HomeMy WebLinkAbout2016-186 Contract - Susan Zoccola
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Contract for Personal Services more than $75,000.00
C I T Y Of CONSULTANT: Susan Zoccola
-AS H LA N CONTACT: Susan Zoccola
20 East Main Street
Ashland, Oregon 97520 ADDRESS: 4136 Meridian Avenue North, Seattle WA 98103
Telephone: 5411488-6002
Fax: 5411488-5311 TELEPHONE: 206--8566644
DATE AGREEMENT PREPARED: EMAIL: susan@susanzoccola.com
BEGINNING DATE: Jul 31, 2016 COMPLETION DATE: September 30, 2017
COMPENSATION: $100,000
SERVICES TO BE PROVIDED: See Exhibit A Scope of Work
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 primary 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:
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1. Findings 1 Recitations. The findings and recitations set forth above are true and correct and are incorporated herein
by this reference.
2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described
above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance
of such service.
3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel
assigned to the work required under this contract are fully qualified to perform the service to which they will be
assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of
Oregon, are so registered, licensed and bonded.
4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated
above and complete the service by the completion date indicated above.
5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified
above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely
terminated, payments will be made for work completed and accepted to date of termination.
6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of
City.
7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract.
8. Living Wage Requirements: If the amount of this contract is $20,283.20 or more, Consultant is required to comply
with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees
performing work under this contract and to any Subcontractor who performs 50% or more of the service work under
this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where
it will be seen by all employees.
9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless
from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from j
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 i
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, I
actions, costs, judgments or other damages, directly, solely, and proximately caused by the negligence of City.
10. Termination:
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Contract for Personal Services more than $75,000.00, Page 1 of 5
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing
and delivered by certified mail or in person.
C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of
written notice to Consultant, or at such later date as may be established by City under any of the following
conditions:
i. If City funding from federal, state, county or other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or
iii. If any license or certificate required by law or regulation to be held by Consultant to provide the
services required by this contract is for any reason denied, revoked, suspended, or not renewed.
d. For Default or Breach.
i. Either City or Consultant may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination; the party seeking termination shall give to the other party
written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party giving the notice may authorize or require, then the contract may be terminated at any
time thereafter by a written notice of termination by the party giving notice.
fl. 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. ONigation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or
c above all 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, i
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 I
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 l
delegate duties under, the Contract.
14. Insurance. Consultant shall at its own expense provide the following insurance:
a. Worker's Compensation insurance in complia Sect RS 656.017, which requires subject employers to i
provide Oregon workers' compensation coverage for a workers
b. Professional Liability insurance with a mit, or the equivalent, of not less than Enter one:
$250,000, $500,000, $1,000,000, .$2,000,000 or Not Apr each claim, incident or occurrence. This is to
cover damages caused by error, omission or neg d to the professional services to be provided
under this contract.
C. General LTowne mbined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,00$2,000,000 r Not Applicable for each occurrence for Bodily Injury and Property
Damage.
d. Automobil rance with a combined single limit, or the equivalent, of not less than Enter one:
$100,000, $500,00or Not Applicable for each accident for Bodily Injury and Property Damage,
including coverage , ed or non-owned vehicles, as applicable.
Contract for Personal Services more than $75,000.00, Page 2 of 5
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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, excluding^I:',~~
-ttatttitq`and Workers' Compensation, 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 j
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. Nonapprop riations 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 alloy
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 writtep notice to Consultant, with no further
liability to Consultant.
Certification. Consultant shall sign the certification attached hereto as Exhibit Rand herein incorporated by reference.
Consults a land -
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By By
/a ( Signature Dep ment Head [
J ~l J ~N Z`fl fiC G s X13
Print Name Print N E
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Title Date
W-9 One copy of a W-9 is to be submitted with j
the signed contract. Purchase Order No.
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Contract for Personal Services more than $75,000.00, Page 3 of 5
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EXHIBIT,,
CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the
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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
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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
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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
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specific portion of my residence, set aside as the. location of the business. f
(2) Commercial advertising or business cards or a trade association membership are
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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.
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(6) 1 assume financial responsibility for defective workmanship or for service not provided
as evidenced by the ownership of performance bonds, warranties, errors and omission
insurance or liability insurance relating to the labor or services to be provided.
