Loading...
HomeMy WebLinkAbout2015-0630 Special Mtg PACKET CITY OF ASHLAND Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Time permitting, the Presiding Officer may allow oral testimony. If you wish to speak, please fill out the Speaker Request form located 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 SPECIAL MEETING ASHLAND CITY COUNCIL June 30, 2015 Council Chambers 1175 E. Main Street 5:30 p.m. Special Meeting 1. CALL TO ORDER 11. ROLL CALL 111. 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 to speak to complete their testimony.) IV. CONSENT AGENDA 1. Liquor license application for Julia Gurwell, d.b.a. Hearsay 2. Intergovernmental agreements between Emergency Communications of Southern Oregon and the City of Ashland for emergency call and dispatch services. V. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Second reading of an ordinance titled, "An ordinance levying taxes for the period of July 1, 2015 to and including June 30, 2016, such taxes in the sum of $10,728,511 upon all the real and personal property subject to assessment and levy within the corporate limits of the City of Ashland, Jackson County, Oregon" 2. A Resolution Adopting a Supplemental Budget and Increasing Appropriations within the FY 2013-15 Biennium Budget 3. A Resolution Transferring Appropriations within the 2013-15 Biennium Budget VI. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrators office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THL CITY OF ASHLAND'S WEB SITE AT \k'\~'W.ASHLAND.OR.US CITY OF -ASHLAND Council Communication June 30, 2015 Special Meeting Liquor License Application for Julia Gurwell dba Hearsay FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Approval of a Liquor License Application from Julia Gurwell dba Hearsay at 241 Hargadine Street BACKGROUND AND POLICY IMPLICATIONS: Application is for a change in ownership and trade name. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32) and has been reviewed by the Police Department. In May 1999, the council decided it would make the above recommendations on all liquor license applications. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable and has been reviewed by the Police Department. The city council recommends that the OLCC proceed with the processing of this application. SUGGESTED MOTION: Under Consent agenda item, a motion to approve liquor license for Julia Gurwell dba Hearsay. ATTACHMENTS: Liquor License Application Page I of I ~ . j OREGON LIQUOR CONTROL COMMISSION SUN X015 LIQUOR LICENSE APPLICATION Application is being made for: CITY AND +GtlN'~~ USA ONLY LICENSE TYPES gNew TIONS Date application received: (Full On-Premises Sales ($402.60/yr) Change Ownership Commercial Establishment Outlet The City Council or County Commission: Caterer U Greater Privilege ❑ Passenger Carrier JAddition I r'vil a (name of city or county) ❑ Other Public Location Other recommends that this license be: Private Club 40je lVlt/RG ❑ Granted ❑ Denied Limited On-Premises Sales ($202.60/yr) []Off-Premises Sales ($100/yr) By: with Fuel Pumps (signature) (date) © Brewery Public House ($252.60) Name: Winery ($250/yr) Other: Title: 90-DAY AUTHORITY OLCC U Check here if you are applying for a change of ownership at a business that has a current liquor license, or if you are applying for an Off-Premises Application F3ec'd y: Sales license and are requesting a 90-Day Temporary Authority APPLYING AS: Date: []Limited Corporation El Limited Liability []Individuals Partnership Company 90-day authority' ❑ Yes ❑ No 1. Entity or Individuals applying for the license: (See SECTION 1 of the Guide] 0 Round About, LLC OO Q 2. Trade Name (dba): Hearsay 3. Business Location: 241 Hargadine Street Ashland Jackson OR 97520 (number, street, rural route) (city) (county) (state) (ZIP code) 4. Business Mailing Address: 241 Hargadine Street Ashland OR 97520 (PO box, number, street, rural route) (city) (state) (ZIP code) 5. Business Numbers: 541-601-5004 (phone) (fax) 6. Is the business at this location currently licensed by OLCC? *es Flo 7. If yes to whom: / /~I Type of License: -CCU I" 8. Former Business Name: DAZ 9. Will you have a manager? Yes n/'(o Name: "11k. W (ma ger must flit out an individual History form) 10. What is the local governing body where your business is located? Ashland, Oregon (name of city or county) 11. Contact person for this application: Julia Gurwell 541-601-5004 (name) (phone number(s)) 1047 Wildwood Way Ashland OR 97520 gurwellj@gmaii.com (address) (fax number) (e-mail address) f I understand that if my answers are not true and complete, the OLCC may deny my license application. Applicant(s) Signatures and Date: ` O✓ Date I C O I O &Tko Date ® tvv- • At" 3 1-800-452-OLCC (6522) www.oregon.gov/olcc (rev. 0812011) CITY OF ASHLAND Council Communication June 30, 2015 Business Meeting Intergovernmental Agreements between Emergency Communications of Southern Oregon and the City of Ashland for Emergency Call and Dispatch Services FROM: Fire Chief John Karns, john.karns a,ashland.or.us, Ashland Fire & Rescue Chief of Police Tighe O'Meara, tighe.omearanashland.onus, Ashland Police Department SUMMARY The City of Ashland, acting by and through its Police Department (APD) and Fire and Rescue Department (AFR), contracts annually with Emergency Communications of Southern Oregon (ECSO) for emergency call (911) and dispatch services. Council approval of these intergovernmental agreements will allow the City to continue to receive these services through FY 2016. BACKGROUND AND POLICY IMPLICATIONS: All emergency communications and dispatch services in Jackson County are consolidated at ECSO. This allows for greater efficiency, cost-effectiveness and cross-agency cooperation than would be possible without a regional service provider. There is no viable option other than ECSO available to fulfill this role at this time. COUCNIL GOAL SUPPORTED: Public Safety Support innovative programs that protect the community. Municipal Services Provide, promote, and enhance the security/safety, environmental health, and livability of the community. FISCAL IMPLICATIONS: The cost of these two agreements was anticipated and budgeted for by the respective departments. The cost of these contracts are $404,378.83 for the APD and $179.044.30 for AFR; a 4.9% increase over FY 2015. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council approve each of the above noted IGAs and empower the respective department heads to sign the IGAs. SUGGESTED MOTION: I move approval of an intergovernmental agreement between the Ashland Police Department and Emergency Communications of Southern Oregon and an intergovernmental agreement between Page 1 of 2 ~r, CITY OF -A5 H LA N D Ashland Fire and Rescue and Emergency Communications of Southern Oregon and authorize the respective department heads to sign the agreements. ATTACHMENTS: Intergovernmental Agreement between ECSO and APD and between ECSO and AFR. Page 2 of 2 1r, C_ -S0 *0 EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON TELECOMMUNICATIONS CONTRACT This Contract is made and entered into in duplicate this day of 12015, by and between EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON, an unincorporated association of governmental entities organized under ORS Chapter 190, hereafter "ECSO," and ASHLAND POLICE DEPARTMENT hereafter "USER." WITNESSETH: WHEREAS, ECSO is an association of governmental entities organized under an Intergovernmental Agreement under the authority of ORS Chapter 190 and as a "local jurisdiction" under authority of ORS Chapter 403 for the purpose of implementing a primary 911 Public Safety Answering Point, hereafter "PSAP," capable of providing wireline and wireless phase I and phase II telephone services, collectively known as "PSAP Services" received at ECSO for the greater Jackson County area and Crater Lake National Park, and also capable of providing emergent and non-emergent public safety radio communications and dispatch services, to its Users collectively known as "Dispatch Services"; and WHEREAS, ECSO has a fully equipped and staffed telecommunications center, hereafter "CENTER" capable of delivering PSAP Services and Dispatch Services, and WHEREAS, USER desires that ECSO provide it with the aforementioned services, and NOW, THEREFORE, in consideration of the mutual undertakings and obligations set forth herein, the parties covenant and agree as follows: 1. Telecommunications Connectivity and Maintenance: a) ECSO shall have responsibility for maintenance and support of communication lines and equipment and to contract with Century Link, its subsidiaries, successors or other approved Contractors for 911 lines and equipment, and to provide for maintenance of other equipment and software required for effective operation of the system. b) ECSO Information Technology (IT) staff or agents will provide and/or manage the installation, implementation, maintenance and support of ECSO lines and ECSO owned equipment necessary to transmit telephone, radio and wireless signals between the User and ECSO. Except as provided in c) below, User remains responsible for maintenance of its side of the telecommunications link. The cost of accomplishing and maintaining this linkage for all participating agencies will be shared as part of the ECSO technical operating budget. c) Scope 1) Maintain mobile communication terminals as it pertains to dispatch and 911 services provided by ECSO. The cost of any equipment to make such repairs shall be borne by the User Agency. 2) Assist with the User Agency's strategic planning for related projects which they may wish to pursue. 3) Provide connectivity to the MDC interface with CAD. 4) Provide connectivity to the RMS interface. 5) Provide connectivity to the Fire reporting interface. 6) Provide dispatch specific connectivity to the Mercy Flights Ambulance interface. 7) Provide connectivity to the AIRS field reporting system. 2. Services: a) The User shall have local control over the manner in which its calls-for-service are processed and prioritized for dispatch by ECSO. b) The User may only designate a particular procedure change as critical where the change is required by court order or other severe mitigating circumstances. ECSO shall, to the extent possible, implement immediate procedures which accommodate the change. If any such procedure is incompatible with ECSO's operating policies, ECSO shall notify the User of the reasons therefor while still implementing the procedure. The procedure will be implemented, to the extent possible, until such time as both parties can mutually resolve their concerns or bring the matter before the CEO Board for review and recommended action. The CEO Board's decision shall be deemed final and binding. c) If ECSO and the User cannot informally resolve any non-critical dispute as to dispatch procedures, either party may request that the matter be brought before the ECSO CEO Board for resolution. If any such procedure is incompatible with ECSO's operating policies, ECSO shall notify the User of the reasons therefor while still implementing the procedure. The procedure will be implemented, to the extent possible, until such time as both parties can mutually resolve their concerns or bring the matter before the CEO Board for review and recommended action. The CEO Board's decision shall be deemed final and binding. d) E'CSO shall train its personnel in those User procedures and regulations which may be deemed necessary to provide effective service. ECSO will provide orientation to User personnel as may be requested by the User. e) Scope 1) Provide PSAP Services on a 24/7 basis. 2 2) Provide Dispatch Services 24/7, including status keeping and after-hours call- outs. 3) Perform pages and notifications per User agency procedure, or upon demand. 