HomeMy WebLinkAbout2023-02-21 Council MeetingASHLAND CITY COUNCIL
BUSINESS MEETING AGENDA
Tuesday, February 21, 2023
Council Chambers, 1175 E. Main Street
View on Channel 9 or Channels 180 and 181 (Charter Communications) or live stream via
rvtv.sou.edu select RVTV Prime.
HELD HYBRID (Limited In -Person Social Distancing Seating and Zoom Meeting Access)
For written public testimony, email public-testimonykashland.or.us using the subject line: Ashland
City Council Public Testimony.
For public oral testimony, fill out a Speaker Request Form at ashland.or.us/speakerrequest and return
to the City Recorder.
5:30 PM Executive Session
The Ashland City Council will hold an Executive Session for the following:
1. To conduct deliberations with persons the City of Ashland has designated to negotiate real
property transactions pursuant to ORS 192.660(2)(e)=
6:00 PM Regular Business Meeting*
I. CALL TO ORDER
1. Land Acknowledgement*
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
1. Black History Month Proclamation
V. APPROVAL OF MINUTES ***
1. Minutes of the January 17, 2023 Business Meeting
2. Minutes of the February 6, 2023 Study Session
VI.
SPECIAL PRESENTATIONS
VII.
CITY MANAGER REPORT
VIII.
PUBLIC FORUM (15 minutes)
IX.
CONSENT AGENDA
1. Standing Advisory Committee Appointments
o Housing and Human Services Advisory Committee
o Climate and Environment Policy Advisory Committee
X. PUBLIC HEARINGS
XI. UNFINISHED BUSINESS
1. City Council Election to fill Councilor Positions #2 and #3 Vacancies
XII. NEW BUSINESS - RESOLUTIONS AND CONTRACTS
1. Chair of Council Election by the City Council
2. 2021-2023 BN Supplemental Budget Resolution
3. Acceptance of Public Arts Mural on Elks Building at 247 E. Main St.
4. Contract with Cornforth Consultants for Federal Energy Regulatory Commission
(FERC) Comprehensive Assessment (CA) of Hosler Dam
5. Contract with The Freshwater Trust for a Flow Augmentation Feasibility Study of
Cold -Water Releases from Reeder Reservoir
6. Contract -Specific Special Procurement for Self -Contained Breathing Apparatus
(SCBA) for Ashland Fire & Rescue
1. Second Reading & Findings Adoption for Ordinance 3217 - Middle Housing
Land Division Ordinance
2. Public Hearing and First Reading of Ordinance 3216 — Food Truck Amendment
II. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
III. ADJOURNMENT OF BUSINESS MEETING
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Manager's office 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).
* 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, https://www.ashland.or.us/Agendas.asp . Use the View By box to select
the Board or Commission information you are seeking.
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0 F
ASHLAND
A PROCLAMATION IN HONOR OF BLACK HISTORY MONTH 2O23
WHEREAS, Black History Month, first proposed by scholar Carter G Wilson in 1926, seeks to rightfully center the
role of Black Americans in our national narrative; and
WHEREAS, this year's theme,'Black Resistance' shines a light on the countless ways that Black Americans have
resisted historic and ongoing racial discrimination and mistreatment throughout hundreds of years; and
WHEREAS, Black Americans have consistently pushed the United States to live up to its ideal of freedom,
liberty, and justice for all; and
WHEREAS, the Black community established cultural centers, medical clinics, labor unions, media outlets,
financial and educational institutions to resist inequality and to advocate for themselves; and
WHEREAS, Black Colleges and Universities emerged not only as spaces for the development of activists, artists,
business owners, educators and other professionals but were also at the forefront of the Civil Rights
Movement, Black Power and social justice movements; and
WHEREAS, Black faith institutions have served as spaces where Black communities met to organize resistance
efforts and support the fight for civil, social, and human rights; and
WHEREAS, African American spirituals, gospel, folk music, hip -hop and rap have been used to express
struggle, hope and solidarity in the face of racial oppressions; and
WHEREAS, Black Athletes have used sports as a platform to advocate for social justice and political agendas,
resisting immense pressure against speaking out about political, cultural, or social issues; and
WHEREAS, by resisting, Black people have helped this country embody its democratic values, achieved
triumphs, successes, and progress as seen in increased political representation at all levels of government,
desegregation of educational institutions, the passage of the Civil Rights Act of 1964, the Voting Rights Act of
1965; and
WHEREAS, Black resistance strategies have served as a model for social movements in our country and the
legacy and importance of these actions cannot be understated; and
WHEREAS, despite these accomplishments, systemic racism persists in the United States, generating
continued Black Resistance that calls for lasting institutional and societal change; and
WHEREAS, we encourage all people to recognize and confront these issues at every opportunity and to bridge
barriers with fearlessness and determination to fight against racism and bigotry; and
WHEREAS, this month we celebrate and affirm those who have sacrificed, yet also accomplished much, in the
struggle for justice and equality through Black Resistance.
NOW, THEREFORE, I, Tanya Graham, Mayor of the City of Ashland, Oregon, on behalf of the City Council, do
hereby proclaim the month of February 2023 as Black History Month and call upon the people of Ashland to
observe this month with appropriate reflection and learning and to continue our efforts to create a more just
and equitable community. In Ashland we are Better Together.
Dated this 2N day of February 2023
Tonya Graham, Mayor
Melissa Huhtala, City Recorder
ASHLAND CITY COUNCIL
BUSINESS MEETING
DRAFT MINUTES
Tuesday, January 17, 2023
Council Chambers, 1175 E. Main Street
I. CALL TO ORDER
Council Chair Tonya Graham called the meeting to order at 6:00 p.m.
1. Land Acknowledgement**
Councilor Hansen read the land acknowledgement.
2. PLEDGE OF ALLEGIANCE
Councilor Hyatt led the pledge of allegiance.
3. ROLL CALL
Councilor Hyatt, Graham, Kaplan, DuQuenne, Hansen were present. Mayor Akins and
Councilor Moran were absent.
4. MAYOR'S ANNOUNCEMENTS
1. Special Called Townhall Meeting Update
o Date change to Monday, Jan. 30, 2022, 5:30 PM-8:30 PM, Ashland
Armory
o Mayor's State of the City Address
2. City Council Liaison Appointments
V. APPROVAL OF MINUTES ***
l . Minutes of the December 6, 2022, Business Meeting
Councilor Hyatt/DuQuenne moved to approve the Minutes of December 6, 2022, with a
correction on page 2 of 8, regarding the Winter Shelter, changing $100,00, to $100,000.00.
Voice Vote: ALL AYES. Motion passed unanimously.
VI. SPECIAL PRESENTATIONS
1. Severe Weather Emergency Shelter Next Steps
City Manager gave a Staff Report.
Councilor Hyatt/DuQuenne moved to direct Staff to review the shelter strategy based on
Housing and Human Services Commission recommendation ensuring the solution meets
the needs for winter, summer, and smoke shelter goals across the continuum of guests both
low barrier families and children with a plan for long-term care for facilities and
programs.
Discussion: Hyatt spoke in support of the motion stressing the need to have a plan. DuQuenne
spoke wanting integrated living and not have a red line situation where everything was located in
Page I of 6
one area in Ashland. Roll Call Vote: Hyatt, DuQuenne, Kaplan, Hansen, and Graham, YES.
Motion passed unanimously.
7. CITY MANAGER REPORT
City Manager Joe Lessard provided the manager's report.
Council moved the Chair of the City Council Election, City Council Liaison Roles and
Appointments, and the Citizens Budget Committee Appointments to the February 7, 2023
meeting. They also moved the Climate -Friendly Equitable Communities presentation from
February 7, 2023, to a special meeting for a study session on Wednesday, February 22,
2023.
8. PUBLIC FORUM (15 minutes)
Miriam Reed -Ashland -Spoke against wireless cell towers, and the use of cobalt being mined by
slaves in The Congo.
Paul Mozina-Ashland-Spoke against the cell tower going in on Highway 99.
.Jeff Sharpe -Ashland -Spoke on the packet he sent Council earlier.
CONSENT AGENDA
1. Approval of a Liquor License from Mas Southern Oregon LLC
Hyatt/DuQuenne moved to approve the consent agenda. Roll Call Vote: Hyatt, Graham,
Councilor Kaplan, DuQuenne and Hansen, YES. Motion passed unanimously.
9. PUBLIC HEARINGS
1. Public Hearing and First Reading of Ordinance 3217 - Middle Housing Land
Division Ordinance
Interim Community Development Director Brandon Goldman and Senior Planner Derek
Severson provided background and gave a presentation (see attached). Items discussed were:
• House Bill 2001
• House Bill #2001 Code Changes
• Senate Bill 458
• Legislative Timeline
• SB 458 Middle housing Land Divisions (MHLD)
• Expedited Land Divisions
• Included in the Ordinance
• Street Frontage Improvements
• Any Questions
Council discussed options. Goldman explained the approval process.
Council discussed the fiscal impacts.
Page 2 of 6
Graham opened the Public Hearing at 7:43 PM
Public Testimony - None
Graham closed the public hearing at 7:43 PM
Hyatt/Hansen moved to approve of first reading of Ordinance 3217 and schedule second
reading and adoption of written findings for February 7, 2023.
DISCUSSION: Hyatt spoke explaining HB 458, she spoke that we need in terms of this body to
strike a balance between rental and middle housing availability. She explained that SB 458
allows that and explained how it protects rental units. She spoke in support of the motion.
Lessard explained that this item for 2°d Reading is scheduled for February 21, 2023.
Hyatt/Hansen amended the motion to bring second reading and adoption of written
findings to the February 21, 2023, meeting. Discussion: Kaplan spoke in favor of the motion.
Roll Call Vote: Hansen, Graham, Hyatt, DuQuenne, and Kaplan, YES. Motion passed
unanimously.
Roll Call Vote on original motion: Kaplan, DuQuenne, Hyatt, Graham, and Hansen, YES.
Motion passed unanimously.
2. Public Hearing and First Reading of Ordinance 3205 - Housing in
Employment Lands Code Amendments
Interim Community Development Director Brandon Goldman provided background on the
matter and included the following presentation:
• Ordinance Development Timeline
• Project Goal and Objectives
• Ordinance Applicability
• Ordinance Provisions
• Ordinance Applicability — maps and charts
• Council Hearing — Direction
• Considerations
• New Code Provisions
• Planning Commission Recommendation
Council discussed options and how to move forward.
Chair Graham opened the Public Hearintt at 8:25 PM
Public Testimony
Eric Navickas-Ashland- Spoke that he thought the ten acres could.be subdivided in the Railroad
district. He explained why the Fregonese study was not conclusive. He explained the reasons
Page 3 of 6
why. He spoke that we want to avoid a culture of people living in one community and working in
another.
Chair Graham closed the public hearing at 8:34 PM.
DuQuenne/Hyatt moved to approve first reading of Ordinance 3205 which is titled
Chapters 18.2.3, 18.2.6, 18.3.13, and 18.61 of the Ashland Land Use Ordinance regarding
allowances for residential uses in mixed -use buildings and developments in the commercial
and employment zones, and schedule second reading for February 21, 2023.
DISCUSSION:
DuQuenne spoke in support of the motion and thanked Staff for their work on this.
Hyatt spoke the Economic Opportunity Analysis is a must. She would like to direct Staff in EOA
in this motion. She spoke that she would not support the motion as written.
Hansen spoke in agreement with Hyatt.
Kaplan spoke in agreement with Hyatt and Hansen.
Councilor DuQuenne withdrew her motion.
Hyatt/Kaplan moved to include this ordinance as an option on the Housing Production
Strategy list coming back in March for Council consideration. Discussion: None. Roll Call
Vote: DuQuenne, Kaplan, Hyatt, Hansen, and Graham, YES. Motion passed unanimously.
Hyatt/Kaplan moved to request Planning Staff pursue an Economic Opportunity Analysis
specifically with the help and support of the DLCD such that we do not overtax our own
Planning Department. DICUSSION: Hyatt spoke that the EOA is long overdue and spoke in
support of the motion. Council discussed the timeline and cost. Graham spoke to the importance
of the study.
Roll Call Vote: Graham, Hansen, Hyatt, Kaplan and DuQuenne, YES. Motion passed
unimously.
11. UNFINISHED BUSINESS
1. Professional Services Contract with RH2 Engineering for the design of Talent -
Ashland -Phoenix (TAP) Intertie System Improvements
Public Works Director Scott Fleury gave a Staff Report.
Council discussed cost.
Hansen/Hyatt moved to approve a legal department approved professional services
contract with RH2 Engineering for TAP system improvements in the amount $295,172.
DISCUSSION: Hansen thought critical infrastructure work. Hyatt spoke in support of the
motion. Roll Call Vote: Hyatt, Kaplan, Graham, DuQuenne, and Hansen, YES. Motion
passed unanimously.
12. NEW BUSINESS
Page 4 of 6
1. Chair of the City Council Election
Item was postponed to next meeting.
2. City Council Liaison Roles and Appointments
Council discussed the current list of Standing Advisory Committees.
Hansen/Kaplan moved that the City of Ashland requests a liaison, not a committee, just a
liaison with OSF, SOU, Rogue Valley Mountain Bike Association, and Parks and
Recreation. Discussion: Hansen spoke that he is proposing that the liaison roll has a regular
meeting that keeps an open relationship with the City. He spoke to the importance of having a
formal relationship of partnership.
Hyatt/Kaplan moved to extend the meeting 15 minutes. Voice Vote: All Ayes. Motion
passed unanimously.
DISCUSSION ON THE MOTION RESUMED: Council spoke that the wanted more
information on this topic and that this is on a future Look Ahead.
Councilor Hansen withdrew his motion.
3. Citizens Budget Committee Appointments
Hyatt/Kaplan moved to postpone the election of the Citizen's Budget Committee members
to a date certain, February 7, 2023. Roll Call Vote: Hyatt, Graham, Kaplan, DuQuenne,
and Hansen, YES. Discussion: None. Motion passed unanimously.
4. 2023-2025 Biennial Budget Calendar & Protocols
5. City Communication Planning Status and Next Steps
6. City Council Compensation
City Manager Joe Lessard gave a Staff Report.
Council discussed options, process, cost and next steps.
13. ORDINANCES, RESOLUTIONS AND CONTRACTS
Page 5 of 6
XIV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
XV. ADJOURNMENT OF BUSINESS MEETING
DuQuenne and Hyatt moved to adjourn the Council Business Meeting.
The Business Meeting was adjourned at 9:36 PM
RopActfully Su§mitjed by:
City Recorder Q bCjd d Z 1 h 5K �
�Uu.vlc Pm) Ti en c,
Attest:
Ghak Graham
mayor
Page 6 of 6
Mr -
I" qmpppw
Middle Housing Land Divisions
January 17, 2023
Ashland City Council Hearing/First Reading
House Bill 2001
Allowed Two Units on
any residential lot
where a detached
SFR was allowed,
with same process
standards as an SFE
125'
2 Units
.0
January 3, 2023
House Bill ##2001
Code Changes.
r-1,
Duplex Accessory Residential Unit (ARU)
2 units on 1 lot, attached or detached.
2 on -site parking spaces required. No credits.
Not defined as `Middle Housing'
Size Limits.
m',
No on -site parking required.
Senate Bill 458
Allows lot division for
duplexes created
under HB 2001. ARU's
not eligible.
125
2 Units
Legislative Timeline
HOUSE BILL 2001 "Middle Housing"
In effect August 8, 2019
SENATE BILL 458 "Middle Housing Land Divisions"
In effect January 1, 2022
CITIES REQUIRED TO AMEND LOCAL CODES
By June 30, 2022 or Implement directly from Senate Bill 458
SB 458 Middle Housing Land Divisions (MHLD)
Cities may require...
Submittal of Tentative & Final Plats for Approval
Review for Oregon Residential Specialty Code Compliance
Right -of -Way Dedication and City -Standard Street Frontage
Improvements
Cities may not...
Apply any approval criteria other than the approval criteria
specified in SB 458 to applications for an MHLD — the only
allowable criteria include the City's standards for middle housing
development, separate utilities, easements, one dwelling per lot,
and building code compliance.
Expedited Land Divisions
Cities are required to apply the Expedited Land Division (ELD)
process from ORS 197.360 to 197.380 to Middle Housing Land
Divisions (MHLDs) to streamline review.
The ELD process is not considered a land use decision, and
would not be heard by the Planning Commission. Any appeals
would go to a referee/hearings officer.
Included in the Ordinance
• A new Section 18.5.1.075 Middle Housing Land Divisions
MHLD addressing the procedural handling for MHLDs under the
• required Expedited Land Divisions procedure — rather than as a
land use action. Includes the process for appeal to a
referee/hearings officer.
A new Section 18.5.3.140 Middle Housing Land Divisions
' MHLD which speaks to the general requirements and approval
�. criteria for preliminary and final plat approval for MHLDs.
Definitions of "Duplex" and "Middle Housing Unit"
r,» .-L
Street Frontage Improvements
Right-of-way dedications and street frontage improvements MAY NOT be required of duplexes or
accessory units provided as rental housing.
The state has indicated that the ability to require right-of-way dedications and street frontage
improvements with a Middle Housing Land Division (i.e. where losing a rental unit in favor of a for
purchase housing unit) provides "a compelling incentive to better address the street frontage
deficiencies that persist today in older single-family neighborhoods." In exchange for the
ability to convert needed rental housing to a for purchase lot, applicants may be required to
K address deficiencies in the street system in established neighborhoods just as is required for land
partitions or subdivisions. If the property will not accommodate street frontage improvements, it
would not be eligible for a Middle Housing Land Division and would instead remain as needed
rental housing.
Were Middle Housing Land Divisions simply allowed without the requirement for street frontage
improvements, staff believe that this could result in the conversion of a significant number of
existing rental units being lost through conversions to for purchase housing.
4i t
�r
ANY QUESTIONS?
CITY OF
ASH LAN D
CITY COUNCIL STUDY SESSION
Monday, February 6, 2023
DRAFT MINUTES
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
View on Channel 9 or Channels 180 and 181 (for Charter Communications customers)
or live stream via rvt-%-.sou.edu select RVTV Prime.
Written and oral testimony will be accepted for public input. For written testimony, email
public-testimonyna,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/speakerrequest and return
to the City Recorder.. The deadline for submitting written testimony or speaker request forms
will be at 10 a.m. on the day of the Study Session meeting and must comply with Council Rules
to be accepted.
Councilor Chair Graham Called the Study Session to order at 5:30 PM
Councilors' Hyatt, Kaplan, and Hansen were present.
Public Input (15 minutes, maximum)
None.
2. Housing & Human Advisory Committee Annual Report
Housing Program Specialist Linda Reid gave a Staff Report. She was joined with Chair Linda
Reppond and former Chair Rich Rohde.
Linda Reppond went over a PowerPoint (see attached) Items discussed were:
• Housing Production Strategy
• Education and Outreach
• Community Development Block Grant and Affordable Housing Trust Fund
Review and Recommendations.
• Severe Weather Shelter Recommendation
• Goal Setting Retreat
Council discussed options.
3. Croman Mill Redevelopment Update
Interim Planning Director Brandon Goldman introduced Alan Harper who is part of the
Development Site Team. Harper Introduced Michael Weinstock and Michael Mehaffy.
Mehaffy went over a PowerPoint Presentation:
Items Discussed were:
• Introduction
• Ideal Urban Extension Position
• 2008 Redevelopment Plan
• 2010 Land Use Plan
• Post COVID world
• New work formats
• Entrepreneurs, apprenticeships, creative businesses.
• Not just one kind of housing
• Maker Spaces
• Live and work in the same home
• Current Proposal and Example
• Illustrative Master Plan
• Potential Buildout Scenarios
Harper thanked Staff and spoke this will be a lot of work.
Council and Staff discussed options, zoning, timelines, environmental studies. A
Temporary Employee of City of Ashland who formerly worked at DEQ for 25 year
spoke regarding the project.
4. Adjournment
The Study Session was adjourned at 6:49 PM.
Respectfully Submitted by:
Ah
Cit-Eecorder a
��� Alclk�
Attest ght ft Graham
mayof
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator'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 1).
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Transition to in person meetings
• Despite the pandemic freeze on unnecessary meetings, the
Housing and Human Services Commission did continue to
meet regularly throughout the pandemic, and no meetings
were missed in 2022.
• The Commission resumed meeting in person in October 2022.
Housing Production Strategy
• Two members of the HHSAC served as representatives on the Housing
Production Strategy Advisory Group. They attended 5 additional meetings and
helped inform the development of that document.
• The HHSAC had two meetings devoted to prioritization of the HPS strategies.
• HHSAC undertook community engagement activities to help with the
development of the priorities
• Key informant interviews
• Online questionnaire development
• Targeted group outreach events: SOU Students, Manufactured Home parks, and
rental housing developments
• SOU focus group
Education and Outreach: Rent Burden Forum
• Was held in August 2022
1EIA Housing and Human Services Commission Special Meeting
1SHLAND
• Attended by 30+ people
• Panel Discussion
• Overview of the Housing Production
Strategy was provided
• Distributed the housing production
strategy questionnaire and gained
feedback about strategy priorities.
• Developed a Rent Burden Forum Video
City of Ashland
Housing Polityff—JV
Community
Discussion
ka
Event
"Rent Burden" FORUM
Thursday, August 25rh
a-6pm
We would like to hear from you
The Ashland Housing Production Strategy
(HPS) project wants to hear from
. ! Ashland residents.
i� , it't3.
Community Development Block Grant and
Affordable Housing Trust Fund Review and
Recommendations
• Reviewed applications from 2 applicants, heard presentations and made
recommendations regarding Community Development Block Grant funding.
• Reviewed applications from 2 applicants, heard presentations and made
recommendations regarding the remaining balance of CDBG-CARES act -pandemic
related funding.
• Reviewed application from 3 applicants, heard presentations and made
recommendations regarding the City's affordable housing trust funds.
• Made recommendations for a total of over 400K in grant funding
WA
Severe Weather Shelter Recommendation
• The Committee formed a subcommittee in 2021 and met several times to work on drafting
a policy recommendation based on research of best practices.
• Held two virtual stakeholder meetings in January of 2022. Feedback from stakeholders
informed the development of the recommendations.
• Facilitated a debrief of recent active shelter events.
• Presented to the Council twice regarding recommendations. Resolution 2022-03 was
adopted in November 2022.
• Committee members volunteered and organized cooling shelters due to a lack of a non-
profit partner to organize shelter.
V_ • OPB Shelter Video.
�r
Goal Setting Retreat
• In 2022 the Commission met for a goal setting meeting on Dec. 9t'
• The Commission identified 7 goals:
• Build Cooperation and systems of communication for emergency shelter at both the
executive and operational levels.
• Promote Workforce Housing:
• Education about the UGB expansion process
• Promote capacity building and encourage new workforce housing partnerships
• Work with SOU on potential housing opportunities on identified surplus properties
• Increase capacity for more mobile home parks
• Barrier Removal/to promote infill housing and group housing options
• Food Resources -Address the need for a commercial kitchen in Ashland
Council Business Meeting
February 21, 2023
Agenda Item
2023 Standing Advisory Committee Appointments
From
Melissa Huhtala
City Recorder
Contact
Melissa. huhtala(.ashland.or.us 541-488-5307
SUMMARY
Approval of the Mayor's recommendations for the annual appointments to the various Commissions, Committees,
and Boards.
POLICIES, PLANS & GOALS SUPPORTED
AMC 2.04.090 (C) Regular Commission and Board Membership Appointments
Except for the Municipal Audit Commission (AMC 2.11) all regular advisory committees and boards not required
by state law to be appointed by the City Council shall be appointed by the Mayor with the consent of the Council.
The Mayor may request assistance or recommendations from Councilors in making appointments.
PREVIOUS COUNCIL ACTION
N/A
BACKGROUND AND ADDITIONAL INFORMATION
Appointments are three years with terms ending on April 30, 2026.
FISCAL IMPACTS
N/A
STAFF RECOMMENDATION
N/A
ACTIONS, OPTIONS & POTENTIAL MOTIONS
I move to approve the Mayor's recommendations for the Standing Advisory Committee Appointments to the
Housing and Human Services and Climate and Environment Policy Committee.
REFERENCES & ATTACHMENTS
Attachment 1: Housing and Human Services Applications
Attachmentn 2: Climate Action Committee
Page 1 of 1
CITY OF
ASHLAND
CITY OF
AS H LA N D
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email mchssa huhWaClashland.or.us. If you have any
questions, please feel free to contact the City Recorder at 488-5307. Attach additional
sheets if necessary.
Name Alan Ackroyd
Requesting to serve on: Housing and Human Service (Commission/Committee)
Mailing Address
Physical Address
Occupation Retired Medical Professions Phone: Home
1. Education Background
What schools have you attended?
What degrees do you hold?
Work
Emai
Fax
1 have degrees in Medicine and Masters degree in Psychology
What additional training or education have you had that would apply to this position?
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
I n. t.. Ky.munb.rdM MhWitl W—Hom. Go.m'M.IMtif adw "W a.1t 9NangbPr ftb.m rONpatesInNMaM.oTOsega.tloWbOm.oO.W-
I am also interested in the general problem of homelessness and how to address it In a humanitarian and efficient manner
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
3. Interests
Why are you applying for this position?
I am currently a member of the Ashland Mobile Home
that Is advocating for a zoning change to protect the homes of all parks in Ashland from being sold out from under us.
I am also interested In the general problem of homelessness and how to address it in a humanitarian and efficient manner
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
Yes, The current time is fine
5. Additional Information I have lived in Ashland for 20 years
How long have you lived in this community?
Please use the space below to summarize any additional qualifications you have for this
position
In conclusion, I would be honored to serve on this committee
and, in fact, have attended a couple of their meeting recently
Thank you very much for considering me and feel free to contact me if further questions arise
Sincerely, Alan Ackroyd
Date Signature
Ir,
CITY OF
-AS H LA N D
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email inclissa.huhtala[i?ashland.or.us. If you have any
questions, please feel free to contact the City Recorder at 488-5307. Attach additional
sheets if necessary.
