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Home My WebLink About2023-03-15 Special MeetingnCouncil Business Meeting Agendm ASHLAND CITY COUNCIL BUSINESS MEETING AGENDA Tuesday, March 15, 2023 Council Chambers, 1175 E Main Street View on Channel 9 or Channels 180 and 181 (Charter Communications) or live stream via rvtv.sou.edu select RVTV Prime. HELD HYBRID (In -Person or Zoom Meeting Access) For written public testimony, email public-testimonyaashland.or.us using the subject line: Ashland City Council Public Testimony For public oral testimony, fill out a Speaker Request Form at ash land.or.us/speakerrequest and return to the City Recorder at melissa.huhtala�ashland.or.us 5:00 PM Executive Session The Ashland City Council will hold an Executive Session for the following: 1. To conduct deliberations with persons the City of Ashland has designated to negotiate real property transactions pursuant to ORS 192.660(2) (e). 2. Consultation with the City Attorney on current or likely litigation pursuant to ORS 192.660(2)(h). 6 p.m. Regular Business Meeting* 1. Land Acknowledgement" Ill. PLEDGE OF ALLEGIANCE IV. ROLL CALL V. MAYOR'S/CHAIR OF THE COUNCIL ANNOUNCEMENTS VI. APPROVAL OF MINUTES *** VII. SPECIAL PRESENTATIONS 1. Park and Recreation Commissions - Annual Report and 2023-2025 BN Budgets 2. City Priorities Presentation VI II. CITY MANAGER REPORT IX. PUBLIC FORUM (15 minutes) (Public input or comment from the audience on City business not included on the agenda.) Page lof2 ° m � ��0�� n m��m m��0 Business Meeting Agenda X. CONSENT AGENDA 1. Climate and Environment Policy Committee (CEPAMAppointments 2. Approval ofLiquor License Request for k4urtnUioHand Tossed Pizza )([ PUBLIC HEARINGS (Hearings shall conclude at 8:00 p.m. and be continued to a future date to be set by the Council, unless the Council, by a two-thirds vote of those present, extends the hearing(s) until up to 9:30 p.m. at which time the Council shall set a date for continuance and shall proceed with the balance ufthe ogondo] )(U. UNFINISHED BUSINESS 1. City Council Election to Fill Councilor Vacancies }{U[ NEW BUSINESS 1. Resolution 2023-06 Updating and Consolidating Prior Resolutions Establishing City Council and Management Advisory Committees 2. Resolution 2O23-O5Supplement 2O2l-2O23BNBudget Amendment XI\/ ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Safety Training Contract for Public Works Department 2. Safety Training Contract for Electric Utility Department 3. Resolution 2023-04, Recology Ashland Solid Waste & Recycling Rate Adjustment 4. Ordinance 32l0,Second Reading and Findings - Food Truck Amendments XV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Ad Hoc Committee on Childcare & Early Childhood Development XVi ADJOURNMENT OF BUSINESS MEETING In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Manager's office ot541.488.GOoo(TTYphone number l.8O0.7352Ho0). Notification 7uhours prior tothe meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 4oA Title |). ~ Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [xwCc.04.oao.(o)(a)] °|xmD ACKNOWLEDGEMENT: We acknowledge and honor the aboriginal people on whose ancestral homelands we work — the lkirakutsum Band of the Shasta Nation, as well as the diverse and vibrant Native communities who make their home here today. We honor the first stewards in the Rogue Valley and the lands we love and depend on: Tribes with ancestral lands in and surrounding the geography of the Ashland Watershed include the original past, present and future indigenous inhabitants of the Shasta, Takelma, and Athabaskan people. We also recognize and acknowledge the Shasta village ofx\mokhokho-"Where the Crow Lights" - that innow the Ashland City Plaza. ***Agendas and minutes for City of Ashland Council, Commission and Committee meetings may be found at the City Page 2of2 �� K�� ,��^" ° ASHLAND PARKS 8»��u�m »_^�~�u�xu�uu+�w��u~��u~m »*usPIONEER STREET ~ ^s*mmD,onssuw97szo comm/o/omcm. NsMichael A,Black, mm m�umu Director Jim Bachmano Leslie Eldridge 541m88s340 ^amanapo,l<s"nanrc.org Jim Lewis n"rksim"w",u""a.o""^ Justin Adams TO: City of Ashland Mayor and Council FROM: Michael Black, Director DATE: March 6, 2023 SUBJECT: 2023/2025 Biennium Budget Requirements for APRC ASHLAND PARKS and RECREATION COMMISSION FUNDING BACKGROUND (PARKS '- Article 19, Section 3 of the Charter of the City of Ashland states that: "said Park Commission [ .. ] shall have control and monagement of all park/unds,whether the some is obtained by taxation, donation or otherwise, and shall expend the some judiciously for beautifying and improving the City's porks.' Article 19, Section 3 further states that: "each year, said Commission shall cause ocareful estimate tubemade 4fthe money requiredfor park purposesfor the ensuing year ondfile the some with the City Recorder, whereupon there shall beincluded /nsaid general levy not to(xceedƒbu/and one half (4-1/2)mills onthe dollar to meet such re4uirennents." The Ashland City Charter is still in effect and governs aspects of governance for the City of Ashland and has primacy over all other local laws inthe event ofaninconsistency. Until 1997 when Oregon's Measure 50 was adopted, the Ashland Park Commission received an operating levy of no less than $2.09 per $1,000. This funding was acquired from the assessment of property taxes by the City of Ashland according to Article 19, Section 3 of the City Charter. ' The parks fund is a separate fund from the City of Ashland's General Fund and represents the resources for funding the operations of Ashland Parks and Recreation Commission. APRC has three funds: Parks Fund; Capital Improvement Program Fund; and, Vehicle Fund. It is clearly shown that the Charter of the City of Ashland plainly links the physical requirements to maintain the parks and recreation system (the "System") with the obligation for adequate funding. Since 1908, without exception, the Ashland Park Commission has followed the requirements of Article 19, Section 3 and has created a careful estimate of the fiscal requirements for park purposes for said years. That estimate was submitted to the City in the form of an annual budget. Until fiscal year 20/21, the City Council dedicated the required funds to maintain the System, which was consistently $2.09/$1,000. In FY 20/21 APRC and the City Council agreed upon a temporary reduced parks millage rate of $1.89/$1,000 due to a critical financial crisis affecting the City of Ashland. The City of Ashland has not increased the millage dedicated to APRC for any one fiscal year beyond $1.89/$1,000 since FY 20/21. The reduction in funding over the past four years has had several large-scale impacts on APRC and its ability to maintain the System. Most notably, a major reduction in staffing — prior to the change in funding, APRC had a total FTE count of 39.75. that count has been reduced to 34.75 in the current biennium. BACKGROUND OF FUNDING SOURCES USED BY APRC for OPERATIONS EXPENSES (PARKS FUND) Funding the Ashland Parks and Recreation System requires more than the millage received from the City of Ashland property taxes. In fact, property taxes account for about three-quarters (75%) of the total resources required to fund APRC. Some background on the funding sources and percentages of funding for each source is below: 1. City of Ashland Property Taxes (general fund): 77.69% 2. Food and Beverage Tax (restricted to repair and rehabilitation of parks): 6.46% 3. Recreation Revenue (fees earned from recreation programs): 8.36% 4. Grants and Other Fees for Services (APRC collects fees for services performed for other organizations): 4.70% 5. Carry Forward Balance (APRC may use reserve funds as required to help fund operations): 2.79% Detail of the actual revenue figures can be found below. BIENNIUM 2023/25 EXPENSES and RESOURCE REQUIREMENTS (PARKS FUND) APRC has prepared a balanced budget that the Parks and Recreation Commissioners approved on March 1, 2023. The highlights of that budget can be organized in the following categories: 1. Personnel and Benefits 2. Materials and Services/ Deferred Maintenance/Parks Improvements 3. Central Service Fees N The following is a summary of the expense that make up the 2023/25 Biennial Budget. Full detail can be found onthe attached documents. FY 22 Adpoted Budget FY 23 Adopted Budget FY24 FY25 , . Total BN 24/25 Some narratives for the development of this budget is found below: Personnel and Benefits FY 22 Adpoted Budget , FY 23 Adopted Budget FY24 F�25 Total BN i4j25 The above information breladxetotheconve,sationinthbseukm.o,tailedinh`nnadunbattached tuthis memo. There are very few changes to the Personnel and Benefits portion of the budget. The major change to the budget expenses is wrapped up in the recent City Council approved Management Resolution. That resolution created a plan for increased pay for some categories of employees and scheduled Cost of Living Allowances for three years (2O224Y6;JO23496;and, 2024396).These increases have been built into the proposed budget. APKCisproposing tokeep the staffing level atthe reduced level of35FTEs which is an increase of one - quarter of an FTE (.25) over the previous biennium. As reported earlier, the traditional level of staffing for APR[isabout 39-4UFTEs. APRC is proposing the following personnel changes in the proposed budget: Reductions — these positions are currently vacant and APRC is proposing to unfund and leave them vacant in the coming budget: 1. Executive Analyst/Promotions Coordinator (1.0 FTE) l Senior Services Office Assistant U(.7SFTE) Additions these positions were unfunded in 2020 due to budget cuts. APRC is proposing to fund these positions and fill them inthe coming budget: 1. Parks Superintendent (1DFTE) Materials and Services/Parks Improvements/Capital Outlay FY 22 Adpoted Budget jFY 23Adopted Budget FY24 - FY25'�, I Total BN 24125 '.M&STII ota1 $ 1,659,955',$ 1,677,531 $ 1,705,966 $ 1,747,464 $ 3,453,430 ,Parks Improvements $ 85,000 $ 50,000 $ 40,000 $ 40,000 r$ 80,000 ,Capital Outlay ___ __ $ $ $ 25,000 $ 25,000 P$ 50,000 !'Total M&S and Personnel $ 1,744,955 $ 1,727,531 -$. 1,770,966 $ , ,.1,812,464,.: $ 3,583,430 The above information is relative to the conversation in this section. Detailed information is attached to this memo. Most of the changes in the Materials and Services area of the budget are related to inflation and increased charges for services. This budget pays for small tools, utilities, some professional services, training, equipment rentals and other materials related expenses. Some of the more noteworthy matters in this area are: 1. This area of the budget is 3% higher than the previous biennium's baseline budget. 2. Contracted professional services will increase slightly in the area of promotions. We already use a contract for most of the Recreation Guide creation, but they will be responsible for 100% of the Recreation Guide in the coming budget. 3. A major effort to address deferred maintenance in the upcoming biennium is necessary to protect APRC physical resources. Food and Beverage taxes will be used to address increases in the budget for deferred maintenance (repair and rehab.). Central Service Fees Internal Chg- Central Svc Fee Internal Chg- Insurance Svc Internal Chg- Facility Use Internal Chg- FleetMaint COA Central Service Charges FY 22 Adpoted Budget FY 23 Adopted Budget FY24 FY25 "„ ; Tt $ 884,508 $ 884,506 $ 955,269 $ 955,269 $ $ 123,701 $ _.123,701 $ 127,412 $ 127,412 ®$ $_ $ _ $ $ r$ S 352,817 S 352.817 S 363.402 S 363.402 ®S The above information is relative to the conversation in this section. Detailed information is attached to this memo. 1,910,538 254,824 This area of the budget is where the City of Ashland charges APRC for "central services." These services include Human Resources, Legal, Finance, Payroll, Accounts Payable, Fleet Maintenance, Liability Insurance and other categories. These fees are dictated by the City of Ashland and all City departments pay their portion of the central services fees. We are planning for a 6% increase in this area. As you can see below, between 2021 and 2022 these fees increased 220%. 4 APRC REVENUE REQUIREMENT FOR THE PARKS FUND Tubalance the budget, it's required tohave revenues that equal orexceed the required resources above, The following information is a summary of the revenue projections for the upcoming Biennium: 3116 Proposed Revenue 8,455,887, 7821,57.6 Total Proposed Operating Expenses FY 22 Budketed M3 Eluidgeted ;4';,QAl1P'j4" 4#a$4�` jj�jiMt Simply stated, to maintain the status quo with FTEs at APRC and to provide a similar level of service throughout the System, APRC will need the equivalent of the millage of $2.00/$1,000 of assessed property value. An analysis of the difference in funding levels folloWS:2 1 $1.8q/$1IX}Orepresents atotal yearly sum of$5,938,745 I $2.00/$1,O0Orepresents ototal yearly sum of$6,Z84,]85 a. The difference between sums represented byanoiUaOeof: $I.89and $2.UOis: $345,641 z All references to the sum of taxes represented by a certain millage are based on 2022 Assessed Valuation Data for the City of Ashland available from Jackson County. a. The difference between sums represented by a millage of: $1.89 and $2.09 is: $628,438 The results above coupled with the requirements to funding APRC through the 23/25 Biennium indicate that APRC must request a total millage of $2.00/$1,000 or a total of $345,641 per fiscal year more than the recent four-year precedent of funding APIRC at the equivalent of $1.89/$1,000. ANALYSIS The upcoming biennium will be a financial challenge for the Ashland Parks and Recreation Commission, similar to the previous two biennia. The reduced funding at $2.00/$1,000 from the City's General Fund/Property Tax, requires APRC tmcontinue toleave positions unfunded and make dowith the resources vvehave. If the City Council does not grant APRC its request for funding at the level of $2.00/$1,000 it will be required to reduce staffing to historically low rates. The current FTEcount is 34.75 and the proposed FTE count for the proposed budget is an increase of .25 One of the main themes for the 23/25 Biennium is repair and rehabilitation of park facilities. Fortunately, resources from the Food and Beverage Tax are available tooffset those types ofactivities. This will allow APRC to accomplish these much -needed repairs without increasing the request from the City's General Fund more than the current request. The Ashland City Charter isstill ineffect and governs aspects ofgovernance for the City ofAshland and has primacy over all other local laws in the event of an inconsistency. The proposed budget, as detailed in the attached documents, is a "careful estimate of the money required" for Park and Recreation Purposes. Our budget request is a compromise from $2.09/$1,000which would restore staffing to historic levels and $1.89/$1,000, which would require drastic cuts to personnel. APRC COMMISSIONER ACTION The Ashland Parks and Recreation Commissioners reviewed this budget in their March 1, 2023 meeting and approved the budget asitispresented here. APRC Staff and Board of Commissioners are presenting the attached budget to the City Council as a preface to the upcoming budget process with the Citizen Budget Committee. Per City Charter, the Commissioners are required tofile their budget request with the City ofAshland. This memo and the presentation on March 7, 2023 will satisfy the requirements of the Charter. We recommend that the Budget that this budget be presented to the Citizen Budget Committee for the Resources and Requirements of APRC for the 23/25 Biennium. Council Business Meeting What should our next "Better Together, "steps be? The roundtable participants identified three key next steps the participants could take together that would benefit Ashland's citizens, businesses, and visitors: 1. Establish a Partnership to Build the Ashland Brand - this collaborative partnership is for marketing Ashland for tourism and potentialbusiness relocation opportunities. 2. Establish a Partnership to Establish a University District Activity Center -this initiative isto jointly plan potential future development of a University District that would diversify the City's economic base and support SOU by enhancing Ashland's student life experience. 3. Establish a Partnership for Affordable Childcare & Early Childhood Development -ThispoUnedngeffortks to plan potential advancement of childcare or early childhood development options for Ashland residents. POLICIES, PLANS & GOALS SUPPORTED In the summer 2022, the City Council adopted Vision and Value Statements for the City. The statements are intended to provide direction to the City's strategic planning and service delivery. The Townhall Voting Data and Economic Roundtable Partnerships provide the City Council with important community input that can assist them in formulating and adopting 2023-2025 City priorities. BACKGROUND AND ADDITIONAL INFORMATION FISCAL IMPACTS The results providevo|uab|minputkxCitvCounci|ondtheCitizene8udgetConnrnitteefornmtatnps with the 2O23-2O25Biennial Budget. DISCUSSION QUESTIONS N/A SUGGESTED NEXT STEPS Between March 15th and 21st, consider the attached Townhall Data and Economic Roundtable Partnerships information, with an intent to discuss and formulate potential top priorities for 2023-2825 at the March 211t Council Regular Meeting. REFERENCES & ATTACHMENTS Ashland Vision and Values Statements Tovvnhu||Voting Data Tovvnho||Public Comments Page zof2 ��^��^ nCouncil Business Meeting Agenda Item From City Council Priority Setting - Town Hall Data and Economic Roundtable Partnerships Joseph L. Lessard iger Item Type Requested by Council El Update El Request for Direction El Presentation Z SUMMARY The City Council hosted two recent events, a community Townhall and an Economic Roundtable, toward receiving community input on potential City priorities for the 2023-2025 Biennial Budget. This item ittopresent the findings for the two events in preparation for future City Council consideration of potential City priorities. City Council Townhall - On January 30,2023, City Council held a townhall Gathering and together with the citizens of Ashland worked to identify priorities /objectives for the City for the upcoming 2023-2025 Biennium budget process and the next six years. Small group discussions took place between citizens, staff, and Council. A list of seven PRIORITIES with 32 OBJECTIVES for the City were presented at the meeting and in person voting took place. Citizens were each given l2voting dots ioprioritize their top choices out tnthe 32objectives presented. Voters could spread their voting dots orcluster them on one or more objective. in total we had 293 in person voters, with over 3OOfolks ofall ages inattendance. Simultaneously, online dot voting opened on January 30 and continued through February 3. In total, there were 151 online voters, who were presented with the same 32 objectives and 12 virtual voting dots. The in person and online, voting data has been merged and presented in a tiered format. The tiers highlight votes with the most appeal ioAshland Citizens. in addition, public comment was garnered both in person and online from January 30 to February 3. The comments have been categorized according to the seven priorities and are included in this Council Communication. City Council Economic Roundtable - On March 6, 2023, the City Council hosted a roundtable discussion with elected and appointed officials ofAshland's key economic support institutions, including Porn March State Representative for Southern Jackson County, Dave Dottener-Jackson County Commissioner, Vitro Chang - � � Chair ofthe Ashland School 0mtricL`�GD/,Sonnue|Bogdonove-4SOSuporintendont,RiohLondL-Aeh|andPmrka mndQeoreadonCornrniaa|oner/4PRC\,NohBui|oy-PreaidentofSouthornOregonUnivemity/SOU\,0nnoYuond � Sochto Cord - Board of Trustee MembersMembers/OS.i of the Oregon Shakespeare Festival `/, Dr. Hernoh - Vice President of Medical Affairs and Administrator for Ashland 4aonteCornnnunity Hoopito|,Co\een Padilla - Executive Director of Southern Oregon Regional Economic Development Inc.` / SORED|/\ ,Smndro Slattery cfthe Ashland Chamber of Cornrnmroe and, Katharine Cato - Director ofTravel Ashland. 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LL. _ �. w W Ln E— M +' M v-- — I— y._ E (a 0 C-: (D V) m CL 4-1 C: j 3j u co U Ln GJ E u oZf 40 w 0 c 0 c 0 w c-0 w 4� 4' W In _0 OJ -r- u a) " UO c aj '- 41 E M M OJ m 025 CZ Ca w (u E ai w Ln t, C) I > C: GJ tw u E wbD 0 0" LO " w Ln > -0 " t w u " 0 CL 4-1 V) (U F w 41 C: 0 CL E 11 0 C: .— 4 0 aj c -a c bn co :3 C) CL 4� c 0 C: ca U >- -C CU M 4j 0 - X 4� E 45 E Qj -c 6- (u E M 4.1 E 0" Fn 25 0 0 0 Lu Ln 0 z V) E Z < C1 z t a a > +, O 4- .-; U +- -C 4 O a a •O -a •_ @ N @ a N @ p C5 iC 'N - vd O O_ co O W L + �i @ I@> - Q u O c uo v N .N .- O a= C N 'i'J a tll a t4-1 � Y c c N - N an d @ p ¢ CU .�-� Q N @ +' m p c6 a vv) 4- @ Q cll a a a `'i U a �� a - "@ o a a ° >- = Q � L 40 L Ln N H - - V � O c @ - - @ - b0 0 E a v ° E-E o Q N Q o = w ~ I- N c °' p @ � o o Ln >- C - N '�' �S N `a'- N can O @ ' al L bA Z ZS Ln N qy b1I N 4 - @Ln a a C N p bD w O U > >. 4-- Y U .� > @ @ c @ a @ •vi @ ice+ L 4F L 4-1 @ Q L O +, � c � O -C O +-' LO X a Ln ON C �N aa C Q @ Q a d Ln Q(U In Q Uafla c @a ap Ln �� d @d O N a > N = aAN 4-1> 4-1 4 ap da- � O cO + _aNv4-, Q .NN N C 3 O SS @ Y Q d 4- 41 +-+ d O a O d i = C d @ L @ Nam..-' - (U ;.�, a a L L Q' = Ln @ a a �"� .� +- ui a � Q bA -cu p to E L- .{.. 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POLICIES, PLANS & GOALS SUPPORTED Ashland Municipal Code (AMC) Chapter 2.19. PREVIOUS COUNCIL ACTION N/A BACKGROUND AND ADDITIONAL INFORMATION This is confirmation by the City Council of the Mayor's appointment to the Climate Police Commission. FISCAL IMPACTS N/A STAFF RECOMMENDATION N/A ACTIONS, OPTIONS & POTENTIAL MOTIONS I move to approve the appointment of Keeley Reiners to the Climate Policy Commission with a term expiring April 30,2025. REFERENCES & ATTACHMENTS Attachment 1: Application Page I of I CITY OF ASHLAND CITY • 67k, V, • 4ak Wei 0 IMAK-KI-10 IkVA I Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email melissa.huhtala@ashiand.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name Keeley Reiners; Requesting to serve on: Climate Policy Commission (Commission/Committee) Mailing Address Physical Address Occupation Student 1. Education Background What schools have you attended? What degrees do you hold? Phone: Hom�� Work -N/A Emai Fax Southern Oregon University Currently in my second year of College Majorir Minoring in Outdoor Adventure Leadership and Sociology & Anthropology, A cer1 What additional training or education have you had that would apply to this position? I have taken leave no trace classes. 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? that require you to reach out to people and make sure their concerns are being tal Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? I believe that anyone can get more train not one person knows everything, training is a crutial part of any job and even of y CAI 3. Interests Why are you applying for this position? I love being a voice for others who do no I also want to see how city councils work and the types of processes are involved lastly I want to make sure that the younger generation is being heard in while mak 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? Yes I am, I prefer evening meetinc due to classes. 5. Additional Information How long have you lived in this community?' Since September 2021. Please use the space below to summarize any additional qualifications you have for this position I am super interested in just being involved more throughout the Ashland commur to help make changes for the better and I believe that I can help speak up for wha I also have lots of connections with other students from my involvement on the ca share what the Ashland City Council is working on and also hear there voices on different projects that are happening to get a wider viewpoint. 3/31/2022 Date Signature Council Business Meeting March 15, 2023 Agenda Item Approval of Liquor License Request for Martollis Hand Tossed Pizza From Melissa Huhtala City Recorder Contact Mel issa.huhtala(ja�ash land.or.us; (541) 552-2084 SUMMARY This is a request for approval of a liquor license application for Martollis Hand Tossed Pizza, 38 E. Main, Ashland, OR 97520. POLICIES, PLANS & GOALS SUPPORTED AMC Chapter 6.32 Liquor License Review PREVIOUS COUNCIL ACTION N/A BACKGROUND AND ADDITIONAL INFORMATION This is an application for a Full -On Premises Commercial Liquor License. FISCAL IMPACTS N/A STAFF RECOMMENDATION Staff recommends approval of the liquor license application. The City has determined that the location of this business complies with the City's land use requirements. The applicant has a Business License and has registered as a restaurant. ACTIONS, OPTIONS & POTENTIAL MOTIONS I move to approve the liquor license for Martollis Hand Tossed Pizza. REFERENCES & ATTACHMENTS Attachment 1: Application Page I of I CITY OF ASHLAND OREGON LIQUOR & CANNABIS COMMISSIC)"M 4.0WIC. " �MMxSJ LIQUOR LICENSE APPLICATION Instructions 1. Complete and sign this application. 2. Priorto submitting this application to the OLCC, send the completed application to the local government for the premises address to obtain a recommendation. — If the premises street address is within a city's limits, the local government is the city. — If the premises street address is not within a city's limits, the local government is the county, 3. Collect the application from the local government after the recommendation has been provided, 4. Email the application that contains the local government recommendation to OLCC.LiquorLicenseApplication @Oregon Gov. 5. Do not include any license fees with your application packet (fees will be collected at a later time). When it's time to pay the license fee you must pay the full yearly fee for the current license year (the license fee will not be prorated). if you pay in the last quarter of your license year you must also pay the yearly fee for the next license year. License Request Options - Please see the general definitions of the license request options below: 0 New Outlet: The licensing of a business that does not currently hold an active liquor license. • Change of Ownership: The request to completely change the licensee of record at a licensed business. • Greater Privilege: The request to replace a Limited On -Premises sales license with a Full On -Premises sales license, • Lesser Privilege: The request to replace a Full On -Premises sales license with a Limited On -Premises sales license. • Additional Privilege: The licensee currently holds an active liquor license at the premises and that same licensee would like to request to add an additional different liquor license type at that same premises location. Applicant Identification: Please review OAR 845-006-0301 for the definitions of "applicant" and "licensee" and OAR 845-005-0311 to confirm that all individuals or entities with an ownership interest (other than a waivable ownership interest, per OAR 845-005-0311[6]) in the business have been identified as license applicants on this document. If you have a question about whether an individual or entity needs to be listed as an applicant for the license, discuss this with the OLCC staff person assigned to your application, Premises Address: This is the physical location of the business and where the liquor license will be posted, Applicant Signature(s): Each individual listed in the applicant information box on page 2 (entity or individuals applying for the license) must sign the application. If an applicant listed in the applicant information box on page 2 is an entity (such as a corporation or limited liability company), at least one individual who is authorized to sign for the entity must sign the application, Applicant/Licensee Representative(s): in order to make changes to a license or application or to receive information about a license or application by someone other than the applicant/licensee you must: — Complete the below Authorized Representative area on page 2 as the applicant/licensee and/or — Provide a Power of Attorney document showing the permissions allowable on the behalf of the applicant/licensee with this submission Please note that applicants/licensees are responsible for all information provided on this form, even if an authorized representative or individual with authority signs on behalf of the applicant. For help with this application or any related documents or processes, email olcc.alcohollicensing@oregon,go , LIQUOR LICENSE APPLICATION Page 1 of 4 C-heck the appropriate license request option: El New outlet I F Change of Ownership I El Greater Privilege El Lesser Privilege I 8.Additional Privilege Select the license type you are applying for. More information about all license types is available online, INTERNAL USE ONLY Full On -Premises Local Governing Body: After providing M- Commercial your recommendation, return this DCaterer application to the applicant. D Public Passenger Carrier 00ther Public Location LOCAL GOVERNING BODY USE ONLY • For Profit Private Club • Nonprofit Private Club City/County name: Winery El Primary location Additional locations: 02n'd E13rd 17714th E15th Brewery 0 Primary location Additional locations: 02nd 133rd Brewery -Public House E71 Primary location Additional locations: 02nd 03rd Grower Sales Privilege 171 Primary location Additional locations: E12nd E13rd Distillery El Primary location Additional tasting locations: E12nd E13rd 04th E15th E16th El Limited On -Premises El Off Premises El Warehouse El Wholesale Malt Beverage and Wine Date application received: Optional: Date Stamp 0 Recommend this license be granted El Recommend this license be denied Printed Name Date OLCC Liquor License Application (Rev. 2.1.23) Page 2 of 4 APPLICANT INFORMATION Identify the applicants applying for the license. This is the entity (example: corporation or LI-C) or individual(s) applying for the license. Please add an additional page if more space is needed. Name of entity or individual applicant #1: Name of entity or individual applicant #2: 6 I-0J 4� rA P —(7—zA, C . - Name of entity or individual applicant #3: Name of entity or individual applicant #4: BUSINESS INFORMATION Trade Name of the Business (name customers will see): VlJ � &S�-Cj Premises street address (The physical location of the business and where the liquor license will be posted): Cit Zip Code County: A, &'d<'56V) — Business phone number: Business email: Business mailing address (where we will send any items by mail as described i�rQAR 845-004-006501): Does the business address currently have an OLCC Does the business address currently have an OLCC liquor license? ;K�,Yes El No marijuana license? 1771 Yes F-71 No AUTHORIZED REPRESENTATIVE — A liquor applicant or licensee may give a representative authorization to make changes to the license or application on behalf of the licensee or to receive information about a license or application. I give permission for the below named representative to: 0 Make changes regarding this license/application on my behalf. El Receive information about the status of this application, including information about pending compliance action or communications between OLCC and the licensee/applicant. Representative Name: Phone number: Email: Mailing address: City: State: Zip Code: Please note: liquor license applications are public records, oLCcLiquoruce"se Application (Rev. 2/z3) • "Real property" means the real estate (land) and generally whatever is erected or affixed to the land (for example, the building) at the business address. • "Common area" is a privately owned area where two or more parties (property tenants) have permission to use the area in common. Examples include the walking areas between stores at a shopping center, lobbies, hallways, patios, parking lots, etc. An area's designation as a "common area" is typically identified in the lease or rental agreement, ATTESTATION — OWNERSHIP AND CONTROL OF THE BUSINESS AND PREMISES e Each applicant listed in the "Application Information' section of this form has read and understands OAR 845-005-0311 and attests that: 1. At least one applicant listed in the "Application Information" section of this form has the legal right to occupy and control the real property proposed to be licensed as shown by a property deed, lease, rental agreement, or similar document. 2. No person not listed as an applicant in the "Application Information" section of this form has an ownership interest in the business proposed to be licensed, unless the person qualifies to have that ownership interest waived under OAR 845-005-0311. 3. The licensed premises at the premises street address proposed to be licensed either: a. Does not include any common areas; or b. Does include one or more common areas; however, only the applicant(s) have the exclusive right to engage in alcohol sales and service in the area to be included as part of the licensed premises. In this circumstance, the applicant(s) acknowledges responsibility for ensuring compliance with liquor laws within and in the immediate vicinity of the licensed premises, including in portions of the premises that are situated in "common areas" and that this requirement applies at all times, even when the business is closed. 4. The licensed premises at the premises street address either: a. Has no area on property controlled by a public entity (like a city, county, or state); or b. Has one or more areas on property controlled by a public entity (like a city, county, or state) and the public entity has given at least one of the applicant(s) permission to exercise the privileges of the license in the area. OLCC Liquor License Application (Rev. 2.123) Page 4 of 4 Each applicant listed in the "Application Information" section of this form has read and understands OAR 845-006-0362 and attests that: 1. Upon licensure, each licensee is responsible for the conduct of others on the licensed premises, including In outdoor areas. 2. The licensed premises will be controlled to promote public safety and prevent problems and violations, with particular emphasis on preventing minors from obtaining or consuming alcoholic beverages, preventing over -service of alcoholic beverages, preventing open containers of alcoholic beverages from leaving the licensed premises unless allowed by OLCC rules, and preventing noisy, disorderly, and unlawful activity on the licensed premises. I attest that all answers on all forms and documents, and all information provided to the OLCC as a part of this application, are true and complete, Nrk' Print name Signature Date Atty. Bar Info (if applicable) Print name Signature Date Atty. Bar Info (if applicable) Print name Signature Date Atty. Bar Info (if applicable) Print name Signature Date Atty. Bar Info (if applicable) OLCC Liquor License Application(Rev. 2.1.23) Council Business Meeting Agenda Item City Council Election to fill Councilor Positions #2 and #3 Vacancies From Joseph Lessard City Manager Item Type Requested by Council El Update El Request for Direction 0 Presentation El SUMMARY This agenda item is the City Council election to fill two vacant Councilor positions; Positions No. 2 and 3. The Council nnua1oppoint/o}ect replacements within 68 days ofthe effective dates of the individual resignations (see Article Ui Section 4ofthe City Charter below under Policies, Plans &Goo|a Supported). The sixty-day deadlines for the vacant Councilor positions are as follows: City Council up 'ntrnents/ elections to fill a vacant elected office position is for a term that expires upon election of successor by public vote otthe next biennial election. The elected Councilors will serve terms oafollows: ° Position No. 3 (first vacated position) - This election by the City Council is for an approximate two- year term to complete the current vacancy's regular four-year term of office. The next public vote to fill this position will be during the Nov. 2024 General Election for a full four-year term of office. * Position No. 2 (second vacated position) - This election by the City Council is for an approximate two-year term when it will be up for a public vote during the Nov. 2024 General Election at which time it will be up for an additional two-year term to complete the balance of the current vacancy's regular four-year term of office. The next election to fill this position for a full four-year term ofoffice will bmduring the Nov. 2O28General Election. The City Council adopted the below outlined process for soliciting applicants and conducting the election tofill the two vacant Councilor positions. The process has previously been used bvthe City Lofill other elected officer vacancies. 1. Ashland citizen applications for the vacant positions were due by 5:00 p.m. on February 14, 2023; historically, City Council applications require submittal of letter ofinterest, resume and responses tothe following questions: o What are the biggest issues facing the City? n What is your primary motivation for seeking a vacant Elected Official position/seat? • What Community and City activities have you been involved in recently? o What isthe role ofthe City Councilor? 2. Interviews ofreceived applicants bvCouncilors; 3. CityCounoi|e|ectionotQuaineuok4ee1ing/c\tofiUvoconLCounci|orpositionavvithintheoixty-doyn deadlines. Page lof3 Ida The City received nineteen (19) applications to fill one or either of the vacant City Council positions by the Feb. 14th application deadline. To select finalists for the two vacant positions, the Council will use a small group ranked -choice voting process. This process includes two rounds of voting. In the first round of voting each Councilor will use a ballot to identify their top two candidate preferences from among the nineteen applicants. An applicant that receives a majority of Councilor preference votes in the first round will be declared selected to fill a vacant Councilor position. If the first ballot does not result in a winning candidate for one or both vacant positions, the Council will use a ranked choice ballot to fill vacancies in a second round of voting. In this second round, each Councilor will list on a ballot their order of preferences from among candidates who received votes under the first ballot's voting but were not selected by a majority of the Council. Councilors will indicate their order of preference as 1" for a first preference, "2" for a second preference, and so on through all the remaining candidates. Candidates who receive a majority of first preference votes in the second round (or first or second choice votes if filling two vacancies in the second round) will be declared a selected candidate (or candidates) in the second round. if no candidates receive a majority, then the selection will be made by ordering the second - round candidates by the sum of each candidate's ranking by the four electing Councilors. The selected candidate(s) would have the lowest sum of rankings. In limited circumstances, due to the current sitting Councilor having an even number of Councilors, a tie vote can occur, in which case the tie will be settled by a Mayoral coin toss. Once the two finalists have been selected, they will be formally elect by a City Council motion referencing the individuals and the position for which they are selected (see Suggested Next Steps below). Selected candidates who applied for only one of the two vacant positions will be placed in that position. If the winning candidates applied for both vacant positions, the first selected or highest vote count applicant will be elected to Position No. 3 on the Council (the first Council position vacated); the second selected will be elected to Position No. 2. POLICIES PLANS & GOALS SUPPORTED City Charter Article III - Elective Officers, Section 4 - Vacancies specifies the City Council has sixty (60) days from an effective resignation date to fill a vacated Elected Officer position: Section 4. Vacancies An office shall be deemed vacant upon the incumbent's death; adjudicated incompetence; conviction of a felony; other offense pertaining to his/her office, or unlawful destruction of public records; resignation; recall from office or ceasing to possess the qualifications for the office; or, in the case of the Mayor or Council Member, upon his/her absence from the City for thirty (30) days without the consent of the Council or upon his/her absence from meetings of the Council for sixty (60) days without like consent, and subsequent declaration of the vacancy by a two-thirds affirmative vote of the Council. Page 2 of 3 F � A vacant elective office in the City shall be filled within sixty /60\ days by the Council electing some qualified person to 0| such vacancy. The appointee's term of office shall begin immediately upon appointment and shall continue until a Juccmssor, elected at the next biennial election, takes office for the unexpired term. The Council shall have the power, by two-thirds affirmative vote, to expel any member of the Council for disorderly conduct in Council or inattention to duties. No Council member shall be expelled vvkhOUt notice and a hearing by the Council. BACKGROUND AND ADDITIONAL INFORMATION This item hainresponse 10the following sequence ofCity Council events: � On January 23rd, Mayor Akins resigned from Ashland City Council effective January 27th. � On January 24th, Councilor Moran, Council Position #3, resigned from Ashland City Council effective immediately. * On January 31s', the City Council adopted a process and schedule for electing an individual to fill Council Position No. 3 � On February 7 th , The City Council elected Tonya Graham, Councilor for Position No. 2, to the position ofMayor ofthe City ofAshland. Council also directed that the resulting Council election tofill Councilor Position No. 2would follow the same process mathat set onJanuary 3lstfor Councilor Position No. 3. ^ On February 22nd, The City Council reconsidered the election of Tonya Graham to the position of Mayor to eliminate the conflict of interest in her voting for election on February 22"*. Following the affirmative vote to reconsider, the City Council voted, with Councilor Graham absent, to reelect TonymGraham tothe position pfMayor ofthe City ofAshland. FISCAL IMPACTS N/A DISCUSSION QUESTIONS SUGGESTED NEXT STEPS Once the Council has selected the two finalists from the rank voting process, the following motions will boiO order: ° | move that the City Council elect Onsert name of first selected applicantto fill City Council Position ° |move that the City Council elect to fill City Council Position No. 2. REFERENCES & ATTACHMENTS None Page 3of3 O C O C v O O O o a -o o g o o p cn cn ° ° o as us Co v cn M 2 uy v v o � v a a v 0 cis CU v �J M � _0tB -- -o m Co Mcu o a v cC) a c v a cs v ro v cvi v CL v W: v v v v v: v v v O -a -a 2 2 u -a -o p -o '0 o o O o o O o 0 0 0 � m v as cct c as v , cv ca c� '... O c o o'' o 0 0 0 0 o a o H' ry ry r1f, 9 � 4.4 #. ODFE..� c a Cn L r v c 0 cn `v r r n Co c' O fn `m r r r LO O, c cM c O N C O L v O d d d d d m co m m m N N N N — O N O (6 BALLOT #1 (two (2) votes per Councilor; enter 'T' for each vote) Row Candidates (alphabetical) 4N N�p 0 lop* C Position 0 0 e 0 Requested 014.% O th, Notes 1 Linda (Peterson) Adams 3 2 Craig Anderson 2/3 3 Jim Bachman 2/3 4 Julian William Bell 2/3 5 Kimberly "Kimber" Bishop 2/3 6 Dylan M Bloom 2/3 7 Gerard Boulanger 2/3 8 Mark Brouillard 2/3 9 Sidney Brown 2/3 10 Jeffrey R Dahle 2/3 11 Sharon Dohrmann 2/3 12 Jill Franko 2/3 13 Leslie Gore 2/3 14 Patt (Patricia J) Herdklotz 2 15 Lauren Michiko Lewis 2/3 16 Jon Merripen 2 17 Russell Phillips 2/3 18 Shown W. Saleme 2/3 19 Lyle Scheer 2/3 P-11 I BALLOT #1 (two (2) votes per Councilor; enter' ' for each vote) Row Candidates (alphabetical) lop* lop* 0 Position 0 0 oc, Requested 4" Notes I Linda (Peterson) Adams 3 2 Craig Anderson 2/3 3 Jim Bachman 2/3 4 Julian William Bell 2/3 5 Kimberly "Kimber" Bishop 2/3 6 Dylan M Bloom 2/3 7 Gerard Boulanger 2/3 8 Mark Brouillard 2/3 9 Sidney Brown 2/3 10 Jeffrey R Dahle 2/3 11 Sharon Dohrmann 2/3 12 Jill Franko 2/3 13 Leslie Gore 2/3 14 Patt (Patricia J) Herdklotz 2 15 Lauren Michiko Lewis 2/3 16 Jon Merripen 2 17 Russell Phillips 2/3 18 Shawn W. Saleme 2/3 19 Lyle Scheer 2/3 BALLOT #1 (two (2) votes per Councilor; enter 'T' for each vote) Row Candidates (alphabetical) C lop' 0. lop' Position C1. rb. C 0 0 Requested e QaJ C* 0 Notes 1 Linda (Peterson) Adams 3 2 Craig Anderson 2/3 3 Jim Bachman 2/3 4 Julian William Bell 2/3 5 Kimberly "Kimber" Bishop 2/3 6 Dylan M Bloom 2/3 7 Gerard Boulanger 2/3 8 Mark Brouillard 2/3 9 Sidney Brown 2/3 10 Jeffrey R Dahle 2/3 11 Sharon Dohrmann 2/3 12 Jill Franko 2/3 13 Leslie Gore 2/3 14 Patt (Patricia J) Herdklotz 2 15 Lauren Michiko Lewis 2/3 16 Jon Merripen 2 17 Russell Phillips 2/3 18 Shawn W. Saleme 2/3 19 Lyle Scheer 2/3 BALLOT #1 (two (2) votes per Councilor; enter 'T' for each vote) Row Candidates (alphabetical) 0 Position cce, �q_ 0 xO Requested Notes I Linda (Peterson) Adams 3 2 Craig Anderson 2/3 3 Jim Bachman 2/3 4 Julian William Bell 2/3 5 Kimberly "Kimber" Bishop 2/3 6 Dylan M Bloom 2/3 7 Gerard Boulanger 2/3 8 Mark Brouillard 2/3 9 Sidney Brown 2/3 10 Jeffrey R Dahle 2/3 11 Sharon Dohrmann 2/3 12 Jill Franko 2/3 13 Leslie Gore 2/3 14 Patt (Patricia J) Herdklotz 2 15 Lauren Michiko Lewis 2/3 16 ion Merripen 2 17 Russell Phillips 2/3 18 Shawn W. Saleme 2/3 19 Lyle Scheer 2/3 BALLOT #2 (enter preference ranking for each "Advanced" candidate; enter "i" for first/top choice, "2" second choice, "T' - third, etc.) Row Candidates (alphabetical) Position 0 lop' 0 0 0 011' Requested co Notes I Linda (Peterson) Adams 3 2 Craig Anderson 2/3 3 Jim Bachman 2/3 4 Julian William Bell 2/3 5 Kimberly "Kimber" Bishop 2/3 6 Dylan M Bloom 2/3 7 Gerard Boulanger 2/3 8 Mark Brouillard 2/3 9 Sidney Brown 2/3 10 Jeffrey R Dahle 2/3 11 Sharon Dohrmann 2/3 12 Jill Franko 2/3 13 Leslie Gore 2/3 14 Patt (Patricia J) Herdkiotz 2 15 Lauren Michiko Lewis 2/3 16 Jon Merripen 2 17 Russell Phillips 21/3 18 Shawn W. Saleme 2/3 19 Lyle Scheer 2/3 N/ jl)� Y" L"t, A, cly O'V' BALLOT #2 (enter preference ranking for each "Advanced" candidate; enter "i" for first/top choice, "2" second choice, "T' -third , etc.) Row Candidates (alphabetical) h1 C1. lop* 0 lop* Position C -1. 