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HomeMy WebLinkAbout2016-019 Contract - Matrix Consulting Group Contract for PERSONAL SERVICES of $49,000 P.SH4 9y CONSULTANT: Matrix Consulting Group z; CONTACT: Richard Brady, President ors OR EP^'`a EG ADDRESS: 201 San Antonio Circle, Suite 148 340S. Pioneer Street Mountain View, CA 94040 Ashland, Oregon 97520 Telephone: 541/488-5340 TELEPHONE: 650-858-0507 Fax: 541/488-5314 DATE AGREEMENT PREPARED: December 24, 2015 FAX: 650-917-2310 BEGINNING DATE: January 25, 2016 COMPLETION DATE: March 9, 2016 COMPENSATION: $49,000 per attached proposal. SERVICES TO BE PROVIDED: Per scope of work outlined in Parks RFP and contractor's RFP response, Matrix Consulting Group will conduct the Ashland Parks and Recreation Performance Evaluation for $49,000, inclusive of professional fees and travel expenses. Costs paid out as follows.. PM / Lead Analyst: $14,000 Project Analyst: $22,800 Consultant: $8,000 Project Expenses: $4,200 Total: $49,000 ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said prima City of Ashland Contract. FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided, (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $20,142.20 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to an Subcontractor who performs 50% or more of the service work under Contract for Personal Services, Revised 07108/2014, Page 1 of 6 this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers Contract for Personal Services, Revised 07/08/2014, Page 2 of 6 Consultant: City of Ashland By By Signature Department Head Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with I(?~ the signed contract. Purchase Order No. OVED AS TO FORM Ast an Asst. ity ttomey Dat l Z- Contract for Personal Services, Revised 07/08/2014, Page 4 of 6 b. Professional L' n nce wit ombined single limit, or the equivalent, of not less than Enter one: $200,000, $500,00 , $1,000,00 o Not Applicable for each claim, incident or occurrence. This is to cover damages cause y error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nona ppropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated b reference. Contract for Personal Services, Revised 07/08/2014, Page 3 of 6 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. 4 (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's Compliance with Tax Laws. 1. Contractor must, throughout the duration of this Contract and any extensions, comply with all tax laws of this state and all applicable tax laws of any political subdivision of this state. 2. Any violation of subsection 1 of this section shall constitute a material breach of this Contract. Further, any violation of Contractor's warranty that Contractor has complied with the tax laws of this state and the applicable tax laws of any political subdivision of this state also shall constitute a material breach of this Contract. Any violation shall entitle City of Ashland to terminate this Contract, to pursue and recover any and all damages that arise from the breach and the termination of this Contract, and to pursue any or all of the remedies available under this Contract, at law, or in equity, including but not limited to: a. Termination of this Contract, in whole or in part; b. Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Contractor, in an amount equal to State's setoff right, without penalty; and c. Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief. City of Ashland shall be entitled to recover any and all damages suffered as the result of Contractor's breach of this Contract, including but not limited to direct, indirect, incidental and consequential damages, costs of cure, and costs incurred in securing a replacement contractor. These remedies are cumulative to the extent-tlhr reme ies are not inconsistent, and City of Ashland may pursue any remedy or remedies singly,rd lectively, suc essively, or in any order whatsoever, Contractor (Date) r CITY • . OREGON EXHIBIT B City ® Ashland LIVING WAG per hour effective June 30, 2015 OW (Increases annually every June 30 by the ®r 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 tot the has received financial amount of wages received by . assistance for the projector the employee ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ dote: ~'Lmpi employer and the City of oye6' does not $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 hvelve- Ashland including the Parks month ; eriod. For more ➢ For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends pciicy, please see Ashland 50% or more of the ➢ In calculating the living wage, Municipal, Code Section employee's time in that month employers may add the value x.12.020. working on a project or of health care, retirement, additional For 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 m i.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 $50,000, Revised 06/02/2015, Page of 6 Z V7 D m m m ~ I D D m -i m ~U) N~ ~ OC°D X ZM>x O D y C7 U) do z co -zi O z o Ln 0 U) Z < Oq c)~ zI n oz z r- ~O OM Z0 C) O c Z O o O ~-n zo O C i°z Oz -1 0T~D X o ~ (A o z mr mD O zZ z o mo m C - - cn O ' o T m N Cl) m 00 o 0 z 0 to m 0 rn -_I m G) O v m Z -a ~ 14%) n m r n m r;- C/) Z Z p x w o n ~N Z MOL m n o a to C cn L m r z D m n cr) w m I MATRI-2 OP ID: JP A~~R© CERTIFICATE OF LIABILITY INSURANCE 1 D2/18/201YY) F12/18/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . CONTACT PRODUCER NAME: Select Accounts Department Suhr Risk Services PHONE 408_510-5440 IFAX A/c No 5300 Stevens Creek Blvd. A/c No Ext San Jose, CA 95129 AE-MAJL DDRESS: Select Accounts Department INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Sentinel Insurance Company,Ltd 11000 INSURED Matrix Consulting Group LTD INSURER B : Landmark American Insurance Cc 33138 201 San Antonio Circle, #148 Mountain View, CA 94040 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR LIMITS INSR TYPE OF INSURANCE L POLICY NUMBER MMIDDY/YYYY MM DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE OCCUR X 57SBAAT1347 08/08/2015 08/08/2016 PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY PRODUCTS - COMP/OP AGG $ 4,000,000 F-] PRO ❑ LOC JECT OTHER: AUTOMOBILE LIABILITY Ea aBINEDtSINGLE LIMIT $ 2,000,000 A ANY AUTO X 57SBAAT1347 08/08/2015 08/08/2016 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS NAUTOS ON OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1,000,000 A X EXCESS LIAB CLAIMS -MADE 57SBAAT1347 08/08/2015 08/08/2016 AGGREGATE $ 1,000,000 DED X RETENTION $ 10,000 $ WORKERS COMPENSATION X PER OTH- STATUTE ER AND EMPLOYERS' LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N 57WECV05142 08/08/2015 08/08/2016 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? F-] N/A 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Professional Liab LHR827307 08/08/2015 08/08/2016 Ea Claim 1,000,000 Retro.Date 3/25/15 Aggregate 3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Ashland Parks & Recreation Performance Evaluation The City of Ashland, Oregon, and its elected officials, officers and employees are named as Additional Insured as respects to general liability and auto liability. Insurance is primary and non-contributory. Notice of Cancellation to the City of Ashland is endorsed per attached form SS1223. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Risk Manager 20 East Main Street AUTHORIZED REPRESENTATIVE Ashland, OR 97520 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 57 SBA AT1347 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON-ORGANIZATION City of Ashland, OR Its elected officials, officers and employees 20 East Main Street Ashland, OR 97520 Form IH 12 00 11 85 T SEQ. NO. 001 Printed in U.S.A. Page 001 Process Date: 05/27/15 Expiration Date: 08/08/16 POLICY NUMBER: 57 SBA AT1347 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance. (7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurer's share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below. applicable limits of insurance of all insurers. (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not Paragraphs (a) and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured - Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured - Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s) or organization (s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any "occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C. is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured - Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s) or organization(s) shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of the premises leased to you and shown in the b. With respect to the insurance afforded to Declarations. these additional insureds, the following additional exclusions apply: b. With respect to the insurance afforded to these additional insureds, the following This insurance does not apply to: additional exclusions apply: (1) Any "occurrence" that takes place This insurance does not apply to: after you cease to lease that land; or (1) Any "occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises; or performed by or on behalf of such person or organization. (2) Structural alterations, new 6. Additional Insured - State Or Political construction or demolition operations performed by or on behalf of such Subdivision - Permits person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Insured - State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, except such operations performed (1) "Bodily injury", "property damage" or at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality; or (g) Products which, after distribution (2) "Bodily injury" or "property damage" or sale by you, have been labeled included in the "product-completed or relabeled or used as a operations" hazard. container, part or ingredient of any 7. Additional Insured - Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor; or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (i) The exceptions contained in business and only if this Coverage Part Subparagraphs (d) or (f); or provides coverage for "bodily injury" or "property damage" included within the (ii) Such inspections, "products-completed operations hazard". adjustments, tests or servicing as the vendor has agreed to b. The insurance afforded to the vendor is make or normally undertakes subject to the following additional exclusions: to make in the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8. Additional Insured - Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured - (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original container; Form SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. - Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance 9. Additional Insured - Owners, Lessees Or is available to an additional insured is described in Contractors - Scheduled Person Or the Other Insurance Condition in Section E. - Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured - Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional (5) Newspaper; insured(s); or (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include: "products-completed operations a. The design, printed material, information hazard". or images contained in, on or upon the b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products; or does not apply to "bodily injury", "property b. An interactive conversation between or damage" or "personal an advertising injury" arising out of the rendering of, or among persons through a computer network. the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi-trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include 10. Additional Insured - Co-Owner Of Insured "mobile equipment". Premises 5. "Bodily injury" means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured - Co- Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. premises shown in the Declarations. 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 POLICY NUMBER: 57SBAAT1347 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other If notice is mailed, proof of mailing to the last known than for non-payment of premium, notice of such mailing address of the certificate holder(s) on file with cancellation will be provided at least thirty (30) days the agent of record or the Company will be sufficient in advance of the cancellation effective date to the proof of notice. certificate holder(s) with mailing addresses on file Any notification rights provided by this endorsement with the agent of record or the Company. apply only to active certificate holder(s) who were issued B. If this policy is cancelled by the company for non- a certificate of insurance applicable to this policy's term. payment of premium, or by the insured, notice of Failure to provide such notice to the certificate holder(s) such cancellation will be provided within ten (10) will not amend or extend the date the cancellation days of the cancellation effective date to the becomes effective, nor will it negate cancellation of the certificate holder(s) with mailing addresses on file policy. Failure to send notice shall impose no liability of with the agent of record or the Company. any kind upon the Company or its agents or representatives. Form SS 12 23 06 11 Page 1 of 1 © 2011, The Hartford I REQUEST FOR PROPOSALS PERFORMANCE AUDIT OF ' ASHLAND PARKS AND RECREATION d 0 O 4' & RECR DATE: OCTOBER 7, 2015 ASHLAND PARKS & RECREATION COMMISSION MICHAEL A. BLACK, DIRECTOR 340 S PIONEER STREET ASHLAND, OREGON 97520 541-488-5340 GENERAL INFORMA'T'ION The Ashland Parks and Recreation Commission (the "APRC") was established in 1908 through the adoption of a City Charter by the electors of the City of Ashland. The APRC is governed by an elected Commission (the "Commission and is charged with the following: The said Park Co missiot shall have control and management of all the lauds here dedicated fo- park purl)oses crrtd of all other lands that may hereofter be acquired by the City for such ptapo.ses. The), shall have control and management of all park f ma's, whether the same is obtained b}, taxation, donation or• otheriNse, and shall expend the same judiciously for beauto,ing and improving the City's hark. City ofAshlaud, Oregon Charter Article,VIX - Park Commission; Section 3. APRC is considered a "Component Unit" of the City of Ashland for the purposes of financial reporting. The Commission has complete authority to create, maintain and manage all parks lands, fiords and policies within APRC and does so independently from the City of Ashland; however, the APRC maintains an interdependent relationship with the City on many different management areas (finance, legal and human resources). A copy of the current MOU between the City and APRC is attached as well as the City Charter.Together, these documents describe the details of the aforementioned relationship with the City of Ashland. ARPC seeks proposals from consulting firms ( "Firms experienced in performance audits of Parks and Recreation Districts and City Parks and Recreation Departments as well as Tourism and/or experience with GOA standard performance audits for municipalities and special districts. We encourage Firms to submit comprehensive proposals. Proposals should offer the highest quality of service and enhancements to improve the APRC organization and its programs, services, efficiencies and return on dollars invested in programs through direct revenue and tourism-related benefits. The Commission is particularly interested in ensuring parks and recreation operations are managed as efficiently as possible to ensure that the needs of the community are met, tourism is maintained or expanded and the APRC has the ability to achieve the highest return on investments and programs. As required by government performance audltnng standards, results will be reported to the Commission in a public meeting. APRC serves a resident population of about 20,000 people. In addition, Southern Oregon University has a transient population of about 5,000 students. The Oregon Shakespeare Festival and other tourism-related activities, including historic Lithia Park, the 41h of July celebration and many other events bring another 300,000+ visitors to the City each year. APRC employs 44.8 FTEs and operates with a biennial budget of $12,245,141, and $4,316,436 for capital improvements. ARPC's operating budget is separated into three general divisions: a) Administration b) Parks Operations c) Recreation Operations Ashland Parks and Recreation Commission 2 RIT for Petformance Audit - Parks and Recreation October 7, 2015 Funds for operations are received from the taxes levied by the City of Ashland and distributed to the Parks Fund through the City's budgeting process. The budget document can be found at: http://1vNvev.aslilatid.oi-.tis/SIB/files/WEE3%20BUDGET%2007-15-15.pdf APRC provides a wide range of services that include park maintenance, a senior center, swimming pool, ice rink, nature center, sports fields, an historic park, three recreation facilities, forest management and a golf course. PROPOSAL PROCESS Time Table - - - - - Distribution of RFP October 7, 2015 Proposal Submission Due Date November 4, 2015 by 5:00 P.M Commission Approval of Recommended Services November 23, 2015 Audit Period (Field Work) Week of January 18, 2016 (or ASAP) Delivery of Final Audit Report March/April 2016 (or ASAP) Ashland Parks and Recreation Commission 3 RFP for Peiforutance Audit- Parks and Recreation Oclober 7, 2015 Ashland Parks and Recreation Commission Services Delivered & Blldeet/Performance Backmround: PARKS OPERATIONS DIVISION Services Delivere{k The Parks Operations Division operates, maintains, plans and constructs parks and recreational facilities within the APRC system. It administers open space areas and rehabilitates existing infrastructure items. The division manages over 700 acres of land and 39 miles of multi-use trails. The Parks Operations Division houses the Parks and Recreation Administration budget and is responsible for the following programs: 1. Park patrol 2. Forestry 3. Horticulture 4. Trails 5. Natural Rcso[u'CeS b. Construction programs Goals of this program include: 1. Preserve natural areas, protect and enhance our environment 2. Evaluate current conditions of facilities and identify deficiencies that need correction 3. Contribute to the economic viability of our community 4. Ensure continued safety within the parks and recreation system while maintaining park police/patrol section goals 5. Provide a safe environment for community members using the parks and recreation system RECREATION SERVICES DIVISION Services Delivered: The Recreation Division provides recreational and educational opportunities for participants of all ages including aquatics, health and fitness classes, senior services and programs, environmental education programs, and lifetime activities. The division oversees operations of. 1. Daniel Meyer Pool 2. Ashland Rotary Centennial Ice Rink 3. North Mountain Park Nature Center 4. Ashland Senior Center 5. Indoor and outdoor facility rentals b. Adult, youth and adapted recreation programs 7. Oak Knoll Golf Course ,tshland Parks and Recreation Commission 4 W for Performance,4udit Parks and Recreation October 7, 2015 The Recreation Services Division also assists in coordinating and operating special events including Rogue Valley Earth Day, the Ashland Community Bike Swap, Migratory Bird Day, and the Annual Bear Creek Salmon Festival. coals of the Recreation Division include: 1. Providing high quality recreation programs for the community at an affordable cost; 2. Providing opportunities for recreational and educational activities; 3. Establishing appropriate fees based on direct costs of activities; 4. Promoting lifetime activities; 5. Providing opportunities for community members to interact with one another and improve health and social well-being for our community; 6. Providing ongoing evaluation of recreation programs to ensure current and future relevance; 7. Contributing to the economic viability of our community; and, 8. Supporting education related to environmental issues. IeY 2015-17 PARKS AND RECREA'T'ION ANTICIPATED ACCOMPLISHMENTS: APRC has adopted a set of goals to guide the organization for the current biennium (2015-17). Al'RC will directly implement all of the goals in the approved 2015-17 goals document. The top five goals are: 1. Facilitate a partnership between Parks and Recreation and a community partner, such as the YMCA, SOU and Ashland School District to build new competition-style year-round indoor swimming pool for the community. 2. Work with the City to facilitate the full transfer of The Grove into the long-term care and control of APRC. l 3. Move forward with sidewalks on Winburn Way and Clay Street Dog Park. 4. Update Trails and Open Space Comp Plan 5. Move forward with the process of selection for a consultant for the Lithia Park Master Plan and begin planning process. Ashland Parks and Recreation Commission 5 JU,T for Performance Audit - Parks and Recreation October 7, 2015 PROPOSAL PROCESS (CONTINUED) APRC has made every effort to include sufficient information within this RFP for a Finn to prepare a responsive, cornprelrcnsive proposal that addresses each component of the scope of services (see Page 7). In order to achieve an equitable dissemination of information and provide staff and the Commission with the opportunity to evaluate proposals, the timing of the proposal process is as follows: 1. Distribution of Request for Proposal: October 7, 2015 2. Proposal Submission: Proposals must be delivered by mail or hand delivered directly to APRC no later than November 4, 2015 by 5:00 PM. Late submissions after- the deadline or proposals delivered via fax or email will not be accepted. A PDF proposal copy and one unbound proposal copy and a total of ten (10) identical proposal copies must be submitted and labeled as follows: Ashland Parks & Recreation Commission 340 S. Pioneer Street Ashland, OR 97520 ATTENTION: Michael A. Black, Director michael.black@aslilaiid.oz•.us 541.552-2251 "SEALED PERFORMANCE AUDIT PROPOSAL ENCLOSED" 3. Proposal Review: The Commission's four-member Audit Advisory Committee will evaluate and rank each proposed submittal. It is anticipated that the review process will be completed by early November, prior to the November 16, 2015, Parks Commission study session. Please provide the preferred contact representative information to answer questions regarding the proposal dining the review process. 