4) Perform radio and/or MDC broadcasts of administrative messages, attempts to locate and all-points bulletins. 5) Provide law enforcement access to DMV, NCIC, LEDS and as reasonably feasible, other Jackson County regional information systems as requested by eligible agencies.. 6) Provide for the maintenance and update of the automated Geo-file and Master Street Address Guide. 7) Provide Phase 11 911 mapping within dispatch, and as available to MDC's. 8) Maintain back-up communications systems. 3. Duration and Amendment: a. This Contract shall be for a period of 12 months. The Contract term will begin at midnight on July 1, 2015, and end at midnight on June 30, 2016. USER agrees to notify the ECSO CEO Board Chair, in writing, no later than June 30 of any year for withdrawal effective July 1st of the following calendar year. Failure of USER to so notify ECSO will result in damages not less than the withdrawing party's share of the Agency's annual operations costs for the next fiscal year, as and for liquidated damages. b. This Contract shall be subject to amendment only by written approval of both ECSO and USER. C. All previous contracts with USER for similar services are terminated as of the effective date hereof. 4. User Advisory Groups: a. The Law Enforcement User Advisory Group and the Fire/EMS User Advisory Group may meet monthly, or as may be needed to review dispatch procedures and develop common policies which will enhance mutual operations. b. The USER shall be entitled to one voting representative on the Law and/or Fire/EMS User groups for the purpose of representing the USER's special interests, service requirements and operational role within the Center. 5. ECSO Administrative Responsibility: a. ECSO shall have full authority and responsibility over hiring, training, discipline, scheduling and assignment of personnel assigned to perform and to supervise services provided under this Agreement. ECSO shall have full discretion and authority under emergent conditions to prioritize service among conflicting service 3 demands. b. ECSO may contract to provide services to other agencies at its discretion provided ECSO shall undertake no such obligation which has the effect of diminishing or degrading the level of service provided to the current Users. C. The ECSO Director, or designee will communicate with the User agency on a regular basis to ensure continuity of service. d. Scope 1) Ensure appropriate staffing levels. 2) Provide scheduled system performance and activity reports. 3) Provide quarterly and annual performance reports. 4) Complete and maintain professional certifications. 5) Maintain State and Medical certifications. 6) Review and respond to in-service job performance inquiries. 7) Provide User community support. 6. Performance Standards: a. The CEO Board will review and approve a system for performance measurements. 7. Annual Budget Preparation: Draft budget figures will be developed by ECSO by the end of December of each year. On or about January 15th, the CEO Board will review and recommend modifications to the proposed budget. On or about February 15th the Intergovernmental Council will review and recommend modifications to the proposed budget. ECSO will make the recommended modifications and issue a preliminary budget in March. The budget will be adopted by the CEO Board no later than its June meeting, 8. Financial: a. USER shall pay ECSO the total sum of $404,378.83 in consideration of the services outlined in Paragraph 1 above for the Contract term. This amount shall not increase during the Contract term. b. USER agrees to pay the charges as prescribed at a minimum in four (4) equal installments due each quarter. Payments shall be made to ECSO, 400 Pech Road, Central Point, OR 97502. C. If the installments are paid when due, no interest shall accrue on the unpaid balance of the Contract amount stated in a. above, but any overdue installment shall bear interest at one and three-quarters percent (13% per month from its due date. d. Law user rates are based on 70% of the total budget and fire user rates are based on 30% of the total budget. User rates for FY 2015-2016 are 4.9% over their current user rates for FY 2014-2015. 4 e. State 911 tax revenue reimbursements to ECSO shall be maintained in a separate interest bearing fund independent of the ECSO general fund. 9. Property: During the term of this Contract, ECSO shall ensure the operation of all equipment and property in the CENTER as necessary to provide the services which are to be performed under this Contract, which services shall be in compliance with the operating standards, procedures, and rules adopted by ECSO. 10. Hold Harmless Clause: The parties shall hold each other harmless and shall indemnify the other from any and all causes of action, judgments, claims, damages, or otherwise arising out of its sole and solitary acts. 11. Default: Upon default by USER of the payment terms of this Contract, said default existing for thirty (30) days, ECSO may terminate further provision of communication services to USER upon ten (10) day written notice to cure given to USER. ECSO may also terminate such services for default by USER of any other material term of the Contract upon thirty (30) day written notice to cure given to USER. 12. Arbitration: In the event a dispute arises under the terms of this Contract, the parties shall submit the dispute to binding arbitration in accordance with ORS Chapter 36. Notice of intent to arbitrate shall be given in writing to the other party. Within ten (10) business days of the Notice of Intent to Arbitrate, ECSO shall request a list of seven (7) names from the Jackson County Court Annexed Arbitrator List. The parties shall alternately strike one name from the list until only one name from the list remains. The USER shall strike first. The remaining individual shall be the Arbitrator. The striking shall be conducted no longer than ten (10) business days after receipt of the list. The rules applicable to the arbitration shall be the same as if the matter were being heard in a court annexed arbitration proceeding in Jackson County, except to the extent such rules address appeal or other recourse to the Court as the intent of the parties is that such arbitration be final and binding and the parties agree to be so bound by such decision. Each party shall initially bear the cost of arbitration equally, provided, however, that the prevailing party as determined by the arbitrator shall be entitled to an award by the arbitrator of its reasonable attorney fees and costs of the arbitration. 