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HomeMy WebLinkAbout2015-0407 Council Agenda PACKET CITY OF ASHLAND Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda, 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 April 7, 2015 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 II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Study Session of March 16, 2015 2. Executive Session of March 17, 2015 3. Business Meeting of March 17, 2015 VI. SPECIAL PRESENTATIONS & AWARDS 1. Proclamation of April 26 to May 2, 2015 as Independent Media Week in Ashland 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. FEMA Fire Protection & Safety grant application 2. Contract with SHI, Inc. for Microsoft Office 365 3. Confirmation of Mayoral appointment of an Interim Police Chief 4. City forestlands prescribed underburning 5. Letter of Support for Proposed Cascade-Siskiyou Scenic Bikeway Designation 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 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 None XI. NEW AND MISCELLANEOUS BUSINESS 1. Request from Public Art Commission for increase of funds for a public art beautification project along the theater path from East Main Street to the Thomas Theatre 2. Review of BN 2015-2017 Capital Improvement Program and BNs 2017-2019 and 2019-2021 projects in concept 3. Approval of cooperative improvement agreement with ODOT concerning Siskiyou Welcome Center and rest area 4. Request from Lithia Artisan Market to hang pennants from two cobra light poles on Winburn Way XII. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Approval of a resolution titled, "A resolution adopting the special event policy and fees for special events and repealing Resolution 2012-08" 2. Second reading of an ordinance titled, "An ordinance amending chapters 18.2.2, 18.2.3, 18.4.3, 18.4.7, and 18.6.1 of the Ashland Land Use Ordinance relating to definitions and accessory traveler's accommodations in various residential zoning districts" 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 Ashland City Council Meeting March 17, 2015 Page 1 of 9 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL March 17, 2015 Council Chambers 1175 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, Seffinger, Rosenthal, and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg moved agenda item 1. First reading by title only of an ordinance titled, "An ordinance amending Chapter s 18.2.2, 18.2.3, 18.4.3, 18.4.7, and 18.6.1 of the Ashland Land Use Ordinance relating to definitions and accessory travelers' accommodations in various residential zoning districts" under ORDINANCES, RESOLUTIONS AND CONTRACTS to PUBLIC HEARINGS. In addition, he moved agenda item 1. Process for Implementing Welcome Signs Beautification project under NEW AND MISCELLANEOUS BUSINESS after the CONSENT AGENDA. Mayor Stromberg went on to announce the retirement of Police Chief Terry Holderness, thanked, and commended him for his outstanding efforts. Chief Holderness thanked the Council and City for the opportunity to serve as the Police Chief and for their support. Council noted Chief Holderness' success as a professor at Southern Oregon University (SOU) and how his leadership and communication skills helped shape the Police Department and that he introduced the nationally acclaimed program You Have Options. APPROVAL OF MINUTES The minutes of the Study Session of March 2, 2015 and Business Meeting of March 3, 2015 were approved as amended to reflect rewording of comments made by Mr. Green on March 3, 2015 under Public Forum as the following, "Expressed his feelings about local police conduct in the community." SPECIAL PRESENTATIONS & AWARDS Tree Commission Chair Greg Trunnell provided the annual presentation from the Tree Commission. To date, the Tree Commission had reviewed and made recommendations on thirty-five land use applications, conducted the Arbor Week events for 2014, tabled at Earth Day 2014 and began discussing the street tree removal process. He noted the upcoming events and the Tree of the Year award going to Southern Oregon University (SOU) for a large Silver Maple. He explained the criteria needed to meet Tree City USA requirements. He noted the loss of two trees due to improper protection during construction and not following the correct process for moving trees. The City intended to remove the 2014 Ashland Tree of the Year on Clay Street. As the City continued growth plans, tree would become obstacles. The Tree Commission asked Council to remain vigilant in the City's tree protection strategies. Councilor Rosenthal thought the Tree of the Year process and methodology required review by the Tree Commission. He noted there was a lot involved regarding the removal of the 2014 Tree of the Year and encouraged the Tree Commission to do their best to avoid the politics if possible. Councilor Marsh suggested the Tree Commission run a campaign to encourage residents to plant trees as trees age. Chair Trunnell would add the suggestion to the next Tree Commission meeting. Councilor Voisin responded to Councilor Rosenthal's comment and noted as the Liaison for the Tree Commission she had not found them to be political. They were extremely committed to the life and sanctity of trees, especially old growth trees. The Mayor's proclamations of April 5 to 11, 2015 as Arbor Week in Ashland and a Culture of Peace Community were read aloud. Ashland City Council Meeting March 17, 2015 Page 2 of 9 Eric Sirotkin/2026 Ashland Mine Road/Thanked the Mayor and Council for endorsing a Culture of Peace Community. Public Works Director Mike Faught explained the potential for drought this summer was highly probable. Having the Talent Ashland Phoenix Intertie (TAP) in place would provide an alternative if drought occurred. Currently snowpack was slightly higher than the previous year at 16 inches. Hyatt Lake and Howard Prairie were 37%-43% full. Both lakes provided water to the Talent Irrigation District (TID) the City used to supplement the water supply. He recommended keeping the reservoir full for as long as possible. In the event Ashland ran out of all water sources and needed to use 4 million gallons a day (mgd) out of the reservoir, the supply would last only 43 days. He suggested having that amount reserved by September 2015. TID would run similar to last year and shut down September 24, 2015 if the current weather pattern continued. Generally, the City could pull 1 mgd daily from the TID without shutting off supply to downstream users. Once the need rose above that, they would shut off users downstream. The City could shut off users upstream from Ashland if needed by notifying the users they could no longer use TID then use enforcement. Mr. Faught would look into the possibility of TID banking water in reserve for use later in the season. Staff would put together messaging on how to water landscapes and trees during a drought and bring it to Council at a future meeting. Mr. Faught would also provide the rate increase of water per gallon if the City had to use TAP. Reeder reservoir needed to remain at 65% of the capacity of the reservoir or 170,000,000 gallons. Mayor Stromberg noted the need to keep old legacy trees watered to prevent fire hazards. He had also supported moving TAP to 3 mgd. The current 2 mgd was for indoor use. PUBLIC FORUM Marcus Scott/1205 Talent Avenue, Talent, OR/Explained he was the manager for the Lithia Artisans Market and described issues they had regarding the street light pole pennant permit. He requested Council consider recognizing the Lithia Artisans Market of Ashland as an approved designee of the City of Ashland. This would allow the group to apply for a banner permit. Councilor Lemhouse/Rosenthal m/s to place the item at the end of the agenda under New Business. Voice Vote: all AYES. Motion passed. Joseph Kauth/1 Corral Lane/Explained poison hemlock was a nationwide problem. He suggested a task force to address the problem. He went to address the Ashland Forest Resiliency (AFR) project and the appearance of poison hemlock at the same time. He suggested AFR replace the young trees removed with rhododendrons. CONSENT AGENDA 1. Minutes of Boards, Commissions, and Committees 2. Liquor license application for Aaron Glover dba The Organic Alcohol Co. 3. Recommendation for endorsement from the Public Art Commission for Main Street banner 4. Solid Waste and Collection Rate resolution 5. Request to increase and extend contract for Terra Survey-special procurement 6. Appointment of Danielle Amarotico to the Transportation Commission 7. Approval of MOU between the Ashland Police Department, Jackson County Sheriffs Department, and the Jackson County Sexual Assault Response Team 8. Approval of a resolution titled, "A resolution authorizing a loan from the Safe Drinking Water Revolving Loan Fund by entering into a financing contract with the Oregon Infrastructure Finance Authority" 9. Approval of an Intergovernmental Agreement for Lidar Data acquisition Ashland City Council Meeting March 17, 2015 Page 3 of 9 Council pulled Consent Agenda items #3 and #7 for further discussion. Deborah Hofer represented Southern Oregon University, addressed Consent Agenda Item #3, and explained that Southern Oregon Arts and Research (SOAR) held an annual weeklong campus celebration of student research and faculty work. SOAR was seeking endorsement from the Public Arts Commission to hang a banner across Main Street during the May 11-15, 2015 celebration. Police Chief Terry Holderness addressed Consent Agenda Item #7 and explained the Police Department was looking into using volunteers and researching applicable grants to help staff the You Have Options Program. One of the reasons for moving the existing program to the Jackson County Sherriff's office was the lack of space at the Ashland Police Department. City Administrator Dave Kanner added the Jackson County Sherriff's Department had made formatting changes to the memorandum of understanding but the content remained the same. Councilor Voisin/Seffinger m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed. NEW AND MISCELLANEOUS BUSINESS 1. Process for Implementing Welcome Signs Beautification project Management Analyst Ann Seltzer explained the criteria requirement for placemaking experience was part of environmental graphic design. Council suggested using vandal and graffiti resistance material for the signs and changing the eligibility from graphic designers to qualified professionals. Ms. Seltzer confirmed all three signs would be the same but could vary in shape and size depending on the location. Councilor Lemhouse/Marsh m/s to approve the proposed process to implement permanent welcome signs. DISCUSSION: Councilor Lemhouse considered the members on the Public Arts Commission, art professionals who knew about the business of art and how to implement art. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 1. First reading by title only of an ordinance titled, "An ordinance amending Chapters 18.2.2, 18.2.3, 18.4.3, 18.4.7, and 18.6.1 of the Ashland Land Use Ordinance relating to definitions and accessory travelers' accommodations in various residential zoning districts" PUBLIC HEARING OPEN: 7:43 p.m. Jordan Parker/137 North Main/Did not support opening RI zoning for short-term rentals. It would have deleterious effect on achieving the affordable housing goal and greatly reduce rental stock. Short-term vacation rental companies had rapidly developed a well-documented history of running roughshod over long established zoning ordinances creating an enforcement nightmare. He urged Council to preserve the sanctity of single- family zones from commercial activity. Douglas Smith/60 Granite Street/Passing the ordinance would take away the present rights of R-1 owners in favor of new business interests not compatible with protecting residential character. Other towns reliant on tourism had restricted areas. Changing the R-1 rules altered the contract the City had with all R-1 residents. This was a new trend fostered by short-term vacation rental corporations. Actual results showed that online short-term rentals in Ashland had occupancy that was not yet full. It created unfair competition with Bed and Breakfast and short-term accommodations in legal areas. Linda Smith/60 Granite Street/Described traffic and parking on Granite Street and did not want to see more vehicles parking on the street for short-term rentals in R1 zone. Her neighbors next door were renters given an eviction notice so the property owners could use the house as a short-term vacation rental. It was upsetting because there were already several houses on Granite Street that rented part time. Mary Coombs/70 North Mountain Avenue/Supported the ordinance and did not think enforcement would not Ashland City Council Meeting March 17, 2015 Page 4 of 9 be a problem. She explained how the short-term rental companies managed parking and suggested modifying the food restriction to no prepared food. James Orr/407 Clinton StreetNoiced his opposition to the proposal. He had firsthand experience with an illegal rental operation next door. His Home Owners Association also expressed opposition and voted unanimously to oppose the proposal. Half of the homes in his area would be able to apply for a conditional use permit. This was a quality of life issue. He attended most of the Planning Commission meetings regarding short-term rentals in R-1. None of the meetings explained the economic need to expand the number of places available for tourists, or noted a lack of adequate options already available. Adam Lemon/451 North Main Street/Read from the Ashland Municipal Code 2.12 and 2.14 regarding the duties of the Planning Commission and Planning Hearings Board. At the last Planning Commission meeting, the Chair requested a motion to table ATA's in the R-1 zone. Instead, a motion not to allow ATA's in R-1 zones was made that resulted in a split vote. A split vote was not a recommendation to proceed. Council should cease further discussions of the ATA or an ordinance the Planning Commission did not endorse with a unanimous or majority vote. Steve Larson/635 Siskiyou Blvd/Licensing accessory travelers' accommodations (ATA's) in R-1 neighborhoods violated the very essence of the R-1 designation. R-2 and R-3 zones existed for people interested in having a 24-hour a day business. If the ordinance passed, hundreds of owners would apply for a license for ATA's in every neighborhood. Enforcing vehicle traffic, rooms rented, the presence of the proprietor, and kitchen use would be difficult. Jennifer Bacon/602 Fairview/Explained she was one of the former owners of the Ashland Hostel and ran a Bed and Breakfast as well. She was acutely aware of the need for budget accommodations in Ashland. Not having budget accommodations resulted in lost revenue for the city and merchants. Code Compliance Specialist Kevin Flynn had noticed no discernible impact from traffic, parking, or nuisance regarding short-term home rentals. She urged Council to allow short-term vacation rentals in R-1 zones. Kevin Boog/40 Granite Street/Was a long-term renter over 25 years in Ashland and saw rents skyrocket while the availability dwindled. Allowing travelers' accommodations in R-1 zones would limit middle to low income rentals further. He questioned the ability to enforce the new accommodations. There was an illegal travelers' accommodation just a few doors from his place and the owners did not live there. The Code Compliance Officer was aware of the situation but the illegal activity continued. This past fall the owners rented the house to a young couple with a baby on a monthly basis without informing the renters that in the spring it would return to a vacation rental. He was concerned this tactic would catch on. He questioned if the City would put concerns about low rents for tourists over low rents for community members. Ronna Smith-Hileman/570 Siskiyou Blvd/Had lived in a tourist town in the past. Young families could not rent or buy homes resulting in a decline of schools and the town itself. She encouraged Council not to support the ordinance. Laura Smith/1100 Paradise Lane/Disallowing short-term rentals in R-1 zones were arbitrary and discriminatory to property owners. Micro managing individuals' personal decisions regarding their own property over stepped reasonable government oversight. When Council talked about affordable housing, they should recognize and think very clearly about all the property owners just barely living in Ashland whose property taxes help build affordable housing for others. If the City was serious about affordable housing, people who lived in Ashland needed the right to make their own home affordable through whatever gentle means they could employ. Tom DaBois/690 South Mountain Avenue/Reminded Council of conversations over the past two years asking for fair treatment and the same exact opportunities given to every other home based business that have operated harmoniously over the last twenty years and was fair and reasonable. Ashland City Council Meeting March 17, 2015 Page 5 of 9 Sidney Taylor for Annie Dunn/Ms. Taylor read Ms. Dunn's statement that explained she was a current owner of the Ashland Hostel and what the Hostel offered. The letter noted the trend during the past two years of long- term rentals ending in spring. The fact that people offering and reserving short-term rentals were good people was not relevant. The real issue at hand was the covenant between the City and the homeowners in R-1 districts. Catherine Moore/473 Maple Way/Respectively requested Council vote no to changing R-1 residential zoning to include short-term rentals. As a long-term renter, she watched affordable long-term rentals slowly diminish over the past five years. She witnessed friends, citizens, and non-citizens transform long-term rentals both legally and illegally into short-term rentals for quick increased profit. After seven years of renting a house in the Rail Road District, new owners evicted her to convert the house into a higher profit generator. A house previously a long-term rental in her neighborhood was being remodeled for short-term use. Larry Chase/509 James Street, Talent/Ran and operated a short-term rental in 2011 from a house he rented. It was successful with no deleterious effect on the neighborhood that many opponents claim would happen. As a non-Ashland resident, he urged the City to pass a reasonable ordinance that allowed short-term accommodations in R-1 zones. He asked Council to revisit the prohibition of renters being allowed to offer accessory travelers accommodations. He cited ordinances that allowed home occupant businesses and renters to conduct businesses from their homes through a lease agreement from the property owner. Steven Richie/1480 Windsor Street/Purchased a house in an R-1 zone and rented it as a short-term vacation rental unaware of the City rules. Disappointed, he sold the property and purchased a legal vacation rental in the C-1 zone. He now had a large mortgage, higher property taxes, and operating expenses but accepted it because the rental was legitimate and legal. Allowing short-terin rentals in R-1 zones was unfair to those who followed the rules. His rental was 30% booked for 2015. Other legal short-term rentals were not fully booked. Opening R-1 for short-term rentals would lead to more problems than any small increase in revenue to the City would justify. Val Bachmayer/172 Skidmore Street/Spoke as a former land use planner from Washington state. In a situation like this, they would give written notice to all the residents of any zoning change. Her concern was young families living next to a short-term rental with renters changing every couple of days or weekly. She noted earlier testimony regarding home based businesses and did not know of many with overnight customers. She asked Council before they passed anything to give notice to the residents in the R-1 zone and the opportunity to comment, possibly anonymously. Francisca Amery/860 Ashland Street/Recently moved to the area and spoke on the difficulty of renting due to the money property owners made from short-term rentals. She ended up having to purchase a house. The town she moved from was like Ashland only ten years from now where most of the locals had moved and the town was now full of tourists. She asked Council not to make R-1 short-term rentals legal. Ellen Campbell/120 Gresham Street/The proposed ordinance could not protect long-term rental stock. The Planning Commission recognized that and could not unanimously recommend the ordinance. People testifying for the ordinance already had long-term rentals in R-1 zones, wanted their rentals legalized or converted to short-term accommodations and would evict long-term renters to do so. If the ordinance passed, there would be less affordable rentals, citywide rent increases, and affordable housing issues would worsen. She urged Council to make the decision best for the whole community. Abby Hogge/1700 Parker Street/Explained her family was able to move back to Ashland by purchasing a foreclosed home. Because of the opportunity they had with a short-term accommodation, they were able to overhaul the home and add value to the neighborhood. They were not scary outlaws but members of the community who also wanted to protect their neighborhoods. According to the last Census, over 50% of Ashland's housing stock went to long-term renters and the average in the state was 35%. She asked Council not to deny this evolution and limit regulations to where no one could participate. There was no evidence Ashland City Council Meeting March 17, 2015 Page 6 of 9 showing that host occupied stays had a greater impact than long-term renters did, or a home business. Donald Hunsaker/448 Clinton Street/Strongly opposed short-term rentals in the R-1 zone. It destroyed the sanctity of the R-1 zone. He shared his work experience as a planner noting there was always a greater public good behind each project. He could not find the public good in allowing short-term rentals in the R-1 zone. It would become an enforcement nightmare. He supported all the testimony that opposed short-term rentals in the R-1 zone. John Baxter/831 Liberty Street/Owned a long-term rental and kept the rent low for affordability. They also rented a room out in their house in a residential zone on a short-term basis and stopped when they discovered it was illegal. When they rented the room there were no complaints from the neighbors and no impact on the neighborhood. It made their house more affordable for them. That was an important consideration because there were many people trying to afford to remain living in Ashland. He thought short-term rentals would be good for the economy. People had raised legitimate concerns. The ordinance would address those concerns. PUBLIC HEARING CLOSED: 8:59 p.m. Community Development Director Bill Molnar confirmed the City allowed accessory travelers' accommodations in R-2 and R-3 zones within 200-feet of a major street or in the Historic District. This left approximately 300 properties not eligible for short-term accommodations. There were 1,500 properties in R-2 and R-3 zones within the 200-feet of a major street that could provide travelers' accommodations. Ashland had an estimated 9,000 homes in Ashland with 50% rented. This was typical of university towns. Planning Commission member Michael Dawkins explained Council had asked the Commission to create an ordinance and discuss whether the Commission supported travelers' accommodations in the R-1 zone or not. The Commission was neutral on the matter. City Administrator Dave Kanner noted during the summer, the total occupancy rate for all available lodging units in Ashland was 75%-80% and had remained constant for years. Hotels held the highest occupancy rates while Bed and Breakfasts had the lowest. Over the course of a year, the occupancy rate for Bed and Breakfasts was well below 50%. The occupancy level for short-term vacation rentals was also below 50% but slightly higher than Bed Breakfasts. Occupancy rates were typically determined July through September. Mr. Molnar explained there were 2,200 properties in R-2 and R-3 zones and 1,500 within 200-feet of a major road. Removing the 200-foot requirement would allow all 2,200 to convert to short-term home rentals. Initially, the 200-foot boundary maintained an equal playing field and controlled traffic. Statistically a travelers' accommodation generated more traffic than a single family home. Since accessory travelers' accommodations (ATA's) were single units, the 200-foot limitations did not apply as much. Commissioner Dawkins added removing the 200-foot rule would disperse short-term rentals throughout the community instead of concentrating them to specific areas. Other Commission discussions noted concern that the R-2 zone was often a "dumping ground" for different uses. Mr. Molnar anticipated some impact on staff if the ordinance passed but did not think they would need additional resources. He explained the current process the Code Compliance Specialist used regarding short- term rentals and went on to describe the application and permit process. The majority of people operated within the confines of their approval. He confirmed that C-1, E-1, R-2, and R-3 zones could have short-term rentals. The Planning commission had the authority as part of a conditional use permit (CUP) to grant the CUP for a specific period, with a CUP review at an additional charge. This was usually case-by-case and did not happen often. The original travelers' accommodation ordinance had a provision for the first three years the applicant came back and staff processed an administrative Type 1 approval, noticing the surrounding properties as an opportunity for the City to determine complaints. The City charged a fee for each review. After three consecutive years of review, the applicant received permanent approval. The provision repealed ten years ago Ashland City Council Meeting March 17, 2015 Page 7 of 9 because there were very few circumstances where owners operated outside the conditions of their initial approval. The home occupation permit allowed hone occupation from 7:00 a.m. to 7:00 p.m. The City was not required to notice every property within the R-1 zone. Notice to properties was required if the City was limiting land use or removing existing land uses. In R-1 zone there were 5,200 properties and 2,200 in the R-2 zone. The CUP would require neighbor notification of any property within 200-feet. Staff defined the parking requirements to resemble parking for a single family home. The requirement intended to limit physical changes to a property that might be more disruptive to the neighborhood. City Attorney Dave Lohman further clarified noticing. The matter before Council was a legislative change and did not require noticing the entire community. Legislative changes tended to benefit some, not all. Mr. Kanner noted the ordinance did not change the definition of travelers' accommodations or repeal the provision that travelers' accommodations were allowed in R-2 and R-3 zones within 200-feet of a major street. Mr. Molnar explained a property owner or a business owner could manage a standard travelers' accommodation and could have one to nine units depending on location. They could provide meals and kitchen facilities. Accessory travelers' accommodations were limited to the homeowner of the property, one unit with one reservation at a time with a maximum of two bedrooms, no more than two people per bedroom. Kitchen facilities were not allowed nor were prepared meals. Standard travelers' accommodations in R-2 and R-3 zones suggested structures be at least 20 years old but were not a requirement. Commissioner Dawkins added the Planning Commission determined if the unit had a kitchen, it could be a long- term rental. The Commission did not assume there would not be a coffee maker, microwave, or a small refrigerator. The unit could have an outside entrance. Councilor Marsh thought the substantive question was whether the short-term rental model undermined the character of the neighborhoods. She did not think it belonged in the R-1 neighborhoods. It made sense to have them in R-2 and R-3 zones outside the 200-foot requirement. Councilor Marsh/Seffinger m/s to approve First Reading of an ordinance amending chapters 18.2.2, 18.2.3, 18.4.3, 18.4.7, and 18.6.1 of the Ashland Land Use Ordinance relating to definitions and Accessory Travelers Accommodations in various zoning districts, and move the ordinance on to second reading with the following amendments: • Table 18.2.2.030 Uses Allowed by Zone, E. Commercial Uses, Accessory Travelers' Accommodation changing "CU+S" to "N" under R-1 and R-1-3.5 to prohibit that use. • 18.2.3.220 Travelers' Accommodation, last line, first paragraph, strike (i.e. more than one guest unit). • C. Accessory Travelers' Accommodations strike (1), (7), and (8). DISCUSSION: Councilor Marsh clarified the amendments would maintain travelers' accommodations as they currently were, within 200-feet in R-2 and R-3 zones. It would allow accessory travelers' accommodations, the rental of a single bedroom, single traveling party, to parts of R-2 and R-3 outside of the 200-foot requirement. It would not allow travelers' accommodation or accessory travelers' accommodations in R-1 or R-1-3.5. It would also remove the home occupation prohibition on travelers' accommodations per staff recommendation. Councilor Seffinger added it would provide additional housing for travelers without affecting the R-1 zones. It was important to protect affordable housing and encourage diversity in Ashland. Quality of life in R-1 neighborhoods was of paramount concern. Councilor Lemhouse thought the motion presented a compromise and expanded opportunities in R-2 and R-3 zones. The amendments were reasonable and allowed for some expansion of opportunities for commerce in Ashland City Council Meeting March 17, 2015 Page 8 of 9 those areas. It was appropriate for the City to zone certain uses throughout the town. Councilor Morris explained there were places in R-1 and R-2 zones where travelers' accommodations would work as well as places in both zones it would not work. It was difficult to tell people what they could or could not do with their property. He would support the motion and was not sure it was the end of the matter. Councilor Voisin visited several travelers' accommodations in town the year before and thought travelers' accommodations would work for the community. Over the past four weeks, she realized there were many people in the R-1 zone concerned with the issue and it changed her mind. Opening up the potential for 2,710 to ATA's was too much. Enforcement would present issues. There was a covenant with R-1 homeowners to keep that zone truly residential. Councilor Rosenthal was concerned of the impact ATA's would have on the affordability of housing. He was not comfortable having them in R-1 and R-1-3.5 zones. Any Council action that created inflationary pressure on property values at a time when affordable housing was a civic priority sent an inconsistent message. He would not support the motion. Roll Call Vote: Councilor Marsh, Voisin, Morris, Lemhouse, and Seffinger, YES; Councilor Rosenthal, NO. Motion passed 5-1. Mr. Lohman explained a public hearing was not required for the second reading of the ordinance. Council could take public input on the agenda item if they wanted. Traditionally they took public input on the changes only and did not allow the same people who spoke earlier to testify again. UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS-continued 2. Citizen Budget Committee appointments City Recorder Barbara Christensen explained prior to the meeting a third Budget Committee member resigned. The three positions each had different terms. Council discussed options for appointing the candidates. Some suggested appointing each applicant to a term by the dates the City received the applications and another suggestion thought it should go by experience. Councilor Seffinger/Voisin m/s to appoint Pamela Lucas to the Citizen Budget Committee with a term ending December 31, 2018; to appoint William Gates to the Citizen Budget Committee with a term ending December 31, 2016 and appoint Shaun Moran to the Citizen Budget Committee with a term ending December 31, 2015. DISCUSSION: Councilor Seffinger explained this was the order of experience she had determined from the applications. Councilor Voisin agreed and commented she was not able to interview Shaun Moran. Councilor Lemhouse noted they were each good candidates. Regarding experience, Mr. Moran earned his degree in 1989 and Ms. Lucas earned hers in 1990. Councilor Marsh added all the candidates were outstanding, could be reappointed at the end of their terms, and disassociated from the hierarchy laid out in the motion. Councilor Rosenthal agreed with Councilor Marsh these were three viable candidates. He disagreed with the notion that for three Councilors, this was their opinion of the order the applicants should go in and that did not represent the other four voters. Appointing the positions through tabulation was the fairest way. Roll Call Vote: Councilor Voisin, Mayor Stromberg, Seffinger, and Marsh, YES; Councilor Morris, Lemhouse, and Rosenthal, NO. Motion passed 4-3. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. First reading by title only of an ordinance titled, "An ordinance amending Chapters 18.2.2, 18.2.3, 18.4.3, 18.4.7, and 18.6.1 of the Ashland Land Use Ordinance relating to definitions and accessory travelers' accommodations in various residential zoning districts" Item moved to Public Hearing portion of agenda. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Discussion of hanging flower basket program City Administrator Dave Kanner explained at the February 17, 2015 meeting Council approved a program of hanging flower baskets using cascading petunias on cobra-style light installations in the downtown. At the March 3, 2015 Council Meeting, a Bee City advocate came forward and asked the City to substitute some Ashland City Council Meeting March 17, 2015 Page 9 of 9 petunias baskets with pollinator plants instead. Four Seasons Nursery was willing to substitute four baskets at no additional cost. Mr. Kanner distributed and submitted into the record a map depicting where the pollinator baskets might go. He was not sure if the baskets would attract yellow jackets and wasps. The Bee City advocates did not think it would present a problem. The locations were outside City Hall and by the Wells Fargo Bank, across the street from the gas station on Lithia Way. Councilor Voisin expressed concern for the herbicide Four Seasons Nursery would use on the baskets that might harm the pollinators. Councilor Seffinger clarified Four Seasons Nursery would spray at night with a three-hour period before the bees appeared. It should not affect pollinators. Mr. Kanner further clarified spraying would occur at between midnight and 2:00 a.m. Councilor Lemhouse did not support adding pollinator baskets. There were many people seriously concerned with bee farming and allergic reactions to bees in town. Councilor Seffinger/Voisin m/s to substitute four baskets of pollinator friendly flowers for baskets of petunias in the areas identified by staff. DISCUSSION: Councilor Seffinger stated as an environmental issue, it was of upmost importance regarding global climate change and issues with crops and pollination. Pop cans attracted wasps. They did not seek out plants. It was worth a trial. If there was a problem, they could remove the plants. Councilor Voisin agreed with Councilor Seffinger. Ashland was a Bee City and needed to have pollinating plants. This was a good, measured way to go. Councilor Lemhouse appreciated the comments but wanted the downtown to feel inclusive for people with bee allergies. He would oppose the motion. Roll Call Vote: Councilor Rosenthal, Voisin, Seffinger, Marsh and Morris, YES; Councilor Lemhouse, NO. Motion passed 5-1. 2. Discussion regarding consideration of officially recognizing the Lithia Artisans Market of Ashland as an approved designee of the City of Ashland. Council added the topic to the next meeting. Councilor Lemhouse announced that Councilor Rosenthal was taking thirteen little league baseball players to the first baseball exchange with Ashland's Sister City Guanajuato during spring break. Councilor Voisin voiced appreciation for one of her favorite staff people, Tami DeMille-Campos. She explained Ms. Demille-Campos' role and her expertise transcribing minutes. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 10:30 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor City Council Study Session March 16, 2015 Page 1 of 4 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, March 16, 2015 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:35 p.m. in the Siskiyou Room. Councilor Lemhouse, Morris, Rosenthal, Voisin, Seffinger, and Marsh were present. 1. Public Input (15 minutes maximum) - (None) 2. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 3. WISE Project Update Steve Mason, program manager for Water for Irrigation Streams and Economy (WISE) explained WISE was a new irrigation infrastructure project that would pipe irrigation throughout the Rogue Valley. The Bureau of Reclamation owned half of the 35,000 acres of water including the Talent Irrigation District (TID). Rogue Valley received approximately 30,000-acre feet of water from the Klamath Basin annually. He explained water flow throughout the valley and provided a presentation that included the following: Why Wise? 2001 Water crisis in Klamath Basin • Protect Agriculture amid urban growth Protect and restore local streams How WISE? • Proactive approach • Inclusive partnerships • Think big • Long term solutions: Technology, Economies, Regulations WISE Project Goals • Increase summer stream flows • Improve water quality • Improve water temperature • Improved irrigation water reliability • Improved irrigation water availability WISE Project Area Map Possible Sources of Additional Water • Conserved Water: Piped/lined irrigation canals o Increased reservoir storage capacity: Agate • Pumped water o Regional Water Reclamation Facility o Lost Creek Reservoir via Rogue River WISE Piping Layouts Map Specific Irrigation Benefits Conserved water available for irrigation: 22,297 - 30,998 - 39710 (A/F) Piping open canals would save 31,000-acre feet of water in a normal weather year. City Council Study Session March 16, 2015 Page 2 of 4 • Gravity pressure system • Reduced shortages: 77 - 4,674 - 8,019 (A/F) • Extended drought protection • More flexible water availability • Minimal moss and algae in system • Greatly reduced canal/pipe maintenance • Hydropower generation Instream Benefits • More water instream • Potentially increased flows in tribs 0 2,103 - 9,895 - 20,207 (A/F) o Stored water component in reservoirs o Conserved water from surface rights o Water exchange from reuse component • Elimination of mixed canal and live flows • Significantly improved water quality Ashland Creek had a diversion accessed by the irrigation district. The WISE project would eliminate the need for the diversion and the water would remain in the creek. Water rights would stay the same. Conversion reduction would significantly decrease fertilizers getting into the water. People getting their water from the streams would have new laterals and require easements. Issues • Stormwater management • Perceptions regarding use of Reclaimed effluent • Environmental impacts - vernal pools, wetlands, canal-side vegetation • Shallow wells WISE Project Timeline 2010 - Complete Prefeasibility Study • 2012 - Begin Cost Benefit Analysis 2014 - Being FS/EIS • 2015 - Complete CBA • 2015 - Construct WISE Pilot Project 2016 - Complete FS/EIS The project would pipe most of the canals coming from Immigrant Creek to Starlite Place. From Starlite Place on there was a chance for Ecoli and unless the City piped, those influences would continue. Mr. Mason confirmed no piping until the power plant. They would line some of the canals coming from the mountain lakes. Piping the water would not affect wildlife. Currently, the canals were dry for six months each year already. Riparian areas and wetlands would be significantly healthier and fish instream would do well. Private water users would not see a change in their water rights. Funding would from the Bureau of Reclamation, WISE, the state, developers and commercial growers. 4. Ashland Conservation Commission - Community Climate and Energy Action Plan proposal Conservation Commissioner Jim McGinnis provided the background on the Council goal for sustainability planning, the Conservation Commission's framework proposal, and Council's earlier request for the Commission to determine the steps needed to develop a climate and energy action plan. City Council Study Session March 16, 2015 Page 3 of 4 The Conservation Commission reviewed several plans from other communities. Highlights from the overall assessment was that both the community and city government were involved in the planning and implementation process that was sponsored and lead by city or county government. They dedicated sustainability staff to lead the process, performed communitywide greenhouse gas assessments and set local emission targets to align with state emission targets. Activities that would fit well in Ashland included community workshops and meetings, education on climate change, goals and strategies for the next 5, 20, and 50 years, and adaptation strategies integrated with mitigation strategies. Conservation Commissioner Brian Sohl addressed the Eugene Climate and Energy Plan adopted by the City of Eugene. The Plan contained four initial goals and targets. Goal 1 was all city operations and facilities were carbon-neutral by 2020. Goal 2 aligned targets for greenhouse gas emissions reductions with the state. The third goal would reduce levels of fossil fuel use 50% by 2030. Goal 4 identified adaptation strategies for climate change. City of Eugene staff identified six action areas that included Buildings and Energy, Food and Agriculture, Land Use and Transportation, Consumption and Waste, Health and Social Services and Urban Natural Resources. Eugene established a Climate and Energy Action Plan Advisory Team and a public engagement process that involved each of the six action areas. Eugene City Council endorsed the plan instead of formally adopting it due to the detail. When the plan went into implementation, the City of Eugene hired another staff person. Commissioner Sohl went on to explain how actions taken by two Eugene citizens group called Our Children's Trust and the Youth Climate Action Now (YouCan) resulted in a climate recovery ordinance passed July 2014. By 2030 the city organization, businesses, and residents living or working in Eugene will collectively reduce fossil fuels 50%. Conservation Commission Chair Mami Koopman addressed next steps, explained the plan needed to be community driven, collaborative, and recommended an oversight group with members from different sectors. The group would deal with greenhouse gas emission, hunger, homelessness, air quality, water shortages, and traffic congestion. Local experts would help set greenhouse gas emissions targets for the community. Another important component of the plan was ongoing outreach. The plan was iterative with reassessments occurring every three years. The planet would already experience 30 years of worsening climate change. Emission cuts would prevent the most serious consequences 50-100 years from now. It would take a long time to change. The Commission estimated the effort would require .5 FTE full time equivalent (FTE) in staff time or the equivalent in contractor assistance during this biennium to manage the development of the plan in year one and implement the plan year two in the spring of 2016. The Conservation Commission would include the senior community for transportation input. The education component would begin with the kick off in 2015. They would use similar tactics used in the economic development strategy to form the committee and contact local experts. If the committee formed through the City, the Mayor would participate in appointing members. The Commission was not sure how the City would handle the consequences for missed goals. Eugene City Council endorsed the plan and adopted the ordinance later. The ordinance had three mandates that provided more flexibility. The departments for the City of Eugene were responsible for meeting goals. City Administrator Dave Kanner explained a contracted .5 FTE was the better option for City staff. Mr. McGinnis noted the STAR framework the Conservation Commission proposed to Council previously and explained the Commission would address the framework during the process. City Council Study Session March 16, 2015 Page 4 of 4 Mr. Kanner would include the plan in the budget. A Council appointed committee made it subject to public meetings laws. Staff could add the committee to the website. The City would form the committee first then hire a contract consultant to facilitate the process. Council and Mayor expressed concern that the plan have actual actions the City and community could initiate and complete within a short period. One comment suggested including the work the Ashland Forest Resiliency (AFR) performed as part of the plan. 5. Discussion of utility billing surcharge for Ashland Forest Resiliency project Councilor Marsh was interested in further developing a utility fee as a long term funding mechanism for the Ashland Forest Resiliency (AFR). There was a significant nexus between watershed health that enabled the municipal water system and a utility fee. The fee would be transparent and dedicated. Increasing property taxes would not allow the City to dedicate specific funds to the watershed since the funds went into the General Fund. There was concern the fee was regressive. Councilor Marsh thought it could be structured to become less regressive. This already occurred in the fee structure for storm water. It would cost an estimated $1.50 per residential household with a gradation that implemented different fee structures for commercial and government. City Administrator Dave Kanner explained a utility tax had the advantage of bringing in revenue from a broader base because everyone depended on the watershed, but not everyone paid property tax. Having a flat fee was regressive. The City could use a methodology where larger water users paid more. It would not be exact. The City could look at meter size or charge a percentage of use but that was difficult to manage. Another possible issue were individuals refusing to pay the surcharge. Was Council willing to shut off someone's water if that happened. If Council approved a utility tax, he recommended it as a watershed maintenance fee instead of a fuels reduction fee. Forest Resource Specialist Chris Chambers addressed other funding options. The US Forest Service hosted Collaborative Forest Restoration Partnerships that affected larger landscapes and consisted of $4,000,000. It would require a mobilized regional effort to apply and was a possibility in the future. The Merkley-Wyden bipartisan bill protected the existing money and did not create a new funding source. The state had the Oregon Watershed Enhancement Board grant that provided a smaller amount, approximately $3,700. Mr. Kanner explained increasing the existing water fund fee 1% would produce $50,000-$60,000 in revenue. Council wanted to see more funding options, future grants, ways to make the utility fee more progressive, and the possibility of a two-year sunset on the fee with the potential to extend. Other comments preferred a fixed amount on the utility bill and that it applied to everyone. Meeting adjourned at 7:16 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder ~ nl; ft Eb n e • Y t p ~Y , a 4L " '7 Z P l4 CL ` i 12 Q ,9 v~ t\ 3: tb RAM ° PROCLAMATION ~ 27 • A well-informed citizenry is a cornerstone of democracy. An informed citizenry depends on an objective, responsible and unrestrained press, which provides greater access to accurate information, .more points of view and greater diversity of thought and fact. • The trend toward the consolidation of media ownership has resulted in ° fewer media voices which can cause a homogenized message and a lack ' of variety in points of view. Q • Democratic principles support the case for more independent media in 00 WOO this country, with many editorial points of view. NOW, THEREFORE; the City Council and Mayor, on behalf of the citizens ° of Ashland, do hereby proclaim the week of April 26 - May 2, 2015 as INDEPENDENT MEDIA WEEK 6' and encourage all Ashland citizens to seek out and explore the rich diversity of independent media available within, and to our community. 00 ©O r Dated this 7th day of April, 2015 John Stromberg, Mayor ° Barbara Christensen, City Recorder o~ ° e` o o Cc, o 61 CC, Q A Pam tY GoJ F.v P~U d Il b/ ° d `Od oaf C1 !(VW k w 1' V--, C°w kKx~klap ki V ~~%P b CITY OF -ASHLAND Council Communication April 7, 2015, Business Meeting FEMA Fire Prevention & Safety Grant Application FROM: Margueritte Hickman, Division Chief, Fire, margueritte.hickmangashland.or.us SUMMARY Ashland Fire & Rescue seeks approval to apply for a Federal Emergency Management Agency Fire Prevention & Safety Grant in an amount not to exceed $100,000 to fund a fire sprinkler demonstration and training trailer and residential fire sprinkler campaign. The grant requires matching funds in the amount of $5000 which will be budgeted in FY 2016 if approved by the Council. The receipt of this grant would provide the opportunity for Ashland Fire & Rescue and surrounding departments to provide residential fire sprinkler education to the public, firefighters, and the building community. BACKGROUND AND POLICY IMPLICATIONS: Ashland Fire & Rescue is dedicated to protecting lives, property and the environment, as indicated by our mission statement. One of the most effective ways to protect lives, both civilian and firefighters, is through the installation of residential fire sprinklers. The National Fire Protection Association (NFPA) is the nation's leading source of fire service statistics and standards. The NFPA's 2012 Impact of Home Sprinklers on Firefighter Injuries reports a 65% reduction in firefighter injuries during fire suppression efforts in home fires with fire sprinklers. NFPA's 2012 US Experience with Sprinklers reports that the death rate per fire is 82% less and property loss is 68% less in homes with fire sprinklers. Ashland Fire & Rescue intends to educate the public on the benefits of residential fire sprinklers and how to maintain a fire sprinkler system in a reliable manner. Unlike commercial systems which require annual service by a professional, residential fire sprinkler systems are maintained by the homeowner. While Ashland has not experienced a fire fatality in more than 10 years, there have been 64 fires that have occurred in one and two family dwellings over the last 11 years. Residential fire sprinklers provide occupants more time to escape, thus assisting an age in place strategy, and residential fire sprinklers typically provide property protection as well. They also net greener results in the event of a fire: less water is used on the fire, less contaminated water runoff, less smoke emissions because the fire lasts less time and is smaller overall, less building damage requiring less materials to repair, and less damage to things results is less materials sent to the landfill. The grant application is due April 17, 2015. Fire sprinkler education is one of the priorities indicated in this year's Fire Prevention & Safety Grant. COUNCIL GOALS SUPPORTED: 6. Develop supports to enable citizens to age in Ashland. 24. Support innovative programs that protect the community. Page 1 of 2 ~r, CITY OF -AS H LAN D FISCAL IMPLICATIONS: The City of Ashland would be responsible provide matching funds up to $5,000 in order to receive up to $95,000 to fund this project. Funding for this project will be provided from the Fire Department budget. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff requests the approval of this grant application. SUGGESTED MOTION: I move to approve Ashland Fire & Rescue's application for a Federal Emergency Management Agency Fire Prevention & Safety Grant in an amount not to exceed $100,000 to fund a fire sprinkler demonstration and training trailer and residential fire sprinkler campaign. ATTACHMENTS: Grant overview Page 2 of 2 US Department of Homeland Security Funding Opportunity Announcement (FOA) FY 2014 FIRE PREVENTION AND SAFETY GRANT PROGRAM Overview Information Issued By US Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), Grant Programs Directorate (GPD) Catalog of Federal Domestic Assistance (CFDA) Number 97.044 CFDA Title Assistance to Firefighters Grant Funding Opportunity Announcement Title Fiscal Year (FY) 2014 Fire Prevention and Safety Grant Program (FP&S) Authorizing Authority for Program Section 33 of the Federal Fire Prevention and Control Act of 1974, Pub. L. No. 93-498, as amended (15 USC § 2229) Appropriation Authority for Program Department of Homeland Security Appropriations Act, 2014 (Pub. L. No. 113-76) Opportunity ID Number DHS- I4-GPD-044-000-98 Key Dates and Time Application Start Date: 03/16/2015 at 8:00 a.m. ET Application Submission Deadline: 04/17/2015 at 5:00 p.m. ET Anticipated Funding Selection Date: N/A Anticipated Award Date: No later than 09/30/2015 Other Key Dates Projected Award Start Date(s): 06/01/2015 Projected Award End Date(s): 09/30/2015 Intergovernmental Review Is an intergovernmental review required? ❑ Yes ® No Pursuant to Executive Order 12372, an intergovernmental review may be required by applicable State law or regulation. Applicants must contact their State's Single Point of 1 Contact (SPOC) to find out about and comply with the State's process under Executive Order 12372. Name and addresses of the SPOCs are maintained at the Office of Management and Budget's homepage at http://www.whitehouse.gov/omb/grants spoc to ensure currency. Application Submission Extension Is an extension to the application submission deadline permitted? ❑ Yes ® No 2 FOA Executive Summary Funding Category Select the applicable program type: ❑ New ® Continuation ❑ One-time Date of origin for Program: 10/30/2000 Funding Opportunity Category ® Discretionary ❑ Mandatory ® Competitive ❑ Non-competitive Application Process DHS makes all funding opportunities available through the common electronic "storefront" Grants.gov, accessible on the Internet at http://www.grants.gov. For details on how to apply through Grants.gov, please read the full FOA, Section IX. How to Apply. If you experience difficulties accessing information or have any questions, please call the Grants.gov Contact Center at (800) 518-4726. FP&S Application Home Page Links to the AFG Application portal are available via Grants.gov, the US Fire Administration, or the AFG Website. For additional details, please see the full FOA, Section IX. How to Apply. Eligible Applicants The following entities are eligible to apply directly to FEMA under this solicitation: 1. Fire Prevention and Safety Activity (FP&S) ® Fire Departments ® National Organizations ® Regional Organizations ® State Organizations ® Local Organizations ® Native American Tribal Organizations Community Organizations with fire prevention and/or fire safety experience or expertise ® Private and Public Non-profit Organizations 2. Firefighter Safety Research and Development Activity (R&D) ® National Organizations ® Regional Organizations ® State Organizations ® Local Organizations ® Academic Universities ® Public Health ® Occupational Health Injury Prevention Institutions ® Private and Public Non-profit Organizations. For additional details, please see the full FOA, Section 111. Eligibility Information. Type of Funding Instrument Select the applicable funding instrument: ® Grant ❑ Cooperative Agreement 3 Cost Share or Match Select the applicable requirement: ® Cost Share ❑ Cost Match ❑ Voluntary NOTE: Grantee cost sharing is five percent for all eligible applicants unless modified by a waiver, subject to waiver eligibility. For additional details, please see Appendix B - Award Administration Information, Section I. Cost Sharing and Maintenance of Effort Requirements. Maintenance of Effort Is there a Maintenance of Effort (MOE) requirement? ® Yes ❑ No A maintenance of effort is required under this program for all awardees, unless modified by a waiver, subject to waiver eligibility. An applicant seeking an FP&S Grant shall agree to maintain during the term of the grant the applicant's aggregate expenditures relating to the activities allowable under this FOA at not less than 80 percent (80%) of the average amount of such expenditures in the two (2) fiscal years preceding the fiscal year in which the grant award is received. Management and Administration No more than three percent of the federal share of FP&S Funds awarded may be retained by the grantee for management and administration (M&A) purposes associated with the FP&S Award. For additional details, please see Appendix B - Award Administration Information, Section II. Other Allowable Costs, A. Management and Administrative Costs. Indirect Costs Indirect costs are allowable only if the applicant has an approved indirect cost rate with the cognizant federal agency. Please refer to Appendix B - Award Administration Information, Section II. Other Allowable Costs, B. Indirect Costs. 4 Full Funding Opportunity Announcement I. Funding Opportunity Description Program Overview and Priorities The Department of Homeland Security (DHS) Federal Emergency Management Agency's (FEMA) Grant Programs Directorate is responsible for the implementation and administration of the Assistance to Firefighters Grant (AFG) Program. The purpose of the AFG Program is to enhance the safety of the public and firefighters with respect to fire and fire-related hazards by assisting fire prevention programs and supporting firefighter health and safety research and development. The Grant Programs Directorate administers the Fire Prevention and Safety (FP&S) Grant Program as part of the AFG Program. FP&S Grants are offered to support projects in two activities: • Fire Prevention and Safety Activity: FP&S Activities are designed to reach high-risk target groups and mitigate the incidence of death and injuries caused by fire and fire-related hazards. Accordingly, the four categories eligible for funding under this activity include the following: o General Education/Awareness o Code Enforcement/Awareness o Fire & Arson Investigation o National/State/Regional Programs and Studies Each category within this activity has specific priorities. For additional details, please see Appendix A., Section II. Eligible Activities and Categories. • Research and Development Activity: R&D Projects are aimed at improving firefighter safety, health, or wellness through research and development that reduces firefighter fatalities and injuries ("Firefighter Safety Research and Development Activity"). Accordingly, the five categories eligible for funding under this activity include the following: o Clinical Studies o Technology and Product Development o Database System Development o Dissemination and Implementation Research o Preliminary Studies This FOA provides potential applicants with application requirements and details for processing and evaluating applications for financial assistance for both of these activity areas. 5 Criteria Development Panel (CDP) FEMA annually convenes the Criteria Development Panel, a panel of Subject Matter Experts (SMEs) representing major fire service organizations, responsible for recommending fair and consistent application criteria and program priorities to FEMA. For additional details, see Appendix A - Application Guidelines and Program Priorities, Section I. Criteria Development Panel. Program Objectives The objective of the FY 2014 FP&S Program is to award grants directly to eligible applicants in order to carry out fire prevention and education, fire code enforcement, fire and arson investigation, and firefighter safety and health programming and prevention efforts. The FY 2014 FP&S Program plays an important role in the implementation of the National Preparedness System (NPS) by supporting the building, sustainment, and delivery of core capabilities essential to achieving the National Preparedness Goal (NPG) of a secure and resilient nation. Delivering core capabilities requires the combined effort of the whole community, rather than the exclusive effort of any single organization or level of government. The FY 2014 FP&S Program's allowable costs support the efforts to build and sustain core capabilities. Examples of tangible outcomes from FY 2014 FP&S Program includes building, sustaining, and delivering core capabilities through • Public Information and Warning • Operational Coordination • Planning • Community Resilience • Long-Term Vulnerability Reduction • Environmental Response/Health and Safety For additional details, please see "National Preparedness Goal, First Edition, September 2011" at http://www.fema.gov/pdf/prepared/npg.pdf. II. Funding Information Award Amounts, Important Dates, and Extensions Available Funding for the FOA: $34,000,000 Projected Number of Awards: 100 Projected Award Start Date: 06/15/2015 Projected Award End Date: 09/30/2015 6 NOTE: Applications and awards are limited to a maximum federal share of $1.5 million, regardless of applicant type. Applicants will be notified via e-mail, through the AFG eGrants award management system, of the offer of an award. Applicants must accept their grant awards no later than 30 days from the award date. The awardee shall notify FEMA, the awarding agency, of its intent to accept and proceed with work under the grant or provide a written notice of intent to decline. Funds will remain on hold (for a maximum of 90 days) until the grantee accepts the award via the online AFG eGrants system. Declinations may be submitted via the online AFG eGrants system or through official correspondence (e.g., written, electronic signature, signed letter, or fax to the Grant Programs Directorate, Federal Emergency Management Agency, 800 K. Street NW, 9th Floor North Tower, Washington, DC 20001, Fax 202-786-9938), and all other conditions of award have been satisfied or the award is otherwise rescinded. NOTE: Failure to accept the grant award within the 90-day timeframe may result in a loss of funds. For additional details, please see the full FOA, Section VI. Post-Selection and Pre-Award Guidelines, A. Notice of Award. Period of Performance • Fire Prevention and Safety Activity (FP&S): The period of performance for projects proposed under the FP&S Activity is generally twelve (12) months. Eligible applicants who propose complex projects, such as those under the National/Regional/State Programs and Studies, may apply for up to a twenty-four (24) month period of performance from the date of award. • Research and Development Activity (R&D): The period of performance for projects proposed under the R&D Activity is 12, 24 or 36 months from the date of award. Extensions to the Period of Performance Is an extension to the Period of Performance permitted? ® Yes ❑ No Grantees may receive an extension to their period of performance, upon request, due to compelling legal, policy, or operational challenges. For details, please see Appendix B - Award Administration Information, Section V. Amendments, A. Period of Performance Extensions. III. Eligibility Information A. Eligibility Criteria i. Eligible Applicants The following entities are eligible to apply directly to FEMA under this FOA: 7 1) Fire Prevention and Safety Activity (FP&S): Eligible applicants for this activity include fire departments; and, national, regional, state, local, Native American tribal, and non-profit organizations that are recognized for their experience and expertise in fire prevention and safety programs and activities. Both private and public non-profit organizations are eligible to apply for funding in this activity. For-profit organizations, federal agencies, and individuals are not eligible to receive a FP&S Grant Award under the FP&S Activity. 2) Research and Development Activity (R&D): Eligible applicants for this activity include national, state, local, Native American tribal, and non-profit organizations, such as academic (e.g., universities), public health, occupational health, and injury prevention institutions. Both private and public non-profit organizations are eligible to apply for funding in this activity. The aforementioned entities are encouraged to apply, especially those that are recognized for their experience and expertise in firefighter safety, health, or wellness research and development activities. Fire departments are not eligible to apply for funding in the R&D Activity. Additionally, for-profit organizations, federal agencies, and individuals are not eligible to receive a grant award under the R&D Activity. ii. Category Eligibility Criteria Please see Appendix A - Application Guidelines and Program Priorities, Section 11. Eligible Activities and Categories for more information on eligible categories and project types under both the FP&S Activity and the R&D Activity. IV. Funding Restrictions Restrictions on Use of Award Funds Federal funds made available through this award may only be used for the purpose set forth in this award and must be consistent with the statutory authority for the award. Award funds may not be used for matching funds for any other federal grants/cooperative agreements, lobbying, or intervention in federal regulatory or adjudicatory proceedings. In addition, federal funds may not be used to sue the Federal Government or any other government entity. 