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Home My WebLink About2022-06-07 Council MeetingAGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL *REVISED 06/06/22* Tuesday, June 7, 2022 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. 6:00 PM Regular Business Meeting* I. CALL TO ORDER 11. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS Land Acknowledgement** V. APPROVAL OF MINUTES 1. Business Meeting of May 17, 2022 Minutes of Boards, Commissions and Committees*** VI. SPECIAL PRESENTATIONS & AWARDS 1. James M. Ragland Memorial Volunteer Spirit Service Award (postponer) to a filture meeting). 2. Alan C. Bates Public Service Award (postponed to a future meeting). VII. PUBLIC FORUM A11. CITY MANAGER REPORT IX. CONSENT AGENDA 1Approval of a Liquor License for Ashland Wine Cellar 2.Automated External Defibrillators Grant Authorization 3.Housing Insecuritv Grant Acceptance (SB 5561 State Grant) X. PUBLIC HEARINGS XI. UNFINISHED BUSINESS XI I. NEW AND MISCELLANEOUS BUSINESS 1. Briscoe School Lease Extension Approval 2. Coordinated Water Rights Management and Water Sharing Plan Intergovernmental Agreement (postponed to o future meeting). 3. Approval of a Sole Source Purchase from Andritz Separation Technolop_ies - Wastewater Centrifuge XI11. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. First Reading of an Ordinance reeardim-, Transient Lodging Tax 2. Supplemental Budget and Resolution 3. A Resolution Authorizing a Decrease in the Loan Amount From the Safe Drinking Water Revolving Loan Fund by Entering into a Financing Contract with the Oregon Infrastructure Finance Authority (postponed to a future meeting). XIV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XV. ADJOURNMENT OF BUSINESS MEETING *Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.(D)(3)] **LAND ACKNOWLEDGEMENT We acknowledge and honor the aboriginal people on whose ancestral homelands we work — the Ikirakutsum 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 of K'wakhakha - "Where the Crow Lights" - that is now the Ashland City Plaza. ***Agendas and minutes for City of Ashland's Boards and Commissions meetings may be found at the City's website, httns://��-�i w.ashland.or.us/Agendas.asy . Use the View By box to select the Board or Commission information you are seeking. 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 at (541) 488-6002 (TTY phone number 1-800-735- 2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). CITY OF -AS H LA N D ASHLAND CITY COUNCIL REGULAR BUSINESS MEETING DRAFT MINUTES Tuesday, May 17, 2022 HELD HYBRID; View on Channel 9 or Channels 180 and 181 (Charter Communications) or live stream via rvtv.sou.edu select RVTV Prime. HELD HYBRID - Council and some City Staff will be live in the Council Chambers, 1175 E. Main Street. Citizens and presenters will be joining via zoom Written and oral testimony will be accepted for public input. For written testimony, email public-testimonv(&ashland.or.us using the subject line: Ashland City Council Public Testimony. For oral testimony, fill out a Speaker Request Form at ashland.or.us/speakerreguest and return to the City Recorder. The deadline for submitting written testimony or speaker request forms will be on Monday, May 17"d at 10 a.m. and must comply with Council Rules to be accepted. 6:00 PM REGULAR BUSINESS MEETING* I. CALL TO ORDER Mayor Akins called the Business Meeting to order at 6:00 PM. II. PLEDGE OF ALLEGIANCE Councilor Moran led the Pledge of Allegiance. I11. ROLL CALL Councilors' Hyatt, Graham, Moran and DuQuenne were present. Councilors' Seffinger and Jensen were absent. IV. MAYOR'S ANNOUNCEMENTS Land Acknowledgement** DuQuenne read the Land Acknowledgment. V. APPROVAL OF MINUTES 1. Study Session of May 2°d, 2022 2. Business Meeting of May 3rd, 2022 Hyatt/Graham moved to approve the minutes. Discussion: None. All Ayes. Motion passed unanimously. Minutes of Boards, Commissions and Committees*** VI. SPECIAL PRESENTATIONS & AWARDS 1. James M. Ragland Memorial Volunteer Spirit Service Award- Moved to a future agenda 2. Alan C. Bates Public Service Award Moved to a future agenda 3. Annual Presentation from the Historic Commission & Proclamation for National Historic Preservation Month Moran read the proclamation. Historic Commissioner Beverly Hovenkamp gave the Annual Historic Presentation. Council thanked the Commission for their work. VII. PUBLIC FORUM Linda Peterson Adams — Ashland - Read a letter into the record (see attached). Ian Cropper — Ashland -Spoke regarding cell towers and 5G. VIH. CITY MANAGER REPORT City Manager Joe Lessard gave the City Manager Report. Items discussed were: • Tourism Grant • Community Survey • Look Ahead Council and Staff discussed the Community Survey. DuQuenne/Moran moved to ask Staff to connect with the consultants to take a deep dive into this survey before it goes out again. Discussion: DuQuenne spoke that she would like more information. Roll Call Vote: Councilor Moran & DuQuenne: YES. Councilor Hyatt and Graham: NO. Mayor Akins: YES. Motion passes 3-2. IX. CONSENT AGENDA 1. Appointment of Eric Herron to the Planning Commission 2. Appointments to the Historic Commission — Moved to June 7, 2022 Hyatt/ Moran moved to approve the consent Agenda. Discussion: None. All Ayes. X. PUBLIC HEARINGS XI. UNFINISHED BUSINESS 1. Oregon Department of Energy Community Renewable Energy Grant Application Public Works Director Scott Fleury gave a Staff report. Founder & CEO of Stracker Solar Jeff Sharp presented Council with a PowerPoint (see attached). Council discussed options. Graham/Hyatt moved to delegate grant application decisions to the City Manager for applications through the Oregon Department of Energy's Community Renewable Solar Grant Program for the next three years. Discussion. Graham spoke that this is necessary. Hyatt spoke in spoke in support of the motion. Moran spoke in support of the motion. Graham clarified that this is the first of 3 motions tonight. Roll Call Vote: DuQuenne, Moran, Hyatt and Graham: YES. Motion passed unanimously. Graham/Hyatt moved to authorize the City Manager ability to sign a final legal approved Memorandum of Understanding with the Ashland Solar Coop. Discussion: Graham spoke to the importance of Ashland Solar Coop. Roll Call Vote: Hyatt, Graham, Moran and DuQuenne: YES. Motion passed unanimously. Graham/Moran moved to authorize the City Manager to sign a final legal approved memorandum of understanding with the Stracker Solar Corporation. Discussion: Graham spoke that she is excited about the prospect of the City getting into construction that we have had so long and to support local businesses. Roll Call Vote: Graham, DuQuenne, Moran and Hyatt: YES. Motion passed unanimously. XII. NEW AND MISCELLANEOUS BUSINESS 1. Community Center and Pioneer Hall Professional Services Contract Approval Public Works Director Scott Fleury gave a Staff report. Council thanked Staff for their work. Council discussed cost. Hyatt/Moran moved approval of a professional services contract with ZCS Engineering and Architecture in the amounts of $56,671. Discussion: Hyatt spoke in support of the motion and a safe infrastructure. DuQuenne agreed with Hyatt. Graham spoke in looking forward to getting the buildings operational. Roll Call Vote: Graham, DuQuenne, Moran and Hyatt: YES. Motion passed unanimously. 2. Design Build for Metal Building at Hardesty Property Contract Approval Public Works Director Scott Fleury introduced Senior Project Manager Kaylea Kathol. Council discussed the phases of the project and cost estimates. Graham/Hyatt moved approval of award of a progressive Design -Build agreement with S+B James Construction Management for $184,182 for Phase 1 design services for the development of a Public Works operations building and maintenance yard at 1291 Oak Street. Discussion: Graham spoke that as a municipality a big part of responsibility is infrastructure and long-term plans. She spoke that is important to stay on schedule. Hyatt spoke regarding B street yard what it can bring to our community. She spoke in support of the motion DuQuenne spoke that the location is excellent for workforce housing. Roll Call Vote: DuQuenne, Moran, Graham and Hyatt: YES. Motion passed unanimously. 2022 City of Ashland Waste Water Treatment Plant (WWTP) 200 kW Resiliency Project This 2022 Ashland WWTP Resilience project is being developed to provide Solar Power and a battery backup system to reduce WWTP power costs and serve as a first step providing resiliency for the plant in the event of a power outage. The 200kW solar project will consist of (16) locally produced, highest efficiency Stracker Model SIB units (like those in the ScienceWorks parking area), connected to a single Ashland Electric transformer. An appropriately sized lithium battery system will be installed at the WWTP to power a few essential components during general power outages. The project will likely be contingent on securing an Oregon Department of Energy (ODOE) Community Renewable Energy Program (CREP) grant, which could pay 100% of the total project costs. Grant applications are due June 10, so time is of the essence. Stracker Solar is available to prepare and submit the grant applications. If this alternate project is desired, we request the City formally decide to pursue the project, and then provide a Letter of Intent to allow application to ODOE for the CREP grant. This red box on this image shows one possible location for an (18) Stracker location — convertible to (16). The larger image shows the variety of placements available, as well as how a full 1.2MW expanded project might look. 2022 Alternate Resiliency Proposals- WWTP &Airport May 17,2022 2022 City of Ashland Airport 200 kW Resiliency Project This 2022 Ashland Airport Resilience project is being developed to provide a Distributed Generation (DG) Solar project with a battery backup to enable the airport to continue essential operations in the event of a power outage. The 200kW solar project proposal consists of (16) locally produced, highest efficiency Stracker Model S16 units (like those in the ScienceWorks parking area), connected to a single Ashland Electric transformer. An appropriately sized lithium battery system will be installed in the Electric Building to power essential components for ongoing airport operation during general power outages. The project will likely be contingent on securing an Oregon Department of Energy (ODOE) Community Renewable Energy Program (CREP) grant, which could pay 100% of the total project costs. Grant applications are due June 10, so time is of the essence. Stracker Solar is available to prepare and submit the grant applications and FAA Glare Study as a service to the community. If this alternate project is desired, we request the City formally decide to pursue the project, and then pr Suggested initial 200kW Layout Possible Electric Interconnect 2022 Alternate Resiliency Proposals- WWTP &Airport ODOE for the CREP grant. Model Perspective View Proposed Dual -axis BiFacial PV Trackers May 17,2022 ADDENDA Possible Airport system Expansion for highest production 1MW System StrackerSolar.com I �/ S T R A C K E R Proudly produced in 541-631-1275 V SOLAR Ashland, Oregon 2022 Alternate Resiliency Proposals- WWTP &Airport �IM May 17,2022 A Glare Study prepared as a public service for the City of Ashland Ashland Airport Stracker Field 16 Strackers North of Hangars Client: Stracker Solar Created May 5, 2022 Updated May 10, 2022 Time -step 1 minute Timezone offset UTC-8Slte ID 68664.12135 Project type Basic Project status: active Category 100 to 500 kW (1,000 kW 18 acre limit) Misc. Analysis Settings DNI: varies (1,000.0 Wlm"2 peak) Ocular transmission coefficient: 0.5 Pupil diameter: 0.002 m Eye focal length: 0.017 m Sun subtended angle: 9.3 mrad Summary of Results 1 "TRACKER SOLAR Analysis Methodologies: • Observation point: Version 2 • 2-Mile Flight Path: Version 2 • Route: Version 2 PV Name Tilt Orientation "Green" Glare "Yellow" Glare Energy Produced deg deg min min kWh PV array 1 DA tracking DA tracking 1,541 0 - PV array 2' DA tracking DA tracking 1,642 0 - PV array 3' DA tracking DA tracking 1,433 0 - PV array 4' DA tracking DA tracking 1,292 0 - PV array 5' DA tracking DA tracking 1,191 0 - Stowed' 0.0 180.0 3,078 0 - 'PV area of Strackers approximated by 5 east -west strips of larger total area. `PV area of Strackers approximated by total bounded area 2022 Alternate Resiliency Proposals- WWTP &Airport May 17,2022 ASHLAND LEGAL DEPARTMENT Douglas M. McGeary, Acting City Attorney Carmel Stout Zahran, Assistant City Attorney Dana Smith, Administrative Analyst August 30, 2023 Re: Council Meeting Minutes from 2021 and 2022 not signed Minutes from council meetings during 2021 and all of 2022 were not signed by former Mayor Akins and therefore could not be signed by the Recorder as required by ordinance. All minutes listed below were approved by council, although the original minutes for 2021 are not available. The city attorney determined a cover letter with a list of the meeting dates missing signatures could be signed by the present mayor and recorder to meet the signature requirements in AMC 2.04.040(B.). 2021 Meetings 04/05/2021 07/06/2021 11 / 16/2021 04/06/2021 07/ 19/2021 11 /23/2021 04/ l 9/2021 07/20/2021 12/ 10/2021 04/20/2021 08/02/2021 12/21 /2021 05/03/2021 08/03/2021 05/04/2021 08/ 16/2021 05/ 13/2021 08/ 17/2021 05/ 17/2021 09/07/2021 05/ 18/2021 09/20/2021 06/01 /2021 11 /01 /2021 06/ 14/2021 11 /02/2021 06/ 15/2021 11 / 11 /2021 06/29/2021 11 / 15/2021 2022 Meetings 01/03/2022 04/05/2022 08/01/2022 12/05/2022 01/04/2022 04/19/2022 08/15/2022 12/06/2022 01/18/2022 05/02/2022 09/06/2022 12/19/2022 01/31/2022 05/03/2022 09/19.2022 12/20/2022 02/01/2022 05/16/2022 , 10/03/2022 02/14/2022 05-17-2022 10/04/2022 02/15/2022 06-06-2022 10/17/2022 02/28/2022 06/07/2022 10/18/2022 03/01/2022 06/21/2022 10/31/2022 03/14/2022 07/05/2022 11/01/2022 03/15/2022 07/18/2022 11/14/2022 City Recorder Melissa Huhtala LEGAL DEPARTMENT 20 East Main Street Tel: 541.488.5350 Ashland, Oregon 97520 Fax 541.552.2092 ashland.or.us TTY: 800.735.2900 a4,AA---_ Mayor Ton a Graham •W=IVIWNW OT..a.1.. Council Business Meeting June 7, 2022 Agenda Item Approval of Liquor License Request for Ashland Wine Cellar From Melissa Huhtala City Recorder Contact Melissa. huhtala(a-ashland.or.us; (541) 552-2084 SUMMARY This is a request for approval of a liquor license application for Ashland Wine Cellar 357 East Main St., 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 Limited 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 Ashland Wine Cellar. REFERENCES & ATTACHMENTS Attachment 1: Application Page 1 of 1 CITY OF -ASHLAND Espinosa UREGON UQUOF CONTROL COMMISS;ON PRINT FORM REMS LIQUOR LICENSE APPLICATION RESET FORM 1. Application. Do not Include any OLCC tees with your appt!cdUon packs-t (the litenSe tee will bt% Collacte d at a late! time) Applitatior !, hPtnF mJA2 for License Applied For. Brewery 11 Location — - — —� 3rrnery Additional location [I'-) '-.I (3 °) i Rrowory-Public Hmn %e (RPHI t' location BPH Addatonal location iz-1 •-- i-Y I '_! Distillery - - i r =u!. a-t•?rtmrlrC',, Commeriiat {' c Full On-Prem?se,, Caterer Full On -Premises_, PJssenger Carrier full On Premise:, Other Public Location i ull On-P,em_iset, Tor Profit Private Club t Fiji] On-Premises,'NonprofitPrivate Club Grower S.ik . Prrvikge_(GSo) l x location _ GSP Additional locrtion (21) C, 0`1 -7:1 X Limited On -Premises per eitiail 2-Z7-21 RE Warehouse CITY AND COUNTY USE ONLY Ddte dpp'IKdllorl received dild1uf date stdmp Name of City or County- Rr•tomrncnd-. the Itcense be: ❑ Granted j`1 Dented By. _ ._-- Date: OLCC USE ONLY Date application received 2-7-77 Date application accepted. 2 7 12 Wintry 1" location License Action(s): W!nrry Additional location (2') (' (31) 0 N/U 2-'oentifq the appLtant(sl applying for me ticense(sl. ENTITv (example: corporation or LLC) or INDIWDUA051' applying for the lirr m e(s). tan!t*, a of - 2 24 22 RF Apo#l: NAME OF ENTITY OR INDIVfDUAL APPLICANT Appit2 NAME OF ENTITY OR INDIVIDUA! APPLICANT Asnfi as thine Cevil, L I C l,pa 03: NAME Of -ENTITY OR INDIVIDUAL APPLICANT Apo 114: NAME Ol ENTITY OR IND:viDUAL APPLIC NT 3. T ride Name of the Business (Name Custcimv s Will 5ce) —' ASnlana Shine C 4a,- 4. fdusute-, Address ;Numtirt and Stied Address of the Location teal will have the liquor license) 357 fast Mat-' sileel City Af.Nantt countv l:irk.nn Zip Code 9T5.m) ReaQ the_ m)tryCtian: ore parr 1 corcluJrY. ! -w,-1v ar4ily!ng for inn Itcefnc, r6t the rwmr of the entity a, an appieunt, tf ati nd!y�dval is eppiytng u d siAe wwuplietnt (nu erttifyi Iio rhr mrhwrtt,al a[ a-, 3t)pltcJn - t>.LI i ads• r1r.Y• xa"T,xC, rM i:i. 2:. i OR> GON' LIQUOR CONTROL CO'V MUSSION r . LIQUOR LICENSE APPLICATION S. Trade 'N mt! of the business (Name Customers WN Ser! IAsnand Wine Cnl:ar r6-Does the business address currently have an OLCC ltttuur license? YEj NO 7. Does the truslneu addr@ss currently have an CkCC mari;uann sacenre r VF; NO -- 8. Maiiing Address/PCI Box, Number, Street, Rural Route (where the OLCC will send your license certificate, renPwral appilcltion and other mailin s ..e. dam-,cribed in PG Sax 2 76 �Cjha A+tttatd State CYc�on I Do Code37., 19. Phone Number of the Bu3mes•. location 10. f.mail Contact for Ihi, App(iCation and for the Buslne,; SO t 4 2 t t t Ilrisps� tti i•sdv► nenCJlBt.can 1L Contact Person for this Applicx*n Pnone Number {Jamey Whanke, Contact Pemm's MailingAddn^s:, {if different) City State L•p code Plc -.Li., ru7tn tha' hquor licenit. applicat-ons are pub�-c i e-c -�ds A copy of the applkat•on wi'..r be pu:!ed oa the OLCC w'etS .e tot a Der<A of several weak: ATTESTATVN: •'READ CAREFULLY ANO MqK: SURE YOU UNQERSTAldD BEFOFg SWNiNG THIS FORM •• tinde(stand that rrariluana r5 pro k" on the licensen premises This •rclucies marii.:ana tjw., consumption. t1gi ;lion, inheletio,, ;arnplfv, civ- ow•ay. Sale. etc I attest that all answer 3 orb all forrt::.rnri docurnt•*+t%, ann all info,tr.atiun ptwoe0 to the O:r.0 JS a par: c• 'h-: d{.pfitAcmOrr true aid:Orr.