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HomeMy WebLinkAbout2017-0606 Council Mtg PACKET i CITY OF ASHLAND ~Crlport~nt: Any citizen may orally address the Council onnon-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Time permitting, the Presiding Officer may allow oral testimony. if you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you, if any. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to speak, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL June 6, 2017 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Study Session of May 15, 2017 2. Business Meeting of May 16, 2017 VI. SPECIAL PRESENTATIONS & AWARDS 1. Annual presentation by the Band Board 2. Proclamation regarding June 19-25, 2017 as National Pollinator Week VII. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayorwill settime limits to enable all people wishing to speak to complete their testimony.) j~5 minutes maximum] VIII. CONSENT AGENDA 1. Liquor License Application for Kevin Broadie dba Ex Nihilio 2. Liquor License Application for Nicole Ruibal dba Kobe Modern Japanese 3. Assistance to Firefighters Grant Acceptance 4. Special Procurement for "C"Mix Asphalt 5. Approval of Fixed Based Operator Lease with Skinner Aviation 6. Approval of Contracts for Water and Wastewater Treatment Plant Chemicals 7. Approval of a resolution titled, "A resolution authorizing the transfer of all COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9, OR ON CHARTER CABLE CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WVVW.ASHLAND.OR.US CITY OF SHLAND rights and ownership of You Have Options to Veracities, Inc." 8. Approval of City Recorder Bond 9. Adoption of Job Description for City Recorder Position IX. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form"priorto the commencement of the public hearing. Public hearings shall conclude at 9:00 p.m. and be continued to a future date to be set by the Council, unless the Council, by atwo-thirds vote of those present, extends the hearing(s) until up to 10:30 p.m. at which time the Council shall set a date for continuance and shall proceed with the balance of the agenda.} None. X. UNFINISHED BUSINESS 1. Proposed Cost of Service Electric Utility Rate Increase XI. NEW AND MISCELLANEOUS BUSINESS 1. Discussion of Process for Upcoming Executive Recruitments XII. ORDINANCES, RESOLUTIONS AND CONTRACTS None. XIII. OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT OF BUSINESS MEETING In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Cify Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior fo the meeting will enable the City to make reasonable arrangements to ensure accessibility fo the meeting (28 CFR 35.102-35.104 ADA Title 1). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9, OR ON CHARTER CABLE CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US I City Council Study Session Meeting May 15, 2017 Page 1 of 3 ASHLAND CITY COUNCIL Monday, May 15, 2017 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:30 p.m. in the Siskiyou Room. Councilor Seffinger, Morris, Rosenthal, Lemhouse, and Slattery were present. Councilor Darrow was absent. 1. Public Input John Noscol840 B Street/Stated he was a member of the Southern Oregon Housing for All (SOHA). He explained how having adequate funding for the Affordable Housing Trust Fund provided leverage for private donations and government grants. 2. Look Ahead review Interim City Administrator John Karns reviewed items on the Look Ahead. Councilor Slattery/Seffinger m/s to cancel the July 3, 2017 Study Session. Voice Vote. ALL AYES. Motion passed. 3. Affordable Housing Trust Fund Menu of Activities Housing Specialist Linda Reid explained Council adopted the Affordable Housing Trust Fund in 2008. It allowed a wide variety of housing related activities and provided funding to households earning up to 120% of area median income. The ordinance prescribed a process where the Affordable Housing Trust Fund request for proposal (RFP) was issued concurrent with the Community Development Block Grants (CDBG) RFPs in January. Council had the authority to identify priority uses through the RFP process. Currently the fund had $166,000 identified in the proposed budget. The Housing and Human Services Commission (HHSC) worked on identifying a permanent funding source for the Affordable Housing Trust Fund. HHSC vice Chair Rich Rhode and HHSC Commissioner Tom Gunderson explained Ashland was at a crossroads and the housing crisis was at the heart of the issue. The Affordable Housing Trust Fund could keep the community inclusive, diverse, and open to families. It functioned when there was a dedicated source of funding. He addressed the Housing Trust Fund Menu document in the agenda. The types of solutions in the lower fund section were not on the preventative side of affordable housing and addressed people unable to afford housing or were close to being homeless. The higher end of funding was where the City could prevent the housing crisis. Commissioner Gunderson further explained the lower end of the funding document would cover basic issues. Ms. Reid added one of reasons the Affordable Housing Trust Fund RFP process was concurrent with CDBG program was the ability to leverage those funds together for a larger project. For limited funds, the most effective method would depend on what Council wanted to accomplish. Vice Chair Rhode commented Council could subsidize accessory residential units (ARU) that would provide some solutions for families. Workforce housing was an issue the community was trying to address. Commissioner Gunderson thought the City needed a funding stream to make any impact. He clarified the HHSC was not making recommendations but providing Council options on how they may want to spend the money or save it for larger projects. It depended on what kind of revenue flow the City could achieve. Ms. Reid clarified the resolution outlined funding allocation and methodology. Through the RFP process, the Council and the HHSC could recommend priorities based on community needs and put the RFP out in January at the same time the CDBG process began. Applicants with projects that met those needs would I City Council Study Session Meeting May 15, 2017 Page 2 of 3 submit applications. The HHSC would vet applications on readiness to proceed, and capacity. Similar to CDBG grant applications. The Commission would forward their recommendations to Council for final review and approval. It did not need be an annual process. Senior Planner Brandon Goldman added it would depend on how much funds were available. If the $166,000 was expended and there was only $50,000 per year coming into the fund, Council could have the funds build for a couple years before doing another RFP process. The City could time the competitive RFP process with large projects from other agencies. Council could also initiate a City housing development through anon-competitive cycle for a project like the ARU program. Planning Director Bill Molnar explained the resolution required a minimum 50% match. He confirmed it could be an open RFP. Ms. Reid explained CDBG funds could not be added to the Affordable Housing Trust Fund, it would serve as leverage only. Other factors were project type and CDBG qualification. Mr. Molnar elaborated on the ARU program. Council comment suggested making it easier for people to build an ARU by waiving fees instead of having a City involved program. Council expressed concern on immediacy versus long-term solutions. They would discuss whether they would fund the Affordable Housing Trust Fund at the end of the budget process. Council comment thought it made sense to fund it to a level that drew in projects. Other comments liked an earlier suggestion of waiving fees. Ms. Reid addressed next steps and explained that once Council identified the amount or if there was any money available, they would go through the process of looking at community needs and priorities and be ready to start in September. 4. Presentation regarding home fire sprinklers Division ChieflFire Marshal Margueritte Hickman provided a presentation on home fire sprinklers for new construction. However, there was a small component of a grant for retrofit. Every day seven people died in home fires for a total of 2,500-3,000 deaths per year. More people died in fires than all the natural disasters combined. In Oregon, from 2004 to 2013 there were 350 fire deaths and 2,500 fire injuries. Since 2009, there have been 61 to 97 firefighter fatalities each year. Of that amount, 15% firefighter deaths related to home fires. Ashland had two civilian fire fatalities in the last 25 years. Most fire deaths occurred between midnight and 8:00 a.m. Children under the age five were one and a half times more vulnerable. Older adults were three times more likely to die in a home fire. The safe window of escape time had increased dramatically since the 1970s due to hydrocarbon items in the home and lightweight construction. In the 1970s, an individual had seventeen minutes to escape a fire. Presently, a person had 3 minutes. Flashovers could occur in 3 minutes and 40 seconds. Lightweight construction increased collapse time to six minutes. Older or "legacy" homes took 18 minutes to collapse. It could take a Fire Rescue team up to 10 minutes to get water on a fire. The City of Scottsdale AZ conducted a fifteen year study of their citywide fire sprinkler ordinance. The study showed that 50% of the homes had fire sprinkler systems and zero fire fatalities. There were 13 fire fatalities in homes without sprinkler systems during the same period. Fire damage decreased in sprinklered homes to an average of $2,000. Fire damage to non-sprinklered homes was an average of $45,000. Home occupant deaths decreased 83% with home sprinkler systems, civilian fire injury medical costs decreased 53%, and fire injury total costs were reduced by 41%. The National Institute of Standards and Technology (KIST) came out with a report that stated houses equipped with smoke alarms and a fire sprinkler system experienced 100% fewer civilian fatalities, 57% fewer injuries, and 32% less direct property costs. City Council Study Session Meeting May 15, 2017 Page 3 of 3 Environmental impacts of afire-sprinklered house were less with a 97% reduction in water usage from the Fire Department, fewer persistent pollutants, and reduced gas emissions. Non-sprinklered homes required additional Fire Department staff. In 2014, home consumers were more interested in homes that were fire sprinklered. In Ashland, the cost for a sprinkler system was approximately $1.50 per square foot. The Public Works Department and the Fire Department collaborated on meter costs. Customers who upsized a meter for a home fire sprinkler system to a one-inch meter were charged for the 3 Sl8 inch meter. The Fire Department also collaborated with the Planning Department to eliminate the requirement of a backflow device that created an annual cost to the owner. It involved having a multipurpose setup where water continuously flowed through the system, also known as a passive purge. Insurance companies offered 5% to 15% off the fire portion of insurance on homes with fire sprinkler systems. The Ashla~~ld and Medford Fire Departments teamed up to receive a grant that helped promote home fire sprinklers in the area. Grant funds went towards three public service announcements and advertising on local networks. They hired a national educator to provide training on the design and installation of home fire sprinkler systems to the development community. They surveyed the 200 homes in Ashland with sprinkler systems and completed the construction of a demonstration trailer. Two adult foster care homes were in the process of retrofitting home sprinkler systems in Medford and Ashland. Home fire sprinklers met Council Goals #26, 27, 28, and goal 29. Next steps included continued education internally and externally, strengthen community partnerships locally, regionally, and statewide, and consideration of an ordinance in the future. However, a local ordinance could result in unintended resistance and push back at the state level through anti-sprinkler legislation. People could opt to sprinkler one room but it was not prudent cost wise and a fire could start in other areas of the home. Ashland based the $1.50 per square foot on a standard home. Other jurisdiction with home sprinkler ordinances had experienced challenges and resistance from homebuilder associations. This was an ongoing issue with little progress made. Now was not the time to bring an ordinance forward. The Fire Department would continue outreach efforts to the community and developers. Council comment suggested brainstorming ways to incentivize builders to add sprinkler systems. 5. Discussion regarding winter and emergency shelters Item postponed to a special meeting in the future. ADJOURNMENT Meeting adjourned at 7:10 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder City Council Business Meeting May 16, 2017 Page 1 of S MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL May 16, 2017 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:04 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Slattery, Morris, Lemhouse, Seffinger, and Rosenthal were present. Councilor Darrow was absent. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced vacancies on the Historic, Housing and Human Services, Tree, and Wildfire Mitigation Commissions. APPROVAL OF MINUTES The minutes of the Special Meeting of April 19, 2017, Special Meeting of April 20, 2017, Joint Meeting of May 1, ZOI7, Executive Session of May 1, 2017, Business Meeting of May 2, 2017, and the Special Meeting of May 4, 2017 were approved as presented. SPECIAL PRESENTATIONS & AWARDS Annual presentation by the Wildfire Commission Wildfire Mitigation Commission Chair Tim Bewley explained the Wildfire Mitigation Commission had evolved from the Ashland Firewise Commission established in 2011. The Commission cosponsored an Era of Megafires presentation in 2016 with Southern Oregon University (SOU). There was a Wildfire Summit with the Ashland Coalition. The Ashland Emergency Food Bank allowed the Commission to include an announcement during a green bag distribution. The Commission also staffed a resource table at the Gr~~~wers Markets. A subcommittee met monthly with the Chamber of Commerce targeting businesses and focusing on education and evacuation communication protocols. Water Conservation Analyst Julie Smitherman attended Commission meetings regularly. The Commission was developing a new plant list for the WaterWise program. The Commission was also working on an initiative for insurance companies to recognize Firewise certification in homeowner policies. Fire Adapted Community Coordinator Alison Lerch provided a summary of her responsibilities. There were now 25 Firewise communities with at least four more forming this year. The Mayor's proclamations of May 22 - 28, 2017 as Rotary Club Week, and Ashland as a City of Peace in perpetuity were read aloud. Ashland Police Department annual use of force report Police Chief Tighe O'Meara explained 2016 had a 93% increase in uses of force for a total of 29 incidents. There were six Taser deployments with one display of the Taser energy weapon. There was one use of a bean bag round from a shot gun, one deployment of pepper spray, six officer injuries, and fifteen complaints of injury from suspects, 13 were minor and two were complaints only. The Police Department had 3,925 cases generated and used force on less than 1 % of those cases. A panel reviewed all use of force incidents and body cam videos with appropriate action taken if necessary. In 2016, there was no need for coaching or corrective action on any inappropriate use of force. Part 1 crimes included murder, rape, robbery, aggravated assault, burglary, auto theft, and larceny. Ashland's part one crime rate was up in 2016 to 849 reported. Violent crime consisted of homicide, City Council Business Meeting May 16, 2017 Page 2 of 5 robbery, rape, and aggravated assault. Violent crimes had increased 50% from 2015. Clearance rates remained higher than the national average, 40% for all part one crimes, and 90% for violent crimes. The Enhanced Law Enforcement Area (ELEA) continued to be a valuable tool to address negative behavior downtown. In 2016, 150 ELEA violations resulted in convictions and 17 people were expelled from the downtown area. Violation level offenses that contributed to expulsion were drinking in public and open container in public, smoking marijuana in public, out of control dog, unvaccinated dog, scattering rubbish, and unnecessary noise. Assistant City Attorney Doug McGeary added crimes were also included in the ELEA as long as it made up three incidences or the defendant failed to appear three times within asix-month period. Often the individual agreed with expulsion. If someone was making efforts to resolve their issues, Mr. McGeary might not recommend expulsion. Chief 0' Meara went on to explain body camera recordings were public record unless the case was being adjudicated. However, Oregon state law prohibited blanket requests. Report on the jail bed rental program Police Chief Tighe O'Meara explained in Apri12016, Council authorized an intergovernmental agreement with Jackson County Sheriff's Department to rent up to two beds as needed for $100 a day per bed. It would cost $73,000 annually if the City used this fully. To date, the Municipal Court Judge had sentenced six people to serve a total of 114 days for a cost of $11,400. The jail beds were only used for post-conviction housing at the discretion of the Judge who received consultation from the Legal Department. The Police Department was currently exploring the possibility of using the jail beds for pre- convictionhousing. It was a complicated issue with logistical, policy, and philosophical concerns. PUBLIC FORUM Sydnee Dreyer/823 Alder Creek DrivelMedford, ORJRepresented First Place Partners, the owners of the condominium building at I75 Lithia Way. They requested that Council expand the boundary in the Enhanced Law Enforcement Area (ELEA) map to extend the full width of the right of way and include the sidewalks at 175 Lithia Way. She described the negative behavior condominium residents were encountering outside their building. This was a current, active, behavorial problem area. Randy Jones/815 Alder Creek Drive/Medford, OR/Was part of the First Place Partners. During a recent Home Owners Association meeting at 175 Lithia Way, tenants expressed concern about the behavior occurring in the parking lot and outside their building. Law enforcement had been helpful and tenants were encouraged to call the police as needed. Residents did not feel safe. They supported the new ordinances and wanted the Enhanced Law Enforcement Area (ELEA) map expanded to include 175 Lithia Way. Huelz Gutcheonl2253 Hwy 99/Society could not solve the climate problem by obeying the same rules that created the problems in the first place. The City needed 20 climate solution organizers and could achieve that by releasing the salaries of the problem causers. Brent Thompsonl582 AllisonlSubmitted adocument into the record regarding charges in residential and commercial zones. He suggested changing the accessory residential units (ARU) ordinance so it allowed two small units no larger than 360 square feet each. Plumbing would back up to each other and each unit would have a parking place. Another issue was a substandard in size lot partition ordinance regarding little lots in town. CONSENT AGENDA 1. Approval of minutes of boards, commissions, and committees 2. Appointment of Daniel S. Palomino to the Airport Commission 3. Appointment of Bernard "Barney" Spera to the Airport Commission I City Council Business Meeting May 16, 2017 Page 3 of 5 4. Approval of a contract with Emergency Communications of Southern Oregon 5. Verde Village Trust Deed subordination Councilor Lemhouse/Rosenthal m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS -None UNFINISHED BUSINESS 1. 2017 Council Liaisons to Boards, Commissions, and Committees Mayor John Stromberg explained there were three liaison assignments not yet filled. Councilor Seffinger added it was difficult for some councilors to attend commission meetings due to meeting times and the amount of commissions and committees. She suggested discussing alternatives during the summer. Currently, the Wildfire Mitigation, Tree, Transportation, and Airport Commissions needed council liaisons. Councilor Seffinger volunteered for the Wildfire Mitigation Commission. Councilor Lemhouse and Slattery volunteered for the Airport Commission as co-liaisons. Councilor Morris and Rosenthal would serve as ca-liaisons for the Transportation Commission. 2. Discussion of disbursement of Social Service Grants Funds Interim City Administrator John Karns prepared two options for Council. Option A used the schedule approved April 18, 2017 and blended in the funds that changed for Options for Homeless Residents in Ashland (OHRA). Schedule A maintained a zero commitment to Rose Circle. Option B took what the Housing and Human Services Commission (HHSC) had approved and added the funds removed from OHRA. Assistant City Attorney Doug McGeary discussed the motion made during the May 2, 2017 meeting allocating $25,000 to OHRA with Council. Council would have to rescind the motion if they wanted to change the allocation to OHRA. If they did not change the $25,000, they could make a motion to adjust the allocations for the remaining agencies. Councilor Seffinger/Slattery m/s to adopt Schedule B of the recommendation provided by staff for the disbursements of the City's social service grants taking $2,000 from the RVCOG Meals on Wheels allocation and adding it to the Rose Circle allocation. DISCUSSION: Councilor Morris declared a potential conflict of interest that he was the liaison to the RVCOG Meals on Wheels program. Councilor Seffinger wanted to give more funds to Rose Circle because they were starting a Wellness Program that was important to Ashland Youth. Councilor Lemhouse noted the allocation would give Rose Circle more than what they asked for. He was uncomfortable with the dramatic cut to St. Vincent de Paul and preferred allocating the $2,000 to that agency instead of Rose Circle. Councilor Lemhouse/Rosenthal m/s to amend the motion instead of allocating an additional $2,000 to Rose Circle that the $2,000 be reallocated to St. Vincent de Paul. DISCUSSION: Councilor Lemhouse thought it was more equitable and restored some funding back to St. Vincent de Paul. Roll Call Vote: Councilor Lemhouse, Morris, Rosenthal, and Slattery, YES; Councilor Seffinger N0. Motion passed 4-1. Councilor Rosenthal spoke to the process and stated this was not the way this type of business should be done. He would vote against the motion. The process needed to be fixed. He had been an elected volunteer for fifteen years and this was one of the most embarrassing things he had been associated with in the process. Roll Call vote on amended motion: Councilor Seffinger, Slattery, and Lemhouse, I City Council Business Meeting May 16, 2017 Page 4 of 5 YES; Councilor Rosenthal and Morris, N0. Motion passed 3-2. NEW AND MISCELLANEOUS BUSINESS 1. 7th Quarter Financial Report of the 2015-17 Biennium Administrative ServiceslFinance Director Mark Welch explained the 7t'' Quarter Financial report covered July 1, 201 S to March 3 1, 2017. The revenue during the period was at 85.3% of the budget with expenditures slightly below at 81.1 °/o. The financial position was stable for the period reflected. Councilor Slattery wanted the timing of the report addressed, and wanted Mr. Welch prepared to answer questions from the Budget Committee on the Ending Fund Balance (EFB) decreasing $28 million over the quarter. He also wanted to know if Council could use any of the $2.4 million in contingency. Councilor Slattery requested a report on staff overtime that showed if overtime was budgeted and if not, he wanted to know how much overtime had been utilized. Mr. Welch explained staff was working on overtime reports and breaking down personnel and benefits by department for the Budget Committee. He was also open to changes that helped Council understand the financial quarterly reports better. Councilor Rosenthal noted intergovernmental revenues under the Street Fund were at 30%. Mr. Welch explained it was based on receiving grant money with a portion going towards the Nevada Street bridge project. He would research the request and come back with more information. Councilor Seffinger addressed the overtime report and wanted to know if unexpected overtime was a result of lost positions or safety reasons. Councilor Lemhouse commented on Budget Committee members not feeling entitled to specific information like overtime and asked Mr. Welch's view on that type of information. Mr. Welch supported transparency and would want to know why an individual was requesting specific information. It would take staff a lot of time to prepare the overtime reports to the detail the Budget Committee requested. He would want to know what the end goal was in a request or if it was due to staff not appearing transparent because they could not produce the request. Mr. Welch confirmed Budget Committee requests should be a group consensus instead of an individual request. Mayor Stromberg wanted to know the limitations of bargaining contract negotiations regarding the overtime report. Councilor Rosenthal/Lemhouse mis to accept the seventh quarter financial report. Voice Vote: all AYES. Motion passed. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Approval of second reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 1.08 General Penalties, Section 1.08.OOSF(2) to reflect prior amendment to AMC 10.120.020 persistent violation" Assistant City Attorney Doug McGeary explained there were no changes to the ordinance. Council directed staff to look into expanding the Enhanced Law Enforcement Area (ELEA) map. Councilor Slattery/Lemhouse m/s to approve Ordinance #3143. Roll Call Vote: Councilor Rosenthal, Morris, Lemhouse, Seffinger, and Slattery, YES. Motion passed. 2. Approval of second reading by title only of an ordinance titled, "An ordinance amending AMC 14.04.060 Water Connections outside the city limits" (with the correction of one word in Section 1.14.04.060B.3.i "direction" to "discretion"] Assistant City Attorney Doug McGeary confirmed the only change was replacing the word "direction" I City Council Business Meeting May 16, 2017 Page 5 of 5 with "discretion" in Section L14.04.ObOB.3.i. Councilor Morris/Slattery m/s to approve Ordinance #3144. Roll Call Vote: Councilor Morris, Lemhouse, Seffinger, Slattery, and Rosenthal, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTSFR0M COUNCIL LIAISONS Councilor Slattery announced the 10th annual Southern Oregon University Arts & Research (SOAR) conference May 16-19, 2017. Councilor Lemhouse noted the Public Arts Commission met the artist hired for the Theater Corridor public art project. The artist, Gordon Huether, brought a couple mock ups of ideas and would return with models to scale for the public. He would also attend a Council meeting. Councilor Lemhouse went on to thank Mayor Stromberg and his wife, and Councilor Rosenthal for their participation in the Pacific Rim Bowl Fund Raiser. As part of fund raising efforts to send the High School football team to Japan, Butler Ford would make a donation for anyone that test drove one of their vehicles Saturday May 20, 2017 up to a certain amount. Councilor Seffinger announced a second art installation in the watershed. The piece, "Water in Life" would be ready in June. The installation would occur on Bandersnatch trail just up from the first art piece, "The Pacific Fisher." Councilor Rosenthal congratulated the Historic Commission on their Annual Historic Preservation awards ceremony earlier that day at the community center. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 9:00 p.m. Dana Smith, Assistant to the City Recorder John Stromberg, Mayor City Council Business Meeting May 16, 2017 Page 5 of 5 with "discretion" in Section 114.04.060B.3.i. Councilor Morris/Slattery m/s to approve Ordinance #3144. Roll Call Vote: Councilor Morris, Lemhouse, Seffinger, Slattery, and Rosenthal, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Slattery announced the lOt~' annual Southern Oregon University Arts & Research (SOAR) conference May 16-19, 2017. Councilor Lemhouse noted the Public Arts Commission met the artist hired for the Theater Corridor public art project. The artist, Gordon Huether, brought a couple mock ups of ideas and would return with models to scale for the public. He would also attend a Council meeting. Councilor Lemhouse went on to thank Mayor Stromberg and his wife, and Councilor Rosenthal for their participation in the Pacific Rim Bowl Fund Raiser. As part of fund raising efforts to send the High School football team to Japan, Butler Ford would make a donation for anyone that test drove one of their vehicles Saturday May 20, 2017 up to a certain amount. Councilor Seffinger announced a second art installation in the watershed. The piece, "Water in Life" would be ready in June. The installation would occur on Bandersnatch trail just up from the first art piece, "The Pacific Fisher." Councilor Rosenthal congratulated the Historic Commission on their Annual Historic Preservation awards ceremony earlier that day at the community center. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 9:00 p.m. Ov~~- Dana Smith, Assistant to the City Recorder ~ h Stromb g, Mayor i C~~~ r C~~'~ G~~~J C~~~J C~~~ 4 ° o ° ° ° ° ° ~ p ~ o ~ ° ° °°p 0 ° p U ° _ ° ° ~ ~ ~ ~ ~ PROCLAMATION ° ~ ~ ~ • Pollinator species such as thousands of species of bees are essential partners in producing much of our food supply. ) , Q ~ ~ • Pollinator species provide significant environmental benefits that are ➢ ~ ° necessary for maintaining healthy, diverse urban and suburban ecosystems. ) ; ° ~ ~ s • Pollination plays a vital role for the trees and plants of our community, (~c~~~~ ~ enhancing our quality of life, and creating recreational and economic ) (l ~ ~ development opportunities. ~ ~ ° • decades the Ci of Ashland and the Ashland Parks and Recreation ) ~~~;}~~C~ ~ ~ ~ ~ ~ For ty ~ ndsca es and ublic lands that include ~ Commission have managed urban la p p ,~~Fo° ~ ~ many municipal parks and greenways, as well as wildlife habitats. ~ ~ d Parks and Recreation Commission l ° The Clty of Ashland and the Ashlan ~ ~ ~ ' e ers and residents re ardin landsca in ~ ~ ~ provide recommendations to dev lop g g p g to romote wise conservation stewardshi includin the rotection of ) ~r~°°~' p p~ g p , ~ ~ ~ ➢ ~ pollinators and maintenance of their habitats in urban and suburban } o,~~~~~~~ ~~L~ environments. +~~~}y ~~C ~ ~ • In 2016, the City of Ashland officially became a Bee City USA. ~ ~(~o~o~ ~ ~ ➢ ~ NOW THEREFORE, the Mayor, on behalf of the citizens of Ashland, does ' ° ~ ~ ~ hereb roclaim June 19-25, 2017 as: ~ ~ y p ~~o~ °o~ ~ ~ A ~ ~~~;P~ National PoI I ~ nator Week ~ u~ ~ ~ ° ~ c~oo~ ~ and urges all citizens to recognize this observance. <~~i~ "oao ors C~~J~W ~ u , r ~ ~ tg g~ ,D ° Dated this 6 day of June, 2017 r 4~ ~oo~ oao° ~ C~ ~ ~ ° John Stromberg, Mayor °9 ~ , ~ ~ ~ o ~~oo~ ~ ~ ~ ~ ~ Dana Smith, Assistant City Recorder ~ ~ ~ ~ ~oo~ ~ ~ Dora o-a00r~ ° ° ° ~ ° °a ~ e' ~ ~ is ~ ~r r ~ N' ~ ~ a ~ ~ `~~o ° ~ ~S. ~ BOO ~ a ~ $ ~ $ ~ $ ~ ~ a ~ ~ o ~ i. 8 ~4~ ~oo~ u~ ~cn ~ ~ acs a~n ~ ~ ~ oNJ I ' iness Meetin ounc~l Bus C ~ Title: Liquor License Application for Kevin Broadie dba Ex Nihilio From: Dana Smith Assistant to the City Recorder Dana.smith@ashland.or. us Summary Approval of a Liquor License Application from Kevin Broadie dba Ex Nihilo, located at 14 Calle Guanajuato Way. Actions, Options, or Potential Motions: I move to approve the new liquor license for Kevin Broadie dba Ex Nihilo. Staff Recommendation: Staff recommends approval of the liquor license application because the City has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The City Council recommends that the OLCC proceed with the processing of this application. Resource Requirements: N/A Policies, Plans and Goals Supported: AMC Chapter 6.32 Liquor License Review Background and Additional Information: This is an application is for a new liquor license. The City has determined that all liquor license applications be reviewed by the City as set forth in AMC Chapter 6.32, which requires that a determination be made as to whether the applicant complies with the City's land use, business license and restaurant registration requirements. AMC Chapter 6.32 also requires that these applications also be reviewed by the Police Department. In May 1999, the City Council decided it would make formal recommendation on all liquor license applications. Attachments: Application Pagelofl CITY OF SHLAN ~j ~y OREGON LIQUOR CONTROL COMMISSION ~ ~ LIQUOR LICENSE APPLICATION Ap,~li~r~tion is beingmade far: CITY AND COUNTY USE ONLY LICENSE TYPES ACTIONS Date application received: Full On-Premises Sales ($402.60/yr} ~ Change Ownership ~ Commercial Establishment New Outlet The City Council or County Commission: Q Caterer Greater Privilege ® Passenger Carrier ~ Additional Privilege (name of city or county) ❑ Other Public Location ~ Other recommends that this license be: Private Club ~ Limited On-Premises Sales ($202.60/yr) 0 Granted ❑ Denied Off-Premises Sales ($100/yr) By: ®with Fuel Pumps (signature) (date) ®Brewery Public House ($252.60) Name: ~ Winery ($250/yr) Other; Title: 90-DAY AUTHORITY Check here if you are applying for a change of ownership at a business OLCC USE ONLY that has a current liquor license, or if you are applying for an Off-Premises Application Recd by: Sales license and are requesting a 90-Day Temporary Authority APPLYING AS: Date: z Limited ~ Corporation ~ f Limited Liability ~ Individuals Partnership Company 90-day authority: ❑ Yes ~No 1. Entity or Individuals applying for the license: [See SECTION 1 of the Guidej '1 ' ' 2. Trade Name (dba): 3. Business Location: 11 C-t~c~.tina L~a~ ~n'1c~,,n~ NYC ~'2~,~ (number, street, rural route) (city) (county) (stale) ~ (ZiP code) 4. Business Mailing Address: ~ ~ ~ ~ ~ Z (PO box, number, street, rural route) (city) (state) (ZIP code) 5. Business Numbers: ~ ~ ~ ~ ~ ~ ~ ~ ~ (phone) {fax) 6. Is the business at this location currently licensed by OLCC? DYes ~No 7. If yes to whom: Type of License: 8. Former Business Name: 9. Will ou have a mana er? Yes No Name: ~ ~ G ~ Y 9 (manager must fill out an Individual History form) 10. What is the local governing body where your business is located? ~~1~+O;r~ f~, (name of city or county) 11. Contact person for this application: l~ ~Y1 ~ (name) ~ (phone number(s)) (address) (fax number} e a s I understand that if my answers are ngt~true and complete, the OLCC ma d ' en~~ap li ~ I Applicant(s) Si rg,~,ture(s~ and Date:;~~~ r ~ ~ - ! . t ~l ~(~jl 0 ~ ~ ~ Date ~ 0 Date , _ 1 DFO~tG ~~~t.~iV~.;N, OFFICE ~ Date ® ME r , ate +~;OIVTFiC~L ~-Civi?~i!SS!~~N 1-800-452-OLCC (6522) . www.oregon.gov/olcc I ' iness Meetin Council Bus ~ Title: Liquor License Application for Nicole Ruibal dba Kobe Modern Japanese From: Dana Smith Assistant to the City Recorder Dana.smith@ashland.or.us Summary This is a request for approval of a Liquor License Application from Nicole Ruibal dba Kobe Modern Japanese restaurant located at 96 North Main Street, Suite 101. Actions, Options, or Potential Motions: I move to approve the new liquor license for Nicole Ruibal dba Kobe Modern Japanese. Staff Recommendation: Staff recommends approval of the liquor license application because the City has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The City Council recommends that the OLCC proceed with the processing of this application. Resource Requirements: N/A Policies, Plans and Goals Supported: AMC Chapter 6.32 Liquor License Review Background and Additional Information: This is an application is for a new liquor license. The City has determined that all liquor license applications be reviewed by the City as set forth in AMC Chapter 6.32, which requires that a determination be made as to whether the applicant complies with the City's land use, business license and restaurant registration requirements. AMC Chapter 6.32 also requires that these applications also be reviewed by the Police Department. In May 1999, the City Council decided it would make formal recommendation on all liquor license applications. Attachments: Application Page 1 of 1 CITY o F SHLAN i . , ' OREGON LIQUOR CONTROL COMMISSION LIQUOR LICENSE APPLICATION Application is beina ma^ de for: CITY AND COUNTY USE ONLY LICENSE TYPES ACTIONS Date application received: ull On-Premises Sales ($402.601yr) Change Ownership ommercial Establishment New Outlet The City Council or County Commission: Caterer ®Greater Privilege Passenger Carrier dditional Privilege (name of city or county) Q Other Public Location Other recommends that this license be: Q Private Club ❑ Granted ❑ Denied Limited On-Premises Sales ($202.60/yr) Off-Premises Sales ($1001yr) BY~ with Fuel Pumps (signature) (date) Q Brewery Public House ($252.60) Name: Winery ($2501yr) Other: Title: 90-DAY AUTHORITY OLCC US ~ Check here if you are applying for a change of ownership at a business has a current liquor license, or if you are applying for an Off-Premises Application c'd by: ! f Sales license and are requesting a 90-Day Temporary Authority / / Date: I l APPLYING AS: , Limited Corporation Limited Liability Qlndividuals 90-day authority: ,Yes ❑ No Partnership Company 1. Entity or Individuals applying for the license: [See SECTION 1 of the Guide] 0 ~~I C~ , 0 0 ~ ~ i 2. Trade Name (dba): r , ~i ~ 4 ~ ~ ~ 3. Business Location: J1 ~ ~ (number, street, rural route) (city) (county) (state) (ZIP code) C 4. Business Mailing Address: ~ ~ ~ [ (PO box, number, street, rural route) (city) (state) (ZIP code) 5 , . Business Numbers: ~ - {phone) (fax) 6. Is the business at this I cation current) licensed by OLCC? Yes ~No . 7. If yes to whom: L- . Type of License: ~ ~e ~ ti ~ ~ " ~ ~'~1~.~1 8. Former Business Name: ~ Name: ~ l 9. Will you have a manager. .Yes ~No (manager must fill out an,~ndividual History form) 10. What is the local governing body where your business is located? ~ . ~ ~.~n.r ~ , 1 (name of city or county) ` . • r r " 11. Contact person for this application: ~ ~ ti (name) ~ (phone number(s)) (address) (fax number) die F)~ ~ . ~x » , 1 understand that if my answers are not true and complete, the OLCC mad ~e~e ap~lc'~: I Applicant(s) Signature(s) and Date: - ~;~ti ' ~ ~ Date ~ • ~ r 0 Date ~ ~i».L'~~s.:~`;, ~=,..,:~t,~: ,-date . . ~ Date 4 ~ ~ . 1-800-452-OLCC (6522) • www.oregon.gov/olcc rev. oe~2ot~~ I ' iness Meetin Council Bus ~ Title: Assistance to Firefighters Grant Acceptance From: David Shepherd Interim Fire Chief david.shepherd@ashland.or. us Summary: At the December 20, 2016 business meeting, Council gave Ashland Fire & Rescue (AF&R) permission to apply for a FEMA Assistance to Firefighters Grant (AFG) for the purpose of funding the purchase of personal protective equipment andlor a vehicle exhaust capture system. AF&R was successful in receiving an award for the exhaust capture system. Funding of personal protective equipment was not approved. Actions, Options, or Potential Motions: I move to approve acceptance of the 2016 FEMA Assistance to Firefighters Grant in the amount of $78,000. Staff Recommendation: Staff recommends Council approve acceptance of the grant award. Resource Requirements: The total grant is $78,000. The department will receive federal funds in the amount of $70,910 with a department matching portion of $7,090. The department has budgeted funds in the proposed BN2017-19 budget to cover the department's matching portion. Policies, Plans and Goals Supported: 4. Evaluate real property and facility assets to strategically support city mission and goals. 4.2 Cultivate external funding opportunities Background and Additional Information: Each year FEMA/DHS provides several grant opportunities to fire agencies across the nation. AF&R actively pursues these grants and has been successful in receiving 1.2 million dollars in federal assistance over the last 15 years. This grant award will be used to retrofit Fire Station #1 with a vehicle exhaust capture system (Station #2 currently has this system). The vacuum-like system uses flexible hoses built onto tracks to effectively remove diesel exhaust when apparatus are both leaving and entering the fire station. Removal of the exhaust from the engine bays greatly reduces the likelihood ofcarcinogenic by-products entering the offices and living quarters immediately adj acent to the engine bays. Attachments: 2016 AFG Award Pagelofl CITY OF SHLAN i tJ.S. Department of Homeland Security Vilashinc~ton, D.C. 2072 r r 'w'" h ~,4 p Mr. David Shepherd Ashland Fire & Rescue 20 East Main St Ashland, Oregon 97520-1850 Re: Award No.EMW-2016-FO-03785 Dear Mc Shepherd: Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2016 Assistance to Firefighters Grant has been approved in the amount of $70,910.00. As a condition of this award, you are required to contribute a cost match in the amount of $7,090.00 of non-Federal funds, or 10 percent of the Federal contribution of $70,910.00. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the Assistance to Firefighters Grant Programs' a-grant system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Summary Award Memo • Agreement Articles (attached to this Award Letter) • Obligating Document (attached to this Award Letter) • FY 2016 Assistance to Firefighters Grant Notice of Funding Opportunity. Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. Prior to requesting Federal funds, all recipients are required to register in the System for Award Management (SAM.gov). As the recipient, you must register and maintain current information in SAM.gov until you submit the finaent financial report required under this award or receive the final payment, whichever is later. This requires that the recap review and update the information annually after the initial registration, and more frequently for changes in your information. There is no charge to register in SAM.gov. Your registration must be completed on-line at https~llwww sam govlportallpubliclSAMI. It is your entity's responsibility to have a valid DUNS number at the time of registration. In order to establish acceptance of the award and its terms, please follow these instructions: Step 1: Please go to https'll~ortal.fema.gov to accept or decline your award. This will take you to the Assistance to Firefighters eGrants system. Enter your User Name and Password as requested on the login screen. Your User Name and Password are the same as those used to complete the application on-line. Once you are in the system, the Status page will be the first screen you see. On the right side of the Status screen, you will see a column entitled Action. In this column, please select the View Award Package from the drop down menu. o lick Go to view your award package and indicate your acceptance or declination of award. PLEASE NOTE. your period performance has begun. If you wish to accept your grant, you should do so immediately. When you have finished, we recommend printing your award package for your records. Step 2: If you accept your award, you will see a link on the left side of the screen that says "Update 1199A" in the Action column. Click this link. This link will take you to the SF-1199A, Direct Deposit Sign-up Form. Please complete the SF 1199A on-line if you have not done so already. When you have finished, you must submit the form electronically. Then, using the Print 1199A Button, print a copy and take it to your bank to have the bottom portion completed. Make sure your application number is on the form. After your bank has filled out their portion of the form, you must fax a copy of the fo xed to FEMA's SF-1199 Processing Staff at 540-504-2883. You should keep the original form in your grant files. After the fa version of your SF 1199A has been reviewed you will receive an email indicating the form is approved. Once approved you will be able to request payments online. If you have any questions or concerns regarding your 1199A, or the process o request your funds, please call (866) 274-0960. I slnCere~y, 0 Bridget Bean Acting Assistant Administrator for Grant Programs Summary Award Memo SUMMARY OF ASSISTANCE ACTION ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM Application INSTRUMENT: GRANT AGREEMENT NUMBER: EMW-2016-FO-03785 GRANTEE: Ashland Fire & Rescue DUNS NUMBER: 076395508 AMOUNT: $78,000.00, Operations and Safety Project Description The purpose of the Assistance to Firefighters Program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application, and detailed in the project narrative as well as the request details section of the application -including budget information -was consistent with the Assistance to Firefighters Grant program's purpose and worthy of award. The projects approved for funding are indicated by the budget or negotiation comments below. The recipient shall perform the work described in the grant application for the recipient's approved project or projects as itemized in the request details section of the application and further described in the grant application narrative. The content of the approved portions of the application -along with any documents submitted with the recipient's application -are incorporated by reference into the terms of the recipient's award. The recipient may not change or make any material deviations from the approved scope of work outlined in the above referenced sections of the application without prior written approval, via amendment request, from FEMA. Period of Performance OS-MAY 17 to 04-MAY 18 Amount Awarded The amount of the award is detailed in the attached Obligating Document for Award. The following are the budgeted estimates for object classes for this grant (including Federal share plus recipient match): Personnel: $0.00 Fringe Benefits $0.00 Travel $0.00 Equipment $78,000.00 Supplies $0.00 Contractual $0.00 Construction $0.00 Other $0.00 Indirect Charges $0.00 State Taxes $0.00 Total $78, 000.00 NEGOTIATION COMMENTS IF APPLICABLE (max 8000 characters) This grant includes an activity (Modification to Facility, Equipment or a component in the Wellness and Fitness I Activity) that requires that you submit an Environmental Planning and Historic Preservation (EHP) Screening form for a review of your project. To access the EHP screening form and instructions for AFG activities, go to the Department of Homeland SecuritylFederal Emergency Management Agency website at: httpalwww.fema.govlmedia-library-datal143 197016301 l - 80ce3cd907072a91295b 1627c56d8fd2lgpd_ehp_screening_form_51815.pdf. The Program Office has made the following reductions to your grant: Funding for PPE is not approved. Funding for Additional Funding is not approved. The approved cost for the source capture system is $9,750, not $12,500. Therefore, they have recommended the award at this level: Total budget $78,000 Federal share $ 70,910 Applicant share $7,090 Any questions pertaining to your award package, please contact your GPD Grants Management Specialist Katrice Hagan at Katrice.Hagan@fema.dhs.gov. FEMA Officials Program Officer: The Program Specialist is responsible for the technical monitoring of the stages of work and technical performance of the activities described in the approved grant application. If you have any programmatic questions regarding your grant, please call the AFG Help Desk at 866-274-0960 to be directed to a program specialist. Grants Assistance Officer: The Assistance Officer is the Federal official responsible for negotiating, administering, and executing all grant business matters. The Officer conducts the final business review of all grant awards and permits the obligation of federal funds. If you have any questions regarding your grant please call ASK- GMD at 866-927-5646 to be directed to a Grants Management Specialist. Grants Operations POC: The Grants Management Specialist shall be contacted to address all financial and administrative grant business matters for this grant award. If you have any questions regarding your grant please call ASK-GMD at 866-927-5646 to be directed to a specialist. ADDITIONAL REQUIREMENTS CIF APPLICABLE) (max 8000 characters) National Environmental Policy Act All recipients must comply with the requirements of the National Environmental Policy Act (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which requires recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment offaith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. All recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance i governing the participations of faith-based organizations in individual DHS programs. I Agreement Articles J U.S. Department of Homeland Security Washington, D.C. 20472 f~ ,ti ~l 4~ AGREEMENT ARTICLES ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM -Operations and Safety GRANTEE: Ashland Fire & Rescue PROGRAM: Operations and Safety AGREEMENT NUMBER: EMW-2016-FO-03785 AMENDMENT NUMBER: TABLE OF CONTENTS Article I Assurances, Administrative Requirements and Cost Principles Article II Acknowledgement of Federal Funding from DHS Article III Activities Conducted Abroad Article IV Age Discrimination Act of 1975 Article V Americans with Disabilities Act of 1990 Article VI Best Practices for Collection and Use of Personally Identifiable Information (PII) Article VII Title VI of the Civil Rights Act of 1964 Article VIII Civil Right Act of 1968 Article IX Copyright Article X Debarment and Suspension Article XI Drug-Free Workplace Regulations Article XII Duplication of Benefits Article XIII Energy Policy and Conservation Act Article XIV Reporting Subawards and Executive Compensation Article XV False Claims Act and Program Fraud Civil Remedies Article XVI Federal Debt Status Article XVII Fly America Act of 1974 Article XVIII Hotel and Motel Safety Act of 1990 Article XIX Limited English Proficiency (Civil Rights Act of 1964, Title VI) Article XX Lobbying Prohibitions Article XXI Non-supplanting Requirement Article XXII Patents and Intellectual Property Rights Article XXIII Procurement of Recovered Materials Article XXIV Contract Provisions for Non-federal Entity Contracts under Federal Awards i Article XXV SAFECOM Article XXVI Terrorist Financing E.O. 13224 Article XXVII Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) Article XXVII Trafficking Victims Protection Act of 2000 Article XXIX Rehabilitation Act of 1973 Article XXX USA Patriot Act of 2001 Article XXXI Use of DHS Seal, Logo and Flags Article XXXII Whistleblower Protection Act Article XXXIII DHS Specific Acknowledgements and Assurances Article XXXIV System of Award Management and Universal Identifier Requirements Article XXXV Animal Welfare Act of 1966 Article XXXVI Protection of Human Subjects Article XXXVII Incorporation by Reference of Notice of Funding Opportunity Article XXXVIII Acceptance of Post Award Changes Article XXXIX Prior Approval for Modification of Approved Budget Article XL Disposition of Equipment Acquired Under the Federal Award Article XLI Environmental Planning and Historic Preservation Screening I. Assurances, Administrative Requirements and Cost Principles Recipients of DHS federal financial assistance must complete OMB Standard Form 424B Assurances -Non-Construction Programs. Certain assurances in this document may not be applicable to your program, and the awarding agency may require applicants to certify additional assurances. Please contact the program awarding office if you have any questions. The administrative requirements and cost principles that apply to DHS award recipients originate from: 2 C.F.R. Part 200, Uniform Administrative Requirement, Cost Principles, and Audit Requirements for Federal Awards, as adopted by DHS at 2 C.F.R. Part 3002. II. Acl<nowled~ement of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. III. Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. IV. Age Discrimination Act of 1975 All recipients must comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. ~ 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. V. Americans with Disabilities Act of 1990 All recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12101-12213). I VI. Best Practices for Collection and Use of Personally Identifiable Information IPIII All recipients who collect PII are required to have a publically-available privacy policy that describes what PII they collect, how they use the PII, whether they share PII with third parties, and how individuals may have their PII corrected where appropriate. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template respectively. VII. Title VI of the Civil Rights Act of 1964 All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 20004 et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. VIII. Civi! Rights Act of 1968 All recipients must comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. X3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)-be designed and constructed with certain accessible features (see 24 C.F.R. § 100.201). IX. Co~yright All recipients must affix the applicable copyright notices of 17 U.S.C. 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards, unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). X. Debarment and Suspension All recipients must comply with Executive Orders 12549 and 12689, which provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. XI. Drug-Free Workplace Regulations All recipients must comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain adrug-free workplace. DHS has adopted the Act's implementing regulations at 2 C.F.R Part 3001. XII. Duplication of Benefits Any cast allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude the non-Federal entity from shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal awards. i XIII. Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C~§ 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issues in compliance with this Act. XIV. Reporting subawards and Executive Compensation a. Reporting of first-tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e. of this award term). 2. Where and when to report. i. You must report each obligating action described in paragraph a.1. of this award term to http.//www.fsrs.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at http.//www.fsrs.govspecify. b. Reporting Total Compensation of Recipient Executives. 1. Applicabilityand what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if- i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received- (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at hffp://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term: I i. As part of your registration profile at hops://www.sam.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if i. in the subrecipient's preceding fiscal year, the subrecipient received- (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www. sec. goy/answers/execomp. htm. ) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: i. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: i. Subawards, and ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: 1. Entity means all of the following, as defined in 2 CFR part 25: i i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic orforeignfor-profit organization; v. A Federal agency, but only as a subrecipient under an award or subaward to anon-Federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. 3. Subaward.~ i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the projector program (for further explanation, see Sec. _ .210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations"). iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4. subrecipient means an entity that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. 5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v.Above-market earnings on deferred compensation which is not tax- qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf i of the employee, perquisites or property) for the executive exceeds $10,000. XV. False Claims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of 31 U.S.C. §3729 which set forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. 3801-3812 which details the administrative remedies for false claims and statements made. XVI. Federal Debt Status All recipients are required to be non-delinquent in their repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 and form SF-4248, item number 17 for additional information and guidance. XVI I. Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. , 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. XVII I. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990,15 U.S.C. 2225a all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended,15 U.S.C. §2225. XIX. Limited English Proficiency (Civil Rights Act of 1964, Title VIA All recipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. In order to facilitate compliance with Title VI, recipients are encouraged to consider the need for language services for LEP persons served or encountered in developing program budgets. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal FinancialAssistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services; selecting language services; and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance https:llwww.dhs.gov/guidance-published-help-department-supported-0rganizations- provide-meaningful-access-people-limited and additional resources on http://www.lep.aov. XX. Lobbying Prohibitions All recipients must comply with 31 U.S.C. X1352, which provides that none of the funds provided under an award maybe expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal. i XXI. Non-supplanting Requirement All recipients who receive awards made under programs that prohibit supplanting bylaw must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-Federal sources. Where federal statues for a particular program prohibits supplanting, applicants or recipients may be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt of expected receipt of Federal funds. XXII. Patents and Intellectual Property Rights Unless otherwise provided bylaw, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96- 517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards are in 37 C.F.R. Part 401 and the standard patent rights clause in 37 C.F.R. § 401.14. XXII I. Procurement of Recovered Materials All recipients must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. XXIV. Contract Provisions for Non federal Entity Contracts under Federal Awards a.Contracts for more than the simplified acquisition threshold set at $150,000. All recipients who have contracts exceeding the acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by Civilian Agency Acquisition Council and the Defense Acquisition Regulation Council as authorized by 41 U.S.C. §1908, must address administrative, contractual, or legal remedies in instance where contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate. b.Contracts in excess of $10,000. All recipients that have contracts exceeding $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. XXV. SAFECOM All recipients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. XXVI. Terrorist Financing E.O.13224 All recipients must comply with U.S. Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of recipients to ensure compliance with the E.O. and laws. XXVII. Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et sea.}, which provides that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. Implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19 XXVII I. Traffickin~y Victims Protection Act of 2000 All recipients must comply with the requirements of the government-wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104). This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. Full text of the award term is located at 2 CFR 175.15. XXIX. Rehabilitation Act of 1973 All recipients of must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment. XXX. USA Patriot Act of 2001 All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C.~~ 17__ 5-175c. Among other things, the USA PATRIOT Act prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. XXXI. Use of DHS Seal, Logo and Flaas All recipients must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. XXXII. Whistleblower Protection Act All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C § 2409, 41 U.S.C. § 4712, and 10 U.S.C. 2324, 41 U.S.C. 4304 and 4310. XXXIII. DHS Specific Acknowledgements and Assurances I All recipients must acknowledge and agree-and require any sub-recipients, contractors, successors, transferees, and assignees acknowledge and agree-to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS. 2. Recipients must give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed bylaw or detailed in program guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency}, sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. XXXIV. System of Award Management and Universal Identifier Requirements A. Requirement for System of Award Management Unless exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the SAM until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. B. Requirement for unique entity identifier If authorized to make subawards under this award, you: 1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its unique entity identifier to you. 2. May not make a subaward to an entity unless the entity has provided its unique entity identifier to you. C. Definitions For purposes of this award term: I 1. System of Award Management(SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site (currently at http://www. sam. qo_v). 2. Unique entity identifier means the identifier required for SAM registration to uniquely identify business entities. 3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C: a. A Governmental organization, which is a State, local government, or Indian Tribe; b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or foreign for-profit organization; and e. A Federal agency, but only as a subrecipient under an award or subaward to anon-Federal entity. 4. subaward: a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b. The term does not include your procurement of property and services needed. to carry out the project or program (for further explanation, see 2 CFR 200.330). c. A subaward may be provided through any legal agreement, including an agreement that you consider a contract. 5. subrecipient means an entity that: a. Receives a subaward from you under this award; and b. Is accountable to you for the use of the Federal funds provided by the subaward. XXXV. Animal Welfare Act of X966 All recipients of financial assistance will comply with the requirements of the Animal Welfare Act, as amended (7 U.S.C. §2131 et seq.), which requires that minimum standards of care and treatment be provided for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public. Recipients must establish appropriate policies and procedures for the humane care and use of animals based on the Guide for the Care and Use of Laboratory Animals and comply with the Public Health Service Policy and Government Principles Regarding the Care and Use of Animals. XXXVI. Protection of Human Subjects All recipients of financial assistance will comply with the requirements of the Federal regulations at 45 CFR Part 46, which requires that recipients comply with applicable provisionsllaw for the protection of human subjects for purposes of research. Recipients must also comply with the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45 CFR Part 46, research means a systematic investigation, including research, development, testing, and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definition constitute research for purposes of this policy, whether or not they are conducted or supported under a program that is considered research for other purposes. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 CFR Part 46. XXXVII. Incorporation by Reference of Notice of Funding Opportunity The Notice of Funding Opportunity for this program is hereby incorporated into your award agreement by reference. By accepting this award, the recipient agrees that all allocations and use of funds under this grant will be in accordance with the requirements contained in the Notice of Funding Opportunity. XXXVIII. Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. If you have questions about these procedures, please contact the AFG Help Desk at 1-866-274-0960, or send an email to firegrants an.dhs.gov. XXXIX. Prior Approval for Modification of Approved Budget Before making any change to the DHSIFEMA approved budget for this award, you must request prior written approval from DHS/FEMA where required by 2 C.F.R. § 200.308. For awards with an approved budget greater than $150,000, you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget DHSIFEMA last approved. You must report any deviations from your DHSIFEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. XL. Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its sub-recipients is no longer needed for the original projector program or for other activities currently or previously supported by DHSIFEMA, you must request instructions from DHSIFEMA to make proper disposition of the equipment pursuant to 2 C.F.R. § 200.313. XLI. Environmental Planning and Historic Preservation Screening AFG funded activities (Modification to Facility or Equipment) that may require an EHP review, involving the installation or requiring renovations to facilities, including but not limited to air compressorlfill stationlcascade system (Fixed) for filling SCBA, air improvement systems, alarm systems, antennas, gear dryer, generators (fixed), permanently mounted signs, renovations to facilities, sprinklers, vehicle exhaust systems (fixed) or washerlextractors are subject to FEMA's Environmental Planning and Historic Preservation (EHP) review process. FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by FEMA grant funds, through its EHP Review process, as mandated by the National Environmental Policy Act; National I Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and, any other applicable laws and Executive Orders. To access the FEMA's Environmental and Historic Preservation (EHP) screening form and instructions go to our Department of Homeland Security/Federal Emergency Management Agency- website at: https:l/www. fema. qov/IibrarylviewRecord. do?id=6906 In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. Failure to provide requisite information could result in delays in the release of grant funds. I FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARDIAMENDMENT 1a. AGREEMENT N0. 2. AMENDMENT 3. RECIPIENT N0. 4. TYPE OF 5. CONTROL N0. EMW-2016-FO-03785 N0. 93-6002117 ACTION WX01287N2017T p AWARD 6. RECIPIENT NAME AND 7. ISSUING OFFICE AND ADDRESS 8. PAYMENT OFFICE AND ADDRESS ADDRESS Grant Programs Directorate FEMA, Financial Services Branch Ashland Fire & Rescue 500 C Street, S.W. 500 C Street, S.W., Room 723 455 Siskiyou Blvd Washington DC, 20528-7000 Washington DC, 20472 Ashland POC: Andrea Day Oregon, 97520-2135 9. NAME OF RECIPIENT PHONE N0. 10. NAME OF PROJECT COORDINATOR PHONE N0. PROJECT OFFICER 5414822770 Catherine Patterson 1-866-274-0960 David Shepherd 11. EFFECTIVE DATE OF THIS 12. METHOD OF 13. ASSISTANCE ARRANGEMENT 14. PERFORMANCE PERIOD ACTION PAYMENT Cost Sharing From:05-MAY-17 To:04-MAY 18 05-MAY 17 SF-270 Budget Period From:29-JAN-17 To:30-SEP-17 15. DESCRIPTION OF ACTION a. (Indicate funding data for awards or financial changes) PROGRAM NAME CFDA N0. ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMULATIVE ACRONYM (ACCS CODE) TOTAL AWARDED THIS TOTAL AWARD NON- XXXX-XXX-XXXXXX-XXXXX- AWARD ACTION xxxx-xxxx-x + oR FEDERAL COMMITMENT AFG 97.044 2017-F6-C111-P4310000- $0.00 $70,910.00 $70,910.00 $7,090.00 4101-D TOTALS $0.00 $70,910.00 $70,910.00 $7,090.00 b. To describe changes other than funding data or financial changes, attach schedule and check here. NIA 16a. FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) Assistance to Firefighters Grant recipients are not required to sign and return copies of this document. However, recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE NIA NlA 18. FEMA SIGNATORY OFFICIAL (Name and Title) DATE Andrea Day 04-MAY-17 v._ ~ Go Back i ' ss Meetin ounc~l Busine C ~ Title: Special Procurement for "C" Mix Asphalt From: Avram Biondo Street Supervisor avram.biondo@ashland.or.us Summary , This "Class Special Procurement" (sourcing method) is being processed to seek permission to use an informal Intermediate Procurement (sourcing method) to obtain written "firm price" quotes every 3 -4 months for "C" Mix Asphalt. "C" Mix Asphalt is purchased by the ton and hauled and utilized by the Street Department for road maintenance and storm drain repairs. Actions, Options, or Potential Motions: The Council, acting as the Local Contract Review Board, moves to approve the Class Special Procurement for "C" Mix Asphalt. Staff Recommendation: Staff recommends the Class Special Procurement be approved per the attached Request for Approval Form (written findings). Resource Requirements: Funds are budgeted each fiscal year for infrastructure maintenance in both the street and storm drain budgets. The actual amount of "C" Mix Asphalt purchased will be subject to available funding, necessity and weather. Policies, Plans and Goals Supported: N/A Background and Additional Information: A Special Procurement is used for the purpose of seeking an exemption from the competitive bid process, custom designing and/or alternative contracting approach, or for the direct selection or award of a public contract or series of contracts. The Special Procurement, Approval Request Form (written findings), is attached for your consideration and review. Section 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model Rules except for the following: G. Special Procurements - a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 2798.055, 2798.060, 2798.065, 2798.070. The contracting approach maybe custom designed to meet the procurement needs. Page 1 of 2 CITY O F S H LAN I Attachments: Form #9, Special Procurement -Request for Approval Form Page2of2 CITY OF SHLAN I CITY aF SHLAND FORM #9 SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Avram Biondo, Street Supervisor Date: June 6, 2017 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Street Department 2. Department Contact Name: Avram Biondo 3. Type of Request: X Class Special Procurement Contract-specific Special Procurement 4. Time Period Requested: From July 1, 2017 to June 30, 2023 5. Total Estimated Cost: $175,000 00 per fiscal year (subject to available fundin , n,~ ecessity and weather) 6. Short title of the Procurement: "C"Mix Asphalt Supplies and/or Services or class of Supplies and/or Services to be acquired: "C"Mix asphalt is purchased by the ton and hauled and utilized by the Street Department for road maintenance and storm drain repairs The actual amount of "C"Mix Asphalt purchased will be subject to available funding, necessity and weather 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), BidlProposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: For the previous three + years, written quotes have been requested from three (3) known suppliers (Johnny Cat, Inc ,Knife River and Mountain View Paving) of "C" MiX Asphalt. Form #9 - Speaal Procurement- Request for Approval, Page 1 of 3, 511612017 I Proposed procedure: The cost of "C"Mix Asphalt exceeds $100,000 00; therefore, a formal Competitive Sealed Bid (Invitation to Bid~is rec~uired~er AMC 2 50 090 This Class-special procurement is a request to use an informal Intermediate Procurement (alternative solicitation process) per AMC 2.050.090(E) and AMC 2 50 lU0(C) to procure "C"Mix Asphalt An Intermediate Procurement (sourcing method) requires a written solicitation and at least three (3) written quotes The three 3) known local suppliers are in agreement and willin~to offer firm pricing for terms of 3-4 months Firm pricin fog r a loner term would require an "escalation clause" for oil prices, etc. and/or bidders would need to increase their bid price to cover any potential escalation in oil prices, etc. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Obtainin~~itten price quotes every 3-4 months will encoura e~ competition, provide "firm" pricing, and allow price comparisons to ensure the City is procuring "C"Mix Asphalt at a fair price. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: The proposed process will "encoura ems' competition because quotes will be requested from each of the suppliers able to~rovide "C" Mix Asphalt as specified by the Street Department. If and/or when additional suppliers become known to the City, they too will be ive~ n an equal opportunity to provide price quotes for "C" Mix Asphalt (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and X (b)(i}will result in substantial cost savings to the contracting agency or to the public because: The City will have the flexibility to obtain competitive quotes and to procure "C"Mix Asphalt from the lowest bidder. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or X (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055, 279B.060, 279B.065, or 279B.070, or any rules adopted thereunder because: It is in the City's best interest to facilitate a fair and impartial solicitation process to obtain firm competitive price quotes to ensure the Cit~is paying a fair price for "C"Mix Asphalt. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 -Special Procurement -Request for Approval, Page 2 of 3, 511612017 I Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us - ~rf approved, June 7, 2017) PUBLIC NOTICE Approval of a Special Procurement First date of publication: June 7, 2017 (if approved by Council June 6, 2017) A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on (June 6, 2017, if approved by Council) This Class-Special Procurement (sourcing method) gives the Street Department written authority to use an informal Intermediate Procurement (sourcing method) to obtain competitive written quotes for "C"Mix Asphalt. The three (3) known local suppliers are in agreement and willing to offer firm pricing for terms of 3-4 months. Firm pricing for a longer term would require an ``escalation clause "for oil prices, etc. and/or bidders would need to increase their bid price to cover any potential escalation in oil prices, etc. Obtaining written price quotes every 3-4 months will encourage competition, provide " lrm " pricing with no escalation clauses, and allow price comparisons to ensure the City is procuring "C" NI~x Asphalt at a fair price. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 279B.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Purchasing Office, Karl Olson, 90 N. Mountain Avenue, Ashland, OR 97520. The seven (7) protest period will expire at 5:00 PM on (June 1;~, 2017, if posted June 7`~~). This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 -Special Procurement- Request for Approval, Page 3 of 3, 511612017 i ' s M eeti n ouncil Busines C ~ Title: Approval of a Fixed Base Operator Lease with Skinner Aviation From: Scott A. Fleury Engineering Services Manager Scott.fleury(~ashland.or.us Su_~: This is a Fixed Base Operator (FBO) lease agreement with Skinner Aviation, Inc. The lease document details all requirements associated with performing the duties of an FBO at the Ashland Municipal Airport. The lease agreement is for an initial five-year term with up to six five-year extensions and shall not exceed 35 years in total. At each five-year renewal period the lease can be opened for negotiations if a change in conditions occur. Actions, Options, or Potential Motions: I move to approve the Fixed Base Operator Lease Agreement with Skinner Aviation, Inc. Staff Recommendation: Staff and the Airport Commission recommend approval of the lease agreement. Resource Requirements: The Airport Fund is supported through ground leases, hangar rentals, fuel flowage and tie down fees. The FBO is tasked with collecting the required fees (lease, rentals, tie downs, fuel flowage) and remitting to the City of Ashland. while acting as the FBO and performing these duties, Skinner Aviation keeps 25% of the lease, rental and tie down fees collected. The remaining fees support the annual operational and maintenance costs for the Airport. Public Works Administration/ Engineering supply all staff support to the Airport, including staffing the Airport Commission along with development and management of the budget. Facilities staff either perform ~~~r contract basic facility improvements onsite. Policies, Plans and Goals Supported: 18.1 Strengthen the Ashland municipal airport as an enterprise Back round and Additional Information: The Oregon Department of Aviation defines minimum standards that must be met in order to be considered a fixed base operator at a general aviation airport. At a minimum, onsite FBO's must provide primary services including the management of onsite fuel systems, aircraft parking operations and provide appropriate customer service to pilots. Skinner Aviation was awarded through a formal request for proposal (RFP) process a lease agreement to perform FBO duties. Skinner has been the airport's FBO since 1993 and is responsible for overall oversight of the Airport facilities including radio control, fuel facility, aircraft maintenance, hangar rental collection, flight training and facility maintenance. Pagelof2 CITY of SH LAN The current FBO lease agreement is set to terminate in 2018. In order to minimize disruption to FBO services onsite or create a possible gap in service the Airport Commission recommended soliciting FBO services through a formal RFP. An RFP was required to solicit FBO services because it was determined based on the previous RFP language that Skinner's current lease could not be extended past the 2018 end date. In 2013, the City of Ashland released a formal RFP soliciting FBO services for the Ashland Municipal Airport. Skinner Aviation was the only proposer for FBO services. The RFP grading team confirmed Skinner met all requirements of the RFP and notice of intent to award an FBO lease was given to Skinner. Since that time, City staff, including the Legal Department, have worked with Skinner Aviation to finalize an appropriate lease document that works for both the City and Skinner Aviation. The document is now complete and requires Council approval before execution. History The Ashland Municipal Airport was formally established in 1965. The City owns all of the land and buildings on the airport with the exception of the privately owned hangars at the northeast edge of the field and the Sky Research Hangar built in 2000. The airport has 34 hangars, 120 tie- down spaces and supports about 85 based aircraft. The Facilities Maintenance Division, with assistance from the City Electric Department and Parks Department, ensures appropriate maintenance is completed. The Public Works Engineering Division contracts for grant funded improvements and major maintenance related items. Management decisions for the Airport and related facilities receive oversight and recommendations through the Airport Commission, and staff work is completed through the Public Works Administrative/Engineering Support Division. Attachments: Fixed Base Operator Lease Agreement Page 2 of 2 CITY O F SHLAN i FIXED BASE OPERATOR LEASE AGREEMENT FOR THE ASHLAND MUNICIPAL AIRPORT This FIXED BASE OPERATOR LEASE AGREEMENT FOR THE ASHLAND MUNICIPAL AIRPORT ("Lease"), effective , 20_ ("Effective Date") is between THE CITY OF ASHLAND, a municipality of the State of Oregon and (collectively "parties"). RECITALS A. The City of Ashland ("City") is the owner of the Ashland Municipal Airport ("Airport). B. ("Lessee") desires to lease a portion of the Airport for the purposes described below. C. The Lease was made as a result of a Request for Proposals (RFP) issued by City in 2013 entitled "Request for Proposals for a Fixed Base Operator, Ashland Oregon Municipal Airport" and any addenda issued by City. Lessee submitted a proposal in response to the RFP on , 2013. NOW, THEREFORE, intending to be legally bound by the terms and conditions of this Lease, the parties agree as follows. 1. Agreement to Lease. In consideration of the rent to be paid and the covenants to be performed by Lessee under this Lease, City hereby agrees to lease the Premises, as defined below, to Lessee, and Lessee agrees to lease the Premises on the terms and conditions set forth in this Lease. 2. Premises. City, as owner of the Airport, leases to Lessee the real property and improvements (``Premises") listed below and shown on the attached Exhibit "A" for limited aviation use as described in the most current version of the "Minimum Standards at the Ashland Municipal Airport" adopted by the Ashland Airport Commission: (a) FBO site of 63,740 square feet (b) FBO OfficelTerminal Building: 1762 square feet building (c) FBO Maintenance HangarBuilding: 6385 square feet building (d) 8 tiedown sites (e) 5 parking spaces for rental cars in the common parking lot, along with ingress and egress, as more particularly shown on the map attached as Exhibit A Page 1 of 32 i (f) Aircraft fueling facility, including storage tanks, pumping system and card lock equipment. (g) Super UNICOM radio The term "Premises" includes structures located on subject real property and any structures constructed on the subject real property for use during the term of the Lease. Except for fixtures affixed to or otherwise incorporated into said structures, the term "Premises" excludes Lessee's personal property. 3. Term. The initial term of this Lease is for five years, commencing February 1, 2018 and continuing until expiration on January 31, 2023, unless sooner terminated under the provisions of this Lease by giving 180 days advance notice. 4. Periodic Review. The parties will review the terms and conditions of the lease prior to start of each successive term. Any changes recommended through an amendment will be reviewed by the Airport Commission and a recommendation will be forwarded to staff and City Council. Review will include exhibits B, C and D. 5. Lease Extensions. This Lease for up to six (6) additional five (5) year terms after the initial term as follows: (a) Provided no material breach is existing or continuing in the performance of any of the provisions of this Lease, at the conclusion of the initial term or any of the first three potential renewal terms, the Lease shall be deemed to be renewed for a period of five years from the date of expiration of the preceding term without the execution of any further instrument unless Lessee notifies City in writing at least 180 days prior to the expiration of any current term that Lessee declines to extend the Lease. (b) Provided Lessee submits a written renewal request to the City at least 180 days prior to the expiration of the fourth renewal term and at least 180 days prior to the expiration of any fifth renewal term, the Lease maybe extended for an additional five (5) year term by written mutual agreement of the parties. (c) The term of this Lease with extensions may not be exceed 35 years, except for any short term extensions required to complete an appropriate public contracting process to establish a new lease. (d) Any renewal term shall be on the same terms, covenants and conditions as provided in this Lease, except for minor modifications mutually agreed upon in writing by the parties. 6. Rent Payments to City. Lessee agrees to pay to City from the Effective Date until termination of this Lease the following sums and amounts: (a) Base Rent. Lessee shall pay to City as a base lease fee ("Base Rent"). The base rent shall be calculated using current facility square footage, including terminal building and Page 2 of 32 maintenance hangar and shall be based on the current ground lease rate approved by City Council. Base Rent, shall be paid on February 20, 2018 for the first month of this Lease and on the 20th day of each month thereafter until termination of the Lease. All other sums which become payable by Lessee under this Lease shall be considered "Additional Rent. "Rent," as used in this Lease, shall mean Basic Rent together with Additional Rent. i. Computation. All sums resulting from the computation of adjusted base Rent shall be rounded up the nearest whole dollar. For all partial months, Base Rent shall be prorated. Base Rent is to be absolute net to the City, with Lessee being responsible for certain taxes pursuant to Section 7(1), the costs of those maintenance, repair and replacement activities for which Lessee is responsible pursuant to Section 7, and insurance with respect to the Leased Premises pursuant to Section 8. ii. Ad'us~ tment. The Base Rent shall be adjusted annually on July 1 of each year.. The adjustment will be calculated by determining the difference between the Consumer Price Index ("CPI") on January 1 of the prior year and January 1 of the current year and multiplying said difference by the Base Rent in effect in June of the current year. Except as otherwise explicitly provided in other sections of this Agreement, the Base Rent shall not decrease. As used in this section, "CPI" refers to the All Urban Consumers (CPI-U), US City Average, CPI-All Items Index as published by the Bureau of Labor Statistics of the United States Department of Labor. If the CPI is no longer being published, then the applicable index shall be the figure reported in the US Department of Labor's most recent comparable official index then in use and most nearly answering the description of the CPI. (b) Additional Rent. i. Tiedown Fees. Lessee shall collect and pay to City 75% of all tiedown revenue generated at the Airport. Lessee shall provide to City a monthly accounting of all tiedown revenue received. Tiedown rental fee payments based on the monthly accounting of all tiedown revenue received are due on the 20th day of the month following the month in which the tiedown revenue is generated. ii. Freight Handlers Fee. Lessee shall collect and pay to City 75% of all freight handler revenue generated. Lessee shall provide to City a monthly accounting of all freight handler revenue received. Freight handler fee payments based on the monthly accounting of all freight handler revenue received are due on the 20th day of the month following the month in which the freight handler revenue is generated. iii. Ground Lease and Hangar Rental Fees. Lessee shall collect and pay to City 75% of all ground lease and hangar revenue generated. Lessee shall provide to City a monthly accounting of all ground lease and hangar revenue received. Ground lease and hangar rental fee payments based on the monthly accounting of gross ground lease and hangar revenue received are due on the 20th day of the month following the month in which the ground lease and hangar revenue is generated. Lessee may assess such charges as may be permitted under the leases for late ground lease and hangar Page 3 of 32 rental payments and shall include 75% of such late charges in the monthly ground lease and hangar rental fee payments to City. iv. Fuel Flowage Fee. Lessee shall pay to City a set fuel flowage fee per gallon on all Lessee's retail or wholesale sales of all types of fuel received from a commercial distributor on the Airport property. As of the Effective Date, the applicable fuel flowage fee is $.07 per gallon. The amount of this fee shall be reviewed annually and may be adjusted upward or downward by resolution of the Ashland City Council. Accumulated monthly fuel flowage fees shall be calculated from Lessee's monthly fuel sales report; shall be paid monthly; and shall be due on the 20th day of the month following the month in which the fuel was sold or used by Lessee. Lessee may sell aviation fuel at a wholesale price to other operators PROVIDED HOWEVER, that Lessee confirms that those operators have an aircraft Fuel Retailers License from the Oregon Department of Motor Vehicles. Lessee shall pay City the fuel flowage fee on all wholesale fuel sales to other operators, and Lessee shall report the names of such wholesale purchasers and the quantity of wholesale purchases to City in its monthly fuel report. (c} Records. Lessee shall keep records in its usual and customary manner of all sales and volumes that serve as the basis for any additional rent that may be due the City under this Lease. Such records shall be open for inspection by City, but not more frequently than once in any six month period, and only upon ten days' written notice to Lessee. Such inspection shall be performed at a reasonable time at Lessee's office. In no event shall Lessee be required to keep such records for more than two years. (d} Late Fees. Rental payments due to City shall became delinquent if not paid in full within 10 days after the due date. A delinquency charge of 1.5% per month shall be added to payments required by this Lease which have become delinquent. If Lessee's check for payment of Rent or Additional Rent due under this Lease is returned to City for any reason, the payment shall be considered not to have been made and shall be delinquent. In addition to the above delinquency charge, City may charge Lessee a returned check fee of $25.00 per returned check, which Lessee agrees is a reasonable fee for the additional administrative time and expense incurred by City in having to deal with the returned check. The delinquency charge shall continue to accrue until the returned check fee is paid, the check can be cashed, and City receives all funds due. (e} Mode of. Payment. Without notice, demand, offset, abatement or deduction, Lessee agrees to pay all Rent and any other amounts due by to the City of Ashland by City- accepted forms of payment delivered ar mailed to the Finance Department, City Hall, 20 East Main Street, Ashland, Oregon 97520. 