8 Applicants may only submit one application, but may submit up to three projects under each activity (FP&S and R&D). Any applicant that submits more than one application may have all applications deemed ineligible. For more information on restrictions on use of award funds, please see Appendix B - Award Administration Information, Section Il_ Other Allowable Costs. V. Application Review Information and Selection Process A. Application Review Information FEMA will screen submitted applications to affirm the eligibility for award of both the applicants and projects. Ineligible applications will not be considered for funding. L Technical Evaluation Process - Fire Prevention and Safety Activity All eligible FP&S Activity applications will be evaluated by a Technical Evaluation Process (TEP). The TEP is comprised of a panel of Peer Reviewers and then an additional review by FEMA. The panel of Peer Reviewers will assess each application's merits with respect to the detail provided in the Narrative Statement on the activity, including the evaluation elements listed in the "Evaluation Criteria" section. The panel will independently score each project within the application, discuss the merits and/or shortcomings of the application, and document the findings. A consensus is not required. The highest ranked applications will be deemed in the fundable range. Applications that are in the fundable range will undergo both a Technical Review by a Subject Matter Expert (SME) as well as a FEMA AFG/FP&S Program Office review prior to being recommended for award. The FEMA AFG/FP&S Program Office will assess the request with respect to costs, quantities, feasibility, eligibility, and grantee responsibility prior to recommending any application for award. ii. Technical Evaluation Process - Research and Development Activity Eligible applications will be evaluated by a Technical Evaluation Process (TEP). The TEP is comprised of a Fire Service Panel Review, a Science Panel Review and then additional review by FEMA. All eligible applications will first be reviewed and scored by a panel of fire service experts to assess the need for the research results and the likelihood that the results would be implemented by the fire service in the United States. The applications that are determined most likely to be implemented to enable improvement in firefighter safety, health, or wellness will be deemed to be in the "competitive range" and will be forwarded to the second level of application review, which is the scientific panel review 9 process. This panel will be comprised of scientists and technology experts who have expertise pertaining to the subject matter of the proposal. Scientific reviewers will independently score applications in the competitive range and, if necessary, discuss the merits or shortcomings of the application in order to reconcile any major discrepancies identified by fellow reviewers. A consensus is not required. The highest ranked applications will be deemed in the fundable range. Applications that are in the fundable range will undergo both a Technical Review by a SME as well as a FEMA AFG/FP&S Program Office review prior to being recommended for award. With input from these panels, for the highest ranked applications, FEMA will review each application's strengths and weaknesses, how best the strengths fit the priorities of the FP&S Program, and how readily the weaknesses may be resolved to support likely impact of the project to improve firefighter safety, heath, or wellness. The FEMA AFG/FP&S Program Office will assess the request with respect to costs, quantities, feasibility, eligibility, and grantee responsibility prior to recommending any application for award. B. Application Selection Process Funding decisions will be informed by an assessment of how well the application addresses the criteria and considerations listed below. Applications will be reviewed by the TEP using weighted evaluation criteria to score the project. These scores will impact the ranking of a project for funding. The applicant's prior AFG, Staffing for Adequate Fire and Emergency Response (SAFER), and FP&S Grant management performance will also be taken into consideration when making recommendations for award. All final funding determinations will be made by the Administrator of FEMA or the Administrator's delegate. The relative weight of the evaluation criteria in the determination of the grant award is listed below. i. Evaluation Criteria for Projects - Fire Prevention and Safety Activity • Financial Need (10%): Applicants should provide details in the Applicant Information section of the application on the need for financial assistance to carry out the proposed project(s). Included in the description might be other unsuccessful attempts to acquire financial assistance. Applicants should: provide detail about the applicant's operating budget, including a high-level breakdown of the budget; describe the applicant's inability to address financial needs without federal assistance; and, discuss other actions the applicant has taken to meet their staffing needs (e.g., state assistance programs or other grant programs). 10 • Vulnerability Statement (20%): The assessment of fire risk is essential in the development of an effective project goal, as well as meeting FEMA's goal to reduce risk by conducting a risk assessment as a basis for action. Vulnerability is a "weak link," demonstrating high risk behavior, living conditions, or any type of high risk situation or behavior. The Vulnerability Statement should include a description of the steps taken to determine the vulnerability (weak link) and identify the target audience. The methodology for determination of vulnerability (i.e., how you found the weak link) should be discussed in-depth in the application's Narrative Statement. o The specific vulnerability (weak link) that will be addressed with the proposed project can be established through a formal or informal risk assessment. FEMA encourages the use of local statistics, rather than national statistics, when discussing the vulnerability. o In a clear, to-the-point statement, the applicant should summarize the vulnerability (weakness) the project will address, including who is at risk, what the risks are, where the risks are, and how the risks can be prevented. o For the purpose of the FY 2014 FP&S FOA, formal risk assessments consist of the use of software programs or recognized expert analysis that assess risk trends. o Informal risk assessments could include an in-house review of available data (e.g., National Fire Incident Reporting System [NFIRS]) to determine fire loss, burn injuries or loss of life over a period of time, and the factors that are the cause and origin for each occurrence. • Implementation Plan (20%): Each project should provide details on the implementation plan which discusses the proposed project's goals and objectives. The following information should be included to support the implementation plan: o Goals and objectives o Details regarding the methods and specific steps that will be used to achieve the goals and objectives o Timelines outlining the chronological project steps o Where applicable, examples of marketing efforts to promote the project, who will deliver the project (e.g., effective partnerships), and the manner in which materials or deliverables will be distributed o Requests for props (i.e., tools used in educational or awareness demonstrations), including specific goals, measurable results, and details on the frequency for which the prop will be utilized as part of the implementation plan. Applicants should include information describing the 11 efforts that will be used to reach the high risk audience and/or the number of people reached through the proposed project (examples of props include safety trailers, puppets, robots, or portable safety houses) NOTE: For applicants proposing a complex project that may require a 24 month Period of Performance, please include significant justification and details in the implementation plan that justify the applicant's need for a Period of Performance of more than 12 months. • Evaluation Plan (20%): Projects should include an evaluation of effectiveness and identify measurable goals. Applicants seeking to carry out awareness and educational projects, for example, should identify how they intend to determine that there has been an increase in knowledge about fire hazards, or measure a change in the safety behaviors of the audience. Applicants should demonstrate how they will measure risk at the outset of the project in comparison to how much the risk decreased after the project is finished. There are various ways to measure the knowledge gained about fire hazards, including the use of surveys, pre- and post-tests, or documented observations. • Cost-Benefit (10%): Projects will be evaluated based on how well the applicant addresses the fire prevention needs of the department or organization in an economic and efficient manner. It should show how to maximize the level of funding that goes directly into the delivery of the project. The costs associated with the project must also be reasonable for the target audience that will be reached and a description of how the anticipated benefit(s) of their projects outweighs the cost(s) of the requested item(s) should be included. It should provide justification for all costs included in the project in order to assist the TEP with their review. • Sustainability (15%): Each project will also be evaluated to determine whether the overall activity will be sustained (continued) beyond the grant performance period and whether it has a greater potential for long-term benefits. Examples of sustainable projects can be shown through the long-term benefits derived from the delivery of the project, the number of non-federal partners likely to continue the effort, or the demonstrated long- term commitment of the applicant. • Funding Priorities (5%): Applicants will be evaluated on whether the proposed project meets the stated funding priority (listed below) for the applicable category. 12 o General Education/Awareness Priority: Comprehensive home fire safety campaign with door-to-door smoke alarm installations and/or sprinkler awareness. o Fire/Arson Investigation Priority: Projects that aim to aggressively investigate every fire. o Code Enforcement/Awareness Priority: Projects that focus on first time or reinstatement of code adoption and code enforcement. o National/State/Regional Programs and Studies Priority: Projects that focus on residential fire issues and/or firefighter safety projects or strategies that are designed to measureable change firefighter behavior and decision- making. o Meeting the needs of people with disabilities (additional consideration): Applicants in the General Education/Awareness category will receive additional consideration if, as part of their comprehensive smoke alarm installation and education program, they address the needs of people with disabilities (e.g., deaf/hard-of-hearing, etc.) in their community. • Experience and Expertise (additional consideration): Applicants who demonstrate their experience and ability to conduct fire prevention and safety activities, and to execute the proposed or similar project(s), will receive additional consideration. NOTE: Applicants in the National/State/Regional Programs and Studies category will be required to list in the Narrative Section any proposed or in place partnerships that would support the project. ii. Evaluation Criteria for Projects - Research and Development Activity Funding decisions will be informed by an assessment of how well the application addresses the criteria and considerations listed below. All applications will be reviewed by a fire service expert panel using weighted evaluation criteria, and those applications deemed to be in the "competitive range" will then be reviewed by a scientific peer review panel evaluation using weighted evaluation criteria to score the project. Scientific evaluations will impact the ranking of a project for funding. Fire Service Evaluation Criteria: • Purpose (25%): Applicants should clearly identify the benefits of the proposed research project to improve firefighter safety, health, or wellness, and identify specific gaps in knowledge that will be addressed. 13 • Implementation by Fire Service (25%): Applicants should discuss how the outcomes/products of this research, if successful, are likely to be widely/nationally adopted and accepted by the fire service as changes that enhance firefighter safety, health, or wellness. • Potential Impact (15%): Applicants should discuss the potential impact of the research outcome/product on firefighter safety by quantifying the possible reduction in the number of fatal or non- fatal injuries or on wellness by significantly improving the overall health of firefighters. • Barriers (15%): Applicants should recognize that all research contains some level of risk and that the proposed outcomes may not be realized. The applicant needs to identify and discuss potential fire service and other barriers to successfully complete the study on schedule, including contingencies and strategies to deal with barriers if they materialize. This may include barriers that could inhibit the proposed fire service participation in the study or the adoption of successful results by the fire service when the project is completed. • Partners (20%): Applicants should recognize that participation of the fire service as a partner in the research from development to dissemination is regarded as an essential part of all projects. Describe the fire service partners and contractors that will support the project to accomplish the objectives of the study. The specific roles and contributions of the partners to the project should be described. Partnerships may be formed with local and regional fire departments and also with national fire-related organizations. Letters of support and letters of commitment to actively participate in the project should be included in the Appendix of the application. Generally, participants of a diverse population, including both career and volunteer firefighters, are expected to facilitate acceptance of results nationally. In cases where this is not practical, due to the nature of the study or other limitations, these circumstances should clearly be explained. Science Panel Evaluation Criteria: • Project goals, objectives, and specific aims (15%): Applicants should address how the purpose, goals, objectives, and aims of the proposal will lead to results that will improve firefighter safety, health, or wellness. For multi-year projects, greater detail should be given for the first year. Also, describe the specific goals and objectives for the second and third year. 14 • Literature Review (1.0%): Applicants should provide a literature review that is relevant to the project's goals, objectives, and specific aims. The citations are placed in the narrative text and references listed at the end of the Narrative Statement (and not in the Appendix) of the application. The review should be in sufficient depth to make it clear that the proposed project is necessary, adds to an existing body of knowledge, is different from current and previous studies, and offers a unique contribution. • Project Methods (20%): Applicants should provide a description of how the project will be carried out, including demonstration of the overall scientific and technical rigor and merit of the project. This includes the operations to accomplish the purpose, goals and objectives, and the specific aims of the project. Plans to recruit and retain human subjects, where applicable, should be described. Where human subjects are involved in the project, describe plans for submission to the Institutional Review Board (IRB) (for further guidance and requirements, see Appendix A - Application Guidelines and Program Priorities, Section IX. Human Subjects Research). • Project Measurements (20%): Applicants should provide evidence of the technical rigor and merit of the project, such as data pertaining to validity, reliability, and sensitivity (where established) of the facilities, equipment, instruments, standards, and procedures that will be used to carry out the research. The applicant should discuss the data to be collected to evaluate the performance methods, technologies, and products proposed to enhance firefighter safety, health, or wellness. The applicant should demonstrate that the measurement methods and equipment selected for use are appropriate and sufficient to successfully deliver the proposed project objectives. • Project Analysis (20%): The applicant should indicate the planned approach for analysis of the data obtained from measurements, questionnaires, or computations. Specify within the plan what will be analyzed, the statistical methods that will be used, the sequence of steps, and interactions as appropriate. It should be clear that the Principal Investigator (PI) and research team have the expertise to perform the planned analysis and defend the results in a peer review process. • Dissemination and Implementation (15%): Applicants should indicate dissemination plans for scientific audiences (such as plans for submissions to specific peer review publications) and for firefighter audiences (such as via websites, magazines, and 15 conferences). Also, assuming positive results and where applicable, indicate future steps that would support dissemination and implementation throughout the fire service. These are likely to be beyond the current study, so those features of the research activity that will facilitate future dissemination and implementation should be discussed. All applicants should specify how the results of the project, if successful, might be disseminated and implemented in the fire service to improve firefighter safety, health, or wellness. It is expected that successful R&D Activity Projects may give rise to future programs including FP&S Activity Projects. • Cost vs. Benefit (additional consideration): Cost vs. benefit in this evaluation element refers to the costs of the grant for the research and development project vs. the benefits that are projected for firefighters who would have improved safety, health, or wellness. Applicants should demonstrate a high benefit for the cost incurred and effective utilization of federal funds for research activities. • Financial Need (additional consideration): In the Applicant Information section of the application, applicants should provide details on the need for federal financial assistance to carry out the proposed project(s). Included in the description might be other unsuccessful attempts to acquire financial assistance. Applicants should provide detail about the organization's operating budget, including a high-level breakdown of the budget; describe the department's inability to address financial needs without federal assistance; and discuss other actions the department has taken to meet their staffing needs (e.g., state assistance programs, other grant programs, etc.). Research and Development (R&D) Activity Formatting Requirements 1. Applications must include one Narrative Statement and one Appendix document (per project). 2. The Narrative Statement for the R&D Activity is limited to 20 pages per project. The first page of the Narrative Statement must include an abstract of about 250 words that addresses purpose and aims, relevance, methods, and anticipated outcomes. All narrative text, including pertinent references and footnotes must be in the Narrative Statement. It must include which selected R&D category type the project is addressing. Also, the contact information (e-mail address and telephone number) for the principal investigator must be provided on the first page of the Narrative Statement. 16 3. It may be useful to organize the Narrative Statement to follow the R&D Evaluation Criteria listed within this announcement, including the Fire Service criteria first and the Science criteria subsequently. 4. All references and footnotes pertaining to the Narrative Statement must be in the Narrative Statement. Tables and figures may be included in either the Narrative Statement or the Appendix document. 5. The Appendix is limited to 25 pages per project. It includes curriculum vitae and may include other items, such as data collection instruments, additional tables and figures, illustrations, specifications for product designs, and letters of commitment from partners. If this project is a resubmission, applicants may utilize up to two pages of the Appendix to address reviewer concerns from a previous year. 6. Curriculum Vitae (CVs) for the PI and lead scientists, as well as other key research personnel listed in the budget, are to be included in the Appendix, but are limited to a maximum of two pages per CV. Applicants are strongly encouraged to follow the biographical sketch sample (see Appendix A - Application Guidelines and Program Priorities, Section IX. Human Subjects Research, Biographical Sketch Sample) in preparing CVs. 7. Font: Times New Roman or Arial. 8. Font Size: I 1 points (11 pt) or larger. 9. Page Dimensions: Page dimensions must be 8.5" x 11" (21.6 cm x 27.9 cm) or smaller. 10. Margins: All margins (top, bottom, left, and right) must be at least 1" (2.54cm). 11. Header: The header on each page of the Narrative Statement and the Appendix should contain: • PI (surname) • Institution name (abbreviated) • Project Short Title • Page Number VI. Post-Selection and Pre-Award Guidelines A. Notice of Award Successful applicants for all DHS Grants are required to comply with DHS Standard Administrative Terms and Conditions available within Section 6. 1.1 of the CFO Authority for Financial Assistance and Oversight. For more information, please contact the AFG/FP&S Help Desk at (866) 274-0960 or by email at firegrants(a,fema. g_ov. Upon approval of an application, the award will be made in the form of a grant. The date the approval of award is signed by the authorized official of the federal awarding agency is the "Award Date." Notification of award approval is made through the eGrants system through an automatic email to the grantee point of contact listed in the initial application. 17 Once an award has been approved and recorded in the system, a notice is sent to the grant official authorized by the grantee in the application. The authorized grant official should follow the directions in the notification to accept the award documents. The authorized grant official should carefully read the award package for instructions on administering the grant and to learn more about the terms and conditions associated with responsibilities under federal awards. FEMA will evaluate and act on applications within 90 days following close of the application period. NOTE: Turndown Procedure - FP&S Grants are competitive. Not all applications will be successful, but all unsuccessful applicants will receive a decision letter from FEMA that briefly describes the shortcomings and weaknesses of the application. These aspects are articulated by the technical evaluation process. Due to the historically high number of turndowns for these grants, detailed debriefs for all applicants will not be possible. i. Administrative and Federal Financial Requirements A complete list of Federal Financial Requirements is available at http://www.whitehouse.gov/omb//omb/ rg ants forms. All successful applicants for all DHS Grant and cooperative agreements are required to comply with DHS Standard Administrative Terms and Conditions, which are enumerated in the DHS Chief Financial Officer Financial Management Policy Manual and are available online at http://www.dhs. gov/sites/default/files/publications/Proposed%20FY%201 4%20Standard%20TC%202013-12-04.pdf NOTE: Future awards and fund drawdowns may be withheld if these reports are delinquent. ii. Federal Financial Reports (SF-425) Recipients of FP&S Grants awarded on or after October 1, 2009, are required to submit semi-annual Federal Financial Reports (FFR) (SF-425). The FFR is to be submitted using the online eGrants system based on the calendar year beginning with the period after the award is made. Grant recipients are required to submit an FFR throughout the entire period of performance of the grant. Reports are due • June 30 (for period January 1 - June 30) and no later than July 30 • December 31 (for period July 1 - December 31) and no later than January 31 • Within 90 days after the end of the Period of Performance For line-by-line instructions for completing the SF425, please visit http://www.whitehouse.gov/sites/default/files/omb/grants/standard forms/ ffr instructions.pdf. 18 iii. Grant Closeout Process Within 90 days after the end of the period of performance, grantees must submit a final FFR and final progress report detailing all accomplishments throughout the period of performance. After these reports have been reviewed and approved by FEMA, a closeout notice will be completed to close out the grant. The notice will indicate the period of performance as closed, list any remaining funds that will be deobligated, and address the requirement of maintaining the grant records for three years from the date of the final FFR. The grantee is responsible for returning any funds that have been drawn down but remain as unliquidated on grantee financial records. Please also see Appendix B - Award Administration Information, XI. Payments/Drawdown/Rebates, C. Payment Requests During Closeout. Return of Funds to FEMA Information on how to return funds to FEMA is available at http: //www. fema.gov/media-library/assets/documents/31261 ?id=7080. iv. Program Performance Reporting Requirements FP&S (Programmatic) Performance Report (SF-PPR) The awardees will be responsible for providing updated project(s) information on a semi-annual basis. The grantee is responsible for completing and submitting a programmatic Performance Report using the eGrants system. The programmatic Performance Report is due six months after the grant's award date and every six months after if applicable. V. Monitoring Grant recipients will be monitored periodically by FEMA staff, both programmatically and financially, to ensure that the project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. Monitoring may be accomplished through either a desk-based review or onsite monitoring visits, or both. Monitoring will involve the review and analysis of the financial, programmatic, performance, compliance, and administrative processes and policies, activities, and other attributes of each federal assistance award and will identify areas where technical assistance, corrective actions, and other support may be needed. Grantees have the opportunity to participate in a Post Award Orientation (PAO) to have questions answered, receive technical assistance and review the terms and conditions of the grant. The Post Award Orientation is optional. 19 Vi. Federal Funding Accountability and Transparency Act This act refers to reporting requirements under the Federal Funding Accountability and Transparency Act of 2006 (FFATA) (Public Law 109- 282), as amended by Section 6202(a) of the Government Funding Transparency Act of 2008 (Public Law 110-252). As defined by the OMB, all new federal awards of $25,000 or more as of October 1, 2010, are subject to FFATA reporting requirements. Federal awards include not only prime awards for grantees, cooperators, and contractors but also awards to sub-recipients. More information can be found at http://www.usaspendin2.i4ov/news. vii. Financial and Compliance Audit Report For audits of fiscal years beginning on or after December 26, 2014, recipients that expend $750,000 or more from all federal funding sources during their fiscal year are required to submit an organization-wide financial and compliance audit report. The audit must be performed in accordance with the requirements of, GAO's Government Auditing Standards, located at http://www.gao.gov/ og vaud/ybkOl.htm, and the requirements of Subpart F of 2 CFR Part 200, located at http: //www.ecfr.gov/cgi-bin/text- idx?SID=55 e 12eead565605b4d529d82d276105c&node=2:1.1.2.1.1.6&rg n=div6. For audits of fiscal years beginning prior to December 26, 2014, recipients that expend $500,000 or more from all federal funding sources during their fiscal year are required to submit an organization-wide financial and compliance audit report. The audit must be performed in accordance with GAO's Government Auditing Standards, located at http://www.gao.gov/govaud/vbkOl.htm, and OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, located at http://www.whitehouse.gov/omb/circulars/al33 compliance supplement 2012. Audit reports are currently due to the Federal Audit Clearinghouse no later than nine months after the end of the recipient's fiscal year. viii. Required Performance and Financial Reports for Grant Closeout Final performance report (SF-PPR) Narrative (within the Closeout module in eGrants) is due 90 days after the end of the period of performance or as amended. The Final SF-425 is due 90 days after the end of the grant period. VII. DHS/FEMA/GPD/AFG Contact Information A. Contact and Resource Information Resources are available to: • Guide applicants in completing FP&S Grant Applications; and 20 • Assist grantees with the programmatic or financial administration of an award. i. AFG/FP&S Help Desk The AFG/FP&S Help Desk provides technical assistance to applicants for the online completion and submission of applications into the eGrants system, answers questions concerning applicant eligibility and grantee responsibilities, and offers assistance in the programmatic administration of awards. The AFG/FP&S Help Desk can be contacted at (866) 274-0960 or by email at fire rg ants(&fema.gov. Normal hours of operation are from 8:00 a.m. to 4:30 p.m., Monday through Friday. All times listed are Eastern Time. ii. FEMA Regional Fire Program Specialists Each FEMA region has specialists who can assist applicants with application information, award administration, and technical assistance. For information on your Regional Specialist, visit http: //www. fema. gov/fireGrants-contact-information. iii. Grant Programs Directorate (GPD) FEMA will provide pre- and post-award administration and technical assistance for the grant programs included in this solicitation. Additional guidance and information can be obtained by contacting the FEMA Call Center at (866) 927-5646 or via email at ASK-GMDgdhs. ov. iv. eGrants System Information For technical assistance with the eGrants system or FP&S Application or Award questions, please contact the AFG/FP&S Help Desk. The Help Desk can also be contacted at (866) 274-0960. VIII. Other Critical Information Note on Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards FP&S Grantees are required to follow all applicable federal regulations, including regulations governing administrative requirements, cost principles, and audit requirements for federal awards which are in place on the date in which a grant is awarded by FEMA to the grantee. On December 26, 2013, the Office of Management and Budget (OMB) promulgated the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards that establish a new, uniform set of mandatory requirements for federal awards to non-federal entities. OMB codified this final guidance (also commonly referred to as the "Super Circular" or "Omni Circular") on December 26, 2013 at 2 CFR Part 200. This final guidance will supersede existing federal regulations governing FEMA Grants 21 for future awards, which include but are not limited to the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments at 44 CFR Part 13, the Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations at 2 CFR Part 215, the Cost Principles for State, Local, and Indian Tribal Governments at 2 CFR Part 225, the Cost Principles for Educational Institutions at 2 CFR Part 220, the Cost Principles for Non-Profit Organizations at 2 CFR Part 230, and Audits of States, Local Governments and Non-Profit Organizations at OMB Circular A-133. OMB has directed the Department of Homeland Security to adopt these new requirements at 2 CFR Part 200 no later than December 26, 2014. Any grant awards made after DHS's adoption of the regulations at 2 CFR Part 200 will be required to follow the new regulations. FEMA anticipates that all FY 2014 FP&S Awards will be made after the adoption of the new regulations. Except as otherwise noted, awards made by FEMA prior to that date - including grants made in previous fiscal years - will continue to apply the existing requirements which include, but are not limited to, 44 CFR Part 13 and 2 CFR Part 225. FEMA will provide additional information to FP&S Stakeholders and Applicants upon adoption of the new regulations. Environmental Planning and Historic Preservation (EHP) Compliance As a federal agency, FEMA is required to consider the effects of its actions on the environment and/or historic properties to ensure that all activities and programs funded by the agency, including grants-funded projects, comply with Federal EHP regulations, laws, and Executive Orders as applicable. Grantees and sub-grantees proposing projects that have the potential to impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities, must participate in the FEMA EHP review process. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so that FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. In some cases, FEMA is also required to consult with other regulatory agencies and the public in order to complete the review process. The EHP review process must be completed before funds are released to carry out the proposed project. It is FEMA's policy to not fund projects that have been initiated or completed before any required EHP review has been conducted. Grantees are encouraged to submit EHP Screening Forms as soon as possible to ensure that adequate time is allowed for the EHP review. The GPD EHP Screening Form can be accessed at http://www.fema.gov/media- library/assets/documents/90195. EHP Policy Guidance can be found in FP 108-023-1, Environmental Planning and Historic Preservation Policy Guidance, at http://www.fema.gov/media- library/assets/documents/85376, and FP 108-024-4, FEMA Environmental Planning and Historical Preservation Policy, at bttp://www.feina.goy/media-library- data/1388411752234-6ddb79121951 a68e9ba036d2569aa488/18Dec13- NoNEPAReview.pdf 22 For more details, see Appendix B, Award Administration Information II. Other Allowable Costs, I, Environmental Planning and Historic Preservation Compliance. National Fire Incident Reporting System (NFIRS) While NFIRS reporting is strongly encouraged, NFIRS reporting is not a requirement to apply for or be awarded a grant within the FP&S Program. However, any fire-based organization(s) that receives an FP&S Grant must commence reporting to NFIRS prior to accepting their Award. The grantee may be asked by FEMA to provide proof of compliance in reporting to NFIRS. Any grantee that stops reporting to NFIRS during their grant's Period of Performance is subject to having their award(s) modified or withdrawn. National Incident Management System (NIMS) Implementation Prior to allocation of any federal preparedness awards, grantees must ensure and maintain adoption and implementation of NIMS. Emergency management and incident response activities require carefully managed resources (personnel, teams, facilities, equipment, and/or supplies) to meet incident needs. Utilization of the standardized resource management concepts such as typing, inventorying, and cataloging promote a strong national mutual aid capability needed to support delivery of core capabilities. Additional information on resource management and national Tier I NIMS Resource Types can be found at hqp://www.fema.gov/rpsource-mana,gement. NOTE: FEMA's current policy does not require FP&S Applicants to be in compliance with the National Incident Management System (NIMS) either to apply for FP&S Funding or to successfully receive a FP&S Award. Any applicant that receives an FY 2014 FP&S Award must achieve the necessary NIMS compliance level prior to the end of the grant's period of performance. • The FP&S Application contains a question that asks whether the applicant organization is currently in compliance with NIMS because compliance is required of all FEMA Grantees before the end of their period of performance. FP&S Applicants will be considered NIMS compliant if the organization submitting the application(s) is compliant with the NIMS requirements of their Authority Having Jurisdiction (AHJ). • Applicants that need NIMS training may request funding for training through the Training activity in the AFG Operations and Safety component program. However, many online NIMS training courses are available free of charge through the Emergency Management Institute. • Additional detailed information on NIMS can be obtained from the FEMA NIMS Resource Center Website. • The list of NIMS objectives against which progress and achievement are assessed and reported can be found at 23 bttp://www.fema. Iders.sht m#item. FEMA has developed the NIMS Guidelines for Credentialing of Personnel to describe national credentialing standards and to provide written guidance regarding the use of those standards. These guidelines describe credentialing and typing processes and identify tools that Federal Emergency Response Officials (FERO) and emergency managers at all levels of government may use routinely to facilitate multijurisdictional coordinated responses. The guideline as well as the NIMS Guide 0002 can be found at the NIMS Resource Center at the following URLs: • The guideline http://www.fema. gov/emergency/nims/ResourceMngmnt. shtm#item3 • The NIMS Guide 0002 http://www.fema.gov/pdf/emergency/nims/ng 0002.pdf • For more information on NIMS, visit http://www.fema.gov/emergency/nims • All questions can be directed via email to FEMA-NIMS(adhs.gov or via telephone at (202) 646-3850 Although state, local, tribal, and private sector partners, including non-governmental organizations, are not required to credential their personnel in accordance with these guidelines, FEMA strongly encourages them to do so in order to leverage the federal investment in the Federal Information Processing Standards (FIPS) 201 infrastructure and to facilitate interoperability for personnel deployed outside their home jurisdiction. Additional information can be found at http://www.fema.gov_/pdf/emergency/nims/nims alert cred guideline.pdf. IX. How to Apply A. Application Instructions The FP&S eGrants application system is only accessible through the AFG Application Portal at https://portal.femagov//. There are several ways to get FP&S Application information: • AFG Website (http://www.(Ima.gov/fireRrants) • Grants.gov (http://www.grants.gov) • US Fire Administration (http://www.usfa.fema.gov) Application tutorials and Frequently Asked Questions (FAQs) help explain the current FP&S Grant Programs, assist with the online grant application, and highlight lessons learned and changes for FY 2014. For more details, please click here to visit the AFG Website at http://www.fema. ov/fire rg ants. NOTE: Do not use any other browsers than Internet Explorer (IE 6 or higher) when entering your information. Do not have multiple browser tabs open when entering your information, even if you are using Internet Explorer (IE 6 or 24 higher). There are several known problems entering application information using non-IE browsers or having multiple browsers open, including but not limited to: • system failure to recognize correct information • system failure to capture and retain correct information • system functions like "cut and paste" being disabled • system resources like help screens or drop down menus being unavailable Prior to submission and up to the application deadline, the online application can be saved, retrieved, or edited as required. IMPORTANT Once you have submitted your application, you cannot change it. There is no appeal process for inaccurate or incomplete information retained by the system due to improper or multiple browser usage by the applicant. NO APPLICATION WILL BE RELEASED AFTER FINAL SUBMISSION The primary point of contact listed in the application will automatically be notified via email, via the eGrants award management system, once your application is received. X. Application and Submission Information Applying for an award under this program is a multi-step process and requires time to complete. To ensure that an application is submitted on time, applicants are advised to start the required steps well in advance of their submission. Applicants should allow at least 15 business days (three weeks) to complete the four steps of applying listed below. Failure of an applicant to comply with any of the required steps before the deadline for submitting their application will automatically disqualify their application from funding. The steps involved in applying for an award under this program are: 1. Applying for, updating, or verifying their DUNS Number 2. Applying for, updating, or verifying their EIN Number 3. Updating or verifying their SAM Number 4. Under Section X. Application and Submission Information, Submitting the complete application in the eGrants System. A. FP&S Application via eGrants system Eligible applicants can only apply for FP&S Funding online via the eGrants application at https://portal.fema. ov. The system will allow an authorized representative to log in and create a FP&S User name and password. To be considered eligible for funding, all applications must be completed and submitted electronically by 5:00 p.m. (ET) on Friday April 17, 2015. 25 Only applications submitted via eGrants will receive an e-mail confirmation. Applicants should print a copy of their submitted application as well as the submission confirmation for their records upon receiving verification that their application has been successfully submitted. Incomplete applications or applications submitted via any other electronic means, including e-mail or fax, will be considered ineligible. Applicant tools and Frequently Asked Questions (FAQs) are posted at http://www.fema. og v/fire rg ants. If you need assistance during the application process, contact the AFG/FP&S Help Desk at (866) 274 0960 or via e-mail at firegrants@dhs.goy. i. User Name/Password: If you have submitted any Assistance to Firefighters Grants (AFG, SAFER, FP&S, or SCG) applications in a previous grant cycle, then you must continue to use the same username, password, and DUNS number for every FY 2014 application. If you have forgotten your password or your primary point(s) of contact have changed, please visit bILtps://edit.fema.gov/frequently-asked-questions-0 for instructions on how to update and correct your organization's information. ii. Required Forms and Registrations Applicants will need to completely fill out the following forms as part of the online eGrants application: • Standard Form 424, Application for Federal Assistance • Standard Form 424A, Budget Information (Non-construction) • Standard Form 424B, Standard Assurances (Non-construction) • Standard Form LLL, Disclosure of Lobbying Activities (if the grantee has engaged or intends to engage in lobbying activities) • FEMA Form 20-16C, Certifications Regarding Lobbying; Debarment, Suspension, and Other Responsibility Matters; and Drug-Free Workplace Requirements, available at http://www.fema.gov/librarv/viewRecord.do?id=2628 iii. Application Tips • For the most competitive application, select those local need(s) that most closely align with the highest FP&S Program priority(ies). • When filling out the online application, applicants are required to provide basic demographic information regarding their department and the community served, but applicants must provide detailed information regarding the items or activities for which they are seeking funding. • If awarded, your application request(s) may be modified during the award review process; if the awarded activities, Scope of Work, or amount(s) don't match your application as submitted, the grantee 26 shall only be responsible for completing the activities actually funded. The grantee is under no obligation to start, modify, or complete any activities requested, but not funded by this award. Please review Award Package. B. Dun and Bradstreet Data Universal Numbering System (DUNS) Number The applicant must provide a Dun and Bradstreet Data Universal Numbering System (DUNS) number with their application. This DUNS number is a required field within Grants.gov and for SAM registration. The DUNS number provided in your application must match the DUNS number associated with your SAM registration. Organizations should verify they have a DUNS number, or take the steps necessary to obtain one, as soon as possible. Applicants can receive a DUNS number at no cost by calling the dedicated toll-free DUNS number request line at (866) 705-5711. C. Obtain an Employer Identification Number (EIN) FEMA requires both the EIN and a DUNS number prior to the issuance of a funding award and, for grant award payment, both are also required to register with SAM (see below). The EIN base for an organization is the IRS Tax ID number and for individuals, it is their social security number (both of which are nine-digit numbers). Organizations and individuals submitting their applications must correctly identify the EIN from the DUNS number since both are nine-digit numbers. If these numbers are not correctly identified in the application, this may result in a delay in the issuance of the funding award and/or incorrect payment to a grantee organization. Organization applicants applying for an EIN should plan on a minimum of two full weeks to obtain an EIN. If you need assistance registering an EIN, please go to http: //www.irs. gov/Businesses/Small-Businesses-&-Self-Employed/Apply-for-an- Employer-Identification-Number-(EIN)-Online. FEMA cannot assist applicants with questions related to obtaining a current EIN. D. System for Award Management (SAM), which replaced Central Contractor Registration (CCR) Per 2 CFR § 25.205, FEMA may not make an award to an entity until the entity has complied with the requirements to provide a valid DUNS number and maintain an active SAM registration with current information. The System for Award Management (SAM) consolidates federal procurement systems and the Catalog of Federal Domestic Assistance (CFDA). • Applicant registration in the System for Award Management (SAM) is free. To register, please visit https://www.sam.goy/portal/public/SAM/. 27 • SAM registration is only active for one year and must be renewed annually. For existing FP&S Awards, FEMA will not process any payment request or consider any amendment until the grantee has complied with the requirements to provide a valid DUNS number and has an active SAM registration with current information; FP&S Application information must match your organization's SAM Profile and 1199a. Please ensure that your organization's name, address, DUNS number, and EIN are up to date in SAM and that the DUNS number used in SAM is the same one used to apply for all FEMA applications. Your organization's name in SAM.gov must also match the organization name provided on the applicants 1199a. Future payments will be contingent on the information provided in SAM; therefore, it is imperative that the information is correct. There are several ways to get help with SAM: • Submit a question to the Federal Service Help Desk managed by the General Services Administration (GSA). Tell them the issues you have and how they can contact you. • Use self-service by searching the Answer Center at http://www.fsd.gov/app/answers/list. • Call toll-free (866) 606-8220. • SAM Quick Start Guide For New Grantee Registration and SAM Video Tutorial for New Applicants are tools created by the General Services Administration (GSA) to assist those registering with the System for Award Management (SAM). If you have questions or concerns about your SAM registration, please contact the Federal Support Desk at https://www.fsd.gov. E. How to Get a CAGE Code To get a CAGE code, you must first be registered in SAM.gov, which is a requirement for doing business with the federal government. You will be assigned your CAGE code as part of the SAM validation process and as soon as your registration is active, you can view your CAGE code online when you log in to your SAM account. NOTE: FP&S will accept the organization's name registered with SAM.gov as the legal name of the organization for FP&S Application and Award purposes. The organization name on the application and the name in SAM.gov must be the same. F. Telephone Device for the Deaf (TDD) and/or Federal Information Relay Service (FIRS) The TDD/FIRS number available for this announcement is (800) 462-7585. 28 Appendix A - APPLICATION GUIDELINES AND PROGRAM PRIORITIES Appendix A contains more detailed information on FP&S Application Guidelines and Program Priorities. Reviewing this information may help applicants make their application(s) more competitive. L Criteria Development Panel (CDP) Each year, FEMA convenes a Criteria Development Panel (CDP) of fire service professionals to develop the funding priorities for AFG Grant opportunities in the coming year. The nine major fire service organizations represented on the CDP include the following: • International Association of Fire Chiefs • International Association of Fire Fighters • National Volunteer Fire Council • National Fire Protection Association • National Association of State Fire Marshals • International Association of Arson Investigators • International Society of Fire Service Instructors • North American Fire Training Directors • Congressional Fire Service Institute The CDP is charged with making recommendations to FEMA regarding the creation and/or modification of previously established funding priorities as well as developing criteria for awarding grants. The content of this FOA for the FP&S Grant Program reflects implementation of the CDP's recommendations with respect to the priorities, direction, and criteria for awards. Based on the recommendations provided by the CDP, funding priority will be given to applications that effectively address the evaluation elements as outlined in Section V - Application Review and Selection Information - of this FOA. II. Eligible Activities and Categories A. Activity Eligibility Overview The following two activities are eligible under the FP&S Grant Program: • Fire Prevention & Safety Activity (FP&S) • Research & Development Activity (R&D) B. Category Eligibility Overview The following tables list the eligible categories under each activity: 29 Eligible Categories 1 FP&S Activity • General Education/Awareness • Code Enforcement/Awareness • Fire & Arson Investigation • National/State/Regional Programs and Studies Eligible Categories 1 R&D Activity • Clinical Studies • Database System Development • Technology and Product Development • Dissemination and Implementation Research • Preliminary Studies III. Multiple Projects Eligible applicants (identified by unique federal tax identification numbers) may only submit one application. Applicants may submit for up to three projects under each activity (FP&S and R&D). Applicants applying for funding under both FP&S and R&D Activities must do so within the same application. Each project within an application must be presented separately as a free-standing proposal. Any applicant that submits more than one application may have all applications deemed ineligible. Example 1 A community has a strategic goal of reducing the number of fires caused by the use of barbecue grills on the balconies of apartments. Attainment of this goal will be supported through two projects. The applicant plans to: • Launch a public education project • Strengthen code enforcement activities While both projects aim to reach the same goal, the projects are independent of one another and will be funded as such. Therefore, the public education items would be listed as one supporting project and the code enforcement items listed as the second supporting proj ect. Although both projects will be included in one application, the projects must be independent in that the completion of one project, or any tasks within that project, does not depend on the funding of the other project. Each project requires its own separate supporting budget and Narrative Statement explaining how accomplishing these independent projects will help achieve the overall goal. 30 Example 2 A community or organization may have more than one strategic goal depending on its audience or risk. For example, a national organization may have a goal to reduce firefighter fatalities through a national outreach project. It may also have a goal to study the effectiveness of public education messages. The organization would create one project for firefighter safety initiatives and a second project for national public education efforts. IV. Reasonableness of Request The TEP will consider all expenses budgeted as part of the cost benefit determination and may recommend appropriate adjustments. Regardless of the eligibility of any costs requested or the panelists' determination, FEMA reserves the right to reduce any requests for assistance, in whole or in part, that it deems to be excessive or otherwise contrary to the best interests of the FP&S Grant Program. V. Restrictions on Use of Award Funds Each requested project in each activity will be reviewed and scored on its own merit. VI. Prioritization of FP&S Grant Awards In awarding grants, the Administrator of FEMA shall consider the following: • The findings and recommendations of the TEP • The degree to which an award will reduce deaths, injuries, and property damage by reducing the risks associated with fire related and other hazards • The extent of an applicant's need for an FP&S Grant and the need to protect the United States as a whole VII. New for FY 2014 • The General/Education Awareness category added a second priority to include sprinkler awareness • The Period of Performance for the FP&S Activity can be 12 or 24 months VIII. Funding Priorities for FP&S and R&D Activities; Eligible and Ineligible Projects and Costs The following two sub-sections describe categories and specific types of eligible projects that might be proposed as an FP&S Activity or as a R&D Activity. 31 Example projects are described within categories as additional information to help better define the category. Proposed projects outside of the listed categories will be considered as long as the project addresses the overall goals of the FP&S Grant Program. A. FP&S Activity Priorities and Project Eligibility Information FEMA desires to provide flexibility to applicants to design innovative strategies and/or unique proposals that reach for a higher level of safety for the public with respect to fire and fire-related hazards. All proposals will be evaluated on how well the applicant demonstrates the understanding of their actual community fire and safety risks. A community risk assessment should be used to document the "risk" as a basis for mitigation. If the applicant has evidence of a community risk, the application should be based on solving the problem that will reduce the risk. A risk analysis should be the foundation of the application. Risk assessments are eligible for funding; however, if selected as activity project, no other projects may be eligible for funding under the FP&S Activity in the 2014 FP&S Grant Application year. FEMA encourages applicants designing fire prevention initiatives to utilize the "Fire is Everyone's FightTM" campaign from the United States Fire Administration (USFA). This program uses a wide range of resources to communicate the importance of taking action to protect ourselves and the people we love from the dangers of fire. "Fire is Everyone's FightTM" is designed to unite the fire service and many others in a collaborative effort to reduce home fire injuries, deaths, and property loss. It invites fire departments, safety advocates, community groups, schools, and others to rally behind a common and compelling theme. USFA and its partners will communicate and reinforce key lessons across many proven fire safety and prevention initiatives and programs. This initiative can be found at http://www.usfa.fema.gov/fireservice/prevention education/strategies/fire is eve Kyones fight/. Comprehensive Fire and Life Safety Education Program A comprehensive education program goes beyond awareness of risk factors. It is based on a plan that contains elements designed to result in knowledge gain, application of knowledge, and, ultimately, behavior change based upon understanding and acceptance of new knowledge and skills. The 5-step planning process', as developed by the United States Fire Administration, is used for the design, implementation, and evaluation of comprehensive education programs. Important steps in the process include risk analysis, community partners, intervention strategy, implementation, and evaluation. An intervention strategy that incorporates multiple Es (Education, Engineering, and Enforcement) has the best chance of making a measurable difference. USFA Public Fire Education Planning, A Five-Step Process http://www.usfa.fema.gov/fireservice/prevention education/strategies/education planning/ 32 EXAMPLE People learn best when information is presented simply, repeated often, sustained over a period of time, and practiced. This is especially true when educating children about fire and life safety. A comprehensive education program using a fire safety trailer might look like this: • Risk Analysis: The fire department uses local incident data to identify and prioritize the types of fires occurring in the community. The program planning team ensures appropriate educational messages are included to address the fire problems that are causing these incidents. They focus attention and resources in specific areas or neighborhoods where fire calls are most frequent. • Community Partners: The fire department reaches out to schools in the neighborhoods at highest risk of fire to schedule a safety trailer visit. They partner with classroom teachers, who work with the students ahead of time to prepare for the visit. The teacher introduces key fire safety concepts, along with vocabulary words the firefighters will use during the visit. • Intervention Strategy: The safety trailer is used as a hands-on tool for students to learn and practice what they know about fire safety. Lessons are tailored to the age and ability of the students. For example, the smoke feature is not used for a classroom of preschoolers, as this would frighten some of the children. • Implementation: The trailer visit is implemented as part of a three-part implementation strategy - before, during, and after. BEFORE the visit, teachers prepare students about what they will learn and do when the trailer visits their school. DURING the visit, firefighters explain key safety messages in simple terms and give students a chance to practice what to do. AFTER the visit, teachers talk with students about what they learned, and encourage them to test their smoke alarms and practice a home fire drill with their families. The teachers help identify families that do not have smoke alarms. When possible, the fire department follows up with these families to install smoke alarms in these homes and educate the parents and caregivers about fire safety. Use of multiple Es might be developmentally and culturally appropriate lessons (Education) combined with free smoke alarm installation (Engineering) according to code requirements (Enforcement). • Evaluation: With the teacher's help, the fire department follows up to determine how many homes installed smoke alarms, tested smoke alarms, and practiced a family fire drill since the visit. The following are examples of eligible projects under the FP&S Activity. This list is not intended to be an all-inclusive list of projects that will be considered. Applicants should develop projects based on their determined risks. Original, creative, and/or new approaches to enhance the safety of the public and firefighters are welcome. Applications should only consist of FP&S Projects that can be completed within the one-year grant performance period. 33 General 1 Educatiou/Awareuess Priority According to data available to FEMA and the USFA, working smoke alarms greatly reduce the risk of fire casualties for the nation's residents. Therefore, under this category there are two (2) priorities. The first priority will be given to programs that target a specific high risk population to conduct both door-to-door smoke alarm installations and provide home safety inspections, as part of a comprehensive home fire safety campaign. The comprehensive home fire safety campaign should also include an educational program that is delivered to the occupant at the time of the installation and inspection. The second priority will be given to programs that include sprinkler awareness that affect the entire community in this effort, such as educating the public about residential sprinklers, promoting residential sprinklers, and demonstrating working models of residential sprinklers. Installation of sprinkler systems is only eligible if proposed as part of a sprinkler demonstration/educational effort. Further, additional consideration will be given to applicants who incorporate supplies for deaf/hard-of-hearing alarm installations as part of their comprehensive installation and education effort (hardwiring of deaf/hard-of-hearing smoke alarms is eligible). FEMA, through its FP&S Grants, promotes the use of smoke alarms that are powered by non-removable, non-replaceable batteries that power the smoke alarm for a minimum of 10 years and are enclosed within a tamper-resistant housing. Applicants who do not plan on using smoke alarms powered by non-removable, non- replaceable batteries that power the smoke alarm for a minimum of 10 years, and are enclosed within a tamper-resistant housing, should address the rationale for using alternatives. Education/Awareness Other General Eligible Projects (NOTE: these projects will not receive a priority rating) Smoke Alarms: Applicants who are unable Public Education: National or local to meet the above stated funding priority projects that promote the reduction of (door-to-door installations and home safety injury due to fire or other safety hazards inspections) for this category are still eligible are eligible under this activity. Projects to apply for smoke alarms, but will not may include burn prevention, media/public receive a priority rating. This includes relations campaigns, injury prevention, or projects that encompass educational other community risk reductions that could components that teach how smoke alarms be justified in the Narrative Statement. work to provide early warning in case of a Educational props (educational tools), fire, while promoting the installation of including fire extinguisher trainers, must be smoke alarms and/or inspections to assure part of a comprehensive and detailed public that previously installed smoke alarms are safety education campaign. Eligible items operational. Applicants who will not perform include escape planning, model homes, 34 Other General Education/Awareness Eligible Projects (NOTE: these projects will not receive a priority rating) installation of the alarms should discuss in safety trailers, or curriculum delivery tools. their Narrative Statement the methodology Projects that will deliver training to the for ensuring that the alarms will be properly public in the area of automatic external installed. FP&S Grants promote the use of defibrillators (AEDs), Cardio-Pulmonary smoke alarms that are powered by non- Resuscitation (CPR), or age-appropriate removable, non-replaceable batteries that fire extinguisher training will be power the smoke alarm for a minimum of 10 considered. However, if the projects are for years and are enclosed within a tamper- fire department operational staff, these resistant housing. Applicants that do not plan projects should be requested under the on using these types of alarms should address AFG Grants. the rationale for using alternatives. Training: Local or regional projects to Wildland Fire Prevention Programs: educate or train personnel in the area of Education and awareness programs that public education are eligible under this protect lives, property, and natural activity. resources from fire in wildland/urban interface, including Community Wildfire Protection Plans (CWPP) or Firewise programs, should be applied for under this activity. Fuel reduction demonstrations, in a targeted location as part of an awareness and education effort, are considered. Prescribed burns and fuel reduction equipment are not eligible. General Prevention/Awareness: Projects Juvenile Firesetter Projects: Projects that that include general prevention initiatives, are designed to mitigate the instances of including studies, lock-box installation, fire set by children are eligible under this Carbon-Monoxide (CO) detectors, address activity. Projects may have treatment and markers, cooking range technologies, etc., intervention components. The intervention will be eligible under this activity. components should be age appropriate. Risk Assessments: Applicants may request assistance to conduct formal or informal risk assessments of their target audience vulnerabilities with respect to fire. NOTE: Applications that request a risk assessment are precluded from applying for additional projects. 