Name Brittney Bass
Requesting to serve on: Housing Committee
Mailing Address
Physical Address
Occupation
Customer Support
1. Education Background
What schools have you attended?
What degrees do you hold?
(Commission/Committee)
Phone: Hom
Work
Email
Fax
Southern Oregon University
Bachelors Degree French and Cultural Anthropology
What additional training or education have you had that would apply to this position?
In cultural Anthropoloy I learned about social justice and sytems of oppression and how it relates to our
society.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
Volunteered at the Soup Kitchen in Ashland while I was in college. (Uncle Foods Diner)
Volunteered at Walker Elementary as PTO president
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? I wouldnt be against any further training if it were to
become available to me.
3. Interests
Why are you applying for this position?
Concerned about the lack of affordable housing in Ashland and want
to work with others to fix this situation.
4, AvaiilabRity
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
I prefer early evenings or days
5. Additional Information
How long have you lived in this community?
31 years
Please use the space below to summarize any additional qualifications you have for this
position
My main qualifications for this position is that I have lived in the community for
over 30 years and have seen the growth and change, not always for the better.
am passionate about what happens next to the working class people and their
living situation.
01 /20/23
Date Signa e
CITY OF
S► H L. A► N D
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email melissa.huhtala@ashland.or.us. If you have any
questions, please feel free to contact the City Recorder at 488-5307. Attach additional
sheets if necessary.
Name Jason Mendoza
Requesting to serve on: Ashland Housing Committee/Comission
(Commission/Committee)
Mailing
Physical Address _
Occupation Area Coordinator for Student Apartments & Family Housingat Southern
Phone: Home
1. Education Background
What schools have you attended? Southern Oregon University, Bishop O'Dowd High
School
What degrees do you hold? . Bachelor's in Criminal Justice (2016) and I will be
What additional training or education have you had that would apply to this position?
Have assisted with providing housing for SOU employees and students, and provided
rental assistance resources as well as processing the landlord portion of rental assistance
f 1 f - 1 - 1 tl !1 e l 1.
renters can transition utilities to their name, and apartment/house walkthroughs.
Processed maintenance requests, address tenant concerns and Questions. I also have
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
I currently work in an Ashland Housing capacity in that I work to provide housing for
SOU students and employees here in Ashland.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
Yes. I do feel it would be advantageous for me to have further training in this field such
as attending conferences and seminars, as I have worked to provide housing to those in
need. including those affected by COVID and the Almeda fires. I hope to attend these
training-, and seminars if they are pertaining to how I can better assist folks, whether
they are SOU affiliated or not, to seek and obtain sustainable housing in Ashland or even
the greater Ashland area. I hope to work in a capacity that I can help make a difference
in the community, not only for my family and I. but also others who are just starting out
their lives and those with families as well- Ashland is a great place to live and raise a
family with the culture, safety, and community that citizens share. I hope to contribute in
a positive way to make the community better in providing more housing opportunities
for folks wanting to live in this great cites
�s�
3. Interests
Why are you applying for this position?
I am applying for this position as I believe my experience working for SOU Housing and
providing sustainable housing, for SOU folks can help assist in those temporary tenants
and contribute to the committee in a capacity that is both productive and rational, as I
know not all solutions or ideas can be attainable. My goal is to simply be another
contributor with my experience, culture, and knowledge in the housing field here in
Ashland.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
Yes. I can attend special meetings and regularly scheduled meetings based on =
availability. Due to my job at Housing, I would need to prioritize it to assure I can remain
living in Ashland as well. Lastly. I am starting my MBA program which will have
evening classes. Currently, I only have class from late Sept -Dec. On Tuesday and
Wednesday evenings. I would prefer evening m ings. as my job is typicaa
Monday -Friday 8am-512m banking operation hours.
5. Additional Information
How long have you lived in this community?
I have lived in Ashland from 2010-2016. and then again from 2019-Present.
Please use the space below to summarize any additional qualifications you have for this
position
Experience processing rental, Creating rental payment plans, Create action plans with
tenants to address move -ins, move -outs, transfers. adding roommates/partners, and
seeking emergency housing. I have also worked with Jackson County in the realm of
seeking and distributing housing resources to those in need. Obtained food for tenants for
those with COVID/health concerns. Assisted in creating move -out plans for student and
emolovees moving out of SOU housing for local housing in the area. Also provided child
resources as well. Provide and organize large scale programming for tenants.
Jason Iosua Mendoza Signature 09/06/22 Date
CITY OF
-ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email Inelissa.huhtala n,ashland.orms. If you have any
questions, please feel free to contact the City Recorder at 488-5307. Attach additional
sheets if necessary.
Name Christopher (Kip) Barrett
Requesting to serve on: Climate Action Committee
Mailing Address
Physical Address
Occupation Business Development
1. Education Background
What schools have you attended?
What degrees do you hold?
(Commission/Committee)
Phone: Home -
Work
Email
Fax
University of Wisconsin, Madison. Portland State University
BA Economics and MBA
What additional training or education have you had that would apply to this position?
1 am a certified economic development professional.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
I have 15 years of renewable and sustainable project development experience resulting in —$500m of projects funded.
Co-founded a production and financial modeling SaaS business centered around small and community scale wind.
Co -taught ESE 355 Energy Regulation and Policy for the OSU Cascades Energy Systems Engineering degree.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? There iswil be many opportunities through the recently
passed Inflation Reduction Act I will likely attend conferences through my day job that will be relevant
3. Interests I am interested in adding
Why are you applying for this position?
value to my new community and engaging on a
local level as I work remotely.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? I am flexible with enough notice and will only be
limited by work travel.
5. Additional Information
How long have you lived in this community?
2.5 months.
Please use the space below to summarize any additional qualifications you have for this
position
I served on the City of Bend, OR Climate Action
Committee as an exoficio member while working in
Economic Development for the Bend Area. Through
that Committee we provided feedback on the hiring
of a FTE for the City and worked with them on a yeas
long scoping process for what actions the City could
take.
1 /22/2023
Date
Signature
CITY OF
-ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email mcima huhiala a ishland of w. If you have any
questions, please feel free to contact the City Recorder at 488-5307. Attach additional
sheets if necessary.
Name Jamie Rosenthal - Recology Ashland
Requesting to serve on: CEPAC
Mailing Address
Physical Addres:
(Commission/Committee)
Occupation Waste Prevention Educator Phone: Home
Work
Email
Fax
1. Education BackgMgnd
What schools have you attended? Sauthem Oregon University / Marshfield High School
What degrees do you hold? B.S. Human Communication, Southem OR University,
Class of 2001
What additional training or education have you had that would apply to this position?
gowrwn Oregon Mandan Recycim, 3uoauvdit Oregon Member. Oregon Recycling It Relum Association Member
Farmer Conservation & Climate Outreach (CCOC) Commissioner
2. Related Exwdence
What prior work experience have you had that would help you if you were appointed to
this position?
1 am currently in my eighth year working for Recology Ashland as a 3enbr Waste Zero Specialist.
My main responsitnW is to ensure that the residents of Ashland and Talent understand
how to prevent waste and recycle property.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? PotentiaAy adventagwus in expanding my
knowledge base.
3. Intents
Why are you applying for this position?
IWENNA
My values align with this position.
hope to connect with, encourage, and motivate the residents of Ashland
to make wise climate -minded decisions that ensure we can all keep living here.
d. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? t prefer daytime meetings on Wednesdays.
S. Additional Information Since 1997 / 25 years
How tong have you lived in this community?
Please use the space below to summarize any additional qualifications you have for this
position
Thank you for considering me as the ex otricio representative from Reoology Ashland.
1 beleeve that my communication skills, employment experience, and prior history
on the coneervabm b ckmate outreach commission could make me an asset to this oommission.
1 /30/23
Date
Council Business Meeting
February 21 & 22, 2023
City Council Election to fill Councilor Positions #2 and #3 Vacancies
From
Melissa Huhtala
City Recorder
Contact
Mellissa.huhtala(aD_ashland.or.us; 541-522-2084.
SUMMARY
This agenda item is for City Council deliberation to fill two vacant Councilor positions; Positions No.
2 and 3. The Council must appoint/elect replacements within 60 days of the effective dates of the
individual resignations (see Article III, Section 4 of the City Charter below under Policies, Plans &
Goals Supported). City Council appointments/elections to fill a vacant elected office position is for a
term that expires upon election of a successor by public vote at the next biennial election; in this case
November 2024. The sixty-day deadlines for the vacant Councilor positions are as follows:
• March 24, 2023, for Councilor Position No. 3
• April 8, 2023, for Councilor Position No. 2
At its January 31, 2023 Business Meeting, the City Council adopted the below outlined process and schedule
for soliciting applicants and making the appointment for Councilor Position #3. The process has previously
been used by the City to fill other elected officer vacancies. At the February 7, 2023 Business Meeting, the
Council directed that the same process and general schedule be used to also fill Councilor Position #2.
1. Applications were due by 5:00 p.m. on February 14, 2023;
2. City Recorder forwarded all applications to Council upon deadline closing;
3. Interviews of applicants by Councilors, depending on number of applicants, to be
completed by February 20, 2023;
4. Upcoming City Council meetings at which both vacant Councilor positions may be
considered within the sixty -days deadlines are as follows:
o Feb. 21st at the regular City Council Business meeting
o Feb. 22°d at a Special Called Business Meeting
o March 711 at the regular City Council Business meeting
o March 21' at the regular City Council Business meeting
The City has received nineteen (19) applications for one and/or the other vacant, Councilor positions.
ACTIONS. OPTIONS & POTENTIAL MOTIONS
The appointment/election to fill vacant elective offices of the City is at the City Council's discretion. The
Council may act under this agenda item to appoint individuals to fill one or both vacant Councilor positions
or identify candidates for further consideration and election at a subsequent Council meeting within the sixty -
days deadlines.
Page 1 of 2
CITY OF
AS H LA N D
STAFF RECOMMENDATION
N/A
FISCAL IMPACTS
N/A
POLICIES, PLANS & GOALS SUPPORTED
City Charter Article III — Elective Officers, Section 4 — Vacancies specifies the City Council has sixty
(60) days from an effective resignation date to fill a vacated Elected Officer position:
Section 4. Vacancies An office shall be deemed vacant upon the incumbent's death; adjudicated
incompetence; conviction of a felony; other offense pertaining to his/her office, or unlawful
destruction of public records; resignation; recall from office or ceasing to possess the
qualifications for the office; or, in the case of the Mayor or Council Member, upon his/her
absence from the City for thirty (30) days without the consent of the Council or upon his/her
absence from meetings of the Council for sixty (60) days without like consent, and subsequent
declaration of the vacancy by a two-thirds affirmative vote of the Council.
A vacant elective office in the City shall be filled within sixty (60) days by the Council electing
some qualified person to fill such vacancy. The appointee's term of office shall begin immediately
upon appointment and shall continue until a successor, elected at the next biennial election,
takes office for the unexpired term. The Council shall have the power, by a two-thirds affirmative
vote, to expel any member of the Council for disorderly conduct in Council or inattention to
duties. No Council member shall be expelled without notice and a hearing by the Council.
REFERENCES & ATTACHMENTS
None
Page 2 of 2
CITY OF
-ASHLAND
Council Business Meeting
February 21, 2023
Agenda Item
Chair of the Council Election by the City Council
From
Melissa Huhtala
City Recorder
Contact
Melissa.huhtala@ashland.or.us; (541) 488-5307
SUMMARY
The election of Tonya Graham, City Councilor for Position No. 2, to fill the Mayoral vacancy now requires the
Council elect her replacement to the Chair of the Council position. The Chair of the Council's role is to perform the
duties of the Mayor in those times of absence or inability of the Mayor to attend to their duties.
POLICIES, PLANS & GOALS SUPPORTED
The Ashland City Charter outlines the responsibilities for the Chair of the Council and the procedure for their
selection:
Section 8. Chair of the Council - At the first regular meeting of the Council in January of each
year, the Council shall by ballot elect a Chair of the Council from its membership to serve for one
(1) year. He/she shall, during all times when the Mayor is absent or unable to atiend to his/her
duties or act in any matter, have and exercise the powers and perform the duties of the Mayor,
except that he/she shall retain his/her Council member's right to vote. If, at any meeting of the
Council, both Mayor and Chair are absent, the Council members present shall elect one of their
number as Chair Pro Tem, who shall preside at that meeting.
PREVIOUS COUNCIL ACTION
Each year, the Council votes one Councilor to become the Chair, of the Council.
BACKGROUND AND ADDITIONAL INFORMATION
N/A
FISCAL IMPACTS
N/A
STAFF RECOMMENDATION
N/A
ACTIONS, OPTIONS & POTENTIAL MOTIONS
I move to confirm as Chair of the Council for one year.
REFERENCES & ATTACHMENTS
None
Page 1 of 1
CITY OF
-ASH LAN D
.'':.\Council Business Meeting
February 21, 2023
Agenda Item
2021-23 BN Supplement Budget & Resolution
From
Sabrina Cotta
Deputy City Manager/ Interim Finance Director
Contact
Sabrina.Cotta@ashland.or.us (541) 552-2106
Item Type
Requested by Council ❑ Update ❑ Request for Approval N Presentation ❑
SUMMARY
During the course of the Biennium there are times that budget adjustments are necessary. The proposed
budget amendments do not increase appropriations by more than ten percent.
POLICIES, PLANS & GOALS SUPPORTED
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 will recognize and appropriate unbudgeted revenue. These changes consist of
additional appropriations of less than ten percent of the budgeted fund, Oregon budget law allows adoption by
Council Resolution with no public hearing required.
The budget amendments reflect an adjustment for transfer of appropriation to ensure compliance level. Below
is the explanation of the needed transfers.
Transfer of appropriation only:
General Fund Administration Department- Communication Officer 10,000
Total transfer of appropriation needed $ 10,000
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.
SUGGESTED NEXT STEPS
That the Council adopt the attached resolution to authorize proposed changes as defined within this report for
a 2021-23 BN supplemental budget.
REFERENCES & ATTACHMENTS
Attachment 1: Resolution Adopting the Supplemental Budget
Attachment 2: Staff Supplemental Budget Request
Page 1 of 1
II/'r
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RESOLUTION NO.2023-02
A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET FOR CHANGES TO THE
2021-23 BIENNIUM BUDGET
RECITALS:
A. The City of Ashland 2021-23 Biennium Budget was adopted on June 18, 2022 for the
period of July 1, 2021 through June 30, 2023.
B. The City of Ashland (City) is authorized by ORS 294.471 to approve a supplemental
budget for one or more of the following reasons:
1. An occurrence or condition which had not been ascertained at the time of the
preparation of a budget for the current year which requires a change in financial
planning.
2. A pressing necessity which was not foreseen at the time of the preparation of the
budget for the current year which requires prompt action.
3. Funds were made available by another unit of federal, state or local government and
the availability of such funds could not have been ascertained at the time of the
preparation of the budget for the current year
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ASHLAND, OREGON,
RESOLVES AS FOLLOWS:
SECTION 1. In accordance with provisions stated above, the Mayor and City Council of the
City of Ashland determine that it is necessary to adopt a supplemental budget, establishing the
following amendments:
Generel Fund:
Administration Department
Transfer In
Parks General Fund:
Transfer Out
Parks Division
Parks Senior Center
RESOLUTION NO.2023-02
Transfers:
Appropriation Resource
10,000
10,000
$ 10,000 $ 10,000
Transfers:
Appropriation Resource
10,000
8,340
1,660
$ 10,000 $ 10,000
Page 1 of 2
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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 12023.
SIGNED and APPROVED this
Reviewed as to form:
Doug McGeary, Interim City Attorney
RESOLUTION NO.2023-02
ATTEST:
Melissa Huhtala, City Recorder
day of , 2023.
Tonya Graham, Mayor
Page 2 of 2
Transfer of appropriation only:
General Fund Administration Department - Communication Officer 10,000
Total transfer of appropriation needed $ 10,000
City of Ashland
Summary of Fund Balances
as of December 31, 2022
Balance
Balance
Change From
2022-2023
Over(Under)
Fund
December 31, 2022
December 31, 2021
FY 2022
Requirements
Requirements
General Fund
S
20,135,668
$
20,309,737
$
(174,068)
7,310,626
275%
Parks General Fund
1,877,192
2,053,976
(176,784)
1,385,064
136%
Tourism Fund
668,218
-
-
No Policy
N/A
Housing Fund
275,796
220,096
55,699
No Policy
NIA
Community Block Grant Fund
23,739
12,211
11,528
No Policy
NIA
Reserve Fund
1,770,126
39,650
1,730,475
No Policy
NIA
Street Fund
5,356,182
4,479,255
876,927
388,885
1377%
Airport Fund
321,252
189,481
131,771
59,018
544%
Capital Improvements Fund
1,215,197
1,000,188
215,008
No Policy
N/A
Parks Capital Improvements Fund
2,345,046
1,261,313
1,083,733
No Policy
NIA
Debt Service Fund
797,134
790,983
6,151
No Policy
N/A
Water Fund
15,306,680
14,018,216
1,288,463
4,290,031
357%
Wastewater Fund
7,490,474
8,290,202
(799,728)
2,675,526
280%
Storm Drain Fund
1,949,604
1,763,914
185,691
244,445
798%
Electric Fund
6,025,439
4,803,334
1,222,105
4,218,671
143%
Telecommunications Fund
2,942,926
2,370,480
572,446
482,346
610%
Insurance Services Fund
491,693
142,314
349,379
669,329
73%
Health Benefits Reserve Fund
2,196,665
1,707,731
488,935
562,647
390%
Equipment Fund
6,210,935
4,910,707
1,300,227
2,437,313
255%
Parks Equipment Fund
467,080
365,892
101,187
32,278
1447%
Cemetery Trust Fund
937,452
921,681
15,771
No Policy
N/A
$
78,804,497
$
69,651,361
$
9,153,135
Total Fund Balances
$
78,804,497
$
69,651,361
$
9,153,135
Restricted and Committed Funds
Restricted
$
10,871,467
$
7,662,743
$
3,208,724
Committied
15,846,236
17,724,518
(1,878,282)
Unassigned
52,086,794
44,264,100
7,822,694
Total Fund Balances
$
78,804,497
$
69,651,361
$
9,153,136
6. Dec22 FY23 Financial Report wih Live Cubes Links
111812023 1
City of Ashland
Statement of Revenues and Expenditures - City Wide
as of December 31, 2022
Fiscal Year2023
Percent
Fiscal Year2022
Fiscal Year2022
Percent
Year -To -Date
2nd Year of
Collected I
Year over year
Year -To -Date
End -of-Year
Collected I
Actuals
Biennial Budget
Expended
change
Actuals
Actuals
Expended
Resource Summary
Current Fiscal Year
Prior Fiscal Year
Revenues
Taxes
$ 18,372,304
$ 25.560,771
71.9%
102.3%
$ 17,950,562
$ 26,351,671
68.1%
Licenses and Permits
565,836
1,124,000
50.3%
107.5%
526,602
1,539,283
34.2%
Intergovernmental Revenues
3,043,945
13,756,761
22.1%
68.2%
4,461,095
7,466,479
59.7%
Charges for Services - Rate & Internal
30,763,546
61.082,597
50.4%
99.0%
31,076,934
60,829,919
51.1%
Charges for Services - Misc. Service fees
632,155
928,100
68.1%
135.6%
466,222
938,943
49.7%
System Development Charges
275,053
405,000
67.9%
100.4%
273,823
534,874
51.2%
Fines and Forfeitures
90,954
544,500
16.7%
104.5%
87,077
171,689
50.7%
Assessment Payments
291
6,000
4.8%
23.9%
1,216
2,171
56.0%
Interest on Investments
578,413
343,480
168.4%
433.9%
133,294
310,031
43.0%
Miscellaneous Revenues
547,580
677,850
80.8%
386.9%
141.523
208,031
68.0%
Total Revenues
54,870,076
104,429,059
52.5%
99.5%
55,118,348
98,353,093
56.0%
Budgetary Resources:
Other Financing Sources
478,085
22,992,450
2.1%
162.3%
294,580
672,428
43.8%
Transfers In
2,906,205
5,171,567
56.2%
81.6%
3,563,438
9,772,479
36.5%
Total Budgetary Resources
3,384,290
28,164,017
12.0%
87.7%
3,858,018
10,444,907
36.9%
Total Resources
58,254,366
132,593,076
43.9 %
98.8 %
58,976,366
108,797,997
54.2 %
Requirements by Classification
Personnel Services
16.500,954
36,810,847
44.8%
98.0%
16,831,307
32,720,537
51.4 %
Materials and Services
22,475,505
50,509,958
44.5%
102.9%
21,849,910
44,824,913
48.7%
Debt Service
2,122,857
2,964,213
71.6%
99.6%
2,130,879
2,736,802
77.9%
Total Operating Expenditures
41,099,316
90,285,018
45.5%
100.7%
40,812,096
80,282,252
50.8%
Capital Construction
Capital Outlay
6.520,382
40,454,086
16.1%
318.5%
2,047.087
4,764,850
43.0%
Transfers Out
2,906,205
5,171,567
56.2%
81.6%
3,563,438
9,772,479
36.5%
Contingencies (Original Budget $2,854,176)
1,719,365
0.0%
0.0%
-
0.0%
Total Budgetary Requirements
2,906,205
6,890,932
42.2%
81.6%
3,563,438
9,772,479
36.5%
Total Requirements
50,525,903
137,630,036
36.7%
108.8%
46,422,621
94,819,581
49.0%
Excess (Deficiency) of Resources over
Requirements
7,728,463
(5,036,960)
253.4 %
61.6 %
12,553,746
13,978,416
Carry Forward Fund Balance
71,076,031
45,043,109
157.8%
124.5%
57,097,615
57,097,615
100.0%
Unappropriated Ending Fund Balance
$ 78,804,497
$ 40,006,149
197.0%
113.1%
$ 69,651,361
$ 71,076,031
98.0%
6. Dec22 FY23 Financial Report with Live Cubes Links
1/1812023 2
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
as of December 31, 2022
Budget to Actual
Fiscal Year 2023
Percent
Actual to Actual
Fiscal Year 2022
Actual Percent
Fiscal Year 2023 2nd Year of Biennial
Collected I
Year -over -Year
Fiscal Year 2022 Year
End -of -Year
Collected I
2nd Year Actuals
Budget
Expended
Change
To -Date Actuals
Actuals
Expended
Current Fiscal Year
Prior
Fiscal Year
110 General Fund
Taxes
$ 16.628.201 $
22,566,042
73.7%
98.4%
$ 16,906,392
$ 23,377,035
72.3%
Licenses and Permits
565,836
1,124,D00
50.3%
107.51%
526,602
1.539,283
34.2%
Intergovernmental
1,890,011
1,647,835
114.7%
702%
2,693,956
3,632,527
76.3%
Charges for Services
4,403,305
8,803,449
50.0%
99.6%
4,420,083
9,242,365
47.8%
Fines
90,9m
544,500
16.7%
104.5%
87,077
171,689
50.7%
Interest on Investments
109,592
38,000
288.4%
380.5%
28,803
73,243
39.3%
Miscellaneous
38,954
57,650
67.6%
80.9%
48,159
71.660
67.2%
Transfer in (Water Fund)
50,000
50,000
100.0%
100.0%
50,000
50,000
1DO. 0%
Transfer In (Cemetery)
8,137
65,000
12.5%
353.5%
2,302
4,879
47.2%
Total Revenues and Other Sources
23,784,990
34,896,476
68.2%
96.0%
24,763,374
38,062,681
65A%
Administration Department
853,915
2,281,513
37.4%
66.3%
1,287,710
2,450,441
52.6%
Administration - Municipal Court
196,444
593,956
33.1%
92.4%
212,703
438,582
48.5%
Information Technology Department
563,796
1,480,354
38.1%
94.0%
599,547
1,083,371
55.3%
Finance Department
1,300,505
2,900,303
44.8%
97.3%
1.336,050
2,538,221
52.6%
City Recorder
104,254
175,183
59.5%
100.9%
103.354
198,328
52.1%
Police Department
3,572,530
7,946,996
45.0%
95.9%
3,724,063
7,078,771
52.6%
Fire and Rescue Department
5,678,472
11,281,247
50.3%
126.4%
4,490,735
9,330,436
48.1%
Public Works Department
1,467,604
4,828,115
30.4%
104.9%
1,398,890
2,867,080
48.8%
Community Development
928,119
2,163.573
42.9%
84.9%
1,092,811
2,012,425
54.3%
Transfers (Parks Fund)
1,773,498
3,546,997
50.0%
63.9%
2.776,464
7,452,928
37.3%
Transfers (Tourism Fund)
775,474
775,474
100.0%
NIA
-
-
NIA
Transfers (Housing Fund)
-
NIA
NIA
200,000
0.0%
Transfers (Reserve Fund)
NIA
N/A
1,415,000
0.0%
Transfers (Cemetery Fund)
500
500
100.0%
100.0%
500
500
100.0%
Contingency
25,533
0.0%
N/A
N/A
Total Expenditures and Other Uses
17,215,111
37,999.744
45.3%
101.1%
17,022,828
37,066,083
45.9%
Excess(Deficiency) of Revenues and Other Sources over
Expenditures and Other Uses
Beginning Fund Balance
Ending Fund Balance
Reconciliation of Fund Balance:
Restricted and Committed Funds
Unassigned Fund Balance
6,569,879 (3,103,268) 311.7%
13,565,789 8,616.083 157.4%
$ 20,135,668 $ 5,512,815 365.3%
1,273,362
18,862,306
84.9% 7,740.546 996,598 776.7%
107.9% 12,569,191 12,569,191 100.0%
99.1 % $ 20,309,737 $ 13,565,789 149.7%
6.4�31 fYl] Firerciel PCDorI can Lhe GL6ef linlu
1116 ]L1]
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
as of December 31, 2022
211 Parks and Recreation General Fund
Taxes
Intergovernmental
Charges for Services
Interest on Investments
Miscellaneous
Transfer In (City General Fund)
Transfer In (Parks CIP Fund)
Total Revenues and Other Sources
Parks Division
Recreation Division
Goff Division
Senior Services Division
Parks Forestry Division
Transfer Out (Reserve Fund)
Contingency
Total Expend8ures and Other Uses
Excess(Deficiency) of Revenues and Other Sources over
Expenditures and Other Uses
Beginning Fund Balance
Ending Fund Balance
Reconciliation of Fund Balance:
Restricted and Committed Funds
Unassigned Fund Balance
Budget to Actual
Fiscal Year 2023
Percent
Actual to Actual
Fiscal
Year 2022
Actual Percent
Fiscal Year 2023 2nd Year of Biennial
Collected I
Year -over -Year
Fiscal Year 2022 Year-
End -of -Year
Collected I
2nd Year Actuals
Budget
Expended
Change
To -Date Actuals
Actuals
Expended
Current Fiscal Year
Prior Fiscal Year
$ - $
2,005,942
0.0%
NIA
$ - $
-
N/A
10,938
90,000
12.2%
42.1%
26,011
103,157
25.2%
308,537
948,981
32.5%
62.1%
496,745
977,065
50.8%
22,711
15,000
151.4%
491.8%
4,618
10,509
43.9%
4,621
25,000
18.5%
19.1%
24,201
26,137
92.6%
1,773.498
3,981,997
44.5%
63.9%
2,776,464
7,452,928
37.3%
N/A
NIA
435,000
50,000
870.0%
2,120,305
7,066,920
30.0%
56.3%
3,763,039
8,619,795
43.7%
2,263,109
4,670,300
48.5%
103.6%
2,183,877
4,423,720
49.4%
564.423
1,235,539
45.7%
110.9%
509,170
1,057,591
48.1%
170.875
595,618
28.7%
45A%
376,297
618,511
60.8%
163,159
408,075
40.0%
87.9%
185,683
368.720
50.4%
238,885
593,964
40.2%
96.5%
247,435
487,312
50.8%
-
-
NIA
NIA
300,D00
0.0%
224,681
0.0%
NIA
N/A
3,400,451
7,728,176
44.0%
97.1%
3,502,461
7,255,855
48.3%
(1,280,146)
(661,256)
-93.6%
-491.3%
260,578
1,363,940
19.1%
3,157,338
754,606
418.4%
176.1%
1,793,398
1,793,398
100.0%
$ 1,877,192 $
93,350
2010.9%
91.4%
$ 2,053,976 $
3,157,338
65.1%
$ 1,877,192
6, 402F 3F'e,w 1 Repanuil, Lice Cubes Links
I116RD23 4
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
as of December 31. 2022
Budget to Actual
Fiscal Year 2023
Percent
Actual to Actual
Fiscal Year 2022
Actual Percent
Fiscal Year 2023 2nd Year of Biennial
Collected 1
Year -over -Year
Fiscal Year 2022 Year. End -of -Year
Collected I
2nd Year Actuals
Budget
Expended
Change
To -Date Actuals Actuals
Expended
Current Fiscal Year
Prior Fiscal Year
230 Tourism Fund
Taxes
$ 244,238 $
100,000
244.2%
NIA
$ - $ -
N/A
Interest
5,655
-
NIA
NIA
- -
N/A
Miscellaneous
-
-
NIA
NIA
- -
NIA
Transfer in (General Fund)
775,474
775,474
100.0%
N/A
NIA
Total Revenues and Other Sources
1,025,367
875,474
117.1%
NIA
NIA
Personnel Services
23,988
80,000
30.0%
N/A
- -
N/A
Materials and Services
333,161
629,663
52.9%
NIA
- -
NIA
Contingency
165,811
0.0%
NIA
NIA
Total Expenditures and Other Uses
357,149
875,474
40.8%
NIA
NIA
Excess(Defidency) of Revenues and Other Sources over
Expenditures and Other Uses
668,218
-
0.0%
NIA
- -
NIA
Beginning Fund Balance
0.0%
NIA
NIA
Ending Fund Balance
$ 668,218 $
0.0%
NIA
$ $
N/A
Reconciliation of Fund Balance:
Restricted and Committed Funds
668,218
Unassigned Fund Balance
$ -
6, Oer1] FY1.1 F..1 Pep hLW CUAea Linb 5
B N]
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
as of December 31, 2022
Budget to Actual
Fiscal Year 2023 Percent Actual to Actual Fiscal Year 2022 Actual Percent
Fiscal Year 2023 2nd Year of Biennial Collected I Year -over -Year Fiscal Year 2022 Year. End -of -Year Collected I
2nd Year Actuals Budget Expended Change To -Date Actuals Actuals Expended
Current Fiscal Year Prior Fiscal Year
240 Housing Fund
Taxes $
- $
100,000
0.0%
Ingovemmental
-
NIA
Interest on Investments
2,265
1,DD0
226.5%
Transfer In (General Fund)
NIA
Total Revenues and Other Sources
2,265
101,DD0
2.2%
Materials and Services
7,130
1,0D0
713.0%
Capital Outlay
0.0%
Total Expenditures and Other Uses
7,130
1,000
713.0%
Excess(Deficiency) of Revenues and Other Sources over
Expenditures and Other Uses
(4,866)
100,DD0
-4.9%
Beginning Fund Balance
280.661
0.0%
Ending Fund Balance $
275,796 $
100,000
275.8%
Reconciliation of Fund Balance:
Restricted and Committed Funds
275,796
Unassigned Fund Balance $
0.0% $
93,067 $
-
NIA
NIA
101,097
335,950
30.1%
606.8%
373
857
43.5%
NIA
200,000
0.0%
12%
194,537
536,807
36.2%
76.9%
9,268
290,973
3.2%
0.0%
93,427
93,427
1D0.0%
76.9%
102,695
384,400
26.7%
-5.39% 91,842 152,407 60.3%
218.8% 128,254 128,254 1D0.0%
125.3% $ 220,096 $ 280,661 78.4%
6.0e FMF-A a W.�the Cubes link
In-3 6
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
as of December 31, 2022
Budget to Actual
Fiscal Year 2023
Percent
Actual to Actual
Fiscal Year 2022
Actual Percent
Fiscal Year 2023 2nd
Year of Biennial
Collected /
Year -over -Year
Fiscal Year 2022 Year.
