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2014-1216 Council Agenda PACKET
CITY OF -SHLAND Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Time permitting, the Presiding Officer may allow oral testimony. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you, if any. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to speak, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 16, 2014 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 7:00 p.m. Regular Meeting 1. CALL TO ORDER IL PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Executive Session of November 18, 2014 2. Study Session of December 1, 2014 3. Business Meeting of December 2, 2014 Vi. SPECIAL PRESENTATIONS & AWARDS 1. Presentation by Representative Peter Buckley and Senator Alan Bates on the upcoming legislative session 2. Annual presentation by the Planning Commission VII. 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] VIII. CONSENT AGENDA 1. Approval of commission, committee, and board minutes 2. Special procurement for the purchase of one aerial lift bucket truck 3. Contract addendum - Evergreen Job & Safety Training, Inc. 4. Liquor license application for SOM dba Happy Bowl COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9. STARTING APRIL 15, 2014, CHARTER CABLE WILL BROADCAST LIVE ON CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US 5. Liquor License application for Jeff Chase dba Ashland Valero 6. Approval of a resolution titled, "A resolution adopting a supplemental budget increasing appropriations within the 2013-2015 biennium budget" IX. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. Public hearings shall conclude at 9:00 p.m: and be continued to a future date to be set by the Council, unless the Council, by a two-thirds vote of those present, extends the hearing(s) until up to 10:30 p.m. at which time the Council shall set a date for continuance and shall proceed with the balance of the agenda.) None X. UNFINISHED BUSINESS 1. Direction to staff on how to enforce the Food and Beverage Tax ordinance XI. NEW AND MISCELLANEOUS BUSINESS 1. Biennial 2013-2015 Fifth Quarter Financial Report 2. Adoption of the Strategic Plan for the use of social service grant funds 3. Economic Development Strategy program and activity update 4. Responses to RFPs for downtown beautification projects 5. Council direction to proceed with downtown plaza beautification projects XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Approval of a resolution titled, "A resolution establishing a bee sub-committee and consenting to the requirements of becoming a Bee City USA" 2. Second reading of an ordinance titled, "An ordinance of the City of Ashland repealing Ordinance No. 2052 and replacing in its entirety existing Title 18 Land Use of the Ashland Municipal Code with a restated and revised Unified Land Use Ordinance" XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT OF BUSINESS MEETING 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. STARTING APRIL 15, 2014, CHARTER CABLE WILL BROADCAST LIVE ON CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US Minutes for the City Council Study Session December 1, 2014 Pagel of `5 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, December 1, 2014 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:31 p.m. in the Siskiyou Room. Councilor Morris, Rosenthal, Slattery, Lemhouse, Marsh, and Voisin were present. 1. Public Input Robert Kendrick/153 Will Dodge Way/Referenced the memo in the agenda packet from the Deputy Police Chief, noted the decrease in cases for O'Ryans Irish Pub and the Vinyl Club while cases on Will Dodge Way increased 86%, calls for service 127%, and 166% for on view. The two clubs on Will Dodge Way generated the noise and crowds. He thought this information would have resulted in a report or inspection and the response was there were no real issues raised. He read the codes when he built in the downtown and it showed the noise ordinance was enforced and that was not true. Builders should be told this information prior to building. The police would not write a citation for a noise complaint for a resident living in a downtown zone. He went on to read from Section 14.06 of the Title 14 Interstate Land Sales. Madeline Hill/950 Golden Aspen Place/Explained the police had told them the noise ordinance did not work well in Will Dodge Way due to acoustics in the alley. The police also did not think the people walking in the alley had anything to do with the Vinyl Club and she disagreed. State regulations had requirements to control the activity around the bar. People were coming out the back door of O'Ryans Irish Pub to smoke. She questioned if it were possible for them to smoke outside the front door instead but heard from others that activity would not be tolerated on Main Street. The issue for her as a neighbor was the club had started to keep the back door open turning Will Dodge Way into a rent-free lobby. Another concern was potential fire danger in the Vinyl Club. The City should not encourage people to build in the downtown if the city was not inhabitable. She suggested third party bouncers to keep patrons from going out the back door of the clubs. She hoped Council would take action and make it more habitable for people to live downtown. She would not have bought or built downtown if she had known the City would not enforce the ordinances. Mike Leslie/137 E Main Street/Explained he was the manager of O'Ryans Irish Pub and co-owner of the Vinyl Club. He suspected one or two individuals were responsible for the majority of the noise complaints. Both clubs had an open door policy with the Ashland Police Department and did their best to ensure the areas around the clubs were safe. All of their bouncers, including the ones at the back door are Department of Public Safety certified and trained. Mr. Leslie was also certified and the executive manager. They followed all the rules and regulations from the Oregon Liquor Control Commission (OLCC). He tried to work with Mr. Kendrick in the past but Mr. Kendrick ended up blowing up his phone with constant text messaging. He clarified the back door was always opened and had been for years. They also set scales to stop the music from exceeding decibel levels and did their best to keep Will Dodge Way safe with bouncers at the front and back doors. He was tired of being attacked. Changing the noise ordinance would affect all establishments and that included the Shakespeare Festival, Ashland Armory, and other businesses as well. Louise Shawkat/870 Cambridge/Thought waiving the 10-cent paper bag fee would undermine the current ordinance education in progress. New habits were fragile and should not regress during the training period. It would also undermine the acceptance of responsibility by the businesses. Progress came with consistency. Ashland was a community fulfilling a goal of waste reduction. She encouraged Council to stay with the program. She went on to address the Look Ahead and noted the lack of Minutes for the City Council Study Session December 1, 2014 Page 2 of 5 information regarding the consequences of climate change nor did she see a plan to mitigate carbon output. She did not think these matters should fall to the Conservation Commission alone. The time had come to reverse the political opportunism, outmoded thinking, and upside down urban priorities. 2. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 3. Review of liquor license endorsement process City Recorder Barbara Christensen explained her office processed approximately fifteen liquor licenses a year that included new licenses, and changes in ownership or location. The City currently had one hundred licenses that came to her for annual renewal. The Oregon Liquor Control Commission (OLCC) sent a list every July and the renewal period for businesses was September 1. She forwarded renewals to the Utilities Department to confirm business licenses were current and ensure businesses paid the Food and Beverage tax. The list also went to the Police Department. Changes in ownership or location and new license applications did not normally go through the Police Department. New liquor license applications went to Community Development for review in addition to the Utilities Department. Both the City Recorder and Deputy Police Chief recommended amending the code to include Police review for ownership and location changes. Deputy Police Chief Tighe O'Meara further explained including the Police Department in the renewal review process would allow them to identify troubled areas and provide that information to Council. He addressed the negative-recommendation-threshold and clarified that multiple complaints might not merit a negative recommendation. OLCC Investigator Amy Navine explained the process if Council denied a liquor license. The City would have 45 days to give the reason why they wanted the denial. The denial would go before two committees prior to a final decision by commissioners at the main OLCC office in Portland. OLCC would not grant new liquor licenses during that process but renewals could continue to operate. The City of Portland had a successful time, place, and manner ordinance that could help the City determine evidence needed in a denial. Calls for service were useful but did not break the law. OLCC would cite a liquor license if it was adjudicated civilly or criminally. Deputy Chief O'Meara noted the Police Department was looking into using the Chronic Nuisance Ordinance on the tenant business owner and the property owner. Ms. Navine clarified the licensee or applicant could appeal with an administrative hearing. OLCC Region Inspector Matt Roberts explained the OLCC considered anyone in the area because a licensee exists to be under the responsibility of the club owner and expected the licensee to control, acknowledge, or take steps to alter that behavior that included calling the police not physically intervene or use force. The size of area varied according to the activity. Deputy Chief O'Meara addressed public testimony that stated the noise ordinance was not enforced or applied appropriately. The location of the complaint determined how the police applied the ordinance or whether it was unreasonable. The OLCC would not revoke a license based on noise ordinance violations unless it was a continual issue. It would have to reach a Class 4 or 5 violation of noise. Even then, OLCC considered Category 5 violations minimal. They could not take administrative action until there was criminal adjudication of the charges. The OLCC preferred compliance rather than administrative action. Statewide the OLCC had Minutes for the City Council Study Session December 1, 2014 Page 3 of 5 not seized or revoked any licenses due to noise. Compliance worked well and the OLCC never had an incident that required a mediator. Deputy Chief O'Meara did not think the City's noise ordinance needed modifying. Applying the current ordinances and working with Mr. Leslie and his partners would improve the present situation. City Attorney Dave Lohman added the noise ordinance was intentionally subjective. It was a reasonable person standard and appropriate. Council supported the City Recorder and staff recommendation to include the Police Department in ownership and location changes. The situation with the clubs, Mr. Kendrick and Ms. Hill was a neighbor issue not an OLCC issue. Deputy Chief O'Meara would provide a report to Council on the changes they incorporated. Council majority was not in favor of updating the land use code regarding the matter at this time. 4. Discussion of Plaza master planning Councilor Lemhouse explained a master plan would provide a vision for future Councils and serve as a possible guide for improvements over time. He suggested an ad Hoc committee to develop the plan. Council noted the Downtown Parking Management and Circulation ad Hoc Advisory Committee was interested in looking at how the Plaza exists in relation to circulation and recommended delaying a master plan. Alternately, the Downtown Beautification Improvement ad Hoc Committee had several project recommendations for the Plaza and downtown that Council might want to consider. Council majority was not supportive of a master plan at this time. Staff would bring some of the recommendations from the Downtown Beautification Improvement ad Hoc Committee to the next Council meeting for discussion and possible approval. Councilor Marsh asked Council to direct staff to contact the City of Phoenix and City of Talent regarding their use of hanging baskets. City Administrator Dave Kanner would add it to the December 16, 2014 meeting. 5. Discussion of Council seating arrangements City Administrator Dave Kanner explained there was not a predominant method used by other cities regarding seating arrangements. Council noted two issues, one was the actual seating arrangement, and the other was accommodating medical issues. Councilor Slattery thought the seating arrangement should remain as is. Councilor Voisin suggested sitting counter clockwise instead of the current arrangement of sitting clockwise. She had learned that several Councilors thought she wanted to change the seating arrangement to sit closer to the City seal and that was not true. Councilor Slattery raised a point of clarification noting two Councilors had already traded seats with her and wanted to know where she got her information. Councilor Voisin had received this information from another Councilor. Councilor Slattery thought the accusation was ridiculous and he had initially changed seats with her due to medical issues she was experiencing. Councilor Voisin responded with a point of order explaining she had a medical note requiring her to sit in a seat that accommodated her medical condition. Councilor Lemhouse raised a point of order. Council was there to discuss two issues, one was setting a seating arrangement, and now there was this issue of a medical condition and Council had not addressed seating. Mayor Stromberg granted Councilor Lemhouse's point of order. Councilor Voisin thought if there were actual seats in Council that had particular power due to the proximity to the seal, seating should rotate. Councilor Marsh suggested rotating one chair every year for consistency then everyone had a chance to sit in a variety of chairs. Councilor Lemhouse noted although Minutes for the City Council Study Session December 1, 2014 Page 4 of 5 there were numbered positions on Council, it did not represent areas. Councilors should sit in the position they chose to run for and the subsequent seat. If someone wanted another seat, he or she should run for it during the election. Each Councilor had the opportunity to run for specific positions. He preferred the current arrangement and suggested adding seating to Council Rules. Councilor Slattery thought the issue was perceived power spots and this was about one person wanting to sit by the seal. Councilor Voisin raised a point of clarification to confirm Councilor Slattery was stating the reason for her request was to sit closer to the seal. Councilor Slattery responded 90% of people present would agree that was what she said. Councilor Voisin clarified that was not what she said. Councilor Slattery supported the current seating arrangement. Councilor Rosenthal did not think the traditional seating arrangement was flawed. There was nothing wrong with the current seating. It did not matter to him where he sat and he did not support changing the seating. The majority of Council supported the current seating arrangement. Councilor Voisin added if the seating remained in order and consistent, it should extend to how Councilors were set-up on the website. Currently it was alphabetical. Councilor Lemhouse raised a point of order explaining the discussion was not about the website. Council went on to discuss exceptions. City Attorney Dave Lohman explained that Council was elected and not considered employees so the Americans with Disabilities Act (ADA) did not apply to this situation. Councilor discussed exceptions. They were fine if a Councilor wanted to make changes for another while others thought if there was a medical condition, the Mayor should negotiate changing seats. Others added that an independent doctor should verify the need, the Councilor should take that information to the Mayor who would seek one or two Councilors that might accommodate the request, keeping it as confidential as possible. The City would pay for the independent medical evaluation. Mayor Stromberg, the City Administrator, and City Attorney would put together something that captured what was discussed and bring it back to a future Study Session. 6. Discussion of temporary waiver of 10-cent paper bag fee Councilor Lemhouse explained there was inconsistency regarding the 10-cent bag fee and suggested a hiatus on the fee for the month of December. Councilor Voisin noted the education program the City launched for the businesses and thought waiving the fee sent a confusing message. Councilor Slattery added the City should not back off on a policy because it was inconvenient for those who had to put it in place. The Chamber of Commerce was forming a marketing committee regarding the fee and would have something in place by the next tourist season. The executive director for the Chamber was also creating a card explaining the 10-cent fee businesses could place next to their cash registers. Some of Council was interested in looking at the fee and possibly adjusting exemptions after a year. Other comments agreed this was not the time for enforcement while businesses were adjusting to the change. Meeting adjourned at 7:47 p.m. Respectfully submitted, Minutes for the City Council Study Session December 1, 2014 Page 5 of 5 Dana Smith Assistant to the City Recorder Regular City Council Meeting December 2, 2014 Page 1 of 10 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 2, 2014 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 Rosenthal/Lemhouse m/s to add the contract with Key Manufacturing and Rentals regarding the ice rink structure to the Consent Agenda. Voice Vote: all AYES. Motion passed. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced vacancies on the Public Arts, Transportation, and Tree Commissions. APPROVAL OF MINUTES The minutes of the Business Meeting of November 18, 2014 were approved as presented. SPECIAL PRESENTATIONS & AWARDS None PUBLIC FORUM Jonathan Chenjeri/1301 Iowa Street/Explained SOREDI, Southern Oregon Regional Economical Development Inc., was the initiative of Southern Oregon government, public and private holdings to help business prosper to advance economic opportunities compatible with community values with innovative business. He noted services cooperative firms provided and how SOREDI helped local economies thrive. Colin Swales/95 Coolidge Street/Commented on a new medical marijuana dispensary close to his home. He was surprised the City did not allow dispensaries in the downtown area. Instead they were pushed out to the residential zones. He questioned what would happen to medical marijuana dispensaries when marijuana was legalized. The code did not address marijuana retail stores. David French/864 Cypress Point Loop/Addressed a traffic safety issue regarding a pick-up truck with advertisement panels for the Historic Armory parked on Pioneer Street next to the Umqua Bank. It blocked visibility for motorists pulling out of the bank parking lot. He submitted photos into the record. Leigh Madsen/176 Orange Avenue/Invited everyone to an art show developed by Kay Hagen specifically designed around the guests at the Ashland Community Resource Center. Her artwork would be on display and for sale December 13, 2014 from 3:00 p.m. to 7:00 p.m. at the Center. CONSENT AGENDA 1. Approval of commission, committee, and board minutes 2. Liquor License application for Kathryn Maloof dba Agave 3. FEMA Assistance to Firefighters Grant Requests 4. A resolution titled, "A resolution declaring the Canvass of the Vote of the Election Held in and for the City of Ashland, Oregon on November 2, 2014" and Mayoral proclamation 5. Special Procurement for Key Manufacturing, Ice Rink Tent install and removal Councilor Voisin pulled Consent Agenda item #5 for further discussion. Parks and Recreation Regular City Council Meeting December 2, 2014 Page 2 of 10 Superintendent Rachel Dials explained the appeal period would expire December 8, 2014 and the Parks and Recreation Department planned to set the tent up December 9, 2014. Parks and Recreation Director Michael Black and staff worked with neighbors and created a plan to mitigate concerns regarding glare from the tent. The ice rink would be closed starting December 3, 2014 and reopen December 17, 2014 before the December 20, 2014 celebration. Councilor Voisin/Morris m/s to approve Consent Agenda items. Voice Vote: YES. Motion passed. PUBLIC HEARINGS 1. Public Hearing and first reading by title only of an ordinance titled, "An ordinance of the City of Ashland repealing Ordinance No. 2052 and replacing in its entirety existing Title 18 Land Use of the Ashland Municipal Code with a restated and revised Unified Land Use Ordinance" Planning Manager Maria Harris provided background on the Unified Land Use Ordinance (ULUO) and summarized changes incorporated into the proposed ordinance. Ms. Harris clarified the change in multi- family definition would not affect single-family homes with an accessory unit because it presently was subject to site review. Public Hearing Open: 7:29 p.m. Colin Swales/95 Coolidge Street/He noted that he had spoke at the last public hearing and another meeting where Mark Knox represented his now private clients to make sure their wish list of amendments to the code were included. He spoke against the building height. Lithia Way was becoming a luxury condominium canyon instead of a commercial zone as originally intended. The 55-foot height proposal plus the other five feet would make a huge difference to the look and feel of a small town. Something not mentioned at all during the Planning Commission meetings or to the Council,was that a building plat was measured as an average of the total lot. In the new proposal the 55-feet on the down slope side would be more like 75-feet. He wanted to make Council aware of the real consequences of building up. The other thing he did not like was public plaza space being eliminated for an extra story on top. Mr. Swales took issue with time allotted to speak. He went on to respond to a question regarding how the 55-foot height requirement could be taller. Public Hearing Closed: 7:35 p.m. Councilor Slattery/Marsh m/s to approve First Reading of an ordinance titled, "An ordinance of the City of Ashland repealing Ordinance No. 2052 and replacing in its entirety existing Title 18 Land Use of the Ashland Municipal Code with a restated and revised unified land use ordinance" and move the ordinance to second reading. DISCUSSION: Councilor Marsh noted the amount of work that went into the ordinance and thanked everyone involved. Councilor Voisin would not support the motion and felt strongly about increasing the building height in a commercial zone when the City did not have the appropriate fire equipment. Councilor Rosenthal shared the same concern regarding building height and lack of existing safety equipment. The City needed to address infill strategy going forward along with public safety and develop ways to obtain the necessary equipment. Councilor Lemhouse explained the building height issue was a result of the aggressive infill strategy the City had in place. He did not think the lack of a ladder truck was reason enough to fail the ordinance. If that were an issue, worldwide cities would not have high-rise buildings. There were strategies fire safety officials could implement to keep people safe. The new ordinance was an improvement over the current one. Councilor Morris thought a modern building at 55-feet was safer than an older building at 30-feet. The ordinance was a compromise of many things but better than what was currently in place and would function well. Councilor Voisin commented she had heard Council say how much they cherished the Regular City Council Meeting December 2, 2014 Page 3 of 10 small town feel of Ashland. Increasing the height of the commercial area would change the entire look of the downtown radically and was another reason she would opposed the ordinance. Roll Call Vote: Councilor Marsh, Lemhouse, Slattery, Morris, and Rosenthal, YES; Councilor Voisin, NO. Motion passed 5-1. UNFINISHED BUSINESS None NEW AND MISCELLANEOUS BUSINESS 1. Talent Ashland Phoenix Emergency Pipeline Intertie project update and approval of Medford Water Commission wholesale agreement Public Works Director Mike Faught explained staff had taken a project that typically took two years and accomplished it in five months. He introduced and thanked key staff Morgan Wayman, Steve Walker, Scott Fleury, Dave Lohman, Dave Kanner, Mike Morrison, and contract Design Engineer Jeff Ballard from RH2. He thanked Oregon Department of Transportation (ODOT), and Jackson County for expediting the permit process. Mr. Ballard presented the Mayor and Council with plaques in honor of the project. Councilor Voisin thanked Senior Engineer Pieter Smeenk for acquiring the $2.9 million loan that enabled the City to afford the project. Mr. Faught thanked Chris Peters, a consultant who helped Mr. Smeenk work on the loan. In order to meet the September deadline, the City built a temporary pump station on a right of way and was presently negotiating the property purchase. Of the $559,120 spent to construct the temporary facility, $115,876 could not be re-used at the new site. Associated costs for professional services on final construction totaled approximately $151,600 leaving a balance of $478,973 to complete the permanent pump station. Mr. Faught reviewed the options RH2 researched for future expansion from 2.13 million gallons of water per day (mgd) to 3 mgd. He also contacted Ray Bartlett from Economic and Financial Analysis who reported revenue short falls but did not think it would necessitate a rate increase. The City had 18 months to move the temporary pump station 150 feet to another lot. Mr. Ballard addressed Option 2 and explained two pumps provided redundancy at a smaller amount to generate 2.13 mgd. The second pump was smaller than the rented one. There was a possibility to align the pumps differently to function depending on the flow rates required. Mr. Faught clarified it was not cost effective to build a shell at this time because of the unknown of what was needed 5-10 years from now. Mr. Ballard further clarified they were building half of a shell, completing the remainder of the shell was not recommended considering the amount of mechanical and electrical required for the space. It would also cost the same as funding a full pump station. Mr. Faught went to explain the City had the foresight to raise rates in anticipation of the TAP project and created the surplus money to pay the debt in the future. They were not sure what that would look like ten years from now but at this time, there was no reason to raise rates. Staff also pushed a couple projects out on the 20-year plan to fund the TAP project. Mr. Ballard added because of the differences in pumps, controls, and mechanical and electrical connections, they would replace everything in order to pump 3 mgd from the permanent pump station. It would also require some remodeling. Only a small portion of the temporary system would be re-used in the permanent system. The pump was chosen because of the emergency and what was available at the time and was not the long-term solution. Mr. Bartlett included loss of water sales in the financial report. Due to conservation the City lost Regular City Council Meeting December 2, 2014 Page 4 of 10 approximately $200,000 in projected revenue, Mr. Bartlett factored that loss into the analysis and built it into the financial plan. Councilor Rosenthal/Voisin m/s to approve Option 1 TAP Pump Station project to include the acquisition of a new pump. DISCUSSION: Councilor Rosenthal explained TAP was an emergency arrangement and the City would never have to use water from the Medford water supply while Option 2 mortgaged several projects. Councilor Voisin could support Option 1, but was very disappointed they had to move the pump station because of the emergency. She supported Option 1 using the existing pump equipment. Councilor Morris liked Option 2 and thought eventually the City would end up paying the money to get to Option 2. Councilor Lemhouse agreed with Councilor Morris. He would rather spend money on a redundant system while there was momentum and cost less than it would in a decade. Councilor Slattery supported Option 2 as well. Councilor Marsh disliked both options. The City made it through the crisis without using Medford water. Option l provided the capacity for 2.13 mgd and there was not a budget for infrastructure costs to go to 3 mgd. Councilor Rosenthal questioned if there was enough time to research other options. Mr. Faught responded there was possibly two weeks. It would take 18-months to get everything accomplished including construction. Senior Engineer and Project Manager Morgan Wayman added the permit process and contract biding would take time. Waiting two weeks was reasonable. Mr. Ballard commented they initially started with more options but from a technical perspective and engineering mindset, these were the two best options. Mr. Faught preferred Option 2 because it prepared the City for all contingencies. Councilor Lemhouse noted both options were legitimate and preferred over preparedness to being under prepared. Councilor Voisin explained the City could have redundancy built on redundancy and still not have water if the area experienced a serious drought. Councilor Lemhouse raised a point of clarification and asked staff to explain the difference between the Ashland and Medford watershed. Mr. Faught explained Ashland had an 800-acre watershed with no reserve and a different weather pattern while the Lost Creek watershed had reserve levels specifically saved for drought years. Medford had the better system to extend water during drought than Ashland did. Councilor Voisin commented water from Medford would be extremely expensive and did not want to spend the money at this time. She suggested waiting to see the effects of climate change and make a decision then. Mr. Faught confirmed Option 1 would meet the 2 mgd requirement for emergencies. However, it was not designed to run for extended periods. Roll Call Vote: Councilor Rosenthal and Voisin, YES; Councilor Marsh, Lemhouse, Morris, and Slattery, NO. Motion failed 4-2. Councilor Morris/Slattery m/s to approve the Option 2 TAP pump station project. DISCUSSION: Councilor Morris explained Option 2 was more reliable. The two-pump system offered a back up. Roll Call Vote: Councilor Marsh, Lemhouse, Rosenthal, Morris, YES; Councilor Voisin, NO. Motion passed 5-1. Councilor Slattery/Lemhouse m/s to approve the Medford Water Commission Wholesale Water Service Agreement. Roll Call Vote: Councilor Marsh, Lemhouse, Rosenthal, Lemhouse, Voisin, and Slattery, YES. Motion passed. 2. Annual appointments to the Citizen Budget Committee and the Council liaison to the Municipal Audit Commission City Recorder Barbara Christensen received one application from Chase Mayer and Garrett Furuichi was interested in reappointment. There were three vacancies on the Commission. Council requested that the City Recorder continue to advertise for the two vacant positions on the Citizen Budget Committee and bring to council once more applications are received. Regular City Council Meeting December 2, 2014 Page 5 of 10 Councilor Slattery/Lemhouse m/s approval of Budget Committee member Garrett Furuichi with a term ending December 31, 2018. Voice Vote: all AYES. Motion passed. Ms. Christensen went on to explain the process for Council Liaisons was to have the next liaison in place prior to the end of the current liaison's term. Council preferred waiting until January 2015 to make the appointment and include the new Councilor in the process. 3. Solid Waste Franchise rates & fees update resolutions Management Analyst Adam Hanks explained one of the recommendations of the ad Hoc Recycle Center Committee was a sticker program for curbside recycling to match the solid waste sticker program already in place. Recology General Manager Steve DiFabion noted a typo in the rates for the 32-gallon and the 64-gallon recycle carts. He would get back to staff and Council with the correct cost. Mr. Hanks went on to explain staff separated the administrative operations standards and rules from the franchise rates and fees so there were two resolutions before Council. Councilor Marsh/Slattery m/s to approve Resolution #2014-22 Solid Waste Franchise Rates and Fees repealing 2013-32. DISCUSSION: Councilor Marsh clarified the sticker program provided an incentive for community to participate in recycling at a more modest level than was currently required in the program and would reduce their overall waste stream. Mr. DiFabion explained Recology used Reduce, Reuse, and Recycle, as third to emphasize Reduce and ultimately not produce materials that require recycling. Councilor Slattery raised a point of order. Councilor Slattery/Rosenthal m/s to suspend Council Rules. Voice Vote: all AYES. Motion passed. DISCUSSION: Councilor Marsh understood the intent but wanted to be clear on the language stated in the staff report. Councilor Lemhouse/Rosenthal m/s to reinstate Council Rules. Voice Vote: all AYES. Motion passed. Roll Call Vote on main motion: Councilor Rosenthal, Lemhouse, Marsh, Slattery, Morris and Voisin, YES. Motion passed. Councilor Marsh/Rosenthal m/s to approve Resolution #2014-23 adopting Solid Waste administrative operations standards and rules. Roll Call Vote: Councilor Rosenthal, Lemhouse, Marsh, Slattery, Morris and Voisin, YES. Motion passed. 4. Solid Waste Franchise: A presentation of Financial Incentive Options for waste reduction Management Analyst Adam Hanks explained the report was part of the franchise agreement approved October 2013. The report included a range of options or methodologies for rate structures to incentivize waste reduction and prevention. Recology General Manager Steve DiFabion addressed highlights and explained a primary tool used in Jackson County to increase diversion was education. Recology employed one full time position devoted to education and thought outreach would increase the effectiveness of education. Rate Approaches entailed engineering rates to drive a particular behavior to recycling. He went on to explain what had worked in San Francisco regarding waste and recycling. City Administrator Dave Kanner addressed Mandatory Garbage Service and explained mandating garbage and recycling service for all customers alone provided the incentive to recycle because there were no disincentives. Mr. DiFabion confirmed some communities used mandatory garbage and recycling service to achieve waste reduction and recycling goals and described methods used in San Francisco. Mandatory service often lead to collection issues where people refused to pay or use the service and often led to liens on properties. It also had potential to lower rates but overall required more research. Regular City Council Meeting December 2, 2014 Page 6 of 10 Council agreed education was important wanted options on 24-gallon cans, composting, rewards for good behavior, expanded sticker programs, and information on mandatory service. Julie Matthews/2090 Creek Drive/Shared her prior experience with Recology and mandated rates in the San Francisco area explaining rates doubled and almost tripled very quickly. In San Jose, the mandate held property owners responsible for garbage whether or not renters paid their bill, even if the property was vacant. Mandating rates introduced controls that were not fair and opened up the possibility to continue increasing rates. The community needed incentives instead. Mayor Stromberg clarified when Recology requested a rate increase the City hired a consultant that analyzed that data and determined the requested rates were reasonable. Staff would further research recommendations and return with more information. Implementing 24- gallon can service and composting would come back at a different time. 5. Economic Development Strategy program and activity update Item delayed due to time constraints. 6. Discussion of Normal Neighborhood Plan Working Group recommendations Councilor Marsh provided a presentation that included: • Original Land Use and Street Framework • Recommended Land Use and Street Framework • Recommended Land Use Framework - Land Use and Housing Density: 1. Housing Density gradation should move from south to north. This would place higher density development near the railroad tracks and within a relatively short distance to transit lines, parks, and community facilities. This approach will also protect the existing watershed. 2. Zoning designations applied with the Normal neighborhood area should be consistent with the zoning of adjacent land within the City Limits, and use zoning labels that are comparable to those used in the rest of the city while recognizing the Normal Neighborhood (NN) district. 3. Maintain option for neighborhood serving businesses and services close to East Main Street near the northeast corner of the plan area. • Recommended Open Space Framework Open Space: 1. Maintain the approach toward designation of open space and conservation areas proposed in the draft plan. Amend the plan to allow non-conservation open space to be relocated requiring a minor amendment application. 2. Obtain a review of the final plan by the Parks Department prior to adoption. Design issues: I . Maintain a maximum building height of 35 feet. 2. Encourage the development of clustered housing that integrates with open space and respects the viewshed. 3. Provide for a smooth transition between adjacent developments to promote neighborhood cohesiveness, provide open space in a coordinated manner, and secure an efficient circulation system. • Recommended Street Framework Transportation: 1. The internal transportation system's local street network should incorporate multiple connections with East Main Street as shown, and maintain the Normal Collector as designated in the draft plan. Additional connections to East Main Street or Clay Street, Regular City Council Meeting December 2, 2014 Page 7 of 10 which are not shown in the proposed Street Framework, should require a major amendment to the Plan. 2. Internal local streets should be aligned to provide a grid pattern, including clear east-west connections. 3. Pedestrian and bicycle pathways are critical, especially as a means to connect residents with the middle school and the existing bike path. 4. External transportation improvements, including the railroad crossing and improvements to East Main Street are integral and should proceed in concert with development. • Next Steps The working group believes that as a next step that the city should direct staff, and/or an outside consultant, to identify and quantify: 1. The need and possible means for public infrastructure investment in the project, and 2. The overall costs and benefits of development to the City. • Alternative Motions o Direct Staff to amend the Normal Neighborhood Plan implementing ordinances to incorporate the selected recommendations of the Normal Neighborhood Working Group as discussed by Council, present the updated plan to the Planning Commission and Parks Department for comment, and schedule a review before the Normal Neighborhood Working Group upon completion. o Direct Staff to conduct an analysis of external infrastructure improvements [transportation, water, sewer, storm drain] associated with the plan area's development to identify and quantify the need and possible means for public investment, and present this analysis to the Normal Neighborhood Working Group upon completion. Mayor Stromberg supported the plan and thought it could go further. Council was not required to annex and needed to ensure there was enough of a public benefit to make it worthwhile for what the City will have to do to make this happen. It was important the plan be designed to be feasible to develop. Annexations created value in the system and alternately the developers had to take significant risk. The second thing was they took significant steps to relate to the actual physical set up and not just working out of abstract concepts. Parks and Recreation would participate and look at ways to integrate it as a park concept or at least part of it. The Working Group still needed to figure out affordable housing. Another issue was circulation. He wanted to take into account people who had already developed in the area and build on their efforts. He also thought 500 units was too much and now was the time to look at the city as a whole, decide the urban core and put infrastructure there with public transit and more density at key locations and minimize density at the fringes. Planning Commissioner Rich Kaplan commented on the process and while they reached consensus on some recommendations, there was still different opinions on how the plan should look. Getting input from the Parks and Recreation Department and the developers with help resolve the affordable housing issue. Another issue was wetlands. Mayor Stromberg added the wildlife corridors as another piece. Community Development Director Bill Molnar thought the April 2015 completion date for analysis was achievable. Council discussed having the developer make a proposal on transportation costs and the majority did not support the suggestion. Debbie Miller/160 Normal Street/Explained she was on the Planning Commission and had recused herself from all meetings regarding the Normal Neighborhood Plan and spoke as a private citizen. She had testified many times on the problems of developing the area and the number of dwelling units consultants and the Working Group considered. Allowing 400 units was too many houses, would most likely not be family oriented and would create a ghettoisation on the edge of town. In addition, the transportation east and west was not thought through well enough. Regular City Council Meeting December 2, 2014 Page 8of10 Carol Block/355 Normal Street/Thought the East Main improvements and Railroad Crossing costs would be enormous. She suggested Council poll the community on the issues residents have brought up repeatedly at the Working Groups. Taxpayers had a say and it was important to include them. She commented on the survey already taken and questioned how many people received the survey and thought it was only thirty people. She did not understand why the City was still looking into Normal neighborhood when there was 20 years of buildable land inventory in other areas. Out of the 94 acres considered for the project, owners of 40 acres had no intention of building ever. Councilor Marsh affirmed the Working Group was not backing away from the ordinance requiring 25% affordable housing. It made better sense to move the higher density area to the southern area. Affordable housing did not have to be in the higher density area. Senior Planner Brandon Goldman explained the Department of Housing and Urban Development (HUD) limited state and federal funding to help subsidize affordable housing if there were noise issues and the Railroad in operation would constitute one. Alternately, that would not prohibit a private property owner from developing affordable housing without federal subsidy. Councilor Marsh addressed the wetlands and noted the Working Group made no changes to the Planning Commission's recommendation to preserve wetlands as distinguished on the 2008 map and included the large open space delineations. Councilor Marsh would work with staff on including the Transportation Commission in the process. Councilor Morris/Lemhouse m/s to direct staff to amend the Normal Neighborhood Plan implementing ordinances to incorporate the selected recommendations of the Normal Neighborhood Working Group as discussed by Council, present the updated plan to the Planning Commission and Parks Department for comment, and schedule a review before the Normal Neighborhood Working Group upon completion. And, to direct staff to conduct an analysis of external infrastructure improvements associated with the plan area's development to identify and quantify the need and possible means for public investment, and present this analysis to the Normal Neighborhood Working Group upon completion. DISCUSSION: Councilor Morris thought the plan needed to go back to the Planning Commission and Public Works for numbers and then back to Council. Councilor Lemhouse clarified this was not a final adoption of the plan and there would be more opportunity for public comment. Councilor Voisin/Marsh m/s to amend the motion to include review by Transportation Commission. DISCUSSION: Councilor Voisin thought it was important for the Transportation Commission to review the plan. Roll Call Vote: Councilor Marsh, Slattery, Morris, Voisin, Rosenthal, and Lemhouse, YES. Motion passed. Roll Call Vote on amended main motion: Councilor Marsh, Slattery, Morris, Voisin, Rosenthal, and Lemhouse, YES. Motion passed. 7. Direction to staff on how to enforce the Food and Beverage tax ordinance City Administrator Dave Kanner explained the item was a result from a complaint the City received during the summer that food and beverage vendors at the Tuesday Growers Market were not paying Food and Beverage Tax. The complaint originated from a brick and mortar food and beverage vendor who felt it was unfair competition. The City notified two vendors they were in violation of the Food and Beverage ordinance. Neither paid the taxes owed, appealed, or contacted the City to establish a payment plan. Two weeks after contacting the vendors, the Growers Market contacted the City for information about the Food and Beverage tax. Administrative Services Director Lee Tuneberg requested information from the Growers Market on who the vendors were so the City could contact them. The Growers Market did not comply with this request Regular City Council Meeting December 2, 2014 Page 9 of 10 for several weeks and had made no effort to comply with the City's request that the vendors pay their taxes. There was a misconception the food and beverage vendors did not think they were responsible for the Food and Beverage tax because the Growers Market was a mutual benefit non-profit and that was not the case. Another misconception was food and beverage vendors had not been charging the tax to their customers. Under the Food and Beverage Tax Ordinance, they were not required to charge the tax to their customers. They had the option of building it into their prices. It was the operator, not the customer, responsible for paying the tax. David French/864 Cypress Point Loop/Owned Griffin Creek Coffee and was a member of the Growers Market for the last three years and thought the Food and Beverage tax needed to be adjusted. He was in operation for less than 8 hours a week in Ashland selling cups of coffee for $1.00. The revenue the City would gain from him weekly was approximately $7411. He asked the Council to consider exclusion for smaller businesses. The Food and Beverage tax actually really burdened the tourist community. The businesses were not paying the tax, the customers were. Additionally, imposing a retroactive tax placed an unfair burden on a small business owner. Monica Rey/12310 Ramsey Road, Gold Hill/Explained the Growers Market was cooperating with the City of Ashland. Currently they were altering their policies and information administered to their members regarding the enforcement of the Food and Beverage tax. They immediately contacted Mr. Tuneberg. During their monthly meeting, they discussed the tax and prepared to move forward. They sent the City the list of vendors requested and notified their vendors they were eligible for this tax in the future and needed to keep records and paperwork and deposit the taxes. Their only request was starting the tax 2015 since it was new to their vendors. It seemed unfair to enact the tax retroactively when the Growers Market was not aware it applied to their vendors. Jerry Painter/940 SW 6th Street/Owned Daddy's Donuts & Juices and was shocked when he received a letter stating he was responsible for retroactive Food and Beverage tax from the time he began selling at the Growers Market 20 years ago. He did not see the reason or fairness in the letter and thought it was a hard tactic to frighten the vendors. The tax was obviously for tourists and the Growers Market was not a tourist attraction, attracting approximately 5% tourists. Food vendors could not sell food at the Saturday market downtown. Apparently, the exclusion was due to food vendors not paying enough taxes. It was not fair to have food vendors pay taxes and still exclude them from the Saturday market. The right thing to do was leave things as they have been, tax the permanent downtown businesses that will collect the larger part of sales from tourists and let the micro part time restaurants have the chance to stay in business and not burden the people of Ashland with more taxes. Marcella Bell/637 Red Oak Street, Central Point/Explained the seasonal nature of their business as well as their recent efforts to transition to electronic record keeping led to a situation where current leadership and membership was unaware that any of the members were obligated to collect Food and Beverage tax. They recognized that ignorance did not constitute an exemption from their responsibility and that was not why they were there. They were there to ask that the City allow the members affected by the tax collection to move forward in a way where they could keep accurate records. Vendors operated their businesses in Ashland on an incredibly limited basis, 36 days throughout the year with a maximum of 144 hours. While they recognize they made an error they wanted to correct the error in a way that allowed accurate record keeping and upfront assessment rather than after the fact estimates. Kyle Reilly/14855 East Evans Creek Road, Rogue River/Urged Council to defer the enforcement of the Food and Beverage tax to 2015. The majority of food vendors were willing to pay the tax but a retroactive tax would be very difficult at this point. Regular City Council Meeting December 2, 2014 Page 10 of 10 Councilor Marsh/Lemhouse m/s to defer enforcement of the Food & Beverage Tax Ordinance against prepared food operators at the Tuesday Growers Market until 2015. DISCUSSION: Councilor Marsh thought the City needed to move forward with the imposition of the tax. It had been ambiguous and deferring enforcement until 2015 allowed a fresh start. Councilor Lemhouse thought what was unfair was mischaracterizing a tax that had been in place for 20 years as a retroactive tax when it was not. For whatever reason the Growers Market had not had a process in place to ensure members were aware of the tax. He appreciated Ms. Bell's testimony and how the Growers Market was creating policies regarding the tax. The fairness issue to him was telling some food vendors they did not have to do what others who conduct the same business have done. Council was being asked to be unfair. He was not sure whether it was worthwhile to impose the tax in 2015 instead requesting retroactive tax. Councilor Rosenthal thought Council was rushing through the discussion and thought the item should be continued to the next meeting. Councilor Voisin agreed with Councilor Rosenthal but also wanted staff to look into adding the Growers Market as an exemption to the Food and Beverage ordinance. Councilor Slattery/Lemhouse m/s to postpone consideration of this item until next meeting. Voice Vote: all AYES. Motion passed. ORDINANCES. RESOLUTIONS AND CONTRACTS (None) OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Slattery noted Southern Oregon University (SOU) football team won the quarterfinal game and was playing a semi-final game in Chicago Saturday. People interested in viewing the game could go to the SOU website. In addition, the SOU Girls Volley Ball team was in the nationals. Councilor Marsh announced the State of the City event was scheduled for January 27, 2015 at the Community Center at 5:30 p.m. People interested in participating in the planning could contact Councilor Marsh. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 10:30 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor ASHLAND DOWNTOWN PARKING MANAGEMENT & CIRCULATION AD HOC ADVISORY COMMITTEE MINUTES November 5, 2014 CALL TO ORDER The meeting was called to order at 3:30 p.m. in the Community Development Building/Siskiyou Room, 51 Winburn Way Regular members present: Pam Hammond, Michael Dawkins, Dave Young, John Williams (left at 5:00), Emile Amarotico, Lisa Beam, Marie Donovan, Pam Marsh, Joe Collonge, Joe Graf, John Fields, and Liz Murphy Regular members absent: Cynthia Rider, and Rich Kaplan Ex officio (non-voting) members present: Sandra Slattery, Bill Molnar, Rich Rosenthal, Katharine Flanagan, Mike Faught, and Lee Tuneberg Ex officio (non-voting) members absent: Mike Gardiner City of Ashland Staff members present: Tami De Mille-Campos, Kristy Blackman, Maria Harris (left at 4:55), and Dave Kanner (left at 4:00) Non members present: Linda Fait (Diamond Parking), and Bob Hackett (OSF) APPROVAL OF MINUTES October 1, 2014 Approved by unanimous consent. PUBLIC FORUM Andrew Kubik, 1251 Munson Dr. He has been following this for a number of months now, also following the studies and surveys. The thing that struck him about the survey was that it seemed to target people who would be the most likely complainants about the lack of parking. He stated the people from outside Ashland (tourists, patrons, etc.) feel there is not a parking issue in Ashland and he is inclined to agree with that. Based on that, he does not see a problem with parking and doesn't think the construction of a new parking garage is warranted. If that does happen he believes the downtown merchants should be financing it because they are the ones benefitting from it most. Louise Shawkat, 870 Cambridge St. Read letter to the Committee (see attached) Barb Barasa, 183 W. Nevada She is usually on top of these things but she has not been following this. She actually just became aware that there was a discussion about parking garages. The point she wanted to make is after not riding her bike for years & just storing it in her garage, she finally bought an electric assist bike over the summer and she is riding it everywhere that she doesn't need her car to get to. She said she is terrified to ride through downtown. There are bike lanes on each end of town but nothing downtown. There also isn't enough bike parking in the commercial areas. She doesn't have a dog in the fight about having a parking garage but if you're going to put a garage in or make any changes to parking, bike lanes should be considered. She added she comes from Chicago and even though it is much larger city she thinks we may be able to modify those ideas and make them work for Ashland. Brad Carrier, 362 Oxford St. He moved here from Michigan 28 years ago. He loves Ashland because it is progressive, thoughtful and innovative. A parking structure is the opposite of all of those and it is reverting to an old way of doing things. It will take an enormous amount of concrete and then will promote vehicular traffic. He comes to town various times a day and night and he has had a parking problem maybe half a dozen times. He encourages the committee to think of something other than a parking garage. Gary Shaff, 516 Herbert St. He is a retired Transportation and Land Use Planner (see attached) He formulated an alternative Transportation circulation plan of the plaza area in an effort to look at how we might expand the size of the plaza so that it really meets the needs of the current population, given that it has stayed the same for the past hundred years or so. Susanne Krieg, 770 River Rock Rd. She has lived in Ashland for 34 years and she's experienced intelligent, thoughtful, creative citizens. We've paid these experts, listened to their advice, read their surveys and then this committee seems to ignore what they've talked about. Ashland does not need another parking garage. She takes seriously the title of the committee and she thinks the committee should follow some of the Community Planning Workshop's suggestions before spending tax payer dollars on a multi-level parking garage. She stated times are changing and we need different kinds of thoughtful people and we need to get out of our individual cars for the preservation of our planet. Lisbeth Wynn-Owen, 803P1um Ridge Dr. Most people have said exactly what she wanted to say but she wanted to speak as a tourist. We should keep the tourists happy by providing bike rentals, bike stations throughout town, a bike lane thrown the downtown. She doesn't think there should be delivery trucks downtown after 10 am. She feels all area hotels should have shuttles. While she was a tourist here she never encountered difficulty finding parking because they enjoyed walking to enjoy the charm of the city. Also, when you walk you spend far more money as you walk past the shops. Bill Heimann, 647 Siskiyou Blvd. He has been following this quite closely and what he is hearing is that the major stakeholder is the downtown businesses but that is just not true. The major stakeholder is the citizens of Ashland, The second major stakeholder are the tourists. He stated parking generates pedestrians. If we increase parking then we must increase the pedestrian facilities (more sidewalks, crosswalks etc.). He said we do need better flow. We need a path for bicycles to get to the Plaza. According to the Department of Tourism, bicyclists spend far more money per capita than automobile drivers. So why aren't we providing bicycle parking and a path to get to the Plaza? It is important to address all of the stakeholders. John Baxter, 831 Liberty St. He is a 35 year resident of Ashland. Making downtown more accessible to pedestrians and bicyles is good for business. He challenges anyone who is wanting to build a new parking structure downtown to provide numbers which show how that is good for business. At his former employer, United Bicycle Institute, he witnessed firsthand how making a neighborhood in Portland accessible to bicycles totally revitalized that neighborhood. In just 5 years they completely transformed the street and there are dozens of businesses there that didn't even exist 5 years ago. As Bill Heimann said we need to encourage pedestrians and cyclists. Chair Young introduced the two replacement members to the committee; Joe Graf from the Transportation Commission and Pam Marsh from Council. PROPOSED PARKING FEES Kanner stated it wasn't his intent to discuss the Hargadine fees at this time. He added he and Tuneberg recently discovered that one of the gaps in the code is that it does not provide a method or assigned responsibility for establishing parking fines. They will be addressing that gap in the code as well as others at the first of the year. He was looking for a recommendation from this committee to be forwarded to Council to act upon & set the fine. Flanagan asked if there is any data that shoes what percentage of fines paid are from our local area. Due to the variables the answer is no, don't have that data available according to Tuneberg. Donovan said she thinks the City has the right to increase the fine but she doesn't feel this committee should be the ones making that recommendation. Williams reminded the committee that the current parking fines are kind of a breakeven point. Tuneberg answered that the parking fines and Hargadine fees pay for the debt service, enforcement and maintenance and there is a little leftover after that. He added the parking fines also include a $4 surcharge which helps fund studies, improvements, debt service etc. Hammond asked what percentage of fines go unpaid. Tuneberg answered that we had a problem about 10 years ago but we've fixed that. He said would guess maybe 5% aren't paid. Hammond said she doesn't want a guess, she would like that answer at the next meeting. Young/Williams m/s to authorize the City Administrator to present a parking fine increase to Council. Roll call vote: All Ayes (Graf abstained) Motion passes Collonge said he worked in the bay area and getting a fine for $11.00 was the cheapest parking place he had to park. Coming into Ashland for years he would just pay the fine if he was running late to an appointment because it was only $11.00. There is a way of using that as part of the encouragement to park farther away and walk to the destination. He added he missed the last meeting but the committee put parking structures away a long time ago. The committee started out by looking at the low hanging fruit and parking structures were farther out so he isn't sure where this concept is coming from. Young reminded the committee that according to the consultants our current parking fine is 50% of the average fine. The average is $22.00. He thinks it is entirely reasonable to at least increase the fine to the average. He stated members of this committee have previously mentioned how it would be nice to have money available for other initiatives downtown. Councilor Voisin asked Faught to explain why Chair Young wasn't running the meeting and staff is. Young said staff is taking over these agenda items. Faught added, it isn't just these two items, they have a recommendation from the consultant and now the next step is for staff to step in and try to work through the process in terms of coming up with a final plan. He said this process isn't unlike that of the Ashland Water Advisory Committee (AWAC) that she was a part of. DRAFT PARKING & CIRCULATION MANAGEMENT PLAN Faught thanked everyone for being in attendance. He said this is an opportunity to create a vision for downtown Ashland. The Transportation System Plan (TSP) included a recommendation to fully develop a multi-modal downtown plan. He added there is a lot of data on our website if anyone is would like to research that. He stated we have this recommendation from the consultant so he would like to begin by talking about that. He showed the Current Conditions map and shared that the concept was developed based on the assumption that we have a distribution problem and not a supply problem, We need to talk about whether we agree with their assumption and whether or not we agree with their recommendation for City Council. The only thing staff will do is make sure the engineering piece of the recommendation works. His hope is that the committee starts rolling up their sleeves and doing the work that Council has asked then to do. He pointed out, for those that spoke to the multi-modal piece, there are proposals for multi modal that were presented earlier in the year and multi modal will definitely be included in the final plan. He added in terms of looking at potential solutions and working with all of the partners, he did spend a little time with the Chamber after the last meeting. They spoke about various ideas from a multi modal perspective. Faught asked Slattery if she wanted to speak on that. Slattery read from a letter which stated the Chamber believes plans for Multi-Modal transportation are vitally important to the successful functioning of not only our downtown but entire community helping to create a healthy sustainable economic sector. In fact, with our new Ashland Map and through our tourism efforts that promote outdoor recreation including biking, we are dependent on safe and effective multi-modal transportation. We appreciate, the work of the consultants up to this point, but feel there are some assumptions and conclusions that need to be fleshed out. We now feel it is time to build on that work by helping to create what we believe the Council wants in a comprehensive plan that will be fully vetted by this group and those impacted by it. We believe there is a significant lack of data currently in what we have received from the consultants in the area of demand and no discussion of future growth and its impact to parking. By working with businesses to analyze room inventory and occupancy, we will not only look at existing demand for parking by visitors, but will provide insight into future demand incorporating the significant changes we will be experiencing in the marketplace. The Chamber Board has formed a Parking and Transportation Committee to research parking and transportation supply and demand in the downtown area. The information generated will be shared with the Ashland Downtown Parking and Multi-Modal Circulation Advisory Committee in the hopes of enhancing the creation of a well- developed plan. With tourism being the largest economic contributor to our economy, we must recognize that we have been, and for the foreseeable future will be, a drive-market for visitors. Consistently, over 95% of our visitors travel by car to our area. We believe in a balanced proposal that is truly multi-modal and we do not feel that a discussion of added parking supply and bicycle amenities are mutually exclusive. In fact, more parking availability can actually produce more resources for bicycles such as bike lanes, storage and signage. We believe existing land use policies, including zoning, should be reviewed. Development in the downtown had little, if no, parking requirements, thereby, generating more parking on residential streets. We think consideration should be given to partnering and collaborating with owners of existing properties to evaluate opportunities for additional parking. If we don't start now to identify potential sites, they will either be gone or too expensive to develop. The Chamber is happy to work on elements of Phase One but would like us all to consider a more lateral approach to the plan with a focus on investigating increased supply, collaborative partnerships, potential grants and creative solutions based on a market driven analysis of current as well as future demand. We are offering our assistance and ask for your consideration of expanding the scope and priorities to make this a truly multi-modal plan for Ashland incorporating all modes of transportation including pedestrians, bicycles and cars for the future. Let's create a plan that is innovative and one that we can all be proud of and support. Faught reminded the committee that the goal is to get interaction from everyone on the committee, voting and non- voting. Williams said he loves the things Slattery said and is curious if during any of their conversations they have come up with any creative or innovative strategies? Slattery answered saying she keeps coming back to something Faught said when he first came to work for the City of Ashland. He talked about how there isn't any reason why we can't be looking at multiple grants. If we are going to be changing our transportation core (adding bike lanes, changing parking) then we should take a look and visualize something beautiful as an end result. They would love better sidewalks, better lighting, adding more amenities to make it easier for people to walk. She added we should look at the whole concept of making an accessible downtown/railroad district, not just signage but visual cues that attract you (bike lanes, sidewalks in good shape etc.). The idea is that it all works together. There also needs to be accessible parking for those that are unable to walk or ride a bike, including the disabled population. They see this as a holistic approach, not just as parking and transportation but as navigation, safety, lighting and beauty. Collonge asked Slattery if she was suggesting the committee hold off on the proposed zones which would solve the problem in the railroad district, until the committee has had a chance to think about it for another year. Slattery answered she doesn't think we should think about it for another year but she believes we should take a look at the land use map and start exploring opportunities for additional parking in areas where it is currently underutilized. We're constantly discussing building connections between the railroad district on A St. and the downtown. She thinks it is really a bigger conversation and added it is wonderful that we have Planning Commissioners on this committee. As they've talked about it they've realized it's not just about parking but it's how are we utilizing our entire core area so people can live in the downtown, have businesses in the downtown, visit the downtown etc. This is what they want to study and there is never enough time at these meetings or it's said that we've already discussed that so we aren't going to talk about it again. Because this is such a large group they think having working groups would be a better way for the committee to move forward. She added the groups would focus in on one area and take the time to analyze the topic. Dawkins said he has thought a lot about this today and historically we did a few things wrong in the 50's and 60's which affects what we can do with this plan. He said we could have bypassed the downtown for people that don't need it. He feels the couplets should have also been removed. Now people are resistant to making changes. 8 years ago he floated the idea of finding alternative routes that people could take that didn't want to go through town. If you did that then you would be able to take away the crosswalks, stoplights and actually have space to do reverse in, diagonal parking and slow the speeds down. He feels we have a speed problem. He added, as we think about the next 30 years, maybe we need radical changes. Collonge said the area on A St. between 3,d and 41h as shown on the proposed parking map doesn't contain residences so 4 hour parking might not be feasible. He likes this plan as it solves a lot of his problems. He did point out that more effort has to be given to the Armory. Chair Young said he feels we're getting way into the weeds on something that was kicked down the road during the TSP update process. Essentially this committee was formed to develop the element within the downtown but he didn't know they were going to be responsible for this level of detail. He feels like we've already used up all of our consultant time already. His confusion is that we're creating something that is going into a 20 year document, which essentially says we embrace these concepts but not in specific detail. Faught said the challenge is not just to have a conceptual plan because he sees something that sits on the shelf for when there is an opportunity. Young feels that process can occur later. Once you have a TSP then you can have another public process that focuses specifically on the details. He fears this gives the impression that this is the one and only chance we have to engage in a public process. Dawkins said part of the problem was dealing with parking so this doesn't seem overly designed to him. Hammond said she is feeling more and more uncomfortable about what is happening with the employee parking. She thinks we're pushing them out too far, treating them as second class citizens instead of people that enjoy the downtown while they're hear at work (shop, eat etc.). We're pushing them further out into areas that aren't lit well with sidewalks that are in need of repair. As an employer and a citizen she thinks we will feel the pushback as it is creating a hardship for 3,000 employees. Faught said he spent some time looking at this plan with a traffic engineer, in terms of available parking. He talked to her about displacing parking from going down to two lanes from three. Williams appreciates all of the time and number crunching that has gone on. He is fine with experimenting with the different hour zones especially in the downtown area. He is not convinced that parking permits are the first idea he would go for. He thinks it would have minimal impact and would create a lot of signs and stickers that would just confused tourists and residents. He also pointed out the parking problem in downtown is mainly a seasonal issue so he doesn't want to see us do some giant proposal to try to affect that. He still thinks the employee parking issue can be addressed by taking advantage of all of these empty parking lots. Murphy said at the first meeting she had asked if the City had a vision or plan for the future and she was surprised that there wasn't one. She contacted the Mayor about it and he had her meet with Councilor, Dennis Slattery who explained that at that time they were beginning to work on that. She is confused and feels like the work of this committee is to follow those plans. She added, she really likes what Slattery said and feels we really need to be innovative. Faught said part of the overarching plan that the TSP looks at is the multi-modal side. He agrees with that and that we should pull everything together. Flanagan said in terms of employee parking, she would like to add that there are different segments of the type of employees downtown. Someone that works 8-5 is going to feel safe walking from where they parked to their job but you have over 80 restaurants in Ashland so you have people working at night and those people may not feel safe. She would like the committee to take this into consideration when they are thinking of where to move employee parking to. Faught replied if we do move employee parking then it has to include a plan for lighting, sidewalks etc. Marsh responded to Murphy's comment about where's the plan and the meat of it all. She said the meat is here, in this committee. Council is really looking to this group to give them a vision with some level of detail as to how all of these issues should play out. From Council's point of view they're looking for a level of detail that is different from what was in the TSP. The TSP was really conceptual but in terms of the downtown what they want to have come back to them is a plan with parts clearly defined, not engineered but laid out. She added this is a tremendously talented group and they want to take advantage of that. Donovan said the last meeting must have spiraled into airspace somehow. The conversation wasn't about let's build a structure, it was let's think a little bit more long term. The available lands now are going to be lost to future development. She said she is a little uncomfortable going with a plan that doesn't take into account what is happening in the future of this town. She has lived here since 1979 and has watched the City grow. It is also important to include all modes of transportation, as well as safety. She really hopes that we can be open and receptive to fresh ideas and let everybody feel respected. Fields said when he looks at the distance map one of the things we're doing is pushing parking out to the next pocket. He said if you took the radius and pushed it closer to where the central demand is, then we would have a pretty good idea of where we should control parking. He added without creating more parking we are going to just transfer this parking problem. Faught pointed out that all of the existing data. We haven't talked about where we are 20 years from now or even 5 years from now. He has some concern over the permit system and residents being upset by it. He wants to make sure we're careful about impacts. He does want the committee to look at long term. We need to think about what kind of parking issues we are going to have now & in the future. The other thing that has been talked about that he likes is there is not a lot of vacant land out there. Even if there isn't a need today for parking structures today we would be remiss not to make sure we've identified some opportunities for when that development starts happening. Hackett pointed out that we need to look at growth in sectors. It is important to note that Oregon Shakespeare Festival (OSF) is running at 88% capacity so there won't be a whole lot of growth attributed to OSF. Slattery was thinking about it in sectors too. She said we have a lot of new development happening along Lithia Way which is a good thing and includes mixed business and residential. In addition, the convention center will be adding to our visitor population. She agrees with Hackett but there are multiple needs of our downtown and we just keep adding without increasing supply. Faught informed the committee that he met with Graf for a few hours to get him up to speed. He asked Graf if he had any thoughts to share. Graf said the way he'd analyze this is by figuring out how many parking spaces are needed and then project the growth which would then give you an idea of what needs to be added. He also agrees that this needs to be a holistic approach. Amarotico wonders if we could catalog the "ghost" parking lots which may be used to add additional supply. Faught said he had the GIS department work on that & shared the Vacant Lot map. He said his thought process is before we look at adding additional structures why don't we look at other public/private partnerships. As development occurs why don't we look at partnering with them to add parking to see if we can't try to fill those holes as we develop? Dawkins brought up an idea that he has thought about quite a bit which is that B St. fills up very quickly with the post office employees and they have a lot with all of the delivery vehicles too. His thought is if we can convince the fells to just have a small postal center out of that area then that would free up a lot of space. He also pointed out Kanner's desire to move City Hall out of the downtown which would free up the parking that employee's use, although he feels a little unsure of because the employees eat and do business downtown. Faught said we could at least explore those ideas. Fields isn't convinced that doubling the limited parking is their goal. He said it keeps people moving in the downtown but once you get out of that area it really doesn't solve our problems & at some point we are going to need a place to park vehicles. Faught pointed out there is a lot of work to be done if we want to start exploring some of these things. He said we may want to think about a few sub committees. At the next meeting he would like to shake out which ones we want to work on first. The committee agreed on exploring the sub committees. ADJOURNMENT Meeting adjourned at 5.10 pm Respectfully submitted, Tami De Mille-Campos, Administrative Assistant i t~l k~V # A At a council study session in September 2014, several city councilors urged the conservation commission to develop a proposal on steps the council should initiate in a climate and energy plan. At a recent council meeting October 2014 two members of council are on record as saying Ashland needs to do more to mitigate the effects of climate change than merely encourage state divestment. At that meeting, we also learned that the city has identified addressing climate change as a critical long term goal. As a community we should be trying to reduce our carbon foot print not increase it. While enhancing parking options downtown might be beneficial for some local activities, it also will have the result of increasing vehicular traffic into the area - ani! outcome that will inevitably increase automobile emissions of greenhouse gases. Although thn requesting the state to divest from fossil fuel corporations was a great first step, we are not yet a leader among communities in reducing our carbon footprint. Having a low carbon footprint would be an attribute that raises the profile of the city and potentially attracts visitors and businesses. Rather than promoting developments that would increase our carbon emissions, the city should work in the opposite direction. One way of doing this would be to identify a percentage carbon emissions reduction goal, and then evaluate any proposal in terms of how it might positively or negatively affect achievement of that goal. This should be undertaken before any new construction is approved. By endorsing a downtown parking garage, the council is proposing developments without input from the conservation commission. Building a parking structure and encouraging vehicular traffic is likely to be contrary to any recommendations the conservation commission might develop in this arena. Since a downtown parking structure would both attract more traffic and encourage more vehicular idling, it would be contrary to our stated goal of addressing climate change. Rather than increasing' 4t transportation related pollution, we should be reducing it. Instead, maybe we could encourage a ride-share program, electric (EV) buses or jitneys, car cooperatives, rewards for car pools, car-sharing, and/or biking` The evidence suggests that the state is unlikely to take a meaningful lead on issues such as this. On the other hand, Ashland could be a leader. The `business as usual' approach to development and construction will help us neither adapt to climate change nor reduce our contribution to the climate change problem. We need a different approach. Ashland is a destination city because it is different. A parking structure is not different. A city without big box stores and fast food restaurants is different. It's time to take the next step. Let's develop a climate plan and an energy plan and then evaluate proposals in terms of how well they meet the criteria in those plans. TO: Ashland Transportation Commission FROM: Barb Barasa, Ashland resident DATE: Nov. 5, 2014 RE: Public Comments - Parking and safety for bike riders in Ashland I am attending the Transportation Commission meeting as an advocate for residents who own bikes. Altho I am not a brick and mortar store owner, I would like to also point out that there are five bike shops in Ashland that I know of, and I believe the "business community" of bike store owners would likely support my suggestions. I would like Ashland to actually BE a bike-friendly city instead of just getting listed as one so it can market itself as bike-friendly. I have been an Ashland resident for 18 years. I am 68 years old and live in Quiet Village. For at least the past 10 years I have owned a bike. I would sometimes ride the mile or so into town to go to the Co-op or library, but really was riding the bike less and less, to the point of not at all. This was partly because I was lazy, partly because the terrain made it hard for me to go some places easily, but also because I felt it was unsafe to ride in many areas of town due to vehicle traffic. This is especially true of the downtown area. Safe bike riding I now have an electric assist bike which took care of the first two excuses I had for not riding my old bike. I now ride my bike everywhere in town that I don't need my car for. But even with my new bright "safety jacket" I often feel anxious when I ride on streets in a lot of areas of town. I'm afraid of getting hit by cars or having car doors open in front of me. I will not ride my bike downtown on E. Main, on Lithia Way, on Oak between the tracks and downtown, or on the section of A St. between Oak and Yd for this reason. Downtown I try to wend my way safely to the alley (sometimes having to walk my bike on the sidewalk to get to it), traverse the blocks downtown using the alley, and then get onto the bike lane where I feel somewhat safe, or on the sidewalk (outside the downtown area) if I don't see too many pedestrians up ahead. On A St. I ride on the sidewalk until the street widens, and I ride on the sidewalk on Oak once I cross the tracks into town. I ride on the bike path a lot, but sometimes it doesn't go where I need to go. Then I become hypervigilant trying to avoid getting hit, or navigating around pedestrians, trees and utility poles if I'm on the sidewalk. Putting "share the road" pavement markings and signs on streets where there is no room to safely share the road does not make those streets "bike friendly." What would make them bike friendly would be to provide a way to ride a bike safely and still allow for cars to move freely. That is not going to happen on streets that barely have room for cars to drive both ways on them due to parking. Although I haven't yet had reason to ride north out of town on N. Main, I think the "road diet" (with bike lanes) has made that stretch safer for bikes at least as far as the bike lanes go. But what is the result of bike lanes on N. Main and on Siskiyou? The city has created reasonably safe bike access TO the downtown, but not THROUGH the downtown. It is completely unsafe for a biker to ride south through downtown! The biker is pressed between parked cars on the right and traffic on the left. To ride far enough away from parked cars where doors could open at any minute, the bike has to be in a lane of car traffic. i Obviously Ashland is not Chicago. But we are a tourist destination. Could we not modify this successful bike center and create an Ashland version of it? No financially successful ongoing use has ever been found for the "snack bar" property across from Lithia Park. Could this not be developed as a bike parking, bike rental, bike repair service "station"? Bike rentals for residents and tourists Chicago and many other cities are now using Divvy Bikes bike rental program to make bikes available to anyone who pays a $75 annual fee. (At least that is the fee in Chicago.) They have solved the problem of bike damage and theft and provide an inexpensive way to ride around the local area. Planning - Integrate make bike safety and parking a priority in any development and in the transportation plan Because I believe there will be a rapid increase in bike riders in Ashland, I strongly urge the Transportation Commission and the City Council to carefully and thoroughly consider the safety of those bikers in any plans for roads where those bikers will most frequently ride - the arterial and feeder streets and the commercial areas. The Master Plan already calls for new "pedestrian places" - areas where residents will one day have easy access to get where they are going by foot or by public transportation. Let's make sure that the safety needs of bike riders are also considered in all decision making. The planning emphasis in Chicago uses what is known as transit-oriented development, which encourages developers to include bicycle parking. Does the City of Ashland have similar incentives? I am not opposed to more automobile parking facilities in Ashland. I think we need it. But the need for more vehicle parking should not overshadow the need to plan for adequate space for bike storage, and should certainly not override the safety needs of bike riders in the downtown area. This does not need to be an "either/or" discussion. Please just consider bikes and bike riders when planning any change to vehicle parking or changes to street configurations. J IJ f ~ m • .Ia~o / LL Iii. l / i / ••i1. ACC. 4 , .1.~ JJ .41 ~4I • T •s 54 ~4 U 14 I G rte{ to i I :O r+ `lCYj, ti t aq t QI t my i w c~ u41 ~ t I i. Id N? a u G ~A Lai d r cK, oy NI Lr~ \ 4 To: Downtown Parking Management and Multi-Modal Circulation Advisory Committee November 05,2014 From: Susanne K. Krieg. 770 River Rock Road, Ashland, OR I have lived in Ashland for thirty-four years. I have experienced the intelligent, thoughtful, creative citizens of Ashland reasoning together to solve problems. Climate change is real. It is here now. The federal government is not going to save us. Ashland citizens must lead the nation making enormous changes in our ways of getting around or we doom the future life on this planet. I have known the city to hire engineers from cities north of here. We have paid experts, listened to their advice, read their surveys and then ignored the experts' findings. This has happened with the Multi-Modal Committee. Ashland does not need another multi-level parking garage. I urge the Multi-Modal committee to take their title seriously doing every kind of way-finding signage, curb painting which the University of Eugene experts suggested before spending tax-payers money on a multi-level garage. Times are changing. We must get out of our individual cars for the preservation of our planet. i I i Lisbeth Wynn-Owen, 803 Plum Ridge Drive, Ashland Parking Structure 11/05/2014 Most importantly - this is a tourist city - first and foremost. It is where the money comes from and this keeps the merchants happy. In return, let us keep our tourists happy. When I came here as a tourist, we enjoyed discovering Ashland on foot as a place with clean air and not too many cars. Plus, we spent more money walking in shops and restaurants. I have been a tourist all my life and continue as such. From my experience, Ashland, as a small tourist city, should plan on having the following: 1. City Bike Rentals - one takes a bicycle from one station, uses it and returns it or drops it off at another station in the city. Bike use is successful - look at the modeling of Standing Stone Brewery. 2. A bike lane along Siskiyou Blvd. 3. No delivery trucks after 10am along Siskiyou Blvd. or their guests. My friends and I did not stay at 4. All area ho to have shutt Lithia prings Spa as t ey did not have a shuttle - though they did have afternoon tea. 5. Part of Siskiyou Blvd. between 1St and Pioneer would be a pedestrian area from May to September. 6. Picturesque trolleys or shuttles for transporting everyone. 7. More sidewalk cafes - as long as we do not have more vehicles. Another parking lot will contribute to air and noise pollution and when visitors drive from their hotel to a parking lot, they miss so much of Ashland's charm and don't spend as much money. From the Council Meeting on Oct. 21St, we learned that artists are working diligently at { beautifying Ashland. We should never counter their creativity with anything as unimaginative as a Parking Structure. The new building on Lithia near the PO was not required to have underground parking for its employees and clients. All future buildings must have underground parking. Employers must deal with emplove.&parking either by shuttl n them from an appropriate area of making arrangements with private downtown lots. The alleyway behind Shakespeare Books and Paddington Station, if re-organized, could have room for more customer parking. The nearby unsightly lot labeled Irvine Development could be used for parking even on a temporary basis. Reportedly, people complain there is not enough parking. There will always be those who complain - including us sometimes. It is usually an off-hand remark - like complaining of the weather. This Structure is not the answer to our lovely city and I am one citizen who does not wish to pay for it. Thank you. i Tami DeMille-Campos From: Colin [colinswales@gmail.com] Sent: Tuesday, November 04, 2014 12:21 AM To: Tami DeMille-Campos Cc: David Young Subject: Downtown Parking Tami, ( cc Chair), Can you make sure this is sent to all the Downtown Committee members and react into the Record during B Public Forum on Wednesday tbanks All, I sadly can't make the meeting on Wednesday as I am currently abroad. However, I wanted to comment on the suggested parking plan for the residential zones close to the downtown. I attended the citizen charettes for the 2001 downtown plan when parking issues were thoroughly discussed, and l remember well how controversial were some of the ideas presented then. I own a home at 461 Allison Street, and like those who live on "B" St., am well aware of the daily impact of long-term parking by downtown employees and owners. In our case the Public Library, which had it's own on-site parking reduced when it was quadrupled in size, has caused a bid impact to surrounding on-street parking. When the Library property was re-zoned C-1-D in order to achieve this end, I know the Planning Director at that time callously said that Allison Street was deemed to be the ele frrclo new Library parking lot. Yet your "downtown" map shows the C-!-D library with it's limited, timed, alley parking outside the study zone, while lower Gresham and Allison seem to be a special area annexed in. Why is this? Also, unlike the other residential areas that seem to show residential permits on one side, Allison is shown with 4-hr parking on BOTH sides Why is this? For comparison, the similarly close-in Granite Street is shown with residential permits - only one side - and no parking at all on the other ! j The contrast is quite striking and somehow seems to point to preferential treatment for those Granite Street residents. While I realize that there are bound to be drawbacks to living so close to business activities I feel it is only fair that the burden is equally spread among all the neighbors and that the business themselves at least take some financial responsibility toward provide public parking for their employees and clients as was the case in the past. I strongly feel that full public participation, which has been sadly lacking in this process to date, is essential for any success in this matter. i ASHLAND HISTORIC COMMISSION Meeting Minutes November 5, 2014 Community Development/Engineering Services Building - 61 Winburn Way - Siskiyou Room REGULAR MEETING - CALL TO ORDER: 6:01p.m. - SISKIYOU ROOM in the Community Development/Engineering Services Building, located at 51 Winburn Way Historic Commissioners Present: Ms. Renwick, Mr. Skibby, Mr. Whitford, Mr. Shostrom, Mr. Emery, Mr. Swink Commission Members Absent: Mr. Giordono (E), Ms. KenCairn (U) Council Liaison : Mike Morris, Absent Staff Present: Staff Liaison: Amy Gunter, Clerk: Regan Trapp APPROVAL OF MINUTES: Mr. Whitford motioned to approve the minutes from October 8, 2014. Ms. Renwick seconded. No one opposed. PUBLIC FORUM: There was no one in the audience wishing to speak. COUNCIL LIAISON REPORT: No report was given PLANNING ACTION REVIEW: Mr. Skibby read aloud the procedures for public hearings. PLANNING ACTION: PA-2014-01695 SUBJECT PROPERTY: 488 N Main Street APPLICANT: Michael Lisk OWNER: Vic and Claudia Lively DESCRIPTION: A request for a Site Review approval for a change of use to convert the existing office / residential building located at 488 N Main into a medical marijuana dispensary. No changes to the structure are proposed. The location complies with the recently adopted standards regarding location and is considered as special permitted use in the zone. An exception to the Site Design and Use Standards for parking lot landscaping buffering is also requested. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 1 E 05DA; TAX LOTS: 3500 Mr. Skibby opened the public hearing for staff comments. Ms. Gunter gave the staff report. She stated that the only changes to the building would be a change from residential usage back to office and mercantile/retail. The building had previously been used for offices and retail. Unit 1 & 3 will be used as office space and unit 2 would be used as retail/merchantile, this would eliminate any need for fire separation between different uses. She stated that due to the size of the lot and the placement of the existing structures, an exception will not negatively impact adjacent properties and is consistent with the stated purpose of the standards. The existing handicap parking spot in the front will stay as is and the parking in the back will be moved immediately to the south, allowing the old parking spaces to be used as a place to backup and turnaround. Ms. Gunter mentioned that there will be no new landscaping but that some will be removed to allow for additional parking spaces. The covered parking space in the back will be converted into a covered bicycle parking area and a screened area for trash. Ms. Renwick motioned to approve PA-2014-01695 and Mr. Skibby seconded, no one opposed. PLANNING ACTION: PA-2014-01837 SUBJECT PROPERTY: 95 Winburn Way ("The Ice Rink parking lot") OWNER/APPLICANT: City of Ashland, Ashland Parks & Recreation DESCRIPTION: A request for Site Review approval to place a canopy over the Ice Rink, a recreational facility within Lithia Park, located at 95 Winburn Way. The application includes requests for Exception to the Site Design and Use Standards (11-C- 1-a and IV-C ) and for a Variance to allow the canopy structure to be placed within the required ten-foot side yard setback along Winburn Way. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 1 E 09; TAX LOTS: Part of Tax Lot #100 (Lithia Park lot) E 05DA; TAX LOTS: 3500 Mr. Skibby opened the public hearing for staff comments. Ms. Gunter gave the staff report. She noted that Winburn Way is part of our local Historic district and is outside the boundaries of the national zone. She stated that this is being treated as a site review but that in the past was treated as strictly a building permit. Ms. Gunter said that since then the codes have changed and they have had to do a site/land use review. Ms. Gunter emphasized that the primary reason for concern is the white material from the ice rink cover, reflecting sunlight on the neighbor, directly behind the rink on Granite. The hope is that spectators can enjoy this facility during the season, but that the cover is an eyesore to some neighbors. Mr. Skibby asked if this was the same cover that has been used in years past and Ms. Gunter replied that yes, it was the same one used last year. Mr. Skibby opened up the public hearing to the applicants. Michael Black, Parks and Recreation Director, for Ashland Parks and Recreation addressed the Commission about the planning action and briefly outlined the history of the ice rink cover. Mr. Emery questioned what the months of operation of the ice rink are and Mr. Black told the commission that the cover would need to be on for 4 months. He stated that they replace the cover with something more adequate that better fit the rink itself. He went on to say that the ice rink has a history in Lithia Park and he felt, they better replaced what was damaged in the past. Mr. Skibby asked what the material of the cover was and Mr. Black commented that it is a white vinyl and manufactured to serve all kinds of purposes. Mr. Shostrom asked if they have contacted the manufacturer to see if there is anything they could do to the cover to prevent glare. Mr. Black stated that there is an option to drape it with some sort of material, called dura-last, but is not sure of the look, or if the tent would hold it, or if the manufacturer would cover it under the warranty. Ruth Kennedy, homeowner at, 94 Granite Street, addressed the Commission and went on to say that she opposes the application of the ice rink cover. Ms. Kennedy explained that last year the cover did not come down until mid-April and conveyed that the effect this has on her property value is tremendous. She elaborated on the effect that the cover has when the afternoon sun hits it and went on to say that she has to close her drapes because of the glare. Ms. Kennedy called attention to the fact that the tent is massive compared to years past and it's 75% bigger than in years past. Ms. Kennedy noted that her realtor told her that if the structure was a permanent structure that she should sell her home now. Ms. Kennedy added that landscaping would help the current situation but that would come at a high cost. J.W. Lion, homeowner at 128 Pioneer, lives directly across from the park and addressed the Commission. Mr. Lion stated the impact that the cover has on his view is considerably less than what it is for Ms. Kennedy but said that the size difference is significantly bigger. He conveyed that if the tent were the same size as the original, then he would have no problem with the cover. Mr. Whitford asked if if Mr. Lion lived in his home when the old tent was up and Mr. Lion stated that no, he did not live at the address when the old tent was up. Mr. Black remarked that yes, the tent is bigger because the smaller one was inadequate. Mr. Black conveyed that Ashland Parks and Recreation is trying to provide a recreational opportunity in Lithia Park and want to do whatever they can to mitigate the problems. He stressed that they would like to use the covered space for future events during times when the ice rink is not open and to make the purchase useful to the people that use the park. Mr. Black pointed out that the new tent meets the criteria and remained positive that this will be approved by the Planning Commission. Mr. Swink asked about the cost to set up/take down the tent and Mr. Black replied that it takes $11,000 to set up, take down, and store for the season. Mr. Swink also asked about where the cover is stored and Mr. Black replied that part of it is stored at the golf course, maintenance shop, and the other part is stored in Portland, Or, where the manufacturer is located. Mr. Swink asked how long the vinyl material would last and Mr. Black responded that they have 2 covers because the company sent them the wrong one to begin with but said that they could keep it for backup. Mr. Black elaborated and said the first tent that the company sent them was thinner and may not be able to be used because of snow loads. Ms. Renwick asked about heavy duty shade cloth and Mr. Black stated that putting up the shade cloth would be very hard to make fit. Mr. Black is asking the Commission to consider mitigating the issue with the homeowner and provide the visual screening or a suggested resolution. Mr. Shostrom asked for clarification on the potential of it being a permanent structure and Mr. Black said that is was never meant to be a permanent structure but that the Parks Commission would like to keep it up longer in order to hold events there, because the cost to put it up and take it down is costly. Mr. Skibby opened the discussion up for the Commission. Mr. Skibby pointed out that historically white rooftops are common in the city and noted the white dome roof on Chataqua Square. Ms. Renwick said that this is a tough decision and Mr. Whitford said the cover is not an attractive addition to the community. Mr. Swink disagreed and said that aesthetically, it's a beautiful structure and Ms. Renwick stressed that the glow from the cover at night seems pretty bad. Mr. Swink said that he is not sure that the landscaping would work, but recommended the idea of some sort of cloth (fabric) and stanchion idea (not permanent) to shield the structure from Ms. Kennedy's view. Mr. Shostrom commented that the structure could be a wind issue but Mr. Emery disagreed and said that he doesn't see it being a problem if it's not permanent. Ms. Renwick suggested that the ice rink season be cut short but Mr. Emery disagreed and sees it as more of a community value. Mr. Skibby agreed that the cover is needed but Parks and Recreation will need to take it down in a timely manner and keep the season short. The Commission emphasized not expanding the use of the rink cover to more than 4 months out of the year. Mr. Shostrom added that the glare is an issue and agrees that the shade cloth would be a good idea. Ms. Gunter impressed upon the Commission that they should focus on the design standards and the impact it would have on Lithia Park. Ms. Renwick motioned to approve PA-2014-01837, with the condition to limit skating season to five (5) months from November 1 to March 15, or the "usual" historic season. Mitigation should be achieved on City property and on the adjacent neighbor(s) property to screen the structure and the glare created. Mr. Swink seconded, no one opposed. OLD BUSINESS: There was no old business to discuss. NEW ITEMS: A. Review Board Schedule B. Project Assignments for planning actions C. Iron Mike- Ms. Gunter reported on the news article. She stated that Steve Walker, from the Water Department is going to take over the project of restoring this. Mr. Walker has been in contact with Warner Brothers and SHIPO. Iron Mike is in storage and Mr. Walker is working to get this project underway. DISCUSSION ITEMS: Mr. Skibby talked about the fountain at Chataqua Square and said that he went to the City Council meeting to address it. He says it's important to save it as it's a big part of our culture. Review Board Schedule Nov 6th Keith, Bill, Nov 13th Terry, Sam, BIII Nov 20th Terry, Allison, Bill Nov 26th Allison, Dale, Tom Dec 4th Sam, Keith, Allison COMMISSION ITEMS NOT ON THE AGENDA: Ms. Renwick said that she met with someone on the downtown beautification committee. If there is an opportunity to collaborate with them would we be interested in using some funds for the walkway/alleyway near Earthly Goods. She is asking that we consider looking into this collaboration. The Commission agreed that collaborating with this committee is a good idea and would like to further explore this opportunity. Project Assignments for Planning Actions - Review U date PA-2014-01388 107 Fork St. Eme 345 Lithia Way-Gas station conversion to retail/restaurant- PA-2014-01126 No building permit et Giordano PA-2014-00725 121 Manzanita-Under construction Whitford PA-2014-00725 469 Allison-Under construction Swink PA-2014- Swink and 00710/711 143/135 Nutley Whitford PA-2014-01283 172 Skidmore Shostrom BD-2013-00256 175 Lithia Wa - Under construction Giordano PA-2014-00251 30 S. First St. - No new permits issued Whitford PA-2014-00491 566 Fairview St. - Under construction/almost done Shostrom BD-2013-00813 374 Har adine - Under construction/almost done Swink PA-2013-01388 14 Calle Guanajuato(Sandlers) Restaurant-Under construction/almost done Renwick PA-2013-01421 270 N. First St. Nisha Jackson)- Building permits issued Renwick ANNOUNCEMENTS & INFORMATIONAL ITEMS: Next meeting is scheduled for Dec 3, 2014, at 6:00 pm. There being no other items to discuss, the meeting adjourned at 7:57 pm. Respectfully submitted by Regan Trapp CITY OF -ASHLAND Council Communication December 16, 2014, Business Meeting Contract Addendum - Evergreen Job & Safety Training, Inc. FROM: Mike Morrison, Public Works Superintendent, mike.morrisonkashland.or.us Mark Holden, Electric & IT Director, mark.holdenAashland.or.us SUMMARY A contract addendum is required to extend the contract for safety training a 3rd year. The contractor provides monthly safety training classes and job observation services for both the Public Works and Electric Departments. BACKGROUND AND POLICY IMPLICATIONS: The original 2-year contract resulted from a competitive sealed proposal (Request for Proposal) and was approved by the City Council on 12/18/2012. The contract includes the option to renew the contract annually for up to three (3) additional years for a total of five (5) years. COUNCIL GOALS SUPPORTED: None FISCAL IMPLICATIONS: Funds are budgeted each fiscal year for safety training. The cost to extend this contract for another "calendar year" (Jan-Dec 2015) will be a total of $52,355.76 (Public Works $26,487.84 and Electric $25,867.92). STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends this contract addendum to extend the contract with Evergreen Job & Safety Training be approved. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the contract addendum to extend the contract with Evergreen Job & Safety Training for another calendar year. ATTACHMENTS: Contract Addendum Original 2-Year Contract Page I of I ADDENDUM TO CITY OF ASHLAND CONTRACT FOR SAFETY TRAINING Addendum made this 4TH day of December 2014, between the City of Ashland ("City") and Evergreen Job & Safety Training, Inc. ("Consultant'). Recitals: A. On May 7, 2013 City and Consultant entered into a "City of Ashland Contract for Safety Training" (further referred to in this addendum as "the agreement"). B. The parties desire to amend the agreement to extend the date of completion and increase the compensation to be paid to Consultant. City and Consultant agree to amend the agreement in the following manner: 1. The date for completion is being extended to December 31, 2015 (year 3). This contract may be extended annually for up to three additional years for a maximum term of five (5) years 2. The compensation for 12 monthly safety training classes and job observations will be as follows. Calendar Year Electric Department Public Works January - June 2015 $2,113.39/Month $2,164.04/Month July - December 2015 (4% increase) $2,197.93/Month $2,250.60/Month Total $25,867.92 (Year 3) $26,487.84 (Year 3) 3. Except as modified above the terms of the agreement shall remain in full force and effect. CONSULTANT: CITY OF ASHLAND: BY BY Dave Kanner, City Administrator Its Date DATE 1- CITY OF ASHLAND, ADDENDUM TO CONTRACT FOR SAFETY TRAINING Contract for Safety Training p v CONTRACTOR: Evergreen Job & Safety Training -ASHLAND CONTACT: Jesse Langslet, President 20 East Main Street. Ashland, Oregon 97520 ADDRESS: 328 Ironwood Circle, Roseville, CA 95678 Telephone: 541M88-6002 Fax: 5411488-5311 TELEPHONE: 916742-1811 Cell: 916-224-0395 DATE AGREEMENT PREPARED: May 7, 2013 FAX: 916-742-1852 BEGINNING DATE: April 1 2013 COMPLETION DATE: December 31, 2014 COMPENSATION:: Public Works Electric Department APRIL 2093 to June 2013 $2,000.78/Month $1,953.95/Month July 2013 to June 2014 $2,080.81/Month $2,032.11/Month Jul 2014 to December 2014 $2,164.04/Month $2,113.39/Month SERVICES-TO BE PROVIDED: Safety Training Classes and Job Observations (crew audits) per the RFP and Evergreen's proposal attached as Exhibit C. Contract approved b Council December 18, 2012. ADDITIONAL TERMS: Contract term is two (2) years with the option to renew the contract annually for up to three additional years for a maximum term of five (5) years. Contract approved by Council 12/18/2012. This contract is being reassigned as of April 1, 2013 to the new owner of the company, Jesse Langslet, per the attached confirmation letters received from Douglas Lindstrom (previous -owner) and Jesse Langslet (new owner). Workers' Compensation insurance is being waived because Jesse Langslet does not have employees and will be providing the services himself.G initial FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of vifork within the time and financial constraints provided; (5) the' consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described ; above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be.registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be'prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of .City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wago Requirements: If the amount of this contract is $19,494 or more, Consultant is required to 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 service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen b all employees. Contract for Safety Training, Page 1 of 5 3. Inclemhffioation: Consultant agrees to defend, indemnify and save City, its officers, employees and agents ~harinless from any and all losses, claims, aptions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City!s Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice'to Consultant, or at such later date as may be established by City under any of the following conditions: L If City funding from federal,'state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the"indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or j W. if any license or certificate required by law or regulation to be held by Consultant to provide the ! services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. L Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice, ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or.under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract _pursuant to subsections a, b, or c above shelf be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to , this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as' a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liabilit _ insurance with a combined single limit, or the equivalent, of not less than Enter Contract for Safety Training, Page 2 of 5 one' $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. c. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, 11&20,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract.. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or .intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional insureds on any insurance policies required herein but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will j specify all of the parties who are Additional Insureds. Insuring companies.or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc, shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured. retentions and/or self-insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, -however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, 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 by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT ANb 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. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant 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 Consultant, with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibi'A and-herein incorporated b reference. Consultant: City of Ashland By Signaty~it~ / e artment Head E0. t ✓~y,`rG. ~~7 G;f ~~`a~. ~~i~~!i~' i~.t;rti;:fci~ Print Name Print Name 3 Title Date O t< 1 W-9 One copy of a W 9 is to be submitted with the signed contract. Purchase Order No., Contract for Safety Training, Page 3 of 5 CER i 1FICATIONS/REPRESENTP (IONS: Contractor, under. penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be 11 issued to it and (b) Contractor is riot 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, (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) 1 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 i year. (6) 1 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. ~ tractor (Date) Contract for Safety Training, Page 4 of 5 EXHI T 0 j of As h,!-!- Hang L M H s o 0 0 0 a of u-•o. . Li~ L1 11, _ I ~ o a o (ilr~,l_+ Pulp . ,I .J''. (Unpr(eases arranMORRY evevy dune 30 (by. the ; C (Dfisurrer ev pirate uncl t). I - portion of business of their, cafeteria plans (including employer, if the employer has childcare) benefits to the ten or more employees, and amount of wages received by has received financial the employee. assistance for the project or 9 For all hours worked under a business from the City of 9 Note: "Employee" does not service contract between their Ashland in excess of $19,494. include temporary or part-time employer and the City of . employees hired for less than Ashland if the contract > If their employer is the City of 1040 hours in any twelve- exceeds $19,494 or more. Ashland including the Parks month period, For more and Recreation Department. details qn applicability of this 9 For all hours worked in a policy, please see Ashland month if the employee spends ➢ In calculating the living wage,. Municipal Code Section 50% or more of the employers may add the value 3.12.020, employee's time in that month of health care, retirement, working on a project or 401K and IRS eligible our ~l Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland,or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. C, u T Y OF oS HLAS & N D Contract for Safety Training, Page 5 of 5 Evexgreen job & Safety Training, Inc. 323 Ironwood Circle Roseville, CA 95673 (916) 742-1311 (916) 742-1852 evexgreexljobandsaf ety@gn-aail,coin To: City of Ashland Attn: Karianaa Olson 90 N. Mountain Ave. Ashland, OR 97520 To Whom. It May Concern, TI-is letter serves as confirmation that I, Jesse Langslet, have purchased the business; Evergreen job & Safety Training, Inc. from its previous owner Doug Lindstrom and i took ownership on April 1, 2013. Furthermore, as the "assignee;' I am accepting all the i terms and conditions in the contract between the previous owner of Evergreen Job & Safety Training, Inc., Doug Lindstrom, and the City of Ashland for the term beginning Jantiary 1, 2013 and expiring on December 31, 2014. Sincerely" Jesse Langslet 4/25/2013 ''wT GJ~ cr r l JOB & S-A iG`~.'li "`r ` C~~~1~.01, 4~1 Dougaas J. Lindstrom Pxesident- 309 Knoch Avenue, Susaaville, California 96130 Office Phone: (530) 257-7812 Office Fax: (530) 257-8266 Home Phone: (530)'257-5657 April 3 0, 2013 Kari Olson Purchasing Representative City of Ashland, Oregon 90 N. Mountain Avenue Ashland, OR 97520 j Re: Proof of Business Sold- Dear Kari: Jesse Langslet purchased Evergreen Job & Safety Training from Douglas Lindstrom on March. 27, 2013. I hereby reassign the existing contract to Jesse Langslet, President/Owner of Evergreen Job 0 i and Safety Training. Enclosed is a notarized copy of our Purchase Agreement. Please call if you have any questions or require anything fin-ther. Sincerely, i a Douglas Linasi :om Encl.. Don~las J. Luid=ozn - Pzesideizt 309 Knoch Avenue, Susanville, Califomia 96130 Office Phone: (530) 257-7812 Office Fax: (530) 257-3266. Cell Prone: (530)'251-7743 PROPOSAL CONTENTS iritle Pa ae/Cover- Letter To: Kari Olson " Purchasing Representative City of Ashland, Oregon 90 N. Mountain. Avenue ' Ashland, OR. 97520 Fr ow: Evergreen Job & Safety Training Established in January of 2000 I Douglas Lindstrom, President 309 Knoch Avenue Susanville, CA 96.130 Ph: 530-257-78I2 Fx: 530-257-8266 Date: November 20, 2012 ' To Whom It May Concern: Evergreen Job & Safety Training would be pleased to continue to work with the City of Ashland Public Works and Electric departments, We have enjoyed working with you and are willing to accommodate your needs as set forth in the RUT'and as described in the attached proposal. We plan to continue to conduct business in a straight forward, honest, and professional manner. We appreciate the opportunity to present you with this proposal. Please call if yon have any questions. W art n Regards, ' Doug Lindstrom ' Table'2 Contents Qualifications and ]Experience p3 Public Works Safety Training Classes Timeline pot Fee Schedule p4 ~ tlectrieDeparimentClasses& 'o'bi eiine n5 i i ]fee Schedule PS Safety Training Classes Offered p6 Referenees p7 Contract Terms & Bondi ions p7 Exhibit A P8 Exhibit :f3 p9 Addendum ##1 pgs 10•-11 ' I 2 Qualifications and ]Experience Evergreen Job & Safety training is committed to providing the best possible service at a reasonable price- We prdvido an on-site safety training p]rograrn that meets NEC, APPA, Federal and State OSHA. training requirements, We have an extensive Video Library and many programs to offer as you will find below. We also offer: Accident Investigation, NRECA Accreditation Observation, Pole Climbing Training, and a Safety Programfor Office Persom el. Evergreen Job & Safety Training uses the Medic First Aid training program to teach CPR/First Aid, Bloodbome Pathogens and Automated External Defibrillation. We are also certified as a Train-the- Trainer for Medic First Aid. Other certifications we hold are: Certified Occupational Hearing Conservationist (CAOI-IC), Accredited Observer Certification, 1910.269 Train-the-Trainer Certification, Confined Space Entry Cexti-fication, and Supervisor Safety Training Certification. Instxuetor: Doug Lindstrom As an introduction, I would like to give you a little background, I have been providing Job and Safety 'T'raining services as Evergreen Job & Safety Training since.January, 2000. Prior to that, I retired from over 25 years as a lineman/foreman to work for Rtrralite Services from November, 1996 to December, 1999_ I am currently working with 15 utilities/municipalities in California and Oregon. It is this experience, in addition tb the reputation that I have developed with my other clients, that ensures ine that I can give you a quality praduct for your.investment. As your Job and Safety Training Instructor, I am prepared to conduct. one safety meeting a month for the Electric Department and one meeting a month fox the Public Works Department. The safety meetings are typically in the mornings and the ob'seivations, inspections, etc. are performed in the afEemoons. I will work with the Supervisors to- develop a course curri.euium that meets the needs of each department and law requirements. A typical meeting consists of: 1) Accidents and near misses I bring any relevant accidents I hear of in the industry. They are discussed with students and we draw whatever lessons may be leanied from. the zeal-life incidents. ,2) Lecture and discussion on selected'topic (usually involves, handouts, Poiver Point slide' shows and relevant videos) 3) Hands-on training (if requn'ed for selected topic) 4) Job Observations -1 either drop-in on jobs already in progress or go out with the crew. I record my observations looking for any hazards- or violations in a icon-threatening manlier. Discussion takes place and I try to make it a leaning experience for all involved. The observations are then typed and sent to the company with pictures. 5) Building and Grounds Inspections performed as needed or requested. I inspect the property looking for violations, safety hazards, or anything concerning. My findings are typed and sent to the company with pictures. I will supply needed training materials and my curriculum is in compliance with Org/OSHA, red/OSHA,.and NEC. A "Course Tracking Form" is filled out at each, class. The original is left with the company and I keep a copy on file in my office. Public Moils Safeiy Training Classes and Timeline: Thursday mornings 7-10am. (length varies depending on subject matter),-follotived by job observations and inspections (as required and per request): January 2012: CPR/First Aid (AM/PM Classes) February 2012: CPR%1 first Aid (AM/.PM Classes) March 2012: Hand & Portable Power Tools Apri12012: To Be Deter i_ned ' May 2012: Trench Safety/Job Observations June 2012: To Be Determined July 2012: Personal Protective Equipment/Job Observation August 2012: To Be Determined September 2012: ERP/Vault Rescue I .October 2012: Confined-Space November 2012: Emergency Action Plan' December 207.2: To Be D.etenhined Fee Schedule Twelve (12) Progams presented on one day per month. July 1, 2013 Basic Rate for up to 60 employees and twelve (12) Programs: $ 1080.81 /Proms Yearly Total at $2,080.81/ Prot am-for twelve (12) Programs: $ 24,969.72 / Year, Monthly Billing: $ 2,080.81 /Month The above rates are subject to a 4% annual increase sef forth as follows: Jiily 1, 2014 Basic Rate for up to 60 employees and twelve (12) Programs: $ 2,164.04 / Program Yearly Total at $2,164,04 / Program for twelve (12) Programs: $ 25,968.48 / Year Monthly Billing: $ 2,16.4.04 / Monfla The above rates are subject to a 4% annual increase set ford. as follows: July 1, 2015 . -Basic :Rate for uo to 60 employees and twelve (12) Programs:' 2 250.60 / Program Yearly Total at $2,250.60 / Program for twelve (12) Programs: L_27,007.02 / Year Monthly Billing: $ 2,250.60/Month Cost of additional Employee Training Materials will be discussed and agreed to between Customer and Evergreen prior to Evergreen supplying said materials, 4 Electric D j artment Classes and Timelble: Friday mornings 7am-12pm (length varies depending on subject matter), followed by job observations and inspections (as required and per request): January 2012,: CPR/.Pirst Aid February 2012: Substation Training/Job. Observation March 2012: Flagging/Job Observation April 2012: Grounding/Job Observation May 2012: Trench.Safety/Job Observation' June 2012: Capacitors/Job Observation July 2012: Meter Installation/Job Observation 'August 2012:.Personal Protective Equipment/Job Observation. September 2012: ERP/Pole Top & Bucket Truck Rescue October 2012: Confined Space/Vault Rescue INToverrrber 2012: Emergency. Action Plan December 2012: Plot Sticks & Personal Cn:ounds Testing .flee Schedule Twelve (12) Programs presented on one day per month.. . July 1, 2013 Basic Rate for 16 - 20 em Zoyees and twelve (12) Programs: $ 2,032.111 Program Yearly Total at $2,032.11/ Program fbf twelve (12) Programs: $ 24,395.32 /-Year Monthly Billing: $ 2,032.111 Month The above rates are subject to a 4% annual increase set forth as follows: July 1, 2014 Basic Rate for 16 20 eniployees and twelve (12) Programs: $ 2,113.39 / Prom Yearly Total at $2,113.39 / Program for. twelve (12) Progrdzns:• $ 25,360.68 / Year -Monthly Billing: $ 2,113.39 / Month July 1, 2015 Basic Rate for 16 - 20 emplo ees and twelve (12) )'rogiams: $ 2,197.93 /Program Yearly Total at $2,197.93 / Program for twelve (12) Programs: $ 26375.16 / Year Monthly Billing: $ 2,197.93 /Month Cost of additional Employee Training Materials will be discussed and agreed to between Customer and Evergreen prior to Evergreen supplying said materials. Safety Trainina Classes/A11 Classes We Offer for Public Works and Electric Departments GENERAL SAFETY 7C'ECHMcCA L TRAINING 1. Electric Power Generation, Transmission I. Fault Current & Distribution 1910.269 (23 subjects). 2. Voltage Regulators & Controls 2. Personal Protective Equipment (PPE) 3. Rigging 3. Electrical Burns 4. Systems Protection -/1 Workplace Violence 5. Meter Setting ~'c installation 5. Attitude & Safety Motivation 6: Transformer Connections i 6. First Aid / CPR Care Plus -Adult / Child / Infant 7. Capacitors/Application & Installation 7. • First Aid i CPR - Adult S. Unclerground/Grounding 8. Bloodborne Pathogens 9. Personal Grounds Testing 9. Ergonomics 10. Emergency Response Procedure (Pole Top 1.0. Back Safety ReseueBucltet Truck Rescue/Vault Rescue) 11, Electrical Safety (General) 11. Substation Safety 12. Job Safety Observation 12. Switching Procedures 13. Flagging 13. Bucket Trucks/Trouble Shooting 14. Confined Space Permit Required Training 14. Insulation & Grounding 15. Hand & Portable Yower Tools 15. Live Line Tools & Maintenance 16. Mock OSHA Inspections. 16. Lightning Arrestor Training 17, Loss Control 17. Excavation/Backhoe Safety 18. Safety Accreditation Assistance I8. Electrical Burns 19. Housekeeping (Trucks / Inside) 19. Boom Truck & Crane Safety 20. Rubber Gloving 20. Hot Stick & Personal Grounds Testing 2I. NESC (1997 Edition) (Annual) 22. Accident Investigation 23. •Chainsaw Safety 24. Powered Industrial Truck j 25. Hazard Recognition 26. Hazard. Assessments on Site • 27. Safely & Job Bricag 28. Eye Safety 29. Dog Bite Preyenlion 30. Tree Umming - (non-qualified / 7 subjects) 31. Tree Trimming - (qualified) 32. Fiber Optic Training 33. Stretching Program 34. Automated External Defibrillation Training 6 References The City of Healdsburg Contact: Todd Weismann Office: (707) 431-3341 City of Ukiah Contact: Collin Muiphy office: (707) 467-2971 City of Ashland Electric Contact: Dave Tygerson Office: (541) 552-2307, Columbia Power Cooperative Contact: Randy Sweak Office: (541) 934-2311 Direct: (541) 934-2743 Midstate Electric Contact: Steve Hess .Office: (541) 536•-7239 Contract Terms and Conditions Evergreen Job and Safety Training accepts the contract terms and conditions except far item 14d. We offer to sign a declarkdon,stating our vehicle is not used to perkini work fox the City of Ashland- Our vehicle only provides transportation for the instructor to your facility. It is then paiked while services are provided. Additional automobile liability insurance is not required fai the type of services that we provide. Evergreen Job and Safety Training also declares that it is eligible to pai ticipate in public procurement activities. We have-never been debarred, suspended, disqualified or otherwise lawfully precluded from participating in any public procurement activity. 7 JEX][RBltT A Request for Proposals SAFETY TR I ING Proposal .Form The undersigned proposer submits this proposal in response to the City's Request for Proposals (RFP) for Safety Training', released on Octobe 25, 2012. The proposer wauraufs thatproposer has carefully reviewed the RFP and That this pzcposal represents 'proposer's full response to the requirements described in the RFP. The proposer further warrants that if this proposal is adcepted, the proposex will contract with the City,. agrees to the'terms and conditions found in the attached . contract and RFP or has submitted terms and conditions acceptable to the City, and will provide all necessary labor, materials, equipment, and ofller means required to complete the work in accordance with the requirements of the RFP and contract documents. The proposer hereby acknowledges the requirement to carry or indicates the ability to obtain the insurance required in the contract. Indicate in the affirmative by initialing here: , i The proposer hereby acknowledges receipt of Addendum Nos. ,]el_,-___,_,_ to'this RFP. p 1 1G~$ , v c~~5 ~LF® d''~ Name of Proposer: Business Address: Y1 0 G 11 CA '76' ' G~ 11 Telephone. Number: - S 3 yR,'r 6-1 :Fax Number: ® Email Address: Cj 0 0o~7 G.f Authorized Signature: I'rinted/T ed Name: O 01 c) a ,S > S rU Title: ple S a~ -r- /J: 157~ 1~ p Date: o~- POP - Safety Training (Onsite for Public Works & Electric Utility Departments). 1 IEXi 1H[IBIT B. Certificate of Compliance - Compliance with Oregon Tax Laws: In compliance with OAR 137-047-0260(2)(e), I hereby attest or affirrra. Wider penalty of perjury: That I am authorized to act on behalf of the proposer irn this matter, that I have authority and knowledge regarding the payment of taxes, and that contractor is, to the best of my knowledge, not in violation of any Oregon Tax Laws, as defined in ORS 305.380. Compliance with Nondiscrimination Laws: Iii compliance with ORS 279A.110(4), OAR 137•-046-0210(2) and OAR 137-047-0260(2)(a)(E), I hereby attest ox affim under penalty of perjury that I am authorized-to act on behalf of proposer in this :matter, and to the best of any knowledge the proposer has not discriminated and will not discriminate, in violation of ORS 279A.110(1), against a minority, women or emerging small' business enterprise certified under ORS 200.055 or against a business enterprise that is gwiied or controlled by or that employs a disabled veteran as defined in ORS 408.225 in obtaining a required subcontract, Corporate Officer: By: otJ ignatuxe 06.0 61 5 -Print Name • Title:/~ S ~ ~ dr .s c-~Ol' Date: f 4a0 I RFP -Safety Training (Onsite for Public Works & Electric Utility Departments) ~a Request for Proposal SAFETY TRAINING ADDENDVM #1* • i The purpose of this addend-urn is to provide additional infonnation and answers to'questions that have been received in response to this RFP. udstion: Is it okay to present full day classes, or is there a preference to present half day " sessions? (ie: I class over 2 days) Answer: Public Works -1-2 Hour training sessions are preferred. Electric Utility - Meetings should be kepi: to under two hours. Certain rnatexial may require a longer schedule, howevek it should be limited when possible. uestiozi:.- PW-Boom.Txuok/Crane Safety-Do you have thernake/model or pictures of the equipment? Answer: Public Works - There are no boom trucks in the Public Works fleet: Cxanes V4 to 1/2 ton jib hoist cranes and trolley cranes up to 4 tons Question- Electrical - Boorn Buck/Crane Safety -Do you have the make/model or pictures of the equipment? Answer: 1998 Freightliner FL90 20.03:1uternational 4300, LRV55 Altec, 2000 Ford E350 w/Altec A200SV 2003 Ford F550 w/AItec AT 37G 2005 Ford F-550 Altec AT37G 2008 International Line Truck 2011 International Line Truck I es"tion: Job Observations - Is this for behavioral purposes or job hazard analysis? Answer-: Public Works -Both . i Electric. Utility - Hazard Analysis Question: What level of training is required (initial level, awareness level, -or refresher level)? Axnstiver: Public Works - 90% Refiesher, 10% Initial for new.hires :Electric Utility - Awareness and refresher unless we have a new hire they may need initial. (i.e. r'lagger certification) RFP - Safety Training, Addendum #1 ~G E 10 Additional information: Late proposals will not be, considered.' No exceptions. It is recoj ended that you request available delivery options for the City of Ashland and verify that your method of shipment will arrive prior to the due date and time. The, following Workers' Compensation extraterritorial reciprocity information map is j being provided as additional information. -If the successful proposer has employees, Workers'' 'Compensation insurance will need to be maintained during the teen of the contract. United States exLrat, errrit orrW reciprocity information map Last updated: 8•-21-12 I d wi~ ~tY 7~~`•. r .'~'1~..~ 1' Al Pie1lri"_/11 AT ~ ~ ~'N+r!' µ4 'r~t At ~ ,1~~~'( ]~,~Y ,1' ~ ~T 1G yell-LLY~~\\11.w1 ~r{ • , ~ f ~1ti ~ . . r;IpFP1~~~ Y 1\ ~ ~ 1rr~ y- ~ t{ "iii 1~ DC:7b Not I7aCtorrrrxi . http;ZLwww.cbs.state.oi-.us/.wcd/com pliance/ecu/etmap.html Please review, sign, and return this addendum with the RFP documents. I acknowledge receipt of ADDENDUM #l. -Signed by: Date: P-0 Printed name: Oovj r<a,S L 4r s+l-d l,-~?. Title: ~ie5J'e ~ rr~~4-vY- Firm: oe er, a T-r ~ "I i RFP- Safety Training, Addendum ~I f ` CITY OF -AS H LAN D Council Communication December 16, 2014, Business Meeting Liquor License Application for SOM dba Happy Bowl FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Recommendation of a Liquor License Application from SOM dba Happy Bowl at 1401 Siskiyou Blvd #3 BACKGROUND AND POLICY IMPLICATIONS: Application is for new license. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the City's land use, business license and restaurant registration requirements (AMC Chapter 6.32). In May 1999, the Council decided it would make the above determination on all liquor license applications. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Endorse the application with the following: The City has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. In addition, this application has been reviewed by the City of Ashland Police Department. The City Council recommends that the OLCC proceed with the processing of this application. SUGGESTED MOTION: Under consent agenda item, a motion to recommend liquor license for SOM dba Happy Bowl ATTACHMENTS: LL Application Page 1 of 1 OREGON LIQUOR CONTROL COMMISSION LIQUOR LICENSE APPLICATION Application is being made for: CITY AND COUNTY USE ONLY LICENSE TYPES ACTIONS Date application received: 0 Full On-Premises Sales ($402.60/yr) 13 Change Ownership Commercial Establishment M New Outlet The City Council or County Commission: Caterer Q Greater Privilege © Passenger Carrier [3 Additional Privilege (name of city or county) 0 Other Public Location 0 Other 13 Private Club recommends that this license be: Limited On-Premises Sales ($202.60/yr) ❑ Granted ❑ Denied Off-Premises Sales ($1001yr) By: ©with Fuel Pumps (signature) (date) ID Brewery Public House ($252.60) Name: Winery ($250/yr) ® Other: Title: 90-DAY AUTHORITY Check here if you are applying for a change of ownership at a business OLCC USE ONLY that has a current liquor license, or if you are applying for an Off-Premises Application Redd by: Sales license and are requesting a 90-Day Temporary Authority APPLYING AS: Date: (D • 2• ( 4 OLimited 13Corporation 13 Limited Liability ®Individuals Partnership Company 90-day authority: ❑ Yes Z'No 1. Entity or Individuals applying for the license: [See SECTION 1 of the Guide] (D a_*jnQ (A 2. Trade Name (dba): a n.n 1 C+ 1r_?I~••- 3. Business Location: 144 0 1 !51 S Q u Gt 3(-U7 3 A4-i 666 d S°~Q (number, street, rural route) (city) (county) (state) (ZIP code) 4. Business Mailing Address: SGtitr>~ G _ (PO box, number, street ural route) (city) (state) (ZIP code) 5. Business Numbers: (phone) (fax) 6. Is the business at this location currently licensed by OLCC? Byes HNo 7. If yes to whom: Type of License: 8. Former Business Name: 9, Will you have a manager? ZYes 13No Name:_ yNc>Z NACfe- y1~ (manager kOst fill out an Individual History form) 10. What is the local governing body where your business is located? 0Q.._ (name of city or county) 11. Contact person for this application: 5O'er Cam-! S4 /-~ZL- T-2 (name) (phone number(s)) Q E,!p LA (address) (fax number) (e-mail address) 1 understand that If my answers are not true and complete, the OLCC may deny my IeSe'.fip'r Applicant(s) Signature(s) and Date: © 1 Date 15 OO SEP 1 NfW ® Date ® r p teE.,,-F" 1-800-452-OLCC (6522) • www.oregon.gov/oicc CITY OF ASHLAND Council Communication December 16, 2014, Business Meeting Liquor License Application for Jeff Chase dba Ashland Valero FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Recommendation of a Liquor License Application from Jeff Chase dba Ashland Valero at 2495 Ashland Street. BACKGROUND AND POLICY IMPLICATIONS: Application is for change of ownership. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). In May 1999, the Council decided it would make the above determination on all liquor license applications. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Endorse the application with the following: The City has determined that the location of this business complies with the City's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. In addition, this application has been reviewed by the City of Ashland Police Department. The City Council recommends that the OLCC proceed with the processing of this application. SUGGESTED MOTION: Under consent agenda item, a motion to recommend liquor license for Jeff Chase dba Ashland Valero. ATTACHMENTS: LL Application Page I of I ~r, OREGON LIQUOR CONTROL COMMISSION LIQUOR LICENSE APPLICATION Application is being made for: CITY AND COUNTY USE ONLY LICENSE TYPES ACTIONS Date application received: 0 Full On-Premises Sales ($402.60/yr) KChange Ownership 0 Commercial Establishment Q New Outlet The City Council or County Commission: Caterer Greater Privilege Passenger Carrier © Additional Privilege (name of city or county) Other Public Location Other recommends that this license be: Private Club ❑ Granted O Denied []Limited On-Premises Sales ($202.60/yr) NOff-Premises Sales ($100/yr) By: (with Fuel Pumps (signature) (date) Q Brewery Public House ($252.60) Name: Q Winery ($250/yr) Other:,_~ _ Title: 90-DAY AUTHORITY OLCC My Check here if you are applying for a change of ownership at a business that has a current liquor license, or if you are applying for an Off-Premises Application Re ' Sales license and are requesting a 90-Day Temporary Authority Date: ®Z ~C APPLYING AS: QLimited Corporation ® Limited Liability []Individuals Partnership Company 90-day authority: ❑ Yes El No 1. Entity or Individuals applying for the license: [See SECTION 1 of the Guide] T ;try LtA 03 2. Trade Name (dba):_ 3. Business Location: %4 cts ~S~r. ~1 S~- (J1S~~g ►,r~ ! (number, street, rural route) (city) (county) (state) (ZIP code) -7 f 4. Business Mailing Address: l j` ~S~UULa nadlQ 1. ux Kea ~t (,5 912 cl 01 (PO box, number, s reet, rural route) (city) (state) (ZIP code) 5. Business Numbers: 54i '7 J~(C` V (phone) (fax) 6. Is the business at this location`` currently licensed by OLCC? %Yes Rio 7. If yes to whom: Qt ~prrk~ 1F 'r fe1!5g4 Type of License: (!At !S ~ 8. Former Business Name:_ eX1~5 9. Will you have a manager?' ]Yes []No Name: 2V. F LZeAo~ (manager must fill out an Individual History form) 10. What is the local governing body where your business is located?`rbJ'\Axi ,A_ (name of city or county) 11. Contact person for this application: o\.\ C ~cti~o 041- $$7- 89Z1 (name) (phone number(s)) '2541 ~5$?-005-71'c ~ lt.~Has 4~~dts4,~~ Cam (address) T (fax number) e- ail address) I understand that if my answers are not true and complete, the OLCC may deny my license jppl4c ipnsr Applicants nat E s) d ate: ` tD Date O fey n 2014 T Date ~~fFx z 00L Ors w onn Ati7 n (I(' rFV,99i . www.oreadn.at/olcc CITY OF ASHLAND Council Communication December 16, 2014, Business Meeting A Resolution Adopting a Supplemental Budget and Increasing Appropriations within the FY 2013-2015 Biennium Budget FROM: Lee Tuneberg, Administrative Services/Finance Director, tuneberl@ashland.or.us SUMMARY An additional amount beyond the current budget is available from the Department of Housing and Urban Development to reimburse administrative time spent on the Community Development Block Grant Fund program. A supplemental budget is needed to recognize the grant funds and adjust Personal Services in the CDBG Fund. BACKGROUND AND POLICY IMPLICATIONS: There are three ways in which to change appropriations after the Budget is adopted. 1. A transfer of appropriations decreases an appropriation and increases another. This is the simplest budget change allowed under Oregon Budget law. This does not increase the overall budget. This is approved by a City Council resolution. 2. A supplemental budget of less than 10 percent of total appropriations within an individual fund follows a process similar to the transfer of appropriations. This process includes a notice in the paper prior to Council taking action. 3. A supplemental budget in excess of 10 percent of total appropriations requires a longer process. This process includes a notice in the paper and a public hearing prior to the council taking action. The proposed resolution identifies and authorizes increased appropriations (Item 42 above) in the following funds: Community Development Block Grant Fund $6,933 TOTAL APPROPRIATIONS FROM SUPPLEMENTAL $6,933 FISCAL IMPLICATIONS: Supplemental Budgets are an accepted means to adjust the budget recognizing the need for additional appropriations. In most cases the primary cause for a supplemental budget is unanticipated revenue that is beneficial to spend in the current year. Sometimes an internal loan is needed to create appropriations to achieve an unanticipated benefit or to provide cash for unforeseen shortfalls. Council action will increase the total budget as indicated by the resolution. Doing so is within the limitations of Oregon Budget Law and provides compliance when meeting the identified needs. Page 1 of 2 r`, CITY OF -ASHLAND Per the attached memo an additional amount is available to the city from the Department of Housing and Urban Development to pay for administrative costs. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council approve the proposed resolution. SUGGESTED MOTION: I move to adopt a resolution titled "A Resolution Adopting a Supplemental Budget Increasing Appropriations within the 2013-2015 Biennium Budget" as presented. ATTACHMENTS: Proposed Resolution 2014- - Adopting a Supplemental Budget Supplemental Budget Request Memo - Community Development Legal Notice of a Supplemental Budget Page 2 of 2 r, RESOLUTION NO. 2014- A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET INCREASING APPROPRIATIONS WITHIN THE 2013-2015 BIENNIUM BUDGET Recitals: ORS 294.480 permits the governing body of a municipal corporation to make a supplemental budget for the fiscal year for which the regular budget has been prepared under one or more of the following reasons: a. An occurrence or condition which had not been ascertained at the time of the preparation of a budget for the current year which requires a change in financial planning. b. A pressing necessity which was not foreseen at the time of the preparation of the budget for the current year which requires prompt action. c. Funds were made available by another unit of federal, state or local government and the availability of such funds could not have been ascertained at the time of the preparation of the budget for the current year. d. Other reasons identified per the statutes. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Because of the circumstances stated below, the Mayor and City Council of the City of Ashland determine that it is necessary to adopt a supplemental budget, establishing the following additional appropriations: Community Development Block Grant Fund Appropriation: Personal Services $6,933 Resource: Intergovernmental Revenues $6,933 To appropriate an additional funds from the Department of Housing and Urban Development (HUD) for additional administration costs. TOTAL ALL FUNDS 6 933 6 933 SECTION 2. All other provisions of the adopted 2013-2015 BIENNIUM BUDGET not specifically amended or revised in this Supplemental Budget remain in full force and effect as stated therein. Page 1 of 2 SECTION 3. This resolution was duly PASSED and ADOPTED this day of December, 2014, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of December, 2014: John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 2 of 2 CITY OF ASHLAND Memo TO: Lee Tuneburg, Administrative Services Director FROM: Bill Molnar, Community Development Director DATE:. November 18, 2014 RE: Community Development Block Grant Supplemental Budget Request The City of Ashland is an annual recipient of Department of Housing and Urban Development (HUD) Community Development Block Grant funds. The CDBG program allows the City to apply up to 20% of the annual grant amount toward administrative costs associated with the CDBG program including staff time, travel and training costs, and supplies. CDBG Admin funds budgeted (Acct#s 250.09.00.00.520100-.520400) The City submitted a proposed budget CDBG Personal Services costs based on grant estimates from prior years as follows: FY14 = $30,550; FY15 = $30,550 Combined for the biennium this allocation anticipated, and budgeted for, $61,100 in funds that would be available for CDBG administration over the biennium. CDBG Admin funds available The actual award of CDBG funds has been higher than anticipated in each of the two covered Fiscal Years, and therefore the 20% administrative allowance is also increased as follows: FY 2013-14: CDBG allocation $169,591 * 20% _ $33,918 admin cap FY 2014-15: CDBG allocation $170,078 * 20% = $34,015. admin cap CDBG Personal Services administrative allocation available over the two year biennium = $67,933 CDBG Admin funds spent FY 2013-14: _ $33,918 (Drawn June 2014) FY 2014-15: (not yet drawn down - to be $34015) In order to realize the reimbursement of the remaining grant funds available in the current fiscal year, a budget amendment is needed from Council to increase the CDBG Personal Services amount by $6933. This supplemental budget amendment will enable the City to spend the eligible $34,000 on CDBG inistration this year (FY 15) due to the award of higher annual CDBG allocations than was origi y anticip ed. Bill Moln , Community Development Director Public Notice of Supplemental Budget A resolution adopting a supplemental budget for the City of Ashland, Jackson County, State of Oregon, for the biennium July 1, 2013 to June 30, 2015, will be considered at the Civic Center, 1175 East Main Street, Ashland, Oregon as part of the City's regular business on December 16, 2014, at 7:00 p.m. A copy of the supplemental budget document may be inspected or obtained on or after December 9, 2014, at the Administrative Services Department, 20 East Main, Ashland, Oregon 97520 between 8:30 a.m. and 4:30 p.m. A summary of the supplemental budget is presented below. Community Development Block Grant Fund Resources Requirements Intergovernmental Revenues $ 6,933 $ 6,933 Personel Services $ 6,933 $ 6,933 To recognize the reimbursement in FY 2014-15 in intergovernmental revenue of $6,933 in additional Housing and Urban Development funds for administrative costs in this budget period. TOTAL ALL FUNDS Resources Requirements $ 6,933 $ 6,933 CITY OF -ASH LAN D Council Communication December 16, 2014, Business Meeting Special Procurement for the purchase of one Aerial Lift Bucket Truck FROM Stu Wilkie, Fleet Maintenance Supervisor, stu.wilkiegashland.or.us Mark Holden, IT & Electric Director, mark.holdengashland.or.us SUMMARY The Fleet Division is scheduled to replace a 2000 Ford E-350 van style bucket truck used by the City Electrician with a 2015 Ford F-450 Cab and Chassis with Altec Service Body and Altec Model AT30- G Aerial with Insulated Lift Bucket Truck. Staff intends to purchase this vehicle from Altec Industries, NJPA Contract #031014-ALT. NJPA (National Joint Powers Alliance) has a cooperative contract with Altec Industries that is available for use by local governments. The cost of the specified vehicle is $82,223.00. BACKGROUND AND POLICY IMPLICATIONS: The City's electrician currently utilizes a van style bucket truck that is scheduled for replacement in FY 2014 -2015. In lieu of the van style bucket truck, the industry is currently building these dual rear wheeled vehicles with service bodies for additional stability, storage capability and safety. This service body and aerial lift style bucket trucks will enable the City's electrician to perform work safely and efficiently. In addition, this vehicle will have an insulated boom and bucket to protect the operator and bystanders while working near high voltage. A Special Procurement is used for the purpose of seeking an exemption from the competitive bid process, custom designing a contracting approach, or the direct selection or award of a public contract or for a series of contracts. The completed Special Procurement, Approval Request Form is attached for your review and consideration. AMC 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model Rules except for the following: G. Special Procurements - a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 27913.055, 27913.060, 27913.065, 279B.070. The contracting approach may be custom designed to meet the procurement needs. 1. Special procurements shall be awarded in accordance with ORS 279B.085 and all other applicable provisions of law. Page 1 of 2 ~r, CITY OF -ASH LAN D COUNCIL GOALS SUPPORTED: None FISCAL IMPLICATIONS: The amount budgeted for this vehicle is $70,000.00. The difference between the budgeted amount and actual price is $12,233.00. The two Electric wire reel trailers scheduled for replacement at $40,000 and $62,000 will be deferred until the next biennium budget. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the "Contract-specific Special Procurement" be approved. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the Contract-specific Special Procurement for the purchase of one Altec aerial with insulated lift bucket truck. ATTACHMENTS: 1. Form #9, Special Procurement, Request for Approval and Written Findings 2. NJPA Request for Proposal (RFP) #031014-ALT, Daily Journal of Commerce Affidavit of Advertisement, and RFP Evaluation Review 3. Altec Industries NJPA Quote Number: 268967-1 Page 2 of 2 Fes, CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Stu Wilkie, Fleet Safety Supervisor Date: December 16, 2014 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Electric Department 2. Department Contact Name: Stu Wilkie -PW Fleet Safety Supervisor 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From: Order to be placed upon Council approval To: 270-300 Days ARO 5. Total Estimated Cost: $82,223.00* *The amount budgeted for this vehicle is $70,000.00. The difference between the budgeted amount and actual price is $12,233.00. The two (2) Electric wire reel trailers scheduled for replacement at $40,000 and $62,000 will be deferred until the next biennium budget. 6. Short title of the Procurement: Altec Model AT30-G Aerial with Insulated Lift Bucket Truck Supplies and/or Services or class of Supplies and/or Services to be acquired: The Fleet Division intends to purchase one (1) Ford F450 Cab and Chassis with Altec Service Body and Altec Model AT30-G Aerial with Insulated Lift Bucket Truck 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: The City's electrician currents utilizes a van style bucket truck that is scheduled for replacement in FY 2014 -2015. In lieu of the van style bucket-truck, the industry is currently building these dual rear wheeled vehicles with service bodies for additional stability, storage capability and safety. This service body and aerial lift style bucket trucks will enable the City's electrician to perform work safely and efficiently. In addition this vehicle will have an insulated boom and bucket to protect the operator and bystanders while working near high voltage. Form #9 - Special Procurement - Request for Approval, Page 1 of 3,1219/2014 Proposed procedure: Staff is seeking an exemption from the competitive bid process to utilize the cooperative NJPA Contract #031014-ALT with Altec Industries to purchase one (1) Ford F450 Cab and Chassis w/Altec Service Body and Altec Model AT30-G Aerial with Insulated Lift Bucket Truck. NJPA conducted a formal competitive proposal process and advertised in print and online Daily Journal of Commerce within the State of Oregon (Per page 1 of RFP #031014 and Affidavit of Advertisement.) National Joint Powers Alliance (NJPA) was created by the State of Minnesota as a Service cooperative to service any agency of the State of Minnesota or the United States. The NJPA allows members of the NJPA to piggyback on NJPA contracts. NJPA contracts give local governments nationwide access to volume purchasing and discounts. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Utilizing this NJPA cooperative contract will allow the City to purchase the vehicle that will best serve the needs of the Electric Department and receive the benefits of volume purchasing discounts. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X_ (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: The NJPA competitive proposal solicitation was advertised in print and online Daily Journal of Commerce within the State of Oregon. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and X (b)(i) will result in substantial cost savings to the contracting agency or to the public because: NJPA contracts give local governments' nationwide access to volume purchasing and discounts. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or X (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 27913.055, 27913.060, 27913.065, or 27913.070, or any rules adopted thereunder because: Safety factors and work efficiency are of utmost importance. This vehicle will provide a safe and reliable vehicle for City employees to perform their job duties in a safe and efficient manner. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement - Request for Approval, Page 2 of 3,12(9/2014 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us - li) cemher i 2o14, it gpproved hi- ('0nnoil PUBLIC NOTICE Approval of a Special Procurement First date of publication: [Decerrrber 17, 2014, if approved by Council] A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on [Decernber° 16, 2014, i1 approved by Comicil]. This Contract-specific Special Procurement is for the purchase of one (I ) Ford F-450 Cab and Chassis with Altec Service Body and Altec Model A"1,30-G Aerial with Insulated Lift Bucket Truck. The City intends to purchase the aerial lift bucket truck from Altec Industries, Inc. Altec Industries, Inc. was awarded the NJ PA National Cooperative Contract for Public Utility vehicles. NJPA cooperative contracts are competitively bid and give local governments' nationwide access to volume purchasing discounts. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 27913.055, 279B.060, 27913.065, or 27913.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Kari Olson, 90 N. Mountain Avenue, Ashland, OR 97520. The seven (7) protest period will expire at 5:00pm on [December 24, 2014, if posted December 17, 20141 This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement- Request for Approval, Page 3 of 3,1219/2014 National Joint Powers Alliance Altec Industries, Inc. Page 1 of 1 i' i Home > National Cooperative Contract Solutions >Contracts - Fleet >Public Utility & Airport Equipment > Altec Industries, Inc. FIN j AWARDED; Altec Industries, Inc. '.rnAc(5N A r o Contracts: 031014-ALT Category: Public Utility & Airport Equipment Overview Description: Aerial Lifts, Cranes & Chippers Maturity Date: 04/10/2018 Contract Documentation Altec Industries, Inc. is the world's leading manufacturer of aerial lifts, digger derricks and specialty equipment for Pricing the electric utility, telecommunications, tree care and light and sign maintenance industries. Altec has Marketing Materials manufacturing, sales and service facilities located throughout North America and sells and services equipment in over 120 countries. In addition to sales and service, Altec offers operator training, and a host of auxiliary services NIPA Contact Information that include used and rental equipment, and equipment financing. HOW TO PURCHASE i Our step,by-step guide, Altec Green Fiegt Vendor Contact Info Elana Martinez Direct Phone: 205-995-4862 Aftec Products Rana. marti nez(8altec.com www,altec.com Cullen Bull Introduction Video Direct Phone: 205-222-0132 sullen, uti0altec.com www.altec.com 3 I hq://www.njpaCoop.Org/national-cooperative-contract-solutions/contracts-fleet/public-utility-airport-equip... 12/9/2014 AFFIDAVIT OF PUBLICATION DJC UMCIA , 921 S.W. Washington St Suite 210 / Portland, OR 97205-2810 (503) 226-1311 STATE OF OREGON, COUNTY OF MULTNOMAH-ss. f, Kristine Humphries , being first duly sworn, depose and say that I am a Production Manager of the Daily Journal of Commerce , a newspaper of general circulation in the counties of CLACKAMAS, MULTNOMAH, and WASHINGTON as defined by ORS 193.010 and 193.020; published at Portland in the aforesaid County and State; that I know from my personal knowledge that the Goods and Services notice described as Public Utility Equipment with Related Accessories, Supplies & Services National Joint Powers Alliance; Bid Location Staples, MN, Todd County; Due 0311012014 at 04:30 PM a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for 1 time(s) in the following issues: 1/27/2014 NATIONAL JOINT POWERS i ALLIANCE0 PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES, SUPPLIES State of Oregon AND SERVICES Propsoals duo 4:30 pm, Mar. I o County of Multnomah REQUEST FOR PROPOSALS I The National Joint Powers Aufance® (NJPA), on behalf of NJPA and Its SIGNED OR ATTESTED BEFORE ME current and potential Member agencies to ON THE 14th DAY OF May, 2014 include all Government, Higher Yr Education, K12 Education, Non-Profft, Tribal Government, and all other Public Agencies located nationally In all Mry states, Canada, and Irdematlonally, Issues this Request For Proposal (RFP) to result In a national contract solution for Kristine Humphries the procurement of PUBLIC UTLITY EQUIPMENT WITH RELATED ACCES. ' SORIES. SUPPLIES AND SERVICES. Details of this RFP are available beginning January 27, 2014 and continuing until March 3, 2014. Details Public-State of may be obtained by letter of request to Notary Oregon Maureen Knight, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFPmnlpacoo . OFFICIAL SEAL org Proposals wlll be received unrtil March JOSHUA K COATES 10, 2014 at 4:30 pm. Central Standard )TARP PUBLIC - OREGON Time at the above address and opened COMMISSION NO, 453647 I March 11, 2014 at SbD A.M. Centel j MY COMMISSION EXPIRES NOVEMBER 07, 2014 j Standard Time. Please see who this pertains to here: h1tp:/Avww.njpacoop. orgIoregon-advertising Published Jan. 27, 2014. 10464475 Ginger Line Order No.: 10484475 National Joint Powers Alliance Client Reference No: PO Box 219 Staples, MN 56479-0219 0~6ANIatNT 6 ~+iy Q, NJ PA COMMENT AND REVIEW To the REQUEST FOR PROPOSAL (RFP) #031014 Entitled PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES The following advertisement was placed in the Minneapolis, MN Star Tribune on January 27, 2014 and February 3, 2014 and Oregon's Daily Journal of Commerce on January 27, 2014, The Salt Lake Tribune on January 27, 2014 and on the NJPA website www_nioacooo.ore, Onvia website www.onvia.com, Notice to Bidders website www.noticetobidders.com PublicPurchase.com, Merx and Biddingo: The Notional Joint Powers Alliance m (N)PA), on behalf of NJPA and its current and potential Member agencies to include all Government, Higher Education, K12 Education, Non-Profit, Tribal Government, and all other Public Agencies located notionally in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) j to result in a national contract solution for the procurement of PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES. Details of this RFP are available beginning January 27, 2014 and continuing until March 3, 2014. Details may be obtained by letter of request to Maureen Knight, NJPA, 20212th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@niAacoon.orp. Proposals will be received until March 10, 2014 at 4:30 p.m. Central Standard Time at the above address and opened March 11, 2014 at 8:00 A.M. Central Standard Time. I RFPs, were requested from and distributed to: Altec Industries Felling Trailers Genie Industries, Inc. Gradall Industries Jacobsen, Inc. Aries Idustries, Inc. Bandit Industries, Inc. Bid Ocean, Inc. Brush Hawg Clyde West Inc. Cundiff Engineering, Inc. Ditch Witch DJC Project Center ETI Gaithersburg Equipment Company GreenTech Automotive Hol-Mac Corp./Pac-Mac Ingram Equipment Co., LLC Kalyn Siebert Ken's Truck Repair, Inc. Material Flow & Conveyor Systems, Inc. NexLight Lighting Controls Northrop Grumman Information Systems Palfinger North America Patriot Resources Systems LLC PipeHunter Power Equipment Company Preview Radar Systems Progressive Innovations LLC R.S. Technical Services Inc. Somerset Welding & Steel Thompson Pump & Manufacturing Co. Venture Products, Inc. Wacker Neuson Sales Americas LLC 20212MStreet NE + P.O. Box 219 9 Staples, MN 56479 + www.njpacoop.org Bids were opened on March 11, 2014 at the NJPA offices located at 202 12th Street Northeast in Staples, Minnesota 56479. Bids were received from the following: Altec Industries, Inc. Aries Industries, Inc. Bandit Industries, Inc. Ditch Witch (The Charles Machine Works Inc.) Felling Trailers, Inc. Gradall Industries, Inc. Hot-Mac Corporation J & J Truck Bodies & Trailers (Somerset Welding & Steel Inc.) Ken's Truck Repair, Inc. Northrup Grumman Nu-Life Environmental, Inc. Progressive Innovations LLC Thompson Pump & Manufacturing Co., Inc. Venture Products, Inc, Bids were reviewed by the Proposal Evaluation Committee consisting of: Ginger Line, CPPB, NJPA Contract Specialist Gregg Meierhofer, CPPO, NJPA Bids and Contracts Officer Tracy Plinske, NJPA Contract Specialist Keith Hanson, CPA, NJPA Accounting Manager Maureen Knight, BBA and JD, NJPA Contracts and Compliance Manager The findings of the Proposal Evaluation Committee are summarized as follows; The Proposal Evaluation Committee used the established NJPA RFP evaluation criteria and determined that J & J Truck Bodies & Trailers (Somerset Welding & Steel Inc.) did not meet level One Responsiveness but all other responders did met Level One Responsiveness and Level Two Responsiveness. Venture Products, Nu- life Environmental, Inc. and Aries Industries, Inc. were all deemed out of scope of this RFP. Altec Industries, Inc. offered a large sales and service force and is very established within the industry. They offered competitive pricing and a large product line including aerial and derrick devices on chassis. Bandit Industries, Inc. offers quality stump grinders, chippers and horizontal grinders. They demonstrated a large sales and service force to meet our member's needs at a competitive price. Ditch Witch (The Charles Machine Works) offered a competitive discount and strong sales and service force with over 122 branches that sell their products. They offered trenchers, plows, and backhoes. Felling Trailers, Inc. has a large competitively priced product line which has a sales and service force with over 200 dealers. They offered trailers of all varieties and demonstrated industry success and experience. Gradall Industries, Inc. has a good prior performance record and offered a unique product line of crawler units, mobile excavators and attachments. 202 12-Street NE • P.O. Box 219 • Staples, MN 56479 9 www.njpacoop.org Hol-Mac Corporation is awarded a contract for their high quality knuckle boom loaders. The garbage bodies and trailers portion of their response were deemed out of scope. They offered competitive pricing and demonstrated strong industry presence and success. Northrup Grumman offered meter reading solutions with accessories and support for our members. They also offered competitive pricing. Thompson Pump & Manufacturing, Inc. offered great pricing, and a large sales and service force. They also offered a unique product line of trash pumps, well point pumps and high pressure pumps. For these reasons the NJPA Proposal Review Committee recommends award of NJPA #031014 to Altec Industries, Inc. 031014-ALT Bandit Industries, Inc. 031014-BAN The Charles Machine Works, Inc. 0310141CMW Felling Trailers, Inc. 031014-FTS Gradall Industries 031014-GRD Hol-Mac Corporation 031014-HMC Northrop Grumman Systems Corporation 031014-NGS Thompson Pump & Manufacturing Co. Inc. 031014-TPMr Ginger Li , CP B, NJPA Contracts Specialist Date J Gregg Me~erhofer, CPPO JPA Bids and Contracts Officer Date Tracy Pl~insk~e,~NJPA Contracts Specialist Date Keith Hanson, CPA, NJPA Accounting Manager Date Maureen Knight, BBA & JD, NJPA Contracts and Compliance Manager Date 202 12-Street NE • P.O. Box 219 • Staples, MN 56479 • www.6jpacoop.org to to N O I~~,nO O NN 3 4~ co C N of G a - ~ c p a N ~ N y SS S SO N O Iq" I N ' to IA Ld r-) 0) 0 Pl. N m co c0 V N N H p w N a0 ? O p C a = L0 U) U) Lo -0 S = N N 1- h p N ti N tl! ~ to m C11 co CO Cl CO !Z! S 'r th fD W V to 7 to o~ c G L t~ ~ C7 O LCJ Cfj N ~f1 pn CJ S N r C4 cli O 10 VO' tD V N N a LU N C4 J x a 4 a U a c to Lo 0 0100 m c ccc~ t m S ul ~ tg ~ a Y N O~TN S t°qN U ~ a m m C N r I~ C W 3 In ~o to to In Lo g a Lo ILw V N!v N I'% IAN I+1- O O Occ e8 C tom ~ cJmm Lo MN N LV` LL Q0 CO -it CD --r F a a`> M CO v it } LL ~ pp Q LLI to Lo C C N H to Lc] c~ N S N I~ Lil) z Y ~O O ~S 'd' mO (J i.! V M r w O CL LU L) r 3 ¢ U r. n Y a - z c pQ LD X88 8S Y ~r co -T J C " _ m f0 j 7 m a a 1 ~ m p N C cC~ q A.7 C~7 ~Ncpp O H e7 r co M co co cp ti0:1 r a 3 C b C V' Q _ lf) O U'3 C~ m p O r S N N LD O o 1~ N S O 4 y_ 5 C r Dap Ord z o f0 r y = C y O 02 R p ~FS co Z m 0. N M oc = ~ m~ ~ mQ Q~ > U rn ~•~ib C U ~C~~(J C~'C Eo0pccojm~~Qc.~c~ o = C y~ 4) 8 U $ v a.. . c l m ~O 'a a,4 O LL m A no CO n- C9 Form F, Contract Acceptance and Award ` ` (To be completed only by NJPA) NJPA`~bII(1~L~~~kUu(r~YV10J1-~"V1~---~Q~t1~f0~~1`~ ALTEC Industries, Inc. Proposer's full legal name Your proposal is hereby accepted and awarded. As an awarded Proposer, you are now bound to provide the defined productlequipment and services contained in your proposal offering according to all terms, conditions, and pricing set forth in this RFP, any amendments to this RPP, your Response, and any exceptions accepted or rejected by NJPA on Form C. The effective start date of the Contract will be ~ , 20 and continue for four years from the board award date. This contract has the consiClera ion of a fifth ear renewal option at the discretion of NJPA. National Joint Powers Allianc A NJ PA Authorized signature: r~ NJPA Executive Director {Name printed or typed) Awarded this Q. day of Yc , 20__[ L-LNJPA Contract Number ].4-A P- NJPA Authorized signature: Qf NJPA Board Member 1 (Name printed or typed) Executed this day of 1 1 -,20 1 NJPA Contract Number # 031014 ~/i A7- Proposer hereby accepts contract award including all accepted exceptions and NJPA clarifications identified on FORM C. Vendor Name ALTEC Industries, inc. Vendor Authorized signature: C"U,2,2-' &J -V Cullen Bull Title: New Equipment Sales - Strategic Accounts (Name printed or typed) Executed this day of 20 14 NJPA Contract Number i.1.13 Raj" ADrA 41 ~O.,CRi:1Jy~,.5 f oat A~'4 N JPA a w,av~ lc.a ro.m n:.rxt s nj-3X11,' a National Joint Powers Alliance@ (herein NJPA.) QUEST F PROPOSAL (herein REP) for the procurement of PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES RFP Opening March 11, 2014 8:00 A.M. Central Time At the offices of the National Joint Powers Allianceg 202 12`t' Street Northeast, Staples, MN 56479 RFP 4031.014 The National Joint Powers Alliance@ (NJPA), on behalf of NJPA and its current and potential Member agencies to include all Government, Higher Education, K12 Education, Non-Profit, Tribal Government, and all other Public Agencies located nationally in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES. Details of this RFP are available beginning January 27, 2014 and continuing until March 3, 2014. Details may be obtained by letter of request to Maureen Knight, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples,' MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until March 10, 2014 at 4:30 p.m. Central Standard Time at the above address and opened March 11, 2014 at 8:00 A.M. Central Standard Time. RFP Timeline January 27, 2014 Publication of RFP in the print and online Minneapolis Star Tribune, in the print version of the Salt Lake News within the state of Utah, in the print and online Daily Journal of Commerce within the State of Oregon, the NJPA website (njpacoop.org), MERX, noticetobidders.com, PubliePurchase.com, and Bidding February 27, 2014 Pre-Proposal Conference (webeast - conference call - Connection 10.00 A.M. Central Standard Time information sent to all inquirers 2 business days prior to event) March 3, 2014 Deadline for RFP requests and questions March 10, 2014 Deadline for Submission of Proposals. Late responses will be returned unopened. 4:30 P.M. Central Standard Time March 11, 2014 Public Opening of Proposals 5:00 A.M. Central Standard Time Direct questions regarding this .RFP to: Maureen Knight at maureen.knight@njpacoop.or2 or (218)895-4114 1 TABLE Of CONTENTS 1. DEFINITIONS L. Shipping Requesting Pricing Changes A. Contract 6. EVALUATION OF PROPOSALS B. Currency A. Proposal Evaluation Process C. Exclusive Vendor D. FOB B. Proposer Responsiveness E. Hub Partner C. Proposal Evaluation Criteria D. Other Consideration F. Proposer E. Request for Proposal . Cost Comparison H. Sourced Goods F. Marketing Plan 1. Time G. Certificate Of Insurance J. Total Cost of Acquisition H. Order Process and/or Funds Flow K. Vendor I. Administrative Fees J. Value Added 2. ADVERTISEMENT OF RFP\ K. Waiver of Formalities 3. INTRODUCTION 7. POST AWARD OPERATING ISSUES A. About NJPA A. Subsequent Agreements B. Joint Exercise of Powers Laws B. NJPA Member Sign-up Procedure C. Why Respond to a National Cooperative C. Reporting of Sales Activity Procurement Contract D. Audits D. The Intent of This RFP E. Hub Partner E. Scope of This RFP F. Trade-Ins F. Expectations for Equipment/Products G. Out of Stock Notification and Services Being Proposed H. Termination of a Contract resulting from G. Solutions Based Solicitation this RFP 3. GENERAL TERMS AND CONDIITONS 4. INSTRUCTIONS FOR PREPARING YOUR A. Advertising a Contract Resulting From PROPOSAL This RFP A. Inquiry Period B. Applicable Law B. Pre-Proposal Conference C. Assignment a Contract C. Identification of Key Personnel D. List of Proposers D. is Exceptions to Terms and E. Captions, Headings, and Illustrations Conditions Conditions F. Data Practices E. Proposal Format G. Entire Agreement F. Questions & Answers About This RFP H. Force Mg eure em G. Modification or Withdrawal of a I_ Gratuities Submitted Proposal L Hazardous Substances H. Proposal Opening Procedure K. Licenses 5. PRICING L. Material Suppliers and Sub-Contractors A. Line-Item Pricing M. Non-Wavier of Rights B. Percentage Discount From Catalog or N. Protests of Awards Made Category' O. Suspension or Disbarment Status C. Cost Plus a Percentag e of Cost P. Affirmative Action and Immigration D. Hot List Pricing Status Certification E. Ceiling Price Q. Severability F. Volume Price Discounts/ R. Relationship of Parties Additional Quantities 9. FORMS G. Total Cost of Acquisition H. Sourced Equipment/Products/ 10. PRE-SU.EMISSION CHECKLIST Open Market Items 11. PRICE & PRODUCT CHANGE REQUEST 1. Price and Product Changes FORM J. Payment Terms K. Sales Tax 2 I DEG'➢1`iRTIONS A. CONTRACT "Contract" as used herein shall consist of this RFP, pricing, fully executed forms C, D, F & P from the Proposer's response pursuant to this RFP, and a fully executed form E ("Acceptance and Award") with final terms and conditions. Form E will be executed on or after award and will provide final clarification of terms and conditions of the award. B. CURRENCY All transactions are payable in U.S. dollars on U.S. sales. All administrative fees are to be paid in U.S. dollars. C. EXCLUSIVE VENDOR A sole Vendor awarded in a product category. NJPA reserves the right to award to an Exclusive Vendor in the event that such an award is in the best interests of NJPA Members nationally. A Proposer that exhibits and demonstrates the ability to offer and execute an outstanding overall program, demonstrates the ability and willingness to serve NJPA current and qualifying Members in all 50 states and comply with all other requirements of this RFP, is preferred. D. FOB FOB stands for "Freight On Board" and defines the point at which responsibility for loss and damage of product/equipment purchased is transferred from Seller to Buyer. "FOB Destination" defines that transfer of responsibility for loss is transferred from Seller to Buyer at the Buyer's designated delivery point. FOB does not identify who is responsible for the costs of shipping. The responsibility for the costs of shipping is addressed elsewhere in this document. E. HUB PARTNER An organization that a member requests to be served through with an Awarded Vendor for the purposes of complying with a Law, Regulation, or Rule to which that individual NJPA Member deems to be applicable in their jurisdiction. F. PROPOSER A company, person, or entity delivering a timely response to this RFP. G. REQUEST FOR PROPOSAL Herein referred to as RFP. H. SOURCED GOODS A Sourced Good or Open Market Item is a product within the RFP's scope - generally deemed incidental to the total transaction or purchase of contract items - which a member wants to buy under contract from an Awarded Vendor that is not currently available under the Vendor's NJPA contract. 1. TIME Periods of time, stated as number of days, shall be in calendar days. J. TOTAL COST OF ACQUISITION The Total Cost of Acquisition for the equipment/products and related services being proposed is the cost of the proposed equipment products and related services delivered and operational for its intended purpose in the end-user's location. K. VENDOR A Proposer whose response has been awarded a contract pursuant to this RFP. 3 2 ADVERTISEMENT OF REP 2.1 NJPA shall advertise this solicitation: 1) for two consecutive weeks in both the hard copy print and on-line editions of the MINNEAPOLIS STAR TRIBUNE-, 2) once each in Oregon's Daily Journal of Commerce and Utah's Salt Lake Tribune, 3) on a national wire service and website by the MINNEAPOLIS STAR TRIBUNE; 4) on NJPA's website; 5) on other third-party websites deemed appropriate by NJPA. Other third party advertisers may include Onvia, Bidsyne, PubliePurchase.com, MERX and Biddingo. 2.2 NJPA also notifies and provides solicitation documentation to each State level procurement departments for possible re-posting of the solicitation within their systems and at their option for future use and to meet specific state requirements. 3 INTRODUCTION A. ABOUT NJPA 3.1 The National Joint Powers Alliance(D (NJPA) is a public agency serving as a national municipal contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute §123A.21 with the authority to develop and offer, among other services, cooperative procurement services to its membership. Eligible membership and participation includes states, cities, counties, all government agencies, both public and non-public educational agencies, colleges, universities and non- profit organizations. 3.2 Under the authority of Minnesota state laws and enabling legislation, NJPA facilitates a competitive bidding and contracting process on behalf of the needs of itself and the needs of current and potential member agencies nationally. This process results in national procurement contracts with various Vendors of products/equipment and services which NJPA Member agencies desire to procure. These procurement contracts are created in compliance with applicable Minnesota Municipal Contracting Laws. A complete listing of NJPA cooperative procurement contracts can be found at www.ni 12 acoop.ortr. 3.3 NJPA is a public agency governed by publicly elected officials that serve as the NJPA Board of Directors. NJPA's Board of Directors calls for all proposals, awards all Contracts, and hosts those resulting Contracts for the benefit of its own and its Members use. 3.3.1 Subject to Approval of the NJPA Board: NJPA contracts are awarded by the action of NJPA Board of Directors. This action is based on the open and competitive bidding process facilitated by NJPA. The evaluation and resulting recommendation is presented to the Board of Directors by the NJPA Proposal Evaluation Committee. 3.4 NJPA currently serves over 50,000 member agencies nationally. Both membership and utilization of NJPA contracts continue to expand, due in part to the increasing acceptance of Cooperative Purchasing throughout the government and education communities nationally. B. JOINT EXERCISE OF POWERS LAWS 3,.5 NJPA cooperatively shares those contracts with its Members nationwide through various Joint Exercise of Powers Laws or Cooperative Purchasing Statutes established in Minnesota, other States and Canadian Provinces. The Minnesota Joint Exercise of Powers Law is Minnesota Statute §471.59 which states "Two or more goverrnnental units...may jointly or cooperatively exercise any power common to the contracting parties..." This Minnesota Statute allows NJPA to serve Member agencies located in all other states. Municipal agencies nationally have the ability to participate in cooperative purchasing activities as a result of specific laws of their own state. These laws can be 4 found on our website at http•//ivww nipacoop ore/national-cooperative-contract-solutions/leyal- authority/. C. WHY RESPOND TO A NATIONAL COOPERATIVE PROCUREMENT CONTRACT 3,.6 National Cooperative Procurement ~ Contracts create value for Municipal and Public Agencies, as well as for Vendors of products/equipment and services in a variety of ways: 3.6.1 National cooperative contracts potentially save the time and effort of Municipal and Public Agencies who would have been otherwise charged with soliciting vendor responses to individual RFP's, resulting in individual contracts, to meet the procurement needs of their respective agencies. Considerable time and effort is also potentially saved by the Vendors who would have had to otherwise respond to each of those individual RFPs. A single, nationally advertised R FP, resulting in a single, national cooperative contract can potentially replace thousands of individual RFPs for the same equipment/products/services that might have been otherwise advertised by individual NJPA member agencies. 3.6.2 NJPA contracts offer our Members nationally leveraged volume purchasing discounts. Our contract terms and conditions offer the opportunity for Vendors to recognize individual member procurement volume commitment through additional volume based contract discounts. 337 State laws that permit or encourage cooperative purchasing contracts do so with the belief that cooperative efficiencies will result in lower prices, better overall value, and considerable time savings. 3,_8 The collective purchasing power of thousands of NJPA Member agencies nationwide offers the opportunity for volume pricing discounts. Although no sales or sales volume is guaranteed by an NJPA Contract resulting from this RFP, substantial volume is anticipated and volume pricing is requested and justified. 339 NJPA and its Members desire the best value for their procurement dollar as well as a competitive price. Vendors have the opportunity to display and highlight value added attributes of their company, equipment/products and services without constraints of a typical individual proposal process. D. THE INTENT OF THIS RFP 310. National contract awarded by the NJPA )Board of Directors: NJPA seeks the most responsive and responsible Vendor relationship(s) to reflect the best interests of NJPA and its Member agencies. Through a competitive proposal and evaluation process, the NJPA Proposal Evaluation Committee reviews and recommends vendors for to award a national contract by the action of the NJPA Board of Directors. NJPA's primary intent is to establish and provide a national cooperative procurement contract which offer opportunities for NJPA and our Member agencies to procure quality product/equipment and services as'desired and needed. The contracts will be marketed nationally through a cooperative effort between the awarded vendor(s) and NJPA. Contracts are expected to offer price levels reflective of the potential and collective volume of NJPA and the nationally established NJPA membership base. 3.11 Beyond our primary intent, NJPA further desires to: 3.1 1.1 Award a four year term contract with a fifth year contract option resulting from this RFP; 3.11.2 Offer and apply any applicable technological advances throughout the term of a contract resulting from this RFP 5 3.11.3 Deliver "Value Added" aspects of the company, equipment/products and services as defined in the "Proposer's Response"; 3.11.4 Deliver wide spectrums of solutions to meet the needs and requirement of NJPA and NJPA Member agencies. 3.11.5 Award an exclusive contract to the most responsive and responsible vendor when it is deemed to be in the best interest of NJPA and the NJPA Member agencies 3.12 Exclusive or Multiple Awards: Based on the goals and scope of this RFP, NJPA is requesting responders to demonstrate their ability to serve the needs of NJPA's national membership. It is NJPA's intent and desire to award a contract to a single exclusive Vendor to serve our membership's needs. To meet the goals of this RFP, NJPA reserves the right to award a Contract to multiple Proposers where the result justifies a multiple award and multiple contracts are deemed to be in the best interests of NJPA Member agencies. 3.13 Non-Manufacturer Awards: NJPA reserves the right to make an award related to this invitation to a non-manufacturer or dealer/distributor if such action is in the best interests of NJPA and its Members. 3.14 Manufacturer as a Proposer: If the Proposer is a Manufacturer or wholesale distributor, the response received will be evaluated on the basis of a response made in conjunction with that Manufacturer's authorized Dealer Network. Unless stated otherwise, a Manufacturer or wholesale distributor Proposer is assumed to have a documented relationship with their Dealer Network where that Dealer Network is informed of, and authorized to accept, purchase orders pursuant to any Contract resulting from this RFP on behalf of the Manufacturer or wholesale distributor Proposer. Any such dealer will be considered a sub-contractor of the Proposer/Vendor. The relationship between the Manufacturer and wholesale distributor Proposer and its Dealer Network may be proposed at the time of the proposed submission if that fact is properly identified. 3.15 Dealer/Re-seller as a Proposer: If the Proposer is a dealer or re-seller of the products and/or services being proposed, the response will be evaluated based on the Proposer's authorization to provide those products and services from their manufacturer. Where appropriate, Proposers must document their authority to offer those products and/or services. E. SCOPE OF THIS RFP 3.16 Scope: The scope of this RFP is to award a contract to a qualifying vendor defined as a manufacturer, provider, or dealer/distributor, established as a Proposer, and deemed responsive and responsible through our open and competitive proposal process. Vendors will be awarded contracts based on the proposal and responders demonstrated ability to meet the expectations of the RFP and demonstrate the overall highest valued solutions which meet and/or exceed the current and future needs and requirements of NJPA and its Member agencies nationally within the scope of PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES. 3.17 Additional Scope Definitions: For purposes of the scope of this solicitation: 3.17.1 In addition to PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES, this solicitation should be read to include, but not limited to: 3.17.1.1 Aerial lifts, Bucket Trucks, Directional Drilling, and Diggers. 6 3.17.1.2 This solicitation shall NOT be construed to include: "Sewer Vacuum, Hydro- Excavation, and Street Sweeper Equipment with Related Accessories and Supplies" or Chassis only solutions. 3.17.2 NJPA reserves the right to limit the scope of this solicitation for NJPA and current and potential NJPA member agencies. 3.13 Overlap of Scope: When considering equipment/products/services, or groups of equipment/ products/services submitted as a part of your response, and whether inclusion of such will fall within a "Scope of Proposal," please consider the validity of an inverse statement. 3.13.1 For example, pencils and post-it-notes can generally be classified as office supplies and office supplies generally include pencils and post-it-notes. 3.18.2 In contrast, computers (PCs and peripherals) can generally be considered office supplies; however, the scope of office supplies does not generally include computer servers and infrastructure. 3.13.3 In conclusion: With this in mind, individual products and services must'be examined individually by NJPA, from time to time and in its sole discretion, to determine their compliance and fall within the original "Scope" as intended by NJPA. 3.19 Best and Most Responsive - Responsible Proposer: It is the intent of NJPA to award a Contract to the best and most responsible and responsive Proposer(s) offering the best overall quality and selection of equipment/products and services meeting the commonly requested specifications of the NJPA and NJPA Members, provided the Proposer's Response has been submitted in accordance with the requirements of this REP. Qualifying Proposers who are able to anticipate the current and future needs and requirements of NJPA and NJPA member agencies; demonstrate the knowledge of any and all applicable industry standards, laws and regulations; and possess the willingness and ability to distribute, market to and service NJPA Members in all SO states are preferred. NJPA requests proposers submit their entire product line as it applies and relates to the scope of this RFP. 3.20 Sealed Proposals: NJPA will receive sealed proposal responses to this RFP in accordance with accepted standards set forth in the Minnesota Procurement Code and Uniform Municipal Contracting Law. Awards may be made to responsible and responsive Proposers whose proposals are determined in writing to be the most advantageous to NJPA and its current or qualifying future NJPA Member agencies. 3.21 Use of Contract: Any Contract resulting from this solicitation shall be awarded with the understanding that it is for the sole convenience of NJPA and its Members. NJPA and/or its members reserve the right to obtain like equipment/products and services solely from this contract or from another contract source of their choice or from a contract resulting from their own procurement process. 3.22 Awarded Vendor's interest in a contract resulting from this RFP: Awarded Vendors will be able to offer to NJPA, and current and potential NJPA Members, only those products/equipment and services specifically awarded on their NJPA Awarded Contract(s). Awarded Vendors may not offer as "contract compliant," products/equipment and services which are not specifically identified and priced in their NJPA Awarded Contract. 