35 Code Enforcement/Awareness Priority Priority is given to projects that focus on first time or reinstatement of code adoption and code enforcement. Other Code Enforcement/Awareness Eligible Projects • Assistance for the adoption or awareness of building codes • Promotion of code enforcement to improve engineering and/or enacting fire-related ordinances for new construction • Support for conducting inspections (including personnel costs, equipment, code books, and/or training assistance) Fire & Arson Investigation Priority Priority will be given to projects that aim aggressively to investigate every fire. Other Fire & Arson Investigation Eligible Projects • Costs for arson investigation trailers • Equipment • Arson investigator training • Arson prevention training • Arson-related surveillance equipment • Personnel costs • Educational materials • Media equipment National/State/Regional Programs and Studies Priority is given to projects that focus on residential fire issues and/or firefighter safety projects or strategies that are designed to measurably change firefighter behavior and decision-making. Fire departments that wish to carry out internal, local, firefighter safety projects should apply for this activity under the Assistance to Firefighters Grant Program. The following tables describe the projects and items that are ineligible under the FP&S Activity: Ineligible Projects and Items for 'FP&S Activity • Educational props (i.e., tools that are Fire suppression equipment, supplies, used in educational or awareness vehicles 36 Ineligible Projects and Items for FP&S Activity demonstrations) that are not a part of a • Firefighting training tools or equipment, comprehensive educational program, a personal protective gear, fitness planned educational effort, or lack equipment, or immunizations description of these elements* • Installation of sprinkler systems that do • AED, CPR, or fire extinguisher training not include an educational/demonstration for operational staff component • Fire hydrants/dry hydrants, supplies, • Suppression-related training including labor, and installation costs Firefighter I, Firefighter 11, wildland • Wildland fire fuel reduction projects that firefighting, training exercises, or drills are prescribed burns or fuel reduction for suppression or disasters activities equipment • Communication equipment, including • Weather/disaster notification devices portable radios or computer-aided (sirens, etc.) dispatch (CAD) systems • Driver simulator training tools that are • Community projects that include the use not part of a state or national education of tot finder/child finder, seniors, or pet effort that leads to driver certifications finder decals compliant to NFPA 1002 or its • Hydrant poles or markers equivalent • Fire-retardant house gel(s) • Sprinkler head caps • Fire safety equipment (e.g., smoke • Development of Administrative alanns, carbon monoxide detectors, surge Documents (e.g., SOPs, manuals) protectors) that does not adhere to a fire • Live animals service recognized standard (e.g., non- Firearms UL, listed, ANSI fire safety equipment) • Equipment that is considered • Alarm system and alarm system entertainment as opposed to educational installation tools that are part of a comprehensive • Equipment that has no intrinsic fire program prevention or life safety education • Fire extinguisher training for children application under 14 years old and adults over the • Command Center Packages on fire safety age of 65 trailers • Fire extinguisher training that is not part of a comprehensive* prevention/ education program *See above for further information regarding a "Comprehensive Fire and Life Safety Education Program." B. Research and Development (R&D) Activity Priorities and Project Eligibility Information The goal of the R&D Activity is to reduce firefighter line-of-duty fatalities and injuries through research to improve firefighter safety, health, or wellness. 37 In June 2005, the National Fallen Firefighters' Foundation (NFFF) hosted a working group to facilitate the development of an agenda for the nation's fire service, and in particular for firefighter safety. In May 2011, the NFFF again hosted a working group to update the agenda with current priorities. A copy of the research agenda is available on the NFFF Website at hnp://www.eveiyonegoeshome.com/syLuposium.html. Projects that meet the intent of this research agenda with respect to firefighter health and safety, as identified by the NFFF working group, will be given consideration. However, the applicant is not limited to these specific projects. All proposed projects, regardless of whether they have been identified by this working group, will be evaluated. Applicants are strongly encouraged to seek partnerships with the fire service that will support the ongoing project efforts from design through dissemination and implementation (of positive results). It would be appropriate for most applications to include one or more local or regional fire departments and one or more national or international level fire-related organizations. Since the R&D Activity aims to improve the safety, health, or wellness of firefighters, having strong partnerships with the fire service is essential to the likely relevance and effectiveness of the project. Letters of commitment to actively participate in the project from the fire service are encouraged and may be inserted in the Appendix Section of the application for funding. Cost effectiveness analysis is encouraged, in clinical, technology and product development, and dissemination and implementation research projects. Ultimately, the use of cost effectiveness results will be based on the overall study being successful and finding that firefighter safety, health, or wellness was improved by the program, policy, or product. All proposed R&D Activities must address the potential for improvement in firefighter safety, heath, or wellness both in the short term and long term. Proposed projects must address the potential for a successful research outcome to be implemented in the fire service and reduce firefighter fatalities or injuries. The following are descriptions of five R&D Activity categories. These categories are not listed in order of importance. This is not intended to be an all-inclusive list of projects that will be considered. Applicants may also find the list of previously funded R&D projects on the AFG Website at http://www.fema.goy/fire rg ants. 38 Clinical Studies Clinical R&D Activities include projects that address behavioral, social science, and cultural research as well as physiological and medical research activities. Such studies must address the relevant aspects of reducing fatal and non-fatal injuries among firefighters and, where possible, have rigorous design that permits attribution of results to the intervention. In addition to being relevant and rigorous, each study should target the appropriate level of investigation, based on the state of the science. At the most basic level, the study might be foundational, investigating the underlying risk and protective factors associated with certain injury outcomes. These may include the following: • Individual level characteristics • Departmental/organizational policies • Firefighters behavioral practices and norms • Environmental factors Where evidence exists to progress to more applied research, the study should emphasize intervention development and testing for effectiveness, including in the field setting. For instance, if certain tests in clinical care settings are known to identify those at risk for cardiovascular events, then the study may focus on modification of, if necessary, and implementation of such tests in fire service settings. To ensure study rigor, the study's design would use a randomized control trial, with comparison to usual care. Inclusion of a cost- effectiveness analysis is strongly encouraged. Where the effectiveness of an intervention has been established in the field setting, the final level of study aims to facilitate adoption of the research results in the fire service by conducting dissemination and implementation research. Such study may investigate the impact of strategies for widespread implementation with fidelity (see Dissemination and Implementation R&D Activity category). Technology and Product Development Technology and product development activities include projects that result in outcomes that can enhance safety of firefighter activities. Firefighter safety can be improved through greater understanding of fire phenomena inside and outside structures, and the development of products to enhance firefighter situational awareness and effectiveness. Projects can develop new technology or adapt existing products and technology to new uses. Projects shall address the safety of firefighters for all types of fire incidents including residential, commercial, industrial, and wildland fires. Technology and product development projects can address fire and firefighting hazards by making use of technology transfer 39 Technology Product Development opportunities in which existing technologies can be adapted to enhance firefighter safety. As the intention of the R&D Activities is to deliver outcomes that are likely to be implemented nationally by the fire service, inclusion of a cost-effectiveness analysis is encouraged. Technology and product development projects need to access the ultimate practicality of deployment and use of the results by firefighters during actual firefighting operations. In making a selection of local fire department and/or national fire service organization partners, consideration should be given to the capabilities of the partners to assist in the evaluation of the project outcomes. Database Development Database systems are used for the systematic collection of information that aims to determine the predictors and correlates for incidents pertaining to fatal and non-fatal injuries. The focus of the data collection may include but is not limited to: • Firefighter demographic and health factors (e.g., age, blood pressure) • Firefighter employment factors (e.g., shift, volunteer, training) • Firefighter safety behaviors (e.g., seat belt use, hydration) • Firefighting equipment • Personal protective equipment (PPE) • Departmental/organizational safety policies and practices • Cultural or social norms regarding injury prevention practices • Community-based resources (e.g., hospitals, communication systems) • Environmental factors such as local building structures, types of building materials Applications may, for instance, focus on the design and feasibility of a new database system, expand variables and/or data collection methods, seek to build upon an existing database system, or move from a local level database system to a broader state or regional level system. Dissemination Implementation Research Applications may propose dissemination and implementation research projects including the ways new programs, policies, or products, with credible evidence of effectiveness, are moved to nationwide adoption and use. Credible evidence of effectiveness is defined as positive results from systematic and rigorous study, and the absence of negative results or side effects. For instance, this category may be used to apply to conduct a study for the dissemination and implementation of a result from a prior firefighter safety, health, or wellness R&D Activity, provided the project resulted in success as represented by publication in a peer review journal 40 1 and Implementation Research or other expert review of findings deemed appropriate by the grantor. Preliminary Studies Project ideas may require information, evidence, experimentation, and study in order to justify a larger and complete project that can impact firefighter safety, health, or wellness. Preliminary studies of one-year duration may be proposed to obtain a sufficient amount of evidence to justify a future larger study. Preliminary studies, while more narrow in scope, must have the same high levels of scientific rigor and relevance to the fire service as studies in other R&D categories. The successful completion of a preliminary study does not result in special priority for the larger follow-on proposal submitted in a subsequent application period. The level of funding requested should be appropriate to the limited goal and purpose of the preliminary effort. The following tables describe projects and items that are ineligible under R&D. Ineligible Projects 1 R&D Activity • Projects that focus primarily on • Projects that emphasize funding for curriculum development and delivery of service delivery education or training materials • Applications that include violations of • A descriptive study about the fire service intellectual property or any study without reduced firefighter • Applications that do not adhere to the injury or enhanced firefighter safety aims guidelines related to the contents of the • Projects with local emphasis and little or Appendix and Narrative statements no indication of application to the broader • Applications that do not follow the fire service specified page size, font, and margin format IX. Human Subjects Research The information in this appendix pertains only to those studies that include human subjects. Human subjects may be, for instance, firefighters who participate in laboratory or field testing. As it would be standard practice for such research in the clinical sciences, all Principal Investigators (PIs) with studies involving human subjects must submit their protocols to their local Institutional Review Board (IRB). IRB approval must precede any research activities involving human subjects. 41 In addition, DHS-funded research that involves human subjects carries with it an additional obligation that involves review and approval by the DHS Regulatory Compliance Office (RCO). The FEMA AFG/FP&S Program Office will serve as liaison for your gaining DHS approvals prior to proceeding with the human subjects aspects of your project. If the project is non-clinical, such as a technology project that is primarily product development with an emphasis on engineering, it is possible that such a project may be exempt from RCO review and approval. Such determination will be made by the FEMA AFG/FP&S Program Office following award. DHS/FEMA has a responsibility to ensure that mechanisms and procedures are in place to protect the safety of human subjects in DHS/FEMA supported research. DHS requirements are set forth in DHS Management Directive No. 026-04, Protection of Human Subjects, which adopts 45 CFR Part 46, Subparts A-D. A grantee must agree to meet all DHS requirements for studies using human subjects (and ensure any sub- grantees or sub-contractors meet those requirements) prior to implementing any work with human subjects. Therefore, before enrolling participants or commencing research involving human subjects, a grantee will provide a copy of the following for review and approval by the DHS Regulatory Compliance Office (RCO): • Department of Health and Human Services (HHS) Federal-wide Assurance (FWA) Number (NOTE: The RCO will assist domestic or international institutions that do not currently have a FWA in submitting an application to HHS) • Documentation of review by an Institutional Review Board (IRB) registered with HHS, including IRB registration number, IRB name, and notice of IRB approval or exemption of the relevant research • IRB-approved research protocol • IRB-approved informed consent document (template) or IRB waiver of informed consent Documentation should be submitted to the FEMA AFG/FP&S Program Office which coordinates directly with the RCO. The RCO will conduct a regulatory compliance assessment and forward comments or concerns to the grantee. The grantee must address in writing all regulatory concerns to the satisfaction of the RCO before a letter of certification is issued and participant enrollment can begin. However, development of tools (e.g., survey instruments), protocols, and data gathering approaches may proceed prior to project certification. The grantee must submit annual reports to the RCO to include evidence of subsequent IRB reviews, amendments, or any changes of protocol. 42 X. BIOGRAPHICAL SKETCH SAMPLE FOR RESEARCH AND DEVELOPMENT PROJECTS Applicants for the R&D Activity should provide Curriculum Vitae (CV) for PIs and also for lead scientists in the application appendix. The application is limited to a maximum of two pages per CV. Font Size: Minimum l lpt; Font Type: Times New Roman or Arial; Amount of Pages: Two (maximum) Must be completed by PI and Co-PI(s) NAME POSITION TITLE (Last, First, Middle) Institution/Organization EDUCATION/TRAINING (Begin with baccalaureate or other initial professional education, such as nursing, and include postdoctoral training.) DEGREE FIELD OF INSTITUTION AND LOCATION (if YEAR(s) STUDY applicable) • Positions. List all appointments or other professional positions held, beginning with your present position and include years, title, organization, city, state, and country. • Service. Include all positions held on advisory committees or other working groups, including all Federal Government advisory committees or other public working groups, beginning with most recent. • Honors. Include all honors received in past 10 years and selected others. • Peer reviewed publications. Include all peer reviewed publications in past 10 years, beginning with most recent, and selected others. • Other publications. Include all documents produced in past 10 years, beginning with most recent, and selected others. • Research Support. List funding sources and amounts for all ongoing and completed research projects (federal and non-federal support) for past 10 years and selected others. 43 Appendix B - AWARD ADMINISTRATION INFORMATION Appendix B contains more detailed information on FP&S Award Administration. Reviewing this information may help grantees in the programmatic and financial administration of their award(s). 1. Cost Sharing and Maintenance of Effort Requirements A. Cost Sharing In general, an eligible applicant seeking an FP&S Grant to carry out an activity shall agree to make available non-federal funds to carry out such activity in an amount equal to and not less than five percent of the grant awarded. The cost share is automatically calculated by the eGrant system in the Budget section of the application. All grantees should ensure that they are thoroughly familiar with FEMA's cost sharing requirements identified above, as well as appropriate cost principles in the federal regulations applicable at the time a grant is awarded to a grantee. www.fema.gov/frequently-asked-questions-0. The grantee is not required to have the cost share at the time of application, nor at the time of award. However, before a grant is awarded, FEMA will contact potential awardees to determine whether the grantee has the funding in hand or if the grantee has a viable plan to obtain the funding necessary to fulfill the cost sharing requirement. NOTE: The Administrator of FEMA may waive or reduce Cost Share requirements in cases of demonstrated economic hardship. See Appendix B, Award Administration Information, 1. Cost Sharing and Maintenance of Effort Requirements, C. Economic Hardship Waivers of Cost Share and Maintenance of Effort Requirements for the Assistance to Firefighters (AFG) and Fire Prevention & Safety (FP&S) Grant Programs. Types of Contributions 1) Cash Cost share match (cash or hard match), including non-federal cash spent for project-related costs. 2) In-Kind In-kind (soft; other than cash payments) cost share matches are allowable for FP&S Grants. Such matches include, but are not limited to, the valuation of in-kind services, complementary activities, and provision of staff, facilities, services, material, or equipment. In-kind is the value of something received or provided that does not have a cost associated with it. For example, where an in-kind match is permitted, then the value of donated services could be used to 44 comply with the match requirement. Also, third party in-kind contributions may count toward satisfying match requirements, provided the grantee receiving the contributions expends them as allowable costs in compliance with provisions listed above. Grantees who use in-kind contributions for their five percent cost share must comply with all applicable regulations and OMB Circulars regarding matching or cost-sharing. Applicants who are under consideration for award and plan to use in-kind as their method for cost sharing will be asked to submit their plan for documenting and verifying in-kind contributions prior to award. For more information on the OMB circulars, A-87, A-102 and A-110, please visit http://www.dhs.gov/xlibrary/assets/cfo-financial-magg ement- policy-manual.pd£ B. Maintenance of Effort An applicant seeking an FP&S Grant shall agree to maintain during the term of the grant the applicant's aggregate expenditures relating to the activities allowable under this FOA at not less than 80 percent of the average amount of such expenditures in the two fiscal years preceding the fiscal year in which the grant award is received. NOTE: The Administrator of FEMA may waive or reduce Maintenance of Effort requirements in cases of demonstrated economic hardship. C. Economic Hardship Waivers of Cost Share and Maintenance of Effort Requirements for the Fire Prevention & Safety (FP&S) and Assistance to Firefighters (AFG) Grants Programs In cases of demonstrated economic hardship, and upon the request of the grantee, the administrator may waive or reduce an AFG or FP&S Grantee's cost share or maintenance of effort requirement for certain grantees. 15 USC § 2229(k)(4)(A). This policy applies to FP&S per § 33 of the Federal Fire Prevention and Control Act of 1974 (Pub. L. No. 93-498, as amended) (15 USC § 2229). For complete requirements concerning these waivers, including a description of how a grantee may demonstrate economic hardship and apply for a waiver, please refer to FEMA Policy FP 207-088-01, dated April 8, 2014, at http : //www. fema. gov/media-library-data/ 13 9810923 943 5 - ec23997d8351382710896fa77d02bc7d/AFG+Economic+Hardship+Waiver+Polic y.pdf. IL Other Allowable Costs A. Management and Administrative Costs Management and Administration costs are activities directly related to implementation and management of the awarded program. No more than three 45 percent of the federal share of FP&S Funds awarded may be retained by the grantee for management and administration (M&A) purposes associated with the FP&S Grant. If you are requesting administrative expenses, you must list the costs under the Other category in the budget, and explain the purpose for the administrative costs in your Project Narrative. Administrative costs should be based on actual expenses only, not a percentage of the overall grant. Examples of eligible administrative costs include shipping, audit costs, grant writer fees, office supplies, and computers and software associated with the NFIRS reporting requirements. NOTE: Grant funds may not be used for insurance, Internet service provider fees, or any similar monthly service fees. NOTE: Management and administrative expenses should be based only on actual expenses or known contractual costs; requests that are simple percentages of the award, without supporting justification, will not be considered for reimbursement. B. Indirect Costs Indirect costs are allowable under this program, but only if the applicant has an approved indirect cost rate agreement with the cognizant federal agency. A copy of the approved rate (a fully executed agreement negotiated with the applicant's cognizant federal agency) is required at the time of application. Indirect costs will be evaluated as part of the application for federal funds to determine if allowable and reasonable. Indirect Costs are those that are incurred for common or joint purposes. Indirect costs benefit more than one cost objective and cannot be readily identified with a particular final cost objective without efforts disproportionate to the results achieved. C. Audit Costs Certain recipients of federal funding must comply with the Single Audit Acts Amendments of 1996 (31 USC 7501-7507); 31 USC 503, 1111; Executive Order 8248; Executive Order 11541; and the federal regulations applicable at the time a grant is awarded to a grantee. (For further information on audit compliance, see the full FOA, Section VI. Post-Selection and Pre-Award Guidelines) Reasonable costs incurred for such an audit are an eligible expenditure and should be included in the applicant's proposed budget. For more information about OMB Circulars, please visit www.whitehouse.gov/omb/circulars. Audit costs are considered administrative expenditures and may be treated as a direct cost or an allocated indirect cost, as determined in accordance with the 46 provisions of applicable OMB cost principles circulars or other applicable cost principles or regulations. If the FP&S Grantee is the recipient of multiple federal funding sources, then only a pro rata share of the audit cost(s) may be chargeable to their FP&S Award. Example: If during their fiscal year, an organization expends $100,000 from an FP&S Award and $400,000 from other federal sources, FEMA AFG/FP&S Program Office will only allow ($100,0001$500,000 = 115) one-fifth of the audit cost(s) to be charged to the FP&S Award. The AFG Program does not require any other audits; therefore, you cannot charge any audit expenses that are not directly related to an audit required by either OMB Circular A-133 or Subpart F of 2 CFR Part 200. D. Remodeling or Renovation Costs Construction costs are not eligible under the FP&S Grants. Construction includes major alterations to a building that changes the profile or footprint of the structure. However, renovations to an existing facility are allowable, but limited to minor interior alterations costing less than $10,000. In order to be eligible, renovations must be essential to the successful completion of the grant scope of work and costs must be reasonable and justified. E. Vehicle Costs Tow vehicles or other means of transport may be eligible as a transportation expense if adequately justified in the proposal. Vehicle costs are limited to $6,000 per application. F. Pre-award Costs Generally, grantees cannot use grant funds to pay for products and services contracted for or purchased prior to the effective date of the grant award. • Fees for grant writers may be included as a pre-award expenditure. Fees payable on a contingency basis are not an eligible expense (See Appendix B, 11. Other Allowable Costs, H, Grant Writer Fees). • The only costs or acquisitions that may be considered for pre-award are those costs obligated after an application's submission but prior to an offer of award. • An applicant must notify FEMA in writing and in advance of their intent to spend funds that will be requested as a pre-award expense. This notification shall be sent via email to the AFG/FP&S Help Desk (FireGrantsgfema.dhs.gov), so the request may be reviewed and entered into their eGrants application file. 47 • A grantee may only request pre-award costs after an offer of award has been made, via a Scope of Work Amendment to the FEMA AFG/FP&S Program Office, using the online eGrants management system. • All pre-award costs will be decided on a case-by-case basis. Pre-award costs are only permitted with the written approval of FEMA. • Expenses incurred after the application deadline, but prior to award, may be eligible for reimbursement if the expenses were justified, unavoidable, consistent with the grant's scope of work, and specifically approved in writing by FEMA (Scope of Work Amendment) after an offer of award has been made and accepted. Pre-award purchases made for the purpose of convenience, to obtain more favorable pricing, or to replace equipment that is still operational are not considered to be unavoidable and will not be considered for reimbursement. • Final approval will be given after all invoices and related procurement documents have been reviewed by FEMA to ensure the obligation occurred after the application submission, but prior to an offer of award, and is justified, unavoidable, and consistent with the grant's scope of work. G. Grant Writer Fees Fees for grant writers may be included as a pre-award expenditure. Fees payable on a contingency basis are not an eligible expense. For grant writer fees to be eligible as a pre-award expenditure, the fees must be specifically identified and listed in the Request Details section of the application. FP&S only will consider reimbursements for application preparation, not administration, up to but not more than $1,500. Pursuant to 2 CFR Part 180, grantees may not use federal grant funds to reimburse any entity, including a grant writer or preparer, if that entity is a suspended or debarred party. Grantees must verify that the contractor is not suspended or debarred from participating in specified federal procurement or non-procurement transactions pursuant to 2 CFR § 180.300. By submitting the application, you are certifying all of the information contained therein is true and an accurate reflection of your organization, and that regardless of the applicant's intent, the submission of information that is false or misleading may result in actions by FEMA that include but are not limited to the submitted application not being considered for award, an existing award being locked pending investigation, or referral to the DHS Office of the Inspector General. Prior to submission, please review all work produced on your behalf by grant writers or third parties for accuracy. In addition, the fees must have been paid prior to any contact with FEMA grants operations staff or an award (i.e., paid within 30 days of the end of the application period). Applicants may be required to provide documentation to support these pre-award expenditures. A copy of the cancelled check and bank statement shall be provided upon request. Failure to provide the requested documentation may result in the grant writer fee being deemed ineligible and the grant reduced accordingly. 48 FEMA strongly recommends that the applicant keeps a record of their organization's username and password. NOTE: FEMA requires that all grant writer or preparer information must be entered into the Overview section of the FP&S Application, whether that person, entity or agent is compensated or not. H. Prepayments A grantee may not use grant funds to prepay for any products or services in advance of delivery of the products or rendering of services. 1. Taxes, Fees, Levies and Assessments Any legally non-avoidable federal, state, or local tax, fee, levy, or assessment costs directly related to any eligible FP&S Program acquisition activity may be charged to the appropriate FP&S Award. These charges shall be identified and enumerated in the FP&S Application's Narrative and the Request Details section of the acquisition activity. NOTE: Any avoidable costs that result from the action or inaction of a grantee (or grantee's agent), or that prevents that grantee from enjoying any lawful exemption or reduction of any federal, state, or local tax, fee, levy, or assessment directly related to any eligible FP&S Grant Program acquisition activity, will not be chargeable to any FP&S Award. J. Environmental Planning and Historic Preservation Compliance As a federal agency, FEMA is required to consider the effects of its actions on the environment and/or historic properties to ensure that all activities and programs funded by the agency, including grants-funded projects, comply with Federal EHP regulations, laws, and Executive Orders as applicable. Grantees and sub-grantees proposing projects that have the potential to impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities, must participate in the FEMA EHP review process. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so that FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. In some cases, FEMA is also required to consult with other regulatory agencies and the public in order to complete the review process. The EHP review process must be completed before funds are released to carry out the proposed project. It is FEMA's policy to not fund projects that have been initiated or completed before any required EHP review has been conducted. Grantees are encouraged to submit EHP Screening Forms as soon as possible to ensure that adequate time is allowed for 49 the EHP review. The GPD EHP Screening Form can be accessed at hILtp://www.fema.i4ov/media-library/assets/documents/90195. EHP Policy Guidance can be found in FP 108-023-1, Environmental Planning and Historic Preservation Policy Guidance, at http://www.fema.gov/media- library/assets/documents/85376, and FP 108-024-4, FEMA Environmental Planning and Historical Preservation Policy, at http://www.fema.gov/media- library-data/1388411752234-6ddb7912195la68e9ba036d2569aa488/18Decl3- NoNEPAReview.Rd£ Furthermore, for those proposed renovation projects that are part of larger projects funded from a non-FEMA source (such as an emergency operation center that is part of a larger proposed public safety complex), a FEMA EHP review must be completed before the larger project is initiated. For these types of projects, grantees must complete the FEMA EHP Screening Form (OMB Number 1660-0115/FEMA Form 024-0-01) and submit it with all supporting documentation to the GPD EHP Team at GPDEHPInfo(a,fema.gov for review. Grantees should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving the grant award. The following activities would not require the submission of the FEMA EHP Screening Form: • Planning and development of policies or processes • Management, administrative, or personnel actions • Classroom-based training • Tabletop exercises • Acquisition of mobile and portable equipment (not involving installation) on a building. FP&S Projects that involve the installation of equipment not specifically excluded from a FEMA EHP review per the GPD Programmatic Environmental Assessment (PEA), ground-disturbing activities, or modification/renovation of existing buildings or structures must undergo a FEMA EHP review (for more information on the PEA, see FP 108-023-1). The FEMA GPD-EHP Team provides guidance and information to grantees related to submission of materials for EHP review. All EHP review packets should be sent to gpdehpinfo ,fema.gov. III. Procurement Integrity Through audits conducted by the Department of Homeland Security's Office of Inspector General (01G) and the FEMA AFG/FP&S Program Office grant monitoring, findings have shown that some FP&S Grant recipients have not fully adhered to the proper procurement requirements when spending grant funds. Anything less than full compliance with federal procurement policies jeopardizes the integrity of the grant as well as the grant program. Below, we highlight the federal procurement requirements for 50 fire departments, and organizational grantees when buying goods and services with federal grant funds. DHS will include a review of grantees' procurement practices as part of the normal monitoring activities. Competition; all procurement transactions shall be conducted in a manner that: • Provide open and free competition • Promote competition and ensure advantageous pricing NOTE: In addition to following applicable federal regulations in effect at the time a grant is awarded to a grantee, grantees must also follow their own written procurement procedures as well as all applicable state and local laws and regulations. NOTE: FP&S will consider acquisitions by a grantee who has formally adopted internal or governing polices and authorizes acquisitions through prequalified lists of persons, firms, or products which are used in acquiring goods and services, e.g., Government Services Administration (GSA) schedule or co-operative or group purchasing, as having satisfied FP&S Program requirements for competition, so long as those prequalified lists are current and include qualified sources to ensure maximum open and free competition. Also, the grantee must not preclude potential bidders from qualifying during the solicitation period. FP&S will consider existing previously bid or state contracts ("tag along" contracts) to satisfy federal requirements for competition so long as they also confirm to the applicable federal procurement regulations in effect at the time the grant is awarded. NOTE: Grantees who fail to adhere to their own procurement policy, or otherwise fail to fully complete any purchase involving federal funds, may find that their expenditures questioned and subsequently disallowed. NOTE: To the greatest extent possible, the use of federal grant funds should be used for the purchase of goods and services manufactured, assembled, and distributed in the United States. NOTE: Grantees must provide written notification to FEMA of their intent to utilize a non-competitive procurement process for the acquisition of FP&S-funded products or services. Examples of non-competitive procurements include, but are not limited to, the use of sole source procurements and specifying products or services by brand name. A. Documentation At a minimum, grantees are required to maintain and retain the following: • Backup documentation, such as bids and quotes • Cost/price analyses on file for review by federal personnel • Other documents required by federal regulations applicable at the time a grant is awarded to a grantee. The required documentation for federally funded purchases should include: • Specifications 51 • Solicitations • Competitive quotes or proposals • Basis for selection decisions • Purchase orders • Contracts • Invoices • Cancelled checks NOTE: Grantees who fail to fully document their purchases may find their expenditures questioned and subsequently disallowed. B. Specifications When creating your bid specifications, and prior to being sent to the prospective bidders, you should ensure the following: • Bids and specifications are not proprietary to any one product or manufacturer. • Applicable federal regulations in place at the time a grant is awarded are followed • In-state or local geographical preferences are not imposed in the evaluation of bids or proposals. • Product information is obtained from vendors in order to be more informed about the items they plan to purchase. • Specifications obtained from vendors for any solicitation with federal grant funds are not used if the specifications would be found to be restrictive. NOTE: Vendors and manufacturers may provide product and technical information to grantees for consideration. The applicants may use this information during the grantees' product evaluation and drafting of solicitation specifications. However, vendors and manufacturers that develop or draft specifications, requirements, statements of work, and invitations for bids or requests for proposals must be excluded from competing for such procurements. C. Personal and Organizational Conflict of Interests The grantee must adhere to standards of conduct and avoid conflicts of interest when procuring goods or services with federal grant funds in accordance with applicable federal regulations in effect at the time a grant is awarded to a grantee. The grantee must maintain written standards of conduct covering Conflicts of Interests and governing the performance of its employees engaged in the selection, award, and administration of contracts. No employee, officer, or agent must participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent Conflict of Interests. Such a Conflict of Interests would arise when the employee, 52 officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-federal entity must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non-federal entities may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the grantee. NOTE: For the purposes of this program, FEMA considers volunteers of an organization and grant writers to be employees, officers, and/or agents of the grantee. As such, no volunteer or member of an organization or anyone involved in the application for funding can participate in, or benefit from, the procurement if federal funds are involved. Grantees who purchase items with grant funds from vendors who employ any of their volunteers/members will have to document how they avoided a Conflict of Interests during the procurement process (i.e., specific details regarding how the members/volunteers removed themselves or how they were prevented from participating in the process). Grantees may be required to provide this documentation upon request. Grantees who fail to fully document their purchases may find their expenditures questioned and subsequently disallowed. Remember that FEMA reserves the right to request and review any and all bids/spec prior to purchase. Grantees may be subject to an audit after award. NOTE: Help FEMA prevent fraud, waste, and abuse. If you have information about instances of fraud, waste, abuse, or mismanagement involving FEMA programs or operations, you should contact the DHS OIG Hotline at (800) 323-8603, by fax at (202) 254-4297, or e-mail DHSOIGHOTLINE(a,,dhs.gov. IV. Notice of Award Upon approval of an application, the award will be made in the form of a grant. The date the approval of award is signed by the authorized official of the federal awarding agency is the award date. For the FP&S Notification of Award, approval is made through an automatic e-mail from the eGrant system to the grantee's point of contact listed in the initial application. Once an award has been approved and recorded in the system, a notice is sent to the authorized grant official. Follow the directions in the notification to accept your award documents. The authorized grant official should carefully read the 53 award package for instructions on administering the grant and to learn more about the terms and conditions associated with responsibilities under federal awards. V. Amendments FP&S Award amendments may be approved, on a case-by-case basis, for the following reasons: • Period of Performance (extension request/reopen award to complete original scope of work) • Scope of Work (activity/mission changes, retroactive approval [pre-award], closeout issues, some excess funds requests, requests for economic hardship Cost Share waiver, and requests for maintenance of expenditure waivers) • Cost over/under run (adding funds to award/non-closeout deobligation* of funds) Amendments will only be considered when submitted via the eGrant system online. These requests must contain specific and compelling justifications for the requested change. FP&S strongly encourages the timely expenditure of grant funds by grantees to be consistent with the goals and objectives outlined in FP&S Programs. *A grantee may deobligate (return) unused funds (those remaining funds drawn down via payment request and/or remaining award funding that was never requested) to DHS prior to the end of an award's Period of Performance. To exercise this option, a grantee must submit a Cost Over/Under Run Amendment via the eGrant system and state in their amendment that the unliquidated funds (funds to be returned) are not necessary for the fulfillment or success of the grant's obligations or mission. The grantee must also indicate that it is understood that the returned funds will be deobligated and unavailable for any future award expenses. Deobligation of funds will decrease the federal portion of the grant and the amount of the grantee's Cost Share obligation. The FEMA AFG/FP&S Program Office will confirm deobligation amendments with all points of contact; after confinnation of the grantee's intent to deobligate, the FEMA AFG/FP&S Program Office will hold the approved deobligation request for 14 calendar days as a period for "grantee reconsideration" before processing the deobligation request. To return grant funding that has been drawn down but is no longer required, the grantee must complete and attach the "Return of Funds to FEMA" Form to any remittance (mailing instructions are on the form). The form is available at http://www.fema.gov/library/viewRecord.do?id=7080. A. Period of Performance Extensions Extensions to the initial Period of Performance identified in the award will be considered only through formal, written requests to FEMA with specific and compelling justifications as to why an extension is required. All extension requests must address the following: 54 1. Grant Program, fiscal year, and award number 2. Reason for delay - this must include details of the legal, policy, or operational challenges being experienced that prevent the final outlay of awarded funds by the applicable deadline 3. Current status of the activity/activities 4. Approved Period of Performance termination date and new project completion date 5. Amount of funds drawn down to date 6. Remaining available funds, both federal and non-federal 7. Budget outlining how remaining federal and non-federal funds will be expended 8. Plan for completion including milestones and timeframes for achieving each milestone and the position/person responsible for implementing the plan for completion 9. Certification that the activity/activities will be completed within the extended Period of Performance without any modification to the original Statement of Work approved by FEMA 10. Potential impacts if FEMA does not approve the extension request or approves the request for a shorter period of time than requested Awardees must submit all proposed extension requests to DHS/FEMA for review and approval at least 60 days prior to the end of the Period of Performance. VI. Sub-Grants Under FP&S AFG Programs, including the FP&S Grant Program, do not allow for sub-grantees or sub-recipients. All activities of the FP&S Award Recipients, supporting the Scope of Work, shall only be on a contractual basis. VII. Payment/Drawdown/Rebates DHS/FEMA uses the Direct Deposit/Electronic Funds Transfer (DD/EFT) method of payment to recipients. To enroll in the DD/EFT, the recipient must complete a Standard Form 1199A, Direct Deposit Form. FEMA utilizes the eGrants System for the full lifecycle of the grant. Please use the following link to access the system https://portal.fema.gov/famsVuWeb/home. Grantees should not expend funds or request a drawdown until all special conditions listed on the grant award document have been met and the award is approved for payment in the eGrants system. Grant recipients should maintain procedures to minimize the time elapsing between the transfer of funds and the disbursement of those funds (see 31 CFR Part 205). If the grant recipient does not follow procedures, it will be required to be on a reimbursement for costs incurred method. 55 FP&S Payment/Drawdown Requests from state or local government entities will be governed by applicable federal regulations in effect at the time a grant is awarded to the grantee and may be either advances or reimbursements. Grantees should not expend funds or request drawdowns until all special conditions listed on the grant award document have been met and request for payment in the eGrants system has been approved. Grant recipients should drawdown funds based upon immediate disbursement requirements; however, FEMA strongly encourages recipients to drawdown funds as close to disbursement or expenditure as possible to avoid accruing interest. A. Advances Grantees shall be paid in advance, provided they maintain or demonstrate the willingness and ability to maintain procedures to minimize the time elapsing between the transfer of the funds and their disbursement by the grantee. NOTE: With regard to interest earned on advances, state and local government entities should follow applicable federal regulations in effect at the time a grant is awarded to the grantee: Interest earned on advances. Except for interest earned on advances of funds exempt under the Intergovernmental Cooperation Act (31 USC § 6501 et seq. and the Indian Self-Determination Act (23 USC § 450), grantees shall promptly, but at least quarterly, remit interest earned on advances to the federal agency. The grantee may keep interest amounts up to $100 per year for administrative expenses. Although advance drawdown requests are permissible, grantees remain subject to the interest requirements of the Cash Management Improvement Act (CMIA) and its implementing regulations at 31 CFR Part 205. Interest under CMIA will accrue from the time federal funds are credited to a grantee's account until the time the grantee pays out the funds for program purposes. FEMA strongly encourages recipients to draw down funds as close to disbursement or expenditure as possible to avoid accruing interest. For the rate to use in calculating interest, please visit Treasury Current Value rate at http:www.fms.treas.gov/cvfr/index.html. B. Reimbursement Reimbursement of the grantee is the preferred method when the requirements to be paid in advance, per applicable federal regulations in effect at the time a grant is awarded to the grantee, cannot be met. In accordance with US Dept. of Treasury regulations at 31 CFR Part 205, the recipient shall maintain procedures to minimize the time elapsing between the transfer of funds and the disbursement of said funds. 56 C. Payment Requests during Closeout For 90 days after the expiration of the Period of Performance, a grantee may only submit reimbursement payment requests during an award's closeout reconciliation. Reimbursement payment requests shall only be for obligations that were encumbered within the active Period of Performance of the award. The grantee's request should contain clear and specific information certifying that the liquidation of federal funds is reimbursement for an encumbrance or obligation that occurred within the active Period of Performance; FEMA may request documentation support for the reimbursement for review. D. Rebates Grantees shall disburse program income, rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting additional cash payments, in accordance with applicable federal regulations in effect at the time a grant is awarded to a grantee. The reduction of federal financial participation via rebates/refunds may generate excess funds for the grantee, if the grantee had already obligated their Cost Share match based upon the original award figures. If the grantee had already obligated their original Cost Share prior to the rebate, then the grantee may have minimum excess funds equal to the difference between the original Cost Share less the rebate adjusted Cost Share. VIII. Equipment Marking Awardees may consider marking equipment as "purchased with funds provided by the US Department of Homeland Security" in order to facilitate their own audit processes, as well as federal audits and monitoring visits, which may result from receiving federal funding. IX. Debarment and Suspension Executive Orders 12549 and 12689 provide protection to the Federal Government from fraud, waste, and abuse by debarring or suspending those persons or entities deemed irresponsible in their dealings with the Federal Government. For additional information, see, generally, 2 CFR Part 3000, and 2 CFR Part 180. 57 X. Disposition of Grant Funded Equipment A grantee must use, manage, and dispose of FP&S-funded equipment in accordance with applicable federal regulations in effect at the time a grant is awarded to a grantee. The FEMA AFG FP&S Program Office strongly recommends contacting your Regional Fire Program Specialist or the AFG/FP&S Helpdesk prior to the disposition of FP&S-funded Equipment. 58 CITY OF ASHLAND Council Communication April 7, 2015, Business Meeting Contract with SHI, Inc. for Microsoft Office 365 FROM Mark Holden, director of information technology and electric department, holdenm@ashland.or.us SUMMARY This is a request to approve the purchase Government Microsoft Office 365 Licenses (MS365) on a three year contract. The purchase is from a Microsoft certified provider, SHI Inc. The purchase is through the Oregon Procurement Information Network (ORPIN) contract award system as provided for in AMC 2.50.090(l)(1). The total contract value exceeds $100,000 and therefore requires Council approval per AMC 2.50 070(A)(1). Funding for the first year is contained in the current, approved budget. Funding for the additional two years is included in the budget request for the next biennium. The contract can be canceled on either of the two contract anniversary dates (the start of either year two, or year three). The requested licenses provide new standardized email, collaborative, and cloud services, as well as state of the art desktop software tools (e.g., Word/Excel/Outlook). The MS365 licenses provide the City with current and future updates/releases for the duration of the contract. The installation of both modern, standard productivity software applications (email, intranet, and cloud storage) and modern personal desktop software tools support and enhance personal productivity and efficiency in city operations. BACKGROUND AND POLICY IMPLICATIONS: Background: The City intends to replace its outmoded email system, add collaboration applications, and install consistent current versions of desktop personal productivity software. The key applications and software included in MS365 are: • Exchange - email, calendar and task management • SharePoint - collaboration; data, calendar, file sharing; group and individual data sharing • OneDrive for Business - Cloud based, secure data storage • Word - word processing, mail merge, document processing • Excel - spreadsheet, financial modeling • Outlook - email, calendar, task management • PowerPoint - presentations • Access - database, data collection, and data analysis • OneNote - productivity, collaboration, notes, links • Publisher - desktop publishing, pamphlets, communication materials Page I of 4 CITY OF ASHLAND For a complete list and brief explanation of the applications and productivity software included in MS365 please see the attached (edited and rearranged) Microsoft "Office 365 Government: What is Included". This information is also available (original form) at the following link: http•//products office com/en-us/government/office-365-web-services-for-government#a The contract is for the following licenses: License Quantity Total Functionality Government, G1 100 $7,103/year Limited License • Email - full ($5.92/user/month) . Collaboration services - read access only • Personal productivity tools - online only, no local installations Government, G3 150 $30,133.50/year Full License • All services and software ($16.74/user/month) Alternatives: 1. MS365 MS365 provides current technologies for email, collaboration and desktop productivity tools, using government-grade security. In addition, MS365 provides all future releases of these technologies as long as the licensing is maintained. The government version of this product ensures that data is encrypted during transit and stored domestically, while providing continuous compliance for evolving security standards and applicable regulations (ISO 27001, HIPAA BAA, FISMA, 01S). Controls include government email archiving, eDiscovery, legal hold, and data loss prevention. Email: Provides current email technology for enhanced communications. Provides the retention and retrieval capabilities necessary to meet user needs. Prevents user downtime due to corrupted email accounts and reduces the support effort needed to restore corrupted email accounts. Provides enterprise-grade spam and antivirus filtering. Collaborative applications: Provides tools and a single site for communications and collaboration within the City. Benefits gained through collaboration are: o Secure single internal communications center o HR designed and implemented information, forms and file center o Capabilities to easily implement departmental and cross departmental information, project and file sharing (e.g. procurement process/documentation) Desktop Productivity Tools: Provides users with the most up-to-date desktop software tools including integration with collaborative applications. Provides the City a uniform set of user productivity tools. The use of the same tools across the City ensures compatibility between Page 2 of 4 CITY OF ASHLAND departments, outside services and individual users. A uniform version empowers departmental cross training and results in the need for fewer customer service calls. 2. In-House Services This option procures the hardware and software necessary to run MS365 in-house. This option does provide the same email, collaborative applications and desktop software productivity tools as described in number 1 above. While providing the benefits of the MS365 alternative, this is the highest cost alternative. 3. Status quo Continuing to operate in the current environment will continue to aggravate the issues presented below. Email: The current email system is outdated, performs poorly, and does not readily provide the retention and retrieval capabilities needed by Finance and Accounting, Risk Management and other groups. Current email boxes are subject to corruption, requiring time and effort to restore user productivity. The third tier spam/virus integration will continue to lead to a rising volume of spam and viral infections. Collaboration: The existing complex directory structure will remain in place. The current mechanism will not provide the additional efficiencies available through a collaborative information sharing system. Benefits lost by maintaining the status quo are: o Secure internal communications center o HR-designed and implemented information, form and file center o Capabilities to implement departmental and cross departmental information, project and file sharing (e.g. procurement process/documentation) Desktop Productivity Tools: The current mix of versions creates incompatibilities among departments, outside services and individual users. The mixed environment leaves users of older software without manufacturer support and the enhanced features of current software. The current environment does not facilitate cross training and results in more and varied customer service needs. The current environment does not support the use of collaboration applications. Relevant Policy: Section 2.50.070 Public Contracting Officer Authority A. Except as otherwise provided by this code, the Public Contracting Officer shall have authority to: 1. Purchase and contract for all materials, supplies, equipment, services and public improvements for which funds have been appropriated by the City Council and the contract price does not exceed $100,000; Section 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Page 3 of 4 Imo, CITY OF ASHLAND Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model Rules except for the following: 1. The following classes of contracts are hereby specifically exempted from the Oregon Public Contracting Code and Model Rules pursuant to ORS 279A.025(t): I. Contracts for the purchase of materials where competitive bids for the same materials have been obtained by other public agencies or the federal government whose processes for bid and award are substantially equivalent to those set forth herein, and the contract is to be awarded to the party to whom the original contract was awarded as long as no material change is made to the terms, conditions, or prices of the original contract. FISCAL IMPLICATIONS: Year 1 (billed immediately upon purchase): $37,236.50 Year 2 (billed on I" anniversary of agreement): $37,236.50 Year 3 (billed on 2"d anniversary of agreement): $37,236.50 Total 3-Year Contract Value: $111,709.50 Annual licensing costs are based on the number and type of licenses required. Any changes (plus or minus) to the number of licenses or type of licenses will be reflected in the annual cost at the beginning of the next contract year. In the current year (FY2015), the initial cost is included in the approved Information Systems (IS) Division budget. The contract is for a three year period. The second and third year costs are budgeted by IS in the upcoming biennium (FY2016, FY2017). The contract can be cancelled without penalty at either of the two annual renewal anniversaries. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the approval of the MS365 licensing contract. Should the licensing need to be adjusted upward during the three-year life of the contract, staff is asking for the authority to exceed the face contract amount by a maximum of fifteen percent ($16,756) for a potential contract value of $128,466. SUGGESTED MOTION: I move approval of a three-year contract between SHI, Inc. and the City of Ashland for MS Office 365 licenses in the amount of $111,709.50. I move approval of granting staff the authority to exceed the contract amount by up to $16,756 for adjustments in the number and type of licenses during the contract period. ATTACHMENTS: • SHI Inc., Quotation #9443415, dated 03/31/2015 • Office 365 Government: What is Included? Page 4 of 4 Attachment 1 Pricing Proposal Quotation 9443415 Created On: 3/31/2015 Valid Until: 10/28/2015 City of Ashland OR Dan Hendrix Brandon Barkley 90 N. Mountain Avenue Phone: Ashland, OR 97520 Fax: United States Email: Brandon -Barkley@shi.com Phone: (541) 552-2441 Fax: Email: dan.hendrix@ashland.or.us All Prices are in US Dollar (USD) Product Qty Your Price Total 1 0365GovE1 ShrdSvrALNG SubsVL MVL 100 $71.03 $7,103.00 Microsoft - Part: U4S-00002 Note: Year 1 of 3 2 0365GovE3 ShrdSvrALNG SubsVL MVL 150 $200.89 $30,133.50 Microsoft - Part: U7S-00008 Note: Year 1 of 3 Subtotal $37,236.50 Shipping $0.00 *Tax $0.00 Total $37,236.50 *Tax is estimated. Invoice will include the full and final tax due. Additional Comments Pricing and purchase per PA 2590. All pricing above represents the annual cost to be billed over a three year term. Payments will be as follows: Year 1 (billed immediately upon purchase): $37,236.50 Year 2 (billed on first anniversary of agreement start): $37,236.50 Year 3 (billed on second anniversary of agreement start): $37,236.50 THREE YEAR TOTAL COMMITMENT: $111,709.50 Purchase of the above Microsoft licensing requires enrollment under a Microsoft Enterprise Agreement. Paperwork will be supplied separately from quote but must accompany your intial order. If you have questions about this quote, you can reach me directly at 503-569-8183. If you would like to make a purchase, you can do so by emailing your order to the team at TeamOregon@shi.com, faxing your order to the team at 732-564-8547, or mailing your order to the team at 290 Davidson Ave, Somerset, NJ 08873. Remit-Only Address: SHI, PO Box 952121, Dallas, TX 75395-2121 Tax ID: 22-3009648 The Products offered under this proposal are subject to the SHI Return Policy posted at www.shi.com/returnuolicv. unless there is an existing agreement between SHI and the Customer. Attachment 2 Office 365 Government: What is Included? Email and Calendars • Business-class email using Outlook at the desktop or remotely via a web browser (Outlook Web App) • 50 GB mailbox per user. Attachments up to 25 MB Advanced Email Capabilities • Archiving and legal hold capabilities, unlimited storage to meet compliance needs • Data loss prevention (DLP) policies for additional compliance enforcement Office Suite • Always provides the latest versions of: o Word, Excel, PowerPoint, Outlook o OneNote, Publisher, and Access Office on PCs, Tablets, and Phones • Full version of Office installs across PCs, iPad, Android, and Windows tablets, and most mobile devices • User licensing allows installation of Office on up to 5 PCs, 5 tablets (iPad, Android, and Windows), and 5 phones Office Online • Create and edit Word, Excel, PowerPoint, and OneNote documents from any modern browser Team Sites • Provides focused collaborative information sharing on projects and among work groups with team sites that help keep related documents, notes, tasks, and conversations organized File Storage and Sharing • l TB per user of OneDrive cloud storage, syncs with City desktop for offline access • Shares documents through Office or SharePoint Mobility • iOS, Android or Windows devices can: o Sync email, calendar, and contacts o Access SharePoint sites (collaboration sites) o Edit Office documents with Office Online using native Office or browser based apps Search and Discovery • Search and discover content across Office 365 applications Page 1 of 2 03/31/2015 16:40 Attachment 2 Office 365 Government: What is Included? Online Conferencing • Online meetings with audio and video using one-click screen sharing, HD video conferencing, and virtual whiteboard Administration • Admin portal provides IT detailed configuration options for user services Reliability • Services are available with a guaranteed 99.9% uptime, with a financially backed service level agreement (SLA) Security • Leading-edge protection with multiple layers of security and proactive monitoring help keep City data safe Privacy • City data belongs to the City • Microsoft does not scan emails or documents for advertising purposes Up to Date • Upgrades and updates are included in the subscription • New features are rolled out to Office 365 users in an IT-configurable time-frame Active Directory Integration • Single sign-on and synchronization using City credentials and permissions from the existing City Active Directory Support • 24/7 phone support for critical IT issues • Business day support for non-critical issues Page 2 of 2 03/31/2015 16:40 CITY OF -ASHLAND Council Communication April 7, 2015, Business Meeting City Forestlands Prescribed Underburning FROM: Chris Chambers, Forest Division Chief, Fire Department, chamberc@ashland.or.us SUMMARY In order to continue the City's program of prescribed burning on City-owned forestlands, two contracts and an agreement with the U.S. Forest Service (USFS) are proposed for City Council approval. One contract to Grayback Forestry addresses City land not contiguous with federal land and the other contract and the agreement address City land proposed for coincident burning with U.S. Forest Service land in the Ashland Forest Resiliency Project (AFR). BACKGROUND AND POLICY IMPLICATIONS: Since 2012, the City's prescribed burn program has been successful in reintroducing fire as a process to both reduce the threat of summer wildfires in the community and our municipal watershed and promote forest health. The Fire Department is committed to continuing this program and submits the following documentation for two proposed contracts and one agreement: 1. For City land not contiguous with USFS land in the AFR project, a sole source procurement is proposed to contract with Grayback Forestry for reasons stated in the attached justification. The sole source form and proposed contract with Grayback are included for review. 