End -of -Year
Collected I
2nd Year Actuals
Budget
Expended
Change
To -Date Actuals
Actuals
Expended
Current Fiscal Year
Prior Fiscal Year
250 Community Development Block Fund
Intergovernmental
$ 159,392 $
188,801
84.4%
79.6%
$ 200,320
$ 502,037
39.9%
Total Revenues and Other Sources
159,392
188,801
84.4%
79.6%
200,320
502,037
39.9%
Personnel Services
12,878
37,163
34.7%
52.8%
24,406
49,597
49.2%
Materials and Services
159,392
151,638
105.1 %
79.6%
200,320
452,440
44.3%
Total Expenditures and Other Uses
172,271
188,801
91.2%
76.7%
224,726
502,037
44.8%
Excess(Deficiency) of Revenues and Other Sources over
Expenditures and Other Uses
(12,878)
(0)
N/A
52.8%
(24,406)
-
N/A
Beginning Fund Balance
36,617
0.0%
100.0%
36,617
36,617
100.0%
Ending Fund Balance
$ 23,739 $
(0)
N/A
194.4%
$ 12,211
$ 36,617
33.3%
Reconciliation of Fund Balance:
Restricted and Committed Funds
23,739
Unassigned Fund Balance
8.4f]] FY]] F'nrcl� Rewn wn lM CUMe limn
1118211d 7
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
as of December 31, 2022
Budget to Actual
Fiscal Year 2023
Percent
Actual to Actual
Fiscal Year 2022
Actual Percent
Fiscal Year 2023 2nd Year of Biennial
Collected /
Year -over -Year
Fiscal Year 2022 Year. End -of -Year
Collected 1
2nd Year Actuals
Budget
Expended
Change
To -Date Actuals Actuals
Expended
Current Fiscal Year
Prior Fiscal Year
255 Reserve Fund
Interest on Investments
$ 15,365 $
400
3841.2%
15480.8%
$ 99 $ 210
47.3%
Transfer In (General Fund)
-
-
N/A
NIA
- 1,415,000
0.0%
Transfer In (Parks General Fund)
-
-
N/A
N/A
300,000
0.0%
Total Revenues and Other Sources
15,365
400
3841.2%
15480.8%
99 1,715,210
0.0%
Operating Transfer out
NIA
NIA
N/A
Total Expenditures and Other Uses
-
-
N/A
N/A
- -
N/A
Excess(Deficiency) of Revenues and Other Sources over
Expenditures and Other Uses
15,365
400
3841.2%
15480.8%
99 1,715,210
0.0%
Beginning Fund Balance
1,754,761
40,056
4380.8%
4436.7%
39,551 39,551
100.0%
Ending Fund Balance
$ 1,770,12 $$
40,456
4375.4%
4464.3%
$ 39,650 $ 1,754,761
2.3%
Reconciliation of Fund Balance:
Restricted and Committed Funds
1,770,126
Unassigned Fund Balance
$
6.@c FY2, FvxrciJ Ac dd hLM 0, eLino
nanny 8
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
as of December 31, 2022
Budget to Actual
Fiscal Year 2023
Percent
Actual to Actual
Fiscal
Year 2022
Actual Percent
Fiscal Year 2023 2nd
Year of Biennial
Collected /
Year -over -Year
Fiscal Year 2022 Year
End -of -Year
Collected I
2nd Year Actuals
Budget
Expended
Change
To -Date Actuals
Actuals
Expended
Current Fiscal Year
Prior
Fiscal Year
260 Street Fund
Taxes
$ 376,082 $
679,399
55.4%
67.5%
$ 557,134 $
2,065,803
27.01/6
Intergovernmental
860,985
1,522,125
56.6%
702%
1,227,341
2,103,177
58.4%
Charges for Services - Rates
824,704
1,642,500
50.2%
98.8%
834,501
1,676,057
49.8%
Charges for Services - Misc. Service Fees
406
15,000
2.7 %
71.1%
571
1,555
36.7%
System Development Charges
94,201
150,000
62.8%
118.0%
79,827
165,625
48.2%
Assessments
291
6,000
4.8%
23.9%
1,216
2,171
56.0%
Interest on Investments
44,570
11,700
380.9%
525.6%
8,479
21,110
40.2%
Miscellaneous
7,501
15,000
50.0%
44.9%
16,694
17,808
93.7%
Other Financing Sources
2,588,000
0.0%
N/A
N/A
Total Revenues and Other Sources
2,208,740
6,629,724
33.3%
81.0%
2,725,763
6,053.306
45.0%
Public Works - Ground Maintenance
130,412
279,270
46.7%
102.41/6
127,413
235,837
54.0%
Public Works- Street Operations
2,258,084
6,125,846
36.9%
118.0%
1,913,536
4,151,604
46.1%-
Public Works - Street Operations Debt
-
81,563
0.0%
0.0%
75,631
-
N/A
Public Works - Transportation SDC's
-
364,660
0.0%
0.0%
2,364
2,364
100.0%
Contingency
156,635
0.0%
NIA
N/A
Total Expenditures and Other Uses
2,388,496
7,007,974
34.1%
112.7%
2,118,944
4,389,805
48.3%
Excess(Deficiency) of Revenues and Other Sources over
Expenditures and Other Uses
(179,756)
(378,250)
52.5%
-29.6%
606,819
1,663,501
36.5%
Beginning Fund Balance
5,535,938
767,135
721.6%
143.0%
3,872,437
3,872,437
100.0%
Ending Fund Balance
$ 5,356,182 $
388,885
1377.3%
119.6%
$ 4,479,255 $
5,535,938
80.9%
Reconciliation of Fund Balance:
Restricted and Committed Funds
5,356,182
Unassigned Fund Balance
$
..- M FireriM Pe W�uiM1 lie LLMa link
IM=23 9
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
as of December 31. 2022
Budget to Actual
Fiscal Year 2023
Percent
Actual to Actual
Fiscal Year 2022
Actual Percent
Fiscal Year 2023 2nd Year of Biennial
Collected 1
Year -over -Year
Fiscal Year 2022 Year.
End -of -Year
Collected I
2nd Year Actuals
Budget
Expended
Change
To -Date Actuals
Actuals
Expended
Current Fiscal Year
Prior Fiscal Year
280 Airport Fund
Intergovernmental
$ $
2,598,000
0.0%
NIA
$ - $
283,609
0.0%
Charges for Services - Rates
105,324
164,000
64.2 %
122.0%
86,345
169,862
50.8%
Interest on Investments
2,500
3,000
83.3%
395.0%
633
1,178
53.7%
Total Revenues and Other Sources
112,446
2,765,000
4.1%
129.3%
86,977
454,649
19.1%
Materials and Services
39,134
91,772
42.6%
81.2%
48,211
91,626
52.6%
Capital Outlay
50,231
2,678,000
1.9%
44.3%
113,411
328,977
34.5%
Contingency
2,753
0.0%
NIA
NIA
Total Expenditures and Other Uses
89,365
2,772,525
3.2%
55.3%
161,623
420,604
38.4%
Excess(Deficiency) of Revenues and Other Sources over
Expenditures and Other Uses
23,081
(7,525)
406.7%
J0.9%
(74,646)
34,045
-219.3%
Beginning Fund Balance
298,171
197,378
151.1%
112.9%
264,126
264,126
100.0%
Ending Fund Balance
$ 321,252 $
189,853
169.2%
169.5%
$ 189,481 $
298,171
63.51/
Reconciliation of Fund Balance:
Restricted and Committed Funds
321,252
Unassigned Fund Balance
$
B.0W FM Fre NC Wh lie dAo Unh
nvmxJ 10
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
as of December 31, 2022
Budget to Actual
Fiscal Year 2023
Percent
Actual to Actual
Fiscal Year 2022
Actual Percent
Fiscal Year 2023 2nd Year of Biennial
Collected I
Year -over -Year
Fiscal Year 2022 Year. End -of -Year
Collected I
2nd Year Actuals Budget
Expended
Change
To -Date Actuals Actuals
Expended
Current Fiscal Year
Prior Fiscal Year
410 Capital Improvements Fund
Intergovernmental
$ - $
-
NIA
N/A $
- $
_
N/A
Charges for Services - Misc. Service Fees
105,771
170,000
62.2%
112.4%
94,066
200,868
46.8%
System Development Charges
13,181
70,000
18.8%
79.9%
16,493
39,779
41.5%
Interest on Investments
10,474
8,700
120.4%
388.5%
2,696
5,661
47.6%
Miscellaneous
N/A
N/A
1,024
1,024
100.0%
Total Revenues and Other Sources
129,426
248,700
52.0%
113.3%
114,279
247,331
46.2%
Public Works - Capital Outlay
12,470
284,249
4.4 %
NIA
-
-
NIA
Transfer Out (Debt Service Fund)
110,000
110,000
100.0%
100.0%
110,000
110,000
100.0%
Contingency
-
-
NIA
NIA
-
-
NIA
Total Expenditures and Other Uses
122,470
394,249
31.1%
N/A
185,000
110,000
168.2%
Excess(Deficiency) of Revenues and Other Sources over
Expenditures and Other Uses
6,956
(145,549)
104.8%
-9.8%
(70,721)
137,331
-51.5%
Beginning Fund Balance
1,208,241
145,549
830.1%
112.8%
1,070,909
1,070,909
100.0%
Ending Fund Balance
$ 1,215,197 $
0.0%
121.5% $
1,000,188 $
1,208,241
82.8%
Reconciliation of Fund Balance:
Restricted and Committed Funds
1,215,196
Unassigned Fund Balance
e.o nrrza rn.nx reo,nrn u.ax. unm
rnaan:a 11
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
as of December 31, 2022
Budget to Actual
Fiscal Year 2023
Percent
Actual to Actual
Fiscal
Year 2022
Actual Percent
Fiscal Year 2023 2nd
Year of Biennial
Collected I
Year -over -Year
Fiscal Year 2022 Year
End -of -Year
Collected 1
2nd Year Actuals
Budget
Expended
Change
To -Date Actuals
Actuals
Expended
Current Fiscal
Year
Prior Fiscal Year
411 Parks Capital Improvement Fund
Taxes
$ 928,063 $
-
NIA
N/A
$ 185,619 $
687,139
27.0%
Intergovernmental
110,000
7,500,000
1.5%
55.0%
200,000
555,714
36.0%
Interest on Investments
16,907
9,700
174.3%
390.9%
4,325
8,288
52.2%
Miscellaneous
50,000
0.0%
N/A
0.0%
Total Revenues and Other Sources
1.054,970
7,559,700
14.0%
270.5%
389.944
1,251,141
31.2%
Materials and Services
-
202,000
0.0%
0.0%
-
-
N/A
Capital Outlay
499,821
6,985,000
7.2%
126.3%
395,767
924,784
42.8%
Transfer Out (Debt Service Fund)
188,596
623,596
30.2%
99.7%
189,172
189,172
100.0%
Transfer Out (Parks General Fund)
NIA
N/A
435.000
50,000
870.0%
Total Expenditures and Other Uses
688,417
7,810,596
8.8%
67.5%
1,019,940
1,163,956
87.6%
Excess(Deficiency) of Revenues and Other Sources over
Expenditures and Other Uses
366,553
(250,896)
-146.1%
58.2%
(629,996)
87,185
-722.64/6
Beginning Fund Balance
1,978,493
537,234
368.3%
104.6%
1.891,308
1,891,308
100.0%
Ending Fund Balance
$ 2,345,046 $
286,338
819.0%
185.9%
$ 1,261,313 $
1,978,493
63.8%
Reconciliation of Fund Balance:
Restricted and Committed Funds
2,345,046
Unassigned Fund Balance
$ (0)
B. ecct3 FM Fhm W Reportvll, LAe Ub lint
1MM 23 12
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
as of December 31, 2022
Budget to Actual
Fiscal Year 2023
Percent
Actual to Actual
Fiscal Year 2022
Fiscal Year 2023 2nd Year of Biennial
Collected I
Year -over -Year
Fiscal Year 2022 Year.
End -of -Year
2nd Year Actuals
Budget
Expended
Change
To -Date Actuals
Actuals
Current Fiscal Year
Prior Fiscal Year
530 Debt Services
Taxes
$ 195,720 $
209,388
93.5%
96.1%
$ 203,630 $
221,656
Charges for Services - Internal
630,686
1,154,300
54.6%
99.8%
632,058
1,264,116
Interest on Investments
3,493
2,900
120.4%
444.9%
785
3,333
Transfer In ( CIP)
110,000
110,000
100.0%
100.0%
110,000
110,000
Transfer In ( Parks CIP)
188,596
188,596
100.0%
99.7%
189,172
189,172
Total Revenues and Other Sources
1,128,495
1,665,184
67.8%
99A%
1,135,645
1,788,277
Debt Service
1,341,162
1,766.451
75.9%
100.6%
1.332.634
1,766,448
Total Expenditures and Other Uses
1,341,162
1,766,451
75.9%
100.6%
1,332,634
1,766,448
Excess(Deficiency) of Revenues and Other Sources over
Expenditures and Other Uses
(212,667)
(101,267)
-110.0%
108.0%
(196,989)
21,829
Beginning Fund Balance
1,009,801
1,252,463
80.6%
102.256
987,972
987,972
Ending Fund Balance
$ 797,134 $
1,151,196
69.2%
100.8%
$ 790,983 $
1,009,801
Reconciliation of Fund Balance: ,
Restricted and Committed Funds
797,134
Unassigned Fund Balance
$ -
a o m3 r:.,,;.i a.oenwn u.o,ev uw 13
invmv
Actual Percent
Collected I
Expended
91.9%
50.0%
23.6%
100.0%
100.0%
63.5%
75.4%
75.4%
-902.4%
100.0%
78.3%
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
as of December 31, 2022
Budget to Actual
Fiscal Year 2023
Percent
Actual to Actual
Fiscal
Year 2022
Actual Percent
Fiscal Year 2023 2nd
Year of Biennial
Collected I
Year -over -Year
Fiscal Year 2022 Year.
End -of -Year
Collected 1
2nd Year Actuals
Budget
Expended
Change
To -Date Actuals
Actuals
Expended
-
Current Fiscal
Year
Prior Fiscal Year
670 Water Fund
Intergovernmental
$ - $
N/A
NIA
$ - $
-
NIA
Charges for Services - Rates
5,168,416
8,840,000
58.5%
100.2%
5,159,619
8,399,651
61.4%
Charges for Services - Misc. Service Fees
19,605
90,000
21.8%
108.8%
18,014
67,573
26.7%
System Development Charges
92,676
150,000
61.8%
88.9%
104,282
204,411
51.0%
Interest on Investments
119,297
92,800
128.6%
392.6%
30,390
65.754
46.2%
Miscellaneous
28
26,000
0.1%
32%
876
4,104
21.39/6
Other Financing Sources
17,545,800
0.0%
NIA
NIA
Total Revenues and Other Sources
5,400,021
26,744,600
20.2%
101.6%
5,313,180
8,741.494
60.8%
Public Works - Conservation
63,684
283,670
22.5%
104.5%
60,947
127,393
47.8%
PublicWorks- WaterSupply
442,002
4.121,215
10.7%
67.7%
653,067
1,142,413
57.2%
Public Works - Water Supply Debt
127,843
127,776
100.1%
100.1%
127,683
127,775
99.9%
Public Works- Water Distribution
1,861,859
4,867,942
38.2%
98.1%
1,898,429
3,686,295
51.5%
Public Works - Water Distribution Debt
259,071
269,197
96.2%
101.7%
254,846
267,260
95A%
Public Works - Water Treatment
1,308,900
15,555,295
8.4 %
178.5%
733,098
1,411,805
51.9%
Public Works- Water Treatment Debt
72,882
75,195
96.9%
101.7%
71,631
72,662
98.6%
Public Works- ReimbursementSDC's
150,000
0.0%
NIA
-
-
N/A
Public Works - Improvement SDC's
172,759
2.131,200
8.1 %
109.3%
158,057
269,059
58.7 %
Public Works - Debt SDC's
33,633
33,390
100.7%
101.7%
33,057
33,390
99.0 %
Debt Service
-
180,574
0.0%
NIA
-
-
N/A
Transfer Out (General Fund to AFR)
50,000
50,000
100.0%
100.0%
50,000
50,000
10 0.0%
Contingency
-
232,004
0.0%
NIA
-
N/A
Total Expenditures and Other Uses
4,392.632
28,077,458
15.6%
108.7%
4,040,814
7,1118,052
56.2%
Excess(Deficiency) of Revenues and Other Sources over
Expenditures and Other Uses
1,007,389
(1,332,858)
175.6%
79.2%
1,272,366
1,553,442
81.9%
Beginning Fund Balance
14,299,291
11,518,403
124.1%
112.2%
12,745,849
12,745,849
100.0%
Ending Fund Balance
$ 15,306,680 $
10,185,545
150.3%
109.2%
$ - 14,018,216 $
14,299,291
98.0%
Reconciliation of Fund Balance:
Restricted and Committed Funds
1,162,197
Unassigned Fund Balance
$ 14,144,482
6. o,c M rFbrciel Reportwh Urc CUMs ling
111- 14
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
as of December 31, 2022
675 Wastewater Fund
Taxes
Intergovernmental
Charges for Services - Rates
Charges for Services - Misc. Service Fees
System Development Charges
Interest on Investments -
Other Financing Sources
Total Revenues and Other Sources
Public Works - Wastewater Collection
Public Works - Wastewater Collection Debt
Public Works - Wastewater Treatment
Public Works - Wastewater Treatment Debt
Public Works - Improvements SDC's
Contingency
Total Expenditures and Other Uses
Excess(Deficiency) of Revenues and Other Sources over
Expenditures and Other Uses
Beginning Fund Balance
Ending Fund Balance
Reconciliation of Fund Balance:
Restricted and Committed Funds
Unassigned Fund Balance
Budget to Actual
Fiscal Year 2023
Percent
Actual to Actual
Fiscal
Year 2022
Fiscal Year 2023 2nd
Year of Biennial
Collected I
Year -over -Year
Fiscal Year 2022 Year,
End -of -Year
2nd Year Actuals
Budget
Expended
Change
To -Date Actuals
Actuals
Current Fiscal Year
Prior Fiscal Year
S $
NIA
0.0%
$ 4,720 $
38
-
-
NIA
NIA
3,242,375
6,040,000
53.7%
101.0%
3,211,579
6,301.095
-
150,000
0.0%
0.0%
(3,174)
(3,174)
65,830
N/A
101.4%
64.901
91,772
62,189
86,700
71.7%
346.7%
17,938
38,811
478,085
2,858,650
16.7%
162.3%
294,580
672,428
3,848,542
9,135,350
42.1%
107.2%
3,590,544
7,100.970
1,197,238
2,793,623
42.9%
103.296
1,159,608
2,259,032
42,828
46,057
93.0%
99.1%
43,228
46,056
3,338,282
5,714,038
58.4%
212.8%
1,568,755
3,734,655
61,088
128,797
47.4%
100.0%
61,088
128,797
55,365
1,331,350
4.2%
148.2%
37,351
165,385
184,274
0.0%
NIA
4,694,800
10,198,139
46.0%
163.6%
2,870,030
6,333,925
Actual Percent
Collected I
Expended
12421.4%
N/A
51.0%
100.0%
70.7%
46.2%
43.8%
50.6%
51.3%
93.9%
42.0%
47.4%
22.6%
N/A
45.3%
(846.259) (1,062,789) 20.4%-117.5% 720,514 767,045 93.9%
8,336,733 5,932,421 140.5% 110.1% 7,569,688 7,569,688 100.0%
$ 7,490,474 $ 4,869,632 153.8% 90.4% $ 8,290,202 $ 8,336,733 99.4%
2,228,374
$ 5,262,101
15
111BM]]
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
as of December 31, 2022
680 Stormwater Fund
Intergovernmental
Charges for Services - Rates
Charges for Services - Misc. Service Fees
System Development Charges
Interest on Investments
Total Revenues and Other Sources
Public Works - Storm Water Operations
Public Works - Storm Water Operations Debt
Public Works - Storm Water SOC's
Contingency
Total Expenditures and Other Uses
Excess(Deficiency) of Revenues and Other Sources over
Expenditures and Other Uses
Beginning Fund Balance
Ending Fund Balance
Reconciliation of Fund Balance:
Restricted and Committed Funds
Unassigned Fund Balance
Budget to Actual
Fiscal Year 2023
Percent
Actual to Actual
Fiscal Year 2022
Actual Percent
Fiscal Year 2023 2nd
Year of Biennial
Collected I
Year -over -Year
Fiscal Year 2022 Year.