4. Notification: We anticipate sending email notification to all Firms regarding the outcome of the review and contract award process after the Parks Commission public business meeting on November 23, 2015. The Audit Advisory Committee is expected to make a recommendation to the Commission based on the stated Fvaluation Proposal criteria in Exhibit A. 5. Audit timeline and follow-up activities: The Firm awarded the work will be expected to begin the audit as soon as possible, with a preferred start date of no later than January 18, 2016. Audit fieldwork is expected to be completed as soon as possible with a final report to the Commission in March or April of 2016. Please provide the Firm's expected timetable for field work and completion of the audit within the proposal. We will make every effort to administer the proposal process in accordance with the terms and dates discussed in the RFP; however, we reserve the right to modify the proposal process and dates as deemed necessary. Ashlond Parks and Recreation Commission 6 W for Performance Audit - Parks and Recreations October 7, 2015 PRIMARY SCOPE OF SERVICES The APRC audit will be performed wider GAO government audit standards (the yellow book) where feasible and cost effective, although Fit-ins submitting a bid will not have to be officially certified under GAO's peer review process. The successfid Firm will focus its efforts in this engagement according to the requested scope of specific services detailed below in this section. Proposed consulting services must include analysis and report findings and recommendations in the following I areas: PARKS AND RECREATION PERFORMANCE AUDIT- CORE AUDIT SCOPE AREAS: 1. Staffing and Management a. Determine the efficiency and effectiveness of APRC by assessing past and proposed staffing and operating structure. Are the job descriptions, duties, and supervisory oversight appropriate based on how staff actually spends time and skills needed to be successful in these positions? Is the operation functioning as well as expected? Is APRC providing adequate training and education for staff? 2. Effectiveness of Programs a. Evaluate the effectiveness and efficiencies of APRC operations and programming and how they compare to established benchmarks, What benchmarks or standards can be used to evaluate APRC programs and operations? b. How does APRC compare to other parks and recreation organizations for i generating revenue? What, if any, benchmarks or standards are available to help APRC determine how well it generates revenue from recreational E programs? I c. Compare APRC to other parks departments and districts to identify the ratio of revenue generated by fees and registrations versus subsididies. Assess whether to increase fees and registrations to allow for more self-sufficiency. Should any program(s) be out-sourced or adjusted? If so, why? 3. Partnerships a. Review APRC working relationship with partnerships both contracted and informal (not contracted). Are partnerships fiuictioning as intended? Are there any duplications of services? Is it possible that finrther partnerships with the same or other organizations could be beneficial to the goals of APRC? If so, what partnerships would be recommended? b. How do other part: and recreation systems charge for their services with the # City or other partners? Is there an industry gauge or rate that is standard in applying increases? If not, what is the common practice? Ashland Parks and Recreation Commission 7 RCP for Performance Audit -Parks and Recreation October 7, 2015 4. O tl tso m-ci n a. Assess current outsourcing agreements and contracts and discuss with APRC whether or not a benefit could be achieved from outsourcing any portion of APRC operations, 5. Pi-omotional Efforts a. Evaluate the APRC advertising program including social media, for effectiveness. How does it compare to other parks systems? What improvements can be made? 6. GovcrninQ Structure a. Provide observations on the current form of government; identify benefits and challenges of current structure. MINIMUM REQUIRED QUALIFICATIONS ]'his section lists the criteria to be considered in evaluating the ability of Firms interested in providing their services and/or products specified to be considered for award. Specific responses to each must be provided in the proposal. It is anticipated that the successfill Firm will exceed these qualifications. Firms shall: f 1. Have provided services similar to those specified herein to at least five clients (preferably local governmental or special district entities) in the past five )rears; and, 2. Have experience making recommendations to governmental agencies in the area of parks and recreation services. 3. Discuss any current and/or ongoing litigation which may cause conflicts or affect the ability of the responder to provide services. OTHER REQUIREMENTS Additional information as outlined in this section is expected to be included in each proposal. Members of the APRC Performance Audit Advisory Committee will rate each responsive proposal that meets minimum requirements based on the following criteria: 1. The Firm's experience in providing similar parks and recreation performance audit services to municipalities or special districts during the past five (5) years. 2. Qualifications of key personnel that will be assigned to the APRC project, and their experience with similar projects. 3. Applicable resources and quality assurance/quality control procedures, as well as adequacy of team/resources to complete the project within the proposed timeframe. Ashland Parks and Recreation Commission 8 W for Peiformance Audit - Parks and Recreation October 7, 2015 4. Project approach including project schedule and detailed approach to complete this project, cost, familiarity with this project, identification of unique issues related to project, and the process proposed for communications with staff, elected officials and the public. 5. Fee for proposed services. b. References, including names, phone number and email addresses of clients for whom the proposer has performed comparable work in the past five years. The Committee is expected to forward a recommendation to the Commission of a Firm to conduct the performance for a public meeting decision on the contract. The cost of preparing the proposal is the responsibility of the respondent and will not be chargeable in any manner to APRC or the City of Ashland. PROPOSAL REQUIREMENTS maximirin page count for proposals shall be 12 (twelve) double-sided 8.5"01" pages. Proposals shall be in written form and must include, at a minimum, the information requested by the APRC. All proposals shall give all information requested therein, and shall be signed by the Firm or an authorized representative with legal authority to bind tine Firm along wtih their address and contact information. Firms must prepare and submit all required documents. Unauthorized conditions, omissions, limitations or provisions attached to the proposal will render the proposal non-responsive and may cause its rejection. Proposals must include, at a minimum, the following information: 1) Transmittal Letter: { a. An offer to negotiate, indicating the Firm's understanding and agreement to comply with the terms of this RFP and all related addenda, and stipulating that the proposal set forth will remain in effect for a minimum period of ninety (90) days. b. Identify the Firm, its ownership, officers, directors or partners, consulting team rnernbers, as well as a single contact person for all correspondence and notifications and its legal counsel. c. Provide, in at least one copy of the submitted proposal, an original signature of a partner, principal or officer of the Firm, with a statement that the signatory is authorized to submit the proposal. 2) Statement of Qualifications. a. Describe the Team's experience with projects of similar size and scope. Include an outline of any experience the Team has had in meeting the needs of other governmental organizations. Ashland Parks and Recreation Commission 9 IiFP for Performance Audit - Parks and Recreation October 7, 2015 b. Legal name and officers, directors or partners of each member of the Team, at a minimum, including the architect, landscape architect, engineer, and all other proposed team members expected to receive financial compensation. c. A summary of qualifications, relevant experience and references for each Team member, specifically addressing matters related to the Project Scope of Work expressed in this RFP. d. It will be incumbent on those persons or Firms with persons having potential conflicts of interest to identify and cure such conflict(s) prior to consideration of the Proposal. F?llul'e to identify such conflict may remove that person or Firm from further consideration. 3) Project Schedule. a. Firms shall provide an overall Project schedule, from authorization to negotiate through final design acceptance, assuming that a contract is executed with the City by December 2015. 4) Fee Schedule. a. Firms shall provide a Project Fee Schedule with itemization by Scope of Work and identifying deliverables. 5) Items required under Exhibit B. Evaluation of Proposals. a. Firms shall provide adequate docunientation to address the scoring criteria. CONSULTANT'S AUDIT DELIVERABLES f) Ten (10) bound written draft reports along with ail electronic copy that detail findings, recommendations, implementation plans by priority, and cost of resources necessary for implementation (if applicable). 2) Twenty-five (25) bound final reports along with an electronic copy that detail findings, reconunendations, implementation plans by priority, and cost of resources necessary for implementation. 3) Power Point summary. 4) Presentation of draft findings to APRC Administrative Team and/or APRC Performance Audit Advisory Committee at the end of field work (exit discussion). 5) Presentation of final findings to the Parks and Recreation Commission in a public meeting. i i Ashland Parks and Recreation Conunission 14 RFP for Perfonnance Audit - Parks and Recreation October 7, 2015 EXHIBITS INCLUDED IN THIS RFP Exhibit A Scoring ranges: The general methodology that is expected to be used in the evaluation of proposals. Scoring Nvill be up to a maximum of 100 points. (E f I Ashland Parks and Recreation Commission 1 1 RFP for Performance Audit Parks and Recreation October 7, 2015 EXHIBIT A EVALUATION OF PROPOSALS The evaluation criteria will include the following: A. Compreliensiveness of Service Proposal: Overall capabilities of the consultant to meet the service levels described in this RFP. (Scori►tg =1 to 20) B. Public Sector Experience and Resources: The consultant's experience in providing relative performance auditing or consulting services to the public sector, as well as dedicated resources and personnel. (Scoring =1 to 10) C. Expertise of Firm / Provider Personnel: The consultant's experience in work for Parks and Recreation services or similar specific consulting lvork. (Scoring =1 to 12) D. Project Approacli: The evaluation of the Firm's approach to and understanding of the Scope of Services required in the RFP, the deliverables, and the expected work timeline. (Scoring =1 to 12) E. Charges for Services: The amount of proposed fees in a format of "clot to exceed i " . (Scoring =1 to 30) P z F. Reference Checks (Scori►rg =1 to 10) FINAL COMMENTS The decision of the Ashland Parks and Recreation Commission to award a contract will be based upon many factors including, but not limited to, service, cost, financial strength and innovation. No single factor, such as cost, will determine the final decision to award. We sincerely appreciate the efforts all the consultants and their respective staff have put forth in responding to this Performance Audit Request for Proposal. Ashland Parks and Recreallon Commission 12 RIP for Petformance Audit - Parks and Recreation October 7, 2015 f RESERVATION OF RIGHTS This request for proposal does not obligate the Ashland Parks and Recreation Commission or the City of Ashland to award a contract or complete the project, and APRC reserves the right to cancel, delay or suspend the solicitation if APRC considers it to be in its best interest. ARPC is not liable for any loss or expense caused by or resulting from the cancellation or rejection of a solicitation, bid, or award. APRC further reserves the right to: • Amend the Request for Proposal (RFP) • Allow revision of proposals after the submission of proposals and before award for the purpose of obtaining best offers or best and final offers • Extend the deadline for submitted proposals; waive minor irregularities, informalities, or failure to conform to the RFP • Investigate references from past performances with respect to successful performance of similar services, compliance with specifications and contractual obligations, and its lawful payment of suppliers, subcontractors, and workers and any other employment-related claims • Reject any bid response or reject all bid responses at any time prior to execution of contract, upon good cause and upon the finding that it is in the public interest. • Negotiate contractual terms or conditions with proposing vendors. The terms and conditions of the final agreement will be approved by the Parks and Recreation Commission and awarded by the City Council. Public Records, Trade Secret and Confidential Materials All bids are considered public records subject to disclosure to the extent that any particular information contained within the bid is not exempt under Oregon's Public Records Law. The proposing Firm must specifically identify in the bid documentation what information, if any, is considered exempt and Firm shall assume all responsibilities for such defense. APRC is not responsible for recognizing or asserting any defense against any disclosure of materials or information within the proposals submitted. The proposing First must defend any action seeking release of the materials it believes to be trade secret or confidential, and indemnify and hold harmless APRC, the City of Ashland and its agents and employees, from any judgments or damages awarded against the APRC in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives the APRC's award of a contract. In submitting a response to this RFP, the Firm agrees that this indemnification survives as long as the trade secret materials are in possession of APRC. APRC will not consider the prices submitted by the proposing Firms to be proprietary or trade secret materials. Responses to this RFP will not be open for public review until the Parks and Recreation Commission decides to pursue a contract and that contract is awarded. Ashland Parks and Recreation Commission 13 RIP for Performance Audit-Parks and Recreation October 7, 2015 i MEMORANDUM OF UNDERSTANDING ASHLAND CITY COUNCIL AND ASHLAND PARK AND RECREATION COMMISSION Agreement made this day of August, 2014, between the Ashland City Council and the Ashland Park and Recreation Commission and is effective upon signing by the City and Parks. RECITALS A. Under the Ashland City Charter, the Ashland City Council is the sovereign authority over all matters of City-wide concern and the owner of all land and other assets held in title by the City. 6. The Ashland City Charter creates an elected Ashland Park Commission, which also serves as the Ashland Recreation Commission, and empowers the Commission with "control and management of all the lands here dedicated for park purposes," and further empowers the Commission with-"control and management of all park funds, whether the same is obtained by taxation, donation or otherwise." C. The City Council and Parks Commission wish to clearly define what is meant 1 by "management," and what the responsibility of each entity is within each aspect of ' management and to memorialize these responsibilities in this memorandum of understanding. D. Management is generally defined as planning, organizing, budgeting, directing and evaluating as described in exhibit A. E. For purposes of this agreement, "City" means the Ashland City Council or the City Administrator, to whom the Council has delegated management responsibility, as well as any other individuals to whom the City Administrator has delegated specific responsibilities as contained herein. "Parks" means the Ashland Parks and Recreation Commission or the Parks and Recreation Director, to whom the Commission has delegated management responsibility, as well as any other individuals to whom the Parks and Recreation Director has delegated specific responsibilities as contained herein. Now, therefore, the City and Parks agree as follows: 1. Planning. A. Parks responsibilities: 1) Parks will develop master plans for the development, operation and maintenance of lands and facilities under its control. 2) Parks will develop and execute functional plans regarding the allocation of staff and monetary resources for the operation of facilities and delivery of services within its scope of authority. 3) Parks will develop and propose capital improvement plans (CIPs) for the expenditure of funds that have been dedicated to land acquisition and park/open space development. 4) Parks will create rules for use of park land and facilities, providing such rules are not in conflict with other ordinances of the City. B. -City responsibilities: 1) The City will maintain and periodically update the Comprehensive Plan, including Chapter VIII, Parks, Open Space and Aesthetics, which serves as the guiding document for all master plans, functional plans and capital improvement plans. The City will consider and respond to recommendations from Parks when amending or updating the comprehensive plan. 2) The City will include the Parks GIP in its biennial budget, subject to section 3.B, below. The City will determine and implement all funding mechanisms for capital improvements (including Parks SDCs), other than donations and grants from non-City sources, and will determine the timing, manner and method of debt financing, if necessary. 3) The City will, as necessary and upon the advice of the Park Commission, adopt or amend the ordinances comprising Chapter 10.68 of the Ashland Municipal Code (Public Parks). 2. Organizing A. Parks responsibilities 1) Parks will determine the nature and structure of functional divisions in the Department and how best to structure day-to-day responsibilities among and within functional divisions. 2) Parks will allocate appropriated resources within budget limits for the purpose of achieving its adopted goals and objectives, as well as the smooth day-to-day operation of the Department. 3) Parks will continue to contract for services as necessary and appropriate. When contracting for services, Parks will adhere to all provisions of AMC Chapter 2.54, Local Public Contract Review Board, and shall use only those bid forms and contracts that have been approved by the Finance Director, Public Contracting Officer and City Attorney. 4) Per City Council Resolution 2013-25 and AMC 2.16, Parks will, with the assistance of the Human Resources Office, hire its parks and recreation director, including development of search criteria and interview processes. 5) Parks will continue to provide a representative to the City risk management committee. B. City responsibilities 1) The City will serve as the Local Contract Review Board. 2) The City will develop and enforce all codified public contracting rules. 3) The City will develop and enforce all codified personnel rules, as well as 1 administrative policies necessary for compliance with state and federal laws. 4) The City will develop and enforce all risk management policies. 5) The city administrator will seek input from the parks & recreation director when developing public contracting rules, personnel rules and administrative policies, and risk management policies, whether for formal adoption by the City Council or administrative approval. 3. Budgeting and Financial Management A. Parks responsibilities 1) As part of each annual or biennial budget process, using whatever process it deems appropriate, Parks will develop and recommend a budget to the Budget Officer. 2) Parks will set recreation fees and rental rates for all Parks-related facilities except the Community Center, Pioneer Hall and the Grove, for which Parks will recommend rates for adoption in the City rate review process. All Parks fees and rates will be included in the City's Master Rate and Fee Schedule. B. City responsibilities 1} The City reserves and will employ all authority assigned to it under Oregon Local Budget Law (ORS 294), the Ashland City Charter and any other applicable law. This includes the authority to: a) Appropriate funds; b) Adopt an annual or biennial budget; c) Refer tax measures to the voters; d) Set the City tax rate within the limits of the City's Measure 50 permanent tax rate, e) Provide funding for capital improvements, including the issuance of debt; f} Establish new, increased or decreased taxes, fees and charges (except fees and rental or program rates set by Parks), including such taxes, fees and charges as may be established without voter approval; and g) Commit discrete revenue streams to specific purposes. C. Other responsibilities for accounts payable, accounts receivable, payroll, purchasing, cash receipts, fixed assets and project accounting are shown in the attached exhibit B. 4. Directing A. Parks responsibilities 1) Parks will assign duties and responsibilities to Parks staff, consistent with position descriptions and the operational requirements of Parks. 