13. Savings Clause: If, during the period of this Contract, it is determined by judicial or arbitration ruling or by mutual agreement of the parties that a specific clause of the Contract is illegal under federal or state law, the remainder of the Contract not affected thereby shall remain in force. 14. Notices: 5 Any notice required or permitted under this Contract shall be given when actually delivered or forty-eight (48) hours after deposited in the United States Mail as certified mail addressed to the address set forth below or to such other address as may be specified from time to time by either of the parties in writing. ECSO: USER: EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON 400 Pech Road Central Point, OR 97502 15. Signators: Signators to the Contract shall be: a. For ECSO: An authorized representative of ECSO. b. For USER: An authorized representative of USER. IN WITNESS WHEREOF, the parties hereto execute this Contract. ECSO USER CEO Board, Chairman (Signature) Date (Print Name) Date APPROVED AS TO FORM: Martial E. Henault, ECSO Legal Counsel Date 6 C S EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON TELECOMMUNICATIONS CONTRACT This Contract is made and entered into in duplicate this day of , 2015, by and between EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON, an unincorporated association of governmental entities organized under ORS Chapter 190, hereafter "ECSO," and ASHLAND FIRE DEPARTMENT hereafter "USER." WITNESSETH: WHEREAS, ECSO is an association of governmental entities organized under an Intergovernmental Agreement under the authority of ORS Chapter 190 and as a "local jurisdiction" under authority of ORS Chapter 403 for the purpose of implementing a primary 911 Public Safety Answering Point, hereafter "PSAP," capable of providing wireline and wireless phase I and phase 11 telephone services, collectively known as "PSAP Services" received at ECSO for the greater Jackson County area and Crater Lake National Park, and also capable of providing emergent and non-emergent public safety radio communications and dispatch services, to its Users collectively known as "Dispatch Services"; and WHEREAS, ECSO has a fully equipped and staffed telecommunications center, hereafter "CENTER" capable of delivering PSAP Services and Dispatch Services, and WHEREAS, USER desires that ECSO provide it with the aforementioned services, and NOW, THEREFORE, in consideration of the mutual undertakings and obligations set forth herein, the parties covenant and agree as follows: 1. Telecommunications Connectivity and Maintenance: a) ECSO shall have responsibility for maintenance and support of communication lines and equipment and to contract with Century Link, its subsidiaries, successors or other approved Contractors for 911 lines and equipment, and to provide for maintenance of other equipment and software required for effective operation of the system. b) ECSO Information Technology (IT) staff or agents will provide and/or manage the installation, implementation, maintenance and support of ECSO lines and ECSO owned equipment necessary to transmit telephone, radio and wireless signals between the User and ECSO. Except as provided in c) below, User remains responsible for maintenance of its side of the telecommunications link. The cost of accomplishing and maintaining this linkage for all participating agencies will be shared as part of the ECSO technical operating budget. C) Scope 1) Maintain mobile communication terminals as it pertains to dispatch and 911 services provided by ECSO. The cost of any equipment to make such repairs shall be borne by the User Agency. 2) Assist with the User Agency's strategic planning for related projects which they may wish to pursue. 3) Provide connectivity to the MDC interface with CAD. 4) Provide connectivity to the RMS interface. 5) Provide connectivity to the Fire reporting interface. 6) Provide dispatch specific connectivity to the Mercy Flights Ambulance interface. 7) Provide connectivity to the ARS field reporting system. 2. Services: a) The User shall have local control over the manner in which its calls-for-service are processed and prioritized for dispatch by ECSO. b) The User may only designate a particular procedure change as critical where the change is required by court order or other severe mitigating circumstances. ECSO shall, to the extent possible, implement immediate procedures which accommodate the change. If any such procedure is incompatible with ECSO's operating policies, ECSO shall notify the User of the reasons therefor while still implementing the procedure. The procedure will be implemented, to the extent possible, until such time as both parties can mutually resolve their concerns or bring the matter before the CEO Board for review and recommended action. The CEO Board's decision shall be deemed final and binding. c) If ECSO and the User cannot informally resolve any non-critical dispute as to dispatch procedures, either party may request that the matter be brought before the ECSO CEO Board for resolution. If any such procedure is incompatible with ECSO's operating policies, ECSO shall notify the User of the reasons therefor while still implementing the procedure. The procedure will be implemented, to the extent possible, until such time as both parties can mutually resolve their concerns or bring the matter before the CEO Board for review and recommended action. The CEO Board's decision shall be deemed final and binding, d) ECSO shall train its personnel in those User procedures and regulations which may be deemed necessary to provide effective service. ECSO will provide orientation to User personnel as may be requested by the User. e) Scope 1) Provide PSAP Services on a 2417 basis. 