3.23 Sole Source of Responsibility- NJPA desires a "Sole Source of Responsibility" Vendor. This means the Vendor will take sole responsibility for the performance of delivered equipment/products/ services. NJPA also desires sole responsibility with regard to: 3.23.1 Scope of Equipment/Products/Services: NJPA desires a provider for the broadest possible scope of products/equipment and services being proposed over the largest possible geographic area and to the largest possible cross-section of NJPA current and potential Members. 3.23.2 Vendor use of sub-contractors in sourcing or delivering equipment/product/services: NJPA desires a single source of responsibility for equipment/products and services proposed. Proposers are assumed to have sub-contractor relationships with all organizations and individuals whom are external to the Proposer and are involved in providing or delivering the equipment/products/services being proposed. Vendor assumes all responsibility for the equipment/products/services and actions of any such Sub- Contractor. Suggested Solutions Options include: 3.24.1 Multiple solutions to the needs of NJPA and NJPA Members are possible. Examples could include: 3.24.1.1 Equipment/Products Only Solution: Equipment/Products Only Solution may be appropriate for situations where NJPA or NJPA Members possess the ability, either in- house or through local third party contractors, to properly install and bring to operation those equipment/products being proposed. 3.24.1.2 Turn-Key Solutions: A Turn-Key Solution is a combination of equipment/products and services which provides a single price for equipment/products, delivery, and installation to a properly operating status. Generally this is the most desirable solution as NJPA and NJPA Members may not possess, or desire to engage, personnel with the necessary expertise to complete these tasks internally or through other independent contractors 3.24.1.3 Good, Better, Best: Where appropriate and properly identified, Proposers are invited to offer the CHOICE of good - better- best multiple grade solutions to NJPA and NJPA Members' needs. 3.24.1.4 ]Proven - Accepted - Leading Edge Technology: Where appropriate and properly identified, Proposers are invited to provide an appropriate identified spectrum of technology solutions to compliment or enhance the functionality of the proposed solutions to NJPA and NJPA Members' needs both now and into the future. 3.24.2 If applicable, Contracts will be awarded to Proposer(s) able to deliver a proposal meeting the entire needs of NJPA and its Members within the scope of this RFP. NJPA prefers Proposers submit their complete product line of products and services described in the scope of this UP. NJPA reserves the right to reject individual, or groupings of specific equipment/products and services proposals as a part of the award. 3.25 Geographic Area to be Proposed: This RFP invites proposals to provide PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES to NJPA and NJPA Members throughout the entire United States and possibly internationally. Proposers will be expected to express willingness to explore service to NJPA Members located abroad; however the lack of ability to serve Members outside of the United States will not be cause for non-award. The ability and willingness to serve Canada; for instance, will be viewed as a value-added attribute. 3.26 Contract Term: At NJPA's option a contract resulting from this RFP will become effective either the date awarded by the NJPA Board of Directors or the day following the expiration date of an existing NJPA procurement contract for the same or similar product/equipment and services. 3.26.1 NJPA is seeking a Contract base term of four years as allowed by Minnesota Contracting Law.. Full term is expected. However, one additional one-year renewal/extension may be offered by NJPA to Vendor beyond the original four year term if NJPA deems such action to be in the best interests of NJPA and its Members. NJPA reserves the right to conduct periodic business reviews throughout the term of the contract. 8 3.27 Minimum Contract Value: NJPA anticipates considerable activity resulting from this RFP and subsequent award; however, no commitment of any kind is made concerning actual quantities to be acquired. NJPA does not guarantee usage. Usage will depend on the actual needs of the NJPA Members and the value of the awarded contract. 3.28 Estimated Contract Volume: Estimated quantities and sales volume are based on potential usage by NJPA and NJPA Member agencies nationally. 3.29 Contract Availability: This Contract must be available to all current and potential NJPA Members who choose to utilize this NJPA Contract to include all governmental and public agencies, public and private primary and secondary education agencies, and all non-profit organizations nationally. 3.30 Proposer's Commitment Period: In order to allow NJPA the opportunity to evaluate each proposal thoroughly, NJPA requires any response to this solicitation be valid and irrevocable for ninety (90) days after the date proposals were opened regarding this RFP. F. EXPECTATIONS FOR EQUIPMENT/PRODUCTS AND SERVICES BEING PROPOSED 3.31 Industry Standards: Except as contained herein, the specifications or solutions for this RFP shall be those accepted guidelines set forth by the PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES industry, as they are generally understood and accepted within that industry across the nation. Submitted products/equipment, related services, and their warranties and assurances are required to meet and/or exceed all current, traditional and anticipated needs and requirements of NJPA and its Members. 3.31.1 Deviations from industry standards must be identified by the Proposer and explained how, in their opinion, the equipment/products and services they propose will render equivalent functionality, coverage, performance, and/or related services. Failure to detail all such deviations may comprise sufficient grounds for rejection of the entire proposal. 3.31.2 Technical DescriptionslSpecifications. Excessive technical descriptions and specifications which, in the opinion of NJPA unduly enlarge the proposal response may reduce evaluation points awarded on Form G. Proposers must supply sufficient information to: 3.31.2.1 demonstrate the Proposer's knowledge of industry standards; 3.31.2.2- identify the equipment/products and services being proposed; and 3.31.2.3 differentiate equipment/products and services from others. 3.32 New Current Model Equipment/Products: Proposals submitted shall be for new, current model equipment/products and services with the exception of certain close-out products allowed to be offered on the Proposer's "Hot List" described herein. 3.33 Compliance with laws and standards: All items supplied on this Contract shall comply with any current applicable safety or regulatory standards or codes. 3.34 Delivered and operational: Products/equipment offered herein are to be proposed based upon being delivered and operational at the NJPA Member's site. Exceptions to "delivered and operational" must be explicitly disclosed in the "Total Cost of Acquisition" section of your proposal response. 3.35 Warranty: The Proposer warrants that all products, equipment, supplies, and services delivered under this Contract shall be covered by the industry standard or better warranty. All products and equipment should carry a minimum industry standard manufacturer's warranty that includes materials and labor. The Proposer has the primary responsibility to submit product specific warranty as required and 9 accepted by industry standards. Dealer/Distributors agree to assist the purchaser in reaching a solution in a dispute over warranty's terms with the manufacturer. Any manufacturer's warranty which is effective past the expiration of the warranty will be passed on to the NJPA member. Failure to submit a minimum warranty may result in non-award. 3.36 Additional Warrants: The Proposer warrants all products/equipment and related services furnished hereunder will be free from liens and encumbrances; defects in design, materials, and workmanship; and will conform in all respects to the terms of this RFP including any specifications or standards. In addition, ProposerNendor warrants the products/equipment and related services are suitable for and will perform in accordance with the ordinary use for which they are intended. G. SOLUTIONS BASED SOLICITATION 3.37 NJPA solicitations and contract process will not offer specific specifications for proposers to meet or base your response on. This RFP is a"Solutions Based Solicitation." This means the proposers are asked to understand and anticipate the current and future needs of NJPA and the nationally located NJPA membership base, within: the scope of this RFP, and including specifications commonly desired or required by law or industry standards. Your proposal will be evaluated in part on your demonstrated ability to meet or exceed the needs and requirements of NJPA and our member agencies within the defined scope of this RFP. 3.38 NJPA does not typically provide product and service specifications; rather NJPA is requesting an industry standard or accepted specification for the requested product/equipment and services. Where specific line items are specified, those line items should be considered the minimum which can be expanded by the Proposer to deliver the Proposer's "Solution" to NJPA and NJPA Members' needs. I NSTRUCTIONS FOR 1"lti UPARING YOUR PROPOSAL A. INQUIRY PERIOD 4_1 The inquiry period shall begin. at the date of first advertisement and continue to the "Deadline for Requests." RFP packages shall be distributed to Potential Bidders during the inquiry period. The purpose for the defined "Inquiry Period" is to ensure proposers have enough time to complete and deliver the proposal to our office. B. PRE-PROPOSAL CONFERENCE _2 A non-mandatory pre-proposal conference will be held at the date and time specified in the time line on page one of this RFP. Conference call and web connection information will be sent to all Potential Proposers through the same means employed in their inquiry. The purpose of this conference call is to allow Potential Proposers to ask questions regarding this RFP and hear answers to their own questions and the questions of other Potential Proposers. Only answers issued in writing by NJPA to questions asked before or during the Pre-proposal Conference shall be considered binding. C. IDENTIFICATION OF KEY PERSONNEL 4.3 Vendor will designate one senior staff individual who will represent the awarded Vendor to NJPA. This contact person will correspond with members for technical assistance, questions or problems that may arise including instructions regarding different contacts for different geographical areas as needed. _4 Individuals should also be identified (if applicable) as the primary contacts for the contents of this proposal, marketing, sales, and any other area deemed essential by the Proposer. D. PROPOSER'S EXCEPTIONS TO TERMS AND CONDITIONS 10 4.5 Any exceptions, deviations, or contingencies a Proposer may have to the terms and conditions contained herein must be documented on Form C. 446 Exceptions, deviations or contingencies stipulated in Proposer's Response, while possibly necessary in the view of the Proposer, may result in disqualification of a Proposal Response. E. PROPOSAL FORMAT 447 It is the responsibility of all Proposers to examine the entire RFP package, to seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a Proposal. Negligence in preparing a Proposal confers no right of withdrawal after the deadline for submission of proposals. 443 All proposals must be properly labeled and sent to "The National Joint Powers Alliance©, 202 12th ST NE Staples, MN 56479." 44.99 Format for proposal response: All proposals must be physically delivered to NJPA at the above address in the following form and with all required hard copy documents and signature forms/pages inserted as loose pages at the front of the Vendor's response: 4.9.1 Hard copy original signed, completed, and dated forms C, D, F and hard copy signed signature page only from forms A and P from this RFP; 4.9.2 Hard copies of all addenda issued for the RFP with original counter signed by the Proposer; 49.3 Hardy copy of Certificate of Insurance verifying the coverage identified in this RFP; and 4.9.4 A complete copy of your response on a CD (Compact Disc) or flash drive. The copy shall contain completed Forms A, B, C, D, F & P, your statement of products and pricing (including apparent discount) together with all appropriate attachments. Everything you send with your hard copy should also be included in the electronic copy. As a public agency, NJPA proposals, responses and awarded contracts are a matter of public record, except for that data included in the proposals, responses and awarded contracts that is classified as nonpublic; thus, pursuant to statute, NJPA policies and RFP terms and conditions, all documentation, except for that data which is nonpublic is available for review by the public through a public records request. If you wish to request that certain information that falls within Minnesota Statute 13.37 be redacted, such request must be made within thirty-days of award/non-award. 4.10 All Proposal forms must be submitted in English and be legible. All appropriate forms must be executed by an authorized signatory of the Proposer. Blue ink is preferred for signatures. 4.11 Proposal submissions should be submitted using the electronic forms provided. If a Proposer chooses to use alternative documents for their response, the Proposer will be responsible for ensuring the content is effectively equal to the NJPA form and the document is in a format readable by NJPA. 4.12 It is the responsibility of the Proposer to be certain the proposal submittal is in the physical possession of NJPA on or prior to the deadline for submission of proposals. 4.12.1 Proposals must be submitted in a sealed envelope or box properly addressed to NJPA and prominently identifying the proposal number, proposal category name, the message "Ho d for Proposal Openingand the deadline for proposal submission. NJPA cannot be responsible for late receipt of proposals. Proposals received by the correct deadline for proposal submission will be opened acid the name of each Proposer and other appropriate information will be publicly read. 11 4.13 Corrections, erasures, and interlineations on a Proposer's Response must be initialed by the authorized signer in original ink on all copies to be considered. 4.14 Addendums to the RFP: The Proposer is responsible for ensuring receipt of all addendums to this RFP. 4.14.1 Proposer's are responsible for checking directly with the NJPA website for addendums to this RFP. 4.14.2 Addendums to this RFP can change terms and conditions of the RFP including the deadline for submission of proposals. F. QUESTIONS AND ANSWERS ABOUT THIS RFP 4.15 Upon examination of this RFP document, Proposer shall promptly notify NJPA of any ambiguity, inconsistency, or error they may discover. Interpretations, corrections and changes to this RFP. will be made by NJPA through addendum. Interpretations, corrections, or changes made in any other manner will not be binding and Proposer shall not rely upon such. 4.16 Submit all questions about this RFP, in writing, referencing "PUBLIC UTILITY ]EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES to Maureen Knight, NJPA 202 12th Street NE, Staples, MN 56479 or RFP@njpacoop.org. Those not having access to the Internet may call Maureen Knight at (218) 895-4114. Requests for additional information or interpretation of instructions to Proposers or technical specifications shall also be addressed to Maureen Knight. NJPA urges Potential Proposers to communicate all concerns well in advance of the deadline to avoid misunderstandings. Questions received less than seven (7) days ending at 4:00 p.m. Central Time of the seventh (V) calendar day prior to proposal due-date cannot,be answered; however, communications permitted include: NJPA issued addenda or potential Vendor withdrawal of their response prior to RFP submission deadline. 4.17 If the answer to a question is deemed by NJPA to have a material impact on other potential proposers or the RFP itself, the answer to the question will become an addendum to this RFP. 4.18 If the answer to a question is deemed by NJPA to be a clarification of existing terms and conditions and does not have a material impact on other potential proposers or the RFP itself, no further documentation of that question is required. 4.19 As used in this solicitation, clarification means communication with a Potential Proposer for the sole purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the RFP. 4.20 Addenda are written instruments issued by NJPA that modify or interpret the RFP. All addenda issued by NJPA shall become a part of the RFP. Addenda will be delivered to all Potential Proposers using the same method of delivery of the original P.FP material. NJPA accepts no liability in connection with the delivery of said materials. Copies of addenda will also be made available on the NJPA website at www.nipacoon.org by clicking on "Current and Pending Solicitations" and from the NJPA offices. No questions will be accepted by NJPA later than seven (7) days prior to the deadline for receipt of proposals, except Each Potential Proposer shall ascertain prior to submitting a Proposal that it has received all addenda issued, and the Proposer shall acknowledge their receipt in its Proposal Response. 4.21 An amendment to a submitted proposal must be in writing and delivered to NJPA no later than the time specified for opening of all proposals. G. MODIFICATION OR WITHDRAWAL OF A SUBMITTED PROPOSAL 4.22 A submitted proposal may not be modified, withdrawn or cancelled by the Proposer for a period of ninety (90) days following the date proposals were opened. Prior to the deadline for submission of proposals, any proposal submitted may be modified or withdrawn by notice to the NJPA Contracts and Compliance Manager. Such notice shall be submitted in writing and include the signature of the 12 Proposer and shall be delivered to NJPA prior to the deadline for submission of proposals and it shall be so worded as not to reveal the content of the original proposal. However, the original proposal shall not be physically returned to the Potential Proposer until after the official proposal opening. Withdrawn proposals may be resubmitted up to the time designated for the receipt of the proposals if they are then fully in conformance with the Instructions to Proposer. 4.23 Examples of Value Added Attributes: Value-Added attributes, products and services are items offered in addition to the products and services being proposed which adds value to those items being proposed. The availability of a contract for maintenance or service after the initial sale, installation, and set-up may, for instance, be "Value Added Services" for products where a typical buyer may not have the ability to perform these functions. The opportunity to indicate value added dimensions and such advancements will be available in the Proposer's Questionnaire and Proposer's product and service submittal. 4.24 Value added equipment/products and services and expanded services, as they relate to this RFP, will be given positive consideration in the award selection. Consideration will be given to an expanded selection of "PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES", and advances to provide equipnient/products/services or supplies meeting and/or exceeding today's industry standards and expectations. A value add would include a program or service that further serves the members needs above and possibly beyond standard expectation and complements the equipment/products/services and training. Value added could -include areas of equipment, product and service, sales, ordering, delivery, performance, maintenance, technology, and service that furthers the functionality and effectiveness of the procurement process while remaining within the scope of this RFP. 4.25 Minority, Small Business, and Women Business Enterprise (WMBE) participation: It is the policy of some NJPA Members to involve Minority, Small Business, and WMBE contractors in the process to purchase equipment/products and related services. Vendors should document WMBE status for their organization AND any such status of their affiliates (i.e. Supplier networks) involved in carrying out the activities invited. The ability of a Proposer to provide "Credits" to NJPA and NJPA Members in these subject areas, either individually or through related entities involved in the transaction, will be evaluated positively by NJPA and reflected in the "value added" area of the evaluation. NJPA is committed to facilitating the realization of such "Credits" through certain structuring techniques for transactions resulting from this RFP. 4.26 Environmentally Preferred Purchasing Opportunities: There. is a growing trend among NJPA Members to consider the environmental impact of the equipment/prodacts and related services they purchase. "Green" characteristics demonstrated by responding companies will be evaluated positively by NJPA and reflected in the "value added" area of the evaluation. Please identify any Green characteristics of the equipment/products and related services in your proposal and identify the sanctioning body determining that characteristic. Where appropriate, please indicate which products have been certified as "green" and by which certifying agency. 4.27 On-Line Requisitioning systems: When applicable, on-line requisitioning systems will be viewed as a value-added characteristic. Proposer shall include documentation about user interfaces that make on- line ordering easy for NJPA Members as well as the ability to punch-out from mainstream e-Procurement or Enterprise Resource Planning (ERP) systems that NJPA Members inay currently utilize. 4.28 Financing: The ability of the Proposer to provide financing options for the products and services being proposed will be viewed as a Value Added Attribute. H. PROPOSAL OPENING PROCEDURE 4.29 Sealed and properly identified Proposer's Responses for this RFP entitled "PUBLIC UTILITY ]EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES" will be received by Maureen 13 Knight, Contracts and Compliance Manager, at NJPA Offices, 202 12th Street NE, Staples, MN 56479 until the deadline for receipt of, and proposal opening identified on page one of this RFP. We document the receipt by using an atomic clock; an NJPA employee electronically time and date stamps all ]Proposals immediately upon receipt. The NJPA Director of Contracts and Marketing, or Representative from the NJPA Proposal Evaluation Committee, will then read the Proposer's names aloud. A summary of the responses to this RFP will be made available for public inspection in the NJPA office in Staples, MN. A letter or e-mail request is required to receive a complete RFP package. Send or communicate all requests to the attention of Maureen Knight 202 12th Street Northeast Staples, MN 56479 or RFP@njpacoop.org to receive a complete copy of this RFP. Method of delivery needs to be indicated in the request; an email address is required for electronic transmission. Oral, facsimile, telephone or telegraphic Proposal Submissions or requests for this RFP are invalid and will not receive consideration. All Proposal Responses must be submitted in a sealed package. The outside of the package shall plainly identify "PUBLIC UTILITY EQUI=PMENT WITH RELATED ACCESSORIES AND SUPPLIES" To avoid premature opening, it is the responsibility of the Proposer to label the Proposal Response properly. 5 P>P~➢C.91`dC 5.1 NJPA requests Potential Proposers respond to this RFP only if they are able to offer a wide array of equipment/products and services and at prices lower and better value than what they would ordinarily offer to single government agency, larger school district, or regional cooperative. . 5.22 RFP is an Indefinite Quantity Equipment/Products and Related Service Price and Program Request with potential national sales distribution and service. If Proposer's solution requires additional supporting documentation, describe where it can be found in your submission. If Proposer offers the solution in an alternative fashion, describe your solution to be easily understood. All pricing must be copied on a CD or thumb drive along with other requested information as a part of a Proposer's Response. _53 Regardless of the payment method selected by NJPA or NJPA Member, a total cost associated with any purchase option of the equipment/products and services and being supplied must always be disclosed at the time of purchase. 5.4 All Proposers will be required to submit "Primary Pricing" in the form of either "Line-Item Pricing," or "Percentage Discount from Catalog Pricing," or a combination of these pricing strategies. Proposers are also encouraged to offer OPTIONAL pricing strategies such as but not limited to "Hot List," "Sourced Product/Equipment" and "Volume Discounts," as well as financing options such as leasing. All pricing documents should include an effective date, preferably in the top right corner of the first page of each pricing document. A. LINE-ITEM PRICING S_5 A pricing format where specific individual products and/or services are offered at specific individual Contract prices. Products/equipment and/or related services are individually priced and described by characteristics such as manufacture name, stock or part number, size, or functionality. This method of pricing offers the least amount of confusion as products/equipment and prices are individually identified however, Proposers with a large number of products/equipment to propose may find this method cumbersome. In these situations, a percentage discount from catalog or category pricing model may make more sense and increase the clarity of the contract pricing format. _5G All Line-Item Pricing items must be numbered, organized, sectioned, including SKU's (when applicable) and easily understood by the Evaluation Committee and members. 5.7 Submit Line-Item Pricing items in an Excel spreadsheet forcmat and include all appropriate identification information necessary to discern the line item from other line items in each Responder's proposal. 14 558 The purpose for a searchable excel spreadsheet format for Line-Item Pricing is to be able to quickly find any particular item of interest. For that reason, Proposers are responsible for providing the appropriate product and service identification information. along with the pricing information which is typically found on an invoice or price quote for such products/equipment and related services. 59 All products/equipment and related services typically appearing on an invoice or price quote must be individually priced and identified on the line-item price sheet, including any and all ancillary costs. 5.10 Proposers are asked to provide both a published "List" price as well as a "Proposed Contract Price" in their pricing matrix. Published List price will be the standard "quantity of one" price currently available to government and educational customers excluding cooperative and volume discounts. B. PERCENTAGE DISCOUNT FROM CATALOG OR CATEGORY 5.11 A specific percentage discount from a Catalog or List price" defined as a published Manufacturer's Suggested Retail Price (MSRP) for the products/equipment or related services being proposed. 5.12 Individualized percentage discounts can be applied to any number of defined product groupings. 513 A Percentage Discount from MSRP may be applied to all elements identified in MSRP including all Manufacturer Options applicable to the equipment/products or related services. 5.14 When a Proposer elects to use "Percentage Discount from Catalog or Category," Proposer will be responsible for providing and maintaining current published MSRP with NJPA and must be included in their proposal and provided throughout the term of any Contract resulting from this RFP. C. COST PLUS A PERCENTAGE OF COST 5.15 Cost plus a percentage of cost as a primary pricing mechanism is not desirable. D. HOT LIST PRICING 5.16 Where applicable, a Vendor may opt to offer a specific selection of products/services, defined as Not List pricing at greater discounts or related advantages than those listed in the standard Contract pricing. All product/service pricing, including the Hot List Pricing, must be submitted electronically provided in Excel format. Hot List pricing must be submitted in a Line-Item format. Equipment/products and related services may be added or removed from the "Hot List" at any time through an NJPA Price and Product Change Form. 517 Hot List program and pricing when applicable may also be used to discount and liquidate close-out and discontinued equipment/products and related services as long as those close-out and discontinued items are clearly labeled as such. Current ordering process and administrative fees apply. This option must be published and made available to all NJPA Members. E. CEILING PRICE 5.18 Proposal pricing is to be established as a ceiling price. At no time may the proposed equipment/products and related services be offered pursuant to this Contract at prices above this ceiling price without request and approval by NJPA. Contract prices may be reduced to allow for volume considerations and commitments and to meet the specific and unique needs of an NJPA Member. 5.19 Allowable specific needs may include competitive situations, certain purchase volume commitments or the creation of custom programs based on the individual needs of NJPA Members. 15 F. VOLUME PRICE DISCOUNTS / ADDITIONAL QUANTITIES 5.20 Proposers are free to offer volume commitment discounts from the contract pricing documented in a Contract resulting from this RFP. Volume considerations shall be determined between the Vendor and individual NJPA Members on a case-by-case basis. 5.21 Nothing in this Contract establishes a favored member relationship between the NJPA or any NJPA Member and the Vendor. The Vendor will, upon request by NJPA Member, extend this same reduced price offered or delivered to another NJPA Member provided the same or similar volume commitment, specific needs, terms, and conditions, a similar time fraine, seasonal considerations, locations, competitively situations and provided the same manufacturer support is available to the Vendor. 5.22 All price adjustments are to be offered equally to all NJPA Members exhibiting the same or substantially similar characteristics such as purchase volume commitments, and timing including the availability of special pricing from the Vendor's suppliers. - 5.23 The contract awarded vendor will accept orders for additional quantities at the same prices, terms and conditions, providing the NJPA Member exercises the option before a specific date, mutually agreed upon between member and contract awarded vendor at time of original purchase order. Any extension(s) of pricing beyond the specific date shall be upon mutual consent between the NJPA Member and the contract awarded vendor. G. TOTAL COST OF ACQUISITION 5.24 The Total Cost of Acquisition for the equipment/products and related services being proposed, including those payable by NJPA Members to either the Proposer or a third party is the cost of the proposed equipment/products product/equipment and related services delivered and operational for its intended purpose in the end-user's location. For example, if you are proposing equipment/products FOB Proposer's dock., your proposal should identify your deviation from the "Total Cost of Acquisition" of contracted equipment/products. The Proposal should reflect that the "contract does not provide for delivery beyond Proposer's dock, nor any set-up activities or costs associated with those delivery or set- up activities." In contrast, proposed terms including all costs for product/equipment and services delivered and operational at to the end-user's location would require a disclosure of "None." H. SOURCED PRODUCT/EQUIPMENT / OPEN MARKET ITEMS 5.25 A Sourced Good or an Open Market Item is a product that a member wants to buy under contract that is not currently available under the Vendor's NJPA contract. This method of procurement can be satisfied through a contract sourcing process. Sourcing options serve to provide a more complete contract solution to meet our members' needs- Sourced items are generally deemed incidental to the total transaction or purchase of contract items. 5.26 NJPA or NJPA Members may request product/equipment and/or related services that are within the related scope of this RFP, which are not included in an awarded Vendor's line-item product/equipment and related service list or catalog. These items are known as Sourced Product/Equipment or Open Market Items. 5.27 An awarded Vendor resulting from this RFP may "Source" equipment/products and related services for NJPA or an NJPA Member to the extent they: 5.27.1 Identify all such equipment, products and services as "Sourced Products/Equipment " or "Open Market Items" on any quotation issued in reference to an NJPA awarded contract, and provided to either NJPA or an NJPA Member; and 16 5.27.2 Follow all applicable acquisition regulations pertaining to the purchase of such equipment, products and services, as defined by NJPA or NJPA Member receiving quotation fr om Vendor; and 5.27.3 Ensure NJPA or the. NJPA Member has determined the prices as quoted by the Vendor for such equipment, products and services are deemed to be fair and reasonable and are acceptable to the member/buyer; and 5.27.4 Identify all product/equipment sourced as a part of an NJPA contract purchase with all required NJPA reporting and fees applying. 5.28 Cost plus a percentage is an option in pricing of sourced goods. 1. PRODUCT R PRICE CHANGES 5.29 Requests for equipment/products or service changes, additions or deletions will be allowed at any time throughout the awarded contract term. All requests must be made in written format by completing the NJPA Price and Product Change Request Form (located at the end of this RFP and on the NJPA website) and signature of an authorized Vendor employee. All changes are subject to review and approval by the NJPA Contracts & Compliance Manager, signed in acceptance by the NJPA Executive Director and acknowledged by the NJPA Contract Council. Submit request via email to your Contract Manager and PandP@njpacoop.org. 5.30 NJPA's due diligence in analyzing any request for change is to determine if approval of the request is: 1) within the scope of the original RFP and 2) in the "Best Interests of NJPA and NJPA Members." A signed Price and Product Change form will be returned to vendor contact via email. 5.31 Vendor must complete this change request form and individually list or attach all items or services subject to change, provide sufficiently detailed explanation and documentation for the change, and include a compete restatement of pricing document in appropriate format (preferably Excel). The pricing document must identify all equipment/products and services being offered and must confonn to the following NJPA product/price change naming convention: (Vendor Name) (NJPA Contract (effective pricing date); for example, "COMPANY 012411-CPY eff02-12-2013." 5.32 New pricing restatement must include all equipment/products and services offered regardless of whether their prices have changed and include a new "effective date" on the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each vendor and creates a historical record of pricing. 5.33 ADDITIONS. New equipment/products and related services may be added to a contract if such additions are within the scope of the RFP. New equipment/products and related services may be added to a Contract resulting from this RFP at any time during that Contract to the extent those equipmentiproducts and related services are within the scope of this RFP. Those requests are subject to review and approval of NJPA. Allowable new equipment/products and related services generally include new updated models of equipment/products and related services and or enhanced services previously offered which could reflect new technology and improved functionality. 5.34 DELETIONS. New equipment/products and related services may be deleted froze a contract if an item or service is no longer available and thus not relevant to the contract; for example, discontinued, improved, etc. 5.35 PRICE CHANGES: Request prices changes in general terms along with the justification byproduct category for the change; for example, a 3% increase in XYZ Product Line is due to a 3% increase in petroleum, or this list of SKUs/ product descriptions is increasing X% due to X% increase in cost of raw materials. 17 5.35.1 Price decreases: NJPA expects Vendors to propose their very best prices and anticipates price reductions are due to advancement of technologies and market place efficiencies. 5.35.2 Price increases: Typical acceptable increase requests include increases to Vendor input costs such as petroleum or other applicable commodities, increases in product utility of new compared to old equipment/product or service, etc. Vendor must include reasonable documentation for the claims cited in their request along with detailed justification for why the increase is needed. Special details for price changes must be included with the request along with both current and proposed pricing. Appropriate documentation should be attached to this form, including letters from suppliers announcing price increases. Price increases will not exceed industry standard. 5.36 Submitthe following documentation to request a pricing change: 5.36.1 Signed NJPA Price and Product Chan ge Form 5.36.2 Single Statement of Pricing Excel spreadsheet identifying all equipment/products and services being offered and their pricing. Each complete pricing list will be identified by its "Effective Date." Each successive price listing identified by its "Effective Date" will create a "Product and Price History" for the Contract. Each subsequent pricing update will be saved using the naming convention of "(Vendor Name) pricing effective XX/XX/XXXX." 5.36.2.1 Include all equipment/products and services regardless of whether their prices have changed. By observing this convention we will: 5.36.2.1.1 Reduce confusion by providing a single, easy to find, current pricing sheet for each Vendor. 5.36.2.1.2 Create a historical record of pricing. 5.37 NJPA reserves the right to review additional catalogs being proposed as additions or replacements to determine if the represented products and services reflect and relate to the scope of this RFP. Each new catalog received may have the effect of adding new product offerings and deleting products no longer carried by the Vendor. New catalogs shall apply to the Contract only upon approval of the NJPA. Non- approved use of catalogs may result in termination for convenience. New price lists or catalogs found to be offering non-contract items during the Contract may be grounds for terminating the Contract for convenience. 5.33 Proposers representing multiple manufacturers, or carving multiple related product lines may also request the addition of new manufacturers or product lines to their Contract to the extent they remain within the scope of this RFP. 5.39 Proposers may use the multiple tabs available in an Excel workbook to separately list logical product groupings or to separately list product and service pricing as they see fit. 5.30 All equipment/products and services together with their pricing, whether changed within the request or remaining unchanged, will be stated on each "Pricing" sheet created as a result of each request for product, service, or pricing change. 5.31 Each subsequent "Single Statement of Product and Pricing" will be archived by its effective date therefore creating a product and price history for any Contract resulting from this RFP. Proposers are required to create a historical record of pricing annually by submitting updated pricing referred to as a "Single Statement of Product/Equipment and Related Services Contract Price Update". This pricing update is required at a minimum of once per contract year. 13 J. PAYMENT TERMS 5.42 Payment terns will be defined by the Proposer in the Proposer's Response. Proposers are encouraged to offer payment terms through P Card services if applicable. 5.43 If applicable, identify any leasing programs available to NJPA and NJPA Members as part of your proposal. Proposers should submit an example of the lease agreement to be used and should identify: 5.43.1 General leasing terns such as: 5.43.1.1 The percentage adjustment over/under an index rate used in calculating the internal rate of return for the lease; and 5.43.1.2 The index rate being adjusted; and 5.43.1.3 The "Purchase Option" at lease maturity ($1, or fair market value); and 5.43.1.4 The available tern in months of lease(s) available. 5.43.2 Leasing company information such as: 5.43.2.1 The name and address of the leasing company; and 5.43.2.2 Any ownership, common ownership, or control between the Proposer and the Leasing Company. K. SALES TAX 5.44 Sales and other taxes shall not be included in the prices quoted. Vendor will charge state and local sales and other taxes on items for which a valid tax exemption certification has not been provided. Each NJPA Member is responsible for providing verification of tax exempt status to the Vendor. When ordering, NJPA Members must indicate that they are tax exempt entities. Except as set forth herein, no party shall be responsible for taxes imposed on another party as a result of or arising from the transactions contemplated by a Contract resulting from this RFP. L. SHIPPING 5.45 NJPA desires an attractive freight program. A shipping program for material only proposals, or sections of proposals, must be defined as a part of the cost of equipment/products. If shipping is charged to NJPA or NJPA Member, only the actual cost of delivery may be added to an invoice. Shipping charges calculated as a percentage of the product price may not be used, unless such charges are lower than actual delivery charges. COD orders will be accepted if both parties agree. It is desired that delivery be made within ninety-days (90) of receipt of the Purchase Order. 5.46 Selection of a carrier for shipment or expedited shipping will be the option of the party paying. for said shipping. Use of another carrier will be at the expense of the party who requested. 5.47 Proposers must define their shipping programs for Alaska and Hawaii and any location not served by conventional shipping services. Over-size and over-weijht items and shipments rnay be subject to custom freight programs. 19 5.48 All shipping and re-stocking fees must be identified in the price program. Certain industries providing made to order product/equipment may not allow returns. Proposers will be evaluated based on the relative flexibility extended to NJPA and NJPA Members relating to those subjects. 5.49 Proposer agrees shipping errors will be at the expense of the Vendor. 5.50 Delivery effectiveness is very important aspect of this Contract. If completed deliveries are not made at the time agreed, NJPA or NJPA Member reserves the right to cancel and purchase elsewhere and hold Vendor accountable. If delivery dates cannot be met, Vendor agrees to advise NJPA or NJPA Member of the earliest possible shipping date for acceptance by NJPA or NJPA Member. 5.51 Delivered products/equipment must be properly packaged. Damaged equipment/products will not be accepted, or if the damage is not readily apparent at the time of delivery, the equipment/products shall be returned at no cost to NJPA or NJPA Member. NJPA and NJPA Members reserve the right to inspect the equipment/products at a reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of the equipment/products at the time of delivery. 5.52 Vendor shall deliver Contract conforming products/equipment in each shipment and may not substitute products/equipment without approval from NJPA or the NJPA Member. 5.53 NJPA reserves the right to declare a breach of Contract if the Vendor intentionally delivers substandard or inferior equipment/products which are not under Contract and described in its paper or electronic price lists or sourced upon request to any member under this Contract. In the event of the delivery of non-conforming equipment/products, NJPA Member will notify the Vendor as soon as possible and the Vendor will replace non-conforming equipment/products with conforming equipment/products acceptable to the NJPA member. 5.54 Throughout the term of the Contract, Proposer agrees to pay for return shipment on equipment/products that arrives in a defective or inoperable condition. Proposer must arrange far the return shipment of damaged equipment/products. 5.55 Vendor may not substitute equipment/products unless agreed to by both parties. 5.56 Unless contrary to other parts of this solicitation, if the product/equipment or the tender of delivery fail in any respect to conform to this Contract, the purchasing member may: 1) reject the whole, 2) accept the whole or 3) accept any commercial unit or units and reject the rest. ~ EVALUATION OF fRWOSALS A. PROPOSAL EVALUATION PROCESS 6.1 The NJPA Proposal Evaluation Committee will evaluate proposals received based on a 1,000 point evaluation system. The Committee establishes both the evaluation criteria and designates the relative importance of those criteria by assigning possible scores for each category on Form G of this RFP. 6.2 NJPA shall use a final overall scoring system to include consideration for best price and cost evaluation. NJPA reserves the right to assign any number of point awards or penalties it considers warranted if a Proposer stipulates exceptions, exclusions, or limitations of liabilities. Strong consideration will be given to the best price as it relates to the quality of the product and service. However, price is ultimately only one of the factors taken into consideration in the evaluation and award. 63L Responses will be evaluated first for responsiveness and thereafter for content. The NJPA Board of Directors will make awards to the selected Proposer(s) based on the recommendations of the Proposal 20 Evaluation Committee. To qualify for the final evaluation, a Proposer most have been deemed responsive as a result of the criteria set forth under "Proposer Responsiveness" B. PROPOSER RESPONSIVENESS 6.44 All responses are evaluated for level one level 2 responsiveness. If a response does not reasonably and substantially conform to all the teams and conditions in the solicitation or it requests unreasonable exceptions, it may be considered non-responsive. 6,.5 All proposals must contain answers or responses to the information requested in the proposal forms. The following items constitute the test for "Level One Responsiveness" and are determined on the proposal opening date. If these are not received, your response may be disqualified as non-responsive. 6.66 Level One Responsiveness includes: 6.6.1 received prior to the deadline for submission or it will be returned unopened; 6.6.2 properly addressed and identified as a sealed proposal with a specific opening date and time; 6.6.3 the required certificate of liability insurance, pricing document (with apparent discounts), answer to the level of discount (Form P, question 19) and all forms fully completed even if "not applicable" is the answer; 6.6.4 original signed, completed and dated RFP forms C, D, and F hard copy signed signature page Only from forms A and P from this RFP and if applicable, all -counter signed addenda issued in relation to this RFP; 6.6.5 an electronic copy (CD or flash drive) of the entire response; and 6.6.6 falls within the scope as determined by the NJPAs Proposal Evaluation Committee. 6.7 "Level Two" responsiveness is determined through the evaluation of the remaining items listed under Proposal Evaluation Criteria below. These items are not arranged in order of importance and each item may encompass multiple areas of information requested. Any questions not answered will result in a loss of points from relevant Form G criteria and may lead to non-award if too many areas are unanswered resulting in the inability for evaluation team to effectively review your response. C. PROPOSAL EVALUATION CRITERIA 6.8 Evaluation Criteria: Forms A and P includes a series of questions encompassing, but not limited to, the following categories: 6.8.1 Company Information & Financial Strength 6.8.2 Industry Requirements & Marketplace Success 6.8.3 Ability to Sell & Deliver Service Nationwide 6.8.4 Marketing Plan 6.8.5 Other Cooperative Procurement Contracts 6.8.6 Value Added Attributes 6.8.7 Payment Terms & Financing Options 6.8.8 Warranty 21 6.8.9 Equipment/Products/Services 6.8.10 Pricing & Delivery 6.8.11 Industry Specific Items b69 Evaluation of each Proposer's Response will take into consideration as a minimum response but not necessarily limited to these items. D. OTHER CONSIDERATION 6.10 The Proposer is required to have extensive knowledge and at least three (3) years of experience with the related activities surrounding the selling of the equipment/products and/or related services. 6.11 NJPA reserves the right to accept or reject newly formed companies solely based on information provided in the proposal and/or its own investigation of the company. 6.12 If a manufacturer or supplier chooses not to produce or supply a full selection and representation of product/equipment and related services it has available which fall within the scope of this RFP, such action will be considered sufficient cause to reduce evaluation points. 6.13 NJPA reserves the right to request and test equipment/products and related services from the apparent successful Proposer. Prior to the award of the Contract, the apparent successful Proposer, if requested by NJPA, shall furnish current infonnation and data regarding the Proposer's resources, personnel, and organization within three (3) days. 6.14 Past performance information is relevant information regarding a Proposer's actions under previously awarded contracts to schools, local, state, and governmental agencies and non-profit agencies. It includes the Proposer's record of conforming to specifications and standards of good workmanship. The Proposer's history for reasonable and cooperative behavior and commitment to member satisfaction shall be under evaluation. Ultimately, Past Performance Information can be defined as the Proposer's businesslike concern for the interests of the NJPA Member. 6.15 NJPA shall reserve the right to reject any or all proposals. E. COST COMPARISON 6.16 NJPA uses a variety of evaluation methodologies, including but not limited to a cost comparison of specific and deemed to be like equipment/products. NJPA reserves the right to use this process in the event the Proposal Evaluation Committee feels it is necessary to make a final determination. 6.17 This process will be based on a point system with points being awarded for being low to high Proposer for each cost evaluation item selected. • A "Market Basket" of identical (or substantially similar) equipment/products and related services may be selected by the NJPA Evaluation Committee and the unit cost will be used as a basis for determining the point value. The "Market Basket" will be selected by NJPA from all product categories as determined appropriate by NJPA. F. MARKETING PLAN 6.18 A key element of an NJPA awarded a contract will be based on your marketing response to this solicitation. An awarded Vendor's sales force will be the primary source of communication to the customers and NJPA members directly relating to the contract success. Success in marketing is dependent on delivery of messaging and communication relating to the contract value, knowledge of contract, proper use and the delivery of contracted equipment/products and related services to the end user. Much of the success and sales reward is a direct result of the corrimitment to the Contract by the vendor and sales teams. NJPA reserves the right to deem a proposer non-responsive or to not award based on an unacceptable or incomplete marketing plan 6.19 NJPA marketing expectations include: 6.19.1 Vendors ability to demonstrate the leveraging of a national sales force and/or dealer network. Vendors must demonstrate the ability to sell, service and deliver products and equipment through acceptable distribution channels to customers and NJPA members in all 50 states. Demonstrate Rilly the sales and service capabilities of your company through your response; outline Vendor's national sales force network in terms of numbers and geographic location and method of distribution of the equipment/products and related services. Service may be independent of the equipment/product sales pricing but is encouraged to be a part of your response and contract. 6.19.2 Vendor is invited to demonstrate the ability to successfully market, promote and communicate the opportunity of an NJPA contract to current and potential members nationwide. NJPA desires a marketing plan that communicates the value of the contract to members. 6.19.3 Vendor is expected to be receptive to NJPA sales trainings. Vendor shall provide a venue for appropriate personnel from both management and the sales. force who will be trained. NJPA commits to providing contract sales training and awareness regarding all aspects of communicating the value of the contract itself including: the authority of NJPA to offer the contract to its Members; value and utility the contract delivers to NJPA Members, scope of NJPA Membership, authority of NJPA Members to utilize NJPA procurement contracts, marketing and sales methods, and overall vertical strategies. 6.19.4 Vendor is expected to demonstrate the intent to a commit to full embracement of the NJPA contract. Identify the appropriate levels of sales management and sales force that will need to understand the value of and the internal procedures necessary, to deliver the NJPA contract solution and message to NJPA and NJPA Members. NJPA shall provide a general schedule and a variety of methods surrounding when and how those individuals will be trained. 6.19.5 Vendor will outline their proposed involvement in the promotion of a contract resulting from this RFP through applicable industry trade show exhibits and related customer meetings. Proposers are encouraged to consider participation with NJPA at NJPA embraced national trade shows. 6.19.6 Vendor must exhibit the willingness and ability to actively market and develop contract specific marketing materials including, but not limited to: 6.19.6.1 Complete Marketing; Plan. Proposer shall submit a marketing plan outlining how the Vendor will launch the NJPA contract to current and potential NJPA Members. NJPA requires the Awarded Vendors to embrace and actively promote the Contract in cooperation with the NJPA. 6.19.6.2 Printed Marketing Materials. Proposer will initially produce and thereafter maintain full color print advertisements in camera ready electronic format including company logo and contact information to be used in the NJPA directory and other approved marketing publications. 6.19.6.3 Contract announcements and advertisements. Proposer will outline in the marketing plan their anticipated contract announcements, advertisements in industry periodicals and other direct or indirect marketing activities promoting the awarded NJPA contract. 23 6.19.6.4 ]Proposer's Website. Proposer will identify how an Awarded Contract will be displayed and linked on the Proposer's website. An. on-line shopping experience for NJPA Members is desired when applicable. 6.19.7 An NJPA Vendor Contract launch will be scheduled during a reasonable time frame after the award and held at the NJPA office in Staples, MN. 6.20 Proposer shall identify their commitment to develop a sales/communication process to facilitate NJPA membership and establish status of current and potential agencies/members. Proposer should further express their commitment to capturing sufficient member information as is deemed necessary by NJPA. G. CERTIFICATE OF INSURANCE 6.21 Vendors shall provide evidence of liability insurance coverage identified below in the form of a Certificate of Insurance or an ACCORD binder form with their proposal. Upon Award issued pursuant to this contract and prior to the execution of any commerce relating to such award, Vendor will be responsible for providing verification, in the form of a Certificate of Insurance identifying the coverage required below and identifying NJPA as a "Certificate Holder." Vendor will be responsible to maintain such insurance coverage at their own expense throughout the tern of any contract resulting from this solicitation. 6.22 Any exceptions and/or assumptions to the insurance requirements nurst be identified on Attachment C. Exceptions and/or assumptions will be taken into consideration as part of the evaluation process; however, vendors must be specific. If vendors do not specify any exceptions and/or assumptions at time of proposal submission, NJPA will not consider any additional exceptions and/or assumptions during negotiations. Upon contract award, the successful vendor must provide the Certificate of Insurance identifying the coverage as specified 6.23 Insurance Liability Limits: The awarded vendor must maintain, for the duration of its contract, $1.5 million in General Liability insurance coverage or General Liability insurance in conjunction with an Umbrella for a total combined coverage of $1.5 million. Work on the contract shall not begin until after the awarded vendor has submitted acceptable evidence of the required insurance coverage. Failure to maintain any required insurance coverage or acceptable alternative method of insurance will be deemed a breach of contract. 6.23.1 Minimum Scope and ]Limits of Insurance: Vendor shall provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirerrrents provided that the coverage is written on a "following form" basis. 6.23.1.1 Commercial General Liability-- Occurrence Form Policy shall include bodily injury, property damage and broad fonn contractual liability and XCU coverage. 6.23.1.2 Each Occurrence $1,500,000 6.24 Insurance Requirements: The limits listed herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. NJPA in no way warrants that the minimum limits contained herein are sufficient to protect the Vendor from liabilities that might arise out of the performance of the work under this Contract by the Vendor, his agents, representatives, employees or subcontractors and Vendor is free to purchase additional insurance as may be determined necessary. 24 6.25 Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the State of Minnesota and with an "A.M. Best" rating of not less than A- VII. NJPA in no way warrants that the above required minimum insurer rating is sufficient to protect the Vendor from potential insurer solvency. 6.26 Subcontractors: Vendors' certificate(s) shall include all subcontractors as additional insureds under its policies or Vendor shall furnish to NJPA separate certificates for each subcontractor. All coverage for subcontractors shall be subject to the minimum requirements identified above. H. ORDER PROCESS AND/OR FUNDS FLOW 6.27 Please propose an order process and funds flow. The Business-to-Govermnent order process and/or funds flow model involves NJPA Members issuing Purchase Orders directly to a Vendor and pursuant to a Contract resulting from this RFP. Administrative fees may also be used for purposes as allowed by Minnesota State Law and approved by the Board of Directors. 6.28 Additional Terns and Conditions can be added at the PO level if both Vendor and Member agree. 1. ADMINISTRATIVE FEES 6.29 Proposer agrees to authorize and/or allow for an administrative fee payable to NJPA by an Awarded Vendor in exchange for its facilitation and marketing of a Contract resulting from this RFP to current and potential NJPA Members. This Administration Fee shall be: 6.29.1 Calculated as a percentage of the dollar volume of all equipment/products and services provided to and purchased by NJPA Members or calculated as reasonable and acceptable method applicable to the contracted transaction; and 6.29.2 Included in, and not added to, the pricing included in Proposer's Response to the RFP; and 6.29.3 Designed to offset the anticipated costs of NJPA's involvement in contract management, facilitating marketing efforts, Vendor training, and any.order processing tasks relating to the Contract resulting from this RFP. Administrative fees may also be used for other purposes as allowed by Minnesota law. Administrative fees may also be used for other purposes as allowed by Minnesota law. 6.29.4 Typical administrative fees for a B-TO-G order process and funds flow is 2.0%. NJPA does not mandate a specific fee percentage, we merely state that 2% is a typical fee across our contracts. The administrative fee percent varies among vendors, industries and responses. 6.29.5 NJPA awarded 'contract holder is responsible for the Administrative Fee and related reporting. 6.30 The opportunity to propose these factors and an appropriate administrative fee is available in the Proposer's Questionnaire Forn P. J. VALUE ADDED 6.31 Examples of Value Added Attributes: Value-Added attributes, products and services are items offered in addition to the products and services being proposed which adds value to those items being proposed. The availability of a contract for maintenance or service after the initial sale, installation, and set-up may, for instance, be "Value Added Services" for products where a typical buyer may not have the ability to perform these functions. 25 6.32 Where to document Value Added Attributes: The opportunity to indicate value added dimensions and such advancements will be available in the Proposer's Questionnaire and Proposer's product and service submittal. 6.33 Value added equipment/products and services and expanded services, as they relate to this RFP, will be given positive consideration in the award selection. Consideration will be given to an expanded selection of "PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES", and advances to provide products/services, supplies meeting and/or exceeding today's industry standards and expectations. A"value add would include a program or service that further serves the members needs above and possibly beyond standard expectation and complements the equipment/products and services and training. Value added could include areas of product and service, sales, ordering, delivery, performance, maintenance, technology, and service that furthers the functionality and effectiveness of the procurement process while remaining within the scope of this RFP. 6.34 Minority, Small Business, and Women Business Enterprise (WMBE) participation: It is the policy of some NJPA Members to involve Minority, Small Business, and WMBE contractors in the process to purchase product/equipment and related services. Vendors should document WMBE status for their organization AND any such status of their affiliates (i.e. Supplier networks) involved in carrying out the activities invited. The ability of a Proposer to provide "Credits" to NJPA and NJPA Members in these subject areas, either individually or through related entities involved in the transaction, will be evaluated positively by NJPA and reflected in the "value added" area of the evaluation. NJPA is committed to facilitating the realization of such "Credits" through certain structuring techniques for transactions resulting from this RFP. 6.35 Environmentally Preferred Purchasing Opportunities: There is a growing trend among NJPA Members to consider the enviromnental impact of the equipment/products and related services they purchase. "Green" characteristics demonstrated by responding companies will be evaluated positively by NJPA and reflected in the "value added" area of the evaluation. Please identify any Green characteristics of the product/equipment and related services in your proposal and identify the sanctioning body detennining that characteristic. Where appropriate, please indicate which products have been certified as "green" and by which certifying agency. 6.36 On-Line Requisitioning systems: When applicable, on-line requisitioning systems will be viewed as a value-added characteristic. Proposer shall include documentation about user interfaces that make on- line ordering easy for NJPA Members as well as the ability to punch-out from mainstream e-Procurement or Enterprise Resource Planning (ERP) systems that NJPA Members may currently utilize. 6.37 Financing: The ability of the Proposer to provide financing options for the products and services being proposed will be viewed as a Value Added Attribute. 6.35 Technology: Technological advances, increased efficiencies, expanded service and other related improvements beyond today's NJPA member's needs and applicable standards. K. WAIVER OF FORMALITIES 639 NJPA reserves the right to waive any minor formalities or irregularities in any proposal and to accept proposals, which, in its discretion and according to the law, may be in the best interest of its members. 7 POST A`\,?%7ARD OPEPRATING LSSUIES A. SUBSEQUENT AGREEMENTS 7.11 Purchase Order. Purchase Orders for equipment/products and/or related services may be executed between NJPA or NJPA Members (Purchaser) and awarded Vendor(s) or Vendor's sub-contractors pursuant to this invitation and any resulting Contract. NJPA Members are instructed to identify on the 26 face of such Purchase Orders that "This purchase order is issued pursuant to NJPA procurement contract #XXXXXX. " A Purchase Order is an offer to purchase product/equipment and related services at specified prices by NJPA or NJPA Members pursuant to a Contract resulting from this RFP. Purchase Order flow and procedure will be developed jointly between NJPA and an Awarded Vendor after an award is made. 7.2 Governing Law. Purchase Orders shall be construed in accordance with, and governed by, the laws of a competent jurisdiction with respect to the purchaser. Each and every provision of law and clause required by law to be included in the Purchase Order shall be read and enforced as though it were included. If through mistake or otherwise any such provision is not included, or is not currently included, then upon application of either party the Contract shall be physically amended to make such inclusion or correction. The venue for any litigation arising out of disputes related to Purchase Order(s) shall be a court of competent jurisdiction to the Purchaser. 743 Additional Terms and Conditions. Additional terns and conditions to a Purchase Order may be proposed by NJPA, NJPA Members, or Vendors. Acceptance of these additional terms and conditions is OPTIONAL to all parties to the Purchase Order. The purpose of these additional terms and conditions is to formally introduce job or industry specific requirements of law such as prevailing wage legislation. Additional terns and conditions can include specific local policy requirements and standard business practices of the issuing Member. Said additional terns and conditions shall not interfere with the general purpose, intent or currently established terms and conditions contain in this RFP document. 744 Specialized Service Requirements. In the event service requirements or specialized performance requirements such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements not addressed in the Contract resulting from this RFP, NJPA Member and Vendor may enter into a separate, standalone agreement, apart from a Contract resulting from this RFP. Any proposed service requirements or specialized performance requirements require pre-approval by Vendor. Any separate agreement developed to address these specialized service or performance requirements is exclusively between the NJPA Member and Vendor. NJPA, its agents, Members and employees shall not be made party to any claim for breach of such agreement. Product sourcing is not considered a service. NJPA Members will need to conduct procurements for any specialized services not identified as a part or within the scope of the awarded Contract. 745 Performance ]Bond. At the request of the member, a Vendor will provide all performance bonds typically and customarily required in their industry. These bonds will be issued pursuant to the requirements of Purchase Orders for product/equipment and related services. If a purchase order is cancelled for lack of a required performance bond by the member agency, it shall be the recommendation of NJPA that the current pending Purchase Order be canceled. Each member has the final decision on Purchase Order continuation. ANY PERFORMANCE BONDING REQUIRED BY THE MEMBER OR CUSTOMER STATE LAWS OR LOCAL POLICY IS TO BE MUTUALLY AGREED UPON AND SECURED BETWEEN THE VENDOR AND THE CUSTOMERIMEMBER. B. NJPA MEMBER SIGN-UP PROCEDURE 77.6 Awarded Vendors will be responsible for familiarizing their sales and service forces with the various forms of NJPA Membership documentation and shall encourage and assist potential Members in establishing Membership with NJPA. NJPA membership is at no cost, obligation or liability to the Member or the Vendor. C. REPORTING OF SALES ACTIVITY 747 A report of the total gross dollar volume of all equipment/products and related services purchased by NJPA Members as it applies to this RFP and Contract will be provided quarterly to NJPA. The form and content of this reporting will provided by NJPA to include, but not limited to, name and address of purchasing agency, member number, amount of purchase, and a description of the items purchased. 27 7.7.1 Zero sales reports: Awarded Vendors are responsible for providing a quarterly sales report of contract sales every quarter regardless of the existence or amount of sales. D. AUDITS 7.88 No more than once per calendar year during the Contract term, Vendor may be required to make available to NJPA the invoice reports and/or invoice documents from Vendor pertaining to all invoices sent by Vendor and all payments made by NJPA members for all equipment/products and related services purchased under the awarded Contract. NJPA must provide written notice of exercise of this requirement with no less than fourteen (14) business days' notice. NJPA may employ an independent auditor or NJPA may choose to conduct such audit on its own behalf. Upon approval and after the auditor has executed an appropriate confidentiality agreement, Vendor will permit the auditor to review the relevant Vendor documents. NJPA shall be responsible for paying the auditor's fees. The parties will make every reasonable effort to fairly and equitably resolve discrepancies to the satisfaction of both, parties. Vendor agrees that the NJPA may audit their records with a reasonable notice to establish total compliance and to verify prices charged under of the Contract are being met. Vendor agrees to provide verifiable documentation and tracking in a timely manner. E. HUB PARTNER .99 Hub Partner: NJPA Members may request to be served through a "Hub Partner" for the purposes of complying with a Law, Regulation, or Rule to which that individual NJPA Member deems to be applicable in their jurisdiction. Hub Partners may bring value to the proposed transactions through consultancy, Disadvantaged Business Entity Credits or other considerations. 7.10 Hub Partner Fees: Fees, costs, or expenses from this Hub Partner levied upon a transaction resulting from this contract, shall be payable by the NJPA Member. The fees, costs, or expenses levied by the Hub Vendor must be clearly itemized in the transaction; and to the extent that the Vendor stands in the chain of title during a transaction resulting from this RFP, the documentation shall be documented to show it is "Executed for the Benefit of [NJPA Member Name]" F. TRADE-INS 7.11 The value in US Dollars for Trade-ins will be negotiated between NJPA or an NJPA Member, and an Awarded Vendor. That identified "Trade-In" value shall be viewed as a down payment and credited in full against the NJPA purchase price identified in a purchase order issued pursuant to any Awarded NJPA procurement contract. The full value ofthe trade-in will be consideration. G. OUT OF STOCK NOTIFICATION 7.12 Vendor shall immediately notify NJPA members upon receipt of order(s) when an out-of-stock occurs. Vendor shall inform the NJPA member regarding the anticipated date of availability for the out- of-stock item(s), and may suggest equivalent substitute(s). The ordering organization shall have the option of accepting the suggested equivalent substitute, or canceling the item from the order. Under no circumstance is Proposer pennitted to make unauthorized substitutions. Unfilled or substituted item(s) shall be indicated on the packing list. H. TERMINATION OF CONTRACT RESULTING FROM THIS RFP 7.13 NJPA reserves the right to cancel the whole or any part of a resulting Contract due to failure by the Vendor to carry out any obligation, term or condition as described in the below procedure. Prior to any termination for cause, the NJPA will provide written notice to the Vendor, opportunity to respond and opportunity to cure. Some examples of material breach include, but are not limited to: 28 7.13.1 The Vendor provides products/equipment or related services that does not meet reasonable quality standards and is not remedied under the warranty; 7.13.2 The Vendor fails to ship the products/equipment or related services or provide the delivery and services within a reasonable amount of time; 7.13.3 NJPA has reason to believe the Vendor will not or cannot perform to the requirements or expectations of the Contract and issues a request for assurance and Vendor fails to respond; 7.13.4 The Vendor fails to observe any of the material terms and conditions of the Contract; 7.13.5 The Vendor fails to follow the established procedure for purchase orders, invoices and/or receipt of funds as established by the NJPA and the Vendor in the Contract. 7.13.6 The Vendor fails to report quarterly sales; 7.13.7 The Vendor fails to actively market this Contract within the guidelines provided in this RFP and the expectations of NJPA defined in the NJPA Contract Launch. 7.13.8 In the event the contract has no measurable and defining value or benefit to NJPA or the NJPA member. 714 Upon receipt of the written notice of concern, the Vendor shall have ten (10) business days to provide a satisfactory response to the NJPA. Failure on the part of the Vendor to reasonably address all issues of concern may result in Contract cancellation pursuant to this Section. If the issue is not resolved within sixty (60) days, contract will be tenminated. 7.15 Any termination shall have no effect on purchases that are in progress at the time the cancellation is received by the NJPA. The NJPA reserves the right to cancel the Contract immediately for convenience, without penalty or recourse, in the event the Vendor is not responsive concerning the remedy, the performance, or the violation issue within the time frame, completely or in part. 7.16 NJPA reserves the right to cancel or suspend the use of any Contract resulting from this RFP if the Vendor files for bankruptcy protection or is acquired by an independent third party. Awarded Vendor will be responsible for disclosing to NJPA any litigation, bankruptcy or suspensions/disbarments that occur during the contract period. Failure to disclose may result in an immediate termination of the contract. 7.17 Either party may execute Contract termination without cause with a required 60-day written notice of termination. Termination of Contract shall not relieve either party of financial, product or service obligations incurred or accrued prior to termination. 7.13 NJPA may cancel any Contract resulting from this solicitation without any further obligation if any NJPA employee significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the NJPA is found to be in collusion with any Proposer to this RFP for their personal gain. Such cancellation shall be effective upon written notice from the NJPA or a later date if so designated in the notice given. A terminated Contract shall not relieve either party of financial, product or service obligations due to participating member or NJPA. 7.19 Events of Automatic termination to include, but not limited to: 29 7.19.1 Vendor's failure to remedy a material breach of a Contract resulting from this RFP within sixty (60) days of receipt of notice from NJPA specifying in reasonable detail the nature of such breach; and/or, 7.19.2 Receipt of written information frown any authorized agency finding activities of Vendors engaged in pursuant to a Contract resulting from this RFP to be in violation of the law. 8 GENERAL TERMS AND CONDITIONS A. ADVERTISING A CONTRACT RESULTING FROM THIS RFP 8_l ProposcrNendor shall not advertise or publish information concerning this Contract prior to the award being announced by the NJPA. Once the award is made, a Vendor is expected to advertise the awarded Contract to both current and potential NJPA Members. B. APPLICABLE LAW 882 NJPA's interest in a contract resulting from this RFP: Not withstanding its own use, to the extent NJPA issues this RFP and any resulting contract for the use of its Members, NJPA's interests and liability for said use shall be limited to the competitive proposal process performed and terms and conditions relating to said contract and shall not extend to the products, services, or warranties of the Awarded Vendor or the intended or unintended effects of the product/equipment and services procured there from. 88.3 NJPA Compliance with Minnesota Procurement Law: NJPA will exhaust all avenues to comply with each unique state law or requirement whenever possible. It is the responsibility of each participating NJPA member to ensure to their satisfaction that NJPA contracting process falls within these laws and applicable laws are satisfied. An individual NJPA member using these contracts is deemed by their own accord to be in compliance with their own requirements and procurement regulations. 8.4 Governing Law with respect to delivery and acceptance: All applicable portions of the Minnesota Uniforin Commercial Code, all other applicable Minnesota laws, and the applicable laws and rules of delivery and inspection of the Federal Acquisition Regulations (FAR) laws shall govern NJPA contracts resulting from this solicitation. 8.55 Jurisdiction: Any claims pertaining to this RFP and any resulting Contract that develop between NJPA and any other party must be brought forth only in courts in Todd County in the State of Minnesota unless otherwise agreed to. 8.5.1 Purchase Orders issued pursuant to a contract resulting from this solicitation shall be. construed in accordance with, and governed by, the laws of a competent jurisdiction with respect to the purchaser. 886 Vendor Compliance with applicable law: Vendor(s) shall comply with all federal, state, or local laws applicable to or pertaining to the transaction, acquisition, manufacturer, suppliers or the sale of the equipment/products and relating services resulting from this RFP. 8.7 Other Laws, whether or not herein contained, shall be included by this reference. It shall be Proposer's/Vendor's responsibility to determine the applicability and requirements of any such laws and to abide by them. 88.8 Indemnity: Each party agrees it will be responsible for its own acts and the result thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. NJPA's liability shalt be governed by the 'provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section §3.736, and other applicable law. 30' 839 Prevailing Wage: It shall be the responsibility of the Vendor to comply, when applicable, with prevailing wage legislation in effect in the jurisdiction of the purchaser (NJPA or NJPA Member). It shall be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this Contract and adjust wage rates accordingly. 8.14 Patent and Copyright Infringement: If an article sold and delivered to NJPA or NJPA Members hereunder shall be protected by any applicable patent or copyright, the Vendor agrees to indemnify and hold harmless NJPA and NJPA Members against any and all suits, claims, judgments, and costs instituted or recovered against it by any person on account of the use or sale of such articles by NJPA or NJPA Members in violation or right under such patent or copyright. C. ASSIGNMENT OF CONTRACT 8.11 No right or interest in this Contract shall be assigned or transferred by the Vendor without prior written permission by the NJPA. No delegation of any duty of the Vendor shall be made without prior written permission of the NJPA. NJPA shall notify members by posting approved assignments on the NJPA website (www.nipacoomortr) within 15 days of NJPA's approval. 8.12 If the original Vendor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor in interest must guarantee to perform all obligations under this Contract. NJPA reserves the right to reject the acquiring person or entity as a Vendor. A change of name agreement will not change the contractual obligations of the Vendor. D. LIST OF PROPOSERS 8.13 NJPA will not maintain or communicate to a list of proposers. All interested proposers must respond to the solicitation as a result of NJPA solicitation advertisements indicated. Because of the wide scope of the potential Members and qualified national Vendors, NJPA has determined this to be the best method of fairly soliciting proposals. E. CAPTIONS, HEADINGS, AND ILLUSTRATIONS 8.14 The captions, illustrations, headings, and subheadings in this solicitation are, for convenience and ease of understanding and in no way define or limit the scope or intent of this,request. F. DATA PRACTICES 8.15 All materials submitted in response to this RFP will become property of the NJPA and will become public record in accordance with Minnesota Statutes, section 13.591, after the evaluation process is completed. If the Responder submits information in response to this RFP that it believes to be nonpublic information, as defined by the Minnesota Government Data Practices Act, Minnesota Statute s J3.37, the Responder must: 8.15.1 make the request within thirty days of award/non-award, and include the appropriate statutory justification. Pricing is generally not redactable. The NJPA Legal Department shall review the statement to determine whether the information shall be withheld. If the NJPA determines to disclose the information, the Bids & Contracts department of the NJPA shall inform the Proposer, in writing, of such determination; and 8.15.2 defend any action seeking release of the materials it believes to be nonpublic information, and indemnify and hold harmless the NJPA, its agents and employees, from any judgments or damages awarded against the NJPA in favor of the party requesting the materials, and any and all costs connected with that defense. 31 8.16 This indemnification survives the NJ-PA's award of a contract. In submitting a response to this -FP, the Responder agrees that this indemnification survives as long as the confidential information is in possession of the NJPA. When the situation warrants, Proposer may be able redact additional nonpublic information after the evaluation process if legal justification is provided and accepted by NJPA. G. ENTIRE AGREEMENT 8.17 The Contract, as defined herein, shall constitute the entire understanding between the parties to that Contract. A Contract resulting from this RFP is formed when the NJPA Board of Directors approves and signs the applicable Contract Award & Acceptance document (Form E). H. FORCE MAJEURE 8.18 Except for payments of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented due to force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence including, but not limited to, the following: acts of God, acts of the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, snow, earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks, blizzards, hail storms, volcanic eruptions, meteor strikes, famine, sink holes, avalanches, lockouts, injunctions- intervention-acts, terrorist events or failures or refusals to act by govermnent authority and/or other similar occurrences where such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring force majeure notifies the other party of the existence of the force majeure and shall be deerned to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with a Contract resulting from this RFP. Force majeure shall not include late deliveries of equipment/products and services caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies, or other similar occurrences. If either party is delayed at any time by force majeure, then the delayed party shall notify the other party of such delay within forty-eight (48) hours. I. GRATUITIES 8.19 NJPA may cancel an awarded Contract by written notice if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Vendor or any agent or representative of the Vendor, to any employee of the NJPA. J. HAZARDOUS SUBSTANCES 8.24 Proper and applicable Material Safety Data Sheets (MSDS) that are in full compliance with OSHA's Hazard Communication Standard must be provided by the Vendor to NJPA or NJPA Member at the time of purchase. K. LICENSES 8.21 Proposer shall maintain a current status on all required federal, state, and local licenses, bonds and permits required for the operation of the business that is anticipated to be conducted with NJPA and NJPA members by the Proposer. 8.22 All responding Proposers must be licensed (where required) and have the authority to sell and distribute offered equipment/produets and related services to NJPA and NJPA Members nationally. Documentation of required said licenses and authorities, if applicable, is requested to be included in the proposer's response. 32 L. MATERIAL SUPPLIERS AND SUB-CONTRACTORS 8.23 The awarded Vendor shall be required to supply the names and addresses of sourcing suppliers and sub-contractors as a part of the purchase order when requested by NJPA or the NJPA member. M. NON-WAIVER OF RIGHTS 8.24 No failure of either party to exercise any power given to it hereunder, nor to insistence upon strict compliance by the other party with its obligations hereunder, Ind no custom or practice of the parties at variance with the terms hereof, nor any payment under a Contract resulting from this RFP shall constitute a waiver of either party's right to demand exact compliance with the terms hereof. Failure by NJPA to take action or assert any right hereunder shall not be deemed as waiver of such right. N. PROTESTS OF AWARDS MADE 8.25 Protests shall be filed with the NJPA's Executive Director and shall be resolved in accordance with appropriate Minnesota state statutes. Protests will only be accepted from Proposers. A protest must be in writing and filed with NJPA. A protest of an award or proposed award must be filed within ten (10) calendar days after the public notice or announcement of the award. A protest must include: 3.25.1 The name, address and telephone number of the protester; 8.25.2 The original signature of the protester or its representative (you must document the authority of the Representative); 8.25.3 Identification of the solicitation by RFP number; 8.25.4 Identification of the statute or procedure that is alleged to have been violated; 8.25.5 A precise statement of the relevant facts; 8.25.6 Identification of the issues to be resolved; 8.25.7 The aggrieved party's argument and supporting documentation; 8.25.8 The aggrieved party's statement of potential financial damages; and 8.25.9 A protest bond in the name of NJPA and in the amount of 10% of the aggrieved party's statement of potential financial damages. 0. SUSPENSION OR DISBARMENT STATUS 8.26 If within the past five (5) years, any firm, business, person or Proposer responding to NJPA solicitation and submitting a proposal has been lawfully terminated, suspended or precluded from participating in any public procurement activity with a federal, state or local government or education agency the Proposer must include a letter with its response setting forth the name and address of the public procurement unit, the effective date of the suspension or debarment, the duration of the suspension or debarment and the relevant circumstances relating to the suspension or debarment. Any failure to supply such a letter or to disclose pertinent information may result in the cancellation of any Contract. By signing the proposal affidavit, the Proposer certifies that no current suspension or debarment exists. P. AFFIRMATIVE ACTION AND IMMIGRATION STATUS CERTIFICATION 8.27 An Affirmative Action Plan, Certificate of Affirmative Action or other documentation regarding Affirmative Action may be required by NJPA or NJPA Members relating to a transaction from this RFP. Vendors shall comply with any such requirements or requests. 33 8.28 Inunigration Status Certification may be required by NJPA or NJPA Members relating to a transaction from this RFP. Vendors shall comply with any such requirements or requests. Q. SEVERABILITY 8.29 In the event that any of the terms of a Contract resulting from this RFP are in conflict with any rule, law, statutory provision or are otherwise unenforceable under the laws or regulations of any government or subdivision thereof, such terms shall be deemed stricken from an awarded Contract resulting from this RFP, but such invalidity or unenforceability shall not invalidate any of the other terms of an awarded Contract resulting from this RFP. R. RELATIONSHIP OF PARTIES 8.30 No Contract resulting from this RFP shall be considered a contract of employment. The relationship between NJPA and an Awarded Contractor is one of independent contractors each free to exercise judgment and discretion with regard to the conduct of their respective businesses. The parties do not intend the proposed Contract to create, or is to be construed as creating a partnership, joint venture, master-servant, principal-agent, or any other relationship. Except as provided elsewhere in this RFP, neither party may be held liable for acts of omission or commission of the other party and neither party is authorized or has the power to obligate the other party by contract, agreement, warranty, representation or otherwise in any manner whatsoever except as may be expressly provided herein. ~ I~ru+LbI;/llS ITHE 1R.lEST OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK.] 34 Form A PROPOSER QUESTIONNAIRE- General Business Information (Products, Pricing, Sector Specific, Services, Terms and Warranty are addressed on Form P Proposer Name: Questionnaire completed by: Please identify the person NJPA should correspond with from now through the Award process: Name: E-Mail address: Provide an answer to all questions directly below each question (do not leave blank, mark NA if not applicable) and address all requests made in this RFP. Please supply any applicable supporting information and documentation you feel appropriate in addition to answers entered to the Word document. All information must be typed, organized, and easily understood by evaluators. Please use the Microsoft Word document version of this questionnaire to respond to the questions contained herein. Company Information & Financial Strength 1) Why did you respond to this RFP? 2) What are your company's expectations in the event of an award? 3) Provide the full legal name, address, tax identifications number, and telephone number for your business. 4) Demonstrate your financial strength and stability. 5) Are you now, or have you ever been the subject of a bankruptcy action? Please explain. 6) Provide a brief history of your company that includes your company's core values and business philosophy. 7) How long has your company been in the "PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES", industry? S) Is your organization best described as a manufacturer or a distributor/dealer/re-seller for a manufacturer of the products/equipment and related services being proposed? a) If the Proposer is best described as a re-seller, manufacturer aggregate, or distributor, please provide evidence of your authorization as a dealer/re-seller/rnanufacturer aggregate for the manufacturer of the products/equipment and related services you are proposing. b) If the Proposer is best described as a manufacturer, please describe your relationship with your sales/service force and/or Dealer Network in delivering the products/equipment and related services proposed. c) Are these individuals your employees, or the employees of a third party? d) If applicable, is the Dealer Network independent or company owned? 9) Please provide your bond rating, and/or a credit reference from your bank. 10) Provide a detailed. explanation outlining the licenses and certifications that are both required to be held, and actually held by your organization in pursuit of the commerce and business contemplated by this RFP. 11) Provide a detailed explanation outlining licenses and certifications both required to be held, and actually held, by third parties and sub-contractors to your organization in pursuit of the commerce contemplated by this RFP. If not applicable, please respond with "Not Applicable." 12) Provide all "Suspension or Disbarment" information as defined and required herein. 13) In addition to the $1.5 million in General Liability and/or in conjunction with umbrella insurance coverage, what level of automobile and workers compensation insurance does your organization currently have? If none, please explain. 