0 0 rC Requested 1. IV qP `b Notes I Linda (Peterson) Adams 3 2 Craig Anderson 2/3 3 Jim Bachman 2/3 4 Julian William Bell 2/3 5 Kimberly "Kimber" Bishop 2/3 6 Dylan M Bloom 2/3 7 Gerard Boulanger 2/3 8 Mark Brouillard 2/3 9 Sidney Brown 2/3 10 Jeffrey R Dahle 2/3 11 Sharon Dohrmann 2/3 12 Jill Franko 2/3 13 Leslie Gore 2/3 14 Patt (Patricia J) Herdklotz 2 15 Lauren Michiko Lewis 2/3 16 ion Merripen 2 17 Russell Phillips 2/3 18 Shawn W. Saleme 2/3 19 Lyle Scheer 2/3 BALLOT #2 (enter preference ranking for each "Advanced" candidate; enter 'T' for first/top choice, "2" second choice, "T' - third , etc.) Row Candidates (alphabetical) h, 4p*0 Position 0 0 e e Requested 1. IQ Notes I Linda (Peterson) Adams 3 2 Craig Anderson 2/3 3 Jim Bachman 2/3 4 Julian William Bell 2/3 5 Kimberly "Kimber" Bishop 2/3 6 Dylan M Bloom 2/3 7 Gerard Boulanger 2/3 8 Mark Brouillard 2/3 9 Sidney Brown 2/3 10 Jeffrey R Dahle 2/3 11 Sharon Dohrmann 2/3 12 Jill Franko 2/3 13 Leslie Gore 2/3 14 Patt (Patricia J) Herdklotz 2 15 Lauren Michiko Lewis 2/3 16 Jon Merripen 2 17 Russell Phillips 2/3 18 Shawn W. Saleme 2/3 19 Lyle Scheer 2/3 BALLOT #2 (enter preference ranking for each "Advanced" candidate; enter 'T' for first/top choice, "2" second choice, "T' - third , etc.) Row Candidates (alphabetical) 0 Position 0 0 Requested 0 t4. Notes I Linda (Peterson) Adams 3 2 Craig Anderson 2/3 3 Jim Bachman 2/3 4 Julian William Bell 2/3 5 Kimberly "Kimber" Bishop 2/3 6 Dylan M Bloom 2/3 7 Gerard Boulanger 2/3 8 Mark Brouillard 2/3 9 Sidney Brown 2/3 10 Jeffrey R Dahle 2/3 11 Sharon Dohrmann 2/3 12 Jill Franko 2/3 13 Leslie Gore 2/3 14 Patt (Patricia J) Herdklotz 2 15 Lauren Michiko Lewis 2/3 16 Jon Merripen 2 17 Russell Phillips 2/3 18 Shawn W. Saleme 2/3 19 Lyle Scheer 2/3 NLZ" OY I BALLOT #3 (enter preference ranking for each "Advanced" candidate; enter 'T' for first/top choice, "2" second choice, "3" - third, etc.) Row Candidates (alphabetical) 13N co Position ce* e, 0 lop* C ,:1. C 0 0 0 01* Cc L Requested N. ey. rb, Notes I Linda (Peterson) Adams 3 2 Craig Anderson 2/3 3 Jim Bachman 2/3 4 Julian William Bell 2/3 4 5 Kimberly "Kimber" Bishop 2/3 6) Dylan M Bloom 2/3 7 Gerard Boulanger 2/3 8 Mark Brouillard 2/3 9 Sidney Brown 2/3 10 Jeffrey R Dahle 2/3 11) Sharon Dohrmann 2/3 12) Jill Franko 2/3 13 Leslie Gore 2/3 14 Patt (Patricia J) Herdklotz 2 15 Lauren Michiko Lewis 2/3 16 Jon Merripen 2 17 Russell Phillips 2/3 18 Shawn W. Saleme 2/3 19 Lyle Scheer 2/3 BALLOT #3 (enter preference ranking for each "Advanced" candidate; enter 'T' for first/top choice, `2" second choice, "T' -third, etc.) Row Candidates (alphabetical) 0 y. Position 0 0 e "IS C;b* Q Requested 41 Notes I Linda (Peterson) Adams 3 2 Craig Anderson 2/3 3 Jim Bachman 2/3 4 Julian William Bell 2/3 5 Kimberly "Kimber" Bishop 2/3 6 Dylan M Bloom 2/3 7 Gerard Boulanger 2/3 8 Mark Brouillard 2/3 9 Sidney Brown 2/3 10 Jeffrey R Dahle 2/3 11 Sharon Dohrmann 2/3 12 Jill Franko 2/3 13 Leslie Gore 2/3 14 Patt (Patricia J) Herdklotz 2 15 Lauren Michiko Lewis 2/3 16 Jon Merripen 2 17 Russell Phillips 2/3 18 Shawn W. Saleme 2/3 19 Lyle Scheer 2/3 BALLOT #3 (enter preference ranking for each "Advanced" candidate; enter "i" for first/top choice, "2" second choice, "T' -third , etc.) Row Candidates (alphabetical) 61 W 0 lop Position 0 0 e 0 Q rp Q Requested NIS e* N. IdJ, IV IIZP 1b, DVAg-Cl Notes I Linda (Peterson) Adams 3 2 Craig Anderson 2/3 3 Jim Bachman 2/3 4 Julian William Bell 2/3 5 Kimberly "Kimber" Bishop 2/3 6 Dylan M Bloom 2/3 7 Gerard Boulanger 2/3 8 Mark Brouillard 2/3 9 Sidney Brown 2/3 10 Jeffrey R Dahle 2/3 11 Sharon Dohrmann 2/3 12 12 Jill Franko 2/3 13 Leslie Gore 2/3 14 Patt (Patricia J) Herdklotz 2 15 Lauren Michiko Lewis 2/3 16 Jon Merripen 2 17 Russell Phillips 2/3 18 Shawn W. Saleme 2/3 19 Lyle Scheer 2/3 BALLOT #3 (enter preference ranking for each "Advanced" candidate; enter "i" for first/top choice, "2" second choice, "T' - third , etc.) Row Candidates (alphabetical) 4N Cop* Position lop' lop' 0 lop* 0V 0C��* e oc" 1Q cc Requested dti� pc Jo or QaJ 01 1. IV Notes 1 Linda (Peterson) Adams 3 2 Craig Anderson 2/3 3 Jim Bachman 2/3 4 Julian William Bell 2/3 5 Kimberly "Kimber" Bishop 2/3 6 Dylan M Bloom 2/3 7 Gerard Boulanger 2/3 8 Mark Brouillard 2/3 9 Sidney Brown 2/3 10 Jeffrey R Dahle 2/3 11 Sharon Dohrmann 2/3 77 12 Jill Franko 2/3 -.-1 2 13 Leslie Gore 2/3 14 Patt (Patricia J) Herdklotz 2 15 Lauren Michiko Lewis 2/3 16 Jon Merripen 2 17 Russell Phillips 2/3 18 Shawn W. Saleme 2/3 19 Lyle Scheer 2/3 BALLOT #4 (enter preference ranking for each "Advanced" candidate; enter 'T' for first/top choice, "2" second choice, "T' -third , etc.) Row Candidates (alphabetical) h1 0 Position 0 0y* Requested Notes I Linda (Peterson) Adams 3 2 Craig Anderson 2/3 3 Jim Bachman 2/3 4 Julian William Bell 2/3 5 Kimberly "Kimber" Bishop 2/3 6 Dylan M Bloom 2/3 7 Gerard Boulanger 2/3 8 Mark Brouillard 2/3 9 Sidney Brown 2/3 10 Jeffrey R Dahle 2/3 11 Sharon Dohrmann 2/3 � 2) Jill Franko 2/3 13 Leslie Gore 2/3 14 Patt (Patricia J) Herdklotz 2 15 Lauren Michiko Lewis 2/3 16 ion Merripen 2 17 Russell Phillips 2/3 18 Shawn W. Saleme 2/3 19 Lyle Scheer 2/3 M BALLOT #4 (enter preference ranking for each "Advanced" candidate; enter 'T' for first/top choice, "2" second choice, "T' - third , etc.) Row Candidates (alphabetical) 13N Position lop' 0 lop* 0 vRo 0 pc Requested Notes 1 Linda (Peterson) Adams 3 2 Craig Anderson 2/3 3 Jim Bachman 2/3 4 Julian William Bell 2/3 5 Kimberly "Kimber" Bishop 2/3 6 Dylan M Bloom 2/3 7 Gerard Boulanger 2/3 8 Mark Brouillard 2/3 9 Sidney Brown 2/3 10 Jeffrey R Dahle 2/3 11 Sharon Dohrmann 2/3 12 Jill Franko 2/3 13 Leslie Gore 2/3 14 Patt (Patricia J) Herdklotz 2 15 Lauren Michiko Lewis 2/3 16 Jon Merripen 2 17 Russell Phillips 2/3 18 Shawn W. Saleme 2/3 19 Lyle Scheer 2/3 BALLOT #4 (enter preference ranking for each "Advanced" candidate; enter" I "for first/top choice, 'T' second choice, "T' -third, etc.) Row Candidates (alphabetical) ip* 0 lop' Position 0 0 4 0 0 *S% QQ Requested eec Notes 1 Linda (Peterson) Adams 3 2 Craig Anderson 2/3 3 Jim Bachman 2/3 4 Julian William Bell 2/3 5 Kimberly "Kimber" Bishop 2/3 6 Dylan M Bloom 2/3 7 Gerard Boulanger 2/3 8 Mark Brouillard 2/3 9 Sidney Brown 2/3 10 Jeffrey R Dahle 2/3 11 Sharon Dohrmann 2/3 12 Jill Franko 2/3 13 Leslie Gore 2/3 14 Patt (Patricia J) Herdklotz 2 15 Lauren Michiko Lewis 2/3 16 Jon Merripen 2 17 Russell Phillips 2/3 18 Shawn W. Saleme 2/3 19 Lyle Scheer 2/3 BALLOT #4 (enter preference ranking for each "Advanced" candidate; enter "i" for first/top choice, "2" second choice, "T' -third , etc.) Row Candidates (alphabetical) C1. 0 lop* Position 11. 0 No 0 0 Requested 0 e V6 AY, C, Id Notes I Linda (Peterson) Adams 3 2 Craig Anderson 2/3 3 Jim Bachman 2/3 4 Julian William Bell 2/3 5 Kimberly "Kimber" Bishop 2/3 6 Dylan M Bloom 2/3 7 Gerard Boulanger 2/3 8 Mark Brouillard 2/3 9 Sidney Brown 2/3 10 Jeffrey R Dahle 2/3 11 Sharon Dohrmann 2/3 12 Jill Franko, 2/3 13 Leslie Gore 2/3 14 Patt (Patricia J) Hordklotz 2 15 Lauren Michiko Lewis 2/3 16 ion Merripen 2 17 Russell Phillips 2/3 18 Shawn W. Saleme 2/3 19 Lyle Scheer 2/3 BALLOT - Misc. (enter preference ranking for each "Advanced" candidate; enter 'T' for first/top choice, "2" second choice, "3" - third , etc.) Row Candidates (alphabetical) h1 -Op* 1 . 010lop* Position 0C1. 0 C 0 dII* Requested af Notes I Linda (Peterson) Adams 3 2 Craig Anderson 2/3 3 Jim Bachman 2/3 4 Julian William Bell 2/3 5 Kimberly "Kimber" Bishop 2/3 �6 Dylan M Bloom 2/3 7 Gerard Boulanger 2/3 8 Mark Brouillard 2/3 9 Sidney Brown 2/3 10 Jeffrey R Dahle 2/3 11 Sharon Dohrmann 2/3 12 Jill Franko 2/3 13 Leslie Gore 2/3 14 Patt (Patricia J) Herdklotz 2 15 Lauren Michiko Lewis 2/3 16 Jon Merripen 2 17 Russell Phillips 2/3 18 Shawn W. Saleme 2/3 19 Lyle Scheer 2/3 BALLOT - Misc. (enter preference ranking for each "Advanced" candidate; enter "i" for first/top choice, "2" second choice, "3" - third , etc.) Row Candidates (alphabetical) lop* lop' Qq 0 Position e CP* 0 �p Requested N. Iq Notes I Linda (Peterson) Adams 3 2 Craig Anderson 2/3 3 Jim Bachman 2/3 4 Julian William Bell 2/3 5 Kimberly "Kimber" Bishop 2/3 6 Dylan M Bloom 2/3 7 Gerard Boulanger 2/3 8 Mark Brouillard 2/3 9 Sidney Brown 2/3 10 Jeffrey R Dahle 2/3 11 Sharon Dohrmann 2/3 12 Jill Franko, 2/3 13 Leslie Gore 2/3 14 Patt (Patricia J) Herdklotz 2 15 Lauren Michiko Lewis 2/3 16 Jon Merripen 2 17 Russell Phillips 2/3 18 Shawn W. Saleme 2/3 19 Lyle Scheer 2/3 BALLOT - Misc. (enter preference ranking for each "Advanced" candidate; enter 'T' for first/top choice, "2" second choice, "T' - third , etc.) Row Candidates (alphabetical) * , 05. 40 lop* 40 Position 0 0C 0 e 011' Requested SY yo Notes 1 Linda (Peterson) Adams 3 2 Craig Anderson 2/3 3 Jim Bachman 2/3 4 Julian William Bell 2/3 5 Kimberly "Kimber" Bishop 2/3 6 Dylan M Bloom 2/3 7 Gerard Boulanger 2/3 8 Mark Brouillard 2/3 9 Sidney Brown 2/3 10 Jeffrey R Dahle 2/3 11 Sharon Dohrmann 2/3 12 Jill Franko 2/3 13 Leslie Gore 2/3 14 Patt (Patricia J) Herdklotz 2 15 Lauren Michiko Lewis 2/3 16 Jon Merripen 2 17 Russell Phillips 2/3 18 Shawn W. Saleme 2/3 19 Lyle Scheer 2/3 BALLOT - Misc. (enter preference ranking for each "Advanced" candidate; enter 'T' for first/top choice, "2" second choice, "T' -third , etc.) Row Candidates (alphabetical) lop* 0 �5. lop C1. C1. Position 0 0 0 0 I'S Requested Z 41*1 QdJ IV I�p pr Notes I Linda (Peterson) Adams 3 2 Craig Anderson 2/3 3 Jim Bachman 2/3 4 Julian William Bell 2/3 5 Kimberly "Kimber" Bishop 2/3 6 Dylan M Bloom 2/3 7 Gerard Boulanger 2/3 8 Mark Brouillard 2/3 9 Sidney Brown 2/3 10 Jeffrey R Dahle 2/3 11 Sharon Dohrmann 2/3 . . k, 12 Jill Franko 2/3 . .. .................. . . 13 Leslie Gore 2/3 14 Patt (Patricia J) Herdklotz 2 15 Lauren Michiko Lewis 2/3 16 Jon Merripen 2 17 Russell Phillips 2/3 18 Shawn W. Saleme 2/3 19 Lyle Scheer 2/3 nCouncil Business meeting Agenda Item Resolution 2023-06 Updating and Consolidating Prior Resolutions Establishing City Council and Management Ady mittees From Joseph Lessard City Manager Item Type Requested by Council Z Update 1:1 Request for Direction El Presentation El SUMMARY This item updates and consolidates prior City Council resolutions 2022-24 (adopted Sept. 20, 2022) and 2022-32 (adopted Nov. 1, 2022) as follows: 1. Consolidates the prior resolutions to include all City Council established Advisory Committees into one resolution, including: ° Climate and Environment Policy Advisory Committee (CEPAC) p Historic Preservation Advisory Committee /Hpur\ * Housing and Human Services Advisory Committee (HHSAC) m Public Arts Advisory Committee (PA4C) * Social Equity and Rooim| Justice Advisory Committee /SERJ4C\ • Transportation Advisory Committee /TAC\ 0 Forest Lands Advisory Committee (Fmr 2. Adds establishment and responsibilities language for the Forest Lands Advisory Committed incorporated into the Resolution 2022-32 adoption motion by amendment but without complete establishment language. 3. Clarifies that all City staff ex-officio members of City Council Advisory Committees are nonvoting nngrnbe/n plus other minor clarifications. 4. Updates the voting membership nfthe Climate and Environment Policy Advisory Committee /CEPACl from nine /8\Lotwelve /ln\positions. The voting member increase enables the conversion ofthree nonvoting ox-offiriomembers from Southern Oregon University, Ashland School District, and Ashland's solid waste franchisee to voting members. Also, two designated positions for alternate voting members are eliminated. One nonvoting ex-officio position is maintained for the appointed City staff position. (see Section &A of attached Resolutions 2023-06) BACKGROUND AND ADDITIONAL INFORMATION The attached Resolution 2U23-08(nad|inedupdates) includes the provisions ofResolution 2UO2-24and 2UO2-32 with all updates orchanges highlighted in redline legislative format. FISCAL IMPACTS N/4 Page lof2 Vne'sal!"ll C o u n 611 B u s 61 n e s s M e e tin g SUGGESTED NEXT STEPS Motion to adopt Resolution 2023-06: I move to aclopt Resolution 2023-06 consolidating and updating prior resolutions establishing City Council and Management Advisory Committees. REFERENCES & ATTACHMENTS Resolution 2O23-U8/red|inedupdates) Resolution 2023-06 (without redlined update) Page 2of2 WrIll RESOLUTION NO.2023-06 A RESOLUTION UPDATING AND CONSOLIDATING RESOLUTIONS 2022-24 AND 2022-32 ESTABLISHING CITY COUNCIL AND MANAGEMENT ADVISORY COMMITTEES RECITALS: A. Whereas the citizens of Ashland have a strong history of voluntary service to their community, including on advisory bodies to the City of Ashland (City); and B. Whereas Ashland citizens have important practical and technical knowledge on issues and topics important to sustaining the quality of life in the city and on the operational effectiveness of the City of Ashland organization; and C. Whereas the City Council of the City of Ashland has an interest in promoting continued community participation in advising the City Council and City management. est.,b.t;4ng the f it,,.,,ki— Sty„— rl; t d E^ t n d r ilt e lr E<i"l A A-- ;t lT-TD A r1 ll.. zr1 II„ C„ A d' � lLiiiv ii- tt Formatted: Eulleted + Level: 1 + Aligned at: 1.25' + _ , lop rg-�nxaa,T,, y Indentat: 1.5„ D. Whereas on September 20, 2022, the City Council adopted Resolution 2022-24 establishing the following Standing Advisory Committees: ® Climate and Environment Advisory Committee (CEAC) • Historic Preservation Advisory Committee (HPAC) ® Housing and Human Services Advisory Committee (HHSAC) s Public Arts Advisory Committee (PAAC) • Social Equity and Racial Justice Advisory Committee (SERJAC) E. Whereas on November 1, 2022 the City Council adopted Resolution 2022-32 also establishing the following Standing Advisory Connnittees: ® Trasportation Advisory Committee (TAC) Forest Lands Advisory Committee (FLAC) Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Normal, No bullets or numbering 1 E-,— F. Whereas the City Council wishes to update and consolidate theactions included in NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ASHLAND, OREGON, RESOLVES AS FOLLOWS: SECT!ON 1. 4ie 01y Council replaces Resolutions 2022 -22 and 2-022 32) w4h this resolution J updatifig and consolid-Ating Management Advisroy C-o ittees. SECTION 1. The City Council replaces Resolutions 2022-22 and 2022-32 with this resolution updating and consolidating their actions to create City Council Advisory Committees and Management Advisrov Committees. Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font; (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt SECTION 2. Procedure and Guidance for advisory committees to the City Council and City staff include the following: A. Each advisory committee shall seine solely as an advisory body whose actions or recommendations shall not be considered as City policy or the establishing of City policy or as final decisions of the City and are therefore not subject to administrative or judicial appeal. Each advisory committee will provide service that does not conflict with the functioning of City departments or other government agency and shall have no executive or administrative powers or civil rights investigatory or enforcement authority. Attendance at an orientation or training session for standing advisory committee members, when offered, is required before they are permitted to further exercise voting rights at committee meetings. The City Manager will provide at least an annual orientation or training session update to all standing advisory committees and will be responsible for assigning City staff support for the work of the advisory conunittees. Except as otherwise expressly stated, standing advisory committees shall observe policies and meeting and conduct rules consistent with those set forth for commissions and boards in AMC 2. 10, Uniform Policies and Operating Procedures for Advisory Commissions and Boards, including its meeting and attendance, and code of ethics provisions. 2 B. Advisory committee members shall serve as individuals exercising their own best judgement and not as delegates for their respective organization or groups. Committees and their members are not official representatives of the City of Ashland and may not present their committees recommendations or their personal opinions or points of view as representative of the City's policy or operational perspectives. Prior to speaking publicly on behalf of their respective advisory committee, members inust secure the permission of their committee to represent the activities or recommendations of their committee, C. A quorum of each standing advisory committee shall consist of more than one-half ('h) of the total number of its current Council -confirmed voting members, but in no case fewer than three (3) members. Appointed voting and alternative members of a standing advisory committee may not name a substitute or alternate member to attend a meeting of their advisory committee on their behalf. Nonvoting ex-officio members, staff, and liaisons do not count toward the quorum. Appointed voting and alternate members of a standing advisory committee need not be physically present at a meeting if another means of attendance (e.g., telephonic, internet, etc.) has been established by the membership and public meetings law requirements are met. At least a majority of the quorum is necessary to adopt any motion; some motions may require the affirmative vote of at least two-thirds of the members present. A voting or alternative member of a standing advisory committee should provide at least a 48-hour notice to both their committee's chairperson and the City Manager appointed ex-officio -committee staff support member regarding any planned absence from a scheduled meeting of the advisory committee. In the event an unexpected or emergency absence, the member should notify their advisory committee's chairperson, or the appointed staff support individual within a reasonable time in advance of the meeting. If the members in attendance do not constitute a quorum, staff or invitees may make informational presentations provided (1) Notes describing the presentations and discussions are made and posted on the City website; (2) no motion, debate or vote or any other official business other than adjournment takes place; and (3) all topics advertised are automatically added to the agenda for the next regularly scheduled meeting. D. Standing advisory committees may request voluntary testimony but may not compel an individual or organization to appear before it or respond to questions. B. Advisory bodies may consult with other city advisory committees on matters of mutual interest in the course of developing recommendations to bring to the City Council or City Management. It will be the responsibility of advisory committee chairpersons to work or meet informally as needed to coordinate the activities or coordination of matters between their committee and other advisory committees. F. Standing advisory committee members (voting, alternative and non -City staff ex-officio) will be appointed by the Mayor with the consent of the City Council. Council confinned standing advisory committee appointments shall have three (3) year terms. Members of 3 city commissions with corresponding responsibilities as the standing advisory committees will be invited by the City Recorder to confirm their interest in appointment by the Mayor without the necessity of submitting a formal new appointment application. New applicants must submit formal application with the City Recorder for Committee appointment. All regular terms commence with appointment and shall expire on April30 of the third year. In the case that a new committee member is appointed to fill the remainder of a recently vacated voting position, the new member will be eligible for re- appointment at the end of the partial term they are completing. The City Manager will appoint all ex-offieio= City staff support committee members which shall not have a vote on advisory committee matters. The Mayor, with City Council confirmation, will appoint Council liaisons to each of the standing advisory cormmittees. Council liaisons shall be non -voting ex-offieio members of the corresponding committees. G. Standing advisory committees shall be governed by AMC 2.10 — Uniform Policies and Operating Procedures for Advisory Commission and Boards. Council liaisons will be assigned for standing advisory committees per AMC 2.04.100. Standing advisory committees will be reviewed by the City Council approximately every three years as to their assigned responsibilities, level of effectiveness and the need for their continued role and existence. H. In keeping with the diversity, equity, and inclusion goals of the City of Ashland, efforts will be made to ensure that information regarding standing advisory committee vacancies and the application process is readily available and advisory committees are made up of residents that represent the diverse populations within the City. All committees shall assist the City of Ashland in ensuring that city programs related to the charge of the committee are equitable for all community members, including low-income, young people, persons of color, the elderly, and those living with disabilities. Standing advisory committees may have up to two additional non -voting, ex-offieio student/youth members who are of high school or college age (see also Section I below). I. Unless otherwise stipulated below, voting and alternate standing advisory committee members will be comprised of individuals who reside within the City except one (1) member from each advisory committee may be an at -large member living within the City's urban growth boundary. Unless otherwise provided, all nonvoting hex-offieio members are not required to be residents within the City or the urban growth boundary. Voting and alternate members must be over eighteen (1 &) years of age. J. All standing advisory committees serve at the pleasure of the City Council and shall deliver to the Council an annual report on their activities and accomplishments in the preceding year and provide to the Council for its approval the priorities and workplan for the succeeding year. Standing advisory committees are expected to work with and advise the City Management and City Attorney to insure their committee recommendations are aligned with City Council priorities and can be implemented within the City's resources and legal authority. 4 Commissions transitioning under this resolution to become either standing advisory committees, or potentially to MAC status, are requested to complete any current work to develop recommendations for the City Council and advance them for consideration. These recommendations my advance either as a direct final report or presentation to the City Council or may be advance to the corresponding advisory committee or City Manager for reporting to the City Council. K. The City Attorney is directed to return to the City Council in a timely manner with any updates, changes, or deletions to the Ashland Municipal Code to establish the here identified standing advisory committees as replacements for their corresponding city commissions or boards and to establish them as "Regular" advisory bodies per AMC 2.04. SECTION 3. Standing Advisory Committees to the City Council are established and responsible for the purposes indicated in the following: A. Climate and Environment Policy Advisory Committee (CEPAC) A Climate and Environment Advisory Committee (CEAC) is established by the City Council, The CEAC should reflect and represent a wide range of community interests and perspectives. Such interests should include, but not be limited to, climate change and environment, public health, energy efficiency and renewable energy, low and moderate - income households needs, economic development, social equity, and sustainable economic development. The CEAC will consist of up to nine -twelve (l29) voting members optional ex offieio r ^^befs- ^ lad he,.o The CEAC will strive to include at least two (2) voting members who are 35 years old or younger at the time of appointment. T14e fThrecour- of the voting @N effigy, non vo�g member positions are reserved for one (1) representative of the solid waste franchisee for the City; and one (1) representative from Southern Oregon University (SOU) administration/faculty; one (1) representative from the Ashland School District administration/facility. aar' ar^ ri ,..+�. � �rrr appointedThe City Manager will appoint one (1) nonvoting ex-officio member to provide support to the committee. The-rotatingIn addition t designated as alternate members, Alternate memibeFs may be seated to fill the - role and responsibility of a voting member- at a m AG that does net have Hig members in at Foil eall of the meeting, GEAG ineeting, shall be b establishedb nated order at the time of theii- alto alive .-..,1.., The CEAC shall be responsible for assisting the City in the following: 5 i. Making recommendations on strategies, actions and programs related to the implementation and updating of the Climate and Energy Action Plan in furtherance of its climate mitigation and adaption goals and strategies per AMC 9.40, recognizing that the Council may also request advice on other environmental matters from time to time. The issues the Climate and Environmental Policy Advisory Committee shall advise Council on include, but are not limited to: A. Recommendations for the City of Ashland's Climate and Energy Action Plan (CEAP) and any updates to the CEAP. B. Modifications to benchmarks, targets, or actions contained in the climate plan as needed to incorporate the best available science and practices to achieve the City of Ashland's climate -related goals and targets. C. The process for considering amendments and updates to the CEAP. D. Monitoring CEAP implementation progress for the community and for the City operations. E. Ensuring that the CEAP incorporates long-term social, economic, and environmental goals. F. Climate education ii. Recommending CEAP implementation steps or improvements on behalf of the community and for City operations iii. Providing information to staff and the City Council to ensure that benclunarks, targets, or actions develop for, or by the City of Ashland incorporate the best available science and practices to achieve the intended climate or environmental related goals and targets. iv. Providing recommendations to ensure the City of Ashland's climate and environmental planning incorporates long-term social, economic, and environmental goals, including social equity for low-income households, persons of color, the young and elderly, and those with disabilities. V. Educating and advocating for Ashland's environmental goals, including its Community Climate Recovery Goals. B. Forest Land Advisory Committee (FLAG) The Forest Lands Advisory Committee (FLAG) is established and shall consist of Lip to nine (9) voting members, incInding a member of the Ashland Parks Commission, and Lip to eight (8) nonvoting ex-officio members who will participate as needed. The ex- officio, non -voting member positions are reserved for representatives from the USDA Forest Service Ashland Ranger District, the Oregon Department of Forestry, the City's Director of Public Works, Director of Community Development, Fire Chief, Police Chief, and Director of Parks and Recreation Department or their designees. The City Manager will also appoint one (1) nonvoting ex-officio member to provide support to the committee. The FLAC shall be responsible for assisting the City in the following: M i. Supporting the implementation of the Ashland Forest Plan, originally developed and adopted by the City of Ashland in June, 1992, including City adopted updates or revisions. ii. Recommending integrated, interdisciplinary approaches and programs for the development of forest ecoisystem management plans and related activities in the Ashland watershed. iii. Developing a strong community volunteer program to assist in the implementation of the Ashland Forest Plan. iv. Reconnnending forest management practices to the City Council and City staff. V. Helping to ensure that plans integrate forest management needs and concerns of the City and of private land owners in the wildland urban interface. vi. Pro Is programs. B-C. Historic Preservation Advisory Committee (HPAC) An Historic Preservation Advisory Committee (HPAC) is established by the City Council. The HPAC will consist of up to nine (9) voting members, and two nonvoting ex-officio members including the Chairperson of the Planning Commission, and, one (1) representative appointed by the City Manager to provide support to the committee from the City's Conummity Development Department. To qualify the HPAC's as the City of Ashland's Certified Local Government (CLG) Commission, the majority of appointments for voting members of the HPAC, to the extent volunteer members are available in the City, will have direct historic preservation experience or meet the professional qualifications (including archaeology, architectural history, conservation, cultural anthropology, curation, engineering, folklore, historic architecture, historic landscape architecture, historic preservation planning and history) under Oregon State Historic Preservation Office requirements. The HPAC shall be responsible for assisting the City in the following: i-.vii. Recommending to the Planning Commission and the City Council, areas or properties of significant historical value and interest for consideration to be designated historical properties. ii-.viii. Recommending ordinances and other measures designed to protect and foster interest in the improvement of designated historical properties. iii-.ix. Reviewing literature and sources of funding concerning the protection and improvement of designated historic properties. Formatted: Indent: Left; 0.75", Space Before: 0 pt, After: Opt Formatted: Space Before: 0 pt, After: 0 pt Before: 0 pt, After: 0 pt Formatted: Space Before: 0 pt, After: 0 pt Formatted: Space Before: 0 pt, After: 0 pt Formatted- Indent: Left: 0.75", Space Before: 0 pt, After: 0 pt Numbered + Level: 1 + Numbering Style: i 1 rl, ii, , + Start at: 1 + Alignment: Right + Aligned at: 0,25" + indent at. i:v-. x. Advising City staff and the Planning Commission concerning the improvement of designated historic properties in connection with Type 11 and Type III Planning Action involving new construction or alterations to existing historic resources. ,,-xi. Advising applicants and staff upon request on sigh permits, building permits and other projects involving new construction or alterations within Ashland's designated Historic Districts. -vvx J i. Advising the Planning Commission, the Ashland Park Commission, other city advisory commissions, boards and committees, and city departments regarding historic components of government projects under consideration within Ashland's designated Historic Districts. v4i-.xiii. Advising City staff and the Planning Commission on project applications for funding. vi4,xiv. Assisting in promoting public support for the preservation and recognition of Ashland's historic past. i*-.xv. Advising City staff and the Planning Commission on aesthetic standards for historic areas. G7D. Housing and Human Services Advisory Committee (HHSAC) A Housing and Human Services Advisory Committee (HHSAC) is established by the City Council. The mission of the HHSAC is to assess and make recommendations to the City for addressing the continuum of housing and human services needs for the purpose of enhancing community health and well-being. Members will be from a broad spectrum of citizens including individuals with a background in social services, unhoused and marginal income population services, economic and housing development, universal housing design, and elderly and disabled persons needs. The HHSAC will consist of nine (9) voting members, one (1) nonvoting ex-officio liaison from Southern Oregon University (SOU), and one (1) nonvoting ex-officio member appointed by the City Manager to provide housing program support. The HHSAC shall be responsible for assisting the City in the following: i. Assessing the making recommendations on the continuum of housing and human services needs of the community and funding strategies relating to housing and human services. ii, Advising the City Council on programs that assist in addressing the unmet utility, medical, transportation, and food needs of seniors, children and families in Ashland, and other related human services programs. 8 iii. Making recommendations to the City Council on Community Development Block Grant (CDBG), City of Ashland Social Service Grants, and Housing Trust Fund and related allocations. iv. Assisting in identifying federal, state, county, and private funding for implementation of housing and human services programs. V. Fostering public knowledge of and support for official city housing and human services Programs. vi. Enhancing cooperation between the public and private sectors by promoting integrated approaches that provide suitable housing, a healthy living environment, and expanded economic opportunities for low and moderate -income persons. vii. Evaluate, reviewing, and recommending to the Planning Commission and City Council innovative land use strategies targeted to promote a broad variety of needed housing types. viii. Monitoring housing discrimination complaints and corrective actions within the City, and advising the City Council on potential measures to be taken to further equal opportunity to all persons to live in suitable housing facilities regardless of race, color, religion, sexual orientation, gender identity, national origin, source of income, or familial status. D-.E. Public Arts Advisory Committee (PAAC) A Public Arts Advisory Committee (PAAC) is established by the City Council. The mission of the PAAC is to enhance the cultural and aesthetic quality of life in Ashland by actively supporting the placement of public art in public spaces and serving to preserve and develop public access to the arts. The continued vitality of the arts in the City of Ashland is a vital part of the future of the City as well as of its citizens. The arts are an important part of the cultural and economic life of the entire community of Ashland and enrich the participants in the arts as well as those who observe them. The PAAC will consist of nine (9) voting members of which six (6) voting members will be from a broad spectrum of citizens including artists and those with a background in the arts, arts organizations, education, structural and landscape architecture. Up to three (3) of these six (6) voting members of the PACC may reside outside the City limits. The three (3) remaining voting members of the PAAC will be citizens at -large and residents of the City. The City Manager may also appoint two (2) non -voting ex-officio members to the PAAC, one (1) of which will be from the City's Public Works Department, to provide support to the committee. The PAAC shall adhere to and fill the role of the Public Art Commission as it may be designated in AMC 2.29 — Public Art. The PAAC shall also be responsible for assisting the City in the following: 9 i. Providing advice to ensure the arts continue to be of value as an integral part of Ashland. ii. Assisting in promoting the arts in Ashland to enrich the lives of its citizens through education and demonstration. iii. Advising the City Council and City management on standards and guidelines for selecting, commissioning, placing, maintaining, and removing public art. iv. Advising the City of Ashland on how best to assist local organizations that provide local leadership on arts related matters to make the arts a more important part of community life. V. Assisting the City council, the Ashland Parks Commission, Historic Preservation Advisory Committee, and the Planning Commission in using public art to enhance existing development in public parks and other public lands and in public structures. vi. Advising the Planning Commission, the Ashland Parks Commission, other city advisory commission and committees, and city departments regarding artistic components of all municipal government projects under consideration by the City. The PAAC may also serve as a resource for assessing the artistic components of land use developments. vii. Advising the City Council on policies and programs to enhance and encourage the planning, placement, and maintenance of public displays of art in locations open to the public within the corn munity. viii. Encouraging connections with other local, regional, and national organizations working for the benefit of art and preservation of artistic values. ix. Recognizing and encourage groups and organizations that enrich Ashland life by bringing cultural and artistic values and artifacts to the City. X. Assist in the pursuit of gifts and grants for support of arts programs and activities and the procurement of public art. &F. Transportation Advisory Committee (TAC) A Transportation Advisory Committee (TAC) is established by the City Council. The TAC shall provide advice and guidance to the City Council, other Standing Advisory Committees, and City departments on transportation matters. The TAC will consist of up to nine (9) voting members and ten (10) ex-officio members who will participate as needed. Voting members will all be members of the community at large and will represent a balance of interest in all modes of transportation. The ex- 10 officio, non -voting member positions are reserved for four (4) representatives from the City's Community Development, Police, Fire and Rescue Departments, and Parks and Recreation Departments; one (1) representative from Southern Oregon University (SOU) administration/faculty; one (1) representative from the Ashland School District administration/facility; one (1) representative from the Oregon Transportation Department; one (1) representative from the Rogue Valley Transportation District; one (1) representative from the Jackson County Roads Department; and, the City's Director of Public Works (1), or their designee, to provide support to the committee. The TAC shall assist the City in by reviewing and advising on issues or topics as they relate to all modes of transportation, including the following: i. Transportation safety policies and programs ii. Long range transportation plans and ancillary transportation plans (sidewalk and safe routes to school, transit, traffic, parking, etc.); iii. Type III Planning Actions during the pre -application process; iv. The transportation section of the City's Capital Improvements Program (CIP); V. Multi -modal transportation issues; and vi. Traffic implementation designs. The Committee may also advocate to promote all modes of transportation to ensure that modal equity is a reality in Ashland. The TAC may assign subcommittees to focus on specific transportation topics of concern and report their information to the full TAC for final review and recommendations. Subcommittees will be established for a specified purpose and duration and will consist of at least three voting members appointed by the TAC. The TAC Chair and Director of Public Works shall determine what matters warrant subconimittee involvement, and meetings shall be convened on an as -needed basis. I— G . Social Equity and Racial Justice Advisory Committee (SERJAC) A Social Equity and Racial Justice Advisory Committee (SERJAC) is established by the City Council. The SERJAC will consist of nine (9) voting members and one (1) nonvoting ex-officio member designated by the City Manager to provide support to the committee. Voting members will include members from a broad spectrum of community interests and perspectives, specifically including individuals with backgrounds in race and social equity work and a representative cross section of historically marginalized or underrepresented groups, such as Black, Aboriginal peoples, people of color, LGBTQ+, the elderly and disabled persons. The SERJAC shall be responsible for assisting the City in the following: i. Encouraging understanding and celebration of the diversity of the City's population and visitors and promote amicable intergroup relations within the City. ii. Recommending policies, measures, and practices to bring about social and racial equity and a greater inclusion for all who live, work, or visit in the City, including counter measures to systematic racism, homophobia, sexism, classism, and other racial and social inequities impacting Black, Indigenous, people of color, LGBTQ+, and disabled persons, as well as other marginalized persons in the Ashland community. iii. Recommending efforts to increase economic opportunities for Black, Indigenous, people of color, LGBTQ+, and disabled persons, as well as other marginalized persons in the Ashland community. iv. Advising on diversity, equity, and inclusion (DEI) and human rights training for the City of Ashland's staff, commissions/boards, other advisory committees, and the City Council. V. To seek, at least every two (2) years, a broad spectrum of input from community members on emerging issues and needs of the Ashland community as they relate to diversity, equity, inclusion, human rights, and intergroup relations. SECTION 4. Manal4ement Advisory Committees (MAC) may be established to serve at the request of the City Manager or Department Heads to provide technical advice, and community support and input that can assist in preparing recommendations to enhance City operations or program implementation or for City Council consideration. MACS are generally intended to be project or program specific but can meet as often and as long as necessary to meet their requested role or functions. Some MACS may meet only occasionally when requested, while others may meet regularly or semi -regularly over extended periods of time per the role assignment or needed term for their assistance. Membership on MACS will be established based on the type of advice sought and availability of potential qualified participants, urgency of issue or program being addressed, timeframe for the cornrnittee's role/participation, availability of City staff support resources, and/or other circumstances or considerations affecting the ability for effective MAC role participation. The rules of procedure, if necessary, for each MAC will also be established by the City Manager or appointing Department Director at the time of the corresponding MAC's establishment. The City Council may refer issues or tasks to consideration by a MAC by vote of the City Council request to the City Manager. MACS may include project or program topics related, but not limited to the following: • Airport Operations • City Band • System Development Charges • Transportation • Trees and Urban Forest • Wildfire Safety 12 SECTION 5. This resolution is effective upon adoption. ADOPTED by the City Council. this day of SIGNED and APPROVED this Reviewed as to form: Doug McGeary, Interim City Attorney ATTEST: Melissa Huhtala, City Recorder day of 2022. Tonya Graham, Mayor 2023. 13 A RESOLUTION UPDATING AND CONSOLIDATING RESOLtUT10-ILS-N22-24 A 11D 2022-32 ESTABLISHING CITY COUNCIL AND NIANAGEMENT ADVISORY COMNUTTEES A. Whereas the citizens of Ashland have a strong history of voluntary service to their community, including on advisory bodies to the City of Ashland (City); and B. Whereas Ashland citizens have important practical and technical knowledge on issues and topics important to sustaining the quality of life in the city and on the operational effectiveness of the City of Ashland organization; and C. Whereas the City Council of the City of Ashland has an interest in promoting continued community participation in advising the City Council and City management. D. Whereas on September 20, 2022, the City Council adopted Resolution 2022-24 establishing the following Standing Advisory Committees: 0 Climate and Environment Advisory Committee (CEAC) • Historic Preservation Advisory Committee (HPAQ • Housing and Human Services Advisory Committee (HHSAC) • Public Arts Advisory Committee (PAAC) • Social Equity and Racial Justice Advisory Committee (SERJAC) E. Whereas on November 1, 2022 the City Council adopted Resolution 2022-32 also establishing the following Standing Advisory Committees: • Trasportation Advisory Committee (TAC) • Forest Lands Advisory Committee (FLAC) F. Whereas the City Council wishes to update and consolidate the actions included in Resolutions 2022-24 and 2022-32 establishing Standing Advisory Committees. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ASKLATID, OREGO1, RESOLVES AS FOLLOWS: SECTION 1. The City Council replaces Resolutions 2022-22 and 2022-32 with this resolution updating and consolidating their actions to create City Council Advisory Committees and Management Advisroy Committees. SECTION 2. Procedure and Guidance for advisory committees to the City Council and City staff include the following: A. Each advisory committee shall serve solely as an advisory body whose actions or recommendations shall not be considered as City policy or the establishing of City policy or as final decisions of the City and are therefore not subject to administrative or judicial appeal. Each advisory committee will provide service that does not conflict with the functioning of City departments or other government agency and shall have no executive or administrative powers or civil rights investigatory or enforcement authority. Attendance at an orientation or training session for standing advisory committee members, when offered, is required before they are permitted to further exercise voting rights at committee meetings. The City Manager will provide at least an annual orientation or training session -update to all standing advisory committees and will be responsible for assigning City staff support for the work of the advisory committees. Except as otherwise expressly stated, standing advisory committees shall observe policies and meeting and conduct rules consistent with those set forth for commissions and boards in AMC 2. 10, Uniform Policies and Operating Procedures for Advisory Commissions and Boards, including its meeting and attendance, and code of ethics provisions. B. Advisory committee members shall serve as individuals exercising their own best judgement and not as delegates for their respective organization or groups. Committees and their members are not official representatives of the City of Ashland and may not present their committees recommendations or their personal opinions or points of view as representative of the City's policy or operational perspectives. Prior to speaking publicly on behalf of their respective advisory committee, members must secure the permission of their committee to represent the activities or recommendations of their committee. C. A quorum of each standing advisory committee shall consist of more than one-half (/2) of the total number of its current Council -confirmed voting members, but in no case fewer than three (3) members. Appointed voting and alternative members of a standing advisory committee may not name a substitute or alternate member to attend a meeting of their advisory committee on their behalf. Nonvoting ex-officio members, staff, and liaisons do not count toward the quorum. Appointed voting and alternate members of a standing advisory committee need not be physically present at a meeting if another means of attendance (e.g., telephonic, internet, etc.) has been established by the membership and public meetings law requirements are met. At least a majority of the quorum is necessary to adopt any motion; some motions may require the affirmative vote of at least two-thirds of the members present. A voting or alternative member of a standing advisory committee should provide at least a 48-hour notice to both their committee's chairperson and the City Manager appointed ex-officio committee staff support member regarding any planned absence from a scheduled meeting of the advisory committee. In the event an unexpected or emergency absence, the member should notify their advisory committee's chairperson, or the appointed staff support individual within a reasonable time in advance of the meeting. If the members in attendance do not constitute a quorum, staff or invitees may make informational presentations provided (1) Notes describing the presentations and discussions are made and posted on the City website; (2) no motion, debate or vote or any other official business other than adjournment takes place; and (3) all topics advertised are automatically added to the agenda for the next regularly scheduled meeting. D. Standing advisory committees may request voluntary testimony but may not compel an individual or organization to appear before it or respond to questions. E. Advisory bodies may consult with other city advisory committees on matters of mutual interest in the course of developing recommendations to bring to the City Council or City Management. It will be the responsibility of advisory committee chairpersons to work or meet informally as needed to coordinate the activities or coordination of matters between their committee and other advisory committees. F. Standing advisory committee members (voting, alternative and non -City staff ex-officio) will be appointed by the Mayor with the consent of the City Council. Council confirmed standing advisory committee appointments shall have three (3) year terms. Members of city commissions with corresponding responsibilities as the standing advisory committees will be invited by the City Recorder to confirm their interest in appointment by the Mayor without the necessity of submitting a forinal new appointment application. New applicants must submit formal application with the City Recorder for Committee appointment. All regular terms commence with appointment and shall expire on April 30 of the third year. In the case that a new committee member is appointed to fill the remainder of a recently vacated voting position, the new member will be eligible for re- appointment at the end of the partial term they are completing. The City Manager will appoint all ex-officio City staff support committee members which shall not have a vote on advisory committee matters. The Mayor, with City Council confirmation, will appoint Council liaisons to each of the standing advisory committees. Council liaisons shall be non -voting ex-officio members of the corresponding committees. G. Standing advisory committees shall be governed by AMC 2.10 — Uniform Policies and Operating Procedures for Advisory Commission and Boards. Council liaisons will be assigned for standing advisory committees per AMC 2.04.100. Standing advisory committees will be reviewed by the City Council approximately every three years as to their assigned responsibilities, level of effectiveness and the need for their continued role and existence. H. In keeping with the diversity, equity, and inclusion goals of the City of Ashland,* efforts will be made to ensure that information regarding standing advisory committee vacancies and the application process is readily available and advisory committees are made up of 3 residents that represent the diverse populations within the City. All committees shall assist the City of Ashland in ensuring that city programs related to the charge of the committee are equitable for all community members, including low-income, young people, persons of color, the elderly, and those living with disabilities. Standing advisory committees may have up to two additional voting, ex-officio student/youth members who are of high school or college age (see also Section I below). I. Unless otherwise stipulated below, voting and alternate standing advisory committee members will be comprised of individuals who reside within the City except one (1) member from each advisory committee may be an at -large member living within the City's urban growth boundary. Unless otherwise provided, all nonvoting ex-officio members are not required to be residents within the City or the urban growth boundary. Voting and alternate members must be over eighteen (18) years of age. All standing advisory committees serve at the pleasure of the City Council and shall deliver to the Council an annual report on their activities and accomplishments in the preceding year and provide to the Council for its approval the priorities and workplan for the succeeding year. Standing advisory committees are expected to work with and advise the City Management and City Attorney to insure their committee recommendations are aligned with City Council priorities and can be implemented within the City's resources and legal authority. Commissions transitioning under this resolution to become either standing advisory committees, or potentially to MAC status, are requested to complete any current work to develop recommendations for the City Council and advance them for consideration. These recommendations my advance either as a direct final report or presentation to the City Council or may be advance to the corresponding advisory committee or City Manager for reporting to the City Council. K. The City Attorney is directed to return to the City Council in a timely manner with any updates, changes, or deletions to the Ashland Municipal Code to establish the here identified standing advisory committees as replacements for their corresponding city commissions or boards and to establish them as "Regular" advisory bodies per AMC 2.04. SECTION 3. Standing Advisory Committees to the City Council are established and responsible for the purposes indicated in the following: A. Climate and Environment Policy Advisory Committee (CEPAQ A Climate and Environment Advisory Committee (CEAQ is established by the City Council. The CEAC should reflect and represent a wide range of community interests and perspectives. Such interests should include, but not be limited to, climate change and environment, public health, energy efficiency and renewable energy, low and moderate - income households needs, economic development, social equity, and sustainable economic development. 2 The CEAC will consist of up to twelve (12) voting members. The CEAC will strive to include at least two (2) voting members who are 35 years old or younger at the time of appointment. Three of the voting member positions are reserved for one (1) representative of the solid waste franchisee for the City; and one (1) representative from Southern Oregon University (SOU) administrationAaculty; one (1) representative from the Ashland School District administration/facility. The City Manager will appoint one (1) nonvoting ex-officio member to provide support to the committee. The CEAC shall be responsible for assisting the City in the following: i. Making recommendations on strategies, actions and programs related to the implementation and updating of the Climate and Energy Action Plan in furtherance of its climate mitigation and adaption goals and strategies per AMC 9.40, recognizing that the Council may also request advice on other environmental matters from time to time. The issues the Climate and Environmental Policy Advisory Committee shall advise Council on include, but are not limited to: A. Recommendations for the City of Ashland's Climate and Energy Action Plan (CEAP) and any updates to the CEAP. B. Modifications to benchmarks, targets, or actions contained in the climate plan as needed to incorporate the best available science and practices to achieve the City of Ashland's climate -related goals and targets. C. The process for considering amendments and -updates to the CEAP. D. Monitoring CEAP implementation progress for the community and for the City operations. E. Ensuring that the CEAP incorporates long-term social, economic, and environmental goals. F. Climate education ii. Recommending CEAP implementation steps or improvements on behalf of the community and for City operations iii. Providing information to staff and the City Council to ensure that benchmarks, targets, or actions develop for, or by the City of Ashland incorporate the best available science and practices to achieve the intended climate or environmental related goals and targets. iv. Providing recommendations to ensure the City of Ashland's climate and environmental planning incorporates long-term social, economic, and environmental goals, including social equity for low-income households, persons of color, the young and elderly, and those with disabilities. V. Educating and advocating for Ashland's environmental goals, including its Community Climate Recovery Goals. B. Forest Land Advisory Committee (FLAG) The Forest Lands Advisory Committee (FLAG) is established and shall consist of up to nine (9) voting members, including a member of the Ashland Parks Commission, and up 9 to eight (8) nonvoting ex-officio members who will participate as needed. The ex- officio, non -voting member positions are reserved for representatives from the USDA Forest Service Ashland Ranger District, the Oregon Department of Forestry, the City's Director of Public Works, Director of Community Development, Fire Chief, Police Chief, and Director of Parks and Recreation Department or their designees. The City Manager will also appoint one (1) nonvoting ex-officio member to provide support to the committee. The FLAC shall be responsible for assisting the City in the following: i. Supporting the implementation of the Ashland Forest Plan, originally developed and adopted by the City of Ashland in June, 1992, including City adopted updates or revisions. ii. Recommending integrated, interdisciplinary approaches and programs for the development of forest ecosystem management plans and related activities in the Ashland watershed. iii. Developing a strong community volunteer program to assist in the implementation of the Ashland Forest Plan. iv. Recommending forest management practices to the City Council and City staff. V. Helping to ensure that plans integrate forest management needs and concerns of the City and of private land owners in the wildland urban interface. vi. Promoting public knowledge and acceptance of the Ashland Forest Plan's programs. C. Historic Preservation Advisory Committee (HPAC An Historic Preservation Advisory Committee (HPAC) is established by the City Council. The HPAC will consist of up to nine (9) voting members, and two nonvoting ex-officio members including the Chairperson of the Planning Commission, and one (1) representative appointed by the City Manager to provide support to the committee from the City's Community Development Department. To qualify the HPAC's as the City of Ashland's Certified Local Government (CLG) Commission, the majority of appointments for voting members of the HPAC, to the extent volunteer members are available in the City, will have direct historic preservation experience or meet the professional qualifications (including archaeology, architectural history, conservation, cultural anthropology, curation, engineering, folklore, historic architecture, historic landscape architecture, historic preservation planning and history) under Oregon State Historic Preservation Office requirements. The HPAC shall be responsible for assisting the City in the following: vii. Recommending to the Planning Commission and the City Council, areas or properties of significant historical value and interest for consideration to be designated historical properties. viii. Recommending ordinances and other measures designed to protect and foster interest in the improvement of designated historical properties. ix. Reviewing literature and sources of funding concerning the protection and improvement of designated historic properties. X. Advising City staff and the Planning Commission concerning the improvement of designated historic properties in connection with Type II and Type III Planning Action involving new construction or alterations to existing historic resources. xi. Advising applicants and staff upon request on sigh permits, building permits and other projects involving new construction or alterations within Ashland's designated Historic Districts. xii. Advising the Planning Commission, the Ashland Park Commission, other city advisory commissions, boards and committees, and city departments regarding historic components of government projects under consideration within Ashland's designated Historic Districts. xiii. Advising City staff and the Planning Commission on project applications for funding. xiv. Assisting in promoting public support for the preservation and recognition of Ashland's historic past. xv. Advising City staff and the Planning Commission on aesthetic standards for historic areas. D. Housing and Human Services Advisory Committee (HHSAC) A Housing and Human Services Advisory Committee (HHSAC) is established by the City Council. The mission of the HHSAC is to assess and make recommendations to the City for addressing the continuum of housing and human services needs for the purpose of enhancing community health and well-being. Members will be from a broad spectrum of citizens including individuals with a background in social services, unhoused and marginal income population services, economic and housing development, universal housing design, and elderly and disabled persons needs. The HHSAC will consist of nine (9) voting members, one (1) nonvoting ex-officio liaison from Southern Oregon University (SOU), and one (1) nonvoting ex-officio member appointed by the City Manager to provide housing program support. 7 The HHSAC shall be responsible for assisting the City in the following: i. Assessing the making recommendations on the continuum of housing and human services needs of the community and funding strategies relating to housing and human services. ii. Advising the City Council on programs that assist in addressing the unmet utility, medical, transportation, and food needs of seniors, children and families in Ashland, and other related human services programs. iii. Making recommendations to the City Council on Community Development Block Grant (CDBG), City of Ashland Social Service Grants, and Housing Trust Fund and related allocations. iv. Assisting in identifying federal, state, county, and private funding for implementation of housing and human services programs. V. Fostering public knowledge of and support for official city housing and human services Programs. vi. Enhancing cooperation between the public and private sectors by promoting integrated approaches that provide suitable housing, a healthy living environment, and expanded economic opportunities for low and moderate -income persons. vii. Evaluate, reviewing, and recommending to the Planning Commission and City Council innovative land use strategies targeted to promote a broad variety of needed housing types. viii. Monitoring housing discrimination complaints and corrective actions within the City, and advising the City Council on potential measures to be taken to further equal opportunity to all persons to live in suitable housing facilities regardless of race, color, religion, sexual orientation, gender identity, national origin, source of income, or familial status. E. Public Arts Advisory Committee (PAAC) A Public Arts Advisory Committee (PAAC) is established by the City Council. The mission of the PAAC is to enhance the cultural and aesthetic quality of life in Ashland by actively supporting the placement of public art in public spaces and serving to preserve and develop public access to the arts. The continued vitality of the arts in the City of Ashland is a vital part of the future of the City as well as of its citizens. The arts are an important part of the cultural and economic life of the entire community of Ashland and enrich the participants in the arts as well as those who observe them. The PAAC will consist of nine (9) voting members of which six (6) voting members will be from a broad spectrum of citizens including artists and those with a background in the arts, arts organizations, education, structural and landscape architecture. Up to three (3) of these six (6) voting members of the PACC may reside outside the City limits. The three (3) remaining voting members of the PAAC will be citizens at -large and residents of the City. The City Manager may also appoint two (2) non -voting ex-officio members to the PAAC, one (1) of which will be from the City's Public Works Department, to provide support to the committee. The PAAC shall adhere to and fill the role of the Public Art Commission as it may be designated in AMC 2.29 — Public Art. The PAAC shall also be responsible for assisting the City in the following: i. Providing advice to ensure the arts continue to be of value as an integral part of Ashland. ii. Assisting in promoting the arts in Ashland to enrich the lives of its citizens through education and demonstration. iii. Advising the City Council and City management on standards and guidelines for selecting, commissioning, placing, maintaining, and removing public art. iv. Advising the City of Ashland on how best to assist local organizations that provide local leadership on arts related matters to make the arts a more important part of community life. V. Assisting the City council, the Ashland Parks Commission, Historic Preservation Advisory Committee, and the Planning Commission in using public art to enhance existing development in public parks and other public lands and in public structures. vi. Advising the Planning Commission, the Ashland Parks Commission, other city advisory commission and committees, and city departments regarding artistic components of all municipal government projects under consideration by the City. The PAAC may also serve as a resource for assessing the artistic components of land use developments. vil. Advising the City Council on policies and programs to enhance and encourage the planning, placement, and maintenance of public displays of art in locations open to the public within the community. viii. Encouraging connections with other local, regional, and national organizations working for the benefit of art and preservation of artistic values. ix. Recognizing and encourage groups and organizations that enrich Ashland life by bringing cultural and artistic values and artifacts to the City. X. Assist in the pursuit of gifts and grants for support of arts programs and activities and the procurement of public art. F. Transportation Advisory Committee (TAC) A Transportation Advisory Committee (TAC) is established by the City Council. The TAC shall provide advice and guidance to the City Council, other Standing Advisory Committees, and City departments on transportation matters. The TAC will consist of up to nine (9) voting members and ten (10) ex-officio members who will participate as needed. Voting members will all be members of the community at large and will represent a balance of interest in all modes of transportation. The ex- officio, non -voting member positions are reserved for four (4) representatives from the City's Community Development, Police, Fire and Rescue Departments, and Parks and Recreation Departments; one (1) representative from Southern Oregon University (SOU) administration/faculty; one (1) representative from the Ashland School District administration/facility; one (1) representative from the Oregon Transportation Department; one (1) representative from the Rogue Valley Transportation District; one (1) representative from the Jackson County Roads Department; and, the City's Director of Public Works (1), or their designee, to provide support to the committee. The TAC shall assist the City in by reviewing and advising on issues or topics as they relate to all modes of transportation, including the following: i. Transportation safety policies and programs ii. Long range transportation plans and ancillary transportation plans (sidewalk and safe routes to school, transit, traffic, parking, etc.); iii. Type III Planning Actions during the pre -application process; iv. The transportation section of the City's Capital Improvements Program (CIP); V. Multi -modal transportation issues; and vi. Traffic implementation designs. The Committee may also advocate to promote all modes of transportation to ensure that modal equity is a reality in Ashland. The TAC may assign subcommittees to focus on specific transportation topics of concern and report their information to the full TAC for final review and recommendations. Subcommittees will be established for a specified purpose and duration and will consist of at least three voting members appointed by the TAC. The TAC Chair and Director of Public Works shall determine what matters warrant subcommittee involvement, and meetings shall be convened on anus -needed basis. G. Social Equity and Racial Justice Advisory Committee (SERJAC) l7 A Social Equity and Racial Justice Advisory Committee (SERJAC) is established by the City Council. The SERJAC will consist of nine (9) voting members and one (1) nonvoting ex-officio member designated by the City Manager to provide support to the committee. Voting members will include members from a broad spectrum of community interests and perspectives, specifically including individuals with backgrounds in race and social equity work and a representative cross section of historically marginalized or underrepresented groups, such as Black, Aboriginal peoples, people of color, LGBTQ+, the elderly and disabled persons. The SERJAC shall be responsible for assisting the City in the following: Encouraging understanding and celebration of the diversity of the City's population and visitors and promote amicable intergroup relations within the City. ii. Recommending policies, measures, and practices to bring about social and racial equity and a greater inclusion for all who live, work, or visit in the City, including counter measures to systematic racism, homophobia, sexism, classism, and other racial and social inequities impacting Black, Indigenous, people of color, LGBTQ+, and disabled persons, as well as other marginalized persons in the Ashland community, iii. Recommending efforts to increase economic opportunities for Black, Indigenous, people of color, LGBTQ+, and disabled persons, as well as other marginalized persons in the Ashland community. iv. Advising on diversity, equity, and inclusion (DEI) and human rights training for the City of Ashland's staff, commissions/boards, other advisory committees, and the City Council. V. To seek, at least every two (2) years, a broad spectrum of input from community members on emerging issues and needs of the Ashland community as they relate to diversity, equity, inclusion, human rights, and intergroup relations. SECTION 4. Manal4ement Advisory Committees (MAC) may be established to serve at the request of the City Manager or Department Heads to provide technical advice, and community support and input that can assist in preparing recommendations to enhance City operations or program implementation or for City Council consideration. MACS are generally intended to be project or program specific but can meet as often and as long as necessary to meet their requested role or functions. Some MACS may meet only occasionally when requested, while others may meet regularly or semi -regularly over extended periods of time per the role assignment or needed term for their assistance. Membership on MACS will be established based on the type of advice sought and availability of potential qualified participants, urgency of issue or program being addressed, timeframe for the committee's role/participation, availability of City staff support resources, and/or other circumstances or considerations 11 affecting the ability for effective MAC role participation. The rules of procedure, if necessary, for each MAC will also be established by the City Manager or appointing Department Director at the time of the corresponding MAC's establishment. The City Council may refer issues or tasks to consideration by a MAC by vote of the City Council request to the City Manager. MACs may include project or program topics related, but not limited to the following: • Airport Operations • City Band • System Development Charges • Transportation • Trees and Urban Forest • Wildfire Safety SECTION 5. This resolution is effective upon adoption. ADOPTED by the City Council this day of , 2023. ATTEST: Melissa Huhtala, City Recorder SIGNED and APPROVED this day of , 2022. Tonya Graham, Mayor Reviewed as to form: Doug McGeary, Interim City Attorney M March 15, 2023 Agenda Item 2021-23 BN Supplement Budget & Resolution From Sabrina Cotta Interim Finance Director Contact Sabrina.Cotta6cr ashland.or.us (541) 552-2106 SUMMARY During the course of the Biennium there are times that budget adjustments are necessary. The proposed budget amendments do not increase appropriations by more than ten percent. wall ,,;I PREVIOUS COUNCIL ACTION N/A Oregon budget law (ORS 294.471) provides for a mid -year amendments to the budget through the supplemental budget process. This supplement budget will recognize and appropriate unbudgeted revenue. These changes consist of additional appropriations of less than ten percent of the budgeted fund, Oregon budget law allows adoption by Council Resolution with no public hearing required. The budget amendment reflects multiple increases in appropriations. Increase In resource: General Fund Various Grants 368,668 CDBG Fund Grants 277,311 Total Increased Resource 7$ 645,979 Increase In appropriation: General Fund Police - Contact 21,714 General Fund Fire - Profession Services, overtime, Radios, Equipment 346,954 CDBG Fund Community Develoment Deparhent- Personnel & Grants 277,311 Total Increased Appropriation $ 645,979 The explanations of each change can be found on the attached Staff Supplemental Budget Request form. FISCAL IMPACTS The Supplemental Budget transfers increases revenue and appropriations within the budget. STAFF RECOMMENDATION That the Council adopt the attached resolution to authorize proposed changes as defined within this report for a 2021-23 BN supplemental budget. ACTIONS, OPTIONS & POTENTIAL MOTIONS Page I of 2 CITY OF -ASHLAND I move to adopt Resolution 2023-05 authorizing a 2021-23 BN supplemental budget. REFERENCES & ATTACHMENTS Attachment 1: Resolution Adopting the Supplemental Budget Attachment 2: Staff Supplemental Budget Request Page 2 of 2 CITY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET FOR CHANGES TO THE 2021-23 BIENNIUM BUDGET A. The City of Ashland 2021-23 Biennium Budget was adopted on June 18, 2022 for the period of July 1, 2021 through June 30, 2023. B. The City of Ashland (City) is authorized by ORS 294.471 to approve a supplemental budget for one or more of the following reasons: 1. An occurrence or condition which had not been ascertained at the time of the preparation of a budget for the current year which requires a change in financial planning. 2. A pressing necessity which was not foreseen at the time of the preparation of the budget for the current year which requires prompt action. 3. Funds were made available by another unit of federal, state or local government and the availability of such funds could not have been ascertained at the time of the preparation of the budget for the current year NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ASHLAND, OREGON, RESOLVES AS FOLLOWS: SECTION 1. In accordance with provisions stated above, the Mayor and City Council of the City of Ashland determine that it is necessary to adopt a supplemental budget, establishing the following amendments: RESOLUTION NO. 2023-05 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Additional appropriations: Appropriation Resource General Fund Intergovernmental Revenues 368,668 ,Police Department 21,714 I Fire and Rescue Department 346,954 $ 368,668 368,668 CDBG Fund Personnel Services 55,461 :Materials and Services 221,850 I Intergovernmental Revenues 277,311 277,311 277,311 SECTION 2. All other provisions of the adopted 2021-2023 Biennium Budget not specifically amended or revised in this Supplemental Budget remain in full force and effect as stated therein. SECTION 3. This resolution is effective upon adoption. ADOPTED by the City Council this SIGNED and APPROVED this Reviewed as to form: � Doug McGeary, Interim City Attorney day of , 2023. ATTEST: Melissa Huhtala, City Recorder day of Tonya Graham, Mayor 2023. I RESOLUTION NO. 2023-05 Page 2 of 2 Date: 12/2912022 Department: Police Explanation of request: The Police Department has an IGA with Talent to Drovide oolice services in addition to occassional shift work for Talent PD. Chief O'Meara would like to request the funds be transferred back Into our deoertment to SUDDlement our current budaet, The funds reauested are from Billina Reauests from JuIv 2022 to December 2022. Total Amount of ransfer $21,714.00 11111111111111 111111liq 111111111 11111111 1111111111,111 1111111111111111111111111111111 111 FIMMOUM Line Rem N am e Amount MI, 4 irgmti Total Amount of Transfer Requested By: DepigemTiead Date Submitted Title Amount 7/28/2022 Talent IGA July 2022 $ 2,394.00 8/31/2022 Talent IGA August 2022 $ 10,488.00 9/12/2022 Talent IGA Monthly Fees (July/August) $ 1,500.00 9/28/2022 Talent IGA September 2022 $ 3,030.00 10/25/2022 Talent IGA October 2022 $ 1,890.00 11/21/2022 Talent IGA November 2022 $ 1,662.00 12/29/2022 Talent IGA December 2022 $ 750.00 Total $ 21,714.00 IM clim n I Date: 217/2023 Department: Fire Explanation of request: VanMeter Fire State Conflagration reimbursement request for the personnel during the 9/7/2023-9/9/2023 fire I "I OR . . I , -Account Number Line -Item Name Amount 0110,430273 Fire Grants $23,061 Total Amount of Transfer $23,060.74 Account Number Line Item Name Amount 071200.601400 SCBA Blast Chamber $14,000.00 071200.601400 Flashlights $4,799.60 070900.601300 Uniforms $ 4,261.14 Total Amount of Transfer $23,060.74 MATLOCK. EMI LYJ RENEA 3 Dlquly.v�Ocr-Emy tPANF 1379111118 Requested By:T9171148 DZ. Z123WW M.MUWW I Approved By: Ralph E Sartain "1,Dlgsigned by Ralph E Sartatn 11 Date' 2023.02.07 14.00:32 -08'00' Department Head Mawr Jill IIIIIIIIJ Date: 2/7/2023 Department: Fire & Rescue Explanation of request: Unbudc;eted GEMT CCO remittance for 2022 Phase I Jan I - June 30 2022 Gumev &Stair Chair--2 for current fleet will bring to call Powerload = lift the ournev into medic unit (emDlovee Drotection), BK Radio= Needed for wildfire deDlovment, do not currently have anv, Base Radio = 3 Needed for new vehidn Laredal = ReDlace current 10 vear old units, Accourit Number Line Item Name Amount 110.440032 Jackson County Care Conned $221,065 110.440032 HealthShare $3,522 110.440032 AIICare $96,980.00 110.440032 Cascade Health $1,195.00 110.440032 Centene Mgmt $1,132.00 I I I Total Amount of Transfer $ 323,894.00 111111111 IIIIIIJIllillill iiiiiiiiij iiiiii Number Line Item Name Amount -Account 071200-606600 Stryker Gurney x2 ($35,000 ea.) $70,000.00 071200-606600 Powerload System $35,000.00 071200-603500 BK Deployment Radio x5 ($3,500 ea. $17,500.00 071200-603500 Base Radio Vehicle x3 ($8,766 ea.) $26,300.00 071200-606600 Laerdal Suction Units xi 0 ($1,000 ea. $10,000.00 071200-606600 EMS Stair Chair ($4,179 ea.) 1 $8,400.001 Total Amount of Transfer $ 167,200.00 Requested By: Emily Matlock .Approved By: Emily Matlock Department Head IJL=� clr-4ile- Date: 2/712023 Department: Fire & Rescue Explanation of request: Unbudqeted GEMT CCO remittance for 2022 Phase I Jan I- June 30 2022 Radios- Need to replace 8 out of date radios,/ Ventilator = need to replace 23 vear old vent does not suDDIv current pressures needed, The additional fund are needed to off -set muthe eclubment pieces as well as pre -employment nea for staff positions, zSZC33= Account Number Llne Item Name Amount 110.440032 Jackson County Care Conned $221,065 110.440032 HealthShare $3,522 110.440032 AIICare $96,980.00 110.440032 Cascade Health $1,195.00 110.440032 Gentene Mgmt $1,132.00 Total Amount of Transfer -- $ 323,894.00 0 . . A U U us =- I 111� 8, 1 ^ Account Number Line Item -Name Amount 071200-603500 Portable Radios x8 ($8,466 ea.) $67,728.00 071200-601400 Automatic Air Ventilator $10,000.00 070900-510100 Regular Employee Salary $32,612.00 070900-520100 Regular Employee Benefits package $17,884,00 070900-604100 Professional Services $ 13,750M 070900.601300 Uniforms $ 14,820.001 Total Amount of Transfer $ 156,694.00 Requested By: Emily Matlock APR roved By: Emily Matlock Department Head q Pill lipilijilliq Pill! 11111111111111,11!11111 Date: 2/27/2023 Department: Conim Development Additional allocation of Community Develooment Block Grant Funds to prevent oreoare for and respond to issues related to COVID-1 9, Grant was received later than anticipated New Revenue ��11 1 1111,111 r i A6b6unt-kitim"be'r , , � � % — � � , u no Item Name AhioI 095600,5****' Personnel Services S 55.461.00 095600.609199 Other Grants $ 221,850.00 Total Amount of Transfer $ 277,311.00 Requested By: Approved By: Depaythient Head Increase In resource: General Fund Various Grants 368,668 CDBG Fund Grants 277,311 Total Increased Resource $ 645,979 Increase In appropriation: General Fund Police - Contract 21,714 General Fund Fire - Profession Services, Overtime, Radios, Equipment 346,954 CDBG Fund Community Develoment Department - Personnel & Grants 277,311 Total Increased Appropriation $ 645,979 Additional appropriations: Appropriation! Resource General Fund Intergovernmental Revenues 388,668 Police Department 21,714 Fire and Rescue Department 346954 {DXBG Fundi Personnel Services 55,461 Materials and Services 221,850 Intergovernmental Revenues 277311 � 277'311 $ 277,211 nCouncil Business Meeting Agenda Item Safety Training Contract for Public Works Department From I Michael Morrison == Operations Deputy Director Item Type Requested by Council 1:1 Update El Request for Approval 7X Presentation El Approval iobeing requested for ucontract award exceeding $75,80O.OU. Aformal competitive sealed proposal (Request for Proposal) is the required sourcing method for an acquisition of this type (Personal Services) greater than $75,000.00. The City's intent is to award a five (5) year contract to the highest ranked proposer, G2 Consultants, to provideonei1e safety training for the Public Works Department. POLICIES, PLANS & GOALS SUPPORTED Maintain OSHA compliance, a safe and healthy workforce, and a reliable Public Works department. BACKGROUND AND ADDITIONAL INFORMATION 4 formal &FP (Request for ProposoA was facilitated, and the City received three () proposals in response to the RFP. The proposals were evaluated in accordance with the evaluation process and criteria outlined in the RFP and the City's intent is to award a public contract to the highest ranked proposer. |naccordance with AMC 25O.O7O(2),this contract exceeds delegated authority and thus requires Council |naccordance with AMC 2.50.090ond AMC 2.5D]2O/«\,aformal Competitive Sealed Proposal (Request for Proposal) is required to acquire personal services exceeding $75,000.00. Please refer to the attached solicitation - Request for Proposals - for the scope of services. FISCAL IMPACTS The Public Works Department budgets for onobesafety training each fiscal year. The proposed costs for ofive (5) year agreement are as follows: 5-YEAR CONTRACT Firm Cost Per Month (All Annual Cost TOTAL COST (5-Years) $182,160.00 Page lof2 nCouncil Business Meeting *City asked proposer ifthe cost for year I and year 2 could be more in line with the monthly costs for years 3-5. The proposer anticipated there would be a need for more preparation during the first two years of the contract to build custom training modules and presentations tailored to the needs of the City; however, the proposer offered to drop the cost per month for the first two years to match year five ($3,090.00) for a savings of $24`Q6D.0Ofor the five (5) year agreement. DISCUSSION QUESTIONS The Public VVodm Department must provide safety training to remain OSHA compliant. Safety instructors need to have proper certifications to meet OSHA requirements. Outsourcing this training saves the department money compared t0what itwould cost tOhave City staff provide the trmininga. SUGGESTED NEXT STEPS Staff recommends the public contract for onnite Safety Training for the Public Works Department be awarded to G2 Consultants. REFERENCES & ATTACHMENTS Request for Proposals for Safety Training for Public Works Department Evaluation Summary Page 2of2 Contracting Agency: Sole Point of Contact: Title: Address: Telephone: Fax: Email: City of Ashland Kari Olson Purchasing Specialist City of Ashland 90 N. Mountain Avenue Ashland, OR 97520 (541) 488-5354 (541) 488-5320 kari.olson(a-),ashland.or.us RTP — Safety Training, Page 1 of 30 1. PUBLIC NOTICE 3 2. PROPOSAL PROCESS 4 3. SCHEDULE OF EVENTS 5 4. SCOPE OF SERVICES 11 5. PROPOSAL CONTENTS 14 6. PROPOSAL SUBMISSION REQUIREMENTS 17 7. EVALUATION PROCESS 18 8. EVALUATION CRITERIA 19 EXHIBIT A - PROPOSAL SUBMISSION FORM EXHIBIT B - CERTIFICATE OF COMPLIANCE EXHIBIT C - AFFIDAVIT OF TRADE SECRET EXHIBIT D - GOODS AND SERVICES AGREEMENT RFP — Safety Training, Page 2 of 30 PUBLIC NOTICE: r, Request for Proposals SAFETY TRAINING (Public Works Department) Proposals are due by 2:00:00 PM (PST), Thursday, January 26, 2023 The City of Ashland is requesting written proposals from firms or individuals that are interested in providing Safety Training classes and job observations for the City's Public Works Department, Currently, the City of Ashland has a safety consultant that performs various onsite OSHA required safety training classes for the Public Works Department. One day per month, the safety consultant conducts an onsite safety training class with the public works crews and performs two onsite job observations. The job observations and/or crew audits are being requested to provide an outside opinion on the City's safe work practices. The City will also consider proposals for individual safety training classes conducted onsite or via zoom in classroom and/or safety training videos employees can access online and watch individually on their own. The City intends to enter into a contract with the highest ranked proposer(s) for a maximum term of five (5) years. In accordance with OAR 137-047-0600(4)(d)(A), a multiple award may be made if award to two or more proposers of similar goods and services is necessary for adequate availability, delivery, service or product compatibility. This Request for Proposal (RFP) is intended to provide prospective proposers with sufficient information to prepare and submit a proposal for consideration by the City. The REQUEST FOR PROPOSALS is available online at www.ashland.or.us Log on to the City's website, scroll down the home page to Online City Services and click on "Proposals, Bids and Notifications". Locate the public notice and click on "REQUEST BID PACKET" (beneath the public notice). Log into the system and download the solicitation documents. You will need to log into the system each time you would like to download the solicitation documents and any subsequently issued addenda. In accordance with AMC Section 2.50.080, Competitive scaled proposals may be available online, but applicants will NOT be able to submit their proposals and/or responses online. Proposals must be delivered in hard copy form to the City in accordance with the requirements outlined in the RFP. Individuals that obtain the solicitation materials electronically are responsible for regularly checking for instructions, addenda, and related materials. Contract terms, conditions and specifications may be reviewed in the City of Ashland, Purchasing Office, located at 90 N. Mountain, Ashland, Oregon. Deadline for submitting questions is 5:00:00 PM (PST), Wednesday, January 11, 2023. Scaled proposals must be received by 2:00:00 PM (PST), Thursday, January 26, 2023, by Kari Olson, Purchasing Specialist in the City of Ashland, Purchasing Office located at 90 N. Mountain Avenue, Ashland OR 97520. The proposals will be opened at 2:00:00 PM (PST), Thursday, January 26, 2023, and the City will record and make available the identities of the proposers. Proposals will not be available for inspection until after the evaluation process has been completed and the Notice of Intent to Award has been issued. Kari Olson Purchasing Specialist City of Ashland, Oregon Kari.olson@ashland.or.us Tel: 541-488-5354 Published: December 16, 2022 RFP — Safety Training, Page 3 of 30 Request for Proposals SAFETY TRAINING (Public Works Department) December 16,2022 ORS 279B.060(2)(c) PURPOSE OF REQUEST FOR PROPOSALS The City of Ashland is requesting written proposals from firms or individuals that are interested in providing Safety Training classes and job observations for the City's Public Works Department. Currently, the City of Ashland has a safety consultant that performs various onsite OSHA required safety training classes for the City's Public Works Department. One day per month, the safety consultant conducts an onsite safety training class with the Public Works crews and performs two onsite job observations. The job observations and/or crew audits are being requested to provide an outside opinion on the City's safe work practices. The City will also consider proposals for individual safety training classes conducted onsite or via zoom in classroom and/or safety training videos employees can access online and watch individually on their own. The City intends to enter into a contract with the highest ranked proposer(s) for a maximum term of five (5) years. In accordance with OAR 137-047-0600(4)(d)(A), a multiple award may be made if award to two or more proposers of similar goods and services is necessary for adequate availability, delivery, service or product compatibility. This Request for Proposal (RFP) is intended to provide prospective proposers with sufficient information to prepare and submit a proposal for consideration by the City. ORS 279B.060(2)(b) SOLE POINT OF CONTACT Information, correspondence and questions pertaining to this Request for Proposals (RFP) shall ONLY be directed to: Name: Kari Olson