Contractor (Date)
Contract for Personal Services more than $75,000.00, Page 4 of 5
6
EXHIBIT
GHVY Ott L1sV'r1aNNG
d
Y
per hour
effective June 30,
MaN
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Y
1
- - portion of business of their 401K and IRS eligible
employer, if the employer has cafeteria plans (including
ten or more amployees, and I childcare) benefits to the
has received 1iRaoncial amount of wages received by
assistance for the project or the employee. ,
~ For all hours worked under a business from the City of
service contract between their Ashland in excess of Note: 'EmployW does; Holt
employer and the City of $20,28320. include temPOmry or pad- U a
Ashland if the contract ernpbyees hired for less than ~
exceeds 20,283,20 or more.
: If their employer is the. City of 1040 hours in anyt ve-
Ashland irrJuding the Paris month peibd. For more
For all hours worked in a
month if the employee spends and Recreation Department. details on applicahift of this
- y, please see Ashland
50% or more of ft In calculating the living wage, Mu rflcipd Code Section
empioyee's time in that month employers may add the value 3.12.020.
working on a project or of health care, retirement,
t
e
Call the Ashland Cify 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 mbsite at %wm.ashland.or.gs,
i.
Notice to Employers: This notice must be posted predominantly in areas where. it can be seen by all
employees.
ASHLAND
Contract for Personal Services more than $75,000.00, Page 5 of 5
EXHIBIT A
Scope of Work
Public Art on Gateway Island
This is the Scope of Work Addendum to the Personal Services Contract Agreement (the
"Agreement"), between Susan Zoccola ("Artist") and the City of Ashland, ("City").
Work to be performed
Artist will create and install her approved design Threshold ("Work") for the Gateway Island.
Artist shall complete and install Work by September 30, 2017. Once completed and accepted,
Work will be owned and maintained by the City.
Artist shall submit to the City a detailed design of the work which will include:
1. Technical drawing showing component parts of the work and attachment points,
including hardware if applicable.
2. Material samples and material data sheets where applicable
3. Technical installation drawing showing anchoring system to foundation, footing, and/or
attachment point, including hardware
4. Recommendation of location for electric lighting and plant and path materials
5. Anticipated routine maintenance (occurring at less than 5 year intervals)
6. Anticipated special maintenance (occurring every 5-20 years)
7. Work life expectance
8. Information on fabricator
9. Timeline: provide project schedule for structural engineer's stamp, purchase of materials,
required permits and installation and all required documentation to be submitted at sixty
percent (60%) completion and ninety percent (90%) completion, for review and approval.
Construction Documents
Prior to fabrication of Work, Artist shall provide an original set of stamped structural engineer's
drawings, specifications, and analysis from a licensed structural engineer, which will include, at
a minimum the following:
1. Structural integrity of Work
2. Attachment of the Work to the base/footings
3. Structural integrity of the mounting structure
4. Analysis of all required load bearing conditions
Pre-construction meeting
Prior to fabrication, Artist and team including engineers will meet with City staff either in person
or video conference to review the submitted construction documents and identify modifications
if necessary.
Zoccola Scope of Work 2016 1
Method of Payment and Progress Report
Artist shall submit a monthly invoice and provide City with a progress report each month. Final
payment of 10% will occur after Work is installed and City has assumed ownership.
Risk and Liability
All risks and liability of delivery and installation shall be borne by the Artist. The Artist shall be
responsible and liable to insure that the work is properly handled so that no damage occurs
during the delivery and installation of the work. The Artist shall assume all risks and liability for
such delivery and installation, and shall hold City harmless from any damages, claims, injuries or
negligence by the Artist in the performance of this work, including delivery and installation.
The Artist is also responsible for repairing any damage to the Work during delivery and
installation.
Warranty
1. The artist guarantees that the design submitted will not be used elsewhere in the future,
without prior written agreement between the Artist and the City.
2. The Artist warrants and represents that the work shall comply with the appropriate
stamped Structural Engineering Report, and be free from defective or inferior materials
and/or inferior or faulty fabrication and installation techniques. At the City's option, the
Artist shall remedy and/or pay for any loss or damage resulting from faulty materials or
workmanship that occurs or appears within a period of two (2) years after final
acceptance. The responsibility for the determination of the Artist liability for faults or
defects in the work during the one-year period shall be solely that of the City.