14) Within the RFP category there is potential to be several different sub-categories of solutions; list sub category title/s that best describe your equipment/products, services and supplies. Industry Requirements &Marketplace Success 15) List and document recent industry awards and recognition. 16) Supply three references/testimonials from customers of like status to NJPA Members to include Government and Education agencies. Please include the customer's name, contact, and phone number. 35 17) Provide a list of your top 5 Government and/or Education customers (entity name is optional) including: entity type, the state the entity is located in, scope of the project/s, size of transaction/s and dollar volumes from the past 3 fiscal years. 18) What percentages of your current (within the past three (3) fiscal years) national sales are to the government. and education verticals? Indicate government and education verticals individually. Proposer's Ability to Sell and Deliver Service Nationwide 19) Please describe your company sales force in terms of numbers, geographic dispersion, and the proportion of their attention focused on the sale and services of the equipment/products contemplated in this RFP? 20) Please describe your dedicated dealer network and number of individual sales force within your dealer network in terms of numbers, geographic dispersion, and the proportion of their attention focused on the sales distribution and delivery of your equipment/products and related services contemplated in this RFP? 21) Please describe your dedicated company service force or dedicated network in terms of numbers, geographic dispersion, and the proportion of their attention focused on the sale of the equipment/products and related services contemplated in this RFP? 22) Please describe your dedicated dealer service force or network in terms of numbers geographic dispersion, and the proportion of their attention focused on the sale of the equipment/products and related services contemplated in this RFP? Additionally, please describe any applicable road service and do they offer the ability to service customers at the customer's location? 23) Describe in detail your customer service program regarding process and procedure. Please include, where appropriate, response time capabilities and commitments as a part of this RFP response and awarded contract. 24) Identify any geographic areas or NJPA market segments of the United States you will NOT be fully serving through the proposed contract. 25) Identify any of NJPA Member segments or defined NJPA verticals you will NOT be offering and promoting an awarded contract to? (Government, Education, Non-profit) 26) Define any specific requirements or restrictions as it applies to our members located off shores such as-Hawaii and Alaska and the US Islands. Address your off shore shipping program on the Pricing form P of this document. Marketing flan 27) Describe your contract sales training program to your sales management, dealer network and/or direct sales teams relating to a NJPA awarded contract. 28) Describe how you would market/promote an NJPA Contract nationally to ensure success. 29) Describe your marketing material, and overall marketing ability, relating to promoting this type of partnership and contract opportunity. Please send a few representative samples of your marketing materials in electronic format. 30) Describe your use of technology and the internet to provide marketing and ensure national contract awareness. 31) Describe your perception of NJPA's role in marketing the contract and your contracted products/equipment and related services. 32) Describe in detail any unique marketing techniques and methods as a part of your proposal that would separate you from other companies in your industry. 33) Describe your company's Senior Management level commitment with regards to embracement, promoting, supporting and managing a resultant NJPA awarded contract 34) Do you view your products/equipment applicable to an E-procurement ordering process? Yes No a) If yes, describe examples of E-procurement system/s or electronic marketplace solutions that your products/equipment was available through. Demonstrate the success of government and educations customers to ordering through E-procurement. 35) Please describe how you will communicate your NJPA pricing and pricing strategy to your sales force nationally? Other Cooperative Procurement Contracts 36) Identify all cooperative contracts hosted by any government or education agency or government or education cooperative or by a third party marketing company, which are marketed in more than one state, held or utilized by the Proposer. 36 37) What is the annual dollar sales volume generated through each of the contract(s) identified in your answer to the previous question. 38) Identify awarded WSCA or specific state procurement contracts held or utilized by the Proposer with any State of the United States. 39) What is the annual combined dollar sales volume for each of these contracts? 40) Identify any.GSA Contracts held or utilized by the Proposer. 41) If you are awarded the NJPA contract, are there any market segments or verticals (e.g., higher education, K-12 local goverrunents, non-profits etc.) or geographical markets where the NJPA contract will not be your primary contract purchasing vehicle? If so; please identify those markets and which cooperative purchasing agreement will be your primary vehicle. 42) If you are awarded the NJPA contract, is it your intention and commitment to lead with your NJPA contract? Yes No Explain and demonstrate your commitment and/or restrictions. 43) Identify a proposed administrative fee payable to NJPA for. facilitation, management and promotion of the NJPA contract, should you be awarded. This fee is typically calculated as a percentage of Contract sales and not a line item addition to the customers cost of goods. Value Added 44) If applicable, describe any product/equipment training programs available as options for NJPA members. If applicable, do you offer equipment operator training as well as maintenance training? Yes No 45) Is this training standard as a part of a purchase or optional? 46) Describe current technological advances your proposed equipment/products and related services offer. 47) Describe your "Green" program as it relates to your company, your products/equipment, and your recycling program, including a list of all green products accompanied by the certifying agency for each (if applicable). 48) Describe any Women or Minority Business Entity (WMBE) or Small Business Entity (SBE) accreditations and the general minority and small business program of your organization as it relates to a Contract resulting from this RF'P. 49) Identify any other unique or custom value added attributes of your company or your products/equipment or related services. What makes your proposed solutions unique in your industry as it applies to NJPA members? 50) Other than what you have already demonstrated or described, what separates your company, your products/equipment and related services from your competition? 51) Identify and describe any service contract options included in the proposal, or offered as a proposed option, for the products/equipment being offered. 52) Identify your ability and willingness to offer an awarded contract to qualifying member agencies in Canada specifically and internationally in general. 53) Describe any unique distribution and/or delivery methods or options offered in your proposal. NOTE: Questions regarding Payment Terms; Warranty, Products/Equipment/Services, Pricing and Delivery, and Industry Specific Items are addressed on Form P. Signature: Date: 37 - - IFOYn1 B PItO1POSEI2 INFORMATION Company Nance: Address: City/State/Zip: Phone: Fax: Toll Free Number: E-mail: Web site: Voids sometimes exist between management (those who respond to RFPs) and sales staff (those who contact NJPA Members) that result in communication problems. Due to this fact, provide the names of your key sales people, phone numbers, and geographic territories for which they are responsible COMPANY PERSONNEL CONTACTS Authorized Si6ner for vour organization*: Name: Email: Phone: * By executing Form F, the "Proposer's Assurance of Compliance," you are certifying this person identified here has their authorization to sign on behalf of your organization: Author of vour proposal response Name: Title: Email: Phone: Your Primary Contact person reQardina vour proposal: Name: Title: Email: Phone: Other important contact information: Name: Title: Email: Phone: Name: Title: Email: Phone: 38 Form C EXCEPTIONS TO PROPOSAL, TERMS, CONDITIONS AND SOLUTIONS RCOUEST 'd JPE1 l Company Name: Note: Original must be si4ned and inserted in the inside front cover pouch. Any exceptions to the Terms, Conditions, Specifications, or Proposal Forms contained herein shall be noted in writing and included with the proposal submittal- Proposer acknowledges that the exceptions listed may or may not be accepted by NJPA and may or may not be included in the final contract. NJPA may clarify exceptions listed here and document the results of those clarifications in the appropriate section below. Section/ age Term. Condition. or Specification Exception Proposer's Signature: Date: NJPA's clarification on exception/s listed above: 39 Contract Award RFP #031014 FORM D Formal Offering ,Ii~JPA of Proposal (To be completed Only by Proposer) PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES In compliance with the Request for Proposal (RFP) for "PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES", the undersigned warrants that I/we have examined this RFP and, being familiar with all of the instructions, terms and conditions, general specifications, expectations, technical specifications, service expectations and any special terms, do hereby propose, fully commit and agree to furnish the defined equipment/products and related services in full compliance with all terms, conditions of this RFP, any applicable amendments of this RFP, and all Proposer's Response documentation. Proposer further understands they accept the full responsibility as the sole source of responsibility of the proposed response herein and that the performance of any sub-contractors employed by the Proposer in fulfillment of this proposal is the sole responsibility of the Proposer. Company Name: Date: Company Address: City: State: Zip: Contact Person: Title: Authorized Signature (ink only): ~T (Name printed or typed) 40 Form E t~'°~ ayb p~ 3J tdeel kLSA~m~ )f ~a ~+'+p FYN N° r Contract Acceptance and Award (To be completed only by NJPA) NJPA Proposer's full legal name Your proposal is hereby accepted and awarded. As an awarded Proposer, you are now bound to provide the defined product,'equipment and services contained in your proposal offering according to all terms, conditions, and pricing set forth in this RFP, any amendments to this RFP, your Response, and any exceptions accepted or rejected by NJPA on Form C. The effective start date of the Contract will be .20- and continue for four years from the board award date. This contract has the consideration of a fifth year renewal option at the discretion of NJPA. National Joint Powers AllianceO (NJ1PA) NJPA Authorized signature: NJPA Executive Director (Name printed or typed) Awarded this day of , 20 NJPA Contract Number # 03101; NJPA Authorized signature: NJPA Board Member (Name printed or typed) Executed this clay of , 20 NJPA Contract Number # 031014 Proposer hereby accepts contract award including all accepted exceptions and NJPA clarifications identified on FORM C. Vendor Name Vendor Authorized signature: (Maine printed or typed) Title: Executed this day of , 20 NJPA Contract Number # 03101 41 Form F c,? PROPOSER ASSURANCE OF COMPLIANCE Proposal Affidavit Signature Page PROPOSER'S AFFIDAVIT The undersigned, representing the persons, firms and corporations joining in the submission of the foregoing proposal (such persons, firms and corporations hereinafter being referred to as the "Proposer"), being duly sworn on his/her oath, states to the best of his/her belief and knowledge: 1. The undersigned certifies the Proposer is submitting their proposal under their true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, that the Proposer possesses, or will possess prior to the delivery of any equipment/products and related services, all applicable licenses necessary for such delivery to NJPA members agencies nationally, and that they are authorized to act on behalf of, and encumber the "Proposer" in this Contract; and 2, To the best of my knowledge, no Proposer or Potential Proposer, nor any person duly representing the same, has directly or indirectly entered into any agreement or arrangement with any other Proposers, Potential Proposers, any official or employee of the NJPA, or any person, firm or corporation under contract with the NJPA in an effort to influence either the offering or non-offering of certain prices, terms, and conditions relating to this RFP which tends to, or does, lessen or destroy free competition of the Contract sought for by this RFP; and 3. The Proposer or any person on his/her behalf, has not agreed, connived or colluded to produce a deceptive show of competition in the manner of the proposal or award of the referenced contract; and 4. Neither the Proposer nor any officer, director, partner, member or associate of the Proposer, nor any of its employees directly involved in obtaining contracts with the NJPA or any subdivision of the NJPA, has been convicted of false pretenses, attempted false pretenses or conspiracy to commit false pretenses, bribery, attempted bribery or conspiracy to bribe under the laws of any state or federal government for acts or omissions after January 1, 1985; and 5. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request and other documents of this solicitation and that any and all exceptions have been noted in writing and have been included with the proposal submittal; and 6. If awarded a contract, the Proposer will provide the equipment/products and/or services to qualifying in embers of the NJPA in accordance with the terms, conditions, scope of this RFP, Proposer offered specifications and other documents of this solicitation; and 7. The undersigned, being familiar with and understand the expectations requested and outlined in this RFP under consideration, hereby proposes to deliver through valid requests, Purchase Orders or other acceptable forms ordering and procurement by NJPA Members. Unless otherwise indicated, requested and agreed to on a valid purchase order per this RFP, only new, unused and first quality equipment/products and related services are to be transacted with NJPA Members relating to an awarded contract; and 8. The Proposer has carefully checked the accuracy of all proposed products/equipment and related services and listed total price per unit of purchase in this proposal to include shipping and delivery considerations. In addition, the Proposer accepts all general terms and conditions of this RFP, including all responsibilities of commitment as outlined and proposed; and 42 9. In submitting this proposal, it is understood that the right is reserved by the NJPA to reject any or all proposals and it is agreed by all parties that this proposal may not-be withdrawn during a period of 90 days from the date proposals were opened regarding this RFP; and 10. The Proposer certifies that in performing this Contract they will comply with all applicable provisions of the federal, state, and local laws, regulations, rules, and orders; and 11. The Proposer understands that submitted proposals which are marked "confidential" in their entirety, or those in which a significant portion of the submitted proposal is marked "nonpublic" will not be accepted by NJPA. Pursuant to Minnesota Statute §13.37 only specific parts of the proposal may be labeled a "trade secret." All proposals are nonpublic until the contract is awarded; at which time, both successful and unsuccessful vendors' proposals become public information. .12. The Proposer understands and agrees that NJPA will not be responsible for any information contained within the proposal. 13. By signing below, the Proposer understands it is his or her responsibility as the Vendor to act in protection of labeled information and agree to defend and indemnify NJPA for honoring such designation. Proposer duly realizes failure to so act will constitute a complete waiver and all submitted information will become public information; additionally failure to label any information that is released by NJPA shall constitute a complete waiver of any and all claims for damages caused by the release of the information. [The rest of this page has been left intentionally blank. Signature page below) 43 By signing below, Proposer is acknowledging that he or she has read, understands and agrees to comply with the terms and conditions specified above. Company Name: Contact Person for Questions: (Must be in ividual who is responsible or filling out this Proposer's Response form Address: City/State/Zip: Telephone Number: Fax Number: E-mail Address: Authorized Signature: Authorized Name (typed): Title: Date: Notarized Subscribed and sworn to before me this day of 1')0 Notary Public in and for the County of _ State of My commission expires: Signature: 44 Form G al±:~Jl'A !v OVERALL EVALUATION AND CRITERIA For the Proposed Subject "PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES" Conformance to Terms & Conditions 50 Financial, Industry Requirements & Marketplace 75 Success Proposer's Ability to Sell and Deliver Service 100 Nationwide Proposer's Marketing Plan 50 Value Added Attributes 75 Warranty 50 Equipment/Products and Related Services 200 Pricing 400 TOTAL POINTS 1000 Reviewed by: its its 45 Form P t'`1JPA''" PROPOSER QUESTIONNAIRE Payment Terms, Warranty, Products/Equipment/Services, Pricing and Delivery, Industry Specific Proposer Name: Questionnaire completed by: Pavment Terms and Financing Options 1) Identify your payment terms if applicable. (Net 30, etc.) 2) Identify any applicable leasing or other financing options as defined herein. 3) Briefly describe your proposed order process for this proposal and contract award. (Note: order process may be modified or refined during an NJPA member's final Contract phase process). a. Please specify if you will be including your dealer network in this proposal. If so, please specify how involved they will be. (For example, will lie Dealer accept the P.O.?), and how are we to verify the specific dealer is part of your network? 4) Do you accept the P-card procurement and payment process? Warranty 5) Describe, in detail, your Manufacture Warranty Program including conditions and requirements to qualify, claims procedure, and overall structure. 6) Do all warranties cover all products/equipment parts and labor? 7) Do warranties impose usage limit restrictions? S) Do warranties cover the expense of technicians travel time and mileage to perform warranty repairs? 9) Please list any other limitations or circumstances that would not be covered under your warranty. 10) Please list any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs. How will NJPA Members in these regions be provided service for warranty repair? Eguipment/Product/Services, Pricing, and Deliverv 11) Provide a general narrative description of the equipment/products and related services you are offering in your proposal. 12) Provide a general narrative description of your pricing model identifying how the model works (line item and/or published catalog percentage discount). 13) Please quantify the discount range presented in this response pricing as a percentage discount from MSRP/published list. 14) Provide an overall proposed statement of method of pricing for individual line items, percentage discount off published product/equipment catalogs and/or category pricing percentage discount with regard to all equipment/products and related services and being proposed. Provide a SKU number for each item being proposed. 15) Propose a strategy, process, and specific method of facilitating "Sourced Equipment/Products and/or related Services" (AKA., "Open Market" items or "Non-Standard Options"). 16) Provide your NJPA customer volume rebate programs, as applicable. 17) Identify any Total Cost of Acquisition (as defined herein) cost(s) which is NOT included "Pricing" submitted with your proposal response. Identify to whom these charges are payable to and their relationship to Proposer. 18) If freight, delivery or shipping is an additional cost to the NJPA member, describe in detail the complete shipping and delivery program. 46 19) As an important part of the evaluation of your offer, you must indicate the level of pricing you are offering. Prices offered in this proposal are (Your proposal will be deemed "Non-Responsive" if this question is not answered): a. Pricing is the same as typically offered to an individual municipality, Higher Ed or school district. b. Pricing is the same as typically offered to GPOs, cooperative procurement organizations or state purchasing departments. c. Better than typically offered to GPOs, cooperative procurement organizations or state purchasing departments. 20) Do you offer quantity or volume discounts? YES NO Outline guidelines and program. 21) Describe in detail your proposed exchange and return program(s) and poIicy(s), 22) Specifically identify those shipping and delivery and exchange. and returns programs as they relate to Alaska and Hawaii and any related off shore delivery of contracted products/ equipment and related services 23) Please describe any self audit process/program you plan to employ to verify compliance with your anticipated contract with NJPA. Please be as specific as possible. Industry Specific Items Signature: Date: 47 . iii: V Electronic Copy Check when Hard Copy Required Required - CD or Completed Contents of Your Bid Proposal Signed and Dated Flash Drive Form A: Proposer Questionnaire with all questions answered completely X- signature page only X Form B: Proposer Information I ' M X Form C: Exceptions to Proposal, Terms, Conditions, and Solutions Request X X Form D: Formal offering of Proposal X X Form E. Contract Acceptance and Award *`a X Form F: Proposers Assurance of Compliance X X Form P: Proposer Questionnaire with all questions answered completely X-signature page only X Certificate of Insurance with $1.5 million coverage X X Copy of all RFP Addendums issued by NJPA X X Pricingforall Products/Equipment/Services within the RFP being proposed `I X Entire Proposal submittal including signed rc 2 Y, X documents and forms. M7_ "0 Ali forms in the Hard Copy Required Signed and~q~,~ Dated should be inserted in the frontofthe submitted response, unbound. Package containing your proposal labeled and sealed with the following language: ` "Competitive Proposal Enclosed, Hold for Public , Opening XX-XX-XXXX" Response Package mailed and delivered prior to deadline to: r NJPA, 20212th St NE, Staples, MN 56479 R s~ ~ ! ~ ~ - 48 NJPA VENDOR PRICE AND PRODUC'T' CHANGE REQUES'T' FORM Section 1. Instructions For Vendor Pursuant to section 4 of the NJPA RFP, requests for equipment/products or service changes, additions or deletions will be allowed at any time throughout the awarded contract term. All requests must be made in written format by completing sections 2, 3 and 4 of the NJPA Price and Product Change Request Form and signature of an authorized Vendor employee in section 5. All changes are subject to review and approval by the NJPA Contracts & Compliance Manager, signed in acceptance by the NJPA Executive Director and acknowledged by the NJPA Contract Council. Submit request via email to your Contract Manager AND: PandP@njpacoop.org. NJPA's due diligence in analyzing any request for change is to determine if approval of the request is: 1) within the scope of the original RFP and 2) in the "Best Interests of NJPA and NJPA Members." A signed Price and Product Change form will be returned to vendor contact via email. Vendor must complete this change request form and individually list or attach all items or services subject to change, provide sufficiently detailed explanation and documentation for the change, and include a compete restatement of pricing document in appropriate format (preferably Excel). The pricing document must identify all equipment/products and services being offered and must conform to the following NJPA product/price change naming convention: (Vendor Name) (NJPA Contract (effective pricing date); for example, "COMPANY O 12411-CPY eff 02-12-2013." NOTE: New pricing restatement must include alI equipment/products and services offered regardless of whether their prices have changed and include a new "effective date" on the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each vendor and creates a historical record of pricing. ADDITIONS. New equipment/products and related services may be added to a contract. if such additions are within the scope of the RFP. DELETIONS. New equipment/products and related services may be deleted from a contract if an item or service is no longer available and thus not relevant to the contract; for example, discontinued, improved, etc. PRICE CHANGES: Request prices changes in general terms along with the justification by product category for the change; for example: a 3% increase in XW Product Line is due to a 3% increase in petroleum, or this list of SKUs/ product descriptions is increasing X% due to X% increase in cost of raw materials. Price decreases: NJPA expects Vendors to propose their very best prices and anticipates price reductions are due to advancement of technologies and market place efficiencies. Price increases: Typical acceptable increase requests include increases to Vendor input costs such as petroleum or other applicable commodities, increases in product utility of new compared to old equipment/products or service, etc. Vendor must include reasonable documentation for the claims cited in their request along with detailed justification for why the increase is needed. Special details for price changes must be included with the request along with both current and proposed pricing: Appropriate documentation should be attached to this form, including letters from suppliers announcing price increases. Refer to section 4 of the RFP for complete "Pricing" details. Section 2. Vendor Name and Type of Change Request CHECKALL CHANGES THAT APPLY.• AWARDED ❑ Adding Equipment/ Products VENDOR NAME: /Services ❑ Deleting/Discontinuing Equipment/Products/Services ❑ Price Increase NJPA ❑ Price Decrease CONTRACT NUMBER: 49 11 NJPA VENDOR PRICE AND PRODUCT CHANGE REQMT FORM Section 3. Detailed Explanation of Need for Changes List equipment/products and/or services that are changing, being added or deleted from previous contract price list along with the percentage change for each item or category. (Attach a separate, detailed document if more than 10 items.) Provide a general statement and documentation explaining the reasons for these price and/or equipment/product/service changes. SAMPLES: I-All paper equipment/products and services increased 5% in price due to transportation and fuel costs (see attached documentation of raw materials increase). 2-The 6400 series floor polisher is added to the product list as a new model replacing the 5400 series. The 6400 series 3% increase reflects technological improvements made that improve the rate of efficiency and useful life. The 5400 series is now included in the "Hot List" at a 20% discount from previous pricin until remaining inventory is liquidated. 1. adding equipment/products/services, provide a general statement how these are in the scope. If changing prices and/or adding equipment/products/services, provide a general statement that the pricing is consistent with existing NJPA contract pricing. 50 ~~I~~.1PA:ir ii NJ PA VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM Section 4. Complete Restatement of Pricing Submitted A COMPLETE restatement of the pricing including all new and existing equipment/products and services is attached and/or has been emailed to PandP@njpacoop.org. ❑ Yes ❑ No Section S. Signatures Vendor Authorized Signature Date Print Name and Title of Authorized Signer NJPA Executive Director Signature Date 51 Public Purchase: Bid RFP #031014 - Public Utility Equipment with Related Accessories a... Pagel of 2 [Go Back To Agency View] [Bid Boa rd ] Mn Yurchase(i~", 11- fl'C Chat'4;.D Help Logout Home Search Browse. My Stuff Tools - _ . Bid RFP #031014 - Public Utility Equipment with Related Accessories and Supplies ,NJPA National Joint Powers Alliance Bid Type RFP I ,I Bid Number 031014 Questions 0 Questions Title Public Utility Equipment [View/Ask with Related Accessories Questions] and Supplies I Start Date Jan 27, 2014 9:24:52 AM j CST End Date Mar 3, 2014 10:30:00 PM CST Agency NJPA Bid Contact Ginger Line (218) 894-5483 ginger.line@njpacoop.org 202 12th Street NE P.O. Box 219 Staples, MN 56479-0219 Description The National Joint Powers Alliance@ (NJPA), on behalf of NJPA and its current and potential Member agencies to include all Government, Higher Education, K12 Education, Non-Profit, Tribal Government, and all other Public Agencies located nationally in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES. Details of this RFP are available beginning January 27, 2014 j and continuing until March 3, 2014. Details may be obtained by letter of request to Maureen Knight, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until March 10, 2014 at 4:30 p.m. Central Standard Time at the above address and opened March 11, 2014 at 8:00 A.M. Central Standard Time. _ Delivery Information http://www.publicpurchase.com/gems/bid/bidView?bidid=26720 1/27/2014 Public Purchase: Bid RFP #031014 - Public Utility Equipment with Related Accessories a... Page 2 of 2 Maureen Knight N]PA 202 12th St. NE PO Box 219 Staples, MN 56437 Pre-Bid Conference Date Feb 27, 2014 10:00:00 AM CST Location Webcast-Conference Call Notes Connection Info will be sent to all inquirers before event We request that you please register with the agency before viewing the bid documents. This process takes only a couple of minutes. [Register with this agency] l Documents No Documents for this bid i Support: vendorsupport@publicpurchase.com J Copyright 1999-2013 ©I The Public Group, LL-C. All rights reserved. i` TLibIL" I (x11 l-C11p http://www.publicpurchase.com/gems/bidPoidView?bidld=26720 1/27/2014 Pftc. Quote Number: 268967 -1 Altec, Inc. November 10, 2014 Our 85th Year Ship To: Bill To: CITY OF ASHLAND (OR) CITY OF ASHLAND (OR) SERVICE CENTER 20 E MAIN ST 90 N MOUNTAIN ASHLAND, OR 97520-0000 ASHLAND, OR 97520-0000 United States US Attn: Stu Wilkie Phone: 541-552-2355 Email: wilkies@ashland.or.us Altec Quotation Number: 268967 - 1 Account Manager: David Lee Technical Sales & Support: John Richard Cinders NJ PA 31014 Member number 37965 Item Description City Price Unit 1. ALTEC Model AT30-G continuous rotation aerial device with an insulating telescopic 1 upper boom, and ISO-Grip insulating system at the boom tip. To include the following features: A. Ground to bottom of platform height: 30.5 feet B. Working height: 35.5 feet C. Maximum reach to edge of platform. Side Mounted Platform: 21.6 feet. End Mounted Platform: 23.6 feet (at 6.3 foot platform height). D. Telescopic boom extension: 9 feet 8 inches E. Continuous Rotation F. Insulating Aerial Device, ANSI Category C, 46kV and Below G. Telescoping boom: Articulation is from -13.5 to 80 degrees. H. Master/ Slave Leveling: Platform automatically maintains level during boom articulation through a lifetime master/slave hydraulic leveling system that requires no major preventive maintenance. 1. The INSULATING UPPER CONTROL SYSTEM includes a single handle controller incorporating high electrical resistance components that is dielectrically tested to 40 kV AC with no more than 400 microampers of leakage. The control handle is green in color to differentiate it from other non-tested controllers. J. One set of hydraulic tool outlets at the platform providing 5.0 gpm of flow for open center tools. K. Hydraulic system: Open center (full pressure) system operating at 5.0 gpm and 2,200 psi. L. Unit is painted with a powder coat paint process which provides a finish-painted surface that is highly resistant to chipping, scratching, abrasion and corrosion. M. Structural Warranty all of the following applicable major components is to be warranted for so long.as the initial purchaser owns the product: Booms, boom articulation links, hydraulic cylinder structures, outrigger weldments, pedestals, subbases and turntables. We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 1 of 9 UTILITY EQUIPMENT AND BODIES SINCE 1929 Aftec. Quote Number: 268967 -1 Altec, Inc. Item Description ON Price N. Manuals: Two (2) operator and Maintenance/Parts manuals 2. AT30G Unit Model 1 3. Post style pedestal mounting 1 4. Poly Reservoir, Pedestal Mounted, 7 Gallon; Includes Sight Gauge. 1 5. Single, One (1) Man, Fiberglass Platform; End Mounted with 180 degree rotator. 24 x 1 30 x 42 inches, includes hydraulic tilt. 6. Two (2) Platform Steps 1 7. Soft nylon reinforced vinyl platform cover for a 24 x 30 inch platform 1 8. Platform Capacity, 350LBS. 1 9. Platform leveling at lower controls 1 '10. Altec Patented ISO-Grip Insulating 3 Function, Proportional Speed, Upper Control 1 Handle - with safety interlock and interlock guard. Forward/back operates upper boom in/out, tiller operates rotation CW/CCW, and up/down operates upper boom up/down. The lower arm articulation up/down and platform leveling are controlled with separate interlocked control handles. 11. Engine Start/Stop & Secondary Stowage System: 12 VDC powered motor and pump 1 assembly for temporary operation of the unit in a situation wherein the primary hydraulic source fails. Electric motor is powered by the chassis battery. This feature allows the operator to completely stow the booms and platform. Secondary Stowage & Start/Stop is activated with an air plunger at the platform and switch at the lower control station. 12. Manual lowering valve located at the boomtip. For use in emergency situations to allow 1 the operator to lower the boom to the ground 13. Powder coat unit Altec White. 1 Unit & Hydraulic Acc. 14. HVI-22 Hydraulic Oil (Standard). 9 15. Standard Pump For PTO 1 16. Hot shift PTO for automatic transmission 1 Bodv 17. 108 Inch Universal Small Aerial Body for a 60 Inch CA Chassis with 38 Inch Long 1 Tailshelf to Meet the Following Specifications: Additional adjustable shelves with removable dividers in the following locations - Two (2) Streetside - Two (2) curbside. A. Basic body fabricated from A40 grade 100% zinc alloy coated steel We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 2 of 9 UTILITY EQUIPMENT AND BODIES SINCE 1929 Atec. Quote Number: 268967 -1 Altec, Inc. Item Description City Price B. All doors are full, double paneled, self-sealed with built-in drainage. C, Electro-zinc plated, steel hinge rods extend full length of door. D. Door hinges are zinc alloy material attached with rivets E. All doors contain stainless steel, flush mounted, paddle activated rotary style latches with two-stage locking, including keyed locks and adjustable strikers. F. Heavy-gauge welded steel frame construction with smooth galvaneal floor. G. All edges are either rolled or folded for strength and safety H. Door header drip rail at top for maximum weather protection. 1. Neoprene or rolled fenders on wheel fender panels. J. Steel treated for improved primer bond and rust resistance. K. Automotive underseal applied to body. L. Automotive type non-porous door seals fastened to the door facing. M. 108 Inch Body Length N. 40 Inch Body Height (Standard) 0. 94 Inch Body Width (Standard) P. 20 Inch Body Compartment Depth (Standard) Q. Body Color - White (Standard) R. Finish Paint Body At Body Manufacturer (Standard) S. Electro Cathodic Emersion Primer Required T. 8 Inch Body Cross-members (Standard) U. No Treadplate On Compartment Tops V. 6 Inch tall wood tailboard installed at the rear of body cargo area W. No Compartment Lighting Supplied by the Body Manufacturer X. Stainless Steel Rotary Paddle Latch With Lock (Standard) Y. Master Body Locking System (Standard) Z. No Chock Holders in Line Body Fender Panel Required (Standard) AA. Gas Shock Type Rigid Door Holders For Vertical Doors (Standard) AB. Chains On Horizontal Doors AC. 1st Vertical Street Side (LH) - Two (2) Adjustable Shelf With Removable Dividers On 4 Inch Centers AD. 1 st Horizontal Street Side (LH) - One (1) Fixed Shelf With Removable Dividers On 8 Inch Centers AE. Rear Vertical Street Side (LH) - Six (6) Adjustable Locking Swivel Hooks AF. 1st Vertical Curb Side (RH) - Seven (7) Adjustable Locking Swivel Hooks, Louvered Panel Installed in Cargo Wall AG. 1st Vertical Curb Side (RH) - One (1) Adjustable Shelf With No Removable Dividers AH. 1st Horizontal Curb Side (RH) - Vacant Al. Rear Vertical Curb Side (RH) - Two (2) Adjustable Shelf With Removable Dividers On 4 Centers AJ. Aluminum Rock Guards Installed at Bottom AK. 38" Tailshelf with Two Wheel Chock Holders and Smooth Galvaneal Floor Installed at Rear of Body Body and Chassis Accessories 18. Aluminum sloped style ladder rack installed on the curb side compartment tops, sloped 1 to clear the cab with adjustable width rails to accommodate various width extension ladders 19. Ladder Rack hold down (Quick-Lock) for sloped ladder racks. Lockable Standard 1 We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 3 of 9 UTILITY EQUIPMENT AND BODIES SINCE 1929 Abac. Quote Number: 268967 -1 Altec, Inc. Item Description -Q!Y Price 20. Cable Step Installed At Rear, Single Step One streetside and one curbside. 2 21. U-Shaped Grab Handle 2 22. Small Grab Handle Installed At Rear 2 23. [CC Underride Protection 1 24. Combination 2 Ball (10,000 LB MGTW) And Pintle Hitch (16,000 LB MGTW) 1 25. Set Of Eye Bolts for Trailer Safety Chain, installed one each side of towing device 1 mount. 26. Boom Rest for a Telescopic Unit 1 27. Wheel Chocks, Rubber with Metal Hairpin Style Handle, 9.75" L X 7.75" W X 5.00" H 1 (Pair) 28. Mud Flaps With Altec Logo (Pair) 1 29. Safety Harness And 4.5' Lanyard (Fits Medium To Xlarge) Includes Pouch and Placards 1 30. 5 LB Fire Extinguisher With Light Duty Bracket, Installed Per DEPS 042 (In Cab or 1 Inside Compartment Only) 31. Triangular Reflector Kit, Shipped Loose 1 32. Rear Torsion Bar Installed On Chassis Position 2 over frame 1 33. Slope Indicator Assembly For Machine Without Outriggers 1 34. Vinyl manual pouch for storage of all operator and parts manuals 1 Electrical Accessories 35. Rope Lights (LED) Around Top And Sides Of Compartment Door Facings In Body 1 36. Compartment Lights Wired To Dash Mounted Master Switch 1 37. Lights and reflectors in accordance with FMVSS #108 lighting package. (Complete LED, 1 including LED reverse lights) 38. Altec Standard Amber LED Strobe Light with Brush Guard Two turn table mounted 2 strobes. 39. Single tone back up alarm installed between the chassis frame rails at the rear of the 1 chassis. To work in conjunction with chassis reverse drive system 40. Altec Backup Camera System, 7" Color LCD Monitor, Heated Infrared Camera with 1 Day/Night Sensor and Audio A. 7" Color LCD Monitor With LED Backlighting And Proximity Indicators B. 2 Inputs With Independent Triggers C. Heated Infrared Camera With Day/Night Sensor And Audio We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 4 of 9 UTILITY EQUIPMENT AND BODIES SINCE 1929 Alec. Quote Number: 268967 -1 Altec, Inc. Item Description t t Price D. Mirror/Normal View E. IP68 Rated F. Wide Viewing Angle (104 Degrees Horizontal x 78 Degrees Vertical) G. 20 Meter Cable Assembly 41. 3000 Watt Pure-Sine Wave Inverter Install streetside first vertical on bolt in shelf. 1 42. Deep Cycle Auxiliary Battery For Vented Applications (Group 31) Install between 2 sidepack and pedestal. Curbside. 43. Marine Style Battery Enclosure, Black Plastic, Holds One (1) Battery 2 44. 120 Volt GFCI Receptacle Includes Weather-resistant Enclosure Install one on each 2 side of the tailshelf skirt. Side facing. 45. 7-Way Trailer Receptacle (Blade Type) Installed At Rear 1 46. Dash panel rocker switches supplied with Ford Chassis, 4 auxiliary switches supplied in 1 up fitting package from Ford 47. PTO Indicator Light Installed In Cab 1 48. Battery Protection Device Installed To Turn Off Accessory Loads To Protect The 1 Chassis Battery Strobes, Inverter. 49. Start/Stop/Throttle Module, 12 Volt System 1 Finishing Details 50. Focus Factory Build 1 51. Delivery Of Completed Unit 1 52. Powder Coat Unit Altec White 1 53. Altec Standard; Components mounted below frame rail shall be coated black by Altec. 1 i.e. step bumpers, steps, frame extension, pintle hook mount, dock bumper mounts, D-rings, receiver tubes, accessory mounts, light brackets, under-ride protection, etc.Components mounted to under side of body shall be coated black by Altec. i.e. Wheel chock holders, mud flap brackets, pad carriers, boxes, lighting brackets, steps, and ladders. 54. Apply Non-Skid Paint to all walking surfaces 1 55. English Safety And Instructional Decals 1 56. Vehicle Height Placard - Installed In Cab 1 57. Dielectric test unit according to ANSI requirements. 1 58. Stability test unit according to ANSI requirements. 1 59. Placard, HVI-22 Hydraulic Oil 1 We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 5 of 9 UTILITY EQUIPMENT AND BODIES SINCE 1929 Alec. Quote Number: 268967 -1 Altec, Inc. Item Description QtV Price 60. Inbound Freight 1 61. AT30G FA Installation 1 Chassis 62. Chassis 1 63. Altec Supplied Chassis 1 64. 2015 Model Year 1 65. Ford F450 1 66. 42 1 67. 60 Clear CA (Round To Next Whole Number) 1 68. Regular Cab 1 69. XL Trim Package 1 70. Chassis Color - White 1 71. Chassis Wheelbase Length - 141 inch 1 72. Ford Gas 6.8L 1 73. Ford Torqshift 5 Speed Automatic Transmission (w/PTO Provision) 1 74. GVWR 16,500 LBS 1 75. 6,500 LBs Front Axle Rating 1 76. 12,000 LBs Rear Axle Rating 1 77. Hydraulic Brakes 1 78. Ford E/F250-550 Single Horizontal Right Side Exhaust 1 79. No Idle Engine Shut-Down Required 1 80. Air Conditioning 1 81. AM/FM Radio 1 $2. Cruise Control 1 Additional Pricing 83. Standard Altec Warranty: One (1) year parts warranty, one (1) year labor warranty, 1 ninety (90) days warranty for travel charges, limited lifetime structural warranty We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 6 of 9 UTILITY EQUIPMENT AND BODIES SINCE 1929 Atec. Quote Number: 268967 -1 Altec, Inc. Unit 1 Body / Chassis Total 82,223.00 FET Total 0.00 Total 82,223.00 Altec Industries, Inc. BY John Richard Onders Notes: 1 Altec Standard Warranty: One (1) year parts warranty. One (1) year labor warranty. Ninety (90) days warranty for travel charges. Warranty on structural integrity of the following major components is to be warranted for so long as the initial purchaser owns the product: Booms, boom articulation links, hydraulic cylinder structures, outrigger weldments, pedestals, subbases and turntables. Bidder is to supply a self-directed, computer based training (CBT) program. This program will provide basic instruction in the safe operation of this aerial device. This program will also include and explain ANSI and OSHA requirements related to the proper use and operation of this unit. Altec offers its standard limited warranty with the Altec supplied components which make up the Altec Unit and its installation, but expressly disclaims any and all warranties, liabilities, and responsibilities, including any implied warranties of fitness for a particular purpose and merchantability, for any customer supplied parts Altec designs and manufactures to applicable Federal Motor Vehicle Safety and DOT standards 2 Altec takes pride in offering solutions that provide a safer work environment for our customers. In an effort to focus on safety, we would like to ensure that the following items are offered to you as part of the attached quotation package: Outrigger pads (When Applicable) Fall Protection System Fire extinguisher/DOT kit Platform Liner (When Applicable) Back up alarm Wheel Chocks The aforementioned equipment is traditionally offered in our new equipment quotations, unless requested otherwise by the customer. If you find that any of these items have not been listed as priced options in the body of your quotation and are required by your company, we would encourage you to contact your Altec We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 7 of 9 UTILITY EQUIPMENT AND BODIES SINCE 1929 Quote Number: 268967 -1 fiftc. Altec, Inc. Account Manager and have an updated quotation developed for you. These options must be listed as individual options in the body of the quotation for them to be supplied by Altec. 3 Unless otherwise noted, all measurements used in this quote are based on a 40 inch (1016mm) chassis frame height and standard cab height for standard configurations. 4 F.O.B. - #FOB TERMS# 5 Changes made to this order may affect whether or not this vehicle is subject to F.E.T. A review will be made at the time of invoicing and any applicable F.E.T. will be added to the invoice amount. 6 Price does not reflect any local, state or Federal Excise Taxes (F.E.T). The quote also does not reflect any local title or licensing fees. All appropriate taxes will be added to the final price in accordance with regulations in effect at time of invoicing. 7 Interest charge of 1/2% per month to be added for late payment. 8 Delivery: 270-300 days after receipt of order PROVIDING: A. Order is received within 14 days from the date of the quote. If initial timeframe expires, please contact your Altec representative for an updated delivery commitment. B. Chassis is received a minimum of sixty (60) days before scheduled delivery. C. Customer approval drawings are returned by requested date. D. Customer supplied accessories are received by date necessary for compliance with scheduled delivery. E. Customer expectations are accurately captured prior to releasing the order. Unexpected additions or changes made at a customer inspection will delay the delivery of the vehicle. Altec reserves the right to change suppliers in order to meet customer delivery requirements, unless specifically identified, by the customer, during the quote and or ordering process. 9 Trade-in offer is contingent upon equipment being maintained to DOT (Department of Transportation) operating and safety standards. This will include, but not limited to tires, lights, brakes, glass, etc. If a trade-in is not maintained to DOT standards, additional transportation expenses will apply and could be invoiced separately. All equipment, i.e., jibs, winches, pintle hooks, trailer connectors, etc., are to remain with the vehicle unless otherwise agreed upon in writing by both parties. Altee Industries reserves the right to re-negotiate its trade-in offer if these conditions are not met. Customer may exercise the option to rescind this agreement in writing within sixty (60) days after receipt of purchase order. After that time Altec Industries will expect receipt of trade-in vehicle upon delivery of new equipment as part of the terms of the purchase order. Titles for trade-in equipment should be given to the appropriate Altec Sales associate or forwarded to Altec Nueco at address 1730 Vanderbilt Road, Birmingham, AL 35234. 10 This quotation is valid until JAN 15, 2015. After this date, please contact Altec Industries, Inc. for a possible extension. 11 After the initial warranty period, Altec Industries, Inc. offers mobile service units, in-shop service and same day parts shipments on most parts from service locations nationwide at an additional competitive labor and parts rate. Call 877-GO-ALTEC for all of your Parts and Service needs. 12 Please email Altec Capital at finance@altec.com or call 888-408-8148 for a lease quote today. We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 8 Of 9 UTILITY EQUIPMENT AND BODIES SINCE 1929 Albe Quote Number: 268967 -1 Altec, Inc. 13 Please direct all questions to David Lee at (270) 360-0600 We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 9 of 9 UTILITY EQUIPMENT AND BODIES SINCE 1929 - r=L=j Altec AT30wG Telescopic Aerial Device • Altec ISO-Grip, System • Platform Capacity to 400 lb (181 kg) • 35 ft (10.7 m) Working Height • Easily Mounted on 15,000 lb - • 24 ft (7.3 m) Side Reach GVWR (6804 kg) Chassis No Outriggers Required tiy,' , s y :Vr 'tip .41~ tom; i•* 1,ti ~ pro . V:r r-K' X o _ 1 yyyy. A J 1 1 Z 'Z -,r r..^7Q1 4 ~ire I a 4 , ~ i .a x~ ir; rRIML 04 LQ C Specifications STANDARD FEATURES RECOMMENDED FEATURES • Altec ISO-Grip, System • Telescopic Aerial Device • Fall Protection System With Outrigger Option: • Hydraulic Boom Extension • Platform Liner Outrigger Pads • Hydraulic Platform Leveling • Wheel Chocks • Insulated, ANSI Category C, 46 kV and Below REACH DIAGRAM • Noncontinuous Rotation • Platform, 24 X 24 X 42 in (610 X 610 X 1067 mm) 36 2 0 1 , 2 2.4 3.7 4.9 6.1 METERSO 11. • Platform Capacity - 350 lb (159 kg) Fixed - - 350 1b (159 kg) w/ Rotator - • Fully Metered Single Handle Upper Control 32 W 1 i 9 a • Full Pressure, Open Center Hydraulic System 1* • Platform Access From the Ground 28 t 8.5 • Emergency Lowering Valve -t • Tool Circuit at Platform f ' - • Outrigger Boom Interlock System (With Outrigger Option) 24 _ f 7.3 • I - Outrigger Motion Alarm (With Outrigger Option) - REACH DIAGRAM ~ I AT30-G I - • Back-Up Alarm zo 6.1 OPTIONS 16 4.9 1: lit- • Continuous Rotation • Platform, 24 x 30 x 42 in 12 ~o1 f ntI 3.7 • Secondary Stowage (610 x 762 x 1067 mm) - - System • Additional Platform Capacity • Engine Start/Stop • Platform Cover e _ 2.4 • Tool Circuit at Tailshelf • Platform Rotator - 90° or 180° _ 1 t 3 5' dr • Outriggers. Vertical 4 112 GENERAL SPECIFICATIONS AT30-G OFEETF 0 4 8 12 ie 20 X240 Ground to Bottom of Platform' 30.5 It 9.3 m (at Distance From Centerline) 3.8 ft 1.2 IT Maximum Reach End-Mount 23.6 ft 7.2 m Side-Mcunt 21.6 ft 6.6 m (C Platform Height) 6.3 ft 1.9 m Stowed Travel Height 10,5 ft 3.2 m Boom Articulation -13.5° to +80° Rotation Noncontinuous 370° Jf Weight of Unit 1647 lb 747 kg 'Based on 40 in (1016 mm) Chassis Frame Height Alloc Aerial Devices moot or exceed all applicable ANSI Standards as of the date of manufacture. At= reserves the right to improve models and change spoolllcations without notice or obligation, - t 17- y Stowed for Travel Boom Tip Covers Altec Sales and Service Altec Industries, Inc. Post Office Box 10264 Birmingham, Alabama 35202 Phone 205/991-7733 Fax 205/991-9993 Manufacturing and Service Facilities Located 80002001150 Throughout the United States and Canada AT30-G-3M-7/06 CITY OF ASHLAND Council Communication December 16, 2014, Business Meeting Direction to staff on how to enforce the Food and Beverage Tax Ordinance FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY Responding to a complaint received this past summer, City staff initiated enforcement action against vendors of prepared food and beverage at the Tuesday Growers Market for non-payment of food and beverage tax. The vendors who were contacted by the City have not complied with our request that they remit taxes owed. Until recently, the Growers Market did not comply with the City's request for a list of prepared food vendors who have worked at the market this year. The Growers Market has requested that the City not enforce the F&B Tax Ordinance against its vendors until next year. When briefed on this situation at the November 3rd study session, the Council was split evenly between those who want to see the ordinance enforced and those who would wait until 2015 to begin enforcement. Pursuant to AMC 2.04.030.A(3), the Mayor placed this on the Council's December 2, 2014, agenda for a vote on direction to staff regarding how to enforce the F&B ordinance. However, after taking public testimony at that meeting, Council continued deliberation to this meeting. BACKGROUND AND POLICY IMPLICATIONS: In August of this year, City staff received a complaint that prepared food vendors at the Tuesday Growers Market on East Main Street were not paying food and beverage tax as required by Ashland Municipal Code, Chapter 4.34. In response to this complaint, staff sent "secret shoppers" to the Market on two separate occasions to purchase prepared food. Two of the vendors from whom we purchased food identified themselves, either through an address on a receipt or by giving one of our shoppers a business card. None of the vendors from whom food was purchased charged food and beverage tax. However, it is the operator who is responsible for paying the tax, not the purchaser, and AMC 4.34.040 states, "The amount of tax need not be separately stated from the amount of the food or beverage." By comparing the names of the businesses to our tax collection records, we determined that these vendors had failed to pay F&B tax, in violation of the ordinance. (Failure to pay tax, unfortunately, is not an uncommon code violation. In the past five years, we have pursued code enforcement action against 20 operators who have failed to pay F&B tax.) The City notified the vendors of their duty to pay food and beverage tax. Neither of them appealed that determination as allowed by the Code, although one of them did contact us to inform us that we were misinterpreting our code. Neither of them has paid the taxes owed or made any effort to contact the City to establish a payment plan. On September 22"d, the managers of the Growers Market contacted Finance Director Lee Tuneberg to get more information about the Food & Beverage Tax. At that time, he explained that the vendors are not exempt from paying F&B tax by virtue of working under the Market's business license and he requested from them a list of all operators who had sold Page 1 of 3 ~r, CITY OF ASHLAND prepared food at the Market in 2014. The Market did not respond to this request, but instead sent a letter to me dated October 11 (received October 16) requesting that the City defer enforcement of the F&B ordinance until 2015. I responded on October 23rd that I would not consider their request until the Market complied with the City's request for information. Subsequent to that letter, City Attorney Dave Lohman sent the Market a request for their list of prepared food operators. The Market responded with that list on November 12th and again asked that the City defer enforcement of the ordinance until 2015. Meanwhile, I presented this situation to the Council in a study session on November 3rd, at which time the Council was evenly split between enforcing the ordinance immediately or deferring enforcement until 2015. Given the lack of clear direction, the Mayor has placed this on the agenda for a vote on how to enforce the F&B Ordinance in this situation. Each of the basic options is discussed below. Proceed with enforcement If this path is pursued, staff will contact each of the nine operators who sold prepared food and beverage at the Tuesday Growers Market this summer to demand payment of taxes from September 5th forward. (September 5th is the date of the enforcement letter sent to two of the operators who sold food to our secret shoppers.) These operators will be asked to estimate their gross receipts from prepared food and beverage sales from that point through the end of the Market's season and remit to us 5% of that amount (less the 5% they are entitled to keep for administration costs at their end). The Finance Director can then make a determination as to whether their estimate is reasonable. This procedure is consistent with AMC 4.34.070, "Failure to Collect and Report Tax." We would not seek penalties or interest from those operators who respond promptly to demand for payment. Defer enforcement to 2015 If this path is pursued, staff will not seek any F&B taxes from Market vendors for 2014 but will, presumably with the assistance of Growers Market management, strictly enforce the F&B ordinance when the Market reopens in 2015. Arguments for immediate enforcement vs deferred enforcement For immediate enforcement : • A matter of fairness to fixed-location food and beverage operators who pay their F&B tax. Postponing enforcement against only these businesses may be viewed by other operators as "playing favorites." • Demonstrates that the City will enforce its ordinances when it learns of violations. • Businesses operating in the City are responsible for knowing the rules that apply to those businesses. The City cannot be expected to notify every business of every code provision that applies to it. • Lack of awareness of a code provision does not excuse non-compliance when it is brought to a violator's attention. More specifically, lack of awareness is generally not accepted as a reasonable excuse for non-payment by tax-collection agencies. • The Growers Market acknowledged (in writing) to the City that their food vendors are subject to F&B Tax when the ordinance first went into effect in 1993. • Postponing enforcement perpetuates the corrosive notions that citizens only have to comply with code provisions after violations have been brought to their attention or that uneven past enforcement precludes current enforcement. Page 2 of 3 ~r, CITY OF -ASH LAN D For deferred enforcement: • These operators have likely not kept records of gross receipts from the Growers Market in 2014. Because these businesses may not have records of gross receipts, the amount of tax owed will be difficult to determine and, in any event, a minimal amount. • Penalizes business owners who may not have been aware of the requirement that they pay F&B tax, thus making the code compliance effort punitive rather than corrective. • Only two of nine vendors received notice of non-compliance. It is not fair to seek compliance from only two vendors. • The particular 2014 food vendors at the Growers Market may not now have financial capability to pay the tax as a result of not having been aware until recently of their food and beverage tax obligations. • Although Growers Market food and beverage operators have not been paying taxes, the City has, for some indeterminate period of time, not been enforcing its F&B ordinance with them. The City therefore bears some culpability for the current state of affairs. • Citizens may view the City as cold-hearted and intransigent. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: Either option is likely to result in a very small increase in F&B tax collections. Staff does not have an estimate of what that amount might be. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff feels that unless there is Council direction to the contrary, it must enforce the City's Food and Beverage Tax Ordinance beginning from the date on which notice was served. Council is asked to specify the course of action it wishes staff to take in this matter SUGGESTED MOTION: 1. 1 move to proceed with enforcement of the Food & Beverage Tax Ordinance against prepared food operators at the Tuesday Growers Market as detailed by the City Administrator in his Council Communication dated December 2, 2014. -or- 2. I move to defer enforcement of the Food & Beverage Tax Ordinance against prepared food operators at the Tuesday Growers Market until 2015. ATTACHMENTS: AMC 4.34, Food and Beverage Letters to Rosa & Maria Mexican Restaurant and to Sultan's Delight, September 5, 2014 Letter from Lee Tuneberg to Growers Market, September 23, 2014 Letter from Growers Market to Dave Kanner, October 11, 2014 Letter from Dave Kanner to Growers Market, October 23, 2014 Letter from Growers Market to Dave Kanner, November 12, 2014 Letter from Growers Market to City of Ashland, June 2, 1993 Page 3 of 3 Ir, 1112512014 City of Ashland, Oregon- Municipal Code E 4.34 Food and Beverage Tax 4.34.010 Definitions The following words and phrases whenever used in this chapter shall be construed as defined in this section unless from the context a different meaning is intended. A. "Caterer" means a person who prepares food at a business site, for compensation, for consumption on or off the business premises but within the corporate limits of the city. l B. "Combination facility" has the same meaning as defined in Oregon Administrative 333-150-0000(4)(i) which the State of Oregon Department of Agriculture licenses or inspects under Oregon Administrative Rule 333-158- 0000. C. "Director" means the Director of Finance of the City of Ashland, or his/her designee. D. "Food" includes all prepared food items and beverages, excluding alcoholic beverages, served in a restaurant including "takeout", "to go" or delivered orders. r E. "Open Space Park Program" and "Open Space lands or easements" have the same meaning as used in Article XIX A of the Ashland City Charter. F. "Operator" means the person who is proprietor of the restaurant, whether in the capacity of owner, lessee, sub-lessee, mortgagee in possession, licensee or any other capacity. Where the operator is a corporation, the term operator shall also include each and every member of the Board of Directors of such corporation for the time involved. I~ G. "Restaurant" means any establishment required to be licensed as a restaurant, mobile unit or pushcart by the State of Oregon Health Division and includes any establishment where food or beverage is prepared for consumption by the public or any establishment where the public obtains food or beverage so prepared in ` form or quantity consumable then and there, whether or not it is consumed within the confines of the premises where prepared, and also includes establishments r which prepare food or beverage in consumable form for service outside the j premises where prepared. The term restaurant includes, but is not limited to grocery store delis, coffee shops, and caterers; it also includes establishments where such food or beverage is prepared in a combination facility. The term restaurant does not include a restaurant licensed by the State of Oregon Health Division as a limited service restaurant. (Ord. 2716, S1, 1993; Ord 2991, 2009) 4.34.020 Tax imposed http:Owww.ashland.or.us/CodePrint.asp?Branch=True&CodelD=2219 119 11/25/2014 City of Ashland, Oregon- Municipal Code A. Except for exempt or tax-capped activities specified in AMC 4.34.030, the city imposes and levies, in addition to all other taxes, fees and charges of every kind, a tax upon: 1. All food and beverages sold by restaurants located within the city to the public, except for whole cakes, pies, and loaves of bread if purchased for consumption off premises, and for alcoholic beverages; 2. All food and beverages sold by a caterer for an event located within the city, except alcoholic beverages and exempt events as defined in AMC 4.34.030K; 3. The following items sold by combination facilities: a. Salads from salad bars; b. Dispensed soft drinks and coffee; c. Sandwiches or hot prepared foods ready for immediate consumption; d. The following items, including toppings or additions, scooped or otherwise placed into a cone, bowl or other container for immediate consumption whether or not they are consumed within the confines of the premises where scooped or placed: Any frozen dessert regulated by the Oregon State Department of Agriculture under ORS 621.311 and any ice cream, ice milk, sherbet or frozen yogurt. No tax shall be imposed under this subsection, however, on any item whose volume exceeds one-half gallon or more.. i e. Any other food mixed, cooked or processed on the premises in form or quantity for immediate consumption whether or not it is consumed within the confines of the premises where prepared; and l 4. The following items sold by combination facilities that are bakeries: l a. All those items listed in Section 4.34.020.A.3.a-d; b. All bakery products sold for consumption on the premises; and c. All "takeout" or "to go" orders of bakery products prepared on the premises except for whole cakes, pies, and loaves of bread and any order consisting of six or more bakery products. j 5. Use of a delivery service for any activity under this Section, whether an independent delivery service or operator provided delivery service, does not excuse the operator from the requirement to collect and remit the tax on the food and beverages sold. B. Such tax shall be imposed at a rate of five percent on the total amount charged by the seller for the food and beverages, or for the meal. In the computation of this tax any fraction of one-half cent or more shall be treated as one cent. http://www.ashland.or.us/CodePrint.asp?Branch=True&CodeiD=2219 2/9 11125/2014 City of Ashland, Oregon - Municipal Code C. Twenty percent (20%) of all taxes collected by the city under this chapter shall be paid into a Parks Account for purposes of acquisition, planning, development and major rehabilitation of City parks per the City of Ashland' s Capital Improvement Plan. Of the twenty percent (20%) allocated to the Parks Account, twenty percent (20%) of the amount collected must be used for Open Space acquisition. D. Eighty percent (80%) of all taxes collected by the City shall be used for the purpose of paying for wastewater capital improvement projects, per the City of Ashland' s Capital Improvement Plan, which includes, but is not limited to, the wastewater treatment plant debt. The council may decrease the rate of the tax or eliminate the tax described in subsection 4.34.020.A after a public hearing. Notice of the hearing shall be given by publication in a newspaper of general circulation in the City at least 10 days prior to the date of the public hearing. E. The City may retain up to two percent (2%) of the tax collected for costs of administration and collection. (Ord 2716, 1993;Ord 2720, 1993; Ord 2991, 2009) 4.34.030 Exemptions The tax levied by Section 4.34.020 shall be capped, at the amount specified, or shall not be collected or assessed on food or beverages: A. Sold by public or private schools or colleges except that food sold by independent contractor operators at such schools or colleges shall be subject to the tax imposed by this chapter; B. Sold on hospital grounds; C. Provided by bed and breakfast establishments to their guests; f f D. Sold in vending machines; I E. Sold in temporary restaurants including food stands, booths, street concessions j and similar type operations, operated by non-profit organizations or service clubs. I F. Served in connection with overnight or residential facilities--including, but not limited to, convalescent homes, nursing homes, retirement homes and motels--if the food and beverage are provided as part of the cost of sleeping accommodations. r G. Provided by nonprofit tax-exempt organizations to citizens over 60 years of age as a part of a recognized senior citizen nutritional program. H. Sold for resale to the public. 1. Sold in bulk to the public for non-immediate consumption off the premises http://www.ashland.or.us/CodePrint.asp?Branch=True&CodeID=2219 3/9 11/25/2014 City of Ashland, Oregon -Municipal Code including but not limited to ice cream packed in a container of one-half gallon or more. J. Which are candy, popcorn, nuts, chips, gum or other confections but not including ice cream, frozen yogurt, cakes, pies or other desserts. K. Sold by an operator at a single food service event located within the city in which restaurant or catering services, (exclusive of alcohol) exceed $5000.00, in which case, the applicable food and beverage tax shall not be excused but shall be capped at two-hundred fifty dollars ($250.00). (Ord. 2716 S5, 1993; Ord 2991, 2009) 4.34.040 Operator's Duties Each operator shall collect the tax imposed by this chapter, to the same extent and at the same time as the amount for the food or beverage is collected from every purchaser. The amount of tax need not be separately stated from the amount of the food or beverage. Every operator required to collect the tax imposed in this chapter shall be entitled to retain five percent of all taxes collected to defray the costs of collections and remittance. t (Ord. 2716 S6, 1993;Ord 2991, 2009) 4.34.050 Reporting and remitting A. Reporting. Every operator shall, on or before the last day of the month following the end of each calendar quarter (in the months of April, July, October and January), make a return to the director, on forms provided by the City, specifying the total sales subject to this chapter and the amount of tax collected under this chapter. The operator may request or the director may establish shorter reporting periods for any operator if the operator or director deems it necessary in order to insure collection of the tax and the director may require further information in the return relevant to payment of the liability. A return shall not be considered filed until it is actually received by the director. B. Remitting. At the time the return is filed, the full amount of the tax collected shall be remitted to the director. Payments received by the director for application against existing liabilities will be credited toward the period designated by the taxpayer under conditions which are not prejudicial to the interest of the City. A condition which is considered prejudicial is the imminent expiration of the statute of limitations for a period or periods. C. Order of Payments. Non-designated payments shall be applied in the order of the oldest liability first, with the payment credited first toward any accrued penalty, then to interest, then to the underlying tax until the payment is exhausted. Crediting of a payment toward a specific reporting period will be first applied against any accrued penalty, then to interest, then to the underlying tax. The director, when in the director's http://www.ashland.or.us/CodePrint.asp?Branch=True&CodelD=2219 4/9 11/25/2014 City of Ashland, Oregon- Municipal Code discretion determines that it will be in the best interest of the City, may specify that a different order of payment credit should be followed with regard to a particular tax or factual situation. The director may establish shorter reporting periods for any operator if the director deems it necessary in order to insure collection of the tax and the director may require further information in the return relevant to payment of the liability. When a shorter return period is required, penalties and interest shall be computed according to the shorter return period. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the City until payment is made to the director. A separate trust bank account is not required in order to comply with this provision. (Ord. 2716, 1993; ORD 2885, 2002;ORD 2903, 2004; Ord 2991, 2009) 4.34.060 Penalties and interest A. Any operator, who fails to remit any portion of any tax imposed by this chapter within the time required, shall pay a penalty of ten percent of the amount of the tax, in addition to the amount of the tax. B. Any operator who fails to remit any delinquent remittance on or before a period of 60 days following the date on which the remittance first became delinquent, shall pay a second delinquency penalty of ten percent of the amount of the tax in addition to the amount of the tax and the penalty first imposed. C. If the director determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of 25% percent of the amount of the tax shall be added thereto in addition to the penalties stated in subparagraphs A and B of this section. D. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one percent per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. E. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax required to be paid. F. Notwithstanding subsection 4.34.020.C, all sums collected pursuant to the penalty provisions in paragraphs A, B and C of this section shall be distributed to the City of Ashland Central Service Fund to offset the costs of auditing and enforcement of this tax. G. Waiver of Penalties. Penalties and interest for certain late tax payments may be waived pursuant to AMC 2.28.045 D. (Revised June 1993; ORD 2885, 2002; ORD 2903 2004; Ord 2983 2009; Ord 2991, 2009) 4.34.070 Failure to Collect and Report Tax http://www.ashland.or.us/CodePrint.asp?Branch=True&CodelD=2219 5/9 I 11/25/2014 City of Ashland, Oregon -Municipal Code Ili if any operator should fail to make, within the time provided in this chapter, any report of the tax required by this chapter, the director shall proceed in such manner as deemed best to obtain facts and information on which to base the estimate of tax due. As soon as the director shall procure such facts and information as is able to be obtained, upon which to base the assessment of any tax imposed by this chapter and payable by any operator, the director shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this chapter. In case such determination is made, the director shall give a notice of the amount so assessed by having it served personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at the last known place of address. Such operator may make an appeal of such determination as provided in section 4.34.080. If no appeal is filed, the director's determination is final and the amount thereby is immediately due and payable. (Ord. 2716 S8, 1993; ORD 2885, 2002; Ord 2991, 2009) 4.34.080 Appeal Any operator aggrieved by any decision of the director with respect to the amount of such tax, interest and penalties, if any, may appeal pursuant to the Administrative Appeals Process in AMC 2.30.020, except that the appeal shall be filed within 30 days of the serving or mailing of the determination of tax due. The hearings officer shall hear and consider any records and evidence presented bearing upon the director's determination of amount due, and makes findings affirming, reversing or modifying the determination. The findings of the hearings officer shall be final and conclusive, and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice. (ORD 2885, 2002; Ord 2991, 2009) 4.34.090 Records It shall be the duty of every operator liable for the collection and payment to the city of any tax imposed by this chapter to keep and preserve, for a period of three years, all such records as may be necessary to determine the amount of such tax. The director shall have the right to inspect all records at all reasonable times. (Ord 2991, 2009) i 4.34.100 Refunds A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once, or has been erroneously or illegally collected or received by the city under this chapter, it may be refunded as provided in subparagraph B of this section, provided a claim in writing, stating under penalty of perjury the specific grounds upon which the hftp://www.ashland.or.us/CodePrint.asp?Branch=True&CodeiD=2219 6/9 i 11/25/2014 City of Ashland, Oregon - Municipal Code claim is founded, is filed with the director within one year of the date of payment. The claim shall be on forms furnished by the director. i B. The director shall have 20 calendar days from the date of receipt of a claim to review the claim and make a determination in writing as to the validity of the claim. The director shall notify the claimant in writing of the director's determination. Such notice shall be mailed to the address provided by claimant on the claim form. In the event a claim is determined by the director to be a valid claim, an operator may claim a refund, or take as credit against taxes collected and remitted, the amount overpaid, paid more than once or erroneously or illegally collected or received in a manner prescribed by the director. The operator shall notify director of claimant's choice no later than 15 F days following the date director mailed the detennination. In the event claimant has not notified the director of claimant's choice within the 15 day period and the operator is still in business, a credit will be granted against the tax liability for the next reporting period, if the operator is no longer in business, a refund check will be mailed to claimant at the address provided in the claim form. C. No refund shall be paid under the provisions of this section unless the claimant established the right by written records showing entitlement to such refund and the j director acknowledged the validity of the claim. i (ORD 2903 2004; Ord 2991, 2009) i 4.34.110 Actions to Collect i Any tax required to be paid by any operator under the provisions of this chapter shall be deemed a debt owed by the operator to the city. Any such tax collected by an operator which has not been paid to the city shall be deemed a debt owed by the operator to the city. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the City Of Ashland for the recovery of such amount. In lieu of j filing an action for the recovery, the City of Ashland, when taxes due are more than 30 days delinquent, can submit any outstanding tax to a collection agency. So long as the City of Ashland has complied with the provisions set forth in ORS 697.105, in the event the City turns over a delinquent tax account to a collection agency, it may add to the amount owing an amount equal to the collection agency fees, not to exceed the greater of fifty dollars or fifty percent of the outstanding tax, penalties and interest owning. (Ord 2885, 2002; Ord 2931, 2006; Ord 2991, 2009) 4.34.120 Violations - Infractions All violations of this chapter are punishable as set forth in AMC 1.08.020. It is a violation of this chapter for any operator or other person to: A. Fail or refuses to comply as required herein; B. Fail or refuse to furnish any return required to be made; http:Uwww.ashland.or.us/CodePrint.asp?Branch=True&CodelD=2219 7/9 f 11/25/2014 City of Ashland, Oregon -Municipal Code i C. Fail or refuse to permit inspection of records; D. Fail or refuse to furnish a supplemental return or other data required by the director; E. Render a false or fraudulent return or claim; F. Fail, refitse or neglect to remit the tax to the city by the due date. Violation of subsections A-D and F above shall be considered a Class I violation. Filing a false or fraudulent return shall be considered a Class C misdemeanor, subject to AMC 1.08. The remedies provided by this section are not exclusive and shall not prevent the City from exercising any other remedy available under the law, nor shall the provisions of this ordinance prohibit or restrict the City or other appropriate prosecutor from pursuing criminal charges under state law or city ordinance. (ORD 2885, 2002; Ord 2991, 2009; Ord 3023, 2010) 4.34.130 Confidentiality Except as otherwise required by law, it shall be unlawful for the city, any officer, employee or agent to divulge, release or make known in any manner any financial information submitted or disclosed to the city under the terms of this chapter. Nothing in this section shall prohibit: A. The disclosure of the names and addresses of any person who are operating a restaurant; or B. The disclosure of general statistics in a form which would prevent the identification of financial information regarding an individual operator; or C. Presentation of evidence to the court, or other tribunal having jurisdiction in the prosecution of any criminal or civil claim or an appeal for amount due the city under this chapter. D. The disclosure of information when such disclosure of conditionally exempt information is ordered under public records law procedures. E. The disclosure of records related to a business' s failure to report and remit the tax when the report or tax is in arrears for over six months or the tax exceeds $5,000.00. The City Council expressly finds and determines that the public interest in disclosure of such records clearly outweighs the interest in confidentiality under ORS 192.501(5). (ORD 2885, 2002; Ord 2991, 2009) 4.34.140 Examining Books, Records, or Persons http://www.ashland.or.us/CodePrint.asp?Branch=True&CodelD=2219 819 11/25/2014 City of Ashland, Oregon - Municipal Code The city, for the purpose of determining the correctness of any tax return, or for the purpose of an estimate of taxes due, may examine or may cause to be examined by an agent or representative designated by it for that purpose, any books, papers, records, or memoranda, including copies of operator's state and federal income tax return, bearing upon the matter of the operator's tax return. (ORD 2885, 2002; Ord 2991, 2009) 4.34.160 Termination of tax i This chapter shall expire on December 31, 2030, unless extended by a vote of the electorate. (Ord. 2707-E, 1993; Ord. 2716, 1993; Ord. 2720, 1993; Ord 2991, 2009) PRINT CLOSE 9/9 http://www.ashiand.or.us/CodePrint.asp?Branch=True&CodelD=2219 I i i CITY OF ~ ASHLAND September 5, 2014 I Rosa & Maria Mexican Restaurant 774 SW6th Street Grants Pass, Oregon 97526 Dear Operator: It has come to the City's attention that you are selling items at the Tuesday Market that may qualify as prepared ! food or beverages per the City of Ashland's Municipal Code Section 4.34 Food & Beverage Tax. The code requires operators selling or catering such items within the city limits to collect a 5% tax, report and remit amounts due. You may not be aware of this requirement or under the belief it does not apply to you. The city staff has determined it is applicable and provides you this opportunity to resolve the issue. Section 4.34 of the AMC and blank forms are enclosed. ! i Please review the enclosure and take steps to comply with all elements extending back to the date you began selling applicable items. You have 15 days from the date of this letter to report and pay your tax obligation or to contact this office and make arrangements. Without prompt attention, additional fees and interest will be added to the total due once they are identified by you or estimated by me. Please note that catering services within Ashland city limits are also subject to tax collections and remittance. Take this opportunity to address any such activity. 1 If you believe AMC 4.34 does not apply to you or the products you sell please state the reason in writing. My review of your documentation will also be reviewed by the city administrator. You will be informed of our decision. A further appeal would require you to pay a fee for a heating. If you need assistance with forms or have questions regarding the code come to the City Hall Customer Service counter at 20 East Main or call 541-488-6004. Your prompt attention to this matter is appreciated. Thank you, Lee Tuneberg Administrative Services and Finance Director CC: City Administrator City Attorney Customer Service Division Finance Department Tel:541AOB-5300 D.L 20 st Mairg, Director Fax East Main Street TTY: 800 800--735-29735-2900 ZO Ashland. Oregon 97520 www.ashland.orms i i CITY OF ASHLAND September 5, 2014 Sultan's Delight 2007 Talent Avenue Talent, Oregon 97540 Dear Operator: It has come to the City's attention that you are selling items at the Tuesday Market that may qualify as prepared food or beverages per the City of Ashland's Municipal Code Section 4.34 Food & Beverage Tax. The code requires operators selling or catering such items within the city limits to collect a 5% tax, report and remit amounts due. You may not be aware of this requirement or under the belief it does not apply to you. The city staff has determined G It is applicable and provides you this opportunity to resolve the issue. Section 4.34 of the AMC and blank forms are enclosed. Please review the enclosure and take steps to comply with all elements extending back to the date you began selling applicable items. You have 15 days from the date of this letter to report and pay your tax obligation or to contact this office and make arrangements. Without prompt attention, additional fees and interest will be added to the total due once they are identified by you or estimated by me. Please note that catering services within Ashland city limits are also subject to tax collections and remittance. Take this opportunity to address any such activity. i If you believe AMC 4.34 does not apply to you or the products you sell please state the reason in writing. My I review of your documentation will also be reviewed by the city administrator. You will be informed of our decision. A further appeal would require you to pay a fee for a hearing. If you need assistance with forms or have questions regarding the code come to the City Hall Customer Service counter at 20 East Main or call 541488-6004. Your prompt attention to this matter is appreciated. Thank you, Lee Tuneberg Administrative Services and Finance Director CC: City Administrator City Attorney Customer Service Division Finance Department Tel: 541-0885300 20 Tuneberg, Director Fax 541-0885311 20 East Main Street TTY: B00-735 2900 Ashland, Oregon 97520 www.ashland.or.us I CITY OF ASHLAND September 23 2014 i Rogue Valley Growers & Crafters Market Monica Rey & Mary Ellen Deluca PO Box 4041 Medford OR 97501 Dear Monica & Mary Ellen: I enjoyed chatting with you yesterday regarding food & beverage tax applicability for those serving prepared food at the Tuesday Growers Market. As we discussed, the city's perspective is that all prepared food purveyors are subject to AMC 4.34 and they are to report and remit the taxes due per the code. Membership in a non-profit organization for business licensing purposes is not the same as them being a non-profit organization. This profit motive is a key concept when considering comparability to other operators in the city. All operators have the choice of charging the amount on top of their prices or the tax can be included in the stated price. Either way is acceptable to the city and existing purveyors have done it both ways. In the meeting you presented a response from Sultan's Delight and the operator indicated he felt exempt from the code and thought we were picking on his business alone. I responded that we also sent a letter to Rosa & Maria's Mexican Restaurant. These are the only addresses we were able to gamer when visiting your event. Sultan's indicated there are over 20 such operators. In order to be fair to all in your association as well as those prepared food purveyors outside of it, I am requesting a list of those businesses and individuals in your association that provide the same service. As soon as I get the list I will send similar letters to all those that we did not see or get information from when we made our tours in July and August. You have the AMC and I am enclosing a form to share if needed. You indicated you are going to take this issue forward, with one concept being to not enforce the code retroactively. I said I would not aggressively pursue payments awaiting your next steps but I also need to notice all involved so I that current records are maintained andlor estimates can be made. Please forward the list immediately. I At this point we are considering retroactivity to be this years operations, at least back to July 1, 2014. Further delays in notifying purveyors could be even more problematic for them to review their records and reporuremit taxes due. I appreciate your prompt attention to this matter. Thank you, d~-._ Lee Tuneberg Administrative Services and Finance Director CC: City Administrator r City Attorney Customer Service Division i Finance Department Tel: 541.488-5300 D.L Tuneberg, Director Fax: 541486-5311 20 East Main Street TTY: 800-735-2900 Ashland, Oregon 97520 www.ashland.or.us October 11, 2014 f Mr. Dave Kanne, Ashland City Administrator 20 East Main RECEIVED Ashland, OR 97520 OCT 1 Re: Food & Beverage Tax Dear Mr. banner: I One of our vendors recently received a letter from Ashland informing him that he is currently and retroactively liable for the F&B tax. Since this was anew issue and never addressed in any CUP or Business License dealings our organization has had with the City of Ashland, none of our vendors have been charging the tax or keeping any specific records on what is actually taxable. It would be a great hardship on these small businesses to have to pay unexpected taxes estimated on income that did not assess the extra costs. We realize that this tax needs clarification for us, but we are asking if it would be possible to j start at the beginning of 2015 so that the vendors have a chance to adjust their prices and record keeping and get set up to correctly collect and deposit the tax. Our season is waning I f rapidly as the weather changes and the markets flux weekly as vendors stop participating. I Please consider this and let us know if this would be a possibility. Thank you, RV( Monica Rey, President 1 I -MarlFet dcations-& TM es TUESDAYS; ,ATHt~R5pAY5:•. _ , . , S:4TUR9AYS, ^t. •,.SATURDAYS, Rdgne'Welle~iGrowerS& - ~ ~(afterS,Mark t': 8:3oa-j:: qp... 83oa` x:3op.: _ ..9:ooa:2:ooP;. Ashlan7" Medford PQ Box4o41 Ashland MedforoArmory • Rational Guard Armory • T7o15. Pacific HWY ' -Oak Street The Comrrions fvledford, OR 97501 -3-42o E. Main 5t. 3113-1-2125 513-10125 6th & Bartlett (54i) 261-5045 3113-11125 513-10125 f ' 1 CITY OF ASHLAND Dave Kanner City Administrator. October 23, 2014 i Ms. Monica Rey Rogue Valley Growers and Crafters Market P.O. Box 4041 Medford, OR 97501 Dear Ms. Rey: Thank you for your letter of October 11. While I appreciate that this is a new issue for you, Ashland's food and beverage tax law has been in place for 20 years. Payment of the tax is the responsibility of the food vendor, not the Growers Market. The food and beverage tax ordinance is completely independent of your CUP or the City's business license ordinance. Be that as it may, we have requested from you a list of all of the vendors of prepared food who worked at the Tuesday Growers Market in 2014. We have also requested your concurrence with notifying all food vendors in the future that they are responsible for payment of the tax. We have requested the list of 2014 vendors for the purpose of educating them that they are responsible for payment of food and beverage tax. There are two vendors from whom City staff made purchases this summer, from among the four who were selling prepared food on the days we visited, thus providing us with evidence that they are "operators" as defined by the food and beverage tax ordinance. The operators were advised of their right to appeal under the Municipal Code and they have not done so. I believe they are now past the appeal window allowed in the Code. I am not prepared to consider any other waiver of retroactivity until the Growers Market agrees to comply with our request as described above. 1 am also willing to discuss it with the City Council to get their feedback. I hope and expect that this can be resolved amicably, but it must begin with your cooperation regarding the requests above. Sincerely, I Dave Kanner, city administrator 20 E. Main St. Ashland, Or 97520 w, Tel: 541-552.2103 dave.kanner@ashland.or.us j www.ashland.or.us t i RECEIVED NOV 13 2014 November 12, 2014 Mr. Dave Kanner Ashland City Administrator_ 20 East Main Ashland, OR 97520 I Re: Rogue Valley Growers & Crafters Market and collection of the City of Ashland Food & Beverage Tax t Dear Mr. Kanner, I i Pursuant to our previous discussion with Mr. Tuneberg, as well as our previous correspondence with you, we are attaching a list of our members who may be subject to the City of Ashland Food ' and Beverage Tax. It is our intention to fully comply with your requirements and, towards that aim, we are encouraging our membership to follow through with the city individually where applicable. It is our hope that we open the 2015 season in full compliance and with complete understanding of the city's municipal code. Furthermore, we will be updating our market policy documents to ensure that our_vendors selling I goods for immediate consumption are informed of the required taxes. This will be done to allow E collection when making sales, as well as to engage in the necessary and accurate recordkeeping associated with suol assessment. i We respectfully ask that you consider beginning this assessment in 2015. Unfortunately, our vendors were unaware of the obligation and have not incorporated the food and beverage tax into their pricing structures (either through embedding them in the pricing of their goods or through explicitly charging the tax to their customers). Additionally, this means that our vendors did not keep records of which sales were, in fact, taxable producty_ I Please understand that our Board meets just once per month to discuss market business matters. Due to this, our time of response maybe delayed. However, we reiterate our intention to comply with the wishes and policies of the city of Ashland. I Sincerely, RVGCM M6nicaRey, President. Market Locations & Times Rogue Valley Growers & TUESDAYS "THURSDAYS SATt1RDAYS SATURDAYS Grafters, Market S:30a -.1:30p 8:30a - 1:30p 8:30a -1:30p 9.00a - 1:00p P.O. 