Title: Purchasing Specialist Address: City of Ashland 90 N. Mountain Avenue, Ashland, OR 97520 Telephone: 541-488-5354 Fax: 541-488-5320 Email: Kari.olson(&,ashland.or.us This person is the sole point of contact during the entire RFP process including clarification and/or protest of specifications, method of bidding, the evaluation and award process, and/or other questions that may arise. The RFP documents may be reviewed upon request by contacting the designated sole point of contact listed above. RFP — Safety Training, Page 4 of 30 OAR 137-047-0260(2)(a)(C) OPENING DUE DATE AND TIME Proposals must be received prior to the scheduled opening. The openinL, is scheduled for the following due date and time: Proposals are due by: 2:00:00 PM (PST), Thursday, January 26, 2023 The proposal must be addressed to the designated sole point of contact and received prior to the due date and time. ' Proposals received after CLOSING are considered LATE and will NOT be accepted for evaluation. Late proposals will not, be considered. OAR 137-047-0260(2)(c)(A) SCHEDULE OF EVENTS ACTIVITY DATE Request for Proposals Released December 16, 2022 11t Public Notice December 16, 2022 Deadline for Submitting Questions and 5:00:00 PM (PST), Wednesday, January 11, 2023 Requests for Additional Information RFP Protest Period Ends 5:00:00 PM (PST), Monday, January 16, 2023 DUE DATE AND TIME 2:00:00 PM (PST), Thursday, January 26, 2023 (Note: Proposals must be received prior to the due date and time.) Location: City of Ashland, Purchasing Office 90 N. Mountain, Ashland, OR 97520 Evaluation Process January 26 — February 7, 2023 Contract Recommendation Upon completion of evaluation process Notice of Intent to Award Announcement (7) Days prior to executing contract Award Protest Period Ends (7) Days after Notice of Intent to Award is released Contract Recommendation February 21, 2023 Presented to City Council for Final Approval Contract Award Upon Council Approval and (7) Days after the Notice of Intent to Award Announcement Services intended to begin April 2023 NOTE: This is a tentative schedule and is provided as a courtesy to potential proposers. The actual schedule may vary from that provided without notice to potential proposers. Any changes made to the closing date of the RFP will be made in the form of an addendum and mailed to all potential proposers who have received RFP documents. QUESTIONS AND REQUESTS FOR ADDITIONAL INFORMATION: All potential proposers are encouraged to ask questions and request additional information that will aid in the clarification of the RFP requirements. Questions and requests for information will be promptly considered, and written responses will be provided in the form of a written addendum and posted on the City's website. All inquiries, whether relating to the RFP process, administration, deadline or method of award, or to the intent or technical aspects of the RFP must: • Be delivered via email to the Sole Point of Contact identified on page 4 of the RFP • Reference the name of the RFP • Identify the proposer's name and contact information • Be sent by an authorized representative • Refer to the specific area of the RFP being questioned (i.e. page, section and paragraph number); and • Be received by the due date and time for Questions/Requests for Clarification identified in the schedule RFP — Safety Training, Page 5 of 30 OAR 137-047-0260(2)(a)(F) Addenda The provisions of this RFP cannot be modified by oral interpretations or statements. Proposers are cautioned not to make any assumptions as to the implied meaning or intent of any part of the RFP. Proposers should request clarification. If inquiries or comments by proposers raise issues that require clarification by the City, or the City revises any part of this RFP, addenda will be provided in the form of a written addendum and posted on,the City's website. Receipt of an addendum must be acknowledged by signing and returning it with the proposal. Addenda will be issued within a reasonable time to allow prospective proposers to consider the addenda in preparing their proposals. Unless a different deadline is set forth in the addendum, a proposer may submit a request for change or protest by the close of the next business day after the issuance of the addendum, or up to the last day the REP Protest Period ends, whichever date is later. If the date established in the previous sentence falls after the RFP Protest Period ends, the City will consider a request for change or protest to the addendum only. Addenda shall not be issued less than 72 hours before the closing unless the addendum also extends the closing. ORS 279B.405 Protest Solicitation Process A prospective proposer for a public contract solicited under ORS 279B.055, 27913.060 or 27913.085 may file a protest with the City if the prospective proposer believes that the procurement process is contrary to law or that a solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name. If a prospective proposer fails to timely file such a protest, the prospective proposer may not challenge the contract on grounds under this subsection in any future legal or administrative proceeding. If the protest is received at least 10 days prior to bid closing and meets the requirements of ORS 279B.405, the City shall consider the protest and issue a decision in writing. Otherwise, the City shall promptly notify the prospective proposer that the protest is untimely or that the protest failed to meet the requirements and give the reasons for the failure. The City shall issue a decision on the protest no fewer than three business days before proposals are due, unless a written determination is made by the City that circumstances exist that justify a shorter time limit. Protests must: • Be delivered to the Sole Point of Contact identified on page 4 via email, facsimile, hard copy ® Reference the name of the RFP ® Identify prospective proposer's name and contact information ® Be sent by an authorized representative ® State the Reason for the protest, including: o the grounds that demonstrate how the procurement process is contrary to law, unnecessarily restrictive, legally flawed, or improperly specifies a brand name; and o evidence or documentation that supports the grounds on which the protest is based ® State the proposed changes to the RFP provisions or other relief sought ® Protests to the RFP must be received by the due date and time identified in the schedule ® Protests to addenda must be received by the close of the next business day after the issuance of the addendum, or up to the last day the RFP Protest Period ends, whichever date is later. OAR 137-047-0440 Pre-ClosinjZ Modification or Withdrawal of Offers A proposer may modify its proposal in writing prior to the closing in accordance with OAR 137-047-0400, OAR 137-047-0410 and OAR 137-047-0440. Any modification must include the proposer's statement that the modification amends and supersedes the prior proposal. A proposer in accordance with OAR 137-047-0440 may withdraw its proposal by written notice submitted on proposer's letterhead, signed by authorized representative of the proposer, and delivered to the individual and location specified in the solicitation document prior to closing. OAR 137-047-0460 Late Offers, Late Withdrawals and Late Modifications Any proposal received after closing is late. A proposer's request for withdrawal or modification of a RFP — Safety Training, Page 6 of 30 proposal received after closing is late. An Agency shall not consider late proposals, withdrawals or modifications except as permitted in OAR 137-047-0470 or 137-047-0262. Proposal Acceptance Proposals that do not address all areas requested by this RFP may be deemed non- responsive and may not be considered for any possible contract awarded resulting from this RFP. ORS 279B.060(2)(e) Cancel, Rejector Delay Procurement The City of Ashland may cancel the procurement, reject in whole or in part any or all proposals, or suspend or delay the procurement in accordance with ORS 279B. 100 when it's in the best interest of the City of Ashland as determined by the City of Ashland. In no event shall the City of Ashland have any liability for the cancellation, rejection, or suspension of a solicitation or award. The proposer assumes the sole risk and responsibility of all expenses connected with the preparation of its proposal. Collusion By submitting a proposal, proposer certifies that no officer, agent, or employee of the City of Ashland has a monetary interest in this proposal; that the proposal is made in good faith without fraud, Collusion, or connection of any kind with any other proposer and that the proposer is competing solely in its own behalf without connection with, or obligation to, any undisclosed person or company. Disputes In case of any doubt or differences of opinions as to the items or services to be furnished hereunder, or the interpretation of the provisions of the RFP, the decision of the City of Ashland shall be final and binding upon all parties. Clarification of Responses The City of Ashland reserves the right to request clarification of any item in any proposal, or to request additional information necessary to properly evaluate a proposal. References The City of Ashland reserves the right to investigate any and all references and the past performance information provided in the proposal with respect to proposer's successful performance of similar projects, compliance with specifications and contractual obligations, completion or delivery of a project on schedule, and lawful payment of employees and workers. Recyclable and Recycled Products Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this RFP. ORS 279A.125 The City shall give preference to goods that are certified to be made from recycled materials if the recycled product is available, meets applicable standards, can be substituted for a comparable non- recycled product; and the recycled products costs do not exceed the costs of non - recycled products by more than five percent, or a higher percentage if a written determination is made by the City. ORS 282.210 All printing, binding and stationery work done for the City shall be performed within the State of Oregon. ORS 279B.060(2)(g) If required under ORS 468A.710, the contractor or subcontractor is required to possess an asbestos abatement license. RFP — Safety Training, Page 7 of 30 AMC Chapter 3.12 Living Wage If the contract exceeds $24,050.68 the contractor will be required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage to applicable employees, as defined in this chapter, performing work under this contract and to any applicable subcontractor who performs 50% or more of the service work under this contract. The Living Wage is $17.02 per hour effective June 30, 2022 and increases annually every June 30 by the Consumer Price Index. In calculating the living wage, employers may add the value of health care, retirement, 401K and IRS eligible cafeteria plans (including childcare) benefits to the amount of wages received by the employee. It is the responsibility of the proposer to review and comply. with the Living Wage ordinance requirements, which can be viewed online at www.ashland.or.us. *** The Living Wage is $17.02 per hour effective June 30,2022 *** (Increases annually every June 30 by the Consumer Price Index) ORS 279B.060(6)(a) Opening Procedures Notwithstanding ORS 192.410 to 192.505, proposals may be opened in a manner to avoid disclosure of contents to competing proposers during, when applicable, the process of negotiation, but the City of Ashland shall record and make available the identity of all proposers as part of the City's public records after the proposals are opened. Notwithstanding ORS 192.410 to 192.505, proposals are not required to be open for public inspection until after the notice of intent to award a contract is issued. The fact that proposals are opened at a meeting, as defined in ORS 192.6 10, does not make the contents of the proposals subject to disclosure, regardless of whether the public body opening the proposals fails to give notice of or provide for an executive session for the purpose of opening proposals. OAR 137-047-0260(2)(a)(E) Certification of Nondiscrimination Proposer to certify that the proposer has not discriminated and will not discriminate, in violation of ORS 279A.110(1), against ammority, women or emerging small business enterprise certified under ORS 200.055 or against a business enterprise that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225 in obtaining a required subcontract. The Certificate of Compliance attached as Exhibit B, is required to be signed and included with your proposal. ORS 279B.060(6)(b) Proprietary Information (Trade Secrets) Notwithstanding any requirement to make proposals open to public inspection after the City of Ashland's issuance of a notice of intent to award a contract, the City of Ashland may withhold from disclosure to the public materials included in a proposal that are exempt or conditionally exempt from disclosure under ORS 192.501 or 192.502. All proposals are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If a proposer believes that any portion of its proposal contains any information that is a trade secret under ORS Chapter 192.501(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.410 through 192.505). If applicable, proposer shall complete and submit the Affidavit of Trade Secret attached as Exhibit C and a fully redacted version of its proposal. Proposer is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.410 through 192.5 05) and identifying the proposal, in whole, as exempt from disclosure is not acceptable. Agency advises each proposer to consult with its own legal counsel regarding disclosure issues. If proposer fails to identify the portions of the proposal that proposer claims are exempt from disclosure, Proposer has waived any future claim of non -disclosure of that information. RFP — Safety Training, Page 8 of 30 ORS 279B.060(13) Notice of Intent to Award a Public Contract The City of Ashland shall provide written notice of its intent to award to all proposers pursuant to ORS 27913, 135 and OAR 137-047-0610 at least seven (7) days before the award of the contract, unless the City determines that circumstances justify prompt execution of the contract, in which case the City may provide a shorter notice period. ORS 279B.060(14) Contract Award The City of Ashland shall award the contract to the responsible proposer whose proposal the City of Ashland determines in writing to be the most advantageous to the City of Ashland based on the evaluation process and evaluation factors described in this Request for Proposals, and any applicable preferences described in ORS 279A. 120, ORS 279A. 125 and ORS 279A. 128 and, when applicable, the outcome of any negotiations authorized by this Request for Proposals. Other factors may not be used in the evaluation. In addition, any other public agency wishing to use the resulting contract may be authorized by mutual consent of the City of Ashland and the contractor. ORS 279B.41 0 Protest of Contract Award A proposer may protest the award of a public contract or notice of intent to award a public contract if the proposer is adversely affected because the proposer would be eligible to be awarded the public contract in the event that the protest were successful. The written protest shall specify the reasons for the protest pursuant to ORS 279B.410(1)(b) and be delivered to the sole point of contact named in the UP within seven days after issuance of the Notice of Intent to Award a contract. The City shall consider and respond in writing to a protest in a timely manner. ORS 279B.060(2)(h) Contractual Terms and Conditions The proposer selected by the City of Ashland will be expected to enter into a written contract in the form attached to this UP. This UP and the contents of the proposal of the successful proposer will become contractual obligations if a contract is executed. The proposal should indicate acceptance of the City of Ashland's contract provisions or suggest reasonable alternatives that do not substantially impair the City of Ashland's rights under the contract. The proposer may also propose contractual terms and conditions that relate to subject matter reasonably identified in this Request for Proposals. The City of Ashland reserves the right to negotiate the contractual terms and conditions proposed as alternatives by the proposer. If inclusion of any of the City of Ashland's contract provisions will result in higher costs for the services, such costs must be specifically identified in the proposal. Unconditional refusal to accept the contract provisions proposed by the City of Ashland without offering acceptable alternatives may result in the disqualification of the proposal. Insurance Certificates The Contractor will be required to provide and maintain ALL required insurance certificates, and provide current Certificates of Insurance, including the City of Ashland endorsed as the additional insured, to the City prior to any lapse of insurance coverage. RFP — Safety Training, Page 9 of 30 Additional Terms The City of Ashland reserves the right to waive irregularities or deficiencies in a proposal if the City of Ashland determines that waiver is in the best interest of the City of Ashland. The City of Ashland may request supplemental written information from a proposer concerning the proposer's ability to perform the services. If a proposer fails to provide supplemental information within the time stated in the request, the City of Ashland may refuse to consider the proposer's proposal. The City of Ashland may request an interview with any proposer. If a proposal is unclear, or appears inadequate, the proposer may be given an opportunity in the interview to explain how the proposal complies with the REP. The City of Ashland reserves the right to make such investigation it deems appropriate to determine whether a proposer is qualified to provide the services. If a proposer fails to cooperate with an investigation, or if a proposer provides false, misleading or incomplete information, the City of Ashland may refuse to consider the proposer's proposal. In cases of doubt or differences of opinion concerning the interpretation of this RFP, the City of Ashland reserves the exclusive right to determine the intent, purpose and meaning of any provision in this RFP. RFP — Safety Training, Page 10 of 30 SCOPE OF SERVICES The City of Ashland intends to contract for OSHA required safety training classes and job observations for the City's Public Works Department. The consultant will be required to conduct a monthly safety training class and two (2) onsite job observations. The job observations and/or crew audits are being requested to provide an outside opinion on the City's safe work practices. The focus of job observations is for behavioral purposes and hazard analysis. The City will also consider proposals for individual safety training classes conducted onsite or via zoom in classroom and/or safety training videos employees can access online and watch individually on their own. The Public Works Department consists of approximately 60 employees that work in the following divisions: • Fleet Maintenance • Facilities Maintenance • Street • Water • Water Treatment Plant • Wastewater • Wastewater Treatment Plant • Information Technology Safety training classes are required to be compliant with the Oregon OSHA rules, and any other applicable rules, as follows: • Division 1, General Administrative Rules • Division 2, General Occupational Safety and Health Rules • Division 3, Construction Rules The general level of trainin14 (initial level, awareness level or refresher level) required is as follows: Public Works: 90% Refresher, 10% Initial for new hires Location for safety training classes: City of Ashland, Service Center, 90 N. Mountain Avenue, Ashland, OR 97520. Classes are held in the lunchroom/conference room (16' X 40'). Internet access and a large wide screen television is available in the room. RFP — Safety Training, Page 11 of 30 NOTE: The following information is being provided to give you examples of the safety training classes that are applicable now. These lists are not inclusive. The actual safety training classes that are scheduled may be subject to change depending on the department's needs and requirements at that time. Public Works Department 1. CPRJFirst Aid/AED Training (30) 2. CPR/First Aid/AED Training (30) 3. Back Safety 4. Job Observation 5. Work Zone Traffic Control Flagging 6. Excavations 7. Hand & Portable Power Tools 8. Boom Truck & Crane Safety 9. ERP: Vault Rescue 10. Safety Data Sheets 11. Bloodbome Pathogens 12. Ladders and Fall Protection 13. Forklift Training 14. Dog Bite Prevention 15. Chainsaw Use 16. Heat Illness Prevention 17. Fire Extinguisher 18. Defensive Driving *There are no boom trucks in PW fleet. PW uses '/4to 112, ton jib hoist cranes and trolley cranes up to 4 tons. Scheduling safety training classes: Safety training classes, agendas and priorities will be coordinated in advance with Wes Hoadley, Public Works Maintenance Safety Super -visor. The scheduling of onsite safety training classes and job observations is somewhat flexible and can be scheduled during normal work hours. Public Works: Tuesdays, Wednesdays or Thursdays (crews work 4-1 Os and may be off Monday or Friday) The following information is being provided to brief you on how the safety training classes and job observations are currently scheduled. However, as previously stated the schedule is flexible and the City will consider alternative scheduling options. Currently, the monthly safety training class held for the Public Works Department is conducted on Thursday beginning at 7:00am and can last 1-3 hours depending on the class curriculum. The two (2) job observations for the Public Works Department are scheduled for the same day and may require approximately one hour for each job observation which will be dependent on the actual jobs being performed in the field by the Public Works crews on that day. *It is preferred that safety training classes be kept to one (1) or two (2) hours; however, we understand that some training material may require additional time. All safety training classes should be facilitated in a timely manner appropriate for the subject matter. RFP — Safety Training, Page 12 of 30 Consultant's Responsibilities The successful consultant will provide professional services that include, but are not limited to: • Coordinate a variety of safety training classes and course curriculums to ensure the safety training classes will accommodate and satisfy the mandatory safety training needs and requirements. • Research and prepare appropriate and applicable class and presentation materials to accomplish safety training needs and requirements. • Provide qualified and competent instructors and furnish all supplies, equipment, tools and incidentals required for the class curriculum, all of which must meet or exceed industry standards. • Assume responsibility for all class materials used during safety training classes. • Conduct safety training classes, supply presentation and class materials, and document attendees. • Perform record keeping per OSHA requirements, including the documentation of attendance records and agendas for safety training classes. • Evaluate current work types and advise on practical training techniques. • Perform a minimum of two onsite job observations and/or crew audits each month. Job observation findings, recommendations, and improvement reports are to be submitted to Wes Hoadley, Public Works Maintenance Safety Supervisor. The results of the job observations may also be reviewed and critiqued with the public works crews during their next safety training class. • Acquire and maintain a valid City of Ashland business license during the term of the contract. • Perform the scope of work using the standards of care, skill and diligence normally provided by a professional in the performance of such services in respect to similar work and comply with all applicable codes and industry standards. City Responsibilities In the development and implementation of this contract the City of Ashland will assume the following responsibilities: Provide a project manager for the Public Works Department. (Wes Hoadley, Public Works Maintenance Safety Supervisor, will be managing the contract for safety training.) • Provide meeting space and notification to personnel on dates and times of safety training classes. • Provide timely reviews of safety consultant's reports or other submittals. RFP — Safety Training, Page 13 of 30 PROPOSAL CONTENTS Proposals shall provide a straightforward, concise description of the pro -poser's capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content. Submissions of technical literature, display charts, or other supplemental materials are the responsibility and within the discretion of the proposer. The proposal must contain and be organized in accordance with the following section titled Proposal Contents. The proposer assumes the sole risk and responsibility of all expenses connected with the preparation of its proposal. Letter of Introduction / Cover Pal4e ✓ Include a letter of introduction addressed to Wes Hoadley, Public Works Maintenance Safety Supervisor and signed by a person legally authorized to bind the proposer to its proposal. The letter will introduce the company and include the company name, principal contact name, physical address, mailing address, telephone number, fax number and email address. The letter of introduction may also introduce the proposal and summarize the key provisions of the proposal. Table of Contents ✓ Include a clear identification of the material by section and by page number. Proposal Submission Form ✓ Complete and include the Proposal Submission Form attached as Exhibit A. Qualifications and Experience ✓ Include or describe the level of experience and number of years of experience the proposer has providing and conducting safety training classes and/or job observations specifically for Public Works crews. ✓ Provide the names and titles of each instructor, their specific qualifications, credentials and level of experience (practical and educational) that the proposer intends to assign to conduct safety training classes and job observations. If there are multiple instructors, include the safety training classes that will be assigned to each of the instructors. Resumes may be submitted as supplemental information. ✓ Describe and/or explain how the proposer typically conducts safety training classes. In addition, DVDs or the website addresses for online videos may be submitted as supplemental information. ✓ Describe and/or explain how the proposer typically conducts job observations. In addition, DVDs or the website addresses for online videos may be submitted as supplemental information RFP — Safety Training, Page 14 of 30 Safety Trainin14 Classes ✓ Provide a list of the proposed safety training classes, including brief over -views for each class, relative to topics appropriate for the Public Works Department the proposer is qualified and capable to conduct now. Refer to the list (Items 1- 18) on page 12 of this RFP and identify which of these topics are included in each of your safety training classes. ✓ Provide a brief example outlining the initial 12-month schedule (April 2023 to March 2024) for conducting monthly safety training classes and job observations. o Name of safety training class, include day of the week, calendar date, start time and class time required o Job observations —day of the week, calendar date and time allotted for job observations o Name of instructor (only if there are multiple instructors) References ✓ Provide a minimum of three (3) references, preferably public works clients, the proposer has/is currently providing a similar scope of services. The City reserves the right to verify these references. Include the following information for each reference: • Name of company • Contact name of individual who can verify the account and your performance • Telephone number • Email address • Identify the services being provided to each reference Contractual Terms and Conditions The successful proposer will enter into an agreement with the City of Ashland, Oregon, in aform substantially similar to that attached hereto as Exhibit D. ✓ Indicate acceptance of the City's contract provisions found in the Goods and Services Agreement attached as Exhibit D or suggest reasonable alternatives that do not substantially impair the City's rights under the agreement. Some contract terms and conditions may be negotiable. ✓ The Certificate of Compliance attached as Exhibit B, As required to be signed and included with your proposal. RFP — Safety Training, Page 15 of 30 Cost Proposal IMPORTANT: The Cost Proposal (fee schedules, including any alternative pricing options) are to be submitted separately from the technical proposal in a sealed envelope marked "COST PROPOSAL" per the submission instructions on page 16. ✓ Provide a detailed and complete fee schedule for a 5-Year Contract, including expenses if applicable for travel, lodging and meals, preferably at federal per them rates, for conducting a monthly safety training class and two (2) job observations for the Public Works Department. Proposers may also propose alternative pricing options for the City's consideration. Example of Fee Schedule — if your cost per month is all inclusive: 5-YEAR CONTRACT Firm Cost Per Month (All Inclusive) Annual Cost Year I April 2023 — March 2024 $ Year 2 April 2024 — March 2025 $ $ Year 3 April 2025 — March 2026 $ $ Year 4 April 2026 — March 2027 $ $ Year 5 April 2027 — March 2028 $ $ TOTAL COST (5-Years) $ If your cost per month is itemized and dependent on the safety training class, number of safety training classes, and/or other factors: Please provide a fee schedule that reflects the proposed monthly costs, annual costs and total cost for a 5-year contract. If you are proposing a variable pricing strategy or price range, a not to exceed (NTE) amount per month is mandatory. Affidavit of Trade Secret (if applicable) ✓ If applicable, complete the Affidavit of Trade Secret submission form attached hereto as Exhibit C and submit a redacted copy of the proposal being submitted in response to this RFP. IMPORTANT: Proposals become public information after the City releases a Notice of Intent to Award a Public Contract. It is important to submit a fully redacted copy of the proposal if it contains confidential trade secrets. A description of services being acquired by the City and the costs associated with those services are NOT considered confidential information. RFP — Safety Training, Page 16 of 30 PROPOSAL SUBMISSION REQUIREMENTS The complete written proposal is to be submitted with multiple copies as follows: TECHNICAL PROPOSAL ® One (1) original copy of the complete proposal SIGNED IN INK ® Two (2) additional copies of the complete proposal COST PROPOSAL Cost proposal must be submitted separately from the technical proposal in a sealed envelope as follows: ® One (1) original copy of the complete proposal SIGNED IN INK ® Two (2) additional copies of the complete proposal The complete proposal, including the additional copies, are to be submitted in a single SEALED ENVELOPE (or box) labeled as follows and received at the following address: Purchasing Specialist City of Ashland 90 N. Mountain Avenue Ashland, OR 97520 Contents: Request for Proposal SAFETY TRAINING Due by: 2:00:00 PM (PST), Thursday, January 26, 2023 Please note: Late proposals will not be considered. No exceptions. It is recommended that you request available delivery options for the City of Ashland, Oregon area and verify that your method of shipment will arrive prior to the due date and time. DUE DATE AND TIME: The proposals must be received at the designated address listed above by 2:00:00 PM (PST), Thursday, January 26, 2023. Late proposals will not be considered. Faxed or emalled proposals will not, be considered. Period of Irrevocability Proposals will be offers that are irrevocable for a period of sixty (60) days after the time and date proposals are due. Proposals will contain the name, address and telephone number of an individual or individuals with authority to bind the company during the period in which the proposal will be evaluated. RFP — Safety Training, Page 17 of 30 EVALUATION PROCESS In accordance with ORS 279B.060 (14), The City shall award the contract to the responsible proposer whose proposal the City determines in writing is the most advantageous to the City based on the evaluation process and evaluation criteria described in this RFP, applicable preferences described in ORS 279A.120, 279A.125 and 279A.128, and, when applicable the outcome of any negotiations authorized by the RFP. Other factors may not be used in the evaluation. An evaluation committee appointed by the City of Ashland will evaluate the proposals based on the evaluation criteria established in this Request for Proposals. Each category will be scored with a number of points, up to the maximum number of points assigned to each category. The greater the number of points assigned to a category, the greater the category's level of importance. Each proposal will be evaluated, scored and then ranked according to the evaluation criteria set forth in this RFP. After the initial evaluation of the proposals has been completed, the Evaluation Committee may request clarifications. Requests for clarifications will be processed via email by the sole point of contact identified on page 4 of this RFP. No additions, deletions or substitutions may be made to proposals that cannot be termed as clarifications. Proposer's responses to questions shall restate the question and provide the requested clarification. The City of Ashland may reject any proposal not in compliance with all prescribed solicitation procedures and requirements and other applicable laws, and the City may reject for good cause any or all proposals upon the City's findings that it is in the best interest of the City of Ashland. If only one responsive proposal is received, the City of Ashland reserves the right to negotiate a contract with the sole responsive proposer. The total points awarded to each proposal will be tabulated and the proposers shall be ranked accordingly. A contract with the proposer deemed to be the highest ranked proposer will then be negotiated. If negotiations with the highest ranked proposer are unsuccessful, the City of Ashland may proceed to the next highest ranked proposer, and so on until a contract is successfully negotiated. In accordance with OAR 137-047-0260(2)((b)(A)(B)(C), the statement of work will identify the scope of work to be performed under the resulting contract, outline anticipated duties of the contractor and establish the expectations for the contractor's performance of the resulting contract. The agreed upon tasks will also identify respective responsibilities of the contractor and City staff. In accordance with ORS 27913.060 (16), the City shall obtain the proposer's agreement to perform the scope of work and meet the performance standards set forth in the final negotiated statement of work. The final contract recommendation will then be subject to the approval of the City Council acting as the Local Contract Review Board. RFP — Safety Training, Page 18 of 30 EVALUATION CRITERIA The proposals will be evaluated according to the following criteria. EVALUATION CRITERIA POINTS Letter of Introduction, Table of Contents and Proposal Submission Form (Exhibit A) 10 Qualifications and Experience 25 Safety Training Classes & 12-Month Schedule 25 References 10 Contractual Terms and Conditions 5 SUBTOTAL 75 Cost Proposal 25 TOTAL 100. RFP — Safety Training, Page 14 of 30 Request for Proposals SAFETY TRAINING (Public Works Department) December 16,2022 The undersigned proposer submits this proposal in response to the City's Request for Proposals (RFP) for SAFETY TRAINING, released on December 16, 2022. The proposer warrants that proposer has carefully reviewed the RFP and that this proposal represents proposer's full response to the requirements described in the RFP. The proposer further warrants that if this proposal is accepted, the proposer will contract with the City, agrees to the terms and conditions found in the attached contract and RFP or has submitted terms and conditions acceptable to the City, and will provide all necessary labor, materials, equipment, and other means required to complete the work in accordance with the requirements of the RFP and contract documents. The proposer hereby acknowledges the requirement to carry or indicates the ability to obtain the insurance required in the contract. Indicate in the affirmative by initialing here: The proposer hereby acknowledges receipt of Addendum Nos. -, -, -, 9 to this RFP. Full legal name of company: Principle owner's name: Business Address: State and location of company headquarters: Year business established: Telephone Number: Fax Number: Email Address: Authorized Signature: Printed/Typed Name: Title: Date: RFP — Safety Training, Page 20 of 30 I W.14 as I I• Certificate of Compliance Compliance with Oregon Tax Laws: In compliance with OAR 137-047-0260(2)(e), I hereby attest or affirm under penalty of perjury: That I am authorized to act on behalf of the proposer in this matter, that I have authority and knowledge regarding the payment of taxes, and that contractor is, to the best of my knowledge, not in violation of any Oregon Tax Laws, as defined in ORS 305.380. Compliance with Nondiscrimination Laws: In compliance with ORS 279A. 110(4), OAR 137-046-0210(2) and OAR 137-047-0260(2)(a)(E), I hereby attest or affirm under penalty of perjury that I am authorized to act on behalf of proposer in this matter, and to the best of my knowledge the proposer has not discriminated and will not discriminate, in violation of ORS 279A. I I 0(l), against a minority, women or emerging small business enterprise certified under ORS 200.055 or against a business enterprise that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225 in obtaining a required subcontract. Corporate Officer: By: Signature Print Name Title: Date: RFP — Safety Training, Page 21 of 30 I M of I 1 1.19,31 IN Note: This exhibit is being provided as a courtesy because proposals become public information upon the release of a Notice of Intent to Award a Public Contract. If applicable, proposer shall complete and include this Affidavit of Trade Secret with a fully redacted version of its proposal. (Affiant), being first duly sworn under oath, and representing [Proposer's name] (Hereafter "Proposer"), hereby deposes and swears or affirms under penalty of perjury that: 1. 1 am an employee of the Proposer, I have knowledge of the Request for Proposals referenced herein, and I have full authority from the Proposer to submit this affidavit and accept the responsibilities stated herein. 2. 1 am aware that the Proposer has submitted a proposal, dated on or about [insert date] (the "Proposal"), to the City of Ashland in response to Request for Proposals for SAFETY TRAINING and I am familiar with the contents of the RFP and proposal. 3. 1 have read and am familiar with the provisions of Oregon's Public Records Law, Oregon Revised Statutes ("ORS") 192.410 through 192.505, and the Uniform Trade Secrets Act as adopted by the State of Oregon, which is set forth in ORS 646.461 through ORS 646.475. 1 understand that the proposal is a public record held by a public body and is subject to disclosure under the Oregon Public Records Law unless specifically exempt from disclosure under that law. 4. 1 have reviewed the information contained in the proposal. The Proposer believes the information listed in Exhibit A is exempt from public disclosure (collectively, the "Exempt Information"), which is incorporated herein by this reference. It is my opinion that the Exempt Information constitutes "Trade Secrets" under either the Oregon Public Records Law or the Uniform Trade Secrets Act as adopted in Oregon because that information is either: A. A formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information that: I is not patented, 11, is known only to certain individuals within the Proposer's organization and that is used in a business the Proposer conducts, In. has actual or potential commercial value, and iv. gives its user an opportunity to obtain a business advantage over competitors who do not know or use it. or B. Information, including a drawing, cost data, customer list, formula, pattern, compilation, program, device, method, technique or process that: i. Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and ii. Is the subject of efforts by the Proposer that are reasonable under the circumstances to maintain its secrecy. R-FP — Safety Training, Page 22 of 30 I understand that disclosure of the information referenced in Exhibit A may depend on official or judicial determinations made in accordance with the Public Records Law. Affiant's Signature State of ss: County of Signed and sworn to before me on (date) by (Affiant's name). Notary Public for the State of My Commission Expires: IMPORTANT: Proposals become public information after the City releases a Notice of Intent to Award a Public Contract. It is important to submit a fully redacted copy of the proposal if it contains confidential trade secrets. A description of services being acquired by the City and the costs associated with those services are NOT considered confidential information. RFP — Safety Training, Page 23 of 30 1 *114 111 10 0 go City of Ashland GOODS AND SERVICES AGREEMENT CITY OF SHLACONTACT: AND 20 East Main Street ADDRESS: Ashland, Oregon 97520 Telephone: 541/488-5587 PHONE: Fax: 541/488-6006 I akyj N I I This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and (XXXXXXXXXXXXXXXXXX, a domestic business corporation hereinafter "Contractor"), for (give very brief description of goods and services). CONTRACTOR'S OBLIGATIONS 1.1 Provide more detailed description of goods and services as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Contractor expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The goods and services defined and described in the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as "Work." 1.2 Contractor shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability; and • Workers' Compensation. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each, provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; RFP — Safety Training, Page 24 of 30 • Contractor shall immediately notify the City of any change in insurance coverage • Contractor shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. 1.3 Contractor shall, at its own expense, maintain Worker's Compensation Insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of its subject workers. As evidence of the insurance required by this Agreement, the Contractor shall furnish an acceptable insurance certificate prior to commencing any Work. 1.4 Contractor agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Contractor. Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Contractor agrees not to discriminate against a disadvantaged business enterprise, minority -owned business, woman -owned business, a business that a service -disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractors of the Contractor's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirements: If the amount of this Agreement is $24,050.68 or more, Contractor is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Contractor is also required to post the notice attached hereto as "Exhibit A" predominantly in areas where it will be seen by all employees. 2 CITYS OBLIGATIONS 2.1 City shall pay Contractor the sum of $XXXYM (could be hourly rate or lump sum amount) as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Contractor's total of all compensation and reimbursement under this Agreement exceed the sum of $XXXXX (this is maximum, not to exceed amount, of entire Agreement) without express, written approval from the City official whose signature appears below, or such official's successor in office. Contractor expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Contractor further acknowledges that any Work delivered, or expenses incurred without authorization as provided herein is done at Contractor's own risk and as a volunteer without expectation of compensation or reimbursement. Page 25 of 30: Internet Bandwidth Service Agreement 3 GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Contractor and is free to procure similar types of goods and services from other contractors in its sole discretion. 3.2 Contractor is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Contractor is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance, paid leave, and retirement. 3.4 Contractor shall not assign this Agreement or subcontract any portion of the Work to be provided hereunder without the prior written consent of the City. Any attempted assignment or subcontract without written consent of the City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by the City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and the City. 3.5 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements, negotiations, and representations between the parties, whether written or oral. 3.6 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.6.1 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220, 27913.230 and 27913.235. 