2) Parks will develop and implement policies and procedures regarding park land maintenance. 3) Parks will establish priorities for Parks staff. 4) Parks will implement procedural work policies for Parks staff. 5) Parks will create and maintain current position descriptions for all Parks staff positions. All position descriptions will continue to be reviewed as to form by the City Human Resources Manager. 6) In directing the work of Parks staff: a) Parks will continue to adhere to all provisions of AMC 3.08, General Personnel Policies and Employment Responsibilities. b) Parks will continue to adhere to all City administrative policies. Parks may adopt rules, regulations, procedures and administrative policies that are specific to its operations. Such administrative policies shall be in harmony with the requirements established in the City's codified personnel policies and adopted administrative policies and shall in no case be less restrictive than the City's adopted policies. Parks shall continue to adhere to the City's adopted administrative policies regarding Prevention of Violence in the Workplace, Harassment and Non-Discrimination, Vehicle and Motorized Equipment Driving, IT Security, Electronic Media and Technology Use, Family Medical Leave, Equal Employment Opportunity and Affirmative Action, and Military Leave. c) Parks will continue to take no disciplinary action against any employee beyond a verbal reprimand without first consulting with the City Attorney and Human Resources Manager. d) Parks will continue to ensure that all employees attend mandatory trainings; whether mandatory as determined by the City Human Resources Manager, the City Risk Manager or by state or federal law. e) Parks and Recreation Director will, in consultation with the human resources manager, establish classifications for Parks employees. The Parks and Recreation Director will also establish compensation and benefit packages for Parks employees, subject to the statutory budget process. f) Parks, with the advisement of the City Human Resources Manager, will establish COLAs for Parks & Recreation employees, subject to the statutory budget process. g) Parks will continue to complete Personnel Action forms, under the supervision of the Human Resources Manager. h) Parks will coordinate all Parks-related worker's compensation claims, under the supervision of the Human Resources Manager i) The Parks Department can develop its own Facebook and Twitter pages, as well as YouTube videos for instructional and educational purposes. The Parks Department will comply with the City's Website and Social Media policy, except that the Parks Department may develop non city-standard web sites for senior populations and stand-alone recreation enterprises. Parks will, to the greatest extent practical, adhere to the provisions of the City of Ashland Employee Communication Guide, until the Department, in cooperation with the City, prepares its own Employee Communication Guide. B. City responsibilities 1) The City will establish citywide personnel rules and policies. 2) The City will establish city classifications and compensation rates. Parks will work toward aligning classification and compensation rates with City structure whenever it is possible and appropriate. 3) The City will maintain all personnel files, including Parks', which will be kept in secured storage in the Human Resources Office. Personnel files will include training records. Electronic versions of Personnel Action Forms prepared by Parks staff will be stored in a secure folder on the City network, to which City HR staff has access. 4) The City will process all worker's compensation claims and will complete the annual OR-OSHA 300 Log. 5) The City will continue to coordinate the enrollment of all Parks employees in City benefit programs. 6) With the exception of the Parks and Recreation Director, the City will oversee all recruitment and selection processes, including: a) All job postings will be processed through the Human Resources Office and posted using NEOGOV or any succeeding software. b) Interviews will be scheduled/coordinated by the Human Resources Office, which will also provide input and assistance with the interview process, including development of interview questions, providing instructions to panelists, and distributing final interview packets to panelists. Panelists will be selected by the hiring manager in Parks. A Human Resources representative can serve as a panelist if desired by the hiring manager. c) Written job offers and advanced acknowledgement of the "critical" City policies will be handled by the Human Resources Office (excluding part-time temporary hires). d) The City will conduct background checks on all new hires in temporary or regular positions, using a third party vendor if necessary. e) In coordination with Parks, the City will provide orientation on City benefits for all new hires, or employees who promote into a regular position with benefits. 5. Evaluating A. Parks responsibilities 1) Parks will evaluate employee performance (supervisors) and conduct annual reviews using City-standard evaluation forms or other forms that have been approved by the Human Resources Manager. 2) The Parks Commission will evaluate the performance of the director. 3) Parks will analyze program performance to ensure effective and efficient service i delivery 4) Parks will review and analyze all general ledger activity reports to ensure accuracy 5) Parks will analyze and categorize physical conditions of facilities under Parks control i 6) Parks will cooperate with auditors during on-site audits and throughout the year, and shall accept the CUFR after it is approved by the Municipal Audit Commission. B. City responsibilities 1) The City will monitor budget compliance 2) The City will prepare for annual audit, including: a) Compile year-end figures and financial reports, and assure balancing of funds b) Work with auditors during on-site audits and throughout year c) Generate CUFR (or blended CAFR if required by GASB 61) d) Communicate with and staff the Audit Committee e) Assure compliance with State of Oregon Statutes and provide documentation to State For the Parks & Recreation Commission: For the Ashland City Council: Stefani flinger, chi 64o Stromberg, mayor City of Ashland, Oregon / Document Center / City Charter City Charter THE CHARTER OF THE CITY OF ASHLAND OREGON HISTORY OF THE ASHLAND CHARTER The original Charter granted to the City of Ashland in 1874 was later supplanted by a Charter given to the City by the Oregon State Legislature in 1889, In 1898, a new Charter was approved by the voters of the City, which remained in effect until 1970, although amended numerous times over the years. In 1906, a State constitutional amendment giving cities Home Rule meant that Charters could be adopted and amended without action by the State Legislature. A vote of the Ashland citizens to amend the City Charter or to adopt a new one can effect changes in the structure and powers of Ashland city government. For this purpose, the Council may call a special election on the Charter by initiative petition. In May of 1970, as a result of study and recommendation by the Ashland League of Women Voters and the Charter Revision Committee, an amended Ashland City Charter was again approved by the voters of the City. As adopted, it retained all of the desirable provisions of the original Charter, while omitting obsolete provisions, thereby simplifying this important document and making it a more workable one. Five amendments were enacted by the voters in May of 1972, dealing primarily with administrative refinements, and these amendments have been incorporated into the following compilation of the City Charter. Amendment to the charter was enacted by the voters in November of 2006, requiring voter approval before any real property transfer tax could be enacted, This amendment has been incorporated into the following compliation of the City Charter. Notes: 1) City incorporated 10-13-1874 and 2) First Ordinance passed 11-14-1874 - Setting Boundaries of the City of Ashland TABLE OF CONTENTS ARTICLE I. NAME AND BOUNDARIES C-1 Section 1. Title of Enactment Section 2. Name Section 3. Boundaries ARTICLE II. POWERS C-1 Section 1. Powers of the City Section 2. Construction of the Charter Section 3. Provisions for Amendment and Revision ARTICLE III. ELECTIVE OFFICERS C-2 Section 1. Elective Officers Section 2. Qualifications Section 3. Salaries Section 4. Vacancies Section 5. Term Section 6. Interest in City Contracts (Amended 11/94) ARTICLE IV. MAYOR C-3 Section 1. Term Section 2. Powers and Duties Section 3. Vote ARTICLE V. COUNCIL MEMBERS C-4 Section 1. Terms ARTICLE VI. RECORDER C-4 Section 1. Term Section 2. Powers and Duties Section 3. Vacancy Section 4. Absence ARTICLE VI-A. JUDGE C-5 Section 1. Term ARTICLE VII. ELECTIONS C-5 Section 1. Regular Elections Section 2. Notice of Regular Elections Section 3. Special Elections Section 4. Regulation of Elections Section 5. Nominations Section 6. Canvass of Returns Section 7. Tie Votes Section 8. Oath of Office ARTICLE Vlll. COUNCIL C-7 Section 1. Where Powers Vested Section 2. Composition Section 3. Council Meetings and Rules Section 4. Quorum Section 5. Journal Section 6. Proceedings to be Public Section 7. Mayor's Function at Council Meetings Section 8. Chairman of the Council Section 9. Vote Required ARTICLE IX. SPECIAL POWERS OF THE COUNCIL C-8 Section 1. Violation of Charter, Ordinance and Laws Section 2. Levy of Taxes Section 3. Special Assessments Section 4. Reassessment Section 5. Debt Limit Section 6. Bonds Section 7. Water System ARTICLE X. ORDINANCES C-11 Section 1. Enacting Clause Section 2. Mode of Enactment Section 3. When Ordinances Take Effect ARTICLE XI. PUBLIC IMPROVEMENTS C-12 Section 1. Condemnation E Section 2. Improvements Section 3. Special Assessments Section 4. Bids ARTICLE X11. TAXATION: POWERS AND DUTIES OF THE COUNCIL C-12 Section 1. Duties Section 2. Duties Section 3. County Road Tax Section 4. Property Transfer Tax ARTICLE XIII. APPOINTIVE OFFICERS C-13 Section 1. Appointive Officers Section 2. Qualifications, Duties and Salaries Section 3. Removal Section 4. Interest in City Contracts ARTICLE XIV. CHIEF OF POLICE: POWERS AND DUTIES C-14 Section 1. Section 2. ARTICLE XV. COURT C-14 Section 1. Court Section 2. Judge Section 2A. Term Section 3. Jury Section 4. Fines, Fees, Costs and Cash Bail ARTICLE XVI. MISCELLANEOUS PROVISIONS C-15 Section 1. Public Utilities - Water WorlCs Section 2. Torts Section 3. Existing Ordinances, Acts, Proceedings Section 4. Repeal of Previously-Enacted Provisions Section 5. Time of Effect of Charter Amendment ARTICLE XVII. HOSPITAL C-17 Section 1. Section 2. i i ARTICLE XVIII. CEMETERIES TRUST FUND C-18 Section 1. Section 2. Section 3. Section 4. ARTICLE XIX. PARK COMMISSION C-19 Section 1. Dedication Section 1C. OSFA Dedication Section 2. Park Commission Section 3. Funding Section 4. Salary; Government ARTICLE XIX-A. OPEN SPACE PROGRAM C-21 Section 1. Creation, Powers, Duties Section 2. Acquisition Procedures Section 3. Resources Section 4. Definition, Purpose ARTICLE XX. MUNICIPAL AIRPORT C-22 Section 1. Power ARTICLE XXI. CITY BAND C-22 Section 1. ARTICLE XXII. RECREATION COMMISSION C-22 CHARTER INDEX C-23 Revised October 1990; Revised 2007 ARTICLE 1 - Name and Boundaries Section 1. Title of Enactment . This enactment shall be referred to as the Ashland Charter of 1970. Section 2. Name. The municipality of Ashland, Jackson County, Oregon, shall continue to be a municipal corporation with the name "City of Ashland". Section 3. Boundaries. The City shall include all territory encompassed by its boundaries as they now exist or hereafter are modified by the voters, by the Council, or by any other agency with legal power to modify them. The Recorder shall keep in her/his office at City Hall at least two (2) copies of this Charter, in each of which he/she shall maintain an accurate and up-to-date description of the boundaries. The copies and descriptions shall be available for public inspection at any time during regular office hours of the Recorder. ARTICLE 11 - Powers Section 1. 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. Section 2. Construction of the Charter. In this Charter, the mention of a particular power shall not be construed to be exclusive or to restrict the scope of the powers which the City would have if the particular power were not mentioned. The Charter shall be liberally construed to the end that the City shall have all powers necessary or convenient for the conduct of its municipal affairs, including all powers that cities may assume pursuant to State laws and to the municipal Home Rule provisions of the State Constitution. i Section 3. Provisions for Amendment and Revision. The Council shall have the power to call a special election upon a resolution passed by the Council for the purpose of amending the Charter or enacting a new Charter, or whenever petitioned to do so by the electors of said City, under any initiative or referendum ordinance of the City of Ashland, or the laws of the State of Oregon. ARTICLE III -Elective Officers Section 1. Elective Officers. The elective officers of the City shall be: a Mayor, Recorder, six (6) Council Members, five (5) Park Commissioners and a Municipal Judge. (Charter amendment 5-23-78) Section 2. Qualifications. All elective officers except the Municipal Judge shall be residents and qualified voters in the City. (Charter amendment 5-23-78). Section 3. Salaries. Any change in the amount of the present compensation received by elective officers, except for the Recorder and Municipal Judge, shall be submitted to the vote of the people; however, the salary of the elected Recorder shall be in the amount being paid in 1974 and be adjusted starting with the fiscal year 1974-75 in the same percentage as the average salary adjustments of the other supervisory employees and department heads of the City of Ashland; further, the salary of the Municipal Judge will initially be the same as for the year 1978-79 and thereafter to be adjusted in the same percentage as the average salary adjustment of the other supervisory employees and department heads of the City of Ashland. (Charter amendment 5-23-78). Section 4. Vacancies. An office shall be deemed vacant upon the incumbent's death; adjudicated incompetence; conviction of a felony; other offense pertaining to his/her office, or unlawful destruction of public records; resignation; recall from office or ceasing to possess the qualifications for the office; or, in the case of the Mayor or Council Member, upon his/her absence from the City for thirty (30) days without the consent of the Council or upon his/her absence from meetings of the Council for sixty (60) days without like consent, and subsequent declaration of the vacancy by a two-thirds affirmative vote of the Council. A vacant elective office in the City shall be filled within sixty (60) days by the Council electing some qualified person to fill such vacancy. The appointee's term of office shall begin immediately upon appointment and shall continue until a successor, elected at the next biennial election, takes office for the unexpired term. The Council shall have the power, by a two-thirds affirmative vote, to expel any member of the Council for disorderly conduct in Council or inattention to duties. No Council member shall be expelled without notice and a hearing by the Council. Section 5. Term. The term of all elective officers shall begin the first day of January following their election. Section 6. Interest in City Contracts. During the term of office, no elective officer shall violate any provision of the State of Oregon Code of Ethics as contained in ORS Chapter 244. (Amended by vote 11-8-94.) ARTICLE IV - Mayor Section 1. Term. The Mayor in office at the time this Charter is adopted shall continue in office until the end of his/her term of office as fixed by the Charter of the City in effect at the time this Charter is adopted. At the biennial general election held in 1972, and every fourth year thereafter, a Mayor shall be elected for a term of four (4) years. Section 2. Powers and Duties. The Mayor is the executive officer of the municipal corporation and shall exercise careful supervision over the general affairs of the City and over appointive officers. He/she shall sign all orders and warrants on the Treasury for claims authorized by the Council. Section 3. Vote. The Mayor shall not be entitled to vote on any ordinance or measure before the Council except in the case of a tie vote, in which case he/she shall have the power to vote, and must vote either in the affirmative or in the negative. The Mayor shall, within five days after the passage of any ordinance, either approve or veto the same, and no ordinance shall go into effect until approved by the Mayor or passed by the Council over his/her veto. The Mayor shall, in case he/she vetoes any ordinance or resolution, file such veto with the City Recorder, together with reasons for his/her disapproval, which veto and message of disapproval shall be read at the next meeting of the Council, and such ordinance or resolution be put upon its passage again; and, if two-thirds of the Council members shall vote in the affirmative, it shall become law without the Mayor's approval, but not otherwise. In passing all resolutions and ordinances, the ayes and nays shall be called and permanent record made of the vote thereon. ARTICLE V - Council Members Section 1. Terms. The Council members in office at the time this Charter is adopted shall continue in office, each until the end of his/her term of office as fixed by the Charter of the City in effect at the time this Charter is adopted. At each biennial general election after this Charter takes effect, three Council members shall be elected, each for a term of four (4) years. ARTICLE VI - Recorder Section 1. Term. The Recorder in office at the time this Charter takes effect shall continue in office until the end of his/her term of office as fixed by the Charter of the City in effect at the time this Charter is adopted. At each biennial general election held in 1970, and every fourth year thereafter, a Recorder shall be elected for a term of four (4) years. Section 2. Powers and Duties. The Recorder shall act as Clerk of the Council and shall keep plain and correct records of all business and proceedings of the Council. He/she shall maintain a file of all papers presented to him/her officially, and safely keep all files, records and papers of the corporation pertaining to his/her office, and these shall be open to the public. At the expiration of his/her term of office, he/she shall turn over to his/her successor any and all records, books, and papers pertaining to said office. The Recorder- must draw all orders for the proper payment of monies against the proper funds that have been appropriated by the City Council, and, together with the Mayor, sign the same. He/she may make periodic audits of all City accounting records. The Recorder, shall, as soon as the Council shall make a general levy of the taxes for the city, certify the same, together with any and all special benefits and assessments then due, to the Clerk of the County Court. The Recorder shall record, in a book to be kept for that purpose, all ordinances and resolutions passed by the City Council, and the same shall be signed by the Recorder, as well as signed and approved by the Mayor therein. Section 3. Vacancy. A willful absence of the Recorder from the City for more than thirty (30) days without the consent of the Council, carelessness or inattention to the duties of the Recorder, shall be grounds for the Council to declare the office vacant; and it may fill such vacancy in the same manner as vacancies in the office of Council members are filled. Section 4. Absence. In the Recorder's absence, the Mayor shall appoint a Clerk of the Council Pro Tern who, while acting in that capacity, shall have all the authority and duties of the Recorder. r ARTICLE VI A. - Judge Section 1. Term. At the biennial general election held in 1978, and every fourth year thereafter, a Judge shall be elected for a term of four (4) years. (Charter amendment 5-23- 78) ARTICLE VII - Elections Section 1. Regular Elections. Regular City elections shall be held at the same times and places as biennial general State elections, in accordance with applicable State election laws. Section 2. Notice of Regular Elections. The Recorder, pursuant to directions from the Council, shall give at least ten (10) days notice of each regular City election by posting notice thereof at a conspicuous place in the City Hall, and by publication in a newspaper of wide and general circulation published in the City of Ashland. The notice shall state the officers to be elected, the ballot title of each measure to be voted upon, and the time and place of the election. Section 3. Special Elections. The Council shall provide the time, manner and means for holding any special election which shall comply with applicable State laws. The Recorder shall give at least ten (10) days notice of each