7. Use of Premises (a} General Uses. Lessee shall use the Premises exclusively for aircraft rental, aircraft and aircraft component maintenance, aircraft flight management, flight training, aircraft charter operations, retail aviation fuel sales, aircraft self fueling, aircraft sales, aircraft Page 4 of 32 I parts sales, line services, pilot supplies, and other commercial aeronautical activity including contract helicopter services, fire fighting, aero-medical services, law enforcement services, traffic reporting services, aerial photography, scenic tours, pipeline patrols, incidental car rental, food sales for onboard charter aircraft, and related services allowed to be performed by a fixed based operator in accordance with the Oregon Department of Aviation ("ODA") minimum standards for Category 4 FBOs and the "Minimum Standards at Ashland Municipal Airport, Ashland, Oregon" adopted by the City Council ("Minimum Standards") as they now exist or as they maybe required to be changed in the future by the ODA or the Federal Aviation Administration. Any other changes to these standards shall not apply to Lessee unless such changes are mutually agreed upon and applied and enforced uniformly among all FBOs at the airport. Nothing in this Lease shall be construed to grant to Lessee any exclusive right to conduct any aeronautical activity at the Airport. (b) ~lonexclusive Rights. Subject to the Minimum Standards, Lessee shall have the nonexclusive right to use, in common with other aeronautical users on the Airport: (a) all public Airport facilities, improvements, taxiways, roadways and areas at the Airport (collectively, the "Airport Public Facilities"); and (b) such non-public areas of the .Airport, common utility facilities, and other improvements which are owned or designated by the City for common benefit or use of Airport tenants or which maybe necessary for Lessee's access to and from the Premises and for performance of Lessee's business conducted at the Airport. The FAA's exclusive rights prohibition applicable on the effective date or, if later amended, the most recent official version thereof, is incorporated into this lease as if fully set forth herein.. No fees or charges may be made to Lessee for use of the Airport Public Facilities, except such fees or charges as are imposed by the City uniformly on all similarly situated users of such Airport Public Facilities. (c) Fuelin Fg acility. Lessee is authorized to operate the aviation fueling facility at the Airport. Lessee shall at all times have the appropriate aviation fuels, as determined by City and Lessee, available for sale and shall be solely responsible for the safe operation of the fueling facility and for procuring fuel for operation of the fuel facility. (d) UNICOM Radio. Lessee is authorized to operate a UNICOM radio with antenna in accordance with all manufacturers' prescribed procedures, and FAA regulations. (e) Maintenance Hangar. The maintenance hangar shall be used to provide maintenance of aircraft and other airport related uses. Portions of the maintenance hangar maybe sublet on a month to month basis for other uses provided that the primary use of the hangar is airport-related and provided that the need for aircraft maintenance does not require the use of the sublet portions. (f) Parking Spaces. The five parking spaces shall be used by Lessee for the parking of rental automobiles to be rented by Lessee to the public. Installation and maintenance of signs Page 5 of 32 I identifying the spaces shall be at Lessee's cost. (g) Except for the uses set forth in (a) through of this Section 6 and the activities set forth in Section 7, no other use shall be permitted without the prior written consent of the City which consent shall be in the City's sole discretion. (h) City reserves the right to further develop or improve the Airport. (i) General Limits on Use. i. Lessee shall not, without the prior written consent of City, use any device which would cause unreasonable noise, vibration, fumes, debris, or electronic interference on or adjacent to the Premises. Lessee agrees to participate with the Airport Commission in the development and execution of measures to reduce Airport impacts on neighboring properties. Lessee shall not use or permit anyone else to use the Premises in a manner which: (a) creates any condition that constitutes a safety hazard under, or otherwise violates, Federal Aviation Administration ("FAA") regulations; (b) creates or tends to create a hazard to aviation or aviation related activities or a nuisance; or (c) interferes in any way with airport operations. ii. Lessee shall not use any part of the hangars financed with proceeds of any tax-exempt obligations issued by the City for office space, except for office space that is de minimis in size and cost and that is directly related to its day-to-day operations at the airport as required by Section 142(b) (2) of the IRS Code. iii. Lessee shall not use or permit the use of the Premises as any lodging facility, any retail facility (including food and beverage facilities) in excess of a size necessary to serve passengers and employees at the Airport, as any retail facility (other than parking) for passengers or the general public located outside the terminal, as an office building for individuals who are not employees of City, or as any industrial park or manufacturing facility. No part of the Premises financed with any portion of the proceeds of any tax-exempt obligations issued by City shall be used to provide any airplane, skybox or other private luxury box, health club facility, a facility primarily used for gambling, or store the principal business of which is the sale of alcoholic beverages for consumption off premises as prescribed by Section 147(e) of the IRS Code. iv. No smoking is allowed in the Premises at any time within 10 feet of the FBO Maintenance Hangar/Building. v. City may, when reasonably necessary, close all or portions of the Airport to perform construction or maintenance work on the Airport even though such work may cause temporary suspension of Lessee's activities and temporary suspension of Lessee's ingress and egress to the Premises. Such temporary suspension shall not suspend or Page 6 of 32 I otherwise alter Lessee's rent obligations. City shall provide Lessee reasonable notice in advance of planned construction or maintenance work. As used in this section 6(i)(v), "temporary suspension" means the necessary and substantial cessation of primary activities of the Lessee on and Lessee's access to premises for a period of [3] or fewer consecutive days or [6] non-consecutive days within a 60 day period. i. Lessee's rental payments will be prorated during the entire period of closure that exceed the term of a temporary suspension. 8. Lessee's Responsibilities. (a) Primary Fired Base Operator. Lessee shall conduct the business and provide the services of a Fired Base Operator at the Airport, as described in the Minimum Standards as they now exist or as they maybe changed in the future. Lessee shall be the primary Fixed Base Operator at the Airport. As such, City grants Lessee and Lessee agrees to exercise the authority, at Lessee's sole discretion, to monitor activities of other lessees and permittees at the Airport, as well as the public who use the Airport facilities, including compliance with the Minimum Standards, lease terms, and safety regulations. City will provide to Lessee copies of all Airport leases, permits, licenses and other agreements or regulations concerning Airport activities. Lessee shall report to City any suspected inappropriate activities at the Airport. Control and enforcement of the leases and permits shall be the responsibility of the City through its Director of Public Works or a designee. General FBO management duties: • Hours of operation. FBO shall keep terminal building open seven (7)* days a week during normal business hours. FBO shall make available after hours phone numbers for general and emergency issues that occur onsite and require FBO attention. • FBO responsible for monthly safety inspections of complete site including drive by :inspections of all hangars, asphalt and appurtenances. • FBO responsible for keeping fuel storage facility properly stocked for public use. • ~'BO provides onsite representation of the City and Airport for the FAA, NTSB, airport users and the general public. • FBO monitors and reports all safety concerns to City and Airport Commission. • FBO issues all NOTAMS regarding the Ashland Municipal Airport. • Provides management of City hangars including fee collection, filling vacancies, manage tie down area appropriately, manages transient, cargo activity onsite and prevention of security, and environmental violations onsite during hours of operation. • Promotes appropriate development and use of airport. ~FBO can close terminal office on all recognized City Holidays. (b) Public Benefit. Lessee agrees to operate the premises for the use and benefit of the public without unjust discrimination and to make available to the public on fair and reasonable terms all leased Airport facilities and services adequate to meet demand at reasonable Page 7 of 32 i prices so as to result in a reasonable profit to Lessee. Lessee shall not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own employees (including but not limited to maintenance, repair, and fueling) that it may choose to perform. (c) Hangar Reservation Deposit. Lessee shall maintain a hangar Reservation list for persons desiring to lease a T-hangar when one becomes available. Lessee shall post the list for public inspection at the FBO office. Lessee shall collect a deposit from each person whose name is placed on the list. The amount of the deposit and any refund shall be established by City Council resolution. Lessee may retain 25% from each deposit for the cost of collecting the fee and maintaining the list. 75% of the reservation deposit shall be used towards the first month's rent. Lessee shall propose resolution of any disputes as to priority dates. The Director of Public Works shall make the final determination of priority date if any such dispute is not resolved through disputants' negotiations with Lessee. (d) Cooperation with Airport Tenants. Lessee shall cooperate with other Airport tenants to provide access to their leasehold properties. Cooperation with other tenants does not imply agreement or consent to any tenant proposal that would impair Lessee's present or future business. (e) Compliance with Laws, Airport Regulations and City Obligations. Lessee's activities on or use or possession of the Premises shall comply with all applicable laws, ordinances, codes, rules and regulations of federal, state, county, city and other public governmental authorities or agencies, including, but not limited to, Environmental Laws (as defined in Section 12, the Occupational Safety and Health Act, the Americans with Disabilities Act, and fire, safety, health, sanitary, and electrical and building codes, prevailing wage laws, zoning and state and local comprehensive plans and criminal laws and regulations (collectively, "Laws"). i. City Regulations and Obli at,~ ions. Lessee is subject to and shall comply with the provisions of all existing and future regulations adopted by City's Director of Public Works, the Ashland Airport Commission or the Ashland City Council concerning the operation of the Airport. Lessee shall comply with any enforcement procedures the United States or the State of Oregon might demand that City take in order to comply with City's assurances or obligations under any deed of conveyance from the United States or grant agreement with the United States or the State of Oregon. ii. Environmental Compliance. Lessee shall manage and conduct all of its activities on or relating to the Premises (a) incompliance with federal, state, and local environmental law; (b) in a manner designed to protect the environment; (c) in adherence with best management practices applicable to Lessee's use of the Premise; (d) in cooperation with City's efforts to comply with environmental laws and best environmental management practices; and (e) incompliance with the environmental Page 8 of 32 i requirements detailed in Section 12. iii. FAA Securit~Re ulg ations. Lessee recognizes its obligations to comply with applicable Federal Airport Security Regulations. Lessee will reimburse City in full for any fines or penalties levied against City for security violations as a result of any negligent or willful actions on the part of Lessee, including any negligent or willful failures by lessee to prevent security violations by its agents, contractors, suppliers, guests, customers or employees. (f) Inspections by Lessee. Lessee shall inspect at least once weekly all lighting at the Airport, including, but not limited to, runway, VASI, REIL, taxiway and beacon lights. Any malfunction shall be immediately reported to City and to the appropriate FAA representative. (g) Premises Maintenance and Repair. Lessee shall perform the items designated as the responsibility of the Lessee on the Premises Maintenance Matrix attached hereto as F,xhibit B ("Premises Maintenance Matrix"). Further, except for maintenance work expressly listed among City's responsibilities on the Premises Maintenance Matrix and except as limited in Section 7(g), it shall be Lessee's responsibility, at Lessee's sole cost and expense, to continually keep and maintain the Premises and all improvements, systems, and equipment located thereon (whether constructed by Lessee or City) clean and neat, free of waste material and debris, in good condition and repair and in a fully operational condition and to make all necessary and appropriate preventive maintenance, repairs and replacements. One restroom will be kept open to the public at all times, and Lessee shall be responsible for its cleaning and upkeep. Without limiting the effect of any other provision of this Lease, it is a material term of this Lease that Lessee's improvements on the Premises, may, at City's option, become the property of City upon the expiration or earlier termination of this Lease. Lessee shall, at the expiration of termination of this Lease, surrender the Premises in as good order and condition as when received, reasonable wear and tear, damage from the elements, fire, acts of God or other casualty excepted. Lessee shall be responsible and shall pay for all damage or injury done to the Premises by Lessee or any person who maybe in or on the Premises with the consent of Lessee. (h) Other Airport Maintenance and Repair. Lessee shall perform maintenance and repairs listed as Lessee's responsibilities onthe Other Airport Maintenance Matrix attached hereto as Exhibit C ("Other Airport Maintenance Matrix"), as well the Lessee's maintenance responsibilities pursuant to Section 7(g). City, or its designees or agents, shall perform the maintenance and repair work listed as City's responsibilities on the Other Airport Maintenance Matrix on the Airport, in addition to the responsibilities expressly assigned to City in the Section 7(g). (i) Alterations and Improvements Page 9 of 32 i i. Except as provided in Section 7{i}. Lessee may not make alterations or improvements without the prior written consent of City, which consent shall not be unreasonably withheld. Friar to any construction, construction plans must be approved by City in writing as to the physical and aesthetic design, site location, color, landscape design, parking, land use, compliance with all federal and state laws and regulations including but not limited to Davis Bacon Act, prevailing wage rate and the Lessee's financial capability. All alterations ar improvements that Lessee may desire to make to the Premises shall be lane by Lessee and at the expense of Lessee. The term "improvements" means any buildings, structures, or facilities placed ar erected on the Premises. All such work shall be done in a good and workerlike manner in compliance with all applicable building and zoning laws and ordinances. ii. Lessee shall not make any improvement that increases the footprint of existing structures on the Premises or that utilizes additional land at the Airport without first entering into a ground lease with the City for such additional space. Ground lease rent for such additional space shall be determined using the applicable Council- appravedrate structure. iii. Prior to construction of any improvements, the parties agree to negotiate in good faith as to ownership of the improvements to be constructed. Improvements mandated by state or federal regulations will be constructed by City. Unless the parties have previously agreed in writing to the contrary, the improvements shall become City property, free and clear of all claims of Lessee or anyone claiming under Lessee ar through Lessee's actions, upon completion of construction and issuance of a certificate of occupancy. Lessee, or anyone claiming under Lessee, shall indemnify and defend City against all liability and loss arising from such claims. {j} Utilities. Lessee shall initiate, contract for, and obtain, in its name, the following utility services required on the Premises: gas, electricity, telephone {including at least one cell l~~hone or dedicated land line always immediately available for communicating with the FAA and for local calls), sanitary sewer, solid waste collection and services, and all other utilities which may be furnished to the Premises, except that City shall obtain all water service for the Airport in its own name. Lessee shall promptly pay all charges for the aforesaid services as they became due, except that City shall pay for water and one-half of the solid waste collection charges, PROVIDED HOWEVER, that City shall not pay more than the two can minimum. if Lessee fails to pay the utilities charges for which it is responsible hereunder, City may elect to pay them and the charges will then be added to the rental payment next due. {k} Taxes. Any real or personal property taxes assessed against the Premises or the personal property thereon leased by Lessee shall be paid by Lessee no later than November 15 of the year in which the taxes become due and payable. Lessee also covenants and agrees to pay personal property taxes assessed against the Lessee's personal property located on the Premises for the duration of this Lease, such payments to be made Lessee shall Page 10 of 32 i annually submit a copy of the receipt for such taxes to City's Director of Finance. (1) No Liens. Lessee agrees to pay, when due, all sums for labor, services, materials, supplies, utilities, furnishings, machinery or equipment which have been provided to the Premises. Lessee shall not suffer or permit any liens to attach to the interest of Lessee in all or any part of the Premises by reason of any work, labor, services, or materials done for, or supplied to, or claimed to have been done for or supplied to, Lessee or anyone occupying or holding an interest of Lessee in all or any part of the improvements on the Premises through or under Lessee. If any lien is filed against the Premises, Lessee shall cause the lien to be discharged of record within thirty (30) days after the date of filing of the same, by payment, depositor bond. In the event that Lessee fails to remove the lien within thirty (30) days, then, in addition to all other remedies set forth in Section 5(d), the City shall automatically have the right, but not the obligation, to pay the lien off, after giving notice of its intent to do so to Lessee, and Lessee shall immediately reimburse City for any sums so paid to remove any such lien, together with the Delinquency Charge due thereon, calculated from the date City funds were expended thereon. (m)Fire Safety. Lessee shall exercise due and reasonable care and caution to prevent and control fire on the Premises. City shall provide and maintain such fire suppression and other fire protection equipment as maybe required pursuant to applicable governmental laws, ordinances, statutes and codes for the purpose of protecting the Premises and restricting the spread of any fire from the Premises. 9. Insurance. Insurance requirements set forth below do not in any way limit the amount or scope of liability of Lessee under this Lease. The amounts listed indicate the minimum amounts of insurance coverage City is willing to accept to help insure full performance of all terms and conditions of this Lease. All insurance of type and scope required of Lessee under this Lease shall meet or exceed insurance coverages of those currently acquired by members of the same industry who are similarly situated in size and circumstances as the facilities and operations in this Agreement. All insurance required by Lessee under this Lease shall therefore meet the following minimum requirements as presented in Exhibit "D" attached, and any attachments thereto, all of which herein are incorporated by this reference. (a) Certificates, Notice of Cancellation. On or before the Effective Date and at all times thereafter while this Lease is in effect, Lessee shall provide City with current certificates ~of insurance including an additional insured endorsement, executed by a duly authorized representative of each insurer, evidencing the existence of all insurance policies required under this Section 8, and showing the amount of any applicable deductible(s) andlor self insured retention(s). City shall receive at least thirty (30) days written notice prior to cancellation, non-renewal, or material change in any policy. Insurance must be maintained without any lapse in coverage during the entire time Lease is in effect. City shall also be given true copies of Lessee's policies of insurance upon request. Failure of City to request such certificates or other evidence of full compliance with these insurance requirements, or failure of City to identify any deficiency or noncompliance with coverage requirements, shall not be construed as a waiver of Lessee's obligation to Page 11 of 32 i maintain the Insurance required by this Lease. (b) Additional Insured. City shall be named as an additional insured in each required liability policy and, for purposes of damage to the Premises, as a loss payee, to the extent of its interest. Such insurance shall not be invalidated by any act, neglect ar breach of contract by Lessee. (c) Primar C~g~. The required policies shall provide that the coverage is primary, and will not seek any contribution from any insurance or self insurance carried by City. (d) Com~aan~Ratin~s. All policies of insurance must be written by companies having an A.M. Best rating of "A" or better. (e) Required Insurance, i.See Attached Exhibit "D". ii. Workers' Compensation Insurance. Lessee shall maintain in force Workers' Compensation insurance for all of Lessee's employees, including average for Employer's Liability. In lieu of such insurance, Lessee may maintain a self insurance program meeting the requirements of the State of Oregon and a policy of Excess Workers' Compensation with a limit of at least ~1,000,000.00 per accident above the self insured retention. (f) Lessee's Risks. Lessee shall be responsible for obtaining any insurance it deems necessary to aver its awn risks, including without limitation: (a) business interruption, such as business income, extra expense, or similar coverage; (b) personal property; (c) aircraft hull coverage; and/or (d) automobile physical damage and/or theft. In no event shall City be liable for any: (i) business interruption or any other related or consequential loss sustained by Lessee; (ii) damage to, or lass of, Lessee's property; (iii) damage to, or loss of, an aircraft; or (iv) damage to, or loss af, an automobile, whether or not such loss is insured, except to the extent caused by City's own negligence or willful misconduct (g) Periodic Review. The parties will review the types and limits of insurance average at not less than two year intervals and make changes if necessary. In the event City determines that such types of coverage and/or limits should be changed, City will give Lessee a minimum of thirty (30) days notice of such determination and Lessee shall modify its coverage to the comply with the new insurance requirements of City, to the extent such types and/or limits of coverage are required by City in an equitable and not unjustly discriminatory manner considering the types and limits of insurance then required by City of lessees of similarly situated properties. Lessee shall also provide City with proof of such compliance by giving the City an updated certificate of insurance within fifteen (l5) days. City also reserves the right to require a change of insurance Page 12 of 32 i carrier if the Lessee's carrier's rating drops below an A rating. Lessee shall be given at least thirty (30) days notice of any such required changes. (h) Waiver of Subro a.~ tion. Except as limited by this Section, the parties hereto waive any right of action that they and/or their insurance carriers might have against the other for loss or damage, to the extent that such loss or damage is covered by any property insurance policy or policies and to the extent that proceeds (which proceeds are free and clear of any interest of third parties) are received by party claiming the loss or damages. This waiver of subrogation shall not extend to any applicable deductibles under such policy or policies. 10. Indemnification. (b) General Indemnity. Except as liability is limited for the City of Ashland under the Oregon Tort Claims Act, if the negligent or willful acts or omissions of any party hereto cause any other party to be required to respond to legal processes or proceedings, the responsible party shall indemnify, defend, save and hold harmless the other party and its officers, employees and agents from and against any and all claims, actions, liabilities, losses, damages, including consequential damages, or expenses including attorneys' fees, arising from act or omissions of the responsible party. (c} The Airport fuel storage and self-serve fuel system and its users are not considered as part of this lease agreement and therefore the Parties no contractual obligations to mdemnify or otherwise as related to the fuel storage and self-serve fuel system activity occurring at the Airport. This provision, however, does not and is not intended to waive or forgive any general liability of any party for their negligent or willful acts or omissions as related or not to arly fuel storage and self-serve fuel system activity that cause injury or damage to persons or property of the other or third parties, and in which indemnity may be claimed as a matter of law. (d) Survival. The releases and indemnities contained in this Section 9 shall survive termination of this Lease. 