Final Artwork Documentation
Artist shall provide a detailed record of fabrication techniques, exact materials used, specific
colors, with attached material data sheets and product warranties supplied by the manufacturer if
applicable. The report will also address anticipated maintenance, desired appearance, and
environmental factors affecting the work.
City of Ashland Business License
Artist agrees to obtain a City of Ashland business license prior to performing any work pursuant
to this Agreement.
Reproduction and Deaccession
The Work created under this agreement shall be the property of the City. The Artist shall retain
intellectual property but shall make no full-scale duplications of the Work at another location.
All copyright and further reproduction rights to the Work shall remain with the Artist. The Artist,
however, hereby grants to the City, the right to make and authorize the making of photographs
and other two-dimensional reproductions of the Work for educational, public relations, arts
promotional, market and non-commercial purposes for as long as the City owns the Work. For
Zoccola Scope of Work 2016 2
any such reproductions, the City shall take reasonable measures to identify the Artist as the
creator of the Work. In the event the City wishes to use the Work for commercial purposes, the
City shall contact the Artist so that a separate agreement may be negotiated. The Artist also
agrees that photographic reproductions of the Work made by artist for publicity purposes shall
refer to the fact that the Work is installed in Ashland, OR as part of the City of Ashland's public
art collection. The Artist agrees and acknowledges that should the deaccession of the Work
become necessary at any point, the City shall proceed with deaccessioning pursuant to the City
Municipal Code.
Zoccola Scope of Work 2016 3
Purchase Order
Fiscal Year 2017 Page: 1 of: 1
B City of Ashland -
L ATTN: Accounts Payable Purchase
L 20 E. Main 118
Ashland, OR 97520 Order #
T Phone: 541/552-2010
O Email: payable@ashland.or.us
V SUSAN ZOCCOLA LLC H C/O Administration
E 4136 MERIDIAN AVE N I 20 East Main St
N
D SEATTLE, WA 98103 P Ashland, OR 97520
O Phone: 541/488-6002
R TT Fax: 541/488-5311
Ann Seltzer _
ffims- -----a-Ors9rss_ _=ndvfJlllmEer gpit~~ "
08/23/2016 1405 FOB ASHLAND OR City Accounts Payable
Public Art - Threshold
1 Create and install public art. "Threshold" for Gateway Island, 1.0 100,000.0000 $100,000.00
Project #000505.999
GL Account: $100,000.00
GL SUMMARY
010218 - 604160 $100,000.00
1 ~ a
By: Date:
Authorized Signature $100,000.00
FORM #3 CITY OF
ASHLAND
REQUISITION Date of request: L
Required date for delivery:
R
Vendor Name (I' L -112 6ey
Address City, State Zip p ~4s t`
Contact Name & Telephone Number ,J -
Fax Number
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 _ Attach co of council communication _(If council approval required, attach co of CC
❑ Small Procurement Cooperative Procurement
Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
u Direct Award Date approved by Council: Contract #
❑ Verbal/Written quote(s) or proposal(s) -(Attach copy of council communication) ❑ 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 El 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)
El Form #4, Personal Services $5K to $75K Valid until: _ Date - (Attach copy of council communication)
Description of SERVICES Total Cost
ril %'a a ri l✓I~,1 i) tJ 1" lid Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
❑ Per attached quote/proposal
Project Number Account Number' - - -
_
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 requisition form, I certify that the City's public contracting requirements have been satisfied.
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Employee; Head: -2 Axi (Equal to or greater than $5,000)
~a
Department Manager/Supervisor: City Administrator:
(Equal to or greater`than $25,000)
Funds appropriated for current fiscal year Y S 1 NO i
Finance Director- (Equal to or greata°Tian s5.000) Date
Comments:
Form #3 - Requisition
8/18/2016 City of Ashland, Oregon - Agendas And Minutes
City of Ashland- Crete / City Couml
City Council - Minutes View Agenda
Tuesday, July 19, 2016
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
July 19, 2016
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center
Council Chambers.
ROLL CALL
Councilor Voisin, Morris, Lemhouse, Seffinger, Rosenthal, and Marsh were
present.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg moved agenda item #2 under Ordinances, Resolutions and
Contracts regarding the healthcare ballot measure to follow the Public Hearing.