3.8 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.9 Contractor shall defend, save, hold harmless and indemnify the City and its officers, employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Contractor or its officers, employees, contractors, or agents under this Agreement. 3.10 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's officers, employees or agents. 3.11 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Contractor and the City set forth in this Agreement. 3.12 Deliveries will be F.O.13 destination. Contractor shall pay all transportation and handling charges for the Goods. Contractor is responsible and liable for loss or damage until final inspection and Page 26 of 30: Internet Bandwidth Service Agreement acceptance of the Goods by the City. Contractor remains liable for latent defects, fraud, and warranties. 3.13 The City may inspect and test the Goods. The City may reject non -conforming Goods and require Contractor to correct them without charge or deliver them at a reduced price, as negotiated. If Contractor does not cure any defects within a reasonable time, the City may reject the Goods and cancel this Agreement in whole or in part. This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code, ORS Chapter 72 (UCC). 3.14 Contractor represents and warrants that the Goods are new, current, and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor, material and manufacture. Contractor shall transfer all warranties to the City. 4. SUPPORTING DOCUMENTS 4.1 The following documents are, by this reference, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The Contractor's complete written XXXXY—X dated XXXXXX 4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the SUPPORTING DOCUMENTS, the several supporting documents shall be given precedence in the order listed in Article 4.1. 5. REMEDIES 5.1 In the event Contractor is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: 5. 1. 1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Contractor has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief, 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent, and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Contractor for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Contractor exceed the amount due, Contractor shall pay immediately any excess to City upon written demand provided. Page 27 of 30: Internet Bandwidth Service Agreement 6. TERM AND TERMINATION 6.1 Tenn This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until XXXXXXXX, unless sooner terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Contractor may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: With a copy to: City of Ashland — Legal Department 20 E. Main Street Ashland, Oregon 97520 Phone: (541) 488-5350 If to Contractor: Contractor's name Attn: XXXX XXXXXXX City, State One or more waivers or failures to object by either party to the other's breach of any provision, term, condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach, whether or not of the same nature. 9.1 Contractor represents and warrants to the City that: 9.1.1 Contractor shall, throughout the term of this Agreement, including any extensions hereof, comply with: Page 28 of 30: Internet Bandwidth Service Agreement (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (11) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Contractor; and (11i) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 CONTRACTOR, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (1) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Contractor; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 CONTRACTOR's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Contractor's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement, at law, or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. 1-2 Joseph L. Lessard, City Manager Purchase Order No. F-11119 2 Printed Name wil City Attorney Date XXXXXXXXXXX(CONTRACTOR): RN Signature Printed Name Title MR (W-9 is to be submitted with this signed Agreement) Page 29 of 30: Internet Bandwidth Service Agreement koftly of Ashland LIVIMG For all he worked under a. wrk.e wn�act beMeen their employer and the City of AJ-dand ff,the contract exceeds $24,050.68 orvtore. For- all hc=wc6edin a month, if the employee -p&nd-. W3`o or more of the employee 't time !n the Momh workirio on a pqw at June 30 �by the Consumer Price liftidex. portion of the bzMess: of Jje'jf eMpjOyeF, if tht employer has ran of more es employe, and has received financial assistance fore rojed, or kiziness from the City of A-.Fbnd over $20*6G; If their erriployeristhe City, of Ashland, includiq the Parks. and Recreation Depa"m. In calculating the living wage„ employer. may add *WVNUe of he& care,,rebren-ent, M K, and IRS eligible cafet6a plarr. (including childcare) k enefi-b to fie employees amount of wages. NOe: For temporary and part -tines employees, the l 4ng Wage does. not apply to tlfirst 104G hours. wAed in any calendar year. For mare detail l: ', please see Ashland Mwiicipal Code 3evign 3,12LOO, Call the Ashland City Managers office, at 5414BB-6002 or wite to the QV Manager, City Hall, 20 East Win Street, Ashland,,OR 97520, orvisit the Ciys bsite at wo.w,ashland.of.us, Notice to Eniplayers: Thisnotice mot be posted in areas Where ii be seen illy ; all employees. Page 30 of 30: Internet Bandwidth Service Agreement City of Ashland Request for Proposal SAFETY TRAINING — PUBLIC WORKS Evaluation Summary February 22, 2023 Integrity Safety PBS Engineering Points G2 Consultants Services and Environmental Evaluation Criteria Inc. #1 #2 #3 #1 #2 #3 #1 #2 #3 Letter of Introduction, Table of Contents and 10 9 10 10 7 6 5 7 8 10 Proposal Submission Form (Exhibit A) Qualifications and 25 23 23 25 17 21 is 20 21 20 Experience Safety Training Classes & 25 23 25 23 17 22 20 20 24 17 12-Month Schedule References 10 9 8 8 4 8 8 9 8 10 Contractual Terms and 5 5 5 5 3 5 5 4 5 5 Conditions SUBTOTAL 75 69 71 71 48 62 53 60 66 62 Cost Proposal 25 22.38 22.38 22.38 25 25 25 23.55 23.55 23.55 TOTAL 100 91.38 93.38 93.38 73 87 78 83.55 89.55 85.55 RFP Safety Training — Public Works Department, Evaluation Summary, Page I of 1 Cound Business Meeting Agenda Item Safety Training Contract for Electric Utility Department From Thomas McBartlett III I Electric Utility Director Item Type Requested by Council El Update 0 Request for Approval M Preseni SUMMARY Approval is being requested for a contract award exceeding $75,000.00. A formal competitive sealed proposal (Request for Proposal) is the required sourcing method for an acquisition of this type (Personal Services) greater than $75,000.00. The City's intent is to award a five (5) year contract to the highest ranked proposer, Evergreen Job & Safety Training, |nc10 provide onaite safety training for the Electric Utility Department. POLICIES, PLANS & GOALS SUPPORTED Maintain OSHA compliance, a safe and healthy workforce, and a reliable electric utility. BACKGROUND AND ADDITIONAL INFORMATION A formal RFP (Request for Proposal) was facilitated, and the City received two proposals in response to the RFP. The proposals were evaluated in accordance with the evaluation process and criteria outlined in the RFP and the Cik/n intent iato mvvmrd o public contract tothe highest ranked proposer. In accordance with AMC 2.50.070(2), this contract exceeds delegated authority and thus requires Council approval. |naccordance with AMC 2.5O.08Oand AMC 25O]20(A),oformal Competitive Sealed Proposal (Request for Proposal) inrequired tbacquire personal services exceeding $75,OOO.00. Please refer to the attached solicitation - Request for Proposals - for the scope of services. FISCAL IMPACTS The Electric Utility Department budgets for onsite safety training each fiscal year. 5-YEAR CONTRACT Firm Cost Per Month (All Inclusive) Annual Cost TOTAL COST (5-Years) $166,800.00 Page lof2 Council Business Meeting DISCUSSION QUESTIONS The Electric Department must provide safety training to remain OSHA compliant. Safety instructors need to have proper certifications to meet OSHA requirements. Outsourcing this training saves the department money compared to what it would cost to have City staff provide the troininge. SUGGESTED NEXT STEPS Staff recommends the public contract for onsiteSafety Training for the Electric Department be awarded to Evergreen Job & Safety Training, Inc. REFERENCES & ATTACHMENTS Request for Proposal for Safety Training for Electric Utility Department Evaluation Summary Page 2of2 W, I • F A74k!"SoHLAND SAFETY TRAINING (Onsite for the Electric Utility Department) !1111111 il iiiii Ili iiiii Ili Ill Ill IF II IN 11:11i Ili Contracting Agency: Sole Point of Contact: Title: Address: Telephone: Fax: Email: City of Ashland Kari Olson Purchasing Specialist City of Ashland 90 N. Mountain Avenue Ashland, OR 97520 (541) 488-5354 (541) 488-5320 kari.olson(a-),ashland.or.us RFP — Safety Training, Page 1 of 29 1. PUBLIC NOTICE 2. PROPOSAL PROCESS 4 3. SCHEDULE OF EVENTS 4. SCOPE OF SERVICES 5. PROPOSAL CONTENTS 13 6. PROPOSAL SUBMISSION REQUIREMENTS 16 7. EVALUATION PROCESS 17 8. EVALUATION CRITERIA 18 EXHIBIT A - PROPOSAL SUBMISSION FORM EXHIBIT B - CERTIFICATE OF COMPLIANCE EXHIBIT C - AFFIDAVIT OF TRADE SECRET EXHIBIT D - GOODS AND SERVICES AGREEMENT RFP — Safety Training, Page 2 of 29 PUBLIC NOTICE: r, Request for Proposals SAFETY TRAINING (Onsite for the Electric Utility Department) Proposals are due by 2:00:00 PM (PST), Thursday, January 19, 2023 The City of Ashland is requesting written proposals from firms or individuals that are interested in providing onsite Safety Training classes and job observations for the City's Electric Utility Department. Currently, the City of Ashland has a safety consultant that performs various onsite OSHA required safety training classes for the Electric Utility Department. One day per month, the safety consultant conducts an onsite safety training class with the electric crew and performs two onsite job observations. The job observations and/or crew audits are being requested to provide an outside opinion on the City's safe work practices. The City intends to enter into a contract with the highest ranked proposer for a maximum term of five (5) years. This Request for Proposal (RFP) is intended to provide prospective proposers with sufficient information to prepare and submit a proposal for consideration by the City. The REQUEST FOR PROPOSALS is available online at www.ashland.or.us Log on to the City's website, scroll down the home page to Online City Services and click on "Proposals, Bids and Notifications". Locate the public notice and click on "REQUEST BID PACKET" (beneath the public notice). Log into the system and download the solicitation documents. You will need to log into the system each time you would like to download the solicitation documents and any subsequently issued addenda. In accordance with AMC Section 2.50,080, Competitive sealed proposals may be available online, but applicants will NOT be able to submit their proposals and/or responses online. Proposals must be delivered in hard copy form to the City in accordance with the requirements outlined in the RFP. Individuals that obtain the solicitation materials electronically are responsible for regularly checking for instructions, addenda, and related materials. Contract terms, conditions and specifications may be reviewed in the City of Ashland, Purchasing Office, located at 90 N. Mountain, Ashland, Oregon. Deadline for submitting questions is 5:00:00 PM (PST), Thursday, January 5, 2023. Sealed proposals must be received by 2:00:00 PM (PST), Thursday, January 19, 2023, by Kari Olson, Purchasing Specialist in the City of Ashland, Purchasing Office located at 90 N. Mountain Avenue, Ashland OR 97520. The proposals will be opened at 2:00:00 PM (PST), Thursday, January 19, 2023, and the City will record and make available the identities of the proposers. Proposals will not be available for inspection until after the evaluation process has been completed and the Notice of Intent to Award has been issued. Kari Olson Purchasing Specialist City of Ashland, Oregon Kari. o l s on(&,,ashl and. or. u s Tel: 541-488-5354 Published: December 5, 2022 RFP — Safety Training, Page 3 of 29 Request for Proposals SAFETY TRAINING (onsite for the Electric Utility Department) December 5, 2022 ORS 279B.060(2)(c) PURPOSE OF REQUEST FOR PROPOSALS The City of Ashland is requesting written proposals from firms or individuals that are interested in providing onsite Safety Training classes and job observations for the City's Electric Utility Department. Currently, the City of Ashland has a safety consultant that performs various onsite OSHA required safety training classes for the City's Electric Utility Department. One day per month, the safety consultant conducts an onsite safety training class with the electric crew and performs two onsite job observations. The job observations and/or crew audits are being requested to provide an outside opinion on the City's safe work practices. The City intends to enter into a contract with the highest ranked proposer for a maximum term of five (5) years. This Request for Proposal (RFP) is intended to provide prospective proposers with sufficient information to prepare and submit a proposal for consideration by the City. ORS 279B.060(2)(b) SOLE POINT OF CONTACT Information, correspondence and questions pertaining to this Request for Proposals (RFP) shall ONLY be directed to: Name: Kari Olson Title: Purchasing Specialist Address: City of Ashland 90 N. Mountain Avenue, Ashland, OR 97520 Telephone: 541-488-5354 Fax: 541-488-5320 Email: Kari.olson(&,,ashland.or.us This person is the sole point of contact during the entire RFP process including clarification and/or protest of specifications, method of bidding, the evaluation and award process, and/or other questions that may arise. The RFP documents may be reviewed upon request by contacting the designated sole point of contact listed above. OAR 137-047-0260(2)(a)(C) OPENING DUE DATE AND TIME Proposals must be received prior to the scheduled opening. The opening is scheduled for the following due date and time: Proposals are due by: 2:00:00 P (PST), Thursday, January 19, 2023 RFP — Safety Training, Page 4 of 29 The proposal must be addressed to the designated sole point of contact and received prior to the due date and time. Proposals received after CLOSING are considered LATE and will NOT be accepted for evaluation. Late proposals will not be considered. OAR 137-047-0260(2)(c)(A) SCHEDULE OF EVENTS ACTIVITY DATE Request for Proposals Released December 5, 2022 1st Public Notice December 5, 2022 Deadline for Submitting Questions and 5-00:00 PM (PST), Thursday, January 5, 2023 Requests for Additional Information RFP Protest Period Ends 5:00:00 PM (PST), Monday, January 9, 2023 DUE DATE AND TIME 2:00:00 PM (PST), Thursday, January 19, 2023 (Note: Proposals must be received prior to the due date and time.) Location: City of Ashland, Purchasing Office 90 N. Mountain, Ashland, OR 97520 Evaluation Process January 20-25, 2023 Contract Recommendation Upon completion of evaluation process Notice of Intent to Award Announcement (7) Days prior to executing contract Award Protest Period Ends (7) Days after Notice of Intent to Award is released Contract Recommendation February 7, 2023 Presented to City Council for Final Approval Contract Award Upon Council Approval and (7) Days after the Notice of Intent to Award Announcement Services intended to begin March 2023 NOTE: This is a tentative schedule and is provided as a courtesy to potential proposers. The actual schedule may vary from that provided without notice to potential proposers. Any changes made to the closing date of the RFP will be made in the form of an addendum and mailed to all potential proposers who have received RFP documents. QUESTIONS AND REQUESTS FOR ADDITIONAL INFORMATION: All potential proposers are encouraged to ask questions and request additional information that will aid in the clarification of the REP requirements. Questions and requests for information will be promptly considered, and written responses will be provided in the form of a written addendum and posted on the City's website. All inquiries, whether relating to the RFP process, administration, deadline or method of award, or to the intent or technical aspects of the RFP must: • Be delivered via email to the Sole Point of Contact identified on page 4 of the RFP • Reference the name of the RFP • Identify the proposer's name and contact information • Be sent by an authorized representative • Refer to the specific area of the REP being questioned (i.e. page, section and paragraph number); and • Be received by the due date and time for Questions/Requests for Clarification identified in the schedule OAR 137-047-0260(2)(a)(F) Addenda The provisions of this REP cannot be modified by oral interpretations or statements. Proposers are cautioned not to make any assumptions as to the implied meaning or intent of any part of the RFP. Proposers should request clarification. If inquiries or comments REP — Safety Training, Page 5 of 29 by proposers raise issues that require clarification by the City, or the City revises any part of this UP, addenda will be provided in the form of a written addendum and posted on the City's website. Receipt of an addendum must be acknowledged by signing and returning it with the proposal. Addenda will be issued within a reasonable time to allow prospective proposers to consider the addenda in preparing their proposals. Unless a different deadline is set forth in the addendum, a proposer may submit a request for change or protest by the close of the next business day after the issuance of the addendum, or up to the last day the UP Protest Period ends, whichever date is later. If the date established in the previous sentence falls after the UP Protest Period ends, the City will consider a request for change or protest to the addendum only. Addenda shall not be issued less than 72 hours before the closing unless the addendum also extends the closing. ORS 279B.405 Protest Solicitation Process A prospective proposer for a public contract solicited under ORS 279B.055, 279B.060 or 279B.085 may file a protest with the City if the prospective proposer believes that the procurement process is contrary to law or that a solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name. If a prospective proposer fails to timely file such a protest, the prospective proposer may not challenge the contract on grounds under this subsection in any future legal or administrative proceeding. If the protest is received at least 10 days prior to bid closing and meets the requirements of ORS 279B.405, the City shall consider the protest and issue a decision in writing. Otherwise, the City shall promptly notify the prospective proposer that the protest is untimely or that the protest failed to meet the requirements and give the reasons for the failure. The City shall issue a decision on the protest no fewer than three business days before proposals are due, unless a written determination is made by the City that circumstances exist that justify a shorter time limit. Protests must: • Be delivered to the Sole Point of Contact identified on page 4 via email, facsimile, hard copy • Reference the name of the UP • Identify prospective proposer's name and contact information • Be sent by an authorized representative • State the Reason for the protest, including: • the grounds that demonstrate how the procurement process is contrary to law, unnecessarily restrictive, legally flawed, or improperly specifies a brand name; and • evidence or documentation that supports the grounds on which the protest is based • State the proposed changes to the UP provisions or other relief sought • Protests to the UP must be received by the due date and time identified in the schedule • Protests to addenda must be received by the close of the next business day after the issuance of the addendum, or up to the last day the UP Protest Period ends, whichever date is later. OAR 137-047-0440 Pre -Closing Modification or Withdrawal of Offers A proposer may modify its proposal in writing prior to the closing in accordance with OAR 137-047-0400, OAR 137-047-0410 and OAR 137-047-0440. Any modification must include the proposer's statement that the modification amends and supersedes the prior proposal. A proposer in accordance with OAR 137-047-0440 may withdraw its proposal by written notice s ' ubmitted on proposer's letterhead, signed by authorized representative of the proposer, and delivered to the individual and location specified in the solicitation document prior to closing. OAR 137-047-0460 Late Offers, Late Withdrawals and Late Modifications Any proposal received after closing is late. A proposer's request for withdrawal or modification of a proposal received after closing is late. An Agency shall not consider late proposals, withdrawals or modifications except as permitted in OAR 137-047-0470 or 137-047-0262. Proposal Acceptance Proposals that do not address all areas requested by this UP may be deemed non- RFP — Safety Training, Page 6 of 29 responsive and may not be considered for any possible contract awarded resulting from this RFP. ORS 279B.060(2)(e) Cancel, Reject or Delay Procurement The City of Ashland may cancel the procurement, reject in whole or in part any or all proposals, or suspend or delay the procurement in accordance with ORS 279B. 100 when it's in the best interest of the City of Ashland as determined by the City of Ashland. In no event shall the City of Ashland have any liability for the cancellation, rejection, or suspension of a solicitation or award. The proposer assumes the sole risk and responsibility of all expenses connected with the preparation of its proposal. Collusion By submitting a proposal, proposer certifies that no officer, agent, or employee of the City of Ashland has a monetary interest in this proposal; that the proposal is made in good faith without fraud, collusion, or connection of any kind with any other proposer and that the proposer is competing solely in its own behalf without connection with, or obligation to, any undisclosed person or company. Disputes In case of any doubt or differences of opinions as to the items or services to be furnished hereunder, or the interpretation of the provisions of the RFP, the decision of the City of Ashland shall be final and binding upon all parties. Clarification of Responses ' The City of Ashland reserves the right to request clarification of any item in any proposal, or to request additional information necessary to properly evaluate a proposal. References The City of Ashland reserves the right to investigate any and all references and the past performance information provided in the proposal with respect to proposer's successful performance of similar projects, compliance with specifications and contractual obligations, completion or delivery of a project on schedule, and lawful payment of employees and workers. Recyclable and Recycled Products Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this RFP. ORS 279A.125 The City shall give preference to goods that are certified to be made from recycled materials if the recycled product is available, meets applicable standards, can be substituted for a comparable non- recycled product; and the recycled products costs do not exceed the costs of non - recycled products by more than five percent, or a higher percentage if a written determination is made by the City. ORS 282.210 All printing, binding and stationery work done for the City shall be performed within the State of Oregon. ORS 279B.060(2)(g) If required under ORS 468A.710, the contractor or subcontractor is required to possess an asbestos abatement license. AMC Chapter 3.12 LivinI4 Wal4e If the contract exceeds $24,050.68 the contractor will be required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage to applicable employees, as defined in this chapter, performing work under this contract and to* any applicable subcontractor who performs 50% or more of the service work under this contract, The Living Wage is $17.02 per hour effective June 30, 2022 and increases annually every June 30 by the Consumer Price Index. In calculating the living wage, employers may add the value of health care, retirement, 401K and IRS eligible cafeteria plans (including childcare) benefits to the amount of wages received by the employee. It is the responsibility of the proposer to review and comply with the Living Wage ordinance requirements, which can be viewed online at www.ashland.or.us. RFP — Safety Training, Page 7 of 29 *** The Living Wage is $17.02 per hour effective June 30, 2022 *** (Increases annually every June 30 by the Consumer Price Index) ORS 279B.060(6)(a) Opening Procedures Notwithstanding ORS 192.410 to 192.505, proposals may be opened in a manner to avoid disclosure of contents to competing proposers during, when applicable, the process of negotiation, but the City of Ashland shall record and make available the identity of all proposers as part of the City's public records after the proposals are opened. Notwithstanding ORS 192.410 to 192.5 05, proposals are not required to be open for public inspection until after the notice of intent to award a contract is issued. The fact that proposals are opened at a meeting, as defined in ORS 192.610, does not make the contents of the proposals subject to disclosure, regardless of whether the public body opening the proposals fails to give notice of or provide for an executive session for the purpose of opening proposals. OAR 137-047-0260(2)(a)(E) Certification of Nondiscrimination Proposer to certify that the proposer has not discriminated and will not discriminate, in violation of ORS 279A.110(1), against aminority, women or emerging small business enterprise certified under ORS 200.055 or against a business enterprise that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225 in obtaining a required subcontract. The Certificate of Compliance attached as Exhibit B, is required to be signed and included with your proposal. ORS 279B.060(6)(b) Proprietary Information (Trade Secrets) Notwithstanding any requirement to make proposals open to public inspection after the City of Ashland's issuance of a notice of intent to award a contract, the City of Ashland may withhold from disclosure to the public materials included in a proposal that are exempt or conditionally exempt from disclosure under ORS 192.501 or 192.502. All proposals are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If a proposer believes that any portion of its proposal contains any information that is a trade secret under ORS Chapter 192.501(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.410 through 192.505). If applicable, proposer shall complete and submit the Affidavit of Trade Secret attached as Exhibit C and a fully redacted version of its proposal. Proposer is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.410 through 192.505) and identifying the proposal, in whole, as exempt from disclosure is not acceptable. Agency advises each proposer to consult with its own legal counsel regarding disclosure issues. If proposer fails to identify the portions of the proposal that proposer claims are exempt from disclosure, Proposer has waived any future claim of non -disclosure of that information. ORS 279B.060(13) Notice of Intent to Award a Public Contract The City of Ashland shall provide written notice of its intent to award to all proposers pursuant to ORS 279B. 135 and OAR 137-047-06 10 at least seven (7) days before the award of the contract, unless the City determines that circumstances justify prompt execution of the contract, in which case the City may provide a shorter notice period. ORS 279B.060(14) Contract Award The City of Ashland shall award the contract to the responsible proposer whose proposal the City of Ashland determines in writing to be the most advantageous to the City of Ashland based on the evaluation process and evaluation factors described in this Request for Proposals, and any applicable preferences described in ORS 279A. 120, ORS 279A. 125 and ORS R-FP — Safety Training, Page 8 of 29 279A. 128 and, when applicable, the outcome of any negotiations authorized by this Request for Proposals. Other factors may not be used in the evaluation. In addition, any other public agency wishing to use the resulting contract may be authorized by mutual consent of the City of Ashland and the contractor. ORS 279B.410 Protest of Contract Award A proposer may protest the award of a public contract or notice of intent to award a public contract if the proposer is adversely affected because the proposer would be eligible to be awarded the public contract in the event that the protest were successful. The written protest shall specify the reasons for the protest pursuant to ORS 27913.4 1 0(l)(b) and be delivered to the sole point of contact named in the RFP within seven days after issuance of the Notice of Intent to Award a contract. The City shall consider and respond in writing to a protest in a timely manner. ORS 279B.060(2)(h) Contractual Terms and Conditions The proposer selected by the City of Ashland will be expected to enter into a written contract in the form attached to this RFP. This RFP and the contents of the proposal of the successful proposer will become contractual obligations if a contract is executed. The proposal should indicate acceptance of the City of Ashland's contract provisions or suggest reasonable alternatives that do not substantially impair the City of Ashland's rights under the contract. The proposer may also propose contractual terms and conditions that relate to subject matter reasonably identified in this Request for Proposals. The City of Ashland reserves the right to negotiate the contractual terms and conditions proposed as alternatives by the proposer. If inclusion of any of the City of Ashland's contract provisions will result in higher costs for the services, such costs must be specifically identified in the proposal. Unconditional refusal to accept the contract provisions proposed by the City of Ashland without offering acceptable alternatives may result in the disqualification of the proposal. Insurance Certificates The Contractor will be required to provide and maintain ALL required insurance certificates, and provide current Certificates of Insurance, including the City of Ashland endorsed as the additional insured, to the City prior to any lapse of insurance coverage. Additional Terms The City of Ashland reserves the right to waive irregularities or deficiencies in a proposal if the City of Ashland determines that waiver is in the best interest of the City of Ashland. The City of Ashland may request supplemental written information from a proposer concerning the proposer's ability to perform the services. If a proposer fails to provide supplemental information within the time stated in the request, the City of Ashland may refuse to consider the proposer's proposal. The City of Ashland may request an interview with any proposer. If a proposal is unclear, or appears inadequate, the proposer may be given an opportunity in the interview to explain how the proposal complies with the RFP. The City of Ashland reserves the night to make such investigation it deems appropriate to determine whether a proposer is qualified to provide the services. If a proposer fails to cooperate with an investigation, or if a proposer provides false, misleading or incomplete information, the City of Ashland may refuse to consider the proposer's proposal. In cases of doubt or differences of opinion concerning the interpretation of this RFP, the City of Ashland reserves the exclusive right to determine the intent, purpose and meaning of any provision in this RFP. RFP — Safety Training, Page 9 of 29 The City of Ashland intends to contract for onsite OSHA required safety training classes and job observations for the City's Electric Utility Department. The consultant will be required to conduct a monthly safety training class and two (2) onsite job observations. The job observations and/or crew audits are being requested to provide an outside opinion on the City's safe work practices. The focus of job observations is for behavioral purposes and hazard analysis. There are approximately 19 employees in the Electric Utility Department that are required to participate in an OSHA approved safety training program, and they include the following job classifications: ® Journeyman Lineman • Equipment Operator • Meter Relay Technician ® Electrician ® Tree Trimmer ® Meter Reader ® Warehouse Person ® Reconnect/Disconnect ® Telecommunications Technician Safety training classes are required to be compliant with the Oregon OSHA and NEC rules as follows: ® Division 1, General Administrative Rules ® Division 2, General Occupational Safety and Health Rules ® Division 3, Construction Rules ® NEC compliance training (Electric Utility) ® OSHA regulated 1910.269 categories (including telecommunications training) The general level of training (initial level, awareness level or refresher level) required is as follows: Electric Utility: "Awareness" and "refresher" levels unless we have a newly hired employee that may require "initial" level of training. (i.e., flagger certification) Location for safety training classes: City of Ashland, Service Center, 90 N. Mountain Avenue, Ashland, OR 97520. Electric Utility classes are held in the department's conference/crew room (20'x20'). Internet access and a large wide screen television is available in the room. RFP — Safety Training, Page 10 of 29 NOTE: The following information is being provided to give you examples of the safety training classes that are applicable now. These lists are not inclusive. The actual safety training classes that are scheduled may be subject to change depending on the department's needs and requirements at that time. Electric Utility Department 1. CPRJFirst Aid/AED Training 2. Electrical Bums 3. Energized Parts 4. Job Observation 5. Substations 6. Underground Electrical Installations 7. Boom Truck & Crane Safety* 8. Work Zone Traffic Control Flagger 9. ERP: Pole Top & Bucket Truck Rescue 10. Overhead Lines 11. De -energizing Lines & Equipment (Lockout & Tagout 12. Hot Stick & Grounds Testing 13. Voltage Regulations 14. Rigging 15. Heat Illness & Ladder Safety 16. Metering 17. Capacitors 18. Personal Protective Equipment Electric fleet includes the following boom trucks and cranes: 1. 2011 International Altee 60' Bucket Truck 2. 2019 Peterbilt Altee 47' Digger Derreck 3. 2019 Ford F550 Altec AT37G 4. 2019 Ford F550 Altec AT37G 5. 2008 International Line Truck Altec D3055ATR 6. 2011 International Line Truck Altee TA60 7. 2015 Ford F450 Altec AT30G Scheduling safety training classes: Safety training classes, agendas and priorities will be coordinated in advance with Thomas MeBartlett 111, Director of Electric Utility. The scheduling of safety training classes and job observations is somewhat flexible and can be scheduled during normal work hours, Monday through Friday 7:00 AM to 3:30 PM. The following information is being provided to brief you on how the safety training classes and job observations are currently scheduled. However, as previously stated the schedule is flexible and the City will consider alternative scheduling options. Z, Currently, the monthly safety training class held for the Electric Utility Department is conducted on one Friday each month beginning at 7:00am and can last until I 1:00am to 12:00prn depending on the class curriculum. The two job observations may be performed on Thursday afternoon prior to the safety training class on Friday morning or on Friday afternoon after the safety training class. The timing of the job observations will be dependent on the actual jobs being performed in the field by the electric crews on each of those days. *It is preferred that safety training classes be kept to under two (2) hours; however, we understand that some training material may require additional time. All safety training classes should be facilitated in a timely manner appropriate for the subject matter. RFP — Safety Training, Page 11 of 29 Consultant's Responsibilities The successful consultant will provide professional services that include, but are not limited to: • Coordinate a variety of safety training classes and course curriculums to ensure the safety training classes will accommodate and satisfy the mandatory safety training needs and requirements. • Research and prepare appropriate and applicable class and presentation materials to accomplish safety training needs and requirements. • Provide qualified and competent instructors and famish all supplies, equipment, tools and incidentals required for the class curriculum, all of which must meet or exceed industry standards. • Assume responsibility for all class materials used during safety training classes • Conduct safety training classes, supply presentation and class materials, and document attendees. • Perform record keeping per OSHA requirements, including the documentation of attendance records and agendas for safety training classes. • Evaluate current work types and advise on practical training techniques. • Perform a minimum of two onsite job observations and/or crew audits each month. Job observation findings, recommendations, and improvement reports are to be submitted to Thomas MeBartlett 111, Director of Electric Utility. The results of the job observations may also be reviewed and critiqued with the electric crew during their next safety training class. • Acquire and maintain a valid City of Ashland business license during the term of the contract. • Perform the scope of work using the standards of care, skill and diligence normally provided by a professional in the performance of such services in respect to similar work and comply with all applicable codes and industry standards. City Responsibilities In the development and implementation of this contract the City of Ashland will assume the following responsibilities: • Provide a project manager for the Electric Utility Department. (Thomas MeBartlett 111, Director of Electric Utility, will be managing the contract for safety training.) • Provide meeting space and notification to personnel on dates and times of safety training classes. • Provide timely reviews of safety consultant's reports or other submittals. RFP — Safety Training, Page 12 of 29 PROPOSAL C*NTENTS Proposals shall provide a straightforward, concise description of the proposer's capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content. Submissions of technical literature, display charts, or other supplemental materials are the responsibility and within the discretion of the proposer. The proposal must contain and be organized in accordance with the following section titled Proposal Contents. The proposer assumes the sole risk and responsibility of all expenses connected with the preparation of its proposal. Letter of Introduction / Cover Page ✓ Include a letter of introduction addressed to Thomas McBartlett 111, Director of Electric Utility and signed by a person legally authorized to bind the proposer to its proposal. The letter will introduce the company and include the company name, principal contact name, physical address, mailing address, telephone number, fax number and email address. The letter of introduction may also introduce the proposal and summarize the key provisions of the proposal. Table of Contents V Include a clear identification of the material by section and by page number. Proposal Submission Form V Complete and include the Proposal Submission Form attached as Exhibit A. Qualifications and Experience V Include or describe the level of experience and number of years of experience the proposer has providing and conducting safety training classes and/or job observations specifically for electric utilities. ✓ Provide the names and titles of each instructor, their specific qualifications, credentials and level of experience (practical and educational) that the proposer intends to assign to conduct safety training classes and job observations. If there are multiple instructors, include the safety training classes that will be assigned to each of the instructors. Resumes may be submitted as supplemental information. ✓ Describe and/or explain how the proposer typically conducts safety training classes. In addition, DVDs or the website addresses for online videos may be submitted as supplemental information. ✓ Describe and/or explain how the proposer typically conducts job observations. In addition, DVDs or the website addresses for online videos may be submitted as supplemental information R-FP — Safety Training, Page 13 of 29 Safety TraininLy Classes ✓ Provide a list of the proposed safety training classes, including brief overviews for each class, relative to topics appropriate for the Electric Utility Department the proposer is qualified and capable to conduct now. Refer to the list (Items 1- 18) on page I I of this RFP and identify which of these topics are included in each of your safety training classes. ✓ Provide a brief example outlining the initial 12-month schedule (March 2023 to February 2024) for conducting monthly safety training classes and job observations. o Name of safety training class, include day of the week, calendar date, start time and class time required o Job observations — day of the week, calendar date and time allotted for job observations o Name of instructor (only if there are multiple instructors) References ✓ Provide a minimum of three (3) references, preferably electric utilities, the proposer has/is currently providing a similar scope of services. The City reserves the right to verify these references. Include the following information for each reference: • Name of company • Contact name of individual who can verify the account and your performance • Telephone number • Email address • Identify the services being provided to each reference Contractual Terms and Conditions The successful proposer will enter into an agreement with the City of Ashland, Oregon, in aforni substantially similar to that attached hereto as Exhibit D. , ✓ Indicate acceptance of the City's contract provisions found in the Goods and Services Agreement attached as Exhibit D or suggest reasonable alternatives that do not substantially impair the City's rights under the agreement. Some contract terms and conditions may be negotiable. ✓ The Certificate of Compliance attached as Exhibit B, is required to be signed and included with your proposal. RFP — Safety Training, Page 14 of 29 IMPORTANT: The Cost Proposal (fee schedules, including any alternative pricing options) are to be submitted separately from the technical proposal in a sealed envelope marked "COST PROPOSAL" per the submission instructions on page 16. ✓ Provide a detailed and complete fee schedule for a 5-Year Contract, including expenses if applicable for travel, lodging and meals, preferably at federal per diem rates, for conducting a monthly safety training class and two (2) job observations for the Electric Utility Department. Proposers may also propose alternative pricing options for the City's consideration. Example of Fee Schedule — if your cost per month is all inclusive: 5-YEAR CONTRACT Firm Cost Per Month (All Inclusive) Annual Cost Year 1 March 2023 — February 2024 $ $ Year 2 March 2024 — February 2025 $ $ Year 3 March 2025 — February 2026 $ $ Year 4 March 2026 — February 2027 $ $ Year 5 March 2027 — February 2028 $ $ TOTAL, COST (5-Years) $ If your cost per month is itemized and dependent on the safety training class and/or other factors: Please provide a fee schedule that reflects the proposed monthly costs, annual costs and total cost for a 5-year contract. If you are proposing a variable pricing strategy or price range, a not to exceed (NTE) amount per month is mandatory. Affidavit of Trade Secret (if applicable) ✓ If applicable, complete the Affidavit of Trade Secret submission form attached hereto as Exhibit C and submit a redacted copy of the proposal being submitted in response to this RFP. IMPORTANT: Proposals become public information after the City releases a Notice of Intent to Award a Public Contract. It is important to submit a fully redacted copy of the proposal if it contains confidential trade secrets. A description of services being acquired by the City and the costs associated with those services are NOT considered confidential information. RFP — Safety Training, Page 15 of 29 PROPOSAL SUBMISSION REQUIREMENTS The complete written proposal is to be submitted with multiple copies as follows: TECHNICAL PROPOSAL One (1) original copy of the complete proposal SIGNED IN INK Two (2) additional copies of the complete proposal COST PROPOSAL Cost proposal must be submitted separately from the technical proposal in a sealed envelope as follows: One (1) original copy of the complete proposal SIGNED IN INK Two (2) additional copies of the complete proposal The complete proposal, including the additional copies, are to be submitted in a single SEALED ENVELOPE (or box) labeled as follows and received at the following address: Purchasing Specialist City of Ashland 90 N. Mountain Avenue Ashland, OR 97520 Contents: Request for Proposal SAFETY TRAINING Due by: 