special election in the manner provided by the action of the Council ordering the election. Section 4. Regulation of Elections. Except as this Charter provides otherwise and as the Council provides otherwise by ordinances relating to elections, the general laws of the State shall apply to the conduct of all City Elections, recounts of the returns therefrom, and contests thereof. Section 5. Nominations. A qualified elector may be nominated for an elective City office to be filled at the election. The nomination must be by a petition that specifies the office sought and must be in a form prescribed by the Council. The petition shall be signed by not fewer than twenty-five (25) electors, and with the candidate's written acceptance of such nomination. No elector may sign more than one petition for each office to be filled at the election. If he/she does so, his/her signature will be valid only on the first sufficient petition filed for the office. The signatures to a nomination petition need not all be appended to one paper, but to each separate paper of the petition shall be attached an affidavit of the circulator thereof, indicating the number of signers of the paper and stating that each signature of the person appended thereto was made in his/her presence, and is the genuine signature of the person whose name it purports to be. Opposite each signature shall be stated the date of signing, the signer's place or residence, identified by its street and number or other sufficient designation. The Recorder shall make a record of the exact time at which each petition is filed and shall take and preserve the name and address of the person by whom it is filed. If the petition is not signed by the required number of qualified electors, the Recorder shall notify the candidate and the person who filed the petition within twelve (12) days after the filing. If the petition is insufficient in any other particular, the Recorder shall return it immediately l to the person who filed it, certifying in writing wherein the petition is insufficient. The deficient petition may be amended and filed again as a new petition, or a substitute petition for the same candidate may be filed, within the regular time for filing nomination petitions. All nomination papers comprising a petition shall be assembled and filed in final form as one instrument with the Recorder not less than twelve (12) days before the date that the Recorder must file the same with the County Clerk. (Charter Amendment 11-2-82) Section 6. Canvass of Returns. In all elections held in conjunction with State and County elections, the State laws governing the filing of returns by the County Clerk shall apply. In each special City election, the returns therefrom shall be filed with the Recorder on or before noon the day following; and, not later than five (5) days after the election, the Council shall meet and canvass the returns. The results of all elections shall be entered in the record of the proceedings of the Council. The entry shall state the total number of votes cast at the election, the votes cast for each person, and for and against each proposition, the name of each person elected to office, the office to which lie/she has been elected, and a reference to each measure enacted or approved. Immediately after the canvass is completed, the Recorder shall make and sign a Certificate of Election of each person elected and deliver the Certificate to him/her within one (1) day after the canvass. A Certificate so made and delivered shall be "prima facie" evidence of the truth of the statements contained in it. Section 7. Tie Votes. In the event of a tie vote for candidates for an elective office, the successful candidate shall be determined by a public drawing of lots in the manner prescribed by the Council. Section 8. Oath of Office. Before entering upon the duties of his/her office, each officer shall take an oath or shall affirm that he/she will support the constitutions and laws of the United States, the State of Oregon, and the Charter and laws of the City of Ashland, and that he/she will faithfully perform the duties of his/her office. ARTICLE VIII - Council Section 1. Where Powers Vested. Except as this Charter provides otherwise, all powers of the City shall be vested in the Council and the Mayor. Section 2. Composition. The Council shall be composed of six (6) Council members elected in the City at large and by position number. Each position shall bear a number running from one (No. 1) through six (No. 6), and any candidate for Council shall, starting with his/her nominating petition, designate the number of the Council seat to which he/she seeks election; further, one candidate may only run for one position at an election. The Council members whose terms of office expire with the end of 1972 shall be assigned seat numbers 1, 3 and 5; 1974 shall be assigned seat numbers 2, 4 and 6. Within the scope of the preceding provision, the Council shall forthwith determine by lot the numbers to be assigned to the incumbent Council members. Section 3. Council Meetings and Rules. The Council shall hold a regular meeting in the City at least once each month at a time and place which it designates. Other meetings i may be called as the Council deems necessary, with notice given the Mayor and Council ~ members and the public as provided by ordinance. Minutes of any such special meeting j shall be presented at the next regular Council meeting. The Council shall adopt rules for its proceedings. i Section 4. Quorum. The Mayor and not less than three (3) of the Council members, or four (4) of the Council members, shall constitute a quorum for conducting Council business. Section 5. Journal. The Council shall cause a record of its proceedings to be kept. Upon request of the Mayor or any of the Council members, the ayes and nays upon any question before it shall be taken and entered in the record. Section 6. Proceedings to be Public. No action by the Council shall have legal effect unless the motion for the action and the vote thereon take place at proceedings open to the public. Section 7. Mayor's Function at Council Meetings. The Mayor shall preside over the deliberations-of the-Council. He/she shall have authority to preserve order, enforce the rules of the Council, and determine the order of business under the rules of the Council. Section S. Chair of the Council. At the first regular meeting of the Council in January of each year, the Council shall by ballot elect a Chair of the Council from its membership to serve for one (1) year. He/she shall, during all times when the Mayor is absent or unable to attend to his/her duties or act in any matter, have and exercise the powers and perform the duties of the Mayor, except that he/she shall retain his/her Council member's right to vote. If, at any meeting of the Council, both Mayor and Chair are absent, the Council members present shall elect one of their number as Chair Pro Tem, who shall preside at that meeting. I Section 9. Vote Required. Except as this Charter otherwise provides, the concurrence of a majority of the members of the Council present at a Council meeting shall be necessary to decide any question before the Council. ARTICLE IX - Special Powers of the Council Section 1. Violation of Charter, Ordinance and Laws. The Council, at any regular or adjourned meeting, shall have the power within the limits of the City of Ashland to enact laws, ordinances and pass resolutions not in conflict or inconsistent with the laws of the United States, the State of Oregon, or the provisions of this Charter; and to provide for punishment of any person or persons found guilty by a competent tribunal of the violation of any such laws, ordinances, or any of the provisions of this Charter, by fine or imprisonment of such offender, until such fine and costs are paid; and to provide for the working of such persons so convicted on the streets of the City or at any other work, and to provide the compensation therefor to be applied on such fine and costs; but no fine shall exceed the sum of $500 and the costs of prosecution, nor shall any imprisonment or term at hard labor exceed 60 days. Section 2. Levy of Taxes. The Council, by two-thirds vote of the Council at any regular or adjourned meeting, shall have the power within the limits of the City of Ashland to annually ordain and levy taxes on the taxable property of the City made taxable by law for County and State purposes, not to exceed fifteen mills on the dollar on the assessed valuation in any year for the expenses of the City; and also in such further amount as may be necessary for the payment of interest or principal on any bonded indebtedness now existing or hereafter to exist against the City and for payment of any judgment or judgments obtained against the City. Section 2(a). Flood Damage Restoration Bonds. In addition to the indebtedness otherwise authorized by law and by this Charter, the City Council of the City of Ashland shall have the power and authority to issue the general obligation bonds of the City in such amounts and with such maturity dates as the City Council shall, in its discretion, deem advisable in an aggregate amount not to exceed Seven Hundred Fifty Thousand i Dollars ($750,000.00) for the purpose of financing the cost of repair and restoration in accord with current construction standards of the City's water, sewer, electrical and storm sewer systems; City streets and bridges and watershed roads and bridges; Lithia Park; the repair of riprap at the Ashland Airport; and the purchase of a dredge for the removal of present and continuous accumulations of silt in the City's water reservoir; and to further provide that all state or federal funds received to assist Ashland in repair of flood damage shall be used for that purpose or to pay principal and interest on these bonds and for no other purpose; and shall have the power and right to designate the manner and time of payment of said bonds and the interest thereon, provided that considering any discounts or premiums paid, the effective rate of interest on such bonds shall not exceed that allowable by the laws of the State of Oregon. The power herein granted shall be exercised by the Council without submitting the question to a further vote of the electors and the bonds issued in pursuance to this Article shall not be subject to the limitation on bond or other indebtedness elsewhere contained in the Charter of said City. Section 2(b). Hospital Improvement Bonds. In addition to the indebtedness otherwise authorized by law and by this Charter, the City Council of the City of Ashland shall have the power and authority to issue the general obligation bonds of the City in such amounts and with such maturity dates as the City Council shall, in its discretion, deem advisable in an aggregate amount not to exceed Three Hundred Sixty Thousand Dollars ($360,000.00) for the purpose of financing the design and construction of additions and improvements to the Ashland Community Hospital; and shall have the power and right to designate the manner and time of payment of said bonds and the interest thereon, provided that i considering any discounts or premiums paid, the effective rate of interest on such bonds shall not exceed that allowable by the laws of the State of Oregon. The power herein granted shall be exercised by the Council without submitting the question to a further vote of the electors and the bonds issued in pursuance to this Article shall not be subject to the limitation on bond or other indebtedness elsewhere contained in the Charter of said City. Section 3. Special Assessments. The Council shall have the power at regular or adjourned meeting to levy such special benefit assessments for road, sewer or other special improvements as they deem reasonable and to prescribe the time when such assessments shall be paid and to assess penalties thereon, not exceeding ten percent (10%) when delinquent, which assessments and penalties may be collected under the provisions of Article XII, Sections 1 and 2. Section 4. Reassessment. The Council shall have the power to enact an ordinance to correct any administrative error in the levying of any special benefit assessment and to cause a reassessment to be made. Section 5. Debt Limit. The Council, by a two-thirds vote at any regular or adjourned meeting, shall have the power within the limits of the City of Ashland to borrow money upon the credit of the City and authorize the issue of orders or notes therefor to an amount not exceeding $5,000.00 when required for municipal purposes, which orders and notes shall bear a reasonable rate of interest and shall not aggregate at any time to exceed $5,000.00. Section 6. Bonds. The Council, by a two-thirds vote at any regular or adjourned meeting, shall issue bonds of the City for other purposes when duly voted and required by a majority of the electors of said City; or in rebonding any bonded indebtedness of the City when the same is due and payable and the City has not the funds on hand to pay the same, but in rebonding, bonds shall not be issued for a longer period or greater rate of interest than the bonds to be liquidated. All bonds issued hereafter shall be amended to this Article; that is, Article IX, Section 2, and at such time as they are retired shall be automatically repealed. Section 7. Water System. The Council, by a two-thirds vote of the Council at any regular or adjourned meeting, shall have the power within the limits of the City of Ashland to suppress, restrain, and prohibit any obstruction, pollution, diversion, waste, extravagant use of, waters of Mill or Ashland Creek, either within or above the City limits. ARTICLE X - Ordinances Section 1. Enacting Clause. The enacting clause of all ordinances hereafter enacted shall be: The People of the City of Ashland do ordain as follows:" Section 2. Mode of Enactment. (a) Except as the second and third paragraphs of this Section provide to the contrary, every ordinance of the Council shall, before being put upon its final passage, be read first fully and distinctly in open Council meeting and then on a different date by title only, unless a Council member or the public requests that it be read in full for a second time, and it shall then be read fully and distinctly. (b) Provided all conditions set forth in Paragraph (C) have been met, an ordinance may be enacted at a i single meeting of the Council by unanimous vote of all Council members present upon being read first in full and then by title. (c) The first reading may be by title alone if no Council member present at the meeting, or the public, requests to have the ordinance read in full, and if a copy of the ordinance is provided for each Council member and three (3) copies are provided for public inspection in the office of the City Recorder not later than one (1) week before the first reading of the ordinance and if notice of their availability is given forthwith upon the filing, by written notice posted at the City Hall and by advertisement in a newspaper of general circulation and published in the City. An ordinance enacted after being read by title alone may have no legal effect if it differs substantially from its terms as it was thus filed prior to such reading, unless each section incorporating such a difference is read fully and distinctly in open Council meeting as finally amended prior to being approved by the Council. (d) Upon the final vote on an ordinance, the ayes and nays of the members shall be taken and entered into the record of the proceedings. (e) Upon the enactment of an ordinance, the Recorder shall sign it with the date of its passage and his/her name and the title of his/her office, except as provided in Article IV, Section 3. Section 3. When Ordinances Take Effect. An ordinance enacted by the Council t shall take effect on the thirtieth (30th) day after its enactment. When the Council deems it advisable, however, an ordinance may provide a later time for it to take effect; and, in case of emergency, it may take effect immediately. ARTICLE XI - Public Improvements Section 1. Condemnation. Any necessity of taking property for the City by condemnation 1 shall be determined by the Council and declared by resolution of the Council describing the property and stating the uses to which it shall be devoted. The procedure for the condemnation shall be as ordained by the Council or provided by State law. Section 2. Improvements. The procedure for making, altering, vacating or abandoning a public improvement shall be governed by general ordinance or to the extent not so governed, by applicable general laws of the State. Action on any proposed public improvement, except a sidewalk or except an improvement unanimously declared by the Council to be needed at once because of an emergency, shall be suspended for six months upon a remonstrance thereto by the owners of two-thirds of the land to be specially assessed therefor. In this section, "owner" shall mean the record holder of legal title or, where the land is being purchased under a land sale contract recorded or verified to the Recorder in writing by the record holder of legal title to the land, the purchaser shall be deemed the "owner". Section 3. Special Assessments. The procedure for the levying, collecting and enforcing the payment of special assessments for public improvements or other services to be charged against real property shall be as provided in Article XII, Sections 1 and 2 of this Charter. Section 4. Bids. All jobs or contracts for constructing, repairing, ornamenting or improving any public place in this City or out of it, the expenses of which are to be paid out of the City Treasury, and the probable cost of which will exceed $500, shall be advertised in a newspaper of wide and general circulation published in the City of Ashland for ten days before the closing of the bids, and shall be done in accordance with the plans and specifications approved by the Council. The Council shall have the right to reject any or all bids without incurring any liability for such rejection. ARTICLE XII - Taxation: Powers and Duties of the Council Section 1. It shall be the duty of the Council immediately after the receipt of the certificate of the County Clerk of the County Court of Jackson County, Oregon, showing the aggregate valuation of the assessable property in said City of Ashland, to meet, and by ordinance annually levy such taxes and assessments as permitted in this Charter against the taxable property of the City of Ashland, and such special assessments and penalties as may be due and unpaid, and cause the same to be certified to the County Court, as provided in Section 2 of this Article. Section 2. The Council shall, immediately after such levy, notify the Clerk of the County Court, under the certificate of the City Recorder, of the rate percent of the tax levy made by the Council and all delinquent special benefit assessments and the penalties thereon, and it shall be the duty of such Clerk to compute the taxes and extend the same by entering the aggregate tax in the appropriate columns on the tax roll, and such taxes, special assessments and penalties shall be collected by the same officer, in the same manner and at the same time as taxes for County purposes are collected, and the same shall be paid over by the County Treasurer to the City Recorder as provided by law for the paying over of city taxes. Section 3. County Road Tax. The territory within the limits of the City of Ashland as now existing and as may be hereafter extended is hereby excepted out of the jurisdiction of the County Court of Jackson County for licensing purposes and road purposes, and the City Council shall have full and exclusive jurisdiction over the same. The inhabitants of the City shall be exempt from the payment of road taxes and assessments of the property within the City for road work, except such taxes as may be levied and assessed by the City Council, and all such taxes shall be placed in a separate fund and used for street j purposes within the limits of the City and not otherwise. Section 4.Property Transfer Tax. Requires voter approval before any real property transfer tax is enacted in Ashland. (Amendment November 2007; 15-65) ARTICLE X1111 - Appointive Officers Section 1. Appointive Officers. The Mayor, with the confirmation by the Council, shall appoint a City Administrator, City Attorney and such other officers as the Council deems necessary. The Council may combine any two or more appointive offices. (Charter amendment 5-23-78) Section IA. Separate Police and Fire Departments. The City of Ashland shall maintain a fire department which is separate and distinct from the City police department. The employees of one department shall not be assigned to do the job functions of employees in the other department. (Charter amendment 1-4-86) Section 2. Qualifications, Duties and Salaries. The Council shall, by ordinances, prescribe the duties of appointive officers, and determine their compensation and qualifications, except the Municipal Judge shall be a member of the Oregon State Bar. The Council may designate any appointive officer to supervise any other appointive officer, except the Municipal Judge in the exercise of his/her judicial duties. Section 3. Removal. The Mayor, with the consent of the Council, may suspend and remove any appointive officer at any time. Section 4. Interest in City Contracts. Except as provided otherwise by law, no officer, agent or employee shall have any interest in any City contract made by him/her in his/her official capacity or by any public committee, board, commission or department of which he/she is a member, agent or employee, except that the