11. Limitation on City Liability. City shall have no liability to Lessee for loss or damage suffered by Lessee on account of theft or any act of a third party including other tenants. City shall only be liable for its willful misconduct or gross negligence and then only to the extent of actual and not consequential damages, and as limited under the Oregon Tort Claims Act. 12. Damage or Destruction. If a casualty that involves damage or destruction of fifty percent (50%) or more of the improvements located on the Premises not caused by Lessee ("Major Casualty"), Lessee shall be entitled to terminate this Lease upon the giving of at least sixty (60) day's notice to City. In the event of a Casualty that does not qualify as a Major Casualty, Lessee must promptly repair or replace the damaged improvements. The repaired or replaced improvements must be at least equal in value to the improvements that were Page 13 of 32 i damaged or destroyed. In the event of a Major Casualty, Lessee must either terminate this Lease or fully restore or replace the damaged improvements within one (1) year, as provided above and subject to delays beyond Lessee's reasonable control. During restoration, rent shall continue to be paid unless the parties otherwise agree in writing. If the Lease is terminated under this Section, the insurance proceeds arising from the Casualty shall be allocated as follows: (a) to the cost of obtaining the proceeds (excluding the cost of maintaining the insurance coverage, such as premiums paid); and (b) to City, to the extent of City's interest; then, subject to the rights of any City-approved lender, to Lessee. The City's interest shall be an amount not less than the present value (determined as of the date the proceeds are distributed to City) of the right to receive the improvements (assuming that the improvements had not been damaged and had otherwise been maintained, repaired and upgraded as required by this Lease) at the end of the Term of this Lease. In determining the present value, a discount interest rate generally accepted in the industry for use in valuing similarly situated facilities at the Airport at the time of distribution of the proceeds shall be used. Lessee shall be allowed to terminate this Lease as provided in this section only if Lessee first removes all liens and encumbrances affecting the Premises (other than those created by City) and otherwise satisfies all obligations arising upon termination of the Lease. In case of destruction or damage there shall be no prorated rent, abatement, or reduction of rent. 13. Environmental Requirements. (a) Notification. Lessee shall promptly notify City upon becoming aware of: (a) a violation or alleged violation of environmental law related to the Premises or to Lessee's occupation or use of the Premises or any environmental provision of this Lease; and (b) any Hazardous Substance Release on, under or adjacent to the Premises or threat of or reasonable suspicion of any of the same. (b) Environmental Inspection. City shall have the right to conduct reasonable inspections of the Premises and the operations conducted on Premises at any time and from time to time, after notice to Lessee, to inspect the Premises; Lessee's operations on and use of the Premises; and, subject to Oregon Public Records Law ORS 192.41.0 through 192.505, Lessee's environmental records. Lessee shall cooperate fully with City during such inspections and investigations. (c) Toxic Pollutants. Lessee shall install all facilities necessary for the operation and shall properly operate and maintain all facilities and systems and related appurtenances of treatment that are required to keep compliance with the effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for Toxic Pollutants. (d) Hazardous Substances. As used is this paragraph, the term "hazardous substances" means any hazardous or toxic substance, material, or waste, including, but not limited to, those substances, materials, and wastes listed in the United States Department of Page 14 of 32 i Transportation Hazardous Materials Table (49 C.F.R. S 172.101) or by the United States Environmental Protection Agency as hazardous substances (40 C.F.R. Part 302) and any amendments; ORS 466.567, 466.205, 466.640 and 468.790; and regulations of the Oregon Department of Environmental Quality("DEQ"), petroleum products and their derivatives, and such other substances, materials and wastes as become regulated or subject to cleanup authority under any environmental laws. Lessee shall not store or allow any hazardous substance or petroleum products to be released on the premise other than that necessary for the conduct of Lessee's business. In addition, Lessee shall recycle petroleum products and dispose of hazardous substances in accordance with the DEQ's rules and regulations. All costs associated with the use of hazardous substances or petroleum products, including, but not limited to costs of cleanup, removal, remediation, and compliance with federal, state and local environmental requirements, shall be the sole responsibility of Lessee. Lessee shall indemnify and hold City harmless from any costs, fees, penalties or other expense incurred by City in connection with hazardous substances on the leased Premises. All hazardous substances and petroleum products on the premises shall be used, handled, cleaned up, removed and remediated in accordance with federal, state and local requirements. (e) Hazardous Substance Releases. Except as provided in Section 9(c), Lessee shall be responsible for any Hazardous Substance Release on the Leased Premises, or from the premises into the air or into adjacent or nearby waterways (including groundwater) which results from or occurs in connection with Lessee's occupancy or use of the Premises under this Lease, or occurs or continues after the term of this Lease, if caused by Lessee. In no event shall Lessee be responsible for any Hazardous Substance Release not caused by negligent or willful acts of negligence by Lessee or agents of lessee. In the event of a violation of Environmental Law, a violation of an environmental provision of this Lease, a Hazardous Substance Release, or the threat of or reasonable suspicion of the same for which Lessee is responsible under this Lease, Lessee shall immediately undertake and diligently pursue all acts necessary or appropriate to correct the violation or investigate, contain, and stop, the Hazardous Substance Release and remove the Hazardous Substance. Improvements mandated by state or federal regulations will be constructed by the C ity. (f) Remediation. Lessee shall promptly undertake all actions necessary or appropriate to ensure that any Hazardous Substance Release is remediated and that any violation of environmental law or the environmental provisions of this Lease is corrected. Lessee shall remediate, at Lessee's sole expense, all Hazardous Substances for which Lessee is responsible under this Lease or under any environmental law, and shall restore the Premises or other affected property or water to its condition prior to the Hazardous Substance Release for which Lessee is responsible. Within thirty (30) calendar days following completion of any investigatory, containment, remediation and/or removal action required by this Lease, Lessee shall provide City with a written report outlining, in detail, what has been done and the results thereof. Page 15 of 32 I i. City A~roval Right. Except in the case of an emergency or an agency order requiring immediate action, Lessee shall give City twenty four (24) hours advance notice before beginning any investigatory, remediation or removal procedures. Subject to Lessee's obligation to remediate as set forth immediately above, City shall have the right to exercise reasonable approval or disapproval of the proposed investigatory, remediation and removal procedures and the company(ies) and/or individuals conducting such procedures which are required by this Lease or by environmental law, whether on the Premises or on any affected property or water. City shall have the right to require Lessee to request oversight from DEQ of any investigatory, containment, remediation and removal activities and/or require Lessee to seek a statement from DEQ of "No Further Action" acceptable to City. ii. CitX's Right to Perform on Behalf of Lessee. Except in the event of an emergency or an agency order requiring immediate action, City shall have the right, upon giving Lessee seven (7) calendar days written notice, to perform its obligations arising under this Lease and charge Lessee the resulting costs. City may not commence performance on behalf of Lessee under this Section if, within the seven (7) calendar day notice period, Lessee promptly begins and diligently pursues to completion the performance of the obligations set forth in the City's notice. 14. Assignment. Lessee shall have the right to assign the whole or any part of Lessee's rights and duties under this Lease, subject to the written approval of City, which approval shall not be unreasonably withheld and last no longer than 60 calendar days. City, in considering approval, may take into consideration the experience, qualifications and financial ability of the proposed assignee to perform the obligations required of Lessee, and to operate the airport for the benefit of the public. For the purposes of this paragraph, the sale, assignment, transfer, or other disposition of any of the issued and outstanding capital stock of Lessee, or a change in principal officers or directors of the corporation, if Lessee is a corporation, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Lessee is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Lessee, shall be construed as an assignment of this Lease. Control, as used in this paragraph, means 50 percent or more of the voting power of the corporation. 15. Default. (a) Event of Default. The occurrence of any of the following shall constitute an event of default ("Event of Default"): i. Default in Rent. Failure of Lessee to pay any rent or other amount payable to City or to others as provided in this Lease within ten (10) days after written notice from City that such payment is past due. Notwithstanding the foregoing, City need not give notice for a default in the payment of rent or other amounts payable to City or others more than twice during any twelve (12) month period, and a failure to make a payment within ten (10) days after the second (2nd) notice in any twelve (12) month Page 16 of 32 i period constitutes an Event of Default for which no further notice or opportunity to cure need be given. No other notice by City that rent or such other amount is past due shall be required. ii. Default in Other Covenants. Failure of either party to comply with any term, covenant ar condition of this Lease (other than the payment ofrent) within thirty (30) days after written notice by one party describing the nature of the default by the other party. If the default is of such a nature that it reasonably cannot be completely remedied within the thirty (30} day period, this provision shall be complied with if correction of the default begins within the thirty (30) day period and thereafter proceeds in goad faith and. with reasonable diligence to effect the cure as soon as practical. Furthermore, if any Event of Default threatens to cause serious harm to a party or to other Airport tenants ar other persons, then the affected party shall not be required to serve any notice before proceeding to request immediate injunctive relief. iii. Bankruptcy/Insolvency. The insolvency of Lessee shall be an immediate Event of Default for which no notice or opportunity to cure need by given. For the purposes of this Lease, and to the extent permitted by the United States Bankruptcy Code, "Insolvency" shall mean. (a) an assignment by Lessee for the benefit of creditors, {b} the filing by Lessee of a voluntary petition in bankruptcy; (c) Lessee dissolves; (d) the appointment of a receiver of the properties of Lessee and the receiver is not discharged within ninety (90) days; (e) the filing of an involuntary petition of bankruptcy and failure of Lessee to secure a dismissal of the petition within ninety (90) days after filing; and (f) attachment of, or the levying of execution on, the leasehold interest and failure of Lessee to secure discharge of the attachment, or release of the levy of execution, within ninety (90} days. iv. Abandonment. Failure of Lessee for seventy-two (72 hours or mare to use and occupy the Premises for one or more of the purposes permitted under this Lease unless such failure is required or excused under other provisions of this Lease. Upon such abandonment, no notice that an Event of Default has occurred shall be required from City. The Premises sha11 not be considered abandoned. if Lessee notifies City that it will be absent for a period of time, in advance, and Lessee pays all Rent and maintains the Premises in good repair throughout any such absence. (b} Remedies on Default. i. Termination. Either party may, at its option, terminate this Lease 180 days after written notice to the other party. ii. Re-Entry. City may re-enter the Premises,. or any part thereof, by suitable action or proceeding at law, or, in the event of abandonment of the Premises by Lessee, by force, or by other lawful means, without being liable for indictment, prosecution or damages therefore, and may repossess the Premises and remove any person or Page 17 of 32 i property therefrom, by lawful means, to the end that City may have, hold and enjoy the Premises. iii. Relettin .City, at its option, may relet the whole or any part of the Premises from time to time, either in the name of City or otherwise, to such tenants, for such terms ending before, on or after the expiration of this Lease, at such rentals and upon such conditions (including concessions and free rent periods) as City, reasonably may determine to be appropriate. To the extent allowed under Oregon law, City shall not be liable for its reasonable refusal to relet the Premises, or, in the event of any such reletting, for failure to collect any rent due upon such reletting; and no such failure shall operate to relieve Lessee of any liability under this Lease or otherwise affect any such liability. City may make such physical changes to the Premises as City reasonably considers necessary in connection with any such reletting or proposed reletting, without relieving Lessee of any liability under this Lease or otherwise affecting Lessee's liability. City, under its obligations to mitigate its damages, shall not be required to attempt to relet the Premises to a potential lessee with which City has been negotiating a lease for other space owned by City or to whom City has shown other space owned by City and City shall be entitled to use its best efforts to lease such other City space to such prospective tenant. iv, Rent Recovery. Whether or not City retakes possession or relets the Premises, City shall have the right to recover unpaid rents and all damages caused by the default. Damages shall include, without limitation: all rents lost; all legal expenses and other related costs reasonably incurred by the City as a result of Lessee's default; all costs reasonably incurred by City in: (a) restoring the Premises to a good order and condition, to the extent required of Lessee by this Lease, (b) preparing the Premises for reletting; and (c) reletting the Premises, including, without limitation, any brokerage commissions expended as a result of the default. v. Recovery of Damages. To the extent permitted under Oregon law, a party claiming default by the other party may sue periodically for damages as they accrue without barring a later action for further damages. Nothing in this Lease will be deemed to require a party to await the date on which the Lease expires to bring or maintain any suit or action respecting this Lease. City may in one action recover accrued damages plus damages attributable to the remaining term of this Lease equal to the amount by which the rent reserved in this Lease for the balance of the term of this Lease after the time of award exceeds rent based on the market rental rate for the same period. If City has relet all or any part of the Premises for the period which otherwise would have constituted all or any part of the unexpired portion of the term of this Lease, or any part, the amount of rent reserved upon such reletting shall be deemed, prima facie, to be the market rental rate for the part or the whole of the Premises so relet during the term of the reletting. (c) Remedies Noncumulative, Nonexclusive. Each right and remedy in this Lease will be cumulative and will be in addition to every other right or remedy in this Lease or existing Page 18 of 32 i at law or in equity, including, without limitation, suits for injunctive relief and specific performance. The exercise ar beginning of the exercise by one party of any such rights or remedies will not preclude the simultaneous ar later exercise by that party of any other such rights or remedies. All such rights and remedies are nonexclusive. (d} Lease Continuation.. Even if Lessee has breached. this Lease, this Lease shall continue for sa long as City does not terminate Lessee's right to possession, and City may enforce all of its rights and remedies under this Lease, including the right to recover rent as they become due under this Lease. Acts of maintenance or preservation or efforts to relet the Premises ar the appointment of a receiver upon initiative of City to protect City's interest under this Lease shall not constitute a termination of Lessee's rights to possession unless written notice of termination is given by City to Lessee. Any notice to terminate maybe given before or within the cure period for Default and may be included in a native of failure of compliance. No such termination shall prejudice City's right to claims for damages for such breach or any other rights and remedies of City. (e} Curing Defaults. If Lessee shall fail to perform any of Lessee's obligations under this Lease, City, without waiving rights with respect to such failure, may (but shall not be obligated to}perform the same for the account of and at the expense of Lessee, without notice in a case of emergency, and in any other cases, only if such failure continues after the expiration of thirty (30} calendar days from the date City gives Lessee notice of the failure, City shall not be liable to Lessee far any claim for damages resulting Pram such action by City. Lessee agrees to reimburse City upon demand any amounts City may spend in complying with the terms ofthis Lease an behalf ofLessee. City shall have the same rights and remedies in the event of the nonpayment of amounts due to be reimbursed under this Section as in the case of Default by Lessee in the payment of any other rent. 16. Duties on Termination. (a} Surrender and Removal of Property. Upon expiration or earlier termination of the Lease for any reason, Lessee shall deliver all keys to City and surrender the Premises and all improvements in gaol clean condition, acts of God, ordinary wear, work far which City is responsible excepted. Except when the parties have previously agreed in writing to the contrary, all improvements on the Premises, whether constructed by City or by Lessee, other than Lessee's trade fixtures and equipment, including storage tanks, shall, at City's option, become City property and shall not be removed unless City directs Lessee to remove such improvements, in which case Lessee must promptly remove the improvements at its expense, and then repair any damage to the Premises. Except as otherwise provided in this Lease, all repair for which Lessee is responsible shall be completed prior to termination and surrender. (b} Time for Removal. The time for removal of any property which Lessee is required to remove from the Premises upon expiration or earlier termination ofthis Lease shall be as Page 19 of 32 i follows: (a) by the expiration of this Lease; or (b) if this Lease is terminated prior to the expiration date due to an uncured Event of Default or for any other reason, then all removal must occur within thirty (30) calendar days of the actual earlier termination date, and Lessee must continue to pay all rent during that period. If removal is not completed within the thirty (30) calendar days time period, Section 7(I)(iii) and Section 14(e) shall apply. (c) Holding Over. If Lessee holds over after the expiration or earlier termination of this Lease with the consent of City, and the parties have not agreed, in writing, to the terms and provisions of a new lease (or to the extension of this Lease) prior to such expiration or earlier termination, Lessee shall be deemed amonnh-to-month holdover tenant ("Holdover Tenant") or a tenant at sufferance ("Tenant at Sufferance"), at City's sole discretion, and Lessee shall remain bound by all terms, covenants, and agreements hereof, except that: (a) the tenancy shall be from month to month; (b) Rent shall adjust as of the date of expiration or earlier termination of this Lease to one hundred fifty percent (150%) of the amount otherwise determined under Section 5(a); (c) title to Lessee's improvements shall vest in City as of the expiration or earlier termination of this Lease; (d) City shall have the right to adjust any rent payments due by Lessee upon thirty (30) calendar days written notice to Lessee; and (e) such month-to-month tenancy maybe terminated at any time by thirty (30) calendar days prior written notice from either party to the other. In the event that Lessee is a Holdover Tenant or a Tenant at Sufferance beyond June 30 of any lease year, Lessee shall be responsible, if applicable, for payment of taxes for the entire following tax year without proration. In the event City deems Lessee a Holdover Tenant or a Tenant at Sufferance, City shall be entitled to evict Lessee, but may still collect rent due by Lessee as set forth herein. (d) Accrued Rights. Any termination of this Lease or of rights and benefits hereunder shall be without prejudice to the obligations, liabilities or rights of any party already accrued prior to such termination. 17. General Provisions. (a) Covenants, Conditions and Restrictions. This Lease is subject and subordinate to the effect of any covenants, conditions, restrictions, easements, mortgages, deeds of trust, ground leases, rights of way, and any other matters of record now or hereafter reasonably imposed upon the Premises and to any applicable land use or zoning laws or regulations. Lessee shall, upon request of City, execute and deliver agreements of subordination in the form reasonably requested City. Lessee's agreement to subordinate its interest in this Lease to any ground lease, mortgage, deed of trust or other lien or security interest, is expressly conditioned upon Lessee's continued right to quiet enjoyment of the Premises and to the exercise of the other rights granted to Lessee under this Lease, so long as Lessee is not in default under the terms of this Lease, subject, however, to City's rights of eminent domain and other rights of City under this Lease and at law and in equity. Page 2D of 32 i (b) Governin.~Law_. This Lease shall be governed and construed according to the laws of the State of Oregon. Venue shall be in Jackson County, Oregon. (c) No Benefit to Third Parties. City and Lessee are the only parties to this Lease and as such are the only parties entitled to enforce its terms. Nothing in this Lease gives or shall be construed to give or provide any benefit, direct, indirect, or otherwise to third parties unless third persons are expressly described as intended to be beneficiaries of its terms. (d) Cit~Consent. Any consent or approval of City required or permitted under this Lease shall be in writing and may be given by the City's Director of Public Works. If Lessee requests City's consent or approval pursuant to any provision of the Lease and City fails or refuses to give such consent, Lessee shall not be entitled to any damages as a result of such failure or refusal, whether or not unreasonable. Lessee's sole remedy shall be an action for specific performance or injunction, and such remedy shall be available only if City has expressly agreed, in writing, not to act unreasonably in withholding its consent or may not unreasonably withhold its consent as a matter of law and City has, in fact, acted unreasonably in either of those instances. In the event this Lease is silent as to the standard for any consent, approval, determination, or similar discretionary action, the standard shall be in the sole discretion of City. (e) No Im,Plied Warranty. In no event shall any consent, approval, acquiescence, or authorization by City be deemed a warranty, representation, or covenant by City that the matter approved, consented to, acquiesced in or authorized is appropriate, suitable, practical, safe or in compliance with any applicable law or this Lease. In no event shall City be deemed liable therefore. Lessee shall be solely responsible for such matters. (f) No Warranty ofNon-Interference By Entities Outside City's Control. Lessee understands and recognizes that actions of parties holding land or living adjacent to the Airport and of governmental entities not subject to City's influence and control may have, in the future, adverse impacts upon the number and character of flight and other operations at the Airport. City makes no warranty or assurance that such adverse impacts will not occur. (g) ~lotices. All notices required or desired to be given under this Lease shall be in writing and maybe delivered by personal delivery, facsimile or placement in the U.S. mail, postage prepaid, as certified mail, return receipt requested, addressed to the following addresses or facsimile numbers: CITY: LESSEE: Public Works Director 20 E. Main Street Ashland, OR 97520 Tel: (541) 552- Tel: (541)- Fax: (541) 552- Tel: (541)- Page 21 of 32 i Any notice delivered by mail shall be deemed to be given three (3) days after mailing as provided above. Any notice delivered by facsimile shall be deemed to be given when a confirmation of successful transmissian is generated to the transmitting machine. To be effective against City, such facsimile transmission must be confirmed by telephone notice to an employee at the City Public Works Department. Any communication ar notice by personal delivery shall be deemed to be given when actually hand delivered. A party may designate a change of address by written notice to the other party. (h) Time of the Essence. Time is of the essence in the performance of and adherence to each and every cavenant and condition of this Lease. (i) Calculation of Time. All periods of time referred to in this Lease shall include Saturdays, Sundays, and legal holidays. However, if the last day of any period falls on a Saturday, Sunday, or legal holiday, then the period shall be extended to include the next day which is not a Saturday, Sunday ar legal holiday. "Legal Holiday" shall mean any holiday observed by the Federal Government. (j) Nonwaiver. Waiver of strict performance of any provision of this Lease shall not be deemed a waiver of or prejudice a party's right to require strict performance of the same provision in the future or of any other provision. (k) Survival. Any cavenant or condition (including, but not limited to, indemnification agreements), set forth in this Lease, the full performance of which is not specifically required prior to the expiration or earlier termination of this Lease, and any covenantor condition which by their terms are to survive, shall survive the expiration ar earlier termination afthis Lease and shall remain fully enforceable thereafter. (1} Partial Invalidity. If any provision of this Lease is held to be invalid or unenforceable, the remainder of this Lease, or the application of such provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each provision of this Lease shall be valid and enforceable to the f'uilest extent permitted by law. (m)Headims. The article and section headings contained in this Lease are for convenience in reference and are not intended to define or limit the scope of any provisions of this Lease, (n) Exhibits Incorporated by Reference. All Exhibits attached to this Lease are incorporated by reference in this Lease for all purposes. (o) Modifications. This Lease may not be modified except by a writing signed by the parties hereto. Page 22 of 32 I (p) Attorney Fees. If a suit, action, or other proceeding of any nature whatsoever (including any proceeding under the U.S. Bankruptcy Code), is instituted in connection with any controversy arising out of this Lease or to interpret or enforce any rights or obligations hereunder, the prevailing party shall be entitled to recover attorney, paralegal, accountant, and other expert fees and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith, as determined by the court at trial or on any appeal or review, in