2: 00: 00 PM (PST), Thursday, January 19, 2023 Please note: Late proposals will not be considered. No exceptions. It is recommended that you request available delivery options for the City of Ashland, Oregon area and verify that your method of shipment will arrive prior to the due date and time. DUE DATE AND TIME: The proposals must be received at the designated address listed above by 2:00:00 PM (PST), Thursday, January 19, 2023. Late proposals will not be considered. Faxed or ernailed proposals will not be considered. Period of Irrevocability Proposals will be offers that are irrevocable for a period of sixty (60) days after the time and date proposals are due. Proposals will contain the name, address and telephone number of an individual or individuals with authority to bind the company during the period in which the proposal will be evaluated, RFP — Safety Training, Page 16 of 29 EVALIfAT10.1,PP.O�S In accordance with ORS 279B.060 (14), The City shall award the contract to the responsible proposer whose proposal the City determines in writing is the most advantageous to the City based on the evaluation process and evaluation criteria described in this RFP, applicable preferences described in ORS 279A. 120, 279A. 125 and 279A. 128, and, when applicable the outcome of any negotiations authorized by the RFP. Other factors may not be used in the evaluation. An evaluation committee appointed by the City of Ashland will evaluate the proposals based on the evaluation criteria established in this Request for Proposals. Each category will be scored with a number of points, up to the maximum number of points assigned to each category. The greater the number of points assigned to a category, the greater the category's level of importance. Each proposal will be evaluated, scored and then ranked according to the evaluation criteria set forth in this RFP. After the initial evaluation of the proposals has been completed, the Evaluation Committee may request clarifications. Requests for clarifications will be processed via email by the sole point of contact identified on page 4 of this RFP. No additions, deletions or substitutions may be made to proposals that cannot be termed as clarifications. Proposer's responses to questions shall restate the question and provide the requested clarification. The City of Ashland may reject any proposal not in compliance with all prescribed solicitation procedures and requirements and other applicable laws, and the City may reject for good cause any or all proposals upon the City's findings that it is in the best interest of the City of Ashland. If only one responsive proposal is received, the City of Ashland reserves the right to negotiate a contract with the sole responsive proposer. The total points awarded to each proposal will be tabulated and the proposers shall be ranked accordingly. A contract with the proposer deemed to be the highest ranked proposer will then be negotiated. If negotiations with the highest ranked proposer are unsuccessful, the City of Ashland may proceed to the next highest ranked proposer, and so on until a contract is successfully negotiated. In accordance with OAR 137-047-0260(2)((b)(A)(B)(C), the statement of work will identify the scope of work to be performed under the resulting contract, outline anticipated duties of the contractor and establish the expectations for the contractor's performance of the resulting contract. The agreed upon tasks will also identify respective responsibilities of the contractor and City staff. In accordance with ORS 27913.060 (16), the City shall obtain the proposer's agreement to perform the scope of work and meet the performance standards set forth in the final negotiated statement of work. The final contract recommendation will then be subject to the approval of the City Council acting as the Local Contract Review Board. RFP — Safety Training, Page 17 of 29 EVALUATION CRITERIA The proposals will be evaluated according to the following criteria. EVALUATION CRITERIA POINTS Letter of Introduction, Table of Contents and Proposal Submission Form (Exhibit A) 10 Qualifications and Experience 25 Safety Training Classes & 12-Month Schedule 25 References 10 Contractual Terms and Conditions 5 SUBTOTAL 75 Cost Proposal 25 TOTAL 100 RFP — Safety Training, Page 18 of 29 Request for Proposals SAFETY TRAINING (Onsite for the Electric Utility Departments) December 5, 2022 Proposal Submission Form The undersigned proposer submits this proposal in response to the City's Request for Proposals (RFP) for SAFETY TRAINING, released on December 5, 2022. The proposer warrants that proposer has carefully reviewed the RFP and that this proposal represents proposer's full response to the requirements described in the RFP. The proposer further warrants that if this proposal is accepted, the proposer will contract with the City, agrees to the terms and conditions found in the attached contract and RFP or has submitted terms and conditions acceptable to the City, and will provide all necessary labor, materials, equipment, and other means required to complete the work in accordance with the requirements of the RFP and contract documents. The proposer hereby acknowledges the requirement to carry or indicates the ability to obtain the insurance required in the contract. Indicate in the affirmative by initialing here: The proposer hereby acknowledges receipt of Addendum Nos. to this RFP. Full legal name of company: Principle owner's name: Business Address: State and location of company headquarters: Year business established: Telephone Number: Fax Number: Email Address: Authorized Signature: Printed/Typed Name: Title: Date: RFP — Safety Training, Page 19 of 29 -.10 NE Certificate of Compliance Compliance with Oregon Tax Laws: In compliance with OAR 137-047-0260(2)(e), I hereby attest or affirm under penalty of perjury: That I am authorized to act on behalf of the proposer in this matter, that I have authority and knowledge regarding the payment of taxes, and that contractor is, to the best of my knowledge, not in violation of any Oregon Tax Laws, as defined in ORS 305.380. Compliance with Nondiscrimination Laws: In compliance with ORS 279A.1 10(4), OAR 137-046-0210(2) and OAR 137-047-0260(2)(a)(E), I hereby attest or affirm under penalty of perjury that I am authorized to act on behalf of proposer in this matter, and to the best of my knowledge the proposer has not discriminated and will not discriminate, in violation of ORS 279A. I I 0(l), against a minority, women or emerging small business enterprise certified under ORS 200.055 or against a business enterprise that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225 in obtaining a required subcontract. Corporate Officer: By: Signature Print Name Title: Date: R-FP — Safety Training, Page 20 of 29 EXHIBIT-C AFFIDAVIT OF TRADE SECRET Note: This exhibit is being provided as a courtesy because proposals become public information upon the release of a Notice of Intent to Award a Public Contract. If applicable, proposer shall complete and include this Affidavit of Trade Secret with a fully redacted version of its proposal. (Atfiant), being first duly sworn under oath, and representing [Provoser's name] (Hereafter "Proposer"), hereby deposes and swears or affirms under penalty of perjury that: I am an employee of the Proposer, I have knowledge of the Request for Proposals referenced herein, and I have full authority from the Proposer to submit this affidavit and accept the responsibilities stated herein. 2. 1 am aware that the Proposer has submitted a proposal, dated on or about [insert date] (the "Proposal"), to the City of Ashland in response to Request for Proposals for SAFETY TRAINING and I am familiar with the contents of the REP and proposal. 3. 1 have read and am familiar with the provisions of Oregon's Public Records Law, Oregon Revised p t> Statutes ("ORS") 192.410 through 192.505, and the Uniform Trade Secrets Act as adopted by the State of Oregon, which is set forth in ORS 646.461 through ORS 646.475. 1 understand that the proposal is a public record held by a public body and is subject to disclosure under the Oregon Public Records Law unless specifically exempt from disclosure under that law. 4. 1 have reviewed the information contained in the proposal. The Proposer believes the information listed in Exhibit A is exempt from public disclosure (collectively, the "Exempt Information"), which is incorporated herein by this reference. It is my opinion that the Exempt Information constitutes "Trade Secrets" under either the Oregon Public Records Law or the Uniform Trade Secrets Act as adopted in Oregon because that information is either: A. A formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information that: I is not patented, ii. is known only to certain individuals within the Proposer's organization and that is used in a business the Proposer conducts, iii. has actual or potential commercial value, and iv. gives its user an opportunity to obtain a business advantage over competitors who do not know or use it. or B. Information, including a drawing, cost data, customer list, formula, pattern, compilation, program, device, method, technique or process that: i. Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and ii. Is the subject of efforts by the Proposer that are reasonable under the circumstances to maintain its secrecy. RFP — Safety Training, Page 21 of 29 5. 1 understand that disclosure of the information referenced in Exhibit A may depend on official or judicial determinations made in accordance with the Public Records Law. Affiant's Signature State of ss: County of Signed and sworn to before me on (date) by (Affiant's name). Notary Public for the State of My Commission Expires: IMPORTANT: Proposals become public information after the City releases a Notice of Intent to Award a Public Contract. It is important to submit a fully redacted copy of the proposal if it contains confidential trade secrets. A description of services being acquired by the City and the costs associated with those services are NOT considered confidential information. RFP — Safety Training, Page 22 of 29 I�►:�:1I;:�In1 17 GOODSAND SERVICES AGREEMENT CITY OF CONTACT: ASHLAND 20 East Main Street ADDRESS: Ashland, Oregon 97520 Telephone: 541/488-5587 PHONE: Fax: 541/488-6006 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and (XXXXXXXXXXXXXXXXXX, 'a domestic business corporation hereinafter "Contractor"), for (give very brief description of goods and services). CONTRACTOR'S OBLIGATIONS 1.1 Provide more detailed description of goods and services as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Contractor expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The goods and services defined and described in the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as "Work." 1.2 Contractor shall obtain and maintain during the tenn of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: ® Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability; and ® Workers' Compensation. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; ® Apply to each named and additional named insured as though a separate policy had been issued to each, provided that the policy limits shall not be increased thereby; ® Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; RFP — Safety Training, Page 23 of 29 • Contractor shall immediately notify the City of any change in insurance coverage • Contractor shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. 1.3 Contractor shall, at its own expense, maintain Worker's Compensation Insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of its subject workers. As evidence of the insurance required by this Agreement, the Contractor shall furnish an acceptable insurance certificate prior to commencing any Work. 1.4 Contractor agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Contractor. Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Contractor agrees not to discriminate against a disadvantaged business enterprise, minority -owned business, woman -owned business, a business that a service -disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractors of the Contractor's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirements: If the amount of this Agreement is $24,050.68 or more, Contractor is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Contractor is also required to post the notice attached hereto as "Exhibit A" predominantly in areas where it will be seen by all employees. 2 CITY'S OBLIGATIONS 2.1 City shall pay Contractor the sum of $XXXXXX (could be hourly rate or lump sum amount) as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Contractor's total of all compensation and reimbursement under this Agreement exceed the sum of, $XXXXX (this is maximum, not to exceed amount of entire Agreement) without express, written approval from the City official whose signature appears below, or such official's successor in office. Contractor expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Contractor further acknowledges that any Work delivered, or expenses incurred without authorization as provided herein is done at Contractor's own risk and as a volunteer without expectation of compensation or reimbursement. Page 24 of 29: Internet Bandwidth Service Agreement 3 GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Contractor and is free to procure similar types of goods and services from other contractors in its sole discretion. 3.2 Contractor is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Contractor is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance, paid leave, and retirement. 3.4 Contractor shall not assign this Agreement or subcontract any portion of the Work to be provided hereunder without the prior written consent of the City. Any attempted assignment or subcontract without written consent of the City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by the City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and the City. 3.5 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements, negotiations, and representations between the parties, whether written or oral. 3.6 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.6.1 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 2798.220, 27913.230 and 27913.235. 3.8 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.9 Contractor shall defend, save, hold harmless and indemnify the City and its officers, employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Contractor or its officers, employees, contractors, or agents under this Agreement. 3.10 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's officers, employees or agents. 3.11 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Contractor and the City set forth in this Agreement. 3.12 Deliveries will be F.O.B destination. Contractor shall pay all transportation and handling charges for the Goods. Contractor is responsible and liable for loss or damage until final inspection and Page 25 of 29: Internet Bandwidth Service Agreement acceptance of the Goods by the City. Contractor remains liable for latent defects, fraud, and warranties. 3.13 The City may inspect and test the Goods. The City may reject non -conforming Goods and require Contractor to correct them without charge or deliver them at a reduced price, as negotiated. If Contractor does not cure any defects within a reasonable time, the City may reject the Goods and cancel this Agreement in whole or in part. This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code, ORS Chapter 72 (UCC). 3.14 Contractor represents and warrants that the Goods are new, current, and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor, material and manufacture. Contractor shall transfer all warranties to the City. 4. SUPPORTING DOCUMENTS 4.1 The following documents are, by this reference, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The City's written XXXXXX (Request for Proposals, Invitation, to Bid, etc. dated XXXXX. • The Contractor's complete written XXXXXX dated XXXXXX. 4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the SUPPORTING DOCUMENTS, the several supporting documents shall be given precedence in the order listed in Article 4.1. S. REMEDIES 5.1 In the event Contractor is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: 5.1.1 Tennination of this Agreement; 5.1.2 Withholding all monies due for the Work that Contractor has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief, 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent, and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Contractor for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Contractor exceed the amount due, Contractor shall pay immediately any excess to City upon written demand provided. Page 26 of 29: Internet Bandwidth Service Agreement 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until XXXXXXXX, unless sooner terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Contractor may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: With a copy to: City of Ashland — Legal Department 20 E. Main Street Ashland, Oregon 97520 Phone: (541) 488-5350 If to Contractor: Contractor's name Attn: XXXX XXXXXXX City, State . One or more waivers or failures to object by either party to the other's breach of any provision, term, condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach, whether or not of the same nature. 9.1 Contractor represents and warrants to the City that: 9.1.1 Contractor shall, throughout the term of this Agreement, including any extensions hereof, comply with: Page 27 of 29: Internet Bandwidth Service Agreement (i) All tax laws of the State of Oregon, including but not limited to ORS, 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Contractor; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 CONTRACTOR, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Contractor; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 CONTRACTOR's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Contractor's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement, at law, or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. FQIUAUQI�� Joseph L. Lessard, City Manager Printed Name Date Purchase Order No. City Attorney Date Signature Printed Name Title I W. (W-9 is to be submitted with this signed Agreement) Page 28 of 29: Internet Bandwidth Service Agreement I ANA, I 111 Uty of, Ashland ING i:Dr all hars warked under a serw,ice cci*act lofteen the', employer and the City of U, laryd if the ccntr?A- exeeds. $24,050-68 or wre- 7-or all flows worfed in a Month, if temployee sW, 6s 50% or more of ihe enVley A-e%-: time in thm MGM** on a, pre'Or N W- S1 7. poition of the bw- *.,RIGS of 1heir emocyer; if thie emor,yer has en or ff x1re employees, and has receivd financial assistance, for tha project or biziness from the City of Ashland over $24vG59.6k, r 10heir employer G $e Cvi"j of Ashland, iWudirIg +R Pa-ks arld Recreakon Depart -rem. e In calcuialing the living Wage; "00yer, may adtil lhe Yalue of health care,,, reti rerr&- nt, 401 K, and jR.9 eligible cafe era plans (including chile;i beflefts to .11, 4 jr, employ'samoum of luageG, Note: For temporary and part-tipne employees, $e Liingr,does not apOy to the § 1040, hour worke,,1 ire any cal�ndaryear, For more please see khtand Moicipal `C'jode 3e.cl i on 312 � 120. Call thO Ashland City Manner's offim at 541-48HOWor write, to the :pity Manager, Cif Hall, 20 Ewt Win 31reel, Ashland, OR 97520, or visit the Citys weVai Ti-. at www. ash I a ndr o r, us, Nuke to, Eniplay-ers: This notice must be posted in areas whare it can bee seen by all employees. Page 29 of 29: Internet Bandwidth Service Agreement City of Ashland Request for Proposal SAFETY TRAINING — ELECTRIC UTILITY DEPARTMENT Evaluation Summary January 26, 2023 EVERGREEN JOB & SAFETY TRAINING, G2 CONSULTANTS Evaluation Criteria Points INC. #1 #2 #1 #2 Letter of Introduction, Table of Contents and 10 10 10 10 10 Proposal Submission Form (Exhibit A) Qualifications and 25 25 25 15 10 Experience Safety Training Classes 25 25 25 14 15 & 12-Month Schedule References 10 10 10 10 5 Contractual Terms and 5 5 5 5 5 Conditions SUBTOTAL 75 75 75 54 45 Cost Proposal 25 25 25 20 20 TOTAL 100 100 100 74 65 RFP Safety Training - Electric Utility Department, Evaluation Summary, Page I of 1 March 2023 Council Business Meeting Agenda Item Resolution No 2023-04 Relating to the 2022 Recology Ashland Solid Waste and Recycling Service Rate Adjustment and Repealing Resolution No. 2022-08 From Carmel S. Zahran Assistant City Attorney Contact carmel.zahran(�,)ashland.or.us SUMMARY Pursuant to the current Franchise Agreement with Recology Ashland for Solid Waste Management granted by the City Council in 2013 (Franchise Agreement), rates for solid waste management services shall be adjusted annually by a resolution of the City Council. As set forth in the Franchise Agreement, such rate adjustments shall be based on the consumer price index (CPI). Recology Ashland is requesting a rate increase of 5.8% based upon the CPI for 2022. This increase would become effective April 1, 2023, for all customer classes. This rate adjustment amounts to an increase of $1.32 per month for the typical residential customer. PREVIOUS COUNCIL ACTION In 2022, Recology proposed a rate increase of 6.5% based upon the 2021 CPI rate increase. The effective date for the annual increases historically occurs on April I of each year. However, in 2022, the effective date was delayed when Council originally denied the recommendation. Council ultimately approved the contractually agreed upon rate adjustment in May of 2022, for an effective date of July 1, 2022. Resolution 2023-04 restores the original timeline. BACKGROUND AND ADDITIONAL INFORMATION A component of the current Franchise Agreement with Recology Ashland is a rate adjustment methodology intended to provide Recology with an annual operating margin range of between eight percent (8%) and twelve percent (12%). Pursuant to the Franchise Agreement, the mandated rate adjustment is to be equal to "the percentage change in the January to January Consumer Price Index for All Urban Consumers (CPI-U) but not to exceed the twelve percent operating margin cap." (See page Section 5.8 on page 15 of the attached Franchise Agreement.) a 04�t 11 KI Recology Ashland estimates that the mandated rate adjustment will result in an increase of $1.32 per month on a typical residential customer's bill, with total bill increases for commercial customers varying by size and frequency of service. STAFF RECOMMENDATION Staff recommends approval of Resolution No. 2023-04 related the 2023 Recology Ashland Solid Waste and Recycling Service Rate Adjustment. This rate adjustment is consistent with the process and calculation prescribed in the Franchise Agreement. ACTIONS AND POTENTIAL MOTIONS I move to approve Resolution No. 2023-04 relating to the 2023 Recology Ashland Solid Waste and Recycling Service Rate Adjustment and to repeal Resolution No. 2022-08. Page 1 of 2 REFERENCES AND ATTACHMENTS Attachment No. 1: Resolution No. 2023 -04 Attachment No. 2: Recology Rate Adjustment Request Letter Attachment No. 3: Franchise Agreement with Recology (Ordinance No. 3090) Attachment No. 4: CPT Rate Page 2 of 2 CITY OF ASHLAND 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. 2023-04 A RESOLUTION RELATING TO SOLID WASTE MANAGEMENT SERVICE RATES AND REPEALING RESOLUTION NO. 2022-08 A. The Franchise Agreement for Solid Waste Management and Collection Services adopted by the City Council as Ordinance No. 3090 in 2013 and the associated Administrative Operations Standards and Rules most recently adopted by Resolution No. 2014-23 provide a methodology for annual service rates and fees adjustments for solid waste management and collection; and B. The City concurs with the documentation provided by Recology Ashland (Franchisee) that the service rates modification provisions of Ordinance No. 3090 and Resolution No. 2014-23 mandate the approval of a service rate increase of 5.8% based on the Consumer Price Index for All Urban Consumers, as determined by the U.S. Bureau of Labor Statistics. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ASHLAND, OREGON., RESOLVES AS FOLLOWS: SECTION 1. Solid Waste Management Service rates and fees are hereby increased by 5.8% as detailed in the rate table attached hereto as "Exhibit A" and incorporated herein by this reference. SECTION 2. Resolution No. 2022-08 is hereby repealed in its entirety. SECTION 3. This resolution is effective April 1, 2023. ADOPTED by the City Council this day of , 2022. ATTEST: Melissa Huhtala, City Recorder SIGNED and APPROVED this _ day of Reviewed as to form: Tonya Graham, Mayor 2022. RESOLUTION NO. 2023-04 Page 1 of 2 1 2 3 m 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Carmel S. Zahran, Assistant City Attorney RESOLUTION NO. 2023-04 Page 2 of 2 SabhnaCotta Deputy City Manager City ofAshland 2OEast Main Street Ashland, OR 97520 fflo IS I �0 Pursuant to Ashland Municipal Code 9.50.050, Section H.2, we are formally submitting our annual request for aCPI based rate increase of5.Q96 to beapplied equally across all rate structures, except those noted below. This adjustment is based on the Consumer Price Index —All Urban Consumers —All Items —Pacific Division, West Region /CPI-U\,published inJanuary. Acopy ofthe index, along with our accompanying financial statement and projections for 2022, is enclosed with this letter. The CPI increase has oneffective date April 1,2O23. This adjustment amounts tuanincrease of$132 (one dollar thirty-two cents) per month for the typical residential customer. The following haven't been adjusted and remain the same, consistent with prior years: Restart Fee, Cart re -delivery fee, Go Back fee and Recycle Center Surcharge One housekeeping item that I'd like to make is a lowering of the charge associated with direct hauls to Dry Creek Landfill. These hauls are very rare and only come up typically for asbestos containing material or liquids. A CPI adjustment would have made this haul fee over $400 this year but further cost analysis indicates alower rate of$297.00isappropriate. Please be aware this rate increase forReco|ogy Ashland follows on8.8%disposal rate increase implemented bvDry Creek Landfill inJuly 2O2J. Not only has RecolocvAshland borne these additional costs since July, but also our efficiency has allowed us to utilize the CPI methodology inwarranting this lower 5.8% increase for 2023. Please let me know if you have any questions and I look forward to March 7 attendance when this will beonthe Council agenda. 71 Gary Blake, General Manager Recology Ashland Inc. AN ORDINANCE CREATING A FRANCHISE AGREEMENT FOR SOLID WASTE MANAGEMENT & COLLECTION WITHIN THE CITY OF ASHLAND AND REPEALING ORDINANCES 2829and 2582 RELATING TO PREVIOUS SOLID WASTE FRANCHISE AGREEMENTS AND TERMS WHEREAS, Oregon Revised Statutes Chapter 459 grants the City the authority to regulate solid waste collection and mandates the development of a recycling program; and WHEREAS, the City desires to insure efficient and comprehensive materials waste management and collection services are available to all residents, businesses and organizations in the City ll I 7,11119F.M2 all] 4 SECTION 1: Title. This ordinance shall be titled and referred to as the "Solid Waste Management Franchise Ordinance". SECTION 2: Purpose. It is the policy and purpose of the City of Ashland to protect the health, safety and welfare of the citizens and physical environment of Ashland through the regulation of solid waste management. This regulation will: a) Insure safe, economical, efficient and comprehensive solid waste management services (SWMS) as further defined in this Ordinance; b) Assist the community in reaching and surpassing recycling and waste diversion rates of the Jackson County waste shed; c) Insure fair and equitable service rates and charges across all customer classes to achieve safe and efficient collection, transportation and recover of solid waste, recyclables and compostable materials; d) Meet or exceed all applicable Oregon Revised Statutes (ORS) 459 regulations relating to Solid Waste Management prescribed to local jurisdictions and their authorized franchisee; and e) Insure consistent and responsive service and communication with citizens regarding solid waste management operations, education and requirements including waste prevention, product life cycle impacts, waste diversion opportunities, recycling best practices and standards and general waste shed stewardship. Ordinance No. Page 1 of 21 SECTION 3: Scope. Services defined, regulated and authorized in this ordinance are applicable only within the city limits of the City of Ashland and all future urban growth boundary annexations occurring during the term of this ordinance. SECTION 4: Definitions. Except where the context clearly indicates a different meaning, or where a term is defined below, definitions contained within ORS 459.005 at the time of adoption or as further amended in the future, and regulations promulgated under state law are applicable to this ordinance. Administrative Operations Standards and Rules All standards and rules approved by resolution of Council defining specific operating rules and procedures that support and insure compliance with this Ordinance. Affiliated Company Any company which shares expenses and/or revenues with the Franchisee with respect spect to the services under this Franchise and is: 1) the parent company (corporation, partnership or limited liability company) of Franchisee; or, 2) any subsidiary of such parent company; or, 3) any company of which thirty percent (30%) or more of the common stock or control is owned or controlled by Franchisee; or Franchisee's share holders; Examples of such shared costs include, but are not limited to: labor, equipment, vehicles, insurance, or administrative costs. Allowable Expenses ' Those expenses incurred by Franchisee in the performance of this Franchise that are allowed by the City as reimbursable by the ratepayer as enumerated below. Allowable Expenses are allowable only to the extent that such expenses are known and measurable, calculated according to Generally Accepted Accounting Principles (GAAP) on an accrual basis, and comply with the cost allocation methodology contained within this ordinance to the Franchisee's operations within the City, do not exceed the fair market value of comparable goods or services, and are commercially reasonable and prudently incurred by the Franchisee solely in the course of performing its obligations under the Franchise. Allowable expenses shall include but not be limited to the following: a. The costs of complying with all laws, regulations or orders applicable to the obligations Franchisees under federal, state or local law, including this ordinance, as well as costs for financial reporting, accounting and regulatory processes associated with or required by this franchise or under law; as now or hereafter amended; b. Disposal costs; c. Labor costs, including operational and supervisory labor, payroll taxes, workers' compensation, and benefits, as well as third party transportation costs; d. Vehicle and equipment expenses, including vehicle registration fees, motor fuel, oil, tires, rental charges and/or operating lease payments and repairs and maintenance, e. Expenses of maintaining other capital assets, including rental charges and/or operating lease payments and repair and maintenance, to include container maintenance and repair -costs; f Performance bonds and insurance in at least the amounts and coverage's required by the City; Ordinance 'No. Page 2 of 21 g. All administrative and management costs and expenses reasonably allocated for the services required under this Franchise, including, but not Iiinited to compensation, management fees, and benefits for officers and employees, payroll taxes, data processing, billing, equipment or facility rental or lease costs, supplies, finance and accounting, administration, human resource and labor management, rate analysis, and regulatory compliance; h. Utilities; i. Training, worker safety and employee development expenses; j. Promotion and public education costs; k. Depreciation and amortization of capital assets, including any necessary stand-by or back-up equipment used on a regular and ongoing basis in the provision of services under this Franchise over standardized economic useful lives of the various assets; 1. Outside professional fees and costs, limited to two percentage points'of revenue, unless an extraordinary circumstance exists; m. Interest expense, other than 4nterest paid with respect to route or Franchise acquisition, that is not in excess of market rates ordinarily charged for the various types of financing required for purchases or leases; n. All surcharges, taxes or fees, -other than state or federal income taxes or franchise fees, which are imposed upon the Franchisee or levied by federal, state or local government in connection with Franchisee's provision of collection services under this Franchise; o.- Direct write-off charges for bad debts; and p. Franchise fees assessed by the City, Allowable expenses as defined above shall be reasonable if they are comparable with the expenses incurred by similarly situated solid waste and recycling collection companies on the West Coast of the United States. Automated Collection System A type of collection system that utilizes standardized roll carts and mechanically assisted collection equipment designed to minimize direct human handling of customer waste set out for collection. Bulky Wastes Large items of solid waste such as appliances, furniture large auto parts, trees, branches greater than four inches in diameter and 36 inches in length, stumps and other oversized wastes whose large size precludes or' complicates their handling by normal collection, processing or disposal methods. - City The existing city limits and future annexations of the City of Ashland, OR. City Council or Council The City Council of the City of Ashland. Ordinance No. Page 3 of 21 Commercial Stores; offices, including manufacturing and industrial offices; restaurants; warehouses; schools; colleges, universities; hospitals; and other non -manufacturing entities; manufacturing entities, but not including multifamily or residential condominium complexes. Container A receptacle used to store solid waste or recyclable materials that is designed for on -site unloading into a closed -bodied collection vehicle in which the contents of the receptacle are mixed with the contents of other similar receptacles. Construction and demolition debris Used or discarded construction materials removed from a premise during construction, demolition or renovation of a structure. Cost Allocation The following allocation methodology shall be used to determine expenses attributable to services rendered for City of Ashland solid waste management services franchise operations. I ) Residential and commercial labor hours The Franchisee will perform two annual surveys to estimate the time spent in each jurisdiction by residential and commercial route. Total annual hours will be estimated by jurisdiction for residential and commercial routes based on the two annual surveys. The annual total hours will be used to allocate labor and benefits, fuel, oil, maintenance, -vehicle and container leases, vehicle licenses, and route costs by jurisdiction for residential and commercial services. 2) Debris box labor hours The Franchisee will estimate the average time spent per load by jurisdiction. This average will be applied to the actual annual load count by jurisdiction to calculate an annual total for each jurisdiction. The annual total hours will be used to allocate labor and benefits, fuel, oil, maintenance, vehicle and debris box leases, vehicle licenses, and route costs by jurisdiction for debris box. 3) Yardage Yardage by jurisdiction will be estimated by subscribed volumes for residential and commercial services and by box size for debris box service. This yardage will be used to allocate disposal costs by jurisdiction. 4) Residential and commercial weekly- lifts The Franchisee will use two surveys to estimate the number of weekly services by jurisdiction. This measure will be used to allocate all other costs by jurisdiction. 5) Direct cost Franchise fees and other costs directly related to a specific jurisdiction will be applied to the appropriate jurisdiction. Ordinance No. Page 4 of 21 Curbside/Roadside A location within three (3) feet of public right-of-way. This does not allow the garbage or recycling receptacle to be placed on the inside of a fence or enclosure even if the receptacle is within three (3) feet of said road or roads. For residences on "Flag Lots", private roads or driveways, "Curbside/Roadside" shall be the point where the private road or driveway intersects a City Road, Public Access Road, State Road or Federal Road. Customer Individuals, groups, businesses, corporations or other recognized entity receiving solid waste management services from the franchisee within the City of Ashland. Customer Classification List and definition of the different groupings utilized for rate making; i.e. residential, commercial, municipal, etc. Depot A facility for transferring containerized solid waste, recyclable materials or yard debris from one mode of transportation to another. The term also refers to a place for receiving source - separated recyclable materials. Disabled Customer A subscription customer in which all adult household members possess a DMV issued handicapped parking sticker/placard. Disposal Site Land and facilities used for the disposal, handling or transfer of, or resource recovery from solid wastes, including but not limited to dumps, landfills, sludge lagoons, sludge treatment facilities, disposal sites for septic tank pumping or cesspool cleaning service, transfer stations, resource recovery facilities, incinerators for solid waste delivered by the public or by a solid waste collection service, composting plants and land and facilities previously used for solid waste disposal at a land disposal site; Disposal site does not include the following: a facility authorized by a permit issued under ORS 466.005 to 466.385 to store, treat or dispose of both hazardous waste and solid waste; a facility subject to permit requirements of ORS 46813.050 or 46813.053; a landfill site which is used by the owner or person in control of the premises to dispose of soil, rock, concrete or other similar non decomposable material, unless the site is used by the public either directly or through a solid waste collection service; or a site operated by a wrecker issued a certificate under ORS 822. 110. Drop Box A single receptacle used to store solid waste or recyclable materials that is designed to be removed from the generator's site on the back of a roll -off truck for unloading at a disposal site, material recovery facility, or other storage or processing facility. The contents of the receptacle are not mixed with the contents of other similar receptacles until delivery to a Disposal Site. Ordinance No. Page 5 of 21 Force majeure Acts of god, fire, landslides, lightening, storms, floods, freezing, earthquakes, epidemics, volcanic eruptions, public riots, civil disturbances, acts of the public enemy, wars, blockades, embargoes, or acts of civil or military authority, breakage, explosions or accident to machines or other materials, pipelines or materials, governmental restraint, unavailability of a disposal site and any other event which could not with reasonable diligence be controlled or prevented by the party affected by the event. Franchise A contract with the City allowing the use of public right-of-way to collect and transport solid waste. Franchisee A.person, persons, business or corporation who has been granted a franchise to operate within the City of Ashland pursuant to this Ordinance. Generator A person, who by virtue of ownership, management or control, is responsible for causing or allowing to be caused the creation of Solid Waste or Recyclable Materials.. Gross Revenue "Gross Revenue" for any period shall mean: 1) Gross accrual -based billings by the Franchisee to customers for services provided under this Franchise; 2) The allocated gain on the sale of fixed assets, the depreciation or amortization from which, was an Allowable Expense under the terms of this Ordinance, and refunds, sales proceeds or other reimbursements for any other expense that was an Allowable Expense under this Ordinance, and 3) The accrual -based proceeds from the sales of recycled material collected within the Franchise. Hazardous Waste Solid Waste or Waste that may, by itself or in combination with other waste, be explosive, poisonous, caustic or toxic, or otherwise dangerous or injurious to human, plant or animal life, as defined by ORS 466.005. Household Hazardous Waste Any discarded useless or unwanted chemical, material, substance, or product that is or may be hazardous or toxic to the public or the environment and is commonly used in or around households. Household hazardous waste includes, but is not limited to, some cleaners, solvents, pesticides, and automotive and paint products. Infectious Waste Infectious waste mean biological waste, cultures and stocks, pathological waste, and sharps, as defined in ORS 459,386 Ordinance No. Page 6 of 21 Multifamily Any multi -dwelling building or group of buildings that (a) contain(s) five (5) or more dwelling units on a single lot, such as apartments, condominiums, and mobile home parks and (b) receives services on a per lot or per building basis, as opposed to a per unit basis. Multifamily complex also includes certified or licensed residential care housing, such as adult foster care homes, and group homes. Multifamily accounts are determined to be a residential waste stream. Material Recovery Any process of obtaining from solid waste, by pre -segregation or otherwise, materials that still have useful physical or chemical properties and can be reused or recycled for some purpose. Material Recovery Facility A solid waste management facility that separates or stores materials for the purposes of recycling from incoming, non-putrescible solid waste by using manual and/or mechanical methods. It also means a facility that primarily accepts previously separated recyclables. Operating Margin Gross revenues minus allowable expenses within.a given period,. Organic Waste Materials that can be biologically synthesized by plants* or animals from simpler substances, are no longer suited for their intended purpose, and are readily broken down by biological processes into soil constituents. Examples include, but are not limited to, food waste, yard debris, contaminated paper, and putrescible materials that are generally a source of food for bacteria. Putrescible Waste Solid waste containing organic material that can be rapidly decomposed by microorganisms, and which may give rise to foul smelling, offensive products during such decomposition or which is capable of attracting or providing food for birds and potential disease vectors such as rodents and flies. Receptacle A can, cart, container, drop box, compactor or recycling bin or any other means of containment of Solid Waste or Waste or Recyclable Materials. Recyclable Material, Recyclable, Recyclables Material that has or retains useful physical, chemical, or biological properties after serving its original purpose(s) or function(s), and is separated from solid waste by the generator or at a material recovery facility. Recycling Ordinance No. Page 7 of 21 Any process by which waste materials are transformed into new products in such a manner that the original products may lose their identity. Residence, Residential Any dwelling unit where at least 50 percent of the use of the entire building is for home use. Self -Haul Collection and transportation of solid waste from a commercial, multifamily, or residential entity by the generator, owner or occupant of the property, rather than by a third party hired to perform this function. Senior Discount Rate A discounted collection rate provided to customers that meet the discounted utility rate provision of resolution 92-22 or future related amendments. Solid Waste or Waste The terms "solid waste" and "waste" are interchangeable. Solid waste shall include all putrescible and non-putrescible waste, including but not limited to, garbage; compost; organic waste; yard debris; brush and branches; land clearing debris; sewer sludge; residential, commercial and industrial building demolition or construction waste; discarded residential, commercial and industrial appliances, equipment and furniture; discarded, inoperable or abandoned vehicles or vehicle parts and vehicle tires; manure; feces; vegetable or animal solid and semi -solid waste and dead animals; and infectious waste. Waste shall mean useless, unwanted or discarded materials. The fact that materials, which would otherwise come within the definition of Solid Waste, may, from time to time, have value and thus be utilized shall not remove them from the definition. The terms Solid Waste or Waste do not include: 1) Recyclable materials or, yard debris separated from solid waste and properly prepared for collection; 2) Hazardous wastes as defined in ORS 466.005; 3) Materials used for fertilizer or for other productive purposes on land in agricultural operations in the growing and harvesting of crops or the raising of fowl or animals; 4) Septic tank and cesspool pumping or chemical toilet waste; 5) Source separated, principal recyclable materials as defined in ORS 459A and the Rules promulgated there under and under this Ordinance, which have been purchased or exchanged for fair market value, unless the City declares a site of uncollected principal recyclable materials to be :public nuisance; 6) Applications of industrial sludge or industrial waste by-products authorized through a Land Use Compatibility Statement or Management Plan approval and that have been applied to agricultural lands according to accepted agronomic practices or accepted method approved by the Land Use Compatibility Statement or Management Plan, but not to exceed 100 dry tons per acre annually; and 7) Stabilized municipal sewage sludge applied for accepted beneficial uses on land in agricultural, non-agricultural, or silvicultural operations. Sludge -derived products applied for beneficial uses on land in landscaping projects. Ordinance No. Page 8 of 21 Solid Waste Management and Collection Services Prevention, reduction, management of the storage, collection, transportation, treatment, utilization, processing and final disposal of solid waste; or recycling, reuse and material recovery from solid waste; and facilities -necessary or convenient to'such activities. Source Separated Materials Recyclable materials that have been separated by type of recyclable material and removed from the solid waste stream by the person who last used the recyclable materials. Transfer Station A fixed or mobile facility, other than a transportation vehicle, where solid waste is deposited temporarily after being removed from the site of generation but before being transported to a final disposal location. Unallowable Expenses Shall include the following: 1) All charitable and political contributions; 2) Fines and penalties, including without limitation judgments for violation of applicable laws,. incurred by a licensee; 3) Payments for services provided by individuals related by blood or marriage or by affiliated companies to a licensee to the extent that such payments exceed the reasonable cost that would be charged by an independent third party to provide the substantially equivalent service; 4) Accruals for future unknown regulatory changes; 5) Costs associated with purchase of other companies including, but not limited to, employee stock ownership plan payments, goodwill, amortization of goodwill and premiums on key -person life insurance policies; 6) Principal or interest payments on the acquisition of solid waste, recyclable materials and yard debris collection routes; the purchase of equipment and/or facilities to the extent that the price includes goodwill or a premium in excess of fair market value at the time of acquisition; State and federal income taxes; 7) Fees paid to a Franchisee's Board of Directors; 8) Attorney's fees and related expenses resulting from: a. Any judicial proceeding in which the city and a Franchisee are adverse parties, unless the Franchisee is the prevailing party; b. Any judicial proceeding in which a Franchisee is ruled to be liable due to willful misconduct or gross negligence or in violation of law or regulation, excluding judicial proceedings involving traffic accidents; 9) Operation of community access recycling depot not physically located or operated in conjunction with the Franchisee's transfer station 10) Recycling operations expenses already calculated and incorporated into Franchisee's tipping fees 11) Any other expenses defined as "unallowable" and approved by mutual consent of the Franchisee and the council. Ordinance No. -Page 9 of 21 Utilization The terms utilize, utilization, or utilization of Solid Waste or Waste shall mean productive use through recycling, reuse, salvage, resource recovery, energy recovery, or land filling for reclamation, habitation, or rehabilitation of land. Waste Evaluation An evaluation completed by the City or a Franchisee of a commercial entity's waste management practices, for the purpose of providing guidance to a multi -family or commercial customer on effective means to reduce waste, increase recycling, and purchase recycled products. Yard Debris Grass clippings, leaves, tree and shrub pruning of no greater than four (4) inches in diameter or similar yard and garden vegetation. Yard debris does not include such items as: dirt, sod, stumps, logs, tree and shrub pruning greater than four (4) inches in diameter, rocks, plastic, animal waste or manure, cat litter, potting soil, prepared food wastes or nonputrescible material. SECTION 5- Franchise Agreement. 