'Box 4041 Ashland Medford Armory Ashland Medford Medford, OR 97501 h`ational Guard 1701 S. Pacific H01Y Oak Street The Commons J Armory 3113-11125 5/3 - 10/25 6th & Bartlett (541) 261-5045 j 1420 E. Main St. 513-10125 7/1Z _ 11/95 ~ I j GROWERS & CRAFTERS M A R K E rr P.O. Box 4041, Medford, Oregon 97501 • (503) 855-1326 Tune 2, 1993 City of Ashland Finance Department Attn: Karen' Huckins City Hall Ashland, OR 97520 Dear Karen, Following are'the naves and addresses of our vendors who have sold items this year that fall under Ashland's food and beverage tax ordinance, if additional vendors who fall under the ordinance join the Ashland growers market, i'll advise there of the ordinance and provide you with their naives as well. Blue Bunny Bakery (Karrie Sunitsch) 488=0654 _ 642 Liberty Street, Ashland Carolyn's I~itchen (Carolyn Morris) 482-5334 129 Orchard Lane, Ashland Four & -Twenty Blackbirds (Martha Dust) 488-0825 258 A Street, #9A, Ashland Lithia ;you?rdough Co: (David « Spirit Light) 482-4661 258 A Street, #3B, Ashland When you have a final ordinance, could you provide me with about ten copies of that and your reporting form? !'I1 give information to each appropriate vendor. Sincerely, a Joyce Schi 1 len Manager CC: Vendors Board I CITY OF ASHLAND Council Communication December 16, 2014, Business Meeting Biennial 2013-2015 Fifth Quarter Financial Report 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 for the "fifth quarter" covering July through September 2014 of the two-year budget with comparisons to budget, between years and to other periods. Even though we have tried to simplify our comparisons they can be complex, thus confusing, and we apologize for this in advance. BACKGROUND AND POLICY IMPLICATIONS: Financial reports are intended to present information in formats consistent with the department, fund and business activity presentations included in the adopted biennium budget document and the manner in which they will be shown in the end of year report. Quarterly reports are prepared by staff to keep Mayor and Council current on the financial conditions of the city. Presenting financial reports on a regular basis allows Council and top management to ask questions and for staff to highlight trends and anomalies and to make recommendations on necessary changes in a timely fashion. 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. COUNCIL GOALS SUPPORTED: ORGANIZATION AND GOVERNANCE GOAL (2013-15) Provide high quality and effective delivery of the full spectrum of city service and governance in a transparent, accessible and fiscally responsible manner. FISCAL IMPLICATIONS: This report reflects operations to date on the biennial budget. The annual audit has been competed for the first year with no significant indications that budget compliance cannot be achieved through to June 30, 2015. Staff will closely evaluate the next quarter's numbers to date to recommend any needed budget changes and to begin preparing for the next biennium budget to be considered in the spring of 2015. Additional information can be made available if so desired by Council. Page I of 2 CITY OF -ASHLAND STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council accept the quarterly report. SUGGESTED MOTION: I move to accept the fifth quarter financial report for BN 2013-2015. ATTACHMENTS: Financial Report Financial Statements Page 2 of 2 LrPTAWA CITY OF Financial Report Narrative ASHLAND Fifth Quartet of the B x 3z2,0,15 ) This This Financial Report covers the first five quarters (July 1, 2013 through September 30, 2014) of the eight quarters of the biennium 2013-15 (62.5%). Those five quarters are compared to the 2013-15 biennium budget, and to the prior two-year period of five quarters (July 1, 2011 through September 30, 2012). In addition to the five quarters, this report also compares the first quarter of this fiscal year to the first quarter of the prior fiscal year (i.e. first quarters of the fiscal years 2014-15 and 2013- 14)...both within this biennium. These comparisons can be a little confusing and we apologize in advance. Summary of Cash and Investments (See page one of the attached financial statements) This summary shows the change in cash balances between September 30, 2014 and September 30, 2013, and is intended to give the reader an understanding of changes in the City's cash position across funds and investment types. 1. Total cash was $26,528,234 at September 30, 2014 which was $4.1million less than the balance at September 30, 2013. 2. Only 24% or $6.3 million did not have some restriction on use. 3. Investments were $24.7 million in the Local Government Investment Pool (LGIP or Pool), and $1.0 million in other City investments. The rest of the cash was in general bank accounts to fund immediate needs at that time. Material changes in cash balances between fiscal years Material decreases between September, 2014 and September, 2013 cash balances were in the General Fund, Reserve Fund, Water Fund, and the Equipment Fund. Material increases were in the Street and the Insurance Funds. 1. The decrease in the General Fund cash resulted from the net reduction during the 12 month period from October 1, 2013 to September 30, 2014. During this period there were payments to Parks that were not made in the previous period. 2. The decrease in the Reserve Fund can be attributed to the interfund loans to the Health Benefits Fund and transfers to the General Fund and Central Service funds for approved programs. 3. The decrease in the Water Fund can be attributed to the increase in capital projects like the Talent-Ashland-Phoenix (TAP) waterline. 4. The decrease in the Equipment Fund resulted primarily from purchases of fire trucks. 5. The increase in the Street Fund resulted from an increase in rates and a decrease in capital outlay expenditures between years. Page 1 of 12 ~r, 6. The increase in the Insurance Fund was from the additional PERS reserve payments during this period. Statement of Revenues and Expenditures - Citywide (Page 2 of the financial statements) This schedule is intended to provide an overall sense of the City's financial activity for the 15 month period of the biennium (biennium to date or BTD) compared to the BN 2013-15 budget (the budget) and to the prior 15 month period (in the previous two-year period). Excess (Deficiency) of Resources over Requirements for this BTD was a deficit of $<6.3> million. That means all requirements (expenditures and budgetary requirements) exceed all resources excluding working capital carry over by $6,259,213. In the previous two-year period resources exceeded requirements by $2,871,935. This was a total decrease of $9.1 million ($4.4 million shortfall in operations, $1.4 million reduction in financing, and $3.3 million increase in capital outlay). Some of the factors involved are the $4.4 million shortfall of operations included an increase in personal services of $5.0 million, an increase in materials and services of $13.9 million offset by an increase in charges for services - rates/internal of $14.5 million. Total Resources To Date for the Biennium: Total City-Wide Resources (Revenues and Budgetary Resources) were 57.3% of budget. This is below the 62.5% average and was expected because the majority of the property taxes for the second year of the biennium won't be collected until November. 1. The increase in revenue over the prior period was due to additional internal charges paid between funds in the amount of $10.2 million (payments to Health Benefits Fund and to Parks and Recreation). Revenue (net of the additional payments) was $83.6 million, up from the previous YTD biennium amount of $79.3 million. 2. The largest increase in revenue was from charges for services - rate & internal. The charges for services - miscellaneous service fees were below the budget target because the engineering fee revenue and new electric service connection revenue were less than projected. Other changes in revenue include a reduction in intergovernmental revenue, increases in taxes and miscellaneous revenue. • The revenue from utility sales increased $3.8 million in this BTD biennium compared to the previous period biennium, and was 60.7% of budget. • There was a $1.1 million decrease in intergovernmental revenue because of a reduction in the AFR program, and the reduced amount of the intergovernmental revenue for financing of Parks capital projects. • Tax revenue increased $1.7 million from a combination of additional property taxes (4.7% increase) and electric user taxes (12.1% increase). Miscellaneous revenue increased $722,287 primarily from PER's reserve payments in the Insurance Fund. 3. Budgetary resources in total did not change significantly; however the City did have a lower level of financing, an increase in interfund loans and an increase in transfers. • Other financing sources were $1,654,000 this BTD (Water Fund) and were $3,060,434 (Capital Improvements Fund) in the previous period. The financing in the previous BTD Page 2 of 12 ~r, included the Fire Station. Financing in the current BTD was for the Water Fund, and is 17.4% of budget. Budgetary resources for financing were below budget because there were changes in the timing of capital projects budgeted. • The increase in interfund loans was to support the Health Benefits Fund. • The increase in transfers was $802,000 from Parks to its Capital Fund for projects and equipment. Total Resources First Quarter of FY 2014-15: 1. City-wide revenue increased 8.4% between first quarters of FY 2014-15 and FY 2013-14. Total revenue was $17.4 million this year and was $16.0 million last year. • This increase was due to additional internal charges paid from one fund as an expense to another fund (treated as revenue) inflating the total. The payment to Parks in the first quarter of this year was $1.2 million while no payments were made in the first quarter of the prior year. The internal payment to Health Benefits Fund was $1 million in each of the first quarters of the two years. Without considering the additional payments, the difference in total revenue between years was less than 1 % instead of the 8.4%. • The utility sales revenue for the first quarter of this year increased to $7.3 million from $7.2 million last year (1.4% increase) despite rate increases averaging 6%. 2. Budgetary resources were $2 million this first quarter and were $195,654 in the first quarter of last year. The $1.8 million increase this year was a result from an increase in financing and interfund loan activity. Financing this year was in the Water Fund for $674,370. Interfund loans were $890,000 and transfers between funds were $433,046. • The Health Benefits Fund repaid $125,000 to the Reserve Fund. • The Debt Service Fund repaid $364,795 to the Central Services Fund. • The Reserve Fund loaned the Health Benefits Fund $400,000. 1st Quarter FY 2014-15 Resources 1st Quarter FY 2013-14 Resources wcc, wcc, $31,991,796 Revenue, Revenue, $33,966,631 $16,023,696 $17,375,291 Financing, Transfers, $674,370 $433,046 Interfund loan, Transfers, $1,264,795 $194,654 Interfund loan, $1,000 Total City-Wide Requirements (Operating Expenditures, Capital Outlay, and Budgetary Requirements) were 56% of the biennium budget. Operating expenditures were 61.2% of budget. Capital outlay was 36.4% of budget. Budgetary requirements were 34.3% of budget. Only $1,000 of contingency was used and that was in the Capital Improvements Fund to cover the last payment to the Equipment Fund for the Clay Street Land purchase from Open Space Revenue. Page 3 of 12 ~r, i Total Requirements Biennium to date (BTD): 1. Just as in the "Total Resources" section above, the total requirements were inflated due to additional payments. These additional payments were in materials and services. The General I Fund paid Parks to provide services. The City Departments paid the Health Benefits Fund to support the costs for health claims and insurance premiums. 2. The $5.0 million increase in personal services costs was due to fewer vacant positions, cost of living and labor contract adjustments, and higher PERS rates. The rate of city-wide increase in personal services was 17.1 % and was anticipated in budget. Personal services were 62.1 % of budget. 3. The $13.9 million increase in materials & services included $10.2 million of the above mentioned additional payments. The previous period did not include any additional payments. Excluding the additional payments, materials and services increased 10.1 The full amount of materials & services for the current BTD was 61.1% of budget. Just under the 62.5% pro rata target. 4. Debt Service held steady between periods and was 57.0% of budget. Capital outlay this YTD biennium was $11,044,251 and was $7,716,392 in the previous two-year summation. Total Requirements First Quarter of FY 2014-15: 1. City-wide operating expenditures increased 11.5% between first quarters. Total operating expenditures were $19.4 million this year and were $17.4 million last year. • Here again, the total was inflated by the general fund payment to Parks in the amount of $1.2 million, where the prior year first quarter there was no payment made. The payments out of the Health Benefits Fund were approximately $1.0 million each of the two years' first quarters. Without considering the additional payments, total operating expenditures increased 4.9%. • Personal Services increased 7.1% between first quarters of the two fiscal years. This is a lower rate of increase than was shown in the comparison of the two periods. Materials & Services (without regard to the additional payments) increased by 3.6%. Debt Service increased slightly due to debt for the fire station #2 project. • Capital project spending outpaced the prior first quarter by $1.7 million, primarily in the Water Fund for the TAP project. 1st Quarter FY 2014-15 Requirements 1st Quarter FY 2013-14 Requirements Ending Fund Ending Fund Interfund Balance, Balance, loan, $27,909,246 Personal $31,499,450 $1,264,795 Services, Interfund Personal $7,299,174 loan, $1,000 i Services, Transfers Out, $6,815,972 $233,046 Transfers Debt Service, Out, $194,654 $1,220,874 Capital materials & Capital Materials & Outlay, Services, Debt Service, Outlay, Services, $2,808,975 $10,903,185 $1,122,032 51,123,897 $9,428,976 Page 4 of 12 ~r, Schedule of Budgetary Compliance (Pages 3-6 of the financial statements) The Schedule of Budgetary Compliance presents expenditures on a budget basis by fund, consistent with the resolution adopting appropriation levels for the biennium and subsequent amending resolutions. Being a biennium report, it is presented for the end of the fifth quarter out of a total of eight quarters. Thus 62.5% is an acceptable average for expenditures. 1. The Citywide expenditures in aggregate were below the anticipated 62.5% level expended for the biennial to date. i 2. There was- one supplemental budget and one appropriation transfer resolution for the YTD biennium. 3. The exceptions to the anticipated 62.5% level expended for this period were the normal exceptions for economic and culture grants, debt service payments, intergovernmental loans payments, and capital outlay. FINANCIAL ANALYSIS OF THE CITY OF ASHLAND'S FUNDS The analyses of the funds below highlight a few of the changes in resources and requirements. As in the city-wide analysis above, the fund analysis is detailed by YTD biennium and first quarter fiscal year. Because budget is a biennium budget, actual to budget is displayed only on the biennium. General Fund (Page 7 of the Financial Statements) Biennium to date (BTD): The General Fund's shortfall of resources below requirements was $<2.7> million. The shortfall was $<817,527>in the previous two-year period. The primary cause for this difference was the increase in expenditures for public safety of $2.1 million. 1. Total resources to date increased $5.9 million. Property tax revenue was $5.4 million of that total. Total expenditures increased $7.8 million. • The payment to Parks for the current biennium was $5.1 million, which included $1.2 million in the first quarter of FY 2014-15. • BTD public safety operating expenditures were $15.8 million (66.5% of budget), and the previous period was $13.7 million. • Public safety personal services were $11.8 million (62.3% of budget) and the previous period was $9.9 million (18.2% increase). These costs increased as mentioned in the "requirements city-wide" section above, due to a combination of cost-of-living adjustments, and the increase in contribution to the PERS reserve. • Public Safety Materials and Services were $4.1 million (62.1 % of budget) and the prior period was $3.8 million (a 7.9% increase). Page 5of12 ~r, First Quarter: The General Fund's shortfall of resources below requirements in the first quarter of this year was $<3.0> million. Last year's first quarter's shortfall was $<1.8> million. A loss in the first quarter was anticipated due to required expenditures and the timing of property tax receipts. 1. This year the fund recorded $269,390 (9.9%) more resources than last year, primarily in building permits. 2. Requirements included a $1.2 million payment to Parks. Excluding this payment, the operating expenditures increased over the prior year by $174,050 (3.9%). Other requirements included a transfer of $191,824 to the Debt Service Fund from the downtown parking surcharge revenue per requirements. 3. Personal services increased 6.7%. Materials and services (net of Parks payment) remained constant in the first quarter this year compared to the prior year. 4. Public Safety operating expenditures were $3.3 million this fiscal year and only increased $102,864 over the first quarter of the prior year. • Public Safety Personal Services were $2.5 million this fiscal year and the prior year was $2.4 million (6.7% increase). Police Personal Services were $1.2 million (3.2% increase over prior year) and Fire was $1.3 million (9.9% increase). The Fire Department additional increase was in overtime. • Public Safety Materials and Services were $804,261 this fiscal year and was $854,357 last fiscal year (6.2% decrease). Police Material & Services were $403,337 (0.07% decrease from the prior year) and Fire was $400,924 (11.7% decrease). The largest decreases were the Fire Department's bad debts, supplies and programs. Street Fund (Page 10 of the Financial Statements) Biennium to date (BTD): The Street Fund's revenues-over-expenditures at the Biennium to date were $618,012. The previous YTD biennium was $624,693. Total revenue and expenditures both decreased $1.3 million each. 1. Total revenue was $4.6 million (58.8% of budget). Total expenditures were $4.0 million (40.1% of budget). • Intergovernmental revenue was down by $1.4 million this biennium due a reduction of ODOT payments for jurisdictional project work. • Operating expenditures were up 10.0% and were 59.5% of budget. Personal Services increased by 12.2% and were 61.2% of budget. Materials & Services increased by 8.7% and were 58.6% of budget. Debt Service was $126,036 and 34.3% of the $368,067 budget. No debt service was required of this fund in the previous period. • Capital outlay was down by $1.7 million due a reduction in transportation projects and was 15.9% of budget. Page 6 of 12 First Quarter: This fund's revenues-over-expenditures amount was $297,511 and the prior year was $44,007. Revenue in the Street Fund was up 9.5% primarily from system development and assessment fees. 1. Charges from rates increased 1.9% this year. Other revenue line items that increased were the System Development Fees and the Assessment Fees. Gas tax proceeds were slightly lower than the prior year first quarter. 2. Operating expenditures held steady between years and the spending on capital projects were reduced resulting in total expenditures being 80.6% of the prior year. • Personal Services were $247,071 for the first quarter of this fiscal year and the prior fiscal year was $250,258. • Materials and Services were $428,223 this fiscal year and the prior fiscal year was $426,217. • No Debt service payments were paid in the first quarter of either year. • Capital Outlay was $19,288 and was $185,373 last year. Capital Improvements Fund (Page 12 of the Financial Statements) Biennium to date (BTD): This fund's shortfall was $<84,526> and the previous YTD biennium resources-over-requirements were $1,430,547. Both financing and capital project spending were below the previous biennium level and below budget. 1. Total resources for this biennium were $1.9 million (25.9% of budget) and were $5.0 million in the previous YTD biennium. The previous YTD biennium had $3.1 million in financing whereas there have been no financing this YTD biennium. The resources were significantly below budget at this point in the biennium because of the $3.4 million budgeted financing for anticipated of Park Improvements. 2. Total expenditures were 2.0 million (27.9% of budget). The below budget situation here is due to Parks Improvement projects in the amount of $718,383 lagging behind budget amount of $3.9 million, the $500,000 in bond proceeds for the Butler-Perozzi fountain repair included. 3. There was less capital project spending because of the completion of Fire Station 2 and the Police department remodel. First Quarter: This fund's revenues-over-expenditures were $86,807 for the first quarter of this year and the prior year was $94,122. There was very little change in revenue and expenditures between first quarters of each year. The internal charges revenue had no change. Water Fund (Page 14 of the Financial Statements) Biennium to date (BTD): This fund's shortfall was $<587,767> and the previous periods' revenues-over-expenditures was $1,572,241. The primary cause of this difference was the increase in capital outlay. E 1. Total resources this BTD were $10.3 million (66.4% of budget). The previous periods' resources were $7.8 million (a 32.1 % increase). There was an 18.4% increase in water sales Page 7 of 12 ~r, revenue between the two, two-year periods due to regular rate increases. This BTD there was $1.7 million financing (59.3% of budget) and in the previous comparable period there was none. 2. Total requirements this YTD Biennium were $10.9 million (61.5% of budget). The previous YTD biennial requirements were $6.3 million (73.7% increase). Operating expenditures increased $1.1 million (19.5% increase). • Personal Services increased to $2.2 million from a $1.8 million (20.8%) increase, and were 64.8% of budget. The reason for the increase greater than the city-wide average for was because the Water Fund required the use of temporary employees. • Materials & Services increased to $3.7 million from $3.0 million (23.1% increase), and were (64.2% of budget). Increases were primarily for chemicals, utilities, and infrastructure costs. • Debt Service increased to $713,507 from 708,178 (0.08% increase), and was 50.3% of budget. 3. Capital outlay to date for this biennium was $4.1 million (62.8% of budget) and was $483,940 in the previous two years. First Quarter: This fund had a loss in the first quarter of this year of $<423,606>. In the first quarter of the prior year it had revenues-aver-expenditure of $1,206,389. The primary difference is the additional capital outlay this year. Other causes were a decrease in sales revenue and increase in operating costs. 1. Total revenue this quarter was $3.0 million and the prior year was $2.5 million. This year there was financing of $674,370 in the first quarter and there was no financing received in the first quarter of the prior year. Less water was sold in this first quarter resulting in water sales revenue being 92.8% of the previous year's first quarter. 2. The increase in operating expenses was 18.1%. Personal services increased 20.5% over last year's first quarter. Materials & Services increased by 16.6%. Reasons for the increases were stated above in the BTD section of the Water Fund. 3. Capital outlay increased from the prior year by $2.0 million in this first quarter compared to the prior year mostly for the TAP emergency intertie project. Water Sales Revenue - ist Qtr Water Sales Cubic Feet - ist Qtr $2,500,000 60,000,000 45,000,000 E1,500,000 30,000,000 $500,000 15,000,000 s(500,000) 4~0~~ ryo1~,~,y ti~"~'~~ Q~,~1a o^~~~ ~~o,~o~ ~~o,~,~:~'~~~o,~ti:~'~~~o,~~~•a ryo1~N5 Fyn Page 8 of 12 ~r, 4 I Wastewater Fund (Page 15 of the Financial Statements) Biennium to date (BTD): This fund's revenues-over-expenditures was $123,816 and the previous periods' shortfall totaled $<216,900>. The primary reason for the improvement is rate increases. 1. Total revenue for this biennium was $7.5 million (46.9% of budget). There was a 15.9% increase in charges for services revenue. The reason for the lag behind budget is the $3.3 million budgeted for financing which has not yet happened. 2. Total expenditures were $7.4 million (42.8% of budget). Previous periods' total expenditures were $6.8 million, an 8.8% increase. • Personal Services were $1.3 million (59.9% of budget) and the previous period was $1.2 million (10.2% increase). • Materials and services were $3.6 million (60.0% of budget) and the previous period $3.4 million (7.7% increase). • Debt Service was $1.7 million (49.7% of budget) and the previous YTD biennium was $1.670 million (2.1 % increase). • Capital Outlay was $723,322 (14.2% of budget) and the previous YTD biennium was $558,855 (29.4% increase). Budgeted projects were $5,089,925 including the wastewater plant oxidation ditch and restoring stream frontage. First Quarter: This fund's revenues-over-expenditures for the first quarter of this year were $143,201 and last year there was a loss of $<127,758>. 1. Charges for sales revenue increased 7.3% as a result of a rate increase. There was a $24,762 increase in food and beverage taxes revenue in the first quarter. 2. Operating expenditures increased only 1.5%. The personal services increased the same as the city wide average of 7%. Materials and services decreased because more was spent on the facility planning study last year. 3. Capital outlay spending was less this year because the first quarter of the prior year included the Ashland Creek Sewer project on Hersey Street. Electric Fund (Page 16 of the Financial Statements) Biennium to date (BTD): This fund's revenues-over-expenditures shortfall was $<348,415> and the prior periods' total shortfall was $<168,130>. 1. Charges for service were $17.0 million (59.4% of budget) this period, and were $15.2 million in the prior period. The 5.9% increase in sales revenue was due to rate increases. 2. All expense categories for the BTD were more than the prior twenty-four month period except the small debt service amount. Overall expenses were $1.5 million more as compared to the $1.3 million in revenues. First Quarter: This fund's revenues-over-expenditures were $80,021 and the first quarter of the prior year was $113,651. Page 9 of 12 all 1. Revenue for electric sales increased 5.3% in line with the rate increase in December 2013. 2. Personal Services increase was below the city-wide average coming in at 3.6%. Materials & i Services increased 6.8% over the prior year primarily from an increase in costs for the conservation program and an increase in infrastructure costs. Telecommunications Fund (Page 17 of the Financial Statements) Biennium to date (BTD): This fund's revenues-over-expenditures shortfall was $<219,215> and the prior periods' revenue over expenditures were $15,728. Revenues remained steady between periods at $2.4 million. This biennium total revenue was 61.6% of budget. Expenditures increased to $2.6 million from $2.4 million (10.5% increase), and were 59.9% of budget. Debt service for technology debt stayed the same at $609,000 between periods. 1. Personal services increased 15.4% and were 63.15 of budget. 2. Materials and services increased 9.4% and was 59.8% of budget. 3. Capital Outlay increased 69.7% to $116,923 and was 38.0% of budget. First Quarter: Not much of a change in this fund's results between first quarters' of the fiscal years. It continued with a loss this quarter similar to the first quarter of last year. The main difference is that last period $50,000 more was spent on capital outlay for switching equipment. Central Services Fund (Page 18 of the Financial Statements) Biennium to date (BTD): This fund's revenues-over-expenditures for the current BTD were $238,072 and previous period were $661,954. Increases in all divisions outpaced added revenues. Revenues increased at a rate of 3.0% and expenditures increased at a rate of 15.7%. 1. Other resources consisting of interfund loan repayment and transfers of $454,795 helped this fund from running a shortfall in the current BTD. Internal services revenue increased 6.2%. However other revenue dropped by $202,720 primarily from lower engineering fees. 2. Expenditures were 59.2% of budget, and increased $1.1 million. Personal Service increased 19.4% and was 61.2% of budget. Materials and services increased 16.5% and was 54.9% of budget. Capital Outlay was $42,636 (60.1 % of budget), and for the previous period it was $209,622. First Quarter: This fund's revenues-over-expenditures were $221,164 this year and the last year it were $89,855. The main reason for the increase was the $364,795 repayment of the interfund loan from the Debt Service Fund. 1. Internal charges increased across the board by 2% resulting in $37,848 additional internal services revenue in the first quarter. 2. Personal services costs increased to $1.3 million from $1.2 million (9.1%). Page 10 of 12 ~r~ 3. Material and services increased 10.1 The largest increase was in the Computer services division. Approximately $50,000 was spent on computers and software, and an additional $25,000 were purchases of computers in capital outlay. Health Benefits Fund (Page 20 of the Financial Statements) Biennium to date (BTD): Health Benefits Fund had not yet been created in the previous biennium. It had an excess of resources over requirements of $381,015 for this BTD. It paid back $125,000 (one quarter for this year's total) to the Reserve Fund based upon cash availability and borrowed the rest of the amount budgeted for a total of $900,000 over the biennium. 1. Resources were 69.8% of budget and requirements were 66.2% of budget. First Quarter: This fund showed $211,649 for the first quarter of this year and showed resources over requirements of $276,890 for the first quarter of last year. This fund accounts for employee health benefits and premiums, self insurance direct claims, and administration. Revenue is from departmental personal services payments per FTE. 1. Total revenue this first quarter was $1.0 million consisting of internal revenue from departments which was consistent with the prior year. The difference in total revenue included a one-time refund from Pacific Source of $211,795 last year which was not received in the first quarter of this year. Last year $500,000 was borrowed from the Reserve Fund to start this program and the remaining budgeted amount was borrowed this first quarter. 2. Expenditures this year were for $1.1 million spent on health claims, premiums and contract services. Other requirements included a $125,000 inter fund loan repayment to the Reserve Fund the first quarter of this fiscal year. The remaining $375,000 in inter fund loan repayments are expected to be made throughout this year as cash becomes available. Equipment Fund (Page 21 of the Financial Statements) Biennium to date (BTD): The Equipment Fund's revenues-over-expenditures shortfall was $<667,599> for this BTD. The previous period had revenues-over-expenditures of $1,051,031. Less interfund loans and fewer I grants contributed to the 22.3% reduction in resources. Increase in maintenance costs along with more in equipment purchases contributed to the $1.1 million increase in expenditures. 1. Internal Charges revenue was 68.8% of budget and total requirements were 61.6% of budget. First Quarter: This fund's revenues-over-expenditures were $149,649 and last year it was $199,177. 1. There was no change in the internal services revenue this year compared to last year. 2. Maintenance costs increased 4.5% over the prior year. 3. One of the two fire trucks was paid for in the first quarter of this year. Both fire trucks were recorded as purchases in the last quarter of the previous fiscal year. A 2014 Chevrolet Caprice police patrol car was purchased and paid for in the first quarter of this fiscal year. Page 11 of 12 ~r, 1 Parks and Recreation Fund (Page 23 of the Financial Statements) Biennium to date (BM): The Park Funds recorded $1,485,750 more expenditures than revenue during this BTD. The previous period had a revenues-over-expenditures shortfall of $<1,232,676>. The internal payment from the General Fund to Parks in the current YTD biennium was approximately $750,000 larger than the property tax receipts received in the previous period. The increased shortfall can be attributed to increased expenditures including the increased amount transferred to the Parks Capital Fund. 1. Park's revenues were $6.3 million this YTD biennium and were $5.6 in the previous YTD biennium (11.2% increase) and were 58.3% of budget. 2. Park's requirements were $7.7 million this YTD biennium and were $6.9 million in the previous YTD biennium (12.9% increase) and were 64.3% of budget. First Quarter: Park's revenues-over-expenditures shortfall was $<285,710> this year and last year was $<1,232,911>. The primary reason for the improvement this quarter of the fiscal year was the payment from the City. 1. Parks received $1.2 million from the General Fund for services provided and to maintain adequate cash levels the first quarter of this year, no payments were received in the previous year's first quarter. 2. Parks & Recreation expenditures increased by 1.4%. Parks' other requirements included a transfer of $200,000 to the Park's Capital Improvements. Park's Capital Improvement Fund (Page 24 of the Financial Statements) YTD Biennium: Park's Capital Improvement Fund's revenues-over-expenditures shortfall for the current YTD biennium was $<276,438> in the previous YTD biennium it was $<121,827>. 1. Park's Capital Improvement Fund's revenues were 31.6% of budget and expenditures were 37.7% of budget. 2. This fund has $3.9 million budgeted for intergovernmental revenue for financing Park's capital projects. Intergovernmental revenue of $718,383 has been received this YTD biennium. No payments were received in the previous YTD biennium. I 3. Capital outlay of $1.8 million has been spent out of a budget of $4.9 million. The previous period spending on capital projects was $204,118. Capital spending this YTD biennium included the Ashland Creek Park project, the ice rink cover project, and the following equipment: three pickup trucks, two mowers, and one Bobcat loader. First Quarter: Park's Capital Improvement Fund revenues-over-expenditures shortfall for the first quarter of this year was $<221,288> and in the previous year it was $<285,957>. 1. No receipt of food & beverage tax from the City' Capital Improvement Fund for eligible deferred maintenance and capital improvement projects was received in either of the two first quarters. Page 12 of 12 I 2. This fund received a $200,000 transfer from Park and Recreation in the first quarter of this fiscal year. None was received in the first quarter of the prior year. 3. Capital outlay was $426,009 for this first quarter and was $268,795 last year. 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. z i i i I i I f G E F Page 13 of 12 ~r, y City of Ashland Summary of Cash and Investments September 30, 2014 Balance Balance Change From Fund September 30, 2014 September 30, 2013 FY 2013 General Fund $ 1,211,756 $ 2,141,381 $ (929,625) Community Block Grant Fund 24,667 27,850 (3,183) Reserve Fund 63,829 830,738 (766,909) Street Fund 4,874,905 4,322,832 552,073 Airport Fund 80,441 110,315 (29,874) Capital Improvements Fund 2,042,839 2,332,634 (289,795) Debt Service Fund 165,934 446,957 (281,023) Water Fund 3,916,107 6,245,190 (2,329,083) Wastewater Fund 4,127,404 3,865,567 261,837 Electric Fund 1,959,655 2,302,470 (342,815) Telecommunications Fund 213,393 225,393 (12,000) Central Services Fund 1,421,847 1,266,660 155,187 Insurance Services Fund 1,678,744 856,244 822,500 Health Benefits Fund 338,303 253,132 85,171 Equipment Fund 2,741,025 3,578,797 (837,772) Cemetery Trust Fund 906,077 876,479 29,598 $ 25,766,925 $ 29,682,641 $ (3,915,716) Parks & Recreation Agency Fund 761,309 965,543 (204,234) 761,309 965,543 (204,234) Total Cash Distribution $ 26,528,234 $ 30,648,184 $ (4,119,950) Manner of Investment General Banking Accounts $ 822,235 $ 1,389,941 $ (567,706) Local Government Inv. Pod 24,705,999 29,258,243 (4,552,244) City Investments 1,000,000 - 1,000,000 Total Cash and Investments $ 26,528,234 $ 30,648,184 ( i Dollar Distribution Cash Balance Distribution I centtlsafts, perh and i Insurance and Remation Funds Equiprient Fulls Trust 23% Claims& $909,198 Unassigned Judgments 3% $661,262 $6,277,278 - SDC's 3% 24% 56,866,880 Asset Forfeited 26% $14,579 Ubrary 0% 101hwiGww 1 $42,000 Gwalment► 0% T 5709,881 m BusinessTTpe 3+'% Debt Reserved 0% Funds $2,726,282 39% 10% Other Reserved $8,920,874 34% 3. Sep FYtS %&,d A ROW iigpdaled 1 t-2144x4 x 1 1121014 City of Ashland Statement of Revenues and Expenditures - City Wide As of September 30, 2014 162.5% of biennium) Biennial Percent Sum of Actuals To Date Actuals Budget Collected FY 2012 & FY 2013 Resource Summary (15 months) 2013.2015 Expended Balance YTD EOY Revenues Taxes $ 22,741,898 $ 41,694,083 64.5% $ (18,952,185) $ 21,076,408 $ 39,387,379 Licenses and Permits 1,178,747 1,545,692 76.3% (366,945) 1,506,197 1,923,781 Intergovernmental Revenues 3,515,467 10,261,293 34.3% (6,745,826) 4,664,578 8,194,478 Charges for Services - Rate & Internal 61,042,266 99,114,722 61.6% (38,072,456) 46,575,722 74,722,573 Charges for Services- Misc. Service fees 1,863,591 3,580,039 52.1% (1,716,448) 2,315,383 3,407,192 System Development Charges 751,535 610,000 123.2% 141,535 1,192,149 1,540,397 Fines and Forfeitures 228,512 339,000 67.4% (110,488) 206,510 364,840 Assessment Payments 112,676 272,000 41.4% (159,324) 50,317 84,590 Interest on Investments 228,891 339,700 67.4% (110,809) 251,782 385,866 Miscellaneous Revenues 2,176,985 1,295,494 168.0% 881,491 1,454,698 4,368,832 Total Revenues 93,840,569 159,052,023 59.0% (65,211,455) 79,293,743 134, 79,928 Budgetary Resources: Other Financing Sources 1,654,000 9,495,600 17.40/9 (7,841,500) 3,060,434 7,967,838 interfund loans 1,559,795 1,949,000 80.0% (389,205) 616,000 1,199,795 Transfers In 1,273,973 1,782,324 71.5% (508,351) 562,886 943,566 Total Budgetary Resources 4,487,768 13,226,824 33.9% (8,739,056) 4,239,320 10,111,igg Total Resources 98,328,337 172,278,847 57.1% (73,950,511) 83,533,063 144,491,127 Requirements by Classification Personal Services 34,485,594 55,561,890 62.1% 21,076,296 29,439,849 48,186,060 Materials and Services 60,590,458 82,827,698 61.1% 32,237.240 36,659,544 60,388,688 Debt Service 5,631,649 9,877,574 57.0% 4,245,925 5,655,707 9,461,498 Total Operating Expenditures 90,707,701 148,267,162 6129L 57,559,461 71,755,100 118,036,146 Capital Construction Capital Oullay 11,044,251 30,302,248 36.4% 19,257,997 7,716,392 13,967,343 Interfund Loans 1,559,795 1,950,000 80.0% 390,205 616,000 1,199,795 Transfers Out 1,273,973 1,782,324 71.5% 508,351 562,886 943,566 Contingencies 4,541,000 0.0% 4,541.000 - Total Budgetary Requirements 2,833,768 -KT7FJN- 34.3% ---5.F3-9.-5-5F 1,178.886 2,143,361 Total Requirements , 104,585,720 186,842,734 56.0% 82,257,014 80,650,378 134,146,850 Excess (Deficiency) of Resources over Requirements (6,257,383) (14,563,887) 57.0% 8,306,504 2,882,685 10,344,277 Waking Capital Carryover 33,966,629 29,998,454 113.2% 3,968,175 23,622,352 23,622,352 Unappropriated Ending Fund Balance $ 27,709,246 $ 15,434,567 179.5% $ 12,274,679 $ 26,505,037 $ 33,966,629 s Sep M5F-,M R W MdAW lia1-14)A 2 11MM14 I { City of Ashland Schedule of Budgetary Compliance Per Resolution #2013-19, 2014-12 & 2014-13 As of September 30, 2014 ( 62.6% of biennium) Biennial to date actuals (15 Biennial Budget Percent Months) 2013-2015 Used Balance General Fund Administration $ 165,738 t 553,465 29.9% $ 387,727 Administration - Library 487,988 812,000 60.1% 324,012 Administration - Tourism 16,202 61,232 26.5% 45,030 Administration - Parking - 287,725 0.0% 287,725 Administration - Municipal Court 635,896 994,970 63.9% 359,074 Administrative Services - Social Services Grants 254,045 257,688 98.6% 3,643 Administrative Services - Economic & Cultural Grants 982,095 1,433,226 68.5% 451,131 Administrative Services - Miscellaneous 103,770 261,251 39.7% 157,481 Administrative Services - Band 92,866 120,390 77.1% 27,524 Administrative Services - Parks 5,132,015 8,856,000 57.9% 3,723,985 Police Department 7,664,100 12,463,656 61.5% 4,799,556 Fire and Rescue Department 8,221,196 13,134,420 62.6% 4,913,224 Public Works - Cemetery Division 404,028 704,551 57.3% 300,523 Community Development - Planning Division 1,564,208 2,730,822 57.30/6 1,166,614 Community Development - Building Division 822,028 1,390,632 59.1% 568,604 Transfers 192,824 192,824 100.0% - Contingency - 1,041,000 0.0^/0 1,041,000 Total General Fund 26,738,999 45,295,852 59.0% 18,556,853 Community Development Block Grant Fund Personal Services 45,259 61,100 74.1% 15,841 Materials and Services 225,312 406,735 55.4% 181,423 Total Community Development Grant Fund 270,57 461,M 57.8% 191,264 Reserve Fund Interfund Loan 900,000 900,000 100.0% - Transfers 190,000 190,000 100.0% Total Reserve Fund 1,UqU.00U 1,090,000 100.0% Street Fund Public Works - Street Operations 3,139,961 7,628,710 41.2% 4;488,749 Public Works - Street Operations Debt 112,669 341,750 33.0% 229,081 Public Works - Storm Water Operations 703,294 1,247,230 56.4% 543,936 i Public Works - Storm Water Operations Debt 13,367 26,317 50.8% 12,950 Public Works - Transportation SDC's 36,424 446,613 8.2% 410,189 Public Works - Storm Water SDC's 2,044 80,600 2.5% 78,556 Contingency - 215,000 0.0% 215,000 Total Street Fund 4,007,759" 9 40.1% 5,978,461 Airport Fund Materials and Services 89,033 143,310 62.1% 54,277 Capital Outlay 44,962 65,000 69.2°k 20,038 Debt Service 38,536 77,072 50.0'/0 38,536 Interfund Loan 19,000 19,000 100.00/0 - Contingency 10,000 0.0% 10,000 Total Airport Fund 191,531 1T 60.9% 3UpFris Rw.W RtWftddW 11-21.1e)ft 3 14210u I k Schedule of Budgetary Compliance Per Resolution #2013-19, 2014-12 & 2014-13 As of September 30, 2014 ( 62.5% of biennium) Biennial to date actuals (15 Biennial Budget Percent Months) 2013.2015 Used Balance Capital Improvements Fund Public Works - Facilities 1,140,692 2,406,460 47.4% 1,265,768 Administrative Services - SDC (Parks) - WA - Administrative Services - Open Space (Parks) 726,917 3,929,000 18.5% 3,202,083 Transfers 83,479 466,900 - 17.9% 383,421 Other Financing Uses (Interfund Loan) 11000 1,000 100.0% - Contingency - 199,000 0.0% 199,000 Total Capital Improvements Fund 1,952,088 ,360 27.9% -----5.T5 WT Debt Service Fund Materials and Services 6,294 15,000 42.0% 8,706 Debt Service 3,018,418 4,533,084 66.60/6 1,514,666 Intedund Loan 364,795 370,000 98.6% 5,205 Total Debt Service Fund 3,389,607 4,918,084 68.9% . Water Fund Admindstration - Conservation 244,211 449,010 54.4% 204,799 Fire- Forest Lands Management Division 653,699 887,265 73.7% 233,566 Public Works - Water Supply 4,019,549 5,391,820 74.5% 1,372,271 Pubic Works - Water Supply Debt 22,613 44,985 50.3% 22,372 Pubic Works - Water Treatment 1,517,034 2,570,700 59.0% 1,053,666 Pubic Works - Water Treatment Debt 235,320 467,427 50.3% 232,107 Pubic Works - Water Distribution 3,465,928 6,130,680 56.5% 2,664,752 Pubic Works - Water Distribution Debt 333,461 662,995 50.3% 329,534 Pubic Works - Reimbursement SDC's - - WA - Public Works - Improvement SDCs 119,196 282,750 42.2% 163,554 Pubic Works - Debt SDCs 122,112 241,845 50.5% 119,733 Other Financing Uses (Interfund Loan) 150,000 150,000 100.0% - Contingency - 403,000 0.0% 403,000 Total Water Fund 10,883,123 61.5% W WasteWater Fund Public Works - Wastewater Collection 2,415,988 5,298,621 45.6% 2,882,633 Public Works - Wastewater Collection Debt 76,294 151,075 60.5% 74,781 Public Works - Wastewater Treatment 3,163,509 6,527,385 48.5% 3,363,876 Pubic Works - Wastewater Treatment Debt 1,629,283 3,253,250 50.1% 1,623,967 Pubic Works - Reimbursemetns SDC's 7,392 117,500 6.3% 110,108 Public Works - Improvements SDC's 74,668 1,383,491 5.4% 1,308,923 Debt Service - 30,000 0.0% 30,000 Contingency - 440,000 0.0% 440,000 Total Wastewater Fund 7,367,034 17 ,321 42.8% Electric Fund Administration - Conservation 798,419 1,494,890 53.4% 696,471 Electric - Supply 8,105,451 13,628,373 59.5% 5,522,922 Electric - Distribution 7,829,240 13,398,521 68.4% 5,669,281 Electric - Transmission 1,194,712 2,177,635 64.9% 982,923 Debt Service 24,021 47,774 60.3% 23,753 Contingency - 923,000 0.0% 923,000 Total Electric Fund 17, 551,843 31,670,193 56.7% -5VT ffW 3. Sep FYI$ R-MRepee plpd ba t ~-:~-iqasx 4 Schedule of Budgetary Compliance Per Resolution #2013-19, 2014-12 & 2014-13 As of September 30, 2014 (62.5° of biennium) Biennial to date actuals (15 Biennial Budget Percent Months) 2013-2015 Used Balance Telecommunications Fund IT - PersonalServices 812,887 1,288,560 63.1% 475,673 IT - Materials & Services 1,105,822 1,849,283 59.8% 743,461 IT - Capital Outlay 116,923 308,000 38.0% 191,077 Debt - To Debt Service Fund 609,000 818,000 74.4% 209,000 Contingency - 150,000 0.0% 150,000 Total - Telecommunications Fund 2,644,633 59.9% T7i UW "Note. In M 8 S appropdafton Central Services Fund Administration Department 1,723,251 3,015,362 57.1% 1,292,111 Information Technology - Info Services Division 1,488,673 2,537,128 58.7% 1,048,455 Administrative Services Department 2,386,337 4,084,194 58.4% 1,697,857 City Recorder 529,791 708,330 74.8% 178,539 Public Works - Administration and Engineering 2,041,446 3,362,420 60.7% 1,320,974 Contingency - 104,000 0.0% 104,000 Total Central Services Fund 8.169,1W 59.2% Insurance Services Fund Personal Services 111,239 178,080 62.5% 66,841 Materials and Services 1,112,555 1,446,500 76.9% 333,945 Contingency - 300,000 0.0% 300,000 Total Insurance Services Fund U,123,7$T 1,924,680 63.6% X86 Health Benefits Fund Materials and Services 5,715,941 7,816,992 73.1% 2,101,051 Interfund Loan 125,000 510,000 24.5% 385,000 Contingency - 500,000 0.0% 500,000 Total Health Benefits Fund 66.2% r Equipment Fund Public Works - Maintenance 1,313,280 2,054,460 63.9% 741,180 Public Works - Purchasing and Acquisition 1,967,372 3,113,000 63.2% 1,145,628 Contingency 156,000 0.00/0 156,000 Total Equipment Fund 3,280,652 61.6% ~f6d'fS6i~ Cemetery Trust Fund Transfers 5,670 10,600 53.5% 4,930 Total Cemetery Trust Fund 5,6-7T 53.5% 4,930 3. &9 FY15 FM.W fkW WPdAed 11@1.141 der 5 11121014 Schedule of Budgetary Compliance Per Resolution #2013-19, 2014-12 & 2014-13 As of September 30, 2014 ( 62.5% of biennium) Biennial to date actuals (15 Biennial Budget Percent Months) 2013-2015 Used Balance Parks and Recreation Fund Parks Division 4,723,544 7,469,390 63.2% 2,745,846 Recreation Division 1,547,337 2,547,830 60.7% 1,000,493 Golf Division 676,940 1,012,880 66.8% 335,940 Transfers 802,000 922,000 87.0% 120,000 Contingency - 100,000 0.0% 100,000 Total Parks and Recreation Fund 7,749,821 '12,052,100 64.3% Parks Capital Improvement Fund Capital Outlay 1,828,258 4,851,000 37.7% 3,022,742 Total Parks Capital Improvement Fund -i, 2>T -4,851.1~ 37.7% 3,022,742 Total Appropriations $ 186,842,734 56.0%TO i 31$.P FY15 Fk-iW R pd0JPdri.d 11-2144)-4. 6 1Y21R014 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance September 30, 2014 Biennial Percent Sum of Actuals September's To Date Actuais Budget Collected FY 2012 a FY 2013 Actuals (15 months) 2013-2015 Expended Balance YTD EOY 110 General Fund Taxes $ 593,019 $ 19,627,225 $ 36,158,607 54.3% $ (16,531,382) $ 13,345,808 $ 24,072,916 Licenses and Permits 101,941 1,178,747 1,545,692 76.3% (366,945) 1,506,197 1,923,781 Intergovernmental 17,330 824,524 1,429,981 57.7% (605,457) 712,836 1,179,996 Charges for Services 137,853 1,946,871 3,062,700 63.6% (1,115,829) 2,122,671 3,385,512 Pines 16,851 228,512 339,000 67.4% (110.488) 206,510 364,840 Interest onlnvestments 699 30,757 43,000 71.5% (12,243) 29,899 47,215 Miscellaneous 2,225 108,193 124,000 87.3% (15,807) 241,644 294,870 Transfer In (Reserve Fund) - 100,000 100,000 100.0% Transfer in (Cemetery Fund) 377 5,670 10,600 53.5% (4,930) 6,031 9,631 Total Revenues and Other Sources 870,294 24,050,502 42,813,580 56.2% (18,763,079) 18,171,597 31,278,762 Admirdstratiot 17,021 165,738 553,465 29.9% 387,727 104,248 397,169 Administration - Library 99,926 487,988 812,000 60.1% 324,012 459,976 742,645 Administration - Tourism - 16,202 61,232 26.5% 45,030 - Administration - Paling 287,725 0.0% 287,725 - - Administration - Munirdpal Court 29,403 635,896 994,970 63.9% 359,074 632,519 867,564 Admin[*Wve Services - $ooal Services Grants - 254,045 257,688 98.6% 3,643 244,139 244,398 Administrative Services- Economic & Cultural Grants 35,849 982,095 1,433,226 68.5% 451,131 919,743 1,225,712 Administrative Services - Miscellaneous 12,308 103,770 261,251 39.7% 157,481 84,672 114,764 Administrative Serkes-Band 1,718 92,866 120,390 77.1% 27,524 85,246 106,951 Administrative Services - Parks 6,132,015 8,856,000 67.9% 3,723,985 Police Department 503,676 7,664,100 12,463,656 61.5% 4,799,556 6,956,536 11,521,226 Fire and Rescue Department 562,098 8,221,197 13,134,420 62.6% 4,913,223 6,832,620 11,246,905 Public Works - Cemetery Division 29,815 404,028 704,551 57.3% 300,523 414,256 619,998 Community Develoment - Planning Division 107,788 1,564,208 2,730,822 57.3% 1,166,614 1,446,686 2,332,338 Comma my Development - Building Division 53,229 822,028 1,390,632 59.1% 668,604 757,483 1,259,069 Transfers (Debt Service & Cemetery) - 192,824 192,824 100.0% - 151,000 151,000 Contingency - 1,041,000 0.0% 1,041,000 - - Total Expenditures and Otter Uses 1,452,831 26,738,999 45,295,852 59.0% 18,556,853 18,989.124 30,831,639 txcesstueuxatcy) or trevanues ana uiner bounces over Expenditures and Other Uses (2,688,498) (2482,272) -8.3% (206,226) (817,527) 447,123 Fund Balance, Jul 1, 2013 3,385,679 3,259,706 103.9% 125,973 2,938,556 2,938,556 Fund Balance, Sep 30, 2014 $ 777,434 89.7% $ (80,253) $ •2,121,029 $ 3,385,679 Reconciliation of Fund Balance: Restricted and Committed Funds 707,690 Unassigned Fund Balance itq"Iss"ea "ce Mp wnm.w~ 7 +vruxu 1 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance September 30, 2014 Biennial Percent Sum of Actuals Septembers To Dale Actuals Budget Collected FY 2012 a FY 2013 Actuals (15 months) 2013.2015 Expended Balance YTD EOY 250 Community Development Block Fund Intergovernmental E 6B6 $ 258,927 $ 446,646 58.0% $ (187,719) $ 208,777 $ 305,860 Total Revenues and Other Sources 686 258,927 446,646 58.0% (187,719) 208,777 305,860 Personal Services 3,560 45,259 61,100 74.1% 15,841 42,572 69,697 Materials and Services 708 225,312 406,735 65.40/6 181,423 172,198 236,786 Total Expenditures and Other Uses 4,268 17~,57T ----9 W, 57.8% -197,265 214,770 txcesstueWXq) or Kevenues No umer sources over Expenditures and Other Uses (11,644) (21,189) 55.0% 9,545 (5,993) (623) Fund Balance, Jul 1, 2013 33,801 21,189 159.5% 12,612 34,424 34,424 Fund Balance, Sep A 2014 S~ 22157 WA S 22.157 E 28,431 S 33.801 Reconciliation of Fund Balance: Restricted and Committed Funds 22,157 Unassigned Fund Balance $ I I. Sw FYrare.w a.WM"W 11a1•14riu .07W2014 8 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance September 30, 2014 Biennial Percent Sum of Actuals Septembers To Date Actuals Budget Collected FY 2012 a FY 2013 Actuate (15months) 2013.2015 Expanded Balance YTD EOY 255 Reserve Fund Interest on Investments S 787 $ 9,249 $ 15,000 61.7% $ (5,751) $ 6,854 $ 11,078 Intedurd Loan 125,000 125,000 510,000 24.5% (385,000) - - Operating Transfers In - NIA 499,000 499,000 Total Revenues and Other Sources 125,787 134,249 525,000 25.6% (5,751) 505,854 510,078 Interfund Loan (Health Benefits Fund) 150,000 900,000 900,000 100.0% Operating Transfer out 190,000 190,000 100.0% Total Expenditures and Other Uses 150,000 1,090,000 1,090,000. 100.0% Excess(Deficiency) of Revenues and Other Sources over Expendltures and Other Uses (24213 (955,751) (565,000) -69.2% (390,751) 505,854 510.078 Fund Balance, Jul 1, 2013 1,019,580 1,019,910 100.0% (330) 509,502 509,502 Fund Balance, Sep 30, 2014 S 63.829 S 454.81D 14.0% $ (391,081) S 1.015.356 $ 1,019,580 Reconciliation of Fund Balance: Restrkled and Committed Funds 63,829 Unassigned Fund Balance 3, $v FM F-" F.W P40W City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance September 30, 2014 Biennial Percent Sum of Actuals September's To Date Actuate Budget Collected FY 2012 6 FY 2013 Actuals (15 months) 2013.2015 Expended Balance YTD EOY 260 Street Fund Taxes $ $ 57,273 $ 46,000 124.5% $ 11,273 $ 53,314 $ 108,818 Intergovemmentd 99,722 1,445,884 3,363,166 43.0% (1,917,282) 2,832,867 3,695,790 Charges for Services - Rates 168,612 2,470,860 4,021,600 61.4% (1,65,740) 2,369,300 3,793,748 Charges for Services - Misc. Service Fees 2,487 37,500 40,000 93.8% (2,500) 22,653 40,968 System Development Charges 26,397 165,085 130,000 127.0% 35,065 428,864 510,910 Assessments 10,208 112,676 20,000 563.4% 92,676 50,317 84,590 Interest on Investments 2,011 29,245 20,000 146.2% 9,245 25,077 37,191 Miscellaneous 18,863 307,247 220,000 139.7% 87,247 120,683 174,117 Other Financing Sources - WA - 1,189,603 Total Revenues and Other Sources 328,300 4,625,770 7,660,766 58.8% (3,234,996) 5,903,076 9,635,735 Public Works - Street Operations 223,366 3,139,961 7,628,710 41.2% 4,488,749 4,016,323 5,740,775 Public Works - Street Operations Debt - 112,669 341,750 33.0% 229,081 - - Public Works - Storm Water Operations 42,284 703,293 1,247,230 66.4% 543,937 819,927 1,225,863 Public Works - Storm Water Operations Debt - 13,367 26,317 60.8% 12,950 - - Public Works - TransportationSDC's 36,424 446,613 8.2% 410,189 171,675 202,984 Public Works - Storm Water SDCs 2.044 80,600 2.5% 76,556 163,141 177,974 Public Works - Local Improvement Districts WA - 107,317 107,317 Contingency - 215,000 0.0% 215,000 - - Total Expenditures and Other Uses 265,650 4,007,758 9,986,220 40.1% 5,978,462 5,278,383 7,464,913 txcesstuenaency) or Kevenues am tuner bources over Expenditures and Other uses 62,650 618,012 (2,125,454) 129.1% 2,743,466 624,693 2,180,822 Fund Balance, Jul 1, 2013 4,417,122 3,185,314 138.7% 1,231,808 2,236,300 2,236,300 Fund Balance, Sep 30, 2014 $ 5,035,134 $ 1,159,860 475.1% $ 3,975,274 E 2,86D.991 $ 4,417,122 Reconciliation of Fund Balance: Restricted and C rnMed Funds 5,035.134 Unassigned Fund Balance' t i i i , E ),&piYl0rnmti,IRga1{Ib0td 1H{•1q,lw 10 IWV1014 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance September 30, 2014 Biennial Percent Sum of Actuals September's To Date Actuals Budget Collected FY 2012 3 FY 2013 Actuate (15 months) 2013.2015 Expended Balance YTD EOY 280 Airport Fund Charges for Services - Rates $ 10,233 $ 170,644 $ 268,800 63.5% $ (98,156) $ 148,108 $ 236,996 Interest on Investments 41 601 1,000 60.1% (399) 516 962 Other Financing Sources - 7,500 0.0% (7,500) - Interfund Loan - NIA 19,000 Total Revenues end Other Sources 10,274 171,245 271,300 61.8% (106,065) 148,624 256,960 Materials and Services 5,491 89,033 143,310 62.1% 54,277 64,695 123,275 Capital Oullay 44,962 65,000 69.2% 20,038 - Debt Service 38,536 77,072 50.0% 38,536 38,536 77,072 Interfund Loan 19,000 19,000 10D.0% - Contingency 10,000 0.0% 10,000 Total Expenditures and Other Uses 5,491 191,531 314,382 60.9% 122,851 103,231 200,347 txcesstueatxency) Of revenues ano carer awrces over Expenditures and Other Uses 4,783 (20,286) (37,082) 45.3% 16,796 45,394 56,613 Fund Balance, Jul 1, 2013 116,696 101,550 114.9% 15,146 60,083 60,083 Fund Balance, Sep 30, 2014 ~$~96,410 $ 64,468 149.5% E 31,942 $ 105,476 $ 116,696 Reconciliation of Fund Balance: Restricted and Committed Funds 96,410 Unassigned Fund Balance zegrYifA-,"R MOVtWw11-2M4) WN 11 IVZVln4 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance September 30, 2014 Biennial Percent Sum of Actuals Septembers To Date Actuals Budget Collected FY 2012 d, FY 2013 Actuals (15 months) 2013.2015 Expended Balance YTD EOY 410 Capital Improvements Fund Taxes $ 12,061 S 492,922 $ 926,300 53.2% S (433,378) t 443,337 $ 886,675 Intergovernmental - 792,500 0.0% (792,500) 185,785 197,377 Charges for Services - Internal 77,386 1,160,784 1,857,254 62.5% (696,470) 1,160,784 1,857,254 Charges for Services - Misc, Service Fees 8,679 84,446 100,000 84.4% (15,554) 68,688 73,208 System Development Charges 12,042 70,982 50,000 142.0% 20,982 64,037 94,549 Interest on investments 817 13,646 27,000 50.5% (13,354) 29,989 42,098 Miscellaneous 1,503 44,782 21,600 208.3% 23,282 1,301 13,983 Other Financing Sources 3,429,000 0.0% f3429,00D) 3,060,434 3,566,439 Total Revenues and Other Sources 112,488 1,867,562 7,203,554 25.9% (5,335,992) 5,014,355 6,731,562 Public Works- Facilities 66,229 1,140,692 2,406,460 47.4% 1,265,768 2,739,211 5,701,498 Administrative Services - Open Space (Parks) - 726,917 3,929,000 18.5% 3,202,083 371,742 568,105 Transfers (Debt Service Fund) 83,479 466,900 17.9°/6 383,421 56,!155 83,935 interfund Loan (Equipment Fund) 1,000 1,000 100.0% 416,000 416,000 Contingency 199,000 0.0% 199000 - Total Expenditures and Other Uses , 27.9°/6 3,683.808 ,7 7 t:xcessttve mwy) or Kovenues ane caner sources over Expenditures and Other Uses 46,259 (84,526) 201,194 -420% (285,720) 1,4X547 (37,955) Fund Balance, Jul 1, 2013 2,094,706 1,689,114 124.0% 405,592 2,132,661 2,132,661 Fund Balance, Sep 30, 2014 $ 2,010,180 $ 1,890.308 106.3% $ 119,872 $ 1563,209 S 2,094,706 Reconciliation of Fund Balance: Restricted and Committed Funds 2,010,180 Unassigned Fund Balance i l0) 3.agrrisn wdR.W#paw11:~ary,sn 12 1VM14 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance September 30, 2014 Biennial Percent Sum of Actuate September's To Date Actuals Budget Collected FY 2012 & FY 2013 Actuate (15 months) 2013.2015 Expended Balance YTD EOY 530 Debt Services Taxes ; 2,164 $ 521,270 $ 956,176 54.5% ; (434,906) ; 1,003,081 ; 1,863,798 Charges for Services - Internal 62,108 1,540,625 2,308,600 66.7% (767,975) 1,540,625 2,308,600 Charges for Services - Misc. Service Fees 3,193 103,709 149,040 69.6% (45,331) 93,140 148,684 Assessments 252,000 0.0% (257,000) - - Interest on Investments 206 5,532 20,000 27.7% (14,468) 6,492 10,584 Miscellaneous - 5 58,604 0.0% (58,599) 29,302 339,084 Interfund loan - - WA - 364,795 Transfer In (CIP) 215,303 658,724 41.8% (383,421) 56,855 63,935 Other Financing Sources - - - WA - 71,851 Total Revenues and Other Sources 67,672 2,446,445 4,403,144 55.6% (1,956,699) 2,729,496 5,191,330 Materials and Services 6,294 15,000 WA - - 55,676 Debt Service 608 3,018,418 4,533,084 66.6% 1,514,666 3,213,983 4,794,284 Interfund Loan (Central Service Fund) 364,795 364,795 370,000 98.6% 5,205 - Total Expenditures and Other Uses 365,403 3,389,507 4,903,084 69.1% 1,519,871 3,213,983 4,849,960 txcesstuenaencyi or Revenues ano Amer sources over Expenditures and Other Uses 7,731 (943,062) (499,940) -88.6% (443,122) (484,487) 341,370 Fwd Balance, Jul 1, 2013 1,160,618 1.121.533 102.6% 29,085 809.248 809.248 Fund Balance, Sep 30,2D14 ; 207,556 S 621,593 33.4% S (414,037) $ 324,759 S 1,150,618 Reconciliation of Fund Balance: Restricted and Committed Funds 207,556 Unassigned Fund Balance S i E ?MFflen-Wep PMW ~~•2~•re 13 11914014 I City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance September 30, 2014 Biennial Percent Sum ofActuals September's To Data Actuals Budget Collected FY 2012 & FY 2013 Actuals (15months) 2013.2015 Expended Balance YTD EOY 610 Water Fund Taxes $ 1 $ 64 $ WA $ 54 $ 58 $ 90 Intergovernmental 89,747 - WA 89,747 336,811 2,306,790 Charges for Services - Rates 710,872 7,989,448 12,222,171 65.4% '(4,232,723) 6,750,376 10,263,284 Charges for Sen1ces - Misc. Servks Fees 10,552 111,694 160,929 69A% (49.235) 133,254 175,508 System Development Charges 67,638 393,872 300,000 131.3% 93,872 687,429 757.N6 Interest on investments 2,012 39,380 20,000 196.9% 19,380 19,981 36,140 Miscellaneous - 17,161 10,000 171.6% 7,161 11,007 486,517 Other Financing Sources 1,654,000 $787,000 59.3% (1,133,000) 2,547,791 Total Revenues and Other Sources 791,075 10,295,357 15,500,100 66.4% (5,204,743) 7,838,916 16,573,928 AdrrANstration - Conservation 18,838 244,211 449,010 54.4% 204,799 177,357 285,730 Fire- Forest Lands Management Division 39,087 653,699 887,285 73.7% 233,566 555,866 2,945,813 Public Works -Water Supply 342,109 4,019,549 5,391,820 74.5% 1,372,271 465,685 685,015 PuMk Works - Water Supply Debt 22,613 44,985 50.3% 22,372 - Public Works -Water Treatment 127,619 1,517,034 2,570,700 59.0% 1,053,666 1,209,333 2,078,460 Pudic Works • Water Treatment Debt 235,320 467,427 50.3% 232,107 Public Works -Water Operations 266,554 3,465,929 6,130,680 56.5% 2,664,751 2,820,248 4,600,274 Public Works - Water Operations Debt 333,461 662,995 50.3% 329,534 Public Works -ReknbrserncetSDCs - - WA - 96,007 96,007 Public Works -hVovementSDC's 472 119,195 282,750 42.2% 163,555 57,122 77,410 Public Works -Debt SDCs 122,113 241,845 60.5% 119,732 124,860 240,508 Debt SerAce NIA 560,197 939,539 Intoduld Loan (Equipment) 150,000 150,000 100.0% - 20,000 40,000 Contingency 403,000 0.0% 403,000 Total Expenditures and Other Uses 796,678 10,883,124 17,682,477 61.51% 6,799,353 6,266,615 12,348,755 tx0ossluencdrlcy) of ttovenues am vuw sources over Expenditures and Other Uses ___5 (587,767) (2,182,377) 73.1% 1,594,610 1,572,241 4,225,173 Fund Balance, Jul 1, 2013 6,437,575 5,741,693 112.1% 695,882 2,212,401 2212,401 Fund Balance, Sep 30, 2014 $ 5,849,1108 $ 3,559.316 164.4% $ 2,290,492 $ 3,784,642 $ 6,437,575 Reconciliation of Fund Balance. / Restricted and Committed Funds 4,247,770 Unassbned Fund Balance $ 1.6003T s s pcrtsrnarorazmngmw n"ttaq av 14 IV=1t 6 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance September 30, 2014 Biennial Percent Sum of Actuals September's To Date Actuals Budget Collected FY 2012 6 FY 2013 Actuals (15 months) 2013.2015 Expended Balance YTD EOY 675 Wastewater Fund Taxes $ 48,245 $ 1,971,686 $ 3,469,200 56.8% $ (1,497,514) $ 1,773,351 $ 3,546,700 Charges for Services-mss 402,703 5,352,724 9,028,100 59.3% (075,376) 4,616,444 71502,005 Charges for Services - Msc. Service Fees 13,250 20,000 66.3% (6,750) 14,987 28,237 System DevebpmentChames 24,914 121,596 130,000 93.5% (8,404) 111,819 177,130 Interest on Investments 1,681 25,556 36,000 71.0% (10,444) 28.947 39,661 wiiscellareous - 6,037 5,000 120.7% 1,037 2,425 1,652,519 Other Financing Sources - 3.272.000 0.0% (3,272,000) - 592.154 Total Revenues and Other Sources 477,543 7,490,850 15,960,300 46.9% (8,469,450) 6,547,973 13,538,406 Public Works - Wastewater Collection 153,091 2,415,988 5,298,621 45.6% 2,8112,633 2,092,400 3,724,875 Public Works - Wastewater Collection Debt - 76,294 151,075 50.5% 74,781 - - Public Works - Wastewater Treatment 190,197 3,163,508 6,527,385 46.5% 3,363,877 2,834,325 5,181,244 Public Works- Wastewater Treatment Debt - 1,629,283 3,253,250 50.1% 1,623,967 - Public Works - ReimbursementsSDCs 3,889 7,392 117,500 6.3% 110,108 1,471 1,471 Public Works- improvements SWs 3,313 74,568 1,383,491 5.4% 1,308,923 194,803 309,179 Debt Service 30,000 WA 30,000 1,641,874 3,280,974 ConOngerncy 440,000 0.0% 440,000 - - Total Expenditures and other Uses 350,490 7,367,033 17,201,322 42.8% 9,834,289 6,764,873 12,497,743 txcesstuenciencp of mvenues ana utner sources over Expenditures and Other Uses 127,053 123,816 (1,241,022) 110.0% 1,364,838 (216,900) 1,040,663 Fund Balance, Jul 1, 2013 4,290,774 3,546,633 121.0% 744,141 3.250.111 3.250,111 Fund Balance, Sep 30, 2014 $ 4,4`14.6M $ 2,305,611 191.5% $ 2,108,979 $ 3,033,213 $ 4,290,774 Reconciliation of Fund Balance: Restricted and Committed Funds 2,609,107 Unassigned Fund Balance $ 1,805,483 I 1 i I f i i i 3.fq FYlsF-dW P.Wf4++w flmdq,r. 15 'v<,neu City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance September 30, 2014 Biennial Percent Sum of Aetuals September's To Date Actuats Budget Collected FY 2012 d, FY 2013 Actuate (15 months) ,2013.2015 Expended Balance YTD EOY 690 Electric Fund intergovernmental $ - $ 178,002 $ 300,000 59.3% $ (121,998) $ 157,056 $ 273,795 Charges for Services - Rates 1,088,661 17,030,368 28,660,000 59.4% (11,629,632) 15,212,888 24,986,168 Charges for Services - Misc. Service Fees 20,906 165,315 560,000 29.5% (394,685) 276,953 479,851 Interest on Investments 519 9,756 22,000 44.3% (12,244) 14,339 22,493 Miscellaneous 28,475 219,987 384,000 5713% (164,013) 598,601 778,913 Total Revenues and Other Sources 1,138,561 17,603,427 29,926 000 50.8% (12,322,573) 16,259,837 26,541,220 Administration - Conservation 53,973 798,419 1,494,890 53.4% 696,471 635,102 996,253 Electric - Supply 510,496 8,105,451 13,628,373 59.5% 5,522,922 7,375,869 12,026,628 Electric - Distribution 484,170 7,829,240 13,396,521 58.4% 5,569,281 7,287,662 11,899,469 Electric - Transmission 72,100 1,194,712 2177,635 54.9% 982,923 1,104,870 1,718,767 Debt Service 24,021 47,774 50.3% 23,753 24,564 48,857 Contingency - 923,000 0.0% 923,000 - - Total Expenditures and 00w Uses 1,120,739 17,951,844 31,670,193 56.7% 13,718,349 16,427,967 26,689,974 txcesstuenC0incy1 of twenues afa Wier sources over Expenditures and Other Uses 17,822 (348,416) (1,744,193) 80.0% 1,395,777 (168,130) (148,754) Fund Balance, Jul 1, 2013 2,327,640 2,334,310 99.7% (6,770) $476,294 2,476,294 Fund Balance, Sep 30, 2014 $ 1,979,124 $ 590,117 335.4% $ 1,389,007 $ 2,308,164 $ 2,327,540 Reconc0iation of Fund Balance: Restricted and COmmitled Funds Unassigned Fund Balance 1 1 U rw,drngont na,-,qan 16 „n,rN14 au City of Ashland Statement of Resources, Requirements, and Changes In Fund Balance September 30, 2014 i i Biennial Percent Sum of Actuate September's To Date Actual$ Budget Collected FY 2012 & FY 2013 Actuals (15 months) 2013.2015 Expended Balance YTD EDY 691 Telecommunications Fund Charges for Services - Rates $ 162,667 $ 2,419,075 $ 3,935,719 61.5% $ (1,516,644) $ 2,391,984 $ 3,827,232 Interest on investments 77 1,593 2,000 79.7% (407) 3,805 5,037 Miscellaneous 458 4,750 1,000 475.0% 3,750 13,093 13,093 Total Revenues and Other Sources 163,201 2,425,418 3,938,719 61.6% (1,513,301) 2,406,862 3,845,362 Personal Services 65,003 812,887 1,288,560 63.1% 475,673 704,534 1,168,955 Materials & Services 71,015 1,105,822 1,849,283 59.8% 743,461 1,010,712 1,661,625 CapitalOuBay 7,762 116,923 308,000 38.0% 191,077 68,908 127,073 Debt- Transfer to Debt Service Fund - 609,000 818,000 74.4% 209,000 609,000 818,000 Contingency 150,000 0.0% 150,000 Total Expenditures and Other Uses 133,780 2,644,633 4,413,843 59.9% 1,769,210 2,393,154 3,775,653 txcessluencwq) or ttavonues are carer Sources over Expenditures and Other Uses 29,421 (219,215) (475,124) 46.1% 255,9D9 15,728 69,709 Fund Balance, Jul 1, 2013 567,625 506,092 116.1% 81,533 517,916 517,916 Fund Balance, Sep 30, 2014 $ 368,410 $ 30,968 1189.6% $ 337,442 $ 633,644 $ 587,625 Reconciliation of Fund Balance, Restricted and Comrnitted Funds 209,000 Unassigned Fund Balance x,410 ++I 1 1 E a agiYISF WIt" P MW H.:l.Hl ft 17 IMM14 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance September 30, 2014 Biennial Percent Sum of Actuate September's To Date Actuals Budget Collected FY 2012 & FY 2013 Actuals (15 months) 2013.2015 Expended Balance YTD EOY 710 Central Service Fund Taxes $ 2,506 $ 71,467 $ 137,800 51.9% $ (66,333) $ 66,167 E 124,422 Intergovernmental - - - N/A - Charges for Services - Internal 505,940 7,484,411 12,048,870 62.1% (4,564,459) 7,050,000 11,361,600 Charges for Services - Misc. Service Fees 28,619 244,466 596,000 41.0% (351,534) 447,186 567,600 Interest on Investments 1,024 16,366 10,000 163.7% 6,366 7,961 17,262 Miscelhanecus 9,646 136,067 229,390 59.3% (93,323) 147,119 225,990 interfund Loan (Debt Service) 364,795 364,795 370,000 98.6% 5,205 - Operating Transfer in 90,000 90,000 100.0% Total Revenues and Other Sources 912,530 8,407,571 13,482,060 62.4% (5,064,079) 7,718,433 12,296,075 Administration Department 128,328 1,723,251 3,015,362 57.1% 1,292,111 1,519,147 2,504,247 Information Technology- Info Services Division 86,252 1,488,673 2,537,128 58.7% 1,048,455 1,301,349 1,983,272 Administrative Services Department 158,482 2,386,337 4,084,194 56.4% 1,697,857 2,101,186 3,577,003 City Recorder Division 36,074 529,792 708,330 74.8% 178,536 399,465 680,174 Public Works -Administration and Engineering 133,174 2,041,446 3,362,420 60.7% 1,320,974 1,735,332 2,825,649 Intetund Loan N/A - 364,795 Contingency - 104,000 0.0% 104,000 - Total Expenditures and Other Uses 542,309 8,169,499 13,811,434 69.2% 6,641,935 7,056,479 11,935,140 txCa5StU0XJGnCyj Cn KOVOnUBS SW Vaher bMICeS over Expenditures and Other Uses 370,221 238,072 (329,374) 172.3% 567,446 661,954 361,735 Fund Balance, Jul 1, 2013 853281 721,405 11&3% 131,876 491,546 491,546 Fund Balance, Sep 30.2014 $ 1,091,353 278.4% $ -699,322 $ 1,153,499 $ 853,281 Reconciliation of Fund Balance: Restricted and Committed Funds Unassigned Fund Balance I s c l 159rvar..zwn~nti4a+whwi-nnw 18 rvevmu City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance September 30, 2014 Biennial Percent Sum of Actuals Septembers To Date Actuate Budget Collected FY 2012 & FY 2013 Actuals (15 months) 2013.2015 Expended Balance YTD EOY 720 Insurance Service Fund Charges for Services - Internal $ 60,783 $ 936,151 $ 1,464,410 63.90/6 E (528,259) E 908.065 $ 1,472,093 Interest on Investments 654 8,454 101000 84.5% (1,546) 7,905 11,762 MisceOmws 58,681 914,689 60,000 1524.5% 1 854,689 194,670 230,402 Total Revenues and Other Sources 120,119 1,859,294 1,534,410 121.2°/6 324,884 1,111,440 1,714,257 Personal Services 7,656 111,239 178,080 62.5'70 66,841 100,960 159,338 Materials aid Services 21,142 1,112,555 1,446,600 76.9% 333,945 1,033,593 1,312,OD4 Contingency - 300,000 0.0% 300,000 - Total Expenditures and Other Uses 28,798 1,223,795 1,924,580 63.6% 700,785 1,134,553 1,471,342 t:xcesstuencrencyi or revenues arm timer sources over Expenditures and Other Uses 91,321 635,500 (390,170) 262.9% 1,025,670 (23,113) 242,915 Fund Balance, Jul 1, 2013 848,858 819,457 103.6% 29,401 605,943 605,943 Fund Balance, Sep 30, 2014 $ 1,484,358 8 429,287 345.8% E 1,055,071 $ 582,831 $ 848,858 Reconciliation of Fund Balance: Restriicted and Committed Funds 961,842 Unassigned Fund Balance S 522,516 1 Includes money reserved for PERS rate change 7110015 i i I i i i i 1 - I E E s wcvurtwwmc~rw+~.+nai-sy " 19 IV! W014 E t €I City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance September 30,2014 Biennial Percent Sum of Actuate September's To Date Actuals Budget Collected FY 2012 & FY 2013 Actuals (15 months) 2013.2015 Expended Balance YTD EOY 725 Health Benefits Fund Charges for Services - Internal $ 342,087 $ 5,108,171 $ 7,993,710 63.9% $ (2,885,539) $ $ Interest on Investments 173 1,991 20,000 10.0% (18,009) fAsceflanews - 2t1,795 WA 211,795 Interfund Loan (Reserve Fund) 150,000 90,000 900,000 100.0% Total Revenues and Other Sources 492,261 6,221,957 8,913,710 69.8% (2,691,753) Personal Services - - WA Materials andServices 299,679 5,715,942 7,616,992 73.1% 2,101,050 - Interfund Loan 125,000 125,000 510,000 24.5% 385,000 Contingency 500,000 0.0% 500.000 Total Expenditures and Other Uses 424,679 5,640,942 8,826,992 66.2% 2,986,050 txcesstuencrencyl w eevenues am vsrer wurces over Expenditures and Other Uses 67,581 381,015 86,718 439.4% 294,297 Fund Balance, Jul t, 2013 0.0% Fund Balance, Sep 30, 2014 $ 381,015 $ 86,718 439.4% S 294,297 $ $ Reconciliation of Fund Balance. Restricted and Committed Funds 38215 Unassigned Fund Balance $ 1 Amount received as refund when closing old plan i I i 3.5p"1S nw-M RWW MU.4 I l;r-1N Iu UTM1/ 20 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance September 30, 2014 Biennial Percent Sum of Actuals Septembers To Date Actuate Budget Collected FY 2012 & FY 2013 Actuals (15 months) 2013.2015 Expended Balance YTD EOY 730 Equipment Fund Intergovernmental $ - $ - $ - WA $ S 197,329 $ 201,753 Charges for Services - internal 150,366 2,255,492 3,277,788 68.8% (1,022,296) 2,201,954 3,522,437 Charges for Services - Misc. Service fees (26,074) 17,233 160,437 103% (143,204) 111,313 157,771 Interest on Investments 1,107 21,523 53,000 40.6% (31,477) 38,777 56,615 Miscepaneous - 148,804 113,000 131.7% 35,804 29,179 56,005 Interfund Loan (Airport & Water Fund) - 170,000 169,000 100.6% 1,000 616,000 616,000 Total Revenues and Other Sources 125,400 2,613,053 3,773,225 69.3% (1,160,172) 3,194,553 4,810,781 Public Works - Maintenance 104,046 1,313,280 2,054,460 63.9% 741,180 1,214,769 1,974,595 Public Works - Purchasing and Acquisition 685 1,967,372 3,113,000 63.2% 1,145,628 928,763 1,318,492 Interfun Loan WA 19,000 Contingency - - 156,000 0.0% 156.000 - Total Expenditures and Other Uses 104,731 3,280,652 5,323,460 61.6% 2,042,8M 2,143,522 3,312,087 txcesstuencieneyi or tceveram ano toner bources over Expenditures and Other Uses 20,669 (667,599) (1,550,235) 56.9% '882,636 1,051,031 1,496,694 Fund Balance, Jul 1, 2013 3,357,663 2,831,016 118.6% 526,647 1,658,969 1,858,969 Fund Balance, Sep 30, 2014 52,690,0644 $ 1,280,781 210.0% E 1,409,283 $ 2,909,998 $ 3,357,663 Reconciliation of Fund Balance: Restricted and Committed Fins 2.690,064 Unassigned Fun Balance 5 0 1 Sale of rolling stock 1 x ay rvo rwwalwa+M+rrm+q»n 21 rv:viou City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance September 10, 2014 Biennial Percent Sum of Actuals Septembers To Date Actuate Budget Collected FY 2012 a FY 2011 Actuate (15 months) 2013.2015 Expended Balance _.YTD EOY 810 Cemetery Fund CharpesforServices -Rates $ 3,240 E 34,152 $ 50,000 68.3% S (15,648) $ 33,062 $ 40,336 Interest onlnvestments 377 5,670 10,600 53.5% (4,930) 7,137 10,737 Transfer In (General Fund) 1,000 1,000 100.0% 11000 1.000 Total Revenues and Oliver Sources 3,617 40,823 61,600 66.3% (20,777) 41,186 $2,073 j. 9 Transfers 377 5,670 10,600 53.5% 4,930 6,031 9,631 Total Expenditures and Oliver Uses 377 5,670 10,600 53.5% 4,930 6,031 9,631 cxceSStuervrxervcyf or ttevenues ana tmver aources over Expenditures and Other Uses 3,240 35,152 51,000 66.9% (151648) 35,157 42,442 Fund Balance, Ad 1.2013 ~ 874,044 886,744 98.6% (12,700) 831,602 831,602 Fund Balance, Sep 30, 2014 $ 909,196 937,741 97.0% S (28,548) S 866,762 $ 874,044 Reconciliation of Fund Balance: Restricted and Committed Funds 909,196 Unassigned Fund Balance S (0) liyh'ISFwaidayal(labd11441Qgn 22 fYJNMN City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance September 30, 2014 Biennial Percent Sum of Actuate Septembers To Date Actual$ Budget Collected FY 2012 a FY 2013 Actuab (15 months) 2013.2015 Expended Balance YTD EOY 211 Parks and Recreation Fund Taxes $ $ $ NIA $ $ 4,380,542 $ 8,773,533 1 Intergovernmental NIA 33,117 33,117 Charges for Services - Internal 5,132,015 8,856,000 57.9% (3,723,985) - - 1 Charges for Services -Misc. Service Fees 96,572 1,085,978 1,793,633 6015% (707,655) 1,147,209 1,74365 Interest on Investments 356 6,981 26,000 26.8% (19,020) 21,104 •32,507 Miscellaneous 252 39,097 69,000 56.7% (29,903 52,152 68,863 Total Revenues and Other Sources 97,180 6,264,070 10,744,633 58.3% (4,480,563) 5,634,124 10,643,385 Parks Division 311,927 4,723,544 7,469,390 63.2% 2,745,846 4,661,408 7,344,233 Recreation Division 104,508 1,547,337 2,547,830 60.7% 1,000,493 1,312,403 2,217,452 Goff Division 49,349 676,939 1,012,880 66.8% 335,941 543,990 833,621 00w Financing Uses - Transfers 802,000 922,000 87.0% 120,000 349,000 699,000 Contingency 100,000 0.0% 100,000 Total Expenditures and Other Uses 465,784 7,749,820 12,052,100 64.3% 4,302,280 6,866,600 11,094,306 Excess(Derwiency) of Revenues and Other Sources over Expenditures and Other Uses (1,485,750) (1,307,467) -13.6% (178,283) (1,232,676) (450,921) Fund Balance, Jul 1, 2013 1,783,435 1,973,756 90.4% _ (190,321) 2,214,031 2214,031 Fund Balance, Sep 30, 2014 $ 297,685 $ 666,289 44.7% S (368,604) $ 981,355 $ 1,783,435 Reconciliation of Fund Balance: Restricted and Committed Funds Unassigned Fund Balance 297,685 1 Change in funding through General Fund 2 Payments balanced to meet budgeted EFB l 1 I I.a,p rrnMVe.+n.omnupe:a ~w~•NFv„ 23 1f7tYMN City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance September 30, 2014 Biennial Percent Sum of Actuate September's To Date Actuate Budget Collected FY 2012 a, FY 2013 Actuate (15 months) 2013-2015 Expended Balance YTD EOY 411 Parks Capital Improvement Fund Charges for Services $ $ 10,476 $ 59,000 17.8% $ (48,524) E 68,671 $ 165,306 Intergoverr nental 718,383 3,929,000 18.3% (3,210,617) - - Interest an Investments 213 2,689 4,100 63.1% (1,511) 2,999 4,324 Msceilanecus - 18,372 - WA 13,522 34,476 Transfer In (Park Fund) - 802,000 922,000 87.0% (120,000) 350,000 Told Revenues and Other Sources 213 1,551,820 4,914,100 31.6% (3,380,652) 85,192 554,106 Materials and Services - - WA - 2,901 25,081 Capital Oullay 190,494 1,828,258 4,851,000 37.7% 3,022,742 204,118 574,259 Total Expenditures and Other Uses 190,494 1,828,258 4,851,000 37.7% 3,022,742 207,019 599,340 txcessiuenciencyt or rcavenues am toner sources over Expenditures and Other Uses (190,281) (276,438) 63,100 -438.1% (339,538) (121,827) (45,234) Fund Balance, Jul 1, 2013 367,632 239,032 162.2% 148,600 432,866 432,866 Fund Balance, Sep 30, 2014 $ 111,194 $ 302,132 36.8% E (190,938) $ 311,039 $ 387,632 Reconciliation of Fund Balance: Restricted and Committed funds 100,000 Unassigned Fund Balance $ 11,194 E • i I apms rwM+sroympq"W 11-214q ft 24 IWVN11 CITY OF ASHLAND Council Communication December 16, 2014, Business Meeting Adoption of the Strategic Plan for the Use of Social Service Grant Funds FROM: Linda Reid, Housing Program Specialist, reidl@ashland.or.us SUMMARY The Strategic Plan for the use of Social Service grant funds establishes the strategic objectives for the award of the City of Ashland Social Services grants. Council approval of the Strategic Plan will provide guidance for applicants and assistance to elected and appointed officials by providing a framework for allocating resources and for tracking progress on identified goals and community priorities. Adoption of the Strategic Plan will designate the Housing and Human Services Commission as a review body to provide recommendations to the Council on future award allocations. BACKGROUND AND POLICY IMPLICATIONS: At their regular meeting on December 17, 2013, the City Council approved a motion to "request the new Housing and Human Services Commission (HHSC) to conduct an analysis of the current social service grant program, focusing on whether grants are targeted to the right areas and with the appropriate allocations, then have them bring those findings to a discussion with the Budget Committee." The Commission discussed the process of addressing the Council's request at their first meeting held on January 23, 2014. At that meeting the Commission discussed methods for evaluating the program and completing an inventory of available services and service needs to identify gaps. The consensus of the group was that a strategic plan with measurable goals and objectives could provide a framework for targeting awards to community needs and to assess the effectiveness of the program in meeting identified service gaps. On November 17, 2014, the City Council reviewed the initial draft of the Strategic plan for Social Service Grant funds, as presented by the Housing and Human Services Commission (HHSC), and identified specific revisions to be incorporated into the plan. The Council directed staff to amend the plan and present these recommendations to the HHSC for review. The HHSC reviewed Council's recommendations on November 20, 2014, (draft minutes) and incorporated the amendments as requested by Council into the Strategic Plan. Upon approval of the Strategic Plan the Strategic Priorities and Implementation Strategies outlined in the plan will form the basis of evaluation for future grant applications. In prior years a subset of the Budget Committee provided the review of grant applications and made individual award recommendations to the City Council. Although the Budget Committee will continue to establish the total program funding allocation as part of the biannual budget process, the HHSC will hear applicant presentations and make individual award recommendations to Council. The 2015 Social Service Grant Page 1 of 2 Imo, CITY OF ASHLAND program is scheduled to begin with a request for proposals in January 2015, with review of proposals anticipated in March 2015. The Strategic Plan is to be updated at four year intervals (every two grant cycles) to be responsive to the changing demographics of the community and to the social and human service needs of the citizenry. COUNCIL GOALS SUPPORTED: This item relates to Council Goals: • 3.4: Support RVTD in fulfilling and expanding its mission. 0 5: Seek opportunities to enable all citizens to meet basic needs. • 5.1: Examine means and methods by which to improve access to mental health services in Ashland for Ashland citizens who need them. • 5.2: Support and promote, through policy, programs that make the City affordable to live in. • 5.3: Leverage partnerships with non-profit and private entities to build social equity programming. FISCAL IMPLICATIONS: N/A. STAFF RECOMMENDATION AND REQUESTED ACTION: The Housing and Human Services Commission is forwarding a recommendation that the Council adopt the revised Strategic Plan for the Use of Social Service Grant Funds and that the Council designates the Housing and Human Services Commission as the reviewing and recommending body for the award of the Social Services Grant funds. SUGGESTED MOTION: I move that the City adopt the Strategic Plan for the Use of Social Service Grant funds and that the Housing and Human Services Commission be designated to review and make recommendations directly to the council for the award of the Social Services Grant funds. ATTACHMENTS: Strategic Plan for the Use of Social Service Grant Funds dated 12/16/2014. Page 2 of 2 ~r, City of Ashland Social Service Grant Program Strategic Plan December 16, 2014 Introduction-Purpose of the Plan The City of Ashland is committed to supporting the agencies and organizations that work to improve the lives of its most vulnerable citizens. The Strategic Plan for the use of Social Service Grant funds is intended to provide guidance for applicants and assistance to elected and appointed officials by providing a framework for allocating resources and for tracking progress on identified goals and community priorities. The Strategic Plan will be updated at four year intervals (every two grant cycles) to be responsive to the changing demographics of the community and to the social and human service needs of the citizenry. The updates may include shifting goals and measurable objectives to more efficiently and effectively address community wide issues. History/Background The City of Ashland established the Social Service Grant Program in 1986 due to a reduction in Federal Revenue Sharing funds which had, in prior years, provided funding to the City to support the activities of non- profit and social service agencies that provided services to vulnerable Ashland Citizens. Resolution 86-35 was adopted in recognition that: "the funding of health care and social service needs is an important City function which contributes to the health and well-being of the citizens of Ashland." The Council at that time opted to maintain funding for social services with an emphasis on health care in recognition of the City's tourism based service sector economy, and felt that it was "appropriate for the City to address the problems created by this type of economy"'. Since that time the City of Ashland has committed a portion of the general fund in support of activities that address the health and social service needs of the Ashland community. Today's Community Snapshot The ability of working class individuals and families to afford housing and secure employment that offers compensation that is commensurate with the local cost of living, has far reaching impacts on the community. Reduced discretionary spending negatively impacts the local economy, the physical and mental wellbeing of families, and inhibits access to good nutrition and basic health care. Community diversity, vibrancy, and resilience are all impacted by an individual's or families' ability to work and reside in their community. This has been and continues to be a challenge for the Ashland community. • Population: The City of Ashland has a population of just over 20,295 people.2 • Age: The population of Ashland has seen an increase in older individuals and a decrease in younger families with children. These findings are evident in the most recent census data; which shows that approximately 83% of the population is 18 years old or older.3 The largest age group is 45-54 year olds at 13.9%4, and is echoed in the findings of various demographic reports and community assessments. ' Philip Arnold, Former City Councilor. 2 2013 PSU Population Research Center estimate certified estimate. s 2008-2012 ACS 5 year estimates. 4 Ibid. 1 • Income and Poverty: The median income for a household in the city was $43,305, and the median income for a family was $58,616. About 18% of the population and 11.4% of families had incomes below the poverty level, with female headed households with children under 18 and those households with children under 5 experiencing the highest rates of poverty, at 42.2% and 43.4% respectively. 4.7% of individuals 65 years old and older are below the poverty level.5 • Housing: The City of Ashland has over 10,000 housing units. 53% of occupied housing units are owner occupied, and 46.1% are renter occupiedb. In the 2012 National Citizen's Survey completed for the City of Ashland, the City met or exceeded most national benchmarks for citizen satisfaction for all but two categories; availability of affordable quality housing and employment opportunities. Availability of affordable quality housing and variety of housing options are comparatively lower than both national benchmarks and to other University communities with populations from 10,000 to 40,000 comparisons.7 Similarly, Census data shows that 43% of homeowners with a mortgage and 54.5% of renters pay more than 35.0% of their income toward housing cost. 8 • Employment: 2013 Ashland annual average unemployment rate was 6.7%.9 Ashland School District reports that over half of the employees within Ashland live outside of the district and commute to work.' O • Transportation: When workers must live elsewhere and commute into or out of the community, this has a significant impact on other aspects of the community. Community diversity, vibrancy, and resilience are all impacted by an individual's or family's ability to work and reside in their community. Similarly, household transportation costs increase and traffic and air quality are impacted. This has been and continues to be a challenge for the Ashland community. • Health: The social service grant program was originally established in part to address access to affordable health care, and while access to affordable health care continues to be a priority especially as the population ages, community feedback and demographic data has identified more pressing healthcare service needs. The 2013 Community Health Assessment identified oral/dental health and mental health, especially as it relates to depression and suicide as the most urgent unmet health care needs within the community. Further, community feedback identifies mental health disorders with co-occurring drug/alcohol addiction to be a need that is currently not adequately addressed in the Ashland community. s Ibid. 6 2008-2012 ACS 5 year estimates 2012 National Citizen's Survey. https:Hashland.or.us/Page.asp?NavlD= 15166 9 Ibid 9 Guy Tauer, Regional Economist, State of Oregon Employment Department. 10 ASD 2012 Demographer's report. http://www.ashland.kl2.or.us/Files/ASD%2ODemographer%27s%2OReport%202012.12df 2 Community Strengths and Challenges a Ashland residents are civic minded, and work together to solve community issues through a strong commitment to community service. While access to affordable health care continues to be an issue for many in the community, since the inception of the Social Service Grant Program many resources to address these concerns have been implemented. Ashland's community groups, faith-based groups, civic groups, non-profit organizations, social service agencies, governmental agencies, and business groups have a history of successful collaboration. Ashland's faith-based communities communicate and collaborate to problem solve and implement strategies to address community concerns. a High need individuals and those with challenging behaviors, such as those with dual diagnosis, (mental health and/or alcohol/drug addiction), physical, mental, or developmental disabilities, need more effective service options than the community currently provides. "There is a deficit of supportive services for vulnerable populations such as; peoples with developmental disabilities, people with mental health issues/frail/elderly populations, veterans, at-risk youth and homeless populations. Working families and citizens earning below the median income for the Medford/Ashland area have a difficult time finding rental or ownership housing options in Ashland which are commensurate with their incomes. There is a lack of transitional housing options for families and individuals who are working toward self-sufficiency. 3 Social Services Grant Program Mission Statement To fund support services that improve the lives of Ashland residents, assist individuals and families in the community and promote personal and community safety, health, and wellbeing. 11 Strategic Priorities: (These strategic priorities were identified through a process which included community outreach, grantee/stakeholder feedback, and key informant interviews. These priorities are not in any priority order.) • Assistance to obtain and/or maintain housing'2 • Supports to increase accessibility and availability of transportation options/services 13 • Services for people with mental health issues' 4 • Services for people with drug and alcohol addiction • Services for at-risk youth Implementation Strategies (which may include, but is not limited to the following) • Allocate resources to activities which address an identified strategic priority • Support innovative proposals • Support proposals that leverage community collaborations or enhance community or existing regional partnerships 15 • Support proposals which have a proven capacity to carry out their stated goals/meet proposed numerical outcomes • Support proposals which are ready to proceed • 20% of the overall grant allocation will be made available to support small grants; small grants include any request of up to $5000, should the City not receive enough applications to allocate the balance of funds. The City will have the discretion to allocate any remaining balances to small grants. Outcome Measurement • Request the grant recipients to list their anticipated measurable activity/program outcomes • Review and compare applicants' identified anticipated outcomes annually and at the completion of the grant year using a standardized evaluation matrix. (Example: Number of Ashland Residents who; received housing support, participated in life skill training, received job search assistance, etc.) • The Commission will host stakeholder/applicant/community forum every four years to elicit feedback on grant making process and reporting requirements " Consistent with Council priority strategic plan goal 5: "Seek opportunities to enable all citizens to meet basic needs." 12 Consistent with Council priority strategic plan goal 5.2: Support and promote, through policy, programs that make the City affordable to live in. 13 Consistent with Council priority strategic plan goal 3.4: Support RVTD in fulfilling and expanding its mission. 14 Consistent with Council priority strategic plan goal 5.1: Examine means and methods by which to improve access to mental health services in Ashland for Ashland citizens who need them. 15 Consistent with Council priority strategic plan goal 5.3: Leverage partnerships with non-profit and private entities to build social equity programming. 