-i2t_' 1 affirm that I halve read -jAR E45-;k2:•6?t ` and all individuals (sole proprictor) ar entities with an ownership interest (other than waivable ownership interest per OAR $45-005-0311161} are listed as llctnse appticants in 62 above. I understand that failure to IiSt .in individual or entity echo has an unwarvabte ownership interest In the business may mutt in denial of my license or the CXCC taking action against my license in the event that an undISdOs-ed ownership interest is discovered after license issuance. Applieantlsi Signature • Each iridivid.lal (tnit! Itropriztur) IlstvJ a: an applicant mu%t Llgn MC ay F4rtatwr, below • it :in a -heart is an ent,tY, vxh .r. a ccvporation or ILC..11 tract rsne tIy1NYiDUAi who rS Outhori:ed to Sign for the entity i,u :till the dpoltwtior. • An ir4imdual w-,h the authoeny tos+gn on behalf of ;he applicant {such as the applr.:ant's a'tom.y or an inckvicua' witr. Dower e` attxnr•vt wy ;etrl ;he appltratinn It an rndiNdwl W,ttar th Tz an aat+licx+t Sign; ;he appiic rtion, pleaiC Grwlde written proof of siEntrtort authrrity. Attorittys mitre on tah.tl+ of .tppor-2 is rriav list the state of bar litensure Ind bai number in lieu of written pi + tY from an ,Ittpii _ant. ADpllconts ore crilt retponsible for no infirrrnerion on drk form. ADR •1: jPfR(M NAMEl - TURE) AptlM1: signature Date Atty..pkir IrtlOrrrfatnin {I{7Mtitl�tel App. Irj (PRINT NAME) App fr2: IS+GNATURE) App 43, (trftlKr t+lardEj Ape 01 iSIGNAMREI Am 92: mature Date AP P al SIL"aturo Elate A-1 Gar Inf6rmdtrun (if atwllt;abrlel Arty. Liar interrr•:tnn l,r eppl,catd•i Ape. flat (PRttyt NAlIIE�' Ape i1 (CfGNATURf t __ - -- Apo M: S�ruturt Ua:e Arty. Re ;InforrnatKTn (•t JPRlttilll[) Air t.aaov U. ra,a. A�,t4 i_w •fw i t4 yi PRINT FORM OREGON LIQUOR CONTROL COMMISSION ' INDIVIDUAL HISTORY FORM RESET FORM 7. Name INrtnti. Whnikker dames �P. - 2 tl.hei narr : used {maiden, ornrr) 3 Do yov have a SOctal Security rlurnxr 15yN) aulecl oy the Untted Stitrs Sotlal Secunty Admaus+.tati(Irr7 Ye Wi !I yes, you must fist Wut SS✓\ SOCML SECURITY Nt1t KA DISCLOSURE: At part et 1'O.n .uv�c't',.gr for an tanat or tenew:+ hren,,e, Fa -fetal and Steer taw'. ►equ�m $ft to 0(viink 1 vow Scxi;W 5!tiv Iv Nwnbe, ISSN., I !4e Orrt, t.% L.quor Co.vml CorrtnaWr, {OICC) trx rhtid Support rnrorr.mant purfx,w^ (ad RISC 4 666(a1113; 6 ff ):u arr an apphtim or It(CPWC WKI fait to arowdr your SSIV, the (71C: n•.ev refuse to procrtS ~ BP('I+Cdrron vW1 SSA! will ttr ,. ed only I tlON, iugWr: t-nro+r.eT"Wit purposes W17rlt pau tn(ty,>tr tWba it.3wo on nut atsthotnV ,in*," t1115 A71 11. rod 0AP 24'a (MY, 0417ihi. we rrt rW^sttnl Wjut vdunu,v rpnctnt t,� uvt V" Sik fat Ihr tottovonr adrt m nuatrvr purpmn nnfy- to matrh :.Qplrcatinn to ytxtr Alrntp! �~r ErluCaton rctordl (wivere appbcaytei, and to emu•r Mr Identn +or UIW chat recoreti rho i, 01,Lt will opt deny you soy ri#g-, bmrtitt or prtwdeEes cnhvcveyw proridat by law it vft do rW comrnt t0 use of lutr SSN lev Owm- admirvarative purposes 15 VSC§ S52(al - 4. Do You cols-nr !o the, OLf.C-. ime of my SSK as descnt�ed abovv7 Choel ttt15 box D S. Gate of Birth (DOEY (mm) I dd) ! yyyy) 6.00+rCr lu:4n;e Gr Sate 10 p 7. ;ta:m------- k Gortact Phone: + _-mat, Address jtr+*,z%:4hland•rvineosllar ;x)m 10 Drldthn& O,dd•ass: - I T _v — I is= !■ - 11: _ INuniber rod Stre" rtyj IS ,rtr) (ZIP Ewe) 11 ,n tt+r rj%f 14 yran. have rou been canvtctcd of a trlc+nv N a mu60-ntaanur trt a u S state ourstoe of Chi. -Son) i Nrj ZYr; II (n yex, exptatn In !hr space provided, belor.l Un- uW C EI- t hmf! thr. option and vwnce art rAp!anatix I'. for example. you ymrr. arrested (m went to Court, but a-P un,ure of whether ttere was a conviction; you paid a first at Served orolJ3un- or parole, ow are uMutn M Whether twrn tvac a convwticn- or if Wu know vo:. had a rnnvichion. but vnu err unsure ed %%Tw ittrr tr,r convb-mon na; oeen renxmtf from your r[Yord, etc. 1`07v, •.821 t'xot 2 al S dames f r OREGON LIQUOR CONTROL COMMISSION' INDIVIDUAL HISTORY FORM 12 Do you, of any entity that you .trr a pan of. currently hold OK have Y.Mprevioully held a rrcreatsonal mm;uar-a license ,n Oregon') (Note: Marijuana worker permits are not mahfiWn;t (r•,Cr-ScZ) Non vF, II ptr.rce 1r,t.'rccnscs 13^0 yearlsl 4Crn,eC; bNow Uniure PIcaY:- mcrutit kn expt,3tWtton- 13. Do You, or any entity that you are a oars ol, hnta a- atct+Itio1 Ucense rn a US f tali nuts+dl Of Ctirr t►n ►1e7 Yts II Plra-r li%t Imemm Jana VVW(:) 1<e-edl r`-:nw U^sure -0 Pleaw rnrluriv an expitn.iiz +n- 1A. DO yo., or any entity that you arty a part of, have any r4her (,poor license appWt.cm. pendqr!.g vith ttu+ OLCC? Nc res a Ptratr tnt a{-pl+ca^+on5 tFtioty Unsure Il /`fe35e incyudr rc rxlt;anatrC^ 'r m+.jst Srgr year own forrr: (t•lrctroHc ltgnatvre 4cceptaiy 1. Mother mdwiduaL sucf: as your a:torewy ar an individual v.-th j N..•wrr rill 8!tOnrCy, moyrot irgn your form Affirmation Even it I receive assistance to ccmpletrng this totm, l afftrit+ by my signatute. below, that my answers on this form are true and <Omptcrte. I understand the OLCC will txa the above information to check my records+ including but not limited to my criminni h NW,y. I understand that of my answers air not trur and CornPtete, the OLCC may deny my license application. - - -- r-.-- Aj-lt• rPr •nt ) jwhitaker Sistnaturtp: This box for OLCC use ONLY y r r'• Middle G 1 /28/2022 Dahl: _ - 004i Ilte ncLvctuat cur-rntiy hgld. Or t17S thn ndeyrdUel `yp,iy Irr,10. 3n ULCC: rs NCc! M[?JOf 4ftr�� Page 3 at 3 OREGON LIQUOR CONTROL COMMISSION BUSINESS INFORMATION Piea:,ta Print ot Typu 5.11-M8-2111 2-24-22 RE Ashland Wine (chat LLC 2-24-22 KE Applic int Name: _ Nhone: T ride Name (dba)• Ashland Wine Cellar Business Location Address; 353 East Main St Ctly, Ashland _ ZIP Code 4 520 Business Hours: Outdoor Area Hours: Tho w:doo. area 6 rred for 5ur4ay t-_ to Sunday �10 J Fooa se,-ewo Hours. to Mon. y Tua An►' �,� to tar+ _ _ Woomesday to ::•� 'Wednesday _— to U tnr�crsea txn. 1 ri l" in?y to m. Thur wa} • - _ to hu ximor area s jdtj Rrrataty +rsiwpd a�+�.'or epe F',d-at' +sr+� !o so+ - — F r4av _ to . r 'Ar tr..r od btu Serece Pemittwe sanzTkr; - to a- Saluroay _ to -- ('+ YCBt�31ar : Irnts3k i Seasonal Variations (] Yes ❑ No If ves, explain. t lows and days rtlay expand tnr Gt•r•.r>1n events Inc sc arcmllly depending on tounct vUiur,e Check all Lhat apply ❑ Live Music ❑ Karaok(e 0 Recorded Mus!c ❑ Coin -operated Games. ❑ D! %%uric ❑ thdt:o Lotbefy Machines ❑ Danr,rsq ❑ Social Gaming ❑ Nude Entertairwrs ❑ ?oaf Tarw_' ❑ oth"' Resta-ir rm- Outdate+ La.:�gn 0tno, ioxpta,n) shop area: 25 E3 rgturt Total Seating- 25 Sunday to Monday to Tuesday Zc WodnesdaY to Thursday to Friday +o --- smurday to rncc trsf onar Onrried 5ratN -__(VI A__(k) ,�r"� IrKYS RE Jsrc 2-24-22 I undersvind if my answe c mini om-plcte, the OLCC may deny my license application Applicant Signature: i r Oates_ �f 'z z I 1-$40-452-OLCC (6522) , www.oreyott.gov,'olcc trey 12'071 Council Business Meeting June 7, 2022 Agenda Item I Authorization to Partner with Elk's Lodge on AED Grant Application From Tighe O'Meara I Police Chief Contact Tighe.omeara(cD-ashland.or.us 541-552-2142 SUMMARY Staff is seeking Council authorization to partner with the Elk's Lodge to apply for a grant. POLICIES, PLANS & GOALS SUPPORTED N/A PREVIOUS COUNCIL ACTION None BACKGROUND AND ADDITIONAL INFORMATION The Ashland Police Department was approached by the grants manager at Ashland's Elk's Lodge to partner on a public safety needs grant. The Elk's Lodge is positioned to potentially ask their national organization for a $4,000 grant to lessen the burden of a local government to deliver services to the community. One way that this can be accomplished is through the purchase of automated external defibrillators (AEDs) that are critical in saving the lives of people suffering from cardiac arrest. Every Ashland police officer is trained to use these devices, and the purchase of additional devices can make them more readily available to officers responding to people in distress. Each device costs approximately $1,200. If the grant process is successful APD would use the money to purchase four AEDs for deployment in patrol cars. Currently none of the patrol cars have AEDs in them. The approximately $800 overage would be absorbed in the police department's budget. FISCAL IMPACTS The unaccounted for $800 can be absorbed in the department's budget. The $4,000 contributed by the Elk's Lodge would have to be included in a supplemental budget added back into the department's budget at a later date. STAFF RECOMMENDATION Staff recommends Council approves APD's participation in applying for the grant through the Elk's Lodge. ACTIONS, OPTIONS & POTENTIAL MOTIONS I move Council authorizes the police department to apply for this grant through the Elk's Lodge. REFERENCES & ATTACHMENTS None Page 1 of 1 CITY OF -AS H LA N D Council Business Meeting 06/07/2022 Agenda Item Housing Insecurity Grant (State Grant-SB-5561) Acceptance From Linda Reid Housing Program Manager Contact reidl(a-)_ashland. or. us 541-552-2043 SUMMARY In the 2021 2nd special legislative session, the Oregon Legislature appropriated 14 million dollars from the General Fund to provide grants to Community Development Block Grant (CDBG) recipients for programs or services that address housing insecurity, lack of affordable housing or homelessness. There are 14 entitlement jurisdictions in the State of Oregon that receive a direct allocation of CDBG funding from HUD. Senate Bill 5561 stipulated that the grant money should be divided evenly among them. The money has to be paid by DAS by June 30th, 2023, but does not have to be spent by the awarded cities by June 30th, 2023. However, the awarded cities do have to file an annual report with DAS every year detailing how the money has been used until it is fully spent. Staff has outlined a process to identify potential activities which could utilize this one-time resource. The City Manager presented this process to the Housing and Human Services Commission at their regular meeting on May 26, 2022 to gain input on the proposed process. Both the memo detailing the proposed process and the minutes containing the Commission's recommendation are attached to this communication. POLICIES. PLANS & GOALS SUPPORTED 2020-2024 Consolidated Plan for Use of CDBG funds Tier 1: Higher Priority Emergency Preparedness Address Climate Change Tier 2: Moderate Priority Economic Development Housing Needs Homeless Services All -Age Friendly Community PREVIOUS COUNCIL ACTION Not Applicable BACKGROUND AND ADDITIONAL INFORMATION In the 2021 2nd special legislative session, the Oregon Legislature appropriated 1 million dollars from the General Fund for a grant to recipients of CDBG funding to support programs or services that address housing insecurity, lack of affordable housing or homelessness. FISCAL IMPACTS Page 1 of 2 CITY OF -AS H LA N D This project will incur in kind costs for administration of the project by the City of Ashland's housing program specialist, as well as some administrative support from the City's Planning, Legal and Accounting departments. The City was not required to provide any matching funds for this grant. STAFF RECOMMENDATION Staff recommends that the City Council accept the award of $1,000,000 from the State of Oregon Department of Administrative Services and appropriate the funds so City staff can move quickly when an opportunity presents itself. ACTIONS, OPTIONS & POTENTIAL MOTIONS I move to accept the award of $1,000,000 in State of Oregon Department of Administrative Services funding and approve the appropriation of the funds to the Housing Program. REFERENCES & ATTACHMENTS Grant agreement between Oregon Department of Administrative Services and the City of Ashland 2021 Senate Bill 5561 Draft Strategic Housing and Emergency Shelter Plan Page 2 of 2 CIT Y O F -AS H LA N D GRANT AGREEMENT Title: Senate Bill 5561 (2021 2nd Special Session) General Fund Grant Agreement Number: 107-2021-5561-20 This grant agreement ("Contract"), dated as of the date the Contract is fully executed, is made by the State of Oregon, acting by and through its Department of Administrative Services ("DAS"), and the City of Ashland ("Recipient"). This Contract becomes effective only when fully signed and approved as required by applicable law (the "Effective Date") and, unless earlier terminated, expires on June 30, 2023 (the "Expiration Date"). The period from the Effective Date through the Expiration Date is hereinafter referred to as the "Grant Term." Pursuant to the Oregon Laws 2021, chapter 4, section 32 (Second Special Session) (the "Authorization"), the Oregon Legislature appropriated $1,000,000 from the General Fund for a grant to Recipient for programs or services that address housing insecurity, lack of affordable housing or SECTION 1— GRANT DAS shall provide Recipient, and Recipient shall accept from DAS, a grant (the "Grant") in the amount of $1,000,000. Conditions Precedent. DAS's obligations are subject to the receipt of the following items, in form and substance satisfactory to DAS and its counsel: (1) This Contract duly signed by an authorized officer of Recipient; and (2) Such other certificates, documents, opinions and information as DAS may reasonably require. SECTION 2 — DISBURSEMENT A. Full Disbursement. Upon satisfaction of all conditions precedent, DAS shall disburse the full Grant to Recipient. B. Condition to Disbursement. DAS has no obligation to disburse funds unless, in the reasonable exercise of its administrative discretion, it has sufficient funding, appropriations, limitations, allotments and other expenditure authority to make the disbursement. SECTION 3 - USE OF GRANT A. Use of Grant Moneys. (1) Recipient shall use the Grant for programs or services that address housing insecurity, lack of affordable housing or homelessness. B. Costs Paid for by Others. Recipient may not use any of the Grant to cover costs to be paid for by another State of Oregon agency or any third party. SECTION 4 - REPRESENTATIONS AND WARRANTIES OF RECIPIENT Recipient represents and warrants to DAS: A. Organization and Authority. (1) Recipient is a city validly organized and existing under the laws of the State of Oregon. Page l of 6 (2) Recipient has all necessary right, power and authority under its organizational documents and under Oregon law to (a) execute and deliver this Contract, (b) incur and perform its obligations under this Contract, and (c) receive the Grant funds. (3) This Contract has been authorized by an ordinance, order or resolution of Recipient's governing body. (4) This Contract has been duly executed by Recipient, and when executed by DAS, is legal, valid and binding, and enforceable in accordance with their terms. B. Full Disclosure. Recipient has disclosed in writing to DAS all facts that materially adversely affect its ability to perform all obligations required by this Contract. Recipient has made no false statements of fact, nor has it omitted information necessary to prevent any statements from being misleading. The information contained in this Contract is true and accurate in all respects. C. Pending Litigation. tom. Recipient has disclosed in writing to DAS all proceedings pending (or to the knowledge of Recipient, threatened) against or affecting Recipient, in any court or before any governmental authority or arbitration board or tribunal, that, if adversely determined, would materially adversely affect the ability of Recipient to perform all obligations required by this Contract. D. No Defaults. No Defaults or Events of Default exist or occur upon authorization, execution or delivery of this Contract. E. Compliance with Existing Agreements and Applicable Law. The authorization and execution of, and the performance of all obligations required by, this Contract will not: (i) cause a breach of any agreement or instrument to which Recipient is a party; (ii) violate any provision of the charter or other document pursuant to which Recipient was organized or established; or (iii) violate any laws, regulations, ordinances, resolutions, or court orders related to Recipient or its properties or operations. SECTION 5 - COVENANTS OF RECIPIENT Recipient covenants as follows: A. Notice of Adverse Change. Recipient shall promptly notify DAS of any adverse change in the activities, prospects or condition (financial or otherwise) of Recipient related to the ability of Recipient to perform all obligations required by this Contract. B. Compliance with Laws. Recipient shall comply with all applicable laws, rules, regulations and orders of any court or governmental authority that relate to this Contract and Recipient's use of the Grant funds. C. Annual Progress Reports. Recipient must submit to DAS annual progress reports (each a "Progress Report") until Grant funds are fully expended. A Progress Report