End -of -Year
Collected I
2nd Year Actuals
Budget
Expended
Change
To -Date Actuals
Actuals
Expended
Current Fiscal Year
Prior Fiscal Year
$ $
N/A
N/A
$ - $
N/A
392,085
769,600
50.9%
99.3%
394,681
793,847
49.796
-
-
N/A
NIA
N/A
9,165
35,000
26.2%
110.1%
8,320
33,287
25.0%
15,834
10,000
158.3%
372.3%
4,253
8,992
47.3%
417,083
814,600
51.2%
102.4%
407,254
836,126
48.7%
324,247
1,102,538
29.4%
80.9%
400,733
722,578
55.5%
10,725
11,550
92.9%
99.1%
10,825
11,550
93.7%
-
275,000
0.0%
0.0%
9,398
12,120
77.5%
37,173
0.0%
WA
WA
334,972
1,426,261
23.5%
79.6%
420,955
746,248
56.4%
82.111
(611,661)
113.4%
-599.3%
(13,701)
89,878
-15.2%
1,867,493
856,106
218.1%
105.1%
1,777,615
1,777,615
100.0%
$ 1,949,604 $
244,445
797.6%
110.5%
$ 1,763,914 $
1,867,493
94.5%
(49,085)
1,900,519
6.M1 F 3 F,111.1 Repanwl, live Nees lints
IIIB]R2) 16
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
as of December 31, 2022
690 Electric Fund
Intergovernmental
Charges for Services - Rates
Charges for Services - Misc. Service Fees
Interest on Investments
Miscellaneous
Total Revenues and Other Sources
Administration - Conservation
Electric - Supply
Electric - Distribution
Electric - Transmission
Debt Service
Contingency
Total Expenditures and Other Uses
Excess(Deficiency) of Revenues and Other Sources over
Expenditures and Other Uses
Beginning Fund Balance
Ending Fund Balance
Reconciliation of Fund Balance:
Restricted and Committed Funds
Unassigned Fund Balance
Budget to Actual
Fiscal Year 2023
Percent
Actual to Actual
Fiscal
Year 2022
Actual Percent
Fiscal Year 2023 2nd
Year of Biennial
Collected 1
Year -over -Year
Fiscal Year 2022 Year.
End -of -Year
Collected I
2nd Year Actuals
Budget
Expended
Change
To -Date Actuals
Actuals
Expended
Current Fiscal Year
Prior Fiscal Year
$ 12,618 $
210,000
6.0%
102.0%
$ 12,369 $
50,308
24.6%
8,527,984
18,408,531
46.3%
99.6%
8,564,437
17,375,916
49.3%
293,057
268,000
109.3%
145.9%
200,894
316,209
63.5%
41,172
25,000
164.7%
532.6%
7,731
18,608
41.5%
313,487
302,000
103.8%
1071.2%
29,265
63,231
46.3%
9,188,319
19,213,531
47.8%
104.2%
8,814,696
17,824,272
49.5%
352,784
1,122,936
31.4%
79.5%
443,957
762,029
58.3%
2,607,145
7,738,500
33.7%
952%
2.737,482
6,775,000
40.4%
4,815,084
8,152,647
59.1%
126.1%
3,817,909
7,656,603
49.9%
411,814
1,127,500
36.5%
100.9%
408,310
1,002,989
40.7%
-
243,663
0.0%
0.0%
21,850
21,850
100.0%
551,557
0.0%
N/A
N/A
8,186,827
18,936,803
43.2%
110.2%
7,429,508
16,218,471
45.8%
1,001,492
276,728
361.9%
72.3%
1,385,188
1,605,801
86.3%
5,023.947
4,963,035
101.2%
147.0%
3,418,146
3,418,146
100.0%
$ 6,025,439 $
5,239,763
115.0%
125.4%
$ 4,803,334 $
5,023,947
95.6%
$ 6,025,439
e. o rru r:,.,m u<wnwn ux aeu cnm 17
mvm:a
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
as of December 31, 2022
695 Telecommunications Fund
Intergovernmental
Charges for Services - Rates
Charges for Services - Misc. Service Fees
Interest on Investments
Miscellaneous
Total Revenues and Other Sources
Personnel Services
Materials 8 Services
Capital Outlay
Debt - Transfer to Debt Service Fund
Contingency
Total Expenditures and Other Uses
Excess(Deficiency) of Revenues and Other Sources over
Expenditures and Other Uses
Beginning Fund Balance
Ending Fund Balance
Reconciliation of Fund Balance:
Restricted and Committed Funds
Unassigned Fund Balance
Budget to Actual
Fiscal Year2023
Percent
Actual to Actual
Fiscal Year2022
Fiscal Year 2023 2nd Year of Biennial
Collected I
Year -over -Year
Fiscal Year2022 Year.
End -of -Year
2nd Year Actuals
Budget
Expended
Change
To -Date Actuals
Actuals
Current Fiscal Year
Prior Fiscal Year
$ $
-
NIA
NIA
$ $
_
1,407,612
2,847,836
49.4%
102.0% -
1,380,312
2,780,392
5,100
0.0%
NIA
21,098
12,330
171.1%
441.2%
4,782
10,849
NIA
N/A
456
1,428,710
2,865,266
49.9%
103.1%
1,385,094
2,791,697
392,257
919,425
42.7%
103.7%
378,406
717,620
505,740
1,148,608
44.0%
103.7%
487,734
982,284
13,662
126,250
10.8%
NIA
-
-
258,036
516,073
50.0%
99.5%
259,408
518,816
10,936
0.0%
NIA
1.169,696
2.721,292
43.0%
103.9%
1,125,548
2,218,720
Actual Percent
Collected 1
Expended
N/A
49.6%
N/A
44.1%
0.0%
49.6%
52.7%
49.7%
N/A
50.0%
N/A
50.7%
259,015 143,974 179.9% 99.8% 259,546 572,977 45.3%
2,683,911 2,030,348 132.2% 127.1% 2,110,934 2,110,934 100.0%
$ 2,942,926 $ 2,174,322 135.3% 124.1% $ 2,370,480 $ 2,683,911 88.3%
$ 2,942,926
18
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
as of December 31, 2022
Budget to Actual
Fiscal Year 2023
Percent Actual to Actual
Fiscal Year 2022
Actual Percent
Fiscal Year 2023 2nd Year of Biennial
Collected 1 Year -aver -Year
Fiscal Year 2022 Year End -of -Year
Collected I
2nd Year Actuals Budget
Expended Change
To -Date Actuals Actuals
Expended
Current Fiscal Year
Prior Fiscal Year
720 Insurance Service Fund
Charges for Services - Internal $
946,500 $
1,902,822
Interest on Investments
3.747
950
Miscellaneous
4,301
40.000
Total Revenues and Other Sources
954,548
1,943,772
Materials and Services
1,293,665
1.608,460
Contingency
48,254
Total Expenditures and Other Uses
1,293,665
1,656,714
Excess(Deficiency) of Revenues and Other Sources over
Expenditures and Other Uses
(339,117)
287,058
Beginning Fund Balance
830,810
595,687
Ending Fund Balance $
491,693 $
882,745
Reconciliation of Fund Balance:
Restricted and Committed Funds
491,693
Unassigned Fund Balance
$
49.7%
102.4% $
923,875 $
1,940,742
50.2%
394.5%
1305.2
287
2,305
12.5%
10.8%
222%
19,348
19,348
100.0%
49.1 %
101.2%
943,510
1,862,395
50.7%
80.4%
133.0%
972,399
1,202,789
80.8%
0.0%
NIA
N/A
78.1%
133.0%
972,399
1,202.789
80.8%
-218.1%
1173.8%
(28,890)
659,606
-4.4%
139.5%
485.3%
171,204
171,204
100.0%
55.7%
345.5% $
142,314 $
830,810
17.1%
8. N12 FY2] Fi,urci& Peponwn liz CUEce lino
N94@) 19
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
as of December 31, 2022
Budget to Actual
Fiscal Year2023
Percent
Actual to Actual
Fiscal Year 2022
Actual Percent
Flswl Year 2023 2nd Year of Biennial
Collected I
Year -over -Year
Fiscal Year 2022 Year. End -of -Year
Collected I
2nd Year Actuals Budget
Expended
Change
To -Date Actuals Actuals
Expended
Current Fiscal Year
Prior Fiscal Year
725 Health Benefits Fund
Charges for Services - Internal $
2,708,018 $
5,357,193
Interest on Investments
17,081
10,100
Miscellaneous
Total Revenues and Other Sources
2,725,099
5,367,293
Materials and Services
2.517,823
6,005,585
Contingency
180,168
Total Expenditures and Other Uses
2.517.823
6,185,753
Excess(Deficiency) of Revenues and Other Sources over
Expenditures and Other Uses
207.276
(818,460)
Beginning Fund Balance
1,989,389
1,288,730
Ending Fund Balance $
2,196,665 $
470,270
Reconciliation of Fund Balance:
Restricted and Committed Funds
2,196,665
Unassigned Fund Balance
$
50.5%
95.1% $
2,847,038 $
5,751.958
49.5%
169.1%
579.0%
2,950
7,198
41.0%
NIA
NIA
1,430
3,736
38.3%
60.8%
95.6%
2,851,418
5,762.892
49.5%
41.9%
96.6%
2.607,042
5,236.858
49.8%
0.0%
NIA
NIA
40.7%
96.6%
2,607,042
5,236,858
49.8%
-25.3%
84.8%
244,376
526,034
46.5%
154.4%
135.9%
1,463,355
1,463,355
100.0%
467.1%
128.6% $
1,707,731 $
1,989,389
85.8%
b. N.ID Firercial tkwnuin lm CURS In,
mezov 20
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
as of December 31, 2022
Budget to Actual
Fiscal Year 2023
Percent Actual to Actual
Fiscal Year 2022
Actual Percent
Fiscal Year 2023 2nd Year of Biennial
Collected / Year -over -Year
Fiscal Year 2022 Year. End -of -Year
Collected I
2nd Year Actuals Budget
Expended Change
To -Date Actuals Actuals
Expended
Current Fiscal Year
Prior Fiscal Year
730 Equipment Fund
Intergovernmental $
- $
-
N/A
N/A $
- $
-
NIA
Charges for Services - Internal
2,041,942
4,083,885
50.0%
98.6%
2,071,979
4,143,957
50.0%
Charges for Services - Misc. Service Fees
213,317
230,000
92.7%
136.91/6
155,851
355,912
43.8%
Interest on Investments
52,497
3,000
1749.9%
483.5%
10,857
26,166
41.5%
Miscellaneous
174,004
152,200
114.3%
32983.5%
528
528
99.9%
Total Revenues and Other Sources
2,481,761
4,469,085
55.5%
110.8%
2,239,214
4,526,563
49.5%
PublicWorks- Maintenance
1,187,313
2,177,887
54.5%
107.9%
1,100,420
2,220,055
49.61/6
Public Works - Purchasing and Acquisition
958,018
1,604,400
59.7%
994.6%
96,325
300,241
32.1%
Contingency
65.337
0.0%
N/A
N/A
Total Expenditures and Other Uses
2,145,331
3,847,624
55.8%
179.3%
1,196,745
2,520,296
47.5%
Excess(Defidency) of Revenues and Other Sources over
Expenditures and Other Uses
336,430
621,461
54.1%
32.3%
1,042,469
2,006,267
52.09/6
Beginning Fund Balance
5,874,505
4,212,341
139.5%
151.9%
3,868,238
3,868,238
100.0%
Ending Fund Balance $
6,210,935 $
4,833,802
128.5%
126.5% $
4,910,707 $
5,874,505
83.6%
Reconciliation of Fund Balance:
Restricted and Committed Funds
Unassigned Fund Balance $
6,210,935
6.-F F'n �IVeKo hLie Cupes L'nb
1 n8,)L23 21
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
as of December 31, 2022
Budget to Actual
Fiscal Year 2023
Percent
Actual to Actual
Fiscal Year 2022
Actual Percent
Fiscal Year 2023 2nd Year of Biennial
Collected 1
Year -over -Year
Fiscal Year 2022 Year. End -of -Year
Collected 1
2nd Year Actuals Budget
Expended
Change
To -Date Actuals Actuals
Expended
Current Fiscal Year
Prior Fiscal Year
731 Parks Equipment Fund
Charges for Seances - Internal
$ 50,000 $
100,000
Interest on Investments
3,831
4,000
Miscellaneous
10,000
Total Revenues and Other Sources
53,831
114,000
Capital Outlay
-
100,000
Contingency
60
Total Expenditures and Other Uses
100,060
Excess(Deficiency) of Revenues and Other Sources over
Expenditures and Other Uses
53,831
13,940
Beginning Fund Balance
413,249
463,407
Ending Fund Balance
$ 467,080 $
477,347
Reconciliation of Fund Balance:
Restricted and Committed Funds
-
Unassigned Fund Balance
467,080
50.0%
100.0% $
50,000 $
100,000
50.0%
95.8%
386A%
992
2,080
47.7%
0.0%
NIA
NIA
47.2%
105.6%
50,992
102,080
50.0%
0.0%
0.01/6
86,424
90,155
95.9%
0.0%
N/A
0.0%
N/A
86,424
90,155
95.9%
386.2%
•151.9%
(35,432)
11,925
-297.1%
89.2%
103.0%
401,324
401,324
100.0%
97.8%
127.7% 5
365,892 $
413,249
88.5%
B.Dx]]F F� R]po�Iha giEn tiny
nvmx] 22
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
as of December 31. 2022
Budget to Actual
Fiscal Year2023
Percent
Actual to Actual
Fiscal Year 2022
Actual Percent
Fiscal Year 2023 2nd Year of Blennial
Collected I
Year -over -Year
Fiscal Year 2022 Year. End -of -Year
Collected I
2nd Year Actuals Budget
Expended
Change
To -Date Actuals Actuals
Expended
Current Fiscal Year
Prior Fiscal Year
810 Cemetery Fund
Charges for Services
$ 6,057 $
19,500
31.1%
Interest on Investments
8,137
8,200
99.2%
Transfer In (General Fund)
500
500
100.0%
Total Revenues and Other Sources
14,694
28,200
52.1%
Transfers
8,137
65,000
12.5%
Total Expenditures and Other Uses
8,137
65,000
12.5%
Excess(De6dency) of Revenues and Other Sources over
Expenditures and Other Uses
6,557
(36,800)
117.8%
Beginning Fund Balance
930,895
872,127
106.7%
Ending Fund Balance
$ 937,452 $
835,327
112.2%
Reconciliation of Fund Balance:
Restricted and Committed Funds
Unassigned Fund Balance
937,452
164.5% $
3,682 $
12,896
28.6%
353.5%
2,302
4,879
47.2%
100.0%
500
500
100.0%
226.6%
6,484
18,275
35.5%
353.5%
2,302
4,879
47.2%
353.5%
2,302
4,879
47.2%
156.8%
4,182
13,396
31.2%
101.5%
917,499
917,499
100.0%
101.7% $
921.681 $
930,895
99.0%
s. 4M: rrz� r,rez,ai awn wn �M c,a> i��vs
viawza 23
City of Ashland
Schedule of Budgetary Compliance Per Resolution 2021-05
& amended by Resolution(s) # 2022-01, 2022-02, 2022-03, 2022-07, 2022-10, 2022-17, 2022-17A, 2022-12,
2022-25, 2022-28, 2022-34
as of December 31, 2022
(75% of Biennium)
Biennial to Date
Biennial Budget
Actual (18 Months)
2021-2023
Percent Used
Balance
General Fund
Administration Department
$ 3,939,381
$ 6,459,553
61.0% $
2,520,173
Information Technology Department
1,647,167
2,970,265
55.5%
1,323,099
Finance Department
3,838,726
5,562,098
69.0 %
1,723,372
City Recorder
302,582
387,575
78.1%
84,992
Police Department
10,651,301
15,746,395
67.6%
5,095,094
Fire and Rescue Department
15,008,908
22,390,327
67.0%
7,381,419
Pubic Works Department
4,334,685
8,169,438
53.1%
3,834,753
Community Development Department
2,940,543
4,411,536
66.7%
1,470,993
Transfers
11,617,900
13,591,410
85.5%
1,973,510
Contingency
905,586
0.0%
905,586
Total General Fund
54,281,193
80,594,183
67.4%
26,312,990
Parks and Recreation General Fund
Parks Division incl. Forestry
7,413,026
10,182,515
72.8%
2,769,489
Recreation Division
1,622,014
2,458,097
66.0%
836,084
Golf Division
789,387
1,159,650
68.1%
370,263
Senior Services Division
531,879
768,319
69.2%
236,439
Transfers
300,000
300,000
100.0%
-
Contingency
-
448,990
0.0%
448,990
Total Parks and Recreation Fund
10,656,306
15,317,571
69.6%
685,429
Tourism Fund
Administration Department - Personnel Services
23,988
80,000
30.0%
56,012
Administration Department - Material and Services
333,161
629,663
52.9%
296,502
Contingency
165,811
0.0%
165,811
Total Housing Trust Fund
357,149
875,474
40.8%
518,325
Housing Fund
Community Development Department - Material and Services
298,103
450,079
66.2%
151,976
Community Development Department - Capital
93,427
100,000
93.4%
6,573
Total Housing Trust Fund
391,530
550,079
71.2%
158,549
Community Development Block Grant Fund
Community Development Department - Personnel Services
62,475
71,804
87.0%
9,329
Community Development Department - Materials and Services
611,832
498.106
122.8%
(113,726)
Total Community Development Grant Fund
674,307
569,910
118.3%
(104,397)
Street Fund
Public Works Department - Operations
6,620,443
15,584,026
42.5%
8,963,583
Pubic Works Department - Debt
155,494
163.526
95.1 %
8,032
Pubic Works Department - Transportation SDC's
2,364
568,037
0.4%
565,673
Contingency
294,896
0.0%
294,896
Total Street Fund
6,778,301
16,610,485
40.8%
860,569
Airport Fund
Public Works Department - Material and Services
130,761
183,398
71.3%
52,637
Public Works Department - Capital Outlay
379,208
3,001,000
12.6%
2,621,792
Contingency
-
5,502
0.0%
5,502
Total Airport Fund
509,969
3,189,900
16.0%
2,627,294
6. Dec22 FY23 Financial Report vnh Live Cubes Links
v16no23 24
Schedule of Budgetary Compliance Per Resolution 2021-05
& amended by Resolution(s) # 2022-01, 2022-02, 2022-03, 2022-07, 2022-10, 2022-17, 2022-17A, 2022-129
2022-25, 2022-28, 2022-34
as of December 31, 2022
(75 % of Biennium)
Capital Improvements Fund
Public Works Department - Capital Outlay
Transfers
Contingency
Total Capital Improvements Fund
Parks Capital Improvement Fund
Parks Department - Materials and Services
Parks Department- Capital Outlay
Transfers
Total Parks Capital Improvement Fund
Debt Service Fund
Debt Service
Total Debt Service Fund
Water Fund
Public Works Department - Conservation
Public Works Department - Water Operations
Public Works Department - Water Debt
Public Works Department - Water SDC's
Public Works Department - Water SDC's Debt
Transfer
Contingency
Total Water Fund
Wastewater Fund
Public Works Department - Wastewater Operations
Public Works Department - Wastewater Debt
Public Works Department - Wastewater SDC's
Contingency
Total Wastewater Fund
Stormwater Fund
Pubic Works Department - Storm Water Operations
Public Works Department - Storm Water Debt
Public Works Department - Storm Water SDC's
Contingency
Total Stormwater Fund
Electric Fund
Administration Department- Conservation
Electric Department - Operations
Electric Department - Debt Service
Contingency
Total Electric Fund
Biennial to Date Biennial Budget
Actual(18 Months) 2021-2023 Percent Used Balance
12,470 1,179,249
220,000 220,000
232,470 1,399,249
1.1% 1,166,779
100.0 % -
N/A -
16.6% 1,166,779
-
404,000
0.0%
404,000
1,424,605
9,835,500
14.5%
8,410,895
427,768
862,768
49.6%
435,000
1,852,373
11,102,268
16.7%
9,249,895
3,107,610
3,531,971
88.0%
424,361
3,107,610
3,531,971
88.0%
424,361
191,077
568.430
33.6%
377,352
9,853,274
40,935,829
24.1 %
31,082,556
927.493
1,123,032
82.6%
195,539
162,673
3,195,848
5.1%
3,033,175
346,168
427,806
80.9%
81,638
100,000
100,000
100.0 %
-
464,844
0.0%
464,844
11,580,684
46,815,789
24.7/
464,844
10,529,206
19,569,418
53.8%
9,040,212
278,769
351,048
79.4%
72,279
220,749
3,417,100
6.5%
3,196,351
-
367,388
0.0%
367,388
11,028,725
23,704,954
46.5%
12,676,229
1,046,825
2,407,654
43.5%
1,360,829
22,275
23,300
95.6%
1,025
12,120
607,712
2.0%
595,592
-
74,203
0.0%
74,203
1,081,220
3,112,869
34.7%
2,031,649
1,114,812
2,442,599
45.6%
1,327,787
23,268,635
34,702,938
67.1%
11,434,303
21,850
487,326
4.5%
465,476
-
1,128,985
0.0%
1,128,985
24,405,298
38,761,848
63.0%
14.356,551
6. Dec22 FY23 Financial Report win Live Cubes Links 25
1/18/2023
Schedule of Budgetary Compliance Per Resolution 2021-05
& amended by Resolution(s) # 2022-01, 2022-02, 2022-03, 2022-07, 2022-10, 2022-17, 2022-17A, 2022-12,
2022-25, 2022-28, 2022-34
as of December 31, 2022
(75% of Biennium)
Telecommunications Fund
Information Technology Department - Personnel Services
Information Technology Department - Materials and Services
Information Technology Department - Capital Outlay
Contingency
Total - Telecommunications Fund
Insurance Services Fund
Non -Departmental - Material and Services
Contingency
Total Insurance Services Fund
Health Benefits Reserve Fund
Non -Departmental - Material and Services
Contingency
Total Health Benefits Reserve Fund
Equipment Fund
Public Works Department- Maintenance
Public Works Department - Purchasing and Acquisition
Contingency
Total Equipment Fund
Parks Equipment Fund
Parks Department- Capital Outlay
Contingency
Total Parks Equipment Fund
Cemetery Trust Fund
Transfers
Total Cemetery Trust Fund
Total Appropriations
Biennial to Date Biennial Budget
Actual (18 Months) 2021-2023 Percent Used Balance
1,109,877
1,831,694
60.6%
721,816
2,264,876
3,329,605
68.0%
1,064,729
13,662
188,750
7.2 %
175,088
-
85,332
0.0%
85,332
3,388,415
5,435,381
62.3%
2,046,965
2,496,454
3,085,770
80.9%
589,316
-
92,573
0.0%
92,573
2,496,454
3,178,343
78.5%
681,889
7,754,681
11,685,180
66.4%
3,930,499
350.556
0.0%
350,556
7,754,681
12,035,736
64.4%
4,281,055
3,407,367
4,330,663
78.7%
923,296
1,258,260
3,208,800
39.2%
1,950,540
-
129,920
0.0%
129,920
4,665,627
7,669,383
60.8%
3,003,756
90,155
150,000
60.1 %
59,845
120
0.0%
120
90,155
150,120
60.1 %
59,965
13,016
130,000
10.0 %
116,984
13,016
130,000
10.0%
116,984
274,735,512
52.9% $
$ 145.345,484 $
129,390,028
6. Dec22 FY23 Financial Report win Live Cubes Links
1/18/2023 26
City of Ashland
Results of Operations
as of Deramter 31, 20L
110
211
230
240
250
255
260
290
410
411
530
670
675
9B0
690
695
720
725
730
731
810
General
Packs General
Tourism
Housing
CDBG
Reserve
shalt
Airport
CIP
Profs CYP
DeM SWA.
Water
Wastewater
51— Dreen
Dectric
IT
15 F
He F
Eaiptwrt
Parke Equip
Clem Trust
Total
Carryover
13.565,789
3,157,338
-
280.661
36.617
1,754,761
5.535.930
298,171
1,208,241
1,978,493
1,009,801
14,299291
8,336,T33
1.867,493
5,023.947
2,683,911
930,810
1,989,389
5,874,595
413,249
930.895
71.076.034
Revenues
23,794990
2.120,305
1,03.367
2265
159.392
15.365
2.2D6,740
112,446
129,425
1,054,970
1.120,495
5.400,021
3,548,542
417,163
9.188.319
1.428,710
954.548
2.725.D99
2.401.761
53.931
14,694
58254,366
EsMncttues
17,215,111
3.400.451
357.149
7.130
172271
2388,496
89.365
12$470
688,417
1,341,162
4.392,632
4,694,800
334,9T2
8.186.927
1,169,696
1,293,655
2,517,923
2.145.331
8.137
50,525.903
Ending Fund Balance
20,135,668
1,BT7,192
668.218
275,796
23,T39
1770,126
5,356.182
321.252
1215,197
2,345,046
797,134
15,3DB,6ac
7,490,674
1.949,604
6.025.439
2.942,926
491,693
2,196,665
6,210,935
467,080
937.452
78,904,497
Unassigned
18,862,306
1,BT7,192
-
-
-
-
-
-
-
-
-
14,144,492
5.262,101
1.998,89D
6025,439
2.942,926
-
-
-
-
51.113136
Fund Balance Requirement
7,310,826
1,385,064
No Poky
W Polity
W Poky
W Poky
388.885
59,018
W Policy
W Policy
W Policy
4,290,031
2,675.53
244.445
4.218,671
4B2,346
659,329
562,647
2,437,313
32,278
W Poky
24.756,1T9
Over(Under) Raquirament
11.551,650
492,128
WA
WA
WA
WA
2.144.540
262.234
WA
WA
WA
9,054.451
2,5Bs575
1,754,245
1.806,768
2.460,580
(1 T7,636)
1.634,018
3,773,822
434,802
WA
Oyer (Under) Requirement
150%
36%
WA
WA
WA
WA
551%
444%
WA
WA
WA
230%
97%
718%
43%
510%
47%
290%
155%
1347%
WA
All numbers
below are as of June
30, 2022
Raetrlclad For:
Asset Forlelled
35.699
-
-
-
-
35,699
TILT Tout.