employment of the officer, agent or employee shall not be considered a contract for the purposes of this section. ARTICLE XIV - Chief of Police: Powers and Duties Section 1. The Chief of Police shall be the conservator of the peace within the limits of the City of Ashland and, in addition to the authority vested in him/her by the City Council, he/she shall have the authority and jurisdiction of a constable, and shall qualify and discharge the duties of constable, in the same manner and to the same effect as required of constables under the statutes of this State. He/she shall, within the County of Jackson, arrest any and all persons guilty of any breach of the peace committed in his/her presence, and take them before the judge of the City Court, or some Justice of the Peace for trial. He/she shall also have the power, under any warrant from the Judge, or any Justice of the Peace, to arrest any person in any part of the State of Oregon for any criminal offense or the violation of any City ordinance and, in case the Council shall establish a police force for the City, he/she shall by virtue of his/her office be Chief of such force. Section 2. The Chief of Police shall attend all meetings of the City Council, and perform the duties of the Sergeant-at-Arms of that body, watch over, care for and preserve all the City property and good morals of the City; and it shall be his/her duty, and the duty of any and all police officers, to see that all the laws and ordinances of the City, and the provisions of this Charter, are enforced, to file complaint with the City Judge against any persons violating any of the provisions of this Charter, or the laws or ordinances of the City; and a failure or neglect to faithfully perform any or all of such duties shall be cause for removal from office by the City Council. ARTICLE XV - Court Section 1. Court. A court is hereby created in the City of Ashland, Oregon, to be known as the Municipal Court. The court shall be open for the transaction of judicial business at regular times specified by the Council. All area within the City shall be within the territorial jurisdiction of the court. When not governed by ordinances or this Charter, all proceedings in the Municipal Court for the violation of a City ordinance shall be governed by the applicable general laws of the State governing District Courts. Section 2. Judge. The Municipal Judge shall be the judicial officer of the City. He/she shall exercise original and exclusive jurisdiction of all offenses defined and made punishable by ordinances and Charter of the City and all other offenses made punishable by State law over which the City is given concurrent jurisdiction. He/she shall have authority to issue process for the arrest of any person accused of an offense against the ordinances and Charter of the City, to commit any such person to jail or admit him/her to bail pending trial, to issue subpoenas, to compel obedience to such subpoenas, to issue any process necessary to carry into effect the judgments of the Court, and to punish witnesses and others for contempt of the Court. The Judge shall make a monthly report of the Court's proceedings in writing to the City Council. f Section 2A. Term. The term of the Municipal Judge shall be four (4) years. (Charter amendment 5-23-78). Section 3. Jury. A defendant may have a jury of six (6) members by demanding the same. Any jury chosen shall be governed by the laws of the State of Oregon relating to juries in the District Court, and shall have the qualifications of such jurors resident within the corporate limits of said City. Section 4. Fines, Fees, Costs and Cash Bail. The City Council shall provide for the collection of all Court tines, fees, costs and cash bail which shall be turned over to the City Recorder. ARTICLE XVI - Miscellaneous Provisions Section 1. Public Utilities - Water Works. The City of Ashland, a municipal corporation, shall have the power to provide the residents of said City with such services as water, sewer, electric power, public transportation and such other public utilities as the people desire by majority vote; and to exact and collect compensation from the users of such public utility; provided, however, that any and all water and water works and water rights now owned or which may hereafter be acquired by said City, for the purpose of supplying the inhabitants thereof with water shall never be rented, sold or otherwise disposed of; nor shall the City ever grant any franchise to any person or corporation for the purpose of supplying the inhabitants of said City with water. Section 2. Torts. The City's immunity or liability for torts shall be as determined by State law. Section 3. Existing-- Ordinances, Acts, Proceedings. All existing ordinances in force when this act takes effect and not inconsistent herewith shall be and remain in full force after this act takes effect and thereafter until repealed by the Council. All actions and proceedings pending and all unfinished business whatsoever when this act takes effect shall thereafter be proceeded with according to the provisions of this act or any City ordinance applicable thereto and continued in force by this act. No suit, action or proceeding now pending in any Court shall abate by virtue of this act, and all persons in office shall continue to receive such compensation for their services during the balance of their term as appertained to the office at the time they were respectively elected or appointed thereto; and all rights vested or liabilities incurred when this act takes effect shall not thereby be lost, impaired or destroyed; all bonds theretofore issued by said City are hereby declared to be valid and of full force and effect, and all acts of the Council heretofore done in good faith for the benefit of the City and on which proceedings shall not be instituted prior to July 1, 1970 are hereby legalized and made valid in every particular. Section 4. Repeal of Previously-Enacted Provisions. All Charter provisions of the City enacted prior to the time that this Charter takes effect are hereby repealed, except the provisions of the legislative Charter of 1898 relating to the Powers of the Chief of Police; that is, Article X, Section 1 compiled herein as Article XIV, Section 1; Powers and Duties of the Council - Taxation; that is, Article XII, Sections 1 and 2, compiled herein as Article X11, Sections 1 and 2; and Territory Excepted for Road Purposes and Licensing Purposes; that is, Article XV11, Section 1, compiled herein as Article XII, Section 3; and those provisions of the previous Charter Amendments included in the following: Article VII, Section 1, amended 11-2-54, compiled herein as Article IX, Section 1 Article VII, Section 2, amended 1-28-09, compiled partially herein as Article IX, Sections 2 and 3 Article VII, Section 3, of 1898 Charter, compiled herein as Article IX, Section 5 Article XXVIII, Sections 1 and 2, amended 11-4-30 and 10-15-59, compiled herein as Article XVII, Sections 1 and 2 Article XIX, Sections 1, 2, and 4, amended 12-15-08, and Section 3, amended 4-23-51, compiled herein as Article XIX, Sections 1, 2, 3 and 4 Article XXVII, Sections 1, 2, 3, and 4 amended 11-11-28, compiled herein as Article XVIII, Sections 1, 2, 3, and 4 Article XXIX, Section 1, amended 11-4-30, compiled herein as Article XX, Section 1 Article XXXI, Section 1, amended 1938, compiled herein as Article XXI, Section 1 Article X, Section 2, amended 7-17-19, compiled herein as Article XIV, Section 2 Article XIX, Section 1-C, amended 3-12-57, compiled herein as Article XIX, Section 1-C Section 5. Time of Effect of Charter Amendment. This amended Charter took effect on July 1, 1970, except that Amendments to Article III, Section 2; Article VIII, Section 2; Article X, Section 2; Article Xlll, Section 1 and Article XXII took effect on June 6, 1972. Amendment to Article IIX, Section 4 took effect on December 19, 2006. ARTICLE XVIII - Hospital Section 1. The City of Ashland is hereby authorized and empowered to own, operate and conduct a municipal hospital within the limits of said City of Ashland under the authority and direction of the Council. Section 2. The Council is hereby authorized to issue and sell, in manner and form as in its judgment it may deem best, general obligation bonds of said City in a sum not to exceed $350,000.00 for the purpose of providing funds with which to purchase real property for a hospital, construct a building or buildings to be used for hospital purposes, and equip and furnish said hospital in and for said City. Said bonds shall bear the date established by the Council, be serial in character, callable at any interest payment date in whole or in part on r or after five (5) years from the date thereof after notice as provided by law, be retired by the said City in a period of not to exceed twenty-five (25) years, be in denomination of I $1,000.00 each, be signed by the Mayor and countersigned by the Recorder under the corporate seal of said City, have semi-annual interest coupons bearing the facsimile signatures of the Mayor and Recorder attached thereto, by the terms thereof pledge the full faith and credit of the said City for their repayment, and hold and promise to pay to the bearer of each of said bonds at maturity thereof, the sum therein named in legal tender of the United States of America, with interest thereon in like legal tender, at the office of the City Recorder in said City or at such other office as the Council may, in its judgment, determine, which bonds shall be known as "Hospital Bonds". The particular form of said bonds, the maturities thereof, the rate of interest thereon, and such other details of their issuance and sale as are not herein mentioned shall be determined by the Council in the exercise of its best judgment in order to carry out the intention hereof. That it shall be the duty of the Council to attend to the proper application of the funds derived from the sale of said bonds and the purchaser or purchasers thereof shall in no event be responsible or charged with the proper application of the funds derived from the sale thereof. That the Council is hereby authorized and empowered each year at the time of making the annual tax levy for City purposes to include in such levy a sufficient amount to meet the payment of principal and interest on said Hospital Bonds as same shall be come due, and this authority shall be in addition to all Charter and Oregon Constitution debt limitation. ARTICLE XVIII - Cemeteries Trust Fund Section 1. The Council is hereby authorized and empowered each year, at the time of making the annual levy for City purposes, to include in such levy a sum equal to but not to exceed one mill on each dollar of assessed valuation of property within the City, which sum shall be used for the purpose of maintenance and upkeep of cemeteries held by, or under control of the City of Ashland. Such levy shall not be within the limitation of taxation provided by law. Provided further that each year from the proceeds of such levy the Council shall set aside in a permanent trust fund the sum of $500.00, the income from which shall be used to carry out the purposes mentioned herein. When such trust fund shall have accumulated to such an extent as to provide sufficient income for the purposes for which same was created, then no further tax levy shall be made thereafter. Section 2. The Council is hereby given authority to receive control, for and on behalf of the City of Ashland, or any privately-operated or owned cemetery within the said City for the purpose of providing proper upkeep and maintenance of any such cemetery, said Council to receive such control only upon conditions as to it may seem for the best interests of the City. Section 3. The Council is hereby authorized to create such funds as, in its discretion, may be necessary for the purpose of keeping and maintaining in proper condition the cemeteries within or adjacent to the City of Ashland, and under the jurisdiction of said Council, and is further authorized from any monies received from sale of cemetery lots, to specifically create a trust fund for the perpetual upkeep of the lots so sold, and is further authorized to contract with the purchasers of any lots so sold, on behalf of the City of Ashland, for the perpetual upkeep of said lots on such terms and conditions as said Council may deem best for the protection of said City. Section 4. The Council is hereby authorized to accept any bequests or donations for the purposes mentioned herein on behalf of the said City, which donations or bequests shall become a part of said permanent trust fund, unless specified otherwise when any such bequests or donations are given. ARTICLE XIX - Park Commission Section 1. Dedication. All those lands specified by the Charter Amendment of December 15, 1908 and May 13, 1912, are hereby reserved and forever dedicated to the people of the City for park purposes and shall never be sold, leased, encumbered or used for any purpose inconsistent therewith; provided, however, that such public buildings as may enhance the beauty of said park, or that shall not detract therefrom, may be constructed if so directed by a majority vote of the electors of said City; and provided further, that nothing contained in this act shall be construed so as to impair or interfere with proper construction or operation of the City's light, power or water system. Section 1-C. That the Ashland Park Commission, with the consent of the Common Council, shall have the authority to lease to the Oregon Shakespearean Festival Association, a non-profit corporation of the State of Oregon, any portion of Lithia Park described as follows, to-wit: That certain property commencing at the northeast corner of the Chamber of Commerce building; thence, southerly along the base of the hill to southern side of pond in lower park; thence, east to ditch carrying water to waterfall; thence, southerly along ditch 150 feet; thence, east 110 feet to west side of Hargadine Street; thence, northerly on west line of Hargadine Street to northeast corner of park property; thence, following the meandering north line of park property to place of beginning, containing approximately two acres for the purpose of remodeling and expanding the present Festival theatre and the construction of additional buildings which are hereby designated as public buildings for use by the Oregon Shakespearean Festival Association for any of the purposes authorized by the corporate charter of said association, said use to be on such terms and conditions as the Ashland Park Commission, with the consent of the Common Council, deems in the best interests of the City; provided, however, that any lease shall not exceed a period of ninety-nine (99) years. Section 2. Park Commission. The certain board created by a vote of the qualified electors of the City of Ashland, Oregon, at a special election held on the 15th day of December, 1908, which became effective by the proclamation of the Mayor published on the 17th day of December, 1908, and known and designated as the "Ashland Park Commission", be and the same, as constituted and created by said Charter amendment, and as now existing, is hereby perpetuated and continued as five (5) members with all the powers conferred and duties imposed by said Charter amendment and ordinances of the City of Ashland. Provided, that at the general biennial election to be held on the first Tuesday after the first Monday in November, 1920, two commissioners shall be elected to serve for the term of four (4) years from the first day of January, 1921, and that at the general biennial election to be held in November, 1922, three commissioners shall be elected to serve for the term of four (4) years from the first day of January, 1923, and that the term of office for each i succeeding commissioner shall be four (4) years unless elected to fill a vacancy, in which event he/she shall be elected to serve until the first day of January following the next i succeeding biennial election after any such vacancy. Provided, further, that each of the commissioners now constituting the present Ashland Park Commission shall hold office for the term for which he/she was elected, and until his/her successor is elected and qualified. Section 3. Funding. The said Park Commission shall have control and management of all the lands here dedicated for park purposes and of all other lands that may hereafter be acquired by the City for such purposes. They shall have control and management of all park funds, whether the same is obtained by taxation, donation or otherwise, and shall expend the same judiciously for beautifying and improving the City's parks. It shall be the duty of said Commission and they shall, at the beginning of each month, file with the City Recorder for the information of the City Council and the public, a report of their doings for the preceding month. Such report shall specify all funds on hand and the source from whence obtained. It shall carry a clear statement of all monies expended and for what purpose. All purchases made and all labor performed, together with the cost thereof, shall be embodied in said report. At the time for making the tax levy for general City purposes in each year, the said Commission shall cause a careful estimate to be made of the money required for park purposes for the ensuing year and file the same with the City Recorder, whereupon there shall be included in said general levy not to exceed four and one half (4-1/2) mills on the dollar to meet such requirements, which, when collected, shall be deposited with the City Recorder subject to the order of said Commission. The levy herein authorized shall be outside the limitation on taxation set forth in Article XI, Section II of the Constitution of Oregon. Section 4. Salary; Government. The said Commission shall serve without pay and shall have power to formulate and adopt rules and regulations for their government and for the purpose of carrying into effect the purposes of their creation as Park Commission. They shall enter upon the discharge of their duties immediately upon their organization and shall, as soon as may be expedient, cause a map or maps to be made of the lands herein dedicated, and shall make the same conform to the descriptions contained in the instruments by which said City obtained title thereto; which said instruments shall be considered as carrying a more specific description of said lands. ARTICLE XIX A - Open Space Park Program Section 1. Creation, Powers and Duties. An Open Space Park Program is hereby created to be administered by the Ashland Park Commission. The Park Commission shall make recommendations to the City Council concerning priorities for land and easement acquisitions for the Open Space Park Program. After dedication of land to the Open Space Park Program, the Ashland Park Commission shall be responsible for the administration, development and operation of such lands. Section 2. Land and Easement Acquisition Procedures. Both the Ashland Park Commission and the City Council must agree upon land or easements to be acquired for open space park purposes. Before any land or easements that have been acquired for the Open Space Park Program are disposed of and released from the Program there shall be a public hearing. Disposal shall be by Ordinance, which shall not contain an emergency clause, thus giving to the people of the City of Ashland the opportunity to petition for a referendum. Land or easements acquired for open space park purposes shall be dedicated by the City Council for such purposes. Such dedicated lands or easement shall be under the control and management of the Ashland Park Commission. The City Council shall not use the power of condemnation to acquire fee simple ownership of any land for Open Space purposes or for trails. (Amended 8-14-90) Section 3. Resources. Monies dedicated to the Open Space Park Program shall be expended only for Open Space lands or easements, for costs of acquisition and for such other purposes pertinent to the Open Space Park Program as the Council and Park Commission may jointly determine. All monies dedicated for acquisition of Open Space Park Program lands shall remain under the financial management of the City of Ashland. The tax measures for funding for land acquisition for the Open Space Park Program shall be approved by the voters, and the tax rates approved therein by the voters shall not be altered for Open Space purposes by the City Council without further approval by the electorate. Said tax measures for funding of the Open Space Park Program shall expire on December 31, 2010, unless extended by a vote of the electorate. (Amended 8-14-90) Section 4. Definition and Purpose of Open Space Park Lands. The definition and purpose of open space park lands shall be as defined in State Law, ORS 308.740, or as modified by Ordinance of the City of Ashland. (Amended 5-15-90). ARTICLE XX - Municipal Airport Section 1. Power. The City of Ashland is hereby given the power and authority to acquire, own, conduct and operate a municipal airport either within or outside the limits of the City of Ashland, under the authority and direction of the Council. ARTICLE XXI - City Band Section 1. At the time of making the tax levy for general City purposes each year, the Council shall cause a careful estimate to be made of the money required for the purpose of a City Band for the ensuing year, such estimate shall be presented and considered with the other items in the annual budget and there shall be included in the general levy for the ensuing year not to exceed six-tenths (.6) mills on the dollar for such band requirements, which fund, when collected, shall