is due one year from distribution of funding and thereafter annually until the Grant funds are fully expended. Each Progress Report shall contain a brief narrative and financial report on the total use of Grant funds. The narrative and financial report should include, but need not be limited to, the following information: (1) Brief description of the project and use of Grant funds to date; (2) Timeline for major project deliverables; (3) Grant funds spent to date; and (4) Project milestones met to date. Page 2 of 6 D. Books and Records. Recipient shall keep accurate books and records of the uses of the Grant and maintain them according to generally accepted accounting principles. E. Inspections: Information. Recipient shall permit DAS and any party designated by DAS to inspect and make copies, at any reasonable time, of any accounts, books and records, including, without limitation, its records regarding receipts, disbursements, contracts, investments and any other related matters. Recipient shall supply any related reports and information as DAS may reasonably require. F. Records Maintenance. Recipient shall retain and keep accessible all books, documents, papers, and records that are directly related to this Contract for a minimum of six years beyond the later of the final and total expenditure or disposition of the Grant. If there are unresolved issues at the end of such period, Recipient shall retain the books, documents, papers and records until the issues are resolved. G. Notice of Default. Recipient shall give DAS prompt written notice of any Default as soon as any senior administrative or financial officer of Recipient becomes aware of its existence or reasonably believes a Default is likely. H. Indemniiy. Subject to the limitations of the Oregon Tort Claims Act, ORS 30.260 to 30.300, Recipient shall defend (subject to ORS chapter 180), indemnify, save and hold harmless the State of Oregon, DAS and their officers, employees and agents from and against any and all claims, suits, actions, proceedings, losses, damages, liability and court awards including costs, expenses, and attorney's fees incurred related to any actual or alleged act or omission by Recipient, or its employees, agents or contractors. SECTION 6 - DEFAULTS Any of the following constitutes an "Event of Default": A. Any false or misleading representation is made by or on behalf of Recipient, in this Contract or in any document provided by Recipient related to this Grant. B. Recipient fails to perform any obligation required under this Contract, other than those referred to in subsection A of this section 6, and that failure continues for a period of 10 business days after written notice specifying such failure is given to Recipient by DAS. DAS may agree in writing to an extension of time if it determines Recipient instituted and has diligently pursued corrective action. SECTION 7 - REMEDIES A. Remedies..Upon any Event of Default, DAS may pursue any or all remedies in this Contract and any other remedies available at law or in equity to enforce the performance of any obligation of Recipient. Remedies may include, but are not limited to any one or more of the following: (1) Terminating DAS's commitment and obligation to make the Grant. (2) Barring Recipient from applying for future awards. (3) Withholding amounts otherwise due to Recipient for application to the payment of amounts due under this Contract. (4) Requiring repayment of the Grant and all interest earned by Recipient on those Grant funds. B. Application of Moneys. Any moneys collected by DAS pursuant to section 7.A will be applied first, to pay any attorneys' fees and other fees and expenses incurred by DAS; then, as applicable, to repay any Grant proceeds owed; then, to pay other amounts due and payable under this Contract, if any. Page 3 of 6 C. No Remedy Exclusive, Waiver; Notice. No remedy available to DAS is intended to be exclusive, and every remedy will be in addition to every other remedy. No delay or omission to exercise any right or remedy will impair or is to be construed as a waiver of such right or remedy. No single or partial exercise of any right power or privilege under this Contract will preclude any other or further exercise thereof or the exercise of any other such right, power or privilege. DAS is not required to provide any notice in order to exercise any right or remedy, other than notice required in section 7 of this Contract. SECTION 8 - MISCELLANEOUS A. Time is of the Essence. Recipient agrees that time is of the essence under this Contract. B. Relationship of Parties, Successors and Assigns; No Third -Party Beneficiaries. (1) The parties agree that their relationship is that of independent contracting parties and that Recipient is not an officer, employee, or agent of the State of Oregon as those terms are used in ORS 30.265. (2) Nothing in this Contract gives, or is to be construed to give, directly or indirectly, to any third persons any rights and benefits greater than those enjoyed by the general public. (3) This Contract will be binding upon and inure to the benefit of DAS, Recipient, and their respective successors and permitted assigns. (4) Recipient may riot assign or transfer any of its rights or obligations or any interest in this Contract without the prior written consent of DAS. DAS may grant, withhold or impose conditions on such consent in its sole discretion. In the event of an assignment, Recipient shall pay, or cause to be paid to DAS, any fees or costs incurred because of such assignment, including but not limited to attorneys' fees of DAS's counsel. Any approved assignment is not to be construed as creating any obligation of DAS beyond those in this Contract, nor does assignment relieve Recipient of any of its duties or obligations under this Contract. For the avoidance of doubt, nothing in this Section 8(B)(4) prevents Recipient from distributing Grant funds to contractors or subgrantees for the purposes described in Section 3(A). C. Disclaimer of Warranties, Limitation of Liability. Recipient agrees that: (1) DAS makes no warranty or representation. (2) In no event are DAS or its agents liable or responsible for any direct, indirect, incidental, special, consequential or punitive damages in connection with or arising out of this Contract. D. Notices and Communication. Except as otherwise expressly provided in this Contract, any communication between the parties or notices required or permitted must be given in writing by personal delivery, email, or by mailing the same, postage prepaid, to Recipient or DAS at the addresses set forth below, or to such other persons or addresses that either party may subsequently indicate pursuant to this'Section. Any communication or notice by personal delivery will be deemed effective when actually delivered to the addressee. Any communication or notice so addressed and mailed will be deemed to be received and effective five (5) days after mailing. Any communication or notice given by email becomes effective 1) upon the sender's receipt of confirmation generated by the recipient's email system that the notice has been received by the recipient's email system or 2) the recipient's confirmation of receipt, whichever is earlier. Notwithstanding this provision, the following notices may not be given by email: notice of default or notice of termination. Page 4 of 6 If to DAS: Oregon Department of Administrative Services ATTN: Kate Nass, Deputy Chief Financial Officer 155 Cottage St. NE Salem OR 97301 kate. nass 2oreg_on. gov If to Recipient: City of Ashland ATTN: Joe Lessard, City Manager 20 E Main Street Ashland OR 97520 j oe.lessardgashland . o r. u s E. No Construction against Drafter. This Contract is to be construed as if the parties drafted it jointly. F. Severability. If any term or condition of this Contract is declared by a court of competent jurisdiction as illegal, invalid or unenforceable, that holding will not invalidate or otherwise affect any other provision. G. Amendments, Waivers. This Contract may not be amended without the prior written consent of DAS (and when required, the Department of Justice) and Recipient. This Contract may not be amended in a manner that is not in compliance with the Authorization. No waiver or consent is effective unless in writing and signed by the party against whom such waiver or consent is sought to be enforced. Such waiver or consent will be effective only in the specific instance and for the specific purpose given. H. Attorneys' Fees and Other Expenses. To the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, the prevailing party in any dispute arising from this Contract is entitled to recover its reasonable attorneys' fees and costs at trial and on appeal. Reasonable attorneys' fees cannot exceed the rate charged to DAS by its attorneys. I. Choice of Law: Designation of Forum: Federal Forum. The laws of the State of Oregon (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this Contract, including, without limitation, its validity, interpretation, construction, performance, and enforcement. Any party bringing a legal action or proceeding against any other party arising out of or relating to this Contract shall bring the legal action or proceeding in the Circuit Court of the State of Oregon for Marion County (unless Oregon law requires that it be brought and conducted in another county). Each party hereby consents to the exclusive jurisdiction of such court, waives any objection to venue, and waives any claim that such forum is an inconvenient forum. Notwithstanding the prior paragraph, if a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for the District of Oregon. This paragraph applies to a claim brought against the State of Oregon only to the extent Congress has appropriately abrogated the State of Oregon's sovereign immunity and is not consent by the State of Oregon to be sued in federal court. This paragraph is also not a waiver by the State of Oregon of any form of defense or immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States. J. Integration. This Contract (including all exhibits, schedules or attachments, if any) constitutes the entire agreement between the parties on the subject matter. There are no unspecified understandings, agreements or representations, oral or written, regarding this Contract. Page 5 of 6 K. Survival. The following provisions, including this one, survive expiration or termination of this Contract: Sections 5.C., 5.E., 5.F., 5.H., 6, 7, 8.H. and 8.I. L. Execution in Counterparts. This Contract may be signed in several counterparts, each of which is an original and all of which constitute one and the same instrument. Recipient, by its signature below, acknowledges that it has read this Contract, understands it, and agrees to be bound by its terms and conditions. STATE OF OREGON RECIPIENT, acting by and through its Department of Administrative Services By: By: Date: Date: APPROVED AS TO LEGAL SUFFICIENCY IN ACCORDANCE WITH ORS 291.047: Sam Zeieler via email dated 2/15/2022 Senior Assistant Attorney General Page 6 of 6 DRAFT Strategic Housing and Emergency Shelter Planning June 2,2022 Affordability Priorities Short -Term 1. Immediate and Life -threatening • Temporary Extreme Weather Shelter 2. Transitional Housing' (6 mos.-2 yrs.; move to self-sufficiency) • Family with Children Housing • Individual Housing Long -Term 3. Permanent Supportive Housing2 4. Affordable Housing'/Workforce Housing4 • Deed restricted permanent affordable housing Process 1. Identify available City resources - Spending plan Housing infrastructure sources - available one-time funding o Grant funding ■ CDBG Housing Trust Fund Turnkey Grant Additional Grants o Sale of City property o Community contributions o Etc./Other • Housing operations sources - Available ongoing/annual funding o CDBG o Housing Trust Fund o State of Oregon ■ Access (Community Action Agency) o Community contributions o Etc./Other 2. Housing and Human Services Advisory Review & Comment ' Transitional housing (TH) is designed to provide homeless individuals and families with the interim stability and support to successfully move to and maintain permanent housing. Transitional housing may be used to cover the costs of up to 24 months of housing with accompanying supportive services. z Permanent Supportive Housing (PSH) is permanent housing in which housing assistance (e.g., long-term leasing or rental assistance) and supportive services are provided to assist households with at least one member (adult or child) with a disability in achieving housing stability. 3 "Affordable Housing' is a term that refers to a households' ability to find housing within their financial means. Households that spend more than 30 io of their income on housing and certain utilities are considered to experience cost burden. 4 "Workforce Housing" has come to mean housing targeted to households who may earn too much to qualify for affordable housing subsidies, but not enough to afford a home or an apartment. 3. City staff recommendation and City Council spending priorities determination 4. Identify available location for infrastructure placement/procurement 5. Develop project proforma & develop RFP for potential partner(s) to assist in infrastructure placement/procurement and its operations 6. Housing and Human Services Advisory Review & Comment 7. City staff recommendation and City Council award of contract with RFP respondent for infrastructure placement/procurement and operations 8. Implement plan for available resources • Contracting, property acquisition and environmental review • Funding grant allocation process Criteria for Facility Siting The City of Ashland has identified a need to temporarily house families in need of six-month transitional housing, individuals during extreme weather and climate events that would pose a health hazard to unsheltered individuals, or to individuals whose house lacks heating or cooling. To secure permanent locations that can be used for such a purpose, City staff has identified a number of general criteria to be considered as part of site selection. Site selection could include either the purchase of vacant land that could subsequently be developed, or the purchase of a property currently containing a building that could be adapted for one or more of the identified uses. Site selection could also include examination of the following types of property: • City owned surplus properties • Non-profit owned properties which could be developed in partnership to consolidate supportive services • Developed property currently available for sale • Vacant property currently available for sale • Select property owners with property not presently listed that could meet the site selection criteria. There are a number of criteria the City should consider when identifying a site for temporary housing or extreme weather shelter to ensure it the dedication of resources is successful at fulfilling the objective of creating a facility that can be flexibly used to best serve the City's long-term needs. • Site to accommodate priority use —family accommodations/emergency shelter, etc. • Site location should be near transit, within walking distance to a bus stop (1/4 mile). • Site location should be near (walking distance) existing retail such as groceries. • Site should have access to existing City utilities including water, sewer, electric. • Site should be located outside of natural hazard areas (Floodplain, steeps slopes, or property that could be inaccessible in a severe weather event). In the case of emergency severe weather shelter, a new state law adopted by the Oregon Legislature this spring (HB 2006) requires the City of Ashland to approve an application for an Emergency Shelter regardless of state or local land use laws as long as the application complies with the approval criteria in the new state law. In other words, the City of Ashland can approve an application to develop an Emergency Shelter if the application complies with the new state law, even if, under other circumstances, the City's land use code would prohibit the Emergency Shelter at that location. Additional site selection criteria for severe weather shelter should include the following; • Site should be large enough to accommodate a building that accommodates sleeping, communal space, and a commercial kitchen. The minimum building size should be approximately 3,000-4,000 square feet. o Additionally, the facility may include opportunities for: ■ Storage for personal property; ■ Commercial kitchen to allow for food to be prepared on -site; Recreation areas for children and pets; ■ Potential areas for service providers to provide case management services for housing, financial, vocational, educational, or physical or behavioral health care services. • Site should be able to accommodate a potential minimum 10 pallet structures in a location that can largely be screened from public view for privacy and security of occupants. • Site should accommodate parking for staff, volunteers, occupants, and potentially some spaces available for individual car camping. • Site should accommodate intermittent use by vehicles providing services such as portable laundry truck, dental health truck, shower truck (including utility hookups) • Property zoning which allows for adaptive/flexible use of the building in the event needs change over time. • Site acquisition should be for an amount that is within the City's budget, to include minimum