87,461
-
-
-
-
-
-
-
-
-
-
87.461
Food B Bever4rye
-
-
-
library
-
-
-
-
SDC's
-
-
-
-
-
2,822,757
-
284,678
-
-
1,162.197
2,M,374
(49,065)
-
-
-
-
-
-
6,449.122
SOC's (Storm Drain)
Unrestricted Receivable
CommSMd For:
--
Downtown Parking
370,085
- - - - - - - -
- 370,085
Public Art
57842
- - - - - - - - -
- 57,042
Future Parking
700,840
- - - - - -
- 7M.840
Gruobs Case
22,235
- - - - - - - - -
- 22.235
Open Space
Future Capital Projects
-
- - - - - - - -
.
All numbers below are as of December 31, 2022
Restricted For:
TILT Touism
- 668.218 - -
6613218
CDBG
-
- 275.796 23.739 - - - - - - -
- 299,5M
Perpetual Care
-
- - - - - - - - - -
- - 937,452 932,452
New Corelnrtlicn
-
- - 717,152 2,345,048 - - -
- - 3,061,198
open Space
-
-
Camm8led For:
Reserve Fund
-
- - - - 1,770.126 - -
- 1,770,126
Aapon Activities
-
- - - - - - 321.252 - - - - -
321252
Street Aclnites
-
- - - - - 2,533.425 - - - - - - -
- 2,533,425
F-Bites Activities
-
- - - - - - - 213,166 - - - -
- - - 213,166
DebtlEOM Co+enants
-
- - - - - - -
-
DebtService
-
- - 797.134 -
- 797.134
Claims and Judgement
- - - -
- 491,693 - - - 491,693
Health Benefit Futl
-
-
- - 2,196,665 - - 2,196.665
VMicle Replacement
-
- - - - - - -
- - - 6210835 467,080 - 6,678,014
Future PERS costs
-
-
Financial Sollwars
Total Reserved
1.273,362
668.218 275.796 23,739 1 77 ,128 5,356,182 1,252 1,215,196 2,345,1346 797,1341.162,197 2.228,374 ( )
- 491.693 2,196,665 0.210,9M 467,080 937.452 27,691.362
6. Dec22 FY23 Financial Report wih Live Cubes Links
1119/2023 27
Receiving Fund 1
Revenue Item Share
Food & Beverage Tax General Fund 2%
Street Fund 73%
Parks Cap. Impr. 25%
Wastewater 55%
Central Svs 2 %
Total F&B Tax
Transient Lodging Tax General 100%
Electric User Tax General 100%
Ambulance General 100%
Court Fees & Fines General 100%
Parking Fees General Fund
Capital Fund
Total Parking Fees
Franchises General Fund
Street Fund
Total Franchises
SDC's Streets
Capital Ini Parks
Water
Wastewater
Storm Drain
Total SDC's
Planning
Permits and Fees General 100%
Charges for Services General 100°/
Total Planning
Building
Permits and Fees General 100%
Charges for Services General 100%
Total Building
Charges for Services (Sales)
(Excludes SDC's) Electric
Water
Wastewater
Stormwater
Telecommunication
Total Sales
Interest All Funds
Property Tax
(Current Taxes) General
Debt Svcs
Total Taxes
Totals
City of Ashland
Revenue Summary as of December 31, 2022
Current Year
2022-2023
1st Year Budget
Month
YTD
Amounts
%YTD
2,829
18,940
238,645
8%
NIA
138,613
928,063
NIA
NIA
NIA
141,442
947,003
238,645
397%
544,646
1,692,121
32 %
361,426
1,829,053
4,225,222
43%
229,200
1,007,106
1,505,000
67%
9,700
56,703
335,500
17%
9,515
54,686
400,000
14%
2,765
26,139
60,000
44%
12,280
80,825
460,000
18%
346,698
1,594,027
2,700.596
59%
82,677
376,082
55,000
684%
429,375
1,970,108
2,755,596
71%
6,747
94,201
150,000
63%
1,570
13,181
70,000
19%
5,488
92,676
150,000
62%
7,685
65,830
150,000
44%
723
9,165
35,000
26%
22,213
275,053
555,000
50%
42,271
255,542
509,500
50%
1.194
14,951
40,000
37%
43,465
270,493
549,500
49%
57,054
310,295
614.500
50%
402
2,736
6,500
42%
57,456
313,030
621,000
50%
1,622,696
8,527,984
18,408,531
46%
552,652
5,168,416
8,840,000
58%
536,079
3,242,375
6,040,000
54%
67,856
392,085
769,600
51%
243,338
1,407,612
2,847,836
49%
3,022,621
18,738,471
36,905,967
51%
141,736
578,413
343,480
168%
111,525
11,811,339
12,307,258
96%
1,807
191,354
199,388
96%
113,332
12,002,692
12,506,646
96%
S 4,584,246 S
38,613,596
S 62,693,677
62 %
Prior Year
2021-2022
YTO
EOFY
14,850
54,971
542,008
2,006,445
185,619
687,139
742,477
2,748,555
898,520
1,868,282
1,829,683
3,720,652
900,328
2,227,875
71,907
121,294
41,732
93,637
14,434
41,604
56,166
135,241
1,813,410
3,826,950
15,125
59,358
1,828,535
3,886,309
79,827
165,625
16,493
39,779
104,282
204,411
64,901
91,772
8,320
33,287
273,823
534,874
205,770
628,498
14,839
30,088
220,609
658,586
320,833
910,785
2,187
4,502
323,020
915,287
8,564,437
17,375,916
5,159,619
8,399,651
3,211,579
6,301,095
394,681
793,847
1,380,312
2,780,392
18,710,628
35,650,901
133,294
310,030
11,588, 315
12,520,934
198,720
213,734
11,787,035
12, 734, 669
$ 37,776,025
$ 65,512,553
Current
Prior
127.5 %
0.0%
500.0%
NIA
NIA
127.5 %
60.6 %
100.0 %
111.9 %
78.9%
131.0 %
181.1 %
143.9 %
87.9%
2486.4%
107.7 %
118.0 %
79.9 %
88.9 %
101.4 %
110.1 %
100.4 %
124.2 %
96.7 %
125.1 %
96.9 %
99.6 %
100.2 %
101.0 %
99.3 %
102.0 %
100.1 %
433.9 %
101.9 %
96.3 %
101.8%
102.2 %
6.O Q2 M3 F'ina WR...Iw Live Cuba Lmk,
IIIM023 28
City of Ashland
Summary of Cash and Investments
as of December 31, 2022
Balance Balance Change From
Fund December 31, 2022 December 31, 2021 FY 2022
General Fund
Parks General Fund
Tourism Fund
Housing Fund
Community Block Grant Fund
Reserve Fund
Street Fund
Airport Fund
Capital Improvements Fund
Parks Capital Improvements Fund
Debt Service Fund
Water Fund
Wastewater Fund
Storm Drain Fund
Electric Fund
Telecommunications Fund
Insurance Services Fund
Health Benefits Reserve Fund
Equipment Fund
Parks Equipment Fund
Cemetery Trust Fund
Total Cash Distribution
Manner of Investment
General Banking Accounts
Local Government Inv. Pool
City Investments
Total Cash and Investments
$ 19,237,537 $
17,320,682 $
1,916,855
1,989,296
2,222,628
(233,332)
671,258
-
671,258
275,797
220,133
55,663
15,123
14,157
966
1,770,124
39,648
1,730,475
5,047,975
4,133,979
913,996
282,730
192,684
90,046
1,196,695
972,717
223,978
2,367,451
1,261,313
1,106,138
796,803
789,297
7,505
13,578,581
12,584,677
993,903
6,659,725
7,347,209
(687,485)
1,834,653
1,673,212
161,441
5,435,090
3,312,047
2,123,043
2,503,722
2,007,613
496,108
697,317
351,493
345,824
2,196,883
1,707,729
489,154
6,279, 334
4,945,381
1,333,952
467,080
365,893
101,187
935,138
920,309
14,829
$ 74,238,311 $
62,382,804 $
11,855,507
$ 74,238,311 $
62,382,804 $
11,855,507
$ 2,053,276
55,072,568
17,112,467
$ 74,238,311
6. Dec22 FY23 Financial Report wih Live Cubes Links 29
1/18/2023
10,653,365 $ (8,600,088)
51,729,439 3,343,129
- 17,112,467
62,382,804 $ 11,855,507
Administration Department
GENERALFUND
Mayor B Council
Personnel Services
Malenals and Services
GENERALFUND
Administration
Persc ove Services
Materials and SeMces
GENERALFUND
Legal
Personnel Services
Materials and Services
GENERAL FUND
Human Resources
Personnel Services
Materials and Services
GENERAL FUND
Public Art
Matenals and S-s
GENERAL FUND
RVFV
Materials and Services
GENERAL FUND
Tourism
Materiels and Ser-
GENERAL FUND
Parking
Materials and Services
GENERAL FUND
Economic Development
Personnel Services
Materials and Services
Totals for General Fund Admin
Personnel Services
Materials and Services
GENERAL FUND Municipal Court
Personnel Services
Materials and Services
TOURISM FUND Tourism Fund
Personnel Services
Materials and Services
ELECTRIC FUND Electric Conservation
Personnel SeMces
Materials and Services
Debt Service
HEALTH BENEFITS SERVICE FUND Health Benefits Fund
Materials and Services
Tubb
Personnel Services
Materials and Services
Debt Service
Total for
Administration
Department
City of Ashland
Departmental Expense Report
as of December 31, 2022
(75% of Biennium)
Year-TO-0a1t. Year
Expenditures Budget
Percent
Expended
Year -To -Date Year
Ex enchu n, (Net Budget)
Percent
Expended
Biennium
Ez endltuma
Biennium
Budget
Percent
Expended
$ 150,920
$ 152,916
98.6%
73,229
147.510
49.6%
S
224.D49
6 298,330
75.1%
49,191
59,978
82.0%
39,398
80.05
48.7%
88,589
130,126
68.1%
200,011
212,894
93.9%
112,627
228,445
49.3%
312.636
428,456
73.0%
440,858
620,564
71.0%
287,037
666,380
43.1%
727,095
1,107,237
65.7%
80010
131.664.00
60.8%
31993
156,973
20.4%
112003
236,983
47.3%
520,868
752228
69.2%
319.030
823,353
38.7%
839,898
1,344220
62.5%
289.440
431.873
67.0%
41.954
570T630
72%
331,394
869,070
36.1%
87549
92,501
94.6%
87211
97453
89.5%
174760
185,002
94.5%
375,989
524.374
71.9%
129.165
677083
19.1%
506,154
1,054,072
48.0eA
282,579
378,091
74.7%
82,424
478115
172%
365,003
760,694
48.0%
155240
140,046
110A%
80,767
135,480
59.6%
236007
290,720
812%
437,819
518,137
84.5%
163,191
613,596
26.6%
601,010
1,051,414
572%
31415
25.000
125.7%
865
18,585
4.7%
32280
50,000
64.6%
31,415
25,0D0
125.7%
.1
18,585
4.7%
32,280
50,000
64.8%
72759
73,305
99.3%
19390
76,050
25.5%
92149
148,809
61.9%
72.759
73,305
99.3%
19,390
76.050
25.5%
92,149
148,809
61.9%
6210
30,000
20.7%
3358
53.790
62%
9568
60,000
15.9%
6,210
30,000
20.7%
3,a58
53.790
62%
9.568
60,D00
15.9%
175929
200,000
88.0%
73,830
224,071
32.9%
249,759
400,000
62.4%
175,929
200,000
88.0%
73,830
224,071
32.9%
249,759
400,000
62.4%
-
NIA
-
WA
-
WA
6211441
685,143
91.7%
32458
137182
23.7%
660,899
765,623
86.3%
628,441
685,143
91.7%
32,458
137,182
23.7%
660,899
765,623
863%
1,163,697
1,583,444
735%
484,644
1,871,634
25.9%
1,648,341
3,C38331
54.3%
1206743
1,437,637
895%
369271
980,520
37.7%
1656014
2,267263
73.0%
2.450,440
3,021,081
81.1%
853,915
2,952.154
29.9%
3,304,355
5,302,594
628%
403,596
548,566
73.6%
192,900
694,850
26.3%
586,496
1,098,446
53.4%
34986
14,437
2423%
13544
23,527
57.6%
48530
58,513
82.9%
438,582
563,003
77.9%
196,444
718,377
27.3%
635,026
1,150,959
54.9%
-
-
23,988
801000
30.0%
23.988
90,DD0
30.0%
333161
629,663
52.9%
333,161
629,663
52.9%
-
357:149
709,663
50.3%
357,149
709,663
50.3%
317,457
446,371
71.1%
149,438
578,558
25.8%
466,896
096,015
52.1%
444571
873292
50.9%
203,345
1,102,013
18.5%
647,917
1,546,584
41.9%
21,850
21351
100.0%
211952
0.0%
21,850
43.702
50.0%
783,879
1,341,514
58.4%
352,794
1.702,422
20.7%
1,136,662
2,486,301
45.7%
5236858
5,679.595
922%
2517923
6,448.322
39.0%
7754681
11,685,180
66.4%
5,236,89
5,679,595
922%
2,517,923
6,448,322
39.0%
7,754,681
11,685,180
66.4%
1,884,750
2.578,381
73.1%
840,971
3,M,042
26.1%
2,725,721
5,109,792
533%
7,003,159
8.004,961
975%
3,437,143
9,194,044
37.4%
10,440,302
16,187203
645%
21850
21,851
100,11%
21,852
0.0%
21850
43,702
50.0%
S S,S00.756
It 10,605,193
84.0°A
S /.2]8,114
S 12,430,93$
34.4X
S
13,187,573
f 21,340,697
61.1
6. Dec22 FY23 Financial Report wilt Live Cubes Links
1118023 30
GENERAL FUND
TELECOMMUNICATION FUND
Information Technology Dep
IT - Information Systems
PawmW Services
Materials and Semces
Capital Outlay
1T-Telecommunications
Pers r. Services
Materials and Serdces
MBS-Debl SeMce
Capital Outlay
Totals
Personrol Services
Materials aM SerN-a
Capital Outlay
Total Information
Technology
City of Ashland
Departmental Expense Report
as of December 31, 2022
(75 % of Biennium)
Year -To -Date
Year
Budget
Parcent
Expended
Year -To -Date
Expenditures (Net
Year
Budget)
Pemerd
nded
Blenniu
Expenditures
Blennium
Budget
PotentExpenditures
Expended
irtment
$ 631,226
$ 988,336
63.9%
366,888
1,230.639
29.0%
S
998,114
S 1,861,865
53.6%
452,145
401.575
93.9%
196,908
511,005
38.5%
649,052
963,150
67.4%
20,000
0.0%
40.000
0.0%
40,000
0.0%
1.083,371
1,489,911
72.7%
563,796
1,781,644
31.6%
1,647,167
2.865,D15
573%
717,620
912,269
78.7%
392,267 S
1,114,074
35.2%
1,109,877
1,931,694
60.6%
982,284
1,146,108
85.7%
505,740
1,312.432
38.5%
1,488,024
2,294,716
64.8%
518,816
518,816
100.0%
253036
516,073
50.0%
776 '
1,034,889
75.1%
62,500
0.0%
13662
125,000
10.9%
13682
125,000
1o.9%
2,218,720
2,639,693
84.1%
1,169,696
3,067,579
38.1%
3,388,415
5,286,299
64.1%
1.348,846
1,900,605
71.0%
759,146
2,344,713
32.4%
2,107.991
3,693,559
57.1%
1.953244
2,146,499
91.0%
960,684
2,339511
41.1%
2.913,929
4,292,755
67.9%
82,500
0.0%
13,662
155:000
8.3%
19662
165,000
8.3%
$ 3,302,090
S 4,129,601
80.0%
S 1,777,192 S
4,849,223
35.7%
S
5,035,582
S 8,151,314
MK
6. Dec22 FY23 Financial Report wih Live Cubes Links
1/1812023 31
Finance -Finance(nonopen
GENERALFUND
Band
Personnel Services
Materials and Services
CAPITAL IMPROVEMENTS FUND
SDC Parks
Materials and Services
Capital Outlay
CAPITAL IMPROVEMENTS FUND
Open Space -Parks
Materials 8 Services
Debt Service
capital outlay
DEBT SERVICE FUND
General Obligation
Materials and Services
Debt Service
INSURANCE SERVICE FUND Imummee Services
Personnel services
Materials and services
Capital Outlay
Total.
Personnel Services
Materials and Services
Capital Outlay
Debt Service
Total Finance (ngn.
operating,
Finance -Finance (operating
GENERAL FUND Customer Information Services
Personnel Services
Matenals and Services
Capital Outlay
GENERAL FUND Accounting
Personnel Services
Materials and Services
Capital Outlay
GENERAL FUND Administration
Personnel Services
Materials and Services
Total.
Personnel Services
Materials and Services
Capital Outlay
Department
(operating)
City of Ashland
Departmental Expense Report
as of December 31, 2022
(75 % of Biennium)
Yeaw :te Year1
!s ndXuma Budget
Percent
Expended
Yur-To-Data
6 and8urce
Year
(Net Blodgett
Percent
Expanded
Rarmium
Fx andXures
Biennium
Budget
Percent
Expended
sting)
$ 3,823 $
3,895
982%
1,914
$ 4,045
47.3%
S
5,737
$ 7,968
72.9°1.
29A15
54,B76
52.9%
301091
801737
37.3%
59,106
109,752
53.9%
32,838
58.771
55.9%
32,005
84,783
37.7%
64,842
117,620
55.1%
-
-
NIA
-
N/A
-
WA
NIA
N/A
WA
-
-
NIA
-
-
N/A
-
-
WA
-
NIA
-
NIA
-
-
WA
•
-
WA
-
-
NIA
-
-
WA
WA
NIA
WA
•
-
WA
-
-
NIA
-
WA
•
-
NIA
-
NIA
-
-
WA
1,766.448
1.765,520
1001
1,341,162
1,765,523
76.0%
3,107,610
3.531,971
B81D%
1,766,448
1,765,520
100.1%
1,341,162
1,765,523
76.0%
3,107,610
3,531,971
B8A%
-
-
WA
-
-
N/A
-
-
WA
1,202,789
1,4T7,3/0
81.4%
1,293,665
1,882.981
68.7%
2,496,454
3,085,770
80.9%
WA
NIA
WA
1,202,789
1,477,310
81A%
1,293,665
1,B82,981
68.7%
2.496,454
3,085,770
80.9%
3,823
3,895
982%
1,914
4.045
47.3%
5,736.69
7,868.13
72.9-4
1,231,RD4
1,632,186
80.4%
1,323,756
1,963,718
67.4%
2,S55,560
3,195,522
80.0%
-
-
N/A
84.793
0.0%
-
-
WA
1,76B,448
1,765,52D
100.1%
1,341.162
1,765,S23
76.0%
3,107,610
3,531,971
88.0%
S 3002075 $ 3,301,601
)
90.9%
S 21166 31
S 3,818,069
69.6%
S
S,6fi8,906
S 6,735,361
94.2%
S 397,179 S
520,040
76.4%
238,026
644,832
36.9%
S
635,205
$ 1,042,011
61.0%
193,810
182,585
106.1%
100,737
173,169
58.2%
294,547
366,979
80.3%
WA
NIA
WA
590,889
702,626
84.1%
338,763
818,001
41.4%
929,752
1,408,990
66.0%
707,082
767,540
92.1%
363,062
833.474
43.6%
1,070,144
1,540,555
69.5%
201,990
216.733
93.2%
179,375
238.641
752%
361,366
440,631
86.5%
(75,000)
0.0%
NIA
WA
111
909,273
100.0%
542,437
1,072,114
50.6%
1,451,5119
1,981,186
733%
514,277
553,499
92.9%
84,308
658,570
12A%
598,585
1,172,S47
51.0-A
491,046
4379627
1122%
3021991
390,408
77.6%
794,037
881,454
90.1%
1.005,323
991,126
101.4%
387,300
1,D48,978
36.9%
1,392,622
2,054,301
67.8%
1,618,538
1,841,079
87.9%
685,396
2.136.876
32.1%
2,303,934
3,755,413
613%
81111
836,945
106.0%
583,104
802,218
72.7%
1,469,950
1.689,064
87.0%
(75,0001
0.0%
NIA
WA
$ 2,505,393 $
2,603,024
96.2%
S 1,268,500
S 2,939,094
432%
$
3,773,664
S SM"77
110]%
6. Dec22 FY23 Financial Report v/ih Live Cubes Links
1118023 32
City of Ashland
Departmental Expense Report
as of December 31, 2022
(75 % of Biennium)
Y—T".te Vaert P—t
Y—Tc O.w Year2 Percent
Biennium Biennium Portent
Ex nd8uma Budget
Expended
Ex ndkum (Net Sudge(I
Epen&d
Ex enditums
Budget
nded
GENERAL FUND City Recorder
Personnel Services
$ 153,214 152,430
100.5%
78.940 5 153.329
51.5%
s 232,154
$ 306,644
75.7.4
Matenals and Sendces
45113 59.962
75.2-4
25,315 35.918
70.5%
70,428
81,031
86.9-4
Total City Recorder
S 198320 0 212.392
93.4%
0 1040 189,247
56.1%
1,302582
3 387.575
79.1%
6. Dec22 FY23 Financial Report wih Live Cubes Links
1n8C1023 33
Police Department
GENERAL FUND Admtntalration
Personnel Services
Materals and SerAces
Capital Outlay
GENERALFUND Support
Personnel Semces
Materials and Services
Capital Outlay
GENERAL FUND operadgns
Personnel Services
Materals and Services
Tgtal
P—nnd Services
Materials and Services
Capital Outlay
Total Police Department
City of Ashland
Departmental Expense Report
as of December 31, 2022
(75% of Biennium)
YWTg-0ate
Ext,anditures
Year1
Budget
Percent
Expended
Y—To-0ate
Expenditures (Net
186.625 $
Year
Budget)
160,487
Pent
E nded
116.3%
Biennium
Expenditure.
S 540.696
Biennium
Budget
$ 514,559
N-1
Expedad
105.1%
$ 354,072 S 155,303 228.0%
687,667
756,619
90.9%
621,101
841,626
61.9%
1,208,768
1,529,293
79.0.4
NIA
WA
WA
1,041.739
911,822
1142%
707.725
1,002,113
70.6%
1.749.465
2.043.852
85.6%
1 777,267
1,417,979
83.0%
422,258
1,632,118
25.9%
1,599,524
2.809,394
56.9%
401,394
447.999
$9.6%
202,914
494,614
41.0%
604298
WAS
67.4%
7,350
N/A
WA
7,J50
NIA
1,596,000
1,865,978
85.0%
625,172
2,126.732
29.4%
2,203,822
3.705,382
59.6%
3.717.372
4,204.573
88,1%
1,893.999
4,731,770
40.0%
5,611,371
8.449,142
66A%
733660
817,026
89A%
345634
612,359
42.5%
1 .079293
1,546,019
69.8%
4,451,031
5.021,599
88.6%
2239,611
5,544,130
40.4%
6,690,664
9,985,161
66.9-4
5,248,710
5,777,855
90.8%
2,502,882
6,524,375
35.4%
7,751,592
11,773,085
65.8%
1,822,711
2.021,544
90.2%
1,069,649
2,148,599
49.8%
2,892,360
3,971,310
729%
7,360
WA
NIA
7,350
WA
S 7,078.771
6 7,799,399
50.9%
$ 3.572,530 3
8,672,974
412%
S 16,651,301
It 15,744,396
67.7%
6. Dec22 FY23 Financial Report 14dh Live Cubes Links
1/18/2023 34
Fire Department
GENERAL FUND
Administration
Personnel Sconces
Matenals and Services
Cepul outlay
GENERAL FUND
Operations
Personnelse-
Matenals and Semites
Capital Outlay
GENERAL FUND
Forest Interface
Personnel Services
Materials and Servkes
GENERALFUND
Film a I.M. Willy DNlelon
Personnel Services
Matenals and Services
Total
Personnel Services
Matenals and Services
Capital outlay
Total Fire Department
City of Ashland
Departmental Expense Report
as of December 31, 2022
(75 % of Biennium)
Y-To-Date
E.lainnditunis
Yea,I
Budget
PaRent
Expended
YeanTo-Date Year
Expenditures (Net Budget)
Percent
Eiipinnded
Biennium
Ea enditurae
Biennium
Budget
Percent
Expended
$ 588,126
$ 138,193
425.6%
312,196
$ (87,586)
356.4%
S 900,322 S
500,540
179&4
79.219
101,714
T7.9%
35,476
124,893
28.4%
114,695
204,102
562%
WA
NIA
WA
667,345
239,907
278.2%
347,672
37,297
9821%
1,015,017
704,642
144.0%
5,478,116
5,929.359
92.4%
2,919,192
6,285,947
46.4%
8.397,309
11,764,063
71.4%
2,178,095
2,236,715
97.4%
1,156.554
2,094,273
55.2%
3,335,449
4,273,168
78.1%
WA
700000
700,000
100.0%
700000
700,000
10010%
7,657,011
8,166.074
93.8%
4,775,746
9,080,220
52.6%
12,432,757
16.737231
743%
401,009
371,663
107.9%
238,745
201,SD6
11B.5%
639,834
602.595
106.2%
526889
1,868,282
28.2%
192807
2,561,855
7.5%
719776
3,088,744
233%
927,978
2.239,045
41.4%
431,632
2,763,361
15.6%
1,359,610
3,691,339
36.8%
14,534
330.621
4.4%
68,697
S01,288
13.7%
13,231
515,822
16.1%
63,568
132,533
48.0%
54726
199,622
27.4%
'J.294
263,190
44.9%
78,102
463,154
16.9%
123,422
700,910
17.6%
201,524
779,012
25.9%
6,481,865
6.769,836
95.7%
3,538,830
6,901,156
51.3%
10,020.694
13,383,020
74.9.4
2,848,571
4,339,244
65.6%
1,439,643
4,980,633
28.9%
4,288,214
7,829,204
54.8%
WA
700000
700,000
100.0%
700D00
700.000
100.0%
S 9,330,436
f 11,109,080
84.0%
S 5,878,p2
S 12,581,789
15.1X
S 15,M1,eW f
11,91221/
68.5%
6. Dec22 FY23 Financial Report wih Live Cubes Links
MOM 35
Public Works Department
GENERALFUND Support
Personnel Services
Matenals and Services
Capital Outlay
GENERAL FUND cemetery
Personnel Services
Material'
and Services
Cai May
GENERALFUND Facility Maintenance
Personnel Services
Matenals and Services
Capital Outlay
Totals for General Fund
Personnel Services
Matenals and Services
Capital Outlay
STREET FUND
Grounds Maintenanu
Materials and Services
STREET FUND
Street Operations
Personnel Serv-
Matenals and Services
Capital Outlay
Debt Service
STREET FUND
SDC Transportation
Matenals arse S-res
Capital Outlay
Debt Service
STREET FUND
UD•s
Materials and Services
Totals for Stnat Fund
Personnel Services
Materials and Services
Capital Outlay
Debt Service
AIRPORT FUND Airport
Materials and Services
Capital Outlay
DebtSo-
CAPITAL IMPROVEMENTS FUND
contraction
Capital Outlay
WATER FUND
Water Conservation
Personnel Services
Materials and Services
WATER FUND
Water -Supply
Materials and Services
Capital Outlay
D. SeMce
WATER FUND
Wanr Distrtbulion
Pespnnel Services
Materials am Services
Capital Outlay
Debt Service
WATER FUND
Water Treatment Plant
Personnel Services
Matenals and Services
Cap"I Outlay
Debt Service
City of Ashland
Departmental Expense Report
as of December 31, 2022
(75% of Biennium)
Year•To-Date Year
Expernfitures Budget
Percent
Expended
Y-To-Date
Expenditures
$ 658,543
Year2
(Nat Budget)
$ 1,733.009
Pal
Expended
$ 0
Biennium
Ependlume.