2 2) Provide Dispatch Services 2417, including status keeping and after-hours call- outs. 3) Perform pages and notifications per User agency procedure, or upon demand. 4) Perform radio and/or MDC broadcasts of administrative messages, attempts to locate and all-points bulletins. 5) Provide law enforcement access to DMV, NCIC, LEDS and as reasonably feasible, other Jackson County regional information systems as requested by eligible agencies.. 6) Provide for the maintenance and update of the automated Geo-file and Master Street Address Guide. 7) Provide Phase 11 911 mapping within dispatch, and as available to MDC's. 8) Maintain back-up communications systems. 3. Duration and Amendment: a. This Contract shall be for a period of 12 months. The Contract term will begin at midnight on July 1, 2015, and end at midnight on June 30, 2016. USER agrees to notify the ECSO CEO Board Chair, in writing, no later than June 30 of any year for withdrawal effective July 1st of the following calendar year. Failure of USER to so notify ECSO will result in damages not less than the withdrawing party's share of the Agency's annual operations costs for the next fiscal year, as and for liquidated damages. b. This Contract shall be subject to amendment only by written approval of both ECSO and USER. C. All previous contracts with USER for similar services are terminated as of the effective date hereof. 4, User Advisory Groups: a. The Law Enforcement User Advisory Group and the Fire/EMS User Advisory Group may meet monthly, or as may be needed to review dispatch procedures and develop common policies which will enhance mutual operations. b. The USER shall be entitled to one voting representative on the Law and/or Fire/EMS User groups for the purpose of representing the USER's special interests, service requirements and operational role within the Center. 5. ECSO Administrative Responsibility. a. ECSO shall have full authority and responsibility over hiring, training, discipline, scheduling and assignment of personnel assigned to perform and to supervise services provided under this Agreement. ECSO shall have full discretion and authority under emergent conditions to prioritize service among conflicting service 3 demands. b. ECSO may contract to provide services to other agencies at its discretion provided ECSO shall undertake no such obligation which has the effect of diminishing or degrading the level of service provided to the current Users. C. The ECSO Director, or designee will communicate with the User agency on a regular basis to ensure continuity of service. d. Scope 1) Ensure appropriate staffing levels. 2) Provide scheduled system performance and activity reports. 3) Provide quarterly and annual performance reports. 4) Complete and maintain professional certifications. 5) Maintain State and Medical certifications. 6) Review and respond to in-service job performance inquiries. 7) Provide User community support. 6. Performance Standards: a. The CEO Board will review and approve a system for performance measurements. 7. Annual Budget Preparation: Draft budget figures will be developed by ECSO by the end of December of each year. On or about January 15th, the CEO Board will review and recommend modifications to the proposed budget. On or about February 15th the Intergovernmental Council will review and recommend modifications to the proposed budget. ECSO will make the recommended modifications and issue a preliminary budget in March. The budget will be adopted by the CEO Board no later than its June meeting, 8. Financial: a. USER shall pay ECSO the total sum of $179,044.30 in consideration of the services outlined in Paragraph 1 above for the Contract term. This amount shall not increase during the Contract term. b. USER agrees to pay the charges as prescribed at a minimum in four (4) equal installments due each quarter. Payments shall be made to ECSO, 400 Pech Road, Central Point, OR 97502. C. If the installments are paid when due, no interest shall accrue on the unpaid balance of the Contract amount stated in a. above, but any overdue installment shall bear interest at one and three-quarters percent (1% per month from its due date. d. Law user rates are based on 70% of the total budget and fire user rates are based on 30% of the total budget. User rates for FY 2015-2016 are 4.9% over their current user rates for FY 2014-2015. 