upgrades needed for operation. o An existing building should be usable without a significant remodel, although the addition of a commercial kitchen, accessible restrooms, and the installation of fire suppression systems may be considered. o Substantial upgrades, additions, and alterations could be considered as future phases of development utilizing CDBG or AHTF revenue. Council Business Meeting June 7, 2022 Agenda Item Approval of a Sole Source Purchase from Andritz Separation Technologies — Wastewater Centrifuge From Scott Fleury, PE Public Works Director Contact Scott.fleuryCa.ashland.or.us 541-552-2412 SUMMARY Before the Council is a request to approve a Sole Source purchase from Andritz Separation Technologies in the amount of $452,400.00 for a new Andritz D5LX Centrifuge including the variable frequency drive (VFD), control panel and delivery of the system. The cost for previous repairs and age of the units requires replacement and the equipment is proprietary and not available through another source. POLICIES, PLANS & GOALS SUPPORTED City Council Goals: Essential Services • Sewer Value Services: Emergency Preparedness Address Climate Change CEAP Goals: Address Climate Change by helping to reduce Ashland's greenhouse gas emissions and to prepare the city's communities, systems, and resources to be more resilient to climate change impacts. Department Goals: • Maintain existing infrastructure to meet regulatory requirements and minimize life -cycle costs • Deliver timely life cycle capital improvement projects • Maintain and improve infrastructure that enhances the economic vitality of the community • Evaluate all city infrastructure regarding planning management and financial resources PREVIOUS COUNCIL ACTION N/A BACKGROUND AND ADDITIONAL INFORMATION The City owns and operates the Ashland Wastewater Treatment Plant (WWTP) located at 1295 Oak Street, Ashland, Oregon. The Plant has numerous critical systems that allow it to operate and meet National Pollution Discharge Elimination System (NPDES) permit requirements. One critical system is for sludge dewatering. The sludge management system at the WWTP includes a sludge storage tank and two centrifuges. The centrifuges are operated three to four hours per day and until recently did not require significant annual maintenance. When one of the centrifuges are down for maintenance, staff rely on the remaining one to work efficiently. If the treatment plant were to have two non -operable centrifuges at one time, emergency measures would need to be enacted in order to perform sludge management operations. This would include emergency procurement of a trailer mounted centrifuge and/or hauling liquid sludge to the City of Medford's reclamation facility for processing in Page 1 of 2 C I T Y O F -AS H LA N D their existing drying fields. The wastewater treatment plant has one week of sludge storage capability to utilize while emergency measures are put in place. Both centrifuges are in need of repairs again, with one currently at the repair facility being repaired and is expected to be out of service for 24 weeks. In order to keep the system operating efficiently and reduce the risk associated with centrifuge failures, Public Works is recommending one unit for full replacement at this time and will plan on requesting replacement of the second unit through a budget request within the next two biennium. The concept will be to have three centrifuges, two new units and a third "repaired" unit that can provide redundancy backup in case repairs are needed at some point in the future on one of the newer units. In 2019 the City contracted with Jacobs to perform a Wastewater Facilities Assessment. The assessment included review of the centrifuge dewatering system and concluded they were operating at a high level and not in need of replacement as they were identified as repaired and operating at a high level. Since the assessment the centrifuges have needed multiple repairs exceeding $140k. The centrifuges installed are proprietary equipment the building structure footprint, piping layout and pumping process to operate the units. To save money, time and to avoid redesign and building structure changes to accommodate another brand staff is recommending replacement in -kind with same brand of unit. There are no other suppliers that can provide compatible equipment to accomplish this other than Andritz Separation Technologies. FISCAL IMPACTS Funds to support the purchase of a new centrifuge and refurbishing of the existing units will come from existing appropriations within the Wastewater Fund. STAFF RECOMMENDATION Staff recommends approval of the Sole Source purchase from Andritz Separation Technologies in the amount of $452,400.00. ACTIONS, OPTIONS & POTENTIAL MOTIONS I move to approve a Sole Source purchase with Andritz Separation Technologies in the amount of $452,400.00 and authorize the City Manager to sign the contractual agreement. I move to direct staff to solicit for engineering for redesign and release invitation to bid for construction to accommodate other centrifuge systems. REFERENCES & ATTACHMENTS Attachment # 1: Sole Source — Form 6 Attachment #2: Andritz Replacement Letter Attachment #3: Andritz Information Letter Attachment #4: Andritz Centrifuge Proposal Attachment #5: Andritz Centrifuge Preliminary Drawings Page 2 of 2 CITY OF -ASH LAN D FORM #6 CITY OF AS H LA N D SOLE -SOURCE DETERMINATION AND WRITTEN FINDINGS GOODS AND SERVICES Greater than $100,000 To: Joseph Lessard, City Manager From: Scott Fleury, Public Works Director City of Ashland Public Works Date: April 20, 2022 Re: Sole Source Determination and Written Findines for Goods and Services In accordance with AMC 2.50.090(F), the Department Head shall determine in writin that there is only one provider of a product or service of the quality and type required available. Estimated total value of contract: $452,400.00 Project name: Wastewater Treatment Plant Centrifuge Replacement Description of goods and services: Provide a new Andritz DSLX Centrifuge, Centrifuge VFD Panel, Centrifuge Control Panel and Delivery of items set forth in the proposal from Andritz Separation Technologies. (Installation provided by staff and contracted Scada integrator CSNW) Background: The City owns and operates the Ashland Wastewater Treatment Plant located at 1295 Oak St, Ashland, Or. The current Centrifuges have needed repairs nine times over the last three years exceeding $140, 000.00 for those repairs. Both centrifuges need expensive repairs and due to the excess of cost for repairs without success and the age of the unit it is recommended for replacement. Unfortunately, the centrifuges installed are proprietary equipment as is the centrifuge footprint, piping, and pumping prepared for the units. In an effort to save money and time to avoid redesign and construction to accommodate another brand we are recommending replacing in -kind with the same brand of unit. There are no other suppliers that can provide compatible equipment to accomplish this other than Andritz Separation Technologies. Form #6 - Sole Source — Goods and Services — Greater than $100,000, Page 1 of 3, 6/2/2022 Findings: Market Research Overall finding: Our research shows that only Andritz Separation Technologies are compatible with our existing centrifuges as confirmed in the attached letters from Andritz. There are no other suppliers that can provide equipment compactable for replacement. [In accordance with ORS 279B.075, these are the examples of fndings that should be addressed. Select at least one of the findings and prepare the determination as it specifically relates to the goods or services being procured. More than one finding can be addressed. The findings are as follows. Pursuant to ORS 279B.075 (2)(a): Provide findings supporting your determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source. Any replacements centrifuges and/or components to existing centrifuges have to be compatible with Andritz units which are only supplied by Andritz Separation Technologies. Replacing with a different brand would require redesign and construction of the centrifuge footprint, piping, pumping and the use of chemicals. Therefore, Staff recommends replacement with the Andritz DSLX Centrifuge as there are no other compatible suppliers. Pursuant to ORS 279B.075 (2)(b): Provide findings supporting your determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source. N/A Pursuant to ORS 279B.075 (2)(c): Provide findings supporting your determination that the goods or services are for use in a pilot or an experimental project. N/A Pursuant to ORS 279B.075 (2)(d): Any other findings that support the conclusion that the goods or services are available from only one source. None Form #6 - Sole Source — Goods and Services — Greater than $100,000, Page 2 of 3, 6/2/2022 PUBLIC NOTICE: Pursuant to OAR 137-047-0275 (2), a Contracting Agency shall give public notice of the Contract Review Authority's determination that the Goods and Services or class of Goods and Services are available from only one source in a manner similar to the public notice of Competitive Sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services to be acquired by a Sole Source Procurement. The Contracting Agency shall give such public notice at least seven days before Award of the Contract. After the Sole Source Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us - [Enter date] PUBLIC NOTICE Approval of a Sole Source Procurement First date of publication: [Enter date] A request for approval of a Sole Source procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on [Enter date]. It has been determined based on written findings that the following Goods and Services are available from only one source. Enter description of goods and services, name of vendor/contractor, cost, terms of contract, . etc. The contract terms, conditions and specifications may be reviewed upon request by contacting [Enter City contact name, department, and telephone number] An affected person may protest the determination that the goods and services are available from only one source in accordance with OAR 137-047-0710. A written protest shall be delivered to the following address: City of Ashland, [Enter department name, contact name, and complete address]. The seven (7) day protest period will expire at 5:00pm on [Enter date -seven calendar days from f rst date of publication] This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Sole Source procurement. Form #6 - Sole Source — Goods and Services — Greater than $100,000, Page 3 of 3, 6/2/2022 n March 24, 2022 Page: 1 (total 1) City of Ashland 90 North Mountain Ave. Ashland, OR 97520 Attn: Mr. David Gies — Wastewater Supervisor Subject: Supply of Replacement ANDRITZ Centrifuge for the City of Ashland WWTP Dear Mr. Gies, ANDRITZ SeparationTechnologies Inc. (ASTI) is an original equipment manufacturer (OEM) of liquid/solid separation equipment and hold the sole rights and ownership to the ANDRITZ DSLL and ANDRITZ DSLX centrifuges as installed or proposed for installation at the Ashland WWTP. All manufacturing components are based on ANDRITZ's proprietary drawings and ANDRITZ engineered specifications t/7 to W ANDRITZ SeparationTechnologies, Inc. is the exclusive sole source supplier of these centrifuge models U U through our local representative APSCO for the state or Oregon and we do not operate with any regional y or local local distributor networks. No other entity, secondary supplier, third party or company has legal o W rights to act as a representative or perform mechanical services representing ANDRITZ or ASTI for this a W equipment. W z U z w Sincerely, Bruce SoRelle National Sales Manager ANDRITZ Separation Technologies Inc. 1010 Commercial Blvd South Arlington, TX 76001 (817) 266-9732 Cell (817) 419-9732 Bruce.sorelle@andritz.com A%MTL ANDRITZ Separation Technologies Inc. /1010 Commercial Blvd. S/Arlington, TX 76001 / andritz.com March 24, 2022 Page: 1 of 2 City of Ashland 90 North Mountain Ave. Ashland, OR 97520 Attn: Mr. David Gies —Wastewater Supervisor Subject: ANDRITZ Replacement Centrifuge for the City of Ashland WWTP Dear Mr. Gies, ANDRITZ SeparationTechnologies Inc. (ASTI) is proposing to replace your existing DSLL centrifuge with the DSLX which is the newer upgraded model. The DSLX proposed for the centrifuge replacement has the same bowl diameter and same motor sizes as the existing DSLL. The DSLX has a different configuration which offers improved performance, lower power consumption, and reduced vibration in comparison to the current DSLL. u, W U U The DSLX centrifuge can be mounted on the same concrete piers as the existing unit with no major t/1 structural modifications or changes to the floor openings, using a support stand and chutes that haveUJI o been included in the ANDRITZ proposal. This is a big advantage over replacing your centrifuges with ir W another supplier's equipment, since that would entail significant costs for a complete redesign of the W z facility. z w ANDRITZ has prepared a layout drawing of the new centrifuge with this support mounting. Also included in the scope of supply are the transition chutes so that you can connect to the existing chutes with no modifications rquired to the floor openings. This mounting arrangement has been used by Andritz at other plants that have replaced their older DSLL machines with the newer DSLX machines. The proposed DSLX is currently in stock in Pittsburg, Texas, and has been put on hold for a 30-day period pending confirmation of your order. This centrifuge is presently stored in a crate, and is ready for final assembly with the installation of drive motors and instruments. Because it has been in storage, ANDRITZ would replace the bearings and seals and test run the machine before final delivery. Please note that by using the stock machine, this provides Ashland with a lower price and better delivery than if we were starting out with a newly ordered machine based on current supply chain issues and ongoing material cost increases. LAC] l_`__I 1_ A ANDRITZ Separation Technologies Inc. /1010 Commercial Blvd. S/Arlington, TX 76001/ andritz.com Page: 2 (total 2) Our proposal includes a new VFD/Starter Panel and a new PLC/Control Panel with the latest controls. The motors for the DSLX are the same as the existing DSLL, and the control system configuration is similar. As an option, it may be possible to carry out a full controls upgrade by installing new VFDs, PLC and touch screen in the existing enclosures, along with any other required upgrades. By upgrading the existing panels on site, the cost of the equipment package would be similar, but this would potentially reduce your overall installation costs since you would not have to pull out the existing cabinets and put in new ones in with the associated wiring costs, etc. This option can be evaluated at the start of the project. Once the new centrifuge is installed, ANDRITZ would be interested in buying back the existing DSLL. Thank you for the opportunity to assist you on this project. Please feel free to contact me or Shawn Clark if you need any additional information. Sincerely, 4L)al- C_-C� Denis Piche Regional Sales Manager —US Northwest ANDRITZ Separation Technologies Inc. 1010 Commercial Blvd South Arlington, TX 76001 Mobile: (430) 650-4131 denis.piche@andritz.com Local Representative: APSCO LLC 922 NW Circle Blvd. Box #405, Ste. 160 Corvallis OR 97330-1410 Mobile: (541) 602-3016 sclark@apsco-Ilc.com N N W U U N W C W W _z 0 z W Firm Proposal Ashland WWTP — Ashland, OR D5LL Centrifuge Replacement Proposal: 3660867-1-Rev-1 Date: 18-Mar-2022 FA� - D5LX Centrifuge (A N W U U N O W C W W Z U Z W Prepared by: ANDRITZ Separation Technologies Inc. 1010 Commercial Blvd. S. Arlington, TX, 76001 USA Denis Piche — Regional Manager NWUS Tel: (403) 650-4131 Email: denis.piche@andritz.com Local Representative: APSCO LLC Corvallis, OR Shawn Clark — Vice President Tel: (541) 602-3016 Email: sclark@apsco-Ilc.com A% TL ANDRITZ Separation Technologies Inc. / 1010 Commercial Blvd. South / Arlington / TX 76001 / USA / Phone: +1 (817) 465 5611 / Fax: +1 (817) 468 3961 Confidential document. All rights reserved. No duplication or disclosure to third parties permitted without the written consent of ANDRITZ. page: 2 (total 16) Contents 1. DESIGN CRITERIA AND CENTRIFUGE SIZING................................................................... 3 2. CENTRIFUGE TECHNICAL DATA......................................................................................... 4 3. SCOPE OF SUPPLY............................................................................................................... 6 4. PRICING AND COMMERCIAL TERMS............................................................................... 10 5. ANDRITZ STANDARD TERMS AND CONDITIONS OF SALE ........................................... 13 APPENDIX A — PRELIMINARY CENTRIFUGE DRAWINGS.................................................................... 