Biennium
Budget
Percent
Expended
$ 1,347,324 $ 1,493.558 902%
s 2,005.867 $ 3,080.33l
65.1%
163.244
256,888
61
99,113
351
28.3%
262,357
513,776
51.1%
WA
WA
WA
1.510,568
1,750,446
86.3%
757.656
2,083,541
36.4%
2,268224
3,594,110
63.1%
2S0,9S2
256,029
98.11%
132.955
262,493
1
353,907
513,135
749%
140,882
211,835
665%
63.356
295,824
262%
22449
436,706
51.3%
1088
(2200)
.40.5%
56
56,712
0.1%
1144
57,800
2.0%
392,922
465AM
84,1%
216,367
615.019
35.2%
609290
1,007,941
60.4%
257265
272,014
94.6%
145,047
287.989
50.4%
402,312
545,254
73.8%
700,216
603.199
116.1%
348,534
521.917
66.8%
1.048,751
1.222,133
858%
6,109
250,000
2,1%
493,891
0.0%
8109
500,000
12%
963,590
1,125,213
85.6%
493,581
1,303.797
37.9%
1,457,172
2,267,387
64.3%
1,95,541
2,021,601
918%
936,645
2,283,481
41.0%
2,792,086
4,139,023
675%
1.004,343
1.071.022
93.7%
531.003
1,168.272
458%
1,635,346
2,172,615
70.714
7197
247,800
2.9%
56
550,603
08%
7,253
557,800
13%
2,867,081
3,341,323
858%
1,467.604
4,002,357
36.7%
4,334,685
6,869,438
63.1%
235,937
270,000
87,3%
130,412
313.433
41.6%
366248
549,270
66.7%
235A37
270.000
87.3%
130.412
313,433
41.6%
366,248
549,270
66.7%
891,792
1,142.253
78.1%
494,888
1,399,391
35.4%
1,386,681
2,291,193
605%
2,412,060
2,671,242
90.3%
1214,421
3,327.321
36.5%
3,626,482
5,739,381
532%
767,189
5.095,415
15.1%
473,643
6,237,003
7.6%
1,241,032
7,004,192
17.7%
80,563
81,963
98.3%
74,931
82.964
90.3%
155494
161
95.1%
4.151,604
8,990,873
462%
2,2MA54
1".678
20A%
6,40908
15,198282
422%
150.000
Do%
300,000
02%
-
300,000
0.0%
2,364
53,377
4.4%
-
265,673
0.0%
2.364
268,037
0.9%
WA
WA
WA
2,364
203,377
12%
-
565,673
0.0%
2.364
568,037
0.4%
WA
NIA
WA
-
WA
-
NIA
-
-
WA
891,792
1,142,263
78.1%
494,888
1,399,391
35.4%
1,386,681
2,291,183
60.5%
2.647,897
3,091,242
85.7%
1,344,633
3,940,754
34.1%
3,992,730
6.588,651
60.6%
769,553
5,148,792
14.9%
473,643
6,502,676
7.3%
1,243,396
7,272229
17.1%
80,563
81.963
98.3%
74931
82964
90.3%
155494
163,526
95.1%
4,389,805
9,464,250
46.4%
2,388,496
11,925,794
20.0%
5,T78,301
16.315,589
41.5%
91,626
91,626
100.0%
39,134
91,771
42.6%
130,761
M.398
71.3%
328,977
323,000
101.9%
50,231
2.672,023
1.0%
379208
3.001,000
12.6%
WA
NIA
WA
420,504
414,626
101.4%
89.365
2763,794
32%
SD9,969
3,194,398
16.0%
995,000
0.0%
12470
1,179,249
lA%
12470
1,179249
1.1%
•
895,000
0.0%
12,470
1,179,249
1.1%
12,470
1,179249
1.1%
-
116.876
0.0%
234,262
0.0%
234262
0.0%
127,393
167,884
75.9%
63664
2064775
30.8%
191 77
334,168
572%
127,393
284,760
44.7%
63,684
441,036
14.4%
191.077
568,430
33.6%
706,051
577215
122.3%
402,275
573,379
702%
1,108,325
1,279,430
86.6%
436,362
3.206,170
13.6%
39,727
6,188,808
0.6%
476,090
6,625,170
72%
127775
127,956
99.9%
127843
127,957
99.9%
255618
255,732
1..0%
1,270,188
3,911,341
32.5%
569,845
6,890.144
8.3%
1.840,033
8,160.332
22.5%
1,193,727
1,237825
965%
551,752
1288,678
45.1%
1,775,510
2,482,405
71.5%i.
2,353,142
2,476,232
95.0%
1,245,799
2,581,952
48.3%
3,591
4,836,094
72.9%
139,425
4,775,400
29%
34,278
5,800,215
0.6%
173,703
5,09,700
2.9%'
267
267AI
100.0%
259071
269.198
962%
526331
536.458
98.1%
3,953,65S
8.756.518
45.1%
2.120.930
9,940.102
21.3%
6,074,485
13,893,657
43.7'4
776,640
855,872
90.7%
355.211
941,264
37.7%
1,131.851
1,717,904
65.9.4
611,874
830,083
73.6%
325,579
1,050.252
31.0%
937.454
1,062,126
56.4%
2329D
2,432.000
1D%
628,110
16,086.955
3.9%
651,400
16,294,0D0
48%
7202
75.195
96.6%
72,882
261.493
27.9%
1 145.544
150,390
968%'I
1,484,467
4,193.930
35.4%
1,381,782
18,339.953
7.5%
1 2.866248
19,824,421
145%
6. Dec22 FY23 Financial Report win Live Cubes Links
1/18/2023 36
WATER FUND Water Improvement SDC
M2tenal5 and Services
capital Outlay
Debt Service
WATER FUND Water SDC
Materials and Services
Debt S-
Totals for Water Fund
Personnel Services
Matenals and Services
Capital Outlay
Debt Genre
WASTEWATER FUND Wastewater Collections
Personnel Services
Materials and Services
capital Outlay
Debt Service
WASTEWATER FUND WaslMYater Treatment Plant
Personnel Services
Matenals and Services
capital Outlay
Debt Servos
WASTEWATER FUND
Wastewater Relmb-orant SDC
Capital Outlay
Debt Service
WASTEWATER FUND
Wastewatar Improvement SDC
Matenals and Services
capital outlay
Total, to Waat,-t r Fund
Personnel Services
Matenals and Services
Capital Outlay
Debt Service
STORMWATER FUND
Storm Drain
Personnel Services
Matenals and Services
Capital Outlay
Debt Service
STORMWATER FUND
SDC Storm Drain
Materials and Services
Capital Outlay
Total, for Stromdraln Fund
Personnel Services
Matenals and Services
Capital Outlay
Debt Service
City of Ashland
Departmental Expense Report
as of December 31, 2022
(75% of Biennium)
Vear-To-Date Year
nditume Budget
Pement
Expended
Y-To-0ate
Expenditures,
-
Year
(Net Budget)
135,555
Percent
Epe,ded
0.0%
Biennium
Expenditures
Biennium
Budget
P-I
Expended
14,445 150,000 9.6%
14,445 150,000
9.6%
74,163
795,100
9.3%
74,065
2,852,137
2.6%
148,22a
2,926,300
5.1%
180451
180,452
100.0%
98694
180,575
54.7%
279145
361,026
77.3%
269,059
1.125.552
23.9%
172,759
3,168,267
5.5%
441,818
3,437326
12.9%
150.000
0.0%
300.000
0.0%
300,000
0.0%
33390
33,390
100.0%
33633
33,390
100.7%
67023
66,700
100,4%
33,390
193.390
182%
33.633
33,390
100.7%
67.023
66,780
100.4-4
1,970,368
2,210,373
89.1%
936,993
2,464,203
362%
2,907,361
4,434,571
65.6%
3,812,905
4,352,194
87.6%
2,037.337
4,847,913
42.11%
5,850.243
8,660,818
67S%
673,241
11,208,670
6.0%
776,179
30,928,174
2.5%
1,449,420
31,785,170
4.6%
681538
6842U
996%
464280
872,603
532%
1273 661
1,370,386
92.9%
7,138.052
18,455,491
38.7%
4214,769
39.112,893
10.8%
11,4WAM
46.M,945
24.8%
705,929
726.485
972%
395,987
751,058
51.4%
1,091,916
1,456,987
74.9%
1,517,487
1,580.507
95.0%
807,632
1,612.541
50.1%
2.325,119
3,130,028
74.3%
35,616
513.600
6.9%
3,619
991.584
0.4%
39235
1,027200
3.8%
46056
46,857
98.3%
42628
125,609
34.1%
88884
92914
95.7%
2,305.088
2,867,449
80.4%
1,240,066
3,480,792
35.6%
3,545,154
5,707,129
62.1%
925289
927,425
99.8%
503,057
936,213
53.7%
1.428,346
1,861,502
76.7%
1,642.940
1,829,590
89.8%
093,744
2,076,561
42.9%
2.626,685
3.719,501
67.9%
1.166.425
4,484150
269%
1.051,480
4,584,024
42.6%
3,117,906
7,374,200
423%
128797
129:337
9916%
61088
1,674,337
3.6%
189,885
258,134
7316%
3,863,452
7,370.502
S2.4%
3,399,370
9271,134
36.7%
7262,822
13,213,337
5510%
-
-
WA
-
WA
-
WA
WA
NIA
WA
-
-
NIA
-
-
NIA
-
-
WA
150,019
350,0D0
42.9%
8,587
549.981
116%
158905
700,000
22.7%
15366
1,735,750
0.9%
46778
2.701,734
1.7%
62,144
2,717,100
23%
165.385
2,W5,750
7.9%
55.365
3251,715
1.7%
220.749
3,417,100
6b%
1,631,218
1,653910
98.6%
889,044
1.687.271
52.7%
2,520262
3,318,489
75.9%
3,310,446
3,760,097
88.0%
1,699,963
4.239,083
40.1%
5.010,409
7,549,529
66.4%
1,117,407
6,733,500
18.1%
2,001,877
8,277,342
242%
3,219285
11,11M
29.0%
17/80
176,194
992%
103916
1,799,946
5.8%
278769
35"
79.4%
6.333,925
12,323.701
51.4%
4,694,800
16,003,641
29.3%
11.028,725
22,337.566
49.4%
353.659
482,365
73.3%
143,392
613,931
23.4%
497,051
967,590
51.4%
351,664
390213
90.1%
180,854
430,862
42.0%
532,518
782,526
68.1%
17,255
432,538
4.0%
640,283
0.0%
17,255
657,538
2.6%
11550
11,750
98.3%
10725
11,750
91.3%
22,275
23,300
85.6%
734,128
1,316,866
55.7%
334,972
1.696,925
19.7%
1,069,100
2,430,954
44.0%
12,120
275,000
4.4%
-
537,880
0.0%
IZ120
550,000
22%
57,712
0.0%
57,712
0.0%
57,712
0.0%
11,120
332,712
3.6%
-
595,592
0.0%
12,120
607,712
2.0%
353,659
482,365
733%
143,392
613,931
23.4%
497,051
967,590
51A%
363,784
665213
54.7%
180,854
968,742
18.7%
544.638
1,332,526
40.9%
17255
490250
3.5%
697,995
09%
17255
715250
2.4%
11550
11,750
983%
10725
11,750
91.3%
22 75
23,300
956%
746248
1,649,578
452%
334,972
2292,417
14.6%
1.081
33,038,666
356%
6. Dec22 FY23 Financial Report wih Live Cubes Links
11182023 37
ELECTRIC FUND
ELECTRIC FUND
ELECTRIC FUND
Electric Department
Electnc Supply
Personnel Services
Materials and Services
Capital Outlay
Electric Distribution
Personnel Services
Materials and Services
Capital Outlay
Electric Transmission
Materials and Servicea
Debt Service
Total.
Personal Services
Materials and Services
Capital Outlay
Debt Service
Total Electric Department
City of Ashland
Departmental Expense Report
as of December 31, 2022
(75% of Biennium)
YeanTo-Date
EI,piunditurea,
Year
Budget
Percent
Expended
Yean7o-Date
Ex endRuras
.
Year
(Net Budgett
S -
Percent
Ba nded
NIA
Biennium
Ex enditums
Biennium
Budget
Percent
Expended
S . S - NIA
S - $ -
WA
6,775,000
7,590.000
89.3%
2.607,145
8,553,500
30.5%
9,382,144
15,328,500
612%
WA
NIA
WA
6.775,000
7,590.000
89.3%
2,607,145
8,553,500
30.5%
9,382.144
15,328,500
612%
2,821,995
3,156,472
89A%
1,518,036
3,522,501
43.1%
4,340,031
6,344,496
68.4%
4,596,352
4,862,819
94.5%
2,263,013
4,956.090
46.1%
6,879,365
9,562,442
72.0%
238,256
975.000
24.4%
11014AM
1,011,744
100.2%
1,252,292
1,250,000
1002%
7,656,603
8,994.291
85.1%
4,815,094
9,490.335
50.7%
12,471,688
17,146.938
72.7%
1,002.989
1,100.000
912%
411,814
1224,511
33.6%
1,414,803
2,227,500
63.5%
221,812
0.0%
443.624
0.0%443624
0.0%
1,002,a89
1,321,812
75.9%
411,814
1,668.135
24.7%
1,414,503
2,671,124
53.0%
2,821.91115
3,156.472
89.4%
1,518,036
3,522,501
43.1%
4,340.031
6.344,496
611
12,374,340
13,552,819
91.3%
5,301.972
14,734,102
36.0%
17.676,312
27,108,442
651%
238,256
975,DD0
24.4%
1,014,035
1,011,744
1002%
1,252,292
1,250,D00
1002%
221,812
0.0%
443,624
0.0%
443,624
0.0%
S 15,434,592
S 1706,103
862%
S 7,834,043
S 19,711,970
39.7%
3
23,2611 $
35,146,562
86.2%
6. Dec22 FY23 Financial Report win Live Cubes Links
1/18/2023 40
Parks Department
PARKS -GENERAL FUND
Parka Division
Personnel Se-s
Materials and Senvkea
Capital Outlay
PARKS -GENERAL FUND
Recreation DMslon
Personnel Services
Materials and SeMces
PARKS -GENERAL FUND
Got DMsicn
Personnel Services
Maerals and Services
'Pilot Out) y
PARKS-GENERALFUND
Senior Services Division
Personnel Services
Materials and Services
Capital Outlay
PARKS -GENERAL FUND
Parka Forestry Division
Personnel Services
Materials and Services
Capital Outlay
Totals for Parks G-W Fund
Personnel Services
Matsd%s and Services
Capeel Outlay
PARKS - CAPITAL IMPROVEMENTS
FUNICIP
Personnel Se -
Materials and Serdces
Capital Outlay
PARKS -EQUIPMENT FUND
Equipment
Materials and Services
Capital Outlay
Totals
Personnel Services
Materials and Services
Capital Outlay
Total Parks Department
City of Ashland
Departmental Expense Report
as of December 31, 2022
(75 % of Biennium)
Year,To-Date Year
Ex nd0ures Budget
Percent
Expended
YanWate
ExpeAdilumps
S 1,010,569
Year
(Net Budget)
S 1,982,551
Percent
Expended
51.0%
Biennium
Expenditures
Biennium
Budget
Percent
Expended
S 2.016,301 $ 1,812.211 111.3%
S 3.026.870 $ 3.998.852
75.7%
2.310,416
2,345.878
98.5%
1,232,349
2,469,121
49.9%
3,642,765
4.779,537
74.1%
97004
102,700
94.5%
20.190.00
55.696
36.3%
117194
152,700
76.7%
4,423,720
4,260,789
103.8%
2,263,109
4,507,368
502%
6,686,829
8,931,089
74.9%
824.867
942.561
87.6%
431,387
1,027,013
42.0%
1,256,254
1,951,880
67.8%
232724
279,997
83.1%
133036
368,600
36.1%
365760
598,324
61.1%
1,057,591
1,222,558
86.5%
584,423
1,395,613
- 40.4%
1,622,014
2,450,204
662%
400,384
413,908
96.7%
117,037
451,893
25.9%
517,421
852277
60.7%
218,128
150,124
145.3%
53,838
91,445
58.9%
271,966
307.373
98.5%
WA
N/A
N/A
618,511
564,032
109.7%
170,875
543,338
31.4%
789,387
1,159,650
68.1%
317,506
288,630
110111%
139,978
321,098
43.6%
457,484
638,605
71.6%
51214
71.614
71A%
23,181
77.193
30.0%
74,395
123,464
60.3%
WA
N/A
WA
368,72D
360,244
102A%
163,159
396,291
41.0%
531,879
762,069
69.8%
431,926
574,813
75.1%
231,467
659,061
35.1%
663,392
1.091,007
60.8%
55.386
82,650
67.0%
7,419
106.112
7.0%
62,805
160,420
39.2%
WA
N/A
N/A
487,312
657,463
74.1%
238,8a5
765,192
312%
726,197
1,251,427
58.0%
3,990,983
4,032.123
99.0%
1,930,437
4,441,636
43.5%
5,921,421
8,432,620
702%
2.867,968
2,930,263
97.9%
1,449,824
3,112,471
46.6%
4,317,691
5,969,118
72.3%
97004
102,700
94.5%
20190
55,696
36.3%
117194
152,700
76.7%
6,955,855
7,065,086
98.5%
3,400,451
7,609.804
44.7%
10,356,306
14,551,138
71.2%
-
-
NIA
-
-
N/A
-
WA
•
202,000
0.0%
-
404,000
0.0%
404,D00
0.0%
924,784
2,8501500
32.4%
499,821
8,910,716
5.6%
1,424,605
9,835,500
14.5%
924,784
3,052.600
30.3%
499,821
9,314,716
5.4%
1,424.605
10,239,500
13.9%
-
-
WA
-
-
N/A
-
-
WA
90,155
50,000
180.3%
5%845
0.0%
90,155
150,000
60.1%
90,155
50,000
180.3%
-
59,845
0.0%
90,155
150,000
60.1%
3,990,983
4,032,123
99.0%
1,930,437
3,461,457
55.8%
5,921,421
8.432.620
702%
2,867,868
31132.263
91.6%
1,449,824
3,333,167
43.5%
4,317,691
6,373,118
67.7%
1111943
3,003,2D0
37.0%
520011
9,026,257
5.8%
1631954
10,131121110
16.1%
S 7,970,794
S 10,197,580
76.4%
S 3,900,272
S 15,820,881
24.7%
S 11.871,066
S 24,943,938
47.6%
6. Dec22 FY23 Financial Report vvih Live Cubes Links
U10023 41
City of Ashland
Departmental Expense Report
as of December 31, 2022
(75 % of Biennium)
Year, Year Percent
YearvTo-Date Year2 Percent
Biennium Biennium Percent
Exiltures
Budget
Expended
Expenditures (Net Budget)
Expended
Expenditures
Budget
Expended
Personnel Serzes
,720.537
36,352,349
90.0%
16,500,954
39,462.480
41.8%
49,221,491
73.163,196�113%Malenaleand
Sendces
,824,913
51:260,473
87.4%22,475,505
56,315,328
39.9%
67.300,418
101,771,4311%Capitaloty,764,850
30,737,112
15.5%
6,520,382
63,525,153
10.3%
11,285,232
71,191,1989%
Debt Service
2,963.344
92.4%
2,122,857
4,998.261
42.5%
4,859,659
5,927,557
92.0%
85,047,101 121,3 3,278 70.1% 47,619,6987 164,3 11,222 29.0% 132,666.799 252,053,382 52.6%
6. Dec22 FY23 Financial Report wih Live Cubes Links
1/10023 42
•::� Council Business Meeting
February 21, 2023
Agenda Item
Acceptance of Public Arts Mural on the Elks Building at 247 E. Main Street
From
Brandon Goldman
Title: Interim Community Development Director
Contact
Brandon.goldman(Bashland.or.us 541-552-2076
Item Type
Requested by Council ❑ Update ❑ Request for Direction ® Presentation
SUMMARY
The Council is being asked to approve the installation of the "Where the Crow Lights" mural by artist John Pugh
as Public Art upon the western wall of the Elks Building at 247 E Main Street.
POLICIES, PLANS & GOALS SUPPORTED
• Resolution No. 2016-29: A Resolution Adopting Guidelines for the Creation And Installation Of Mural
o Public Arts Murals Guidelines and Process
• Public Arts Master Plan
Comprehensive Plan - Transportation Element: Policy #7 Encourage public art along multi -modal travel
corridors.
BACKGROUND AND ADDITIONAL INFORMATION
The Public Arts Advisory Committee (PAAC) was approached by the muralist John Pugh about the proposal in
September and October of 2022. Following a series of refinements based on suggestions from the PAAC and the
Historic Preservation Advisory Committee Mr. Pugh presented the resulting concept to both committees in
December 2023.
John Pugh is an accomplished muralist well-known in the arena of public art for his works done throughout the
world. He has gained recognition for his unique and innovative trompe I'oeil style featuring realistic architectural
elements and optical illusions of depth and perspective. Pugh's style is characterized by his attention to detail
and realistic representation of texture, light, and shadow. He creates a sense of depth and perspective in his
murals, making it appear as though the scene depicted is real and exists beyond the wall.
The proposed mural for the wall of the Elk's Building in downtown Ashland incorporated a "production set theme"
focused on the story of Ashland's Lithia Park. The central dome is representative of the historic Chautauqua
dome that once stood in the park. The interior of the dome evokes landscape imagery reminiscent of "A
Midsummer Night's Dream" with painted theatrical lights pointing at the scene to evoke a stage like
presentation. Allegorical figures and animals set this environment and include a Native American woman
adorned in native Takelma dress, crows representing the original name of the area "K'wakhakha, "Where the
Crow lights" perch atop the dome, and natural features such as Mt. McLaughlin (Klamath name: M'laiksini Yaina),
and Mount Ashland, are visible in the background.
Page 1 of 3
•••� Council Business Meeting
Conceptual illustration of the proposed mural on the west wall of 247 E Main. Street
Detail
The Public Art Advisory Committee (PAAC) initially reviewed the concept initially at their meeting on April 15, 2022,
and reviewed examples of John Pugh's completed public art works which demonstrate how the architectural
illusions presented appear in real world settings. The PAAC recommended for approval (5-1) of the mural at their
meeting on October 21, 2022.
The Historic Preservation Advisory Committee (HPAC) reviewed the proposed mural at multiple meetings over
the course of 2022. On April 6th, 2022 the HPAC reviewed an early iteration of the mural concept in relation to the
City's Public Art Murals Guidelines and Process which stipulates that murals proposed for installation on the
exterior of structures listed on the National Register of Historic Places, or upon a contributing property within a
Historic District such as 247 E. Main Street, be forwarded to the HPAC for review. The HPAC is charged to provide
their recommendations to the City Council and Public Arts Advisory Committee. The HPAC reviewed the revised
proposal on December 7tI, 2022 and voted (5 -1) to approve both the location and the content presented in the
mural concept, and recommend approval to the City Council and PAAC.
Page 2 of 3
•::� Council Business Meeting
FISCAL IMPACTS
The mural is offered to the City as a gift, The proposed mural is to be funded through private fundraising efforts
and or grant support. If the gift is approved, the city would accept the artwork and would be responsible for its
maintenance and conservation, including regular cleaning and upkeep, and any necessary repairs or
restoration.