APPROVAL OF MINUTES
The minutes of the Study Session of June 20, 2016 were corrected on page 1
changing "LED" to "LEED." The minutes of the Business Meeting of June 21,
2016 were corrected on page 4, paragraph three changing the word "extenuated"
to "accentuated." Both sets of minutes were approved as amended. The minutes
of the Goal Setting Session of July 5, 2016 was approved as presented.
SPECIAL PRESENTATIONS & AWARDS
1. Annual presentation by Forest Lands Commission
Forest Lands Commission Chair Frank Betlejewski explained the Commission
completed the 2016 Ashland Forest Plan. Chair Betlejewski shared aspects of a
recent Ashland Forest Resiliency Tour that included tree cutting trends, tree
numbers, trunk diameter, the Composite Burn Index, and the need for continued
outreach to the public.
2. Update on Climate and Energy Action Plan progress, goals and targets
The Climate and Energy Action Plan (CEAP) ad hoc Committee gave an update
on the Climate and Energy Action Plan. Management Analyst Adam Hanks,
Councilor Rosenthal and CEAP vice Chair Roxane Beigel-Coryell provided a
presentation on the Committee's scope of work, members, the consultant hired,
project timelines, and meeting highlights. They explained the greenhouse gas
inventory, preliminary recommendations, goals, targets, and a plan. Next steps
included an ordinance discussion, consumption related goals and targets,
evaluating potential actions and impacts, adopting strategies and soliciting public
input. The CEAP would host an open house in September regarding proposed
actions and options with another review of the draft plan in December.
It was difficult to measure any change in consumption within the community using
measurements based on regional or statewide models. Setting aggressive
targets with sector based emissions and possibly addressing consumption as a
http://www.ashland.or.us/Agendas.asp?AMID=6396&Display=Minutes&Print=True 1/11
8/18/2016 City of Ashland, Oregon - Agendas And Minutes
separate target when tracking mechanisms improved made better sense.
Mitigation strategies could be the City transitioning the fleet to electric vehicles, or
vehicles with a lower carbon emission, changing lights, better building controls, or
transportation changes.
Conlan Ellis/341 High Street/Explained he was 17 years old and thanked the
CEAP and Council for their work on the plan. He had seen the effect of climate
change on the community with severe drought, heat, and wildfire. As a young
citizen of Ashland, he urged Council to adopt an ordinance to accompany the
plan.
Zander Huston/1228 Calypso Court/Explained he was 14 years old. He was
inspired and excited by the efforts the Committee and Council were taking
regarding climate change. Climate change was one instance where everyone
could see the consequences of human behavior at a huge scale with potentially
frightening outcomes. He did not think it was too late to reverse those wrongs.
Preserving wildlife and wilderness areas made it possible for future generations
to enjoy them. He supported a legally binding ordinance.
Allie Rosenthbluth/730 Liberty Street/Worked with Rogue Climate and
collaborated with other groups to draft the climate action ordinance that they
shared with the CEAP ad hoc committee. Rogue Climate wanted the plan
integrated into an ordinance. The draft they proposed would have the City
reduce greenhouse gases by 7.6% each year and was in line with what climate
scientists determined will keep the planet at a livable temperature. The rate
corresponded with the goals the ad hoc Committee was suggesting with similar
interim goals. She requested a work session with the Council to discuss the
ordinance.
Gillian Mullane/925 Bellview/Worked with the Ashland Youth Climate Action
group. She recently graduated high school and addressed the future effects of
climate change on the youth of today.
Robert Block-Brown/50 Pine Street/Represented the Interfaith Social Justice
Coalition and expressed the need to address climate change. He spoke to
climate change and energy action issues as a moral or spiritual imperative in
which the community considered right action in the stewardship of the earth. The
Coalition supported a science based ordinance and implementing action plan that
was socially equitable.
David Wick/2560 Eagle Creek Lane/Was the executive director of the Ashland
Culture of Peace Commission and shared their mission. He supported the work
of the ad hoc Committee and the young people present. This was their future
and they were taking action. Many of us would not be here in 2050 but they
would. It was time for bold action.