16 Ashland VWVfP — DSLL Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ DSLX Centrifuge Date: 18-Mar-2022 page: 3 (total 16) 1. DESIGN CRITERIA AND CENTRIFUGE SIZING 1.1 Design Criteria Application Municipal Wastewater Sludge Dewatering Type of sludge Waste Activated Sludge Feed solids concentration 1.0 - 2.0% TS Design flow 140 gpm - to be confirmed Design solids load 700-1400 Ib/hr at 140 gpm - to be confirmed 1.2 Centrifuge Selection and Expected Performance Centrifuge Model ANDRITZ D5LX Decanter Centrifuge Minimum dryness Simlar to existing D5LL Estimated polymer dosage Similar to existing D5LL Solids capture rate >- 95% of TSS Notes: Dewatering performance and polymer dosage subject to testing a representative sample of sludge. Ashland VWVTP — D5LL Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ D5LX Centrifuge Date: 18-Mar-2022 2. CENTRIFUGE TECHNICAL DATA 2.1 General Data Model Number: Dimensions (L x W x H): Empty Weight including drives: Full weight with water: Inside Bowl Diameter: Bowl Length: Maximum bowl speed: G value at maximum speed: 0 page: 4 (total 16) DSLX 162x48x70in 10,606 lb 12,727 lb 20.5 in 90.2 in 3200 rpm 3000 Scroll type: Counter -Current, High Performance Type of drives: AC, VFD controlled Main drive motor size: 100 HP Back drive motor size: 20 HP Main Bearing Lubrication: Grease lubricated Bearing L-10 rating: minimum 100,000 hours Gearbox Type: In -Line Cycloidal Reducer (Sumitomo) Gearbox Torque Rating: 7,960 Nm Noise Level: <85 dB(A) measured at nominal speed from 1m while empty Vibration Level: <0.18 in/s maximum on bench test at nominal speed (ISO 10816-1) Wash water flow rate: 50-100 gpm for 10-15 minutes at 40-50 psi supply pressure Centrate air vent requirement: 120 cfm Pond depth adjustment: Adjustable sliding weir plates with Turbojet Nozzles Minimum sludge feed pressure at manifold: 7.5 psi Area Classification for Centrifuge Location General / Non -Classified Ashland VWVrP — DSLL Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ DSLX Centrifuge Date: 18-Mar-2022 page: 5 (total 16) 2.2 Materials of Construction Bowl: 2304 Duplex stainless steel Feed Chamber: 316L stainless steel Solids Discharge: 316L stainless steel Scroll Conveyor: 316L stainless steel Scroll conveyor flights: 316L stainless steel Feed Pipe: 316L stainless steel Housing Casing: 316L stainless steel Frame: Carbon steel, epoxy coated Bowl Cover: FRP Drive Guards: FRP Fasteners: 316 stainless steel Seals: BUNA N 2.3 Centrifuge Wear Protection Scroll Conveyor Flights: Tungsten carbide tiles over full length of scroll Feed Chamber: Flame sprayed tungsten carbide with replaceable polyurethane liner Conveyor Feed Ports: Field -replaceable sintered tungsten carbide inserts Solids Discharge Ports: Field -replaceable sintered tungsten carbide inserts Bowl Wall: Integral cylinder and cone grooving Cake Discharge: Replaceable stainless steel shroud Ashland VWVfP — D5LL Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ D5LX Centrifuge Date: 18-Mar-2022 0 page: 6 (total 16) 3. SCOPE OF SUPPLY 3.1 Dewatering Centrifuge Equipment Item Qty. Description 1 1 ea. ANDRITZ D5LX Decanter Centrifuge • 2304 duplex stainless steel bowl with machined internal grooves • 316L stainless steel scroll with tungsten carbide tiles • 316L Stainless steel wetted parts • Carbon steel frame with epoxy coating • Field -replaceable sintered tungsten carbide feed and discharge ports • FRP bowl cover and FRP drive guards • 100 HP main drive, 460V, TEFC, IP55, WEG • 20 HP back drive, 460V, TEFC, IP55, WEG • Power regenerative drive system • Cyclo gearbox • Bearings L-10 for minimum 100,000 hours • Vibration isolators • Centrifuge located in non -classified area Solids Discharge Connection with Slide Gate: • SS316 cake discharge chute with sample port to connect to existing D5LL discharge chute, including flex connection between centrifuge and chute. Centrate Discharge Connections: • SS316 centrate chute with sample port to connect to existing D5LL discharge chute, including flex connection between centrifuge and chute Feed Connections: • SS316 pipe manifold connection for the sludge feed, polymer and wash water c/w a flexible connector Support Stand (refer to Drawing 3660867-1) • Hot -dip galvanixzed steel support stand to raise the D5LX to the same height as the existing D5LL, supported on the existing concrete piers. Centrifuge Machine Wiring and Instruments: • NEMA 4X 304 SS Terminal Box wih Pheonix Contact Terminal Block • Two (2) bearing temperature sensors, WEED Instruments • Two (2) vibration sensors, IFM VKV022 • One (1) bowl speed sensopr, P+F Ashland WWTP — D5LL Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ D5LX Centrifuge Date: 18-Mar-2022 page: 7 (total 16) Item Qty. Description 2 1 ea. Centrifuge VFD Starter Panel • NEMA 4X Stainless Steel 316L, Freestanding, with Air Conditioner • 460 VAC Power Input • 25KAIC @ 480 SCCR Main Breaker Rating • DC Bus Fuse Kit • 3-Phase Fuses • Allen Bradley VFD Power Flex 755 100HP ND with Safe -Torque -Off and Door Keypad • Allen Bradley VFD Power Flex 755 20HP ND with Safe -Torque -Off and Door Keypad • DC Bus Connection between Bowl and Scroll VFD's • 24VDC Power Supply • Control Relays • Miniature Circuit Breakers for Low voltage loads • Ground Bar • Control Power Transformer • Light Package • E-stop mounted on door • Phoenix Contact Terminal Blocks • UL 508a Listed 3 1 ea. Centrifuge Control Panel • NEMA 4X Stainless Steel 316L, Freestanding with Air Conditioner • 120VAC Power Input • 5KAIC @ 120V SCCR • PLC: Compactlogix • OIT: PanelView Plus 7 10" • Control Relays • DC Power Supply • Unmanaged Ethernet Switch • Surge/Filter • Interposing Relays • Safety Relay • E-stop mounted on door • Lighting Package • Phoenix contact Terminal Blocks • UL 508a Listed Ashland VVVVfP — DSLL Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ DSLX Centrifuge Date: 18-Mar-2022 page: 8 (total 16) Item Qty. Description 4 1 lot Centrifuge Standard Tools • One (1) Scroll lifter • One(1) set of slings and shackles for lifting rotating assembly • One (1) Pin extractor • One (1) Scroll thrust bearing extractor • One (1) Greasing set • One (1) set of wrenches • One (1) set of threaded rods • One (1) grease pump • One (1) tool box • One (1) lot lubricants for first fill 5 1 lot Centrifuge Spare Parts for One Year Operation • One (1) set of main bearings • One (1) set Gaskets, O-rings and Seals • One (1) set Drive belts 6 1 lot Engineering and Shop Drawing Submittal ANDRITZ will supply the following documents (one e-copy): • Arrangement drawings with dimensions for the ANDRITZ scope • Motor list • Written sequence of operation including all interlocks • Electrical drawings with control panel layout and terminal box details • Mechanical drawings • Installation, operating and maintenance manuals (3 hard copies) • Seismic calculations stamped by Oregon PE 7 1 lot Freight to Jobsite (unloading not included) 8 1 lot Manufacturer's Site Services: • Installation Checkout, Startup, Testing and Training: 1 trip / 5 days Ashland VWVfP — DSLL Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ D5LX Centrifuge Date: 18-Mar-2022 page: 9 (total 16) 3.2 Excluded from ANDRITZ Scope of Supply The Andritz scope of supply does not include the following items as may be necessary for equipment installation & operation to the performance levels specified: • Civil and structural engineering work, including design & supply of structural steel & concrete as needed for support of the Andritz supplied equipment • Static calculations of foundations, building and building plans (Andritz will furnish load data) • Building modifications • Platforms and access stairs or ladders • All utilities required for operation and erection • Unloading and unpacking at site • Installation • Cranes or other lifting devices to install equipment • Other instruments not specified in our scope of supply • On -site wiring, piping or installation outside of skid assembly • Interconnecting piping, valves, fittings, drain hoses, outside of skid assembly • Wash water pump • Sludge feed tank • Sludge feed pump • Sludge flowmeter • Diverter gate • Cake discharge conveyor or cake pump • Centrate receiving tank and pump • Lifting frame or hoist for centrifuge maintenance • Polymer for startup and performance testing • Laboratory testing for startup and performance testing Ashland WWTP— DSLL Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ DSLX Centrifuge Date: 18-Mar-2022 page: 10 (total 16) 4. PRICING AND COMMERCIAL TERMS 4.1 Dewatering Centrifuge Equipment Item Qty Description Budget Price ($US) 1 1 ea. ANDRITZ D5LX Centrifuge Included 2 1 ea. Centrifuge VFD Panel Included 3 1 ea. Centrifuge Control Panel Included 4 1 lot Standard Tools Included 5 1 lot Spare Parts Included 6 1 lot Engineering and Shop Drawing Submittal Included 7 1 lot Freight to Jobsite Included 8 1 lot Manufacturer's Site Services Included BUDGET PRICE for One (1) D5LX Centrifuge Price in US Dollars, DDP Jobsite, taxes not included $452,400.00 4.2 Terms and Conditions This proposal is based on the attached ANDRITZ Separation Technologies Inc. "Standard Terms and Conditions of Sale" provided as a basis for reaching mutually acceptable Terms and Conditions. Ashland VWVrP — D5LL Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ D51-X Centrifuge Date: 18-Mar-2022 page: 11 (total 16) 4.3 Special Conditions Prices are quoted in US Dollars. • Pricing is valid until March 31, 2022 and is based on using a stock DSLX which is currently avaialble at our shop in Pittsburg, Texas, which has been put on hold for Ashland until March 31, 2022. • Warranty period is the earlier of 12 months from startup and 18 months from delivery • Pricing above does not include any local, federal taxes, permits or other fees. • The quoted price in this proposal has been calculated based on the current market prices required to manufacture the quoted equipment and services pursuant to regulations, duties and law in effect as of the date of this proposal. In the event that the introduction of new tariffs, levies, duties, regulations, or any type of legislation by a domestic or foreign government has the effect of increasing the price of the quoted equipment or services, ANDRITZ reserves its right to adjust its quoted price in order to reflect these increases in cost. Nothing in this document or in any of the applicable contractual documentation shall be construed as a waiver of this right. 4.4 Terms of Payment Andritz Separation proposes the following payment terms (net 30 days): • 30% upon issue of Submittals • 60% upon Equipment Delivery • 10% upon Equipment Startup, not to exceed 180 days from Delivery 4.5 Delivery Schedule Delivery is based on the use of a new DSLX centrifuge that is currently in stock at our shop in Pittsburg, Texas, and is ready for final assembly. The control panels will be built and programmed at our facility in Arlington, Texas. Drawing submittal: 4-6 weeks after executed PO Equipment ready to ship: 20-24 weeks after return of approved drawings Ashland VVWTP — DSLL Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ DSLX Centrifuge Date: 18-Mar-2022 page: 12 (total 16) 4.6 Site Services On request, Andritz will provide additional field services for $1,500 USD per day plus expenses, based on eight (8) hours/day. At the request of the Purchaser, overtime service will be provided at a rate of 1.5 times quoted rates for weekdays and 2.0 times quoted rates for weekends. Expenses are defined as the cost of travel from Seller's plant to the point of installation and return, together will all living expenses during the period of service. Ashland VWVfP — DSLI- Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ DSLX Centrifuge Date: 18-Mar-2022 FA"I page: 13 (total 16) 5. ANDRITZ STANDARD TERMS AND CONDITIONS OF SALE 1. TERMS APPLICABLE (a) These Tens and Conditions of Sale are the only terms which govem the sake of the products, equipment, or parts ("Products") pursuant to the quotation or acknowledgement of the Andritr entity supplying the same ('Sellerl or Buyer's purchase order or other written document issued by Buyer. These Terms and Conditions of Sale control, supersede and replace any and all other additional and/or different terms and conditions of Buyer, and Seller hereby objects to and rejects all such terms and conditions of Buyer without further notification, except to the extent Seller expressly agrees to such conditions in writing. Buyers authorization for Seller to commence work under the Agreement or Buyers acceptance of delivery of or payment for any Products covered by this Agreement, in whole or in part, shall be deemed Buyer's acceptance of these Terms and Conditions of Sale. The term'Agreemenf as used herein means (1) these Terms and Conditions of Sale, (2) Seller's quotation or acknowledgment together with any attachment thereto and any documents expressly incorporated by reference, and (3) Buyers purchase order or other written document issued by Buyer, together with any attachment thereto and any documents expressly incorporated by reference (but excluding any Buyer terms and conditions attached thereto or incorporated therein by reference).. In the event of a conflict between any documents forming the Agreement, such documents shall be construed in the above -listed order of precedence. (b) Prior to Buyer's acceptance of any Seller quotation in which these Terms and Conditions of Sale are incorporated, in the event that the introduction of new tariffs, levies, duties, taxes, regulation, or any type of legislation by a domestic or foreign government has the effect of increasing the price of the quoted Products, Seller reserves its right to adjust its quoted price in order to reflect these increases in cost Nothirg in this document, or any of the applicable contractual documentation shall be construed as a waiver of this right. 2. DELIVERY; RISK OF LOSS AND TITLE (a) Delivery dates are good faith estimates and do not mean that'bme is of the essence." Buyers failure to promptly make advance or interim payments, supply technical information, drawings and approvals will result in a commensurate delay in delivery. If the parties have agreed to liquidated damage in this Agreement for Seller's delay in achieving certain milestones, (i) the parties acknowledge and agree that Buyer's damages for Sellers delay are difficuk to predict with any certainty, and such liquidated damages are not a penalty but a reasonable estimate of Buyer's delay damages; (ii) such liquidated damages shall not exceed an aggregate value of five percent (5%) of the Agreement price and shall be Buyers exclusive remedy for any delay by Sells in performing any of its obligations under this Agreement; and (iii) Buyer agrees Seller shall not be liable for liquidated damages if Sellers delay in achieving a milestone subject to liquidated damages has not delayed Buyers ability to use the applicable Products. (b) Upon and after delivery, risk of bss or damage to the Products shall be Buyer's. Delivery of the Products hereunder will be made on the terms agreed to by the parties asset forth in this Agreement, according to INCOTERMS 2010. If no INCOTERM is agreed elsewhere in the Agreement, delivery of the Products will be made FCA. Title to the Products shall transfer to Buyer upon final payment therefor. 