addition to all other amounts provided by law. Payment of all such fees shall also apply to any administrative proceeding, trial, andlor any appeal or petition for review. Whenever this Lease requires either party to defend the other, it is agreed that such defense shall be by legal counsel acceptable to the other party. (q) f;ntire A reg ement. It is understood and agreed by Lessee that neither City nor City's agents or employees have made any representations or promises with respect to this Lease or the making or entry into this Lease, except as in this Lease expressly set forth, and that no claim or liability or cause for termination shall be asserted by Lessee against City for, and City shall not be liable by reason of, the claimed breach of any representations or promises not expressly stated in this Lease, any other oral agreement with City being expressly waived by Lessee. (r) Successors. The rights, liabilities and remedies provided for in this Lease shall extend to the heirs, legal representatives, successors and, so far as the terms of this Lease permit, successors and assigns of the parties hereto. The words'City' and'Lessee' and their accompanying verbs or pronouns, wherever used in this Lease, shall apply equally to all persons, firms, or corporations which maybe or become such parties hereto. (s) Counterparts. This Lease maybe executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one instrument. (t) Defined Terms. Capitalized terms shall have the meanings given them in the text of this Lease. (u) No Limit on City Powers. Nothing in this Lease shall limit, in any way, the power and right of City to exercise its governmental rights and powers, including its powers of eminent domain or, except as otherwise provided the rights of Lessee with respect to such powers. (v) Provisions Applicable to Others. All provisions of this Lease governing Lessee's use of the Premises and Lessee's activities and conduct on, about or from the Premises shall apply to Lessee's officers, agents, employees, invitees, and contractors. (w) Recitals. The Recitals above are true and are incorporated into and are a part of this Lease. Page 23 of 32 (x) Force Majeure. If the performance by either of the parties of their respective obligations under this Lease (excluding monetary obligations) is delayed or prevented, in whole or in part, by any extraordinary act of terrorism, nature, explosion, epidemic, war, civil disorder, change in laws, or unexpected and unavoidable labor strike or material shortage that could not have been reasonably anticipated or avoided by the impacted party (collectively, 'Torte Majeure"}, then that party shall be excused from performance of its obligations until the Force Majeure event has resolved without liability so long as performance occurs as soon as reasonably possible, to the extent performance can actor. (y) Interpretation of Agreement. This Lease is the result of arms length negotiations between City and Lessee and shall not be construed against either party. (z) Status of Parties. Nothing contained in this Lease shall be deemed or construed as creating the relationship of principal and agent, partners, joint venturers, or any other similar such. relationship, between the parties hereto. (aa} Nondiscrimination Assurance. Lessee for itself, its successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree that in the event facilities are constructed, maintained, or otherwise operated on the Airport for a purpose for which a U.S. Department of Transportation ("DOT"~ program or activity is extended or for another purpose involving the provision of similar services or benefits, Lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said regulations may be amended. Lessee for itself, its successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that. (a) na person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said fatalities; (b) that in the construction of any improvements an, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (t) that Lessee shall use the Premises in compliance with all other requirements imposed by or pursuant to 49 CFR 21, Nondiscrimination in Federally .A,ssisted Programs of the Department of Transportation, and as said regulations maybe amended. Lessee assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from federal assistance. This provision obligates Lessee or its transferee for the period during which federal assistance is extended to the airport program, except where federal assistance is to provide, or is in the farm of personal property ar real property or interest therein or structures or improvements thereon. In these cases, the provision obligates Lessee ar any transferee for the Langer of the following periods: (i) the period during which the property is used by City or any transferee for a purpose for which federal assistance is extended, or for another purpose involving the provision of similar services or benef ts; or (ii) the period during which Page 24 of 32 i City ar any transferee retains ownership or possession of the Airport property, In the case of contractors, this provision binds the contractors from the bid solicitation period through the completion of the contract, In addition, Lessee agrees that, whether or not this Lease is conducted with, or benefits from, federal assistance, it shall in all matters pertaining to the performance of this Lease conduct its business in a manner which assures fair, equal and nondiscriminatory treatment of all persons without respect to race, sex, age, color, creed, sexual preference, marital status, national origin, or the presence of any sensory, mental or physical handicap. Lessee will maintain open hiring and employment practices and will welcome applications far employment in all positions from all qualified individuals. It is the policy of the DOT that disadvantaged business enterprises, as defined in the Airport and Airway Improvement Act, as amended, and as implemented by the federal regulations, shall have the maximum opportunity to participate in the performance of leases as defined in 49 CFR 23.5. Consequently, this Lease is subject to 49 CFR 23, as applicable. Lessee will, at the timely request of City, provide any information needed in preparation of necessary reports, forms, documents and other data relative to equal employment. Lessee hereby assures that it will include the above clauses in any subleases approved by City and cause sublessees to similarly include clauses in further subleases. IN WITNESS HEREOF, the parties have subscribed their names hereto effective as of the year and date first written above. CITY OF ASHLAND >~y: John Stramberg, Mayor APPROVED AS TO LEGAL SUFFICIENCY FOR THE CITY: ~y: Ashland City Attorney Page 2.5 of 32 i E~H161T "A' FLED BASE OPERATOR LEASE BETWEEN CITY OF ASHLAND .AND RO@ERT A. SKINNER lease includes F.B.O.Office Maintenance Hangar, Fueling Facilities and Five ~J~ Parking Stalin and Eighi ~F) Aircraft Tiedowns as Noted J .r. .A ~ ~ ~ . ~s~ S..; ~r; { ~ ~ ~1~ ~ q h - , f G;i r ~ f ' , ry i Harigt~~r f , , ...,.....w n,~ e -;r Maintenance Hangar ' O Office ::F M ;A ;~,i% 3 ~ Page 26 of 32 i EXHIBIT B Premises Maintenance Matrix The following pertains to property within the Premises City is responsible for items designated in the Premises Maintenance Matrix, and Lessee is responsible for items it is designated to maintain in the Premises Maintenance Matrix, along with all repairs or maintenance necessitated by the negligent or Intentional acts or omissions of Lessee or the employees, agents, or contractors of the Lessee. Lessee and City shall perform their maintenance obligations within a MAINTAINED reasonable timeframe unless otherwise specified in the "Special BY: Notes" to this Premises Maintenance Matrix. Lessee City 1. Interior of Premises buildings 1.1 Windows, non-oversized doors X 1.2 Carpet cleaning two times each year X 1.3 Interior rooms, ceilings, floors and floor coverings X 1.4 Janitorial services for and general upkeep of restrooms X 2. Electrical Systems 2.1 Electrical panels X 2.2 Power from main electrical panel throughout Premises, X including conduit and wiring, subpanels, and power outlets, switches and interior lamps. 2.3 Exterior lighting, including wiring and lighting fixtures X 3. Fire Systems 3.1 Sprinklers (heads and piping) X 3.2 Fire suppression equipment and devices, including X portable fire extinguishers, due to Lessee's use of Premises 4. HVAC 4.1 Affixed heating, air conditioning, ventilation systems and X associated controls, including central system and package units 5 . S ignage S.l Building identification and directory X 6. Structures Page 27 of 32 ~.1 Exterior, Components to include roof, sidings, gutters, X drains, walkways, fascia, exterior doors, painting of exteriors of Premises building ~.2 Interior structural components of interior walls, including X overhead cargo doors 6.3 Interior surfaces, including ceilings, wa11s, and floors and X waterproofing and sealing of all floor penetrations. b.4 Interior locks X 6.5 Exterior locks X 6.6 Asbestos management X 7. Water Systems and Ground Utilities 7.1 Storm sewers, storm inlets X 7.2 Utility lines from Point of Service to and throughout X Premises 7.3 Utility fixtures (sinks, toilets, fountains, etc.) X 7.4 Pi ing within Premises X 7.5 Natural gas lines, from Point of Service to and X throughout Premises 7.6 Cold water pipe insulation X 7.7 Water heater and refrigerator units X 7.8 Floor penetrations X 8. Radio and Weather Equipment 8.1 Radio equipment X $.2 Weather equi ment X 9. Above Ground Fuel Storage System and Associated Components X Future modif cations in the public use area of the FBA Terminal Building required to meet Americans with Disabilities standards will be the responsibility of the City Any modifications lane by Lessee will comply with all regulatory statutes and Lessee shall obtain ail necessary permits in order to perform modifications. Page 28 of 32 i EXHIBIT C ether Airport Maintenance Matrix The following pertains to non-Premises Airport property, for which Lessee has certain responsibilities as Primary Fixed Base Operator pursuant to the Restated Agreement. City is responsible for items designated in the Premises Maintenance Matrix, and Lessee is responsible for items it is designated to maintain in the Premises Maintenance Matrix, along with all repairs or maintenance necessitated by the negligent or intentional acts or omissions of Lessee or the employees, agents, or contractors of the Lessee. Lessee and City shall perform their maintenance obligations within a MAINTAINED reasonable timeframe unless otherwise specified in the "Special BY: Notes" to this Other Airport Maintenance Matrix. LeSSee Clty I 1.1 *Note-exhibit C to be amended as necessary during any lease negotiations opened by the FBO or city. Page 29 of 32 EXHIBIT D Insurance Requirements _ _ _ COMMERCIAL GENERAL LIABILITY AVIATION INSURANCE POLICY ~ POLICY NUMBER: NAFfi00405g RENEWAL OF: NE1N Endurance ~e~~can fns~rarce ~ o IS5t1ED ~Y A Stcck CGr~pa:z~ ~,§1m;r~gtor LE W. BROWN & ASSOCIATES INSURANCE SERVICES 3CUC'c Faye Yn.; As a ~~5,~^~*r a'ca tv Insurance under this policy is provided by Endurance American Insurance Ca ,hereafter referred to as "the Company°. In cansideration of the payment of the premium and subject to the terms and conditions hereinafter set forth, the Company agrees to provide insurance as fellows ITEM 1. NAMED INSURED & ADDRESS PRODUCER NAME & ADDRESS SkinnerAviation, Inc., its lndividuaC Executive Northwest Insurance Group. Inc. Officers and Shareholders and employees wMle 3301 NE Cornell Road Suite R acting witfiin the scope of their duties. Hillsboro:. OR 97124 403 Dead Indian Memorial Raad Ashland, OR 97520 ITEM 2. POLICY PERIOD: FROM October 1, 2016 TO October 1.2017 12.01 AM Standard Time at the address in ITEM 1 ITEM 3. Type of Coverage In return far payment of the premium and subject to all of the terms of the pal~cy we agree with you to provide the insurance stated in this policy LIMITS OF LIABIt_ITY General Aggregate Limit (Other than Products-Completed Operations and Hangarkeepers') 54.000 000 Products-Completed Operations Aggregate Limi# 51.000.000 Persa~nal Injury & Advertising Injury{ Aggregate Limit 51,000.000 Ea=wh Occurrence Limit See Attached f=,re Damage Limit (Any One Fire; See Attached ~1ed,~cal Expense Limit (Any One Persang See Attached Hangarkeepers` Each Loss Limit See Attached Hangarkeepers' Each Aircraft Limit See Attached Nangarkeepers' Deductible Each Occurrence See Attached ITEM 4. Location of aviation premises owned, rented to or occupied by the Named Insured at the beginning of the Policy Period See attached fTEM 5. B~;siress of the Named Insured, Fixed Based Operator ITEM B. PREMIUM Premium Subtotal: 59.000.00 Total Premium due at Inception: 59,000.00 Er,;;orsements forming a part of this policy on effective date in Item 3 are. NAF2000 END07 (1215), NAF2000 END44 i?~2151. NAF2000 END01 j1215}, NAF2000 END34 (1215), NAF2004 END22 (1215} NA1=2000 END35 (121510 NAF200Q END54 (1215), NAF2000 END29 (1215), NAF2000 END48 (1215), NAF2000 END50 (1215; NAF2000 END42 (1215;, NAX-06-1215, IL 1313 0115, IL 1201 0115. NAF2000 END37 (1215). NAF2000 (1215) Page ; c` Page 30 of 32 i POLICY N0 NAF5004059 ATTACHED TO DECLARATION PAGE (NAF2000 (1215j} SCHEDULE OF LOCATIONS Location of Aviation premises owned, rented to or occupied by the Named Insured: Ashland Municipal Airpar<, Ashland, OR Including those airport premises necessary and incidental to the Aviation Operations of the Named Insured. Type of Coverage: L1M1TS OF LIASIUTY General Aggregate Limit (Other than Produats-Completed Operations and Nangarkeepers') 54.000,000 Products-Gampleted Operations Aggregate Limit 51,000,000 ProductsiGampleted Operations Occurrence Limit 51,000..000 Persona? Injury 8 Advertising Injury Aggregate Limit 51,000,000 Personal Injury & Advertising injury Occurrence Limit 51.000,000 Each Occurrence Limit 52.000,000 Fire Damage Limit (Any One Fire) 550,000 Medical Expense Limit (Any One Person) `5.000 Each Occurrence 550.000 Hangarkeepers' Each Loss limit 5500.000 Hangarkeepers' Each Aircraft Limit 5250,000 Hangarkeepers' Deductible Each Occurrence As Endorsed NAF2000 (1215) Page o` ? Page 31 of 32 POLICY NO ~ NAF6004059 ATTACHED TO DECLARATION PAGE (NAF2000 (12151) The terms of this policy shall not be waived or changed except by endorsemenk issued to form a part hereof, signed by W Brown & Associates Insurance Services thereinafter called the Aviation Managers); nor shall notice to any agent, or knowledge possessed by any agent or by any person be held to effect a waiver or change in any part of this policy. DATE ISSUED. September~2g, 2 16 APPROVED BY W. Brown 8 Associates NAF2000 X12151 Page 2 c~ Page 32 of ~2 council 8usine~s Meetin ~ Title: Approval of Contracts far Water and Wastewater Treatment Plant Chemicals Fcom: Greg Hunter Water Treatment Plant Supervisor ,greg.hunter~ashland.or.us David Gies Wastewater Treatment Plant Supervisor david.gies ,,ashland.or.us Summa~~: Chemicals are required to maintain consistent water quality at the Water Treatment Plant and for compliance with NPDES (National Pollutant Discharge Elimination System) permit requirements at the Wastewater Treatment Plant. A formal competitive sealed bid (Invitation to Bid} is the required sourcing method for an acquisition greater than X100,000.00. Ten (10) bids were received and individual contracts for each of the eight (8) chemicals will be awarded to the lowest responsible and responsive bidders for a term of July 1, 2017 to June 30, 2019. The bid tab is attached for your review, ActionsLQptions, or Potential Motions: The Council, acting as the Local Contract Review Board, moves to approve the public contract awards for chemicals. Staff Recommendation: Staff recommends the public contracts for chemicals be approved. Resource Requirements: Funds are budgeted for chemicals. WTP chemicals are estimated to cost approximately $230,000.00 per fiscal year and $460,000.00 for the biennium. WWTP chemicals are estimated to cost approximately $160,000.00 per fiscal year and $320,000.00 for the biennium. Policies, Plans and foals Supported: N/A Background and Additional Information: Section 2.50.080 Formal Processes - Competitive Sealed Bidding and Proposals Except as otherwise expressly provided herein, in addition to the requirements of the Model Rules and the Oregon Public Contracting Code: C. The Local Contract Review Board shall approve the award of all contracts for which the Ashland Municipal Code or the Oregon Public Contracting Code require formal competitive solicitations or formal competitive bids. 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U N i-+ i- .S~ o o o V U G o o u o x ct aUQ aUQ U U~ a ZUQ a Za~UQ U Council Business Meetin Title: Resolution to Transfer Control of You Have Options Program From: Tighe O'Meara Police Chief Tighe.omeara@ashland.or.us Summary: Staff is seeking to divest the city from the You Have Options Program in such a manner that the program can continue to grow and the City can both continue to benefit from the program and concentrate on more pressing work. Actions, Options, or Potential Motions: I move that Council authorize the City Administrator to sign an agreement transferring ownership and responsibility for the You Have Options Program to Veracities, Inc. Staff Recommendation: Staff recommends that Council authorize the transfer of ownership and rights to the You Have Options Program to Veracities, Inc. Resource Requirements: This agreement solidifies the return of one full time employee to the department. Policies, Plans and Goals Supported: N/A Background and Additional Information: In 2010, Detective Carrie Hull started developing the You Have Options Program (YHOP). YHOP was designed to remove as many barriers as possible to sexual assault survivors reporting the assaults to the police and seeking the assistance they need. The program has been very successful and has been introduced to the national law enforcement community. The program's growth was due, almost exclusively, to the hard work provided by Detective Hull. Detective Hull has been allowed to work exclusively on YHOP full time for the last few years. While the Police Department has been very supportive of this effort, it has not come without a cost. A department our size cannot lose one of its 28 officers without sacrificing service in another area. The department has been working toward a divergence from the YHOP while setting the program up to be sustainable on its own. This transfer represents our attempt to make sure the YHOP has a maximum chance of continuing to grow, bringing this important program to as many police departments as possible. The attached resolution authorizes the transfer of ownership of the program to Veracities, Inc., a company owned wholly by Carrie Hull. It is Detective Hull's intention to resign from city employ on July 1, 2017, and further this very important work through this newly formed company. Pagelof2 CITY OF SHLAN i Attachments: Resolution Agreement between City of Ashland and Veracities, Inc. Page2of2 CITY OF SHLA~ i RESOLUTION N0.2017- A RESOLUTION AUTHORIZING THE TRANSFER OF ALL RIGHTS AND OWNERSHIP OF YOU HAVE OPTIONS TO VERACITIES, INC. RECITALS: A. The You Have Options Program (YHOP) was created by Detective Carrie Hull on behalf of the Ashland Police Department to facilitate better reporting of sexual assaults. B. The YHOP has grown substantially since its inception in 2010 and requires multiple full time employees to manage. C. The APD has dedicated a full time employee to YHOP for the last three years, taking away a valuable resource from an already over-taxed staff. D. The APD and the City of Ashland desire to have the YHOP continue its important work in redefining how sexual assaults are investigated. E. The APD wishes to continue to train its officers in the policies and practices of YHOP. F. The APD can no longer sustain supporting the YHOP given its other obligations and need to engage the Ashland community. G. Veracities, Inc. is a company owned by Carrie Hull H. Detective Carrie Hull is planning on leaving city employ on June 30, 2017, to continue to train police agencies on the YHOP. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City of Ashland agrees to transfer all rights to and ownership of the You Have Options Program to Veracities, Inc. pursuant to the attached agreement effective July 1, 2017. This resolution was duly PASSED and ADOPTED this day of , 2017, and takes effect on July 1, 2017. Dana Smith, Assistant City Recorder SIGNED and APPROVED this day of , 2017. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Reso No. Page 1 of 1 i INTELLECTUAL PROPERTY ASSIGNMENT AGREEMENT This Intellectual Property Assignment Agreement (this "Agreement"), dated as of 2017, is made by and between the City of Ashland ("Assignor")and Veracities Incorporated, a Delaware public benefit corporation ("Assignee"). RECITALS WHEREAS, Carrie Hull ("Shareholder"), the sole shareholder of Assignee, has served as an employee of Assignor. WHEREAS, in her employment, Shareholder designed and developed the You Have Options Program for sexual assault reporting, as more fully described in Schedule 1 hereto (the "Program"). WHEREAS, Shareholder has formed Assignee with the goal of developing, improving and expanding the Program; WHEREAS, in furtherance of Shareholder and Assignee's goals, and in exchange for certain Program access benefits, Assignor desires to assign all of its right, title and interest in the Program to Assignee. AGREEMENT NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: INTELLECTUAL PROPERTY ASSIGNMENT Assigned Property. For purposes of this Agreement, the term "Assigned Property" means the following: • all curriculum, documents, database information and other written works that pertain to the Program, whether or not such items are the subject of a registered copyright; • all registered trademarks, common law trademark rights, and registrations for business names and trade names that pertain to the Program, including [You Have Options Program trademark]; • the website available at www.reportingoptions.com, including all content, media, databases and proprietary software comprising the website as well as the design, layout and "look and feel" of the website; • the registered domain name www.reportingoptions.com and vuwvu. reportingoptions.org; • customer lists and other proprietary information pertaining to the Program and trainings conducted under the Program; and • for each of the foregoing: o all works of authorship, inventions, discoveries, methods, processes, names, designs, products, and confidential information forming a part of, embodied in, or necessary for use of the foregoing; and o all copyrights, patent rights, trade secret rights, trademark rights, and other intellectual property and proprietary rights in, arising out of, or associated with the foregoing. Assignment. Assignor hereby assigns to Assignee the Assignor's entire interest in: • the Assigned Property, including but not limited to all copyrights, patent rights, trade secret rights, trademark rights, and other intellectual property and proprietary rights comprising the Assigned Property; • Assignor's goodwill associated with all trademark rights in the Assigned Property; and • any income, royalties, claims, actions, proceedings, damages, liabilities, and expenses of every kind that Assignor may have against or be able to recover from any person, whether known or unknown, resulting from or arising out of the person's infringement of any copyright, patent, or trademark, misappropriation of any trade secret, or violation of any other intellectual or proprietary right of Assignor with respect to the Assigned Property. Assets Derived From and Through the Program and Held by Jackson County SART • Any funds held by Jackson County Sexual Assault Response Team (JCSART) on behalf of the Program shall continue to be held and administered by JCSART under the terms of the memorandum of understanding between the City of Ashland and JCSARTto defraythe costs of the program. Assignorwill not interfere with the use of these funds provided they are accessed and used pursuant to this agreement. i Moral Rights. Assignor assigns to Assignee any moral rights thatAssignor may have in the Assigned Property, and waives any right to assert any moral rights in any portion of the Assigned Property. Perfection. At the request and expense of Assignee, Assignor will sign such documents and take such actions that Assignee deems reasonably necessary to perfect, protect, and evidence Assignee's rights in the Assigned Property. With respect to the domain name registration described in Section 1.1(b), Assignor shall use reasonable efforts to comply with applicable domain name registrar transfer requirements. With respect to the trademark registration described in Section 1.1(d), Assignor shall use reasonable efforts to comply with applicable U.S. Patent and Trademark Office trademark assignment requirements. ASSIGNEE REPRESENATIONS, WARRANTIES AND COVENANTS Representations and Warranties. Assignee represents and warrants to Assignor that: it is a public benefit corporation duly organized, validly existing and in good standing under the laws of the state of Delaware, it has all requisite corporate authority and power, authorizations, consents and approvals to enter into this Agreement, and it is duly qualified to do business and in good standing in each jurisdiction where it conducts business. Assignor Program Access. For a period of five (5) years commencing on the date of this Agreement, Assignee shall offer the Program and anyAssignee-facilitated trainings to Assignor's sworn law-enforcement staff and shall waive all related registration and program fees unless waiver of fee for individual training, event or program tool would cause a financial hardship on Assignee. ASSIGNOR REPRESENTATIONS, WARRANTIES AND COVENANTS Representations and Warranties. Assignor represents and warrants to Assignee that: Assignor owns rights, title, and interest in and to the Assigned Property; Assignor has not granted and will not grant any licenses or other rights to the Assigned Property to any third party; the Assigned Property is free of any liens, encumbrances, security interests, and restrictions on transfer; to Assignor's knowledge, the Assigned Property does not infringe intellectual property rights of any third party; and there are no legal actions, investigations, claims, or proceedings pending or threatened relating to the Assigned Property. GENERAL Further Assurances. The parties will sign other documents and take other actions reasonably necessary to further effect and evidence this Agreement. Attachments. Any exhibits, schedules, and other attachments referenced in this Agreement are part of this Agreement. Governing Law. This Agreement is governed by the laws of the State of Oregon, without giving effect to any conflict-of-law principle that would result in the laws of any other jurisdiction governing this Agreement. Venue. Any action, suit, or proceeding arising out of the subject matter of this Agreement will be litigated in courts located in Jackson County, Oregon Entire Agreement. This Agreement, inclusive of its recitals, contains the entire understanding of the parties regarding the subject matter of this Agreement and supersedes all prior and contemporaneous negotiations and agreements, whether written or oral, between the parties with respect to the subject matter of this Agreement. Assignor: CITY OF ASHLAND By: Its: [ASSIGNEE] By: Its: i council Business Meetin ~ Title: Approval of City Recorder Bond From: Tina Gray Human Resource Director tina(a)ashland.or.us Summary: Melissa Huhtala will begin work as the City Recorder on June 12, 2017. In accordance with the City Charter and ORS 221.902, her bond must be approved by the City Council before she may perform any official duties. Actions, Options, or Potential Motions: I move to approve the City Recorder's Bond. Staff Recommendation: Staff recommends that the City Council approve the City Recorder's bond. Resource Requirements: The premium for this public official bond is $306 for atwo-year period, and maybe canceled at any time with the remainder of time being credited back to the city. Policies, Plans and Goals Supported: N/A Background and Additional Information: According to ORS 221.902 the City Recorder shall, before entering upon the duties of her office, execute a bond to the city for faithful performance of duties. This bond shall be approved by the city council and shall be filed with the mayor. The City of Ashland carries bonds on both the positions of City Recorder and Finance Director. These Surety Bonds are in the amount of $50,000 each. It is important to note that in addition to this bond, this position is also covered under Public Officials Liability Insurance in the amount of $5,000,000 per occurrence, with a general aggregate of $15,000,000, through the insurance coverage the City of Ashland has with City County Insurance Services (CIS). Attachments: Copy of the bond for Melissa Huhtala Pagelofl CITY of SH LAIC i TRAVELERS J Travelers Casualty and Surety Company of America Hartford, CT 06183 CONTINUOUS PUBLIC OFFICIAL BOND FOR INDEFINITE TERM BOND N0. KNOW ALL MEN BY THESE PRESENTS, That we Melissa Huhtata of , as Principal, and Travelers Casualty and Surety Company of America , a corporation of cT , as Surety are held and firmly bound unto city ofAshiand in the penal sum pf Fifty Thousand ($so,aoa.oa }Dollars, lawful money of the United States of America, for the payment of which well and truly to be made, said principal binds himself/herself, hislher heirs, executors, administrators and assigns, and said Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents the liability of the Surety, however, being limited to the penal amount above named regardless of the number of years this bond remains in force or the number of premiums paid. SEALED and dated this is day of May 2017 WHEREAS, the said principal has been appointed to the office of City Recorder for an indefinite teml beginning June 12, 2017 and iS required to furnish a bond for the faithful performance of the duties of the said office or position. NOW, THEREFORE THE CONDITION OF THIS OBLIGATION is such that if the above bounden Principal shall (except as hereinafter provided) faithfully perform the duties of hislher said office or position during the time this band remains in force, and shall pay over to the persons authorized by law to receive the same all moneys that may come into hislher hands during the said time without fraud or delay, and at the expiration of said time, shall turn over to his/her successor all records and property which have therefore come into his/her hands, then this obligation to be null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that the above named Surety shall not be liable hereunder for any loss of any public fund resulting from the insolvency of any bank or banks in which said funds are deposited; and, if this provision shall be held void, this entire bond shall be void. AND PROVIDED FURTHER, that any party to this 'instrument may cancel the same at any time, with or without cause, by notifying both of the others by certified mail of an intention thereby to cancel, in which event such cancellation shall be fully effective at the expiration of thirty (30j days from the mailing of such notice. In the absence of such a notice, and if there should be no cancellation by agreement between all of the parties hereto, the bond shall remain continuously in force and effect, in the penal amount above named, as long as the principal holds the said office ar position. WITNESS: Melissa Huhtala ~ Seal Principal Travelers Casualty and Surety Company of America ~ Susan Wilson Attorney-in-Fact s-ZZ3s-~ ~~i~~j Producer Name Required in Arizona Only POWER OF ATTORNEY Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Surety Band Na. ~ Principal: Melissa Huhtala Obligee: City of Ashland 20 E. Main Street ASHLAND, OR 97520 KNOW All MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"),and that the Companies do hereby make, constitute and appoint Susan Wilson, of the City of Medford, State of OR, their true and lawful Attorney(s)-in-Fact, to sign, execute, seal and acknowledge the surety bond referenced above. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 7th day of Juty, 2016. Farmington Casualty Company St. Paul Mercury Insurance Company . Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company aT ~ ~ i t ~t t S ~ 197T 1~1 ~ o ~ s~ aI. ~ sa~aL ~ ` t ~ State of Connecticut ~ < City of Hartford ss. o ert . aney, enior ice rest ent On this the 7th day of July, 2016, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior ice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by s'agning on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. ~ C . ~~~s~. My Commission expires the 30th day of June, 2021. * * * arse . etreau t, otary u K i This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full farce and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Uce President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certifccate of authority may prescribe to sign with the Company's name and seal with the Company's seat bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shad be valid and binding upon the Company when ia} signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b} duly executed (under seal, if required} by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Resistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-fn-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty insurance Company, Fidelity and Guaranty Insurance Underwriters, inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and united States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 18 day of May, 2017. Kevin E. Hughes, Assistant Secretary _ _ ~~c~ 1977 19~i ~ '~~.~si.~ ~a~ ~ ~ t tam r. To verify the aathentichy of this Pawer of Attorney, ca►l i-8ao-42 ~-3880 or contact us at www.travetersbond.com. Please refer to the above-namedindividuals andthe details of the band io which the poweris attached. i ' iness Meetin Council Bus ~ Title: Adoption of Job Description for City Recorder Position From: John Karns Interim City Administrator John.karns@ashland.or.us Summa This item is a request for Council to adopt the proposed job description for the City Recorder position. Actions, Options, or Potential Motions: I move to approve the adoption the proposed job description for the City Recorder position. Staff Recommendation: Staff recommends that the Council approve the proposed job description for the City Recorder position. Resource Requirements: None specific to the adoption of the job description. The cost of the City recorder position is in the current and proposed 2017/19 budget. Policies, Plans and Goals Supported: NIA Background and Additional Information: Currently the position of City Recorder for the City of Ashland does not have a job description other that a brief outline under Article VI, Section 2, of the City Charter that outline reads as follows: 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. Pagelof2 CITY of SHLAN 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 assigned and approved by the Mayor therein. Staff feels that it is in the best interest of the City Recorder's office, as well as those who work with the C"ity Recorder to have a clear understanding of the duties of that position. Up to this point the duties of the positon have, to a large degree, been open to interpretation. Many of the City Recorder's duties have been recently move to the Finance Department. This proposed job description will assist the City Recorder in bringing clarity to the duties, responsibilities, and performance expectations of the position. Attachments: Proposed job description Page2of2 CITY OF SHLAN DRAFT JOB DESCRIPTION CITY O F OVERTIME: Exempt xNon-Exempt JOB TITLE: City Recorder CLASSIFICATION: Confidential DATE: May 23, 2017 PURPOSE OF POSITION: Perform high-level professional administrative support to the Mayor and City Council, City Administrator and other City departments. Oversee public records retention and management for the City. Ensure compliance with applicable laws governing public meetings, retention of official records and documents, and local elections. Responsible for the coordination and appropriate noticing of City Council meetings and standing committee meetings and prepares and distributes agendas and informational packets. Oversee documentation of ordinance and Charter changes; interact with the public and public officials from City and other agencies on public records requests and election inquiries. Performs other related duties as required. SUPERVISORY RESPONSIBILITIES: May directly supervise subordinate administrative/clerical staff if necessary; however, supervision is not a regular function of this position. May also provide training and orientation to Committee and Commissions members, elected officials, and departments regarding records management. ESSENTIAL JOB FUNCTIONS: The duties listed below are only intended as illustrations of the various types of work That maybe performed. The omission of specific statements of duties does not exclude them from the classification if the work is similar, related and/or a logical assignment to the classification. Serve as the ex-officio Clerk of the Council and attend all meetings of the Council; oversees distribution of Council agenda and packets, assists departments with, preparation of packet documentation and reviews agenda for completeness. Works with the City Administrator, Mayor and City Attorney to ensure compliance with public meetings law; drafts, edits and submits council meeting minutes for approval and posting. Attend Council meetings to take minutes of the meetings, conduct roll-call votes; set up and strike the meeting room before and after meetings, run the tape recording machine; and obtain Mayor's signature on ordinances, resolutions and contracts. Keep track of ordinance and resolution numbers; and assign numbers to new ordinances and resolutions. Produce minutes of the meeting, capturing actions and deliberations of the City Council. Function as the City Elections Officer, responsible for process of preparing, overseeing and filing of all pertinent election materials for candidates, measures and required finance/campaign reports in local elections in cooperation with the Jackson County officials responsible for conducting elections; works with candidates and newly elected officials providing election information and proper paperwork. Educate city staff on restrictions on political activity as public employees. Oversee City-wide records management and retention; maintain, coordinate and distribute approved municipal code, ordinances and resolutions to appropriate commissions and staff. Prepare, record and post council approved code, ordinances and resolutions. Perform administrative support functions for City boards and commissions. Ensure that the Ashland Municipal Code (AMC) is updated to reflect ordinance enactments and available electronically. Provide information to the public regarding public records, and review requests for information to determine, in coordination with the City Attorney, legal obligations for release of information under Oregon Public Records Law. City Recorder -DRAFT JOB DESCRIPTION Page 2 Respond appropriately to the public regarding requests for information and provides cost estimates for requests that involve extensive staff research. Prepare, issue and record all cemetery deeds; maintain docket of City liens and prepare lien reports as requested; maintain file of legal notices; keep City Charter available to the public. AUXILIARY JOB FUNCTIONS: Maintain proficiency by attending training, conferences and meetings, and reading professional literature. Maintain work area in a clean and orderly manner and follow all safety rules and procedures established for work areas. PREFERRED MINIMUM QUALIFICATIONS: Education: Associate's degree or two years of post-secondary study in business administration, public administration, English, communications or closely related field, Bachelor's Degree preferred. Experience: Five (5) years of public sector administrativelmunicipal government administrative experience. Desirable Additional Qualifications: Municipal Clerk (CMC) or Master Municipal Clerk (MCC) certification. SPECIAL REQUIREMENTS Possession or the ability to obtain and retain, a valid Oregon driver's license with an insurable driving record by the time of appointment. Notary Public (possession of or ability to obtain within 1 year of appointment) PHYSICAL DEMANDS OF POSITION: The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of Phis classification. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. 1) Mobilit :frequent sitting for long periods of time; occasional bending or squatting. (2) Liftin : frequently up to 10 pounds; occasionally up to 25 pounds. (3) Vision: constant use of overall vision; frequent reading and close-up work; occasional color and depth vision. (4) Dexterit :frequent use of keyboard; frequent repetitive motion; frequent writing; frequent grasping, holding, and reaching. (5) Hearing/Talking: frequent hearing and talking, in person and on the phone. (6) Emotional/Ps cy hologcal: frequent decision-making and concentration; frequent public and/or coworker contact; occasional working alone. WORKING CONDITIONS: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this classification. Reasonable accommodations may be made fo enable individuals with disabilities to perform the essential functions. Work is performed in a typical office environment and is subject to moderate noise. Attendance at meetings outside of the normal work schedule is required. CITY ADMINISTRATOR APPROVAL Date ADMINISTRATION DEPARTMENTIPERSONNEL Tel: 541-552-2110 20 East Main Street Faz: 541-488-5311 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us i Council Business Meetin ~ Title: Proposed Cost of Service Electric Utility Rate Increase From: Mark Holden Director of IT and Electric Utility mark. holden@ashland.or. us Summary: As requested by the Council at the May 2, 2017 Business Meeting, the Electric Utility is bringing forward a modification to the cost of service based Rate Design. At the March 20, 2017 Study Session, the Electric Utility brought forward the cost of service based Rate Design recommendations for electric rate changes. After reviewing the Rate Design, Council requested the Rate Design be brought forward to a Business Meeting for Council consideration. At the May 2, 2017 Council Business Meeting the Council reviewed the Rate Design and asked staff to determine if a more level three-year rate change would be possible and still meet the goals of safety, reliability, and long term financial stability for the Electric Utility. The attached Rate Design and Rate Schedules support a more level three-year rate change. The Rate Design is based on the recently completed Cost of Service and Financial Study (COS). The Rate Design recommends a rate increase per customer class based on the cost to serve that unique customer class. The system average increase is 6.04% but varies by the actual cost to serve the individual customer class. The projected rate increase provides funding for increased BPA (Power and Transmission) costs, Operations (Personnel Services, Materials and Services), and budgeted capital projects anticipated in the approved Electric System 10-Year Planning Study. The last electric rate increase was two years ago in July, 2015. The proposed rate changes are planned to be effective July 1, 2017 and are anticipated by the BN2017-2019 budget. If adopted, the rate increase will raise the typical residential consumer's electric service charges by $3.74 per month. Separately, the Electric Department miscellaneous fees/charges and line extension charges are not increasing for the period beginning July 1, 2017. Actions, Options, or Potential Motions: I move approval of a resolution titled, "A resolution revising rates for electric service pursuant to Ashland Municipal Code Section 14.16.030 and repealing Resolution 2015-13". Staff Recommendation: The staff recommends Council approve the modified Cost of Service based Rate Design increase to be effective July 1, 2017. The recommended rate increase will provide for increased costs and will continue to provide a safe and reliable electric system. Pagelof6 CITY OF SHLAN i Resource Requirements: The proposed revenue decrease from the original Rate Design will reduce the electric fund ending fund balance by one hundred twenty-three thousand dollars and will decrease general fund income by forty-three thousand dollars in the first year of the biennium. With the proposed Rate Design, the impact of the first year is recovered in subsequent years (year two and three). No new additional resources are required as existing resources will be used to implement and manage the recommended rate changes. Policies, Plans and Goals Supported: Administrative Goals Supported: 29. Promote conservation as along-term strategy to protect the environment and public utility needs. 40. Ensure on-going fiscal ability to provide desired and required services at an acceptable level. 51. Develop fee/rate structure that is consistent with adopted master plans and studies. Plans/Studies Supported: Electric System Ten -Year Planning Study (2014) Electric Cost of Service Study and Financial Projection (October, 2016) 2016 Community Livability Report (Citizen Survey): The current survey indicates eighty-six percent of the citizens rate the Electric Utility as either excellent or good. The proposed rate changes allow the Electric Utility to preserve the service levels necessary to keep this favorable rating. Background and Additional Information: The last electric rate increase was on July 1, 2015. The Council has expressed the desire to set rates based on the recently completed Cost of Service and Financial Study (COS). As directed by Council at the October 31, 2016 Study Session, a Rate Design was undertaken based on the results of the COS. The Rate Design was presented and discussed at the March 20, 2017 Council Study Session. The proposed rate changes support the Council's preference for more frequent, measured increases over infrequent, large increases. The proposed rate changes modify the original rate design by reducing the base fee increase for the residential and seasonal residential customer classes. The annual system average changes between the original and proposed Rate Design are presented in the following table. System Average Increase % FY2018 FY2019 FY2020 Original Rate Design (03/14/17) 7.52 4.53 3.22 Proposed Rate Design (05/16/17) 6.04 5.16 3.67 The COS evaluated how the utility's costs are allocated across different customer classes to determine whether those costs are accurately reflected in rates. The COS identified the cost to serve each class of customer and provides a model to ensure these costs are recovered through equitable charge and rate structures (i.e. all classes carry their fair share). The COS recommended a series of rate changes over afive-year period. This Rate Design implements the COS rate model. Page2of6 CITY OF SHLAN The rate increase is driven by the increases in BPA costs, Personnel Services, Materials/Services, and projects identified in the Electric System 10-Year Planning Study. The rate increase is anticipated in the BN 2017-2019 Electric Department budget. The requested rate increase provides funding for the identified cost areas creating the requirement. The cost areas are presented here in summary. BPA • Power: 6.4% - increase in the cost of power purchased by the City • Transmission: 24% -increase in the cost of delivering power to the City Operations • Personnel Services: 9.5% increase total personal services -contractual wages, duty pay, health insurance, PERs contributions • Materials and Services: 2.5% Increase -franchise fees (6.7%), central services Capital Investment (support for Electric System 10-Year Planning Study) • Oak Knoll Substation SCADA Upgrade, fiber optic communication line and hardened fiber communication devices • Oak Knoll design and Mountain Ave Substation purchase study Ending Fund Balance • The ending fund balance is intended for emergencies/catastrophic events and large equipment failures (high cost distribution equipment -large transformers, control equipment). As discussed in the Cost of Service and the Rate Design, the existing ending fund balance represents thirty-five days in operating cash, prudent and industry norms recommend a minimum of seventy days in operating cash. The COS accomplishes the recommended fund balance over afive-year period, the Rate Design implements the COS. • Risks in the next Biennium o BPA: Cost Allocation Recovery Clause (CRAG) -BPA may implement CRAG charges due to lower than planned secondary market power sales (excess power available on market is depressing prices. If BPA has associated costs, the Electric Utility's proportion of the charges are passed through to the utility from BPA. o BPA: Oversupply Management Protocol (OMP) -BPA implements OMP when excess generation is available in BPAs management area. The current high water year means more generation available than needed across the BPA management area. BPA may need to curtail generation resources (primarily wind) to keep their management area in balance (i.e. generation = demand). A curtailment may trigger OMP and OMP associated costs. If BPA has associated costs, the Electric Utility's proportion of the charges are passed through to the utility from BPA. Page 3 of 6 I? Y O F SHLAN i Fiscal Implications Council has indicated to staff a preference for more frequent, measured increases over infrequent, large increases. The increased costs identified above will be met by the rate changes proposed in the table below. A summary of actual and proposed average rate changes for the Electric Department are: Rate Adjustments by FY 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Increase % 0.0 4.0 5.3 5.3 3.6 4.5 0.0 6.04 5.16 4.71 Actual ~ Proposed Alternative solution: Cost Reductions • Reduce BPA costs - BPA costs are tied to usage. However, reducing usage does not displace an equal share of other costs. Fixed costs such as maintenance, materials, and infrastructure are not reduced when usage is lowered. • Reduce operation costs -Requires personnel reduction within a lean organization. Personnel reductions would hinder the operation and maintenance of the system leading to lower system reliability and lower system safety. Cuts to internal charges or technology debt payments would shift costs to other departments. • Reduce capital investment -Capital investment costs are an investment in the safety, reliability and operation of the electric system. Lack of funding for investing in the electric system will create an unfunded backlog of projects needed to safeguard the reliability and operation of the system. A lack. of further investment would weaken the reliability of the system and result in a larger backlog and higher costs in the future. Under investment would eventually lead to the systems inability to serve the electric needs of the City. • Reduce conservation costs -Also reduces the benefits expected from conservation initiatives. Page4of6 CITY OF S H LA~1 i Electric Bill Comparisons Residential comparisons are not always apples to apples. Different utilities design their charges to satisfy the unique needs of the utility's environment. Pacific Power, the only other significant power provider in the Rogue Valley, is an investor owned utility, not a municipality. A comparison of current charges follows. City of Ashland City of Ashland Residential -single family dwelling Pacific Power (Talent, OR) Current with 6.G% increase Average monthly usage =750kwh kwh cost/unit Total kwh cost/unit Total kwh cast/unit Total Total Usage 750 750 750 Basic Charge $ 9.50 $ 9.50 $ 9.62 $ 9.62 $ 10.00 $ 10.00 DeliveryCharge 750 0.04433 33.25 Supply Energy Charge Block 1for32Days 750 0.05599 41.99 500 0.06563 32.82 500 0.07011 35.06 250 0.08073 20.18 250 0.08521 21.30 sub total $ 84.74 62.62 66.36 Public Purpose 3.00°/ 2.54 Energy Conservation Charge 750 0.00367 2.75 Low Income Assistance 0.84 1C Boyle Dam Removal 750 0.00038 0.29 Copco & Iron Gate Dam Removal 750 0.00118 0.89 8PA Columbia River Benefits for 32 Days 750 (0.01039) (7.79) Franchise Fee 1.50°/ 1.27 Electric Utility total 85.53 62.62 66.36 Electric Utility total more/{less) than Pacfic Power hill for same kwh use: $ (22.91) 26.8% less $ (19.17) 22.4% Less City of Ashland Electric Users Tax (General Fund) 15.66 16.59 Electric Utility total plus City Electric UserTax 85.53 78.28 82.95 Electric Utilitytotal plus City Electric UserTax more/(less) than Pacfic Powerbill forsame kwh use: $ (7.25) 8.5% Less $ (2.58) 3.0% Less Note: Data as of February 1,2017 Please note: 1. The typical Ashland residential customer uses about 750 kWh per month at a cost of $62.62. 2. The projected 6.0% residential rate change will increase the cost to $66.36 or $3.74 per month. When including the Electric User Tax (general fund), the typical Ashland residential customer currently pays $7.251ess than a comparable Pacific Power customer. After the rate increase, including the Electric Users Tax, the typical Ashland residential customer will continue to pay $2.58 less than a comparable Pacific Power customer. Assistance Pro rg ams If qualified, the following programs are funded from utility rates and maybe available to City of Ashland utility customers to help pay utility bills. The bulk of the funding for these programs comes from fees and charges collected through utility rates. The programs are: • Senior and Disabled Discount program -helps qualifying customers to pay monthly utility bills. The dollar amount of assistance available to the customer usually rises with the size of the bill. • Low Income Energy Assistance Program • The City provides a HEAT donation program • The City's Conservation Department helps residents by providing services to lower energy use. Page 5 of 6 CITY O F HLAN S Attachments: Resolution for Electric Rates, Cost of Service Design and Rate Design model Electric Rate Tables Document - City of Ashland Rate Design, May 16, 2017 Additional Links: Council Communication - "Discussion of Rate Design", March 20, 2017 Document - City of Ashland Rate Design, March 14, 2017 Council Communication, "Presentation on Electric Cost of Service Study', October ~ 1, 2016 Document -Electric Cost of Service Study and Financial Protection, October, 2016 Page6of6 CITY OF S H LAN i RESOLUTION N0.2017- A RESOLUTION REVISING RATES FOR ELECTRIC SERVICE PURSUANT TO ASHLAND MUNICIPAL CODE SECTION 14.16.030 AND REPEALING RESOLUTION 2015-13 THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The electric rate schedules are increased by the percentages in the following table. These rates for electric service provided by the City of Ashland are effective with usage on or after July 1, 2017, per the attached rate tables. Residential Seasonal Commercial Outdoor Commercial GovtlMuni Govt/Muni Govt Residential Single/ Lighting Three Phase Single Three Large Telecom Phase Phase Service 5.86% 7.80% 7.00% 6.89% 6.00% 8.90% 5.50% 5.49% SECTION 2. Copies of this resolution shall be maintained in the Office of the City Recorder and shall be available for public inspection during regular business hours. SECTION 3. Classification of the fee. The fees specified in Section 1 of this resolution are classified as not subject to the limits of Section 1 lb of Article XI of the Oregon Constitution (Ballot Measure 5). SECTION 4. Resolution 2015-13 is repealed on the date new rates established by this Resolution are effective. SECTION 5. This resolution takes effect upon signing by the Mayor. This resolution was duly PASSED and ADOPTED this day of June, 2017, and takes effect upon signing by the Mayor. Dana Smith, City Recorder Assistant SIGNED and APPROVED this day of June, 2017. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Resolution No.2017- Page 1 of 1 City of Ashland, Oregon RESIDENTIAL SERVICE Applicable: Tosingle-family residential customers when all service is supplied to one point of delivery. Monthly Billing: The Monthly Billing shall be the sum of the Basic and Energy Charges. Basic Cf~~ : ~ 2015 J X17 Per Month $ 9.62 $ 10.00 ~n~r Cher e: Per kWh Jul 2015 Jul 2017 First 500 kWh $ 0.06563 $ 0.07011 500 kWh - 5000 kWh $ 0.08073 $ 0.08521 Over 5000 kWh $ 0.08073 $ 0.12000 Minimum Charge: The monthly minimum charge shall be the Basic Charge. A higher minimum may be required under contract to cover special conditions. Special Conditions: Residential Horsepower load requirements of greater than 3 HP must comply with the City of Ashland's Electric Service Manual. Continuing Service: This schedule is based on continuing service at each service location. Disconnect and reconnect transactions shall not operate to relieve a customer from monthly minimum charges. t City of Ashland, Oregon SEASONAL RESIDENTIAL SERVICE Applicable: This rate is applicable to seasonal residential uses such as owner occupied single-family residential customers providing travelers accommodations, and when all service is supplied atone point of delivery. Monthly Billing: The Monthly Billing shall be the sum of the Basic and Energy Charges. sic Char : Jul 2015 ~ X17 Per Month $ 9.62 $ 10.00 Ener Char e: der kWh ~ Jul 2015 Jul 0'17 First 600 kWh $ 0.07293 $ 0.07927 601 kWh - 5000kWh $ 0.08062 $ 0.08696 Over 5000 kWh $ 0.08062 $ 0.12000 Minimum Charge: The monthly minimum charge shall be the Basic Charge. A higher minimum may be required under contract to cover special conditions. Special Conditions: Residential Horsepower load requirements of greater than 3 HP must comply with the City of Ashland's Electric Service Manual. Continuing Service: This schedule is based on continuing service at each service location. Disconnect and reconnect transactions shall not operate to relieve a customer from monthly minimum charges. i City of Ashland, Oregon COMMERCIAL SERVICE 1 TELECOMMUNICATIONS Page 1 of 3 Applicable: This schedule is applicable to non-residential and multiple-family residential customers whose entire requirements are supplied hereunder, and whose loads have never registered 1,000 kilowatts or mare, more than once in any consecutive 18- month period. Deliveries at more than one point, or more than one voltage and phase classification, will be separately metered and billed. Service for intermittent, partial requirements or highly fluctuating loads, or where service is seasonally disconnected during any one year period will be provided only by special contract for such service. Monthly Billing: The monthly billing shall be the sum of the Basic, Demand (if applicable), Energy, and Reactive Power Charges, plus applicable Metering and Delivery adjustments. Basic Charge: fN~ n S ~1. I ~J~~ l'~ it ~ ~ ~ ';x ~ 4 30 kW or less $ 17.23 $ 18.50 Over 30 kW $ 64.67 $ 64.67 Tyr w t 30 kW or less $ 34.47 $ 37.00 Over 30 kW $ 112.10 $ 112.10 Demand Charge: No charge for the first 15 kW of demand. For all kW in excess of 15 kW Per kW $ 4.11981 $ 4.75000 Energy Charge: Per kWh up to 3,000 kWh $ 0.07804 $ 0.08340 3001- 20000 kWh $ 0.07829 $ 0.08365 over 20,000 kWh $ ~ 0.07866 $ 0.08402 - ~ ~ 1,; ii r ~1,~u1 # ~ Per kWh u to 3,000 kWh $ 0.07145 $ 0.07514 3001- 20,000 kWh $ 0.07193 $ 0.07562 over 20,000 kWh $ 0.07212 $ 0.07581 i City of Ashland, Oregon COMMERCIAL SERVICE /TELECOMMUNICATIONS Page 2 of 3 Minimum Charge: The monthly charge shall be the basic charge. A higher minimum may be required under contract to cover special conditions. Reactive Power Charges: The maximum 30-minute reactive demand for the month in kilovolt-amperes in excess of 25% of the measured kilowatt demand the same month will be billed, in addition to the above charges, at rate shown below per kvar of such excess reactive demand. 