4 CITY OF ASHLAND Council Communication December 16, 2014, Business Meeting Economic Development Strategy Program and Activity Update FROM: Adam Hanks, Management Analyst, Administration - adam@ashland.or.us SUMMARY Since its adoption in July of 2011, the City has consistently devoted staffing resources and funding to implement the Economic Development Strategy, starting with the phase one priority actions and more recently moving forward with a set of phase two priorities reviewed and approved by Council in the summer of 2013. The presentation provides a summary of the work completed and in progress as well as planned actions for the remainder of the FY2013-15 biennium and into the next biennium budget cycle. BACKGROUND AND POLICY IMPLICATIONS: The Economic Development Strategy was adopted in July of 2011 after a significant public involvement process over a 12-18 month period including participation of many local and regional community and economic development partners and local businesses and residents. The Strategy document contained seven major categories/elements, each with a corresponding list of implementing actions. The actions were organized into three prioritization phases for implementation; priority one, two and three. Phase one actions have largely been completed with some remaining as on-going activities to maintain over time. Original phase one actions completed include: 1.1 Conduct a Business Retention and Expansion Survey (B,R & E) 1.2 Designate a City Staff "point of contact" 2.1 Formalize relationships and roles for Strategy implementation among major partners 3.1 Maximize impact of existing City Economic Development, Cultural and Sustainability grant process 6.1 Evaluate the use of Urban Renewal Districts 7.1 Improve the land use development process In June of 2013, Staff presented an update of accomplishments to date and a proposed set of new Phase Two priority actions, incorporating continued efforts of the original set of actions not yet completed Page 1 of 3 WE`, CITY OF -ASHLAND and including many new actions. This list also included a narrative to describe how the action was intended to be implemented and was supported by a benchmark/performance measure for each new action. The list of Phase Two priority actions approved by Council include: Action 7.1 Improve the Land Use Development Process - Incorporates actions 7.2 and 7.3 2.1 Formalize relationships and roles for Ashland specific strategy implementation among major partners 2.2 Create formal and routine communication with all regional economic development partners 3.3 Create a coordinated economic development information and marketing plan to maximize public communication tools 6.4 Pursue the expansion of a State E-Commerce Zone for Ashland 6.5 Evaluate land availability for business expansion on lands on or adjacent to existing businesses 1.5 Assist local businesses in energy, water, waste, supply chain reductions and efficiencies 4.2 Develop, promote, and expand job training programs to meet skill needs identified by local business 1.4 Create/Expand a local business resource & mentoring program 4.1 Develop/expand programs to connect local education partners with business community for experience and exposure to entrepreneurship, business development & operations Narratives and benchmarks for each action can be found in the attached document entitled "Phase Two Implementation - FY 2014." Program Action/Activity Highlights Major Accomplishments over the past 6-12 months include: • Support and participation in the creation of the Ashland Business Resource Portal (www. ashlandbusinessre source.com) • Support and participation in the creation of the first local economic indicators dashboard (incorporated with the Business Resource portal) • Staff membership and participation on the Chamber sponsored Economic Advisory Team responsible for content/program development for both the portal and dashboard • Direct mailing to all property owners and business owners within the three Ashland Enterprise/E-Commerce zones with follow-up contacts and on-site meetings with approximately 20-25 local businesses. (Letter and program flyer attached) • One approved Enterprise Zone award to an Ashland business • Council approval to develop contract with Ashland Community Resource Center for local workforce development program • Staff participation in the development of the regional Comprehensive Economic Development Strategy (CEDS) through SOREDI CEDS Advisory Committee appointment • Staff membership and participation on SOREDI Business Recruitment and Retention Committee Page 2 of 3 CITY OF ASHLAND • Staff presentation and participation in the SOREDI Rogue Valley site consultant tour • Scheduled completion and approval of the Unified Land Use Code in January of 2015 Program Actions/Activities planned for the next 6-12 months include: • Formal kick-off for the planning and implementation of the 2015 Business Retention & Expansion Survey, including targeted strategy defined industry sector focus. • Development of next phases of Business Portal and Economic Dashboard, including video production to support quarterly industry focus areas and resources/services promotion targeted to business community, outreach/awareness for portal and general local economic development program offerings • Business (Commercial, Industrial, Employment) specific marketing/promotion for AFN services in alignment with AFN Business Plan • Pre-development site expansion/growth evaluations for key employment lands within Ashland COUNCIL GOALS SUPPORTED: Economy 17. Market and Further develop the Ashland Fiber Network 19. Ensure that commercial and industrial areas are available for development FISCAL IMPLICATIONS: The Economic Development Strategy program budget is funded through an annual allocation from the Transient Occupancy Tax (TOT) approved each year by Resolution of Council. The annual allocation is 10% of the non tourism, unrestricted portion of the overall TOT annual revenue estimated at between $150,000 and $160,000 annually. Primary program costs include staffing (.25 FTE), regional program contributions to Southern Oregon Regional Economic Development, Inc. (SOREDI) and other similar program dues, memberships and operating expenses. The remainder of the funds, approximately $100,000 to $110,000 are utilized for Strategy implementation actions and activities. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council review prior activities and accomplishments and provide comment and any clarifying questions on planned future program actions for the remainder of the fiscal year and beyond. SUGGESTED MOTION: I move to accept the Economic Development Strategy Update and recommend that staff continue as described in the update document provided in the meeting packet. ATTACHMENTS: Phase Two Implementation Plan - FY 2014 Economic Development Strategy Update - March 18, 2014 Enterprise Zone Flyer Page 3 of 3 CITY OF - ASHLAND Economic Development Strategy Implementation Plan Phase Two Implementation FY 2014 With the results of the business retention and expansion survey in hand, four of the six priority one actions complete and one well into its development and review phase, a more comprehensive review of the Strategy document as a whole is needed to maintain focus and productivity towards the overall strategy goals and objectives. The original strategy broke the strategy down into three primary areas: The Task, The Questions, & The Plan. The Task The task remains essentially unchanged, but for a few proposed additions to slightly enlarge the scope of the composition and impact of the next group of recommended implementing actions. Develop and implement a comprehensive economic development strategy for the purpose of: • Diversifying and expanding the economic base of the community • Supporting creation and growth of businesses and non-profit/public sector organizations that use and provide local and regional products and services • Increasing the number of family-wage jobs in the community • Leveraging the strengths of Ashland's tourism and repeat visitors Inclusion of non-profit and public sector organizations alongside the more common focus of "business" is intended to recognize the ability of many non-profit and public sector groups to contribute as a traded sector participant in the local economy, bringing "outside money in" by exporting their services to others outside the region, importing wealth in the form of grant funds that benefit the local economy in a number of ways and often paying wages at or above the regional median levels. The innovative partnership between the City of Ashland, the US Forest Service, Lomakatsi Restoration Project and the Nature Conservancy is a prime example of the impact of non-profit and public sector organizations in the local economy. The Questions The strategy development committee went through significant effort to answer the following key questions that helped shape the final plan: • What is economic development? • How is our economy different? (Advantages) • What is working for us now? (Strengths) • What is not working? (Weaknesses) 1 ECOnorruc DEVELOPMENT STRATEGY Enhancing economic strength in community • What do we want? (Vision) • How do we get there from here? (Strategy) As various staff, local partners and Mayor and Council reviewed the results of the Business Retention and Expansion (B,R & E) survey, much of the survey responses were consistent with the committee answers to these questions. The B,R & E survey was a critical first implementation step that resulted in detailed statistical analysis of the current local economic climate and most importantly provided feedback and prioritization of specific actions, activities, services or resources our local business community needs and values to survive, thrive and grow. While the first five questions are important, the key question of "How do we get there from here?" forms the basis for the task of updating "The Plan" Before jumping into specific strategy objectives, four focused target business types were identified along with a business profile. They include: • Existing businesses in the community with a commitment to operating their business and living in Ashland • Businesses that rely on and earn a competitive advantage from innovation, creativity, design and technology in their operations for new product development, creation or expansion of niche markets, process improvements, etc • Businesses that produce specialty and value added goods or services with a market beyond our local economy • Businesses that purchase from the local and regional economy for supply or provide goods or services that reduce the need of the community to purchase goods or services from outside of region. To incorporate the traded sector value of local non-profit organizations, the term businesses should be defined to reference the inclusion of non-profits or be added to each of the four targets as well. The business profile seems to remain a good match to the types of businesses that the plan is intended to focus its efforts and has no differentiation between business and non-profit. The Plan The final strategy document contained the following seven objectives: • Assist local existing and emerging business stabilize and grow • Improve long term coordination and collaboration with local and regional economic development partners • Increase availability of investment capital for local businesses • Provide local educational & technical skills development to match local business workforce needs • Increase tourism in the fall, winter and spring and diversify the types of events and activities promoted • Provide appropriate land supplies for needed business growth/expansion with quality infrastructure to all commercial and employment lands 2 ECOnOmiC DEVELOPMENT STRATEGY Enhancing economic strength in community • Manage the physical development process to ensure understandable requirements with timely and predictable results while safeguarding and improving the quality of the environment and the community Implementing actions were built to accomplish each of the seven objectives. In reviewing the original prioritized action list along with the results of the B,R&E and various meetings and discussions with local business and economic development partners, the following updated priority list addresses the concerns, requests and desires of most. Each of the original actions contained a description providing additional details of tactics, tasks and projects to successfully accomplish the action. With the benefit of the additional review and input, the descriptions of the recommended new priority one items have been revised to assist with final funding, timeline, City staff and partner involvement needs as well as to most closely match the needs of the local economy. Priority 1 Actions (10 items) 7.1 Improve the Land Use Development Process - Incorporates actions 7.2 and 7.3 2.1 Formalize relationships and roles for Ashland specific strategy implementation among major partners 2.2 Create formal and routine communication with all regional economic development partners 3.3 Create a coordinated economic development information and marketing plan to maximize public communication tools 6.4 Pursue the expansion of a State E-Commerce Zone for Ashland 6.5 Evaluate land availability for business expansion on lands on or adjacent to existing businesses 1.5 Assist local businesses in energy, water, waste, supply chain reductions and efficiencies 4.2 Develop, promote, and expand job training programs to meet skill needs identified by local business 1.4 Create/Expand a local business resource & mentoring program 4.1 Develop/expand programs to connect local education partners with business community for experience and exposure to entrepreneurship, business development & operations Proposed to be directed to Council Goal concept of Jobs Commission/Jobs Advisory Board to review existing resources and develop actions to maximize existing resources or develop new resources specifically for Ashland employers and current/future potential employees. 3 ECOnOrniC DEVELOPMENT STRATEGY Enhancing economic strength in community Individual Action Detail 7.1 Improve the Land Use Development Process 1 City This action is one of the original priority one actions and remains in progress towards meeting the objective of improving the land use development process. As the Community Development Staff have progressed through their participation in the B,R&E survey as well as surveys to their own customers, many of the issues are being addressed through the Unified Land Use Code project. The Unified Code project objectives are to make the code clear, consistent, concise, adaptable and user-friendly, while also improving internal City department communication and coordination particularly on larger and more complex development projects. Phase II of the project is intended to address issues raised in action items 7.2 and 7.3, which state: • 7.2 - Create incentives for development applications that meet certain pre-defined economic development eligibility criteria • 7.3 - Consider changes to Land Use Development Code that may be inhibiting redevelopment or new construction Benchmark/Performance Measure - Completion of Unified Land Use Code project 2.1 Formalize relationship and roles for Ashland specific - 1 BizOR, Chamber, strategy implementation among major partners (city of City, JackCo, Ashland, Chamber, Jackson County, SOREDI, Business Oregon, Job SOREDI, SOU, RCC, Council, etc) SBDC, THRIVE With the responsibilities for the coordination and on-going implementation of the Economic Development Strategy and related activities resolved with its placement in the City Administrator's Office, this action will be given more attention and will function in parallel and in conjunction with the proposed updated priority one actions. Benchmark/Performance Measure - Schedule to host and conduct four quarterly meetings with representatives of economic development partner organizations in FY14 2.2 Create formal and routine communication with all regional BizOR, Chamber, economic development partners City, JackCo, SOREDI, SOU, RCC, SBDC, THRIVE This action is closely associated with action 2.1 and could benefit from the creation of a local Jobs Commission/Advisory Board, but will also rely and build on existing communication structures utilized by local and regional economic development partners. Benchmark/Performance Measure - Schedule to host and conduct four quarterly meetings with representatives of economic development partner organizations in FY14 4 ECOnorrdC DEVELOPMENT STRATEGY Enhancing economic strength in community 3.3 Create a coordinated economic development information 1 BizOR, Chamber, and marketing plan to maximize public communication City, SOREDI, tools SOU/RCC The community has a variety of public communication resources such as City, Chamber and other economic development partner websites, social media outlets, direct mailing lists, e-newsletters, community TV (RVrV), postings in community meeting spaces, City Commission & Committee packets, etc. A coordinated information and marketing plan would provide consistent and complete local and regional economic development information and services for the region. The system would integrate partner agency content to automate distribution across partner communication platforms for maximum efficiency and reach to the business community and the public. The B,R&E contained many references to the need/desire for increased marketing and communication efforts for business education and training, including Ashland specific data sets across a variety of often inter-related business segments such as real estate market analysis, detailed demographic analysis, etc. Additionally, resources such as current development related information, fees, licenses, services available, etc was also suggested to be pulled together into one resource location and kept current. 3.3.1 - A suggested concept to achieve this goal is a local business resource web portal which could house all of the information described above as a one-stop shop for market/demographic data, contacts, educational and business services resources across the various business segments. The portal would be organized to provide information, resources and guidance specific to the needs of the user: Starting a business - Business assistance/training, business/strategic planning resources, legal structures, licensing/permitting, site selection, sector specific customer demographics, local vendor supply chain opportunities Growing a business - Staffing/workforce training resources, expansion markets/exporting assistance, site evaluation, real estate occupancy/vacancy/BLI information Relocating a business - Site evaluation/land use codes, infrastructure assessment/constraints, incentive programs (enterprise/e-commerce zones), occupancy/vacancy/BLI information Financing a business - Local, State and Federal financing programs, grant opportunities, seed/angel fund programs, infrastructure deferral/loan programs, incentive programs 3.3.2 - Develop, maintain and publish through the business portal an economic indicators dashboard tool to assist Council, businesses and the community in gauging the local economic climate. Indicators could include totals, percentage annual change and comparisons to other communities in the following: • Business license registration by major category • Total employees by major category • Residential and commercial construction permits and valuation • Home occupation permits • Transient Occupancy Tax collections 5 ECOnOnv,C DEVELOPMENT STRATEGY Enhancing economic strength in community • Occupancy rate • Visitor/tourist population • Ashland School District enrollment by grade • Commercial electric and water utility consumption • New commercial electric and water utility meter connections • Annual average home monthly rent • Median home sales • Population by age group • Attainment of Economic Development Strategy action targets Other regional indicators could be included and tracked to connect Ashland specific trends with regional indicators such as median household income, wage growth, etc that are not available at the Ashland community level. 3.3.3 - To further expand and provide exposure to the variety of core business segments, information could also be provided in the form of short videos for key local segments such as: Digital Technology , vitaculture/sustainable ag/organic farming, Performing Arts, Visual art and design, film and video production, culinary, government innovation/partnerships and connected to the business resource portal and other marketing partners and outlets. Benchmark/Performance Measure - Completion and quarterly reporting to Council and the community using an economic indicators dashboard with FY13 benchmarks and performance targets and measures where appropriate. 6.4 Develop and implement a communication/outreach plan for the ' BizOR, Chamber, recently awarded E-Commerce Zone City, JackCo, SOREDI With considerable support and assistance from Jackson County and SOREDI, an e-commerce designation was secured for the entire Jackson County enterprise zone which much of the employment lands in Ashland are now a part of. To maximize the benefits of this new resource, City staff will work with Jackson County and SOREDI to ensure that property owners, businesses and interested parties are aware of the program, its benefits and opportunities. Benchmark/Performance Measure - Contact all property owners and businesses within the three e- commerce nodes in Ashland, schedule and conduct informational meetings at each node location, follow up on interest from individual property owners or business owners by January 2014. One approved e-commerce business in FY14. 6 ECOnOrnk DEVELOPMENT STRATEGY Enhancing economic strength in community 6.5 Evaluate land availability for business expansion on lands 1 BizOR, Chamber, on or adjacent to existing businesses City, SOREDI As most job growth comes from the expansion of existing businesses, it is critical to evaluate lands where business expansion is likely or desired to understand and anticipate obstacles and barriers of the adjacent lands for expansion while also looking forward using expected market growth need estimates over the next 10-20 years. Using the Urban Renewal District feasibility study, the EOA, the updated BLI, the B, R & E results and other related data, an initial analysis would be prepared. City staff or a designated task force could review and evaluate existing business expansion opportunities (adjacent lands), new business land needs consistent with identified target areas (profile/attributes action 1.1) and land needs and opportunities within the existing Urban Growth Boundary (UGB). The evaluation will include elements such as, infrastructure needs for the identified lands, existing and proposed zoning regulations and identification of potential conflicts with expansion forecasts/needs, etc. The results may indicate the desire and benefit for proactive adjustments to the zoning regulations, the inclusion of specific public projects in the City Capital Improvement Plan (CIP) and/or other policy modifications. The results will also provide those businesses contemplating expansion with upfront analysis of the practical and policy implications of a proposed expansion, removing much of the unpredictability of that process. Participating proactively with the business community on business expansion needs and obstacles was identified in the B,R&E survey as a significant business need and resource. City and Chamber staff had follow up conversations with many of the survey respondents and found a variety of issues where further site evaluation and identification of expansion needs would benefit both short and long term decision making for business expansion and could be the biggest assistance in retaining existing businesses in Ashland. Benchmark/ Perform ance Measure Conduct a minimum of 10 site expansion evaluations in FY14 1.5 Assist local businesses in energy, water, waste, supply 1 City, Recology, Parks chain reductions and efficiencies & Rec, DEQ, Avista The City of Ashland created an Ashland Green Business Program four years ago, managed and staffed through the City's Conservation Division, as a coordinated multi-agency team (City-water, City-Electric, Recology-waste, Avista-Nat gas, DEQ) to help businesses wanting to increase the efficiency and sustainability efforts of their business operations. The program conducted audits in all major consumption categories and works with businesses to develop plans and strategies to reduce initial consumption, reduce waste and eliminate toxic materials. In addition to reducing operating costs for local businesses and preserving community resources, successful implementation of audit findings result in job creation for the local construction/trades sector. 7 ECOnorrdC DEVELOPMENT STRATEGY Enhancing economic strength in community With turnover in staffing and a significant increase in program workload each year (new businesses are added with existing businesses going through annual evaluations), the Green Business Program has been placed on hold pending a review of program objectives and potential tools available to more efficiently deliver the level of service expected and desired of the program. Staff proposes providing businesses with a set of online tools developed by ICLEI (Local Governments for Sustainability) called the Green Business Challenge. The product allows locals businesses to complete a baseline survey of their resource usage, select a goal level to achieve in each category, use the software to track data over the period of the goal, connect with City and other partner resources to help meet the selected goal and compare their progress with other local businesses and businesses of their type across the nation. This program format allows staff to serve interested businesses regardless of the volume of interest and participation. Benchmark/Performance Measure - Participation by 30 local businesses by end of FY14 -4.2 Develop, promote, and expand job training programs to 1 Chamber, City, Job meet skill needs identified by local business Council, SOREDI 1.4 Create/Expand a local business resource & mentoring 1 Chamber, City, program SOU/RCC-SBDC 4.1 Develop/expand programs to connect local education 1 ASD, SOU/RCC, partners with business community for experience and Chamber, Job exposure to entrepreneurship, business development & Council, SOREDI, operations City Each of these actions were mentioned consistently throughout the B,R&E as programs and services that would benefit local businesses. All three actions identified and supported in the B,R&E are occurring at some level within the region. The reoccurring theme throughout the survey response and from other discussions with business leaders and partner organizations is that there is a need for Ashland specific resources and programs in these areas. As part of Council's goalsetting for 2013-14, an objective was identified under the community quality of life goal to establish a permanent jobs commission. A group like a Jobs Commission or Jobs Advisory Board could be developed and charged with developing a prioritized plan to leverage existing services and augment those services when necessary to ensure that work being done in the region is available, accessible and tailored to Ashland employer and employee needs. Staff level discussions with the listed partners indicate that a variety of programs currently in place in the region would benefit from additional participation from Ashland businesses, institutions, schools and non-profit and government partners. 8 ECOnOnuC DEVELOPMENT STRATEGY Enhancing economic strength in community Priority 2 Items (7 items) 1 City Funding 1.6 Determine feasibility/demand for 2 BizOR, Chamber, City, Chamber/SOU TBD local business assistance and support SOREDI, SBDC, RCC, office SOU 3.2 Create opportunities for increased 2 City, Chamber, SOREDI Chamber Econ Dev budget local access to funds (staff time) 5.1 Maximize City funded marketing Chamber, City Chamber Econ Dev Grant or efforts targeted for "year-round" contract tourism 5.2 Determine market feasibility for a 2 Chamber, City, OSF, City Econ Dev budget convention/community center SOU (Staff time + contract) 5.3 Develop a capital improvement City City City budget plan and maintenance strategy for the (Staff time + contract) Plaza and downtown 6.3 Complete transportation and utility 2 City City CIP budget service connections to all commercial and industrial lands in the City limits (Staff time + Contract) and UGB 6.7 Complete and maintain real-time 2* Chamber, City, SOREDI, City/Chamber Econ Dev Grant or commercial occupancy data Private contract (availability, price, contacts, etc.) * Possible data set to be incorporated into proposed action 3.3.1 - Business Resource Portal Priority 3 Items (8 items) . City Funding 1.3 Increase opportunities for local 3 Chamber, City, SOU, THRIVE Econ Dev Grant or import substitution and local to local THRIVE contract purchasing 6.2 Complete and maintain publicly 3* City City PW budget accessible real-time online buildable (Staff time) lands inventory 6.6 Determine feasibility and Econ Dev/Admin cost/benefit for public purchase of key bud et industrial lands to make "shovel ready" City City g for re-sale for business development (Staff time) 7.4 Update the Economy Element of 3 City City Comm Dev/Econ Dev the Comprehensive Plan budget (Staff time) 9 ECOnOmiC DEVELOPMENT STRATEGY Enhancing economic strength in community 7.5 Provide public access to City City PW budget development related data sets (GIS Mapping) (Staff time) 7.6 Integrate existing sustainable City City Comm Dev budget development concepts & practices into (staff time) development standards 7.7 Create and define quantifiable city City Grant or contract community "Quality of Life' indicators to measure economic development strategy success, both monetary and non-monetary 7.8 Develop and Implement a Fagade Chamber, City City Econ Dev/Admin Improvement Program budget (Staff time) * Possible data set to be incorporated into proposed action 3.3.1 - Business Resource Portal 10 ECOnorniC DEVELOPMENT STRATEGY Enhancing economic strength in community CITY OF ASHLAND Council Communication March 18, 2014, Business Meeting Economic Development Strategy Quarterly Update FROM: Adam Hanks, Management Analyst, adam@ashland.or.us SUMMARY The Economic Development Strategy adopted in July of 2011 contained an implementation plan sorted into three priority levels. With the completion of the bulk of the priority one implementation actions, staff presented a review of the work completed as well as a proposed update to the implementation plan at the Council meeting of March 19, 2013. The phase two implementation plan was approved by Council in June of 2013 with an updated set of ten "Priority One" actions to focus on for FY 13-14. BACKGROUND AND POLICY IMPLICATIONS: The following table lists the ten current priority one action items that were provided to Council in the November Quarterly update. The table includes the description provided in November with a brief summary project update immediately below. 7.1 Improve the Land Use Development Process - Incorporates actions 7.2 and 7.3 Led by the Community Development Staff, the Unified land use code project is nearing completion with a final draft being presented to the Planning Commission in December of 2013 with Planning Commission recommendations moving forward to Council for final review and approval in January or February of 2014. Spring '14 Update - Most recent draft presented to Planning Commission at its February 25, 2014 study session. http://ashland.or.us/SIB/files/ULUO 02-25-14.pdf. The Commission will be reviewing the revised draft materials at its March study session. 2.1 Formalize relationships and roles for Ashland specific strategy implementation among major partners The Mayor and staff attended a recent Jackson County Economic Advisory Council meeting to present the updated Strategy actions and coordinate activities as appropriate with the regional efforts. Staff continues to work with SOREDI and Business Oregon staff on regional efforts that include Ashland strategy implementation, businesses or property. Spring '14 Update -As of January, 2014, City staff (City Administrator/Management Analyst) are now the City representatives on the SOREDI Board of Directors and attends meetings monthly. Additionally, Management Analyst is a member of the SOREDI Business Recruitment and Retention Committee that meets monthly for regional strategies and implementing actions relating to the retention and growth of existing businesses and targeted recruitment of new businesses to the region. Page 1 of 4 pirywr, CITY OF ASHLAND 2.2 Create formal and routine communication with all regional economic development partners Staff has recently been invited to participate with the Ashland Chamber on its Economic Response Team. Staff is also coordinating a regular schedule of quarterly meetings with SOREDI, Business Oregon, Job Council and the Governors Regional Solution Team Manager that should be beginning in January of 2014. Regular meetings with Chamber staff have remained consistent and valuable. Spring '14 Update - City staff has met with all partner groups, but no formal, scheduled regular meeting schedule has been developed to due timing constraints/conflicts and project prioritization among the partners. City Staff is now also a member of the Chamber of Commerce Business Resource Portal Development Team, a new, local business centric, website providing an array of resources, data, news, training opportunities for Ashland businesses. 3.3 Create a coordinated economic development information and marketing plan to maximize public communication tools City and Chamber staff have met several times this quarter to work on development of the Ashland Business Resource website, which will form the foundation of the local economic development communication and marketing tools and resource delivery to the Ashland business community. The project is being led by the Chamber and will include partnership from the City as well as others, potential private sponsor as well as other public agencies. The objective is to provide a common location for all business resources at all stages of business development, from starting, growing, relocating and financing a business. The site will contain relevant local business and community demographics similar, but ultimately several layers deeper than data currently found in the Chamber's Living and Doing Business Guide. The content will be delivered both graphically and via video and will contain relevant business events and trainings, current news releases by business category and will allow user to register and have customized control of automated delivery of newly posted data. A related sub-action is the development, release and updating of a local economic indicators dashboard to assist in evaluating the local economic climate. City staff has developed a skeleton framework based on other similar products in other regions in the state and will be working with other Departments and the Chamber to obtain the data and develop a system for updating. City and Chamber staff are continuing to work towards the drafting of a proposed partnership agreement between the City and the Chamber to define roles, responsibilities and cost allocation which will be presented to Council for approval within the next 60-90 days. Spring '14 Update - The Ashland Business Resource Portal has progressed from concept, to outline to phase I launch, culminating in its unveiling at the 2014 Ashland Innovators Conference (April 11, 2014) . A variety of business and governmental partners have provided financial and staff/data support, including the City of Ashland, Business Oregon, SOU, SOU/RCC Small Business Development Center, Oregon Secretary of State, Small Business Administration, US Bank and others. The City and the Chamber are working together on promotional and outreach efforts leading up to the release of the site April 11 at the Innovators Conference and comprehensive metrics on the use of the website will be available to guide further development and enhancements as the project matures and becomes the core local business resource it is envisioned to be. The local economic indicators dashboard tool is now designed to be a tool within the portal providing the opportunity to leverage and connect more diverse data sets residing within the site as well as benefit from the review, input and analysis of the entire portal development team. Page 2 of 4 ~r, CITY OF ASHLAND 6.4 Pursue the expansion of a State E-Commerce Zone for Ashland The e-commerce overlay to the Jackson County Enterprise Zone was awarded in July of 2013. City and Chamber staff recently met with SOREDI staff to develop Ashland specific information sheets to distribute to all properties and businesses within the three Enterprise/E-commerce nodes within Ashland. City and Chamber staff are also developing common procedures and FAQ/Talking points for key staff to use when Enterprise/e-commerce questions arise to ensure that consistent and accurate eligibility and process information is provided to interested businesses. Working with a property owner on a building construction development that initially appears to qualify for Enterprise zone benefits and possibly e-commerce benefits as well. Project will be going through the pre- - app process in the coming month. Spring '14 Update - The project under discussion in November has now formally initiated the land use approval process, has completed the pre-application conference and will be submitting a formal application in the next 30 days. Direct contact has been made with a variety of businesses within the three enterprise zone locations in Ashland and a comprehensive mailing will be sent within the next 30 days to all businesses and property owners within the three zone areas. 6.5 Evaluate land availability for business expansion on lands on or adjacent to existing businesses City Admin, Community Development and Engineering staff have met and discussed process options, template/format, and property/resource attributes to include in the evaluations. Outreach to interested property owners may be leveraged by Enterprise/E-commerce zone outreach efforts. Spring '14 Update - No new status update 1.5 Assist local businesses in energy, water, waste supply chain reductions and efficiencies Staff recently obtained software contract information from ICLEI for the Green Business Challenge and has also recently presented to concept to the Chamber's Green Business committee to explore outreach/marketing partner opportunities. Software procurement and backend setup is expected to take 60-90 days from date of contract signing. Expected launch date is March of 2014 Spring '14 Update - City Staff submitted a grant application for the complete implementation costs associated with the Green Business Challenge (software, promotional funds, enhanced technical support, etc) in early January, but was informed in mid-February that the City was not selected for the grant. The software will be purchased in the next 30 days and back-end data work will begin upon contract signing with launch occurring in August/September. City staff continues to work with Chamber staff on promotional/outreach assistance and partnership. 4.2 Develop, promote and expand job training programs to meet skill needs identified by local business See action 4.1 1.4 Create/Expand a local business resource & mentoring program See action 4.1 4.1 Develop/expand programs to connect local education partners with business community for experience and exposure to entrepreneurship business development & operations These three actions rely heavily on partnership agreements with The Job Council. City and Job Council staff presented a proposed scope of services agreement based on initial feedback from Council at the Page 3 of 4 ~r, CITY OF ASHLAND October Study Session. Based on the feedback, City and Job Council staff have met again and are developing a revised scope of service contract and will be presenting that back to Council in the next 30- 60 days for review and direction. The primary focus of the contract will be on addressing action 4.2. Quarterly meetings as described in actions 2.1 and 2.2 will assist in addressing the longer term achievement of actions 4.2 and 1.4 Spring '14 Update - The Job Council recently provided a letter to the City stating that they were not currently in a position to present a proposal or contract for a custom set of services for the City of Ashland due to staffing issues along with new program objectives and mandates for the region. City staff will be presenting potential alternatives for providing the same or similar services to the Council in an upcoming study session in May or June of 2014. FISCAL IMPLICATIONS: N/A - Council Update STAFF RECOMMENDATION AND REQUESTED ACTION: N/A - Council Update ATTACHMENTS: FY 13-15 Strategy Implementation Plan Update Adopted 2011 Economic Development Strategy - www.ashland.or.us/strategy Page 4 of 4 ~r, ,111 Enterprise Zone ,1111 E-Commerce Zone What is it? What is it? The Enterprise Zone is an economic development tool The E-Commerce Zone offers income tax exemptions approved by the State of Oregon to provide property for investments made in computer equipment, tax incentives for eligible businesses that are growing network servers, data stroage, communications and and creating new jobs. other hardware and software systems that facilitate What are the benifits? and expand conducting business over the internet. Qualifying businesses receive a minimum of three What are the benifits? years of property tax exemption associated with new Qualifying businesses receive income tax exemptions construction, additions, or significant tenant on certain e-commerce related investments. improvements on the property. The exemption can extend to five years if certain compensation How does it work? requirements are met. Qualifying internet based businesses located within one of Ashland's three Jackson County Enterprise How does it work? Zones receive income tax exemptions on qualifying In exchange for the property tax waiver, called an hardware and software investments. abatement, qualifying businesses commit to a minimum ofa 10 percent increase in employment Who's eligible? where the expansion occurs. The jobs created must be Eligible businesses have more than 50% of business maintained for the duration of the tax benefit (and sales activities generated or processed using the must meet specific compensation levels to qualify internet. Primary activities include technical support, during years four and five). claims processing, client evaluation, shipping, Who's eligible? warehousing or other similar operations. Business or property owners located in the Jackson Review the Jackson County Enterprise zone maps on County Enterprise Zone may be eligible. Eligible the reverse side to determine if your business is business activities are generally described as traded located in one of the three Ashland zone areas. sector businesses such as manufacturing, assembly, shipping, storage, call centers, processing, fabrication, and headquarter facilities. Review the Jackson County Enterprise zone maps on the reverse side to determine if your business is located in one of the three Ashland zone areas. Find out if you're in an e-commerce zone. See reverse side. busineda0b.snn.ess CITY OF orSOredi ASHLAND grows to help business prosper Ift Enterprise Zones AshtandSt ` Give Us A Call to Learn More Contact Adam Hanks at the City of Ashland to find out more ss O about how your business may be able to take advantages of ~y °4BlLa 66 these programs. a 2 Business Resources E ~a Business owners in Ashland benefit from a strong support oP~d X50° system of community partners focused on helping businesses succeed and grow in Ashland. Below are a few key resources for local businesses: East Node A Ashland Fiber Network AFN is the city owned telecommunications service that features speeds of up to 1 Gigabit. AFN fiber services are locally supported and 99.9% "always on". g, - for service details ~i f Ma;,, St The Ashland Business Resource Portal Led by the Ashland Chamber of Commerce and supported by the City, SOU, US Bank, Ashland Fiber Network and others, the portal is a dynamic website created as a one stop site Airport m for business news, economic data, educational workshops and business assistance for starting, growing and AShtana St developing business in Ashland. for more information East Node B SOREDI Southern Oregon Regional Economic Development Inc. is the Rogue Valley's business development resource made up of private and public sector partners with a mission of helping z~ business prosper and grow throughout the region. o~ v o g - for more information E Hersey St z Ashland Innovators Conference Created by the Ashland Chamber of Commerce in a collaboration with Southern Oregon University, the annual conference showcases innovative companies, organizations BSt and students in Ashland. Enterprise Zones West Node for more information Contact Information CITY OF ADAM HANKS, Administration / adam@ashland.or.us / 541-552-2046 ASHLAND 20 East Main Street, Ashland, OR 97520 CITY OF ASHLAND Council Communication December 16, 2014, Business Meeting Responses to RFPs for Downtown Beautification Projects FROM: Scott Fleury, Engineering Services Manager, Public Works/Engineering, fleurysgashland.or.us SUMMARY The City received two responses to the RFPs issued for landscape architectural design services for two downtown beautification projects: 1) landscape improvements to the Lithia Way and Pioneer Street parking lot and 2) improvements to the triangle area at the corner of Lithia Way and Pioneer Street and improvements to the seat wall and planter at the corner of Winburn Way and North Main. The responses have been evaluated and scored. Staff recommends rejecting all proposals and conducting an informal solicitation process to award these contracts. BACKGROUND AND POLICY IMPLICATIONS: The ad hoc Downtown Beautification Improvement Committee recommended the above projects as a priority to be completed prior to the end of the current fiscal year, using transient occupancy tax funds that have been set aside for qualifying capital projects. The committee allocated $31,000 for the parking lot landscape project and a total of $24,000 for the seat wall and planter on North Main and the triangle on Lithia Way. Design costs are typically 10% of the cost of the overall project. Personal services contracts under $35,000 are not required to be formally bid. However at the Council meeting of September 2°d, at which the Council approved the committee's recommendation of these projects, it indicated that it wanted to be involved in the implementation plans. http://www.ashland.or.us/Agendas.asp?Displgy=Minutes&AMID=5781 With that direction, staff initiated a formal bidding process that requires Council approval at each step. At the October 21, 2014, City Council meeting, the Council approved the draft RFP and directed staff to move forward with the formal bid process. http://www.ashland.or.us/Agendas.asp?Displqy=Minutes&AMID=5811 The City received two responses to each RFP: One for each project from Mackenzie in Portland and one for each project from Dougherty Landscape Architects in Eugene. No proposals were received from local firms. Staff does not feel the proposals received demonstrate an understanding of the City's needs for these projects and contracting with either of these firms would mean incurring additional cost for travel time. Staff believes rejecting all proposals is in the best interest of the City. Staff further suggestsstarting over with the informal process. The less formal process, allowed under AMC 2.50.100 allows intermediate procurements using a less formal solicitation to obtain quotes, bids or proposals. This process is less time consuming for the potential provider of services and can generate more responses from qualified providers. Page 1 of 2 CITY OF ASHLAND COUNCIL GOALS SUPPORTED: #14 Encourage and/or develop public spaces that build community and promote interaction. FISCAL IMPLICATIONS: Implementation of these proposed projects will use funds generated from the transient occupancy tax and allocated for "other City projects that qualify" for the current budget cycle. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends rejecting the proposals received, initiating the informal procurement process, and directly contacting three to five local firms to obtain proposals and quotes for the design work. SUGGESTED MOTION: I move to direct staff to move forward with a less formal procurement process with final design approval by Council. ATTACHMENTS: RFPs for design services Responses to RFPS Page 2 of 2 Ir, REQUEST FOR PROPOSALS Pioneer Parking Lot Landscape Improvements PROJECT NO: 2014-09 PROJECT TYPE: Professional Landscape Architectural Services PROPOSAL OPENING DATE: 2:00 PM, November 20, 2014 CITY PROJECT MANAGER Scott A. Fleury CONTRACT DURATION 12 months ~r CITY OF -ASHLAND PUBLIC WORKS ENGINEERING 20 E. MAIN STREET ASHLAND OR 97520 541/488-5347 G:1pub-wrks1eng114-09 Downtown BeautylRFP's Downtown BeautylRFP Pioneer Parking Lot114-09 RFP Pioneer Parking Lot (1).doc TABLE OF CONTENTS _ Table of Contents 1 Advertisement 3 Section 1 - Request for Proposals - - - L I Solicitation Information and Requirements 4 _ 1.1.1 Overview 4 1 1 2 Background 4 1.1.3 Definitions 4 1. 1.4 Contract Form 5 _ Contract Duration 5 - Contract Payment - 5 - - - _ - 5 DBE Participation Ashland Living Wage Requit'ement...... 1.1.5 Business License Requirements 6 - - - 1-1.6 Insut ance Requirements 6 1,2 Questions and Clarifications 6 - - - - - - 1 2 1_ProP. oser Questions 6 - . 1.3 Protests _ _ 7 1.3.1 Award Protest Requirements 1,3,2__ Specification Protest Process 1.3.3 Costs and Damages 8 _ . 1 4 Pass/Fail Proposal Submission Requirements 8 8 _ 1.4.1 Proposal Submission Deadline 1.4.2 Terms and Conditions 8 1_4.3 Proprietary Information 8 1 4 4 Laws and R_. egulations _ T 9 1.5 Required Proposal Submission Items 9 1.5.1 Cover Sheet 9 --......_._.........._....T.__-._.__.._.__._ 1.5.2 Page Length Limitation 10 _ - - 1.5.3 Quantity of Proposals 1.5.4 Minimum Proposal Contents I Section 2 - Evaluation Process and Consultant Selection 2.1 Evaluation Process I 1 _ - . 2.1.1 _Proposal Evaluation 12 2.1.2 Interviews / Follow-up Questions 12 _ 2.1.3 References 12 .........__.._-._._.T----- - - 2.1.4 Clarifications 12 - 2.1.5 Non-Resident Proposer .-13 - 2.2 Scoring Criteria 13 2.2.1 Technical Competence 13 - Specialized Experience and Capabilities 13 . 2.2.3 Resources and Past Performance 13 - 2.2.4 Project Management Techniques...._.......__....._-------..........._..._- _:_----._._-...._.___.......-_-_._.-_____......._....__.._...._._..___.._._..._..._._...__..14-- 2.2.5 Cost of Services 14 - 2.3 Award Process 15 2.3.1 Negotiations 15 - 2.3.2 Failure to Execute Contract 15 of Intent to Award 15 2.33 Notice 2.3.4 Evaluation Record 15 .5 2.3.5 Right to Protest I _ 2.3.6 Award 16 G:\pub-wrks\eng\14-09 Downtown Beauty\RFP's Downtown Beauty\RFP Pioneer Parking Lot\14-09 RFP Pioneer Parking Lot (1).doc 1 Section 3 - Scope of Services 16 3.1 General Requirements_ _ 16 _-1-1-11-- 3.1.1 Personnel Materials and Equipment, Safety Equipment, Professional Duties 16 3.1.2 Safety Equipment 16 . . 3 1 3 Professional Responsibilities 16 3.1.4 Project Management 16 Appendix A: Contract Form Including Exhibit A, Form W-9 and City Of Ashland Living Wage Appendix B: Project Site Overview Maps and Photographs G:\pub-wrks\eng\14-09 Downtown Beauty\RFP's Downtown Beauty\RFP Pioneer Parking Lot\14-09 RFP Pioneer Parking Lot (1).doc 2 ADVERTISEMENT CITY OF ASHLAND PUBLIC WORKS - REQUEST FOR PROPOSAL PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES The City of Ashland is requesting proposals for professional landscape architectural services for the design and construction documentation of landscape improvements to the Pioneer St. parking lot. Reference exhibit B for site map location and photographs. The project will include but is not limited to the following activities: • Development final project scope. • Design of functional landscape and hardscape improvements. • Attend public meetings with the Tree Commission and City Council • Preparation of appropriate construction documents + Facilitate as necessary Pre-Bid, Pre-Construction, and Construction Progress meetings and provide meeting minutes as necessary • Provide technical assistance during bidding and construction • Provide Construction Management and Inspection Services as necessary Proposals must be physically received by 2:00 PM, November 20, 2014, in the City of Ashland Engineering Office located at 51 Winburn Way, Ashland OR 97520 or by mail at 20 E. Main Street, Ashland, OR 97520. For further information, contact Scott A. Fleury, Engineering Services Manager at 541/552-2414, or by email at fleurys@ashland.or.us. Consultant selection is anticipated to result in the issuance of a contract for landscape architectural services in the form provided in this RFP, for a duration anticipated to be no more than 12 months. Proposal documents are available at the above address, as well as the City of Ashland website at www.ashland.or.us. Any addenda may be downloaded or picked up at Community Development, 51 Winburn Way, Ashland, Oregon. The bidder must check the website frequently until closing for any addenda that may be issued. All submittals by the proposer must be in hard copy form. Proposals are limited to four (4) pages. The proposer must be registered as a Professional Engineer with the State of Oregon. Consultant selection will be based upon weighted criteria as cited in the Request for Proposal document. Standard selection criteria include, but are not limited to: experience, availability, schedule, and response time. The City of Ashland reserves the right to reject any and all proposals, to waive formalities or to accept any proposal which appears to serve the best interest of the City of Ashland. Dave Kanner, City Administrator G:lpub-wrksleng114-09 Downtown BeautylRFP's Downtown BeautylRFP Pioneer Parking LoA14-09 RFP Pioneer Parking Lot (1).doc 3 CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS REQUEST FOR PROPOSAL PIONEER ST. PARKING LOT LANDSCAPE IMPROVEMENTS SECTION 1- REQUEST FOR PROPOSALS 1.1: SOLICITATION INFORMATION AND REQUIREMENTS 1.1.1 Overview The City of Ashland is looking for professional landscape architectural services to provide plans, specifications and estimates (PS&E) along with construction documentation for landscape improvements within the City of Ashland downtown corridor. The City of Ashland receives a transient occupancy tax that is allowed to be used for capital improvement projects directly related to tourism. Specific capital projects within the downtown corridor of Ashland have been identified for improvement. The project identified within this RFP is a priority improvement project for the Ashland City Council. 1.1.2 Background In March of 2014, The City of Ashland Council approved formation of a Downtown Beautification Committee to analyze and recommend specific projects within the downtown corridor for improvement. Over ten meetings the Committee discussed improvement projects, solicited public input and made a final recommendation to Council for priority projects to proceed forward with, based on available funding and preliminary cost estimates. The priority project list was approved by the City Council on September 2, 2014. Projects are expected to be designed and constructed by summer of 2015. Final recommended design will be presented before City Council for approval. Pioneer St. Parking Lot Landscape Improvements Project Goals: The existing trees and shrubs are either near their lifespan or damaged from pedestrian traffic. The existing irrigation system is old and inefficient. The project should focus removal of existing planter material and layout of new tree, shrub and plant material in the areas adjacent to the sidewalks in order to create a visually appealing green buffer between the sidewalks and parked vehicles. The existing irrigation system should be removed/abandoned and replaced with a more efficient design. The final design should also include a half height decorative fence to protect planted areas from pedestrian traffic. Pedestrian circulation patterns from the parking lot to the sidewalk should be assessed and pedestrian paths should be accounted for in the design. City to provide selected consultant with topographic survey data of parking lot for use in design along with previously developed cost estimates and scoping. Tree Commission will be consulted for final plant material selections. 1. 1.3 Definitions For the purposes of this RFP: "Calendar days" means any day appearing on the calendar, whether a weekday, weekend day, national holiday, State holiday or other day; GApub-wrksleng114-09 Downtown BeautylRFP's Downtown BeautylRFP Pioneer Parking LoA14-09 RFP Pioneer Parking Lot (1).doc 4 "Days" means calendar days; "Business days" means calendar days, excluding Saturdays, Sundays and all City recognized holidays. "Agency" or "City" means City of Ashland "Council" means City of Ashland City Council "Manager" means Project Manager "Owner" means City of Ashland "Proposers" means all firms submitting proposals are referred to as proposers in this document; after negotiations, an awarded proposer will be designated as "consultant". "RFP" means Request for Proposal. "Scope of Work" means the general character and range of services and supplies required to perform the work's purpose and objectives, and an overview of the performance outcomes expected by Agency. "Services" means the services to be performed under the Contract. "Statement of Work" means the specific provision in the final Contract which sets forth and defines in detail (within the identified Scope of Work) the agreed-upon objectives, expectations, performance standards, services, deliverables, schedule for delivery and other obligations. 1.1.4 Contract Form The consultant selected by City will be expected to enter into a written contract in the form attached to this RFP as Appendix A. The proposal should indicate acceptance of City's contract provisions. Suggested reasonable alternatives that do not substantially impair City's rights under the contract may be submitted as outlined under Section 1.4.2. Unconditional refusal to accept the contract provisions will result in proposal rejection. Contract Duration the anticipated duration of the contract is 12 months. Contract Payment - Contingent upon City's need, consultant's performance and the availability of approved funding, City reserves the right to amend the contract (within the scope of the project described in this RFP) for additional tasks, project phases and compensation as necessary to complete a particular project. Proposers are advised that the award and potential dollar amount of the contract under this RFP will be contingent upon approval by the Ashland City Council acting as the Contract Review Board. Payment will be made for completion of, or acceptable monthly progress on, tasks and deliverables in conformance with contract requirements and all applicable standards. The method of compensation will be determined by the City and may be based upon any one or combination of the following methods: • Cost plus fixed-fee, up to a maximum NTE amount • Fixed price for all services, Fixed price per deliverable, Fixed price per milestone • Time and materials, up to a maximum NTE amount (City preferred method) • Price per unit DBE Participation - The utilization of federal funds is not anticipated in this contract, and no DBE participation goals will be assigned. Ashland Living Wage Requirements - Consultant's employees must be paid at least the living wage as established by the City of Ashland on June 30, 2014 (14.42 per hour): GApub-wrksleng114-09 Downtown Beauty\RFP's Downtown Beauty\RFP Pioneer Parking Lot114-09 RFP Pioneer Parking Lot (1).doc 5 • For all hours worked under a service contract between their employer and the City if the contract exceeds $19,825 or more. • For all hours worked in a month if the employee spends 50% or more of the employee's time in that month working on a project or portion of business of their employer, if the employer has ten or more employees and has received financial assistance for the project or business from the City in excess of $19,825. In calculating the living wage for full time employees, employers may add the value of health care, retirement, 401 K and IRS eligible cafeteria plans, and other benefits to the employees' wages. The City of Ashland Living Wage Statement is appended to the sample contract included in the appendix. 1.1.5 Business License Required The selected consultant must have or acquire a current City of Ashland business license prior to conducting any work under this contract. 1.1.6 Insurance Requirements Contractor shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers. b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. c. General Liability insurance with a combined single limit, or the.equivalent, of not less than $2,000,000 for each occurrence for bodily injury and property damage. It shall include contractual liability coverage for the indemnity provided under this contract. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 for each accident for bodily injury and property damage, including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of Cancellation or Change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the contractor or its insurer(s) to the City. Additional Insured/Certificates of Insurance Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as additional insurers on any insurance policies required herein but only with respect to contractor's services to be provided under this contract. As evidence of the insurance coverage required by this contract, the contractor must furnish acceptable insurance certificates prior to commencing work under this contract. The certificate must specify all of the parties who are additional insurers. The consultant's insurance must be primary and non-contributory. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. must be provided to the City. The contractor must pay for all pertinent deductibles, self insured retentions and/or self-insurance. G:\pub-wrks\eng\14-09 Downtown Beauty\RFP's Downtown Beauty\RFP Pioneer Parking Lot\14-09 RFP Pioneer Parking Lot (1).doc 6 1.2 QUESTIONS AND CLARIFICATIONS 1.2.1 Proposer Questions All inquires, whether relating to the Rl'P process, administration, deadline or award, or to the intent or technical aspects of the services must be submitted in writing to the City's Project Manager listed in the advertisement for this proposal, at 20 East Main Street, Ashland Oregon 97520. All questions must be received not later than ten (10) calendar days prior to the proposal submission deadline. Answers to questions received by City, which are deemed by City to be substantive, will be issued as official addenda to this RFP to ensure that all proposers base their proposals on the same information. When appropriate, as determined by City in its sole discretions, revisions, substitutions or clarification of the RFP or attached terms and conditions, an official addendum to this RFP will be issued. The addenda may be downloaded or picked up at Community Development, 51 Winburn Way, Ashland, Oregon. The bidder must check the website frequently until closing. Proposer shall indicate receipt of all issued addenda by attaching a copy of each addendum to the proposal. Any addenda will not be included in the total maximum page limit. Any addendum issued by the City seventy-two (72) hours or more before the scheduled closing time for submission of proposals, Saturday, Sunday and legal holidays not included, shall be binding proposers. Failure of any proposer to receive or obtain such addenda shall not excuse it from compliance therewith if it is awarded the contract. 1.3 PROTESTS 1.3.1 Award Protest Requirements Every proposer submitting a proposal shall be notified of its selection status. Any proposer who claims to have been adversely affected or aggrieved by the selection, or any proposer who contends that the provisions of the RFP or any aspect of the procurement process has promoted favoritism in the award of the contract or has substantially diminished competition, must file a written protest to the RFP within seven (7) calendar days after the date of the selection notice. Failure to file a protest will be deemed a waiver of any claim by an offeror that the procurement process violates any provision of ORS Chapter 279, the City of Ashland Local Contract Review Board Rules or the City's procedures for screening and selection of persons to perform personal services. 1.3.2 Specification Protest Process Delivery: A proposer must deliver a protest of specifications to the City in writing no later than seven (7) calendar days prior to the proposal due date as follows: Specification Protest Proposal#: 2014-09 Downtown Beautification City of Ashland Public Works Department ATTN: Engineering Services Manager 20 East Main Street Ashland, OR 97520 Content: A proposer's written protest must include: • A detailed statement of the legal and factual grounds for the protest; • description of the resulting prejudice to the proposer; and • A statement of the form of relief requested or any proposed changes to the specifications. G:1pub-wrksleng114-09 Downtown Beauty\RFP's Downtown Beauty\RFP Pioneer Parking Lot114-09 RFP Pioneer Parking Lot (1).doc 7 City Response: The City may reject without consideration a proposer's protest after the deadline established for submitting protest. The City shall provide notice to the applicable proposer if it entirely rejects a protest. If the City agrees with the proposer's protest, in whole or in part, the City shall either issue an addendum reflecting its determination or cancel the solicitation. Extension of Closing: If the City receives a written protest from a proposer in accordance with this rule, the City may extend closing if the City determines an extension is necessary to consider the protest and to issue addenda, if any, to the solicitation document. Judicial review of the City's decision relating to a specification protest shall be in accordance with ORS 279B.405. 1.3.3 Costs and Damages All costs of a protest shall be the responsibility of the protestor and undertaken at the protestor's expense. City shall not be liable for the proposer's damages or costs for filing the protest or to any participant in the protest, on any basis, express or implied. 1.4 "PASS / FAIL" PROPOSAL SUBMISSION REQUIREMENTS Each proposal must comply with the following Pass / Fail criteria. Proposals not meeting ALL Pass / Fail criteria shall be rejected. 1.4.1 Proposal Submission Deadline (Pass / Fail) Proposals must be received by the submission deadline as indicated in this RFP and at the address specified. City will not accept proposals submitted by facsimile or electronic mail, nor will it accept proposals submitted after the proposal submission deadline. City is not responsible for and will not accept late or mis-delivered proposals. 1.4.2 Tenns and Conditions (Pass / Fail) Unless an official addendum has modified or reserved the right to negotiate any terms contained in the contract or exhibits thereto, City will not negotiate any term or condition after the protest deadline, except the statement of work, pricing and calendar with the selected proposer. By proposal submission, the selected proposer agrees to be bound by the terms and conditions set forth in this RFP and as they may have been modified or reserved by City for negotiation. Any proposal that is conditioned upon City's acceptance of any other terms and conditions or rights to negotiate will be rejected. 1.4.3 Proprietary Information The City is subject to the Oregon Public Records Law (ORS 192.410 to 192.505), which requires. the City to disclose all records generated or received in the transaction of City business, except as expressly exempted in ORS 192.501, 192.502, or other applicable law. Examples of exemptions that could be relevant include trade secrets (ORS 192.501 (2)) and computer programs (ORS 192.501(15)). The City will not disclose records submitted by a proposer that are exempt from disclosure under the Public Records Law, subject to the following procedures and limitations. The RFP in its entirety cannot be marked confidential, nor, shall any pricing be marked confidential. Each page containing the records exempt from disclosure shall be marked "confidential" and segregated in the following manner: GApub-wrks\eng\14-09 Downtown BeautylRFP`s Downtown BeautylRFP Pioneer Parking Lot114-09 RFP Pioneer Parking Lot (1).doc 8 ® It shall be clearly marked in bulk and on each page of the confidential document. • It shall be kept separate from the other RFP documents in a separate envelope or package for confidential documents. Where this specification conflicts with other formatting and response instruction specifications, this specification shall prevail • If such conflict occurs, the proposer is instructed to insert the following statement where the requested information that is deemed confidential was to have been placed: "Refer to confidential information enclosed." Proposers who desire that additional information be treated as confidential must mark those pages as "confidential" and cite a specific statutory basis for the exemption and the reasons why the public interest would be served by the confidentiality. Should a proposal be submitted as described in this section, no portion of it can be held as confidential unless that portion is segregated as described above. Notwithstanding the above procedures, the City reserves the right to disclose information that the City, in its sole discretion determines to be not exempt from disclosure or that the City is directed to disclose by the City Attorney, the District Attorney or a court of competent jurisdiction. Prior to disclosing such information, the City will notify the proposer. If the proposer disagrees with the City's decision, the City may, but is not required to, enter into an agreement not to disclose the information so long as the proposer bears the entire cost, including reasonable attorney's fees, of any legal action, including any alternative dispute resolution and appeals, necessary to defend or support a no-disclosure decision. 1.4.4 Laws and Regulations The proposer is assumed to be familiar with all Federal, State, County or City laws or regulations, which in any manner affect those engaged or employed in the work or the materials or equipment used or which in any way affect the conduct of the work, and no pleas of misunderstanding will be considered on account of ignorance thereof If the proposer shall discover any provision in these specifications or project information, plans or contract documents which is contrary to or inconsistent with any law or regulations, they shall report it to the City of Ashland in writing. All work performed by the contractor shall be in compliance with all Federal, State, County and local laws, regulations and ordinances. Unless otherwise specified, the contractor shall be responsible for applying for applicable permits and licenses. 1.5 " REQUIRED" PROPOSAL SUBMISSION ITEMS AND SCORING DEDUCTIONS Any items in this Section 1.5 marked as REQUIRED that are incomplete or are not submitted with the proposal will receive a three (3) point scoring deduction for each item and must be submitted within two (2) business days of request by City. Failure to deliver properly completed "REQUIRED" items within two (2) business days of request by City will result in proposal rejection. Proposals must follow/match the numbering outline as shown in the Scoring Criteria; Section 2.2 of this RFP. Each bullet point under each section of the Scoring Criteria must be answered clearly and specifically. A 2- point scoring deduction will be applied in each instance where this requirement is not met. Or, lire City nay, at its sole discretion, re'ect ally proposal which does Wpub-wrksleng114-09 Downtown Beauty\RFP's Downtown BeautylRFP Pioneer Parking Lot114-09 RFP Pioneer Parking Lot (1).doc 9 i not follow/match the Scoring Criteria numbering as presented in this RFP or which does not answer clearly and specifically each bullet point under each criteria. 1.5.1 Cover Sheet uiredl The proposal must include a completed cover sheet signed by a duly authorized representative empowered to bind the proposer (at least one original signature). The cover sheet shall state the project title, the legal name of the proposer, legal status, federal tax 1D number, mailing address, primary contact person for this proposal with email address, telephone number, fax number and the name of the person authorized to sign a contract. Include an original signature, printed name and title and date. 1.5.2 Page Length Limitation (Required) The proposal must not exceed four (4) pages, excluding cover sheet, any tabs or indexes and references, and any issued addendum. Failure to include any issued addendum within the RFP shall result in a three point scoring reduction. If a proposer submits a proposal exceeding this limit, City will consider the pages up to that allowable number and discard all subsequent pages. One page is defined as: one side of a single 8 '/z" x 11" page with single spacing, 12 pt. font and 1 " margins. Any page over this size will be counted as two (2) pages. Any page or partial page with substantive text, tables, graphics, charts, etc. will be counted as one page. There is no scoring deduction for exceeding the proposal page limitation, however, extra pages will be discarded and will not be considered in the evaluation. 1.5.3 Quantity of Proposals (Required) Proposers must submit six (6) complete copies of the proposal and one electronic copy in Adobe Acrobat (PDF) in the sequential order of the proposal with a separate envelope or package for any proprietary information. 1.5.4 Minimum Proposal Contents A. Project Narrative: The narrative must include a description of the consultant's understanding of the project objectives. B. Project Phasing: The project will be structured in four phases, with each phase having its own deliverables, final acceptance, and independent not-to-exceed cost. 1. Pre-design Evaluation and Scoping 2. Design Development, Construction Documents 3. Bid Support Services 4. Construction Support Services C. Preliminary Work Breakdown and Schedule: The Consultant shall prepare a preliminary project work breakdown and schedule that anticipates all services required to complete the project before June 30, 2015. The Proposal must include a graphic Gant-chart style schedule of major work tasks with project milestones and estimate of time required to complete each task. 1. Develop final project scope for the landscape project in conjunction with City staff input. 2. Develop final design of projects for approval by the City Council. 3. Attend design development meetings with City staff team. 4. Attend up to two Tree Commission meetings and two City Council meetings during the design phase. (City Council meets the first and third Tuesday of each month. Tree Commission meets the first Thursday of the month). G:1pub-wrksleng114-09 Downtown BeautyWP's Downtown Beauty\RFP Pioneer Parking Lot114-09 RFP Pioneer Parking Lot (1).doc 10 5. Prepare complete bid documents (specs, bid quantities, etc.) and assist City in the bidding of the project. (Existing City templates may be used). b. Facilitate Pre-Bid Conference, Pre-Construction Conference and Construction Progress meetings. Provide agendas and detailed written minutes for all significant meetings. 7. Provide technical assistance during bidding and construction including Requests for Information and the review/approval of Submittals. 8. Provide Construction Management services including project inspection. D. The Preliminary Statement of Work (SW)-The Preliminary Statement of Work must outline phases of work and the relationship of the proposed tasks to meet the objectives of the project. It must include proposed methods of investigation, analysis, and design as appropriate. Key elements must include: a. An expanded outline of all work tasks 2. Detailed work schedule for each major task, including time frames and durations of each task. 3. List of all proposed sub-consultants, including their planned scope of work, key project staff and references (contact names, phone numbers, and email addresses). 4. Description organized by task of City's anticipated role to assist in the development of the plan. Include specific deliverables needed from the City. E. After the winning proposal has been selected, the preliminary work breakdown and schedule for services will be used to negotiate and prepare the final budget and scope of services that will be submitted as the Statement of Work attached to the City's standard contract for Professional Services. Invoices requesting payment must be prepared and sent to the City monthly. Payment will be made as a percentage of completion of each task. The City's fiscal year ends on June 30"', and all work completed up to that date must be billed no later than July 5"'. It is of particular importance that work or services rendered are paid out of the budget for the same fiscal year in which the services are budgeted and the service is rendered by the City. Therefore, costs associated with contractors' or subcontractors' work or services rendered under the direction or direct or indirect control of the proposer are also subject to the invoicing requirement listed above by June 30th of each year. By April 15'" the proposer must submit an estimate of anticipated billings up to June 30th of that year. The proposer should assume that there will be no opportunities to increase the total cost of the sum of all work tasks, but that costs may be shifted from one task to another after tasks are completed. The City's budgeting process does not provide a means to readily change the total project budget, and proposers must assume that increases in the project budget will not be available after the Statement of'Work has been accepted. Proposers are responsible to ensure that every effort is made to anticipate potential additional costs after project initiation. SECTION 2.0 - EVALUATION PROCESS AND CONSULTANT SELECTION 2.1 EVALUATION PROCESS The City shall select consultants as provided in ORS 279C. 110 to provide services on the basis of the consultant's qualifications for the type of professional service required. GApub-wrks\en9\14-09 Downtown Beauty\RFP's Downtown Beauty\RFP Pioneer Parking lot\14-09 RFP Pioneer Parking Lot (1).doc 11 Proposer will be selected in a manner to accommodate the Department's scope and schedule and budget objectives for a particular project. Screening and selection procedures may include considering each candidate's: 1. Specialized experience, capabilities and technical competence, which the candidate may demonstrate with the candidate's proposed approach and methodology to meet the project requirements; 2. Resources committed to perform the work and the proportion of the time that the candidate's staff would spend on the project, including time for specialized services, within the applicable time limits; 3. Record of past performance, including but not limited to price and cost data from previous projects, quality of work, ability to meet schedules, cost control and contract administration; 4. Ownership status and employment practices regarding minority, women and emerging small businesses or historically underutilized businesses; 5. Availability to the project locale; 6. Familiarity with the project locale; and 7. Proposed project management techniques. a) If the screening and selection procedures a Department creates under subsection A.4.a) result in the Department's determination that two or more candidates are equally qualified, the Department may select a candidate through any process the Department adopts that is not based on the candidate's pricing policies, proposals or other pricing information. b) The Department and the selected candidate shall mutually discuss and refine the scope of services for the project and shall negotiate conditions, including but not limited to compensation level and performance schedule, based on the scope of services. The compensation level paid must be reasonable and fair to the Department as determined solely by the Department. c) If the Department and the selected candidate are unable for any reason to negotiate a contract at a compensation level that is reasonable and fair to the Department, the Department shall, either orally or in writing, formally terminate negotiations with the selected candidate. The Department may then negotiate with the next most qualified candidate. The negotiation process may continue in this manner through successive candidates until an agreement is reached or the Department terminates the consultant contracting process. 2.1.1 Proposal Evaluation City will review proposals for conformance with the "Pass / Fail" and "REQUIRED" criteria identified in Sections 1.4 and 1.5. Proposals meeting all Pass / Fail criteria will be forwarded to an evaluation committee that will independently review, score and rank proposals according to the scoring criteria set forth in Section 2.2. The outcome of the evaluation process may, at the City's sole discretion result in: a) Notice to proposers of selection or rejection for contract negotiations and possible award; b) Further steps to gather additional information for evaluation (e.g. checking references, notice of placement on an interview list, requesting clarification); or c) Cancellation of the RFP and either reissuance of the RFP in the same or a revised form or no further action by the City with respect to the RFP. G:\pub-wrks\eng\14-09 Downtown Beauty\RFP's Downtown Beauty\RFP Pioneer Parking Lot\14-09 RFP Pioneer Parking Lot (1).doc 12 i City may reject any or all proposals and may cancel this RFP at anytime if doing either would be in the public interest as determined by the City. City is not liable for any costs a proposer incurs while preparing or presenting the proposal or during further evaluation stages. All proposals will become part of the public record file without obligation to the City of Ashland. 2.1.2 Interviews / Follow-up Ouestions A process of interviews and/or follow-up questions may be conducted and scored at the discretion of the City. If an interview/follow-up process is conducted; the following will apply: • The City may, at its discretion, conduct an interview/follow-up process with those proposers it considers to be possibly best qualified to perform the potential Scope of Services. The City may conduct more than one interview. The number of proposers selected for the interview/follow-up process is at the discretion of the City. o Interviews will require physical attendance at City's offices. All sub-consultants requested by the City must also attend the interview(s) o Follow-up questions (if developed) will typically be sent via email to proposer(s). Written answers to any follow up questions must be returned within 14calendar days of date of mailing. An e-mail confirmation of receipt of any follow-up questions shall be sent by the consultant to the City's Project Manager. • A minimum of three (3) evaluators will score the interviews/follow-up questions. • The interviews/follow-up questions will have a maximum score often (10) points per evaluator. • An additional three (3) points will be awarded to the No. 1 ranked proposer based upon the evaluation of the initially submitted RFD's. An additional two (2) points will be awarded to the proposer ranked No. 2; unless the point spread between the No. 1 and No. 2 ranked proposers is greater than ten (10) points. In this case; no additional points will be given to the No. 2 proposer. No additional points will be awarded to proposers ranked below No. 2 and chosen to be part of the interview/follow-up process. 2.1.3 References City does not intend to score references, but may contact references (by phone, email or fax) to verify information provided in proposals. 2.1.4 Clarifications City may require any clarification it needs to understand a proposer's proposal. Any necessary clarifications or modifications which are in the best interest of City may be made before the proposer is awarded a contract and some or all of the clarifications or modifications may become part of the final contract. Clarifications may not be used to rehabilitate a non-responsive proposal. 2.1.5 Non-resident Proposer In determining the most responsive proposer, City shall, for the purpose of awarding the contract, add a percent increase to the score of a non-resident proposer equal to the percent, if any of the preference given to the score in the state in which the proposer resides. "Resident proposer" of Oregon means a proposer that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the proposal, has a business address in this state and has stated in the proposal that the proposer is a "resident proposer" of the State of Oregon. The undersigned represents him/her self in this proposal to be either a Resident or a Nonresident proposer by completing the appropriate blank below. • The proposer is or is not a resident proposer as defined in ORS 2'19A.120 G:1pub-wrksleng114-09 Downtown Beauty\RFP's Downtown BeautylRFP Pioneer Parking Lot114-09 RFP Pioneer Parking Lot (1).doc 13 2.2 SCORING CRITERIA Scoring will be based upon the following described categories. The proposer must describe how each of the requirements specified in this RFP are met. Responses must be clear and concise. 2.2.1 Demonstrate Technical Competence Maximum Score 15 points Demonstrate a clear and concise understanding of the scope of services being requested in this RFP and summarize the approach and methodology proposed to meet the project requirements. 2.2.2 Proposer's Specialized Experience and Capabilities Maximum Score 30 points Demonstrate capability to complete the requested services. Response must include: (15 points) Describe the experience and qualifications of proposed staff and project manager(s), (whether they are from the prime or a sub-consultant). Include descriptions of similar projects, project outcomes and customer feedback received (if any). (7.5 Points) Describe how you would provide the most technically advanced specialized technical services readily for aspects of the project which call for specialized experience. (7.5 points) Describe any specialties or unique strengths that relate to the services requested in this RFP. 2.2.3 Resources Committed and Past Performance Maximum Score 25 points Demonstrate proposer's resources available to be allocated for the proposed scope of services. • (10 points) Describe the extent of involvement of consultant's Principal(s). • (15 points) Provide a breakdown of recently completed, related projects including: proposed landscape architectural services cost for listed projects, associated construction cost and change orders cost if any for listed projects. 2.2.4 Project Management Tech nidues Maximum Score 15 points • (7.5 points) Describe the lead manager's process for ensuring completion on schedule and within the allocated budget. Describe your process for coordinating the work of consultants and agency staff. In addition, describe your approach for minimizing errors and omissions during the Construction Documents and Construction Administration (CA) phases. How does the landscape architectural firm compensate the owner for design ciTors/omissions uncovered after commencing construction? • (7.5 points)Describe the quality control methods to be employed by the Design Team during construction to ensure a facility that meets the design intent. Indicate the roles of identified key personnel during the CA phase. Describe your system for managing construction change issues during CA. 2.2.5 Cost of Services Maximum Score 15 points In an attached scaled envelope, provide a summary of proposed costs including: • Proposed project budget • Professional, technical, draftsperson, other professional / sub-professional rate(s); • Direct non-labor costs that might be applicable; GApub-wrks\eng\14-09 Downtown Beauty\RFP's Downtown Beauty\RFP Pioneer Parking Lot\14-09 RFP Pioneer Parking Lot (1).doc 14 Criteria - max. Score 2.2.1. Demonstrated Technical Competence 15 2.2.2 Specialized Experience & Capabilities 30 2.2.3 Resources Committed to Perform the Work 25 2.2.5 Project Management Techniques 15 2.26 Cost of Services 15 TOTAL 100 Points 2.3 AWARD PROCESS 2.3.1 Negotiations Following the evaluation process, The City will begin contract negotiations with the highest ranked Proposer. The matters subject to negotiation shall be limited to the following: 1. Comprehensive Scope of Services and Statement of Work; 2. The proposer's personnel committed to the Project: Changes in staff assigned to the project in original proposal will require City approval; (may result in rejection) 3. Project Schedule; 4. Professional fees, including reimbursable expenses; 5. Agreement to contract terms. 2.3.2 Action upon Failure to Execute Contract In the event that a contract cannot be negotiated with the highest ranked proposer, :negotiations will be permanently discontinued, and the City will start contract negotiations with the next highest ranked proposer. Nothing in this RFP shall restrict or prohibit the City from canceling the solicitation at any time. 2.3.3 Notice of Intent to Award Based on successful negotiations with the highest ranked proposer, the City will issue a Notice of Intent to Award a contract. 2.3.1 Evaluation Record A record will be made of all criteria evaluation ratings and all other grounds upon which selection of the proposer is made, The final evaluation record will be available upon written request. 2.3.5 Right to Protest An adversely affected or aggrieved Responsive proposer must exhaust all avenues of admin- istrative review and relief before seeking judicial review of the City's selection or Contract award decision. 1. Protest of Proposal Specifications: A proposer who believes the proposal scope of work or specifications are unnecessarily restrictive or limit competition may submit a protest, in writing, to the Project Manager. To be considered, protests must be received at GApub-wrks\eng\14-09 Downtown Beauty\RFP's Downtown Beauty\RFP Pioneer Parking LoW4-09 RFP Pioneer Parking Lot (1).doc 15 least five (5) days before the proposal closing date. Envelopes containing protests should be marked as follows: Proposal Specification Protest Proposal Title Closing Date and Time 2. Protest of Award: The award by the City shall constitute a final decision of the City to award the contract if no written protest of the award is filed with the City within seven (7) calendar days of the Notice of Intent to Award. The written protest shall specify the grounds upon which the protest is based. In order to be an adversely affected proposer with a right to submit a written protest, a proposer must be next in line for award. The City will not entertain a protest submitted after the time period established in this rule. 2.3.5 Award The City Council will consider award of the contract based on the Project Manager's recommendation and will authorize the Manager to execute a contract. The contract will be awarded to the proposer who, in the opinion of the City, is the most qualified and meets all required specifications. The City may reject any proposals not in compliance with all prescribed public procurement procedures and requirements and may reject for good cause, any and all proposals upon a finding by the City that it is in the public interest to do so. The City also reserves the right to waive any informality in any proposal and to delete certain items listed in the proposal as set forth herein. SECTION 3.0 - SCOPE OF SERVICES 3.1 GENERAL REQUIREMENTS 3.1.1 Personnel Materials & Equipment: The Consultant must provide qualified and competent personnel and shall furnish all supplies, equipment, tools and incidentals required to accomplish the work. All materials and supplies shall be of good quality and suitable for the assigned work. 3.1.2 Safety Equipment: The Consultant shall provide and use all safety equipment including, but not limited to hard hats, safety vests and clothing required by State and. Federal regulations and Department policies and procedures. 3.1.3 Professional Responsibilities: The Consultant must perform the work using the standards of care, skill and diligence normally provided by a professional in the performance of such services in respect to similar work, and must comply with all applicable codes and standards. Complete and accurate design is the sole responsibility of the consultant. Consultant must verify any information it acquires and utilizes in its design. Consultant is not entitled to rely on the accuracy and completeness of information provided by Owner, Owner's consultants and contractors, and information from public records. Any drawings and specifications provided will be developed with appropriate input from City staff. However, the City asstunes no responsibility in performing QA/QC of the Consultant's scope of services including, but not limited to, the preparation of construction drawings and specifications. In addition to design, construction plans must include traffic control plans as well as erosion controls plans and provisions meeting all governmental agency requirements having jurisdiction over this project. G:\pub-wrks\eng\14-09 Downtown Beauty\RFP's Downtown Beauty\RFP Pioneer Parking Lot\14-09 RFP Pioneer Parking Lot (1).doc 16 ment: 3.1.4-Project Management: The Consultant and the City staff will meet as required during project duration. The objectives of the meeting will include reviewing the scope, budget, schedule and deliverables. The Consultant will be responsible to: 1. Organize and manage consultant project team and coordinate with city project manager and City staff. 2. Prepare monthly invoices and progress reports including the following: • Work Completed during the Month by work task as a percentage of completion. • Needs for Additional Information, Reviews, or Changes to the Scope of Work. • Scope, Schedule, and Budget Issues and Changes. G:\pub-wrks\eng\14-09 Downtown Beauty\RFP's Downtown Beauty\RFP Pioneer Parking Lot\14-09 RFP Pioneer Parking Lot (1).doc 17 Appendix A Contract for PERSONAL SERVICES less than $35,000 C I T Y OF CONSULTANT: ASHLAND CONTACT. 20 East Main Street Ashland, Oregon 97520 ADDRESS: Telephone: 541/488-6002 Fax: 5411488-5311 TELEPHONE: DATE AGREEMENT PREPARED: FAX: BEGINNING DATE: COMPLETION DATE: COMPENSATION: SERVICES TO BE PROVIDED: ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Persona( Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said rima Ci of Ashland Contract. FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings 1 Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments wilt be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: if the amount of this contract is $20,142.20 or more, Consultant is required to 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 service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: Contract for Personal Services, Revised 0710812014, Page 1 of 5 a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. G. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by. this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. 1. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties, Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. f=urther, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017; which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, 1 000 000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one., $200,000, $500,000, $1,000.00 0, or Not Applicable for each accident for Bodily Injury and Property Damage; including coverage for owned, hired or non-owned vehicles, as applicable. Contract for Personal Services, Revised 07/08/2014, Page 2 of 5 e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the-Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, 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 by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. 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. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS..READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant 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 Consultant, with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated b reference. Consultant: City of Ashland By By Signature Department Head Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Personal Services, Revised 07/0812014, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 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, (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) 1 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) 1 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) Contract for Personal Services, Revised 07/08/2014, Page 4 of 5 CITY • + 1 OREGON EXHIBIT B City Ashland LIVING WAGE per hour effective June 30, 2014 (Increases annually every June 30 by the Im® Consumer Pace Index) - - . - • , portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee, ➢ For all hours worked under a business from the City of service contract Between their Ashland in excess of ➢ Note: "Employee" does not employer and the City of $20,142.20, include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,142.20 or more. ➢ If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period, For more ➢ For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland 50% or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. C I T Y OF ASHLAND Contract for Personal Services, Revised 07/08/2014, Page 5 of 5 Appendix B 1 F- ( m_ -40 JO I-F r 'tom---• ~ ~L'"~ g ~ ~ T.i sj t= -1 -'S 8-32NOW ss . i i i i X11 ' y A p~~ 1 ~ 1 t ni ~~LI ~ 1, ~ 4 REQUEST FOR PROPOSALS Winburn Way Planter and Pioneer St. Triangle Hardscape & Landscape Improvements PROJECT NO: 2014-09 PROJECT TYPE: Professional Landscape Architectural Services PROPOSAL OPENING DATE: 2:00 PM, November 201 2014 CITY PROJECT MANAGER Scott A. Fleury CONTRACT DURATION 12 months ~r CITY OF -ASHLAND PUBLIC WORKS ENGINEERING 20 E. MAIN STREET ASHLAND OR 97520 541/488-5347 G:1pub-wrksleng194-09 Downtown BeautylRFP's Downtown BeautylRFP Winburn_Pioneer Triangle114-09 RFP Winburn_Pioneer Triangle (2).doc TABLE OF CONTENTS - - Table of Contents 1 Advertisement 3 Section 1 Request for Proposals_.....-....__..___.__...._._......_....._......--------.--.__.--._...----.__...._._...____....-----.---...._..._.._......_..__...-_---........__._..........._._. .._._.._4_._ 1 1 Solicitation Information and Requirements 4 1.1.1 Overview 4 . - _ 4 Background . Definitions 4 1, 1.4 Contract Form 5 _ Contract Duration 5 - Contract Payment 5 - - _ . DBE Participation 5 _ Ashland Living Wage Requirement 1 .1.5 Business License Requirements 6 1 _1 6 Insurance Recluir_ements 6 1.2 Questions and Clarifications 6 _ 1.2.1 Proposer Questions 6 - 1.3 Protests 7 _ 1.3.1 Award Protest Requirements 7 . _ _ . - 1.3.2 Specification Protest Process 7 1.3.3 Costs and Damages 8 1.4 Pass/Fail Proposal Submission Requirements _ 8 1.4.1 Proposal Submission Deadline 8 - - 1.4.2 Terms and Conditions 8 1.4.3 Proprietary Information 8 1 4.4 Laws and Regulations 9 1.5 Required Proposal Submission Items 9 - - - - - 1.5.1 Cover Sheet 9 1.5.2 Page Length Limitation 10 1.5.3 Quantity of Pro - posals_ 10 . - - - 1.5.4 Minimum Proposal Contents 10 ! Section 2 - Evaluation Process and Consultant Selection 11 - - - - 2.1 Evaluation Process ll . _ 2,1 _1 Proposal Evaluation 12 2 .1.2 Interviews /Follow up Questions 12 2.1.3 References 12 - 2.1.4 Clarifications 12 - - 2 1 5 Non-Resident Proposer 13 2.2 Scoring Criteria 13 2.2.1 Technical Competence _ 13 _ . - - - 2.2.2 Specialized Experience and Capabilities 13 _ - - 2.2.3 Resources and Past Performance 13 - _ _ 2.2.4 -Project Management Techniques _ 14 2.2.5 Cost of Services 14 2.3 Award Process 15 - - - 2.3.1 Negotiations 15 - - - 23.2 Failure to Execute Contract 15 2.3.3 Notice of Intent to Award 15 - _ . _ 2.3.4 Evaluation Record 15 2.3.5 Right to Protest 15 2.3.6 Award 16 G:1pub-wrks\eng\14-09 Downtown Beau)ARFP's Downtown Beauty\RFP Winburn-Pioneer Triangle\14-09 RFP Winburn_Pioneer Triangle (2).doc 1 i I Section 3 - Scope of Services 16 3.1 General Requirements_ 16 - - _3 1.1 Personnel Materials and Equipment, Safety_EcluiPment, Professional Duties 16 3 1 2 Safety Equipment 16 . _ . _ - 3.1.3 Professional Responsibilities 16 .._-._F _3.1.4 Project Management 16 Appendix A: Contract Form Including Exhibit A, Form W-9 and City Of Ashland Living Wage Appendix B: Project Site Overview Maps and Photographs G:\pub-wrks\eng114-09 Downtown Beauty\RFP's Downtown Beauty\RFP Winburn_PioneerTriangle\14-09 RFP Winburn_Pioneer Triangle (2).doc 2 ADVERTISEMENT CITY OF ASHLAND PUBLIC WORKS - REQUEST FOR PROPOSAL PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES The City of Ashland is requesting proposals for professional landscape architectural services for the design and construction documentation of two projects. Winburn Way/N. Main Planter and Lithia Way/Pioneer St. triangle. Reference exhibit B for site map locations and photographs. The project will include but is not limited to the following activities: • Development comprehensive project scope. • Design of functional landscape and hardscape improvements. • Attend public meetings with the Tree Commission and City Council • Preparation of appropriate construction documents • Facilitate as necessary Pre-Bid, Pre-Construction, and Construction Progress meetings and provide meeting minutes as necessary • Provide technical assistance during bidding and construction • Provide Construction Management and Inspection Services as necessary Proposals must be physically received by 2:00 PM, November 20, 2014, in the City of Ashland Engineering Office located at 51 Winburn Way, Ashland OR 97520 or by mail at 20 E. Main Street, Ashland, OR 97520. For further information, contact Scott A. Fleury, Engineering Services Manager at 541/552-2414, or by email at fleurys@ashland.or.us. Consultant selection is anticipated to result in the issuance of a contract for landscape architectural services in the form provided in this RFP, for a duration anticipated to be no more than 12 months. Proposal documents are available at the above address, as well as the City of Ashland website at www.ashland.or.us. Any addenda may be downloaded or picked up at Community Development, 51 Winburn Way, Ashland, Oregon. The bidder must check the website frequently until closing for any addenda that may be issued. All submittals by the proposer must be in hard copy form. Proposals are limited to four (4) pages. The proposer must be registered as a Professional Engineer with the State of Oregon. Consultant selection will be based upon weighted criteria as cited in the Request for Proposal document. Standard selection criteria include, but are not limited to: experience, availability, schedule, and response time. The City of Ashland reserves the right to reject any and all proposals, to waive formalities or to accept any proposal which appears to serve the best interest of the City of Ashland. Dave Kanner, City Administrator G:1pub-wrksleng114-09 Downtown Beauty\RFP's Downtown Beauty\RFP Winburn_Pioneer Triangle114-09 RFP Winburn_Pioneer Triangle (2).doc 3 CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS REQUEST FOR PROPOSAL WINBURN WAY/N. MAIN PLANTER LITHIA WAY/PIONEER ST. TRIANGLE SECTION 1- REQUEST FOR PROPOSALS 1.1: SOLICITATION INFORMATION AND REQUIREMENTS 1.1.1 Overview The City of Ashland is looking for professional landscape architectural services to provide plans, specifications and estimates (PS&E) along with construction documentation for two landscape and hardscape improvements within the City of Ashland downtown corridor. The City of Ashland receives a transient occupancy tax that is allowed to be used on capital improvement projects for tourism-related facilities or intended to support tourism-related activities. Specific capital projects within the downtown corridor of Ashland have been identified for improvement. The two projects identified within this RIiP are priority improvement projects for the Ashland City Council. 1. 1.2 Background In March of 2014, The City of Ashland Council approved formation of a Downtown Beautification Committee to analyze and recommend specific projects within the downtown corridor for improvement. Over ten meetings the Committee discussed improvement projects, solicited public input and made a final recommendation to Council for priority projects to proceed forward with based on available funding and preliminary cost estimates. The priority project list was approved by the City Council on September 2, 2014. Projects are expected to be designed and constructed by summer of 2015. Winburn Way/N. Main Planter Project Goals: Remove the multi-angled seat wall and replace with a single straight wall and add appropriate irrigation and plants to the planter. Strict care should be taken to protect existing cedar tree and maintain pedestrian flow while allowing for appropriate seating. Also to be incorporated into the final design is the City's plan to relocated the existing curb line and ramp to provide a safer pedestrian crossing. Existing pedestrian light to be relocated to approved area near new curb line. City to provide selected consultant with topographic survey data of planter area for use in design. Tree Coninrission will be consulted for final plant material selections. Lithia Way/Pioneer St. Triangle Project Goals: This odd shaped piece of City owned property has a number of issues including raised sidewalks due to tree roots, ADA access concerns, irrigation challenges and awkward elevation changes along with a mixture of materials, The project calls for creating a cohesive look with the existing public art piece by standardizing materials. Additional concrete work outside of project area is to be expected and incorporated into final design. City to provide selected consultant with topographic survey data of area for GApub-wrks\eng\14-09 Downtown Beauty\RFP's Downtown Beauty\RFP Winburn_PioneerTriangle\14-09 RPP Winburn_Pioneer Triangle (2).doc 4 use in design along with previously developed cost estimates and scoping. Tice Commission will be consulted for final plant material selections. 1.1.3 Definitions For the purposes of this RFP: "Calendar days" means any day appearing on the calendar, whether a weekday, weekend day, national holiday, State holiday or other day; "Days" means calendar days; "Business days" means calendar days, excluding Saturdays, Sundays and all City recognized holidays. "Agency" or "City" means City of Ashland "Council" means City of Ashland City Council "Manager" means Project Manager "Owner" means City of Ashland "Proposers" means all films submitting proposals are referred to as proposers in this document; after negotiations, an awarded proposer will be designated as "consultant". "RFP" means Request for Proposal. "Scope of Work" means the general character and range of services and supplies required to perform the work's put-pose and objectives, and an overview of the performance outcomes expected by Agency. "Services" means the services to be performed under the Contract. "Statement of Work" means the specific provision in the final Contract which sets forth and defines in detail (within the identified Scope of Work) the agreed-upon objectives, expectations, performance standards, services, deliverables, schedule for delivery and other obligations. 1. 1.4 Contract Form The consultant selected by City will be expected to enter into a written contract in the form attached to this RFP as Appendix A. The proposal should indicate acceptance of City's contract provisions. Suggested reasonable alternatives that do not substantially impair City's rights under the contract may be submitted as outlined under Section 1.4.2. Unconditional refusal to accept the contract provisions will result in proposal rejection. Contract Duration - the anticipated duration of the contract is 12 months. Contract Payment - Contingent upon City's need, consultant's performance and the availability of approved funding, City reserves the right to amend the contract (within the scope of the project described in this RFP) for additional tasks, project phases and compensation as necessary to complete a particular project. Proposers are advised that the award and potential dollar amount of the contract under this RFP will be contingent upon approval by the Ashland City Council acting as the Contract Review Board. Payment will be made for completion of, or acceptable monthly progress on, tasks and deliverables in conformance with contract requirements and all applicable standards. The method of compensation will be determined by the City and may be based upon any one or combination of the following methods: • Cost plus fixed-fee, up to a maximum NTE amount • Fixed price for all services, Fixed price per deliverable, Fixed price per milestone • Time and materials, up to a maximum NTE amount (City preferred method) • Price per unit G-.\pub-wrksleng194-09 Downtown Beauty\RFP's Downtown BeautylRFP Winburn_PioneerTriangMl4-09 RFP Winburn_Pioneer Triangle (2).doc 5 DBE Participation - The utilization of federal funds is not anticipated in this contract, and no DBE participation goals will be assigned. Ashland Living Wage Requirements - Consultant's employees must be paid at least the living wage as established by the City of Ashland on June 30, 2014 (14.42 per hour): • For all hours worked under a service contract between their employer and the City if the contract exceeds $19,825 or more. • For all hours worked in a month if the employee spends 50% or more of the employee's time in that month working on a project or portion of business of their employer, if the employer has ten or more employees and has received financial assistance for the project or business from the City in excess of $19,825. In calculating the living wage for full time employees, employers may add the value of health care, retirement, 401K and IRS eligible cafeteria plans, and other benefits to the employees' wages. The City of Ashland Living Wage Statement is appended to the sample contract included in the appendix. 1.1.5 Business License Required The selected consultant must have or acquire a current City of Ashland business license prior to conducting any work under this contract. 1.1.6 Insurance Requirements Contractor shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers. b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. c. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 for each occurrence for bodily injury and property damage. It shall include contractual liability coverage for the indemnity provided under this contract. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 for each accident for bodily injury and property damage, including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of Cancellation or Change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the contractor or its insurer(s) to the City. Additional Insured/Certificates of Insurance Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as additional insurers on any insurance policies required herein but only with respect to contractor's services to be provided under this contract. As evidence of the insurance coverage required by this contract, the contractor must furnish acceptable insurance certificates prior to commencing work under this contract. The certificate must specify all of the parties who are additional insurers. The consultant's insurance must be primary and non-contributory. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of GApub-wrksleng114-09 Downtown Beauty\RFP's Downtown Beauty\RFP Winbum_PioneerTriangle114-09 RFP Winburn_Pioneer Triangle (2).doe 6 insurance policies; 'trust agreements, etc. must be provided to the City. The contractor must pay for all pertinent deductibles, self-insured retentions and/or self-insurance. 1.2 QUESTIONS AND CLARIFICATIONS 1.2.1 Proposer Questions All inquires, whether relating to the RFP process, administration, deadline or award, or to the intent or technical aspects of the services must be submitted in writing to the City's Project Manager listed in the advertisement for this proposal, at 20 East Main Street, Ashland Oregon 97520. All questions must be received not later than ten (10) calendar days prior to the proposal submission deadline. Answers to questions received by City, which are deemed by City to be substantive, will be issued as official addenda to this RFP to ensure that all proposers base their proposals on the same information. When appropriate, as determined by City in its sole discretions, revisions, substitutions or clarification of the RFP or attached terins and conditions, an official addendum to this RFP will be issued. The addenda may be downloaded or picked up at Community Development, 51 Winburn Way, Ashland, Oregon. The bidder must check the website frequently until closing. Proposer shall indicate receipt of all issued addenda by attaching a copy of each addendum to the proposal. Any addenda will not be included in the total maximum page limit. Any addendum issued by the City seventy-two (72) hours or more before the scheduled closing time for submission of proposals, Saturday, Sunday and legal holidays not included, shall be binding proposers. Failure of any proposer to receive or obtain such addenda shall not excuse it from compliance therewith if it is awarded the contract. 1.3 PROTESTS 1.3.1 Award Protest Requirements Every proposer submitting a proposal shall be notified of its selection status. Any proposer who claims to have been adversely affected or aggrieved by the selection, or any proposer who contends that the provisions of the RFP or any aspect of the procurement process has promoted favoritism in the award of the contract or has substantially diminished competition, must file a written protest to the RFP within seven (7) calendar days after the date of the selection notice. Failure to file a protest will be deemed a waiver of any claim by an offeror that the procurement process violates any provision of ORS Chapter 279, the City of Ashland Local Contract Review Board Rules or the City's procedures for screening and selection of persons to perform personal services. 1.3.2 Specification Protest Process Delivery: A proposer must deliver a protest of specifications to the City in writing no later than seven (7) calendar days prior to the proposal due date as follows: Specification Protest Proposal#: 2014-09 Downtown Beautification City of Ashland Public Works Department ATTN: Engineering Services Manager 20 East Main Street Ashland, OR 97520 Content: A proposer's written protest must include: • A detailed statement of the legal and factual grounds for the protest; • description of the resulting prejudice to the proposer; and G:\pub-wrks\eng\14-09 Downtown Beauty\RFP's Downtown Beauty\RFP Winburn_Pioneer Triangle\14-09 RFP Winburn_PloneerTriangle (2).doc 7 • A statement of the form of relief requested or any proposed changes to the specifications. City Response: The City may reject without consideration a proposer's protest after the deadline established for submitting protest. The City shall provide notice to the applicable proposer if it entirely rejects a protest. If the City agrees with the proposer's protest, in whole or in part, the City shall either issue an addendum reflecting its determination or cancel the solicitation. Extension of Closing: If the City receives a written protest from a proposer in accordance with this rule, the City may extend closing if the City determines an extension is necessary to consider the protest and to issue addenda, if any, to the solicitation document. Judicial review of the City's decision relating to a specification protest shall be in accordance with ORS 279B.405. 1.3.3 Costs and Damages All costs of a protest shall be the responsibility of the protestor and undertaken at the protestor's expense. City shall not be liable for the proposer's damages or costs for filing the protest or to any participant in the protest, on any basis, express or implied. 1.4 "PASS / FAIL" PROPOSAL SUBMISSION REQUIREMENTS Each proposal must comply with the following Pass / Fail criteria. Proposals not meeting ALL Pass /Fail criteria shall be rejected. 1.4.1 Proposal Submission Deadline (Pass / Fail) Proposals must be received by the submission deadline as indicated in this RFP and at the address specified. City will not accept proposals submitted by facsimile or electronic mail, nor will it accept proposals submitted after the proposal submission deadline. City is not responsible for and will not accept late or mis-delivered proposals. 1.4.2 Terms and Conditions (Pass / Fail) Unless an official addendum has modified or reserved the right to negotiate any terms contained in the contract or exhibits thereto, City will not negotiate any term or condition after the protest deadline, except the statement of work, pricing and calendar with the selected proposer. By proposal submission, the selected proposer agrees to be bound by the terms and conditions set forth in this RFP and as they may have been modified or reserved by City for negotiation. Any proposal that is conditioned upon City's acceptance of any other terms and conditions or rights to negotiate will be rejected. 1.4.3 Proprietary Information The City is subject to the Oregon Public Records Law (ORS 192.410 to 192.505), which requires the City to disclose all records generated or received in the transaction of City business, except as expressly exempted in ORS 192.501, 192.502, or other applicable law. Examples of exemptions that could be relevant include trade secrets (ORS 192.501 (2)) and computer programs (ORS 192.501(15)). The City will not disclose records submitted by a proposer that are exempt from disclosure under the Public Records Law, subject to the following procedures and limitations. The RFP in its entirety cannot be marked confidential, nor, shall any pricing be marked confidential. Each page containing the records exempt from disclosure shall be marked "confidential" and segregated in the following manner: G:\pub-wrks\eng\14-09 Downtown Beauty\RFP's Downtown Beauty\RFP Winburn_Pioneer Triangle\14-09 RFP Winburn_PioneerTriangle (2).doc 8 • It shall be clearly marked in bulk and on each page of the confidential document. • It shall be kept separate from the other RFP documents in a separate envelope or package for confidential documents. • Where this specification conflicts with other formatting and response instruction specifications, this specification shall prevail • If such conflict occurs, the proposer is instructed to insert the following statement where the requested information that is deemed confidential was to have been placed: "Refer to confidential information enclosed." Proposers who desire that additional information be treated as confidential must mark those pages as "confidential" and cite a specific statutory basis for the exemption and the reasons why the public interest would be served by the confidentiality. Should a proposal be submitted as described in this section, no portion of it can be held as confidential unless that portion is segregated as described above. Notwithstanding the above procedures, the City reserves the right to disclose information that the City, in its sole discretion determines to be not exempt from disclosure or that the City is directed to disclose by the City Attorney, the District Attorney or a court of competent jurisdiction. Prior to disclosing such information, the City will notify the proposer. If the proposer disagrees with the City's decision, the City may, but is not required to, enter into an agreement not to disclose the information so long as the proposer bears the entire cost, including reasonable attorney's fees, of any legal action, including any alternative dispute resolution and appeals, necessary to defend or support a no-disclosure decision. 1.4.4 Laws and Regulations The proposer is assumed to be familiar with all Federal, State, County or City laws or regulations, which in any manner affect those engaged or employed in the work or the materials or equipment used or which in any way affect the conduct of the work, and no pleas of misunderstanding will be considered on account of ignorance thereof. If the proposer shall discover any provision in these specifications or project information, plans or contract documents which is contrary to or inconsistent with any law or regulations, they shall report it to the City of Ashland in writing. All work performed by the contractor shall be in compliance with all Federal, State, County and local laws, regulations and ordinances. Unless otherwise specified, the contractor shall be responsible for applying for applicable permits and licenses. 1.5 REQUIRED" PROPOSAL SUBMISSION ITEMS AND SCORING DEDUCTIONS Any items in this Section 1.5 marked as REQUIRED that are incomplete or are not submitted with the proposal will receive a three (3) point scoring deduction for each item and must be submitted within two (2) business days of request by City. Failure to deliver properly completed "REQUIRED" items within two (2) business days of request by City will result in proposal rejection. Proposals must follow/match the numbering outline as shown in the Scoring Criteria; Section 2.2 of this RFP. Each bullet point under each section of the Scoring Criteria must be answered clearly and specifically. A 2- oint scoring deduction will be applied in each instance where this G:\pub-wrks\eng\14-09 Downtown Beauty\RFP's Downtown Beauty\RFP Winburn_Pioneer Triangle\14-09 RFP Winburn_Pioneer Triangle (2).doc 9 requirement is not met. Or, the City may, at its sole discretion, re'ect any proposal which does notfollowlmatch the Scoring Criteria numbering as presented in this RFP or which does not answer clearly and specifically each bullet point under each criteria. 1.5.1 Cover Sheet (Required) The proposal must include a completed cover sheet signed by a duly authorized representative empowered to bind the proposer (at least one original signature). The cover sheet shall state the project title, the legal name of the proposer, legal status federal tax ID number, mailing address ~ g > primary contact person for this proposal with email address, telephone number, fax number and the name of the person authorized to sign a contract. Include an original signature, printed name and title and date. 1.5.2 Page Length Limitation (Required) The proposal must not exceed four (4) pages, excluding cover sheet, any tabs or indexes and references, and any issued addendum. Failure to include any issued addendum within the RFP shall result in a three point scoring reduction. If a proposer submits a proposal exceeding this limit, City will consider the pages up to that allowable number and discard all subsequent pages. One page is defined as: one side of a single S '/z" x 11" page with single spacing, 12 pt, font and 1" margins. Any page over this size will be counted as two (2) pages. Any page or partial page with substantive text, tables, graphics, charts, etc. will be counted as one page. There is no scoring deduction for exceeding the proposal page limitation; however, extra pages will be discarded and will not be considered in the evaluation. 1.5.3 Quantity of Proposals Re uired) Proposers must submit six (6) complete copies of the proposal and one electronic copy in Adobe Acrobat (PDF) in the sequential order of the proposal with a separate envelope or package for any proprietary information. 1.5.4 Minimum Proposal Contents A. Project Narrative: The narrative must include a description of the consultant's understanding of the project objectives. B. Project Phasing: The project will be structured in four phases, with each phase having its own deliverables, final acceptance, and independent not-to-exceed cost. 1. Pre-design Evaluation and Scoping 2. Design Development, Construction Documents 3. Bid Support Services 4. Construction Support Services C. Preliminary Work Breakdown and Schedule: The Consultant shall prepare a preliminary project work breakdown and schedule that anticipates all services required to complete the project before June 30, 2015. The Proposal must include a graphic Gant-chart style schedule of major work tasks with project milestones and estimate of time required to complete each task. 1. Develop final project scope for the landscape/hardscape projects in conjunction with City staff input. 2. Develop final design of projects for approval by the City Council. 3. Attend design development meetings with City staff team. 4. Attend up to two Tree Commission meetings and two City Council meetings during the design phase. (City Council meets the first and third Tuesday of each month. Tree Commission meets the first Thursday of the month). G:1pub-wrkskeng114-09 Downtown Beauty\RFP's Downtown Beauty\RFP Winburn_Pioneer Triangle114-09 RFP Winburn_Pioneer Triangle (2).doc 10 5. Prepare complete bid documents (specs, bid quantities, etc.) and assist City in the bidding of the project. (Existing City templates may be used). 6. Facilitate Pre-Bid Conference, Pre-Construction Conference and Construction Progress meetings. Provide agendas and detailed written minutes for all significant meetings. 7. Provide technical assistance during bidding and construction including Requests for Information and the review/approval of Submittals. 8. Provide Construction Management services including project inspection. D. The Preliminary Statement of Work (SW):The Preliminary Statement of Work must outline phases of work and the relationship of the proposed tasks to meet the objectives of the project. It must include proposed methods of investigation, analysis, and design as appropriate. Key elements must include: 1. An expanded outline of all work tasks 2. Detailed work schedule for each major task, including time fiames and durations of each task. 3. List of all proposed sub-consultants, including their planned scope of work, key project staff and references (contact names, phone numbers, and email addresses). 4. Description organized by task of City's anticipated role to assist in the development of the plan. Include specific deliverables needed from the City. E. After the winning proposal has been selected, the preliminary work breakdown and schedule for services will be used to negotiate and prepare the final budget and scope of services that will be submitted as the Statement of Work attached to the City's standard contract for Professional Services. Invoices requesting payment must be prepared and sent to the City monthly. Payment will be made as a percentage of completion of each task. The City's fiscal year ends on June 30th, and all work completed up to that date must be billed no later than July 5th. It is of particular importance that work or services rendered are paid out of the budget for the same fiscal year in which the services are budgeted and the service is rendered by the City. Therefore, costs associated with contractors' or subcontractors' work or services rendered under the direction or direct or indirect control of the proposer are also subject to the invoicing requirement listed above by June 30th of each year. By April 15th the proposer must submit an estimate of anticipated billin sg ub to June 30th of that year. The proposer should assume that there will be no opportunities to increase the total cost of the sum of all work tasks, but that costs may be shifted from one task to another after tasks are completed. The City's budgeting process does not provide a means to readily change the total project budget, and proposers must assume that increases in the project budget will not be available after the Statement of Work has been accepted. Proposers are responsible to ensure that every effort is made to anticipate potential additional costs after project initiation. SECTION 2.0 - EVALUATION PROCESS AND CONSULTANT SELECTION 2.1 EVALUATION PROCESS The City shall select consultants assprovided in ORS 279C.I 10 to provide services on the basis of the consultant's qualifications for the type of professional service required. G:\pub-wrks\eng\14-09 Downtown Beauty\RFP's Downtown Beauty\RFP Winburn_Pioneer Triangle\14-09 RFP Winburn_Pioneer Triangle (2).doc 91 Proposer will be selected in a manner to accommodate the Department's scope and schedule and budget objectives for a particular project. Screening and selection procedures may include considering each candidate's: 1. Specialized experience, capabilities and technical competence, which the candidate may demonstrate with the candidate's proposed approach and methodology to meet the project requirements; 2. Resources committed to perform the work and the proportion of the time that the candidate's staff would spend on the project, including time for specialized services, within the applicable time limits; 3. Record of past performance, including but not limited to price and cost data from previous projects, quality of work, ability to meet schedules, cost control and contract administration; 4. Ownership status and employment practices regarding minority, women and emerging small businesses or historically underutilized businesses; 5. Availability to the project locale; 6. Familiarity with the project locale; and 7. Proposed project management techniques. a) If the screening and selection procedures a Department creates under subsection A.4.a) result in the Department's determination that two or more candidates are equally qualified, the Department may select a candidate through any process the Department adopts that is not based on the candidate's pricing policies, proposals or other pricing information. b) The Department and the selected candidate shall mutually discuss and refine the scope of services for the project and shall negotiate conditions, including but not limited to compensation level and performance schedule, based on the scope of services. The compensation level paid must be reasonable and fair to the Department as determined solely by the Department. c) If the Department and the selected candidate are unable for any reason to negotiate a contract at a compensation level that is reasonable and fair to the Department, the Department shall, either orally or in writing, formally terminate negotiations with the selected candidate. The Department may then negotiate with the next most qualified candidate. The negotiation process may continue in this manner through successive candidates until an agreement is reached or the Department terminates the consultant contracting process. 2. 1.1 Proposal Evaluation City will review proposals for conformance with the "Pass / Fail" and "REQUIRED" criteria identified in Sections 1.4 and 1.5. Proposals meeting all Pass / Fail criteria will be forwarded to an evaluation committee that will independently review, score and rank proposals according to the scoring criteria set forth in Section 2.2. The outcome of the evaluation process may, at the City's sole discretion result in: a) Notice to proposers of selection or rejection for contract negotiations and possible award;. b) Further steps to gather additional information for evaluation (e.g. checking references, notice of placement on an interview list, requesting clarification); or c) Cancellation of the RFP and either reissuance of the RFP in the same or a revised form or no further action by the City with respect to the RFP. G:1pub-wrksleng114-09 Downtown Beauty\RFP's Downtown Beauty\RFP Winburn_Pioneer Triangle114-09 RFP Winburn_Pioneer Triangle (2).doc 12 City may reject any or all proposals and may cancel this RFP at anytime if doing either would be in the public interest as determined by the City. City is not liable for any costs a proposer incurs while preparing or presenting the proposal or during further evaluation stages. All proposals will become part of the public record file without obligation to the City of Ashland. 2.1.2 Interviews / Follow-up Questions A process of interviews and/or follow-up questions may be conducted and scored at the discretion of the City. If an interview/follow-up process is conducted, the following will apply: • The City may, at its discretion, conduct an interview/follow-up process with those proposers it considers to be possibly best qualified to perform the potential Scope of Services. The City may conduct more than one interview. The number of proposers selected for the interview/follow-up process is at the discretion of the City. o Interviews will require physical attendance at City's offices. All sub-consultants requested by the City must also attend the interview(s) o Follow-up questions (if developed) will typically be sent via email to proposer(s). Written answers to any follow up questions must be returned within 14calendar days of date of mailing. An e-mail confirmation of receipt of any follow-up questions shall be sent by the consultant to the City's Project Manager. • A minimum of three (3) evaluators will score the interviews/follow-up questions. • The interviews/follow-up questions will have a maximum score of ten (10) points per evaluator. • An additional three (3) points will be awarded to the No. 1 ranked proposer based upon the evaluation of the initially submitted RFP's. An additional two (2) points will be awarded to the proposer ranked No. 2; unless the point spread between the No. I and No. 2 ranked proposers is greater than ten (10) points. In this case; no additional points will be given to the No. 2 proposer. No additional points will be awarded to proposers ranked below No. 2 and chosen to be part of the interview/follow-up process. 2.1.3 References City does not intend to score references, but may contact references (by phone, email or fax) to verify information provided in proposals. 2.1.4 Clarifications City may require any clarification it needs to understand a proposer's proposal. Any necessary clarifications or modifications which are in the best interest of City may be made before the proposer is awarded a contract and some or all of the clarifications or modifications may become part of the final contract. Clarifications may not be used to rehabilitate a non-responsive proposal. 2.1.5 Non-resident Proposer In determining the most responsive proposer, City shall, for the purpose of awarding the contract, add a percent increase to the score of a non-resident proposer equal to the percent, if any of the preference given to the score in the state in which the proposer resides. "Resident proposer" of Oregon means a proposer that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the proposal, has a business address in this state and has stated in the proposal that the proposer is a "resident proposer" of the State of Oregon. The undersigned represents him/her self in this proposal to be either a Resident or a Nonresident proposer by completing the appropriate blank below. • The proposer is or is not a resident proposer as defined in ORS 279A.120 G:\pub-wrks\eng\14-09 Downtown Beauty\RFP's Downtown Beauty\RFP Winburn_Pioneer Triangle\14-09 RFP Winburn_Pioneer Triangle (2).doc 13 2.2 SCORING CRITERIA Scoring will be based upon the following described categories. The proposer must describe how each of the requirements specified in this RFP are met. Responses must be clear and concise. 2.2.1 Demonstrate Technical Competence Maximum Score 15 points Demonstrate a clear and concise understanding of the scope of services being requested in this RFP and summarize the approach and methodology proposed to meet the project requirements. 2.2.2 Proposer's Specialized Experience and Capabilities Maximum Score 30 points Demonstrate capability to complete the requested services. Response must include: (15 points) Describe the experience and qualifications of proposed staff and project manager(s), (whether they are from the prime or a sub-consultant). Include descriptions of similar projects, project outcomes and customer feedback received (if any). (7.5 Points) Describe how you would provide the most technically advanced specialized technical services readily for aspects of the project which call for specialized experience. (7.5 points) Describe any specialties or imique strengths that relate to the services requested in this RFP. 2.2.3 Resources Committed and Past Performance Maximum Score 25 points Demonstrate proposer's resources available to be allocated for the proposed scope of services. • (10 points) Describe the extent of involvement of consultant's Principal(s). • (15 points) Provide a breakdown of recently completed, related projects including: proposed landscape architectural services cost for listed projects, associated construction cost and change orders cost if any for listed projects. 2.2.5 Project Management Techniques Maximum Score 15 points • (7.5 points) Describe the lead manager's process for ensuring completion on schedule and within the allocated budget. Describe your process for coordinating the work of consultants and agency staff. In addition, describe your approach for minimizing errors and omissions during the Construction Documents and Construction Administration (CA) phases. How does the landscape architectural firm compensate the owner for design errors/omissions uncovered after commencing construction? • (7.5 points)Describe the quality control methods to be employed by the Design Team during construction to ensure a facility that meets the design intent. Indicate the roles of identified key personnel during the CA phase. Describe your system for managing construction change issues during CA. 2.2.6 Cost of Services Maximum Score 15 points In an attached sealed envelope, provide a summary of proposed costs including: • Proposed project budget • Professional, technical, draftsperson, other professional / sub-professional rate(s); • Direct non-labor costs that might be applicable; G:\pub-wrks\eng\14-09 Downtown Beauty\RFP's Downtown Beauty\RFP Winburn_PioneerTriangle\14-09 RFP Winburn_PioneerTriangle (2).doc 14 Criteria Max. Score 2.2.1. Demonstrated Technical Competence 15 2.2.2 Specialized Experience & Capabilities 30 2.2.3 Resources Committed to Perform the Work 25 2.2.5 Project Management Techniques 15 2.26 Cost of Services 15 TOTAL 100 Points 2.3 AWARD PROCESS 2.3.1 Negotiations Following the evaluation process, The City will begin contract negotiations with the highest ranked Proposer. The matters subject to negotiation shall be limited to the following: 1. Comprehensive Scope of Services and Statement of Work; 2. The proposer's personnel committed to the Project: Changes in staff assigned to the project in original proposal will require City approval; (may result in rejection) 3. Project Schedule; 4. Professional fees, including reimbursable expenses; 5. Agreement to contract terms. 2.3.2 Action upon Failure to Execute Contract In the event that a contract cannot be negotiated with the highest ranked proposer, negotiations will be permanently discontinued, and the City will start contract negotiations with the next highest ranked proposer. Nothing in this RFP shall restrict or prohibit the City from canceling the solicitation at any time. 2.3.3 Notice of Intent to Award Based on successful negotiations with the highest ranked proposer, the City will issue a Notice of Intent to Award a contract. 2.3.4 Evaluation Record A record will be made of all criteria evaluation ratings and all other grounds upon which selection of the proposer is made. The final evaluation record will be available upon written request. 2.3.5 Right to Protest An adversely affected or aggrieved Responsive proposer must exhaust all avenues of admin- istrative review and relief before seeking judicial review of the City's selection or Contract award decision. 1. Protest of Proposal Specifications: A proposer who believes the proposal scope of work or specifications are unnecessarily restrictive or limit competition may submit a protest, in writing, to the Project Manager. To be considered, protests must be received at G:ipub-wrksleng114-09 Downtown Beauty\RFP's Downtown BeautylRFP Winburn_PioneerTriangle114-09 RFP Winburn_Pioneer Triangle (2).doc 15 least five (5) days before the proposal closing date. Envelopes containing protests should be marked as follows: Proposal Specification Protest Proposal Title Closing Date and Time 2. Protest of Award: The award by the City shall constitute a final decision of the City to award the contract if no written protest of the award is filed with the City within seven (7) calendar days of the Notice of Intent to Award. The written protest shall specify the j grounds upon which the protest is based. In order to be an adversely affected proposer i with a right to submit a written protest, a proposer must be next in line for award. The City will not entertain a protest submitted after the time period established in this rule. 2.3.6 Award The City Council will consider award of the contract based on the Proj cot Manager's recommendation and will authorize the Manager to execute a contract. The contract will be awarded to the proposer who, in the opinion of the City, is the most qualified and meets all .required specifications. The City may reject any proposals not in compliance with all prescribed public procurement procedures and requirements and may reject any and all proposals upon a finding by the City that it is in the public interest to do so. The City also reserves the right to waive any informality in any proposal and to delete certain items listed in the proposal as set forth herein. SECTION 3.0 - SCOPE OF SERVICES 3.1 GENERAL REQUIREMENTS 3.1.1 Personnel, Materials & Equipment: The Consultant must provide qualified and competent personnel and shall furnish all supplies, equipment, tools and incidentals required to accomplish the work. All materials and supplies shall be of good quality and suitable for the assigned work. 3.1.2 Safety Equipment: The Consultant shall provide and use all safety equipment including, . but not limited to hard hats, safety vests and clothing required by State and Federal regulations and Department policies and procedures. 3.1.3 Professional Responsibilities:- The Consultant must perform the work using the standards of care, skill and diligence normally provided by a professional in the performance of such services in respect to similar work, and must comply with all applicable codes and standards. Complete and accurate design is the sole responsibility of the consultant. Consultant must verify any information it acquires and utilizes in its design. Consultant is not entitled to rely on the accuracy and completeness of information provided by Owner, Owner's consultants and contractors, and information from public records. Any drawings and specifications provided will be developed with appropriate input from City staff. However, the City assumes no responsibility in performing QA/QC of the Consultant's scope of services including, but not limited to, the preparation of construction drawings and specifications. In addition to design, construction plans must include traffic control plans as well as erosion controls plans and provisions meeting all governmental agency requirements having jurisdiction over this project. 3.1.4 Project Management: GApub-wrks\eng\14-09 Downtown Beauty\RFP's Downtown Beauty\RFP Winburn_Pioneer Triangle\14-09 RFP Winbum_Pioneer Triangle (2).doc 16 The Consultant and the City staff will meet as required during project duration. The objectives of the meeting will include reviewing the scope, budget, schedule and deliverables. The Consultant will be responsible to: 1. Organize and manage consultant project team and coordinate with city project manager and City staff. 2. Prepare monthly invoices and progress reports including the following: • Work Completed during the Month by work task as a percentage of completion. Needs for Additional Information, Reviews, or Changes to the Scope of Work. • Scope, Schedule, and Budget Issues and Changes. G:\pub-wrks\eng\14-09 Downtown Beauty\RFP's Downtown Beauty\RFP Winburn_Pioneer Triangle\14-09 RFP Winburn_PioneerTriangle (2).doc 17 P'Ppera~X P Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: ASHLAND CONTACT: 20 East Main Street Ashland, Oregon 97520 ADDRESS: Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: DATE AGREEMENT PREPARED: FAX: BEGINNING DATE: COMPLETION DATE: COMPENSATION: SERVICES TO BE PROVIDED: ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said rima City of Ashland Contract. FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings 1 Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $20,142.20 or more, Consultant is required to 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 service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: Contract for Personal Services, Revised 07/0812014, Page 1 of 5 a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: I, If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000.00 0, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. Contract for Personal Services, Revised 07/08/2014, Page 2 of 5 e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, 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 by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. 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. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant 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 Consultant, with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated b reference. onsultant: City of Ashland By By Signature Department Head Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Personal Services, Revised 07/0812014, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 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, (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) 1 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) 1 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. I Contractor (Date) Contract for Personal Services, Revised 0710812014, Page 4 of 5 CITY • ASHLAND, OREGON EXHIBIT B City of Ash land LIVING WAGE o k , per hour effective June 30, 2014 (increases annually every June 30 by the Consumer Price Index) portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: "Employee" does not employer and the City of $20,142.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,142.20 or more. ➢ If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more ➢ For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland employee's a or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Contract for Personal Services, Revised 07/0812014, Page 5 of 5 ® ~ l z V o,~ u. t': • r ~ ~~'c rrr4 fk /w, r ~/Y r 1" I J r j~' yr"M r r ~ "fir r y r .j r~ r.-•~ ~ art."~ ~S ~ ~ ~ 1, Y r 1 F: u r 4" ~ I 4 F ~ r n aj ems;: n u ~t~~e~J t Rtr*~e+:'r r r rr {rJ, f-4 ~~ITT Y`~ ~~4n a U. r+ it i tt, is . - e 5 T L~~- '~t `k r F~ r, ~r ~ ,.1 ~_bw r f ,~;a~., .`f~. ;r. • .x .g X ~ . s~ ~y . li X ~4 t ~~~'ai ~ ~ ~ Ip ,Y 41 I ~t R[ 'i^ w •1 7' 1 f` ` . \ tt \ a 1 t ~y ~i~ ~,4 ~ `t 4 ~ f ~'cwz~L ~ °~4. `.7~'~ . ~i i~'~ ti a Mi ` f r+ a /~f `Q'h 1 f V 1 T- I f i e' f t y ,n * 'ry k' J y f'Q~ fill y~ { { j i C i DOUGHERTY LANDSCAPE ARCHITECTS y 20 November 2014 Scott Fleury Engineering Services Manager City of Ashland 51 Winburn Way Ashland, OR 97520 Re: Winburn Way Planter and Pioneer St. Triangle Handscape and Landscape Improvements Project No: 2014-09 Dear Scott and Evaluation Committee members, Our firm, DLA Inc., is happy to provide qualifications and looks forward to the prospect of working with the City of Ashland on the Winburn Way Planter and Pioneer Street Triangle improvements. As you will see, we have a high level of professionalism and extensive experience with similar projects and we are highly qualified to perform these services for you. While not having the privilege of previous work in the City of Ashland, we are highly familiar with the city and the downtown in particular. We know what a special place Ashland is and welcome the opportunity to participate in its continued success. DLA has extensive project experience in Southern Oregon, including projects for the municipalities of Grants Pass and Gold Hill as well as Josephine and Klamath Counties. Thank you again for this opportunity. We sincerely would be excited to work with you toward the successful completion of these downtown improvements. Please do not hesitate to contact me should you have any questions or would like to discuss our qualifications in more detail. Respectfully submitted, David Dougherty, Principal, DLA Inc. David DADLADesign.com DLA Inc. is an S Corporation. DLA is certified as an Emerging Small Business in the state of Oregon (ESB # 6653). Our Federal Tax ld # is 91-1755949. David Dougherty is the primary contact person for this proposal and is the person authorized to sign a contract, 474 Willamette Street. Suite 305 Eugene, Oregon 97401 P 541 683 5803 F 541 683 8183 www.DLAdesign.com 5W W17 DOUGHERTY LANDSCAPE ARCHITECTS 2.2.1. Demonstrate Technical Competence A. Understanding of Scope of Services DLA has a proven track record of downtown streetscape and revitalization projects throughout Oregon and Washington. Please see Section 2.2.2. for detailed information. These past projects enhance our understanding of the requirements for these projects and the process required to ensure successful completion, In addition, our knowledge of Southern Oregon climate and plant communities and local knowledge of Ashland will enhance our understanding of project goals and requirements. We have thoroughly read and are well versed in the expectations for both components of this RFP, Below is a summary of our general understanding of the scope of services and specific improvements. a. The Ashland City Council and recently formed Downtown Beautification committee have prioritized improvements for the following areas: i. A planter and adjacent sidewalk and hardscape area located on Winburn Way, Requested enhancements include walls, seating, a relocated curb line and light, planting and irrigation. Our understanding is that the area needs to be updated and refreshed, with improved pedestrian comfort and convenience and increased attractiveness to this area adjacent to downtown businesses. An existing cedar is to be preserved and accessibility and pedestrian flow are to be improved. ii. A triangular section of sidewalk, hardscape and planter at Lithia Way and Pioneer Street. The project scope includes sidewalk repairs, ADA improvements, planting and irrigation. The area lacks a unified design and materials palette. The project will refresh, update and unify the area for pedestrians, shoppers, tourists and adjacent businesses, Additional concrete work outside of the area will be included. F_ _ x B. Approach and Methodology (Preliminary Work Schedule and Breakdown). Below is a brief summary of our understanding of deliverables and phasing followed by a Gant-Chart breakdown of the schedule, a. Project Phasing and Deliverables (see chart for breakdown) i, Pre-design Evaluation and Scoping ii. Design Development, Construction Documents: iii. Bid Support Services iv. Construction Support Services b. Gant-chart schedule of major work tasks with project milestones and estimated time to complete each task: C O m 0 7 r o~ M = M _ c ~ L. N ~=c a In Ln ~ O O Ol QQ o E z Q~ n N O -c' a ry N N U C 4'.: a m a i t o ~ T N ~ H o Q1 C v m; ~ ~ m m a m c R e. Q a r c g c m N E ffi a n u u o 0 0 C + a^ m y d 'T ac aC as u E M u u u :c c w y~ Q R C a n P C b fl C OG G u j. ma 0. > u° c c c : v m m c: u 'o +([S m O O O G\ w d d 6 C C O N J :Q 9? 7 cL-4 ^>Q£❑c3❑~oEpE dmay oc~a'E~c'r.° al N u E, o e0 o m 3 a 3 m a C l m! ~u c u m c' w a .Lt C Q v N+ a c g a a'. a - : a R n a m o cp .a .01. r_ _ m r w 1. c d 9 N ~n m u, L ~S : a d S m co v U g _ c m e a m m m a c ti w o d C-. 6 K a u- A; q d. 0 a DOUGHER.TY LANDSCAPE ARCHITECTS 2,2.2. Proposer's Specialized Experience and Capabilities A. Experience and Qualifications of proposed staff and project manager: DLA has provided professional landscape architectural services from our Eugene offices for over twenty years. Our firm consists of three licensed landscape architects with over sixty years of combined experience and =1 expertise. David Dougherty, firm principal, has a resume that includes high profile projects with the Philadelphia office of Hanna Olin. David' served as project manager for the Bryant Park restoration at the New York - Public Library and for the Wexner Center at the Ohio State University.' f The following relevant projects all enjoyed successful outcomes in terms of schedule, budget and client satisfaction (references in parentheses). Canby, OR - DLA provided full landscape architectural design services for the redesign on NW V" Avenue in downtown F Canby. Amenities included colored and stamped paving, furnishings, intersection bulb-outs, raised planters and art plinths. City staff and local stakeholders are pleased with the 4! results. (Renata Mengelberg, Economic Development Director, 503-266-0701) t a Veneta, OR -DLA provided full landscape architectural design owrvTOwtG services for streetscape redesign in downtown Veneta. Street ~K V E N T furnishings, intersection bulb-outs and stormwater treatment y; facilities are among the design elements. DLA also designed a monument entry sign to welcome visitors to downtown. City staff and stakeholders are pleased with the design and have hired DLA for subsequent work. (Ric Ingram, City F 10 Administrator, 541- 935 - 2191) iii 10, 1 ggg~ 15 Siuslaw Park, Florence, OR - DLA provided full landscape architectural design services for this pocket park in downtown a. " Florence. Amenities include seating, a gathering and viewing plaza, interpretive signage, integrated stormwater treatment +-t facilities and interpretive signage. The park has been a big success attracting large crowds of tourists. (Mike Miller, City of Florence Public Works Director, 541- 997-4106.) B, Specialized Experience: DLA will provide the following technically specialized services: Irrigation and planting design, hardscape design, seat and planter wall design, meeting and design coordination. C. Specialized or unique strengths that relate to services requested in the RFP a. Downtown revitalization: David Dougherty, firm principal, has taught courses at the University of Oregon in Urban design and has been a featured speaker at the Oregon Main Street Conference. David and DLA have provided consultation and downtown design for the following: Albany, Creswell, the Dalles, Gervais, Toledo, Elkton, Gold Hill, North Bend, Oakridge, Warm Springs, Brownsville, Veneta, Canby, Dayton, WA, and Milton Freewater. b. Attention to Detail Documentation and the Big Picture: David and DLA understand the importance of details for project success. David learned this lesson as project manager for Bryant Park in Manhattan where precise documentation and execution of design were emphasized. We also pay special attention to the way in which specific projects fit into the broader vision for the downtown. DOUGHERTY LANDSCAPE ARCHITECTS c. Expertise in bid and construction administration: DLA has served as project lead through construction for many municipalities, including the cities of Albany, Eugene and Grants Pass. 2.23. Resources Committed and Past Performance A. An advantage of being a small office is the involvement of the firm principal in all aspects of a project. David Dougherty will serve as lead designer and contact person for these projects. David will facilitate all meetings and interaction with city staff, City Council and the Downtown Beautification Committee. He will review and approve all documentation, conduct site inspections and project administration. B. Recently completed related projects: Gervais, OR: DLA documented planting and irrigation for a two block streetscape redesign in this small downtown, The project including bulb-outs, pedestrian crossings and a gathering plaza with a tiled wall. (Landscape architectural service costs: $20,000; Associated construction costs: $320,000; Change order costs: $15,000) Creswell Streetscape: DLA provided design and documentation for layout, grading, planting, irrigation and hardscape for this downtown streetscape redesign. Amenities include intersection bulb-outs and street furnishings. (Landscape architectural service costs: $32,000; Associated construction costs: $600,000; Change order costs: $5,000) is Albany Historic Streetscape: DLA provided design services for this large downtown streetscape redesign. Particular attention was paid to the integration of design with the historic fabric of downtown,° (Landscape architectural service costs: $17,000; Associated construction costs: $250,000; Change order costs: $10,000) 2.2.5. Project Management Techniques A. Project manager, David Dougherty has extensive experience in the full design and construction process and will ensure completion on schedule and within the allocated budget. a. David will coordinate all work with city staff. No consultants are anticipated. b. Approach for minimizing errors and omissions: Again, the experience of David and DLA work to our advantage. David will review documentation in office and conduct site visits. Staff landscape architects will proofread documentation to confirm accuracy. c. How does DLA compensate owner for design errors & omissions? DLA has never been subject to errors and omissions costs. DLA will mitigate additional services without cost to the owner. B. Quality control measures to be employed by design team during construction; Roles of key personnel during CA phase: The key to quality control is airtight documentation and specifications to minimize change orders and ensure that contractors will be held to the design intent. David will oversee all of the quality control measures through design and construction. Please see the chart, Heading IV, Construction Support, for a list of safeguards during construction including meetings, submittals and inspections. , Change orders: Proposed change orders are to be submitted to DLA. They will be reviewed for acceptability and cost, with approval by city and DLA. They will then be processed by DLA. DOUGHERTY LANDSCAPE ARCMfir6CTS Date: 20 November 2014 To: Scott A. Fleury, City Project Manager City of Ashland Public Works Engineering Re: Winburn Place Planter and Pioneer Street Triangle Task Outline and Fee Estimate for Landscape.Architecture Services Dear Scott, Thank you for this opportunity to assist you and your associates with this exciting downtown improvements project. The fees below are based upon the scope of work outline within your Request for Proposals. I have item)zed the tasks and have estimated hours with corresponding fees below. 0) Hours L S N CL o Description in 1. Pre-Design Phase • Attend initial meetings with city staff and Tree Commission 6 0 • Conduct Site Analysis of both sites and notate existing conditions that may influence design. 4 0 Walk through with city staff and interested parties as needed. • Prepare Base Plans on AutoCAD based survey information provided by city. 1 5 • Research Code requirements and permit process. 1 3 • Develop final Scope of Work and fine tune ro'ect schedule. 4 2 Total Hours for Pre-Design Phase 16 10 Estimated Fee for Pre-Design Phase $2,190 11. Design Development Through Contract Documents • Prepare Preliminary design drawings for both sites. 6 1 I • Attend Design Development review meeting with city staff. City staff to review and provide 8 0 feedback. Meet with Tree Commission for feedback. • Prepare final Design Development drawings (based upon staff feedback) 4 12 • Prepare 50% Construction Document package for city review and feedback. 6 16 • Prepare 90% Construction Document package for city review and feedback. (based upon 2 20 50% staff feedback) e Prepare 100% Construction Document package for city review and feedback. Anticipated 10 16 products include: o Project manual, • Specifications, • Site Plan (with hardscape improvements) • Construction Details, • Planting Plan, • Irrigation Plan Total Hours for Des! #n Development Through Contract Documents 36 65 Estimated Fee for Design Development Through Contract Documents $8115 Ill. Bid Support Services • Facilitate and attend Pre-Bid Conference 6 0 • Prepare addenda as needed 0 2 • Review bids and assist city staff as directed. 2 0 Total Hours for Bid Su art Services 8 2 Estimated Fee for Bid Support Services $870 IV. Construction Support Services • Facilitate and attend Pre-Construction Meeting. Write meeting minutes. 8 0 • Process submittals 0 3 • Attend Construction progress meetings and specified inspections, (Assume three) 12 0 • Facilitate Substantial Completion inspection and prepare Punch list. 8 0 • Facilitate Final Completion Inspection. 8 0 • Assist with project close out procedures 2 2 Total Hours for Construction Support Services 38 5 Estimated Fee for Construction Support Services $3,795 Total Estimate Hours for All Phases 98 82 Estimated Desi n Fees for All Phases Shown $94,970 Notes: 1 Fees will be billed monthly on an hourly basis and will not exceed the totals indicated. 2 Above mentioned design fees are for scope of work as outlined in RFP. Additional scope of work would be performed at the hourly rates. 3 Reimbursable expenses i.e. printing, postage and materials are not included above and will be billed on an at cost basis. Travel is billed per mile at the standard rate. Scott, thanks again for this opportunity to work with you. Please contact me should you have any questions or would like to adjust this approach or scope of work. We look forward to beginning this project upon your authority to proceed. Respectfully Submitted, David J. Dougherty, AS LA Principal DOUGHERTY LANDSCAPE ARCHITECTS 20 November 20144. Scott Fleury Engineering Services Manager City of Ashland 51 Winburn Way Ashland, OR 97520 Re: Pioneer Parking Lot Landscape Improvements Project No: 2014-09 Dear Scott and Evaluation Committee members, Our firm, DLA Inc., is happy to provide qualifications and looks forward to the prospect of working with the City of Ashland on the Pioneer Parking Lot Landscape'lmprovements project. As you will see, we have a high level of professionalism and extensive experience with similar projects and we are highly qualified to perform these services for you. While not having the privilege of previous work in the City of Ashland, we are highly familiar with the city and the downtown in particular. We know what a special place Ashland is and welcome the opportunity to participate in its continued success. DLA has extensive project experience in Southern Oregon, including projects for the municipalities of Grants Pass and Gold Hill as well as Josephine and Klamath Counties, Thank you again for this opportunity. We sincerely would be excited to work with you toward the successful completion of this downtown improvement. Please do not hesitate to contact me should you have any questions or would like to discuss our qualifications in more detail, Respectfully submitted, David Dougherty, Principal, DLA Inc. D DavidDRDLADesign.com DLA Inc, is an S Corporation. DLA is certified as an Emerging Small Business in the state of Oregon (ESS # 6653). Our Federal Tax Id # is 91-1755949. David Dougherty is the primary contact person for this proposal and is the person authorized to sign a contract. 474 Willamette Street, Suite 305 Eugene, Oregon 97401 P 541 683 5803 F 541 683 8183 www.DLAdesign.com DOUGHERTY LANDSCAPE ARCHITECTS 2.2.1. Demonstrate Technical Competence A, Understanding of Scope of Services DLA has a proven track record of downtown streetscape and revitalization projects throughout Oregon and Washington. Please see Section 2.22. for detailed information. These past projects enhance our understanding of the requirements for these projects and the process required to ensure successful completion. In addition, our knowledge of Southern Oregon climate and plant communities and local knowledge of Ashland will enhance our understanding of project goals and requirements, We have thoroughly read and are well versed in the expectations of this RFP. Below is a summary of our general understanding of the scope of services and specific improvements. a. The Ashland City Council and recently formed Downtown Beautification committee have prioritized improvements for the Pioneer Street Parking Lot as follows: Existing plant material and irrigation are at the ends of their lifespans. Existing plant material is to be removed. The existing irrigation system is to be replaced. A half height decorative fence will be installed to protect plant materials from pedestrian traffic. Pedestrian circulation will be analyzed for potential improvements. -S B. Approach and Methodology (Preliminary Work Schedule and Breakdown). Below is a brief summary of our understanding of deliverables and phasing followed by a Gant-Chart breakdown of the schedule. a. Project Phasing,and Deliverables (see chart for breakdown) i, Pre-design Evaluation and Scoping ii. Design Development, Construction Documents: iii. Bid Support Services iv. Construction Support Services b. Gant-chart schedule of major work tasks with project milestones and estimated time to complete each task: C 7 O co I I C H ~mZgm 7 _ g - - > N C m® r/ °C O V ° O y F, a d .i - N in s E rv l C In .I ro di .0 O Y 6 y E 49 O C V C C - p. -V]. VI T C O U CL 3 ...I Lo + m a o y u u U E o v Y m E 0 v c a m pv° > T a° rt u w v. Q1 d n o a IA I E-° c' o 3 E a° y mi: cc - "n CL u W m m. a O O c v 'd m N.O :~'A C cc m o (y m Q 7 fU r c c g n ai p n 3 n E E Q E u t m a: o a c Y o p a a a E c v E E E 3, o a # a c o 8 ❑ d n O.aly N: X61 0..~ .m>C..o \ oe o,o CL ma u.~ c.O ?.u. o o i• > N SSW Ain p u rn ~ v yy`~>- 4 bOn ~-o:~ ~ y u y W 0. en `1 N y V 1 W L '...u N G [6 3 N. N r: y t; Oi Y p L -o ik 3 3 „ v c o v y m o' S- O o:: ryR; :O C 'u 'o O 00 ro U a n p 0• a C a H Sd. ayi v~ m: 2 d d Y: U Q O O 0.. Q a .I CC a~ n. a u. M r. a m] ..0..:i : U in a LL a LL a O. DOUGHERTY LANDSCAPE ARCHITECTS 2.2.2. Proposer's Specialized Experience and Capabilities A. Experience and Qualifications of proposed staff and project manager: DLA has provided professional landscape architectural services from our Eugene offices for over twenty years. Our firm consists of three licensed landscape architects with over sixty years of combined experience and expertise. David Dougherty, firm principal, has a resume that includes high profile projects with the Philadelphia office of Hanna Olin. David served as project manager for the Bryant Park restoration at the New York Public Library and for the Wexner Center at the Ohio State University. The following relevant projects all enjoyed successful outcomes in terms of schedule, budget and client satisfaction (references in parentheses). Also, see section 2.2.3. for costs associated with these projects. Canby, OR - DLA provided full landscape architectural design. services for the redesign of NW 1 S` Avenue in downtown Canby. In addition, DLA provided design for a parking lot that was constructed adjacent to the streetsape and downtown. Special attention was given to pedestrian circulation, irrigation, planting design and protection of plant material with raised planters and art plinths. City staff and local stakeholders are pleased with the results. (Renata Mengelberg, Economic i° Development Director, 503-266-0701) Veneta, OR, LTD Transit Center -DLA provided full landscape architectural design services for this park and ride parking lot and bus terminal at the edge of downtown. Features include permeable paving, stormwater planters with native planting and e= a downtown entry monument sign. (Ric Ingram, City iu Administrator, 541- 935 - 2191) = Eugene Police and Forensics - DLA provided full landscape architectural design services for this police facility. Parking lot design incorporated stormwater treatment facilities. Swales lined with sedges and native plants that visually soften the perimeter of parking and provide important retention and filtration functions. (Mike Penwell, City of Eugene Design and Y Construction Manager, 541- 682 - 5547.) B. Specialized Experience: DLA will provide the following technically specialized services: Irrigation and planting design, pedestrian circulation analysis and design, fencing details and specifications. C. Specialized or unique strengths that relate to services requested in the RFP a. Parking lot planting and irrigation design: DLA has provided planting and irrigation design for countless parking lot landscapes over the years, We are adept at planting design that provides year round interest while withstanding tough urban conditions. DLA staff has years of DOUGHERTY LANDSCAPE ARCHITECTS experience designing and adapting irrigation systems with an emphasis on efficiency and water conservation. Our site designs facilitate circulation and accessibility. b. Attention to Detail Documentation and the Big Picture: David and DLA understand the importance of details for project success. David learned this lesson as project manager for Bryant Park in Manhattan where precise documentation and execution of design were emphasized. We also pay special attention to the way in which specific projects fit into the broader vision for the downtown. c. Expertise in bid and construction administration: DLA has served as project lead through construction for many municipalities, including the cities of Albany, Eugene and Grants Pass. 2.2.3. Resources Committed and Past Performance A. An advantage of being a small office is the involvement of the firm principal in all aspects of a project. David Dougherty will serve as lead designer and contact person for these projects. David will facilitate all meetings and interaction with city staff, City Council and the Downtown Beautification Committee. He will review and approve all documentation, conduct site inspections and project administration. B. Recently completed related projects (see Section 2.2.2 for descriptions): Canby, OR NW 1-' Avenue Streetscape and Downtown Parking Lot (Landscape architectural service costs: $32,000; Associated construction costs: $850,000; Change order costs: $0) Veneta, OR, LTD Transit Center (Landscape architectural service costs: $16,000; Associated construction costs: $280,000; Change order costs: $0) Eugene Police and Forensics (Landscape architectural service costs: $12,000 Associated construction costs: $220,000; Change order costs: $0) 2.2.4. Project Management Techniques A. Project manager, David Dougherty has extensive experience in the full design and construction process and can ensure completion on schedule and within the allocated budget. a. David will coordinate all work with city staff. No consultants are anticipated. b. Approach for minimizing errors and omissions: Again, the experience of David and DLA work to our advantage. David will review documentation in office and conduct site visits. Staff landscape architects with will proofread documentation to confirm accuracy. c. How does DLA compensate owner for design errors & omissions? DLA has never been subject to errors and omissions costs. DLA will mitigate additional services without cost to the owner. B. Quality control measures to he employed by design team during construction; Roles of key personnel during CA phase: The key to quality control is airtight documentation and specifications to minimize change orders and ensure that contractors will be held to the design intent. David will oversee all of the quality control measures through design and construction. Please see the chart, Heading IV, Construction Support, for a list of safeguards during construction including meetings, submittals and inspections. Change orders: Proposed change orders are to be submitted to DLA. They will be reviewed for acceptability and cost, with approval by city and DLA. They will then be processed by DLA. DOUGHERTY LANDSCAPE ARCHITECTS Date: 20 November 2014 To: Scott A. Fleury, City Project Manager City of Ashland Public Works Engineering Re: Pioneer Parking Lot Landscape Improvements Task Outline and Fee Estimate for Landscape Architecture Services Dear Scott, Thank you for this opportunity to assist you with this important landscape improvement project. We understand our scope of work is defined in your RFP for and we are highly qualified for this design and documentation. The fee estimate below includes all items in the RFP and is outlined to reflect the process that I believe will be most efficient. I have itemized these tasks and have estimated associated hours and fees below. Task Outline and Fee Estimate Hours ca a Description U) I. Pre-Design Phase • Attend initial meetings with city staff an Tree Commission. 6 2 • Conduct site analysis and notate existing conditions that may influence design. Walk through 3 0 with staff an interested parties. . Prepare base plan on AutoCAD base upon survey information provided b the city. 0 4 • Research code requirements and permit process. 2 2 * Develop final Scope of Work and fine tune project schedule. 3 1 Total Hours for Pre-Design Phase 14 9 Estimated Fee for Pre-Design Phase $1,980.00 It. Design Development Through Contract Documents • Prepare Preliminary Plan that identifies trees and shrubs to remain and proposed locations for 5 0 new plant material. Attend Design Development review meeting with city staff and Tree Commission. Submit . 8 0 drawings and receive feedback from both groups. Attend city council meeting if needed. • Prepare final Design Development drawings based upon city and Tree Commission feedback, 2 12 • Prepare 50% Construction Document Package for city review and feedback. 3 12 • Prepare 90% Construction Document Package for city review and feedback. (based upon 2 18 • Attend City Council Meeting if needed. Meet with Tree Commission if needed. 6 0 • Prepare 100% Construction Document package. Anticipated products include: • Project 8 12 manual, • Specifications, • Site plan, • Planting Plan, • Irrigation Plan, • Construction Details (including fencing, walks etc.) Total Hours for Design Development Through Contract Documents 34 54 Estimated Fee for Design Development Through Contract Documents $7,380.00 III. Bid Support Services I • Facilitate and attend Pre-Bid Conference 4 0 . Prepare addenda as needed. 0 2 • Review bids and assist city staff as directed. 2 0 Total Hours for Bid Support Services 6 2 Estimated Fee for Bid Support Services $700.00 IV. Construction Support Services • Facilitate and attend Pre-Construction Meeting. Write meeting minutes. 6 0 • Process Submittals 0 1 • Conduct all specified inspections including planting, irrigation, substantial completion, and final 16 8 completion including reports and documentation as needed. (Assume 4 visits) • Assist with project close out procedures. 2 0 Total Hours for Construction Support Services 24 9 Estimated Fee for Construction Support Services $2,880.00 Total Estimate Hours for All Phases 78 J 74 Estimated Design Fees for All Phases $12,940.00 Notes: 1 Fees will be billed monthly on an hourly basis and will not exceed the totals indicated. 2 Above mentioned design fees are for scope of work as indicated. Additional scope of work would be performed at the hourly rates. (Principal - $90/h, Staff $80/h) 3 Reimbursable expenses i.e. printing, postage and materials will be billed on an at cost basis not to exceed the amount indicated. Travel is billed per mile at the standard rate. 4 Base fees do not include any hardscape design or documentation. Scott, thanks again for this opportunity to work with you. Please contact me should you have any questions or would like to adjust this approach. We look forward to beginning this project upon your authority to proceed. Respectfully Submitted, David J. Dougherty, ASLA Principal MACKENZIE, DESIGN DRIVEN I CLIENT FOCUSED Proposal for Winburn.. Way. Planter i Pioneer ® Tr.an gi.e.,H,ard., & Landscape Improvements City of Ashland, Oregon Submitted by: Legal Name: Mackenzie Legal Status: Corporation Federal Tax ID: 93-0573937 Mailing Address: RiverEast Center 1515 SE Water Ave., Suite 100, Portland, Oregon 97214 T: 503.224.9560 Primary Project Contact: Ron Heiden, PLA Landscape Architect 1503.224.9560 ext, 483 F: 503.228.1285 E: rheiden@mcknze.com Authorized Signer: Ron Heiden, PLA 11-19-14 Authorized Signer Date ~ ® era ~ - Aa Page 1 s 2. .11 DE-MONS"- RA"IHE T CHCAi... .~~~MPVE' 'Eli CE PROJECT UNDERSTANDING a final work plan and schedule when The Winburn Way Planter and the selected. i Pioneer St. Triangle are small areas TASK 1: Project Initiation & unto themselves but provide vital Management connections to the heart of downtown • Attend Kick-Off Meeting Ashland. Safety and security for • Conduct site analysis and inventory pedestrians will be fundamental in the existing conditions design of the two spaces but each also • Provide general project management includes a sense of place. Each area - Attend initial public meeting provides an intimate opportunity to be ® TASK 2: Concept Design unique, inviting and comfortable. The • Develop base plan redevelopment of these two spaces also . Develop plant and materials board(s) presents an opportunity to improve the . Meet with City to present concept plans frontage for business owners also and . Revise per comments and present final to encourage tourism and a respite from design shopping. • Attend second round of public meetings WORK BREAKDOWN ® TASK 3: Preparation of CDs The following is a draft proposed work • Prepare 60% completed plans plan for the project. We anticipate • Submit to City Staff for review o revisions and changes after hearing • Meet with City Staff to review 60% plans from City Staff, City Council and the • Prepare 90% plans Tree Commission. We are flexible and • Submit to City Staff for review willing to incorporate the vision of the • Meet with City Staff to review 90% plans combined groups to help generate • Revise plans and deliver 100% CDs Dec Jan Feb Mar Apr May Jun Notice to Proceed Kick-Off Meeting Preliminary Design Public Meetings City Council Tree Commission Finalize Pre. Design Construction Docs 60% CDs 60% Review by City 90% CDs 90% Review by City Final CD Submittal Bidding (2 weeks) Bid Award Construction & Subst. Completion (early June through end of September)Winburn Way Planter and Pioneer St. Triangle M12 2140519.MK Page 2 ■ TASK 4: Construction ■ Bellevue Galleria, Bellevue, WA • Assist the City during bidding ■ Moody Avenue Streetscape, • Facilitate Pre-Bid, Pre-construction and Portland, OR Construction Progress meetings ■ Portland to Milwaukie Light Rail - • Provide Construction Management and Orange Line, Portland, OR* Observation Services ■ Vancouver 101 Building Corner Plaza, ■ Assumptions/Exclusions Vancouver, WA • Surveys provided by City ■ Gibbs Street Bridge, Portland, OR* • Assume site lighting to not be part of ■ Federal Reserve Bank of San scope of services but existing lighting Francisco, Los Angles, CA* will be considered and coordinated during design Kaitiin North, PLA, • Permitting to be provided by the City LEER Green Associate • Assume Division 1 specifications provided by the City Landscape Architect • provi des cost estimates Kaitiin is a licensed landscape architect and urban designer with nine years of 2.2.2 S PE EXPEIRE';.N EE' experience. She provides a wide-range iIIID CAPABILITIES of project development skills from conceptual to final design. PROPOSED STAFF Matt Butts, PE (Project Principal) will Education oversee the work in general, provide Colorado State University, quality control and be a direct resource BS in Landscape Architecture to City Staff. Ron Heiden, PLA, will Selected Experience serve as project manager and be the ° ggE Corridor & Gateway Design Plan, main point of contact for the City Canby, OR* and oversee and coordinate the work of all team members. Kaitlin North, ° Pedestrian Places Project, Ashland, OR* PLA will provide additional landscape ° Pine Street Streetscape Plan, architectural support, and Ryan Suarez, Central Point, OR* PE, will provide civil engineering ° Vancouver 101 Building Corner Plaza, support. Vancouver, WA ■ Woodburn Downtown Development Ron Heiden, PLA Plan, Woodburn, OR* Project Manager/Landscape Architect Denotes project coi-npletcd under previous Ron Heiden has over 25 years of employment. experience including a wide variety of Ryan Suarez, PE public and private projects that range all Civil Engineer over the western United States. Ryan's professional experience Education includes site grading, utilities, drainage University of Utah, calculations, site planning, and CA. His BA of Landscape Architecture projects have utilized innovative design Selected Experience features for the treatment of stormwater and site drainage. ■ 100 Market Atrium, Portland, OR ■ Ashland Creek Restoration, Ashland, OR* City of Ashland November 20, 2014 Pac1c: 3 Education included numerous locations with University of California, San Diego, similar issues and design considerations BS in Structural Engineering similar to the Winburn Way Planter and Pioneer St. Triangle. Selected Experience ■ Keizer City Hall & Police & Civic 100 Market Atrium Repositioning Center Park, Keizer, OR ■ Location: Portland, Oregon ® Port of Hood River Waterfront ■ Cost: LA Fees - $26,000; Landscape Redevelopment - Anchor Way Construction - cost TBD Roadway and Utility Extension, , OR A modified atrium between two Hood River ® Portway Avenue Improvements, healthcare buildings. Work included Hood River, OR design of planing, handscape areas as well as an outdoor hospitality public ■ Sandy Transit Center, Sandy, OR space. .2 RE-ESA UIF1C E ` C 0 Wlq I Eff?D AND Bellevue Galleria + PA`s a PE[RFO ANCI I ■ Location: Bellevue, Washington RESOURCES AVAILABLE ■ Cost: LA Fees - $29,000;, Landscape While intentionally keeping the design Construction - unbuilt team small and by assigning individuals Bellevue Galleria is a mixed-use office/ with expertise directly related to the retail building located in downtown Winburn Way Planter and Pioneer St. Bellevue with a substantial public open Triangle projects, Mackenzie also has a space. The work to modify and enhance deep pool of civil engineers, landscape the public open space and entry points architects, architects, structural and involved working closely with the City of traffic engineers whose experience we Bellevue Arts Commission, Development can quickly call upon to solve nearly any Services staff and the owner. problem. We are licensed in multiple states and stay current with continuing Yamhill County Transit Station education. Our entire staff frequently attends Mackenzie University, an in- ■ Location: McMinnville, Oregon house training program, that provides ■ Cost: LA Fees - $10,000; Landscape education on multiple facets of the Construction - $75,000 design and construction industry. Mackenzie provided civil and landscape RELATED PROJECT'S architecture services to the County and Transit Agency for a new Transit Center Mackenzie has a proven record located on Second Street in McMinnville. in providing technical and design The work included a small office/ competence for this type of project. bathroom structure, as well as the site Ron Heiden, project manager and lead and circulation improvements. designer, was the landscape architect responsible for the planters, railing, Fred Meyer Stadium Upgrade pedestrian improvements and concrete detailing for the bridge replacement at ° Location: Portland, Oregon Winburn Way and Lithia Creek. He was ■ Cost: LA Fees - $18,000; LA also the consulting urban design lead Construction - cost TBD for the southern four miles of Trimet's Our landscape architects collaborated Orange Line light rail extension which to integrate the Tri-Met transit shelter Winburn Way Planter and Pioneer St. Triange M12 2140519,MK Page 4 into the overall building design to create a community garden and outdoor an inviting and secure area for bus dining area, a vineyard, community users. To address the steep slope of the event spaces, water fountains, seating street, our team developed a series of areas, and trail connections. An interior cascading terraces that create distinct streetscape provide traffic calming and inviting places for people to wait, with street trees, planters, enhanced I mark the building entries, and develop paving, and pedestrian connections. retail opportunities. Subsequently Mackenzie was asked to provide phase II design services for the Beaverton Public new Progress Ridge parking structure. Safety Building 2.2.4 PROJECT MA J~l E?,JENT Location: Portland, Oregon ECy3 i S ® Cost: LA Fees - $15,000; Landscape Construction - $150,000 SCHEDULE/BUDGET CONTROL Mackenzie's Landscape Architects Mackenzie develops realistic and provided the planting design for attainable design and construction the proposed Beaverton Public schedules to meet our clients' needs. Safety building renovation located in During the design and construction Beaverton, Oregon. Designed landscape process, Mackenzie will be the driving areas included a detailed planting plan force in maintaining and ensuring for the front entry conceptualized to that all team members adhere to the create a sense of place by working in established and agreed-upon schedule. concert with the renovated building We believe the key to meeting your improvements. Planting plans were also project schedule is appropriate designed for a small outdoor patio, staffing. With a staff of over 150, and the parking lot and a new stormwater 36 technical staff in our engineering, facility. The design team worked closely landscape architecture, and planning with the city's arborist in an effort to disciplines, we have the resources to seamlessly incorporate some of the choose the personnel best suited to existing tree walk plantings into the new work on it. Those individuals wilt remain design. on your project until it is completed. Progress Ridge `fownScluare QUALITY CONTROL METHODS ■ Location: Beaverton, Oregon Quality control and project coordination Size: 20.3 acres begin and end with communication. ■ Cost: LA Fees - $210,215; Landscape Critical to Mackenzie's quality control Construction - $3M efforts is a system of team meetings to establish project planning and regularly Mackenzie designed a series of plazas, check progress against established courtyards, walkways, and community budgets, schedules, and commitments. amenities to create a distinct urban We utilize in-house staff to provide character. The courtyard improvements periodic peer reviews as the design include interactive water features, develops and documents are created. The proposer is X or is not a resident proposer as defined in ORS 279A.120. City of Ashland November 20, 2014 ss'EFE RFes:N CE Beaverton Public Safety Building ■ Location: Beaverton, Oregon ■ Completed: 2013 ■ Reference: Police Chief, Geoff Spalding - City of Beaverton Police Department P: 503.526.2222 ) E: gspalding@beavertonoregon.gov 100 Market Atrium Repositioning ■ Location: Portland, Oregon ■ Completed: On--going ■ Reference: Susan Sagy - W3 Partners LLC P: 415.509.6156 1 E: ssagy@w3partnersllc.com Bellevue Galleria Location: Seattle, Washington ■ Completed: 2013 ■ Reference: Robert Pittman, VP of Management Services - Madison Marquette P: 206.322.1610 E: robert,pittman@madisonmarquette.com is I% i t 3 R i Winburn Way Planter and Pioneer St, Triange ME 214os19.MK MAC K'ia ZIF COST - ~w= H Vi AT F 41 IF, W41W '11W! PLANTER AND THE PION NIR t,., t RIAr<Ih7t..l; I,ali~~,tg ~ t ;:a TASK 1: Project Initiation & TASK 3: Preparation of Ap1_ix.) Trial:o Management: Construction Documents Attend Kick-Off Meeting with Prepare 60% completed plans City Staff to discuss vision and details and specifications for all expectations of the Project. information necessary for bidding and Conduct site analysis and inventory construction. existing conditions. " Submit to City Staff for review and Provide general project management comment, through the course of the Project and o Meet with City Staff to review 60% update and coordinate with the City complete plans to incorporate any Project Manager according to the necessary revisions. work plan and schedule by means of " Prepare 90% cor npleted plans email, phone, meetings and meeting details and specifications for aN minutes. information necessary for bidding and Attend initial public meetings with construction. the Tree Commission and City Council " Submit to City Staff for review aru_l during the first week of January, 2015. comment. T AS y f C 73 81 1-3 a Meet with City Staff to review 90% k~ I FEE l F A_,; 5 ~ I p 1 .