3. WARRANTY (a) Seller warrants to Buyer that the Products manufactured by it will be delivered free from defects in material and workmanship. This warranty shall commence upon delivery of the Products and shall expire on the earlier to occur of 12 months from initial operation of the Products and iB months from delivery thereof (the 'Warranty Period"). If during the Warranty Period Buyer discovers a defect in material or workmanship of a Product and gives Seller written notice thereof within 10 days of such discovery, Seller will, at its option, either deliver to Buyer, on the same terms as the original delivery was made, according to INCOTERMS 2010, a replacement part or repair the defect in place. Any repair or replacement part furnished pursuant to this warranty are warranted against defects in material and workmanship for one period of 12 months from completi on of such repair or replacement, with no further extension. Seller will have no warranty obligations for the Products under this Paragraph 3(a): (i) ff the Products have not been stored, installed, operated and maintained in accordance with generally approved industry practice and with Seller's specific written instructions; (ii) if the Products are used in connection with any mixture or substance or operating condition other than that for which they were designed; (iii) if Buyer fails to give Seller such written 10 day notice; (iv) if the Products are repaired by someone other than Seller or have been intentionally or accidentally damaged; (v) for corrosion, erosion, ordinary wear and tear or in respect of any parts which by their nature are exposed to severe wear and tear or are considered expendable; or (vi) for expenses incurred for work in connection with the removal of the defective articles and reinstallation following repair or replacement (b) THE EXPRESS WARRANTIES SELLER MAKES IN THIS PARAGRAPH 3 ARE THE ONLY WARRANTIES IT WILL MAKE. THERE ARE NO OTHER WARRANTIES, WHETHER STATUTORY, ORAL, EXPRESS OR IMPLIED. IN PARTICULAR, THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (c) The remedies provided in Paragraph 3(a) are Buyer's exclusive remedy for breach of warranty. (d) With respect to any Product or part thereof not manufactured by Seller, Seller shall pass on to Buyer only those warranties made to Seller by the manufacturer of such Product a part which are capable of being so passed on. 4. LIMITATION OF LIABILITY Notwithstanding any other provision in this Agreement, the following limitations of liability shall apply: (a) In no event whether based on contract, tort (including negligence), strict liability or otherwise, shall Seller, its officers, directors, employees, subcontractors, suppliers a affiliated companies be liable for loss of profits, revenue or business opportunity, loss by reason of shutdown of facilities or inability to operate any facility at full capacity, or cost of obtaining other means for performing the functions performed by the Products, loss of future contracts, claims of customers, cost of money a loss of use of capital, in each case whether or not foreseeab le, or for any indirect, special, incidental or consequential damages of any nature resu6ing from, arising out of or connected with the Products or this Agreement or from the performance or breach hereof. (b) The aggregate liability of Seller, its officers, directors, employees, subcontractors, suppliers or affiliated companies, for all claims of any kind for any loss, damage, or expense resulting from, arising out of or connected with the Products or this Agreement or from the performance or breach hereof, together with the cost of performing make good obligations to pass performance tests, if applicable, shall in no event exceed the Agreement price. The foregoing notvdthstanding, Sellers aggregate and sole liability for any claims for (a) delay in delivery shall not exceed 5 % and (b) failure to achieve performance requirements, shall not exceed 10%of the contract price. (c) The limitations and exclusions of liability set forth in this Paragraph 4 shall take precedence over any other provision of this Agreement and shall apply whether the claim of liability is based on contract, warranty, tort(including negfigence), strict liability, indemnity, or otherwise. The remedies provided in this Agreement are Buyers exclusive remedies. (d) All liability of Seller, its officers, directors, employees, subcontractors, suppliers or affiliated companies, resulting from, arising out of or connected with the Products or this Agreement or from the performance or breach hereof shall terminate on the third anniversary of the date of this Agreement. (a) In no event shall Seller be liable for any loss or damage whatsoever arising from its failure to discover or repair latent defects or defects inherent in the design of goods serviced (unless such discovery or repair is normally discoverable by tests expressly specified in the scope of work under this Agreement) or caused by the use of goods by the Buyer against the advice of Seller. If Seller furnishes Buyer with advice or assistance concerning any products or systems that is not required pursuant to this Agreement, the furnishing of such advice or assistance will not subject Seller to any liability whether in contract, indemnity, warranty, tort(including negligence), strict liability or otherwise. 5. CHANGES, DELETIONS AND EXTRA WORK. Seller will not be required to make changes in the Products unless Buyer and Seller have executed a written Change Order for such change. Any such Change Order will include an appropriate adjustment to the Agreement price and/or schedule. If the change impairs Sellers ability to satisfy any of its obligations to Buyer, the Change Order will include appropriate modifications to this Agreement. Seller shall be entitled to a Change Order adjusting the Agreement price, schedule and/or any affected obligations of Seller if after the effective date of this Agreement (a) a change in applicable law, tariffs, levies, duties, taxes, regulations or ordinances or (b) any act or omission of Buyer or any other party for whom Buyer is responsible, or any error or change in Buyer -provided information should require a change in the Products or cause an increase in the cost or charge in the schedule to supply the Products. 6. TAXES Sekr's prices do not include any sales, use, excise or other taxes. In addition to the price specified herein, the amount of any present or future sales, use, excise or other fax applicable to the sale or use of the Products shall be billed to and paid by Buyer unless Buyer provides to Seller a tax -exemption certificate acceptable to the relevant taxing authorities. 7. SECURITY INTEREST Seller shall retain a purchase money security interest and Buyer hereby grants Seller a lien upon and security interest in the Products until all payments hereunder have been made in full. Buyer acknowledges that Seller may fib a financing statement or comparable document as required by applicable law and may take all other action it deems reasonably necessary to perfect and maintain such security interest in Seller and to protect Sellers interest in the Products. 6. SETOFF Neither Buyer nor any of its affiliates shall have any right to setoff claims against Seller or any of its affiliates for amounts owed under this Agreement or otherwise. 9. PATENTS Unless the Products or any part thereof are designed to Buyer's specifications or instructions and provided the Product or any part thereof is not used in any manner other than as specified or approved by Seller in writing or modified by Buyer without the mitten consent of Seller, (i) Seller shall defend against claims made in a suitor proceeding brought against Buyer by an unaffiliated third party that any Product infringes a device claim of a patent issued as of the effective date of this Agreement in the country in which the Product will be operated, and limited to the field of the specific Products provided under this Agreement; provided Seller is notified promptly in writing and given the necessary authority, information and assistance for the defense of such claims; (i i) Seller shall satisfy any judgment (after all appeals) for damages entered against Buyer on such claims so long as such damages are not attributable to willful conductor sanctioned ltigaton conduct and (iii) if such judgment enjoins Buyer from using any Product or a part thereof, then Seller will, at its option: (a) obtain for Buyer the right to continue using such Product or part (b) eliminate the infringement by replacing or modifying all or part of the Products; or (c) take back such Product or part and refund to Buyer all payments on the Agreement price that Seller has received for such Product or part. The foregoing states Sellers entire iabiity for patent infringement by any Product or part thereof. 10. SOFTWARE LICENSE, WARRANTY, FEES If Buyer and Seller have not entered into a separate license agreement the following Software Terms and Conditions apply to any embedded software produced by Selby and furnished by Seller hereunder: Ashland WWTP — D5LL Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ D5LX Centrifuge Date: 18-Mar-2022 page: 14 (total 16) (a) The Software, as described in the Agreement ('Software'), and all written materials or graphic files that are fixed in any tangible medium and that relate to and supportthe Software ("Documentation"), and all present and future worldwide copyrights, trademarks, trade secrets, patents, patent applications, mask work rights, moral rights, contractrights, and other proprietary rights recognized by the laws of any counby inherent therein, including all changes and improvements requested or suggested by Buyer in the support and maintenance of the Software are the exclusive property of Seller ('Sellers Intellectual Property Rights"). All rights in and to the Software not expressly granted to Buyer in the Agreement are reserved by Seller. Nothing in this Agreement will be deemed to grant, by implication, estoppel, or otherwise, a license under any of Seller's existing or future patents. Software will not include any upgrades, new versions, releases, enhancements, or updates to the Software, unless agreed to by Seller in writing and at its sole discretion. To the extent any upgrades, new versions, releases, enhancements, or updates to the Software are provided by Seller, the term 'Software" shall be deemed to include such upgrades, newversions or releases, enhancements or updates. To the extent any ownership right arises in Buyer with rasped to the above, Buyer hereby assigns all of its right, title, and interest in and to any intellectual property embodied in in the Sellers Intellectual Property Rights, including enforcement rights, to Seller without the payment of any additional consideration thereof either to Buyer, or its employees, agents, or customers and agrees to execute any documents Seller deems necessary to effect such assignment (b) Seller hereby grants to Buyer a nonexclusive, non -transferable, non -sub -licensable, revocable license to install, run, and use the Software, and any modifications made by Seller thereto only in connection with configuration of the Products and operating system for which the Software is ordered hereunder, and for the end -use purpose stated in the Documentation. Buyer agrees that neither it nor any third party shall modify, reverse engineer, decompile or reproduce the Software, except Buyer may create a single copy for backup or archival purposes in accordance with the Documentation (the "Copy'). Buyers license to use the Software and the Copy of such Software shall terminate upon any breach of this Agreement by Buyer. All copies of the Software, including the Copy, are the property of Seller, and all copies for which the license is terminated shall be returned to Seller, or deleted from Buyers computer systems, with mitten confirmation after termination. (c) Seller warrants that, on the date of shipment of the Software or the Products containing the Software to Buyer: (1) the Software media contain a true and correct copy of the Software and are free from material defects; (2) Seller has the right to grant the license hereunder; and (3) the Software will function substantially in accordance with the related Seller operating documentation. In no event does Seller warrant that the Software is error free or that Buyer will be able to operate the Software without impairments or interruptions. In addition, due to the continual development of new techniques for intruding upon and attacking networks, Seller does not warrant that the Software or any equipment, system, or network on which the Software is used will be free of vulnerability to intrusion or attack. (d) If within 12 months from the date of delivery of the Products containing the Software, Buyer discovers that the Software is not as warranted above and notifies Seller in writing prior to the end of such 12 month period, and if Seller determines that it cannot or will not correct the nonconformity, Buyer's and Buyers Seller -authorized transferee's exclusive remedies, at Sellers option, are: (1) replacement of the nonconforming Software; or (2) termination of this license and a refund of a pro rate share of the Agreement price or license fee paid. (a) If any infringement claims are made against Buyer arising out of Buyer's use of the Software in a manner specified by Seller, Seller shall: (i) defend against any claim in a suit or proceeding brought by an unaffiliated third party against Buyer that the Software violates a registered copyright or a confidentiality agreementto which Seller was a party, provided that Seller is notified promptly in writing and given the necessary authority, information and assistance for the defense and settlement of such claims (including the sole authority to select counsel and remove the Software or stop accused infringing usage); (ii) Seller shall satisfy a final judgment (after all appeals) for damages entered against Buyer for such claims, so long as such damages are not attributable to willful conduct or sanctioned litigation conduct and IN) if such judgment enjoins Buyer from using the Software, Seller may at its option: (a) obtain for Buyer the right to continue using such Software; (b) eliminate the infringement by modifying the Software or replacing it with a functional equivalent (in which case, Buyer shall immediately stop use of the allegedly infringing Software), or (c) take back such Software and refund to Buyer all payments on the Agreement price that Seller has received. However, Sellers obligations under this Paragraph 10 shall not apply to the extent thatthe claim or adverse finaljudgment relates to: (1) Buyers running of the Software after being notified to discontinue; (2) non -Seller software, products, data or processes; (3) Buyer's afteration of the Software; (4) Buyers distribution of the Software to, or its use for the benefit of, any third party not approved in writing by Seller; or (5) Buyers acquisition of confidential information (a) through improper means; (b) under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (c) from a third party who owed to the party asserting the claim a duty to maintain the secrecy or limit the use of the confidential information. Buyer will reimburse Seller for any costs or damages that result from actions 1 to 5. THE FOREGOING PROVISIONS OF THIS SECTION 10(e) STATE THE ENTIRE LIABILITY AND OBLIGATIONS OF SELLER AND THE EXCLUSIVE REMEDY OF BUYER, WITH RESPECT TO ANY VIOLATION OR INFRINGEMENT OF ANY PROPRIETARY RIGHTS UNDER SECTION 10, INCLUDING BUT NOT LIMITED TO PATENTS AND COPYRIGHTS, BY THE SOFTWARE OR ANY PART THEREOF. (f) This warranty set forth in subparagraph (c) above shall only apply when: (1) the Software is not modified by anyone other than Seller or its agents authorized in writing; (2) there is no modification in the Products in which the Software is installed by anyone other than Seller or its agents authorized in writing; (3) the Products are in good operating order and installed in a suitable operating environment; (4) the nonconformity is not caused by Buyer or a third party; (5) Buyer promptly notifies Seller in writing, within the period of time set forth in subparagraph (c) above, of the nonconformity; and (6) all fees for the Software due to Seller have been timely paid. SELLER HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND USAGE OF TRADE. (g) Buyer and its successors are limited to the remedies specified in this Paragraph 10. (h) Any subsequent modifications or enhancements to the Software made by Seller are, at Sellers option. subject to a fee. 11. TERMINATION (a) Buyer may terminate this Agreement upon breach by Seller of a material obligation hereunder and Seller's failure to cure, or to commence a cure of, such breach within a reasonable period of time (but not less than 30 days) following written receipt of notice of the same from Buyer. (b) Buyer may only terminate this Agreement for Buyers convenience upon written notice to Seller and upon payment to Seller of Sellers termination charges, which shall be specified to Buyer and shall take into account among other things expenses (direct and indirect) incurred and commitments already made by Seller, overhead, and an appropriate profit In case of such termination, the licenses granted in Paragraphs 10 and 12 hereof shall terminate. (c) Seller shall have the right to suspend and/or terminate its obligations under this Agreement if payment is not received within 30 days of due date. In the event of the bankruptcy or insolvency of Buyer or in the event of any bankruptcy or insolvency proceeding brought by or against Buyer, Seller shall be entitled to terminate any order outstanding at any time during the period allowed for filing claims against the estate and shall receive reimbursement for its cancellation charges. 12. INTELLECTUAL PROPERTY; CONFIDENTIALITY (a) All intellectual property embodied in the Products and Software provided to Buyer is the properly of seller, and any intellectual property developed, at least in part by Seller under this Agreement is and remains the sole and exclusive property of Seller. (b) Buyer acknowledges that the information that Seller submits to Buyer in connection with this Agreement and the performance hereof is Seller's confidential and proprietary information. Buyer agrees not to disclose such information to third parties without Seller's prior written consent Seller grants to Buyer a nonexclusive, royalty -free, non-transferrable license to use Seller's confidential and proprietary information for the purpose of the installation, operation, maintenance and repair of the Products that are the subject of this Agreement only; provided, however, that Buyer further agrees not to, and not to permit any third party to, analyze, measure the properties of, or otherwise reverse engineer the Products or any parts thereof, fabricate the Products or any parts thereof from Sellers drawings or to use the drawings other than in connection with this Agreement Buyer will defend and indemnify Seller from any claim, suit or liability based on personal injury (including death) or property damage related to any Product or part thereof which is fabricated by a third party without Seller's prior written consent and from and against related costs, charges and expenses (including attorneys' fees). All copies of Sellers confidential and proprietary information shall remain Seller's properly and may be reclaimed by Seller at any time in the event Buyer is in breach of its obligations under this Paragraph 12, or in case of Buyers termination pursuant to Paragraph I I(b). 