5.1 Franchise Award No person shall do business in the collection and transport of solid waste generated within the City without a current, valid City franchise. A Franchise to provide solid waste management and collection services, including recyclable materials and yard debris in the service area of the City shall be granted only after a determination of need for the service. The determination of need is the responsibility of the City Council, which will seek the best balance of the following objectives: 1) To insure safe, efficient, economical, equitable and comprehensive solid waste service; 2) To avoid duplication of service that will cause inefficiency, excessive use of fuel, increased traffic, and greater wear on streets; 3) To provide service in areas of marginal return; 4) To promote and encourage recycling and resource recovery; 5) To improve the likelihood of the Franchise holder making a reasonable profit and thereby encourage investment in modem equipment; 6) To cooperate with other governmental bodies by recognizing their service arrangements; and 7) To otherwise provide for the service in a manner appropriate to the public interest. 5.2 Renewal of Franchises In granting a franchise renewal, the Council may, in addition to the above, consider the following: 1) Volumes of solid waste collection and disposal-, Ordinance No. Page 10 of 21 2) (2) Volumes of recyclable materials and rate of participation in recycling; 3) Customer satisfaction, including but not limited to customer complaints; 4) Analysis of solid waste collection and recycling programs in other cities as compared to those of the City, including but not limited to program costs, funding mechanisms and overall rates of participation in recycling; 5) Franchisee performance of its obligations under the franchise, including a Franchisee's technical and financial capabilities; 6) Franchisee ability to provide evidence of required insurance; and 7) Franchisee responsiveness to customer or City complaints. Franchises granted by the City shall be non-exclusive, however it is understood that during the term of franchises granted under this Ordinance, the City shall not grant any other person a franchise for Solid Waste Management Services unless there is a showing by the applicant of the need for such additional service in the proposed service area. As to such application(s) the existing Franchisee shall have first right of refusal to provide such services. In evaluating whether a need exists for additional service, the City Council may consider, among any other criteria deemed relevant by the City Council, the following items: I ) An increase in the population of the City; 2) An extension of the boundaries of the City; 3) Intensive- residential, commercial or industrial development within the boundaries of the City; 4) Changes in solid waste technology and/or recycling collection technology that could substantially improve collection service or reduce collection costs to residents of the City; 5) The effect that an additional franchise would have on each existing Franchisee's ability to meet the City's service standards and maintain a fair return on its investment; 6) Changes in federal or state laws, rules Or regulations that substantially affect solid waste or recycling collection requirements. 7) The Franchisee cannot or will not perform or subcontract the proposed service. This ordinance does not prohibit any person from self -hauling solid waste and/or recyclables. A generator may self -haul his or her own material, and a generator's contractor may haul materials that are generated as a direct result of the service -provider's activity. For example, landscapers, roofers, and remodelers may self -haul materials, but may not contract with third parties other than Franchisees for collection and transport. 5.3 Franchise Terms A franchise to provide solid waste management and collection services shall be granted for a period of ten (10) years, beginning December 1, 2013 with subsequent seven year terms renewing annually, unless prior notice of request to terminate is submitted by either the City or the Franchisee a minimum of 90 days prior to the renewal date. 5A Franchise Fee Ordinance No. Page I 1 of 21 1) Annual Fee. In consideration of the rights and benefits of the terms of this franchise, Franchisee shall pay to the City each year during the life of this franchise beginning February 1, 2014 an annual fee derived from revenue received by that franchisee from Solid Waste Management and Collection Service boundaries of the City. The franchise fee shall be five percent (5%) of gross revenues. 2) Quarterly Payments. The franchise fee required in 7(a) above shall be paid quarterly, and shall be due and payable within thirty (30) days of the end of the calendar quarter. Accompanying the payments described above, Franchisee shall file with the City Administrator or designee, a statement showing the amount of the gross revenues received by that company within the City for the calendar quarter immediately preceding the calendar quarter in which such statement is filed. There will be a reconciliation of final gross revenues on the quarterly report ending September 3 01h of each year for the prior fiscal period, which is October I" through September 30th - 3) Review of Records; Annual Audit. Franchisee shall make available for inspection, copying and review by the City Administrator or designee at any time during normal work hours all records in the Franchisees' possession that the City Administrator or designee deems relevant to verifying the accuracy of fees paid to the City, to regulating rates or to carrying out any responsibility that the Franchisees or the City has under this Ordinance. No more often than once during any twelve (12) month period, City may request an audit of the books, records and accounts of Fran * chisee by a certified public accountant or such other professional chosen by the City to verify accuracy of fees paid to the City, subject to the approval of the audited Franchisee; provided, however, that such approval shall not be unreasonably withheld. Franchisee agrees to have their books, records and accounts audited and further agree to pay for such auditing services. The report of the certified public accountant or other professional shall be conclusive and final. In the event such audit report discloses any difference of payment due either to the City or Franchisee through error or otherwise, such payment shall be due and payable within thirty (30) days of discovery or determination of the error. If payment is owed by the City to Franchisee, the City shall reimburse the Franchisee' for payment for the portion of the services attributable to the audit of the Franchisee receiving such payment from the City. If payment is owed by Franchisee to the City, and the difference of payment due is more than the greater of five hundred dollars ($500) or two and one-half percent (2V2%) of the Franchisee franchise fee, or if the Franchisee is found to have violated any -other term or condition of the franchise then, notwithstanding any other provision of this Section or the franchise, the City may request an additional audit during the next twelve (12) month period with all expenses of such additional audit paid by such Franchisee, 4) Late Pqyments; Interest. Should Franchisee fail or neglect, for thirty (30) days after any quarterly payment shall become due and payable, to make the qua * rterly payment, the City shall provide written notice of failure of payment to Franchisee. Upon notification of failure to pay, Franchisee will have thirty (30) days to remit payment to the City. If Ordinance No. Page 12 of 21 Franchisee fails to pay within said thirty (30) day period, the City may charge interest retroactive to the due date, at a rate of nine percent (9%) per annum, and may at its option either continue the franchise in force and proceed by suit or action to collect the payment, or declare a forfeiture of the franchise because of the failure to make payment, but without waiving its right to collect earned franchise payments and interest. 5.5 Franchise Administrative Operations Standards and Rules The Solid waste management and collections franchisee will operate. within operations standards set by resolution of Council. Standards and rules will be developed across all customer classifications including, but not limited to, the following: Service Rates and Fees a. Rate and fee schedule for all collection services, programs by customer classification Collections a. Regular, holiday and hazardous weather schedules b. Procedures for missed, bulky waste, vacation hold, etc collections c. Collection receptacle standards and requirements d. Receptacle location requirements for pick-up e. Private property access rights and limitations f Responsibilities of the customer g. Vehicle minimum equipment, maintenance standards, identification/signage and standards Customer Service & Communications a. Billing standards and frequency b. Billing/collection procedures for past due/non-pay accounts c. Descriptions, objectives and targets for all services provided across all customer classifications d. Solid waste related programs, education and event promotion e. Complaint/dispute resolution procedures f. Community Communications and outreach plan coordination with City outlining roles and responsibilities of City and Franchisee. Reporting (in addition to Ordinance required reporting) a. Efficiency analysis reports for routes, billing/collections, etc b. Revenue and subscription volume reports by solid waste category (trash, recycle, yard waste) for various customer classifications (residential, and commercial,). Debris box volumes will be measured by dump and return and/or pull activities. c. Customer counts and trends over time for residential ,and commercial customer classifications. Debris box load counts will be reported in lieu of debris box customer counts. 5.6 Subcontracting Services A Franchisee may contract with another person to provide specific components of solid waste management and collection services within the Franchisee's service area with the written Ordinance No. Page 13 of 21 approval of the City Administrator or designee, provided that the subcontract does not amount to a transfer of the collection franchise and the subcontracting party agrees to: 1) Abide by the conditions of this ordinance and associated resolutions; and 2) In written application to the City, show how they will meet the criteria applying to the current franchise 5.7 Transfer of Franchise A proposed assignment or transfer of a Franchise must be requested by the Franchisee if the following occur, but shall not be limited to: 1) A sale, exchange or other transfer of 50% or more of Franchisee's assets dedicated to service in the City; 2) A sale, exchange, or other transfer of fifty percent (50%) or more of the outstanding common stock of a Franchisee; 3) Any reorganization, consolidation, merger, recapitalization, voting trust, pooling agreement, escrow arrangement, liquidation or other transaction to which Franchisee or any of its shareholders is a party which results in a change of ownership or control of fifty (50%) or more of the value or voting rights in the stock of the Franchisee; and 4) Any combination of the foregoing that has the effect of a transfer or change of ownership and control. The Franchisee shall provide no less than 90 days' advance written notice to the City of any proposed transfer or assignment. Except as specifically authorized by the City, the Franchisee shall not assign any of its rights or delegate or otherwise transfer any of its obligations to any other person without the prior consent of the City Council. Any such assignment without the consent of City Council shall be void and any such attempted assignment shall constitute default and grounds for termination of the Franchise. If a Franchisee requests the City's consent to transfer the Franchise, the City shall act on such request within sixty (60) days of the receipt of the Franchisee's written request together with all information', as set forth below, required for the City's action on the request. The City and Franchisee may consent in writing to additional time for the City to review and approve the consent to transfer the Franchise. The City shall not unreasonably refuse to consent to an assignment of the Franchise to a proposed assignee that has sufficient knowledge, experience, and financial resources so as to be able to meet, to the satisfaction of the City Council, in its sole discretion, all obligations of the Franchisee hereunder. An application to the City to consider a sale or other transfer of a Franchise shall include the following: 1) A nonrefundable application fee of two thousand dollars ($2,000) payable at the time of application to the City in advance to defray the City's anticipated expenses and costs resulting from the Franchisee's request; 2) Financial statements audited or reviewed by a Certified Public Accountant of the Proposed Assignee's operations for the three immediately preceding operating years together with any additional evidence of financial ability to perform its Franchise obligations; and Ordinance No. Page 14 of 21 3) A showing that the proposed Assignee meets all City criteria for the grant of a Franchise as enumerated in this Ordinance. 5.8 Establishment and Modificatiowof Service Rates and Fees Except as set forth herein, the City Council may review and set rates on an annual basis by Council resolution that considers the following goals: 1) Rates shall be established to the greatest extent practicable on a cost of service basis based on the ordinance established cost allocation methodology. 2) Rates shall be adjusted annually by Council resolution equal to the percentag& change in the January to January Consumer Price Index for All Urban Consumers (CPI-U) but not to exceed the twelve percent operating margin cap. The City Administrator or designee shall certify the CPI-U rate in writing to Franchisee by March I of each year to initiate the rate resolution. 3) Rates shall be adequate to provide an Operating- Margin equal to ten percent (10%) of Franchise -wide Gross Revenues; however, the City shall not be required to change rates if the expected Operating Margin in the next future year falls between eight and twelve percent of Gross Revenues. The ten percent target return on Gross Revenues is considered sufficient to reflect the level of business risk assumed by the Franchisee, to allow investment in equipment, and to ensure quality collection service. Accordingly, the City shall have the authority to commission audits, reviews, or analysis of Franchisee Annual Reports to validate submissions. The expected Operating Margin in a future year would incorporate expected inflation factors, and the effect of known or expected increases or decreases in expenses or revenues. The rates charged by Franchisees shall conform to the most current Council resolution. Prior to implementation, the Council must approve any interim rate for services not included in the current resolution. If the Franchisee notifies the City -in writing that they believe a material change outside the Franchisees' control has occurred, and the change will have an adverse effect on operating margins, such that the next future year operating margins will be less than eight percent, a material change will be deemed to have occurred. At that time, the City may undertake any type of review it finds necessary to validate the existence of the material change and estimate its effect on the operating margin. If the results of the review are such that no rate adjustment is warranted, persons requesting the review shall reimburse the City for reasonable costs incurred during the investigation at the time the next payment of franchise fees is due. If the City believes that a material change has occurred that will result in next future year operating margins falling under eight percent or over twelve percent, the City may undertake an abbreviated rate review at its own expense. Ordinance No. Page 15 of 21 SECTION 6: Franchise Reporting Requirements. 6.1 Informational Reports Each Franchisee shall provide the City Administrator or designee by the last day of each quarter for the previous quarter- 1) A quarterly report listing the quantities of solid waste, yard waste and recyclable materials by customer classification collected within the City during the previous calendar quarter, the locations to which these materials were delivered, the number of customer accounts, and other information requested by the City Administrator or designee and mutually agreed upon with Franchisee. 2) A quarterly report listing the names and addresses of multi -family and commercial customers that received waste evaluations during the reported quarter. 3) A summary of communication, marketing and educational outreach conducted by Franchisee during the reported quarter. 6.2 Quarterly Franchise Fee Reports Franchisee shall complete and remit to the City a Quarterly Franchise Fee report not later than the last day of the month immediately following the end of the quarter. At the time of payment of the quarterly Franchise Fees, the Franchisee shall file with the City Administrator or designee, a verified statement of quarterly gross revenues for the period covered by the tendered fee. Such statements shall be public records. Franchisee shall maintain books and records disclosing the gross receipts derived from business conducted within the City, which shall be open at reasonable times for audit by the City Administrator or designee. Misrepresentation of gross revenue shall be deemed material and a breach of the Franchise contract and shall be cause to initiate the process to terminate the franchise. 6.3 Annual Franchise Reports Franchisees shall report revenues and expenses (allowable and unallowable), in an income statement format, and provide a variety of information about customer counts, service levels, disposal volumes, and recycling activities for all customer classifications and for all programs identified in the Administrative Operations Standards and Rules resolution adopted by Council. Franchisees shall report totals for all operations necessary to adequately verify compliance with the cost allocation methodology as defined in this for expenses that share significant operational, management, and administrative expenses with the City of Ashland Franchise. Resources allocated from regional orcorporateoffices or affiliates shall be distributed to appropriate expense line items, and shall also be disclosed in a schedule describing total allocations and their distribution to individual expense line items. All allocations from Affiliated Companies must be described and must be equal to or less than the fair market value of similar goods and services purchased from a non-affiliated company. The report will also include a synopsis of the operating year, a description of the measures each franchisee has taken in the preceding year to make its operation more efficient, a listing of the efficiency measures which each Franchisee proposes to take in the next year, a composite table Ordinance No. Page 16 of 21 showing the type and number of customer service complaints and a description of the measures that the Franchisee has taken or is planning to take to correct the cause of commonly reported complaints, and such other information as requested by the City Administrator or designee. The report shall also describe and quantify communication, outreach and educational activities as described in the Administrative Operations Standards and Rules resolution. Franchisees may identify specific information submitted to the City in the Annual Report as -confidential. The City shall treat any information marked "Confidential" as such, and shall not subject the confidential information to public disclosure except as b' required y law. If the City receives a request for disclosure of confidential information, the City Administrator or designee shall notify the Franchisee within a reasonable time after receiving the request so as to allow the Franchisee a reasonable opportunity to defend against the requested disclosure through appropriate legal process. SECTION 7: Franchise Responsibilities and Requirements. 7.1 Access for Inspections and Delivery of Notices Franchisees shall make all company premises, facilities and records related to their solid waste, recyclable materials and yard debris collection services (including, but not limited to: offices, storage areas, financial records, non -financial records, records pertaining to the origin of any solid waste collected by the Franchisee, receipts for sale or delivery of collected recyclable materials, customer lists, and all records related to vehicle maintenance and safety which are required under ODOT motor carrier requirements and regulations and ORS 767) available for inspection by the City Administrator or designee within 24 hours of notice by registered mail. Such inspections are only for purposes of enforcing this ordinance, and are restricted to normal business hours. During normal business hours, the Franchisee shall make all company premises and facility accessible to City employees for delivery of any written notices. Collection vehicles must be accessible for inspection during the normal operating hours for collection, in addition to normal business hours. Where receptacles are stored in the public right- of-way or when the City is inspecting a situation where the Franchisee is allegedly commingling Recyclable Materials or Yard Debris with Solid Waste, the need for 24-hour notice does not apply to inspection of receptacles or vehicles. 7.2 Indemnification, Bond, and Insurance A Franchisee shall pay, save harmless and indemnify the City from any loss, damage, penalty or claim against the City on account of or in connection with any activity of the Franchisee in the operation of the Franchisee's solid waste collection business including activity by any approved subcontractor. providing solid waste management collections and services. If such suit shall be filed against the City either independently or jointly with the Franchisee or its subcontractor to recover for any claim or damages, the Franchisee upon notice to it by the City shall defend the City against the action, and in the event of a final judgment being obtained against the City, either independently or jointly with the Franchisee or its subcontractor, the Franchisee will pay said judgment and all costs and hold the City harmless there from. Franchisee shall furnish a performance bond, in a form approved by the City Attorney, by an acceptable surety company in the amount of twenty-five thousand dollars ($25,000.00), but may, Ordinance No. Page 17 of 21 in lieu of a bond, furnish an irrevocable letter of credit or assign a savings account or deposit in any federally insured financial institution in the amount of twenty-five thousand dollars ($25,000.00) on a form approved by the City Attorney. The Security shall guarantee faithful performance of all the obligations contained herein with the premium for such bond or cost of such assignment to be paid by the Franchisee furnishing the bond, letter of credit or making the assignment. A Franchisee shall maintain commercial general liability insurance on an occurrence basis in such forms and with such companies as shall be approved by the City Attorney, which will cover the Franchisee's business operation, including each vehicle operated by it. The insurance coverage shall include not less than $ 1,000,000.00 for one person, nor less than $5, 000,000.00 for bodily injury due to each occurrence, and not less than $1,000,000.00 for damage to property due to each occurrence and coverage of at least $5, 000,000 in the aggregate per occurrence. All such insurance coverage shall provide a 30-day notice to the City Administrator or designee in the event of material alteration or cancellation of any coverage afforded in the policies prior to the date the material alteration or cancellation shall become effective. Copies of all policies required hereunder shall be furnished to and filed with the City Administrator or designee prior to the commencement of operations or the expiration of prior policies, as the case may be. The Franchisee shall furnish proof annually to the City Administrator or designee that the insurance remains in effect. The provisions of this section, any bonds accepted by the City pursuant thereto, and any damage recovered by the City hereunder shall not be construed to excuse unfaithful performance by the Franchisee or limit the liability of the Franchisee under this ordinance or the Franchisee for damages, either to the full amount of the.bond, or otherwise. SECTION 8: Enforcement, Suspension, or Termination of Franchise. 8.1 Responsibility of City Franchisees are subject to the exercise of the police power of the City and to such regulations as the City may provide by resolution, ordinance, rule or regulation. 8.2 Enforcement of Standards The City Administrator or designee shall administer and enforce this ordinance and pursue remedies for non-compliance as laid out within this ordinance. The City Administrator or designee shall also administer and enforce Administrative Operations Standards and Rules as adopted by Council. These standards and rules shall be enforceable with penalties allowed in section 1.08 of the Ashland Municipal Code. Upon recommendation by the City Administrator or designee, the Council may declare a Franchisee who fails to abide by the rules to be in default. 8.3 Initiation of Enforcement Actions In addition to enforcement under State law, the City may prosecute any infraction as defined in this Ordinance or the Rules issued hereunder, based on any information coming to the City, in Ashland Municipal Court. The burden of proof is on the City to prove an infraction by a preponderance of the evidence, 8.4 Penalties for Infractions Ordinance No. Page 18 of 21 Each Franchise provision, including rules adopted hereunder, is subject to penalties as described in section 1.08 of the Ashland Municipal Code for each day from the initial citation of the offense that the offense continues to violate the terms of this ordinance or associated resolutions. 8.5 Termination of Franchise for Default In addition to default for accrued penalties, upon recommendation by the City Administrator or designee, the City Council may terminate a Franchise for the Franchise holder's default in performing any material term or condition of the Franchise. An event of default also shall include, but not be limited to entry of ajudgment against the Franchise holder for material misrepresentation or deceit committed against the City or a customer or entry of a judgment of conviction (including conviction on a plea of no contest) against the Franchise holder or any principal of same for a crime involving dishonesty. Notice to a Franchisee of default shall be delivered to the Franchisee by certified mail requiring the Franchisee to show cause in a public hearing before the City Council at a place and time to be stated in the notice, but no earlier than 14 days from the date the notice is mailed, why the Franchise should not be terminated. At the hearing the Franchisee shall demonstrate the measures it has taken or commenced to cure the default. 8.6 Service Interruption Except for the right to refuse service for nonpayment or if Customer has attempted to improperly dispose of Hazardous Waste in violation of the City's Standards and Rules as set forth in this ordinance,, Franchisees shall not interrupt service unless: 1) Access, roads, streets and highways necessary for collection operations are unusable or unsafe and there are no alternative routes. Franchisees shall resume service within 24 hours after access is restored. 2) A Force Majeure event occurs. Upon the occurrence of a Force Majeure event that prevents or impairs a Franchisee's ability to perform any of its Franchise obligations, the Franchisee shall: 1) Provide immediate notice, either verbal or written to the City Administrator or designee of the nature of the event and extent and anticipated duration of Franchisee's inability to perform any obligation under this Franchise. If verbal notice is given, then written notice must be delivered to the City within 24 hours of verbal notice; 2) Commence immediately to develop, in communication and cooperation with the City, an interim plan for the restoration of full performance; and 3) Take all such other reasonable actions requested by the City to assist the City in protecting the public health and safety and to restore service as soon as practicable. Labor unrest, including, but not limited to, strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action conducted by Franchisee employees or directed at the Ordinance No. Page 19 of 21 Franchisee is not an event of Force Majeure, and the Franchisee shall be obligated to 'Continue to provide service notwithstanding the occurrence of any or all of events. 8.7 City's Right to Perform Service Except as provided under Section 8.6, in the event that a Franchisee, for any reason whatsoever, fails, refuses or is unable to collect or transport any or all solid waste for a period of more than forty eight (48) hours, and if, as a result thereof, solid waste or recyclable materials should accumulate in the City to such an extent that the City finds that such accumulation endangers the public health, safety, or welfare, then the City shall have the right, but not the obligation, upon twenty-four (24) hour prior written notice to the Franchisee, to perform or cause to be performed collection services with its own or other personnel at the Franchisee's expense. This right shall be in addition to and not in lieu of any other remedy available to the City. If necessary, the City may take temporary possession of, and a Franchisee shall peacefully surrender, any or all the Franchisee's land, equipment, and other property used or useful in the collection of Solid Waste or Recyclable Materials until such time as the emergency is resolved. If such possession occurs, the City assumes all responsibility and liability for the equipment and land used to perform such temporary collection services. 8.8 Dispute Resolution with Customers Upon receipt of any notice of dispute from a customer about any bill, charge, or service, the Franchisee shall thoroughly investigate the matter and promptly report the results of its investigation to the customer. Except in the event a Customer has attempted to improperly dispose of Hazardous Waste in violation of the City's Standards and Rules, a Franchisee 'shall not refuse service to any customer during a time of dispute. If the Franchisee is not able to resolve adispute with the customer, the customer may contact the City Administrator or designee who will act as an informal arbitrator in an attempt to resolve the matter. Should the dispute remain unresolved, the Franchisee or customer may then pursue the matter in any Court with jurisdiction. 8.9 Dispute Resolution with City During all disputes arising under this Franchise, the City and Franchisee shall continue performance of their respective obligations under this Franchise unless and until the Franchisee is terminated for default, in which case the Franchisee's obligation to pay a franchise fee based on cash receipts generated from services provided under the Franchise during said dispute shall survive such termination. In addition to and without waiving any rights and remedies under civil or common law, in the event of a dispute under this Franchise, the parties shall mutually agree to arbitration. Within fifteen (15) days after agreement to -Arbitration has been reached, each party shall submit the name of its own arbitrator, selected from the American Arbitration Association, and the two arbitrators shall select a third arbitrator selected from such panel within 15 days, or in case of a disagreement concerning the appointment of the third arbitrator, the third arbitrator shall be appointed from such panel by the presiding judge for the Circuit Court of the State of Oregon for Jackson County. During such time thaf the arbitrators are being selected or appointed, the parties shall continue to negotiate in good faith to resolve their dispute in a.cooperative manner. Ordinance No. Page 20 of 21 The decision of the arbitrators in the matter shall be final and binding on the parties, and any judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. SECTION 9. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 10. Repeal of Ordinances. Upon approval of this Ordinance, Ordinances 2582 and 2829 are hereby repealed in their entirety SECTION 11. Codification. Provisions of this Ordinance shall be incorporated in the City,Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re -lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1-3) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the _L7_day of 2013, and duIVfPASSED and ADOPTED this d 2013, Barbara M. Christensen, City Recorder SIGNED and APPROVED this -3, day of �,2013. Mike Morris, Council Chair Reviewed as to form: David-ii Loh n\rA,-City Attorney Ordinance No. Page 21 of 21 nrco|ognoah|and Exhibit "A" City ofAshland Rates Effective April 1,zozs[CPI ~s.u1%] Residential Rates April 1, 2023 96 Gallon Green Waste Cart $ 9.21 Additional Green Waste Cart $ 2.62 32 Gallon Recycle Only Cart $ 6.57 64 Gallon Recycle Only Cart $ 6.57 96 Gallon Recycle Only Cart $ 7.87 Additional Recycling Cart $ 2.62 Not on Service Ist Can $ 17.79 Additional No -Service Can $ 7.91 Extra Service - Green Waste Cart $ 5 Go -in Rates April 1, 2023 Off curb up to 40 Yards $ 7.87 40 yards to 1/2 mile $ 21.17 Recology Ashland City of Ashland Rates Effective April 1, 2023 [CPI = 5.81%] Commercial Cart Rates April 1, 2023 32 Gallon 1 x Week $ 23.99 32 Gallon 2 x Week $ 50.08 32 Gallon 3 x Week $ 76.16 32 Gallon 4 x Week $ 102.27 32 Gallon 5 x Week $ 128.35 32 Gallon 6 x Week $ 154.43 64 Gallon 1 x Week $ 50.08 64 Gallon 2 x Week $ 102.27 64 Gallon 3 x Week $ 154.43 64 Gallon 4 x Week $ 206.60 64 Gallon 5 x Week $ 258.79 64 Gallon 6 x Week $ 310.95 96 Gallon 1 x Week $ 76.16 96 Gallon 2 x Week $ 154.43 96 Gallon 3 x Week $ 232.69 96 Gallon 4 x Week $ 310.95 96 Gallon 5 x Week $ 389.21 96 Gallon 6 x Week $ 467.47 32 Gallon Commerical Organics Cart $ 9.21 96 Gallon Green Waste Cart $ 9.21 32 Gallon Recycle Only Cart 1 x Week $ 6.57 32 Gallon Recycle Only Cart 2 x Week $ 13.14 32 Gallon Recycle Only Cart 3 x Week $ 19.71 64 Gallon Recycle Only Cart 1 x Week $ 6.57 64 Gallon Recycle Only Cart 2 x Week $ 13.14 64 Gallon Recycle Only Cart 3 x Week $ 19.71 96 Gallon Recycle Only Cart 1 x Week $ 7.87 96 Gallon Recycle Only Cart 2 x Week $ 15.77 96 Gallon Recycle Only Cart 3 x Week $ 23.65 xeculonyAsh|ond City ovAshland Rates Effective April z' 2023 [cp| = 5.81%] Container Rates Aprill,2023 Extra Service I Yard Container $ 43.82 Extra Service 1.5 Yard Container $ 48.06 Extra Service 2 Yard Container $ 60.65 Extra Service 3 Yard Container $ 114.94 Extra Service 4 Yard Container $ 153.26 Extra Service 5 Yard Container $ 191.57 Extra Service 6 Yard Container $ 229 2 - 96 Gallon Carts Equal to I Yard Container $ 131.25 3 - 96 Gallon Carts Equal to 1.5 Yard Container $ 171.29 4 - 96 Gallon Carts Equal to 2 Yard Container $ 213.92 Recology Ashland City of Ashland Rates Effective April 1, 2023 [CPI = 5.81%] Debris Box Rates April 1, 2023 7 Yard per Load $ 215.92 10 Yard per Load $ 268.27 25 Yard per Load $ 449.63 40 Yard per Load $ 719.30 DB Haul Fee 10yd (non -trash)* $ 148.35 DB Haul Fee 25yd (non -trash)* $ 272.93 *fee may be reduced depending on value of commodity Daily Rent <1 Year $ 18.43 Monthly Rent 10ycl box (> I year) $ 102.83 Monthly Rent 25yd box (> 1 year) $ 137.11 DB Direct Haul to landfill - haul fee only. Disposal extra $ 297.00 Compactor per Pickup Rates April 1, 2023 1 Yard per Load $ 42.54 2 Yard per Load $ 85.06 3 Yard per Load $ 127.58 4 Yard per Load $ 170.11 8 Yard per Load $ 340.20 15 Yard per Load $ 509.76 20 Yard per Load $ 629.96 25 Yard per Load $ 750A9 30 Yard per Load $ 870.45 Medical Waste Rates April 1, 2023 1 Gallon Medical Waste $ 30.22 2 Gallon Medical Waste $ 36.79 15 Gallon Medical Waste $ 39,42 34 Gallon Medical Waste $ 72.29 Fees & Other Charges I April 1, 20237 Restart Fee (after suspend) $ 15.00 Cart re -delivery fee $ 20.00 Go Back Fee $ 20,00 Bulky Item pickup first two items each (plus disposal) $ 18.44 Bulky Item pickup greater than two items each (plus disp.) $ 9.21 Standing Time Fee per minute $ 2.97 Recycle Center Surcharge $ 1.60 0 0 M co rt "t — l'- "t n Lo 0 Lr) 0 0 1- 0 co L6 0 0 0 0 Y C\J > N O "? CO 0 M CO I- "ZT z 0 0 u -0 m M N M co E U') N LO LO N C) u 0 CIS 0 CO CD tl: 0 cy), N* u a) M 0 0) CD N M CD — M M (1) CL C� 1-: cl� 1-: NI: -0 E a) M LO I-- N a) u a) CO M CO It 0 N LO I-- N — 0 C) CD T N 75 (D M 'Tr rl- Ln "It M Cli ti d N U) CO r = 0 0 C) r N (0 M Cl) 00 CO 't >4 N M O !,-� Lq m N U) m CD m 0 C) CD 0 T Cl) h (.0 M C.0 r LO CO I - CO M M 0) LO Q) Q = CD lzl- CD LO C) M 0 M E :3 co M CD r-- Kzf- L) 0) C) I— m — 0 4 0 (.0 CD co C) t-- O r LQ N Cl? < m CD U- — CD M CD (D CD W o CO CO r) ry C\J C\I to U) W m C:) NCD E E —0 LO 0 It tom- a 00 CO N LO (D a) I-- m m LLJ 0 CD CD 0 0 C) < 0- N0 L) (n tSi 0 0) o (n m p O (1) U) U) 0 a. 0 U) � � -0 � a) T- (D " C14 " L) 0 000"(I)M(3) U) z 0 < = IM >- 00 Lr; M4 WE x 0) C Y) cyi 60- 0 0 1 ry c- C) 0 C) to N co 0) C�CB m 7z- C: U) ci Q t 44 4— (0 w +, G) Q 4Fi U O N O ^� > _ s_ � ry [� cr-ry 1 /1 O U O U E - #- O (ll 0 s= nCouncil Business Meeting Ordinance 3216 Second Reading and Findings Adoption - Food Truck Agenda Item Amendments Brandon Goldman Interim Community Development Director From Derek Severson Senior Planner Requested by Council Fx] Update 0 Request for Direction El Item Type Presentation 1:1 The City Council is being asked to take action on second reading of an ordinance to amend the Ashland Land Use Ordinance to provide additional options for food trucks and food carts in a new section AMC l8.2.3]45'FoodTrucks and Food Cods.' |naddition, the City Council iabeing asked to adopt written findings 'which describe the basis for amending the land use code. The City Council held a public hearing and approved first reading of these land use code amendments at the February 2l,2O23 meeting. POLICIES, PLANS & GOALS SUPPORTED Ashland Comprehensive Plan, Economic Element (Goal "To ensure that the local economy increases /nits health, and diversifies /nthe number, type, and size ofbusinesses consistent with the local social needs, public service capabilities, and the retention of a high quality environment." Ashland Comprehensive Plan, Economic Element (Goal 7.07.03,Policy 2.9)"Clear and objective standards for development reviews that provide for oquick and predictable approval process with a reduced amount of uncertainty." BACKGROUND AND ADDITIONAL INFORMATION Food vendors and space for outdoor eating have long been recognized among the defining elements for required plaza space in Ashland's design standards. They also serve as incubators for reotourontourutomake omore affordable entry into the business without mbhcks-ond-rnortar investment, can help to enliven and activate under-utilized spaces, and during the pandemic they provided onaffordable outdoor dining option inmany communities. Food trucks and food carts inAshland are currently regulated oafollows: ° Short -Term Events (AMC 18'2.2.