'v® ~ ~ Per kvar $ 0.07740 $ 0.08 Demand: Demand shall be the kilowatts shown by, or computed from the readings of the City's demand meter for the 30-minute period of customers greatest use during the month, determined to the nearest kilowatt. Metering & Delivery Voltage Adjustments: The above monthly charges are applicable without adjustment for voltage with delivery and metering are at the City's standard secondary voltage. Metering: For as long as metering voltage is at the City's available primary distribution voltage of 11 kV or greater, the above charges shall be reduced by one and one-half percent (1 1/2 to compensate for losses. Delivery: For as long as delivery voltage is at City's available primary distribution voltage of 11 kV or greater, the total of the above charges will be reduced by 15 Cents per kilowatt of load size used for the determination of the Basic Charge billed in the month. A High Voltage Charge of $46.30 per month will be added where such deliveries are metered at the delivery voltage. When a new delivery is, at the request of the customer, made bymeans ofCity-owned transformers at a voltage other than a locally standard distribution voltage, the above charges for any month will be increased by 15 Cents per kilowatt of load size used for the determination of the Basic Charge billed in the month. The City retains the right to change its line voltage or classification thereof at any time, and after reasonable advance notice to any customer affected by such change, such customer then has the option to take service at the new line voltage or to accept service through transformers to be supplied by City subject to the voltage adjustments above. Contract: The City may require the customer to sign a written contract which shall have a term of not less than one (1) year. ji { V 1{E~ f t 1 City of Ashland, Oregon COMMERCIAL SERVICE 1 TELECOMMUNICATIONS Page 3 of 3 Installation and Maintenance,. The City may contract for the installation and maintenance of electric facilities on the customer's premises. The terms of such service shall be set forth in a contract, the form and terms of which shall be approved by the City Council. Monthly charges a main enance costs a licable to facilities installed to made by the City as reimbursements for ownership, operation nd t pp furnish service under rules of this schedule shall be determined in accordance with the folbwing: f (1) Operating Charge shall be equal to 213 of 1% per month of the installed cost of facilities paid for by the customer. (2) Facilities Charge shall be equal to 1 112 % per month of the installed cost of facilities paid for by the customer. ! a x (3) Transformer Capacity Charge shall be equal to 15 Cents per nameplate kva. Special Conditions: Customers shall not resell electric service received from the City under provisions of this schedule to any person, except by written permission of the City, and where customer meters and bills any of hislher tenants at City's regular rates for the type of service which such tenant may actually receive. 'n Continuing Service: This schedule is based on continuing service at each service location. Disconnect and reconnect transactions shall not operate to relieve a customer from monthly minimum charge. r l ti s k a 5 R i i! F k~ { 4 5 l ft 3 L d f 7 T u h i+ i S Y k 3 e x4 3~ S Y 4 K d i City of Ashland, Oregon GOVERNMENT I MUNICIPAL SERVICE Page 1 of 3 Applicable: This schedule is applicable to governmental customers whose entire requirements are supplied hereunder, and whose loads have never registered 1,000 kilowatts or more, more than once in any consecutive 18-month period. Deliveries at more than one point, or more than one voltage and phase classification, will be separately metered and billed. Monthly billing: The monthly billing shall be the sum of the Basic, Demand (if applicable), Energy, and Reactive Power Charges, plus applicable Metering and Delivery adjustments. Basic Charge: , ; In Pt~'~ e ~ Jul 1 ~ 30 kW or less $ 17.23 $ 18.50 Over 30 kW $ 64.67 $ 64.67 30 kW or less $ 34.47 $ 37.00 Over 30 kW $ 112.10 $ 112.10 Demand Charge: No charge for the first 15 kW of demand For all kW in excess of 15 kW t P ~ ~ x f~i Per kW $ 4.19 $ 4.75 Energy Charge: 5l le 1 ~ Per kWh u to 3,000 kWh $ 0.09437 $ 0.09371 3001- 20,000 kWh $ 0.07077 $ 0.08871 over 20,000 kWh $ 0.06632 $ 0.08871 Three, ~ ~ ~ } . .~u 1~ , t k .,n Per kWh u to 3,000 kWh $ 0.10082 $ 0.10433 3001- 20,000 kWh $ 0.07645 $ 0.07996 over 20,000 kWh $ 0.07166 $ 0.07517 i City ofAshland, Oregon GOVERNMENTAL /MUNICIPAL SERVICE Page 2 of 3 Minimum Charge: The monthly minimum charge shall be the basic charge. A higher minimum maybe required under contract to cover special conditions. Reactive Power Charges: The maximum 30-minute reactive demand for the month in kilovolt-amperes in excess of 25% of the measured kilowatt demand the same month will be billed, in addition to the above charges, at rate shown below per kvar of such excess reactive demand. Reactive Pa~,~Ch ~~1 to Per kvar $ 0.77401 $ 0.81658 Demand: Demands shall be the kilowatts shown by, or computed from the readings of the City's demand meter for the 30-minute period of customer's greatest use during the month, determined to the nearest kilowatt. Metering & Delivery Voltage Adjustments: The above monthly charges are applicable without adjustment for voltage with delivery and metering are at the City's standard secondary voltage. Metering: For as long as metering voltage is at the City's available primary distribution voltage of 11 kV or greater, the above charges shall be reduced by one and one-half percent (1 112 to compensate for losses. Delivery: For as long as delivery voltage is at City's available primary distribution voltage of 11 kV or greater, the total of the above charges will be reduced by 15 Cents per kilowatt of load size used for the determination of the Basic Charge billed in the month. A High Voltage Charge of $43.68 per month will be added where such deliveries are metered at the delivery voltage. When a new delivery is, at the request of the customer, made by means of City-owned transformers at a voltage other than a locally standard distribution voltage, the above charges for any month will be increased by 15 Cents per kilowatt of load size used for the determination of the Basic Charge billed in the month. The City retains the right to change its line voltage or classification thereof at any time, and after reasonable advance notice to any customer affected by such change, such customer then has the option to take service at the new line voltage or to accept service through transformers to be supplied by City subject to the voltage adjustments above. Contract: The City may require the customer to sign a written contract which shall have a term of not less than one (1) year. i x City of Ashland, Qregon K GOVERNMENTAL /MUNICIPAL SERVICE ~ Page 3 of 3 Installation and Maintenance: Y The City may contract for the installation and maintenance of electric facilities on the customer's premises. The terms of such service shall be set forth in a contract, the form and terms of which shall be approved by the City Council. Monthly charges made by the City as reimbursements for ownership, operation and maintenance costs applicable to facilities installed to furnish service under rules of this schedule shall be determined in accordance with the fallowing: (1) Operating Charge shall be equal to 213 of 1% per month of the installed cost of facilities paid far by the customer. i (2) Facilities Charge shall be equal to 1 112 % per month of the installed cost of facilities paid for by the customer, (3} Transformer Capacity Charge shall be equal to 15 Cents per nameplate kva. s S Special Conditions: I i Customers shall not resell electric service received from the City under provisions of this schedule to any person, except by written permission of the City, and where customer meters and bills any of hislher tenants at City's regular rates for the type of s service which such tenant may actually receive. 6 Continuing Service: This schedule is based on continuing service at each service location. Disconnect and reconnect transactions shall not 5 operate to relieve a customer from monthly minimum charges. e s "s I f i i s i s 6 d 1 4 Y d P_ L i 3 's G i 'x i 3 L i C k i c j~f i 1 3 7 t i City of Ashland, Oregon GENERAL SERVICE -GOVERNMENTAL LARGE SERVICE Page 1 of 2 Applicable: This schedule is applicable to electric service loads which have registered a peak demand of 1,000 to 3,000 kilowatts more than once in any consecutive 18-month period. Deliveries at more than one point, or more than one voltage and phase classification, will be separately metered and billed. Service for intermittent, partial requirements, or highly fluctuating loads, or where service is seasonally disconnected during any one-year period will be provided only by special contract for such service. Monthly Billing: The Monthly Billing shall be the sum of the Basic, Demand (if applicable), Energy, and Reactive Power Charges, plus appropriate Metering and Delivery adjustments. s ~ e _ Basic Char e $ 2,639.36 $ 2,639.36 Demand Char a er kW $ 4.91760 $ 6.00000 Ener Char a er kWh $ 0.05766 $ 0.05912 Minimum Charge: The monthly minimum charge shall be the basic charge. A higher minimum charge maybe required by contract. On-Peak Period Billing Demand: The on peak period kilowatts shown by or computed from the readings of City's demand meter for the 30-minute period of customer's greatest use during the month, determined to the nearest kilowatt. Reactive Power Charge: The maximum 30-minute reactive demand for the month inkilovolt-amperes in excess of 25% of the measured kilowatt demand for the same month will be billed, in addition to the above charges, at rate shown below per kvar of such excess reactive demand. ::r ~ ~ ~ 7 Per kvar $ 0,77393 $ 0.81649 Metering: For as long as metering voltage is at the City's available primary distribution voltage of 11 kV or greater, the above charges shall be reduced by (1-1 112%) to compensate for losses. City of Ashland, Oregon GENERAL SERVICE -GOVERNMENTAL LARGE SERVICE Page 2 of 2 Delivery: For as long as delivery voltage is at City's current locally available primary or transmission voltage the total of the above charges will be reduced by the following amount per kilowatt of load size used for the determination of the Basic Charge billed in the month; and where such deliveries are metered at the delivery voltage, the following high voltage charges shall be added. i n r .Y~" ` ~F. urn F,?,r ~ ~ .r Y";' y~ ~ 1~n Prima volts a of 11 kV or rester $ 0.15 $ 0.16 Transmission volts a of 60 kV or rester $ 0.32 $ 0.34 ~ .s 'X ' 1 ~ s, ~ . t;~ ; r s ...y . Prima volts a of 11 kV or rester $ 43.68 $ 46.08 Transmission volts a of 60 kV or rester $ 424.45 $ 447.79 When a new delivery, or an increase in capacity for an existing delivery is, at the request of the customer, made by means of City-owned transformers at a voltage other than a locally standard distribution voltage, the above charges for any month will be increased by 15 cents per kilowatt of load size for the determination of the Basic Charge billed in the month. The City retains the right to change its line voltage or classifications thereof at any time and after reasonable advance notice to any customer affected by such change, such customer then has the option to take service at the new line voltage or to accept service through transformers to be supplied by City subject to the voltage adjustments above. Contract: The City may require the customer to sign a written contract which shall have a term of not less than one (1) year. Installation and Maintenance: The City may contact for the installation and maintenance of electric facilities on the customer's premises. The terms of such service shall be set forth in a contract, the form and terms of which shall be approved by the City Council. Monthly charges _ made by the City shall be approved by the City Council. Monthly charges made by the City as reimbursement for ownership, operation and maintenance costs applicable to facilities installed to furnish service under rules of the Schedule shall be determined in accordance with the following; (1) Operating Charge --shall be equal to 2/3 of 1 % per month of the installed cost of facilities paid for by the customer. (2) Facilities Charge shall be equal to 1 112% per month of the installed cost of the facilities as determined by the City for facilities installed at City's expense. (3) Transformer Capacity Charge shall be equal 15 (cents) per nameplate kva. Special Conditions: Customers shah not resell electric service received from the City under provisions of this schedule to any person, except by written permission of the City, and where customer meters and bills any of his/her tenants at City's regular rates for the type of service which such tenant may actually receive. i City of Ashland, Oregon OUTDOOR AREA LIGHTING SERVICE Monthly Billing: The following rate schedule is no longer available for new residential installations and is for outdoor area lighting service furnished from dusk to dawn by City-owned high pressure sodium luminaries which maybe served by secondary voltage circuits from City's existing overhead distribution system, and mounted on City-owned wood poles and served in accordance with City's specifications as to equipment and facilities, shall be as follows: (1) Net Monthly Rate Per Luminaire: Hi h-Pressure Sodium 5,800 $ 21.69 $ 23.15 Hi h-Pressure Sodium 22,000 $ 31.31 $ 33.40 Hi h-Pressure Sodium 50,000 $ 50.08 $ 53.55 Existing Residential Monthly Billing: ~ ~ ,g ~ s . ~ ~n ~ Hi h-Pressure Sodium 5,800 $ 16.68 $ 17.85 Hi h-Pressure Sodium 22,000 $ 24.09 $ 25.70 Hi h-Pressure Sodium 50,000 $ 38.53 $ 41.20 (2) Pole Charge: A monthly charge of $1.89 per pole shall be made for each additional pole required in excess of the luminaries installed. . e.. ~1 ~ ~ ; i 7 Per Month $ 1.89 $ 2.00 Maintenance: Maintenance will be performed during regular working hours as soon as practicable after customer has notified City of service failure. The City reserves the right to contract for the installation and/or maintenance of lighting service provided hereunder. } Suspension of Service: The customer may request temporary suspension of power far lighting by written notice. During such periods the monthly rate will be reduced by the City's estimated average monthly re-tamping and energy costs for the Luminaire. i Contract: Due to the investment involved and cost of initial installation, the term of the contract shall be by written agreement with the Electric Department, the form of which shall have prior approval by the City Council, and the term of which shall be for not less j than three (3) years. I i i I i City of Ashland Rate Design 5/16/2017 Utility Financial Solutions, LLC 185 Sun Meadow Court Holland, MI USA 49424 (616) 393-9722 Fax (616) 393-9721 Email: mbeauchamp@ufsweb.com Submitted Respectfully by: Mark Beauchamp, CPA, CMA, MBA President, Utility Financial Solutions l~tilih• E'in,lrrial ~71e~ti[x+~. LL4 i City of Ashland Rate Design Table of Contents Page Rate Design Summary 3 Proposed Residential Single-Phase Rates 4 Proposed Seasonal Residential Single Rates 6 Proposed Commercial Single/Telecomm Rates 7 Proposed Outdoor Lighting Rates 8 Proposed Commercial Service Three Phase Rates 9 Proposed Govt/Muni Single Phase Rates 10 Proposed Govt/Muni Three Phase Rates 11 Proposed Governmental Large Service Rates 12 2 i City of Ashland Rate Design Rate Design Summary Projected Projected Projected Projected Revenues Under Revenues Under Revenues Under Revenues Under Proposed Rates Proposed Rates Proposed Rates Change Year Change Change Customer Class Current Rates Year 1 Year 2 Year 3 1 % Year 2 % Year 3 Residential Single-Phase $ 7,410,275 $ 7,844,670 $ 8,329,088 $ 8,721,105 5.86% 6.18% 4.71% Seasonal Residential Single 60,785 65,523 69,196 71,425 7.80% 5.61% 3.22% Commercial Single/Telecomm 1,788,904 1,914,127 1,996,434 2,051,336 7.00% 4.30% 2.75% Outdoor Lighting 19,703 21,061 21,848 22,489 6.89% 3.74% 2.93% Commercial Service Three Phase 3,168,263 3,358,358 3,492,693 3,580,010 6.00% 4.00% 2.50% Govt/Muni Single Phase 222,773 242,597 257,883 267,940 8.90% 6.30% 3.90% Govt/Muni Three Phase 917,686 968,159 1,004,465 1,027,065 5.50% 3.75% 2.25% Governmental Large Service 878,093 926,259 960,993 982,616 5.49% 3.75% 2.25% Totals $ 14,466,481 $ 15,340,754 $ 16,132,599 $ 16,723,986 6.04% 5.16% 3.67% Electric Rate Design 3 of 12 t~S i City of Ashland Rate Design Residential Single-Phase Rates Current Year 1 Year 2 Year 3 Monthly Facilities Charge: All Customers $ 9.62 $ 10.00 $ 12.50 $ 14.00 Energy Charge: Block 1(0 - 500 kWh) $ 0.06563 $ 0.07011 $ 0.07216 $ 0.07456 Block 2 (501- 5,000 kWh) $ 0.08073 $ 0.08521 $ 0.08726 $ 0.08966 Block 3 (Excess) $ 0.08073 $ 0.12000 $ 0.12500 $ 0.12750 Revenue from Rate $ 7,410,275 $ 7,844,670 $ 8,329,088 $ 8,721,105 Change from Previous 5.9% 6.2% 4.7% Change by Monthly kWh Usage 12.0% 10.0% 8.0% `mss: 6.0% 4.0% 2.0% 0.0% 250 500 750 1000 1250 1500 1750 2000 2250 2500 -Year 1 --Year 2 Year 3 Change by Monthly k1Nh Usage $14.00 $12.00 $10.00 $8.00 $6.00 $4.00 $2.00 250 500 750 1000 1250 1500 1750 2000 2250 2500 ---Year 1 -Year 2 Year 3 Electric Rate Design 4 of 12 City of Ashland Rate Design Residential Single-Phase Rate Change Effect by Usage Usage Year 1 Year 2 Year 3 250 5.8% 10.9% 6.9% 500 6.2% 7.8% 5.6% 750 6.0% 6.1% 4.7% 1000 5.9% 5.2 % 4.2 1250 5.8% 4.6% 3.9% 1500 5.8% 4.3% 3.8% 1750 5.7% 4.0% 3.6% 2000 5.7% 3.8% 3.5% 2250 5.7% 3.7% 3.4% 2500 5.7% 3.5% 3.4% Rate Change Effect by Usage Usage Year 1 Year 2 Year 3 250 $ 1.50 $ 3.01 $ 2.10 500 $ 2.62 $ 3.52 $ 2.70 750 $ 3.74 $ 4.03 $ 3.30 1000 $ 4.86 $ 4.54 $ 3.90 1250 $ 5.99 $ 5.05 $ 4.50 1500 $ 7.11 $ 5.57 $ 5.10 1750 $ 8.23 $ 6.08 $ 5.70 2000 $ 9.35 $ 6.59 $ 6.30 2250 $ 10.47 $ 7.10 $ 6.90 2500 $ 11.59 $ 7.61 $ 7.50 Electric Rate Design 5 of 12 .r:,,,~..,;, S i City of Ashland Rate Design Seasonal Residential Single Rates Current Year 1 Year 2 Year 3 Monthly Facilities Charge: All Customers $ 9.62 $ 10.00 $ 12.50 $ 14.00 Energy Charge: Block 1(0 - 600 kWh) $ 0.07293 $ 0.07927 $ 0.08209 $ 0.08381 Block 2 (601- 5,000 kWh) $ 0.08062 $ 0.08696 $ 0.08978 $ 0.09150 Block 3 (Excess) $ 0.08062 $ 0.12000 $ 0.12500 $ 0.12750 Revenue from Rate $ 60,785 $ 65,523 $ 69,196 $ 71,425 Change from Previous 7.8% 5.6% 3.2% Change by Monthly kWh Usage 12.0% 10.0% 8.0% 6.0% 4.0% 2.0% _ 0.0% 250 500 750 1000 1250 1500 1750 2000 2250 2500 --Year 1 Year 2 Year 3 Change by Monthly k1Nh Usage $18.00 $16.00 $14.00 $12.00 $10.00 $8.00 $6.00 $4.00 _ . $2.00 250 500 750 1000 1250 1500 1750 2000 2250 2500 -Year 1 -Year 2 Year 3 Electric Rate Design 6 of 12 ut~uh~~~~i~~~ntK~,~cc i City ofAshland Rate Design Commercial Single/Telecomm Rates Current Year 1 Year 2 Year 3 Monthly Facilities Charge: 30kw or Less/Power Supply $ 17.23 $ 18.50 $ 21.00 $ 23.00 Over 30kW $ 64.67 $ 64.67 $ 64.67 $ 64.67 Energy Charge: Block 1(0 - 3,000 kWh) $ 0.07804 $ 0.08340 $ 0.08550 $ 0.08648 Block 2 (3001- 20,000 kWh) $ 0.07829 $ 0.08365 $ 0.08575 $ 0.08673 Block 3 (Excess) $ 0.07866 $ 0.08402 $ 0.08612 $ 0.08710 Demand Charge Block 1(0 -15 kW) $ - $ - $ - $ - Block 2 (Excess) $ 4.12 $ 4.75 $ 5.50 $ 6.25 Power Cost Adjustment: All Energy $ - $ - $ - $ - Revenuefrom Rate $ 1,788,904 $ 1,914,127 $ 1,996,434 $ 2,051,336 Change from Previous 7.0% 4.3% 2.8% Change by Monthly kWh Usage 9.0% 8.0% 7.0% 6.0% 5.0% 4.0% 3.0% 2.0% 1.0% 0.0% 250 750 1250 1750 2250 2750 3250 3750 4250 4750 ---Year 1 --Year 2 Year 3 Change by Monthly kWh Usage $30.00 $25.00 $20.00 $15.00 .+„'''r $10.00 $5,00 250 750 1250 1750 2250 2750 3250 3750 4250 4750 --Year 1 --Year 2 Year 3 Electric Rate Design 7 of 12 UsOh FxWiYi~l }uMAw, LLl i City of Ashland Rate Design Outdoor Lighting Current Rates Current Year 1 Year 2 Year 3 Monthly Light Charge: Lamp HPS 5800 Non Res $ 21.69 $ 23.15 $ 23.80 $ 24.50 HPS 22000 Non Res $ 31.31 $ 33.40 $ 34.65 $ 35.65 HPS 50000 Non Res $ 50.08 $ 53.55 $ 55.55 $ 57.15 HPS 5800 Res $ 16.68 $ 17.85 $ 18.60 $ 19.15 HPS 22000 Res $ 24.09 $ 25.70 $ 26.50 $ 27.25 HPS 50000 Res $ 38.53 $ 41.20 $ 42.75 $ 44.00 Wood Pole $ 1.89 $ 2.00 $ 2.10 $ 2.15 Revenues from Current Rates $ 19,703 $ 21,061 $ 21,848 $ 22,489 Change from Previous 6.89% 3.74% 2.93% Electric Rate Design 8 of 12 Utility Finanrial S~~luti~ms, LLC City of Ashland Rate Design Commercial Service Three Phase Rates Current Year 1 Year 2 Year 3 Monthly Facilities Charge: 30kw or Less $ 34.47 $ 37.00 $ 40.00 $ 45.00 Over 30kW $ 112.10 $ 112.10 $ 112.10 $ 112.10 Energy Charge: Block 1(0 - 3,000 kWh) $ 0.07145 $ 0.07514 $ 0.07706 $ 0.07754 Block 2 (3001-17,000 kWh) $ 0.07193 $ 0.07562 $ 0.07754 $ 0.07802 Block 3 (Excess) $ 0.07212 $ 0.07581 $ 0.07773 $ 0.07821 Demand Charge Block 1(0 -15 kW) $ - $ - $ - $ - Block 2 (Excess) $ 4.12 $ 4.75 $ 5.50 $ 6.25 Power Cost Adjustment: All Energy $ - $ - $ - $ - Revenuefrom Rate $ 3,168,263 $ 3,358,358 $ 3,492,693 $ 3,580,010 Change from Previous 6.0% 4.0% 2.5% Change by Load Factor - 27.5kW Demand 7.0% 6.0% 5.0% 4.0% 3.0% 2.0% 1.0% 0.0 25% 30% 35% 40% 45% 50% 55% 60% 65% 70% --Year 1 --Year 2 Year 3 Electric Rate Desi n 9 of 12 ~VI'~ IRLiN Find.uil5 L:l' i City of Ashland Rate Design Govt/Muni Single Phase Rates Current Year 1 Year 2 Year 3 Monthly Facilities Charge: 30kw or Less/Power Supply $ 17.23 $ 18.50 $ 21.00 $ 23.00 Over 30kW $ 64.67 $ 64.67 $ 64.67 $ 64.67 Energy Charge: Block 1(0 - 3,000 kWh) $ 0.09437 $ 0.09371 $ 0.09562 $ 0.09538 Block 2 (3001- 20,000 kWh) $ 0.07077 $ 0.08871 $ 0.09562 $ 0.10038 Block 3 (Excess) $ 0.06632 $ 0.08871 $ 0.09562 $ 0.10038 Demand Charge Block 1(0 -15 kW) $ - $ - $ - $ - Block 2 (Excess) $ 4.19 $ 4.75 $ 5.50 $ 6.25 Revenue from Rate $ 222,773 $ 242,597 $ 257,883 $ 267,940 Change from Previous 8.9% 6.3% 3.9% Change by Monthly kWh Usage 12.0 10.0% 8.0% 6.0% 4.0% 2.0% / 0.0% 250 600 950 1300 1650 2000 2350 2700 3050 3400 --Year 1 iYear 2 Year 3 Electric Rate Design 10 of 12 ~Vl'~ I;Nlih Fuxayaiil S+dueua LLC i City of Ashland Rate Design Govt/Muni Three Phase Rates Current Year 1 Year 2 Year 3 Monthly Facilities Charge: 30kw or Less $ 34.47 $ 37.00 $ 40.00 $ 45.00 Over 30kW $ 112.10 $ 112.10 $ 112.10 $ 112.10 Energy Charge: Block 1(0 - 3,000 kWh) $ 0.10082 $ 0.10433 $ 0.10433 $ 0.10433 Block 2 (3001- 20,000 kWh) $ 0.07645 $ 0.07996 $ 0.07996 $ 0.07996 Block 3 (Excess) $ 0.07166 $ 0.07517 $ 0.07803 $ 0.07837 Demand Charge Block 1(0 -15 kW) $ - $ - $ - $ - Block 2 (Excess) $ 4.19 $ 4.75 $ 5.50 $ 6.25 Power Cost Adjustment: All Energy $ - $ - $ - $ - Revenue from Rate $ 917,686 $ 968,159 $ 1,004,465 $ 1,027,065 Change from Previous 5.50% 3.75% 2.25% Change by Load Factor - 27.5kIN Demand 6.0% 5.0% 4.0% 3.0% 1.0% 0.0% 15% 20% 25% 30% 35% 40% 45% 50% 55% 60% ---Year 1 ~--Year 2 Year 3 ' n 11 of 12 ~Vl' 7 Electric Rate Desig L'!~n Fin~nxiil SJucue: L:L' City of Ashland Rate Design Governmental Large Service Rates Current Year 1 Year 2 Year 3 Monthly Facilities Charge: Monthly Charge $ 2,639.36 $ 2,639.36 $ 2,639.36 $ 2,639.36 Energy Charge: All Energy $ 0.05766 $ 0.05912 $ 0.05963 $ 0.05902 Demand Charge All Demand $ 4.92 $ 6.00 $ 7.00 $ 8.00 Power Cost Adjustment: All Energy $ - $ - $ - $ - Revenuefrom Rate $ 878,093 $ 926,259 $ 960,993 $ 982,616 Change from Previous 5.49% 3.75% 2.25% Change by Load Factor s.o% 7.0% 6.0% 5.0% 4.0% 3.0% 2.0% . _ 1.0% 0.0% 30% 35% 40% 45% 50% 55% 60% 65% 70% 75% -Year 1 --Year 2 Year 3 Electric Rate Desi n 12 of 12 ~V!'a g U!iLN Fwniil S.ducma LLl ' M eeti n unc~l Business Co ~ Title: Discussion of process for upcoming Executive Recruitments John Karns Interim City Administrator From: Tina Gray Director of Human Resources iohn.karns a~ashland.or.us tina.Gray a(),ashland.or.us Summa_ , This item is being discussed so staff can get clarity on how to proceed for the upcoming executive management recruitments (Public Works Director, City Administrator, etc.). Some of the questions staff would like answered include: • Should the City adopt a uniform recruitment process for each of the upcoming executive management recruitments or should each recruitment be tailored to the particular vacancy being filled? For example: o Should recruitments for vacancies for which there are plausible internal candidates be managed differently from other recruitments? ■ For example, should recruitments that are limited to internal candidates be conducted in-house by Human Resources staff, as opposed to contracting with an independent recruiting firm? For example, should some recruitments that are likely to include both internal and external candidates be conducted by Human Resources staff, as opposed to contracting with an independent recruiting firm? o Should some recruitments for vacancies for which there are no plausible internal candidates be conducted in-house by Human Resources staff, depending on the nature of the vacancies? • If the upcoming executive management recruitments are to be conducted by an independent recruiting firm, should these recruitments be bundled into one contract with a single recruiting firm in order to minimize costs? Actions, Options, or Potential Motions: NIA Staff Recommendation: Staff is requesting direction on how to proceed. It is felt that inmost cases Administration can make the decision on whether to use an outside recruiter or utilize existing Human Resource staff. When an outside recruiter is utilized there is a preference for a bundling of multiple executive recruitments, due to the cost savings potential. Pagelof2 CITY OF S H LAN Resource Requirements: Based on proposals received for our most recent recruitment for Administrative Services/Finance Director, professional fees for recruitment firms range between $17,500 + expenses to an all- inclusive $30,000 per recruitment. Additionally, brining finalists to Ashland incurs hotel and travel costs as well as panelist lunches and a background check on the finalist selected for hire. Bundling multiple executive recruitments could minimize costs if utilizing a professional recruitment firm. Policies, Plans and Goals Supported: Administrative Governance Goal (staff goals) Provide high quality, effective, and efficient city services and governance in an accessible, collaborative, and fiscally responsible manner. Background and Additional Information: In the past, most of our executive recruitments have had a similar process: • Engage a professional recruitment firm; • The recruiter spends time in Ashland with Council, Community Stakeholders and staff, to develop a profile of the ideal candidate and develop an understanding of the community and position to find the best match; • Recruiter conducts a national search; • City hosts 5-6 semi-finalists for atwo- to three-day selection process to include interviews (utilizing Council members when available), tour of the City and m some cases a candidate reception. The Council may wish to deviate from this process, especially in situations where a qualified internal candidate has been identified through succession planning efforts. The City could handle those recruitments without engaging a recruiter, but still advertise and have an open and competitive recruitment without the expense of a recruitment firm. Using a recruitment firm, however, potentially could yield broader, more diverse applicant pools. Attachments: None Page2of2 CITY OF SHLAN