13. END USER If Buyer is not the end user of the Products sold hereunder (the 'End Usen, then Buyer will use its best efforts to obtain the End Users written consentto be bound to Seller by the provisions hereof. If Buyer does not obtain such End User's consent, Buyer shall defend and indemnify Seller and Seller's agents, employees, subcontractors and suppliers from any action, liability, cost, loss, or expense for which Seller would not have been liable or from which Seller would have been indemnified if Buyer had obtained such End User's consent 14. FORCE MAJEURE (a) Force Me sure Defined. For the purpose of this Agreement *Force Majeure' will mean all events, whether or not foreseeable, beyond the reasonable control of either party which affect the performance of this Agreement, including, without limitation, acts of God, ads or advisories of governmental or quasi -governmental authorizes, laws or regulations, strikes, lockouts or other industrial disturbances, acts of public enemy, wars, insurrections, rats, epidemics, pandemics, outbreaks of infectious disease or other threatsto public health, lightning, earthquakes, fires, storms, severe weather, floods, sabotage, delays in transportation, rejection of main forgings and castings, lack of available shipping by land, sea or air, lack of dock lighterage or loading or unloading facilities, inability to obtain labor or materials from usual sources, serious accidents involving the work of suppliers or sub -suppliers, thefts and explosions. (b) Suspension of Obligations. If either Buyer or Seller is unable to carry out its obligations under this Agreement due to Force Majeure, other than the obligation to make payments due hereunder, and the party affected promptly notifies the other of such delay, then all obligations that are affected by Force Majeure will be suspended or reduced for the period of Force Majeure and for such additional time as is required to resume the performance of its obligations, and the delivery schedule will be adjusted to account for the delay. (c) Option to Terminate. If the period of suspension or reduction of operations will extend for more than four (4) consecutive months or periods of suspension or reduction total more than 6 months in any 12 month period, then either Buyer or Seller may terminate this Agreement 15, INDEMNIFICATION AND INSURANCE (a) Indemnification. Seller agrees to defend and indemnify Buyer from and against any third -parry claim for bodily injury or damage to tangible property ('Loss arising in connection with the Products provided by Seller hereunder, but only to the extent such Loss has been caused by the negligence, willful misconduct or other legal fault ('Faulf) of Seller. Buyer shall promptly tender the defense of any such third -party claim to Seller. Seller shall be entitled to control the defense and resolution of such claim, provided that Buyer shall be entitled to be represented in the matter by counsel of its choosing at Buyers sole expense. Where such Loss results from the Fault of both Seller and Buyer or a third party, then Seller's defense and indemnity obligation shall be limited to the proportion of the Loss that Sellers Fault bears to the total Fault. (b) Insurance. Seller shall maintain commercial general liability insurance with limits of $2,000,000 per occurrence and in the aggregate covering claims for bodily injury (including death) and physical property damage arising out of the Products. Seller shag also provide workers' compensation insurance or the Ike as required by the laws of the jurisdiction where the Services will be performed, and owned and non -owned auto liability insurance with limits of $1,000,000 combined single limit Seller will provide a Certificate of Insurance certifying the existence of such coverages upon request Ashland VWVfP — D5LL Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ D5LX Centrifuge Date: 18-Mar-2022 n page: 15 (total 16) 16. U.S. EXPORT CONTROL yer rec ognizes that any Products that are the subject of Agreement and originate in the U.S. remain subject to U.S. export laws and regulations even after such Products are exported from the U.S. (if applicable). Buyer certifies that such Products will not be diverted, transshipped, re-exported, or otherwise transferred in contravention of U.S. export laws and regulations. Buyer further affirms that such Products will not be used, directly or indirectly, in any application involving missile technology, nuclear proliferation, or chemical and biological weapons proliferation. 17. GENERAL (a) Seller represents that any Products or parts thereof manufactured by Seller will be produced in compliance with all applicable federal, state and local laws applicable to their manufacture and in accordance with Seller's engineering standards. Seller shall not be liable for failure of the Products to comply with any other specifications, standards, laws or regulations. (b) This Agreement shall inure only to the benefit of Buyer and Seller and their respective successors and assigns. Any assignment of this Agreement or any of the rights or obligations hereunder, by either party, without the written consent of the other party shall be void. (c) This Agreement contains the entire and only agreement between the parties with respedto the subject matter hereof and supersedes all prior oral and written understandings between Buyer and Seller concerning the Products and any prior course of dealings or usage of the trade not expressly incorporated herein. (d) This Agreement may be modified, supplemented or amended only by a writing signed by an authorized representative of Seller. Sellers waiver of any breach by Buyer of any terms of this Agreement must also be in writing and any waiver by Seller a failure by Seller to enforce any of the terms and conditions of this Agreement at any time, shall not affect, limit or waive Seller's right thereafter to enforce and compel strict compliance with every term and condition hereof. (e) All terms of this Agreement which by their nature should apply after the cancellation, completion or termination of this Agreement, including, but not limited to, Paragraphs 4, 12, 16 and 17, shall survive and remain fully enforceable after any cancellation, completion or termination hereof. (f)(f) If Sellers office is located in the United States, this Agreement and the performance hereof will be governed by and construed according to the laws of the State of Georgia. (ii) If Seller's office is located in Canada, this Agreement and the performance hereof will be governed by and construed according to the laws of the Province of Ontario.. (g) (i) In the circumstances of Ili) above, any controversy or claim arising out of or relating to this Agreement, or the breach hereof, or to the Products provided pursuant hereto, shall be definitively settled by arbitration, to the exclusion of courts of law, administered by the American Arbitration Association ('AAA") in accordance with its Construction Industry Arbitration Rules in force at the time this Agreement is signed and to which the parties declare they will adhere (the 'AAA Rules'), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction over the party against whom enforcement is sought or having jurisdiction over any of such party's assets. The arbitration shall be conducted in Atlanta, Georgia by a panel of three members, one of whom will be appointed by each of Buyer and Seller and the third of whom will be the chairman of the panel and will be appointed by mutual agreement of the two party appointed arbitrators. All arbitrators must be persons who are not employees, agents, or former employees or agents of either party. In the event of failure of the two party appointed arbitrators to agree within 45 days after submission of the dispute to arbitration upon the appointment of the third arbitrator, the third arbitrator will be appointed by the AAA in accordance with the AAA Rules. In the event that either of Buyer or Seller fails to appoint an arbitrator within 30 days after submission of the dispute to arbitration, such arbitrator, as well as the third arbitrator, will be appointed by the AAA in accordance with the AAA Rules. (4) In the circumstances of f(ii) above, any controversy or claim arising out of or relating to this Agreement, or the breach hereof, or to the Products provided pursuant harem, shall be definitively settled under the auspices of the Canadian Commercial Arbitration Centre ('CCAC' , by means of arbitration and to the exclusion of courts of law, in accordance with its General Commercial Arbitration Rules in face at the time the Agreement is signed and to which the parties declare they will adhere (the 'CCAC Rules7, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction over the party against whom enforcement is sought or having jurisdiction over any of such party's assets. The arbitration shall be conducted in Saint Jo hn, New Brunswick by a panel of three arbitrators, one of whom will be appointed by each of Buyer and Seller and the third of whom will be the chairman of the arbitral tribunal and will be appointed by mutual agreement of the two party -appointed arbitrators. All arbitrators must be persons who are not employees, agents, or former employees or agents of either party. In the event of failure of the two party -appointed arbitrators to agree within 45 days after submission of the dispute to arbitration upon the appointment of the third arbitrator, the third arbitrator will be appointed by the CCAC in accordance with the CCAC Rules. In the event that either of Buyer or Seller fails to appoint an arbitrator within 30 days after submission of the dispute to arbitration, such arbitrator, as well as the third arbitrator, will be appointed by the CCAC in accordance with the CCAC Rules. (h) In the event this Agreement pertains to the sale of any goods outside the United States or Canada, the parties agree that the United Nations Convention for the International Sale of Goods shall not apply to this Agreement. f )The parties hereto have required that this Agreement be drawn up in English. Les parties aux presentee ont exige qua la presente convention soil redigee an anglais. Feb.2019 Rev Ashland VVVVTP — D5LL Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ D5LX Centrifuge Date: 18-Mar-2022 page: 16 (total 16) APPENDIX A - PRELIMINARY CENTRIFUGE DRAWINGS Ashland VWVTP — D51-L Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ D5LX Centrifuge Date: 18-Mar-2022 u■ 0 ■ PIPING CONNECTIONS PORT SIZE DESCRIPTION A 2' CLASS 150 FEED ANSI RF FLANGE INLET B 12-1/4 X24-1/2 SOLIDS RECTANGULAR DISCHARGE C 6-7/6 x 16-is/16 CENTRATE ECTANGULAR DISCHARGE D 1' FNPT SLUDGE SIMPLE E 1' FNPT POLYMER CONNECTION F 1' FNPT WASHWATER CONNECTION G 1-3/8' OD TUBE CENTRAI CASING DRA H 4-1/2' DO TUBE VENT om DO LEVE Dim nm 14X 1/2.9 11.162 [2841 6 1 5 4 SPACES O 3.556 14.625 [371] r.750 1191 1 n Nm O rm 1 1 2 1 1 NOTE: KEEP MOTOR CONDORS AWAY FROM FRONT OF MACHINE ��/=:> 7 % u L__J C 12.250 [3111 6.578 [175] n n COFLE%IBIE NNECTOR 2X O 4.531 y]Ew B—BylEw A —A _+ CENTRATE DISCHARGE FLANGE PATTERN SOLIDS DISCHARGE FLANGE PATTERN 118.11 [30DO.ODrn.J 36' N. CLEAR FOR MIN. CLEAR TO REMOVE SCROLL 161.5381 [t10.3.BOmm] MI MAHTEIICE TYP. / 37.9636 [964.75mm] 80.1959 [2037.00-1 \ F E D mo CONNECTED TO EXTERIOR VENr BY OTHERS (SEE NOTE 6 AIR FLOW) G1 Y IODI] A TEE=E' a B 3 14.6148 [371.21mm] NOTES: D .. CEMRATE FLEX SOLIDS CONNECTOR CONNECtt1R , FLEX SLID DISCHARGE 1. 10.2756 [261.DOmm] ALL PIPING TO MACHINE TO BE SUPPLIED BY OTHERS — 4-415.7460 [400.00-1 B 1--4.15.7480 .. [400.00mm] 2. SEE FOUNDATION DETAILS DMF1469 FOR DESIGN LOADS 92.6181 [2352.50mm] AND CONNECTION DETAILS. CENTRATE 3. ALL DIMENSIONS ARE IN INCHES WITH mm IN [ ]. DISCHARGE 4. DRY WEIGHT OF MACHINE 10,606LB [4,611Kg]. 5. SCROLL+LIFTING BEAM 1,2721-9 [577Kg]. FOR INFORMATION ONLY 6. PROCESS REQUIREMENTS 3 NONE REVSED LIACH4NE WOGIR6 IN NOTESANO ApOkD NOTE SP R71r 5/14/15 WASHWATER: 52.8-106GPM o 43.5-56PSI NOT FOR CONSTRUCTION PURPOSES 2 NONE ADD MOTOR.mw NmE DOH iff 05/19/15 SHUTDOWN: 15m1n 1 NONE REVISED SCROLL RD4OIFAL REQUU04DU LOOM con JK 02/17/15 CIP: 1Omin ASAP DOCUMENT No.- av ENO RlN9011 m .MA Da[ A AIR FLOW: 118CFM mram N MINIMUM SLUDGE INLET PRESSURE: 7.5 PSI AT 11/10/14 E2 CENTRIFUGE NTRICENTRIFUGE FEED FLANGEDSLX E�E ARANGEMENT 87. CENTRATE CASING DRAIN TO BE CONNECTED TO CENTRATE PIPING �GENERAL WITH FLEXIBLE TUBING (SUPPLIED BY OTHERS). �* m0 +D,o DINTZ M ]w0Y1M a MAC 02 15 ' ' ~.-K-"°. D DMA2683 13 ,oRtt�ae Raua'O°IOI[i IIRm � vwoNc Le1A ws-ee11 ru nBI Ni aRR cN aruE 1/111 In DMA2663 I 1 of 1 6 5 4 3 2 1 1 ■ l_ Ul= I =J L� 7 � 6 ANCHOR SEE I I 15.750 [400] —_ b R E19 _—__—__—__—"—__ LG1E5 1. ALL DIMENSIONS IN INCHES WITH MIWNEIEIS D! Il 2. THE FOUNDATION DESIGN SHOWN INDICATES MINI REAUREMEINIS FOR CLEARANCE AND DRAINAGE ACTUAL FOUNDATION DESIGN AND CONSTRUCTION TO BE FURNISHED BY OTHERS. 3, Al PIPING TO AND FROM THE MACHINE TO BE COMPLETED WITH FtDOBLE CONNECTIONS. C ALL VIBRAIDN WADS TO BE LEVEL ITITON 1/3-1[0.79RVR]. 5. APPROXIMATE WEIGHT: TOTAL MACHINE EMPTY: 10,606R4 4,611k9] 1 2 SCROLL+UF7NG BEAM: 1,2721b. 1577Mq] 3 2 1 ISOLATOR NOTEI APPLY LOCTRE TO ALL VIBRATION ISOLATOR .1_ HARDWARE DURING INSTALLATION. 1-r - D 8X 1/2' X 6-1/2 HILTI HVA ADHESIVE SYSTEM T 316 L SS 4-1/4' EMBEDMENT. DRILL 9/16 DM X 4-1/4' DEEP. ISOLATOR DETAIL SCALE: 1/4 THEORETICAL TOTAL LOAD TO DISTRIBUTE AMONG THE 4 ISOLATORS (IN NORMAL OPERATION) STATIC LOAD VERTICAL DYNAMIC LOAD IN LBS&Nj CYCLING FORCE EQUIVALENT TO UNBALANCE PERPENDICULAR TO THE ROTOR AND APPLIED TO THE CENTER OF GRAVITY. WEIGHT OF EMPTY MACHINE 10 606 MACHINE EOUI. BEFORE AFTER [47,778 M]LBS IN NORMAL OPERATION SPEED FREQ. ISOLATOR ISOLATOR X 1.2 (WITH PRODUCT) 12727 LOS [56,612 N] 800 RPM 13.3 HZ 2.237 LBS [9,951 N] 45 LBS [200 N] 7.737 LOS 154 LEIS 2.750 RPM 45.8HZ [34.416 N] [685 N] 8,392 LBS 188 L13S 3,000 RPM 50.0 H2 [37.330 N] [747 N] 8A52 LES 1711 LBS 3,200 RPM 53.5 HZ [39.820 N] [796 N] 182 LBS 1,273 LBS AT ISOLATORS RESONWCE 350-750 RPM 5.8-12.5 HZ [810 N] [S,B83 N] TOTAL PRACTICAL LOW TO CONSIDER FOR CALCULATION OF THE FOUNDATION (TO DISTRIBUTE AMONG THE 4 ISOLATORS) STATIC 10.608 LBS [45.178 N] X 1.2 12,727 USS [56,612 N) VERTICAL DYNAMIC 12,727 LBS [58,612 N] I, tOx 1,27e LEIS [5.612 N] HORIZONTAL DYNAMIC 12.727 1.85 [58,812 N] % IOC � 1.278 LOS [5.512 N] (�) WHILE SHUT DOWN OF MACHINE, AND IN CASE OF ABNORMAL OR ACCIDENTAL UNBALANCE _N mn FOR INFORMATION ONLY NOT FOR CONSTRUCTION PURPOSES 2 NONE REVISED LMCFWE WEIGHTS AND NOTES BP 1WW' 6/14/18 1 NONE REVISED WEIGHTS N NOTES COH Al OZ/17/15 ASAP DOCUMENT NR.- Rw Ew RW9011 N AAo ol[ A 61NN9t0 �f Y Ia ORNM I(: WALE TIRE f2 COnAnA[ DH 11/24/14 L D5LX E2 CENTRIFUGE FOUNDATION DETAILS Ofl606 YE Y MD6 RII�' IIBNMS ATAO.m I(: M1E MpR! IEPAMIFJIL FG S� 011AW19 MAm1 IC D D M F 1469 2 ,RL INBI ALL O.OI PR06110N 9(NE 1/16 — DMFI469 WEEP 1 1 BI 8 7 6 15 4 1 3 1 2 7 6 5 WEIGHTS FOR MAIOR COMPONENTS MAJOR COMPONENT E. NLL UNITS UNITS ii a 9 IM M9 1. M m drive motor plus pulley and motor support (1WHP) 1.505 728 N/A N/A 2. Scroll drive motor (20HP) 3W 162 N/A N/A 3. Scroll A., ,tand.r Mdrit, lifting bnm 1.272 577 N/A N/A 4. Roleting a—bly (empty) including —11 4.632 ZlDl 5.013 2.546 5. Feed pipe 46.4 21.D3 N/A N/A 6. Sfing..r Dating bar for mt I,g oeaerMly (N ..ppl d by ANORITZ) 348 156 N/A N/A 7. Frome 4213 1,911 N/A N/A B. Motor and bowl co 146 66 N/A N/A 9. Complete machine (amply) 1 10,608 1 4.811 1 N/A I N/A Note,: 1. Millwright to tlatermine mquimtl roling for all tilling device, u,M. I D I ICI IB' FOR INFORMATION ONLY NOT FOR CONSTRUCTION PURPOSES ASAP DOCUMENT No.— 4 NONE AWED FEED APE REMOVAL !2 Z 09/16/19 A 3 NONE REVISED COMPONENT WEIGH75 6p 6/14/18 2 NONE UPDATED WOWS DO I xn 11/01/16 1 NONE UPDATED WEIGHTS AND WEIGHT UNITS AN a8 3/17/16 xcv De a,HwN fir ,PVD aTE DIMIFp eFal1 x IR — pPANII BT: DH DME 05/13/15 ...E .C"1pc1 mtE U E2 eDRaeLFE 05LX�E2 CENTRIFUGE LIFTING ARRANGEMENT msuu iwst• roI[fom iu ,peH Nt pv 5/14/13I.I. �� D DMA2693 14 THIRDI$ EEE3 rm,cnox� E 1/16 � DUA2693 T 1 a 1 4 3 2 1 8 1 7 6 NOTES: 1. ALL PIPING TO MACHINE TO BE SUPPLIED BY OTHERS 2. SEE FOUNDATION DETAILS WITH DESIGN LOADS AND CONNECTION DETAILS SUPPLIED AFTER ORDER. p 3. CENTRATE AND SOLIDS CHUTE SHOWN AS GENERAL REPRESENTATION. SLOPE AND ELEVATION DEPENDENT ON SITE. 4. PIER HEIGHT REOUIREMENTS WILL BE DEPENDENT ON SITE. 5. CENTRATE CASING DRAIN TO BE CONNECTED TO CENTRATE PIPING WITH FLEXIBLE TUBING (SUPPLIED BY OTHERS). 6.63 �[143]� T— o m SECTION C—C C ■ m nm e Doc LEVE 7 1 6 1 1 10.276 [2f 16.250 [41 4 3 1 2 1 1 NOTE. KEEP MOTOR CONDUITS AWAY FROM FRONT OF FIBERGLASS GUARDS. RUN MOTOR CONDUITS TOWARD REAR OF MACHINE M Al IOW FOR -W ANn Pru- -3 FSUMMIED i1EIM1 M IRS — D- RY: MDW GlE 11/01/21 AMp2 SLIWMT1011 Rc. 1R1D CDIR[Rt.ML xw. 9oVIM null[ R7>) IBS-06I7 TR£ DlUI Q CEMMfIff ASHLAND OR CENTRIFUGE WITH CHUTES w�`$im°uE°6`E •oAz Mrclmx lamwca m*uID Ac:r Rwc® � AR:tsxw �o rlr�iu uv CH-0 . MR Al- m: m. as il/03/21 su D DRArnwD xiRem 3660867-1 nrtm vxu, e.�r 1/16 3660667-1 *I 1 4 3 2 1 m" mo l Al 0 0 0 ■ I 6 I 5 4 SPACES O 14X 1/2*5 HOLE 3.656 14.625 [371] 750 [19] 11.102 [2541 n n R 7 On I xu Y I I 14 n n E mH n 16 q O 2 1 1 NOTE: KEEP MOTOR CONDUITS AWAY FROM FRONT OF 2L MACHINE 7% .750 [t 9" 12.250 [311] 5.878 [17-' c- u FLEXIBLE ,R CONNECTOR 2X 0,43111 ] e n n 18.125 [410] n VIEW B—BB—B viEw A —A _w CENTRATE DISCHARGE FIANCE PATTERN SOLIDS DISCHARGE FLANGE PATTERN C I, i tl F E D DOOR FOR LIQUID — — LEVEL ADJUSTMENT I \ \ I I \ I , \ B I a � PIPING CONNECTIONS PORT SIZE DESCRIPTION A 2- CLASS 150 FEED ANSI RF FLANGE INLET B 12-1/4 X24-1/2 SOLIDS RECTANGULAR DISCHARGE C 8-7/8 X 16-15/16 CENTRATE RECTANGULAR DISCHARGE D 1' FNPT SLUDGE SAMPLE E 1' FNPT POLYMER CONNECTION F 1' FNPT WASHWATER CONNECTON 1-3/8' OD TUBE CENTRATI CASING DRA H 4-1/2' OD TUBE VENT 181 A I VENT BY OTHERS NOTE 6 AIR FLOW) 8 7 —..J 115.11 [3000.00m.1 181.5591 [4103.BOmm] 36' MIN. CLEAR FOR MIN. CLEAR TO REMOVE SCROLL 37.9836 [964.76mm] 80.1989 [2037.00mm] MAPITENCE IYP. T hood E A $ E; F Y 14.6148 [371.21mm] - NOTES: D CENTRATE FLEX SOLIDS CONNECTOR CONNECTOR FLEX so m DISCHARGE 1. 