be deposited with the City Recorder, subject to the order of the Council. ARTICLE XXII - Recreation Commission Section 1. The Ashland Recreation Commission is hereby created to be composed of the five (5) Ashland Park Commissioners and their terms of office shall be the same. Section 2. The powers and duties of the Recreation Commission shall be as set forth in this Charter, the Ordinances of the City of Ashland, and by any other applicable law. Section 3. Any funds to be spent by the Recreation Commission for recreation purposes shall be from such funds as may be appropriated from time to time by the City Council, and in no event shall any funds be spent for recreation purposes that are received pursuant to Article XIX of this Charter and which relates to the Park Commission and a levy for park purposes. PRINT CLOSE i 1 Proposal to Conduct a Performance Audit of Parks and Recreation ASHLAND PARKS AND RECREATION COMMISSION matrix consulting group TABLE OF CONTENTS November 3, 2015 Page 1 LETTER OF INTEREST i 2. STATEMENT OF QUALIFICATIONS 1 3. PROJECT SCHEDULE 17 4. FEE SCHEDULE 18 APPENDIX - RESUMES OF KEY PROJECT STAFF 19 matrinx consulting group Nnvembpr 3 2x715 Mr. Michael A. Black, Director Ashland Parks and Recreation Commission 340 S. Pioneer Street Ashland, OR 97520 Dear Mr. Black: The Matrix Consulting Group is pleased to provide our response to your Request for Proposals to conduct a Performance Audit of Ashland Parks and Recreation. The senior staff of the Matrix Consulting Group have extensive experience individually, and working together as a project team in this and in prior firms, for over 30 years conducting similar assessments. We believe that we are uniquely qualified to perform the requested study for the following reasons: • We have significant recent analytical experience conducting studies of parks and recreation, including the following clients: Alexandria, Virginia Grand Rapids, Michigan Salt Lake City, Utah Beverly Hills, California Irvine, California San Bernardino, California Boise, Idaho Lathrop, California Southlake, Texas Davis, California Los Angeles, California Tiburon, California It should be noted that we are currently conducting a study of the Seattle Parks and Recreation Department and the Trumbull (CT) Parks and Recreation Department. • Our experience has also included evaluations of parks and recreation as part of organization-wide studies in the Pacific Northwest and throughout the country: Avon, Connecticut Irvine, California Rancho Mirage, California Barstow, California Johnson County, Kansas Raymore, Missouri Brattleboro, Vermont Lathrop, California Roseville, California DeKalb County, Georgia Monroe County, Michigan Salt Lake County, UT Deltona, Florida Monrovia, California Spokane, Washington Fort Morgan, Colorado Montpelier, Vermont Sunnyvale, California Goodyear, Arizona Orland Park, Illinois Walnut Creek, California Greenbelt, Maryland Orleans, Massachusetts Waltham, Massachusetts Our approach to conducting organizational evaluations and assessments is based on detailed data collection and analysis, intensive input, and extensive client interaction. We partner with our clients in developing a detailed scope of work and timeframe that are tailored to their specific needs. Our approach to conducting studies successfully is characterized by: 11602 Newman Lake Drive Newman Lake, WA 99025 208.755.8401 650.917.2310 fax California, Illinois, Massachusetts, Texas, Washington • A principal of the firm is directly involved in each facet of the consulting engagement. This includes involvement in field interviews and data collection. • AIL ofnf it nnnsultants; _senior government analysts, each with a specialized_____ area of expertise and years of experience. Several of our staff are prior managers in governmental functions, including recreational services. One of our team members, Ginny Jaquith, was a former Parks and Recreation Director, City Council member and lectured on parks and recreation at the university level. • We work interactively with our clients through interim reports and meetings with staff and a project steering committee at key junctures of the study process. • We provide detailed analysis for each recommendation made in our report. We also provide-thorough i lementation assistance, train na-and planning. As President of the firm and proposed project manager, I am the aut orized contact and am available via the letterhead address and phone / fax numbe . I can also be reached at rbrady matrixcg.net. ~W-e apprea pportunity to provide this proposal r onse an look forward to the opportunity to work with you. L Matrix Consulting Group Richard Brady President matrix consulting group ASHLAND PARKS AND RECREATION COMMISSION Proposal to Conduct a Performance Audit of Parks and Recreation 2. STATEMENT OF QUALIFICATIONS This section of our proposal provides our understanding of the project as well as our qualifications, and a detailed task plan for its completion. First, however, we would like to provide some information about our firm that we believe is important, and distinguishes the Matrix Consulting Group from other consulting firms. 1. INTRODUCTION TO THE MATRIX CONSULTING GROUP The Matrix Consulting Group has extensive experience conducting analyses of parks and recreation services. Our objective for every engagement is to deliver practical solutions while enriching the skill set and knowledge base of our clients' management teams in providing excellent customer service. Our firm and our approach to providing consulting services to local governments in general, and to parks, golf and recreation agencies, can be summarized by the following: • We were founded in 2002 and are domestically incorporated in California and are licensed to provide consulting services in Oregon. We are opening an office in Oregon (in Portland) next month. • The principals and senior staff of our firm have worked together in this and other consulting organizations as one team for between 15 and 40 years. Principals of the firm manage and serve as analysts on each of our projects. • We provide management studies and financial services only to local government. • Our experience encompasses over 100 studies of parks and recreation functions across the country. Much more detail about this experience is provided later in this proposal. • The specific team members proposed in this submittal have extensive experience in the management of parks and recreation and in operational and staffing studies of these functions - including staffing, programs and services, financial analysis, analysis of competitive markets for recreational services, strategic planning, and other facets of operations. The cornerstone of our philosophy in conducting organization and management studies is summarized in the points below. • A principal of the firm is always involved in every aspect of each of our studies. This includes interviews of staff, data collection, report writing, client meetings and public presentations. • We have taken particular care to assemble a senior team of professionals to Matrix Consulting Group page 1 ASHLAND PARKS AND RECREATION COMMISSION Proposal to Conduct a Performance Audit of Parks and Recreation conduct this study. Our team has significant Parks and Recreation experience - one of our team members, Ginny Jaquith, was a former Parks and Recreation Director, City Council member and lectured on parks and recreation at the universwel_. • All of our team members are Matrix Consulting Group staff, we propose no subcontractors. The use of subcontractors increases the risk that projects are of inconsistent quality and depth; customer service can also suffer. • We approach our projects by gaining a firm grounding in formal and fact-based analytical methodologies. • Our projects are characterized by extensive input and interaction between the consultants and our clients' staff, management and policy makers. • We recognize that successfully serving clients requires more than "giving them the right answers." In addition, we provide clients with practical plans for change. This philosophy has provided our clients with valuable assistance in enhancing service delivery, and resulted in high levels of implementation of our recommendations. 2. PROJECT STAFF The consultants proposed for this engagement have broad experience in analyzing Parks and Recreation functions, and specifically in management structure and staffing analyses, use of technology, service level definition, insourcing and outsourcing, and others. This project would be managed by our Senior Manager in charge of our parks and recreation practice. The organization of the team is shown below. Manager enior -.-ct Manager ews Ginny / . • • / Math Senior • - • r T*` Senior Manager Project Project • _ _ ......,.tip- .a„ We commit these staff for the duration of the assignment, if selected. A summary of their experience is provided below, with more extensive resumes provided as an appendix to this proposal. Matrix Consulting Group Page 2 ASHLAND PARKS AND RECREATION COMMISSION Proposal to Conduct a Performance Audit of Parks and Recreation ROBIN HALEY is a Senior Manager with the Matrix Consulting Group and brings over 25 years of consulting experience at the local and state level. His primary areas of work inc u P s_ _ i_ works utilities r_ financial and-.-------- management and---recreation,--public management audits, organization and management consulting, productivity and benchmarking studies. Mr. Haley has consulted in numerous functional areas in government including parks and recreation, public works, public safety, community development, planning, human and social services, finance, human resources, organizational development, as well as administrative and support services. Mr. Haley has conducted over 100 parks and recreational, engineering, public works and utility system operational reviews. He received his B.S. degree from the Georgia Institute of Technology and his M.B.A. from Georgia State University. Mr. Haley will serve as the Project Manager on this engagement. GREG MATHEWS - Mr. Mathews is a Vice President with the Matrix Consulting Group and has over twenty years of public sector experience, performing as both a senior management consultant and executive manager. As Deputy Director of Auditing for the Los Angeles City Controller's Office, he managed the day-to-day functions of the Performance Auditing. For over ten years Mr. Mathews has provided public sector consulting services to cities, counties and special districts throughout the Western U.S., and has completed comprehensive management studies encompassing over 100 operating departments. Mr. Mathews has participated as lead consultant in over forty consulting engagements, with emphasis in the public works and community development fields. His experience includes recent assignments for Spokane (WA), Goodyear (AZ), Sunnyvale (CA), Glendale (CA), and Beverly Hills (CA). Mr. Mathews also has extensive experience in the analysis of public safety functions, including such agencies as Orange County (FL), Omaha (NE), Glendale (CA) and Burbank (CA). Mr. Mathews received his B.A. from the University of California at Davis and his M.A. degree from the University of Southern California. Mr. Mathews would serve as a Project Analyst on this project. GINNY JAQUITH is a Senior Manager with the Matrix Consulting Group, with over 35 years of experience in the public sector as a consultant to local government and as a professor and department chair in the Recreation, Parks and Tourism Department at San Francisco State University. Ms. Jaquith has also previously served for over 17 years as the Department Director for the Parks, Beaches and Recreation Department in Pacifica, California. Ms. Jaquith has conducted over 30 management audits for governmental and non-profit organizations including for the following clients: Beverly Hills (CA), Los Angeles County (CA), Mountain View (CA), Orange (CA), Palo Alto (CA), Reno (NV), San Francisco (CA), Salt Lake City (UT), and Washoe County (NV). Ms. Jaquith has a B.A. from San Jose State University, a M.S. degree from San Francisco State University, and a doctoral degree from the University of San Francisco. She is based in our Mountain View headquarters' office. Ms. Jaquith will function as a Project Analyst on this engagement. KHUSHBOO HUSSAIN is a Consultant with the Matrix Consulting Group. Most Matrix Consulting Group Page 3 ASHLAND PARKS AND RECREATION COMMISSION Proposal to Conduct a Performance Audit of Parks and Recreation recently, Ms. Hussain has assisted with financial and management studies and analysis for the following jurisdictions: Elk Grove (CA), Fresno (CA), Long Beach (CA), Montville (NJ), Pasadena (CA), Rancho Mirage (CA), San Pablo (CA), San Mateo (CA), Springdale (AR), University of Maryland University_College MD~~ d-Willits_ Hussain will serve as a Project Analyst. 3. RELEVANT EXPERIENCE FOR THE MATRIX CONSULTING GROUP We have significant recent analytical experience conducting studies of parks and recreation, including the following clients: Alexandria, Virginia Grand Rapids, Michigan Salt Lake City, Utah Beverly Hills, California Irvine, California San Bernardino, California Boise, Idaho Lathrop, California Southlake, Texas Davis, California Los Angeles, California Tiburon, California In addition to the above, we are currently completing a performance evaluation of the Seattle Parks and Recreation Department and the Trumbull (CT) Parks and Recreation Department. Our experience has also included evaluations of parks and recreation as part of organization-wide studies in the Pacific Northwest and throughout the country: Avon, Connecticut Irvine, California Rancho Mirage, California Barstow, California Johnson County, Kansas Raymore, Missouri Brattleboro, Vermont Lathrop, California Roseville, California DeKalb County, Georgia Monroe County, Michigan Salt Lake County, UT Deltona, Florida Monrovia, California Spokane, Washington Fort Morgan, Colorado Montpelier, Vermont Sunnyvale, California Goodyear, Arizona Orland Park, Illinois Walnut Creek, California Greenbelt, Maryland Orleans, Massachusetts Waltham, Massachusetts 4. REFERENCES Listed below are references for studies relevant to this project, which the firm has recently conducted. Referen San Bernardino, In this study, the project team evaluated Kevin Hawkins California service levels, workload, output, and staffing Former Parks & Rec for all divisions and program areas in terms Director; Now Community Management Study of the of necessity, efficiency, staffing, funding, Services Director in Parks and Recreation hours of service versus demand for service, Temecula, California. Department responsiveness to resident needs, cost recovery, and organizational structure. The 951.694.6480 study came at a difficult time for the City and our study helped them restructure services, including completely contacting for parks maintenance services. Matrix Consulting Group Page 4 ASHLAND PARKS AND RECREATION COMMISSION Proposal to Conduct a Performance Audit of Parks and Recreation Client Project Summary Reference Grand Rapids, The firm developed a Business Plan for James Hurt, Director Y tasks eluded- Ptrb+ie-serv-iees - - an overall efficiency and effectiveness Parks and Recreation assessment of operational practices, staffing 616.456.3312 Business Plan requirements, services to be provided and the associated service levels. The organization was operating under a severe fiscal and staffing limitation that greatly impacted services provided and covered a minimal service level. The business plan provided a financial analysis with a longer- term goal toward self-sufficiency by aligning fiscal resources and service levels. Sunnyvale, California In a series of management studies, the Gary Luebbers project team completed evaluations of most Former City Manager, Serial Management City operations. Each study included an Now retired Studies covering all evaluation of staffing and operational governmental functions practices. In the Parks and Recreation and 435.668.6066 Libraries areas the project team recommended a consolidation of these departments because of impending management vacancies and the need to synergize the programs and services. There were also several recommendations to improve parks maintenance. Salt Lake City, Utah In this recently-completed study, the Matrix Cindy Gust-Jenson project team was requested to analyze the Executive Director of the Analysis of the Golf Fund financial trends of the City's eight golf City Council courses in order to make recommendations to the City Council regarding the future 801.535.7600 viability of the enterprise Golf Fund. The project team analyzed financial and demographic trends related to rounds played, the capital investments and needs of the Fund, and alternative forms of management. Recommendations included the elimination of two unprofitable golf courses, the issuance of an RFP to investigate the financial feasibility of privatizing management of remaining courses, and the prioritization of capital expenditures on courses that had been neglected over a period of years. 5. OUR GENERAL APPROACH TO PROVIDING CONSULTING SERVICES. We believe that several aspects of our overall approach should be stressed. Our intent is not merely to describe the tasks we will perform to provide the requested services, but also to demonstrate how we will produce results that are accurate and Matrix Consulting Group Page 5 ASHLAND PARKS AND RECREATION COMMISSION Proposal to Conduct a Performance Audit of Parks and Recreation concrete, substantive, defensible and can be implemented. These aspects are described in the paragraphs below. l- Project Management- One critical success factor in conducting a project of this nature in an efficient, timely, and effective manner, is project management. The Matrix Consulting Group utilizes project management approaches that ensure that (a) efficiencies can be achieved in the gathering and analysis of information; (b) disruption to the day-to-day operations of the City can be minimized; and (c) later tasks can build upon the results of earlier ones so that backtracking and redundant work effort (and unnecessary costs to the APRC) can be avoided. (2) Information Gathering Equally important to the success of the project are the methods that we will use to collect, analyze, and present information in order to formulate findings and develop and assure acceptance of recommendations. The Matrix Consulting Group has developed, and fine-tuned over the years, a number of information gathering tools and techniques. These tools enable us to gather information efficiently and quickly. The tools that we will employ in this project include: • Documentation and data request forms. These are written checklists that specify the types of documentary material (e.g., organization charts, policies and procedures, financial statements, budgets, fee structures, etc.) and quantitative information (e.g., workload data, participant data, etc.) we are seeking in order to evaluate workload, workflow, staffing, and management practices. They will serve as an initial blueprint for City staff to follow in assembling pertinent information for our review before we commence site visits and interviews. • Interviews. While surveys are valuable tools for gathering information from large groups of people, they lack the specific information that can only be gleaned from face-to-face conversation. For this reason, employee interviews are staples of our consulting approach. We will utilize interviews to gain a perspective regarding such issues as staffing and responsibilities of the Commission, current workloads and trends, educational efforts to inform the public of available services and programs, approaches to assess customer satisfaction, basic service levels and goals, etc. As the next section demonstrates, our attention to detail also carries through to our analysis. (3) Data Analysis The Matrix Consulting Group uses a number of proven analytical methodologies that we have developed in areas such as those presented in the following paragraphs. Matrix Consulting Group Page 6 ASHLAND PARKS AND RECREATION COMMISSION Proposal to Conduct a Performance Audit of Parks and Recreation • Benchmarking. Benchmarking of services to assess organizational efficiency and effectiveness has been increasingly utilized in the public sector to compare ____organizations in terms of "best -practices". This approachthrQugh the use of our "Diagnostic Assessment Matrix" will be useful in this study to assess the current approaches to delivery of services. This assessment also clearly identifies current strengths, weaknesses and opportunities for improvements. We will utilize a list of quantitative and qualitative best practices that have been developed by the Matrix Consulting Group to benchmark Parks and Recreation operations and management functions. • Performance Measurement. The Matrix Consulting Group employs performance measurement techniques in every management study we conduct. This will enable us to fully understand the current levels of service provided to the City's customers. We identify key performance measures that can be utilized by the organization in evaluating performance in the future. These approaches will serve as critical components in conducting a thorough assessment of the Commission's operations. (4) An Inclusive Stakeholder Oriented Approach Employee involvement and close contact with the City's project manager are critical components of the management study. If selected to conduct this study, we propose the following approaches to ensure that staff involvement is maximized over the course of the project. • We will interview a significant number of employees at all levels of the Commission. During these interviews, we will explain the purpose of the study and will solicit employee input regarding improvement opportunities in order to develop a complete understanding of their role in providing services. • We will prepare reports periodically throughout the study to apprise you of progress to date, problems or obstacles encountered, and planned project activities over the next several weeks. These will be provided to the City and discussed as necessary to maintain progress on the study. We will also be available to conduct presentations at various phases of the project to update staff and local officials. • We routinely work with, and recommend that clients utilize, a steering committee to oversee the conduct and progress of our studies. These committees typically include a representative from each of the major functional areas involved in the study. This committee serves as a critical point of contact for our project team to discuss progress, review interim documents, and discuss alternatives as they are developed. This level of involvement by staff ensures that all impacted parties are integrally involved and have ongoing input to the project team. Matrix Consulting Group Page 7 ASHLAND PARKS AND RECREATION COMMISSION Proposal to Conduct a Performance Audit of Parks and Recreation The next section describes in more detail how our firm would conduct this analysis of Parks and Recreation activities for the Town of Ashland. 