Sam Becker/7352 Adams Road, Talent, OR/Encouraged Council to incorporate
the plan into an ordinance and hold a work session regarding the ordinance as
soon as possible. He spoke to the "downstream" effects the area would
experience in the future due to the impacts of climate change.
PUBLIC FORUM
William Mansfield/916 W 10th Street, Medford/Expressed alarm and concern
regarding an incident of the Ashland Police arresting an individual who resisted
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8/18/2016 City of Ashland, Oregon - Agendas And Minutes
arrest May. 19, 2016. This gave the City of Ashland a black eye. He was aware
of the editorial in the paper justifying the action but did not see that in the video
he watched. It was poor public policy to arrest the mentally ill and time to
reexamine the Police Department and get them new training regarding mental
illness. He wanted the Council involved.
Police Chief Tighe O'Meara explained every police officer received some basic
level of training for dealing with people who were mentally ill. Every officer with
the exception of newly hired staff received 40 hours of Crisis Intervention Training
and recently training on recognizing levels of autism. The officers involved in
taking the individual resisting arrest into custody acted appropriately. He was
limited in what he could share until the case was adjudicated.
David Subia/115 Lincoln Street/Added to Chief O'Meara's statement that the
Ashland Police Department (APD) used a gentle hand. The community did not
realize how lucky they were to have the APD.
CONSENT AGENDA
1. Minutes of boards, commissions, and committees
2. Approval of a public contract exceeding $75,000 for Workers'
Compensation Third Party Administrative Services
3. Approval of contract for Gateway Island public art
4. Approval of a change order in excess of 25% for the Chautauqua Walk
replacement project
Councilor Voisin pulled Consent Agenda item #2 for discussion. Administrative
Services and Finance Director Lee Tuneberg explained scoring and the 10-point
difference on the selection of a public contract for Worker's Compensation Third
Party Administrative Services.
Councilor Seffinger/Marsh m/s to approve Consent Agenda items. Voice
Vote: all AYES. Motion approved.
PUBLIC HEARINGS
1. Public hearing and first reading of an ordinance titled, "An ordinance
amending Ashland Municipal Code Chapter 10.110 Fair Housing" and move
to second reading
Mayor Stromberg read the rules for the Public Hearing. Housing Specialist Linda
Reid explained in 2014 Council directed the Housing and Human Services
Commission (HHSC) to develop a recommendation regarding additional
protection for students. The HHSC along with the Associated Students of
Southern Oregon University (ASSOU) conducted a comprehensive analysis that
resulted in the proposed ordinance. The amendments were similar to those
presented to Council at the March 14, 2016 Study Session, would bring the
ordinance in line with federal and state laws, and provide further clarity on source
of income protections under the existing ordinance. It added two new protective
classes for age and domestic partnership. Staff included language clarifying
emancipated minors and recognizing them as a protected class under the newly
proposed prohibition on age discrimination as well as penalties that made
violations a class one.
There was a prohibition on discriminatory advertising in the existing ordinance but
the Legal Department suggested removing the language. It was illegal to
discriminate in advertisement and having that language in the ordinance was
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CITY OF
ASHLAND
Council Communication
July 19, 2016, Business Meeting
Approval of Contract for Gateway Island Public Art
FROM:
Ann Seltzer, management analyst, seltzera@ashland.or.us
SUMMARY
This is a contract with Susan Zoccola to execute the previously approved public art concept
"Threshold" for the Gateway Island.
BACKGROUND AND POLICY IMPLICATIONS:
On June 21, the City Council selected "Threshold," by artist Susan Zoccola, to be fabricated and
installed on the Gateway Island.
The scope of work included in the contract details the City's expectations and requirements including
design detail, timeline, construction documents, pre-construction meeting, payments, risk and liability
insurance, warranty, documentation and intellectual property.
The deadline for installation is September 30, 2017.
COUNCIL GOALS SUPPORTED:
14. Encourage and/or develop public spaces that build community and promote interaction.
FISCAL IMPLICATIONS:
Total compensation under this contract is $100,000. Funds are budgeted and available for this project.
Funding is derived from a portion of restricted transient occupancy tax revenue that is reserved for
public art.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends approval of the contract with artist Susan Zoecola.
SUGGESTED MOTION:
I move to approve the contract with artist Susan Zoccola to fabricate and install "Threshold".
ATTACHMENTS:
Contract, including scope of work.
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