4 e. State 911 tax revenue reimbursements to ECSO shall be maintained in a separate interest bearing fund independent of the ECSO general fund. 9. Property: During the term of this Contract, ECSO shall ensure the operation of all equipment and property in the CENTER as necessary to provide the services which are to be performed under this Contract, which services shall be in compliance with the operating standards, procedures, and rules adopted by ECSO. 10. Hold Harmless Clause: The parties shall: hold each other harmless and shall indemnify the other from any and all causes of action, judgments, claims, damages, or otherwise arising out of its sole and solitary acts. 11. Default: Upon default by USER of the payment terms of this Contract, said default existing for thirty (30) days, ECSO may terminate further provision of communication services to USER upon ten (10) day written notice to cure given to USER. ECSO may also terminate such services for default by USER of any other material term of the Contract upon thirty (30) day written notice to cure given to USER. 12. Arbitration: In the event a dispute arises under the terms of this Contract, the parties shall submit the dispute to binding arbitration in accordance with ORS Chapter 36. Notice of intent to arbitrate shall be given in writing to the other party. Within ten (10) business days of the Notice of Intent to Arbitrate, ECSO shall request a list of seven (7) names from the Jackson County Court Annexed Arbitrator List. The parties shall alternately strike one name from the list until only one name from the list remains. The USER shall strike first. The remaining individual shall be the Arbitrator. The striking shall be conducted no longer than ten (10) business days after receipt of the list. The rules applicable to the arbitration shall be the same as if the matter were being heard in a court annexed arbitration proceeding in Jackson County, except to the extent such rules address appeal or other recourse to the Court as the intent of the parties is that such arbitration be final and binding and the parties agree to be so bound by such decision. Each party shall initially bear the cost of arbitration equally, provided, however, that the prevailing party as determined by the arbitrator shall be entitled to an award by the arbitrator of its reasonable attorney fees and costs of the arbitration. 13. Savings Clause: If, during the period of this Contract, it is determined by judicial or arbitration ruling or by mutual agreement of the parties that a specific clause of the Contract is illegal under federal or state law, the remainder of the Contract not affected thereby shall remain in force. 14. Notices: 5 Any notice required or permitted under this Contract shall be given when actually delivered or forty-eight (48) hours after deposited in the United States Mail as certified mail addressed to the address set forth below or to such other address as may be specified from time to time by either of the parties in writing. ECSO: USER: EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON 400 Pech Road Central Point, OR 97502 15. Signators: Signators to the Contract shall be: a. For ECSO: An authorized representative of ECSO. b. For USER: An authorized representative of USER. IN WITNESS WHEREOF, the parties hereto execute this Contract. ECSO USER CEO Board, Chairman (Signature) Date (Print Name) Date APPROVED AS TO FORM: Martial E. Henault, ECSO Legal Counsel Date 6 Council Communication June 30, 2015, Business Meeting Second Reading of an Ordinance Levying Taxes for the Period of July 1, 2015, to and including June 30, 2016 FROM: Lee Tuneberg, Finance Director, Administrative Services Department, tuneberl@ashland.or.us SUMMARY On June 16, 2015, the City Council approved the first reading of an ordinance titled, "An Ordinance Levying Taxes for the Period of July 1, 2015 to and including June 30, 2016, such Taxes in the sum of $10,728,511 upon all the Real and Personal Property Subject to Assessment and Levy within the Corporate Limits of the City of Ashland, Jackson County, Oregon"; and moved the Ordinance to its Second Read at a special meeting on June 30, 2015. BACKGROUND AND POLICY IMPLICATIONS: The Council must elect to levy taxes annually, approved by the Budget Committee in either year of the biennium, by a prescribed public process. This is done by ordinance in Ashland. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: Levying Taxes for the Period of July 1, 2015 to and including June 30, 2016, in the sum of $10,728,511, upon all the Real and Personal Property Subject to Assessment and Levy within the corporate limits of the City of Ashland, Jackson County, Oregon. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the second reading by title only of the Ordinance. S]LGGESTED MOTIONS: I move to approve second reading by title only of an ordinance titled, "An Ordinance Levying Taxes for the Period of July 1, 2015 to and including June 30, 2016, Such Taxes in the Sum of $10,728,511 Upon All the Real and Personal Property Subject to Assessment and Levy Within the Corporate Limits of the City of Ashland, Jackson County, Oregon". ATTACHMENTS: Ordinance to levy property taxes ORDINANCE NO. AN ORDINANCE LEVYING TAXES FOR THE PERIOD OF JULY 1, 2015 TO AND INCLUDING JUNE 30, 2016, SUCH TAXES IN THE SUM OF $10,728,511 UPON ALL THE REAL AND PERSONAL PROPERTY SUBJECT TO ASSESSMENT AND LEVY WITHIN THE CORPORATE LIMITS OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON THE PEOPLE OF THE CITY OF ASHLAND ORDAIN AS FOLLOWS: Section 1. That the City Council of the City of Ashland hereby levies the taxes provided for in the adopted budget in the permanent rate of $4.1972 per thousand an amount estimated to be $10,215,200, as well as $513,311 authorized for the repayment of General Obligation Debt and that these taxes are hereby levied upon the assessed value for the fiscal year starting July 1, 2015, on all taxable property within the City. Section 2. That the City Council hereby declares that the taxes so levied are applicable to the following funds: Permanent Rate Bonded Debt Per $ 1,000 General Fund - Operations $ 10,215,200 4.1972 2005 GO Bonds $ 296,460 2011 GO Bonds - Fire Station #2 216,851 $ 10,215,200 $ 513,311 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 , 2015. and duly PASSED and ADOPTED this day of , 2015. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: Douglas M. McGeary, Assistant City Attorney Page 1 of 1 CITY OF ASHLAND Council Communication June 30, 2015, Business Meeting A Resolution Adopting a Supplemental Budget and Increasing Appropriations within the FY 2013-2015 Biennium Budget FROM: Lee Tuneberg, Administrative Services/Finance Director, tuneberl@ashland.or.us SUMMARY The Health Benefits Fund requires further adjustment to avoid a budget violation, in part due to the potential for increased accrued expenses effective for June 30. Some of these costs will not be known until August 2015, at which point it is too late to take corrective action. The adopted BN 2015-17 budget calls for a $500,000 transfer from the Insurance Fund to the Health Benefits Fund. Staff proposes to transfer that money on June 30 rather than July 1, thus making it available for current biennium expenses. Additionally, this supplemental budget recognizes revenues received well beyond those budgeted or anticipated in order to appropriate for their use in both the Health Benefits and Insurance Services funds. BACKGROUND AND POLICY IMPLICATIONS: There are three ways in which to change appropriations after the Budget is adopted. 1. A transfer of appropriations decreases an appropriation and increases another. This is the simplest budget change allowed under Oregon Budget law. This does not increase the overall budget. This is approved by a City Council resolution. 2. A supplemental budget of less than 10 percent of total appropriations within an individual fund follows a process similar to the transfer of appropriations. This process includes a notice in the paper prior to Council taking action. 3. A supplemental budget in excess of 10 percent of total appropriations requires a longer process. This process includes a notice in the paper and a public hearing prior to the council taking action. The proposed resolution identifies and authorizes increased appropriations (Item 42 above) in the following funds: Insurance Fund Appropriation: Personnel Services $20,000 Materials & Services $250,000 Transfer $500,000 Page 1 of 2 CITY OF ASHLAND Health Benefits Fund Appropriation: Materials & Services $841,795 TOTAL APPROPRIATIONS FROM SUPPLEMENTAL 51,611,795 Supplemental Budgets are an accepted means to adjust the budget, recognizing the need for additional appropriations. In most cases the primary cause for a supplemental budget is unanticipated revenue that is beneficial to spend in the current year. In this case a supplemental is needed to recognize added revenue, a transfer of appropriations between two funds and the transfer from contingency for claims costs and a staffing change. Rather than do transfers separately, they are incorporated within the supplemental budget for simplicity's sake. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: Council action will increase the total budget as indicated by the resolution. Doing so is within the limitations of Oregon Budget Law and provides compliance when meeting the identified needs. Per the attached public notice, additional amounts are available to the city from the funds listed. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council approve the proposed resolution. SUGGESTED MOTION: I move approval of a resolution titled "A Resolution Adopting a Supplemental Budget Increasing Appropriations within the 2013-2015 Biennium Budget" as presented. ATTACHMENTS: Proposed Resolution 2015- - Adopting a Supplemental Budget Legal Notice of a Supplemental Budget Page 2 of 2 IWALI&A RESOLUTION NO. 2015- A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET INCREASING APPROPRIATIONS WITHIN THE 2013-2015 BIENNIUM BUDGET Recitals: ORS 294.480 permits the governing body of a municipal corporation to make a supplemental budget for the fiscal year for which the regular budget has been prepared under one or more of the following reasons: a. An occurrence or condition which had not been ascertained at the time of the preparation of a budget for the current year which requires a change in financial planning. b. A pressing necessity which was not foreseen at the time of the preparation of the budget for the current year which requires prompt action. c. Funds were made available by another unit of federal, state or local government and the availability of such funds could not have been ascertained at the time of the preparation of the budget for the current year. d. Other reasons identified per the statutes. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Because of the circumstances stated below, the Mayor and City Council of the City of Ashland determine that it is necessary to adopt a supplemental budget, establishing the following additional appropriations: Insurance Fund Appropriation: Personnel Services $20,000 Materials & Services $250,000 Transfer $500,000 Resource: Miscellaneous Revenues $500,000 Contingency $270,000 To recognize larger than budgeted revenues in the Insurance Fund and to appropriate and transfer to the Health Benefits Fund to pay for unanticipated claims costs and insurance premiums for the self-insurance program. The transfer has been budgeted in BN 2015-2017 and this transfer in BN 2013-15 is in lieu the budgeted for the coming year. Health Benefits Fund Appropriation: Materials & Services $841,795 Resource: Charges for Services $130,000 Miscellaneous Revenues $211,795 Transfer $500,000 Page l of 2 To recognize larger than budgeted revenues in Charges for Services and Miscellaneous Revenues and proceeds from a Transfer made by the Insurance Fund and appropriating to pay for unanticipated claims costs and insurance premiums for the self-insurance program. 