6. PARKS AND RECREATION COMMISSION AUDIT TASK PLAN The following are proposed tasks for conducting an analysis of the Parks and Recreation activities in the City of Ashland. Task 1 Develop an Understanding of Current Parks and Recreation Issues and Develop a Detailed Profile of Existing Operations. To evaluate the organization and operations of Parks and Recreation activities in Ashland, we need to develop an understanding of the key issues impacting and shaping service requirements today. To develop this perspective, we will conduct interviews with the Ashland Parks and Recreation Commission, key stakeholders such as other City department personnel as well as potentially interested resident groups, and the staff engaged in the delivery of parks and recreational services in the City. These interviews will focus on exploring issues and attitudes regarding the adequacy of service levels, and perceived gaps in existing levels of service; the impacts of any organizational and staffing changes which have been made in the past several years; goals and objectives with regard to the delivery of services in each of the parks and recreation functions; current approaches to partnership development with other governmental agencies, Not- For-Profit (NFP) organizations and private service providers; adequacy of management systems and technology; and outsourcing and insourcing philosophy of the Commission. Next we will develop a detailed description of the parks and recreational services provided by the APRC. Our focus will be on how services are delivered, staffed, promoted, and managed, as well as the costs associated with the delivery of those services. The development of this detailed description will be based on interviews as well as on the collection of operating information and data such as the current organization of the services; the costs of activities, as reported in the budget and any available activity-based-costing reports; documentation of all key operations, including service scope, deployment of staff, job descriptions, workload data, locations of fields, facilities courses, etc.; basic service levels and extent of contracted services; documentation of the current technology in use in the Parks, Recreation Commission; and documentation of management systems available to support departmental operations, including financial reporting, scheduling and registration systems, performance monitoring systems, etc.: Once these initial data collection activities have been completed, the project team will prepare a summary descriptive profile that presents our understanding of the current organization, staffing, operations and costs of the services provided by the APRC. This profile will be circulated among staff for comment to ensure the accuracy of our understanding. The profile will then be presented to the project steering committee. Once completed and reviewed, the profile information will provide the basis for analysis Matrix Consulting Group page 8 ASHLAND PARKS AND RECREATION COMMISSION Proposal to Conduct a Performance Audit of Parks and Recreation conducted and completed in subsequent study tasks. Deliverable: The deliverable for this task will be a descriptive profile. Task 2 Compare Operations and Practices to Other Municipalities and to "Best Management Practices". The purpose of this task is to evaluate maintenance, programming and recreational services in the context of similar organizations and to best management practices in the profession. Our project team has significant experience in conducing surveys of municipalities throughout the country to determine areas in which similarities and differences exist. We will propose eight to ten municipalities that are similar in terms of geographic location, size, similarity of service provision and demographics, and will discuss the relevance of each with the APRC. The APRC may wish to accept these or propose others, and our project team will administer the survey to the chosen number of municipalities to assess the survey participants' forms of organization, fee structures, staffing levels, expenditure levels, uses of technology, use of maintenance contracts, as well as other facets of operation. The APRC's RFP indicates a particular interest in ascertaining the ratio of revenues generated by fees and registrations versus subsidies, and we will include questions designed to elicit this information from survey participants. In addition, however, we will also solicit information related to staffing levels, budgets, breadth of programmatic offerings, extent of partnerships, as well as other elements of organization and operations. When conducting the best management practices assessment, each operational area will be assessed. The best practices comparison would be completed for each key function provided by the Commission. We would expect to evaluate the programs and practices of the Commission against best practices in areas such as staffing, management and strategic planning, human resource management, safety, park maintenance, asset management, etc. The best practices utilized for comparison in this task would be based upon our accumulated knowledge and experience with efficient and effective organizations across the country, as well as through accepted industry benchmarks from such organizations as NRPA, and others. This benchmarking would focus both on quantitative and qualitative measures. Representative examples include. The Commission coordinates the delivery of its program and services with other public and private agencies to avoid duplication. The Commission utilizes Internet-based class registration software. Customers can register for recreation classes on-line. The Commission utilizes joint use agreements with other entities, such as the local school department, that allows the use of outdoor facilities such as sports fields, and the use of indoor facilities such as gymnasiums. Matrix Consulting Group Page 9 ASHLAND PARKS AND RECREATION COMMISSION Proposal to Conduct a Performance Audit of Parks and Recreation There is a policy or a proactive approach for soliciting external funding (e.g., donations, sponsorships, in-kind contributions, etc.) to support recreation programs. TtTer-e--is-&-consotidated,-consistent effort to effect ivei market Y- fsroJr'ams-anzt-smims-to----- potential customers and clients in the community. The Commission utilizes an ongoing proactive formal evaluation system to seek customer input and feedback for each program or class. The Commission utilizes all appropriate promotional methods to advertise its programs. The project team will utilize a set of best management practices for each of the major functional area (e.g., Parks Maintenance and Operations, Golf services, Recreational Programming, etc.). The product of this task would be a diagnostic appraisal - a written assessment that provides a clear understanding of the results of the data analysis in this task and the previous tasks. This analysis would indicate for each best management practice whether the Commission is currently meeting the target or whether it is an opportunity for improvement. An interim report would be generated which summarizes this diagnostic assessment, then reviewed with staff and the project review committee. Deliverable: The product of this task would be a diagnostic assessment of the strengths and improvement opportunities in Parks and Recreation Commission. Task 3 Evaluate Existing Recreation Programs and Facilities. The purpose of this task is to evaluate the efficiency and responsiveness of the Commission's recreational services. Completion of this task will involve the following steps: Profile the existing recreation programs provided by the APRC over a 12-month period to include: • The types of programs and services provided. • Level of participation in each program by season. • Rounds played at the golf course • The facilities used or where recreational programs are provided. • Condition of the facilities. • The cost of recreational programs, including the fees per participant. • Levels of fees in comparison to other departments. • The staff or contractor providing each recreational program Compare the extent of recreation and community service programs offered by the Commission against programs typically provided by other entities similar to the City of Ashland. Identify gaps in programming which appear to exist. Review the duties of all full time and seasonal employees to determine whether duties and/or shifts can be combined, whether duties that are performed are in accordance with needs and are also in accordance with duties as described in job descriptions. Matrix Consulting Group Page 10 ASHLAND PARKS AND RECREATION COMMISSION Proposal to Conduct a Performance Audit of Parks and Recreation Assess the operational costs at the golf course, including fleet maintenance and replacement, irrigation costs, course maintenance, etc. R-evtew-an evataatr--the-ear trn~es-arnt--revenues of att sp~o a ttC~rft*nds - - _ - _ _ _ Document the extent to which the Commission has conducted a needs assessment to: (1) determine community interest and recreation service expansion, and (2) determine which entity is best able to provide such services. Document the extent to which the Commission has assessed the community's desires for retention or expansion of programs. Evaluate existing recreation facilities and determine utilization levels, facility strengths and weaknesses, future capital improvement plans and needs, and the adequacy of maintenance. Evaluate the level of participation for each recreation and community service program to determine the extent of demand. Document if some programs are no longer available. Assess the methods of promoting the APRC's programs and activities. Is the Commission utilizing all promotional and advertising methods available to it, including web site, social media, flyers, surveys? Document the extent to which programs and services provided by the Commission duplicate those provided by profit or non-profit organizations in the local community. Review contracts with contract service providers and sports leagues and other system users. Develop an understanding of the approaches used to obtain and use customer input to improve existing services or create new programs or services in the Commission. Document the use of technology to monitor program performance and utilization. Document any additional facilities or different types of facilities that should be planned for in the City and included in the CIP. Has maximum use been made of existing public facilities? Are the APRC's existing working relationships functioning as intended? Are there other partnerships that could benefit the APRC, as well as these potential partners? This task, then, will include detailed analysis of the following: • Needed adjustments in the types of recreation and community service programs provided by the City to meet current and projected future demands. • Detailed assessment of existing recreational services provided either through the fees or through the General Fund. • Assessment of the management of recreational and golf services, including programs, staff and facility utilization. • Recommended adjustments in the provision of the services focusing on the elimination of duplication between the Parks and Recreation Commission, non- profit agencies and for profit agencies. The product of the task will be an evaluation of the adequacy of recreational Matrix Consulting Group Page 11 ASHLAND PARKS AND RECREATION COMMISSION Proposal to Conduct a Performance Audit of Parks and Recreation services, opportunities to better meet community needs in recreational services, the utilization of staff and facilities, and use of community input to continuously improve service delivery. An interim report would be generated which documents current practices and- s--far--m4 rovemerit aAke--wilt-re-view-t4is_--da rt-wit#-APRC- - - staff and the project review committee. Deliverable: The product of this task would be an interim discussion document that outlines the evaluation of recreational and golf services. Task 4 Evaluate Parks Maintenance Staffing and Operations. In this task, the project team would conduct a comprehensive assessment of maintenance operations, staff productivity and management. The initial step in evaluating the efficiency and effectiveness of maintenance operations will be directed at assessing the adequacy of the service levels for the City's parks, open space, facilities, technology and fleet at an overall level. For example: Document the level of the service and maintenance standards utilized by the Commission in maintaining the park system and open space. This will focus on key tasks such as mowing, edging, fertilizing, policing, week control, and the like. It will identify various activities that occur given the seasonal nature of maintenance tasks performed by the APRC. Select a sample of City parks, inspect and evaluate the quality of maintenance. This will involve the development maintenance standards defining the quality of maintenance to be provided. Identify the extent of backlogs for corrective repairs to park furniture, bathrooms, requests made by the public for trimming of trees, etc. Document the length of time required to resolve backlogs. Identify whether existing service levels are sufficient to maintain the park and open space system and prevent its deterioration. Determine the extent to which a maintenance management system exists to plan, schedule, and prioritize maintenance activities. Document the existence of an asset management plan that identifies the locations, ages and life cycles of assets, the documentation of maintenance of these assets, and planned replacement, etc. Document the existence of any partnership agreements to jointly provide maintenance management services with private, non profit or other public entities. Review the duties of all full time and seasonal employees involved in maintenance activities to determine whether duties can be combined, whether duties that are performed are in accordance with needs and are also in accordance with duties as described in job descriptions. Document the level of the service and the maintenance standards utilized by the Commission in maintaining and repairing its facilities, fleet and equipment. What are maintenance crew sizes? How is work planned, scheduled and evaluated by supervisors? Are there other types of equipment which could impact performance and productivity? Then, opportunities for improving utilization of park and open space, facility, and Matrix Consulting Group Page 12 ASHLAND PARKS AND RECREATION COMMISSION Proposal to Conduct a Performance Audit of Parks and Recreation fleet maintenance operations and staff will be documented. Detailed opportunities for improving productivity and cost effectiveness need to take into account the following components: (1) existing staff utilization and service levels, (2) work methods and procedures _impacting_ staff utilization, _(3) -work scheduling and_Van~t ng_tedhniques,_(4) opportunities for privatization, and (5) opportunities for fleet changes to improve efficiency. This task will include such approaches and methodologies as the following: Evaluate staff deployment compared to service levels and facility characteristics. This analysis will evaluate staff utilization by using guidelines for staffing that have been developed by the firm, professional associations, or as identified in the ICMA Comparative Performance Measures. Evaluation of the adequacy of major work practices. The analysis will focus on identification of opportunities to streamline work practices to increase utilization levels and/or reduce staffing requirements. Through the analysis of major work practices, the team will seek to determine: • Crew sizes and various units are appropriate to the type and volume of work performed. • Ways exist to reduce travel time and unproductive staff usage. • Equipment is available to reduce labor-intensive work tasks. • The frequency of various work tasks now performed is unnecessary or can be reduced. • Some work tasks can be eliminated all together. • Skill mix for positions can be improved. • Use of part-time staff for maintenance of facilities can be increased, and the extent of utilization of full-time staff reduced to reflect the seasonal nature of work practices and service provided. • Whether job descriptions accurately reflect duties actually performed by staff. Evaluation of work planning and scheduling. Analysis will focus on systems and processes used to plan and control work focusing on: • Evaluation of the overall maintenance management program employed to support field operations to include maintenance frequencies, maintenance standards, staff assignment to maintenance tasks, and systems and procedures employed to monitor performance of both scheduled and unscheduled maintenance programs. • Adequacy of supervisory training related to planning and scheduling work. • Availability of materials and supplies to support planning of work and maintenance activities. Evaluation of the use of contract services to maintain the infrastructure. Analysis will focus on a number of elements including: • The extent to which contractors are used for maintenance of facilities, parks, trees, and the fleet. • Estimating the cost of service contracting based on the experience of other cities that have implemented service contracts in each maintenance service area analyzed. • Compare those costs with the cost of in-house services. • Identify the impact of contracting on service levels and service responsiveness. • Identify the impact of service contracting on City capabilities to respond to emergency situations including disasters as well as emergency response to unscheduled service problems Analysis of these components will result in the development of detailed recommendations regarding specific staffing required given acceptable utilization levels, specific positions whose job duties may be adjusted or redesigned if reasonable utilization levels are achieved, specific steps that can be taken to reach reasonable utilization levels, etc. Where specific reconfiguration or technical adjustments are recommended, the additional costs will be documented and compared to off-setting cost reductions and Matrix Consulting Group Page 13 ASHLAND PARKS AND RECREATION COMMISSION Proposal to Conduct a Performance Audit of Parks and Recreation impact on staff utilization levels. An interim report would be generated which documents current practices and opportunities for improvement, reviewed with staff and the project review committee. Deliverable: The product of this task would be an evaluation of the staffing and operational practices of the APRC's parks maintenance activities. Task 5 Evaluate the Adequacy of the Existing Management, Organizational and Governance Structure. The purpose of this task is to evaluate the efficiency and responsiveness of the plan of management and organization of Parks and Recreation Commission. This analysis will focus heavily on the roles, responsibilities and workload demands of all field, administrative and management personnel. The evaluation will take into consideration current and future operations. First of all, to analyze the appropriateness of existing organizational structure, we will address such factors as: Is the organization too "tiered" or too "flat" from the management staffing perspective? Are functions placed too high or too low in relationship to their importance in meeting operating and service objectives? Are spans of control too broad or too limited? Does the current plan of management organization staffing provide for adequate communication and coordination between and among operating units? Are there any overlapping or duplication of functions? Are there missing services or gaps in staff functions? Does the plan of organization provide clear lines of authority and responsibility? Are management and supervisory personnel spending their time on high priority and important work? Are managerial and supervisory personnel