$30.m):Current codes provide for staff approval ofshort- term ternponzryusesoccuningnornonsthononceinuco|endoryeoronopropertVond lasting not more than 72 hours. There are no public notice requirements for this type of review. This is the process used for the food trucks at the annual Chocolate Festival at the Ashland Hills Hotel and at exhibitions and shows at Enclave Studios & Galleries. Page lof4 Council Business Meeting ~Accessory tmamExisting Use: Where food trucks are part ofonevent that isaccessory toon existing, approved use they may occur without a separate permit. As an example, when the Earth Day celebration is held at ScienceWorks Hands On Museum each year, the Earth Day celebration including food trucks is accessory to the existing approved museum use. ~ Conditional Use Permit (AMC 18.5.m):Where oproposal goes beyond the scope ofoshort- term eventorbeing000emaorytoonaxiatinguae,foodLruoksosternporory,aeoaono|or intermittent uses require Conditional Use Permit approval. This process requires public notices and takes approximately 45 days unless an appeal is filed. This is the process used for the Water Street Caf6, the food truck court at the Growers Market at the corner of Walker Avenue and Ashland Street, at Northwest Nature Shop and on the OSF campus. The Conditional Use Permit process - which involves a $200 pre -application conference, a $l]2O25application fee, and onextended procmaaifoppeo|ed-nonposeoborriertoontryto many food truck owners. The Planning Commission discussed food trucks onJune 2EL2O22and otits September l3,2022 meeting the Planning Commission initiated an ordinance amendment as allowed in AMC 18.5.1.100 to look at ways to provide additional options for food truck operators interested in operating in Ashland. The Planning Commission subsequently discussed ordinance changes at meetings on September 13, September 27, October 25, and December 13, 2022. The draft ordinance presented tonight incorporates the recommendations of the Planning Commission, in ordinance form, and generally allows for food trucks and food carts osfollows: ° Short Term Event Permits (AMC 18.2.2JD30.m):The short-term events allowances have been left as is, but an additional subsection has been provided to specifically allow for food trucks on a private property on a short-term basis no more than once per month rather than only once per year. 0 Ministerial Permit: The ministerial Food Truck Permit language proposed would allow up to three trucks or food carts in approved plaza spaces and private parking lots. ° Site Design Review: Afood truck pod, with more than three trucks onoproperty, orthe placement of food trucks other than on approved plaza space or parking areas would be subject tomSite Design Review approval. 4swith other Site Design Review applications, those within the historic districts would be subject to review by the Historic Preservation Advisory Committee w Conditional Use Permit: 41the Planning Commission's direction, any proposed food truck or food cart operations within the downtown (C-l-n) district would remain subject to Conditional Use Permit approval, which would include review by the Historic Preservation Advisory Committee. Page 2of4 , Bus"ness Meeting .A cound I = Residential Zones: The various'Allowed Uses'charts have been updated to make clear that food trucks are not to be allowed within any residential zoning districts. 0 The proposed amendments do not include allowances for Food Trucks to be located in public parking spaces or in on -street parking areas outside of designated Special Events, The City Council conducted a public hearing and approved first reading of the attached ordinance onFebruary 21,2O23. FISCAL IMPACTS Permit fees will be set to cover costs for each type of permit review. Food truck and food cart operators will be required to obtain a City of Ashland business license and pay Food and Beverage Tax. DISCUSSION QUESTIONS This proposed ordinance was discussed during the Council public hearing conducted on February 21, 2023, and was approved as presented and forwarded to second reading by the City Council. SUGGESTED NEXT STEPS Staff concurs with the Planning Commission and recommends that the Council approve the proposed ordinance and adopt the attached written findings. Motions for approval of second reading of the ordinance, and for approval of the findings document are detailed below: 1' Motion for Approval wf Ordinance The attached ordinance in consistent with the Planning Commission recommendation. � I move to approve second reading of Ordinance 3217, which is titled, "An Ordinance Amending the Ashland Land Use Ordinance to Provide Additional Options for Food Trucks and Food Carts by adding a new section AMC 18.2.3.145 'Food Trucks and Food Carts',- amending section 78.2.2.030.H'Temporciry Uses',- adding a new section AMC /fi3.3.O45'Special Permitted Uoex|amending the "40om/ec/Uoex^Tob/es/B.2.2.O3D, /(l32.D4D,/8.3.4.D4D&/8.3.5'O50,and adding new definitions /nAMC /86.lD3Df~ The attached findings document reflects the Planning Commission recommendation. ° 1 move to approve the Findings of Fact and Conclusions of Law document dated March 7,2O23. REFERENCES & ATTACHMENTS Attachment I:Draft Drdinonoe#32D6 Page 3of4 RCouncil Business Meeting Attachment 2: Draft Written Findings Planning Commission Meeting Packet video minutes June 28,2022 2022-06-28 PC Packet. pc 2022-06-28 PC Video 2022- 06-28- Minutes September 13,2022 2022-09-13 PC Packet.pd 2022-09-13..PC Video 2022-09-13- Minutes September 27,2022 2022-09-27-PC_ Packet. pc 2022-09-27 PC Video 2022-09- 27- Minutes October25,2022 2022-10-25 PC Pcicket.pd No video available 2022-10-2022-Minutes December13,2022 2022-12-13 PC Packet.pdf 2022-12-13 PC Video 2022-12-13- Minutes February 21, 2023 2023-0221 CC Pa 13-0221 CC Video Minutes not yet available. Page 4 of 4 Orri 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ADDITIONAL OPTIONS FOR FOOD TRUCKS AND FOOD CARTS BY ADDING A NEW SECTION AMC jr TRUCKS AND FOOD CARTS'; AMENDING SECTION 18.2.2.030.H'TEMPORARY USES'; ADDING A NEW SECTION AMC 18.3.3.045 'SPECIAL PERMITTED USES'; AMENDING THE ALLOWED USES TABLES 18.2.2.030, 18.3.2.040, 18.3.4.040 & 18.3.5.050; AND ADDING NEW Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined thro and additions are in bold underline. WHEREAS, Article 2. Section I of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter if n specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City o Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, food vendors and space for outdoor eating have long been recognized among the defining elements for required plaza space in Ashland's design standards, they also serve as incubators for restauranteurs to make a more affordable entry into the business without a bricks - and -mortar investment, can help to enliven and activate under-utilized spaces, and during the pandemic provided an affordable outdoor dining option in many communities. ORDINANCE NO. 3216 Page 1 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, the City of Ashland Planning Commission considered the above -referenced recommended amendments to the Ashland Land Use Ordinance at a duly advertised public hearings on December 13, 2022, and following deliberations, recommended approval of the amendments by a vote of 5-0; and WHEREAS, the City Council of the City of Ashland conducted duly advertised public hearings on the above -referenced amendments on February 21, 2023.; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter.; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Municipal Code and Land Use Ordinance in manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. Table 18.2.2.030 [Uses Allowed by Zone] of the Ashland Land Use Ordinance is hereby amended to include the following. ORDINANCE NO. 3216 Page 2 of 7 2 M 6 7 8 9 10 \l 12 13 |4 15 16 17 18 }4 20 21 22 23 24 25 26 27 28 29 30 Carts SECTION 3. Section 18.2.2.030.H. [Temporary Uses] is hereby amended to read as follows: 18.2.2.030.H. Temporary Uses. Temporary Us8S require 8 conditional use permit under chapter 18.5.4, except as follows: 1. Short -Term Events. The Staff Advisor may approve Ul[OUgh DliDiSteh8i review short-term t8rnpOn@ry USeS OCCUOiDg OUoe in 3 calendar year and |gSiiDg not more than 72 hours including set-up and take -down. /\CLiviUeS such as [8C8S. parades, and festivals that 0CCU[ OD public property (8.g., street rights -of -way, p8[kS. SidDvva|kS' Or other public gn3UOdS) require @ special event permit pursuant tOchapter 13.03. 2. Short -Term Food Truck Event. The Staff Advisor may approve through ministerial review the short-term temporarV operation of a food truck occurring not more than once per month and lasting not more than 72 hours including set-up and take -down. In addition to the short-term food truck event permit, food truck vendors shall obtain a business license, register for and pay applicable food and beverage tax, and receive any requisite inspections from the Building and Fire Departments and the Jackson Count Environmental Public Health Department. Short-term food truck events are not to be permitted in residential zones. 32. Garage Sales. Garage sales shall have 8duration Ofnot more than two days and shall not occur more than twice within aDy305-d8y period. Such activity shall not beaccompanied by any off -premises advertisement. For the purpose of this chapter, garage sales [DgCtiDg the requirements of this subsection shall not be considered a commercial activity. 4a. TgOnpO[8ry Buildings. Temporary occupancy Of 8 Dl8OUfaCtU[8d housing unit or SiDli|Br stnJCtUn8 may be permitted for period not to exceed 90 calendar days Up0U the granting of permit by the Building Official. Such 0CCUp8OCy may only be 8i|Ovved in conjunction with CDDSt[UCtiOD OO the site. Said permit shall not be renewable within a six-month period beginning 8tthe first date Ofissuance, except with approval Dfthe Staff Advisor. SECTION 4. cctioozl8.Z.Il45[PoodTznck8uod2oodCuds]im hereby added tothe Ashland Land Use Ordinance tVread yyfollows: Section AMC 18.2.3.145 Food Trucks and Food Carts. Where food trucks and food carts are allowed they are subject to the following A. Within the Detail Site Review overlay zone as described in ALUO 18.4.2.040.C, outdoor eating areas and food vendors are among the required elements of the Detail Site Review Plaza Space Standards (ALUO 18.4.2.040.D.2). Where food trucks, food carts, and associated outdoor eating areas, can operate within ORDINANCE NO. 3216 Page 3of7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 existing approved plaza space without alteration of the existing site plan, a food vendor must obtain a ministerial Food Truck Permit but no further land use approval is required. B. Within the C-1, CM -NC, CM -MU, CM -OE, CM-Cl, E-1, HC, M-1, NM-C, and NN-1-3.5-C zones, food trucks and food carts may operate within existing private parking lots where there are at least five off-street parking spaces in place, the existing approval did not include mixed use or joint use parking credits, and no more than 20 percent of the required off-street parking spaces are proposed to be used by food trucks and food carts. Food truck, Food Cart, and associated accessory item placment shall not interfere with vehicular or pedestrian circulation on site. A food vendor must obtain a ministerial Food Truck Permit but no further land use approval is required. C. Within the C-1-D zone, the operation of a food truck or food cart requires a Conditional Use Permit under chapter 18.5.4. D. No more than three food trucks or food carts may be approved on a single Property under a ministerial Food Truck Permit. E. Food truck courts or pods, or the operation of food trucks and food carts on private property outside of existing parking areas or approved plaza space, require Site Design Review approval under chapter 18.5.2. F. Short-term operation of a food truck or food cart outside of the parameters of A-B above may be permitted as a short-term event pursuant to AMC 18.2.2.030.H.2. G. Ministerially -approved food trucks and food carts are not permitted to operate H. Food truck vendors shall obtain a business license, food truck permit, register for and pay applicable food and beverage tax, and receive any requisite inspections from the Building and Fire Departments and the Jackson County Environmental Public Health Department. Approved City and County permits shall be displayed on the food truck or food cart, and the food truck vendor is responsible for compliance with all permit requirements. 1. Utilities. Food Truck Vendors must provide their own water. Wastewater must be disposed of in an approved location. Connections to temporary power are permitted. If generator's are used, they shall comply with the noise regulations in ORDINANCE NO. 3216 Page 4 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 J. Signagge. Signage shall be limited to any si_qnage on the food truck or cart and one portable business sign (sandwich board or A -frame) which shall be removed when the food truck or cart is not in operation. Portable business signs shall not be placed within the public rights -of -way. K. Trash and Recycling. Food truck vendors shall provide trash and recycling containers within ten feet of the truck or cart during operations, and any trash related to the food vendor within 50 feet not placed in the containers shall be removed by the vendor at the end of the day. Trash and recVclinq containers shall be removed from the premises when the food truck is not in operation. L. Duration. A food truck shall not remain on a property for more than five consecutive days. M. Polystyrene Foam. Food truck vendors shall be subject to the prohibition on the use of polystyrene foam food packaging in AMC 9.20. SECTION 5. Table 18.3.2.040 [Croman Mill District Uses Allowed by Zone] of the Ashland Land Use Ordinance is hereby amended to include the following. Croman Mill District ZoneS2 NC MU OE C1 0S B. Commercial Food Trucks & Food Carts (Subiect to the S S S S N requirements of AMC 18.2.3.145) 21 22 SECTION 6. Table 18.3.4.040 [Normal Neighborhood District Uses Allowed by Zone] of the 23 Ashland Land Use Ordinance is hereby amended to include the following. 28 ( SECTION 7. Section 18.3.3.045 [Special Permitted Uses] is hereby added to the Ashland Land 29 Use Ordinance to read as follows. 30 Section 18.3.3.045 Special Permitted Uses The following uses are permitted when authorized in accordance with the special permitted uses standards detailed below. ORDINANCE NO. 3216 Page 5 of 7 2 3 4 5 6 7 9 10 11 12 13 14 15 10 17 is 19 20 21 22 23 24 25 26 27 28 29 30 A. Food Trucks and Food Carts, subject to the requirements of AMC 18.2.3.145. SECTION 8. Table 18.3.5.050 [North Mountain Neighborhood Uses Allowed by Zone] of the Ashland Land Use Ordinance is hereby amended to include the following. North Mountain Neighborhood ZoneS2 NM-R-1-7.5 I NM-R-1-5 I NM-MF NM-C NM -Civic C. Commercial Food Trucks & Food Carts N N N S N (Subiect to the requirements of AMC 18.2.3.145) SECTION 9. Section 18.6.1.0301 [Definitions] of the Ashland Land Use Ordinance is hereby amended to include the following new definitions: 11111,11: 1 817122!7!1• 11112-• MAMM, is typically not self-propelled by motor or pedal power, and which is temporarily located on a Property to sell food and beverages to the general public. The maximum size for a food cart is four -feet wide nine feet long and four feet high. Food carts must be self- contained and designed to be movable by one person. ;Trlq -me 11TWITIST, M- to sell food and beverages to the general public. A food truck typically contains cooking facilities where the food is also prepared. The exterior length and width of a food truck, when multiplied, shall be no more than 170 square feet, excluding the trailer tonaue and bumper. Up to an additional 170 sauare feet is allowed for outdoor M-M-= Food Truck Court or Food Truck Pod. Four or more food trucks or food carts operating on the same property. Food Truck Vendor. The operator who sells, cooks and serves food or beverages from a food truck or food cart. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the _day of ADOPTED this day of ATTEST: 2023. 2023, and duly PASSED and ORDINANCE NO. 3216 Page 6 of 7 1 2 3 M 5 6 7 8 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Melissa Huhtala, City Recorder SIGNED and APPROVED this — day of , 2023. Reviewed as to form: Douglas M. McGeary, Acting City Attorney Tonya Graham, Mayor ORDINANCE NO. 3216 Page 7 of 7 March 7, 2023 In the matter of amendments to the Ashland Municipal Code (AMC) Title 18 Land Use providing additional Options for food trucks and food carts by adding a new Section AMC 18.2.3.145 'Food Trucks and Food Carts'; Amending Section 18.2.2.030.H 'Temporary Uses'; Adding new Section 18.3.3.045 'Special Permitted Uses; Amending the 'Allowed Uses' Tables 18.2.2.030, 18.3.2.040, 18.3.4.040 and 18.3.5.050; and adding new Definitions in AMC 18.6.1.030.F. FINDINGS OF FACT & CONCLUSIONS OF LAW PURPOSE: The proposal includes amendments to AMC Title 18 Land Use providing additional options for the operation of food trucks and food carts in Ashland. Notice was published in the Ashland -News on December 2, 2022 prior to the Planning Commission public hearing, and on January 31, 2023 prior to the City Council public hearing. A public hearing was held at the Planning Commission on December 13, 2022 and at the City Council on February 21, 2023. Notice was also sent to the Department of Land Conservation and Development on September 19, 2022. SUMMARY OF AMENDMENTS The proposal includes the addition of two new section to the Ashland Land Use Ordinance (ALUO), the amendment of sections relating to Temporary Uses and Allowed Uses tables, and the addition of new definitions to provide additional options for the operation of food trucks and food carts in Ashland. Food vendors and space for outdoor eating have long been recognized among the defining elements for required plaza space in Ashland's design standards. Food vendors in the form of food trucks and food carts also serve as incubators for restauranteurs to make a more affordable entry into the business without a bricks -and -mortar investment, can help to enliven and activate under-utilized spaces, and during the pandemic food trucks and food carts provided an affordable outdoor dining option in many communities. Prior to the proposed amendments here, food trucks and food carts in Ashland have been regulated as follows: • As Short -Term Events Under AMC 18.2.2.030.H: Current codes provide for staff approval of short-term temporary uses occurring no more than once in a calendar year on a property and lasting not more than 72 hours. This is a ministerial permit with no public notice requirements. Findings of Fact and Conclusions of Law Page 1 As Accessory to an Existing Use: Where food trucks are part of an event that is accessory to an existing, approved use they may occur without separate permitting, as where an annual Earth Day celebration is held at the ScienceWorks Hands On Children's Museum each year, the annual celebration including a food trucks court, is seen as accessory to the existing approved museum use and does not require separate permitting. • As a Conditional Use Permit Under AMC 18.5.4: Where a proposal goes beyond the scope of a short-term event or being accessory to an existing use, food trucks proposed as temporary, seasonal or intermittent uses require Conditional Use Permit approval. This process requires public notices and takes approximately 45 days unless an appeal is filed. The Conditional Use Permit process — which involves a $200 pre -application conference, a $1,120.25 application fee, and an extended process if appealed - can pose a barrier to entry to potential food truck operators. The Planning Commission initiated this ordinance amendment as allowed under AMC 18.5.1.100 to look at ways to provide additional options for food truck operators interested in operating in Ashland. The Planning Commission subsequently discussed ordinance changes at three meetings and conducted a public hearing on December 13, 2022. The City Council considered the ordinance recommended by the Planning Commission at a public hearing on February 21, 2023 and subsequently adopted the ordinance with the flowing allowances for food trucks and food carts: • Short Term Event Permits (AMC 18.2.2.030.H): The short-term events allowances have been left as they previously existing in the code, however an additional subsection has been provided to specifically allow for food trucks on a private property on a short-term basis of no more than once per month rather than only once per year • Ministerial Permit: New 'Food Truck Permit' language proposed would allow up to three trucks or food carts in approved plaza spaces and private parking lots through a ministerial permit. • Site Design Review: A food truck pod, with more than three trucks on a property, or the placement of food trucks other than on approved plaza space or parking areas would be subject to a Site Design Review approval. As with other Site Design Review applications, those within the historic districts would be subject to review by the Historic Preservation Advisory Committee. • Conditional Use Permit: At the Planning Commission's direction, any proposed food track or food cart operations within the downtown (C- I -D) district would remain subject to Conditional Use Permit approval, which would include review by the Historic Preservation Advisory Committee. Findings of Fact and Conclusions of Law Page 2 Residential Zones: The various 'Allowed Uses' charts have been updated to make clear that food trucks are not to be allowed within any residential zoning districts. • The proposed amendments do not include allowances for Food Trucks to be located in public parking spaces or in on -street parking areas outside of designated Special Events. The City Council ultimately concurred with the Planning Commission that food trucks and food carts can serve as incubators for restauranteurs to make a more affordable entry into the business without a bricks -and -mortar investment which could help to diversify the local economy while also activating and enlivening under-utilized spaces. The Council found that the changes proposed here would provide "Clear and objective standards for development reviews that provide for a quick and predictable approval process with a reduced amount of uncertainty" as sought in Policy 2.g of Goal 7.07.03 of the Economic Element of the Ashland Comprehensive Plan. REVIEW CRITERIA The decision of the City Council together with the recommendation by the Planning Commission was based on consideration and findings of consistency with the following factors. A. Consistency with City of Ashland approval criteria for legislative amendments, AMC 18.5.9.020.13 B. Consistency with City of Ashland Comprehensive Plan and Other City Policies C. Consistency with Oregon Statewide Planning Goals EVALUATION AND COUNCIL FINDINGS: A. Consistency with City of Ashland approval criteria for legislative amendments and zoning map amendments, AMC 18.5.9.020.B 18.5.9.020 Applicability and Review Procedure Applications for Plan Amendments and Zone Changes are as follows: B. Type 111. It may be necessary from time to time to make legislative amendments in order to conform with the Comprehensive Plan or to meet other changes in circumstances or conditions. The Type /// procedure applies to the creation, revision, or large-scale implementation of public policy requiring City Council approval and enactment of an ordinance; this includes adoption of regulations, zone changes for large areas, zone changes requiring comprehensive plan amendment, comprehensive plan map or text amendment, annexations (see chapter ;�M for annexation information), and urban growth boundary amendments. The following planning actions shall be subject to the Type /I/ procedure. 1. Zone changes or amendments to the Zoning Map or other official maps, except where minor amendments or corrections may be processed through the Type /I procedure pursuant to subsection F/ —8. 5. 9,020.Aabove. Findings of Fact and Conclusions of Law Page 3 2. Comprehensive Plan changes, including text and map changes or changes to other official maps. 3. Land Use Ordinance amendments. 4. Urban Growth Boundary amendments. (Ord. 3195 § 5, amended, 1210112020) Finding: Ashland Municipal Code (AMC) 18.5.9.020.13 permits legislative amendments to meet changes in circumstances and conditions. The City Council finds that with the economic downturn that followed the COVID- 19 pandemic, food trucks and food carts can serve as incubators for restauranteurs to make a more affordable entry into the business without substantial bricks -and -mortar investments and can help to enliven and activate under-utilized spaces, thereby benefitting the local economy without creating permanent barriers to properties ultimately developing to their highest and best uses. The Council further finds that existing regulations could serve to discourage food trucks and food carts, while the proposed amendments seek to provide greater options for a quick and predictable approval process with a reduced amount of uncertainty. The City Council finds it is necessary to amend the land use ordinance in order to provide additional options for the operation of food trucks and food carts in Ashland. B. Consistency with the Ashland Comprehensive Plan and other City Policies The Ashland Comprehensive Plan includes a goal in its Economic Element to "To ensure that the local economy increases in its health, and diversifies in the number, type, and size of businesses consistent with the local social needs, public service capabilities, and the retention of a high quality environment (Goal 7.07.03)." , Finding: The proposed land use code amendments would encourage a greater diversity in the number, type and size of business consistent with the local social needs in providing additional options for small business owners wishing to operate food trucks and food carts in Ashland to benefit the health of the local economy. The Ashland Comprehensive Plan includes a policy in its Economic Element that calls for "Clear and objective standards for development reviews that provide for a quick and predictable approval process with a reduced amount of uncertainty (Goal 7.07.03, Policy 2.g)." Finding: Existing land use regulations limit food trucks and food carts to short term events which are limited to once per year on an individual property; to events which are accessory to established, approved uses; and otherwise require Conditional Use Permit approval, a discretionary land use approval which involves both time and uncertainty which can discourage potential applicants. The proposed land use code amendments provide additional options for the operation of food trucks and food carts which provide quick and predictable ministerial approval process with a reduced amount of uncertainty. Findings of Fact and Conclusions of Law Page 4 The City Council finds and determines that the proposed land use code amendments are consistent with the Comprehensive Plan and other aforementioned City documents and policies. C. Consistency with Oregon Statewide Planning Goals GOAL 1: CITIZENINVOLVEMENT To develop a citizen involvement program that ensures the opportunity for citizens to be involved in all phases of the planning process. Finding: The City of Ashland meets this requirement by having the Planning Commission serve as the Committee on Citizen Involvement, as well as having various citizen commissions with opportunities for the public to testify on general or specific matters. The Planning Commission discussed the proposed code amendments at four public meetings and then conducted a public hearing on December 13, 2022. This hearing was held in a hybrid format, with options to participate both in person, via e- mailed testimony, or electronically via Zoom video-conferencing . Opportunities to provide written and oral testimony were available at all commission meetings and at the public hearing. The Planning Commission recommended approval of the attached ordinance. This Goal is met. To establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual bases for such decisions and actions, Finding: The proposed land use code amendments have an adequate factual base, as has been thoroughly described through the application and hearing process. The implementation measures proposed are consistent with Comprehensive Plan polices as noted in these findings. The Goal is met. GOAL 3: A GRICULA TURAL LANDS To preserve and maintain agricultural lands. Finding: Not applicable because the proposal does not propose any land use regulation changes to agricultural lands outside of the Ashland Urban Growth Boundary (UGB). To conserve forest lands by maintaining the forest land base and to protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. Finding: Not applicable because the proposal does not propose any land use regulation changes to forest lands outside of the Ashland UGB. Findings of Fact and Conclusions of Law Page 5 GOAL 5: NATURAL PESO UR CES, SCENIC AND HISTORIC AREAS, AND OPEN SPACES To protect natural resources and conserve scenic and historic areas and open spaces. Finding: The proposed land use code amendments will not negatively impact inventoried Goal 5 resources. The primary change here would be to create a ministerial permitting process for the operation of food trucks and food carts within existing, approved plaza spaces requiring no physical alteration to the site or within existing, approved parking lots where the truck or cart would not remain in place for more than five consecutive days. Ashland's Physical and Environmental Constraints Review procedures in AMC 18.3. 10 and Water Resource Protections Zones Ordinance in AMC 18.3.11 are not proposed to be modified and would remain in place to protect natural resources from negative impacts. Existing procedures requiring Conditional Use Permit approval, with review by the Historic Preservation Advisory Committee, would be retained for any proposed food truck or food cart operations within the historic downtown's C- I -D zoning district. Similarly, proposals involving food truck pods, with more than three trucks on a property, or the placement of food trucks other than on approved plaza space or parking areas would be subject to Site Design Review approval. As with other Site Design Review applications, those within the historic districts would be subject to review by the Historic Preservation Advisory Committee. The Goal is met. GOAL 6: AIR, WATER AND LAND RESOURCES QUALITY To rnaintain and iinprove the quality of the air, water and land resources of the state. Finding: The City of Ashland has an acknowledged Comprehensive Plan that complies with this goal. This proposal does not modify the existing goals and policies, and does not negatively impact Goal 6. This Goal is met. GOAL 7. AREAS SUBJECT TO NATURAL HAZARDS To protect people and property from natural hazards. Finding: The City of Ashland has an acknowledged Comprehensive Plan that complies with this goal. This proposal does not modify the existing goals and policies, and the proposed additional options for the operation of food trucks and food carts in Ashland does not negatively impact Goal 7. AMC 18.3. 10 'Physical and Environmental Constraints Overlay' regulates the development of flood plain corridor lands, hillside lands, hillside lands with severe constraints, and wildfire lands. The standards applying to the aforementioned natural hazard areas follow the same provisions for any proposed development, and the proposal will not alter the applicability of the city's Physical and Environmental Constraints Findings of Fact and Conclusions of Law Page 6 Overlay regulations or the protection from natural hazards they were implemented to provide. Generally, there are few commercially zoned areas subject to these regulations, and the primary change proposed here would create a ministerial permitting process for the operation of food trucks and food carts within existing, approved plaza spaces requiring no physical alteration to the site or within existing, approved parking lots where the truck or cart would not remain in place for more than five consecutive days. In both cases, the proposed changes seek to provide greater options to operate food trucks and food carts in already developed areas where there would be no additional impacts to physically - constrained areas, and thus no change in existing protection from natural hazards for people or property. This Goal is met. GOAL 8: RE CREA TIONAL NEEDS To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Finding: The City of Ashland has an acknowledged Comprehensive Plan that complies with this goal and the proposal does not modify the existing goals and policies related to Goal 7 and recreational needs. This Goal is met. [AR i 1 1 1 1 i T1111091WIM111 I 1 11 1110y To provide adequate opportunities throughout the state for a variety of economic activities vital to health, welfare, and prosperity of Oregon's citizens. Finding: With the economic downturn that followed the COVID-19 pandemic, food trucks and food carts can serve as incubators for restauranteurs to make a more affordable entry into the business without substantial bricks -and -mortar investments and can help to enliven and activate under-utilized spaces, thereby beriefitting the local economy without creating permanent barriers to properties ultimately developing to their highest and best uses. While existing regulations could serve to limit opportunities and discourage food truck and food cart operators, the proposed amendments seek to provide greater options for a quick and predictable approval process with a reduced amount of uncertainty. The proposal does not modify the existing goals and polices related to Goal 9 and economic development, but rather seeks to provide additional opportunities for the operation of food trucks and food carts in Ashland by providing greater options for a quick and predictable approval process with a reduced amount of uncertainty. This Goal is met. GOAL 10: HOUSING To provide for the housing needs of citizens of the state. Finding: The City of Ashland has an acknowledged Comprehensive Plan that complies Findings of Fact and Conclusions of Law Page 7 with this goal and the proposal does not modify the existing goals and policies related to Goal 10 and housing needs, or apply to residentially -zoned property. This Goal is met. To plan and develop a timely, orderly and efficient arrangement ofpublic facilities and services to serve as a framework for urban and rural development. Finding: The City of Ashland has master plans in place for water, wastewater and stormwater that address projected population growth and development in the Ashland city limits and UGB. The Water Master Plan was completed in 2020 and projects and plans for an adequate water supply for a 20-year planning period. The Wastewater Master Plan was completed in 2012 and projects and plans for an adequate water supply for a 20- year planning period. The Stormwater and Drainage Master Plan was completed in 2020 and projects and plans for an adequate water supply for a 20-year planning period. This Goal is met. GOAL 12: TRANSPORTATION To provide and encourage a safe, convenient and economic transportation system. Finding: The City of Ashland adopted a Transportation System Plan (TSP) in 2013 which has gone through the post acknowledgement amendment process. The transportation system is planned to accommodate the population growth and development of the community for the 20-year planning period. The City of Ashland has not evaluated the impacts of the proposed additional options for the operation of food trucks and food carts on the transportation system. The amendments are not site -specific and therefore do not affect the functional classification of any street. The amendments allowing ministerial permitting of food trucks or food carts within existing, approved parking lots or existing, approved plaza space where food vendors and outdoor dining are already among the required plaza space elements will have no measurable impacts on the amount of traffic on the existing transportation system, as they are limited to allowing the commercial use of lands already zoned, approved and developed for commercial use, and therefore the amendments do not cause a "significant effect" under ORS 660-012-0060. For food trucks and food carts proposed on private property which will be subject to Site Design Review or Conditional Use Permit approval, individual traffic impact analyses would be required where triggered by the specifies of the individual proposal. This Goal is met. GOAL 13: ENERGY CONSER VA TION To conserve energy. Finding: The City of Ashland has an acknowledged Comprehensive Plan that complies with this goal and the proposal does not modify the existing goals and policies related to Goal 13 and energy conservation. This Goal is met. Findings of Fact and Conclusions of Law Page 8 rffl17j1W1j1W&1hTM To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. Finding: The proposed land use code amendments do not include changes to the Ashland urban growth boundary, and do not encourage sprawl, lower than targeted densities or uncoordinated development. The amendments proposed are limited to allowing additional options for the operation of food trucks and food carts in Ashland. The management of the City's land use inventories is unaffected by these amendments. This Goal is met. Based on the above discussion, the proposed amendments to the Ashland Land Use Ordinance are consistent with the statewide planning goals and therefore comply with the requirement that the amendments be consistent with state land use planning law. Because the amendments are limited in scope, there are no other Administrative Rules applicable to this amendment. Likewise, there are no other applicable Oregon Revised Statutes that are criteria applicable to these amendments. (Note: Consistency with the Transportation Planning Rule (TPR) is discussed further in this document.) The City Council finds and determines the approval criteria for this decision have been fully met, based on the detailed findings set forth herein, the detailed findings and analysis of the Planning Commission, and supporting documents together with all staff reports, addenda and supporting materials in the whole record. Specifically, the Council finds that the proposed land use code amendments are consistent with City of Ashland approval criteria for land use ordinance and zoning map amendments as set forth in ALUO 18.5.9.020.13 and are consistent with the City of Ashland Comprehensive Plan and other City policies. The Council finds and determines that the proposed amendments are consistent with the Oregon Statewide Planning Goals. Accordingly, based on the above Findings of Fact and Conclusions of Law, and based upon the evidence in the whole record, the City Council hereby APPROVES the ADOPTION of the following amendments to AMC Title 18 Land Use as reflected in the attached ordinance. Ashland City Council Approval City Council Approval Date Findings of Fact and Conclusions of Law Page 9 Signature authorized and approved by the frill Council this 7"' day of March, 2023. Attest: Melissa Huhtala, City Recorder Date Approved as to form: Douglas McGeary, City Attorney Date Findings of Fact and Conclusions of Law Page 10 IRequest for Early Learning Ad Hoc Committee I Challenge Statement The current inventory of pre-school seats is not adequate to meet the demand of Ashland families as evidenced by waitlists in excess of 6 to 12 months. Limited early learning opportunities in Ashland are directly related tothe following: 1. Prognamdoau/es 2. Reduced seats due torelocation, and 3. Increasing staffing challenges, consistent with national job market trends, resulting in fewer pre-school options for families. These challenges result in subsequent concern for future enrolment in Ashland School District, kindergarten readiness, socialization opportunities for our children, a continuation of the worker shortage due to lack of childcare and impacts to the economic vitality of Ashland as a whole. The Economic Round Table discussion held on March 6, 2023 further highlighted the need for early learning options in our community. Many stakeholders communicate strong support for affordable early learning and childcare programs. Specifically, such support focused on the need for early learning to attract and sustain working families in Ashland, and as o key service required to sustain and grow our Convene an Ad Hoc Committee comprised of the City of Ashland, ASD, and local partners to respond to our mutually recognized need for early learning access in Ashland, and the Rogue � Develop a charge that explores tangible actions we can take, as economic partners, in support working families, our economic development, and most importantly, our children. 0 Respond to the conversation on March 6 1h with action. Past Policy Analysis The advent of the Covid-19 pandernic highlighted the critical nature of quality, reliable, affordable early learning, and childcare options for working families in Ashland, across the state of Oregon and Stote Level Policy Insufficient slots for childcare and early learning opportunities were a serious challenge in Oregon Prior tothe[ovid-I9outbneokinMa^chofIOJO^.Thepreva|enceofinadequateohi|dcanesupp|yacnoss Oregon was exceptionally high with a blended rate of 72% of communities lacking necessary care options2. This translates to only enough early learning and childcare options to support one third of the total need. When studying more detailed data, 85% of communities lacked a satisfactory number of slots for infant and toddlers while 61% of communities required additional preschool option S2 . According to conversations with Oregon Community Foundation, Ashland and he Southern Rogue Valley are considered childcare deserts. Addressing the challenges of childcare and preschool options in a community must not be considered a micro issue specific to an individual household. When such challenges endure, they transform into economic development and operational problems for businesses and local economies. Staffing paradigms suffer and directly impact the viability of businesses as well as the local economies these businesses comprise. The Census Household Pulse Survey for October 2021 found, in Oregon, over 88,000 eligible workers reported difficulty with childcare as the main reason for opting to stay home and not participate inthe workforce". Local Policy Local to Ashland, preschool is not the direct responsibility of city government or the local school district. Traditionally preschool and childcare needs are met through a patchwork of private and non-profit providers of varying size, philosophy, and licensure status. Programs with ten or fewer students in a home environment are not required to be licensed and comprise a significant segment of the preschool slots available k)Ashland residents. This patchwork model isnot unique toAshland, nor the state of Oregon. Preschool and childcare are predominantly delivered via a private market, characterized by fee for service payment structure, that annually approaches the cost of a years' college tuition. According to the 2020 Oregon Child Care Market Price Study a year of fulltime preschool is approximately $14,400 annually, $1,200 per month. The same study cites fulltime infant and toddler care atapproximately $19,200annually, $1,60Oper monLh^. To further compound the challenge for childcare providers, many report absorbing the cost of Covid-19 protocols. This increases the strain on existing programs especially with fewer paying clients5. Finally, the City ofAshland, and the Ashland School District before the city, leased the Briscoe School to the Oregon Childhood Development Coalition (OCDC). OCDC operates preschool and childcare opportunities specifically designed to serve Southern Oregon's migrant worker families. The City of Ashland's policy related to the OCDC program is strictly as that of tenant/ landlord and does not constitute a formal policy endorsement of early learning solutions for Ashland working families. 1. l l 4. 5. Speaher Request Form THIS FORM IS A PUBIAC RECORD AIA, INFORMATION PROVIDED WILL 13E MADE AVA-11ABLE TO TM, PIIBIAC 1) Complete this fiorm and return it to the City Recorder prior to the discussion of the item you ff)b to speak about. 2) Speak to the City Council from the table podium microphone. 3) State your name and address for the record. 4) Limit your comments to the amount of time given to you by the Mayor, usually 3 or 5 minutes. 5) If you present written materials, please give a copy to the City Recorder for the record. 6) You may give written comments to the City Recorder for the record if you do not wish to speak, (Comments can be added to the back of this sheet if necessary) 7) Speakers are solely responsible for the content of their public statement. Tonight's Meeting Pate I I Name C L Address no P.d7. Box RegWar Meeting Agenda topic/item number OR Topic for public forum (non agenda item I S 14 IAMaly P" C' 60'V VI&O C- c JeWo-�Q. C _5,k G and Use Public Hearing Please indicate the following: For: Against: ... Challenge for Conflict of Interest or Bias If you are challenging a member (a city councilor or a planning commissioner) with a conflict of interest or bias, please write your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The Presiding Officer will address the -written challenge with the member. Please be respectful of the proceeding and do not interrupt- You may also provide testimony about the challenge when you testify during the normal order of proceedings, Written Comments/Challenge:' The Public Meeting Law requires that all city meetings are open to the public. Oregon law does not always require that the public be permitted to speak ne Ashland City. Council generally invites the public to speak on agenda items and during public forum on non -agenda items unless time constraints limit public testimony. No person has an absolute fight to speak or participate in every phase of a proceeding. Please respect the order ofproccedings for public hearings and strictly follow the directions of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are disrespectful, and may constitute disorderly conduct. Offenders will be requested to leave the room. Comments and statements by speakers do not represent the opinion of the City Council, City Officers or employees or the City of Ashland.