DISCUSSION QUESTIONS
Does the Council find the proposed mural adequately addresses the criteria for approval of wall murals
as public art as outlined in the City's Public Art Murals Guidelines and Process document?
• Work that is of enduring value for including in the City's public art collection.
• Visual imagery that enhances the aesthetic experience within the City and the character and
nature of the site.
• Visual imagery that is appropriate for all audiences (not reflecting partisan politics or
containing sexual or religious content or expressing a commercial aspect, etc.).
• Artwork that is appropriately designed for all view points to the mural (by pedestrians, from
moving vehicles, seated audiences, etc.).
• Artwork that is appropriately sited for directional exposure to minimize fading of colors.
• Suitability of the wall surface to receive all materials that are to be used to execute the mural
including the wall preparation material.
• Work that is appropriate in scale to the building and to the site.
• All installation and technical issues.
SUGGESTED NEXT STEPS
The Public Arts and Historic Preservation Advisory Committees both recommend the Council accept the
proposed mural into the public art collection upon completion with the potential motion below:
I move to accept the proposed mural "Where the Crows Light" into the City of Ashland's public art collection
upon completion.
REFERENCES & ATTACHMENTS
Public Art Mural Packet submittal by John Pugh
o Itemized Budget Estimate - Downtown Ashland Elks Mural Proposal
o Mural Durability fact sheet (13-72 coating)
o John Pugh Mural Commissions (Partial Listing) and public art installation photo examples
Page 3 of 3
W1
1OFFr
CITY OF
-AS H LA N D
Public Art Mural Packet
Thank you for your interest in the process for executing exterior murals on public or private
property in within the City of Ashland. The attached documents are intended to assist applicants
through the approval and installation process.
■ Guidelines and Process for executing/installing an exterior mural in the City of
Ashland
■ Public Art Mural Application
■ Art Agreement between City of Ashland and Property Owner
Updated Nov. 2016
CITY OF
-AS H LA N D
Public Art Murals
Guidelines and Process
The Ashland Municipal Code requires that exterior murals must be approved by the Public Art
Commission (PAC) whose role is to ensure that each project aesthetically enhances its location
and surroundings. The costs associated with developing and executing/installing a mural are the
responsibility of the applicant and/or property owner of the wall where the proposed mural will
be installed.
To simplify this document, the word `mural'refers to artwork that is painted on an exterior wall
and other works of'art affixed to an exterior wall.
Overview
•The approval process for executing/installing murals on public or private property within
the City of Ashland is administered by the City of Ashland staff liaison to the Public Art
Commission.
■ Applicants writhout professional mural experience may apply but should partner with a
professional muralist.
■ Applicant must provide a budget for the project and if the project is approved funding
must be in place before work can begin.
■ Proposed murals are reviewed by the PAC, by the Ilistoric Commission if required, and if
recommended by the PAC, approved by the City Council.
■ Murals shall not be considered for installation on building facades with a public entrance
in historic districts.
■ Murals may be considered for installation on building w-ith a public entrance outside
historic districts_
■ Murals shall not be proposed for installation on an unpainted fagade surface (natural
brick, stone) of a historic building.
• All property owners must sign an Art. Agreement to be included with the Public Art
Mural application agreeing to transfer ownership of the mural to the City pending
approval of the proposed mural by the City Council.
■ All murals approved through this process become part of the C.ity's public an collection
for as long as the Art Agreement remains in effect.
Updated Nov. 2016
■ The number of murals per block may be limited.
■ Historically significant murals (including historic advertisements) shall not be painted
over, even if faded.
■ To the extent practicable, murals shall be applied only to the flat planes of walls.
• Imitative materials including but not limited to asphalt siding, wood textured aluminum,
and artificial stone should be avoided on murals within historic districts.
• All applicants are required to meet with the staff liaison at least one month prior to
submitting an application. To schedule an appointment, contact Public Arts Commission
Staff liiason at 541-488-5305.
Murals on Historic Buildings
• Murals proposed for installation on the exterior of structures listed on the National
Register of Historic Places or to a contributing property within a Historic District on the
National Register of Historic Places will be forwarded to the Historic Commission for
review.
■ The Historic Commission will review the proposal using criteria standards stated in the
Ashland Municipal Code and provide their comments to the City Council and to the
Public Art Commission_
Criteria for Approval of Wall Murals
The mural should be a professionally designed, original work of exceptional duality with
consideration of the following criteria:
■ Work that is of enduring value for including in the City's public art collection.
■ Visual imagery that enhances the aesthetic experience within the City and the character
and nature of the site.
• Visual imagery that is appropriate for all audiences (not reflecting partisan politics or
containing sexual or religious content or expressing a commercial aspect, etc.).
■ Artwork that is appropriately designed for all view points to the mural (by pedestrians,
from moving vehicles, seated audiences, etc.).
■ Artwork that is appropriately sited for directional exposure to minimize fading of colors.
• Suitability of the wall surface to receive all materials that are to be used to execute the
mural including the wall preparation material.
■ Work that is appropriate in scale to the building and to the site.
■ All installation and technical issues.
Mural Design APPluation
Applicants (artist, property owner, etc.) intending to executelinstall a mural on an exterior wall
that is visible from a public -right-of-way and within the boundaries of the City of Ashland must
apply for approval through the following process. Applicant shall:
Updated Nov. 2016
a. Schedule an appointment and meet with the staff liaison to the PAC for an informational
overview of the process and initial review of the proposed project.
b. Complete and submit a Public Art Mural application.
c. Submit a signed Art Agreement from the property owner.
d. Prepare a mural presentation package as described in Mural Design Presentation and
Review.
e. Schedule an appointment for PAC review of mural package at a public Commission
meeting.
f. Submit a complete Mural Presentation package to staff 10 days prior to PAC review.
Only packages that are totally complete will be accepted for review.
Mural ,Design Presentation and Review
The proposed mural application will be presented to the Public Art Commission at their monthly
public meeting.
Initial PAC Presentation Meeting
Presentation materials for the initial meeting must include:
a_ Photos of the proposed location of the mural including all wall features and features
immediately adjacent to the proposed mural site; complete wall measurements.
b. Professional portfolio of the lead artist's mural work including examples of the
artist's demonstrated ability from prior projects to carry out the project as designed.
c. A color drawing at %2 inch scale that adequately illustrates the proposed mural
including actual color, finishes -and materials samples with their locations designated
on the mural drawing;,
d. Verbal explanation of imagery concept including:
• how the artwork enhances the existing character of the site through scale, color,
material, texture, and content,
• how the mural considers the social dynamics of the location, and
• how the artwork considers the historical, geographical and cultural features of the
site as well as its relationship to existing architecture and landscaping.
e. Statement regarding the durability of the artwork and its potential to require ongoing
maintenance.
f. Art Agreement signed by the property owner.
■ Preliminary Design Approval
Generally, the PAC review and preliminary approval for the applicant to move forward
with the proposed mural concept occurs at the regularly scheduled monthly PAC meeting
Updated Nov. 2016
following the applicant's initial presentation. Staff will notify the applicant of the
Commission's decision and if necessary, schedule a date for the second design meeting.
NOTE: If the mural is proposed for installation on the exterior of structures listed on the
National Register of Historic Places or to a contributing property within a historic District
on the National Register of Historic Places the proposal will be forwarded to the Historic
C "ommission for review. See Murals on Historic Buildings above.
Second PAC Presentation Meeting
Following preliminary approval of the mural concept, the applicant may be asked to
attend a meeting to present the following:
a. A color elevation drawn and gridded to 1/, inch scale to illustrate how the mural
concept will be translated to the site wall.
b. Any additional information requested by the PAC.
Design Approvalk, Ci + Council
■ Following final design approval by the PAC and review by the historic Commission, if
required, the Commission will forward the mural concept to the City Council for
approval.
Once final approval is granted by the City Council, the applicant must:
a. Provide staff with the installation schedule. Applicant will be responsible for
implementing all safety requirements per direction from staff (if work is occurring
within the public right of way).
b. Provide a $500 deposit to the City, if required. This deposit is held in reserve until the
completed mural receives final installation approval by the PAC.
c. Enter into a contract between the applicant and the City of Ashland.
Review of Prgiect during Installation
In order to facilitate timely PAC reviews throughout the mural prep and painting process, the
applicant must provide staff schedule of dates for completion of each mural stage addressed
below.
■ The PAC will review the project three separate times during the mural installation. 'Ile
applicant must notify staff at the end of each of the following steps:
a. After the wall is prepped and ready for application. At this step, the PAC will also
review paint colors and medium as well as other materials to be applied to the wall to
ensure they are the same colors and materials approved during the review process and
the medium is appropriate and durable.
b. 1lalfway through the application process for review of compliance with the drawings,
materials and finishes.
c. N6 ithin seven days of completion.
Updated Nov. 2016
Following the third review, the PAC will determine if the completed mural is in
compliance with the approved documents, drawings, materials and finishes_
Note: If the PA(' frndv that there are areas of the mural that are not rendered according
to the approved design documents, the PAC may request the applicant adjust the mural to
comply with the approved design. The PA(' also recognizes that an artist may wish to
matte minor changes during the process that deviate from the appro-wd concept but that
enhance the overall project. The PAC' and artist will agree on any changes to the
approved design drawing,
■ Once the PAC and applicant are satisfied that the mural is complete, the mural must be
coated with a clear IJ V protectant paint to protect the mural from graffiti and ultra violet
rays.
■ ne PAC will vote to accept the mural into the City's public art collection and fonN2rd
their recommendation to the City Council for approval.
Other Whin to Know
• The City will contract with the applicant for the execution/installation of the mural.
■ The contract will require the applicant to submit proof of liability insurance.
■ The Art Agreement will be in place for a period of five years. At the expiration of the
five years, the Art Agreement may be terminated or extended by either party upon 30-day
written notice.
The City retains the right to remove the mural if the mural is not executed according to
the approved concept documents.
The City is responsible for the maintenance of the mural during the existence of the Art
Agreement.
Updated Nov. 2016
CITY OF
ASHLAND
Public Art Commission
Mural Application
Applicant (City contracts with)
Applicant Name: � O vt t� �V 6 A
Applicant phone and email: cl U �R 1f3 L
Applicant Address Line 1: 1113 J A-o N
City:AALI�tvO State: 0?, Zip: 7 7S-.0
Lead Artist
Artist Name: Sown e ovs O V iz
Artist phone and email:
Artist's Address Line 1:
Artist's Mailing Address (if different):
0ty: State: Zip.
Artist website: C¢aVn
Proposed Mural Building
Name of Property Owner of proposed mural building (if different from applicant): � L
Owner phone and email: l � - � V Y
Proposed Mural building Street Address: t; tf11 N D C L L/
� SS Property (honer mailing address: � - 1`'I PO N S'T
City: 11, H LA N l) State: 0 R Zip: " 71 D, 0
Mural Application Page 1
Dimensions of proposed mural wall:
Has the owner given permission for a mural to be painted on the proposed wall and is the owner
willing to enter into an Agreement with the City? YC-S
The wall is:
brick cinderblock
uestions
(� �co
wood other
1. Please describe the project, the specific location of the mural and why a mural will
enhance the area. �k v P- To -t3 e L- aC A T&Z t OJ w i C / n' C;--
VJILL APO
j� `^JAM 1 f U1 I L-L Pr> iJ LAtJ l ► aR `fir !N c rN<
2. Can the wall "en from the public right of way (e.g. sidewalk, alley, street etc.)? S M PI-5 TO
tZ ftiflL UI LLA!rE
I Describe the process you used to select a professional mural artist?
w T CP,N ip-
4. Describe the theme/image you envision for this mural if known at this time.
(REK�, UUI, L— kPCcR C
A S IA tr Nib 5 L- t T t 6
5. Why do you want a mural at this location? flow wi I the mural benefit the _� K
neighborhood? Community? iT `S Pr tj ( G l-1 k. ly \i 15 t 5 LE
bov.1N "W7-J LGcAIoN — WJ-MASiiicNCr ILLU510N
fit, t S 1-a jZt C. AC OF
R t T 'P tz 10
Prs w E t-(. A-S R LP-C E- M A-K NG
6. Please attached a detailed budget for the project. What funding do you have for the
project? to U-,--Mg t=. RS b6 A-f-,' CC �A u pit r
W ILL g r t�'J v i TE
WILL 5iE;RVd `M G:WCAT�:. Wi5tttAS D"w�J-iCus�
7. Describe the ground in front of the wall (condition, debris etc.) and surrounding features.
Mural Application u N t) I Ff—G N T b i"� v Page 2
tS TRe Roc —iMf ff� CHPrg9 j�f'NK
CITY OF
-ASHLAND
Public Art Mural Agreement
The Agreement is between F lS1Za'd Property Owner) and the City of Ashland (City).
RECITALS
1. The City has adopted a process for the placement of public art murals (Mural) on public and
private buildings throughout Ashland.
2. The Property Owner owns the real property situated at 2 55 E •�."� �, (physical
address) and is willing to make an exterior wall (Wall) available for a public art mural.
3. After final approval by the PAC of the installed mural, it becomes the property of the City of
Ashland and may be removed by either party after a period of five years.
The parties agree as follows-.
This agreement is in effect for at least five years. After the five year minimum, the agreement may be
terminated by either pally upon 34 days written notice. upon termination, the Wall will be restored to its
prior condition at the expense of the party who initiated the termination.
The City is responsible for the maintenance and if necessary repair of the Mural during the life of the
agreement. The City shall have the right to access the Mural and the Wall for maintenance purposes. The
City may remove the Mural, if in the sole judgement of the City, the Mural cannot be maintained.
In the event of any dispute in any manner relating to this agreement, the parties shall submit the dispute to
he resolved by binding arbitration. The arbitration award shall be final and binding on the parties on the
parties in the same manner as the final judgment of a court -
City of Ashland, OR
Name and Title:2"A'l
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Property Owner
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Public Art Mural Agreement
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ASHLAND ELKS MAIN STREET JOHN PUGH
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Downtown Ashland Elks Mural Proposal - John Pugh
Itemized Budget Estimate
The project budget of $200,000 will include all labor, materials, studio expenses,
scaffolding, and general liability insurance. This project will be fabricated and mostly
painted in the studio, with about 35% of the process saved for the on location
installation and integration.
Paint and Materials
Studio Overhead (based on five months studio time): $16,000
Nova Color Paints. Varnishes. and Gels for installation: $11,000
Prepared PolyTab (outdoor mural canvas): $3.000
Wall Preq and Skim Coatin
Pressure Washing $2,500
Wall Plastering - includes Weldcrete bonder, Skim Brown Coat, Acrylic
Fine Sand Finish Texture (two coats), and Galvanize Accessory
Reinforcement Metal: $35,000
Prime Wall: $2.500
Final Treatment - B-72: $5.000
Mural Lighting
LED Flood Fixtures (4) $2.000
Wiring, connection parts to power supply, and labor: $4.000
On Site Expenses
$2,000,000 General Liability Insurance (pro -rated): $1,000
Scaffolding (including special rigging over narrow areas): $23,000
Safety / Other Rental Equipment. $2,000
Artist Fees
Artist Fee (includes Artist Time, Research Expenses / Materials,
Photography, Model Making): $65,000
Additional professional artist (in studio & on location) $20,000
Two Artist assistants (in studio & on location): $8.000
Estimated Total: $200,000
Mural Durability and B-72
B-72 is a state-of-the-art new approach to making a mural last generations.
It's completely resistant to the elements and is so strong that even if the mural
gets tagged, any strong solvents can be used to remove the graffiti without dam-
aging the mural.
When sprayed on the mural, this product penetrates and replaces the acrylic
binding without disturbing the pigment. Murals that look faded or even "gone" can
be attributed to the oxidation of the acrylic binding. When acrylic binding oxidizes
- usually from a combination of sun, water, especially sea water - it creates micro
fractures in the binding (like a cracked windshield). This obscures the mural to
the point of eventually appearing fading beyond recognition.
On a quality acrylic mural the life expectancy for a south / west facing exposure
(northern hemisphere) could be from about 10 to 15 years, and a north / east fac-
ing exposure could be from 15 to 30 years. Yet assuming that the mural artist
used only the finest color -fast pigments, the mural will, with simple maintenance,
become a permanent public art form, and last 100 years. Like mosaics or bronze
sculpture, B-72 breaks the stigma or paradigm that murals do not have long lives.
Rick Briley and Wayne Winiecki of `Mural Medics' are experts on B-72 and it's ap-
plication. I've worked with Rick and Wayne over the years, and believe they are
the go -to -guys for B-72 and for spraying the coating for mural protection. They've
used this product on murals that seemed to be faded beyond recognition, and the
results were like magic. Some murals were restored to the point that they looked
like the day they were painted.
For further information and spraying application of B-72, Please contact Rick Bri-
ley at 760 668-1744 or email at: rick.briley@muralmedic.com
John Pugh Mural Commissions (Partial Listing)
2021 Bijou Theater Mural, City of Hermosa Beach, CA
2020 Denver Zoo / City Park, Denver Arts Commission, CO
Aquarium on the Boardwalk - Branson, MI
2019 Montclair Mural Project, City of Oakland, CA
Central Life Building, Ottawa Mural Program, IL
2018 Theatre in the Round - Minneapolis, MN
City Walk Mural Project, Government of UAE - Dubai, UAE
2017 Quetzalcoatl Mural Project, Government of Mexico - Mexico City
Jean Cocteau Theater, George RR Martin - Santa Fe, NM
2016 State Library, Wisconsin Historical Society - Madison, WI
Promega Corporation - Madison, WI
2015 Lennox Mural with Elastic TV Production - Santa Monica, CA
City of La Crosse, National Endowment for the Arts - La Crosse, WI
2014 Sacramento Water Tank Project, Sacramento Arts Commission, CA
GE Wonderground Mural Project - LA, Boston, SF, Chicago, and NYC
2013 Wonderworks Science Museum, Syracuse, NY
City of Hermosa Beach - LA, CA
2012 Speightstown Mural Project — Speightstown, Barbados
Universal Studios — Tokyo, Japan
2011 City of New Plymouth - New Zealand
Beach Boardwalk — Santa Cruz, CA
2010 Westside Recreation Centre, Calgary Arts Commission - Calgary, Canada
Pepsi Cola International - New York, NY
Skyline College, Art in Public Places — San Bruno, CA
2009 Santa Cruz Redevelopment Agency — Santa Cruz, CA
Aquatic Center, City of Fremont Arts Commission — Fremont, CA
Del Oro Theater, Redevelopment Agency, Grass Valley, CA
2008 Mana Nalu Plaza, Honolulu Arts Commission - Honolulu, HI
Madera Police Station - Madera, CA
Juvenile Hall Lobby, Sacramento Metropolitan Arts Commission, CA
2007 Dimond High School, Anchorage Arts Commission — Anchorage, AK
Star Reacher, Private, Carmel, CA
2006 Downtown Breezeway, Chandler Arts Commission — Phoenix, AZ
Wonderworks Science Museum, Gatlinburg, TN
Palo Alto Medical Foundation (Two Projects)— Palo Alto, CA
2005 Rotorua Public Library, Arts Commission — Rotorua, New Zealand
Sarasota Health Department, Florida Art in State Buildings — Sarasota, FL
2004 Bishop Mural Society (two projects) — Bishop, CA
Crossroads Mural Project, Dublin Arts Commission — Dublin, CA
2003 Mainplace Merced, Redevelopment Agency — Merced, CA
Berryessa Community Center, San Jose Arts Commission — San Jose, CA
2002 El Camino Hospital — Mountain View, CA
Opa Locka Health Services, Florida Art in State Buildings — Miami, FL
Hayward City Hall, Hayward Arts Commission — Hayward, CA
2001 Debra Winger - (private) New York, NY
Global Mural Conference Project — Twentynine Palms, CA
2000 University of North Florida, Florida Art in State Buildings — Jacksonville, FL
Levi Strauss — Dayton, NV & Jacksonville, OR
1999 University of Alaska, 1 % For Art Commission — Fairbanks, AK
Kaiser Permanente Hospital — Santa Clara, CA
1998 Victor Valley College Library, Arts Commission — Victorville, CA
Standing on a Corner in Winslow, Arizona Park — Winslow, AZ
1997 Downtown Breezeway, South San Francisco Arts Commission, CA
Barbi Benton — (private) - Honolulu, HI
ICTV, California Design International — San Francisco, CA
Silicon Graphics, Inc. — Mountain View, CA
1996 Pleasant Company — Taipei, Taiwan
Moore Technologies — San Jose, CA
1995 Park Meadows Shopping Center — Denver, CO
Crossroads Center, Palm Desert Arts Commission — Palm Desert, CA
1994 -1980 County Parking Facility, Sacramento Metropolitan Arts Commission, CA
Stanford Shopping Center, Stanford University — Palo Alto, CA
California State University, Chico
Awards Distinguished Alumnus — California State University, Chico, CA
Most Successful Mural Artist — California Mural Symposium 2006
Master Muralist, Mural Art Center Awards — San Francisco, CA
Publicity John Pugh has completed over 250 murals, and his work has appeared in
articles / media world wide including; Time, L.A. Times, New York Times,
USA Today, Good Morning America, London Sun and Mail, Tokyo Mainichi, BBC World
News, Art Business News, Public Art Review, Artweek, and Southwest Art.
The book `Murals of John Pugh; Beyond Trompe L'oeil' (Random House) is available at
Barnes and Noble, and Amazon.
Phone: 408 835-4341 Address: 143 Van Ness Ave., Ashland, OR 97520
Email: artofjohn@gmail.com Instagram: @artofjohnpugh Website: www.artofjohnpugh.com
1
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•':•Council Business Meeting
February 21, 2023
Agenda Item
Contract with Cornforth Consultants for Federal Energy Regulatory
Commission FERC Comprehensive Assessment CA of Hosler Dam
From
Scott Fleury PE
Public Works Director
Contact
Scott.Fleury(@ashland.or.us
Item Type
Requested by Council ❑ Update ❑ Request for Direction M Presentation ❑
SUMMARY
Before the Council is a contract for professional engineering services with Cornforth Consultants in the
amount of $599,000 for development of the Hosler Dam Comprehensive Assessment (CA). The CA is a
requirement of the Federal Energy Regulatory Commission (FERC) Part 12 program.
POLICIES, PLANS & GOALS SUPPORTED
City Council Goals:
Essential Services
• Drinking Water System
Enhance Value Services:
• Water Conservation
• Address Climate Change
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
BACKGROUND AND ADDITIONAL INFORMATION
The City of Ashland generates hydroelectric power at the Reeder Gulch Powerplant located at the
water treatment plant site adjacent to Ashland Creek. As a generator of hydroelectric power, the
City falls under the regulatory control of FERC, specifically the Part 12 Safety Inspection program. The
Part 12 program is meant to ensure the safe operation of the system and provide protection for the
citizens of Ashland. The City has numerous obligations to adhere to for compliance under the FERC
Part 12 Safety Inspection Guidelines.
As part of the Part 12D requirements, the City is required to hire an independent consultant every
five years to inspect the project and develop a final report that is submitted to FERC for review and
comment. In 2022 an update to Chapter 18 Code of Federal Regulations (CFR) Part 12 was released
Page 1 of 5
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setting new standards for the Dam Safety Inspections that fall under the FERC regulatory umbrella.
The updated program now requires a Comprehensive Assessment (CA) and Periodic Inspection
(PI). The CA and PI are performed on alternating five (5) year schedules and FERC has required the
2023 Part 12-D for the City be the first CA for the project.
The CA is a more detailed safety review than a PI. One key difference between the new CA
and previous Part 12D evaluations is the focus on identifying risk -driving potential failure modes
(PFMs) for the structure. The CA process incorporates a level 2 risk assessment (L2RA) that roughly
follows the semi -quantitative risk assessment (SQRA) methodology developed by the US Army
Corps of Engineers and the Bureau of Reclamation.
The new FERC guidelines outline specific qualifications for personnel performing a CA. The role of
the independent consultant (IC) is similar to that under the previous Part 12D program, but the IC is
now required to have a very broad technical expertise. It is rare for a single IC to possess the
requisite experience in all technical disciplines to meet FERC's requirements. In response to the new
regulations most licensees are using a team that includes multiple (typically two) ICs and several
subject -specific subject matter experts (SMEs) to prepare a CA.
An SME typically has a similar level of experience as an IC, but their role is limited to a specific area
of technical analysis necessary to complete the L2RA and CA. The role of the SME is to help the ICs
and other members of the team understand the loading, path to failure, or consequences of dam
breach so that the risk can be properly quantified in a risk framework. The L2RA component of the
CA requires a risk facilitator and risk analyst to complete the risk evaluation. There are currently very
few individuals in the country that have the requisite training and experience to facilitate an L2RA
under the new regulations. The results of the L2RA are summarized in a risk report that is included as
an appendix to the CA report.
Cornforth Consultants was previously selected through the Request for Proposal -Qualifications
Based Selection Process to perform the 2018 Independent Inspection. Within that solicitation award
it was noticed the selected consultant could provide for additional Part 12 services for an additional
five year term as needed after the completion of the 2018 Inspection. Staff is using this award
process for moving forward with scope and fee negotiations with Cornforth Consultants for the CA
requirement.
The scope of work as part of this personal services contract is focused on developing the formal CA
documents, facilitating the site inspection and L2RA and PFMA workshops. The Council previously
awarded a professional services contract to Cornforth Consultants for development of seismic and
hydrological loading curves needed for the L2RA workshop.
• November 1, 2022 - Staff Report
• November 1, 2022 Council Business Meeting Minutes
Page 2 of 5
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•':•Council Business Meeting
This contract is time sensitive as all work is required to be completed by the end of 2023 and the CA
report submitted to FERC.