effectively utilized? Is the balance of part-time and full-time staff appropriate? Then, the consulting team will identify and evaluate positive and negative features of major management systems within the Commission to manage resources. The systems to be analyzed will include. Management procedures and policies. Organizational performance planning and measurement of efficiency and effectiveness. Matrix Consulting Group Page 14 ASHLAND PARKS AND RECREATION COMMISSION Proposal to Conduct a Performance Audit of Parks and Recreation Needs assessment devices and techniques to develop and plan recreation services and programs. Program evaluation and customer satisfaction survey approaches. Technology utilization and identified technology needs for the future. Financial accounting and reporting. In performing this portion of the work task we will compare what exists in the Commission to what the consulting team would expect in a modern and progressive parks and recreation department providing similar services. In determining the adequacy of these management systems, we will ask such illustrative questions as: Does the budget link anticipated expenditures to proposed performance objectives and service levels? Can unit cost of services be determined (e.g., cost per acre mowed)? Do indicators of workload, efficiency, and effectiveness exist for each organizational unit? Is performance regularly monitored and reported? Is the Commission taking advantage of opportunities for automating systems? Has the Commission inventoried the infrastructure it maintains and prioritized renewal needs? Has the Commission developed an annual work program to plan the performance of its staff? Are formal community needs assessments employed to support program design and development? Are customer attitudes toward program content and quality surveyed and evaluated? How are staff and contractors recruited and selected? During this task, our project team will also assess the current form of the governance structure whereby the APRC is a component unit of the City of Ashland for financial reporting purposes, with the authority to create, maintain and manage all parks lands, funds and policies. Our project team will assess the benefits, challenges and improvement opportunities of the current form of governance. The products of this task would be an assessment of current plan of administrative organization and management, including the identification of any specific organizational modifications and the impact of those modifications on both managerial and supervisory staffing levels and costs; and an inventory of issues and gaps in the management systems and recommended solutions. The task will also provide an assessment of the benefits, challenges and improvement opportunities in the current form of governance of the APRC. This interim report would be reviewed with staff and the project review committee. Deliverable: The deliverable for this task will be an assessment of the Matrix Consulting Group Page 15 ASHLAND PARKS AND RECREATION COMMISSION Proposal to Conduct a Performance Audit of Parks and Recreation management of the organization, the form of organization, as well as the current form of governance of the APRC. _Task 6 _Prepare a-Draft and Pinat Report and Implementation Plan for Parks and Recreation Activities. Once the work tasks noted above have been completed, our analysis, findings, and conclusions will be documented and reviewed with the APRC. The draft and final reports will contain the following elements: • An executive summary that summarizes all of our recommendations, along with a timeline for implementation and any cost impacts. • A final version of the descriptive information regarding Parks and Recreation activities in the City that shows key operating characteristics for each business element and revenue source. • A final version of the results of the comparative survey of cities providing similar recreational and maintenance services. • A final version of the `best management practices' assessment. • Detailed analysis of, and justification for, each identified improvement opportunity relating to philosophies and commitments, staffing required given these commitments, managerial and operational practices for service delivery. • Recommended staffing allocations, by number and position, for each function, as well as financial and performance indicators. This will contain recommended organizational charts that describe any changes to the structure. • An implementation plan for each improvement opportunity to ensure that there are accountability mechanisms in place to ensure that responsibility is allocated, timing is planned, and results are demonstrated. This will also include recommendations for aligning financial policies and operational procedures with City standards. We will provide ten (10) copies of the draft report to the City for review, and will incorporate all appropriate comments after internal discussions and discussions with the City's project management team. We will then provide the City with 25 copies of the final report along with an electronic copy. We would be pleased to present our findings on request. Deliverable: The product of this task would be the draft and final reports which would be submitted to the APRC. Once finalized, the report would be presented to the public in a meeting or workshop of the Parks and Recreation Commission. Matrix Consulting Group Page 16 ASHLAND PARKS AND RECREATION COMMISSION Proposal to Conduct a Performance Audit of Parks and Recreation 3. PROJECT SCHEDULE The table, which follows, presents the proposed timeline for completing the tasks identified in our task plan. We have proposed a plan that would result in the delivery of the draft business plan within a twelve week period. Assuming a January 18, 2016 start date, our proposed delivery of the draft final report is the week of April 8, 2016. Weeks After Project Commencement 61 8 2 1. Understanding and Profile 2. Best Practices/Survey 3. Rec. Programs and Facilities 77 4. Parks Maintenance and Staffing 5. Organizational Structure 6. Draft and Final Report Matrix Consulting Group Page 17 ASHLAND PARKS AND RECREATION COMMISSION Proposal to Conduct a Performance Audit of Parks and Recreation 4. FEE SCHEDULE Based upon the scope of work outlined in the RFP and our task plan, we propose to conduct the Parks and Recreation Performance Evaluation for $49,000, inclusive of professional fees and travel expenses. These costs are summarized below: PM/Lead Project Task Analyst Analyst Consultant Total 1. Understanding and Profile 16 40 24 80 2. Best Practices/Survey 8 12 16 36 3. Recreation Programs and Facilities 16 40 24 80 4. Parks Maintenance and Staffing 16 16 8 40 5. Organizational Structure 8 12 0 20 6. Draft and Final Report 16 32 8 56 Total Hours 80 152 80 312 Hourly Rate $175 $150 $100 Total Professional Fees $14,000 $22,800 $8,000 $44,800 Project Expenses $4,200 TOTAL PROJECT COST $49,000 Our normal practice is to bill for actual time and expenses on a monthly basis, not exceeding the total contract amount. Matrix Consulting Group Page 18 ASHLAND PARKS AND RECREATION COMMISSION Proposal to Conduct a Performance Audit of Parks and Recreation ROBIN G. HALEY SENIOR MANAGER, MATRIX CONSULTING GROUP $aekgrou-nd--Mf-.+1aley-b-a-s over -25-years-of-ptr{Elie-t-nanagerrtertt-cen-s-ulttngexpe-rtence~,-w-i-th- a-- - primary emphasis on public works related services. This includes a diverse area of experience that includes utilities, streets and highways, solid waste and recycling, rights-of-way maintenance, parks and recreation, fleet management, facilities management, and customer service management systems. Additionally, Mr. Haley has 10 years of experience as a financial analyst in the transportation and defense contracting industries, with responsibility for budgeting and budget oversight, cost estimation and customer service. Agency-Wide Studies: Managed and conducted studies of city and county organizations. Scopes of work included analyses of organizational structure, management and planning, staffing, performance measurement and management, operational requirements, policies and procedures Alexandria, Louisiana Hall County, Georgia Allegan County, Michigan Hammond, Indiana Augusta-Richmond, Georgia Hobart, Indiana Beaufort County, South Carolina Hyattsville, Maryland Brattleboro, Vermont Knox County, Tennessee Brunswick, Georgia Lake County, Indiana Charleston County, Georgia Lawrence, Massachusetts Chatham County, Georgia Maryland Transportation Authority East Chicago, Indiana Polk County, Florida Effingham County, Georgia Prescott Valley, Arizona Farmington Hills, Michigan San Antonio, Texas Gainesville, Georgia Venice, Florida Gary, Indiana Waltham, Massachusetts Glynn County, Georgia Whiting, Indiana Administrative Services: Managed and conducted studies of internal service functions, including human resources, information technology, purchasing, risk management and finance. Scopes of services included analyses of resource requirements, workflow, customer service practices, and comparison to best management practices and peer agencies. Gainesville and Hall County (GA) - Tax Assessor, Ada County (ID) Highway District - Finance, Finance, Human Resources Purchasing Knox County (TN) - Finance, Human Resources, Augusta-Richmond (GA) - Tax Commissioner Risk Management, Trustee Barnstable (MA) - Tax Assessor Las Vegas (NV) Metropolitan Police Department - Beaufort County (SC) - Tax Increment Financing Human Resources Brattleboro (VT) - Town Clerk, Lister Lawrence (MA) - Finance Chatham County (GA) - Finance Maryland Transportation Authority - Human Effingham County (GA) - Finance, Tax Collector, Resources, Risk Management, Purchasing Purchasing Nashville and Davidson County (TN) - Internal Farmington Hills (MI) - Finance, Purchasing Services Benchmarking Floyd County (GA) - Tax Assessor, Human Prescott Valley (AZ) - Finance Resources Waltham (MA) - Finance, Human Resources Fire and Emergency Medical Services: Mr. Haley has conducted studies of fire and emergency medical services which have included analyses of station location, deployment, response policies, staffing, fire prevention, training and administration. Americus, Georgia Rock Island, Illinois Moline, Illinois Sun Prairie, Wisconsin Putnam County, Georgia Troup County and Lagrange, Georgia Matrix Consulting Group Page 19 ASHLAND PARKS AND RECREATION COMMISSION Proposal to Conduct a Performance Audit of Parks and Recreation ROBIN G. HALEY SENIOR MANAGER, MATRIX CONSULTING GROUP Parks & Recreational Services- Mr. Haley has conducted and managed many studies of parks and -reereationat-semces-- T-hes-ctnetuded-dnalys~s-of-s4affin~-organtzatiar -s-trtteture;-tn-artagement--- information systems use, recreational service provision, maintenance management, asset management, financial and administrative services, and others. These studies focused on optimizing the use of resources, planning and managing resources, business plan development, strategic planning, and other topics. California Roseville Massachusetts Waltham Connecticut Greenwich Michigan Farmington Hills Florida Davie Rhode Island Jamestown Illinois Orland Park, Trumbull Utah Salt Lake City Indiana Lake County Vermont Brattleboro Public Works and Utilities: Mr. Haley has conducted and managed many studies of public works and utilities functions, including streets, solid waste and recycling, fleet management, engineering, water and wastewater utilities, traffic and facilities management. Scopes of services have included analyses of street replacement and resurfacing, management and planning of maintenance activities, crew sizes, staffing requirements, fleet and equipment needs, vehicle maintenance and replacement, infrastructure maintenance and replacement, staff utilization, customer service and responsiveness, as well as other functions. Arizona Maricopa County, Peoria, Pinal County, Missouri Lee's Summit Prescott Valley California Ventura County, West Covina Nebraska Sarpy County Colorado Aurora, Thornton New York Onondaga County Florida Escambia County Utilities Authority, North Carolina Nags Head, Winston-Salem Hernando County, Pasco County Sheriff, Polk County, Tampa, Venice Georgia Augusta-Richmond, Floyd County, North Dakota Grand Forks Gainesville, Hall County, Macon Idaho Ada County Highway District Oregon Douglas County Illinois Moline, Rock Island Puerto Rico Ponce Indiana East Chicago, Gary, Hammond, Lake South Carolina Beaufort County, Charleston County, Whiting County, Hilton Head Public Service Dist. No. 1, Rock Hill Louisiana Alexandria Tennessee Nashville, Springfield Massachusetts Chelsea, Haverhill, Lawrence, Texas San Antonio, Southlake Springfield, Waltham Michigan Farmington Hills Virginia Lynchburg Mississippi Jackson Wisconsin Milwaukee, Waukesha Education: B.S. Georgia Institute of Technology, Atlanta, Georgia 1980 M.B.A. Georgia State University 1988 Matrix Consulting Group Page 20 ASHLAND PARKS AND RECREATION COMMISSION Proposal to Conduct a Performance Audit of Parks and Recreation GREG MATHEWS SENIOR MANAGER, MATRIX CONSULTING GROUP -G ~ Md-athe fTas over 27 years-of privates and-putyffc sector experi_r L-- performing- as both a senior management consultant and executive manager. As Deputy Director of Auditing for the Los Angeles City Controller's Office, he managed the day-to-day functions of the Performance Auditing, Follow-up, and Management Assessment sections in the Performance Audit Division for this elected official. This work was preceded by seven years at the Orange County Sanitation District as Administrative Services Manager and part of the Executive Leadership Team. For nearly fourteen years he has provided public sector consulting services to states, cities, counties, and special districts throughout the U.S., and has completed comprehensive management studies encompassing over 120 operating departments. He has participated as project manager or lead consultant in over 80 consulting studies, with emphasis in various public safety, public works, parks/recreation and administration. Agency-Wide Studies: Conducted studies of entire organizations. Scopes of work included organization, management spans of control, service and staffing levels, operational requirements, information technology assessment, as well as policies and procedures review. Albuquerque (NM) Matanuska-Susitna Borough (AK) Barstow (CA) Monroe County (MI) Carlsbad (CA) Rancho Mirage (CA) Douglas (AZ) Roseville (CA) Goodyear (AZ) San Rafael (CA) Hanford (CA) Spokane (WA) Public Works, Transportation, Parks & Recreation and Public Utilities: Performed studies of fleets, roads, parks, recreation, traffic, water, sewer and other infrastructure maintenance to include engineering services. Study scopes included the effectiveness of maintenance management, feasibility studies, technology used, crew sizes, fleet utilization and specifications, staff utilization, and the level of service to the community served. Mr. Mathews has been a multiple guest lecturer at the Association of Local Government Auditors (ALGA) related to fleet practices and performance management. Association of CA Water Agencies Monrovia (CA) Bay Area Quality Mgmt District (CA) Monterey County (CA) Banning (CA) Napa County (CA) Boise (ID) Redmond (WA) Carlsbad MWD (CA) Renton (WA) Chino Valley Public Agencies (CA) SAFCA (CA) Denton (TX) Santa Barbara (CA) El Centro (CA) San Diego County (CA) Grand Rapids (MI) San Mateo County (CA) Imperial Irrigation District (CA) Santa Clara Valley WD (CA) Indian Wells (CA) South Coast Water District (CA) Jackson County (OR) South San Francisco (CA) Marion County (OR) Sunnyvale (CA) Modesto (CA) Tualatin Valley Water District (OR) Nevada Power (NV) Upland (CA) Moorpark (CA) Washington Dept. of Transportation EDUCATION: Mr. Mathews received his B.A. from UC Davis and M.P.A. degree from the University of Southern California. Matrix Consulting Group Page 21 ASHLAND PARKS AND RECREATION COMMISSION Proposal to Conduct a Performance Audit of Parks and Recreation JAQUITH SENIOR MANAGER, MATRIX CONSULTING GROUP Background: Ginny Jaquith has over 35 years experience in the public sector, education and as a consultant to local, regional and state governments and the nonprofit sector. While with Hughes, Heiss and Associates, Ginny Jaquith participated in over 80 executive recruitment processes for local and regional governments and more than 30 management audits for governmental and nonprofit agencies. In addition, Dr. Jaquith served as faculty and Department Chair in the Recreation, Parks, and Tourism Department at San Francisco State University. Consulting Experience: Conducted studies focused on parks, recreation, library, cultural arts, volunteer and community service functions for cities, special districts and county organizations. Provided strategic planning consultation to nonprofit organizations. Representative studies include: Beverly Hills, California Los Angeles County, California Salt Lake City, Utah Reno, Nevada Washoe County, Nevada Orange, California Palo Alto, California Nebraska State Arts Council, Nebraska Mountain View, California San Francisco, California Education Experience: Over a 30 year university academic career, Dr. Jaquith developed and taught coursework in the graduate and undergraduate programs in Park, Recreation, Tourism and Nonprofit curriculum focused on administration and management, planning and evaluation, program planning and service delivery, and leadership. Conducted research studies, implemented grant projects in a variety of areas, managed a number of university-wide projects and coordinated internship programs. • Department Professor, Recreation and Leisure Studies Department, San Francisco State Univ. • Directed Operation Access, Expanding Recreational Opportunities for Persons With Disabilities. • Directed Nonprofit Agency Administration Certificate program affiliated with American Humanics. • Developed and implemented statewide family camping program (FamCamp) in conjunction with California State Parks and Recreation Department and nonprofit organizations in California • University representative to Lake Merced Task Force in conjunction with San Francisco Recreation and Park Department and Public Utilities Department • Established and directed university-based affiliate community service programs including TRUE, Pacific Leadership Institute and Tall Ship Semester at Sea • Developed and implemented American Humanics Honors Internships in Social Entrepreneurship grant project funded by the Ewing Marion Kauffman Foundation. Public Sector, Nonprofit and Community Service Experience: More than 40 years active participation as elected official, parks and recreation professional, nonprofit organization director and extensive experience in the development of and fundraising for community based projects. • Mayor and City Councilmember, City of Pacifica, California (12 years) • Department Director, Parks, Beaches and Recreation Department, Pacifica, CA (17 years) • Member, San Mateo County Civil Grand Jury, 2008-09, 2009-10 juries • Member, Sharp Park Golf Course Task Force, Pacifica, California • National Board of Directors, American Humanics, Inc., Missouri • Vice President, Board of Directors, Pacific Coast Fog Fest, Pacifica, California Education: BA degree from San Jose State University, MS degree from San Francisco State University and doctoral degree from the University of San Francisco Matrix Consulting Group Page 22 4 Page 1 / 1 ASHLAND PARK COMMISSION - 20 E MAIN ST. DATE PO NUMBER ASHLAND, OR 97520 2/3/2016 00540 (541) 488-5300 VENDOR: 004735 SHIP TO: MATRIX CONSULTING GROUP LTD 201 SAN ANTONIO CIRCLE SUITE 148 MOUNTAIN VIEW, CA 94040 FOB Point: Req. No.: Terms: net Dept.: Req. Del. Date: Contact: Michael Black Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Ashland Parks and Recreation 49,000.00 Performance Evaluation Contract for Personal Services Beqinninq date: January 25, 2016 Completion date: March 9, 2016 SUBTOTAL 49 000.00 BILL TO: TAX 0.00 FREIGHT 0.00 TOTAL 49, 000.00 Account Number Project Number Amount Account Number Project Number Amount E 211.12.02.01.60416 49 000.00 Authoi:iied Signature VENDOR COPY FORM #3 CITY OF ASHLAND 2!-,, r , °tl,J llc), ~i r 1J ah~ ~J, REQUISITION Date of request: 12/22/2015 Required date for deliver 1/ 12015 Vendor Name Matrix Consulting Group, Attn: Richard Brady Address, City, State, Zip Contact Name & Telephone Number 201 San Antonio Circle Suite 148 Mountain View CA 94040 Fax Number Tel: 650-858-0507 Fax: 650-917-2310 rbrady0matrixcg,net SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon FY 15-16 ❑ Direct Award Date approved by Council: Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ® (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost Per scope of work outlined by Parks RFP and contractor's RFP response, Matrix Consulting Group will conduct the Ashland Parks and Recreation Performance Evaluation for $49,000, $ 49,000 inclusive of professional fees and travel expenses. Costs paid out for PM 1 Lead Analyst, Project Analyst, Consultant and project expenses. Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ® Per attached quotelproposal $ 49,000 Project Number _ _ _ _ _ _ - _ _ - Account Number 211 - 12 02 - _01_ 604160 _ - - Account Number--- - - - - Account Number---. *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes /No By signing this ion form, I certify that the City's public contracting requirements have been satisfied. Employee: Department Head• _ 1 (Equal_to-or greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year: YES / NO Finance Director- (Equal too reaterthan $5,000) Datq Comments: Form #3 - Requisition