1 611 795 TOTAL ALL FUNDS $1,611,795 SECTION 2. All other provisions of the adopted 2013-2015 BIENNIUM BUDGET not specifically amended or revised in this Supplemental Budget remain in full force and effect as stated therein. SECTION 3. This resolution was duly PASSED and ADOPTED this day of June, 2015, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of June, 2015: John Stromberg, Mayor Reviewed as to form: Douglas M. McGeary, Assistant City Attorney Page 2 of 2 Public Notice of Supplemental Budget A resolution adopting a supplemental budget for the City of Ashland, Jackson County, State of Oregon, for the biennium July 1, 2013 to June 30, 2015, will be considered at the Civic Center, 1175 East Main Street, Ashland, Oregon as part of the City's special meeting on June 30, 2015, at 7:00 p.m. A copy of the supplemental budget document may be inspected or obtained on or after June 25, 2015, at the Administrative Services Department, 20 East Main, Ashland, Oregon 97520 between 8:30 a.m. and 4:30 p.m. A summary of the supplemental budget is presented below. Insurance Fund Resources Requirements Miscellaneous Revenues $ 500,000 Contingency $ 270,000 $ 770,000 Personnel Services $ 20,000 Materials & Services $ 250,000 Transfer to Health Benefits Fund $ 500,000 $ 770,000 Health Benefits Fund Resources Requirements Charges for Services $ 130,000 Miscellaneous Revenues $ 211,795 Transfer from Insurance Fund $ 500,000 $ 841,795 Materials & Services $ 841,795 $ 841,795 To appropriate in the Insurance Fund an operating transfer to the Health Benefits Fund made possible by increased revenue in the Miscellaneous Revenues line item. The transfer will go toward paying increased premium and claims cost for the self-insured Health Benefits Fund. Also, to transfer appropriations from Contingency within the Insurance Fund to appropriate for unanticipated costs relating to claims, coverage and management. To appropriate in the Health Benefits Fund for increased insurance claims and premium costs, funded by increased Charges for Services and Miscellaneous Revenues and a transfer from the Insurance Fund. The transfer is budgeted in biennium 2015-2017 but needed by end of this fiscal year. TOTAL ALL FUNDS Resources Requirements $ 1,611,795 $ 1,611,795 CITY OF -ASHLAND Council Communication June 30, 2015, Business Meeting Resolution Transferring Appropriations within the Biennium 2013-15 Budget FROM: Lee Tuneberg, Finance Director, Administrative Services Department tuneberl@ashland.or.us SUMMARY In reviewing final payments and estimates for bank charges and service fees, staff has identified the need to transfer appropriations to maintain compliance with Oregon Budget Law. The proposed resolution summarizes the transfer request between departments in the Central Service Fund. BACKGROUND AND POLICY IMPLICATIONS: There are three ways in which to change appropriations after the budget is adopted. 1. A transfer of appropriations decreases an appropriation and increases another. This is the simplest budget change allowed under Oregon Budget law. This does not increase the overall budget. This is approved by a City Council resolution. 2. A supplemental budget of less than 10 percent of total appropriations within an individual fund follows a process similar to the transfer of appropriations. This process includes a notice in the paper prior to Council taking action. 3. A supplemental budget in excess of 10 percent of total appropriations requires a longer process. This process includes a notice in the paper and a public hearing prior to the council taking action. The proposed resolution identifies and authorizes one transfer of appropriations in the Central Servcie Fund of $30,000. This is the third transfer of appropriations request for 2013-15 and represents less than 0.1% of adopted appropriations for the biennium. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: Transfers of appropriation do not increase or decrease the adopted budget. Transfers between appropriation categories only reflect a change in anticipated activities. A transfer of appropriations using contingency do cause a reduction in the potential ending fund balance of each fund having a transfer and impact the carry forward balance for the following fiscal year. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council approve the proposed resolution. Page 1 of 2 ~r, CITY OF -ASHLAND SUGGESTED MOTION: I move to adopt a resolution titled "A Resolution Transferring Appropriations within the 2013-15 Budget" as presented. ATTACHMENTS: Proposed Resolution Transfer Request Memo Page 2 of 2 ~r, RESOLUTION NO. 2015 - A RESOLUTION TRANSFERRING APPROPRIATIONS WITHIN THE 2013-2015 BIENNIUM BUDGET THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Because of the circumstances stated below, the Mayor and City Council of the City of Ashland determine that it is necessary to transfer appropriations as follows: Central Service Fund To: City Recorder $30,000 From: Administrative Services Department $30,000 To transfer appropriations from Administrative Services Department to the City Recorder Department to cover the additional cost of merchant fees associated with credit cards. TOTAL To: Department/Division Appropriations 30 000 From: Department/ Division Appropriations $30,000 SECTION 2. This resolution was duly PASSED and ADOPTED this day of June, 2015, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of June, 2015: John Stromberg, Mayor Reviewed as to form: Douglas M. McGeary, Assistant City Attorney Page I of 1 CITY C >F -ASH LAN D Budget Transfer Request Date: 6/24/2015 Department: Administrative Services Explanation of request: Bank charges and service fees for the biennium have far exceeded any project done in 2013. This cost overrun was partially addressed as part of a transfer of appropriations on June 16, 2015, based upon projections from the may 31 financial report. But, more recent invoices reflect even higher charges relating to customers paying for city services with credit cards. An adjustment to the 2013-2015 budget is needed to avoid a budget violation and further research is scheduled for 2015-2016 to effectively address this trend. Transfer From Account Number Line Item Name Amount $30,000.00 Total Amount of Transfer $ 30,000.00 Transfer To Account Number Line Item Name Amount $ 30,000.00 Total Amount of Transfer $ 30,000.00 Requested By: Approved By: Department Head