2. For City land contiguous with USFS land in the AFR project, a special procurement is proposed with Lomakatsi Restoration Project in order to create logistical and financial efficiency that will benefit all entities and the landscape. An agreement between the City and USFS is required in this situation so the USFS "burn boss" has legal authority to lead burn operations on City-owned forestlands as part of a cross boundary project. The draft agreement is included. COUNCIL GOALS SUPPORTED: • Protect the integrity and safety of the watershed. • Prepare the community for natural and human-made disasters. • Support innovative programs that protect the community. • Prepare for the impact of climate change on the community. FISCAL IMPLICATIONS: City burn units proposed for contracting with Grayback Forestry are anticipated to cost $20,858 for 25 acres. The unit to be burned concurrently with federal land in the AFR project is projected to cost between $9,000 and $10,000 for 25 acres. The Forest Division budget has $31,200 plus a $20,000 Page 1 of 2 ~r, CITY OF ASHLAND grant from The Nature Conservancy that will be added via a budget amendment request in the current fiscal year. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council approve the request for sole source and special procurement authority for contracts with Grayback Forestry and Lomakatsi Restoration Project, respectively. Staff also recommends Council approve the agreement between the City and the U.S. Forest Service for delegation of authority and financial compensation to conduct burn operations on City forestlands. SUGGESTED MOTIONS: I move approval of sole source procurement authority to enter into a contract for prescribed burning on City forestlands with Grayback Forestry. I move approval of special procurement authority to enter into a contract for prescribed burning on City forestlands with Lomakatsi Restoration Project. I move approval of an agreement with the U.S. Forest Service to accomplish cross boundary prescribed burning on City forestlands. ATTACHMENTS: • Sole source procurement form for proposed contract with Grayback Forestry, Inc. • Proposed contract with Grayback Forestry Inc. • Special procurement form for proposed contract with Lomakatsi Restoration Project. • Proposed contract with Lomakatsi Restoration Project. • Agreement between City and U.S. Forest Service. Page 2 of 2 Wes, CITY OF FORM 45 -AS H LAN D SOLE-SOURCE DETERMINATION AND WRITTEN FINDINGS GOODS AND SERVICES Less than $100,000 To: Dave Kanner, City Administrator From: Chris Chambers, Forest Division Chief, Fire Department Date: April 1, 2015 Re: Sole Source Determination and Written Findings for Goods and Services In accordance with AMC 2.50.090(F), the Department Head shall determine in writing that there is only one provider of a product or service of the quality and type required available. Estimated total value of contract: $20,858 Project name: City of Ashland Forestlands Prescribed Underburning Description of goods and services: Grayback Forestry will provide personnel, expertise, and equipment to conduct prescribed underburning on City owned forestland. Services include preparing the unit for burning, monitoring weather conditions, coordination with City representatives, ignition of the unit and mop up and patrol for 96 hours. Background: In 2012 the City released an invitation to bid for prescribed underburning on City forestlands. Grayback Forestry was the only contractor to reply who had any experience conducting underburns in Southern Oregon, and any underburning experience at all. The City worked with Grayback in 2012 and 2013 and developed an appropriate approach to this complex operation and Grayback burned four units safely and successfully in highly visible and visited locations. Burning was suspended in 2014 due to drought conditions. Two additional burn units on City lands were scouted and prepared for burning by Grayback Forestry in 2013 and 2014, though burning didn't take place due to the dry weather conditions. Grayback has intimate knowledge of these units, having prepared portions of burn plans, scouted units, and installed fireline in anticipation of (uncompleted) burns. We want to finish the work with Grayback due to their prior experience, working relationships, and their prior knowledge which makes them the only qualified contractor for this type of work in Southern Oregon. The estimated cost of this contract has been rigorously negotiated not to exceed $25,000 dollars and reasonably comports with industry standards albeit unique service. Form #5 - Sole Source-Goods and Services- Less than $100,000, Page 1 of 2, 4/1/2015 Findings: Market Research Overall finding: Due to the highly technical nature of this service and the high degree of risk complexity involved in this operation, the City must have an experienced contractor. Based on the City's 2012 Invitation to Bid and more recent Requests for Proposals issued by the City's partner organization in the AFR project, there are no other qualified contractors in Southern Oregon who have experience in underburning. Other local land management agencies who use prescribed underburning as a tool (U.S. Forest Service and Bureau of Land Management) use Grayback Forestry exclusively. Pursuant to ORS 27913.075 (2)(d): Any other findings that support the conclusion that the goods or services are available from only one source. Pursuant to ORS 27913.075 (3): The City has made all reasonable attempts to negotiate with the sole source to obtain contract terms advantageous to the City. i Form #5 - Sole Source -Goods and Services - Less than $100,000, Page 2 of 2, 4/1/2015 Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Grayback Forestry, Inc. -AS H LAND CONTACT: Thom Odem 20 East Main Street Ashland, Oregon 97520 ADDRESS: PO Box 838, Merlin, OR 97532 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: (541) 476-0033 DATE AGREEMENT PREPARED: 3/20/2015 FAX: (541) 476-0162 BEGINNING DATE: 4/8/2015 COMPENSATION: Up to $25,000 to be paid upon completion of each burn unit and/or activity as follows: Unit C1=$4,378 for full service underburn on 5 acres. Unit P/Q=$16,480 for full service underburn on 20 acres. Burn Plan and Fireline Completion/Payment: City will pay contractor for burn plan completion ($200 per unit plan) and fireline construction ($.25 per linear foot through Global Positioning System measurement) on each burn unit if either or both units are not burned in Spring of 2015. Grayback may provide additional resources at the City's request after the burn has been released to the City and according to the pricing list for "N-Mods" attached as Exhibit D. GOODS AND SERVICES TO BE PROVIDED: Contractor will provide goods and services necessary to complete prescribed underburning on City of Ashland forestlands according to Exhibit C: Technical Specifications and additional resources as needed and requested by the City under Exhibit D: N Module Pricing. ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Goods and 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 primary City of Ashland Contract. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work 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. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work 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. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 2796.220, 2796.225, 27913.230, 27913.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $20,142.20 or more, Contractor 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 an subcontractor Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 1 of 13 who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor 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 Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor 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. 9. 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 Contractor, 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 Contractor 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 Contractor 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 Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor 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, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor 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 Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor 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. Contractor 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. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits an material breach or default of Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 2 of 13 any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor 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. 16. Insurance. 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. 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. C. 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. d. 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. e. Additional Insured/Certificates of Insurance. Contractor 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 Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. 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 Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 17. 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 Contractor 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. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver 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. 18. 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. CONTRACTOR, 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. 19. 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. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 3 of 13 Contractor: 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 Goods and Services Less than $25,000, Revised 07/08/2014, Page 4 of 13 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 Goods and Services Less than $25,000, Revised 07/08/2014, Page 5 of 13 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAGE per hour effective June 30, 2014 OF- (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 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 Goods and Services Less than $25,000, Revised 07/08/2014, Page 6 of 13 EXHIBIT C Technical Specifications Burn Plan Completion Complete and submit for approval a Prescribed Fire Plan for each understory burn. City of Ashland will provide a Prescribed Fire Plan for each unit with Elements 1 thru 8 completed. The City of Ashland will complete elements covering signature page, complexity and risk analysis, description of the burn area, burn objectives, resource protection, post-burn objectives, burn prescription, notifications, wildfire conversion, smoke management and air quality. The contractor shall complete Elements 9 thru 14 covering organization and equipment needs, ignition plan, holding and mop-up plan, contingency plan, communications plan, and medical plan. Element 9 - Organization & Equipment Needed - Shown in the Sample Prescribed Fire Plan. This portion is completed by the Contractor. The Contractor shall complete the workforce and equipment needs, portion of the Plan for the Low, Desired, and High acceptable prescription range of the fuel and weather parameters. The workforce and equipment listed by the Contractor will represent the minimum acceptable amounts needed at that level to successfully carry out the burn and to contain any escaped fires. The contractor will determine the minimum equipment and personnel needs at the time of an escaped fire in "outside fuels" with given prescription parameters. The contractor will determine line building capability of resources on site. Line building capability will be compared to the predicted rate of spread in BEHAVE to determine if resources are adequate to contain an escaped fire. Element 10 and 11- limition Plan & Holding Plan - Shown in the Sample Prescribed Fire Plan. This portion is completed by the Contractor. a. A narrative discussing firing plan and technique; identify potential holding problems and location of holding forces, strategies and objectives; location of water sources; counter measures for slopovers; and any other ignition and holding considerations. Indicate what shall be done, when it shall be done, how it shall be done, who shall do it, and shall include work force, equipment and supplies needed. b. Map at a scale fitting the entire unit (as large as possible) on a 8'/2 by 11-inch sheet of paper, showing ignition technique and pattern, placement of holding crew and equipment, area(s) of concern, and location where weather shall be monitored and documented. A map legend shall be included. Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 7 of 13 c. Any changes in the ignition and holding elements of the Prescribed Fire Plan shall be submitted to the City of Ashland Representative for approval the day of ignition or before. Element 12 - Contingency Plan & Escaped Fire Plan - Shown in the Sample Prescribed Fire Plan. This portion is completed by the Contractor. Contractor will describe in detail the strategies and opportunities for containing an escaped fire from any flank of the unit by including direct and indirect attack methods. Element 13 - Communications Plan - Shown in the Sample Prescribed Fire Plan. This is completed by Contractor and the City of Ashland. Element 14 - Medical Plan - Shown in the Sample Prescribed Fire Plan. This is used by the City of Ashland for City of Ashland employees and for Contractor employees when a burn is declared a wildland fire. The Contractor shall have its own medical plan in place. Prescribed Fire Plan Elements 15-23 consists of checklists, worksheets and information for use by the contractor and City of Ashland Representative in preparing and implementing the prescribed burn. 1) Element 15 - Pre-Ignition Checklist - Shown in the Sample Prescribed Fire Plan. This is used by City of Ashland to verify all items are in place to implement the burn. 2. Element 16 - Go-No Go Checklist - Shown in the Sample Prescribed Fire Plan. This is used by the Contractor and the City of Ashland. It is used on day of ignition prior to starting ignition. It is signed and dated by Contractor and the City of Ashland representative. 3. Element 17 - Briefing Checklist - Shown in the Sample Prescribed Fire Plan. This is completed by the Contractor, but some items may be included by City of Ashland. It is to be used on day of ignition for the briefing prior to starting ignition. 4. Element 18 - Test Fire Provisions & Results - Shown in the Sample Prescribed Fire Plan. This is completed by the City of Ashland Representative and is used to document the test fire results and whether or not prescription parameters will be met. 5. Element 19 - Monitorin>; - Shown in the Sample Prescribed Fire Plan. This is completed by the City of Ashland Representative and is used to document the fire effects and results regarding treatment objectives, and to record weather, fuels, and fire behavior observations. 6. Element 20 - Post Burn Activities & Daily Mop-Up Shift Plan - Shown in the Sample Prescribed Fire Plan. This is completed by the Contractor and reviewed and approved by the City of Ashland. The mop-up plan shall be based on Standard Patrol and Mop-Up. It shall address the mop-up objectives of (1) the prevention of fire Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 8 of 13 escape outside the unit boundaries, (2) prevention of reburn within unit boundaries, and (3) prevention of residual smoke problems in residential and rural interface areas. It shall consist of an initial plan and follow up daily plans beginning on ignition day. The daily plan shall be submitted to the City of Ashland Representative prior to the next day's work and is subject to approval. All daily mop-up submissions shall contain the following: a. Map at a scale showing the entire unit and burned areas outside of fireline (as large as possible) on an 8'/2 by 11-inch sheet of paper, pattern of mop-up; placement of crew and equipment; areas of potential problems (reburn, burning "wildlife trees", landings) and map legend. b. A narrative discussion of shift objective with mop-up priority, daily result objectives, schedule of mop-up, patrol and contingency plans should an escape occur. Any special considerations or hazards shall be included in plan. c. At the option of the City of Ashland the initial mop-up plan may be acceptable in lieu of the follow up daily plan. 7. Element 21 - Activity Log - Shown in the Sample Prescribed Fire Plan. This is completed by the City of Ashland Representative and is used to record and document activities during the burn implementation, mop-up and patrol. 8. Element 22 - Unit Maps - Attach Unit, ignition, and mop-up maps. 9. Fire Behavior Modeling Documents - Copies of BEHAVE runs created by City of Ashland will be attached to the Prescribed Fire Plan. Any BEHAVE runs created by the contractor would also be attached here. The Prescribed Fire Plan shall be very specific and based upon the Contractor's on- site inspection of the unit and environmental conditions. A joint on-site inspection involving both the Contractor and the City of Ashland may be requested by either party to clarify objectives and resolve deficiencies in the plan: This plan shall be submitted to the City of Ashland Representative for approval at least 5 calendar days prior to the estimated ignition date. A sample Prescribed Fire Plan is available upon request. Fireline Construction and Maintenance All fireline construction shall be performed and maintained in accordance with the following specifications. a. Location - Unless otherwise designated, firelines shall be located adjacent to the unit boundary, within 50 feet outside of actual unit boundary, in locations affording the optimal holding capability, and remain on City property. The City of Ashland may choose to clearly mark the fireline location with colored plastic Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 9 of 13 ribbon. The fireline shall be constructed to follow the flagged line as closely as possible. Variations will be permitted if unforeseen obstacles are found. b. Clearing Limits - Hand fireline shall be cleared to a width of 8 feet and a height of 8 feet. The width shall be measured parallel with the ground (slope distance). The height shall be measured from the side of the line away from the unit. A strip at least 1.5 foot wide to a maximum of 3 feet wide and centered within the cleared area shall be cleared to mineral soil. A strip less than 1.5 foot wide may be designated by the City of Ashland on some units. c. Material to be Cleared - Within the 8-foot line, the following material shall be cut and removed: 1) Ferns, shrubs and other vegetation. Cut to within 18 inches of ground level or as close as possible without damaging tools. 2) Cut live and dead trees at ground level or as close as possible without damaging tools. No trees larger than 7 inches DBH shall be cut. The fireline shall be located to avoid larger green trees. Pruning of larger trees is acceptable in lieu of cutting the tree and following section a.3. 3) Limbs extending within the fireline shall be cut close to the tree if the point of cutting can be reached from the ground (about 8 feet from the ground). Limbs shall be cut when they enter the fireline clearing limits if they cannot be cut at the tree. Limbs cut close to the tree need not be cut flush but "spike" limbs will not be allowed. 4) Slash and litter shall be removed from the 8-foot (both height and width) fireline clearing strip. Natural ground duff need not be removed except from within the 1.5 to 3 foot strip on the fireline work area. 5) A 3-foot section shall be removed from logs located across the fireline. d. Disposal of Cleared Material - Material cut from within the fireline shall be placed on the unit side (inside) of the fireline and scattered. Soil berms and piles will not be permitted on top of flammable material. Log sections may be rolled downhill and away from the unit provided that they are left outside the fireline and public safety is assured when rolling any materials downhill. e. Snags and High Stumps - Snags or high stumps may be left next to the fireline when designated or approved by the City of Ashland. f. Side Slopes - On side slopes that are steeper than 30 percent, the fireline shall be cup trenched sufficiently to catch rolling material 6 inches or less in diameter. Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 10 of 13 g. Water Bars - Water bars shall be constructed in all firelines at the time of initial construction. The water bar shall consist of a diagonal ditch across the three-foot wide mineral soil portion of the fireline, but not in excess of the following guidelines. The water bar shall be approximately 6 inches to 10 inches deep and approximately 5 feet long. Unless otherwise directed, drainage shall allow rolling material and drainage into burn unit. Percent of Slopes: 00% - 09% - None Required 10% - 29% - 1 Water Bar Every 300' 30% - 59% - 1 Water Bar Every 150' 60%+ - 1 Water Bar Every 100' Prescribed Burn and Mop-Up The City's preferred burning period is between March and July of each year. Spring burning is preferred over fall in order to minimize impacts on soils and vegetation and the overall emphasis on watershed function. Major control problems can occur during a period of frontal passage and strong east wind conditions. Close attention to weather forecasts and securing and patrolling of previously burned units is common practice to eliminate any escaped fires. All prescribed fire operations shall be initiated only when a Prescribed Fire Plan has been approved and signed by the City of Ashland Representative. All elements of the plan shall be followed unless a deviation has been approved in advance by the City of Ashland Representative. The Contractor shall conduct a preburn crew briefing, as prepared in the Plan. Clearance to Burn - The Contractor shall be responsible for monitoring fuel and weather conditions to determine time periods when units are in the prescription parameters identified in the Prescribed Fire Plan. The Contractor may consult the City of Ashland Representative regarding short, mid, and long term weather forecast to determine the potential impacts to fuel moisture conditions and the ability to meet Prescribed Fire Plan objectives. The Contractor shall notify the City of Ashland Representative no later than 1300 hours on the day prior to ignition when specific units are within burn prescription parameters and of their request to burn. The City of Ashland Representative will notify the Contractor via telephone or direct communications at or before 0900 hours on the day of the proposed ignition of smoke management conditions and any updated weather forecasts that would cancel the burning. The City of Ashland Representative will grant final approval to conduct burning. Approval is based on the City of Ashland Representative verifying: 1) unit fuel and weather conditions are within Prescribed Fire Plan parameters and prescribed fire and resource objectives are attainable; 2) Prescribed Fire Plan parameters and objectives for smoke management are attainable based on smoke management instructions and forecast, and weather forecasts for Contract for Goods and Services Less than $25,000, Revised 07108/2014, Page 11 of 13 proposed burn date and time; and 3) successful completion of the Go/No Go Checklist and the test fire. During ignition operations, the Contractor's crew supervisor shall maintain contact with the City of Ashland Representative through mutually agreed upon communications system at all times. Conduct holding operations in accordance with the prescribed fire plan. Relocation of personnel and equipment may be required as ignition and burnout progresses. The Contractor's crew supervisor shall recognize the need for and make such relocations, dependent upon on-site weather and fire conditions. Extinguish any fire outside the fireline of the unit, or unit boundary, and promptly report this to the City of Ashland Representative at the site. A fireline shall be constructed completely around any fire, slopover, or spot fire outside the primary unit boundaries. The minimum shall be a fireline scraped to mineral soil 18 inches in width with all overhanging combustible material cleared for three feet on either side and six feet overhead. Do not fell any reserved trees or snags which may have fire in them without approval of the City of Ashland Representative. Mop-up shall be performed in accordance with Standard Mop-Up and Patrol. Restoration - After ignition and mop-up, all water bars shall be restored to a properly functioning condition. Standard Mop-Up and Patrol Complete mop-up and patrol of unit(s) to the extent provided for in this section to meet the mop-up objectives of (1) the prevention of fire escape outside the primary unit boundaries, and (2) prevention of reburn within unit boundaries. Patrol and mop- up shall begin immediately following completion of ignition on any portion or whole of each unit. Complete 100 percent mop-up of all spot fires and stopovers outside the unit boundary and within the first 100 feet slope distance inside of unit boundary within 48 hours of 8:00 am on the day following completion of ignition. Complete 100 percent mop-up of unit area within 96 hours of 8:00 am on the day following completion of ignition. Patrol shall continue for 96 hours unless released by the City. After 48 hours, advise the City if mop-up will be completed within the aforementioned 96-hour period. Patrol shall include the visual inspecting of all sites where burning was performed, and checking for and mop-up of burning material that threatens the achievement of mop-up objectives or the mop-up standards for each unit's Daily Shift Plan. Patrol Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 12 of 13 shall also include taking actions to prevent fire escape outside the unit boundary and/or to prevent rebum within the unit boundary. Immediately take actions to fireline, mop up, and identify all stopovers or spot fires. If Contractor is unable to contain or control stopover or spot fires with patrol resources, promptly, within 30 minutes after discovery, notify the City of Ashland Representative of the situation and continue to take action to contain or control fire. Completely extinguish all burning material within the designated mop-up area. Do not fell any reserved trees which may have fire in them without approval by the City of Ashland Representative. The Contractor may use only water during ignition and mop-up operations due to the proximity of units to Ashland Creek. Root wads (uprooted stumps with roots attached) shall be thoroughly extinguished (dug around and rotten or loose wood scraped off). Fireline berms shall be thoroughly extinguished. Logs and chunks with a minimum size of 12 inches diameter x 4 feet in length up to a maximum of 20 inches diameter x 8 feet in length on slopes greater than 50% shall be turned and placed in a manner that prevents this debris from rolling. Project Area Reburn - Should a reburn escape occur during the 96-hour mop-up operational period, the Contractor shall suppress the fire and notify the City of Ashland Representative immediately. The cost of reworking the area to contract requirements shall be borne by the Contractor. Mop-up contingencies are established and will be initiated by the City of Ashland for the following situations: a. Following the day of ignition, if a Fire Weather Watch or Red-Flag Warning is issued or predicted by the National Weather Service for extreme fire weather conditions; or if smoke emissions from the burn unit during mop-up are creating air quality impacts to population centers, or other smoke sensitive areas, the Contractor may be required to complete 100% mop-up within a period less than the 96 hours. If satisfactory progress is not made the City of Ashland Representative, when determined necessary, may immediately assume control of the project area and provide personnel and/or equipment to complete the work. In this event, the Contractor will be liable for the cost to the City of Ashland Representative of performing mop-up. b. If prescribed fire is declared a wildland fire, the City of Ashland Representative will immediately assume control of the project area. Following declaration of the wildland fire, Contractor's personnel shall be made available to the City of Ashland Representative for fire suppression and will be paid at the applicable firefighting rates paid by the Oregon Department of Forestry for any costs over and above those incurred for the prescribed burn. Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 13 of 13 CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Chris Chambers, Forest Division Chief, Fire Department Date: April 1, 2015 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Ashland Fire and Rescue 2. Department Contact Name: Chris Chambers 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From 4/14/2015 To: 6/30/2016 5. Total Estimated Cost: Not to exceed $25,000 6. Short title of the Procurement: City of Ashland and Ashland Forest Resiliency Cross Boundary Burning Supplies and/or Services or class of Supplies and/or Services to be acquired: Lomakatsi Restoration Project, or "Lomakatsi", will provide personnel, expertise, and equipment to conduct prescribed underbumin on City owned forestland in conjunction with burning on adjacent U.S. Forest Service land in the Ashland Forest Resiliency Project (AFR). Services include preparing the unit for burning, monitoring weather conditions, coordination with City representatives, ignition of the unit and mop up and patrol for 72 hours. All actions taken will be under the supervision of a qualified U.S. Forest Service burn boss. 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: Lomakatsi Restoration Project has lead implementation and contracting authority for prescribed burning in the AFR project. In order to complete a mutually beneficial burn across City and federal land boundaries, the City needs to contract with Lomakatsi to provide the necessary goods Form #9 - Special Procurement - Request for Approval, Page 1 of 3,4/l/2015 and services. Lomakatsi uses a Request for Proposal process to solicit qualified contractors for the AFR project, which will then be extended to City lands via approval by the Ci of a qualified burn contractor, or subcontractor. The proposed contract between the City and Lomakatsi is available for Council and public review. Lomakatsi will operate under an approved Prescribed Fire Burn Plan provided by the City. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Due to the unique agreement between the City and its partners in the AFR project Lomakatsi is the only entity designated in the AFR Master Stewardship Agreement and subsequent Supplemental Proiect Agreements that has contracting authority for the AFR project prescribed burning. In order for the City to realize the logistical and financial benefit of burning across the City and federal boundary, Lomakatsi will have to contract for the entirety of the joint burn unit area on City and federal land. 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 situation of the AFR stewardship agreement partnership, including Lomakatsi is unique and has served to accomplish work that would likely not have been possible in a standard operating framework. There are no contractors who have this relationship to the AFR VM ect. (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: Aggregating smaller areas into a larger area for the purpose of prescribed burning is estimated to save the City $10,000 dollars. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or _ (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055, 279B.060, 279B.065, or 27913.070, or any rules adopted there under because: (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement- Request for Approval, Page 2 of 3,4/1/2015 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 April 7`h, 2015 PUBLIC NOTICE Approval of a Special Procurement First date of publication: April 7`h, 2015 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 April 7`h, 2015. This Special Procurement is a "Contract- specific Special Procurement The proposed contracting procedure is a direct cavard to Lomakatsi Restoration Project for prescribed burning on City forestlands in conjunction with adjacent federal land burning under the Ashland Forest Resiliency Project. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 27913.055, 27913.060, 279B.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 27913.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Kari Olson, Purchasing Representative, 90 N. Mountain, Ashland, OR 97520. The seven (7) day protest period will expire at 5:00pm on April le, 2015. 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 3,4/1/2015 Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Lomakatsi Restoration Project -AS H LAND CONTACT: Aaron Nauth 20 East Main Street Ashland, Oregon 97520 ADDRESS: P.O. Box 3084, Ashland, OR 97520 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: (541) 488-0208 DATE AGREEMENT PREPARED: 3/29/2015 FAX: Nauth@lomakatsi.org BEGINNING DATE: 418/2015 COMPLETION DATE: 6/30/2016 COMPENSATION: Up to $25,000 to be paid upon completion of joint City and U.S. Forest Service prescribed underburn units as specified in the attached map. Compensation will be based upon the percentage of City acreage of the total of City and U.S. Forest Service acres burned as one unit. Costs may include personnel, equipment, and supplies to accomplish the burn and subsequent mop-up. GOODS AND SERVICES TO BE PROVIDED: Contractor will provide goods and services necessary to complete prescribed underburning on City of Ashland forestlands burned in conjunction with adjacent U.S. Forest Service burn units that are part of the Ashland Forest Resiliency Stewardship Project, and according to Exhibit C: Technical Specifications and the approved City of Ashland burn plan specific to each burn unit. ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Goods and 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 primary City of Ashland Contract. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work 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. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work 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. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 279B.220, 27913.225, 279B.230, 27913.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $20,142.20 or more, Contractor 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 work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor 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 Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for an losses, expenses, claims, subro ations, actions, costs, Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 1 of 9 judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. 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 Contractor, 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 Contractor 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 Contractor 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 Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor 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, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor 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 Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor 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. Contractor 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. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor 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. 16. Insurance. 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 Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 2 of 9 provide Oregon workers' compensation coverage for all their subject workers b. 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. C. 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. d. 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. e. Additional Insured/Certificates of Insurance. Contractor 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 Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. 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 Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 17. 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 Contractor 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. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver 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. 18. 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. CONTRACTOR, 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. 19. 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. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 3 of 9 Contractor: 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 Goods and Services Less than $25,000, Revised 07108/2014, Page 4 of 9 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 Goods and Services Less than $25,000, Revised 07/08/2014, Page 5 of 9 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAGE per hour effective June 30, 2014 (Increases annually every June 30 by the Consumer Price Index) portion of business of their 401K 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 For all hours worked under a assistance for the project or the employee. ➢ 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 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.ashiand.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. c>trv of ASHLAND Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 6 of 9 EXHIBIT C Technical Specifications Burn Plan, Resources, and Communication In an agreement between the City and the U.S. Forest Service, the City has designated the Forest Service burn boss as the responsible party to implement the City's burn plan for each burn unit. The U.S. Forest Service burn boss will have authority from the City to direct the implementation of the burn on City land in accord with the provisions of the burn plan. Lomakatsi will provide resources for ignition, holding, and mop-up to meet the minimum requirements of the burn plan for the conditions on the day of the burn and for a period thereafter agreed upon by the City and Forest Service. Contractor and any subcontractors will follow all specifications as mandated by the U.S. Forest Service for prescribed underburning and will act at the discretion of the U.S. Forest Service burn boss during any and all operations until such time that the burn boss has released responsibility of the burn unit back to the City. If, during this period, Lomakatsi's representatives are aware of any situation that deviates from the City's burn plan or commonly observed safety standards or operational protocols, he or she will report this situation as quickly as possible to the City representative through a common radio frequency or verbally in person. Fireline Construction and Maintenance All fireline construction shall be performed and maintained in accordance with the following specifications: a. Location - Unless otherwise designated, firelines shall be located adjacent to the unit boundary, within 50 feet outside of actual unit boundary, in locations affording the optimal holding capability, and remain on City property. The City of Ashland may choose to clearly mark the fireline location with colored plastic ribbon. The fireline shall be constructed to follow the flagged line as closely as possible. Variations will be permitted if unforeseen obstacles are found. b. Clearing Limits - Hand fireline shall be cleared to a width of 8 feet and a height of 8 feet. The width shall be measured parallel with the ground (slope distance). The height shall be measured from the side of the line away from the unit. A strip at least 1.5 foot wide to a maximum of 3 feet wide and centered within the cleared area shall be cleared to mineral soil. A strip less than 1.5 foot wide may be designated by the City of Ashland on some units. c. Material to be Cleared - Within the 8-foot line, the following material shall be cut and removed: 1) Ferns, shrubs and other vegetation. Cut to within 18 inches of ground level or as close as possible without damaging tools. Contract for Goods and Services Less than $25,000, Revised 07108/2014, Page 7 of 9 2) Cut live and dead trees at ground level or as close as possible without damaging tools. No trees larger than 7 inches DBH shall be cut. The fireline shall be located to avoid larger green trees. Pruning of larger trees is acceptable in lieu of cutting the tree and following section a.3. 3) Limbs extending within the fireline shall be cut close to the tree if the point of cutting can be reached from the ground (about 8 feet from the ground). Limbs shall be cut when they enter the fireline clearing limits if they cannot be cut at the tree. Limbs cut close to the tree need not be cut flush but "spike" limbs will not be allowed. 4) Slash and litter shall be removed from the 8-foot (both height and width) fireline clearing strip. Natural ground duff need not be removed except from within the 1.5 to 3 foot strip on the fireline work area. 5) A 3-foot section shall be removed from logs located across the fireline. d. Disposal of Cleared Material - Material cut from within the fireline shall be placed on the unit side (inside) of the fireline and scattered. Soil berms and piles will not be permitted on top of flammable material. Log sections may be rolled downhill and away from the unit provided that they are left outside the fireline and public safety is assured when rolling any materials downhill. e. Snags and High Stumps - Snags or high stumps may be left next to the fireline when designated or approved by the City of Ashland. £ Side Slopes - On side slopes that are steeper than 30 percent, the fireline shall be cup trenched sufficiently to catch rolling material 6 inches or less in diameter. g. Water Bars - Water bars shall be constructed in all firelines at the time of initial construction. The water bar shall consist of a diagonal ditch across the three-foot wide mineral soil portion of the fireline, but not in excess of the following guidelines. The water bar shall be approximately 6 inches to 10 inches deep and approximately 5 feet long. Unless otherwise directed, drainage shall allow rolling material and drainage into burn unit. Percent of Slopes: 00% - 09% - None Required 10% - 29% - 1 Water Bar Every 300' 30% - 59% - 1 Water Bar Every 150' 60%+ - 1 Water Bar Every 100' Prescribed Burn and Mop-Up The City's preferred burning period is between March and July of each year. Spring burning is preferred over fall in order to minimize impacts on soils and vegetation and the overall emphasis on watershed function. Major control problems can occur during Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 8 of 9 a period of frontal passage and strong east wind conditions. Close attention to weather forecasts and securing and patrolling of previously burned units is common practice to eliminate any escaped fires. All prescribed fire operations shall be initiated only when a Prescribed Fire Plan has been approved and signed by the City of Ashland Representative and the burn boss. All elements of the plan shall be followed unless a deviation has been approved in advance by the City of Ashland Representative in conjunction with the U.S. Forest Service burn boss. The City of Ashland Representative will grant final approval to conduct burning. Approval is based on the City of Ashland Representative verifying: 1) unit fuel and weather conditions are within Prescribed Fire Plan parameters and prescribed fire and resource objectives are attainable; 2) Prescribed Fire Plan parameters and objectives for smoke management are attainable based on smoke management instructions and forecast, and weather forecasts for proposed burn date and time; and 3) successful completion of the Go/No Go Checklist and the test fire. During ignition operations, the Contractor's crew supervisor shall maintain contact with the City of Ashland Representative through mutually agreed upon communications system at all times. Do not fell any reserved trees or snags which may have fire in them without approval of the City of Ashland Representative. Mop-up shall be performed in accordance with the U.S. Forest Service burn boss. Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 9 of 9 USDA, Forest Service OMs 0596-0217 FS-1500-] ] FS Agreement No. 2015-CO-11061000-013 Cooperator Agreement No. COLLECTION AGREEMENT Between CITY OF ASHLAND, OREGON And The USDA, FOREST SERVICE ROGUE RIVER-SISKYIOU NATIONAL FOREST This COLLECTION AGREEMENT is hereby entered into by and between the City of Ashland, Oregon, hereinafter referred to as "Cooperator", and the USDA, Forest Service, Rogue River- Siskiyou National Forest, hereinafter referred to as the "U.S. Forest Service," under the provisions of the Granger-Thye Act of April 24, 1950. Background: Dating back to a Cooperative Agreement between the City of Ashland and the Secretary of Agriculture in 1929, the City and Forest Service have maintained an ongoing relationship centered on management of the City's forested municipal watershed, of which the City and Forest Service are the two owners. To that end, cooperative management projects have taken place, including prescribed burning for the purpose of fuels reduction in 1998 and again in 2007. Under the current scenario, the City is now a partner with the U.S. Forest Service in the Ashland Forest Resiliency Stewardship Master Agreement of 2010 on NFS lands. The City has executed prescribed burns on municipal lands in 2012 and 2013 and wishes to burn the unit addressed by this agreement and future units that have common property lines between the City and Forest Service where burning across ownerships will increase the size and effectiveness of fuels reduction areas for the purpose of suppressing wildfires, sustaining forest health, and protecting water quality, quantity, and wildlife habitat in the Ashland Creek Watershed. This agreement will help accomplish mutually beneficial objectives related to fire prevention, fuels management, and fire suppression in the Ashland Watershed Interface area. Benefits include protection for Ashland's domestic water supply, resources on and near National Forest Systems lands, and increased public and fire fighter safety ecosystem restoration in the Ashland watershed and City of Ashland interface area. Title: City of Ashland Prescribed Fire Assistance 1. PURPOSE: The purpose of this agreement, and incorporated Financial Plan, is to document the voluntary contribution of funds from the Cooperator to the U.S. Forest Service to provide a qualified Burn Boss to direct and supervise prescribed burning on City land that is immediately adjacent to NFS lands. The NFS land is scheduled to be burned at the same time as the City's lands utilizing the same personnel. Page 1 of 6 (Rev.]]-13) USDA, Forest Service OMB 0596-0217 FS-1500-11 II. THE Cooperator SHALL: A. LEGAL AUTHORITY. Cooperator shall have the legal authority to enter into this agreement, and the institutional, managerial, and financial capability to ensure proper planning, management, and completion of the project, which includes funds sufficient to pay the nonfederal share of project costs, when applicable. B. Perform in accordance with the Financial Plan. C. Upon presentation of a Bill for Collection, deposit with the U.S. Forest Service the amount agreed to in the Financial Plan. D. Pending funding availability, incorportate subsequent Operating and Financial Plans into this agreement through bi-laterally executed modifications. E. Pay all bills for collection as soon as possible after receipt. Funds deposited with the U.S. Forest Service shall remain available until expended for the purpose stated in the Operating and Financial Plan, incorporated and attached as Exhibit A. Upon termination of this agreement, any remaining funds will be refunded to the City of Ashland in accordance with the refund provision. F. Provide, with the exception of the Burn Boss, all personnel, equipment, and supplies necessary for conducting the prescribed burn on the City's land. III. THE U.S. FOREST SERVICE SHALL: A. ADVANCE BILLING. The maximum total cost liability to the Cooperator for this agreement is $210.00. The U.S. Forest Service shall bill the Cooperator prior to commencement of work for deposits sufficient to cover the estimated costs (including overhead) for the specific payment period. Overhead shall not be assessed. Billing Method: Single lump-sum advance billings. Billing must be sent to: City of Ashland ATTN: Chris Chambers, Forest Division Chief 455 Siski ou Blvd. Ashland, OR 97520 B. In accordance with Forest Service policy addressed in FSH 1909.13, the Forest Service signatory official has determined that, due to mutually beneficial objectives, Forest Service overhead shall not be assessed. C. Perform in accordance with the attached Financial Plan (aka: Operating and Financial Plan). Page 2 of 6 (Rev. 11-13) OMB 0596-0217 USDA, Forest Service FS-1500-11 D. Pending funding availability, incorporate subsequent Operating and Financial Plans into the agreement through bi-laterally executed modifications. IV. IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE PARTIES THAT: A. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this agreement. Principal Cooperator Contacts: Cooperator Program Contact Cooperator Administrative Contact John Karns, Fire Chief Chris Chambers, Forest Division Chief 455 Siskiyou Blvd. 455 Siskiyou Blvd. Ashland, OR 97520 Ashland, OR 97520 Telephone: 541-522-2066 Telephone: 541-552-2066 FAX: 541-488-2066 FAX: 541-488-5318 Email: karns@ashland.or.us Email: chamberc@ashland.or.us Principal U.S. Forest Service Contacts: U.S. Forest Service Program Manager U.S. Forest Service Agreement Contact Contact Rob Budge, Deputy Fire Staff - Fuels Judith Lang, G&A Specialist Rogue River-Siskiyou National Forest Rogue River-Siskiyou National Forest 3040 Biddle Road 3040 Biddle Road Medford, OR 97504 Medford, OR 97504 Telephone: 541-618-2102 Telephone: 541-618-2022 FAX: 541-618-2143 FAX: 541-618-2148 Email: rbud e fs.fed.us Email: 'tang fs.fed.us B. FOREST SERVICE LIABILITY TO THE COOPERATOR. The United States shall not be liable to Cooperator for any costs, damages, claims, liabilities, and judgments that arise in connection with the performance of work by the U.S. Forest Service or its contractors under this agreement, including but not limited to fire suppression costs and damage to any property owned by Cooperator or any third party. C. REFUNDS. Funds collected in advance by the U.S. Forest Service, which are not spent or obligated for the project(s) approved under this agreement, may be refunded to the Cooperator, authorized for use for a new agreement by the Cooperator, or waived by the Cooperator. A DUNS number and registration in the System for Award Management (SAM) by the Cooperator may be necessary to process a refund. Due to processing costs, any balance less than $25 shall not be refunded to the Cooperator. D. FREEDOM OF INFORMATION ACT (FOIA). Public access to agreement records must not be limited, except when such records must be kept confidential and would have been Page 3 of 6 (Rev. 11-13) OMB 0596-0217 USDA, Forest Service FS-1500-u exempted from disclosure pursuant to Freedom of Information regulations (5 U.S.C. 552). Requests for research data are subject to 2 CFR 215.36. Public access to culturally sensitive data and information of Federally-recognized Tribes may also be explicitly limited by P.L. 110-234, Title VIII Subtitle B §8106 (2009 Farm Bill). E. PARTICIPATION IN SIMILAR ACTIVITIES. This agreement in no way restricts the U.S. Forest Service or the Cooperator from participating in similar activities with other public or private agencies, organizations, and individuals. F. ENDORSEMENT. Any of the Cooperator's contributions made under this agreement do not by direct reference or implication convey U.S. Forest Service endorsement of the Cooperator's products or activities. G. NOTICES. Any communication affecting the operations covered by this agreement by the U.S. Forest Service or the Cooperator will be sufficient only if in writing and delivered in person, mailed, or transmitted electronically by e-mail or fax, as follows: To the U.S. Forest Service Program Manager, at the address specified in the agreement. To the Cooperator, at the Cooperator's address shown in the agreement or such other address designated within the agreement. Notices are effective when delivered in accordance with this provision, or on the effective date of the notice, whichever is later. H. COLLABORATION. The U.S. Forest Service and the Cooperator may mutually agree to collaborate in the review of draft publications, interpretive signs, manuscripts, and other printed material and audiovisuals prior to completion. This agreement, in and of itself, does not authorize the Cooperator's participation in the project. 1. USE OF U.S. FOREST SERVICE INSIGNIA. In order for the Cooperator to use the U.S. Forest Service insignia on any published media, such as a Web page, printed publication, or audiovisual production, permission must be granted from the U.S. Forest Service's Office of Communications (Washington Office). A written request will be submitted by Forest Service rogue river-siskyiou national forest to the Office of Communications Assistant Director, Visual Information and Publishing Services prior to use of the insignia. The U.S. Forest Service rogue river-siskyiou national forest will notify Cooperator when permission is granted. J. TERMINATION FOR COLLECTION AGREEMENTS. Either party, in writing, may terminate this agreement in whole, or in part, at any time before the date of expiration. The U.S. Forest Service shall not incur any new obligations for the terminated portion of this agreement after the effective date of termination and shall cancel as many obligations Page 4 of 6 (Rev. 11-13) OMB 0596-0217 USDA, Forest Service FS-1500-11 as possible. Full credit must be allowed for U.S. Forest Service expenses and all non- cancelable obligations properly incurred up to the effective date of termination. Excess funds must be refunded in accordance with the REFUND provision of the agreement. K. DEBARMENT AND SUSPENSION. Cooperator shall immediately inform the U.S. Forest Service if they or any of their principals are presently excluded, debarred, or suspended from entering into covered transactions with the Federal Government according to the terms of 2 CFR Part 180. Additionally, should the Cooperator or any of their principals receive a transmittal letter or other official Federal notice of debarment or suspension, then they shall notify the U.S. Forest Service without undue delay. This applies whether the exclusion, debarment, or suspension is voluntary or involuntary. L. MODIFICATIONS. Modifications within the scope of this agreement must be made by mutual consent of the parties, by the issuance of a written modification signed and dated by all properly authorized, signatory officials, prior to any changes being performed. Requests for modification should be made, in writing, at least 30 days prior to implementation of the requested change. The U.S. Forest Service is not obligated to fund any changes not properly approved in advance. M. COMMENCEMENT/EXPIRATION DATE. This agreement is executed as of the date of the last signature, and has an expiration date of March 31, 2020. The expiration date is the final date for completion of all work activities under this agreement. N. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the individuals listed in this document as representatives of the individual parties are authorized to act in their respective areas for matters related to this agreement. In witness whereof, the parties hereto have executed this agreement as of the last date written below. JOHN KARNS, Fire Chief Date City of Ashland ROBERT G. MACWHORTER, Forest Supervisor Date U.S. Forest Service, Rogue River-Siskiyou National Forest Page 5 of 6 (Rev. 11-13) USDA. Forest Service OMB 0596-01117 rs-1 socr- t The authority and format of this agreement (15-CO-1 1061000-013) have been revi ed and approved for s~*Ignature. ITH M. LA T46 Date S. Forest Service Grants Management Specialist Burden Statement According to the Paperwork Reduction Act of 1996, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless 4 displays a valid OMB control number. The valid OMB control number for this Information collection Is 0696-0217. The time required to complete this information collection is estimated to average 4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information, The U.S, Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic Information, political beliefs, repdoal, or because all or part of an individual's income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202-720.2600 (voice and TDD). To the a complaint of disaiminadon, write USDA, Director, Office of Chn1 Rights, 1400 Independence Avenue, SW, Washington, DC 20250.9410 or call toll free (866) 632.9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877.8339 (TDD) or (866) 377.8642 (relay voice). USDA is an equal opportunity provider and employer. Page 6 of 6 (Rev. I I -13) U.S. Forest Service Agreement No. 2015-CO-11061000-013 Cooperator Agreement No. EXHIBIT A OPERATING AND FINANCIAL PLAN I. Period of Performance: • The estimated period of performance for prescribed burns identified under Part II, begins on the date of execution of the agreement with a goal date of completion by June 30, 2016. Actual completion of the proposed burns may vary due to contingencies such as weather, fire season, burn bans, and/or other unknown conditions. • Prescribed burning will take place when the burn unit is in prescription in either the spring or fall. II. Project Location: • Units to be burned on City lands are identified on the attached map. Legal description of the joint burn unit is Township 39S, Range 1E, Section 16. Please see attached map. III. Financial Plan (see attached) The attached Financial Plan includes estimated costs for Prescribed Burn activities conducted on City of Ashland property identified under part II. Funds collected in advance from the City of Ashland are deposited into a dedicated account and assigned a unique accounting code. Work may commence after U.S. Forest Service has received the assigned accounting code from the Albuquerque Service Center, for funds collected under this agreement. Any remaining funds not spent for the proposed project may be applied to subsequent projects, as agreed to by the parties and documented in subsequent modifications. U.S. Forest Service OMB 0596-0217 FS-1500-18 Forest Service Agreement # 15-CO-11061000-013 Cooperator Agreement # Collection Agreement Financial Plan Cooperator and FS Contributions PERSONNEL Resource Shecialkt~ (List all personnel): # of $/Day Days Prescribed Fire Burn Boss, Type 1 or 2 qualified. 3.00 $70.00 $210.00 5210.00 *name to be determined $0.00 X0.00 *80% of burn unit is on FS lands, 20% on City $0.00 $0.00 FS will a 80% of cost of burn boss. $0.00 $0.00 *Cost per day for Burn Boss is $350 x.2 = $70/day $0.00 50.00 reimbursed b the City $0.0u $0.00 $0.00 50.00 $0.00 $0.00 $0.00 50 00 $0.00 50.00 Subtotal, Personnel: 3.00 L $210.00 $0.00 $210.00 ---j TRAVEL Lxplanatiou of trips: chielc a From Where/To Whcre/For Whom Mileage # of l'erDiem Cost or and Airfare Tries Lodging Cost n/a $0.00 $0.00 $0.00 50.00 S!"! iri 50.00 Subtotal,IYa~cl: $0.00 0 $0.00 $0.00 $0.00 $0.00 EQUIPMENT Name and 'I eutE ui>anent: Unit )l~ 1 I Cost Quantity n/a $0 nn 50.00 $01o) S0.00 S!i ni $0.00 Subtotal, I_.r ui nncnt: $0.00 0 $0.00 $0.00 $0.00 SUPPLIES Name and Type of Supplies: U° 1 t i Cost Quantity n/a $0.00 $0.00 50.00 S0.00 SQ b0 $0.00 Subtotal, Supplies: $0.00 0 $0.00 $o.00 $0.00 U.S. Forest Service OMB 0596-0217 FS-1500-18 TRAC'TUAi. Describe Contracts that NN ill mrstlikel result from this project: n/a ~0~00 50.00 50.00 Subtotal, (contractual: $0.00 $0.00 $0.00 OTHER Describe Other Costs of the Project: , n/a $U o0 $0.00 EO.DO Subtotal, Other: $0.00 $0.00 $0.00 TOTAL DIRECT CHARGES $210.00 $0.00 $210.00 OVERHEAD ASSESSMENT Insert (if applicable, see FSH 1909.13) Rate Here: 0.0% $0.00 Total Party Costs $210,00 $0.00 $210.00 TOTAL CHARGES $0.00 OVERHEAD ASSESSMENT Insert (if applicable, see FSH 1909.13) Rate ,Here: 0.0% $0.00 Total Pass-Through Costs $0,00 TOTAL PROJECT COSTS $210.00 Burden Statement According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this information collection is estimated to average 45 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer. City of Ashland and USFS Prescribed r w Underburns 2015 D PRIV T LAN , u s t w Legend Streams Forest Roads Trails AGENCY USFS CITY OF ASHLAND Council Communication April 7, 2015, Business Meeting Confirmation of Mayoral Appointment of an Interim Police Chief FROM: Dave Kanner, city administrator, dave.kannergashland.or.us SUMMARY Terry Holderness will retire as Ashland's police chief effective April 17, 2015. The City is currently conducting a national search for a successor. A new chief will not be in place prior to Terry's departure, so it is necessary to appoint an interim Police Chief - Tighe O'Meara to manage the department until that new chief is appointed. BACKGROUND AND POLICY IMPLICATIONS: The recruitment for candidates to replace the retiring Terry Holderness as Ashland police chief closed on March 27 and interviews are currently scheduled for the final week in June. Since a new chief will not be appointed prior to Chief Holderness' April 17 retirement date, it's necessary to appoint an interim chief - Tighe O'Meara to manage the department. Tighe O'Meara has worked for the City of Ashland since January 2010, when he was hired as a sergeant and relocated to Oregon from Detroit, Michigan. He was promoted and has served as Deputy Police Chief in Ashland for over a year. Tighe brings more than 22 years experience to the position. With a master's degree in management and twelve years management/supervisory experience in law enforcement, he brings a combination of education and leadership that will help provide stability to the department during a time of transition. COUNCIL GOALS SUPPORTED: N/A. FISCAL IMPLICATIONS: The City will recognize some salary savings on a short-term basis when Chief Holderness retires and Tighe O'Meara becomes interim chief, since we are not planning to back-fill Tighe's deputy chief position during this interim. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council confirm the Mayor's appointment of Tighe O'Meara as interim police chief. SUGGESTED MOTION: I move to confirm the Mayor's appointment of Tighe O'Meara as Interim Police Chief for the City of Ashland. ATTACHMENTS None. Page 1 of 1 ,r, CITY OF ASHLAND Council Communication April 7, 2015, Business Meeting Letter of Support for Proposed Cascade-Siskiyou Scenic Bikeway Designation FROM: Michael R. Faught, Public Works Director, Public Works Department, faughtm@ashland.or.us SUMMARY This is a request for Council to consider signing a letter of support for the Travel Oregon proposal to designate the 55 mile Cascade-Siskiyou Bikeway as a Scenic Route, which originates in Ashland. BACKGROUND AND POLICY IMPLICATIONS: Travel Oregon is considering designating the Cascade-Siskiyou Scenic Bikeway as one of 12 official Oregon Scenic Bikeways. A letter of support from the Ashland City Council would be an important component of the final approval process. The proposed bike route, which is popular with local cyclists, is a challenging 55 mile loop that starts in Ashland, travels up Green Springs Road (with nearly a mile of vertical climb), then continues to climb as the route turns east on East Hyatt Lake, Hyatt Dam and Hyatt Prairie Roads. The route then turns onto Dead Indian Road and includes another short climb before heading back down the mountain to Ashland. This scenic route highlights some of the very best biking in Southern Oregon and showcases both Hyatt Reservoir and Howard Prairie Lake. Travel Oregon recently held a two day community workshop and a proponent committee work session on March 16 and 19, 2015, to develop Scenic Bikeway goals and to begin to build cross sector relationships and common purpose. One of the final steps for this process is for the City Council to submit a letter of support for the proposed Cascade Siskiyou Scenic Bikeway designation. Support for biking in and around Ashland is consistent with not only our current Gold level Bicycle Friendly Community designation but our goal to elevate that gold designation to the platinum designation in the future. If approved, this route will be promoted as one of the best places to cycle in Oregon. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the City Council authorize the Mayor to sign the attached Cascade- Siskiyou Scenic bikeway letter of support. SUGGESTED MOTION: I move to authorize the Mayor to sign a letter of support for the proposed Cascade- Siskiyou Scenic Bikeway. ATTACHMENTS: Letter of support Page I of 1 IAL, CITY OF ASHLAND April 8, 2015 Alex Phillips Oregon Parks & Recreation Department 725 Summer St NE Ste C Salem, OR 97301 Dear Ms. Phillips, The City of Ashland would like to express our support for the Cascade Siskiyou Scenic Bikeway designation. We are excited about expanding bicycle tourism in Southern Oregon through this program. We have jurisdiction of East Main Street, which serves as the first and last few miles of the route, and we understand that we will be installing the initial signage and receiving reimbursement for our work. We are excited to promote biking in and around Ashland, which has earned a Gold level Bicycle Friendly Community Designation. This route highlights some of the very best biking in Southern Oregon, and we're happy to be a part of and support the efforts to designate it as some of the best biking in the state. Sincerely, John Stromberg, Mayor OFFICE OF THE MAYOR Tel: 541-488-6002 20 East Main Street Fax: 541-488-5311 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.orms CITY OF ASHLAND Council Communication April 7, 2015, Business Meeting Request from Public Art Commission for increase of funds for a public art beautification project along the path from East Main Street to the Thomas Theatre FROM: Ann Seltzer, management analyst, seltzera cgashland.or.us SUMMARY The Downtown Beautification Committee last year requested that the Public Art Commission oversee the process of commissioning public art to be affixed to the city-owned stem wall along the path from East Main Street to the Thomas Theatre and adjacent to Earthly Goods. The Committee also recommended the Council allocate $18,000 for this project, which the Council approved in September 2014. The Public Art Commission requests an allocation of $75,000 for the project. BACKGROUND AND POLICY IMPLICATIONS: In September, 2014, the City Council approved a number of beautification projects recommended by the Downtown Beautification Committee. During the Downtown Beautification Committee discussions, the committee expressed an interest in public art along the walkway between East Main Street and the Thomas Theatre that would be as interesting at night as during the day. It was suggested that incorporating LED lighting in the art would be desirable. The pathway from East Main Street to the Thomas Theatre is approximately 15 feet wide, measures 60 feet to the base of the first set of stairs and the adjacent buildings measure between 10 and 20 feet in height. The Public Art Commission has done considerable research on the cost of public art installations that incorporate light and are large in scale. Based on the information they have collected they believe a realistic budget for this space is $75,000. In addition, they feel that requiring the art to be attached to the city-owned stem wall places limitations on artistic vision and artistic potential for that space. Attached are examples of large scale public art installation with lighting and with actual budgets. If the Council is in favor of increasing the budget for this project, staff suggests carrying over the $18,000 allotted for this project in the current biennium to the next biennium. The following chart illustrates the anticipated revenue for downtown beautification projects in BN 2016-2017, funds committed for upcoming projects and $75,000 for the public art. Page 1 of 2 ~1, CITY OF ASHLAND BN 2015-17 Anticipated Budget Project $239,500 ($221,500 plus $18,000 carryover) Public Art $75,000 Permanent Welcome $24,000 Signs Historical Markers $11,000 Tree wells $10,000 Replacement of $49,000 Pedestrian lights Unidentified projects $25,000 TOTAL: $194,000 Balance remaining $45,000 Typically, between 15%-20% of a public art project budget is the artist fee. The remainder is used by the artist for materials, fabrication, engineering, installation and other costs associated with the project. At an upcoming City Council meeting, the Public Art Commission will present its proposed process to commission public art for that location. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: Funds for the list of projects in BN 2015-2017 are anticipated and were adopted via Resolution 2015- 04 on March 3, 2015. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval. SUGGESTED MOTIONS: I move approval of a total of $75,000 to commission public art for the walkway between East Main Street and the Thomas Theatre. ATTACHMENTS: • Examples of public art installations and associated budgets • Resolution 2015-04 Page 2 of 2 wm, Y fiI'A Z 5 r., t ty. ' i JJ/ti i YY 11 ~i } Aida xahet tchelixianwv~vi+.~eahelmari.com "Nip,atIoUt:Op~3m st' 8.e401e, WA 2015 Spaced and 1raided ME, UHM PF,,'and polyester fibers (stronger thaii steel) VWtii coloxed L1;D Dimensions-of net;120 ft. length x 80.1 width -k 40 -it, deptli. Installation DImensions: 300 ft. ldhgth k-175 ff. Vidth x 55.1. height Cost: $4,00,000 about $80/s#' , translated to a 60 by 10 site appioxhnately $50,000 r' 1 t T l(~' i _ t ctrl .r'yF7 Artists Haddad-and. Drugan., www.haddad-d+ruganXom.(Seattle WA) "i_.ineage", ;San Jose Arts Cornmission, CA zoos Concrete,. embedded artifacts4 painted stainless steel rods, anodized pfipe - Co$t; u35,ooo includes budding a lengthy concrete Wall with a. water feature. i ,r.ri} ' ,i a e,wa• P ° - - - - . o, 7 l -r . 1 r+ +I 1 } Artists Haddad and.prugan,.www haddad-dnugan.com (Seattle, Wa) "Optical Gardens', Baltimore MO rocks, engraved stone,:metal, concrete, -led lighting wi#h1andscaping Linear park along a city block Cyst; $254,000 includes concrete pavers and landscaping i i t ~1 jy1... ,rl ~3 t ! ' ~y~' ~ r ~ L r tt `y 1 t . t . 1 t` r + t Z Artists Haddad and Drugan, www.haddad-drugan.com (Seattle, Wa) " Iridescent Cloud", Denver, Co 1014 fabricated by Demiurge Design.com acrylic prWs woven in Web of mirrored stainless steel rods mounted nri three stainless steel columns Cost-, s425,ooo includes prisms s5o,ooo, paving and pyrite $40,'Qao 21,24/2015 Gift bf Railt! Lakewocxl, CO i Jotur FI*Jn lU listJobgFJ6m!I,- Artlst PORTFOLIO CON7iK:T RIOGRAPIIY RESUMEPDr.. PRESS Gift of !fain ~ LakeWODd, CO QenYerjsexperleluing•serlopsclrouglttwhilemyJ )eto.+m eatlfe:slem5>tobegettlngwetterandwelter. II#onemyGIhT.OFMIN will beglnto turn tlre.._ _~~ousagdxgf`mivmi~rs~_st►fpsdadyvithsreNectn~~dtrl;5ornev~vntrt~erec~~yihecamera'sf4lah•orat~kydls~sIfght. - _ ,fides: - i 3 httpJlwww'johnDemingarltst cornlwpfporifdiolgik-of.-rain-lskewood-col ll~ PJ24120Z Nigh Assert Spiral I Jchq Fleitiirid.ArtlstJohn Fleming Artist PoRTrOLR) CONTACT BIOGRAPHY RESUME PDF PRESS Nigh Decor f SpIral Tlsel'e.is setinethir universal aknut s{ilrals. Lt the higlydclseYt we Und gealogital examples of lava-cooling Into spirals.-IFor Bead, clrepn I susperydeci 6o s g -b4~ r nt ~i> Spiral. bsiO-ttl actes tlrshiHi)* nto, raptarin~rtheT lowyoerrntgl~tiindirs#ct `~t car Obr t _ E~';ry t R I !c • ,M t a I~ M1M1. yt'~ ''F.'n s t 1 ' 7,• tai. x, p y~''. i + t ~ j ~ r r 4 hltirlMiutwJdtn9emtngar~st.comhNpJpori~lioJligtt-desert-splrall Blessing Hancock Wandering Stars Page 1 of 2 SKYRIM MOO ING -(iNDEX-.HTML) ~ ABOUT ( CONTACT Blessing Hancock sculpture. J rc~ 1M 'r?B ~Q S.t.. s v 4. Wandering War-s 2.013 glepsing Hancock and Joe O'Connell Tucson, Arizona steel, acrylic, LEEWs, -electronios, touch sensor 25'x90'Ix 118' commissloning agency: City of Tucson Wandering Stars. is a colorful, chpotic `swarM' of elements that JhVite lnteraotivity and celebration:at one of the Modern Streetcar. .stops in Tucson.' A `flock' of triangular form$ are frozen in motion and work together thr-oijob touch se.nsltive design components. Each triangle Is Influenced by those adjoining. it, creating a vibrant 'flow' of color and light patterns throughout the work. t 1e:/l/~/iJsei s/Sandy/AppData/t.ocallTemp/i.ow/7VA 5029 S~V.htm 2/19/2015 Blessing Hencock Utah Bit and Mine Page '1 of 2 SKYRIM ST-UDIQ *140 (INDEX.HT'ML) ABOUT CONTACT c I Blesslng Hancock saulpture Utah IWt and .Mine 2011 Blessing Hancock, Joe O'Connell., Nina Borgia-Aberle Binohala juncdon Light -kall Sfation, Midvale, Utah a ic, LED lighting, eleetronlcs, touch sensor comtfilssloriing agency: Utah Transit Authority Utah B.it and Mine consists of two intoractive light sculptures that oelebrate the -ldentity; history and Valuas of Midvale-home of one of the. largest copper mines in the world. Over Mldvale's history muting corrtpan.les shaped ;the- land, cerviog a+.uge descending spiral into the earth with cross=shaped bits. But the land shaped the soclety th.at organized itself .around Minlrig. Th'50 -tw.o.sculptures face each other filet/!G:/CJsers/Sandy/~ppData7LocaUTemplLow/Al'TC~STEO:I~tm 211.9/2UlS I Blessing Hatncodk Cocoon Page .l of 2 SKXRIM STUDIO INC- (INDE-X.HTML) A13OUT I CONTACT 1 Bfes°sI'll H nCack i cUlpture 1 _ i t . ~aaoan 2U1~ ' Blessing Hancock, -Joe O'Connell, Nina Sorgla-Aberlo HOUghta.n- Am4d, Tu0san,-.A6zona stainless steel, LED llghting 14' illb x 38' length commissioning agency: City of Tucson Coot t>tx~_ . Cocoon. is an engaging, tilUmlliated soulpture that you oan Walls through and feel yowself transformed :by the experience: Our primary goal is to express a sense of rebirth and transforMoflon.. olored light transforms the lnslda of the cocoon Into a shadow theater where people can .'see themselvi96 projected onto the surface of the scorpture and"Its surroundings. file:///C:iUsers/Sandy/AppData/Local/Teinp!Low/2K(~BT157,htm 2/1812015 I 1 _ I 1 SUSAN Z.OCCOLA q r 1[dt1 04 DROP$". 2011, Lynnwood Recreation Center; Lynnwood, WA. '$tool, Ecoresin, epoxy, LED's, 61OMed concrete. 15 ft x 20 ft x 25 tt. Tills ,sculpture was inspired by the moveirlentof water droplets and is sited In front of a busy community swiinming* pool and tecreatlon,center. AcEirig as a'grove' of light sculptures, the piece is a welcoming entrance liowdn day'and night. CornWs6l6hbd by City of Lynnwood. EWget $,130K. 036 Mertdlan Avenue North, Seaift% •Wpshington 98103 7.06.056.8844• sasanQsasaiuoccola.cotn www usanx - la.corn 9 i SUSAN ZOCCOLA { r . Jill rl Image 8 "HOYT AVE LIGHT SCULPTURES". 2013. Everett, WA. Painted steel, LEDs, gobo projections. Each sculpture is 21 ft high. This piece consists of 11 light sculptures, spanning 5 City blocks, that act as beacons, creating an identity for the Arts District in the City of Everett. They are inspired by festival lanterns and seedpod shapes; a fun and ebullient artwork that connects drive-by and pedestrian visitors and changes from night to day. The sculptures bend slightly over the sidewalk, creating a pleasing lit walkway canopy. During the day the sculptures look like joyful forms reminiscent of natural shapes, easily recognizable at a distance as well as enjoyed close-up. At night, they act as lanterns, welcoming visitors with warm glowing shapes on the poles and their related round gobo projections on the sidewalks. Commissioned by City of Everett. Budget: $11 OK 4136 Meridian Avenue North, Seattle, Washbigton 98103 206.856.6644 susaa®susanzoccola.oom www.susanwcWa.oom 14 1 SUSAN ZOCCOLA f Image 1 "GRASSBLADES". 2002. Seattle Center, WA, Harrison Street entrance. Collaboration with John Fleming/R/B/F i Architects. Steel and epoxy paint. 30 ft x 150 ft x 4 ft. Each blade (of 110) is 30 ft x 1 ft x .5 in. This 150-foot long and surprisingly flexible screen wall draws people into the Center and park day and night. The artwork received an AIA award and has become iconic for the Center and very popular with skateboarders and strollers. I like the way this piece conveys an organic quality of grass or bamboo (moves slightly In the wind), yet ifs made out of industrial materials in a very urban context. Commissioned by the Seattle Center. Budget: $200K f 4136 Meridian Avenue North, Seattle, Washington 98103 206.856.6644 sman6susanzoccola.can www.susanzoccola.oom 7 RESOLUTION NO.02015-0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND ALLOCATING ANTICIPATED REVENUES FROM THE TRANSIENT OCCUPANCY TAX FOR THE BIENNIUM 2015-2017 BUDGET AND REPEALING RESOLUTION 2013-05. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. That the City of Ashland collects a Transient Occupancy Tax, as outlined in the Ashland Municipal Code 4.24. Revenues from the Transient Occupancy Tax are used to fund General Governmental expenses, economic development, tourism promotion and the City's Economic, Cultural, and Sustainability Grant program. SECTION 2. The City of Ashland has adopted policies for the grant program. Through the grant program, the City is purchasing services from non-profits that it might otherwise provide directly. The grant program has three basic goals: • Economic Development. The grant program will support the creation, retention, and expansion of businesses and other ventures that enrich our community by creating goods and services that provide employment opportunities while maintaining and enhancing the overall quality of life. • Cultural Development. The grant program will support increased diversity and accessibility of the creative arts and cultural opportunities in Ashland for citizens and visitors both to support the visitor economy and to enrich the quality of life in the community. • Sustainability. The grant program will support efforts to ensure Ashland is environmentally, economically and socially resilient as a community. SECTION 3. The City of Ashland has determined that as of July 1, 2003, $186,657 or 14.23% of total Hotel/Motel tax revenues were expended on tourism promotion, as defined in Chapter 818 of the 2003 Oregon Laws, and will continue to be spent on tourism promotion increased or decreased annually consistent with the estimated TOT revenues budgeted. Additionally, Chapter 818 requires 70% of any increased TOT revenue generated by a higher tax rate is committed to tourism promotion. Appropriations for tourism are based upon the following percentages established in FY 2009-10 when the rate was increased from 7%-9%: 1. A minimum of 14.23% of the estimated TOT revenue to be generated by the first 7% tax rate for tourism promotion per Chapter 818, 2. A minimum of 70% of the estimated TOT revenue to be generated by additional tax rates approved by Council on June 3, 2008 for tourism promotion per Chapter 818. For the Biennium 2015-2017, the City of Ashland expects to budget $2,546,250 in 2015-2016 and $2,673,560 in 2016-2017 in total Transient Occupancy Tax. Those funds are split between tourism and non tourism uses as follows: Page 1 of 2 2015-2016 2016-2017 Tourism (26.67% of total): $ 679,100 $ 713,040 Non Tourism (73.33% of total): $1,867,150 $1,960,520 Tourism Portion 2015-2016 2016-2017 Chamber of Commerce VCB - estimated as 56% of Tourism $380,290 $399,305 funds Oregon Shakespeare Festival - $110,000 of Tourism funds, $110,000 $110,000 estimated as 17.0% in 2015-2016 and 16.2% in 2016-2017 City Economic, Cultural, and Sustainability Grant program - $67,910 $71,304 estimated as 10% of Tourism funds Public Art - 3 % of Tourism funds, estimated $20,370 $21,392 Other City Capital Projects that qualify or Grants - the balance of $100,530 $111,039 Tourism funds, estimated as 14.0% and 14.8% If the actual TOT revenue, dedicated for Tourism, is in excess of the above allocations or if actual, qualifying expenditures in the year are less than the appropriated amount, the additional or unused amount(s) will be reserved for future Tourism related projects or Capital Improvements that qualify per the state definition as determined by Council. Non Tourism Portion The remaining estimated TOT revenue (not restricted by use) will be 100% appropriated for other uses through the budget process including, but not limited to, the Economic Development program and Economic, Cultural, and Sustainability Grant program. Unrestricted TOT revenue unspent in a budget year becomes part of the General Fund unrestricted ending fund balance unless otherwise determined by City Council. SECTION 4. Resolution 2013-05 is repealed upon passage of this resolution. SECTION 5. This resolution was duly PASSED and ADOPTED this , day of 2015 and takes effect upon signing by the Mayor. 19 Barbara Christensen, City Recorder SIGNED and APPROVED this day of 92.015. fJhn Stroinberg, Mayor Reviewed as to form: X ~"W t~-d,4' avid Lohman, City Attorney Page 2 of 2 CITY OF -1S H LA N D Council Communication April 7, 2015, Business Meeting Review of BN 2015-17 Capital Improvement Program and BNs 2017-19 and 2019-21 Projects in Concept FROM: Scott A. Fleury, Engineering Services Manager, Public Works/Engineering, fleurys@ashland.or.us SUMMARY This is a review of the Biennium 2015-17 Capital Improvement Program (CIP) for the City Council as a prelude to the City's budget process, along with an update of the current biennium CIP. Many projects are complete, with many more at various stages of development. This presentation will include the Public Works, Parks, Electric, and IT/AFN CIPs BACKGROUND AND POLICY IMPLICATIONS: CIP Background The CIP represents the timing and funding plan for large projects that have been identified internally by City departments. Project selection is based on the availability of funds, regulatory requirements, established master plans, the pavement management program, and other adopted long term planning documents. The first criterion for inclusion in the CIP is availability of funds. As in the past, the proposed BN 2015-17 CIP includes projects that depend on grants, loans, and approved rate structures for funding. The proposed BN 2015-17 CIP lists only the projects likely to be constructed over the next two years. In addition, priority projects within the internal managed six year CIP window that do not have a secure funding source are listed in the unfunded category of the CIP. Currently Public Works unfunded projects total $56,380,400. The Parks CIP shows $1,550,045 worth of projects funded by as- yet unidentified sources. In addition to the master plans, Street Department CIP projects are prioritized based on the pavement management program. The pavement management program evaluates the existing street system and recommends strategic street construction projects based on the life cycle of each street. A street user fee study is currently in process and staff will present before Council the outcome of the study and a comprehensive pavement maintenance strategy in the coming months. The BN 2015-17 Public Works CIP was developed directly from the current adopted master plans and staff input regarding critical need projects. The City-adopted water, wastewater and transportation system plans outline capital improvement projects to meet regulatory and growth requirements. The Parks and Recreation Department updates its long-term project priority list annually with the Parks Commission. The Electric Department uses a 2003 study completed by CVO Electrical Systems, LLC Page 1 of 4 CITY OF ASHLAND for their CIP projects and cash funds its projects using available resources within each budget cycle. AFN CIP projections are based on the most recent AFN Business Plan assumptions. Current Biennium Highlights Public Works Department Completed Street Division projects during this biennium include: Miscellaneous concrete improvements; Road Diet restriping; and slurry seal. Street Division projects that are currently in progress include: Walker Ave. safe routes to school sidewalk project, N. Main sidewalk connection (Schofield to N. Main); Hersey St. sidewalk project (Oak St. to N. Main); Oak St. railroad crossing improvement; Wightman St. overlay engineering (Siskiyou Blvd. to Quincy St.); transportation utility fee study; and the Downtown Parking and Multi- modal study. Street Department projects that have been cancelled or placed on hold include: N. Mountain Ave rehabilitation project (Hersey to I-5) and N. Main overlay (E. Main to railroad tracks); Maple St. sidewalk connection; and Orange St. sidewalk project (N. Main to Willow St.). Completed Water Division projects during this biennium include: Talent Ashland Phoenix Intertie (TAP) emergency project. The TAP project required an enormous manpower effort from a majority of Engineering Division staff starting in February of 2014. This project drew staff resources away from other projects during that time frame. Additional projects completed include; water treatment plant security upgrades; water warehouse telemetry improvements; Calle Guanajuato waterline replacement; and East and West Fork sediment removal. Water Department projects that are currently in progress include: cost of service study, Ivy/Morton waterline engineering and Terrace St. pump station improvements. Water Department projects that have been cancelled or placed on hold due to drought related revenue shortfalls include: Ivy St. to Morton St. waterline construction; Normal Ave. waterline construction; Oak St. waterline construction; Siskiyou Blvd. waterline construction; and Park Estates pump station improvements. Completed Wastewater Department projects during this biennium include: SCADA system improvements and completion of the Facility Planning Study. Wastewater Department projects that are currently in progress and will take several years to complete include; effluent outfall relocation; A St. sewer upsizing; Bear Creek trunkline upsizing; water quality trading (shading); and a new oxidation ditch. Additional and Unplanned Public Works Pro-ects in the Current Biennium In addition to regular planned projects for each department, many other significant projects used staff resources. They included: N. Main crosswalk analysis; engineering and site planning for the Washington St. extension project; Lori Lane alley connection; 2014 drought management; downtown beautification improvements; Normal Ave. neighborhood plan; Federal Energy Regulatory Commission functional exercise planning; Hosler Dam left abutment analysis; Alsing reservoir mixing analysis and oxidation ditch wetland delineation. Page 2 -P4 1`, CITY OF -AS H LAN D Parks Department Major projects completed in this biennium include: Irrigation and other improvements at Oak Knoll Golf Course; Calle Guanajuato reconstruction; phase I of Ashland Creek Park; Enders Shelter rehabilitation; Atkinson Bridge rehabilitation; and ice rink cover purchase and construction. Electric/IT/AFN Major projects completed in this biennium include: Calle Guanajuato electric infrastructure; Oak Knoll substation upgrades; Ashland substation feeder line; Oak Street feeder line replacement; East Main 1-5 crossing; relocation of pole storage yard; AFN headend upgrade; and Phase 1 of the AFN "Internet Project" as called for in the AFN business plan. BN 2015-2017 Program Public Works Department The proposed Public Works biennium CIP of $38,273,990 represents a 183% increase over the previous biennium's CIP of $13,501,950. The primary increases are associated with major capital construction projects including the new water treatment plant, new treated water storage tank, new wastewater oxidation ditch and the Nevada St. bridge extension. Street Fund: Proposed Street Department projects include: E. Nevada St. extension; Washington St. connection; Orange Ave. sidewalk infill; and Oak St. and Laurel St. railroad crossing improvements. Water Fund: Proposed Water Department projects include: Park Estates Pump Station improvements; new treatment plant and reservoir and priority water mainline improvements. Wastewater Fund: Proposed Wastewater Department projects include: starting the riparian restoration program for development of thermal credits that can be used for the City's discharge permit; continuing the process of relocating the current effluent outfall; Priority pipeline improvements based on the master plan; and preliminary engineering for a new oxidation ditch. Storm Drain: Proposed Storm Drain CIP project includes installation of storm drain on Idaho St. from Iowa St. to Holly St. Parks Department The Parks CIP totals $4,287,889. Proposed CIP projects include: phase II of Ashland Creek Park; dog park construction next to YMCA Park; Grove office remodel; Winburn Way sidewalk improvements; Lithia Park Master Plan; and Meyer pool bubble. Electric/AFN/IT Departments The Electric Utility CIP totals $1,194,000. The AFN CIP totals $350,000. Proposed CIP projects include: rebuilding downtown/OSF feeder line; SCADA improvements; Mountain Ave./Ashland substation intertie; new distribution buss at Mountain Ave. substation; new infrastructure and related equipment to serve new electrical loads; and AFN "Internet Project" upgrades as called for in the AFN business plan. Page'; of 4 Ir, CITY OF -ASHLAND BN 2015-17 Capital Equipment Purchase Plan The BN 2015-17 Capital Equipment Replacement Program proposes a total budget of $1,330,500 for the biennium. COUNCIL GOALS SUPPORTED: • Be proactive in using best practices in infrastructure management and modernization • Re-examine and review master plans and SDCs on a regular basis FISCAL IMPLICATIONS: A criterion for inclusion of a project into the CIP is availability of funds. As in the past, the proposed BN 2015-17 CIP includes projects that depend on grants, loans, and rates. In addition to the CIP projects, Public Works will also work with consultants to perform a five-year update of the current adopted water and wastewater master plans. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approving the biennium budget capital improvement program. SUGGESTED MOTION: I move approval of the biennium 2015-17 budget capital improvement program for all departments. ATTACHMENTS: 1. BN 2015-2017 Public Works Capital Improvement Program 2. BN 2015-2017 Equipment Replacement Schedule 3. BN 2015-2017 Parks Department Capital Improvement Program 4. BN 2015-2017 Electric Capital Improvement Program 5. BN 2015-2017 IT/AFN Capital Improvement Program Page 4 of 4 ~r, Capital Improvements Plant 2015-2017 Construction Years Project FY16-17 Project Description 2015-16 2016-17 Totals Roadwa FY16 FY17 Project Totals Railroad Crossing Improvements; Oak $ 150,000 $ 150.000 Railroad Crossing Improvements; Hersey & Laurel $ 440,000 $ 440,000 Independent Way - Washington St to Tolman Creek Rd $ 1,835,000 $ 1,835,000 East Nevada Street Extension $ 5.481.000 $ 5,481,000 Subtotal Roadway $ 2,425,000 $ 5,481,000 Street Im rovements/Overla s er Pavement Management System Goal of $350&22/ r FY16 FY17 Project Totals Re ave/Partial Rebuild - Ashland Street - Siskiyou to R/R Tracks $ 1,200.000 $ 1,200,000 Subtotal Street Im rovements/Overla - $ - $ 1,100,000 Sidewalk/Pedestrian FY16 FY17 Project Totals Walker Avenue - 950' north of Iowa Street to Ashland Street (CMAQ) $ 88,000 $ 88,000 Hersey Street - N Main Street to Oak Street CMAQ) $ 250,000 $ 250,000 N Main Street/Highway 99 - N Main Street to Schofield Street $ 75,000 $ 75,000 Chatau ua Walk Replacement $ 30,000 $ 30.000 A Street - Oak Street to 100' west of 6th Street $ 150,000 $ 150,000 Subtotal Sidewalk/Pedestrian $ 443,000 $ 150,000 ~ 1 ~ II ' I 1 Water Su 1 FY16 FY17 Project Totals Emergency TAP Pipeline & Pump $ 920,000 $ 920,000 TID Canal Piping: Starlite to Terrace Street $ 765,100 $ 644,800 $ 1,409,900 TID Terrace St Pump Station Improvements $ 255,000 $ 255,000 Reeder Reservoir Access Road TMDL Compliance $ 112,600 $ 112.600 East & West Fork Transmission Line Rehabilitation $ 300,000 $ - Ashland Creek West Fork Bride Construction $ 125,200 $ 125,200 Sediment TMDL in Reeder Reservoir $ 63,700 $ 63,700 FERC Part 12 Dam Safe Inspection (50% Electric, 50% Water) $ 47,800 $ 47,800 Subtotal Water Supply $ 2,052,700 $ 1,181,500 Water Treatment & Storage FY16 FY17 Project Totals 2.5 MGD Water Treatment Plant $ 1,159,300 $ 6,567,300 $ 7,726,600 2.6-MG Reservoir & Clearwell ("Crowson 11') $ 864,800 $ 3,582,200 $ 4.447.000 Permanganate Feed Facility Study & Implementation $ 307,200 $ 307,200 Raw Water Bypass Measurement $ 25,000 $ 25,000 Subtotal Treatment & Storage $ 2,331,300 $ 10,174,500 Water Distribution FY16 FY17 Project Totals Park Estates Pump Station/Loo Road Reservoir Alternatives $ 618.000 $ 1.909.600 $ 2,527.600 Subtotal Water Distribution $ 618,000 $ 1,909,600 Water Mainline ProiLeg FY16 FY17 Project Totals Oak Street - Nevada to Bear Creek Bridge $ 273,200 $ 271200 Lithia Water Line Replacement - Pioneer Street to Plaza $ 100,000 $ 100.000 I Lane - Morton Street to west end of I Lane $ 346,200 $ 346,200 I Lane - South Mountain to FH-16AD-038 $ 100,300 $ 100,300 A Street - 1st St to 6th St $ 150,000 $ 150,000 Parker Street - Walker Ave to Lit Way $ 23,900 $ 23.900 Harmon Lane - Siski ou Blvd to Lit Way $ 11,900 $ 11.900 Lit Way - Jo Avenue to Ray Lane $ 6,000 $ 6,000 Ra Lane -Lit Wa to Jo Ave $ 6.000 $ 6,000 Subtotal Mailine Proects $ 373,2110 $ 644,3.00 WATER $ I 13,909,900 $ 18,985,100 WASTEWATER Wastewater Treatment Plant FY16 FY17 Project Totals Outfall Relocation / Fish Screen $ 437,305 $ 437,305 $ 874,610 Shading (Capital Cost + first 6 years of O&M) $ 735,000 $ 485,000 $ 1,220,000 Oxidation Ditch Shell $ 2,201,000 $ 2,534,000 $ 4,735,000 RAS Pump Replacement $ 115.000 $ 115,000 Subtotal Treatment Plant $ 3,373,305 $ 3,571,305 Wastewater Collection S stem FY16 FY17 Project Totals Wastewater Line U sizin - 18" & 24" Parallel Trunkline along Bear Creek $ 691,460 $ 691,460 $ 1,382,920 Wastewater Line Replacement; 15" Main - Mountain Avenue $ 133,360 $ 131360 Grandview Pump Station Replacement $ 364,000 $ 364,000 Wastewater Line Re lacement; 15" Main - A Street $ 150,000 $ 150,000 Subtotal Collection System S I,l8iy,820 $ 841,460 WASTEWATER S 4,562,125 S 4,412,765 S 8,974.890 Storm Drain FY16 FY17 Project Totals Beach/ Mountain Creek; Idaho from Iowa to Holly $ 55,000 $ 55,000 55,000 ADMINISTRATION - Cit Facilities FY16 FY17 Project Totals B St Maintenance Yard - Building Enclosure $ 43,800 $ 43,800 City Facility Upgrades & Maintenance $ 130,000 $ 130,000 $ 260,000 Miscellaneous Roof Re lacement $ 150,000 $ 150,000 $ 300,000 1 1 280,000 S t TOTAL FY16-17 CIP $ 13,140,325 $ 25,433,665 $ 38,273,990 FY16 FY17 FY15-17 TOTAL C:\Users\shipletd\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\HIW4ND5C\040715 Review of FY14_15 Capital Improvement Projects Atch l.xlsx 4/l/2015 1:50 PM Equipment Replacement FY 16 1. Street - Replace #36 - 1995 White/GMC Dump Truck $175,000.00 2. Water - Replace #84A - 1971 Hobart Arc Welder $10,000.00 3. Water - Replace #106A - 1990 Ingersoll Rand 185 Air Compressor $17,500.00 4. Water - Replace 4198A - 1993 Ingersoll Rand 125 Air Compressor $17,500.00 5. Water - Replace #256A - 1995 Ingersoll Rand 125 Air Compressor $17,500.00 6. Fire - Replace #451 - Ford F-350 Brush Truck $110,000.00 • Includes $30,000 for new brush fire fighting equipment- Pump Water Tank, Storage Bins and Utility Bed. 7. Conservation - Repalce #494 - 2004 Ford Taurus $18,000.00 8. Electric - Replace 8T - 1972 Hogg-Davis Reel Trailer $42,000.00 9. Electric - Replace #39T - 1985 Multi Spool Reel Trailer $65,000.00 10. Wastewater - Replace #272 - Mechanical Rodder $120,000.00 11. Police - Replace #622 - Honda Motorcycle $29,000.00 • Includes $7,000 for setup including: lights, siren, radio and additional required equipment for police service. 12. Police - Replace #861 - Chevrolet Caprice $46,000.00 • Includes $15,000 for setup including: lights, siren, radio and additional equipment for police service. FY 16 Equipment Total: $667,500.00 FY 17 1. Water - Replace Generator 214G - 1994 Onan Generator $85,000.00 2. City Hall - Replace Generator 309G - 1996 Kohler Generator $85,000.00 3. Water - Replace #459 - 2003 Ford F-450 $56,000.00 • Includes $14,000 for a new utility bed. 4. Fire - Replace Ambulance #462 - 2003 Ambulance $225,000.00 5. Fire - Replace #517 - 2005 Ford Explorer $38,000.00 • Includes $15,000 for setup including: lights, siren, radio and additional equipment required for fire service. 6. Fire - Replace #518 - 2005 Ford Explorer $38,000.00 • Includes $15,000 for setup including: lights, siren, radio and additional equipment required for fire service. 7. Police - Replace #569 - 2007 Ford Escape Hybrid $10,000.00 • Includes $10,000 for setup including: lights, siren, radio and additional equipment for police service. 8. Police - Replace #883 - 2013 Chevrolet Caprice $47,000.00 • Includes $15,000 for setup including: lights, siren, radio and additional equipment for police service. 9. Police - Replace #884 - 2013 Chevrolet Caprice $47,000.00 • Includes $15,000 for setup including: lights, siren, radio and additional equipment for police service. FY 17 Total: $663,000.00 Total Equipment Purchases for Biennium 16/17 $19330,500.00 2015-17 CIP Estimates 2015117 Other Budget Parks CIP (grand Description Proposal F&B SDC EFB 2015 EFB loan) Totals Repair Concrete Bridge @ L h a Park Repair Enders Shelter @ Lithia Park - Repair Perozzi Fountain @ LJthia Park 75,000 75,000 - 75,000 ® Pave Clay Street Park Parking Lot Lithia Paris Restroom Replacement - - Lithia Park Asphalt 28,000 28,000 28,000 Triangle Park Cement - Lrthia Park Roofing - Hunter Park Roofing Senior Center Improvements - - Oak Knob Driving Range Netting 21,048 21,048 21,048 Daniel Meyer Pool-solar Panel Replacement 35,000 35,000 35,000 Daniel Meyer Pool Equipment Replacement ® Ice Rink Cover - - cart path RENAME • Oak Knoll Cart Path 120,000 120,000 120,000 Park Restroom Auto Lock Doors 22,162 22,162 22,162 Garfield Park Sand Volleyball Relocation 9,239 9,239 9,239 Sherwood Park Playground 19,120 - Hunter Park Playground 80,000 80,000 80,000 Hunter Park Asphalt overlay 40,000 40,000 40,000 Calle Guanajuato Improvements (Bond Repayment) 80,000 80,000 80,000 Ashland Creek Park Development - - RENAME • 340 S. Pioneer, Parks Office Upgrades 15,000 15,000 15,000 ® 2014 Golf Course Drainage - - RENAME • Garfield Park Water Play Replacement Shade and Play In 550,000 - 550,000 550,000 Sign Replacement Plan 25,000 25,000 25,000 Lower Clay Street Purchase 310,000 310,000 310,000 Lithia Park Master Plan 250,000 250,000 250,000 ®MOVE BALANCE TO 47 Oak Knoll Golf Course Greens Improvement - - Lithia Park Rehabilitation Project (Sand, etc) 55,052 20,000 35,052 55,052 Daniel Meyer Pool Bathhouse 35,000 35,000 35,000 Second Dog Park Construction 295,000 75,000. 220,000 295,000 ® Project Manager - - Land Acquisiticn 1,562,385 100,000 562,340 1 0I - , 1,662,385 Sub-total Carry over Projects 3,627,006 1,105,000 562,340 270,500 220,000 1,550,045 I 3,707,885 New - YMCA Park Improvements 5,000 5,000 5,000 Ashland Creek Park Phase II 35,000 35,000 35,000 Park Building Maintenance and Upgrades (Paint) 25,000 25,000 25,000 The Grove - Recreation Office Remodel 111,017 100,000 11,017 111,017 Winburn Sidewalk 250,000 250,000 250,000 Bicycle Skills Park and Track 22,917 22,917 22,917 Daniel Meyer Pool Bubble 46,950 46,950 46,950 Oak Knoll Playground 45,000 45,000 45,000 Trails and Open Space Comp Plan Update 120,000 20,000 19,120 39,120 Sub-total New Projects 660,884 254,867 45,000 30,137 250,000 580,004 Total 4,287,890 1,359,867 607,340 300,637 470,000 1,550,045 4,287,889 _ r RC'SOUfCES i- F EFB2014 EFB15 NEW15 NEW16 F&B 341,907 496,566 521,394 1,359,867 SDC 508,399 48,941 50,000 607,340 Critical Maintenance 300,636 300,636 EFB Trx 470,000 470,000 Grants/Loans 1,550,045 1,550,045 4,287,889 Electric Department BN 2013-2015 Projects Items Description Completed Oak Knoll substation Feeders Relocated City feeder control points to outside of Pacific Power substation and installed reclosers for City control of circuits. These capabilities provide faster outage diagnosis, quicker restoration and increased safety. SCADA Improvements Completed implementation of Supervisory Control and Data Acquisition (SCADA) on the primary distribution system. SCADA collects status information from the electric distribution system. The data is used to monitor the distribution system for issues and provides information for quicker, Replace Interstate 5 Feeder Crossing Replaced aging wooden poles with new wood and steal poles on the 1-5 crossing at East Main. Ensures the long term safety and reliability of the 1-5 crossing. Ensures the reliability and safety of this feeder. Reconductor Substation Feeder Tie Replaced key feeder line from the Ashland Substation to Main/ Hersey. Customers (including hospital, businesses and residents) benefit as the old feeder was approaching the limit of its ability to carry the amount of power being used. The new line ensures reliable electric service in the area served. Underground Cable Replacement (feeder) Replaced a section of aging underground feeder serving the downtown area, Oregon Shakespeare Festival, and City Hall. The replacement reduces the risk of long outages in the area served. The project will be completed early in the next budget cycle. Relocation of Pole Storage Yard Moved the Department's pole storage yard from temporary area near Ashland Substation to a permanent location by the airport. The project provides room for pole handling, yard management, and routine operations. Calle Guanajuato Electric Utility Upgrades Completed the redesign, relocation, removal, and construction of electric facilities to upgrade and conceal the electric infrastructure. Electric System Ten Year Planning Study (Plan) Completed the Ten Year Planning Study. The Plan provides an independent review of the state of the Electric Distribution System (System) and contains expert recommendations to enhance the reliable, safe and economical operation of the System. The study focuses on the design and ability of the System to deliver energy within the City of Ashland over the ten year planning Not Completed Upgrade Ashland Substation Replacement of reclosers and construction of new distribution buss delayed to next biennium pending further investigation and decision to locate within the existing Pacific Power substation or creation of a separate City owned substation location. BN 2015-2017 Capital Outlay - Internal Projects (CI P) Items Description BN 2015-2017 Planned Install New Services & Infrastructure Annual expenditures to build infrastructure to serve new commercial and residential developments. Includes transformers, switch cabinets, cable and related equipment necessary to serve new electrical loads $ 500,000.00 Electric Utility Upgrades Annual capital expenditures to repair, replace, modify, and maintain electric system $ 200,000.00 Supervisory Control and Data Acquisition (SCADA) Improvements Upgrades the security and reliability of substation SCADA connections. Adds sensors for additional equipment fault detection. Supports longterm reduction of outages and restoration $ 39,000.00 Business Feeder Rebuild- OSF/Downtown Second phase of two phase project. Completes rebuild of the deteriorating feeder serving the downtown, Bowman Theater and City Hall areas. $ 150,000.00 New Distribution Buss at Ashland Substation First phase of the redesign of the current deteriorating buss structure. Once completed, the new structure will greatly enhance the efficiency and safety of working on the equipment associated with this key buss structure. Construction will be completed in the next biennium. $ 75,000.00 Purchase of Mountain Ave Substation Engineering study to validate the advantages of, and provide a roadmap for, acquiring and further developing the substation. The purchase is planned for the next biennium. Recommended as a key acquisition for the City in the Department's Ten-Year Planning Study. $ 55,000.00 Mountain Ave and Ashland Substation Intertie First phase of project to build two intertie lines between Mountain Ave and Ashland substations. Increases reliability and decreases restoration time by allowing the substations to back each other up. Construction will be completed in the next biennium. $ 75,000.00 BN 2015-2017 Total $1,194,000.00 Telecom AFN (tern Summary Item Description FY 16 FY 17 Internet Project Headend equipment upgrade to improve network performance and reliability $150,000 0 Item Summary Total $150,000 $0 Item Details Item Descri tion FY 16 FY 17 Internet Project Juniper MX 80 Edge Router Equipment to significantly reduce unscheduled network interruptions $ 44,000 Juniper Fiber Core (EX4300 SFP) Headend equipment carrier class switch to increase speeds and improve network performance $ 33,000 RX 48 Headend equipment to quadruple upload speeds and increase channel bonding $ 5,000 Arris C4 32D Hot Swap Headend equipment to improve network downstream performance and reliability $ 14,000 Arris C4 24U Hot Swap Headend equipment to improve network upstream performance and reliability $ 12,000 BSR 64k Etherflex Circuit Headend equipment enables the doubling of available bandwidth resulting in increased speeds $ 5,000 Juniper Cooper Core (EX4300 CU) & Optics Upgrade Headend to carrier class equipment providing increased speeds and reliability $ 25,000 Customer CPE's prove network performance and reliability with ability to monitor circuit performance $ 12,000 Internet Project total $ 150,000 Item Detail Total $ 150,000 $ HBudget / CIP/ MFA CIP list to write narratives 4/2/201511:08 AM CITY OF ASHLAND Council Communication April 7, 2015, Business meeting Approval of Cooperative Improvement Agreement with ODOT Concerning Siskiyou Welcome Center and Rest Area FROM: Doug McGeary, Legal Department, legalcontractor@ashland.or.us SUMMARY At its February 17, 2015 meeting, the City Council approved a resolution restating conditions contained in Order 2011-June allowing extension of City water and sewer services to the Siskiyou Welcome Center and Rest Area facility ("SWCRA"), except that the resolution deleted a condition requiring completion of construction within four years. One of the conditions from Order 2011-June that was not altered was that ODOT and the City enter into an intergovernmental agreement ("IGA") "that ensures funding of construction and operation that is acceptable to the Mayor and Council." This agenda item is to present for Council consideration a recommended IGA intended to satisfy that remaining condition. BACKGROUND AND POLICY IMPLICATIONS: Please see enclosed memorandum of Doug McGeary and its exhibits. COUNCIL GOALS SUPPORTED: N/A. FISCAL IMPLICATIONS: All costs for extension of water and sewer services will be borne by ODOT. Revenue from the water and sewer charges to the SWCRA will be insignificant. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the intergovernmental agreement with ODOT. SUGGESTED MOTION: I move approval and authorize the City Administrator's signature of a Cooperative Improvement Agreement to Provide Water and Sewer Services to the Siskiyou Welcome Center and Rest Area. ATTACHMENTS: Memorandum from Doug McGeary (with Exhibits A & B) Recommended IGA Resolution 2015-03: http•//records.ashland.or.us/WebLink8/DoeView.aspx?id=112782&dbid=0; February 3, 2015 Minutes: http://www ashland or us/SIB/files/0203-2015 COUNCIL MIN.pdf February 17, 2015 Minutes: http://www.ashland.or.us/SIB/files/2015-0217 MIN.pdf Page 1 of I 1`, LEGAL DEPARTMENT Douglas McGeary Asst. City Attorney MEMORANDUM DT: 3/3012015 TO: Mayor and City Council Members City Administrator FR: Douglas M. McGeary, Legal: x-2105 RE: Welcome Center Agreement and State Proposed Revisions The Cooperative Improvement Agreement between the City of Ashland and the State of Oregon establishes construction and operations commitments underlying the City's provision of supply water and sewer services to the Siskiyou Welcome Center and Rest Area outside the southern edge of the City's boundary. At the February 17, 2015 meeting of the City Council, Council members expressed various concerns and suggestions, mainly about public safety and water conservation. Since no vote was taken on the IGA, the extent to which particular concerns or suggestions were supported by a majority of Council members was left uncertain. Accordingly, I prepared a first revised version of ODOT's initial draft of the IGA, inserting specific terms and conditions intended to reflect all of the substantive concerns and suggestions raised by Council members. That revised version of the IGA is attached as "Exhibit A." It served as a kind of City wish list, highlighting in yellow the issues the possible changes the City wanted to discuss with ODOT. After negotiations on the issues identified in Exhibit A, the Oregon Department of Justice attorney representing ODOT sent back a second revised version of the IGA reflecting IGA changes she and I were able to tentatively agree upon, but also identifying a few remaining issues to which ODOT could not agree. That second revised version of the IGA is presented in Exhibit B. It reflects compromises tentatively agreed to by both negotiating parties and identifies in yellow highlights the issues yet to be resolved. Overall, ODOT accepted most of the City's proposed changes to the [GA. But, serving as the City's representative, I also tentatively compromised on some issues. Some of the compromises concerned non-substantive; others concerned initial City suggestions LEGAL DEPARTMENT Tel: 541-488-5350 20 East Main Street Fax: 541-552-2092 Page 1 of 5 Ashland, Oregon 97520 LEGAL DEPARTMENT Douglas McGeary Asst. City Attorney that I ultimately concluded to be probably impractical or insignificant after learning more about the reasons underlying ODOT's position. Still other compromises to which I tentatively agreed concern matters the Council may well want to discuss directly with ODOT's representatives. The following discussion of revisions to IGA provisions proposed by the City identifies first the minor changes that the Council may want to be aware of but may not need to deliberate and then identifies the more substantial revisions that Council members are likely to want to focus on. MINOR CHANGES The tentative compromises that seem so minor or so indisputable as not require any further Council deliberation are summarized below, with citations to the section numbers shown in the "State Obligations" portion of Exhibit B: • Typographical errors and formatting changes. • More extensive background information in Recitals. • Section 3.4-The State is to maintain "potable" water usage records, but it will not provide an annual report on water usage, o Comment: This avoids redundancy, since the City will be metering water usage and will be the party that generates and retains such data. Irrigation water usage is for TID to manage; the City has no authority to intervene. • Section 4.2-State, instead of the tenant, will be responsible for facilitating WI-Fi service. State wants the ability to provide equivalent alternative service in the event Wi-Fi is rendered obsolete by advances in communication technology. • Section 5.1--- State will provide an entry code for access road entry from Crowson Road by emergency responders and police patrol vehicles - instead of "unfettered access." • Section 5.3- Requirement for the State to seek County land use approval to install an 8' fence instead of a 6' fence is deleted. o Comment: The current Jackson County land use approval requires the State to install a 6' natural colored fence. The fence is already installed. The last time the State sought to amend conditions in the County land use approval, it took 14 months and cost an additional $7,000. Seeking an additional 2 feet of fence height would subject the land use decision once again to appeal, at worst, causing a delay that could potentially put the State in violation of the terms of this Agreement. There is no evidence that an additional 2' would make an appreciable difference to someone intent on scaling a fence. LEGAL DEPARTMENT Tel: 541-488-5350 20 East Main Street Fax: 541-552-2092 Page 2 of 5 Ashland, Oregon 97520 LEGAL DEPARTMENT Douglas McGeary Asst. City Attorney • Section 5.4 Maintain "Dark Skies" standards consistent with the current Jackson County land use approval. o Comment: The City's "Dark Skies" standards ("minimizing light pollution from the site") are not appreciably distinguishable from the County's. • Section 5.6-Allow for smoking areas "located in areas away from the buildings that are safe from fire hazards" instead of the City's more general terms that would have provided for an undefined "fire secure" smoking areas. • Section 7-State qualified City's suggestion to adhere with the City's regulations on pesticides and herbicides by stating, "ODOT will comply with the Integrated Vegetation Statewide Management Plan and, where reasonably practical, State will comply with Ashland Municipal Code..." o Comment: ORS 634.655 requires state to follow an Integrated Vegetation Management Plan. ODOT has adopted its plan and will adhere to it. The ODOT plan is largely consistent with the principles in the Ashland Municipal Code. • Deletion of proposed State obligation to "install at least one charging station for electric vehicles." o Comment: Except for food and beverage vending machines, Federal law prohibits the State from engaging in market competition or commercial sales at rest areas. This provision extends to providing "electric fuel" in competition with fuels provided at gas stations. SUBSTANTIVE CHANGES The tentative compromises that seem consequential enough to merit possible Council discussion with ODOT's representatives are summarized below, with citations to the section numbers shown in the "State Obligations" portion of Exhibit B: • In the "Terms of Agreement," ODOT is committing to begin the Project at the earliest possible date and to complete, "the extension of water and sewer lines" within two (2) calendar years thereafter. City initially-proposed requiring the entire project to be completed within two calendar years, o The State concurs with the City's interest completing this project as soon as possible and is willing and able to make commitments regarding when, what and how the water and sewer is extended to the City's infrastructure. But the State will not predict a completion date of something as significant and multifaceted as when the entire project will be constructed and done. There are entities other than ODOT that can affect the design and timing of the project; ODOT is unwilling to once again commit to an arbitrary deadline not entirely within the State's ability to meet. LEGAL DEPARTMENT Tel: 541-488-5350 20 East Main Street Fax: 541-552-2092 Page 3 of 5 Ashland, Oregon 97520 LEGAL DEPARTMENT Douglas McGeary Asst. City Attorney • From what was previously a City-proposed Section 4.1, State removed language which required the City's consent for the State to assign the lease agreement for the Welcome Center. City also sought authority to enforce any lease with entities that operate the Welcome Center and authority to require third-party lessees to comply with the conditions and restrictions in City/ODOT Agreement. o Comment: The State says allowing the City to have such authority would impermissibly give the City the State's authority to enforce a State agreement. Moreover, adding other parties and obligations in this Agreement was not even contemplated in the present lease between the State and Travel Oregon and would be a material change to the lease agreement which even the State could not enforce. • From what was previously a City-proposed Section 4.2, State removed the proposed commitment to give the Ashland Chamber of Commerce and/or the Visitor's Convention bureau a prominent area that highlights tourism activities in Ashland. o This is a State facility, designed and paid for with state monies to display statewide tourist venues and attractions. State says it is prohibited from showing favoritism among locales or demonstrably boosting one destination over another. That said, tourism destinations in Ashland, Medford, and the rest of the Southern Oregon area will clearly be represented at the facility and will naturally benefit from increased awareness of local visitation opportunities resulting from having a striking Welcome Center at the northbound entrance to the Rogue Valley. • From what was previously a City-proposed Section 4.3, State removed the City's requirement that the Welcome Center be staffed at a minimum of 8 hours a day and replaced it with language that states, "When open to the public, the Welcome Center will be staffed." o ODOT says that operation of the Welcome Center portion of the facility will be assigned to Travel Oregon, which will ultimately rely upon paid staff to operate the facility. When to open and how best to staff the facility are subject to a number of substantial financial, budgetary, and operational considerations affected by legislative politics and the regional and national economic environment. It is impossible to predict such dynamics. Neither ODOT nor the tenant can responsibly make firm staffing commitments. • From what was previously a City-proposed Section 4.4, State removed a guarantee that the tenant, Oregon Travel, will have volunteers on hand to operate or help operate the Welcome Center, but does consent to a condition that the tenant will accommodate volunteers. LEGAL DEPARTMENT Tel: 541-488-5350 20 East Main Street Fax: 541-552-2092 Page 4 of 5 Ashland, Oregon 97520 LEGAL DEPARTMENT Douglas MoGeary Asst, City Attorney o To staff its welcome centers, Travel Oregon hires paid, experienced staff, generally from the area. The State cannot to agree to a condition that puts an obligation on its tenant to rely upon volunteers in any specific manner to fulfill operation obligations. The State, on the other hand, noted it was common for other welcome center facilities throughout the state to rely upon their respective local Chambers of Commerce and tourism organization volunteers to supplement staffing duties. Thus, the State was willing to risk adding language to accommodate those types of activities. • From what was previously a City-proposed Sections 4.5, State deleted a requirement to conduct background checks on Welcome Center employees. o The State says Travel Oregon does not have authority to conduct background checks except for (1) employees at the Port of Portland welcome center, where there is special authorization from the federal Homeland Security Administration; and (2) employees of 'temporary agencies" under contract with Travel Oregon. • From what was previously a City-proposed Section 6, State deleted the City's request to install a facility sprinkler system. The State further substituted a "'2'- inch water outlet" instead of the City's AFR suggestion for a "2 1/2-inch water outlet". o The line that exists there now is a 2-inch line, which AFR has already signed off as in compliance with standards. The State says the cost to extend pipe to service an interior sprinkler system would be $450,000. It is unclear if the pipes for the current request for water service could accommodate a sprinkler system. Building will be sited upon a concrete slab surrounded by the concrete terrace and parking lots. The building will be constructed of fire retardant materials. A 22,000 gallon water tank is nearby. LEGAL DEPARTMENT Tel: 541-488-5350 20 East Main Street Fax: 541-552-2092 Page 5 of 5 Ashland, Oregon 97520 Misc. Contracts and Agreements No. 28833 EXHIBIT "A" COOPERATIVE IMPROVEMENT AGREEMENT To Provide Water and Sewer Services to Siskiyou Welcome Center and Rest Area City of Ashland THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State;" and the CITY OF ASHLAND, acting by and through its elected officials, hereinafter referred to as "Agency," both herein referred to individually or collectively as "Party" or "Parties." RECITALS 1. Interstate 5 (Pacific Highway No. 1, 1-5), is a part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission (OTC). 2. By the authority granted in Oregon Revised Statutes (ORS) 190.110 366.572 and 366.576, State may enter into cooperative agreements with counties, cities and units of local governments for the performance of work on certain types of improvement projects With the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 3. State closed the former Siskiyou Welcome Center and Rest Area (SWCRA) in 1997. Jackson County approved the land use application to construct a replacement SWCRA and to permit the extension of water and sewer services to this facility, which is to be located at 1-5, Mile Point 12.5 near Crowson Road and just outside the Agency Urban Growth Boundary in Jackson County hereinafter referred to as "Site". 4. In 2011, Agency approved State's request to extend water and enhancement of sewer to the SWCRA facility with conditions. '5. Of those conditions in the Agency's 2011 decision, the relevant ones in this case were that: a. The State was to complete the development of the SWRCA in four years or June 21, 2015; and b. The State and the Agency were to draft and execute an intergovernmental agreement that ensures funding of construction and operation that is acceptable to the Mayor and Council of the City of Ashland. Page 1 Key No. 09436 09-04-13 AgencylState Agreement No. 28833 6. On February 17, 2015, the Agency agreed by resolution to waive the four year deadline to complete development of the SWRCA. The Agency, however, retained the requirement for an intergovernmental agreement to ensure funding of construction and operation that is acceptable to the Mayor and Council, which is represented by this Cooperative Improvement Agreement. Furthermore, this Agreement is intended to address under what conditions the Agency has authority to terminate water service to SWCRA. NOW THEREFORE, the facts being as stated in the foregoing Recitals, it is agreed by and between the Parties hereto that the following is of material essence to this Agreement: TERMS OF AGREEMENT 1. Under such authority, State and Agency agree State shall design and construct new water and sewer line services to the SWCRA facilities, hereinafter referred to as "Project." The Project includes extension of new potable-use water and enhancement of existing sewer service to the Site. Among other terms and conditions under State Obligations listed below, potable water provided by Agency will not be used for irrigation purposes on the Siskiyou Rest Area site. The location of the Project is approximately as shown on the sketch map attached hereto, marked Exhibit A, and by this reference made a part hereof. 2. The Project will be financed at an estimated cost of in state funds. The estimate for the total Project cost is subject to change. State shall be responsible for Project costs beyond the estimate. 3. This Agreement shall become effective on the date all required signatures are obtained and shall remain in effect for the purpose of ongoing maintenance and power responsibilities, in perpetuity. The Project shall begin construction at the earliest possible opportunity following the date of final execution of this Agreement by both Parties, and once begun, it shall be completed within two (2) calendar years. AGENCY OBLIGATIONS 1. Agency shall allow the extension and hook up of water service and sewer service to the SWCRA facility within two (2) weeks of request from State. 2. Agency shall invoice State for governmental use of water and sewer services extending outside of the Agency's city limits for the SWCRA facility. 3. All employers, including Agency, that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Employers Liability insurance with coverage limits of not less than $500,000 must be included. Agency shall ensure that each of its contractors complies with these requirements. Page 2 Key No. 09436 09-04-13 Agency/State Agreement No. 28833 4. Agency acknowledges and agrees that State, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Agency which are directly pertinent to the specific Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of six (6) years after final payment (or completion of Project if applicable.) Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by State. 5. Agency certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of Agency, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind Agency. 6. Agency's Project Manager for this Project is Dave Kanner, City Administrator, 20 East Main, Ashland, OR 97520, 541-488-6002, dave.kanne[@ashland.or.us, or assigned designee upon individual's absence. Agency shall notify the other Party in writing of any contact information changes during the term of this Agreement. STATE OBLIGATIONS 1. State shall pay all fees for governmental water and sewer rates for services extending outside of the Agency's city limits. State shall comply with Agency's water and sewer services ordinances and resolutions, including Agency system-wide orders or requests to condition and/or curtail customer water usage. 2. State shall be responsible for 100 percent of use of water and sewer service costs associated with the SWCRA. State shall require the Agency to send invoices directly to State. 3. State agrees to use Agency supplied water for potable purposes only and agrees State will not use Agency's supplied water for irrigation purposes. 3.1 Potable water volume use from the City of Ashland water system will not exceed an average of 200 cubic feet per day unless otherwise agreed. 3,2 State will observe and comply with findings, conclusions, and resulting decision of Jackson County Ordinance 2014-1 as supported by the Jackson County Planning Commission's recommendation as adopted as it relates to three year minimum irrigation water supply and replacement of landscape vegetation. 3.3 Where practical and in concert with Jackson County land use conditions of approval, State will design the site to maximize water conservation such as enlarging water storage capacity, installing water conservation fixtures, planting drought resistant landscape vegetation, and the use or recycling of gray water. 3.4 State will maintain all water usage records relating to this Agreement in an annual report. In addition, the State will maintain and cause its tenant to maintain any other Page 3 Key No. 09436 09-04-13 Agency/State Agreement No. 28833 records pertinent to this Agreement in such a manner as to clearly document State's performance hereunder. The State acknowledges and agrees that Agency and its duly authorized representatives shall have access to such records and to all other books, documents, electronic files, papers, plans and writings of the State and/or its tenant that are pertinent to this Agreement for the purpose of performing examinations and audits, and making excerpts and transcripts. 4. State will provide in any lease agreement of the Welcome Center, or in the case of the existing Cooperative Improvement Agreement No. 28940, to be amended to provide for:: 4.1 The tenant's consent for attornment (including the City of Ashland as a signing third-party with authority to enforce the terms of the lease), and that the tenant will be subject to all of the obligations of the State as it relates to water usage, conditions and restrictions in this Agreement; 4.2 The tenant will give the Ashland Chamber of Commerce and the Visitor Convention Bureau a prominent area that highlights tourismactivities in Ashland; 4.3 The tenant will staff the Welcome Center on average a minimum of 8 hours a day; 4.4 The tenant will accommodate volunteers to provide operational services; 45 The tenant will perform background checks on Welcome Center employees; 4.6 Tenant will enforce a "No Smoking" area outside fire secure smoking areas, and provide an adequate number of cigarette butt containers; 4.7 Tenant will provide a first aid station and a defibrillator; and 4.8 Tenant will provide Wi-F services and charging stations for electronic devices. 5. State shall ensure that the Siskiyou Welcome Center facility include space for an Oregon State Police work center. 5.1 State will provide Ashland Police Department and the Ashland Fire and Rescue Department unfettered emergency vehicle (which includes police patrol vehicles) access to the Site by means of the approved access road to the Site in addition to the freeway access for such purposes as to provide a physical presence to secure against criminal and other unlawful and nuisance activities, and for such purposes as to perform public safety, crime and fire fighting and prevention duties. (See Conditions of Approval, Item 11, LPR2007-00008, p. 43) 52 State will install closed circuit television cameras (CCTV) according to Conditions of Approval, Item 26 of LPR2007-00008, p. 45. 6.3 State will seek permission from Jackson County to allow eight (8) foot fencing as a measure for complying with Conditions of Approval Item 5, LPR2007-00008, p. 42. The fencing will include gating that is continuously locked to allow access only for authorized Page 4 Key No. 09436 09-04-13 Agency/State Agreement No. 28833 personnel and vendors operating the Welcome Center and emergency and law enforcement personnel. 5.4 State will utilize best practices to install adequate security lighting while minimizing light pollution from the site. 6. Where reasonably practical, State will fully design and install fire safety measures comprising the Welcome Center site and water system, which shall include, but not be limited to, building with fire resistant or non-combustible materials and roofing, facility sprinkler system, a minimum 2 '12" water outlet, firewise landscaping, defensible space guidelines and weed abatement protocols, fire secure smoking areas and signage. 7. Where reasonably practical, State will comply with Ashland Municipal Code Chapter 9.28 requirements for any application of pesticides, herbicides, and growth retardents on the SWCRA site. 8. State will install at least one charging station for electric vehicles. 9. State will comply with all terms, findings, and conditions or approval under the land use actions of Jackson County Ordinance that include 2009-7 together with 2011-9 and all adopted findings, conclusions, recommendations and conditions under LPR2007-00008, and 2014-1 with adopted finding, conclusions, recommendations and conditions under LPR2013-0045. 10. State certifies, at the time this Agreement is executed, that sufficient funds are available and authorized for expenditure to finance costs of this Agreement within State's current appropriation or limitation of the current biennial budget. 11. State, or its consultant, shall conduct the necessary field surveys, environmental studies, traffic investigations, preliminary engineering and design work required to produce and provide final plans, specifications and cost estimates for the Project; identify and obtain all required permits; perform all 'construction engineering, including all required materials testing and quality documentation; prepare all bid and contract documents; advertise for construction bid proposals; award all contracts; pay all contractor costs, provide technical inspection, project management services and other necessary functions for sole administration of the construction contract entered into for this Project. 12. State shall be responsible for all costs associated with construction and installation of the Project. 13. State shall cause to be relocated or reconstructed, all privately or publicly owned utility conduits, lines, poles, mains, pipes, and all other such facilities of every kind and nature where such relocation or reconstruction is made necessary by the plans of the Project. 14. State's Project Manager for this Project is Tim Fletcher, Project Manager, 100 Antelope Road, White City, OR' 97503, timothy.w.f.etcher(a--)odot.state.or.us, or assigned designee upon individual's absence. State shall notify the other Party in writing of any contact information changes during the term of this Agreement. Page 5 Key No. 09436 09-04-13 Agency/State Agreement No. 28833 GENERAL PROVISIONS 1. This Agreement may be terminated by mutual consent of both parties. 2. This Agreement may be terminated by either Party upon thirty (30) days' notice in writing and delivered by certified mail or in person, under, under any of the following conditions: a. If either Party fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If either Party fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize. C. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement, d. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or State is prohibited from paying for such work from the planned funding source. e. If State uses Agency supplied water for irrigation purposes or violates those conditions set forth in the respective Party's obligations dictated above. 3. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 4. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or Agency with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. 5. With respect to a Third Party Claim for which State is jointly liable with Agency (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Agency in such proportion as is appropriate to reflect the relative fault of State on the one hand and of Agency on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of Agency on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, Page 6 Key No. 09436 09-04-13 Agency/State Agreement No. 28833 including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding. 6. With respect to a Third Party Claim for which Agency is jointly liable with State (or would be if joined in the Third Party Claim), Agency shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of Agency on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of Agency on the one hand and of State on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. Agency's contribution amount in any instance is capped to the same extent it would have been capped under Oregon' law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. 7. The Parties shall attempt in good faith to resolve any dispute arising out of this Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation. 8. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either Party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. SEE NEXT PAGE FOR SIGNATURES Page 7 Key No. 09436 09-04-13 This Project is in the 2012-2015 Statewide Transportation Improvement Program, Key #09436 that was adopted by the Oregon Transportation Commission on March 21, 2012, (or subsequently approved by amendment to the STIP). CITY OF ASHLAND, by and through its elected STATE OF OREGON, by and through its officials Department of Transportation By By Region 3 Manager Date Date APPROVAL RECOMMENDED By By District Area Manager Date Date APPROVED AS TO FORM State Contact By Tim Fletcher, Project Manager Counsel Date 100 Antelope Road White City, OR 97503 Agency Contact 541-774-6356 Dave Kanner, City Administrator Timothy.W.Fletcher(cDodot.state. or.us 20 E. Main St. Ashland, OR 97520 541-488-6002 Dave. kanner ashland.or.us Page 8 Key No. 09436 09-04-13 EXHIBIT A - Project Location Map iu'l ,LJI{..'1 rl tfrr -?u.~ `rte',;-- I,',~::{ :f„>>}~~{'` Project Location - , • ..iii ~ ' `ti • { -,c. Ity 7i. r 'tii,i 4a. yS,Y_j' - ii• - dy •`ti.:,,'' .rl:-'.a. r..rLnA~$Ir •'S7~': , 1°~r. yr~ ~ ~ •r, ° ilrt . rrra-, :i~•i ~_r' :.t:~- ra~c:. - ;Vi ~ .r~ i.t s::'• :',~V,i`i; {i,l~r ! r z,+.'".W? spa?f2:IN, pl;;..-6;.' 7 Key No. 09436 09-04-13 Misc,-Contracts and Agreemen#s_, _ - - jE.1d Code Changed - - - No. 28833 Formatted: Undetiine EXHIBIT _-B " COOPERATIVE IMPROVEMENT AGREEMENT To Provide Water and Sewer Services to Siskiyou Welcome Center and Rest Area City of Ashland THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State;" and the CITY OF ASHLAND, acting by and through its elected officials, hereinafter referred to as "Agency," both herein referred to individually or collectively as "Party" or "Parties." RECITALS 1. Interstate 5 (Pacific Highway No. 1, 1-5), Is a part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission (OTC), 2. By the authority granted in Oregon Revised Statutes (ORS) 190.110 366.572 and 366,576• State may enter into cooperative agreements with counties, cities and units of local governments for the performance of work on certain types of improvement projects With the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 3. State closed the former Siskiyou Welcome Center and Rest Area (SWCRA) in 1997. Jackson County approved the land use application to construct a replacement SWCRA and to permit the extension of water and sewer services to this facility, which is to be located at 14-5, Mile Point 12.5 near Crowson Road and just outside the Agency Urban Growth Boundary in Jackson County hereinafter referred to as "Site". 4. In 2011, Agency approved State's request to extend water and enhancement of sewer to the SWCRA facility with conditions. 5. Of those conditions in the Agency's 2011 decision, the relevant ones in this. case were that, a. The State was to complete the development of the SWRRA in four years or June 21,2015; and b. The State and the Agency were to draft and execute an Intergovernmental agreement that ensures funding of construction and operation that Is acceptable to the Mayor and Council of the City of Ashland. Page 1 Key No. 09436 09-04-13 Agency/State Agreement No. 28833 6. On February 17, 2015, the Agency agreed by resolution to waive the four year deadline to complete development of the SWRCA. The Agency, however, retained the requirement for an intergovernmental agreement to ensure funding of construction and operation that Is acceptable to the Mayor and Council, which is represented by this Cooperative Improvement Agreement. Furthermore, this Agreement is intended to address under what conditions the Agency has authority to terminate water service to SWCRA, NOW THEREFORE, the facts being as stated in the foregoing Recitals, it is agreed by and between the Parties hereto that the following is of material essence to this Agreement: TERMS OF AGREEMENT 1. Under such authority, State and Agency agree State shall design and construct new water and sewer line services to the SWCRA facilities, hereinafter referred to as "Project" The Project is W_, Comment [aehll: Clarification Asludes extension of a new potable-use water fine and the enhancement of an existing sewer line sewise to the Site. Among other terms and conditions under Stale Obligations listed below, potable water provided by Agency will not be used for irrigation purposes on the Siskiyou Rest Area site. The location of the Project Is approximately as shown on the sketch map attached hereto, marked Exhibit A, and by this reference made a part hereof. 2. The Project will be financed at an estimated cost of3s48001000_in state funds. The Formatted: Hlahlbht estimate for the total Project cost is subject to change. State shall be responsibie for Project costs ' - Formatted: Highlight beyond the estimate. 3. This Agreement shall become effective on the date all required signatures are obtained and shall remain in effect for the purpose of ongoing operation and maintenance anA pewer _ comment (nefizl: improved lanBuasc. omr responsibilities, in perpetuity. The Project shall begin construction at the earliest possible °naer:,a v, the terms"operation"and opportunity following the date of final execution of this Agreement by both Parties, and once maintenance". begun, the extension of water and sewer lines it shall be completed within two (2) calendar years. AGENCY OBLIGATIONS 1. Agency shall allow the extension and hook up of water service and sewer service to the SWCRA facility within two (2) weeks of request from State. 2. Agency shall invoice State for governmental use of water and sewer services extending outside of the Agency's city limits for the SWCRA facility. 3. All employers, including Agency, that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Employers Liability Insurance with coverage limits of not less than $500,000 must be included. Agency shall ensure that each of its contractors complies with these requirements. Page 2 Key No. 09436 09.04.13 AgencylState Agreement No. 28833 4. Agency acknowledges and agrees that State, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Agency which are directly pertinent to the specific Agreement forthe purpose of making audit, examination, excerpts, and transcripts for a period of six (6) years after final payment (or completion of Project if applicable.) Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by State. 5. Agency certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of Agency, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind Agency. 6. Agency's Project Manager for this Project is Dave Kanner, City Administrator, 20 East Main, Ashland, OR 97520, 541-488-6002, dave. kanner0ashland.or.us, or assigned designee upon individual's absence. Agency shall notify the other Party in writing of any contact information changes during the term of this Agreement. STATE OBLIGATIONS 1. State shall pay all fees for governmental water and sewer rates for services extending outside of the Agency's city limits. State shall comply with Agency's water and sewer services ordinances and resolutions, Including Agency system-wide orders or requests to condition and/or curtail customer waxer usage. 2. State shall be responsible for 100 percent of use of water and sewer service costs associated with the SWCRA. State shall require the Agency to send invoices directly to State. 3. State agrees to use Agency supplied water for potable purposes.only and agrees State will not use Agency's supplied water for irrigation purposes. 31 Potable water volume use from the City of Ashland water system will not exceed an average of 200 cubic feet per day unless otherwise agreed. 3.2 State will observe and comply with findings, conclusions, and resulting decision of Jackson County Ordinance 2014-1 as supported by the Jackson County Planning Commission's recommendation as adopted as it relates to three year minimum irrigation water supply and replacement of landscape vegetation. 33 Where practical and in concert with Jackson County land use conditions of approval, State will design the site to maximize water conservation such as enlarging water storage capacity, installing water conservation fixtures, planting drought resistant landscape vegetation, and the use or recycling of gray water. 3.4 State will maintain all otable water usage records relating to this Agreement.4on_; - commenttbehs]i n5mar a iii necb«ro as annual-report. to addition, the State will maintain and cause its tenant to maintain any Page 3 Key No. 09436 09-04-13 Agency/State Agreement No. 28833 other records pertinent to this Agreement in such a manner as to clearly document State's performance hereunder. The State acknowledges and agrees that Agency and its duly authorized representatives shall have access to such records and to all other books, documents, electronic files, papers, plans and writings of the State and/or its tenant that are pertinent to this Agreement for the purpose of performing examinations and audits, and making excerpts and transcripts. 4. State will provide in any lease agreement of the Welcome Center, or in the case of the existing Cooperative Improvement Agreement No. 28940, to be amended to provide for: 4.1 Tie tena+at~conse+at feF altertament-{fnsltlding the-City ef-Ash! and-as a-signing Comn,ent[treha) no ew<enentben t#tiFd par#y with aut#lority to enferse cite #ers s ef#Me tease); arrd that thatenant wltl be sl~bjest to-alf onoT -J TO,, 11- 1<au and fending o the Ht311g2N6R6 8f X38 ;~~fe Lib it relates-to-wateF usage, cG ditif}n6 and FestH6tien6 in ~hi agree c d. it ku tp~siblctabringAshlandin. Y~i~re$I ant; Asldn r1 i3 i% c tho prevision;against Of~OT through thislGA tnxTrmidTO we willing to amend iln address sourneof 4.2 -The-- tenanl--WII"iye the--Alshland- Chamber-- - orrmer^Ge nd-4h "sRw the mncemsincludinBthaPioriaionsfor Wi-Pi charg nAst lion,ffistaidandderbriltatorand heaventier}~ttrea~ta-promirlerrt-area-that-highlights-teurismastiailiesan-Ashk-_----- ~,hh~r„ 4.3 When open to the public, the Welcome Center will be staffed. The-teriant witMta# Conin,not [her s)i nil, pr-i,lon hlnconflict with the rare misslon of Travel Oregon and COOT theAAWGom Center-on-averageaF}IInIF}7Hfn8f-~~a8 whoeachia,,atemdeinterest andcannot favor arm city o,,er the rest of the state. OAS 4. l.4 - The tenant will accommodate volunteers. -to-provide aperational-sewises' 1&4 111 TO ws, part of the sIting canmltteeto - ` - - - - - + + Irr_e:e the replefement rest areanvel<Onleuntec. s A key requlrema nt was to Iccsta the Welcome ~f-rd--Ttt8-tenant-W11-perform backgfround-GheGk6-or}-Wel6ome-CenteFMPIA~QdB~ - - center south cf D;t 14 so that Itc"Id showcase ,s , Oregon featureslnclWin~ Ashdind and Crater 4:6 Tonant will-enforce-a "AJ"meking=area-outside fire-sesare-smsk g 2r'eas, and 111%, 11 take. grovlde irate rulmber of 6garette butt 1sentainer& %n + a Con, meat[beh6):This isanopcrationalissucfor OTC. arOTC anticipatesthis Crnti operated ~f ~@n$nt Will prBVlde FSt~id 6t2lIBn~Hd deflt)rillatOf fanf~ t st in 1s 1s1Yelw+neCeners,entwiththcstatewtewide 3plern systrmof 4.2.8 Tenant will provide Wi-Fi services and public access to an electrical outlet or 1' j1 , +i1' Fornlatted:Il9hlght charging stations for handheld electronic devices. This provision may be altered to It Formatted: H jhli ht accommodate communication technology advances that occur over the duration of the ' t 1 e lease.- Comment [beh7): TO does not hale authority to prmide background checks. Federal Homeland + , Security taws authorize background checks for 5. State shall ensure that the Siskiyou Welcome Center facility include space for an Oregon employetsai U c ilertofronlandony. Where TO State Police work center. coral ac7s N i h 'r<n,poniry agcncia° ll can require ,1 lace. 5.1 State will provide Ashland Police Department and the Ashland Fire and Rescue 1 Department the entry gate access code to permit unfettered femergenc~_v_ehide_(which Comment [beh8)t State will take on this obligation Seetctow includes police patrol vehicles) access to the Site by means of the approved access road ' - to the Site in addition to the freeway access for such as to provide a h sical . comment[beh9)?staiesviutakeonmis Y purposes P Y obligation, Sctbetmv.: presence to secure against criminal and other unlawful and nuisance activities, and for Comment [behl0):Unclear ortherreaningort such purposes as to perform public safety, crime and fire fighting and prevention duties. 'unreltertdr~ Thegatewinbe locked toaddress (See Conditions of Approval, Item 11, LPR2007-00008, p. 43) conamsoftheneightwfiood. Thoactesscodewill be prodded to all law enforcement and emergency senices Page 4 Key No. 09436 09-04-13 Agency/State Agreement No. 28833 52 State will install closed circuit television cameras (CCTV) according to Conditions of Approval, Item 26 of LPR2007-00008, p, 45. i 5.3 Statawill sePlFpermission frartt Jackson ~eunty to-alfoweig#tl{8)-fepLfensing as a t~east+refer-secnplyir+gwilh-6sndilior+sofApprovat~temS,LRR2007-000024he1 comment(hehill:Jackson Covntyappr°tea fencing will include gating that is continuously locked to allow access only for authorized tireracihty with acondition for0$1Kfootfall f<ncc. A change to that condition roquires an amendment personnel and vendors operating the Welcome Center and emergency and law ODOT wilt through an amendment process to enforcement personnel. accommodate the City's change limiting the it-4er use for potable purposes only. natameodmenttook 5:4 State will utilize best practices to install adequate security lighting while maintains C f; ap c8 ogr~fs o(with . Thee ren Appeals) i staa]il a A Skies" standard consistent with Jackson County LPR 2007-00008 Condition it s c+lrr++a{ t ehn ewuld re aireenher r lac ngitormodiry ag peNtil+en ffe+tt the site. the Formatted; Left, Indent: Left: 0", Line rr spacing: Multiple 0.911 5.5 State will designate a "Smoking Area" in a designated outside area that is safe from comment[h0121: This language isconsistent fire hazards and provide an adequate number of cigarette butt containers. State wii[ wd go in theapproval ordinance. enforce a "No Smoking" policy In areas where Smoking is prohibited. §.6 A first aid kit and a defibrillator will be stored at the Welcome Center. 6. Where reasonably practical, State will fully design and install fire safety measures comprising the Welcome Center site andwater system, which shall include, but not be limited to, building with fire resistant or non combustible materials and roofing, tasihty spr+nklar ysterrt{; a__-- Comment[4013]; Co,u t't"A pipe to minimum 2-inch 2-'4" wate utle fire-wi se landscaping as roved by Jackson County, scmc_onini< rsprnll<rs}s(<miss45o,000. his ~ - unclerifthepr<a fr the currcnt r,gvest for water defensible space guidelines and weed abatement protocols, jre assure smoking areas located in_,', areas away from the buildings that are safe from fire hazards and si.9nage. a, Build il Cc 0,d, pon a -acreatealab ' The building lnlI to cautru `ctcd of It O retardant 7. ODOT will comply with the integrated Vegetation Statewide Management Plan " r its r materials. A220(><]g;ill~,aat<rt.nkienearby. wWhere reasonably practical, State will comply with Ashland Municipal Code Chapter 9.28~r rr t comment[beh14]iTnepipe size conveying the requirements for anyapplication ,ofpesticides, herbicides, and growth retardaentson theSWCRA ,'W s1'aterto the safety Rest Area itonly 2 alts. ! tr, - `brit Formatted: Highlight 8. State- will-iaetatl s tr Formatted: Not Highlight -aNeast eras-Charging-statien. far-e18Giras}~ehisted- r st Formatted: Not H011ght 0-fi. State will comply with all terms, findings, and conditions or approval under the land use r Comment [46151: ORS 634.655 requires state actions of Jackson County Ordinance that include 2009-7 together with 2011-9 and all adopted OwIIf°OTllohw as ad sadopied its Ian ditsplan and will andwillfadhe«nenlrfan adhere to it findings, conclusions, recommendations and conditions under LPR2007-00008, and 2014-1 with Many oftheprincipfasare consistentaiththe adopted finding, conclusions, recommendations and conditions under LPR2013-0005, principles in the Ashland btun 6pal code, Comment [behl6tt Eleculc eharging stattons 40.-9. State certifies, at the time this Agreement is executed, that sufficient funds are available are notailowedat testereas, Federal law gt rest grabs and and authorized for expenditure to finance coals of this Agreement within Staters current prohims welcome -commercial Theommercial Oregon activities' Constitution prohmnr appropriation or limitation of the current biennial budget. subsidizing fuel (paying for the electrkltV). -14-10. State, or its consultant, shall conduct the necessary field surveys, environmental studies, Page 6 Key No. 09436 09-04-13 Agency/State Agreement No. 28833 traffic investigations, preliminary engineering and design work required to produce and provide final plans, specifications and cost estimates for the Project; identify and obtain all required permits; perform all 'construction engineering, including all required materials testing and quality documentation; prepare all bid and contract documents; advertise for construction bid proposals; award all contracts; pay all contractor costs, provide technical inspection, project management services and other necessary functions for sole administration of the construction contract entered into for this Project. 4-)-.1 J. State shall be responsible for all costs associated with construction and installation of the Project. 43:12. State shall cause to be relocated or reconstructed, all privately or publicly owned utility conduits, lines, poles, mains, pipes, and all other such facilities of every kind and nature where such relocation or reconstruction is made necessary by the plans of the Project. 44.13. State's Project Manager for this Project is Tim Fletcher, Project Manager, 100 Antelope Road, White City, OR 97503, timothy.w.f,etcherRodot.state.or.us, or assigned designee upon individual's absence. State shall notify the other Party in writing of any contact information changes during the term of this Agreement. GENERAL PROVISIONS 1. This Agreement may be terminated by mutual consent of both parties. 2. This Agreement may be terminated by either Party upon thirty (30) days' notice in writing and delivered by certified mail or in person, under, under any of the following conditions: a. If either Party fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. , If either Party fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize. C. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement, d. If federal or state laws', regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or State is prohibited from paying for such work from the planned funding source, e. If State uses Agency supplied water for irrigation purposes or violates those conditions set forth in the respective Party's obligations dictated above. 3. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 4. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or Agency with respect to which the other Party may have liability, the notified Party must promptly notify the other Party In Page 6 Key No. 09436 09-04-13 Agency/State Agreement No. 28833 writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. 5. With respect to a Third Party Claim for which State is jointly liable with Agency (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Agency in such proportion as is appropriate to reflect the relative fault of State on the one hand and of Agency on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of Agency on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding. 6. With respect to a Third Party Claim for which Agency is jointly liable with State (or would be if joined in the Third Party Claim), Agency shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of Agency on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of Agency on the one hand and of State on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts, Agency's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. 7. The Parties shall attempt in good faith to resolve any dispute arising out of this Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation. 8. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. This Agreement and attached exhibits constitute the entire agreement between the Page 7 Key No. 09436 09-04-13 Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either Party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific Instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. SEE NEXT PAGE FOR SIGNATURES Page 8 Key No. 09436 09-04-13 This Project is in the 2012-2015 Statewide Transportation Improvement Program, Key #09436 that was adopted by the Oregon Transportation Commission on March 21, 2012, (or subsequently approved by amendment to the STIP). CITY OF ASHLAND, by and through its elected STATE OF OREGON, by and through its officials Department of Transportation By By Region 3 Manager Date Date APPROVAL RECOMMENDED By By District Area Manager Date Date APPROVED AS TO FORM State Contact By Tim Fletcher, Project Manager Counsel Date 100 Antelope Road White City, OR 97503 Agency Contact 541-774-6356 Dave Kanner, City Administrator Timothy.W.FletcheroOodot.state.or.us 20 E. Main St. Ashland, OR 97520 541-488-6002 Dave. kanner ashland.or.us Page 9 Key No. 09436 09.04-13 EXHIBIT A- Project Location Map Imp - zzs y;.. i' Project Location -r:F~ "j 491 r' ~,d r 1 NY, ',h T[fl........._".. ].t.::~5_.t~ i~ Jrj1a) - Y,; •;.r, S01thk)e 7.73;1'.•].jltilf}'_}_ uL - 7 Key No. 09436 09-04-13 Misc. Contracts and Agreements No, 28833 COOPERATIVE IMPROVEMENT AGREEMENT To Provide Water and Sewer Services to. Siskiyou Welcome Center and Rest Area City of Ashland THIS AGREEMENT is made and entered into by and between the STATE.OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State;" and the CITY OF ASHLAND, acting by and through its elected officials, hereinafter referred to as "Agency," both herein referred to individually or collectively as "Party" or "Parties." RECITALS 1. Interstate 5 (Pacific Highway No. 1, 1-5), is a part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission (OTC). 2. By the authority granted in Oregon Revised Statutes .(ORS) 190.110 366.572 and 366.576, State may enter into cooperative agreements with counties, cities and units of local governments for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 3. State closed the former Siskiyou Welcome Center and Rest Area (SWCRA) in 1997. Jackson County approved the land use application to construct a replacement SWCRA and to permit the extension of water and sewer services to this facility, which is to be located at 1-5, Mile Point 12.5 near Crowson Road and just outside the Agency Urban Growth Boundary in Jackson County hereinafter referred to as the "Site". 4. In 2011, Agency approved State's request to extend water and enhancement of sewer to the SWCRA facility with conditions. 5. Of those conditions in the Agency's 2011 decision, the relevant ones in this case were that: a. The State was to complete the development of the SWRCA in four years or June 21, 2015; and b. The State and the Agency were to draft and execute an intergovernmental agreement that ensures funding of construction and operation that is acceptable to the Mayor and Council of the City of Ashland. Page 1 Key No. 09436 09-04-13 Agency/State Agreement No. 28833 6. On February 17, 2015, the Agency agreed by resolution to waive the four year deadline to complete development of the SWRCA. The Agency, however, retained the requirement for an intergovernmental agreement to ensure funding of construction and operation that is acceptable to the Mayor and Council, which is represented by this Cooperative Improvement Agreement. Furthermore, this Agreement is intended to address under what conditions the Agency has authority to terminate water service to SWCRA. NOW THEREFORE, the facts being as stated in the foregoing Recitals, it is agreed by and between the Parties hereto that the following is of material essence to this Agreement: TERMS OF AGREEMENT 1. Under such authority, State and Agency agree State shall design and construct new water and sewer line services to the SWCRA facilities, hereinafter referred to as "Project." The Project is the extension of a new potable-use water line and the enhancement of an existing sewer line to the Site. Among other terms and conditions under State Obligations listed below, potable water provided by Agency will not be used for irrigation purposes on the Siskiyou Rest Area site. The location of the Project is approximately as shown on the sketch map attached hereto, marked Exhibit A, and by this reference made a part hereof. 2. The Project will be financed at an estimated cost of $300,000 in state funds. The estimate for the total Project cost is subject to change. State shall be responsible for Project costs beyond the estimate. 3. This Agreement shall become effective on the date all required signatures are obtained and shall remain in effect for the purpose of ongoing operation and maintenance responsibilities, in perpetuity. The Project shall begin construction at the earliest possible opportunity following the date of final execution of this Agreement by both Parties, and once begun, the extension of water and sewer lines shall be completed within two (2) calendar years. AGENCY OBLIGATIONS 1. Agency shall allow the extension and hook up of water service and sewer service to the SWCRA facility within two (2) weeks of request from State. 2. Agency shall invoice State for governmental use of water and sewer services extending outside of the Agency's city limits for the SWCRA facility. 3. All employers, including Agency, that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Employers Liability insurance with coverage limits of not less than $500,000 must be included. Agency shall ensure that each of its contractors complies with these requirements. Page 2 Key No. 09436 09-04-13 Agency/State Agreement No. 28833 4. . Agency acknowledges and agrees that State, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Agency which are directly pertinent to the specific Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of six (6) years after final payment (or completion of Project if applicable.) Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by State. 5. Agency certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of Agency, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind Agency. 6. Agency's Project Manager for this Project is Dave Kanner, City Administrator, 20 Past Main, Ashland, OR 97520, 541-488-6002, dave.kanneKa7ashland. or,us, or assigned designee upon individual's absence. Agency shall notify the other Party in writing of any contact information changes during the term of this Agreement. STATE OBLIGATIONS 1. State shall pay all fees for governmental water and sewer rates for services extending outside of the Agency's city limits. State shall comply with Agency's water and sewer services ordinances and resolutions, including Agency system-wide orders or requests to condition and/or curtail customer water usage. 2. State shall be responsible for 100 percent of use of water and sewer service costs associated with the SWCRA. State shall require the Agency to send invoices directly to State. 3. State agrees to use Agency supplied water for potable purposes only and agrees State will not use Agency's supplied water for irrigation purposes. 3.1 Potable water volume use from the City of Ashland water system will not exceed an average of 200 cubic feet per day unless otherwise agreed. 3.2 State will observe and comply with findings, conclusions, and resulting decision of Jackson County Ordinance 2014-1 as supported by the Jackson County Planning Commission's recommendation as adopted as it relates to three year minimum irrigation water supply and replacement of landscape vegetation. 3.3 Where practical and in concert with Jackson County land use conditions of approval, State will design the site to maximize water conservation such as enlarging water storage capacity, installing water conservation fixtures, planting drought resistant landscape vegetation, and the use or recycling of gray water. 3.4 State will maintain all potable water usage records relating to this Agreement. In addition, the State will maintain and cause its tenant to maintain any other records Page 3 Key No. 09436 09-04-13 Agency/State Agreement No. 28833 pertinent to this Agreement in such a manner as to clearly document State's performance hereunder. The State acknowledges and agrees that Agency and its duly authorized representatives shall have access to such records and to all other books, documents, electronic files, papers, plans and writings of the State and/or its tenant that are pertinent to this Agreement for the purpose of performing examinations and audits, and making excerpts and transcripts. 4. State will provide in any lease agreement of the Welcome Center, or in the case of the existing Cooperative Improvement Agreement No. 28940, to be amended to provide for., 4.1 When open to the public, the Welcome Center will be staffed. 4.2. The tenant will accommodate volunteers. 4.3. Tenant will provide Wi-Fi services and public access to an electrical outlet or charging station for handheld electronic devices. This provision may be altered to accommodate communication technology advances that occur over the duration of the lease. 5. State shall ensure that the Siskiyou Welcome Center facility include space for an Oregon State Police work center. 5..1 State will provide Ashland Police Department and the Ashland Fire and Rescue Department the entry gate access code to permit emergency vehicle (which includes police patrol vehicles) access to the Site by means of the approved access road to the Site in addition to the freeway access for such purposes as to provide a physical presence to secure against criminal and other unlawful and nuisance activities, and for such purposes as to perform public safety, crime and fire fighting and prevention duties. (See Conditions of Approval, Item 11, LPR2007-00008, p. 43) 5.2 State will install closed circuit television cameras (CCTV) according to Conditions of Approval, Item 26 of LPR2007-00008, p. 45. 5.3 The fencing will include gating that is continuously locked to allow access only for authorized personnel and vendors operating the Welcome Center and emergency and law enforcement personnel. 5.4 State will utilize best practices to install adequate security lighting while maintaining "Dark Skies" standard consistent with Jackson County LPR 2007-00008 Condition 10. 5.5 State will designate a "Smoking Area" in a designated outside area that is safe from. fire hazards and provide an adequate number of cigarette butt containers. State will enforce a "No Smoking" policy in areas where Smoking is prohibited. 5.6 A first aid kit and a defibrillator will be stored at the Welcome Center. Page 4 Key No. 09436 09-04-13 Agency/State Agreement No. 28833 6. Where reasonably practical, State will fully design and install fire safety measures comprising the Welcome Center site and water system, which shall include, but not be limited to, building with fire resistant or non-combustible materials and roofing, a minimum 2-inch water outlet, firewise landscaping as approved by Jackson County, defensible space guidelines and weed abatement protocols, smoking areas located in areas away from the buildings that are safe from fire hazards and signage. 7. ODOT will comply with the Integrated Vegetation Statewide Management Plan and where reasonably practical, State will comply with Ashland Municipal Code Chapter 9.28 requirements for any application of pesticides, herbicides, and growth retardants on the SWCRA site. 8. State will comply with all terms, findings, and conditions or approval under the land use actions of Jackson County Ordinance that include 2009-7 together with 2011-9 and all adopted findings, conclusions, recommendations and conditions under LPR2007-00008, and 2014-1 with adopted finding, conclusions, recommendations and conditions under LPR2013-0005. 9. State certifies, at the time this Agreement is executed, that sufficient funds are available and authorized for expenditure to finance costs of this Agreement within State's current appropriation or limitation of the current biennial budget. 10. State, or its consultant, shall conduct the necessary field surveys, environmental studies, traffic investigations, preliminary engineering and design work required to produce and provide final plans, specifications and cost estimates for the Project; identify and obtain all required permits; perform all 'construction engineering, including all required materials testing and quality documentation; prepare all bid and contract documents; advertise for construction bid proposals; award all contracts; pay all contractor costs, provide technical inspection, project management services and other necessary functions for sole administration of the construction contract entered into for this Project. 11. State shall be responsible for all costs associated with construction and installation of the Project. 12. State shall cause to be relocated or reconstructed, all privately or publicly owned utility conduits, lines, poles, mains, pipes, and all other such facilities of every kind and nature where such relocation or reconstruction is made necessary by the plans of the Project. 13. State's Project Manager for this Project is Tim Fletcher, Project Manager, 100 Antelope Road, White City, OR 97503, timothy.w.f.etcher@odot.state. or.us, or assigned designee upon individual's absence. State shall notify the other Party in writing of any contact information changes during the term of this Agreement. Page 5 Key No. 09436 09-04-13 Agency/State Agreement No. 28833 GENERAL PROVISIONS 1. This Agreement may be terminated by mutual consent of both parties. 2. This Agreement may be terminated by either Party upon thirty (30) days' notice in writing and delivered by certified mail or in person, under, under any of the following conditions: a. If either Party fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If either Party fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize. C. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. d. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or State is prohibited from paying for such work from the planned funding source. e. If State uses Agency supplied water for irrigation purposes or violates those conditions set forth in the respective obligations dictated above. 3. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 4. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or Agency with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement-of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. 5. With respect to a Third Party Claim for which State is jointly liable with Agency (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Agency in such proportion as is appropriate to reflect the relative fault of State on the one hand and of Agency on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of Agency on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, Page 6 Key No. 09436 09-04-13 Agency/State Agreement No. 28833 including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding. 6. With respect to a Third Party Claim for which Agency is jointly liable with State (or would be if joined in the Third Party Claim), Agency shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of Agency on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of Agency on the one hand and of State on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge,, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. Agency's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. 7. The Parties shall attempt in good faith to resolve any dispute arising out of this Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation. 8. This Agreement may be executed in, several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either Party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. SEE NEXT PAGE FOR SIGNATURES Page 7 Key No. 09436 09-04-13 This Project is in the 2012-2015 Statewide Transportation Improvement Program, Key #09436 that was adopted by the Oregon Transportation Commission on March 21, 2012, (or subsequently approved by amendment to the STIP). CITY OF ASHLAND, by and through its elected STATE OF OREGON, by and through its officials Department of Transportation By By Region 3 Manager Date Date APPROVAL RECOMMENDED By By District Area Manager Date Date APPROVED AS TO FORM State Contact By Tim Fletcher, Project Manager Counsel Date 100 Antelope Road White City, OR 97503 Agency Contact 541-774-6356 Dave Kanner, City Administrator Timothy.W.Fletcher()odot.state. or.us 20 E. Main St. Ashland, OR 97520 541-4886002 Dave. kanner ashland.or.us Page 8 Key No. 09436 09-04-13 EXHIBIT A - Project Location Map c, itsti I 1 AY. ~•1. •'I••:~;• ..yam , _ .V~f~ i )t.~.: /S'r • i ~~i''• • ' -•.4~rv1!1-tKell 99 ~~,~~ottilfiYfi-r••!'r; .r_,~id::•rn , •-.~1,- . Project Location ;h.•• I.`i, .w1.T "'i'~1,~.'. ~.,-i~S• iT}•..~~F13~.~1t~ AA. _ a:5 ~•i. fir.:°.1:+ _ r. ;'`ti T~:'~'1 : • ti. '..;i`~l tu'•3`t.''dr;%c~~: - i o'w~• • 't.4 f • y - ~ i' ~ i •.,t~f, 3 ~ . LlS ~y "•f't n~ 'vit.l -.L:. ;w. {•~•'S'~;•. '.c-., ci;5 ~ :ti'•.t:' :,A. 2,4\•'' ~ -i7t_ ~ ~7 ..~_f:3_~J`~11vri.'~. 7 Key No. 09436 09-04-13 RESOLUTION NO. 2015- 6 3 A RESOLUTION OF THE CITY COUNCIL APPROVING AN OREGON DEPARTMENT OF TRANSPORTATION REQUEST TO THE CITY OF ASHLAND TO EXTEND WATER AND SEWER SERVICE TO THE SISKIYOU WELCOME CENTER AND REST AREA FACILITY LOCATED OUTSIDE THE CITY LIMITS OF ASHLAND AND REPEALING PORTIONS OF ORDER NO. 2011-JUNE RECITALS: A. The Ashland City Council on June 21, 2011, having been fully advised by the record of hearings, facts and conclusions of the City of Ashland Planning Commission, by City Staff, the Oregon Department of Transportation (ODOT) and having heard public testimony related to ODOT's proposed development of the Siskiyou Welcome Center and Rest Area (SWCRA), adopted an order approving the extension of City water and sewer service to the S WCRA; B. The Order approved by the City Council, subsequently titled "Order 2011-June," concluded the following: 1. The City of Ashland Charter and the City of Ashland Resolution 97-27 permit water connection to governmental facilities outside the city limit; 2. ODOT must obtain State Planning Goal 3, 9, and 11 approvals before City will extend sewer and water facilities to service the development; 3. Prior to any construction or development of the SWCRA, staff of the City Public Works will draft an intergovernmental agreement between ODOT and the City that ensures funding of construction and operation that is acceptable to the Mayor and Council; and 4. The presence and use of and information distributed by the Siskiyou Welcome Center and Rest Area is likely of benefit to the City of Ashland's tourism economy and surrounding areas and to all those who travel to and visit the City via Interstate 5. 5. If developed and operated according to designs and/or conditions agreed to by ODOT and Travel Oregon, negative impacts, if any, to surrounding neighborhoods can be managed in order to address its presence and those visiting and leaving the facility. Therefore, extending service of potable water (not to be used for irrigation) and sewer (utilizing an existing sewer line fixture) is in the interest of and benefit to the City of Ashland. b. The City approves ODOT's application to extend water and sewer service to SWCRA contingent on (a) the Welcome Center being built; (b) water provided by the City may not be used for irrigation; (c) there must be adequate funding for maintenance and staffing of the SWCRA; and (d) the SWCRA must be completed by June 21, 2015. C. ODOT now has adequate funding for construction, maintenance and staffing of the SWCRA; has obtained all required land use approvals; and has committed to and developed plans consistent with use of City water only for non-irrigation purposes. An intergovernmental Page 1 of 2 agreement between the City and ODOT is presented for City Council consideration along with this resolution. D. ODOT will be unable to complete the SWCRA within the four-year limit imposed by Order 2011-June due to unanticipated delays in obtaining land use approvals for the SWCRA. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The determinations in Recital B, above, are hereby adopted by the City of Ashland, except that the deadline for project completion set forth in Recital B(6)(d) is hereby revoked. SECTION 2. Order 2011-June is hereby. repealed as to Section B.1 through 6 of this Resolution, and except as modified above, the Order shall remain in full force and effect, This resolution was duly PASSED and ADOPTED this 17 day of 7V b ~ o-l , 2015, and takes ect upon signing b the Mayor. B ara Christensen, City Recorder. SIGNED and APPROVED this day of 2015. J Stromberg, Mayor Reviewed as to form: D as . Weary, sst. Ci Attorney Ashland City Council Meeting February 3, 2015 Page 1 of 8 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL February 3, 2015 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, Seffinger, Rosenthal, and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced the City was accepting applications for annual appointments to the various Commissions and Committees. The deadline for applications was March 20, 2015. City Recorder Barbara Christensen added there were two vacancies on the Budget Committee as well. Mayor Stromberg moved agenda item #1. Continued discussion of proposed ordinance updates, under X. Unfinished Business after XI1.Ordinances, Resolutions, and Contracts. Mayor went on to explain the Police Chief would provide an update on the case involving a local teenager that had runaway. APPROVAL OF MINUTES The minutes of the Executive Session of January 20, 2015 and Business Meeting of January 20, 2015 were approved as presented. SPECIAL PRESENTATIONS & AWARDS Brad Christ, CIO for Southern Oregon University (SOU) and Adrienne DeDona from Jeanne Lawson Associates QLA) submitted documents into the record and presented on the SOU Cogeneration Project. Mr. Christ explained two of the four steam boilers at SOU were at the end of their lifecycle. Through a grant from the USDA, SOU researched alternative options that included biomass as a viable option for a cogeneration project. Biomass cogeneration would provide steam and electricity to offset what the university currently used. SOU hired public outreach firm JLA to gather community feedback on biomass and the project in general. JLA conducted a survey on the SOU Cogeneration website, received 113 responses with 65% supporting the biomass option. A phone survey of approximately 300 residents approved using biomass 63%. SOU would consider public input, make a determination to ask the legislature for funding the cogeneration project, and decide whether to use biomass or natural gas. The biomass cogeneration facility would be located in the maintenance yard adjacent to McNeal Hall. SOU would store 48 hours of biomass material in an enclosed silo at the yard. SOU discussed possibly using mitigation with people opposing the project. They would use the best available at the time pollution control equipment, would meet all Department of Environmental Quality (DEQ) standards, and do the best they could to remove particulates acid ensure good air quality. The primary reason people supported the biomass option was it supported the local forest economy. The secondary reason was it supported SOU's carbon reduction targets. Emissions from trucks transporting the material to SOU and the harvesting were included in the emissions calculation. John Fisher-Smith/945 Oak Street/Shared his background as an architect and his experience with big projects. The public input portion of the study was somewhat insincere. SOU used the $250,000 grant primarily to validate whether a biomass plant would work for SOU. The project would cost $12,000,000 and he equated it to hiring an elephant because the bi-products would heat the campus. Air quality was Ashland City Council Meeting February 3, 2015 Page 2 of 8 the key. Using biomass slash was not sustainable. Burning carbon created a lot of carbon dioxide (C02). Police update on local teenage runaway. Police Chief Terry Holderness shared information that the teen intended to runaway. He clarified what her father suspected was blood in the car was actually dirt. There were several sightings and possible changes to the teenager's appearance. The Ashland Police Department had received tremendous cooperation from California agencies including the Department of Justice. California had approximately 200,000 juvenile homeless runaways that would make it more difficult to locate the teen. Another issue was Ashland Detectives were sure the teenager's friends were withholding information. Currently there was no evidence of a crime committed. PUBLIC FORUM Scott Green/Spoke regarding police harassment in the community and the honesty of police officers. Caleb LaPlante//405 NE 7th Street, Grants Pass/Represented ACT (Abolish Child Trafficking) . Southern Oregon. He addressed the January Child Trafficking Awareness Month proclamation read at the January 20, 2015 meeting and provided additional information regarding underage sex trafficking in Oregon and local communities. He submitted documents into the record and briefly described events and programs that helped to deter child sex trafficking. Sharre Whitson/503 Airport Road, Medford/Explained she was the executive director of Redemption Ridge and spoke further on child sex trafficking and what it meant for Jackson County. Social media played a key role. Perpetrators transported girls down the 1-5 corridor and moved thetas frequently. Last year in the state of Oregon alone there were 200-300 reported incidences of child sex trafficking. She worked with 10 victims locally in 2014. Nationwide, approximately 100,000 children were victimized through sex trafficking. Redemption Ridge served the families and victims in the community and was in the process of setting up a safe home. Huelz Gutcheon/2253 Hwy 99/Referred to testimony he provided during Public Forum at the January 6, 2015 meeting regarding his suggestion for the Ashland Renewable Energy Acquisition Department as a replacement for the Planning Department. The department would consist of three divisions, expedited solar panel installation, home energy upgrades, and zero net energy destinations. The City would hire an experienced energy performance manager, ten local and specialized carpenters, someone to handle the financial side and another two employees to replace the current Energy Conservation Division and described how. Upgrading all the homes in Ashland would reduce structural energy needs 40%. CONSENT AGENDA 1. Resolution titled, "A resolution authorizing signatures, including facsimile signatures for banking services on behalf of the City of Ashland" 2. Liquor license application for MarIane Balcoinb dba ABC Kitchen 3. Annual report from Rogue Valley Community Television Councilor Marsh pulled Consent Agenda item #3 for discussion. PEG (Public Education, Government) Access Coordinator Brandon Givens explained defending, changes in services, additional programs, and software upgrades were some of the reasons costs increased for public access television. Management Analyst Ann Seltzer added part of the federal cornrnunications tax restricted the amount and use of franchise fees along with the use of PEG fees. The City paid approximately $48,000 annually in PEG fees with the remaining $7,000-$8,000 supplemented from the General Fund. Councilor Rosenthal/Marsh m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. Ashland City Council Meeting February 3, 2015 Page 3 of 8 PUBLIC HEARINGS (None) NEW AND NUSCELLANEOUS BUSINESS (None) ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Approval of a resolution titled, "A resolution of the City Council approving an Oregon Department of Transportation request to the City of Ashland to extend water and sewer service to the Siskiyou Welcome Center and Rest Area facility located outside the city limits of Ashland and repealing Order No. 2011-June," and approval of an intergovernmental agreement with ODOT for the provision of water and sewer service to the Siskiyou Welcome Center and Rest Area. City Attorney Dave Lohman excused himself from the discussion to ensure no conflict of interest due to his position on the State of Oregon Transportation Commission. Assistant City Attorney Doug McGeary explained his background regarding the issue. City Administrator Dave Kanner provided the history on the Welcome Center and Rest Area project. The project was outside city limits, the City was extending water and sewer to make tiie development possible and not granting development approval. Oregon Department of Transportation (ODOT) Area Manager Art Anderson explained they were requesting an extension on the 2011 order from the City regarding water and sewer connections for the Welcome Center and Rest Area. The original Rest Area closed in the late 1990s after a series of accidents one resulting in a fatality. The Federal Highway Administration had requested ODOT replace the facility as soon as possible. An extensive land use process delayed the project for a couple of years during which ODOT was unable to get the appropriate permits from Jackson County. ODOT agreed to numerous issues and concerns during the planning process and through discussions with Ashland. One concern raised was security. The Welcome Center would provide a station for the Oregon State Police and a permanent parking place. This would be the first of its kind in Oregon. Oregon Administrative Rules (OARs) allowed ODOT to police rest areas as well. The other safety concern was trucks parking near recreational vehicles at the facility. ODOT had established a separate rest area for trucks only at the point of entry that eliminated truck drivers using the new Welcome Center and Rest Area. The facility would have a parameter fence with a fenced access road off Crowson Road for people working at the Welcome Center and Rest Area. ODOT would set up security cameras so people working at the Welcome Center could monitor activity. The facility would have low flow toilets and sinks. Additionally, ODOT had purchased irrigation rights from the Talent Irrigation District (TfD). ODOT Project Manager Tim Fletcher explained when ODOT purchased the property it came with water rights to the Dunn Ditch. Per the purchase agreement ODOT recently transferred the water right back to the owner. The property had a pipe system that connected neighboring properties to the Dunn Ditch for flood irrigation. ODOT extended the pipes to the parameter of the property and the ditch to intersect with an irrigation junction structure that would provide ODOT access to TID water instead of the Dunn Ditch water right. TID would release additional flow into Tolman Creek whenever ODOT's turn came in the rotation. The water would go into a 20,000-gallon tank underground for ODOT to use as needed. The TID water right entitled ODOT to more water than they would use. A drip irrigation system would water the landscape at the Welcome Center. Ramp, grading, and parking construction would occur summer 2015. The second phase was building the facilities and developing the landscape. A contractor would maintain the landscape for three years. Jeff Hampton, vice president of Operations for the Oregon Tourism Commission Travel Oregon addressed the Welcome Center and explained the Oregon Tourism Commission operated Welcome Centers at entry points to the state. Ashland City Council Meeting February 3, 2015 Page 4 of 8 Councilor Rosenthal disclosed Council received a letter of support from the City of Medford and that lie worked for the City of Medford. The City Attorney determined there was neither conflict of interest nor a predisposed bias. Mr. Hampton addressed hours of operation and explained Travel Oregon intended to operate the Welcome Center during the high season, April through September, seven days a week from 9:00 a.m. to 5:00 p.m., and possibly the same during winter. Council expressed concern that ODOT's use of TID water right might interfere with the City's TID water right. Staff clarified intake of TID water for city use was downstream from the Welcome Center site. Property owners past the intake had lost water from City the year before. Public Works Director Mike Faught explained TID had a curtailment system for distributing water if the flow was lower. The City had sufficient waters rights through agreements with TAP (Talent Ashland Phoenix) intertie and TID. Mr. Anderson did not think ODOT would use pesticides on the landscape and would have to contact the maintenance department. Mr. Hampton noted the Welcome Center would have wifi and serve as an information hub for travelers. Mr. Fletcher explained they would use bladders at the far reaches of the project near Crowson Road to water that landscape. The majority of the area would be on a drip system. Maintaining the bladders would be in the landscape contract. TID determined the water rotations and when they shut the water off, the Welcome Center and Rest Area would be no different from the rest of the valley. The plants used in the landscape were drought tolerant and native to the area. Assistant City Attorney Doug McGeary clarified the question before Council was whether to extend the agreement to provide water and sewer to ODOT for the Welcome Center and Rest Area. Where and how ODOT obtained non-city water for irrigation was not an issue of concern for Council. Discussing the value of having the facility was not an issue either since that was already decided. Mayor Stromberg further clarified the issue of whether people would be there or not was germane to the discussion. However, it was not clear whether ODOT using pesticides or their ability to water their plants was directly relevant. Mr. Hampton anticipated 100,000 travelers accessing the Welcome Center and Rest Area annually based on previous visit numbers. Volunteer groups would have the opportunity to provide coffee services and that would add additional people to tine site. Mr. Anderson added the Travel Oregon planned to staff the Welcome Center year round although staff numbers would vary. ODOT maintenance personnel, contracted landscapers, and cleaners would provide a presence at the facility as -,veil. In the event of a fire at the facility Jackson County Fire District would respond. Tile underground storage could also use as a water source if necessary. Councilor Voisin expressed concerns that ODOT would use potable water to water the landscape in the event of severe drought and the potential threat of fire.due to smokers at the Welcome Center and Rest Area. Mr. Anderson reiterated ODOT would not use potable water from the City for irrigation purposes. Although smoking was prohibited at all state facilities he recognized the need to research designating an area for smokers. Councilor Voisin asked if ODOT had received their water rights from TID yet and when. Mr. Fletcher explained ODOT acquired TID water rights for the Welcome Center and Rest Area the same time they acquired them for Exit 14 approximately two years ago. Mr. Fletcher would forward a copy to Councilor Voisin. Ashland City Council Meeting February 3, 2015 Page 5 of 8 Councilor Voisin addressed the estimate ODOT provided on gallons of water per day and questioned why there was no provision for water usage during drought or curtailment in the agreement. Mr. Anderson responded ODOT would adhere to any City curtailment regulations and could add that to the agreement with the City if Council thought it helpful. Councilor Voisin asked how ODOT arrived at the 1,400 gallons of water per day estimate. Mr. Fletcher explained ODOT hired a specific architect who designed these types of facilities and they took projected use and calculated water usage based on sinks, toilets, urinals, and low flow. Mr. Fletcher would forward the calculations to Councilor Voisin. Allen Walters/775 St. Andrews/Worked for ODOT for 29 years in the Siskiyou Mountain area outside of Ashland. He wanted Council to be aware there were transcripts on record stating the danger of putting the Rest Area in that location. If the Rest Area were built, someone would be killed again. If Council took away the water, it would not happen, period. If Council wanted that on their conscious along with Jackson County and ODOT, that was OK. They needed to know it would happen again. Sandra Slattery/110 E Main Street/Explained she was the Executive Director of the Ashland Chamber of Commerce. Both the Chamber and Ashland Visitor and Convention Bureau (VCB) were involved with the Welcome Center and Rest Area since the Rest Area was removed from the old Siskiyou site in 1995. Over the years they worked closely with Travel Oregon and elected officials to ensure there was funding for the building and operations of the Welcome Center year round seven days a week. The Chamber had never supported a standalone rest area in the past and would withdraw support if that were the case. They also supported enhanced security measures. The Chamber and VCB supported a Welcome Center managed and maintained as a year round staffed operation with all the necessary security measures in place. Stephen Stolzer/1120 Oak Knoll Drive/Was not sure how Council could extend the agreement after hearing from the presenters. He listed the questions not answered. No one would be there at night and that was his biggest concern. There were only two state police officers between California border and Grants Pass. He had concern for his neighborhood, the safety of his family, lighting, and smoking at the facility, and accused ODOT of not being prepared for the meeting. He wanted Council to consider the risks to his neighborhood. He did not want people sleeping on the road near his neighborhood. Allen Baker/955 Walker Avenue/Did not think the Welcome Center and Rest Area was a good idea. When Jackson County approved the project the County Commissioners wanted the City of Ashland to have the final say since it was adjacent to their community. The project did not make sense and no one was willing to admit it. Doug and Becky Neuman offered to put a Welcome Center at Ashland Hills, and that [made better sense. Senator Alan Bates did not support the project and thought it was too costly and unneeded. Another concern was retaliation from ODOT if the project was not approved. Ginny Porter/1033 Oak Knoll/Asked Council to deny the extension. This was a negative investment for Oregon and was an insane idea. Anyone who thought it made sense did not know the facts or wanted to please some external entity. It was an absolute death trap and numerous deaths would happen. This was a multimillion-dollar dinosaur with costly overheard that would be ongoing. Ashland had a lot at stake. Council had the power to avoid a colossal mistake for the community. Alex Sol/761 Salishan Court/Explained he got his travel information using his cell phone. The notion that somehow people would magically stop at this Welcome Center and boost the economy because it was there in the middle of a residential community was madness. Transients would park there at night and have a clear path to homes in the Oak Knoll neighborhood. When he traveled he intentionally avoided Rest Areas because they were dirty, smelled bad, attracted crime and homeless people. He was incredulous the City would allow a rest area so close to Ashland. Rest Areas held a threat of accidents, Ashland City Council Meeting February 3, 2015 Page 6 of 8 attracted criminals, murders, sexual assaults and was upset Council would bring that to the community. Sue Lawrence/518 Crowson Road/Shared a newspaper article about the drought and could not understand how the City would give away this water. The current drought situation could be the new normal. Once Council made that decision they could never take it back. Mt. Ashland had no snow pack. She lived across from the Rest Area. She used Tolman Creek for irrigation and often it ran dry. She thought ODOT would use all the irrigation water and deplete the supply. Council was elected by the people of Ashland and needed to serve the people and not give their water away. This was a bad choice and she did not want it in her backyard. Steve Lawrence/518 Crowson Road/Attended the Jackson County planning meeting when ODOT received TID water rights. ODOT purchased them from Arrowhead Ranch at the Phoenix interchange. This was on the wrong side of the valley and not the same ditch. His questioned how ODOT would drip irrigation lawns. His had safety concerns. They had many vagrants and homeless people wandering in the Crowson Mill site, this would attract even more. The fence was on the east side and his property was exposed. Someone should be at the Welcome Center at night seven days a week. Jeanette Larson/1042 Oak Knoll/Explained as a therapist she worked with drug addiction and shared concern drug trafficking would increase once the Welcome Center and Rest Area was built. Using rest areas to purchase drugs was an easy way to obtain them. Another constituency was sex trafficking at the facility. Teenagers would find their way to the Rest Area and suggested Council send the facility to another location. Sharon Miranda/488 Crowson Road/Lived the closest to the Welcome Center and Rest Area and it would affect her greatly. The community needed time to process the information and she hoped Council would extend the meeting. There was no guarantee spending would increase in Ashland. People who stopped at the rest area to use the bathroom would not stop in Ashland. The community near the facility would be impacted very negatively. If something went wrong she wondered who would she sue, the state or the City of Ashland because Council refused to take into consideration the impact on local residents. They heard earlier in the meeting about hundreds of cases of sex trafficking in Oregon, the facility provided another way for that to happen. She expressed concern for Tolman Creek, the wetlands, potential washouts and floods and requested a current environmental impact study. Jerry Stein/806 Cypress Point Loop/Provided additional history on the Welcome Center and Rest Area. It was a good idea 16 years ago but not now. People accessed information about local services through their phones and laptops eliminating the need to stop at a Welcome Center. Instead of going to the Rest Area to use the bathroom travelers could drive an extra mile to Exit 14 where there were plenty of opportunities to use a restroom. He pointed out other bathroom options over a sixteen-mile stretch on the interstate. It was ludicrous to think a rest area was needed at that location. Lois Langlois/815 Cypress Point Loop/Attended meetings regarding this project over the last seven years. Ashland was in a drought situation and this was a good opportunity for Council to reconsider if it was a wise decision four years ago to offer Ashland's water to an external agency. The community near the Welcome Center site wanted the same quality of life others in Ashland had. Council was their last resort to protect their values and quality of life as Ashland citizens. They were counting on Council to do the right thing. Mayor Stromberg clarified the decision before Council was whether to extend water and sewer services to the proposed facility. Council had the ability to propose modifications to the agreement with ODOT, Mr. McGeary further clarified the decision to extend water was made and the choice now was whether to waive the four year requirement in the June 2011 order. He suggested adding the following language to Ashland City Council Meeting February 3, 2015 Page 7 of 8 the resolution under Section 2 "As to Section B 1-5 of this resolution, and except as modified by Section 1 above, the order shall remain in full force and effect." Councilor Voisin/Seffinger m/s to not approve the Resolution. Councilor Lemhouse raised a point of order to ask by not approving the resolution Council could change the agreement already made or deny the request to change the agreement. Mr. McGeary clarified Council could add other conditions to the resolution. DISCUSSION: Councilor Voisin did not want an extension to the agreement because there were many safety issues that were not addressed. Water was a huge issue for her. She also had not seen any financial figures or background on how the facility would be financed and ongoing maintenance. Councilor Seffinger was concerned about the drought and TID water in the future, safety, and how the residents felt. Mr. McGeary explained Council had given public notice to change the time on the extension and had not given public notice about changing the agreement and reconsidered his previous response. Council could not make changes unless they wanted another meeting. It would involve reviewing criteria in Resolution 1997-27 that allowed water outside city limits and he did not have that information for this meeting. Councilor Voisin raised a point of order, expressed concern regarding the Assistant City Attorney's comments, and questioned why the motion was no longer valid. Mayor Stromberg clarified Councilor Voisin's point of order intended to challenge the Assistant City Attorney's ability to invalidate the motion. Mr. McGeary responded the motion was valid but discussion regarding the criteria was outside the notice of the meeting and therefore not appropriate. Councilor Voisin changed her explanation and disagreed with any extension. Mayor Stromberg indicated that Councilor Voisin did not have the floor. Mr. McGeary further clarified Council could discuss irrigation in a separate motion. Councilor Seffinger revised her statement and commented ODOT should not receive the extension because their time was over. Councilor Lemhouse had not supported the agreement in the past. The City had not violated the agreement and the appeals done by the citizens were within their right. He was not compelled to support the agreement at this time. Councilor Morris thought it was bad policy to vote for the motion. In land use process, timeline extensions occurred often. In this case many of the appeals against the project were unfounded. He would not support the motion. It set precedence that anytime someone did not like something, he or she could start fruitlessly appealing until the clock ran out. Alternately, all the other criteria in the resolution still applied and voting against the resolution would vote down that criteria. Councilor Marsh reviewed the video of the meeting that determined the four-year timeline. It was a last minute addition and an effort to ensure the applicant did due diligence moving forward. She observed ODOT was moving forward diligently whether or not the public liked the project. ODOT had obtained approvals, were in the process of beginning construction, and had staffed the Welcome Center. The four years was not predicated on anything but a good idea at the last minute. Councilor Rosenthal/Morris m/s to lay the matter on the table. City Recorder Barbara Christensen indicated it was 10:30 and the meeting was now over. Motions on the table at this point were dead. The matter would automatically continue to the next meeting without the motions Council had made. Ashland City Council Meeting February 3, 2015 Page 8 of 8 2. First reading by title only of an ordinance titled, "An ordinance establishing guidelines for film and media productions and repealing AMC 6.36" Item delayed due to time constraints. UNFINISHED BUSINESS 1. Continued discussion of proposed ordinance updates Item delayed due to time constraints. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS ADJOURNMENT OF BUSINESS MEETING Meeting was adjourned at 10:30 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor Ashland City Council Meeting February 17, 2015 Page I of 8 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL February 17, 2015 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, Seffinger, Rosenthal, and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced the City was accepting applications for annual appointments to the various Commissions and Committees. The deadline for applications was March 20, 2015. There were two vacancies on the Budget Committee as well. APPROVAL OF MINUTES The minutes of the Study Session of February 2, 2015, the Business Meeting of February 3, 2015, and the Joint Meeting with the Parks Commission of February 11, 2015 were approved as presented. SPECIAL PRESENTATIONS & AWARDS 1. Semi-annual update from the Ashland Community Resource Center David Mulig, director of Support Services for ACCESS and Leigh Madsen the manager for the Ashland Community and Resource Center (ACRC) provided the update on ACRC, a collaborative effort from ACCESS and Options for Homeless Residents of Ashland (OHRA). To date, ACRC used $55,529.72 of the $100,000 provided by the City of Ashland. ACRC raised and received grants for an additional $20,000 and several organizations and agencies contributed over $13,500 in services to the Center. Mr. Madsen explained the Center served 600 individuals over the past year, 350 were homeless. ACRC housed 29 families. He shared three client stories that demonstrated the unique ways the Center helped community members over the past year. Next steps included a second year budget revision and fundraising. Grants enabled ACRC to hire Mr. Madsen as a full time employee that would extend Center hours. Other grants would contribute to the jobs program. Mr. Madsen addressed transition housing and explained housing in Ashland was incredibly unaffordable and often failed to meet the reasonable standard set by the federal government. He thought it would take a consortium that included the Housing Authority of Jackson County, ACCESS, and other agencies to look at what it would take to have units in Ashland that people could afford. Mr. Mulig added ACCESS did have a housing department and owned and managed affordable housing throughout Jackson County. ACRC provided services to housed families that included vouchers for clothing and vehicle repair, and rent assistance. One issue was making housed families that were struggling aware of the Center and services available to them. The Center held a Fall Fest event specifically marketed to homed families struggling to keep their homes that was very successful and planned another event for spring. PUBLIC FORUM Huelz Gutcheon/2253 Hwy 991Added to testimony he gave at the January 6, 2015 and February 3, 2015 Public Forums regarding the proposed Ashland Renewable Energy Acquisition Department consisting of three de-carbonizing divisions, City Policy Procurement Generators, a Home Energy Upgrade Program, and the Structural Body Community Center. The Structural Body Community Center will have the best zero net Ashland City Council Meeting February 17, 2015 Page 2 of 8 energy generation design to construct a mixed-use retail shop downtown with a solar roof. He explained the shop would have an interior display cutaway of the R70 wall assembly, and a functional model of the automatic window coverings. An animation of the solar roof voltage switching options for space heating, electric vehicle charging, or both and views of the utility room tracing the air to water heat pump in various water tank heat tank battery mode and real time see-through fresh air heat recovery ventilator showing air movement through transfer channels which can be adjusted. The floors above would be overnight accommodations. The roof would have various attic configurations on display as well. He referred people to view a video on YouTube titled Structural Wattage for more information. Global warming solutions were here and everyone needed to learn them quickly. CONSENT AGENDA 1. Minutes from boards, commissions, and committees 2. Request for approval of AFG SAFER Grant application through the Department of Homeland Security Councilor Morris/Rosentltal m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS None UNFINISHED BUSINESS 1. Approval of a resolution titled, "A resolution of the City Council approving an Oregon Department of Transportation request to the City of Ashland to extend water and sewer service to the Siskiyou Welcome Center and Rest Area facility located outside the city limits of Ashland and repealing Order No. 2011-June," and approval of an intergovernmental agreement with ODOT for the provision of water and sewer service to the Siskiyou Welcome Center and Rest Area Mayor Stromberg explained at the end of the last meeting time ran out during deliberation on a motion regarding the Welcome Center and Rest Area. The item continued to this meeting and the motions under consideration fell to the floor and were no longer a part of the agenda item. City Administrator Dave Kanner explained Ashland was not the land use approval agency in this matter. Jackson County was the approving agency and had already granted land use approval to the project. The approval went through multiple appeals and survived them all. The decision before Council was not to approve or disapprove the land use. The City of Ashland agreed in 2011 to extend water and sewer service to the Welcome Center and Rest Area with a contingency the project completion occurred within four years. The question before Council was whether to lift that contingency. If the Council decided to lift the contingency, the Oregon Department of Transportation (ODOT) needed to negotiate an intergovernmental agreement (IGA) with the City. Council could seek to include assurances about many of the issues raised at the February 3, 2015 meeting in the IGA including security, landscaping, and staffing. If Council decided not to lift the four-year completion contingency or reject the negotiated IGA, the City would not extend water to the project. That would not necessarily stop the project. It meant ODOT upper management would have two options. One, they could identify another source of water and build the Rest Area possibly with or without a Welcome Center. That would require them to seek a modification of their conditions of approval from Jackson County that could lead to a new round of appeals and delays. The second option, ODOT could abandon the notion of replacing the closed Rest Area altogether and face whatever consequences the Federal Highway Administration (FHWA) might impose, assuming the FHWA would allow ODOT to do that. The possibility of moving the Rest Area to a different location meant ODOT would write off $2,000,000 already vested in the project. Council could discuss whatever it wanted to discuss but the City adopted criteria upon which it relied to determine whether to allow water connections outside city limits. Straying beyond those criteria as a basis Ashland City Council Meeting February 17, 2015 Page 3 of 8 for a vote on the matter would be legally problematic. Many issues raised during the February 3, 2015 meeting were best addressed during the IGA negotiations. However, if Council voted not to lift the four-year contingency, the IGA and discussion of what might be included in an IGA was moot. Councilor Voisin questioned why there was no public input when there was new information regarding the reason why ODOT failed to meet the four-year requirement. Citizens had responded to the new information claiming there were delays directly related to ODOT not just citizens delaying a process. Assistant City Attorney Doug McGeary clarified it was Council's prerogative to determine the scope of the discussion. The Mayor could allow people who had testified earlier to speak on a fact they had knowledge of regarding the resolution and not stray from that topic. Councilor Rosenthal noted the timeline in question was part of the February 3, 2015 meeting packet at which point people had the opportunity to comment during the public testimony period. Councilor Voisin responded Council comments during that meeting were slightly off target and should have focused on that chronology. Mayor Stromberg ruled that people who spoke at the February 3, 2015 could speak to the timeline. No one was interested in speaking to the timeline. ODOT Project Manager Tim Fletcher explained ODOT was in the process of completing the design for the site civil piece that would address parking lots and ramps. The second phase-would include the buildings. They wanted to bid the project for the site civil piece June 2015. The contractor would decide which building to build first. ODOT already had sewer rights from the previous rest area located at milepost 10 established in 1975 that extended to Exit 14. ODOT would use that line with the new facility. They had Talent Irrigation District (TID) water rights for irrigating the landscape as well. ODOT Area Manager Art Anderson addressed what might happen if ODOT did not build the Siskiyou Welcome Center and Rest Area. ODOT received finding through federal and state gas tax dollars. The original Rest Area was well used but in a bad location. The FHWA looked at Rest Area locations in terns of passenger safety and attempted to space them 30-60 miles apart. There was a significant need for a Rest Area in that location and the FHWA could withhold federal interstate maintenance funds from ODOT if they did not comply. The FHWA did not take into account businesses as potential Rest Areas and looked to independent facilities to fulfill those needs. Councilor Lemhouse expressed concern regarding the FHWA's ability to withhold funds as a punishment for not complying on projects. Mr. Anderson clarified the federal government had expectations of the individual states like mandatory interstate maintenance and used funding appropriately for compliance. The federal government had the authority to direct state transportation departments regarding maintaining and operating the interstates. ODOT would have to use state dollars to maintain the interstate fully instead of using federal funds in the event the FHWA withheld federal dollars for non-compliance. If the City did not extend water and sewer rights for the Welcome Center and Rest Area, ODOT would research options. The federal government mandated Rest Areas and ODOT could end up building one without a Welcome Center. He confirmed ODOT did not staff Rest Areas other than cleaning and garbage. Oregon Travel Experience maintained Rest Areas throughout the state. Rest Areas every 30-60 miles was a guide established by the American Association of State Highway and Transportation Officials (AASHTO), The site civil project would take approximately nine months and the buildings another 10 months depending on weather. Both projects would overlap. Assistant City Attorney Doug McGeary confirmed ODOT had the infrastructure to obtain sewer and would require a renewal of the permit. Public Works Director Mike Faught added in 2011, staff determined the City would allow ODOT to reconnect to the sewer system since they had the previous connection. He confirmed the City had the capacity to extend water and sewer to ODOT. The amount was equivalent to 3.7 homes. The Water Master Plan annual population growth forecasted an increase of 561 with an actual increase of 217. The Plan also anticipated more droughts in the future. The City's capacity to provide water to this facility had not changed. If the IGA had a 100-year term, the City would provide no more than 1,400 Ashland City Council Meeting February 17, 2015 Page 4 of S gallons of water per day. That amount would not change over time. Councilor Marsh/Rosenthal m/s to approve Resolution 2015-03. DISCUSSION: Councilor Marsh spent that last two weeks reviewing some of the thousands of pages of testimony regarding this issue on file in Jackson County. Four years ago, Council set forth findings based on criteria for approving the extension of sewer and water to this site. Council needed to determine if the criteria was still valid and if so, were there grounds for extending, suspending, or amending the four-year deadline. The conditions were still valid. ODOT complied and met the criteria. Mr. (aught confirmed the City still had the capacity to extend sewer and water to the site. She did not see any grounds in the criteria for not extending. She watched the video from the 2011 meeting establishing the four-year limit. Council added the four-year deadline to the motion at the last minute to keep ODOT diligent. Over the past four years, the project had moved forward. She suggested adding a new deadline for a one-year extension for the start of the project. Councilor Rosenthal explained Council did not have the ability to prevent construction of a building. Faced with the prospect an unsupervised Rest Area or a supervised Welcome Center and Rest Area the latter was the safest option. The best approach was negotiating the IGA. Councilor Morris would support the motion. Given the constraints Council had to operate, this was the only motion to make. The ODOT Rest Area would happen either way. Councilor Seffinger felt for the community and the safest vote for the community was supporting the motion and ensuring safety measures in the IGA. It was far safer than a facility with no supervision at all. Councilor Lemluouse was against the project for six years and thought the tourist and economic benefits were exaggerated. There would be negative impact on Ashland with this project. He could not recall a single issue so unanimously rejected by so much of the community and felt the community was ignored by the county, state, and federal governments. The City of Ashland did not violate the agreement. He thought the same issue with the federal government would come back during the IGA. He would vote against the motion. Councilor Voisin would also vote against the motion. ODOT had four years to complete the project, and did not. The four-year limit was seriously set, Council knew what they were doing, and ODOT did not do their due diligence. She rejected the argument the delays were caused by the citizens appealing the project. The citizens expressed their serious concern per their rights. Mayor Stromberg added Council was aware of the public's concerns and took them seriously. Extending the water and sewer would allow the City to negotiate the IGA. If negotiations failed the City would not supply water. Roll Call Vote: Councilor Marsh, Rosenthal, Morris, and Seffinger, YES; Councilor Voisin and. Lemliouse, NO. Motion passed 4-2. Council suggested a Study Session to discuss the IGA and wanted the following elements considered in the IGA: • Perimeter fencing • Site security: surveillance, fencing, crime deterrents, consistent presence at the site, police presence N Crowson service road gated and fenced • Amount of staff at the Welcome Center • Water curtailment • Maintain landscape and facility appearance • Background checks on personnel • Pesticide use on grass - no Roundup • Fire retardant roofing material on the buildings • Establish a process to monitor 1,400 gallons of water per day with penalties for exceeding usage • Monitor City water to ensure it is not used for irrigation • Build the Welcome Center before the Rest Area or at the same time • Water not supplied until construction for the Welcome Center is complete • Establish a two-year dead line to complete construction instead of 10 years Ashland City Council Meeting February 17, 2015 Page 5 of 8 • Annual reports from the Public Works Department on water and irrigation usage • Ensure there are accommodations for volunteers or community groups to provide coffee • If ODOT transfers maintenance responsibility to Oregon Travel Experience, they adhere to the IGA • Explore the possibility of providing City water for a fire prevention sprinkler system • Include the mutual right to terminate the agreement • Provide a first aid station and a defibrillator • Prohibit smoking within 20-feet of the site and provide cigarette butt containers • Give the Ashland Chamber of Commerce and the Visitor Convention Bureau a prominent area that highlights tourism activities in Ashland • Provide charging stations for electric cars • Provide wifi Staff would work with ODOT on what suggestions were viable and bring that information for Council to discuss at a Study Session. Council would submit additional suggestions to staff. The IGA would eventually go before a regular Council meeting for public input and further discussion. NEW AND MISCELLANEOUS BUSINESS 1. Information on hanging flower baskets Management Analyst Ann Seltzer explained staff identified twenty-eight light poles in the downtown along Main Street and Lithia Way for approximately 56 flower baskets. The maintenance cost for each basket through Four Seasons Nursery was $300-$330 per basket for a total of $15,000418,000. If the City purchased the brackets, it would reduce overall costs by $50 per basket, If Four Seasons Nursery provided the brackets, they would own them and remove them if the City discontinued the service. Four Season Nursery would plant cascading petunias, water them daily, and deadhead, trim and fertilize them every week. The brackets would fit on utility poles if the City decided to expand. The recommended height of the basket was 12-15 feet. The program ran from early May through October. Maintenance cost $1.23 per basket and approximately $68 daily for all 56 baskets for a monthly cost o $2,000 and $12,300 of the total $18,000 for the program. Initiating the program then discontinuing would cost $5,600. City Administrator Dave Kanner commented the $18,000 for the program would be an intermediate procurement. Councilor Marsh added the Chamber of Commerce, and Barry and Katharine Thalden were interested in collaborating with the City with the Chamber of Commerce willing to fundraise for the cost of the flowers. The Thalden's were willing to pay for one third of the cost for the first year, leaving the City with only one third to pay. The City could use Transient Occupancy Tax (TOT) money, purchase the brackets, and transfer the balance from General Fund revenues. She addressed the drought and noted using 300 gallons of water a day for the baskets was a focused use of water and a way to make a tremendous impact on the downtown in a constrained way. Councilor Seffinger questioned why the flower choice was petunias, whether they would be multi colored, and if the City considered using polymers in the soil. Ms. Seltzer responded the City did not choose petunias this was what Four Seasons Nursery provided through their program. She would find out if they used polymers in the pots. Mr. Kanner added the baskets in Central Point last summer were multiple colors. Councilor Seffinger thought mixed flowers presented a prettier image. Ms. Seltzer clarified if the City purchased brackets the City was responsible for installation. Councilor Lemhouse/Marsh mis that Council direct staff to move forward on hanging flower baskets project. DISCUSSION: Councilor Lemhouse thought beautifying the downtown was vital to Ashland's economic and livability interests. The cost was not high and the plan Councilor Marsh shared mitigated costs for the first year. Councilor Marsh thought after the first year local businesses could get involved and help sustain the program over time. Councilor Morris thought it was a good program and expressed concern Ashland City Council Meeting February 17, 2015 Page 6of8 the program would incur unseen costs. Voice Vote: all AYES. Motion passed. 2. 6'h Quarterly Financial Report of the 2013-2015 Biennium Administrative Services/Finance Director Lee Tuneberg explained the report covered the sixth quarter ending December 31, 2014. The City was in full compliance with the resolutions that established appropriations. The SDC Water Project showed an over expenditure and there were adequate funds in the Contingency to transfer and resolve the appropriation level. The City utilized $1,000 of the Contingency. Staff would request adjustments from Council if needed. Mr. Kanner addressed the difference in Intergovernmental Revenues budgeted for $10,400,000 with a year to date of $4,000,000. Grant funds were budgeted in the Capital Improvement Plan (CIP) for particular projects. If the grants did not come in, the revenue did not show in the statement but the money was still budgeted. If the grant came in, the City had the appropriation authority in the CIP to spend it. Councilor Rosenthal/Voisin m/s to accept the sixth quarter financial report for the 2013-2015 biennium. DISCUSSION: Councilor Marsh commented staff needed to get this information to the Budget Committee before it came to Council so the Committee could provide input to Council. Mr. Tuneberg responded that was the intention. However, the report was written the week before and due to workloads and staff absences they were unable to send it earlier. Voice Vote: all AYES. Motion passed ORDINANCES. RESOLUTIONS AND CONTRACTS 1. First reading by title only of an ordinance titled, "An ordinance establishing guidelines for film and media productions and repealing AMC 6.36" Management Analyst Ann Seltzer explained the proposed ordinance would require a permit only for filmmakers that needed exclusive use of public property. This approach eliminated the need to exempt types of film production. The ordinance addressed two primary points, mandatory requirements for all filmmakers regardless of whether a permit was required, and permit requirements. Ms. Seltzer noted that Southern Oregon Film and Media (SOFAM) helped establish the guidelines. SOFAM helped filmmakers vet their project prior to moving into the regulatory process if needed. Councilor Lemhouse/Morris m/s to approve First Reading of an Ordinance titled, "An ordinance establishing guidelines for film and media productions and repealing AMC 6.36." DISCUSSION: Councilor Lemhouse thought the ordinance addressed his concerns of being overly regulatory and directed people to the right places and permits if needed. Roll Call Vote: Councilor Marsh, Seftinger, Voisin, Lemhouse, Rosenthal, and Morris, YES. Motion passed. 2. Approval of a resolution titled, "A resolution of the City Council of the City of Ashland allocating anticipated revenues from the transient occupancy tax for the biennium 2015-2017 budget and repealing resolution 2013-15" Administrative Services/Finance Director Lee Tuneberg explained the resolution went along with the allocation and format identified in fiscal year 2012 and 2013 for the biennium. Council could estimate the proceeds from the Transient Occupancy Tax (TOT) and allocate it towards the state required amounts for tourism, 26.67% with the retraining going to non-tourism activities. Councilor Marsh noted problems with the non-tourism part of the allocation and relying on percentages. This year anticipated a significant increase for the biennium in the TOT. Small grant funds would increase in tite range of $35,000 per year. She suggested putting the non-tourism funds into the General Fund that funded economic development and small grant programs and allow those programs to go through the regular budget cycle and make a case for an increase. Councilor Voisin wanted the Budget Committee to attend a Study Session and review TOT allocations and the process. Ashland City Council Meeting February 17, 2015 Page 7 of 8 Mr. Kanner addressed the $110,000 set allocation amount for the Oregon Shakespeare Festival (OSF). Council changed the amount from a percentage to a set figure in 2010. Mr. Tuneberg confirmed Council could make a policy change regarding the allocation for OSF. Councilor Voisin motioned that Council have the Budget Committee meet with Council in nest month in a Study Session to review TOT for the biennium 2015-2017 budget. Motion died for lack of a second. Councilor Marsh/Lemhouse m/s that the non-tourism portion of the TOT be placed 100% into the General Fund operations to be allocated through the Budget process. DISCUSSION: Councilor Lemhouse was concerned in the past with how much money the City gave away in grants. This would make it less automatic. Councilor Voisin's concern was not having enough money for the grants and would vote against the motion. Mr. Kanner explained Council could take this motion as an amendment to the motion and vote on the amended resolution. Mayor Stromberg would take the motion as an amendment to the resolution stated in the Council Communication. Roll Call Vote: Councilor Morris, Rosenthal, Seffinger, Lemhouse, and Marsh, YES; Councilor Voisin, NO. Motion passed 5-1. Councilor Marsh/Lemhouse m/s to approve the tourism related portion of the TOT to be allocated as indicated in staff report. Roll Call Vote: Councilor Morris, Rosenthal, Seffinger, Lemhouse, and Marsh, YES; Councilor Voisin, NO. Motion passed 5-1. 3. First reading by title only of an ordinance titled, "An ordinance amending Ashland Municipal Code Chapter 2.04.030(B)(1), Agendas" City Administrator Dave Kanner explained the amendment would clarify the right of a Councilor to place any item to any agenda with the caveat the Mayor could defer the item if the Mayor deemed it was not time sensitive or tine agenda too full with the proviso the Mayor may not defer the item more than three months. Councilor Rosenthal/Lemhouse m/s to approve First Reading by title only of an Ordinance titled, "An ordinance amending Ashland Municipal Code Chapter 2.04.030(B)(1), Agendas." Roll Call Vote: Councilor Marsh, Lemhouse, Rosenthal, Voisin, Morris, and Seffinger, YES. Motion passed. UNFINISHED BUSINESS Continued 2. Continued discussion of proposed ordinance updates, including request for discussion of an ordinance to prohibit outdoor marijuana cultivation in residential zones City Administrator Dave Kanner and City Attorney Dave Lohman scored each one based on urgency and importance to create a prioritized list. If Council agreed on the ranking, staff would work their way down the list as time allowed, Currently staff was working on a list of ordinances Council already approved, one included the film and video ordinance. The short-term home rental would go before Council next meeting. Staff had draft ordinances for requiring dog licenses and vaccinations. Additionally there were internal discussions from the Conservation and the Electric Departments whether the City should consider modifications to the utility rate structure for large-scale indoor agricultural operations. Beginning July 1, 2015 it would be legal to grow marijuana for personal use and January 1, 2016, the Oregon Liquor Control Commission would start licensing large-scale commercial marijuana production facilities. Last fall the City responded to six odor complaints all over town from people growing medical marijuana outdoors. The City of Arcata CA experienced many problems with people growing marijuana in residential areas and had an extensive code section that dealt with the issue regulating indoor and outdoor grow operations. Another issue the City of Arcata experienced was people renting houses and converting them into Ashland City Council Meeting February 17, 2015 Page 8 of 8 commercial indoor grow operations. They addressed this problem through electric rates and an ordinance that limited the use. Colorado adopted an ordinance that addressed the spine issue. Mr. Kanner suggested Council look into an ordinance that placed reasonable time, place, and manner restrictions on the outdoor cultivation of marijuana in residential zones and create ordinance language prohibiting turning a residence into a commercial grow operation. The City of Arcata at one point had 635 houses empty and used specifically for growing marijuana. The City's Code Enforcement Officer suggested rather than prohibiting growing marijuana outdoors since Measure 91 limited four plants to one household, screened from public view, the City focus on large-scale operations. Staff could work on a land use ordinance similar to the keeping of chickens ordinance and apply it to medical marijuana grow operations. Additionally, the City should have an ordinance recognizing the legal right to grow marijuana but only if the grow is in a house that is the primary residence. Mr. Kanner was also interested in working with the Electric and Conservation Departments. Ashland was an attractive location due to the low electric rates. Large scale commercial grow operations required a lot of power and could push the city into Tier 2 rates. City Attorney Dave Lohman confirmed Colorado was experiencing the same problem as Arcata regarding rentals. Colorado had large industrial areas and blocks of homes rented out for marijuana grows and was actually running out of industrial space. Council supported the prioritized ordinance list, developing new ordinances regarding marijuana and giving the ordinances regarding marijuana higher priority. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Voisin explained she did not attend the State of the City Celebration due to a prior commitment at Southern Oregon University. She thanked Executive Secretary Diana Shiplet for her incredible efforts organizing the event. Councilor Marsh added the 2016 State of the City Celebration was already reserved the room for January 26, 2016. City Administrator Dave Kanner explained he would attend the Oregon Liquor Control Commission (OLCC) regional listening session regarding their rule making for legal marijuana in Ashland February 18, 2015. Part of the regulations would create energy efficiency standards for commercial indoor growing operations. Council supported Mr. Kanner attending and state support for energy efficiency standards. City Administrator Dave Kanner explained he would attend the Oregon Liquor Control Commission (OLCC) in Ashland February 18, 2015 for a regional listening session regarding their rule making for legal marijuana. Part of the regulations would create energy efficiency standards for commercial indoor growing operations. Council supported Mr. Kanner attending and stating City of Ashland support for energy efficiency standards. Mayor Stromberg asked Council for input regarding the new seating arrangement. Council was fine with the configuration. Councilor Lernhouse suggested moving the Recorder's position down to allow the City Attorney and City Administrator to sit to the right of the Recorder's station. Mr. Kanner responded the IT Department could not move the Recorder's station. The equipment involved required a fixed station. Councilor Lemhouse accepted the explanation but thought if they wanted it moved staff should be able to do it. Mayor Stromberg agreed and would address the seating arrangement and the Recorder's station with Council after a couple more meetings took place. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 10:03 p.m. Dana Smith, Assistant to the City Recorder Join Stromberg, Mayor CITY OF ASHLAND Council Communication April 7, 2015, Business Meeting Request from Lithia Artisan Market to hang pennants from two cobra light poles on Winburn Way FROM: Ann Seltzer, management analyst, seltzeragashland.or.us SUMMARY The Street Pennant Policy & Guidelines addresses five zones where street pennants are allowed, one of which is Winburn Way, where there are two cobra light poles. Under the policy, an "approved designee" of the city can hang pennants on these poles. The Lithia Artisan Market is requesting the City Council designate the Market as an "approved designee," allowing the Market to hang street pennants on the two cobra light poles on Winburn Way, pending approval of their pennant permit application. BACKGROUND AND POLICY IMPLICATIONS: Street pennants are vertically oriented, one-piece fabric material installed on street light poles. The intent of the City's Street Pennant Program is to add color and excitement to the City's streetscape, and promote the general economic interests of the community through the promotion of cultural and seasonal activities that enhance the economic viability and overall vitality of the community. In 2010, the City Council approved a resolution setting the standard, policy and fee for street pennants and adopted the Street Pennant Policy and Guidelines. At the request of the Council, the Street Pennant Policy and Guidelines, as it relates to the downtown core, was developed in conjunction with an ad hoc task force of the Chamber of Commerce. The current street pennant policy was updated in May of 2014. With the exception of the Downtown Zone, eligible entities are limited to governmental agencies, including the Ashland School District and Southern Oregon University or the City of Ashland, including its approved designees such as the Ashland Chamber of Commerce. Content criteria Pennants must contain some graphic element (photo, illustration, etc.) and may not consist of only text. Pennants may not include the business name or logo, phone number, web address, or directives (turn left here, etc.). Pennant brackets Permit requests for pennant installations on poles without existing brackets require the permit applicant to pay the cost and installation of the brackets. The two poles on Winburn Way do not have brackets. The charge to the applicant will be determined by the Electric Department. Page 1 of 2 IVs, CITY OF ASHLAND COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of Lithia Artisan Market's request to be an approved designee for purposes of hanging street pennants on Winburn Way. SUGGESTED MOTIONS: I move to allow the Lithia Artisan Market to hang pennants on Winburn Way as an approved designee of the City pending permit application approval. ATTACHMENTS: • Street Pennant Policy and Guidelines • Letter from Marcus Scott of Lithia Artisan Market Page 2 of 2 ~A, CRY of Ashland Street Pennant Policy & Guidelines Revised May 2014 I - CITY OF -ASH LAN D Street Pennant Program Standards Overview Statement The intent of the City of Ashland Street Pennant Program is to add color and excitement to the city's streetscape, promote the general economic interests of the community through the promotion of cultural and seasonal activities that enhance the economic viability and overall vitality of the community. It is the intent of the City to provide existing pennant permit holders a five year timeline to comply with the standards and requirements of this program. All other pennant permit applicants will be required to comply with this program standard upon approval of the City Council. Program Scope & Eligibility Criteria Eligible pennants are those that, through the application process, match the above stated overall philosophy of the Program. Pennants may not advertise or promote commercial products or services, or religious, political or social viewpoints. Banners may not promote or advertise gambling. (per Oregon Dept of Transportation 5-5c) • With the exception of the Downtown Zone, eligible entities are limited to governmental agencies, including the Ashland School District and Southern Oregon University or the City of Ashland, including its approved designees, such as the Ashland Chamber of Commerce. • Eligible entities in the Downtown Zone include governmental agencies, as well as recipients of Economic & Cultural Development Grants from the City of Ashland. • Permit applications must be submitted 60 days prior to the requested installation date with permit review and approval completed by the City Administrator a minimum of 30 days in advance of the installation date. Exceptions may be made to the policy concerning the approval timeline by the City Administrator at his/her discretion. • Installation of pennants is limited to the pennant zones displayed on the attached Pennant Placement Zone Map. The zones are associated with arterial (major) streets and proximity to major commercial, educational and cultural districts and are designated as follows: ❖ Downtown Zone ❖ North Ashland Entrance Zone -2- CITY of -ASH LAN D ❖ South Ashland Entrance Zone with Exit 14 overpass ❖ Siskiyou Educational Zone ❖ A/4 1h Street Zone ❖ Winburn Way Zone Pennant Content Criteria Pennants must contain some graphic element (photo, illustration, etc) and may not consist of only text. Pennants may not include the following: • Phone numbers • Web addresses • Directives (turn left here, etc) • Business names/logos The pennant material and graphic content color palette does not include neon or other overly bright colors. Refer to the Street Pennant Guidelines for suggestions and recommendations for maximizing the aesthetic and communication impact of the proposed pennant(s) Pennant Installation Street Pole Options There are two types of poles where pennants may be installed; the large overhead street lights (cobras) and the shorter pedestrian scale light poles (Sternbergs) and the fence on the Exit 14 overpass. The A St./4th St. Zone is limited to small pennant installation (see pennant construction specifications for details), while all other zones allow only large pennant installation. Many of the larger street lights are fitted with double horizontal brackets for pennant installation. Others do not have the necessary brackets for hanging pennants. Approved permit requests for pennant installation on poles without existing brackets may include a one time bracket purchase by the applicant and installation fee and will require 4 to 6 weeks prior to installation for ordering and installing the new brackets. Pennant Duration The Downtown Zone Map contains two designated locations for short term pennant installations (less than two months) with the remainder reserved for long term installations (greater than six months). All other zones allow only long term installations. The Downtown Zone is also limited to a maximum of three unique pennant messages at any time to maintain visual compatibility throughout the zone. The short term event permit holder is responsible for the removal and reinstallation of the existing pennant in their approved location and any coordination required to accomplish the task. -3- CITY OF -ASHLAND The City of Ashland reserves the right to exclude specific pole locations for certain periods of time for other non-pennant City/community uses, such as holiday decorations. Installation/Removal Requirements Installation and removal of the individual pennants are the responsibility of the permit holder. Any contractor hired to install/remove pennants must meet the pre-qualification requirements of the City of Ashland Public Works Dept and may be required to obtain Oregon Department of Transportation (ODOT) lane closure permits depending on the location and method of installation/removal. Pennants must be removed by the applicant on or before the expiration date of the permit. Applicants may be charged with removal costs if not removed by the date listed on the permit and may not be eligible for future pennant installation approval. Pennant Construction Specifications There are two approved pennant sizes: a larger size for the overhead street lights and a smaller size for the pedestrian scale lights. Pennant installation must be consistent with the street light type, i.e. a small pennant will not be approved to be installed on the large overhead street light. • Large Pennant Size -136" in height, 48" in width, 4" pockets for connection with bracket • Small Pennant Size - 36" in height, 18" in width, 2" pockets for connection with bracket *See Street Pennant Guidelines for illustration details All approved pennants shall be manufactured/constructed to withstand wind gust at 20lbs per square inch using large format ink jet printing on two sides of heavy duty material approved and listed for indoor/outdoor use. A listing of pennant manufacturers used by previous pennant applicants will be generated and maintained by the City of Ashland for future applicant reference. Maintenance Standards Pennants must at all times be maintained in a visually appealing manner, which is the sole responsibility of the permit holder. Pennants in disrepair must be maintained, replaced, or repaired. An individual pennant is defined as in disrepair when it is loose, frayed, torn, fallen, discolored or faded The City, at its discretion, may contact permit holders requesting they repair or remove pennants that are not adequately maintained. Additionally, the City has the authority to -4- CITY OF -ASH LAIC D remove any pennants that it determines pose a safety risk to the public, with our without prior notice, with costs of such actions being billed to the applicant. Application Information The Applicant must have Commercial General Liability (CGL) insurance with minimum limits of $500,000 per occurrence, $1,000,000 aggregate. By endorsement, the CGL policy shall name the City of Ashland, its agents, directors, officers, employees and volunteers as additional insureds. The additional insured endorsement must provide primary and non-contributory coverage. A certificate of insurance with the additional insured endorsement must be provided and approved by the City of Ashland prior to banner installation. An application fee of $125 is due at the time of permit application submittal and will be refunded if the permit is not approved. The bracket purchase and installation charge (if applicable) will be collected prior to issuance of the permit and is not required at the time of submittal. Permit applications are required to be submitted 60 days prior to the requested installation date. Permit review shall be completed by the City Administrator (or designee) within 30 days of submittal, providing the applicant time to arrange an approved installer and obtain right of way permits if required prior to the requested installation date. Upon approval, the applicant will be notified by phone or e-mail and be required to sign an agreement with the City of Ashland. Application Submittal Requirements 1. Complete Street Pole Pennant application (attached) 2. Certificate of liability insurance 3. Color copy/rendering of the proposed pennant graphics 4. Application Fee Mail the completed packet or deliver to: City of Ashland - Administration 20 East Main St Ashland, OR 97520 Applications can also be submitted by e-mail to administration@ashland.or.us -5- CITY of -ASH LAN D PENNANT DESIGN GUIDELINES Effective Pennant Design Simple designs have the greatest graphic impact. Details are lost and hard to see from a distance. Bold and contrasting colors work well. Light type on a dark background enhances readability and has good graphic strength. White backgrounds are less effective. Light pastel colors wash out in the sunlight. NOTE: Neon or overly bright colors are not permitted. Content Text heavy pennants are less appealing and difficult to read. Keeping the message simple will allow your audience to interpret it quickly. If the pennants will be reused annually, keep in mind that you may want to refrain from including specific dates. In addition to the graphic element (photo, illustration, etc.), pennants may include sponsor naive or logo, date and time and general location of event. It is important to establish a hierarchy for the visual elements so they complement each other and don't compete. These elements should generally rank in the following order of importance: 1) Graphic visual 2) Name of event 3) Time period and/or supporting text NOTE: Pennants may not include phone numbers, web addresses, directives (turn left here, etc.), or business names/logos. CITY QE -ASH LAN D a 4' I LmsPOMM G r efro Pen O &s N r N T ao -7- CITY OF ,ASH LAIC D Large Pennant Smep Pennant drpodaft W 18' W Printing and Construction Large format ink jet printing on two sides of heavy duty material approved and listed for indoor/outdoor use. NOTE: Material will be folded back at the top and bottom and sewn to opposite side to create pole pockets. Please take this into account when designing banner and preparing for production. -g- CITY OF -ASH LAN D tarps Pennant Sm~h Permard - - - - - - - 40 podWA - - 3' Podaab 1 B' r W Printing and Construction Large format ink jet printing on two sides of heavy duty mesh vinyl material for indoor/outdoor use. NOTE: Material will be folded back at the top and bottom and sewn to opposite side to create pole pockets. Please take this into account when designing banner and preparing for production. -9- CITY OF -ASH LAN D Design Examples Example A Example 8 MIN Colors are bold and contrasting* Do a Fonts are clean with high readability (sans serif) W6k SEPT + Content is concise for quick interpretation SOL Visual is large with strong graphic impact SPRING *Neon or overly bright FLOWER colors are not permitted. April SHOW Example C Example D ~ r T 4 W, {i r Event logo y Life in 1 I ~ 1 r Pictures 1 } -10- CITY OF -ASH LAN D YlO *1 it - ~ I t t~ a E J 11, Mh. 1 ' , i r 1 t h+' s J, C4); Asl "Vf 1, ix r a r, 3 f 04 t lo~ c~k . W CD -U • r , ` c a 3 .mom , y f . ~ t 7 ~l t ` Oman 1 6 Pr ; 44 Q 'r f F k 1. ~a , 1 i G ; r € "eat W i j o all rn ♦ j ~ ~l~` ~~Ijrirl rf.lrlrl.irl~rlrlrl+,+; ~rt~rlrlrlrl~9~~~l~~rlrlrlrl rlrlrlrlrlr/rl/~r krl ~ N O _ ~ W o xa a ,y~~ G at 4} ♦ ~ O ~ ' l C N guy Z •~~i~ • N O 5( t' .1.1Jill 1 . 11111/.// a 1. 1.1. 1. 1. I. 11x1. 1J 1. ` ~ to ■/10` ( `1.1.1` Ih11.. ; ■ ■ i3 ■ ■ ;~1 1•, ANN /-1-/ ■ ~{.1 ~ ~ . , 111 ^.la C<IZ ■ f 'tr ■ i~ j ■ ■ ■ ■ ■ 1 F 1l i W 1.1.1.1 .1 ■ O ■ 1 ■ ■ N c W ■ y # `41~ co y ~f P i E: f I irk . . J IS AJeAV ! - w Jl_ Is- utof-WI 4 } _ E ! N J~ l 3~_ GI N p M J ~ O j w W j' E N f J S l!) E o N ♦A 7/k; t, t 3e- f fl f? 4 -~_Uu . _ tsl [~JJ1 1( 1 J f T' w i a w.. w Z ~ (n lq4, /f > ~S AV: o° CO v+ i Pp f. pi ff~~ 1 Y '(t I s.. ` 1 ♦ t i _ V t t,, 1 t t ' t r. ~ ~ N I I Lithia Artisans Market of Ashland PO Box 3585 Ashland, Oregon 97520 541 301-9811 i I i March 17, 2015 City of Ashland Administration and City Council, Dear Mayor, City Council, and City Administration, I am writing on behalf of the Lithia Artisans Market of Ashland (LAMA) in regards to a "Street Light Pole Pennant Permit". Specifically, I am referring to the Applicant Eligibility sec- tion of the permit. Let me first state for the record that we have had pennants up in the past years. When i originally filled out the application I was told that because we had been approved in the past and had pennants up for many years, our new application would essentially be grandfa- thered in when referring to terms of eligibility. Design and approval being a separate matter. That turned out to not be the case. The clause within the application that is now creating an obstacle is the Applicant Eligibility section. We have been the recipient of the Economic and Cultural Development Grant in the past, but did not apply this year. Because we did not ask for grant assistance this year we are running into a logistic obstacle. As we have a long history with the City and are, to the best of our knowledge, in good standing, we are officially asking you, the City Council, Mayor, and City Administrator to consider the Lithia Artisans Market of Ashland an "ap- proved designee" of the City of Ashland. This allows us to qualify to apply for the pennant permit this year. Without that designation it is my understanding we do not meet the eligibil- ity requirements. We have worked with a professional graphics designer here in Ashland, John Higley De- signs, for over a year to make sure the pennant design is appealing and created in accor- dance with what the criteria set forth by the city. This designation costs the city nothing. It is merely a symbolic gesture that says the city supports the Lithia Artisans Market of Ashland, a non profit, artist-member run organization with decades of history in our community. Please consider officially recognizing the Lithia Artisans Market of Ashland as an approved designee of the City of Ashland. Sincerely yours, Marcus Scott (Lithia Artisans Market Manager and local stone bead artisan) i Q Large Pennant ARTISANS MARKET `v 3~vh~ Small Pennant yd .1'~ y per a~ r N io CITY OF -AS H LA N D CITY OF -ASHLAND Council Communication April 7, 2015, Business Meeting A Resolution adopting the Special Event Policy and related fees and repealing Resolution 2012-08 FROM: Ann Seltzer, management analyst, seltzeragashland.or.us SUMMARY At the study session on March 2, 2015, the City Council directed staff to add "Revision of the Special Event Policy" to the agenda for the April 7 meeting for the purpose of discussing adding the annual Halloween Parade as a community-wide event, making it exempt from fees associated with a special event permit. If the Council decides to move forward with this change, it will require the adoption of a new resolution. BACKGROUND AND POLICY IMPLICATIONS: In April 2012, the City Council adopted the Special Event Policy and Resolution 2012-08 adopting fees for special event permits. The Special Event Policy currently addresses activities such as parades, races, street fairs, athletic events, etc., that require the exclusive use of public rights-of-way or city-owned property including but not limited to sidewalks, streets, parking spaces, parking lots, alleys, etc., and/or substantially impacts or impedes traffic flow. The current special event policy includes the July 4th celebration as a community-wide event that is not subject to the related fees. The policy also states the City Council may designate additional community-wide events at its discretion. The Children's Halloween Parade is proposed to be added to this category and is highlighted in yellow in the attached policy. COUNCIL GOALS SUPPORTED: 7. Keep Ashland a family-friendly community FISCAL IMPLICATIONS: The Chamber of Commerce paid $1774.51 in permit fees for the 2014 Halloween Parade. This money partially reimburses the city for overtime costs associated with the event. If no fees are collected for the Halloween Parade, these costs will be absorbed in department budgets. STAFF RECOMMENDATION AND REQUESTED ACTION: N/A Page 1 of 2 ~r, CITY OF ASHLAND SUGGESTED MOTIONS: I move approval of a resolution titled, "A resolution adopting the special event policy and fees for special events and repealing Resolution 2012-08." ATTACHMENTS: • Draft Resolution • Revised Special Event Policy • Resolution 2012-08 Page 2 of 2 Wr, RESOLUTION NO. 2015- A RESOLUTION ADOPTING THE SPECIAL EVENT POLICY AND FEES FOR SPECIAL EVENTS AND REPEALING RESOLUTION 2012-08 RECITALS: A. Section 11. of the Ashland Municipal Code authorizes the temporary closure of a City street to traffic when deemed necessary for parades, dances, races, or other special events. B. Such temporary closures can have an impact on city services including Police, Ashland Fire and Rescue, Parks and Recreation and Public Works. C. On April 3, 2012, the City Council approved the Special Event Policy and on April 7, 2015, modified the policy to reflect the Children's Halloween parade as exempt from associated fees. D. Special events have an economic benefit to the community and yet can increase the city's costs. The special event fees below reflect a standard special event permit fee of $130, 60% of actual overtime costs for City staff and a fee of $250 for applicants who do not submit the permit application ninety days in advance of the event date. E. A Special Event is an organized activity, such as a parade, race, street fair, athletic event, etc., that requires the exclusive use of public rights-of-way or city-owned property including but not limited to sidewalks, streets, parking spaces, parking lots, alleys, etc., or that reroutes or delays the normal flow of pedestrians and vehicles thereon. F. The special event permit requirements do not apply to neighborhood block parties or to activities for which the City has previously established fee and requirements, such as film and video production activities. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The following special event fees are set forth in Table 1 and are hereby approved and established. TABLE 1 Type Fee Base Special Event Permit $130 Events that require city staff overtime The Special Event Permit Applicant will pay 60% of city staff overtime cost in addition to the base fee of $130. Rush Fee $250 will be charged, in addition to the base fee of $130, to applicants who do not submit the permit application 90 days in advance of the event. SECTION 2. This resolution was duly PASSED and ADOPTED this day of , 2015, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder Page 1 of 2 SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Page 2 of 2 CITY OF -ASHLAND Special Event Policy March 2015 Overview Ashland values special events as a means of bringing people together to enrich lives and strengthen our community through the celebration of arts, sports, culture, commerce and more. A Special Event is an organized activity, such as a parade, race, street fair, athletic event etc. that requires the exclusive use of public right of ways or city-owned property including but not limited to sidewalks, streets, parking spaces, parking lots, alleys etc. and/or substantially impacts or impedes traffic flow. The City of Ashland regulates these types of events to ensure the safety of the event participants, spectators and the general public and to minimize inconvenience to the general public and disruption of public services. NOTE: This policy does not apply to neighborhood residential block parties. Purpose The purpose of this policy is clarify the use of the public right of way and city property for special events; to minimize City expenses associated with special events; to provide options and minimize expenses for special event coordinators; and to minimize safety risks to the event participants and the general public. Scope This policy applies to all persons requesting the use of any public right of way which has been determined by Police Department and or the Public Works department to require unimpeded access and controlled traffic for the safety of the event participants and general public. Use of City parks and facilities is subject to policies set forth by the Parks and Recreation Commission. Use of the Plaza requires a separate permit available at www.ashland.or.us/plazapermit. Community-wide events The July 4t" celebration is a significant and historical community-wide event and the annual Halloween Parade is a traditional community-wide event. The City will pay all City related expenses for this event. The City Council may add other events to this category at its discretion. 1 Permit Permits are required for all special events. Special Event Permits are available on line at www.ashland.or.us/specialevent. Note: Applicants requesting use of State Highway 99 (North Main, East Main through downtown, Lithia Way, Siskiyou Blvd.) and/or Highway 66 (Ashland Street) must secure a permit from the Oregon Department of Transportation, in addition to a permit from the City of Ashland. Applicants requesting use of East Main from Walker east to the city limits and/or Crowson Road must secure a permit from Jackson County. Siskiyou Blvd. between Gresham Street and Walker Street is under City jurisdiction. Fees All applicants pay an administrative fee of $130 when the application is submitted. If the application is not approved, or if the applicant withdraws the request, the City Administrator and/or staff designee will evaluate and subsequently determine if a refund if appropriate. 1) Events that do not require City staff overtime (determined by the City): City staff will review the route proposed in the permit application and determine the location of barricades, traffic safety cones and traffic control locations where an ODOT certified flagger can be used. The event coordinator is responsible for securing and placing barricades, cones and flaggers at each designated location at least 60 minutes in advance of the start of the event. The event cannot begin until authorized City personnel drive the route prior to the race to make sure barricades, cones and volunteers are in place and then informs the event organizer of approval. If event organizers are unable to secure the required number of ODOT certified flaggers and city staff must be used for traffic control, the applicant will pay 60% of actual cost for staff overtime. 2) Events that require City staff overtime (determined by the City) City staff will review the proposed route and determine how much City staff overtime will be needed. In addition to the base permit fee of $130, the event applicant will be charged 60% of actual costs. ODOT Certified Flaggers may not work at intersections or other locations where the City has determined there is significant risk. ODOT Certified FIgggers The Oregon Department of Transportation (ODOT) provides traffic flagger training. After completing the training, participants will be certified flaggers for two years. If using ODOT Certified Flaggers, the applicant must submit to the City a list of the volunteers who will work the event. If the applicant is unable to recruit the required number of ODOT Certified Flaggers, City staff will be assigned to work the event, if available, and the applicant will pay 60% of the overtime costs. 2 The City cannot guarantee city staff will be available to work the event with less than 30 days notice from the date of the event. If the applicant cannot secure the required number of certified flaggers and city staff is not available the event cannot proceed. Meeting with City Staff After receiving the completed Special Event Permit, a meeting between City staff and the applicant will occur so both parties can review the proposed route and traffic management plan and are clear on the expectations, limitations and costs of the event. Pre-approved Routes The City has identified a number of different special event routes within Ashland, on both State and non-State Highways. The approximate resources and requirements associated with traffic control for each pre-approved route are available for event coordinators planning a special event. Event organizers are not required to use pre- approved routes. Rolling Road Closure Some special events on roadways with two or more lanes of traffic in each direction can be accommodated with a rolling road closure of one lane of traffic. A rolling road closure event is one that occurs during daylight hours, lasts 45 minutes or less, does not block intersections for more than 5 minutes and can be managed with on-duty city staff. These events are subject to the $130 base fee only and will not be charged a Rush Fee (see below). Permit approval is subject to staff availability. The City will respond to a request for an expatiated expedited rolling road closure permit within three business days of receiving the permit application. Application and Deadline The application for a special use permit is posted on the City's website at www.ashland.or.us/specialevent or can be obtained from the Public Works Department at 541-488-5587. Completed applications should be submitted to the Public Works Department no later than 90 days in advance of the event date. It can take up to three months for City Departments to coordinate traffic plans, police services, public work services and more. Applicants will be notified of permit approval at least 60 days after the application is submitted. Rush Fee: With the exception of rolling road closures, applicants for a special event permit who cannot meet the 90 day requirement will be charged a Rush Fee of $250 in addition to the base fee of $130 if the requisite City staff can be made available within the time frame requested. Otherwise the permit will be denied and the $250 will be refunded. Time Limit for Road Closure Roads will be closed for no longer than two hours. Event organizers should plan accordingly. 3 Road closures, particularly in the downtown and business areas of the community, impact local businesses and can impede customer access. A maximum road closure of two hours ensures those businesses are not adversely impacted by the special event. Exceptions to this rule include the July 4th Celebration, Children's Halloween Parade and the Festival of Lights. The City Administrator may exempt future events who require a road closure for longer than two hours. Race Start Times The downtown area, particularly the Plaza, becomes extremely busy with pedestrians, vehicles, merchants, etc. For the safety of the general public and participants, races must start and clear the downtown area no later than 9:30 a.m. Neutral Start for Bicycle Races A neutral start is the preferred option and will be used until the event reaches a location predetermined by City staff.. A neutral start is used at the beginning of bicycle races to create a parade atmosphere as the event gets underway This controlled pace protects, riders, pedestrians and vehicles in highly congested traffic zones. City staff will determine at what point the neutral start ends and the racing begins. Special Event applicants may be denied future permits if racers pass the lead police vehicle. Notification of Businesses and Neighbors Event organizers are responsible for posting notification signs along the event route 24 hours in advance of the event. In addition, event organizers must'notify businesses and homes along the route of the street closure, as well as cul-de-sac streets that intersect with the route, fourteen days in advance. At a minimum, the notification must include the date and length of time road will be closed. Public Works may require signatures to be collected indicating the property owners have been advised of the closure. Public Safety Safety of participants and the general public is the highest priority. The final decision on public safety requirements rests with the Ashland Police Department and Public Works. The Oregon Department of Transportation requires certified flaggers or police personnel at locations that require traffic control. ODOT Certified Flaggers may not work at intersections or other locations where the City has determined there is significant risk. Certificate of Insurance and Hold Harmless Agreement The City of Ashland requires a Certificate of Insurance in the amount of no less than two million ($2,000,000) dollars to protect the City against claims for personal injury or property damage that could that could occur because of the event. The certificate will name the City as an additional insured. A copy of the certificate must be submitted with the completed permit application. ODOT also requires a Certificate of Insurance if the event occurs on ODOT right of way. 4 Events that can be accommodated with a rolling road closure are not required to secure a Certificate of Liability insurance. However the City strongly recommends the organizers secure liability insurance to protect themselves. If during the event a participant is injured and seeks damages or if private or public property is damaged by a participant, the insurance provides protection for the event organizer. In addition, the City requires all applications to sign a hold harmless agreement (provided by the City) in order to receive a permit. The Special Event Permit covers the use of the sidewalk(s) or street(s). It is possible your event may need additional permits such as a noise permit or a Parks permit. The following questions will help you determine if you need additional permits. Questions Contact Phone Will the event begin, end or Parks and Recreation 541-488-5340 ass through a city ark? Will a public address Administration 541-488-6002 system or amplified music be used? Will your event interfere RVTD, Field Operation 541-779-2877 with a bus route or Coordinator schedule? Will food be served at the Jackson County Health 541-774-8206 event? Division Ashland Fire & Rescue 541-482-2770 Will alcoholic beverages be Oregon Liquor Control 541-776-6191 sold? Commission Ashland Fire & Rescue 541-482-2770 Will your event include Ashland Fire Department 541-482-2770 tents, canopies, booths, cooking, pyrotechnics etc.? Is your event a film or Administration 541-488-6002 video? Ashland Fire & Rescue 541-482-2770 Does your event involve the Administration 541-488-6002 Plaza? Will you event occur on Oregon Department of 541-774-6328 North Main, East Main Transportation 541-774-6360 Lithia Way, Siskiyou Blvd. (Highway 99), Ashland Jackson County Roads (541) 774-8184 Street (Highway 66 Do you need reserved Public Works 541-488-5857 parking? Criteria for Approval/Denial of application In issuing a permit for a special event, the City considers whether: 5 1) Another event is scheduled for the same day/weekend 2) The event is reasonably likely to cause injury to persons or property 3) The event will substantially interfere with the safe and orderly movement of pedestrians and vehicular traffic in the area 4) The proposed location is adequate for the size and nature of the event 5) City equipment, staff and services are available 6) All permit requirements have been met 7) ODOT and/or Jackson County Permits secured 8) All required insurance documents are submitted 9) Previously identified issues have been addressed in the application Included in this packet: Special Event Permit Application Pre-approved routes Parks and Recreation Special Event Permit Application Sanitation and Recycling The permit application requires the applicant submit a plan for clean-up and recycling. Ashland Fire & Rescue Permits are required for the following: An additional permit from the fire department may be required when the event is held in public or private property within the city limits and includes any one or more of the following: • Cooking or open flames including fire dancing, candle light vigils, sweat lodges, and ceremonial events • All outdoor fire and regulated by the fire department through the Ashland Municipal Code • Open flames inside a building other than approved, fixed appliances • Tents or canopies • When an activity occurs in a building outside its normal use • Carnivals, fairs, beer gardens, haunted houses • An event where the public gather within boundaries delineated by a physical barrier such a snow fencing, metal gates or tape • Events in private homes or on private property that are open to the public OR charge a fee • Other unique activities not listed may require a permit. 