10.2755 [251.DDmm] ALL PIPING TO MACHINE TO BE SUPPLIED BY OTHERS 4-415.748D [400.ODmm] g �—�15.7480 . [400.ODmm] 2. SEE FOUNDATION DETAILS DMF1469 FOR DESIGN LOADS 92.61e1 [2352.50mm] AND CONNECTION DETAILS. CENTRATE 3. ALL DIMENSIONS ARE IN INCHES WITH mm IN [ ]. DISCHARGE ® 4. DRY WEIGHT OF MACHINE 10,6061-13 [4,8111(g]. 5. SCROLL+LIFTING BEAM 1,272LB [5771<g]. FOR INFORMATION ONLY 6. PROCESS REQUIREMENTS 3 NONE REVISED MACHINE WDGKT9 IN NOTE AND ADDED N W !V 6/14/18 WASHWATER: 52.8-105GPM O 43.5-58PSI NOT FOR CONSTRUCTION PURPOSES 2 NONE ADD MOTOR WRING NOTE DDN JW 05/19/15 SHUTDOWN: 15min I DN NE WE W SCROLL REIKNFAL REWIRMENT LENCn1 C011 EDT 02/17/15 CIP: 1Omin ASAP DOCUMENT N9.- Rw Ew REABON srAnD DARE A AIR FLOW: 118CFM tmam mrt K I,Q ADM MINIMUM SLUDGE INLET PRESSURE: 7.5 PSI AT �t%t0/14 ' E'1°E CENTRIFUGE FEED FLANGE IMESQIgWB9raB: alwimlm IMTE D5LX E2 CENTRIFUGE GENERAL ARANGEMENT ® 7. CENTRATE CASING DRAIN TO BE CONNECTED TO CENTRATE PIPING IWB9W6NCM106 WITH FLEXIBLE TUBING (SUPPLIED BY OTHERS). APP° mt m+ ms` is ''"°� 10tD '�'°�' D DMA2683 3 �� WLL RBI ML OAII mp ¢ RIN SGIL 1/15 FIIF DMA25W 1 - 1 6 5 4 3----T 2 1 �-1 om mm 0 1 15.750 [400] PwC U� �i 4./81 [714] i s BM]]ES 1. ALL DIMENSIONS IN INCHES WITH MILLIMETERS IN TI. 2-THE FOUNDATION DESIGN SHDWN INDICATES WNIMl% REQUIREMENTS FOR CLEARANCE AND DRAINAGE ACTUAL FOUNDATION DESIGN AND CONSTRUCTION TO BE FURNISHED BY OTHERS. 3. ALL MA PIPING TO AND FROM THE CHINE TO BE COMPLETED WITH FLEXIBLE CONNECTIONS. 4. ALL VIBRATION PADS TO BE LEVEL WITHIN 1/32' [0.79—]. 5. APPROXIMATE WEIGHT: TOTAL MACHINE EMPTY: 10,8081be [4,811kq] 1 2 SCROLL+UFTMG BEAM: 1,2721be [5] kg] om n3 J 1 0 1 0 A 3 2 1 ISOLATOR NOTE! APPLY LOCRfE TO ALL VIBRATION ISOLATOR HARDWARE DURING INSTALLATION. D �01:5/12' 8-1/2 HILTI WA ADHESIVE SYSTEM SS 4-1/4- EMBEDMENT. DRILL 9/16 DA X 4-1/4' DEEP. ISOLATOR DETAIL SCALE 1/4 THEORETICAL TOTAL LOAD TO DISTRIBUTE AMONG THE 4 ISOLATORS (IN NORMAL OPERATON) STATIC LOAD VERTICAL DYNAMIC LOAD IN LBS [Nl. CYCLING FORCE EOUIVALENT TO UNBALANCE PERPENDICULAR TO THE ROTOR AND AND APPLIED TO THE CENTER OF GRAVITY. WEIGHT OF EMPTY MACHINE 10 808 LBS MACHINE EOUI. BEFORE AFTER [47.778 N] SPEED FREO. ISOLATOR ISOLATOR X 1.2 (WITH PRODUCT) [59.612 N] N NORMAL OPERATION 800 RPM 13.3 HZ [9,951 N] [200 N] 7.737 LBS 154 LBS 2.750 RPM 45.5MQ [34,418 N] [885 N] 8.392 LIN S 188 LBS 3.000 RPM 50.0 HZ . [747 N] 8.952 LOS 179 LEIS 3,200 RPN 53.3 HZ [39,520 N] [796 N] 182[810 LBS]] 1,273 LBS AT ISOLATORS RESONANCE 350-750 RPM 5.8-12.5 HZ N63 [5,6N] TOTAL PRACTICAL LOAD TO CONSIDER FOR CALCULATION OF THE FOUNDATION (TO DISTRIBUTE AMONG THE 4 ISOLATORS) 10.606 LBS 12,7z7 LEIS STATIC [47,178 N] % 1.2 [56.612 N] �� 12.727 LOS 1.27e LBS DYNAMIC [58,612 N] X 1OX - [5,612 N] HORIZONTAL DYNAMIC - 12,727 LBS [58.612 N] X 101< 1,278 AS [5.612 N] (�) WHILE SHUT DOWN OF MACHINE. AND IN CASE OF ABNORMAL OR ACCIDENTAL UNBALANCE mm ■0 FOR INFORMATION ONLY NOT FOR CONSTRUCTION PURPOSES N9.- A ASAP DOCUMENT FSTENIm 6Nf M Ia ueMeo,Exwa RIpOOl lfkflelQS mekN Wrar IDU:® rL rTel AL wv 2 NONE REV6ED MACHNE WEIGHTS AND NOTES upRAW 8/14/18 1 NONE REV6ED WEIGHTS IN NOTES COH dA' 02/17/15 — Ew REASIDN IW Arw DATE ORM'II °H 1 / 2`/" � /IIDx2 YDAMTI011. TIC. 1919 W1aEtwML IAw 5OD111 ANCp, FA57lW, (el'n 4W-"'1 THE pyX n � DSLX E2 CENTRIFUGE FOUNDATION DETAILS C�Xm re Are ATRDIED eY: >e 9ME °"D2/,5 5� D ORINXI9 MWWfII DMF1469 R!V 2 PIm�6'IGN � 1/16 TILE DMF1489 �T 1 a 1 4 31 2 1 1 —IITe9ReAC 4M RNaaKea. N'N — T„N >e 1„>h— j O O eRID e e:,p ...p ae N saRa pn Z� 7 6 5 AAA WEIGHTS FOR MAIOR COMPONENTS MAIOR COMPONENT EMP Y FULL UNITS I UNITS q Mg fa kg 1. Mofn drive motor plus putley aM motor e,PP n (t OCI1P) 1,6D5 726 N/A N/A 2. Scmll dr - motor (20HP) 356 162 N/A N/A 3. Scroll plus standard Mdr lifting beam 1,272 577 N/A N/A 4. Rotating oseemby (empty) includ'mq ecmll 4,632 2,101 56613 Z545 5. F—I plpe 46.4 21.03 N/A A 8. SAngs and lifting bar for rotating aeeemby (if euppikd by ANDRRZ) 346 156 N/A N/A 7. Frame 4213 1.911 N/A N/A 6. Motor and boxl co 145 66 N/A N/A 9. Complete machine (mpty) 10,606 4,611 N/A N/A Notes. 1. Millwright to determine required mtirg for all HUN devices used. I D I ICI I FOR INFOR-11011 NOT FOR CONSTRUCTION PURONLY POSES 4 NOW ADMFEED PIPE REMWAL 00 A 09/19/19 3 NONE REVISED COIIPOIOIT WDGHIS NIP E 8/14/10 2 NONE UpDAIFD WEIGHTS OO =R 11/01/15 1 NONE UPDATED WEIGHTS AND WENNIT UNITS AW AM 1 3/17/16 No: AW DOCUMENTREV OR Rt spH n APw uT[ A I3111aB WOg1r N IA OR.WtI B!: MlE 1RIE OMx fS NIIIWUZ — DH 05/13/15AWM D5LX E2 CENTRIFUGE E�Ip�NE w;a O1Ctm °Yt Dt"� LIFTING ARRANGEMENT IIONIW A1fRa[6 N�n am .PnRorta gI: PME Ar4Nllrz SVAMIIDN, IfK. SQE 1NWNN NIAfIER REV n 5/14/15 DI DMA 2 6 9 3 14 u nnI Al. oW11 ,IWm Ism oN "NON" (917) 40.5-SF,1 s<A�E 1/16 1 pUE OW269J ST 1 1 4 3 2 11 8 7 NOTES: 1. ALL PIPING TO MACHINE TO BE SUPPLIED BY OTHERS 2. SEE FOUNDATION DETAILS WITH DESIGN LOADS AND CONNECTION DETAILS SUPPLIED AFTER ORDER. p 3. CENTRATE AND SOLIDS CHUTE SHOWN AS GENERAL REPRESENTATION. SLOPE AND ELEVATION DEPENDENT ON SITE. 4. PIER HEIGHT REQUIREMENTS WILL BE DEPENDENT ON SITE. 5. CENTRATE CASING DRAIN TO BE CONNECTED TO CENTRATE PIPING WITH FLEXIBLE TUBING (SUPPLIED BY OTHERS). 3.63 �(1431-1 g c L SECTION C-C C DO( LEVE n AI 1 1 10.275 15.230 0 1 3 I 2 I NOTE: KEEP MOTOR CONDUITS AWAY FROM FRONT OF FIBERGLASS GUARDS. RUN MOTOR CONDUITS TOWARD REAR OF MACHINE TO ALLOW FOR COVER AND REMOVAL �.v� I►oeo 0l mmi m0l ASAP DOCUMENT ND.- A O11111fD R1Nf N IBi DRAM. W.- - MDW mw 11/01/21 ANN= T11E D6Ut Q C011RiVZ ASHLAND OR N6s. uANia D1xERNDE srEcnm cm W.DArE Nf.461E 4E N N°6 . IFUGE WITH CHUTES CENTRIFUGE 4A9RGiDX 10.fANCES APPRT,m 9Y: mCitID DAIE 1D1RE6CEIA.'M NCuim»11/D3/2CN SE gGNMC NUMBW REV 6C6 RLNDN, - ]60D, p 3660867 -1 0 vR .DD6 NA:3.5 xOlE3.62p ]NND uu Rrax wi DrtR PRw�.Fc pN �Y '� PHONE: (61]) KS-66i1 — 1/16 19-DR-7-1 M¢T 1 °F 1 4 3 2 1 Council Business Meeting June 7, 2022 First Reading of Ordinance No.3209 Relating to Transient Lodging Taxes; Agenda Item Amending Ashland Municipal Code 4.24.070 From Alison Chan Interim Finance Director Contact alisonxhan(a ashland.or.us (541) 552-2003 SUMMARY This is the time set for First Reading of proposed Ordinance No. 3209 amending Ashland Municipal Code (AMC) 4.24.070 to refine the definition of "Exemptions" therein at the request of the Oregon Department of Revenue. POLICIES, PLANS & GOALS SUPPORTED Administrative/Governance goal: "To ensure on -going fiscal ability to provide desired and required services at an acceptable level " PREVIOUS COUNCIL ACTION N/A BACKGROUND AND ADDITIONAL INFORMATION In October of 2021, the City Council adopted Ordinance No. 3202 which updated AMC Chapter 4.24 related to the City's Transient Lodging Taxes. One purpose of the update was to allow the Oregon Department of Revenue (DOR) to collect and administer the City's Transient Lodging Taxes. The DOR has now requested one additional modification to the City's definition of "Exemptions" to remove the Breakfast Exemption which is not an allowed exemption under Oregon Revised Statutes (ORS). Those providers who have taken this exemption in the past have been notified that this exemption is no longer allowed under ORS 320.308. FISCAL IMPACTS The City will save approximately $7,650 in audit costs and $68,887 in staff costs per year by contracting with the DOR to collect the City's Transient Lodging Taxes. The administrative cost for the DOR is estimated to be $19,950 per year, resulting in a total savings of $56,587 per year for the City. STAFF RECOMMENDATION Staff recommends that the City Council approve First Reading of Ordinance No. 3209 and advance it to Second Reading for enactment. ACTIONS, OPTIONS & POTENTIAL MOTIONS I move to approve First Reading of Ordinance No. 3209 REFERENCES & ATTACHMENTS Ordinance No. 3209 Page 1 of 1 CITY OF -ASH LAN D 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 ORDINANCE NO.3209 AN ORDINANCE RELATING TO TRANSIENT LODGING TAX; AMENDING AMC 4.24.070 Annotated to show deletions and additions to the Ashland Municipal Code sections being modified. Deletions are bold lined gh, and additions are bold underlined. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Ashland Municipal Code 4.24.070 is hereby amended as follows: 4.24.070 Exemptions No transient lodging tax shall be imposed upon: A. A dwelling unit in a hospital, health care facility, long-term care facility, or any other residential facility that is licensed, registered, or certified by the Oregon Department of Human Services or the Oregon Health Authority; B. A dwelling unit in a facility providing treatment for drug or alcohol abuse or providing mental health treatment; C. A dwelling unit that is used by members of the general public for temporary human occupancy for fewer than thirty (30) days per calendar year; D. A dwelling unit, the consideration for which is funded through a contract with a government agency and the purpose of which is to provide emergency or temporary shelter; E. A dwelling unit at a nonprofit youth or church camp, nonprofit conference center, or other nonprofit facility; or F. A dwelling unit that is leased or otherwise occupied by the same person for a period of thirty (30) consecutive days or more during the year. The requirements of this subsection are satisfied even if the physical dwelling unit changes during the consecutive period, and if: 1. All dwelling units occupied are within the same facility; and 2. The person paying consideration for the transient lodging is the same person throughout the consecutive period. G. Any amount of r-ent paid that is solely attAbutable to one (1) full breakfast per day -for ORDINANCE NO.3209 Page 1 of 3 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 aft oeeupafit at it tr-ansient lodging. However-, in no ease shall the exemption exeeed t greater- of ten per-eent 0 day. This amount shall be adjusted on My 1 of eneh year- based on the ehange in the SECTION 2. Codification. In preparing this ordinance for publication and distribution, the City Recorder shall not alter the sense, meaning, effect, or substance of the ordinance, but within such limitations, may: (a) Renumber sections and parts of sections of the ordinance; (b) Rearrange sections; (c) Change reference numbers to agree with renumbered chapters, sections or other parts; (d) Delete references to repealed sections; (e) Substitute the proper subsection, section, or chapter numbers; (f) Change capitalization and spelling for the purpose of uniformity; (g) Add headings for purposes of grouping like sections together for ease of reference; and (h) Correct manifest clerical, grammatical, or typographical errors. SECTION 3. Severability. Each section of this ordinance, and any part thereof, is severable, and if any part of this ordinance is held invalid by a court of competent jurisdiction, the remainder of this ordinance shall remain in full force and effect. PASSED by the City Council this day of 92022. SIGNED and APPROVED this ORDINANCE NO.3209 ATTEST: Melissa Huhtala, City Recorder day of , 2022. Julie Akins, Mayor Page 2 of 3 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 Reviewed as to form: Katrina L. Brown, City Attorney ORDINANCE NO.3209 Page 3 of 3 Council Business Meeting June 7, 2022 Agenda Item 2021/23 Supplement Budget & Resolution From Alison Chan Interim Finance Director Contact Alison. Chan(a-ashland.or.us (541) 552-2003 �l IMMARV 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. POLICIES, PLANS & GOALS SUPPORTED N/A PREVIOUS COUNCIL ACTION N/A BACKGROUND AND ADDITIONAL INFORMATION Oregon budget law (ORS 294.471) provides for a mid -year amendments to the budget through the supplemental budget process. This supplement budget contains two types of amendments: the first is merely a transfer of appropriations from one category to another which does not increase nor decrease the original budget; and the second is an additional appropriation of revenue which will increase the total budget. Because these proposed changes consist of transfer and additional appropriation 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 resources and appropriations. Increase In resource: General Fund Parks Fund Increase In appropriation: General Fund Parks Fund Parks Fund Parks Fund Parks Fund Transfer of appropriation only General Fund Charges for Services Various Grants overtime, radios and software Flooring Repair Nature center professional services playground equipment Furniture for the Senior Center City Recorder's for various software purchases Page I of 2 340,307 25,396 Total Increased Resource $ 365,703 340,307 1,250 5,600 14,400 4,146 Total Increased Appropriation $ 365,703 39,200 Total transfer of appropriation needed $ 39,200 CITY OF -ASHLAND 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 supplemental budget. ACTIONS, OPTIONS & POTENTIAL MOTIONS I move to adopt Resolution 2022-17 authorizing a 2021/23 supplemental budget. REFERENCES & ATTACHMENTS Attachment 1: Resolution Adopting the Supplemental Budget Attachment 2: Staff Supplemental Budget Request 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.2022-17 A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET FOR CHANGES TO THE 2021/23 BIENNIAL BUDGET RECITALS: ORS 294.471 permits the governing body of a municipality to make a supplemental budget for one or more of the following reasons: a. An occurrence or condition which had not been ascertained at the time of the preparation of a budget for the current year which requires a change in financial planning. b. A pressing necessity which was not foreseen at the time of the preparation of the budget for the current year which requires prompt action. C. Funds were made available by another unit of federal, state or local government and the availability of such funds could not have been ascertained at the time of the preparation of the budget for the current year. 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: Additional appropriations: Appropriation Resource General Fund Charges for Services 340,307 Fire and Rescue Department 340,307 $ 340,307 $ 340,307 Parks Fund Parks Division 14,400 Recreation Division 5,600 Senior Services Division 5,396 Intergovernmental Revenues 25,396 $ 25,396 $ 25,396 RESOLUTION NO.2022-xx 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 City Recorder General Fund Contingency Transfers: Appropriation Resource 39,200 39,200 39,200 $ 39,200 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 day of 920. ATTEST: Melissa Huhtala, City Recorder SIGNED and APPROVED this Reviewed as to form: Katrina Brown, City Attorney RESOLUTION NO.2022-xx day of , 20_. Julie Akins, Mayor Page 2 of 2 CITY O F -ASH LAN D Budget Transfer Request Date- brt i3r2022 Department: City Recorder Explanation of request: For purubasets of Doc Sign ($5,200 per year), On&ne line Search ($9,600 per year). Code Publishing (54.800 per year) being UWgead but not budgeted in the BN 21.23. Transfer From Transfer To Raqu=Ard Hy Appicmnd rVnent l ieja CITY C3F -ASHLAND Budget Supplemental Request Date: Department: 05-24-2022 Fire & Rescue Explanation of request: This is an unbudgeted CCO remitannce for 2021. We were iust notified this will continue for 2022. The funds are needed to off -set OT as well as cost overruns in turnouts, radios, software and the cost for obtaining the funds through the CCO Administrative Fees. New Revenue Account Number Line Item Name Amount 440032 000770 Pacific Source $7.044 440032 000770 Cascade Health $ 2 264 440032 000770 Jackson Co. Care Connect $ 231 064.00 440032 000770 Health Share $ 1 132.00 440032 000770 Allcare $ 90,627.00 440032 000770 Trilium Community Health 1 $ 8 176.00 Total Amount of Transfer $ 340,307.00 Additional Appropriations (Expense) Account Number Line Item Name Amount 071200.510310 Overtime $ 150 000.00 071200.604100 Professional Services 1 $ 190.307.00 Total Amount of Transfer Requested By: Approved By: Department Head 340,307.00 CITY O F ASHLAND Budget Supplemental Request Date: 5/3/2022 Department: APRC Explanation of request: 1. Ashland Parks Foundation grant for Senior Center Floorinq Repair New Revenue Account Number Line Item Name Amount 0211.430120 Parks Grants $ 1750 Total Amount of Transfer $ 1.250.00 Additional Appropriations (Expense Account Number Line Item Name Amount 126900.602220 Building Maintenance $ 1,250. 01 Total Amount of Transfer Re uested By: Approved By: Department Head CITY O F -ASHLAND Budget Supplemental Request Date: 4/19/2022 Department: APRC Explanation of request: 1. Grant from Ashland Parks Foundation fro AmeriCorps Service Member 2. Grant from Ashland Parks Foundation for Playground Egui0ment 3. Grant from Ashland Parks Foundation for Furnituire at the Senior Center New Revenue Account Number Line Item Name Amount 0211.430120 Parks Grants $5,600 0211.430120 Parks Grants $14,400 0211.430120 Parks Grants $4,146.49 Total Amount of Transfer $ 24,14b.49 Additional Appropriations (Expense) Account Number Line Item Name Amount 125304.604100 Nature Center Professional S $ 5 600.00 121200.704001 Park Ilmr ovements $ 14 400.00 126900.601640 Senior Services Misc Supplies $ 4 146.49 Total Amount of Transfer ZO Z4, "14b.4U Requested By: C Approved By: Department Head