€~~~1 ~ complete plans to incorporate any TASK 2: Preparation of Concept necessary revisions. Design of Functional Landscape and " Revise plans and deliver 100% Hardscape Improvements, complete construction dOCUM01-Its. Develop base plan from City-provided YA$~I , i t=1~-, i l'I 3A i- 1 1 1 survey and Mackenzie site inventory. " Create one (1) conceptual design for TASK 4: Construction Observation each area. " Assist the City during bidding and Develop plant and materials board(s) prepare any required addenda and to help communicate intent of plant answer bidder's questions l:>rot~~ptly. selections, irrigation and amenities. Bidding to occur approximately • Meet with City to present concept May 1 - May 15, 20-15. plans and reach consensus on a n F=acilitate Pre-Bid, Pre-construction preferred plan. Revise per comments and Construction Progress meetings and present final concept designs, as necessary. Provide meeting minutes • Attend second round public rneeting of each occurrence, with the Tree Commission and City " Provide Construction Manage(nent Council to present concepts, gather and Observation Services as input and prepare for Construction necessary. Construction to occur Document phase. lapproximL ategly .Jun1e to September. TASK 2 F IF 6p ft-'S IL {i 5~ 1 i Tt 1 E ' $7,2570 City of Ashland November 20, 2014 Total Pee Estimate Tasks 1--4 $31,360 Expenses $2,195 Total Fees and Expenses ......................................................$33,555 Hourly Rates: Ron Heiden, Landscape Architect/Project Manager .....................$125 Kaitlin North, Landscape Architect ..........................................................$85 Ryan Suarez, Professional Engineer .......................................................$100 Tami Danisch, Landscape Designer/CAD .............................................$55 Assumptions/Exclusions: Surveys provided by City • Assume site lighting to not be part of scope of services but existing lighting will be considered and coordinated during design. ® Permitting to be provided by the City. Assume Division 1 specifications provided by the City • Excludes cost estimates Winburn Way Planter and Pioneer St. Triange 2140519.M1< M MACKENZIE DESIGN DRIVEN I CLIENT FOCUSED i Proposal for Pionpear.. Parking Lot Landscape Improvements City of Ashland, Oregon Submitted by: Legal Name: Mackenzie Legal Status: Corporation Federal Tax ID: 93-0573937 Mailing Address: RiverEast Center 1515 SE Water Ave., Suite 100, Portland, Oregon 97214 T: 503.224.9560 Primary Project Contact: Ron Heiden, PLA Landscape Architect T: 503.224.9560 ext. 483 1 F: 503.228.12851 E: rheiden@mcknze.com Authorized Signer: Ron Heiden, PLA 11-19-14 Authorized Signer Date n ~ eye ® e Page 1 2. 2.1 C PROJECT UNDERSTANDING ■ TASK 1: Project Initiation & The Pioneer St. Parking Lot has seen Management better days and the location requires an • Attend Kick-Off Meeting upgrade to revitalize the area with new • Conduct site analysis and inventory plant material and to protect the plants existing conditions from pedestrian travel. The parking • Provide general project management area should also provide a welcoming, • Attend initial public meeting ■ TASK 2• Concept Design intuitive layout that provides good visual . Develop base plan access, direction, security and appeal. . Develop plant and materials board(s) Additionally, irrigation suppliers have done . Meet with City to present concept plans much in the recent past to provide newer . Revise per comments and present final nozzles and controls that greatly increase design the efficiency of irrigation systems. • Attend second round of public meetings WORK BREAKDOWN ■ TASK 3: Preparation of CDs • Prepare 60% completed plans The following is a draft proposed work • Submit to City Staff for review plan for the project, We anticipate • Meet with City Staff to review 60% plans revisions and changes after hearing • Prepare 90% plans from City Staff, City Council and the • Submit to City Staff for review Tree Commission. We are flexible and • Meet with City Staff to review 90% plans willing to incorporate the vision of the ° Revise plans and deliver 100% CDs combined groups to help generate ■ TASK 4: Construction a final work plan and schedule when • Assist the City during bidding selected. • Facilitate Pre-Bid Pre- Construction and Dec Jan Feb Mar Apr May Jun Notice to Proceed Kick-Off Meeting? Preliminary Design Public Meetings City Council Tree Commission Finalize Pre. Design Construction Docs 60% CDs 60% Review by City 90% CDs 90% Review by City Final CD Submittal Bidding (2 weeks) Bid Award Construction & Subst. Completion (early June through end of September) Pioneer Parking Lot MIR 2140520.MK Page 2 Construction Progress meetings Moody Avenue Streetscape, • Provide Construction Management and Portland, OR Observation Services • OHSU Parking Lot, Portland, OR* ■ Assumptions/Exclusions ■ Top Golf, Hillsboro, OR • Surveys provided by City • Assume site lighting to not be part of • Tri-Met Parking Lots, multiple scope of services but existing lighting locations, Portland, Clackamas and will be considered and coordinated Milwaukee, OR* during design Denotes project completed under previous • Permitting to be provided by the City employment. • Assume Division 1 specifications provided by the City Kaitlin North, PLA, • Excludes cost estimates LEED Green Associate 2.2.2 SP CIP"I_EZED EXPERIENCE Landscape Architect AND, CAPABIL1THES Kaitlin is a licensed landscape architect and urban designer with nine years of PROPOSED STAFF experience. She provides a wide-range Matt Butts, PE (Project Principal) will of project development skills from oversee the work in general, provide concept to final design. quality control and be a direct resource to City Staff, Ron Heiden, PLA, will Education serve as project manager and will be Colorado State University, the main point of contact for the City BS in Landscape Architecture and oversee and coordinate the work of all team members. Kaitlin North, Selected Experience PLA will provide additional landscape • 122nd & Halsey, Mod Pizza, Portland, OR architectural support, and Ryan Suarez, • Arney Road, Woodburn, OR PE, will provide civil engineering • Gateway Corporate Center, support. Gresham, OR • New Seasons, Portland, OR Ron Heiden, PLA ■ Progress Ridge Parking Structure, Project Manager/Landscape Architect Beaverton, OR Ron Heiden has over 25 years of • Shady Lane, Tigard, OR experience including a wide variety of. • Top Golf, Hillsboro, OR public and private projects that range all • Vancouver 101 Building, over the western United States. Vancouver, WA • ViaWest, Hillsboro, OR Education University of Utah, Ryan Suarez, PE BA of Landscape Architecture Civil Engineer Selected Experience Ryan's professional experience • Camp Withycombe Master Plan. Oregon includes site grading, utilities, drainage National Guard, Clackamas, OR* calculations, site planning, and CA. His projects have utilized innovative design • Employee Parking Lot Upgrade, features for the treatment of stormwater Port of Portland, Portland, OR and site drainage. ■ Gleason Boat Ramp, METRO, Portland, OR* City of Ashland Noveinber 20, 2014 Page 3 Education detailing for the bridge replacement at University of California, San Diego, Winburn Way and Lithia Creek. He was BS in Structural. Engineering also the consulting urban design lead for the southern four miles of Trimet's Selected Experience Orange Line light rail extension which ® 122nd & Halsey, Mod Pizza, Portland, OR included numerous locations with 24 Hour Fitness, Bothell, WA similar issues and design considerations Dundee Fire Station, Dundee, OR similar to the Pioneer Parking Lot. ® PDX Economy Lot Exit Plaza, Portland, OR Progress Ridge TownSquare Progress Ridge Parking Structure, Beaverton, OR m Location: Beaverton, Oregon ■ Safeway Barbur Blvd., Portland, OR - Size: 20.3 acres ■ Safeway, Bellingham, WA ® Cost: LA Fees - $210,215; Landscape ® Sherwood Industrial Park, Construction - $3M Sherwood, OR Mackenzie designed a series of plazas, • Tualatin Valley Fire & Rescue Station courtyards, walkways, and community 70, Tualatin, OR amenities to create a distinct urban 2.23 RESOURCES COMMITT D ANU) character, The courtyard improvements ',LEAST PERFORMANCE include interactive water features, a community garden and outdoor RESOURCES AVAILABLE dining area, a vineyard, community While intentionally keeping the design event spaces, water fountains, seating team small and by assigning individuals areas, and trail connections. An interior with expertise directly related to streetscape provides traffic calming the Pioneer Parking Lot project, with street trees, planters, enhanced Mackenzie also has a deep pool of paving, and pedestrian connections, civil engineers, landscape architects, Subsequently, Mackenzie was asked to architects, structural and traffic provide phase II design services for the engineers whose experience we can new Progress Ridge parking structure. quickly call upon to solve nearly any Safeway Barbur Boulevard problem. We are licensed in multiple states and stay current with continuing ® Location: Portland, Oregon education. Our entire staff frequently ° Size: 2.18 acres attends Mackenzie University, an in- ® Cost: LA Fees - $12,000; Landscape house training program, that provides Construction - $230,000 education on multiple facets of the Mackenzie's Landscape Architects design and construction industry. provided the planting design for RELATED PROJECTS the parking lot and the streetscape along two very busy Portland streets. Mackenzie has a proven record Mackenzie's design demonstrated in providing technical and design compliance with specific city codes competence for this type of project. regarding plant materials, trees and Ron Heiden project manager and lead stormwater planting. In addition to designer was the landscape architect overall planting design, Mackenzie's responsible for the planters, railing, Landscape Architects selected site pedestrian improvements and concrete furniture and planters, and laid out a Pioneer Parking Lot MN 2140520.MK Page 4 design/build irrigation system. During v.2,,41 PROJECT MANAGEM E(tTlr construction, Mackenzie reviewed TECHI i510UE5 project submittals and performed on- site construction administration for SCHEDULE/BUDGET CONTROL planting and irrigation installation. Mackenzie develops realistic and attainable design and construction Arney Road/Woodburn Retail schedules to meet our clients' needs. Location: Woodburn, Oregon During the design and construction Size: 4.5 acres process, Mackenzie will be the driving ■ Cost: LA Fees - $18,000; Landscape force in maintaining and ensuring Construction - cost TBD that all team members adhere to the Mackenzie's Landscape Architects established and agreed-upon schedule. provided the planting design for We believe the key to meeting your the parking lots, outdoor patios and project schedule is appropriate landscape areas for the proposed staffing. With a staff of over 150, and retail site on Arney Road. The site 36 technical staff in our engineering, development included mid-size retail landscape architecture, and planning development and pads for future disciplines, we have the resources to restaurants. Mackenzie's design choose the personnel best suited to demonstrated compliance with specific work on it. Those individuals will remain city codes regarding plant materials and on your project until it is completed, screening. QUALITY CONTROL METHODS New Seasons Quality control and project coordination begin and end with communication. ■ Location: Portland, Oregon Critical to Mackenzie's quality control ® Size: l acre efforts is a system of team meetings to ■ Cost: LA Fees - $12,000; Landscape Construction - cost TBD establish project planning and regularly check progress against established Mackenzie's Landscape Architects budgets, schedules, and commitments, provided the planting design for the We utilize in-house staff to provide proposed New Seasons Market retail periodic peer reviews as the design space on Lombard Street in Portland, develops and documents are created. Oregon. Site improvements included planting plans for the outdoor patio, parking area, storm water facilities and options for potential green roof planting. Mackenzie's design seamlessly incorporated stringent city codes regarding plant material selection, screening and storm water planting requirements within an extremely constrained site. The proposer is X or is not a resident proposer as defined in ORS 279A.120. City of Ashland November 20, 2014 Arney Road/Woodburn Retail Location: Woodburn, Oregon Completed: On-going Reference: Ryan Schera, Development Manager - Deacon Development Group P: 503,297.87611 E: ryan.schera@deacon.com New Seasons Location: Portland, Oregon Completed: On-going Reference: Ryan Schera, Development Manager - Deacon Development Group P: 503.297.87611 E: ryan.schera@deacon.corn - - Pioneer Parking Lot 2140520.MK MACKk'NZI N OSA 9 OF !3;TIN1A 1 a.: t" OR PARKING LOT PRQJf,-.CT TASK 1: Project Initiation 8c TASK 3, Preparation of Appropriate Management Construction Documents • Attend Kick-Off Meeting with m Prepare 60% completed plans City Staff to discuss vision and details and specifications for all expectations of the Project. information necessary forbidding and Conduct site analysis and inventory construction. existing conditions. a Submit to City Staff for review and • Provide general project management comment. through the course of the Project and - Meet with City Staff to review 60% update and coordinate with the City complete plans to incorporate any Project Manager according to the work necessary revisions. plan and schedule by means of email, m Prepare 90% completed plans phone, meetings and meeting minutes. details and specifications for all • Attend initial public meetings with information necessary for bidding and the Tree Commission and City Council construction. during the first week of January, 2015. A Submit to City Staff for review and comment. TASK 1 FEE STIMA` E , $8,180 Meet with City Staff to review 90% TASK 2: Preparation of Concept complete plans to incorporate any necessary revisions, Design of Functional Landscape and Revise plans and deliver 100% Handscape improvements complete construction documents. • Develop base plan from City-provided survey and Mackenzie site inventory. TASX, g t f t° Create one (1) conceptual design. Develop plant and materials board(s) `CASK 4: Construction Observation to help communicate intent of plant ° Assist the City during bidding and selections, irrigation and amenities. prepare any required addenda and Meet with City to present concept answer bidder's questions promptly. plans and reach consensus on a Bidding to occur approximately preferred plan. Revise per comments May 1 - May 15, 2015. and present final concept design. Facilitate Pre--Bid, Pre-construction Attend second round public meeting and Construction Progress meetings with the Tree Commission and City as necessary. Provide meeting minutes Council to present concepts, gather of each occurrence. input and prepare for Construction ® Provide Construction Management Document phase. and Observation Services as necessary. Construction to occur TASK 2 VE',f F,-, S TIMA E ~6,6 ` 0 approximately June to September. AS1 4 I f^t. IMA41.7 5,0 Y:r Pioneer Parking Lot 2111 o52O.N1K Total Fee Estimate Tasks 1-4 ...............................................................$32,325 Expenses...... ........................................................$2,263 Total Fees and Expenses ..........:...........................................$34,588 Hourly Dates: Ron Heiden, Landscape Architect/Project Manager .....................$125 Kaitlin North, Landscape Architect $85 Ryan Suarez, Professional Engineer .......................................................$100 Tami Danisch, Landscape Designer/CAD $55 Assumptions/Exclusions. ■ Surveys provided by City ■ Assume site lighting to not be part of scope of services but existing lighting will be considered and coordinated during design. ■ Permitting to be provided by the City. ■ Assume Division 1 specifications provided by the City ■ Excludes cost estimates City of Ashland November 20, 2014 CITY OF ASHLAND Council Communication December 16, 2014, Business Meeting Council Direction to Proceed with Downtown Plaza Beautification Projects FROM: Ann Seltzer, management analyst, Administration seltzeragashland.or.us SUMMARY At the September 2, 2014, City Council meeting, the Downtown Beautification Improvement ad hoc Committee presented its recommendations for beautification projects for the current budget cycle using transient occupancy tax money that has been set aside in the budget for qualifying capital projects. Two of the recommended projects involved improvements to the Plaza. On October 21, the Council voted to defer the Plaza improvements until a study session could be held to discuss developing a master plan for the Plaza. At the December 2, 2014, study session, the Council discussed a master plan process for the Plaza and decided to wait for the recommendation of the Downtown Parking and Circulation ad hoc Committee. Council directed staff to bring the beautification committee's recommendations for the Plaza back to the Council for deliberation. BACKGROUND AND POLICY IMPLICATIONS: The Downtown Beautification Improvement ad hoc Committee recommends two Plaza projects: 1) Add three free-standing planters with irrigation, additional plants in the landscape beds with decorative fencing at the curb to protect the plants from pedestrian traffic. Committee Rationale: The free standing planters when filled with flowers will provide color to the Plaza and create a visual separation from the Plaza to the street at the south end across from City Hall. The additional plants in the landscape areas will eventually increase the greenery in the Plaza and the fencing will protect the plants and discourage pedestrians from walking through the landscaped areas. The Committee voted to allocate $15,000 for this project. 2) Replace pavers located within the half circle of the Plaza. Committee Rationale: Initially the committee was interested in replacing random pavers to visually interrupt the existing pavers. After learning that random replacement could compromise the other pavers, much like cutting a hole in a piece of fabric, it was suggested that replacing the section within the half circle would have the least impact on the rest of the pavers and provide a visual break of the existing pavers. The committee voted to allocate $15,000 for this project. COUNCIL GOALS SUPPORTED: #14 Encourage and/or develop public spaces that build community and promote interaction. FISCAL IMPLICATIONS: Implementation of the proposed projects will use funds generated from the transient occupancy tax and allocated for "other City projects that qualify" for the current budget cycle. Page 1 of 2 IFFEA&A CITY OF ASHLAND STAFF RECOMMENDATION AND REQUESTED ACTION: Staffs recommends initiating the intermediate procurement process (AMC.2.50.100) using a written solicitation to obtain quotes, bids or proposals for landscape architectural design services for these projects with final design approval by Council. SUGGESTED MOTION: I move to direct staff to move forward solicit bids for these projects using the intermediate procurement process with final design approval by Council. ATTACHMENTS: Minutes September 2, 2014 City Council Meeting Minutes October 21, 2014 City Council Meeting Minutes December 1, 2014 City Council Study Session Page 2 of 2 CITY OF -ASHLAND Council Communication December 16, 2014, Business Meeting A Resolution Establishing a Bee Sub-Committee and Consenting to the Requirements of Becoming Bee City USA Resolution FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY At the October 20, 2014, study session, Council discussed a citizen request that the City of Ashland apply to become a Bee City USA. Bee City USA is a relatively new program, similar to the Tree City USA program, in which participating cities take various steps to recognize, protect and celebrate bees and other pollinators. As the citizens requesting Bee City USA status were also approaching the Parks and Recreation Commission, the Council determined that they were the more appropriate governing body to take on this proposal. Council further agreed that if the Parks and Recreation Commission agreed to take on the responsibilities of being a Bee City USA, the Council would support this decision by adopting a resolution. BACKGROUND AND POLICY IMPLICATIONS: In June of 2012, the city of Asheville, North Carolina, decided to celebrate pollinators of all varieties and become the inaugural Bee City USA. In August of 2014, Talent, Oregon, followed suit and became the second Bee City USA. At the July 15, 2014, City Council meeting, Kristina Lefever and Laura Ferguson requested that Council consider applying for Ashland to become a Bee City USA. Council requested that this be placed on a Study Session agenda for discussion and consideration and this occurred on October 20, 2014. At that meeting it was determined that Parks and Recreation was better suited to fulfill the Bee City USA requirements, which include: 1. Fill out and submit the Bee City USA application. 2. Establish a Bee City USA committee or subcommittee devoted to pollinator conservation 3. Approve a Bee City USA resolution 4. Hold an annual celebration of being a Bee City USA with a proclamation and public awareness programs 5. Publicly acknowledge the Bee City USA designation with signage in town and web links on the City of Ashland website 6. Annually submit a renewal application with a report on Bee City related activities At the November 24, 2014 Parks and Recreation Commission meeting, the Commission agreed to be the Bee City USA committee. This resolution confirms that the Council will support this decision and the Commission's work in becoming a Bee City USA. COUNCIL GOALS SUPPORTED: 10. Support local micro-agriculture and food production. Page l of 2 ~r, CITY OF ASHLAND FISCAL IMPLICATIONS: Costs will include staff time to run the required Bee City USA committee or subcommittee, as well as costs to create and hang the required signage. It's possible other costs will be required, depending upon how the Parks and Recreation Commission handles the public awareness portion of the requirement. STAFF RECOMMENDATION AND REQUESTED ACTION: N/A SUGGESTED MOTION: I move approval of the resolution titled, "A resolution establishing a bee sub-committee and consenting to the requirements of becoming a Bee City USA" ATTACHMENTS: Resolution Memo from November 24, 2014 Parks and Recreation Commission Meeting Minutes from October 20, 2014 Council Meeting Page 2 of 2 ~r, RESOLUTION NO. 2014- A RESOLUTION ESTABLISHING A BEE SUB-COMMITTEE AND CONSENTING TO THE REQUIREMENTS OF BECOMING A BEE CITY USA RECITALS: A. The goal of BEE CITY USA is to promote healthy, sustainable habitats and communities for bees and other pollinators; B. Thanks to the tremendous diversity of wild native bees, along with the honey bees that were brought here from Europe in the 1600s, we have very diverse dietary choices rich in fruits, nuts and vegetables: "One in every three bites of food we eat is courtesy of insect pollination. Even our meat and milk trace back to insects that pollinate the alfalfa and other feed for beef cattle and cows" (Mace Vaughan, Pollinator Program Director for the Xerces Society for Invertebrate Conservation); C. Bees and other pollinators around the globe have experienced dramatic declines due to a combination of habitat loss, use of pesticides, and the spread of pests and diseases, with grave implications for the future health of flora and fauna; D. Cities and their residents have the opportunity to support bees and other pollinators on both public and private land; E. Supporting pollinators fosters environmental awareness and sustainability, and increases interactions among community stewards such as commercial and backyard beekeepers, farmers, children, educators, Master Naturalists, Master Gardeners, plant nurseries, municipalities, neighborhoods, and garden suppliers and clubs; F. The economic benefits of (native and honey) bee-friendliness are: 1. Healthy ecosystems--insect pollinators are required for pollination and reproduction of about 85% of flowering plants globally, plants that: 1) are vital for clean air and water; 2) provide food, fiber and shelter for people and wildlife; and 3) support the very insects that pollinate our crops and form the basis of food webs. 2. Increased vegetable and fruit crop yields due to bee pollination. 3. Increased habitat for natural enemies of crop pests and therefore reduced need for and costs associated with pesticides. 4. Increased demand for pollinator-friendly plant materials from local nurseries and growers. 5. Income earned by beekeepers and others through the sale of bee products, beekeeping equipment and supplies, and hive rentals for pollination; and, heightened prestige and premium asking prices for place-based honey, which enhances the visibility and reputation of its community of origin G. Designating Ashland, Oregon as a BEE CITY USA affiliate would: 1. Honor and emphasize Ashland's rich agricultural history and present; 2. Benefit local businesses that depend on pollinators; Page 1 of 3 3. Celebrate our cultural identity as a community that values sustainable practices; 4. Contribute to tourism in the region 5. Improve food security and health by supporting local food sources; and, 6. Encourage local collaboration on projects that promote environmental education and sustainable practices. H. Pollinator-friendly habitats provide the following benefits: 1. Diverse and abundant nectar and pollen from plants blooming in succession. 2. Clean water for drinking, nest-building, cooling, diluting stored honey, and butterfly puddling. 3. Pesticide-free community or pesticide use carried out with least ill effects on pollinators. 4. Comprised of mostly, if not all, native species of annual and perennial wildflowers, shrubs, trees, and grasses because many native pollinators prefer or depend on the native plants with which they co-evolved. 5. Where possible, designated pollinator zones in public spaces with signage to educate the public and build awareness. 6. Safe and humane removal of bees when required. 7. Undisturbed spaces (leaf and brush piles, un-mowed fields or field margins, fallen trees and other dead wood) for nesting and overwintering for native pollinators; and THE CITY OF ASHLAND RESOLVES AS FOLLOWS: A. In order to enhance understanding among municipal staff and the public about the vital role that pollinators play and what each of us can do to sustain them, the City of Ashland agrees to meet the following standards required of all BEE CITY USA affiliates: B. Establish/maintain the Bee City USA Sub-committee as a sub-committee of Ashland Parks and Recreation, comprised of one Parks and Recreation Commissioner and three citizens and staffed by employees, charged with assembling and disseminating information on topics of pollinator-friendly habitat and policies to municipal departments, residents, businesses, and developers. C. Pass this BEE CITY USA resolution (which articulates these standards). D. Publicly acknowledge the community's commitment by agreeing to a) install/maintain at least one authorized BEE CITY USA street sign in a prominent location, and b) create/maintain links on appropriate pages of the municipal website which includes the municipality's BEE CITY USA liaison(s), links to a PDF of this signed Resolution and the BEE CITY USA website, and summaries of the pollinator-friendly activities the municipality has undertaken or accomplished the previous year(s). E. Commit to annually celebrate National Pollinator Week (third full week of June) or some other appropriate occasion through events, proclamations, and promotions that showcase the municipality's commitment to being a BEE CITY USA affiliate. F. Commit to annually apply for renewal of the community's designation and submit a report of BEE CITY USA activities following the format provided. Page 2 of 3 This resolution was duly PASSED and ADOPTED this day of , 2014, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 2014. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Page 3 of 3 ASHLAND PARKS AND RECREATION COMMISSION 340 S. PIONEER STREET ASHLAND, OREGON 87520 COMMISSIONERS: Michael Black Mike Gardiner ~ Director Rick Landt Jim Lewis TEL: 541.488.5340 Sfetani Seffinger FAX: 541.488.5314 parksinfoC ashland.ocus Vanston Shaw MEMORANDUM TO Ashland Parks and Recreation Commission FROM Michael Black, Director DATE November 19, 2014 SUBJECT Bee City USA Resolution and Application Background Recently the City Council asked the Ashland Parks Commission to review the benefits of becoming a Bee City USA. The Council asked the Commission to make a recommendation on whether or not the City would benefit from becoming a Bee City USA city. After the October study meeting of the Parks Commission, it was decided to move forward and make a recommendation to Council to become a Bee City USA. Becoming a Bee City USA would accomplish the following, according to the proposed Bee City USA Resolution: 1. Honor and emphasize Ashland's rich agricultural history and present; 2. Benefit local businesses that depend on pollinators; 3. Celebrate our cultural identity as a community that values sustainable practices; 4. Contribute to tourism in the region 5. Improve food security and health by supporting local food sources; and, 6. Encourage local collaboration on projects that promote environmental education and sustainable practices. By adopting the program, the City of Ashland would agree to meet the following standards: Home of Famous L.ithia Park 1. Establish/maintain a subcommittee of an appropriate municipal body or department, comprised of citizens and staffed by employees, charged with assembling and disseminating information on topics of pollinator-friendly habitat and policies to municipal departments, residents, businesses, and developers. For example, it might be a subcommittee of the Sustainability, Natural Resources, or Tree Commission. 2. Pass this BEE CITY USA resolution (which articulates these standards). 3. Publicly acknowledge the community's commitment by agreeing to a) install/maintain at least one authorized BEE CITY USA street sign in a prominent location, and b) create/maintain links on appropriate pages of the municipal website which includes the municipality's BEE CITY USA liaison(s), links to a PDF of this signed Resolution and the BEE CITY USA website, and summaries of the pollinator-friendly activities the municipality has undertaken or accomplished the previous year(s). 4. Commit to annually celebrate National Pollinator Week (third full week of June) or some other appropriate occasion through events, proclamations, and promotions that showcase the municipality's commitment to being a BEE CITY USA affiliate. 5. Commit to annually apply for renewal of the community's designation and submit a report of BEE CITY USA activities following the format provided. Recommendations: 1. That the Ashland Parks and Recreation Commission creates a "Bee Subcommittee" with responsibility to "assemble and disseminate information on topics of pollinator- friendly habitat and policies to municipal departments, residents, businesses, and developers." a. It is recommended that the Bee Subcommittee be a component of the operations of Ashland Parks and Recreation reporting to the Ashland Parks and Recreation Commission, and that it consist of at least the following members: L One (1) Parks and Recreation Commissioner (commission liaison), ii. Three (3) members of the public with expertise or interest in pollinators, pollinator policy or pollinator education; iii. One (1) Parks and Recreation staff member (staff liaison) 2. That the Commission makes a recommendation to the City Council supporting the approval of the attached Bee City USA Resolution and the implementation of the requirements of the resolution which are outlined above. Minutes for the City Council Study Session October 20, 2014 Page 1 of 4 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, October 20, 2014 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:34 p.m. in the Siskiyou Room. Councilor Rosenthal, Morris, Slattery, Voisin, Lemhouse, and Marsh were present. 1. Public Input John Ames/818 Palmer/Proposed an amendment to the sign code that created a new subsection 18.96.020.27(a) Decoration and read it aloud from a document he submitted into the record. Roy Laird/419 Willow/Supported Mr. Ames' testimony and the proposed amendment as it would provide a practical and viable solution to the small wall graphic at the Ashland Book Exchange. He did not think it was the government's job to regulate artistic expression. The public was strongly against removing the mural and did not understand why the City required its removal. Jacquie Milikien/609 Oak Knoll Drive/Spoke on the decline of Monarch butterflies. Experts estimated a 90% decline in Monarch butterflies on the west coast over the past decade due to the loss of milkweed habitat through development and removal. She planted milkweed successfully and recently the last of 22 Monarch butterflies flew south. It proved that individuals could make a difference. Designating Ashland as a Bee City USA would help preserve these creatures. Peter Schroeder/572 Ray Lane/Urged Council to support Bee City USA. Becoming a Bee City USA would join place Ashland in the forefront of modern and responsible movement and send a message that Ashland was devoted to preserving the integrity of the environment for humans and bees. As an Entomologist at Southern Oregon University, he noticed firsthand the decline of bumblebees in the region, particularly the western bumblebee, and the very likely extinction of Franklin's bumblebee. Ashland becoming a Bee City USA would not reverse the decline but would help address the awareness and resolve of future Bee City USA cities across the nation to address the real problems bees and pollinators faced. Nancy Appling/684 Liberty Street/Explained her background as a master gardener, volunteer at North Mountain Park and described the pollinator gardens at the park and her experience with her own garden the yielded little due to pollination issues. She suggested a pollinator corridor that started with Ashland and went through the Rogue Valley. Dolly Warden/255 Colvert Road/Explained she was a beekeeper and member of Together for Talent as well as the Pollinator Project of Rogue Valley. She encouraged Council to join Bee City USA and help create a pollinator corridor from city to city so children would have the food they needed in the future. Every third bite taken was due to a pollinator. China currently had people brushing pollination dust onto fruit tree blossoms because of pollinator decline. Laura Ferguson/2253 Hwy 99 North/Explained she was an educator and had a business called the College of Melissae, Center for Sacred Beekeeping and studied bees from historical and scientific perspectives as well as the mythological and spiritual aspects of bees. Pollinators existed in the world for 200,000,000 years and created the world through co-evolution with flowers. Pollinators were the keystone and lynchpin species, everything above and below them will fail if removed. All pollinators needed support and protection. Minutes for the City Council Study Session October 20, 2014 Page 2 of 4 Kristine LeFever/2359 Blue Sky Lane/Looked forward to working with the City and Parks as a Bee City USA. Ashland was more than half way there with the parks system, lists of native drought tolerant, and pollinator friendly plants on the City website, the bee ordinance, and committed citizens. She was excited that Ashland would be the next Bee City USA. Sharon Schmidt/601 South Pacific, Phoenix/Explained she was organizing the Oregon Honey Festival that would occur November 15, 2014 at the Ashland Springs Hotel. She supported previous testimony and hoped Ashland would adopt the Bee City USA status. 2. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 3. Discussion regarding Bee City USA Proposal City Administrator Dave Kanner explained Bee City USA consideration involved Council adopting a resolution, designating a committee to oversee Bee City activities, hosting an annual celebration, and hanging a Bee City USA sign. The people interested in Bee City USA also approached the Parks Commission about overseeing the committee and were meeting with the Parks Commission following the Study Session. Council could wait and see if the Parks Commission was willing to take on the requirements of Bee City USA and support them by adopting the resolution. The group also reached out to the Conservation Commission and the Commission did see themselves as the appropriate body to head up the Bee City USA committee. If the Parks Commission agreed to serve in this capacity, Council would support them by adopting the resolution. Mayor Stromberg added Council could take further steps in terms of ordinances to protect and encourage pollinators. 4. Review and discussion of self-insurance for health benefits City Administrator Dave Kanner introduced Jeff Jones and Nancy Louris, health benefit consultants from J.L. Jones & Associates who were available to answer questions. Mr. Kanner explained how self- insurance worked administratively. It started with a budget for health benefits and a plan that matched available dollars. The City adopted a plan document that detailed benefits, deductibles, out of pocket expenses and coverage. The City then paid claims directly through a third party administrator (TPA) that had access to a separate account the City used to pay claims. Self-insurance eliminated profit from the plan. The City purchased two types of stop loss insurance, individual stop loss, and aggregate stop loss. They based the plan on the last plan from Pacific Source. The City set up an Employee Health Benefits Advisory Committee (EHBAC) composed of representatives from each bargaining unit that met every other month to look at trends, and discuss issues employees may have with the TPA. This year EHBAC reviewed suggestions from employees but ended up rejecting them all due to expense making only one change required by the Affordable Care Act. Council's role in self-insurance was establishing the budget for the insurance. Additionally Council was not personally liable. The first year the plan encountered a severe loss ratio of 89% while the first 3 months of this year the loss ratio was 60%. Claims were unpredictable and it was typical to have bad years. If the City did not finish this fiscal year with enough money to repay the loan, they would have to raise the premiums. Mr. Kanner addressed a claim denied twice that resulted in revising the claims appeal process. The second step for appeals was now the City Administrator. If an employee felt uncomfortable discussing the appeal with the City Administrator, the City would hire a hearings officer. By law, an Independent Review Officer (IRO) made the final decision regarding an appeal. Minutes for the City Council Study Session October 20, 2014 Page 3 of 4 The City needed a three-five year track record before exploring traditional lines outside the healthcare industry or joining other local self-insured organizations. Councilor Voisin suggested a Council committee that would oversee EHBAC. Mr. Kanner noted the City had saved $1,000,000 from moving to self-insurance. At the start of fiscal year 2014, staff budgeted $4,000,000 for health benefits that stayed flat for the current fiscal year. Staff was unsure what would have happened if the City stayed with Pacific Source but the average increase for CIS customers 13.5%. That would have made the City's premium $5,000,000 and instead it was $4,000,000. Council majority did not support forming an oversight committee for EHBAC. 5. Discussion of wall graphics Community Developer Director Bill Molnar provided background on the wall graphics that was set in the early 1980s creating the foundation for the current sign code. He noted the limited enforcement regarding murals on buildings. In 2008, artistic expression came into question and the Public Arts Commission created a venue for that. The sign code contained a wall sign category that allowed a mounted sign instead of painting the building itself. Public Arts Commissioner Dana Bussell explained the revised sign code in 2008 classified content as speech, in accordance with the first amendment whether it was imagery or verbiage. She addressed historic buildings and confirmed if a building was on the national register the Public Arts Commission could not paint on the building. City Administrator Dave Kanner commented the original intent of the code was to prevent owners of buildings from turning blank walls into advertisement. Ashland prohibited images unless declared as public art through the public art process. Questioning mounting a sign instead of painting a wall could be up for discussion. The City had a legitimate public interest in regulating the size of signs allowed on buildings and the treatment of building walls to maintain the integrity of the downtown area. Mr. Molnar explained a provision in the code that addressed a timeline for coming into compliance regarding signs. Another part of the code that considered prohibited signs a nuisance, including wall graphics and required removal were also subject to grandfathering. An historic sign inventory provision saved certain signs. A prohibited sign was nonconformity until the time of a building permit or something that involved a land use action either brought the sign into compliance or added it to the historic register. City Attorney Dave Lohman further explained grandfathering referred to the enactment of a new ordinance that allowed things already in place to remain. Passing an ordinance that retroactively allowed things the prior ordinance prohibited went against the first amendment. Removing the prohibition on wall graphics from the current ordinance would apply to past and future and create first amendment issues if the City decided to reinstate the prohibition later. The five-year easement requirement for murals gave the City control and responsibility of that part of the property in case the owner let it deteriorate. At the end of the five years, either the owner went through the Public Art process again or the mural was no longer public art because the public no longer had ownership. Mr. Molnar was aware of one community that allowed wall graphics as a type of sign but did not allow them on building facades included in the national register or contributing. Minutes for the City Council Study Session October 20, 2014 Page 4 of 4 Commissioner Bussell responded to a question on what the Public Arts Commission might have decided had the building owner gone through the process to make the small mural at the Ashland Book Exchange public art. She would not speak for the Commission and shared her personal opinion. The owner had drilled through part of the graphic to install an awning and that had created some damage. It was several years old and she was not aware of the condition. The composition was different because it was painted two different times. Her idea was cut out that section of the wall, display the mural in another place, and patch the wall. Mr. Lohman explained changing the definition of decoration and adding language to the prohibition section of the ordinance that no wall graphic was permitted except for decorations exempted under the definition of decorations would allow decorations in the signage area. Council could also allow a percentage of the signage area for decorations. He distributed a possible definition of decoration proposed by Mr. Laird that both Mr. Lohman and Mr. Molnar altered. He submitted the document into the record. Mr. Molnar commented staff generally had a chronology of attempts at enforcement so at the time the business changed, the City required the owner to meet the code. Council noted the Public Arts Commission had draft mural guidelines and suggested having them bring it to Council for review. Other suggestions would amend the sign ordinance to allow painting signs on walls and include decorations with the signage while retaining historic considerations. Council supported the Public Arts Commission bringing their draft mural guidelines to a future Council meeting. Council would review an ordinance that allowed painting signs on building walls for possible consideration. Council directed staff to bring a definition of decoration within the current limitations of the signage code. Council comment did not want historic building policy to change due to the change in the ordinance. Other comments did not want to restrict sign size while opposing comment wanted to retain size limitations. Staff clarified the City had a local historic building inventory that included contributing buildings with high historic value in addition to the national registry. Additional Council comment supported further review of small wall graphics but did not think the issue demanded the attention it was receiving. Council directed staff not to undertake enforcement on any existing graphics until the issue was resolved. Meeting adjourned at 7:14 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder CITY OF -ASH LAN D Council Communication December 16, 2014, Business Meeting Second Reading of an Ordinance Replacing Title 18 Land Use of the Ashland Municipal Code with a Restated and Revised Unified Land Use Ordinance FROM: Maria Harris, planning manager, harrism@ashland.or.us SUMMARY: The attached land use ordinance is proposed to replace Title 18 Land Use of the Ashland Municipal Code. The Planning Commission recommended approval of the reformatted and amended land use ordinance on July 22, 2014. The City Council held public hearings on August 19, 2014 and December 2, 2014, and further reviewed the key amendments at the October 7, 2014 and November 4, 2014 meetings. The Council approved first reading and moved the ordinance to second reading on December 2, 2014. BACKGROUND AND POLICY IMPLICATIONS: The revised land use ordinance combines the existing land use ordinance, site design and use standards, and street design standards into one document with improved organization, wording, formatting, and graphics. In addition, amendments are included to: address recommendations of the 2006 Land Use Ordinance Review, the planning application procedure evaluation, and green development evaluations; improve standards and procedures; standardize chapters; and address inconsistencies and clarify wording. The revised land use ordinance is also referred to as the Unified Land Use Ordinance (ULUO). The project web page includes background information on the project including a table of the amendments, current and past drafts of the land use ordinance, a meeting schedule, and meeting packets and videos. All but one of the edits made to the land use ordinance between first and second reading were to correct minor typographical, formatting, and cross-referencing errors. Staff made one substantive edit to the porous pavement exemption from lot coverage in residential zones in tables 18.2.5.030.A, B, and C on pages 2-40, 2-41, and 2-42. Specifically, the maximum size of the exempted porous solid surface was changed to two hundred square feet or five percent of lot coverage, whichever is less. The previous language said whichever is 2r eater. The Council directed staff to make this change at the October 7, 2014 meeting so that the exempted porous solid surface area is proportional to the lot size. This change was highlighted in the written and oral staff reports at the December 2, 2014 meeting. COUNCIL GOALS SUPPORTED: Goal 2. Promote effective citizen communication and engagement. Goal 13. Develop and support land use and transportation policies to achieve sustainable development. 13.1 Create incentives and ordinances for energy-efficient buildings. 13.2 Develop infill and compact urban form policies. Page I of 2 ~r, CITY OF -AS H LA N D 13.3 Support alternative transportation choices. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the second reading of the ordinance replacing Title 18 Land Use of the AMC with a restated and revised unified land use ordinance. SUGGESTED MOTION: I move to approve second reading of an ordinance titled, "An ordinance of the City of Ashland repealing Ordinance No. 2052 and replacing in its entirety existing Title 18 Land Use of the Ashland Municipal Code with a restated and revised unified land use ordinance." ATTACHMENTS: 1. An ordinance of the City of Ashland repealing Ordinance No. 2052 and replacing in its entirety existing Title 18 Land Use of the Ashland Municipal Code with a restated and revised unified land use ordinance 2. Exhibit A - City of Ashland Land Use Ordinance 3. Findings of Fact and Conclusions of Law in the matter of the City of Ashland repealing Ordinance No. 2052 and replacing in its entirety existing Title 18 Land Use of the Ashland Municipal Code with a restated and revised unified land use ordinance Page 2 of 2 Imo, ORDINANCE NO. AN ORDINANCE OF THE CITY OF ASHLAND REPEALING ORDINANCE NO. 2052 AND REPLACING IN ITS ENTIRETY EXISTING TITLE 18 LAND USE OF THE ASHLAND MUNICIPAL CODE WITH A RESTATED AND REVISED UNIFIED LAND USE ORDINANCE WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v International Ass'n of Firefighters Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, Oregon Statewide Planning Goal 2 - Land Use Planning and Chapter 197 of the Oregon Revised Statues require a land use planning process and policy framework as a basis for all decision and actions related to the use of land, and allow land use ordinances as an implementation measure to control land uses, development, and construction as measures for carrying out the Comprehensive Plan; and WHEREAS, AMC 18.108.170 allows amendments to the land use ordinance to conform to with the comprehensive plan or to meet other changes in circumstances and conditions; and WHEREAS, the Unified Land Use Ordinance is a reformatted version of Title 18 which combines the existing land use ordinance, site design and use standards, and street standards into a reformatted and amended document with improved organization, wording, formatting and graphics; and WHEREAS, the Unified Land Use Ordinance includes amendments to the existing Title 18 which are detailed in the table of land use ordinance and amendments and are intended to address recommendations of the 2006 Land Use Ordinance Review, the planning application procedure evaluation and green development evaluations; to improve standards and procedures; to standardize chapters; and to address inconsistencies and clarify wording; and WHEREAS, the City held a series of informal public meetings over the course of the project and prior to the public hearings to review and discuss the reformatted document and ordinance amendments including 22 Planning Commission meetings, nine advisory commission meetings, two focus group meetings, and an open house; and An Ordinance Amending AMC Title 18 Page 1 WHEREAS, the Planning Commission of the City of Ashland conducted a duly advertised public hearing on the amendments to Title 18 Land Use of the Ashland Municipal Code on July 22, 2014, and following deliberations, recommended approval of the amendments by a unanimous vote; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on August 19, 2014 and December 2, 2014, and following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the public health, safety, and welfare of existing and future residents of the City, it is necessary to revise the Ashland Land Use Ordinance in the manner proposed, that an adequate factual base exists for the amendments, that the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. Ordinance No. 2052 is repealed. SECTION 3. The document entitled "City of Ashland Land Use Ordinance," is attached hereto as Exhibit A is hereby adopted, replacing in its entirety the existing Title 18 Land Use of the Ashland Municipal Code. SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions, and text descriptions of amendments (i.e. Sections 1- 4) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. An Ordinance Amending AMC Title 18 Page 2 The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 32014, and duly PASSED and ADOPTED this day of , 2014. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2014. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney An Ordinance Amending AMC Title 18 Page 3 BEFORE THE CITY COUNCIL CITY OF ASHLAND, JACKSON COUNTY, OREGON December 16, 2014 In the Matter of the City of Ashland Repealing ) Ordinance No. 2052 and Replacing in its Entirety ) Existing Title 18 Land Use of the Ashland Municipal ) FINDINGS OF FACTAND Code with a Restated and Revised Unified Land Use ) CONCLUSIONS OF LAW Ordinance ) PURPOSE: Increase the clarity, responsiveness, and certainty of the development process and create incentives for energy, water, and land efficient development that supports a multi-modal transportation system to implement the 2011-2012 City Council goals. The revised land use ordinance combines the existing land use ordinance, site design and use standards, and street design standards into one document with improved organization, wording, formatting, and graphics. In addition, amendments are included that: address recommendations of the 2006 Land Use Ordinance Review, address the planning application procedure evaluation, and green development evaluations; improve standards and procedures; standardize chapters; and address inconsistencies and clarify wording. PUBLIC HEARINGS: On July 8, 2014 a notice of the Planning Commission public hearing was sent by mail to approximately 250 design and development professionals, contractors, advisory commission members, past planning applicants, and interested parties. On August 1, 2014 a notice of the City Council public hearing was sent by mail to approximately 250 design and development professionals, contractors, advisory commission, past planning applicants, and interested parties. Newspaper notices were published in accordance with AMC 18.108.170.1) in the Mail Tribune and Ashland Daily Tidings on July 12, 2014 prior to the Planning Commission public hearing on July 22, 2014, on August 9, 2014 prior to the August 19, 2014 City Council public hearing, and on November 21, 2014 prior to the December 2, 2014 City Council public hearing. The Oregon Department of Land Conservation and Development was notified of the legislative amendment on December 6, 2013 as required by ORS 197.610, OAR 660- 018-0020, and OAR 660-025-0080. A notice under ORS 227.175 was not required because the amendments do not involve a zone change affecting a manufactured home or mobile home park. A notice under ORS 227.186 was not required because the proposed amendments do not change the base zoning classification of any properties and do not limit or prohibit current land uses. Findings of Fact and Conclusions of Law Page 1 A Public Hearing was held at the Planning Commission on July 22, 2014. Public Hearings were held at the City Council on August 19, 2014 and December 2, 2014. REVIEW CRITERIA The decision of the City Council together with the recommendation by the Planning Commission was based on consideration and findings of consistency with the following factors. A. Consistency with City of Ashland requirements for legislative amendments in 18.108.170 B. Consistency with the City of Ashland Comprehensive Plan C. Consistency with the Oregon Statewide Planning Goals EVALUATION AND COUNCIL FINDINGS: A. Consistency with City of Ashland Requirements for Legislative Amendments in Section 18.108.170 18.108.170 Legislative Amendments A. It may be necessary from time to time to amend the text of the Land Use Ordinance or make other legislative amendments in order to conform with the comprehensive plan or to meet other changes in circumstances and conditions. A legislative amendment is a legislative act solely within the authority of the Council. B. A legislative amendment may be initiated by the Council, by the Commission, or by application of a property owner or resident of the City. The Commission shall conduct a public hearing on the proposed amendment at its earliest practicable meeting after it is submitted, and within thirty days after the hearing, recommend to the Council, approval, disapproval, or modification of the proposed amendment. C. An application for amendment by a property owner or resident shall be filed with the Planning Department thirty days prior to the Commission meeting at which the proposal is to be first considered. The application shall be accompanied by the required fee. D. Before taking final action on a proposed amendment, the Commission shall hold a public hearing. After receipt of the report on the amendment from the Commission, the Council shall hold a public hearing on the amendment. Notice of time and place of the public hearings and a brief description of the proposed amendment shall be given notice in a newspaper of general circulation in the City not less than ten days prior to the date of hearing. E. No application of a property owner or resident for a legislative amendment shall be considered by the Commission within the twelve month period immediately following a previous denial of such request, except the Commission may permit a new application if, in the opinion of the Commission, new evidence or a change of circumstances warrant it. Findings of Fact and Conclusions of Law Page 2 Section 18.108.170.A recognizes that the land use ordinance may need to be updated to meet other changes in circumstances and conditions. " The purpose of revising the land use ordinance is to make the document more user-friendly, and to update the development standards to make the planning application procedure more timely and predictable and to encourage energy, water, land efficiency and multi-modal transportation. The revised land use ordinance combines the existing land use ordinance, site design and use standards, and street design standards into one document with improved organization, wording, formatting, and graphics. In addition, amendments are included that: address recommendations of the 2006 Land Use Ordinance Review, address the planning application procedure evaluation, and green development evaluations; improve standards and procedures; standardize chapters; and address inconsistencies and clarify wording. The land use ordinance implements the community's vision as expressed in the Ashland Comprehensive Plan and governs the development of property within the City limits. The land use ordinance has been incrementally amended since it was originally adopted in 1964. Each update was prepared and adopted independently, and there are several documents that comprise the land use regulations (i.e., Land Use Ordinance, Site Design and Use Standards, Ashland Street Standards). The revised land use ordinance is organized and formatted so the document is easy to understand and navigate by the wide variety of people that use the code. The new document provides an approachable code framework by dividing the land use ordinance into six parts of related chapters. Information that was previously spread throughout multiple chapters is consolidated in tables for convenient reference. Twenty new graphics are added to the revised land use ordinance to clarify definitions and standards. The updated development standards and land use ordinance amendments are addressed in further detail in section B. The City Council finds that the revised and restated unified land use ordinance is consistent with the requirements for legislative amendments in Section 18.108.170. B. Consistency with the Ashland Comprehensive Plan A table summarizing the amendments is included in the August 19, 2014 City Council meeting packet. The table is divided into six sections - substantive amendments, development and design standards, procedures, new language for standardization, housekeeping, and new graphics. All of the amendments in the table were noted in the first and second drafts of the revised land use ordinance that the Planning Commission reviewed and discussed in meetings from September 2012 thru July 2014. Section 1 in the table of proposed amendments describes substantive amendments or those amendments that could be considered or perceived as significant policy changes. Most of the substantive amendments are from three sources - the 2006 Land Use Ordinance Review, the green development evaluation, and the procedures evaluation. Findings of Fact and Conclusions of Law Page 3 Staff added a fourth "other" category under the substantive amendments. These issues are related to the other substantive amendments or were issues involved in past appeals. Sections 2 and 3 in the table of proposed amendments include other less significant amendments to the development and design standards and procedural requirements. Section 4 describes the new language added to the code which is largely comprised of purpose and applicability sections for newly combined chapters or for chapters that previously didn't specify the purpose or applicability. Section 4 also includes new definitions for words that are used in the land use ordinance, but were previously not defined. Section 5 includes housekeeping amendments to correct inconsistencies and delete language that is no longer applicable. The Ashland Comprehensive Plan includes a variety of goals and policies that establish the basis for revising the land use ordinance to improve citizen involvement, to accommodate future population and employment growth, to accommodate a mix of uses and housing types, to maintain a compact urban form, to facilitate pedestrian and bicycle trips, to concentrate housing and businesses with '14 to'/2 of a mile transit routes, and to reduce energy consumption in the community. The Ashland Comprehensive Plan goals and policies implemented by the substantive amendments in the revised land use ordinance are described below. Chapter I Historic Resources and Chapter 4 Environmental Resources Chapter I requires the preservation of historically significant structures and sites in Ashland. Chapter 4 requires protecting life, property, and environmental resources from flooding and wildfire; directing development to stable slopes; maintaining water quality; and protecting riparian areas, wetlands, natural areas, and wildlife habitats. The amendments to the historic resource, environmental resource, and natural hazard regulations are for purposes of clarification and do not change the content of the standards. There are no amendments to the regulations concerning environmental resources. The City's existing ordinance provisions for floodplains, water resources, hillsides, severe constraints areas, and the wildfire zone remain in effect. The standards have been reformatted but are substantially the same. Chapter 3 Citizen Participation and Involvement Chapter 3 of the Ashland Comprehensive Plan requires the City to ensure opportunities for citizens to be involved in all phases of the planning process. In addition, Policy 5 says, "The City should develop education material such as guidelines, handouts, etc. to increase understanding of the City codes by the general public. " The public process for the project and the revised land use ordinance satisfy the citizen participation and involvement goals and policies. The Planning Commission held 21 public meetings throughout the process to review and discuss drafts of the revised land use code and proposed amendments. In addition, drafts of the revised land use ordinance were reviewed at ten advisory commission meetings including the Conservation, Historic, and Housing, Tree, and Transportation Findings of Fact and Conclusions of Law Page 4 commissions. In addition to the Planning Commission work sessions, an open house was held on June 20, 2013, and three focus group meetings of design and development professionals were held on June 10, 2013, September 23, 2013, and August 18, 2014. The open house was an informal drop-in setting where participants could have one-on-one discussions with staff members. The focus group meetings included a staff presentation and informal roundtable discussions. The open house and focus group meetings covered the code organization and format, amendment highlights, and the evaluations of the planning application procedures and green development measures. Three hundred postcards announcing the open house and focus group meetings and the project web site were mailed to design and development professionals, contractors, advisory commission members, and past planning applicants on June 10, 2013. The open house was also announced in the Ashland Daily Tidings. The project web page www.ashland.or.us/unifiedcode was created at the beginning of the project and updated with draft documents, a meeting schedule, and meeting packets and videos. For the formal adoption process, a notice of the Planning Commission public hearing was sent by mail to approximately 250 design and development professionals, contractors, advisory commission members, past planning applicants, and interested parties on July 8, 2014. On August 1, 2014 a notice of the City Council public hearing was sent by mail to approximately 250 design and development professionals, contractors, advisory commission members, past planning applicants, and interested parties. A topic was posted on Open City Hall asking for feedback on the format and proposed amendment at the beginning of the public hearing process. Newspaper notices were published in accordance with AMC 18.108.170.1) in the Mail Tribune and Ashland Daily Tidings on July 12, 2014 prior to the Planning Commission public hearing on July 22, 2014, on August 9, 2014 prior to the August 19, 2014 City Council public hearing, and on November 21, 2014 prior to the December 2, 2014 City Council public hearing. The Oregon Department of Land Conservation and Development was notified of the legislative amendment on December 6, 2013 as required by ORS 197.610, OAR 660- 018-0020, and OAR 660-025-0080. A notice under ORS 227.175 was not required because the amendments do not involve a zone change affecting a manufactured home or mobile home park. A notice under ORS 227.186 was not required because the proposed amendments do not change the base zoning classification of any properties and do not limit or prohibit current land uses. A Public Hearing was held at the Planning Commission on July 22, 2014. Public Hearings were held at the City Council on August 19, 2014 and December 2, 2014. Findings of Fact and Conclusions of Law Page 5 One of the goals of the project was to present the information contained in the existing land use ordinance and design standards in one user-friendly document. The revised land use ordinance meets this project goal by combining the existing land use ordinance, site design and use standards, and street design standards into one document with improved organization, wording, formatting, and graphics. The revised land use ordinance provides an approachable code framework by dividing the document into six parts of related chapters. Information that was previously spread throughout multiple chapters is consolidated in tables for convenient reference. Twenty new graphics are added to the revised land use ordinance to clarify definitions and standards. Procedural amendments are made to improve the timeliness and predictability of the planning application process and are described under Chapter 7 Economy. Outside of these amendments, the amendments to the review procedures are primarily for purposes of clarification and do not substantially change the planning application or legislative process. The procedures have been reformatted but are substantially the same. Chapter S Population Projections and Growth, Chapter 6 Housing, Chapter 7 Economy, Chapter 12 Urbanization, and Chapter 14 Regional Plan Chapter 5 requires providing for the needs of the expected population growth and maintaining diversity of income, cultural, and age groups in Ashland's population. Chapter 6 requires that a variety of dwelling types and housing opportunities are provided for the total cross-section of Ashland's population consistent with preserving the character and appearance of the City. Chapter 7 requires ensuring that the local economy increases in its health, and diversifies in the number, type, and size of businesses consistent with local social needs, public service capabilities, and the retention of a high quality environment. Chapter 12 requires maintaining a compact urban form, including an adequate supply of vacant land in the City, and ensuring orderly and sequential development of land in the City limits. Chapter 14 adopts the goals of the Regional Plan to manage future regional growth for the greater public good; conserve resource and open space lands for their important economic, cultural, and livability benefits; and recognize and emphasize the individual identity, unique features, and relative competitive advantages and disadvantages of each community within the region. Amendments are included concerning residential development. First, the planning approval process for accessory residential units in the single-family zones, is simplified to a site design review process in section 18.2.3.040 rather than the previous conditional use permit and site design review requirement. This amendment is intended to encourage a smaller housing type with affordable rent levels, to provide consistency in the planning application process in single-family and multi-family zones, and to address the performance indicators in the Regional Plan Element of the Ashland Comprehensive Plan concerning accommodating future population growth within the City's existing boundaries. The second amendment involves increasing the affordable housing density bonus in multi-family developments and subdivisions in sections 18.2.5.080.F.3.d and 18.3.9.050.B.4 to promote the construction of affordable housing by increasing the incentive to incorporate affordable housing units in market rate projects. The third amendment changes the minimum separation between two primary buildings in multi- Findings of Fact and Conclusions of Law Page 6 family zones in section 18.2.5.030.A to provide a separation standard that is proportional to the size of buildings, to provide consistency with the single-family zones, and to provide more flexibility in building placement in the multi-family zones. Finally, the standards for manufactured homes on individual lots and in manufactured home developments are updated in sections 18.2.3.170 and 18.2.3.180 for consistency with the requirements for single-family homes siting and subdivisions. Outside of the aforementioned amendments, the City's ordinance requirements related to housing remain in effect. The standards have been reformatted but are substantially the same. Amendments are included that provide the flexibility to increase the concentration of jobs and residential units on transit corridors by increasing the allowable floor area, use the employment land supply efficiently, and address the performance indicators in the Regional Plan Element of the Ashland Comprehensive Plan concerning accommodating future growth within the City's existing boundaries. The building setback from an abutting residential zone is changed to 10 feet for side yards in the E-1 zone in section 18.2.6.030 for consistency with the C-1 and C-1- D zones. In section 18.2.6.030, the building height in the C-1 zone is allowed with a conditional use permit to be increased from three to four stories if the building is located a least 100 feet form a residential zone. Procedural amendments are made to improve the timeliness and predictability of the planning application process. The effective date of a Type II decision is changed to ten days in section 18.5.1.060.17, and the planning approval and extension timelines are increased to 18 months and 24 months in sections 18.1.6.030.A and 18.1.6.040.A respectively. The threshold for a public hearing for non-residential site design review application is increased to buildings 15,000 square feet or larger or additions of more than 50 percent of an existing building's square footage in section 18.5.2.030.13 to provide a more expedited and less resource intensive review process for economic development project in the employment areas of Ashland. The City's other existing ordinance requirements related to commercial, employment, and industrial zones are unchanged and remain in effect. The standards have been reformatted but are substantially the same. Chapter 8 Parks, Open Space, and Aesthetics Chapter 8 requires providing a variety, quantity, and quality of parks, park facilities, open spaces, trails, and visual resources sufficient for the people of Ashland. The standards have been reformatted but are substantially the same. Chapter 9 Public Services and Chapter IO Transportation Chapter 9 requires providing public utilities, services, and facilities in an orderly, efficient, and environmentally sensitive way and in sufficient quantity to meet needs now and in the future. Sections 18.4.6.070, 18.4.6.080, and 18.4.6.090 are included in the revised land use code to clarify the approval criteria "adequate capacity" of public facilities (water, sewer, storm drainage, and electric) for land divisions, site design Findings of Fact and Conclusions of Law Page 7 review, conditional use permits, and annexations. Public improvements are required to be connected to City facilities and consistent with the City's adopted facility master plans. Outside of the aforementioned additions, the existing ordinance requirements related to public utilities remain in effect. The standards have been reformatted but are substantially the same. Chapter 10 focuses on people being able to move easily through the City by all modes of travel. The goals address the various modes of transportation, including providing all citizens with safe and convenient transportation while reinforcing public rights-of-way as critical public spaces; raising the priority of convenient, safe, accessible, and attractive walking and bicycling networks; creating a public transit system that is linked to pedestrian, bicycle, and motor vehicle travel modes; and providing efficient and effective movement of goods, services, and passengers by air, rail, water, pipeline, and highway freight transportation while maintaining the high quality of life in Ashland. Policy 10.09.02.3 of Chapter 10 states that, "Design streets as critical public spaces where creating a comfortable and attractive place that encourages people to walk, bicycle, and socialize is balanced with building an efficient travel corridor. Design streets with equal attention to all right-of-way users and to promote livability of neighborhoods. " The commercial and employment design standards in section 18.4.2.040.B. La and b are amended to limit parking to one side of the building and to require the building to occupy the majority of the street frontage. The amended commercial design standards are intended to locate buildings in new development along the majority of the lot's street frontage to enhance the environment for walking, cycling, and mass transit use by locating the concentration and mix of uses close together and creating an interesting street wall. The same amendments that implement the goals in Chapter 5 Population Projections and Growth, Chapter 6 Housing, Chapter 7 Economy, Chapter 12 Urbanization, and Chapter 14 Regional Plan also address the goals of Chapter 10 Transportation by providing the flexibility to increase the concentration of jobs and residential units on transit corridors by increasing the allowable floor area. An increased concentration and mix of uses supports and encourages walking, bicycling, and transit trips. Policy 10.19.02.2 states that, "Zoning shall allow for residential densities and a mix of commercial businesses within walking distance (one-quarter to one-half mile) of existing and planned public transit services which support use ofpublic transportation. " Policy 10.15.06.2 of Chapter 10 states that, "Promote a mixed land use pattern, were appropriate, and pedestrian environment design that supports walking and bicycling trips. " The building setback from an abutting residential zone is changed to 10 feet for side yards in the E-1 zone in section 18.2.6.030 for consistency with the C-1 and C-1- D zones. In section 18.2.6.030, the building height in the C-1 zone is allowed with a conditional use permit to be increased from three to four stories if the building is located t least 100 feet form a residential zone. Outside of the aforementioned amendments, the City's existing ordinance requirements for parking requirements and street design remain in effect. The standards have been Findings of Fact and Conclusions of Law Page 8 reformatted but are substantially the same. Chapter 11 Energy, Air, and Water Conservation Chapter 11 requires reducing energy consumption within the community. Policy 3.d says, "Passive solar design and sun tempering are very cost effective in new home construction. They shall be encouraged in new housing developments and individual houses. " An amendment is included in section 18.4.8.050 requiring land divisions in residential zones to orient new streets and buildings so that the long sides of lots and buildings face north and south for maximum solar access. The amendment is consistent with Chapter 11 by reducing future energy consumption through the protection of properties' access to solar energy. Outside of the aforementioned solar orientation standard, the City's existing ordinance requirements related to energy, air, and water conservation remain in effect. The standards have been reformatted but are substantially the same. The City Council finds that the revised and restated unified land use ordinance is consistent with the goals and policies in the Ashland Comprehensive Plan. C. Consistency with Oregon Statewide Planning Goals Oregon Statewide Planning Goal 2 - Land Use Planning, as well as Chapter 197 of the Oregon Revised Statues require a land use planning process and policy framework as a basis for all decision and actions related to use of land. Specifically, plans and implementation measures such as ordinances controlling use and construction are permitted as measures for carrying out Comprehensive Plans. Goal I Citizen Involvement Goal 1 requires cities to develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. The Planning Commission held 21 public meetings throughout the process to review and discuss drafts of the revised land use code and proposed amendments. In addition, drafts of the revised land use ordinance were reviewed at ten advisory commission meetings including the Conservation, Historic, and Housing, Tree, and Transportation commissions. In addition to the Planning Commission work sessions, an open house was held on June 20, 2013, and three focus group meetings of design and development professionals were held on June 10, 2013, September 23, 2013, and August 18, 2014. The open house was an informal drop-in setting where participants could have one-on-one discussions with staff members. The focus group meetings included a staff presentation and informal roundtable discussions. The open house and focus group meetings covered the code organization and format, amendment highlights, and the evaluations of the planning application procedures and green development measures. Three hundred postcards announcing the open house and focus group meetings and the project web site were mailed to design and development professionals, contractors, Findings of Fact and Conclusions of Law Page 9 advisory commission members, and past planning applicants on June 10, 2013. The open house was also announced in the Ashland Daily Tidings. The project web page www.ashland.or.us/unifiedcode was created at the beginning of the project and updated with draft documents, a meeting schedule, and meeting packets and videos. For the formal adoption process, a notice of the Planning Commission public hearing was sent by mail to approximately 250 design and development professionals, contractors, advisory commission members, past planning applicants, and interested parties on July 8, 2014. On August 1, 2014 a notice of the City Council public hearing was sent by mail to approximately 250 design and development professionals, contractors, advisory commission members, past planning applicants, and interested parties. A topic was posted on Open City Hall asking for feedback on the format and proposed amendment at the beginning of the public hearing process. Newspaper notices were published in accordance with AMC 18.108.170.1) in the Mail Tribune and Ashland Daily Tidings on July 12, 2014 prior to the Planning Commission public hearing on July 22, 2014, on August 9, 2014 prior to the August 19, 2014 City Council public hearing, and on November 21, 2014 prior to the December 2, 2014 City Council public hearing. The Oregon Department of Land Conservation and Development was notified of the legislative amendment on December 6, 2013 as required by ORS 197.610, OAR 660- 018-0020, and OAR 660-025-0080. A notice under ORS 227.175 was not required because the amendments do not involve a zone change affecting a manufactured home or mobile home park. A notice under ORS 227.186 was not required because the proposed amendments do not change the base zoning classification of any properties and do not limit or prohibit current land uses. A Public Hearing was held at the Planning Commission on July 22, 2014. Public Hearings were held at the City Council on August 19, 2014 and December 2, 2014. One of the goals of the project was to present the information contained in the existing land use ordinance and design standards in one user-friendly document. The revised land use ordinance meets this project goal by combining the existing land use ordinance, site design and use standards, and street design standards into one document with improved organization, wording, formatting, and graphics. The revised land use ordinance provides an approachable code framework by dividing the document into six parts of related chapters. Information that was previously spread throughout multiple chapters is consolidated in tables for convenient reference. Twenty new graphics are added to the revised land use ordinance to clarify definitions and standards. Procedural amendments are made to improve the timeliness and predictability of the planning application process and are described under Chapter 7 Economy. Outside of these amendments, the amendments to the review procedures are primarily for purposes Findings of Fact and Conclusions of Law Page 10 of clarification and do not substantially change the planning application or legislative process. The procedures have been reformatted but are substantially the same. Goal 2 Land Use Planning Goal 2 requires cities to establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land. The amendments are consistent with the Ashland Comprehensive Plan as addressed in section B above. Goal 5 Scenic, Historic, and Natural Resources Goal 5 requires cities to adopt programs that will protect natural resources and conserve scenic, historic, and open space resources for present and future generations. The amendments to the historic resource and environmental resource are for purposes of clarification and do not change the content of the standards. The City's existing ordinance provisions for floodplains, water resources, hillsides, severe constraints areas, and the wildfire zone remain in effect. The standards have been reformatted but are substantially the same. Goal 6 Land Resources Goal 6 requires cities to maintain and improve the quality of air, water, and land resources of the state. There are no amendments to the regulations concerning environmental quality or air and water resources. The standards have been reformatted but are substantially the same. Goal 7 Natural Hazards Goal 7 requires cities to plan to reduce the risk to people and property from natural hazards. The amendments to the existing natural hazard regulations are for purposes of clarification and do not change the content of the standards. The City's existing ordinance provisions for floodplains, water resources, hillsides, severe constraints areas, and the wildfire zone remain in effect. The standards have been reformatted but are substantially the same. Goal 8 Parks and Recreation Goal 8 requires cities to plan for future parks and recreation needs. The City's existing ordinance requirements for open space in subdivisions and public space in large-scale commercial development remain in effect. The standards have been reformatted but are substantially the same. Goal 9 Economy Goal 9 requires cities to plan for future employment and provide an adequate supply of sites of suitable, sizes, types, and locations for a variety of industrial and commercial uses consistent with plan policies. Amendments are included that provide the flexibility to increase the concentration of jobs and residential units on transit corridors by increasing the allowable floor area, use the employment land supply efficiently, and address the performance indicators in the Regional Plan Element of the Ashland Comprehensive Plan concerning accommodating Findings of Fact and Conclusions of Law Page 11 future growth within the City's existing boundaries. The building setback from an abutting residential zone is changed to 10 feet for side yards in the E-1 zone in section 18.2.6.030 for consistency with the C-1 and C-1- D zones. In section 18.2.6.030, the building height in the C-1 zone is allowed with a conditional use permit to be increased from three to four stories if the building is located a least 100 feet form a residential zone. Procedural amendments are made to improve the timeliness and predictability of the planning application process. The effective date of a Type Il decision is changed to ten days in section 18.5.1.060.17, and the planning approval and extension timelines are increased to 18 months and 24 months in sections 18.1.6.030.A and 18.1.6.040.A respectively. The threshold for a public hearing for non-residential site design review application is increased to buildings 15,000 square feet or larger or additions of more than 50 percent of an existing building's square footage in section 18.5.2.030.13 to provide a more expedited and less resource intensive review process for economic development project in the employment areas of Ashland. The City's other existing ordinance requirements related to commercial, employment, and industrial zones are unchanged and remain in effect. The standards have been reformatted but are substantially the same. Goal 10 Housing Goal 10 requires cities to plan for future population and housing needs and provide an adequate supply of residential land for a variety of housing types. Amendments are included concerning residential development. First, the planning approval process for accessory residential units in the single-family zones is simplified to a site design review process in section 18.2.3.040 rather than the previous conditional use permit and site design review requirement. This amendment is intended to encourage a smaller housing type with affordable rent levels, to provide consistency in the planning application process in single-family and multi-family zones, and to address the performance indicators in the Regional Plan Element of the Ashland Comprehensive Plan concerning accommodating future population growth within the City's existing boundaries. The second amendment involves increasing the affordable housing density bonus in multi-family developments and subdivisions in sections 18.2.5.080.F.3.d and 18.3.9.050.B.4 to promote the construction of affordable housing by increasing the incentive to incorporate affordable housing units in market rate projects. The third amendment changes the minimum separation between two primary buildings in multi- family zones in section 18.2.5.030.A to provide a separation standard that is proportional to the size of buildings, to provide consistency with the single-family zones, and to provide more flexibility in building placement in the multi-family zones. Finally, the standards for manufactured homes on individual lots and in manufactured home developments are updated in sections 18.2.3.170 and 18.2.3.180 for consistency with the requirements for single-family homes siting and subdivisions. Outside of the aforementioned amendments, the City's ordinance requirements related to housing remain in effect. The standards have been reformatted but are substantially the Findings of Fact and Conclusions of Law Page 12 same. Goal 11 Public Facilities Goal 11 requires cities to plan for adequate public facilities and to provide standards for serving planned growth. Sections 18.4.6.070, 18.4.6.080, and 18.4.6.090 are included in the revised land use code to clarify the approval criteria "adequate capacity" of public facilities (water, sewer, storm drainage, and electric) for land divisions, site design review, conditional use permits, and annexations. Public improvements are required to be connected to City facilities and consistent with the City's adopted facility master plans. Outside of the aforementioned addition, the existing ordinance requirements related to public utilities remain in effect. The standards have been reformatted but are substantially the same. Goal 12 Transportation Goal 12 and the State Transportation Planning Rule (TPR), OAR 660, Division 12, require cities to plan for an interconnected, multi-modal transportation system. Development standards must provide for transportation options, efficient street widths, and parking requirements that support compact, mixed-use development. The commercial and employment design standards in section 18.4.2.040.B.1.a and b are amended to limit parking to one side of the building and to require the building to occupy the majority of the street frontage. The amended commercial design standards are intended to locate buildings in new development along the majority of the project's street frontage to enhance the environment for walking, cycling, and mass transit use by locating the concentration and mix of uses close together and creating an interesting street wall. The same amendments that implement Goal 9 Economy also address Goal 12 Transportation by providing the flexibility to increase the concentration of jobs and residential units on transit corridors by increasing the allowable floor area. An increased concentration and mix of uses supports and encourages walking, bicycling, and transit trips. The building setback from an abutting residential zone is changed to 10 feet for side yards in the E-1 zone in section 18.2.6.030 for consistency with the C-1 and C-1- D zones. In section 18.2.6.030, the building height in the C-1 zone is allowed with a conditional use permit to be increased from three to four stories if the building is located a least 100 feet form a residential zone. ' Outside of the aforementioned amendments, the City's existing ordinance requirements for parking requirements and street design remain in effect. The standards have been reformatted but are substantially the same. Goal 13 Energy Conservation Goal 13 requires cities to manage and control land development to maximize the conservation of energy based on sound economic principles. An amendment is included in section 18.4.8.050 requiring land divisions in residential zones to orient new streets and buildings so that the long sides of lots and buildings face north and south for Findings of Fact and Conclusions of Law Page 13 maximum solar access. The amendment is consistent with Goal 10 by reducing future energy consumption through the protection of the properties access to solar energy. Outside of the aforementioned solar orientation standard, the City's existing ordinance requirements related to streets and public utilities remain in effect. The standards have been reformatted but are substantially the same. The City Council finds that the revised and restated unified land use ordinance is consistent with the applicable Statewide Planning Goals. OVERALL COUNCIL CONCLUSIONS The City Council finds and determines the requirements for a legislative amendment have been fully met, based on the detailed findings set forth herein and the detailed findings and analysis of the Planning Commission, together with all staff reports, addenda and supporting materials in the whole record. Specifically the Council finds that the revised and restated unified land use ordinance is consistent with City of Ashland requirements for legislative amendments in 18.108.170, the Ashland Comprehensive Plan, and the Oregon Statewide Planning Goals. Accordingly, based on the above Findings of Fact and Conclusions of Law, and based upon the evidence in the whole record, the City Council hereby APPROVES the ADOPTION of an ordinance of the City of Ashland repealing Ordinance No. 2052 and replacing in its entirety existing Title 18 Land Use of the Ashland Municipal Code with a restated and revised unified land use ordinance. Ashland City Council Approval John Stromberg, Mayor Date Signature authorized and approved by the full Council this 16th day of December, 2014. Attest: Barbara Christensen, City Recorder Date Approved as to form: David Lohman, Ashland City Attorney Date Findings of Fact and Conclusions of Law Page 14