6 r i i I 1 RESOLUTION NO. 2012- d F_i A RESOLUTION ADOPTING FEES FOR SPECIAL EVENTS AND REPEALING RESOLUTION 2011-22 RECITALS: A. Section 1 l .12.050 of the Ashland Municipal Code authorizes the temporary closure of a City street to traffic when deemed necessary for parades, dances, races, or other special events. B. The number of types of special events is increasing. Such temporary closures can have an impact on city services including Police, Ashland Fire and Rescue, Parks and Recreation and Public Works. C. On April 3, 2012 the City Council approved the Special Event Policy. D. Special events have an economic benefit to the community and yet can increase the city's costs. The special event fees below reflect a standard special event permit fee of $130, 60% of actual overtime costs for City staff and a fee of $250 for applicants who do not submit the permit application ninety days in advance of the event date. E. A Special Event is an organized activity, such as a parade, race, street fair, athletic event etc. that requires the exclusive use of public right of ways or city-owned property including but not limited to sidewalks, streets, parking spaces, parking lots, alleys etc, or that reroutes or delays the normal flow of pedestrians and vehicles thereon. F. The Special Event Permit requirements do not apply to neighborhood block parties or to activities for which the City has previously established fee and requirements, such as film and video production activities- THE CITY OF ASHLAND RESOLVES AS FOLLOWS: Section 1. The following special event fees are set forth in Table 1 and are hereby approved and established. TABLE 1, Type Fee Base Special Event Permit Fee $130 I Events that require city staff overtime The Special Event Permit Applicant will pay 60% of city staff overtime costs in addition to the base fee of $130. Rush Fee $250 will be charged, in addition to the base fee of $130, to applicants who do not submit ! the permit application 90 days in advance of the event. Section 2. This resolution was duly PASSED and ADOPTED this day of , 2012, and takes effect upon signing by the Mayor. Page 1 of 2 i I r r Barbara Christensen, City Recorder . SIGNED and APPROVED this day of~ 2412. On Stromberg, Mayor Reviewed as to form: E Davi Lohm , "ity Attorney J i I i i Page 2 of 2 CITY OF -ASHLAND Council Communication April 7, 2015, Business Meeting Second Reading of an Ordinance Amending Title 18 Land Use Ordinance Relating to Definitions and Accessory Travelers' Accommodations in Various Residential Zoning Districts FROM: Bill Molnar, Community Development Director, molnarb&ashland.or.us SUMMARY This is of second reading of an ordinance that creates Accessory Travelers' Accommodations (ATA), a newly defined, limited form of short term visitor accommodation. Accessory Travelers' accommodation would be a conditional use in multiple family zoning districts, R-2 and R-3. Adoption of the ordinance establishes special use standards that address management, number of rooms, maximum occupancy, kitchen facilities and prepared meals, and other site considerations. The homeowner is required to be present during operations, may rent up to two rooms to a single party traveling in one car (maximum 2 persons per room), and cannot offer kitchen facilities or prepared meals. Accessory travelers' accommodations would be subject to the same requirements that apply to standard travelers' accommodations for licensing, taxes, advertising and safety inspections. BACKGROUND AND POLICY IMPLICATIONS: The City has had an ongoing problem with unlicensed short term visitor accommodations in all of its residential zones. These facilities, which operate without conditional use permits or business licenses and without paying transient occupancy tax, will often advertise on web sites, making them relatively easy to identify for code enforcement purposes. Since May of 2012, when the City began more vigorous code enforcement efforts with regard to illegal short term accommodations, about 60% to 70% of the code enforcement actions have been targeted at facilities in single family zones. Since reinstatement of a city code compliance specialist, there has been a noticeable reduction in unlicensed short term rental activity, which has permitted staff resources to be directed toward other areas of municipal code compliance. On November 4, 2013, the City Council discussed potentially permitting short term accommodations on owner-occupied properties in single-family zoning districts, and requested that the Planning Commission evaluate the issue and make recommendations to Council. After holding a series of public meetings, the Commission provided a report and their findings at the July 1, 2014 Council meeting. Rather than including an analysis of the benefits and impacts associated with continuing the current prohibition on short term travelers' accommodations in single family zoning districts, the Commission's report identified appropriate measures and code standards that would minimize impacts should the Council decide to allow the use. After receiving public testimony on the report, the Council directed staff and the Planning Commission to draft an ordinance for its consideration. Page 1 of 3 CITY OF ASHLAND Ordinance Objectives How a city addresses the impacts associated with short term accommodations is strictly a local choice, unique to that community and influenced by its history and values. Much of the discussion surrounding this issue falls into the following areas that are important when considering the overall well being of the community. • Protection of neighborhood character • Expansion of individual property rights & increased consumer choice • Long term rental housing Under the proposed ordinance, a homeowner residing in his/her primary residence is allowed to operate an accessory travelers' accommodation and rent not more than two bedrooms to a single party, under a single reservation and traveling in one car. Two off-street parking spaces must be located on the property and the accommodation is limited to a maximum of two persons per room. The homeowner is also expected to be present during the operation of the accommodation. The Planning Commission found that these provisions would provide adequate safeguards to ensure minimal impact to the character of existing neighborhoods. The homeowner would be available to address any concerns over the operations of the accommodation should any issues arise. The national phenomenon of short term accommodations taking the attention of many communities can be attributed to a variety of reasons. Internet services have increased the availability of lodging choices for the consumer, while property owners see an opportunity to financially benefit from what has been defined as the sharing economy through expanded use of their homes. With this in mind, the ordinance provides the opportunity for more homeowners to offer a single accommodation to visitors, while limiting impacts upon residential living, an important purpose of the underlying zoning district. Changes since First Reading On March 17, 2015, Council approved first reading of an ordinance establishing Accessory Travelers' Accommodation as a conditional use for all areas zoned multiple family residential (R-2 & R-3). First reading was approved with the following amended code language. Section 1 (page 7 of 18) - The chart presenting "Uses Allowed by Zone" is amended to identify Accessory Travelers' Accommodation as a conditional use, subject to special use standards, in R-2 and R-3 zoning districts, and identifying Accessory Travelers' Accommodation as not allowed in R-1 and R-1-3.5. Section 2 (page 10 of 18) - The first paragraph under 18.2.3.220 is amended to reflect the deletion of (i.e., more than one guest unit) and (i.e., one guest unit) from last sentence in the paragraph. Section 2 (page 12 of 18) - This section is amended to delete the standard that required the property housing the Accessory Travelers' Accommodation to be within 200-feet of a boulevard, avenue or neighborhood collector or the Historic District Overlay. Section 2 (page 12 of 18) - This section is amended to delete the standard that prohibited a home occupation in conjunction with an Accessory Travelers' Accommodation. Section 2 (page 12 of 18) - This section is amended to delete the standard that required renewal of the Page 2 of 3 Imo, CITY OF ASHLAND conditional use permit within 24 months of the original approval. FISCAL IMPLICATIONS: Accessory travelers' accommodation would be subject to land use permit and business licensing fees, and payment of the city transient occupancy tax. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of second reading. SUGGESTED MOTION: I move to approve second reading of an ordinance titled, "An Ordinance amending chapters 18.2.2, 18.2.3, 18.4.3, 18.4.7, and 18.6.1 of the Ashland Land Use Ordinance relating to definitions and standards for Accessory Travelers Accommodations in multiple family residential zoning districts" ATTACHMENTS: 1. Land Use Ordinance Amendments for Accessory Travelers Accommodations 2. Public Comments Since First Reading 3. Council 03.17.2015 Meeting Minutes Link to Record for Planning Action 2014-02053: http://www.ashland.or.us/Files/040715 ATA CouncilRecord.pdf Page 3 of 3 ~r, ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 18.2.2, 18.4.79 AND 18.6.1 OF THE ASHLAND LAND USE ORDINANCE RELATING TO DEFINTIONS AND ACCESSORY TRAVELERS' ACCOMMODATIONS IN VARIOUS RESIDENTIAL ZONING DISTRICTS. Annotated to show a°'e ivnsand additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the 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 City Council has determined that preservation of the character of residential neighborhoods is a legitimate and beneficial goal; and WHEREAS, the City Council has found an increasing number of residential dwellings are being rented to transients on a short-term basis, for less than thirty (30) days; and WHEREAS the City Council has determined the City has a substantial interest in ensuring that all transient occupancy tax required to be collected and remitted is in fact collected and remitted on a fair and equitable basis; and WHEREAS, the City Council has determined it is necessary to establish rules and regulations to permit transient lodging within the City that allows a variety of choices, while ensuring the safety and convenience of transients, and to preserve the peace, safety and general welfare of the long-term resident of neighboring properties; and WHEREAS, the Planning Commission of the City of Ashland conducted on January 30, 2015 a duly advertised public hearing on amendments to the Ashland Municipal Code and Land Use Ordinances concerning accessory travelers' accommodations; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary Ordinance No. Page 1 of 17 to amend the Ashland Municipal Code and Land Use Ordinance in the manner proposed, that an adequate factual base exists for the amendments, 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. Chapter 18.2.2 [Base Zones and Allowed Uses] of the Ashland Land Use Ordinance is hereby amended as follows: 18.2.2.030 Allowed Uses A. Uses Allowed in Base Zones. Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to approval of a conditional use permit. Where Table 18.2.2.030 does not list a specific use and chapter 18.6 does not define the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use are prohibited. For uses allowed in special districts CM, HC, NM, and SOU, and for regulations applying to the City's overlays zones, refer to part 18.3. B. Permitted Uses and Uses Permitted Subject to Special Use Standards. Uses listed as "Permitted (P)" are allowed. Uses listed as "Permitted Subject to Special Use Standards (S)" are allowed, provided they conform to chapter 18.2.3 Special Use Standards. All uses are subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020. C. Conditional Uses. Uses listed as "Conditional Use Permit Required (CU)" are allowed subject to the requirements of chapter 18.5.4. D. Prohibited Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use following the procedures of section 18.1.5.040 are prohibited. Prohibited uses are subject to the violations, complaints, and penalties sections in 18-1.6.080, 18-1.6.090, and 18-1.6.100. E. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For regulations applying to the City's overlays zones, please refer to part 18.3. F. Accessory Uses. Uses identified as "Permitted (P)" are permitted as primary uses and as accessory uses. For information on other uses that are customarily allowed as accessory, please refer to the description of the land use categories in part 18.6 Definitions. G. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. H. Temporary Uses. Temporary uses require a Conditional Use Permit under chapter 18.5.4; except as follows: 1. Short-Term Events. The Staff Advisor may approve through Ministerial review short- term temporary uses occurring once in a calendar year and lasting not more than 72 hours including set up and take down. Activities such as races, parades, and festivals that occur on public property (e.g., street right-of-way, parks, sidewalks, or other public grounds) Ordinance No. Page 2 of 17 require a Special Event Permit pursuant to AMC 12.03. 2. Garage Sales. Garage sales shall have a duration of not more than two days and shall not occur more than twice within any 365-day period. Such activity shall not be accompanied by any off-premises advertisement. For the purpose of this ordinance, garage sales meeting the requirements of this subsection shall not be considered a commercial activity. 3. Temporary Buildings. Temporary occupancy of a manufactured housing unit or similar structure may be permitted for a period not to exceed 90 calendar days upon the granting of a permit by the Building Official. Such occupancy may only be allowed in conjunction with construction on the site. 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Chapter 18.2.3 [Special Use Standards] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.2.3.220 Travelers' Accommodations Where traveler-is' accommodations and accessory travelers' accommodations are allowed, they require a Conditional Permit under chapter 18.5.4, are subject to Site Design Review under chapter 18.5.2, and shall meet the following requirements. See definitions of travelers' accommodation and accessory travelers' accommodation in part 18-6. A. Travelers' Accommodations and Accessory Travelers' Accommodations. Travelers' accommodations and accessory travelers' accommodations shall meet all of the following requirements. 1. An accommodation must met all applicable building, fire, and related safety codes at all times and must be inspected by the Fire Department before occupancy following approval of a Conditional Use Permit and periodically thereafter pursuant to AMC 15.28. 2. The business-owner of a travelers' accommodation or the property owner of an accessory travelers' accommodation must maintain a City business license and pay all transient occupancy tax in accordance with AMC 4.24 and AMC 6.04 as required. 3. Advertising for an accommodation must include the City planning action number assigned to the land use approval. 4. Offering the availability of residential property for use as an accommodation without a valid Conditional Use Permit approval, current business license and transient occupancy tax registration is prohibited and shall be subject to enforcement procedures. B. Travelers' Accommodations. In addition to the standards described above in section 18.23.220.A, travelers' accommodations shall meet all of the following requirements. 1B. The property is located within 200 feet of a boulevard, avenue, or neighborhood collector as identified on the Street Dedication Map in the Comprehensive Plan. Distances to the property from a boulevard, avenue, or neighborhood collector shall be measured via a public street or public alley to a lot line. 2A.During operation of a traveler''-s' accommodation, the property on which the traveler''-s' accommodation is sited must be the primary residence of the business-owner. "Business- owner" shall be defined as a person or persons who own the property and accommodation outright; or who have entered into a lease agreement with the property owner(s) allowing for the operation of the accommodation. Such lease agreement must specifically state that the property owner is not involved in the day-to-day operation or financial management of the accommodation, and that the business-owner has actual ownership of the business and is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business. 3E.The primary residence on the site must be at least 20 years old. The primary residence may be altered and adapted for traveler's' accommodation use, including expansion of floor area. Additional structures may be allowed to accommodate additional units, but must be in conformance with all setback and lot coverage standards of the underlying zone. Ordinance No. Page 10 of 17 4$.The number of traveler-is' accommodation units allowed shall be determined by the following criteria. a4-. The total number of units, including the business-owner's unit, shall be determined by dividing the total square footage of the lot by 1,800 square feet. Contiguous lots under the same ownership may be combined to increase lot area and the number of units, but not in excess of the maximum established by this ordinance. The maximum number of accommodation units shall not exceed nine per approved traveler''-s accommodation with primary lot frontage on boulevard streets. For traveler-is' accommodation without primary lot frontage on a designated boulevard, but within 200 feet of a boulevard, avenue, or neighborhood collector street, the maximum number of units shall be seven. Street designations shall be as determined by the Street Dedication Map in the Comprehensive Plan. Distances to the property from a boulevard, avenue, or neighborhood collector shall be measured via a public street or public alley to a lot line. W. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 square feet of gross interior floor space remaining per unit. 51E. Each accommodation must have one off-street parking space and the business-owner's unit must have two parking spaces. All parking spaces shall be in conformance with chapter 18.4.3. 6#. Only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated, and a maximum of six square feet total surface area is allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the traveler=s' accommodation in accordance with subsection 18.4.4.050.C.1. G. Tr-aveler-'s aeeommodations must met all applieable building, fire, and related safety eodes at all times and must be inspeeted by the Fire Department before oeeupaney following approval of a Conditional Use Permit and periodiealty ther-eafter per-suan AMC 154& t6 7H. An annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson County or the State of Oregon. 1. The business owner- must maintain a eity business heense and pay all transient Of . z in neeor-danee with AAIC 4.24 and AAIC 6.04 as required.- i. Advertising for- any traveler's neeommodation must inelude the City planning aetio-u- number assigned to the land use approval. K. Offering the availability of residential pr-opeirty for- use as a tr-fivel neeommodation without a valid Conditional use Permit approval, eurrent busin heense and Transient Oeeupaney Tax registration is prohibited and Shall be subjed 8L.Transfer of business-ownership of a traveler-is' accommodation shall be subject to all requirements of this section and conform with the criteria of this section. Any further modifications beyond the existing approval shall be in conformance with all requirements of this section. C. Accessory Travelers' Accommodations. In addition to the standards in section 18.2.3.220.A, accessory travelers' accommodations shall meet all of the following requirements. Ordinance No. Page 11 of 17 1. The operator of the accessory travelers' accommodation must be the property owner and the property must be the operator's primary residence. The operator must be present during operation of the accessory travelers' accommodation. 2. The property is limited to having one accessory travelers' accommodation unit, covered under a single reservation and consisting of two or fewer bedrooms. Meals are not provided and kitchen cooking facilities are not permitted with an accessory travelers' accommodation, with the exception of kitchen cooking facilities for the primary residence. 3. The total number of guests occupying an accessory travelers' accommodation must not exceed two people per bedroom. 4. The property must have two off-street parking spaces. The total number of guest vehicles associated with the accessory travelers' accommodation must not exceed one. 5. Signs are not permitted in coniunction with the operation of an accessory travelers' accommodation. SECTION 3. Chapter 18.4.3 [Parking, Access, and Circulation] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.4.3.040 Parking Ratios Except as provided by section 18.4.3.030, the standard ratios required for automobile parking are as follows. See also, accessible parking space requirements in section 18.4.3.050. Table 18.4.3.040 - Automobile Parking Spaces by Use Use Categories Minimum Parking per Land Use (Based on Gross Floor Area; fractions are rounded to whole number.) Residential Categories 2 spaces for the primary dwelling unit and the following for accessory residential units. a. Studio units or 1-bedroom units less than 500 sq. ft. 1 space/unit. Single Family Dwelling b. 1-bedroom units 500 sq. ft. or larger 1.50 spaces/unit. c. 2-bedroom units --1.75 spaces/unit. d. 3-bedroom or greater units 2.00 spaces/unit. a. Studio units or 1-bedroom units less than 500 sq. ft. 1 space/unit. b. 1-bedroom units 500 sq. ft. or larger 1.50 spaces/unit. Multifamily c. 2-bedroom units 1.75 spaces/unit. d. 3-bedroom or greater units 2.00 spaces/unit. e. Retirement complexes for seniors 55-years or greater One space per unit. Parking for Manufactured Home on Single-Family Lot is same as Manufactured Housing Single Family Dwelling; for Manufactured Housing Developments, see sections 18.2.3.170 and 18.2.3.180. Ordinance No. Page 12 of 17 Table 18.4.3.040 - Automobile Parking Spaces by Use Use Categories Minimum Parking per Land Use (Based on Gross Floor Area; fractions are rounded to whole number.) Performance Standards See chapter 18.3.9. Developments Commercial Categories Auto, boat or trailer sales, retail 1 space per 1,000 square feet of the first 10,000 square feet of nurseries and other open-space gross land area; plus 1 space per 5,000 square feet for the excess over 10,000 square feet of gross land area; and 1 space per 2 uses em to ees. 3 spaces per alley, plus 1 space for auxiliary activities set forth in Bowling Alleys this section. Chapels and Mortuaries 1 space per 4 fixed seats in the main chapel. 1 space per guest room, plus 1 space for the owner or manager; Hotels see also, requirements for associated uses, such as restaurants, entertainment uses, drinking establishments, assembly facilities. Offices General Office: 1 space per 500 sq. ft. floor area. Medical/Dental Office: 1 space per 350 s q. ft. floor area. Restaurants, Bars, Ice Cream 1 space per 4 seats or 1 space per 100 sq. ft. of gross floor area, Parlors, Similar Uses whichever is less. Retail Sales and Services General. 1 space per 350 s q. ft. floor area. Furniture and Appliances: 1 space per 750 s q. ft. floor area. Skating Rinks 1 space per 350 sq. ft. of gross floor area. Theaters, Auditoriums, Stadiums, 1 space per 4 seats. Gymnasiums and Similar Uses Traveler'-s' Accommodations 1 space per guest room, plus 2 spaces for the owner or manager. Industrial Categories Industrial, Manufacturing and 1 space per 1,000 sq. ft. of gross floor area, or 1 space for each 2 Production, Warehousing and employees whichever is less, plus 1 space per company vehicle. Freight Institutional and Public Categories Clubs, Fraternity and Sorority 2 spaces for each 3 guest rooms; in dormitories, 100 sq. ft. shall be Houses; Rooming and Boarding equivalent to a guest room. Houses; Dormitories Daycare 1 space per two employees; a minimum of 2 spaces is required. Golf Courses Regular: 8 spaces per hole, plus additional spaces for auxiliary uses. Miniature: 4 spaces per hole. Hospital 2 space per patient bed. Nursing and Convalescent Homes 1 space per 3 patient beds. Public Assembly 1 space per 4 seats Ordinance No. Page 13 of 17 Table 18.4.3.040 - Automobile Parking Spaces by Use Use Categories Minimum Parking per Land Use (Based on Gross Floor Area; fractions are rounded to whole number.) Religious Institutions and Houses 1 space per 4 seats. of Worship Rest Homes, Homes for the Aged, 1 space per 2 patient beds or 1 space per apartment unit. or Assisted Living Schools Elementary and Junior High: 1.5 spaces per classroom, or 1 space per 75 s q. ft. of public assembly area, whichever is greater High Schools: 1.5 spaces per classroom, plus 1 space per 10 students the school is designed to accommodate; or the requirements for public assembly area, whichever is greater Colleges, Universities and Trade Schools: 1.5 spaces per classroom, plus 1 space per five students the school is designed to accommodate, plus requirements for on-campus student housing. Other Categories Parking standards for temporary uses are the same as for primary Temporary Uses uses, except that the City decision-making body may reduce or waive certain development and designs standards for temporary uses. SECTION 4. Chapter 18.4.7 [Signs] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.4.7.060 Residential and North Mountain Sign Regulations Signs in the residential zones and North Mountain Neighborhood District (NM) shall conform to the following regulations. A. Special Provisions 1. No sign or portion thereof shall extend beyond any property line of the premises on which such sign is located. 2. Internally illuminated signs shall not be permitted. 3. Nothing contained herein shall be construed as permitting any type of sign in conjunction with a commercial use allowed as a home occupation, as no signs are allowed in conjunction with a home occupation. Signs in residential areas are only permitted in conjunction with a Conditional Use Permit. B. Type of Signs Permitted 1. Neighborhood Identification Signs. One sign shall be permitted at each entry point to residential developments not exceeding an area of six square feet per sign with lettering not over nine inches in height, located not over three feet above grade. 2. Conditional Uses. Uses authorized in accordance with the chapter 18.5.4 Conditional Use Permits may be permitted one ground sign not exceeding an overall height of five feet and an area of 15 square feet, set back at least ten feet from property lines; or one wall sign in lieu of a ground sign. Such signs shall be approved in conjunction with the Ordinance No. Page 14 of 17 issuance of such Conditional Use Permit. Said signs shall not use plastic as part of the exterior visual effect and shall not be internally illuminated. 3. Retail and Traveler''-s' Accommodation Uses. Retail commercial uses allowed as a conditional use in the Railroad District and traveler=s' accommodations in residential zones shall be allowed one wall sign or one ground sign that meets the following standards, except as otherwise prohibited for accessory travelers' accommodations. a. The total size of the sign is limited to six square feet. b. The maximum height of any ground sign is to be three feet above grade. c. The sign must be constructed of wood and cannot be internally illuminated. 4. North Mountain Neighborhood District (NM) Signs. Signs for approved non-residential uses within the NM-R-1-5, NM-C and NM Civic zones shall be permitted one ground sign not exceeding an overall height of five feet and an area of 15 square feet, set back at least ten feet from property lines; or one wall or awning sign in lieu of a ground sign. Said signs shall not use plastic as part of the exterior visual effect and shall not be internally illuminated. SECTION 5. Chapter 18.6.1 [Definitions] of the Ashland Land Use Ordinance is hereby amended to read as follows: Accessory Travelers' Accommodation. Transient lodging in a residential zone where the property owner resides in a dwelling on its own lot and rents no more than two bedrooms under a single reservation to overnight guests on one or more occasions for a period of less than 30 consecutive days. Group Living. Group living is characterized by the long-term residential occupancy of a structure by a group of people. The size of the group typically is larger than the average size of a household. Group Living structures do not include self-contained units but rather have common facilities for residents including those for dining, social and recreational, and laundry. Residential Care Homes, Residential Care Facilities, and Room and Board Facilities are types of Group Living. - Residential Care Home. A residential treatment or training or adult foster home licensed by or under the authority of the department, as defined in ORS 443.400, under ORS 443.400 to 443.825, a residential facility registered under ORS 443.480 to 443.500 or an adult foster home licensed under ORS 443.705 to 443.825 that provides residential care alone or in conjunction with treatment or training or a combination thereof for five or fewer individuals who need not be related. (See also, ORS 197.660). - Residential Facility. Residential facilities provide housing and care for 6 to 15 individuals who need not be related as defined under ORS 430.010 (for alcohol and drug abuse programs); ORS 443.400 (for persons with disabilities); and ORS 443.880. Staff persons required to meet State-licensing requirements is not counted in the number of facility residents and need not be related to each other or the residents. - Room and Board Facility. Group living establishment located in a dwelling or part thereof, other than a traveler''-s' accommodation or hotel, where lodging, with or without meals, is provided for compensation for a minimum period of 30 days. Personal care, training, and/or treatment is not provided at a room and board facilities. Examples include dormitories, fraternities, sororities, and boarding houses. Ordinance No. Page 15 of 17 Hotel/Motel. A building or portion thereof designed and used for oeeupaney of transient lod in individuals in a non-residential zone for a period of less than 30 days, lodged with or without meals and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services, and recreational facilities. (See ORS 4 6.310) Residential or Residential Use. Long-term occupancy of a dwelling unit, which may be owner-occupied or rented. Occupancy of a dwelling unit for shorter periods (i.e., less than 30 days) of time is considered an overnight accommodation for transient individuals. See also, definitions of Accessory Travelers' Accommodation, Hotel/Motel, and Traveler''-s' Accommodation. Traveler-is' Accommodations. Transient lodging in a residential zone having a room, rooms= or dwellings rented or kept for rent to travelers or transients for a charge or fee paid or to be paid for rental or use of such facilities on one or more occasions for a period of less than 30 consecutive days, as is rental of ° dwelling, building, oN any portion hereof on two or- more oeeasionswithin a 30 day. See also, definition of accessory travelers' accommodation. SECTION 6. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 7. 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 8. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 6-7) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. 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 12015, and duly PASSED and ADOPTED this day of , 2015. Barbara M. Christensen, City Recorder Ordinance No. Page 16 of 17 SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 17 of 17 From: Cindy Ceteras [mailto:cindyconnects@ieffnet.org] Sent: Thursday, March 19, 2015 2:31 PM RECEIVED To: council@ashiand.or.us Subject: Council Contact Form - Cindy Ceteras - 3/19/2015 MAR 19 701,5 Name: Cindy Ceteras Email: cindyconnects@ieffnet.org Subject: Short term travelers' accommodation suggestions Message: Dear council; First I want to thank you for removing the 200 foot limitation for travelers' accommodations in the R-2 R-3 zoning. As you fine tune the conditional use permit, I would like to bring forth two suggestions. This suggestion is about the parking requirements and a limitatio n on the conditional use permit for short term travelers' accommodation. A great number of homes in the Historic District have no driveways or off street parking. Many lots are very narrow. Many old cottages like mine are owned and occupied by a single person who owns one car. I suggest you write the conditional use permit, in the Historic District, to require only one off street parking space and one on street .....and require the conditional use permit to terminate with the present owner, or be renegotiated on sale of property. As an example I live alone, I own one car, and my lot backs up to an alley. I have a garage on the alley which can house one car and the rest of the garage structure has always been an enclosed storage room. Also near my alley property is a fairly new wooden storage shed and raised garden beds, all fenced from the alley. To create a second parking space l would be a difficult and frankly unnecessary undert aking. Th e street side of my lot is wide enough for 2 off street parking spaces. The above suggestion would, I believe, allow a Historic District property owner with one vehicle, to more easily obtain a conditional use permit for a travelers' accommodation and limiting the conditional use permit to the present owner would give the city control over a future use of the property after a sale. My second suggestion is that you make the limits of traveller occupancy to be four people per residence rather than two people per room. Many family units consist of three people who share one room, and many small homes in the Historic District have only one bedroom to offer to travelers. Thank you for taking these suggestions to heart and consideration. Cindy Ceteras i Resident of Ashland 26 years; 16 years in Historic District 541-227-1004 i RECEIVED MAR 2 b 7!115 Letter to the Editor Yes indeed the City Council is to be praised for their dedication to listening over two long years to the transient visitor guest accommodations in residential areas! (Tidings, Wednesday) I was proud to speak to my town's Council, a feeling that democracy is still in some places in tact. I cherish living in such a town. But there is a BUT, a critique I must add to that. There was, in the final voting, a lack of transparency by each council member about why they chose still to exempt R1-- when they had written a very clear and useful set of definitions they applied then only to R2 and 3. It boggles the mind that the Council members did not articulate each one why each thought R1 should not be included. I want to speak about a very silent minority inside this whole discussion. The Planning Commission told us there are 5000 residences in R1. Yet there were only 70some that were shut down by the City ONLY 70some of 5000 chose to try guest accommodations to try to make ends meet! Twenty or so of those spoke out publicly. What of the other 50? What about them, I ask? Did they not care? I was the only speaker who had the courage to talk about personal money hardship. I mean that did take courage for me to say my shame about not being able to make ends meet, to struggle to stay in my home --after a lifetime of productive work. I was beyond shame; I had to speak. I am in my 80th year, handicapped, with few new resources available to me. Grateful, airbnb.com became came a very safe help....... I got to vet everyone who ask for a reservation ...plus I had very interesting guests willing to tell me their stories of handicap and ill-health. I am ashamed that I am in these money straits...... but it is essential that someone speak the reality of why we open a room in our homes to guests. I submit to you that I speak for some large portion of the 50 who chose not to speak out out of some money shame. Money is more taboo than sex. E Kevin Flynn, the Compliance Officer, spoke to each of us, the 70 he shut down, at great length. He knows our stories...... did the Council hear those stories? Do they know the real hardships of a few good people in our midst who were doing something they could do? It is a tempest in a teapot. Does any one really think that allowing these 70 to continue with guests is actually going to over turn the tourist economy for commercial B and Bs? Does anyone really think that the floods gates will open in R1? It didn't before...... and won't after.... and won't affect the beauty and ease of our neighborhoods. i I ask the Council and the community to remember what this is really all about: It is about a few people in hardship trying to be resourceful. Are you all as a Council and a community going to forget how a truly human community actually works? Ruth Resch Ashland i 3 Addendum to my Letter to the Editor --Remember R1 similarity to WWII I am reminded by my daughter that there is national precedent for taking people in times of need. In World War II people took in "boarders". I replied to her that my family and many others took in whole families yet others, took single people into their homes. They made a go of a common economic need. I was a youngster and some of these people were important to me in what they gave me of their personal gifts. It made our families and our community. Now is much the same as WWII, the economy then was not so good for many people so sharing was one of the things they did. We want to pretend our economy is OK, but it isn't, yet. What we are doing in Ashland is a variation on that theme. It is not so much about the tourists as a business but people taking in others in order to stay afloat. Everybody benefits. Nationally we are a people of sharing and giving. As human beings we are people of sharing and sheltering. Thousands of people in Europe took in refugees and around the world during disasters. Ashlanders are growing food in their yards, and raising chickens for eggs. In WW 11 we had "Victory Gardens" and brought a salt shaker to savor the first ripe tomatoes. i These are our "roots" as human beings to take in strangers. This will not endanger } R1. S Ruth Resch Ashland G [t 5 h 6 i a 3 A: g~ 5 i i i RECEIVED 2 6 .5 From: "Ellen C Campbell" <comfy@ashland bnb.com> MAR 201 To: "John Stromberg" <iohn@council.ashland.or.us>, "Michael Morris" <mike@council.ashland.or.usy, "Pam Marsh" <pam _ council.ashland.or.us>, "Greg Lemhouse" <greg@council.,ashland.or.us>, "Carol Voisin" <civoisin _ vahoo.com>, "Rich Rosenthal" <rosenthal@opendoor.com>, "stefani seffinger" <steffi@ashland.or.us> Cc: "Bill Molnar" <molnarb@ashland.or.us> Sent: Thursday, March 26, 2015 11:08:32 AM Subject Update on SF'airbnb law'-- Enforceability To: Mayor Stromberg and City Council, Council's March 17 decision to protect long-term rentals in the R-1 zones was correct bravo! I want to share the latest news from SF in regards to the implementation of the so-called 'airbnb law'. (copied below from the "Public CEO", with link to source) After only a month of enacting the law, the SF Planning Dept. is having issues with enforceability. I'm pretty sure most people who advocated for the SF airbnb law felt that the enforceability objection was spurious - - SF doesn't think it spurious now. You might recall that enforceability was one of ALA's main objections to ATAs, for the exact reasons it is now difficult for SF to enforce its law. Ashland has always had ordinances that has been ahead of its time as it relates to short-term rentals. Where SF and other big cities are now grappling, little but nimble Ashland has made some good decisions along the way. The City created ordinances for traveler's accommodations nearly 40 years ago to protect historic homes, to answer to the demand after the Bowmer opened, and provided alternatives to hotels and camping (yes, camping was a notable alternative in the day). Since then, Ashland's hospitality industry has morphed, overtime answered to lodging demands by providing more licensed cottages and vacation rentals in R2/R3 zones. Your decision to continue to protect R-1 zones was correct and that decision makes enforcement easier as well. Sincerely yours, Ellen i http•//www publicceo com/2015/03/s-f-is-struggling-to-make-good-on-airbnb-regulation/ S.F. Is Struggling to Make Good on Airbnb Regulation Posted by: Next CityMarch 26, 20151n Local Government By Marielle Mondon. San Francisco's attempt to legalize the murky realm of airbnb living in February is already facing its own set of gray-area problems, leading officials to seek new methods of pushing the room- renting company to an officially legal citywide status. The city's Airbnb law allows San Francisco residents to rent out their homes as long as they live there for at least nine months of the year and register as hosts with the city. One reason for this regulation was to discourage property owners from buying San Francisco property solely to offer short-term rentals. As is the case in cities like Portland and New York, Airbnb rentals highlight citywide affordable housing problems in San Francisco. But just one month in, the city's planning department says the law is basically impossible to enforce. From the San Francisco Business Times: To enforce the Airbnb law, the city needs booking data so the planning department can make sure rentals are registered with the city. It also needs a clear limit on the number of days a unit can be rented out each year. Currently, the law says an owner can rent 90 days if they aren't home, but that's difficult to prove. The department also wants more funding to administer the law. It took a prolonged court battle and the state attorney general's zeal to get Airbnb to agree to hand over its list of hosts in New York City, which is wrestling with regulation too. According to Real Estate Weekly, just last week, city council members in NYC "called for increasing the size of the Mayor's Office of Special Enforcement (OSE) in order to address the rising concerns surrounding Airbnb and other short-term rental services." City of Ashland, Oregon / City Council MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL March 17, 2015 Council Chambers 1175 Main Street PUBLIC HEARINGS 1. First reading by title only of an ordinance titled, "An ordinance amending Chapter s 18.2.2, 18.2.3, 18.4.3, 18.4.7, and 18.6.1 of the Ashland Land Use Ordinance relating to definitions and accessory travelers' accommodations in various residential zoning districts" PUBLIC HEARING OPEN: 7:43 p.m. Jordan Parker/137 North Main/Did not support opening R1 zoning for short-term rentals. It would have deleterious effect on achieving the affordable housing goal and greatly reduce rental stock. Short-term vacation rental companies had rapidly developed a well-documented history of running roughshod over long established zoning ordinances creating an enforcement nightmare. He urged Council to preserve the sanctity of single- family zones from commercial activity. Douglas Smith/60 Granite Street/Passing the ordinance would take away the present rights of R-1 owners in favor of new business interests not compatible with protecting residential character. Other towns reliant on tourism had restricted areas. Changing the R-I rules altered the contract the City had with all R-I residents. This was a new trend fostered by short-term vacation rental corporations. Actual results showed that online short-term rentals in Ashland had occupancy that was not yet full. It created unfair competition with Bed and Breakfast and short-term accommodations in legal areas. Linda Smith/60 Granite Street/Described traffic and parking on Granite Street and did not want to see more vehicles parking on the street for short-term rentals in R1 zone. Her neighbors next door were renters given an eviction notice so the property owners could use the house as a short-term vacation rental. It was upsetting because there were already several houses on Granite Street that rented part time. Mary Coombs/70 North Mountain Avenue/Supported the ordinance and did not think enforcement would not be a problem. She explained how the short-term rental companies managed parking and suggested modifying the food restriction to no prepared food. James Orr/407 Clinton StreetNoiced his opposition to the proposal. He had firsthand experience with an illegal rental operation next door. His Home Owners Association also expressed opposition and voted unanimously to oppose the proposal. Half of the homes in his area would be able to apply for a conditional use permit. This was a quality of life issue. He attended most of the Planning Commission meetings regarding short-term rentals in R-1. None of the meetings explained the economic need to expand the number of places available for tourists, or noted a lack of adequate options already available. Adam Lemon/451 North Main Street/Read from the Ashland Municipal Code 2.12 and 2.14 regarding the duties of the Planning Commission and Planning Hearings Board. At the last Planning Commission meeting, the Chair requested a motion to table ATA's in the R-1 zone. Instead, a motion not to allow ATA's in R-1 zones was made that resulted in a split vote. A split vote was not a recommendation to proceed. Council should cease further discussions of the ATA or an ordinance the Planning Commission did not endorse with a unanimous or majority vote. Steve Larson/635 Siskiyou Blvd/Licensing accessory travelers' accommodations (ATA's) in R-1 neighborhoods violated the very essence of the R-1 designation. R-2 and R-3 zones existed for people interested in having a 24-hour a day business. If the ordinance passed, hundreds of owners would apply for a license for ATA's in every neighborhood. Enforcing vehicle traffic, rooms rented, the presence of the proprietor, and kitchen use would be difficult. Jennifer Bacon/602 Fairview/Explained she was one of the former owners of the Ashland Hostel and ran a Bed and Breakfast as well. She was acutely aware of the need for budget accommodations in Ashland. Not having budget accommodations resulted in lost revenue for the city and merchants. Code Compliance Specialist Kevin Flynn had noticed no discernible impact from traffic, parking, or nuisance regarding short-term home rentals. She urged Council to allow short-term vacation rentals in R-1 zones. Kevin Boog/40 Granite Street/Was a long-term renter over 25 years in Ashland and saw rents skyrocket while the availability dwindled. Allowing travelers' accommodations in R-1 zones would limit middle to low income rentals further. He questioned the ability to enforce the new accommodations. There was an illegal travelers' accommodation just a few doors from his place and the owners did not live there. The Code Compliance Officer was aware of the situation but the illegal activity continued. This past fall the owners rented the house to a young couple with a baby on a monthly basis without informing the renters that in the spring it would return to a vacation rental. He was concerned this tactic would catch on. He questioned if the City would put concerns about low rents for tourists over low rents for community members. Ronna Smith-Hileman/570 Siskiyou Blvd/Had lived in a tourist town in the past. Young families could not rent or buy homes resulting in a decline of schools and the town itself. She encouraged Council not to support the ordinance. Laura Smith/1100 Paradise Lane/Disallowing short-term rentals in R-1 zones were arbitrary and discriminatory to property owners. Micro managing individuals' personal decisions regarding their own property over stepped reasonable government oversight. When Council talked about affordable housing, they should recognize and think very clearly about all the property owners just barely living in Ashland whose property taxes help build affordable housing for others. If the City was serious about affordable housing, people who lived in Ashland needed the right to make their own home affordable through whatever gentle means they could employ. Tom DaBois/690 South Mountain Avenue/Reminded Council of conversations over the past two years asking for fair treatment and the same exact opportunities given to every other home based business that have operated harmoniously over the last twenty years and was fair and reasonable. Sidney Taylor for Annie Dunn/Ms. Taylor read Ms. Dunn's statement that explained she was a current owner of the Ashland Hostel and what the Hostel offered. The letter noted the trend during the past two years of long-term rentals ending in spring. The fact that people offering and reserving short-term rentals were good people was not relevant. The real issue at hand was the covenant between the City and the homeowners in R-1 districts. Catherine Moore/473 Maple Way/Respectively requested Council vote no to changing R-1 residential zoning to include short-term rentals. As a long-term renter, she watched affordable long-term rentals slowly diminish over the past five years. She witnessed friends, citizens, and non-citizens transform long-term rentals both legally and illegally into short-term rentals for quick increased profit. After seven years of renting a house in the Rail Road District, new owners evicted her to convert the house into a higher profit generator. A house previously a long-term rental in her neighborhood was being remodeled for short-term use. Larry Chase/509 James Street, Talent/Ran and operated a short-term rental in 2011 from a house he rented. It was successful with no deleterious effect on the neighborhood that many opponents claim would happen. As a non-Ashland resident, he urged the City to pass a reasonable ordinance that allowed short-term accommodations in R-1 zones. He asked Council to revisit the prohibition of renters being allowed to offer accessory travelers accommodations. He cited ordinances that allowed home occupant businesses and renters to conduct businesses from their homes through a lease agreement from the property owner. Steven Richie/1480 Windsor Street/Purchased a house in an R-1 zone and rented it as a short-term vacation rental unaware of the City rules. Disappointed, he sold the property and purchased a legal vacation rental in the C-1 zone. He now had a large mortgage, higher property taxes, and operating expenses but accepted it because the rental was legitimate and legal. Allowing short-term rentals in R-1 zones was unfair to those who followed the rules. His rental was 30% booked for 2015. Other legal short-term rentals were not fully booked. Opening R-1 for short-term rentals would lead to more problems than any small increase in revenue to the City would justify. Val Bachmayer/172 Skidmore Street/Spoke as a former land use planner from Washington state. In a situation like this, they would give written notice to all the residents of any zoning change. Her concern was young families living next to a short- term rental with renters changing every couple of days or weekly. She noted earlier testimony regarding home based businesses and did not know of many with overnight customers. She asked Council before they passed anything to give notice to the residents in the R-1 zone and the opportunity to comment, possibly anonymously. Francisca Amery/860 Ashland Street/Recently moved to the area and spoke on the difficulty of renting due to the money property owners made from short-term rentals. She ended up having to purchase a house. The town she moved from was like Ashland only ten years from now where most of the locals had moved and the town was now full of tourists. She asked Council not to make R-I short-term rentals legal. Ellen Campbell/120 Gresham Street/The proposed ordinance could not protect long- term rental stock. The Planning Commission recognized that and could not unanimously recommend the ordinance. People testifying for the ordinance already had long-term rentals in R-I zones, wanted their rentals legalized or converted to short-term accommodations and would evict long-term renters to do so. If the ordinance passed, there would be less affordable rentals, citywide rent increases, and affordable housing issues would worsen. She urged Council to make the decision best for the whole community. Abby Hogge/1700 Parker Street/Explained her family was able to move back to Ashland by purchasing a foreclosed home. Because of the opportunity they had with a short-term accommodation, they were able to overhaul the home and add value to the neighborhood. They were not scary outlaws but members of the community who also wanted to protect their neighborhoods. According to the last Census, over 50% of Ashland's housing stock went to long-term renters and the average in the state was 35%. She asked Council not to deny this evolution and limit regulations to where no one could participate. There was no evidence showing that host occupied stays had a greater impact than long-term renters did, or a home business. Donald Hunsaker/448 Clinton Street/Strongly opposed short-term rentals in the R-1 zone. It destroyed the sanctity of the R-1 zone. He shared his work experience as a planner noting there was always a greater public good behind each project. He could not find the public good in allowing short-term rentals in the R-I zone. It would become an enforcement nightmare. He supported all the testimony that opposed short-term rentals in the R-I zone. John Baxter/831 Liberty Street/Owned a long-term rental and kept the rent low for affordability. They also rented a room out in their house in a residential zone on a short- term basis and stopped when they discovered it was illegal. When they rented the room there were no complaints from the neighbors and no impact on the neighborhood. It made their house more affordable for them. That was an important consideration because there were many people trying to afford to remain living in Ashland. He thought short- term rentals would be good for the economy. People had raised legitimate concerns. The ordinance would address those concerns. PUBLIC HEARING CLOSED: 8:59 p.m. Community Development Director Bill Molnar confirmed the City allowed accessory travelers' accommodations in R-2 and R-3 zones within 200-feet of a major street or in the Historic District. This left approximately 300 properties not eligible for short-term accommodations. There were 1,500 properties in R-2 and R-3 zones within the 200-feet of a major street that could provide travelers' accommodations. Ashland had an estimated 9,000 homes in Ashland with 50% rented. This was typical of university towns. Planning Commission member Michael Dawkins explained Council had asked the Commission to create an ordinance and discuss whether the Commission supported travelers' accommodations in the R-1 zone or not. The Commission was neutral on the matter. City Administrator Dave Kanner noted during the summer, the total occupancy rate for all available lodging units in Ashland was 75%-80% and had remained constant for years. Hotels held the highest occupancy rates while Bed and Breakfasts had the lowest. Over the course of a year, the occupancy rate for Bed and Breakfasts was well below 50%. The occupancy level for short-term vacation rentals was also below 50% but slightly higher than Bed Breakfasts. Occupancy rates were typically determined July through September. Mr. Molnar explained there were 2,200 properties in R-2 and R-3 zones and 1,500 within 200-feet of a major road. Removing the 200-foot requirement would allow all 2,200 to convert to short-term home rentals. Initially, the 200-foot boundary maintained an equal playing field and controlled traffic. Statistically a travelers' accommodation generated more traffic than a single family home. Since accessory travelers' accommodations (ATA's) were single units, the 200-foot limitations did not apply as much. Commissioner Dawkins added removing the 200-foot rule would disperse short-term rentals throughout the community instead of concentrating them to specific areas. Other Commission discussions noted concern that the R-2 zone was often a "dumping ground" for different uses. Mr. Molnar anticipated some impact on staff if the ordinance passed but did not think they would need additional resources. He explained the current process the Code Compliance Specialist used regarding short-term rentals and went on to describe the application and permit process. The majority of people operated within the confines of their approval. He confirmed that C-1, E- 1, R-2, and R-3 zones could have short-term rentals. The Planning commission had the authority as part of a conditional use permit (CUP) to grant the CUP for a specific period, with a CUP review at an additional charge. This was usually case-by-case and did not happen often. The original travelers' accommodation ordinance had a provision for the first three years the applicant came back and staff processed an administrative Type 1 approval, noticing the surrounding properties as an opportunity for the City to determine complaints. The City charged a fee for each review. After three consecutive years of review, the applicant received permanent approval. The provision repealed ten years ago because there were very few circumstances where owners operated outside the conditions of their initial approval. The home occupation permit allowed hone occupation from 7:00 a.m. to 7:00 p.m. The City was not required to notice every property within the R-1 zone. Notice to properties was required if the City was limiting land use or removing existing land uses. In R-1 zone there were 5,200 properties and 2,200 in the R-2 zone. The CUP would require neighbor notification of any property within 200-feet. Staff defined the parking requirements to resemble parking for a single family home. The requirement intended to limit physical changes to a property that might be more disruptive to the neighborhood. City Attorney Dave Lohman further clarified noticing. The matter before Council was a legislative change and did not require noticing the entire community. Legislative changes tended to benefit some, not all. Mr. Kanner noted the ordinance did not change the definition of travelers' accommodations or repeal the provision that travelers' accommodations were allowed in R-2 and R-3 zones within 200-feet of a major street. Mr. Molnar explained a property owner or a business owner could manage a standard travelers' accommodation and could have one to nine units depending on location. They could provide meals and kitchen facilities. Accessory travelers' accommodations were limited to the homeowner of the property, one unit with one reservation at a time with a maximum of two bedrooms, no more than two people per bedroom. Kitchen facilities were not allowed nor were prepared meals. Standard travelers' accommodations in R-2 and R-3 zones suggested structures be at least 20 years old but were not a requirement. Commissioner Dawkins added the Planning Commission determined if the unit had a kitchen, it could be a long-term rental. The Commission did not assume there would not be a coffee maker, microwave, or a small refrigerator. The unit could have an outside entrance. Councilor Marsh thought the substantive question was whether the short-term rental model undermined the character of the neighborhoods. She did not think it belonged in the R-1 neighborhoods. It made sense to have them in R-2 and R-3 zones outside the 200-foot requirement. Councilor Marsh/Seffinger m/s to approve First Reading of an ordinance amending chapters 18.2.2, 18.2.3, 18.4.3, 18.4.7, and 18.6.1 of the Ashland Land Use Ordinance relating to definitions and Accessory Travelers Accommodations in various zoning districts, and move the ordinance on to second reading with the following amendments: • Table 18.2.2.030 Uses Allowed by Zone, E. Commercial Uses, Accessory Travelers' Accommodation changing "CU+S" to "N" under R-1 and R-1-3.5 to prohibit that use. • 18.2.3.220 Travelers' Accommodation, last line, first paragraph, strike (i.e. more than one guest unit). • C. Accessory Travelers' Accommodations strike (1), (7), and (8). DISCUSSION: Councilor Marsh clarified the amendments would maintain travelers' accommodations as they currently were, within 200-feet in R-2 and R-3 zones. It would allow accessory travelers' accommodations, the rental of a single bedroom, single traveling party, to parts of R-2 and R-3 outside of the 200-foot requirement. It would not allow travelers' accommodation or accessory travelers' accommodations in R-1 or R-1- 3.5. It would also remove the home occupation prohibition on travelers' accommodations per staff recommendation. Councilor Seffinger added it would provide additional housing for travelers without affecting the R-1 zones. It was important to protect affordable housing and encourage diversity in Ashland. Quality of life in R-1 neighborhoods was of paramount concern. Councilor Lemhouse thought the motion presented a compromise and expanded opportunities in R-2 and R-3 zones. The amendments were reasonable and allowed for some expansion of opportunities for commerce in those areas. It was appropriate for the City to zone certain uses throughout the town. Councilor Morris explained there were places in R-1 and R-2 zones where travelers' accommodations would work as well as places in both zones it would not work. It was difficult to tell people what they could or could not do with their property. He would support the motion and was not sure it was the end of the matter. Councilor Voisin visited several travelers' accommodations in town the year before and thought travelers' accommodations would work for the community. Over the past four weeks, she realized there were many people in the R-1 zone concerned with the issue and it changed her mind. Opening up the potential for 2,710 to ATA's was too much. Enforcement would present issues. There was a covenant with R-1 homeowners to keep that zone truly residential. Councilor Rosenthal was concerned of the impact ATA's would have on the affordability of housing. He was not comfortable having them in R-1 and R-1-3.5 zones. Any Council action that created inflationary pressure on property values at a time when affordable housing was a civic priority sent an inconsistent message. He would not support the motion. Roll Call Vote: Councilor Marsh, Voisin, Morris, Lemhouse, and Seffinger, YES; Councilor Rosenthal, NO. Motion passed 5- 1. Mr. Lohman explained a public hearing was not required for the second reading of the ordinance. Council could take public input on the agenda item if they wanted. Traditionally they took public input on the changes only and did not allow the same people who spoke earlier to testify again. Please see March 17, 2015 Council Packet For Planning Action #2014-02053