Comprehensive Assessment Tasks:
1. Develop Part 12D Inspection Plan and IC Team Proposal
a. IC and team must meet requirements of 12 CFR (D) 12.31
b. IC Approval Requirements: 12 CFR (D) 12.34
c. Facilitators Required for L2RA and PFMA
2. Review of Prior Reports to Develop Pre -Inspection Preparation Report
3. Prepare Pre -Inspection Preparation Report (PIPR)
a. 12 CFR (D) 12.42
4. General Field Inspection
a. 12 CFR (D) 12.32
5. Facilitate, Develop all Requirements and Documentation for the PFMA Session
a. Failure has been revised to include not only the loss of the reservoir, but also the
inability of the project features or components to perform their intended function
and the project features or components performing in an impaired or
compromised fashion. This includes mis operation of project elements.
6. Facilitate, Develop all Requirements Documentation for the L2RA Session
7. Develop full CA Report following Guidelines
a. 12 CFR (D) 12.38
8. Facilitate CA Review Meeting
9. Assist City as needed in Developing Corrective Measures Plan and Schedule
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Figure 1: FERC Part 12 CA Calendar Requirements
Licensee Arthity
Approximate Time
FERC Acthity
FERC-RO Issues Part 12D
18 months before CAR due date
Reminder Letter
FERC-RO hol& bvtial
Participates in Initial Coonalination
1,1: ithin 30 day after Reminder
Coordination Call with
Call
Letter is issued
Licensee
Licensee develops the scope of work, identifies the required disciplines for the IC Tease
and identifies one or more people to senve as the ICs) and facilitators}.
as needed
Submit Part 12D Inspection Plan
At least 6 months in adh-ante of the
to FERC'-Nt'O
first IC Team activity
111ithin 30 d2 s after submission of
FERGIVO responds to
the Part 12D Inspection Plan
Part 12D Inspection Plan
Participates in Second
l -ithin 6 weeks after Appfosral (or
FERC.-RO holds Second
ConddiotW Approval) of the Part
Coordination Call with
Coordination Call
12D Inspection Plan
licensee and IC Team
IC Team perfor m their mien of existing information,
prepares the CA-PIPR and provides it to the Licensee
Submit CA-PIPR to FERC-RO
At least 30 daj^s prior to the first IC
Team acthitc
Voldthin 2 w;eeLN after submittal of
FERC-RO Responds to the
the CA-PIPR
CA-PIPR
Site Inspection
Date(s)p�re�sirnuiy coordinated
Attends Site In motion
PF�lt4
PF�i4
with all parties in ach ance
�ltternds
Lewl 2 NskAnah'.sis
1.4ttaids Level ? RiskAnahsis
IC Team prepares the CAR and provides it to the Licensee
Submit CAR to FERC-RO
Due Date as stated in the Part 12D
Reminder Letter
Submit CAR Review- Meeting
At least ;t days prior to the CAR
Presentation to FERC-RO
Rmieu- Meeting
CAR Rosier �lfeeffng
l61ithin 60 days after submitting the
Attends CAR Review .fleeting
CAR
Submit Plan and Schedule to
Within 60 days after submitting the
address IC Recommendations to
CAR
FERC-RO
FERC miews the CAR
FERC-RO responds to the
CAR
tsota text in6cates an item that nut ae sutmmntea m or issued try- the trtcL_
Itabazed teat indicates an in -person or teleccnfffence acuity.
L%derhned text that spans across all three colon ins repuesents an activity, either by the LicenseeIC Team, or the
FERC, that does not require fa mul comriatnicatian or coordination.
FISCAL IMPACTS
The proposed fee for the scope of work is $599.000 and a portion of the overall project cost will come from
existing appropriations within the Water Fund between now and the end of the biennium. A significant
percentage of the work will be conducted in fiscal year 2024 and staff will need to request additional
appropriations through the 2023-2025 Budget Process for this work. In discussion with Cornforth the expectation
Page 4 of 5
•� Council Business Meeting
is approximately 25% of the project cost will occur prior to June 301t', 2023 and the remaining 75% to be expended
between July 1, 2023 and June 30th 2024.
DISCUSSION QUESTIONS
Does the Council have any questions about the CA process?
SUGGESTED NEXT STEPS
Next steps include issuing notice to proceed after award of contract.
MOTIONS
I move to approve a Legal Department approved professional services contract with Cornforth Consultants Inc.
in an amount not to exceed $599,000.
REFERENCES & ATTACHMENTS
Attachment #1: Professional Services Contract with Cornforth Consultants
Attachment #2: Request for Proposal
Attachment #3: FERC Comprehensive Assessment Notification Letter
Page 5 of 5
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PERSONAL SERVICES AGREEMENT (GREATER THAN $35,000.00)
CONSULTANT: Cornforth Consultants Inc.
CITY OF CONSULTANT'S CONTACT: Gerry Heslin
ASH LAN D
20 East Main Street ADDRESS: 10250 SW Greenburg Road, Suite 111
Ashland, Oregon 97520 Portland, Oregon 97223
Telephone: 541/488-5587 TELEPHONE: (503) 452-1100
Fax: 541 /488-6006
This Personal Services Agreement (hereinafter "Agreement") is entered into by and between the
City of Ashland, an Oregon municipal corporation (hereinafter "City") and Cornforth Consultants Inc. a
domestic business corporation ("hereinafter "Consultant"), for 2023 Hosler Dam Comprehensive
Assessment Workshop.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the City and
Consultant hereby agree as follows:
1. Effective Date and Duration: This Agreement shall become effective on the date of execution
on behalf of the City, as set forth below (the "Effective Date"), and unless sooner terminated as
specifically provided herein, the Agreement is terminated upon the City's affirmative acceptance
of Consultant's Work as complete and Consultant's acceptance of the City's final payment therefore.
The work shall be completed no later than June 30, 2024.
2. Scope of Work: Consultant will provide the 2023 Hosler Dam Comprehensive Assessment
Workshop as more fully set forth in the Consultant's Proposal dated January 30, 2023, which is
attached hereto as "Exhibit A" and incorporated herein by this reference. Consultant's services
are collectively referred to in this Agreement as the "Work."
3. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other
supporting documents shall be construed to be mutually complementary and supplementary
wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this
Agreement itself shall control over any conflicting provisions in any of the exhibits or supporting
documents.
4. All Costs Borne by Consultant: Consultant shall, at its own risk, perform the Work described
above and, unless otherwise specified in this Agreement, furnish all labor, equipment, and
materials required for the proper performance of such Work.
Page 1 of 7: Personal Services Agreement with Cornforth Consultants Inc.
5. Qualified Work: Consultant has represented, and by entering into this Agreement now
represents, that all personnel assigned to the Work to be performed under this Agreement are
fully qualified to perform the service to which they will be assigned in a skilled and worker -like
manner and, if required to be registered, licensed or bonded by the State of Oregon, are so
registered, licensed and bonded. Work will be completed within generally accepted standards of
professional care followed by practitioners in the same locality and under similar conditions.
6. Compensation: City shall pay Consultant the sum of $599,000.00 (five hundred ninety-nine
thousand dollars) as full compensation for Consultant's performance of all Work under this
Agreement. In no event shall Consultant's total of all compensation and reimbursement under
this Agreement exceed the sum of $599,000.00 (five hundred ninety-nine thousand dollars)
without the express, written approval from the City official whose signature appears below, or
such official's successor in office. Payments shall be made within thirty (30) days of the date of
receipt by the City of Consultant's invoice. Should this Agreement be terminated prior to
completion of all Work, payments will be made for any phase of the Work completed and
accepted as of the date of termination.
7. Ownership of Work/Documents: All Work, work product, or other documents produced in
furtherance of this Agreement belong to the City, and any copyright, patent, trademark
proprietary or any other protected intellectual property right shall vest in and is hereby assigned
to the City.
8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated
by reference into this Agreement: ORS 27913.220, 27913.230 and 279B.235.
9. Living Wage Requirements: If the amount of this Agreement is $24,050.68 or more,
Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a
living wage, as defined in that chapter, to all employees performing Work under this Agreement
and to any Subcontractor who performs 50% or more of the Work under this Agreement.
Consultant is also required to post the notice attached hereto as "Exhibit B" predominantly in
areas where it will be seen by all employees.
10. Indemnification: Consultant hereby agrees to defend, indemnify, save, and hold City, its
officers, employees, and agents harmless from any and all losses, claims, actions, costs,
expenses, judgments, or other damages resulting from injury to any person (including injury
resulting in death), or damage (including loss or destruction) to property, of whatsoever nature to
the extent caused by Consultant's willful misconduct or negligent acts, errors or omissions
involved with the performance of this Agreement by Consultant (including but not limited to,
Consultant's employees, agents, and others designated by Consultant to perform Work or
services attendant to this Agreement). However, Consultant shall not be held responsible for any
losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, caused solely
by the negligence of City.
11. Termination:
a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent
Page 2 of 7: Personal Services Agreement with Comforth Consultants Inc.
of both parties.
b. City's Convenience. This Agreement may be terminated by City at any time upon not
less than thirty (30) days' prior written notice delivered by certified mail or in person.
C. For Cause. City may terminate or modify this Agreement, in whole or in part, effective
upon delivery of written notice to Consultant, or at such later date as may be established
by City under any of the following conditions:
i. If City funding from federal, state, county or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of
services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in
such a way that the services are no longer allowable or appropriate for purchase under
this Agreement or are no longer eligible for the funding proposed for payments
authorized by this Agreement; or
iii. If any license or certificate required by law or regulation to be held by Consultant to
provide the services required by this Agreement is for any reason denied, revoked,
suspended, or not renewed.
d. For Default or Breach.
i. Either City or Consultant may terminate this Agreement in the event of a breach of
the Agreement by the other. Prior to such termination the party seeking termination
shall give to the other parry written notice of the breach and its intent to terminate. If
the party committing the breach has not entirely cured the breach within fifteen (15)
days of the date of the notice, or within such other period as the party giving the
notice may authorize in writing, then the Agreement may be terminated at any time
thereafter by a written notice of termination by the party giving notice.
ii. Time is of the essence for Consultant's performance of each and every obligation and
duty under this Agreement. City, by written notice to Consultant of default or breach,
may at any time terminate the whole or any part of this Agreement if Consultant fails
to provide the Work called for by this Agreement within the time specified herein or
within any extension thereof.
iii. The rights and remedies of City provided in this subsection (d) are not exclusive and
are in addition to any other rights and remedies provided by law or under this
Agreement.
e. Obligation/Liability of Parties. Termination or modification of this Agreement pursuant
to subsections a, b, or c above shall be without prejudice to any obligations or liabilities
of either parry already accrued prior to such termination or modification. However, upon
receiving a notice of termination (regardless whether such notice is given pursuant to
Subsection a, b, c, or d of this section, Consultant shall immediately cease all activities
under this Agreement, unless expressly directed otherwise by City in the notice of
termination. Further, upon termination, Consultant shall deliver to City all documents,
information, works -in -progress and other property that are or would be deliverables had
Page 3 of 7: Personal Services Agreement with Comforth Consultants Inc.
the Agreement been completed. City shall pay Consultant for Work performed prior to
the termination date if such Work was performed in accordance with this Agreement.
12. Independent Contractor Status: Consultant is an independent contractor and not an employee
of the City for any purpose. Consultant shall have the complete responsibility for the
performance of this Agreement. Consultant shall provide workers' compensation coverage as
required in ORS Chapter 656 for all persons employed to perform Work pursuant to this
Agreement. Consultant is a subject employer that will comply with ORS 656.017.
13. Assignment: Consultant shall not assign this Agreement or subcontract any portion of the Work
without the written consent of City. Any attempted assignment or subcontract without written
consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of
any assigns or subcontractors and of all persons employed by them, and the approval by City of
any assignment or subcontract of the Work shall not create any contractual relation between the
assignee or subcontractor and City.
14. Default. The Consultant shall be in default of this Agreement if Consultant: commits any
material breach or default of any covenant, warranty, certification, or obligation under the
Agreement; institutes an action for relief in bankruptcy or has instituted against it an action for
insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on
a regular basis of the type identified in its obligations under the Agreement; or attempts to assign
rights in, or delegate duties under, this Agreement.
15. Insurance. Consultant shall, at its own expense, maintain the following primary and non-
contributory insurance:
a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject
employers to provide Oregon workers' compensation coverage for all their subject workers
b. Professional Liability insurance with a combined single limit, or the equivalent, of not less
than $2,000,000 (two million dollars) per occurrence, and $3,000,000 (three million dollars)
aggregate. This is to cover any damages caused by error, omission or negligent acts related
to the Work to be provided under this Agreement.
c. General Liability insurance with a-combinedsingle limit, or the equivalent, of not less than
$2,000,000 (two million dollars) per occurrence, and $3,000,000 (three million dollars)
aggregate, for Bodily Injury, Death, and Property Damage.
d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less
than $1,000,000 (one million dollars) for each accident for Bodily Injury and Property
Damage, including coverage for owned, hired or non -owned vehicles, as applicable.
e. Notice of cancellation or chance. There shall be no cancellation, material change, reduction
of limits or intent not to renew the insurance coverage(s) without thirty (30) days' prior
written notice from the Consultant or its insurer(s) to the City.
f. Additional Insured/Certificates of Insurance. Consultant shall name the City of Ashland,
Oregon, and its elected officials, officers and employees as Additional Insureds on any
insurance policies, excluding Professional Liability and Workers' Compensation, required
herein, but only with
Page 4 of 7: Personal Services Agreement with Comforth Consultants Inc.
respect to Consultant's services to be provided under this Agreement. The consultant's
insurance is primary and non-contributory. As evidence of the insurance coverages required
by this Agreement, the Consultant shall furnish acceptable insurance certificates prior to
commencing the Work under this Agreement. The certificate will specify all of the parties
who are Additional Insureds. Insuring companies or entities are subject to the City's
acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall
be provided to the City. The Consultant shall be financially responsible for all pertinent
deductibles, self -insured retentions, and/or self-insurance.
16. Nondiscrimination: Consultant agrees that no person shall, on the grounds of race, color,
religion, creed, sex, marital status, familial status or domestic partnership, national origin, age,
mental or physical disability, sexual orientation, gender identity or source of income, suffer
discrimination in the performance of any Work under this Agreement when employed by
Consultant. Consultant agrees to comply with all applicable requirements of federal and state
civil rights and rehabilitation statutes, rules and regulations. Further, Consultant agrees not to
discriminate against a disadvantaged business enterprise, minority -owned business, woman -
owned business, a business that a service -disabled veteran owns or an emerging small business
enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A. 110.
17. Consultant's Compliance With Tag Laws:
17.1 Consultant represents and warrants to the City that:
17.1.1 Consultant shall, throughout the term of this Agreement, including any extensions
hereof, comply with:
(i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and
ORS Chapters 316, 317, and 318;
(ii) Any tax provisions imposed by a political subdivision of the State of Oregon
applicable to Consultant; and
(iii) Any rules, regulations, charter provisions, or ordinances that implement or
enforce any of the foregoing tax laws or provisions.
17.1.2 Consultant, for a period of no fewer than six (6) calendar years preceding the Effective
Date of this Agreement, has faithfully complied with:
(i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and
ORS Chapters 316, 317, and 318;
(ii) Any tax provisions imposed by a political subdivision of the State of Oregon
applicable to Consultant; and
(iii) Any rules, regulations, charter provisions, or ordinances that implement or
enforce any of the foregoing tax laws or provisions.
18. Notice. Whenever notice is required or permitted to be given under this Agreement, such notice
shall be given in writing to the other party by personal delivery, by sending via a reputable
commercial overnight courier, by mailing using registered or certified United States mail, return
receipt requested, postage prepaid, or by electronically confirmed at the address or facsimile
number set forth below:
Page 5 of 7: Personal Services Agreement with Comforth Consultants Inc.
If to the City:
City of Ashland - Public Works Department
Attn: Contract Administrator
20 E. Main Street
Ashland, Oregon 97520
Phone: (541) 488-5587
With a copy to:
City of Ashland - Legal Department
20 E. Main Street
Ashland, Oregon 97520
Phone: (541) 488-5350
If to Consultant:
Cornforth Consultants
10250 SW Greenburg Road, Suite 111
Portland, Oregon 97223
19. Governing Law. This Agreement shall be governed by the laws of the State of Oregon without
regard to conflict of laws principles. Exclusive venue for litigation of any action arising under
this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless
exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal
district court for the district of Oregon. Each party expressly waives any and all rights to
maintain an action under this Agreement in any other venue, and expressly consents that, upon
motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so
as to effectuate this choice of venue.
20. Amendments. This Agreement may be amended only by written instrument executed by both
parties with the same formalities as this Agreement.
21. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds
currently available and authorized for expenditure to finance the costs of this Agreement within
the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts
under this Agreement attributable to Work performed after the last day of the current fiscal year
is contingent on City appropriations, or other expenditure authority sufficient to allow City in the
exercise of its reasonable administrative discretion, to continue to make payments under this
Agreement. In the event City has insufficient appropriations, limitations or other expenditure
authority, City may terminate this Agreement without penalty or liability to City, effective upon
the delivery of written notice to Consultant, with no further liability to Consultant.
22. Standard of Care. Consultant shall perform services consistent with the professional skill and
care ordinarily provided by consultants practicing in the same or similar locality under the same
or similar circumstances ("Standard of Care"). The Consultant shall perform services as
Page 6 of 7: Personal Services Agreement with Comforth Consultants Inc.
expeditiously as is consistent with such professional skill and care and the orderly progress of the
Project. Notwithstanding any other representations made elsewhere in this Agreement or in the
execution of the Project, this Standard of Care shall not be modified.
23. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE
UNDERSTANDING AND AGREEMENT BETWEEN THE PARTIES. NO WAIVER,
CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH
WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE
ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN.
THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL
OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT.
CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY
ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTANDS IT,
AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
24. Certification. Consultant shall sign the certification attached hereto as "Exhibit C" which is
incorporated herein by this reference.
CITY OF ASHLAND: CORNFORTH CONSULTANTS (CONSULTANT):
By: By:
City Manager Signature
Printed Name Printed Name
Date Title
Date
Purchase Order No.
(W-9 is to be submitted with this signed Agreement)
Page 7 of 7: Personal Services Agreement with Comforth Consultants Inc.
APPROVED AS TO FORM:
CavwleiiS. ZaWaw
2/15/23
Assistant City Attorney
Date
Page 8 of 7: Personal Services Agreement with Comforth Consultants Inc.
EXHIBIT R
City of Ashland
LIVING
WAGE
per hour, effective June 30, 2022.
PrIr, The Living Wage is adjusted annually every
June 30 by the Consumer Price Index.
➢ For all hours worked under a
service contract between their
employer and the City of
Ashland if the contract
exceeds $24,050.68 or more.
➢ For all hours worked in a
month if the employee spends
50% or more of the
employee's time in that month
working on a project or
portion of business of their
employer, if the employer has
ten or more employees, and
has received financial
assistance for the project or
business from the City of
Ashland in excess of
$24,050.68.
➢ If their employer is the City of
Ashland, including the Parks
and Recreation Department.
➢ In calculating the living wage,
employers may add the value
of health care, retirement,
401 K and IRS eligible
cafeteria plans (including
childcare) benefits to the
amount of wages received by
the employee.
➢ Note: For temporary and
part-time employees, the
Living Wage does not apply
to the first 1040 hours worked
in any calendar year. For
more details, please see
Ashland Municipal Code
Section 3.12.020.
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator,
City Hall, 20 East Main Street, Ashland, OR 97520, or visit the City's website at www.ashland.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it can be
seen by all employees.
CITY OF
-ASH LAN D
Page l of 1 EXHIBIT B
EXHIBIT C
CERTIFICATIONS/REPRESENTATIONS: Consultant, by and through its authorized
representative, under penalty of perjury, certifies that (a) the number shown on the attached W-9
form is its correct taxpayer ID (or is waiting for the number to be issued'to it and (b) Consultant
is not subject to backup withholding because: (i) it is exempt from backup withholding, or (ii) it
has not been notified by the Internal Revenue Service (IRS) that it is subject to backup
withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified
it that it is no longer subject to backup withholding. Consultant further represents and warrants
to City that: (a) it has the power and authority to enter into this Agreement and perform the
Work, (b) the Agreement, when executed and delivered, shall be a valid and binding obligation
of Consultant enforceable in accordance with its terms, (c) the work under the Agreement shall
be performed in accordance with the highest professional standards, and (d) Consultant is
qualified, professionally competent, and duly licensed (if applicable) to perform the Work.
Consultant also certifies under penalty of perjury that its business is not in violation of any
Oregon tax laws, it is an independent contractor as defined in the Agreement, it is authorized to
do business in the State of Oregon, and Consultant has checked four or more of the following
criteria that apply to its business.
(1) Consultant carries out the work or services at a location separate from a private
residence or is in a specific portion of a private residence, set aside as the location of
the business.
(2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
(3) Telephone listing is used for the business separate from the personal residence
listing.
(4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are performed for two or more different persons within a period
of one year.
(6) Consultant assumes financial responsibility for defective workmanship or for
service not provided as evidenced by the ownership of performance bonds,
warranties, errors and omission (professional liability) insurance or liability insurance
relating to the Work or services to be provided.
Consultant's signature
Date
Page 1 of 1 EXHIBIT C
CORNFORTH
C O N S U L T A N T S
January 30, 2023
Scott Fleury, P.E.
Public Works Director
City of Ashland Public Works
20 East Main Street
Ashland, Oregon 97520
Proposal for Engineering Support REV 1
2023 Hosler Dam Comprehensive Assessment
Ashland, Oregon
Dear Scott,
P-1781
In accordance with your request, we are pleased to submit this proposal to provide engineering
support related to the 2023 Federal Energy Regulatory Commission (FERC) Comprehensive
Assessment at Hosler Dam. The proposed services include performing the site inspection, completing
a risk assessment of the project, and preparing the comprehensive assessment report. This work would
utilize work products currently being developed under a separate authorization. This letter provides a
summary of our proposed work tasks and an estimate of costs to complete these tasks.
FERC released new guidelines for their Part 12D program in December 2021. The new program
modifies the previous Part 12D review, and outlines requirements for periodic inspections (PIS) and
comprehensive assessments (CAs) that are to be performed alternately on a 5-year cycle. The PI is
similar to a consultant safety inspection report (CSIR) completed under the previous Part 12D
program. The CA is a more detailed safety review than a PI. One key difference between the new CA
and previous Part 12D evaluations is the focus on identifying risk -driving potential failure modes
(PFMs) for the structure. The CA process incorporates a level 2 risk assessment (L2RA) that roughly
follows the semi -quantitative risk assessment (SQRA) methodology developed by the US Army Corps
of Engineers and the Bureau of Reclamation.
The new FERC guidelines outline specific qualifications for personnel performing a CA. The role of
the.independent consultant (IC) is similar to that under the previous Part 12D program, but the IC is
now required to have a very broad technical expertise. It is rare for a single IC to possess the requisite
experience in all technical disciplines to meet FERC's requirements. In response to the new regulations
most licensees are using a team that includes multiple (typically two) ICs and several subject -specific
subject matter experts (SMEs) to prepare a CA. An SME typically has a similar level of experience as
an IC, but their role is limited to a specific area of technical analysis necessary to complete the L2RA
and CA. The role of the SME is to help the ICs and other members of the team understand the
10250 SW Greenburg Road, Suite 111 1 Portland I Oregon 97223 Page 1 1 of 6
Main (503) 452-1100 1 CornforthConsultants.com
Proposal for Engineering Support Services P-1781
2023 Hosler Dam Comprehensive Assessment
loading, path to failure, or consequences of dam breach so that the risk can be properly quantified in
a risk framework. The L2RA component of the CA requires a risk facilitator and risk analyst to
complete the risk evaluation. There are currently very few individuals in the country that have the
requisite training and experience to facilitate an L2RA under the new regulations. The results of the
L2RA are summarized in a risk report that is included as an appendix to the CA report.
To satisfy the requirements outlined in the new Part 12D program, we propose to team with Gannett
Fleming to complete the L2RA and CA reporting. Based on our review of the new FERC guidelines,
we plan to execute the inspection using two ICs. This is based on the fact that one IC cannot typically
comment on all the engineering disciplines involved for a typical dam safety assessment. For Hosler
Dam, we believe that a team of two ICs covering geotechnical/geology and structural engineering
would meet the requirements outlined in the Engineering Guidelines. The ICs would require support
from SMEs in the fields of hydrology and hydraulics (H&H), engineering geology, and seismicity. The
ICs would also be assisted by a dedicated risk facilitator during the L2RA. The facilitator is
knowledgeable about dam safety issues and guides the discussion but does not determine risk for
individual failure modes.
TASK 1— INITIAL COORDINATION
The L2RA and CA reporting involve coordinating work between the consultant team, the City, and
FERC. The CA is a significant change from the previous Part 12 inspection program the FERC
administered. We anticipate portions of the approach will develop based on discussions with FERC
as they work through the logistics of the new rules. Our approach will be to present the approach for
the CA as outlined below and adjust if necessary, based on FERC's responses. Task 1 includes effort
to coordinate work items and schedule to outline deliverables and confirm that the planned approach
for the CA meets FERC expectations. Task 1 would also include effort necessary to assemble and
disseminate project information from the City's project files to the inspection team.
TASK 2 — PART 12 INSPECTION PLAN
As part of the new CA Report program, FERC requires a Part 12 Inspection Plan document be
prepared in advance of the work. The document presents the credentials for the proposed ICs and
any subject matter experts that will support the inspection. It also presents the inspection team's
understanding of the project, its setting, and any particular concerns that the team will focus on. We
propose to use the inspection plan document to lay out the planned logistics for the L2RA and site
inspection since these tasks will involve a mix of virtual and in -person workshops. The inspection plan
document is typically prepared by the licensee and submitted to FERC. We propose to prepare the
text of the document so that the City can submit the plan to FERC on City letterhead. We have
budgeted to provide the City with a draft document and revise the draft to address City comments.
For estimating purposes, we have assumed that our team would consist of ICs covering the
geotechnical and structural engineering disciplines. Our ICs would be supported by subject matter
experts in the fields of H&H, engineering geology, and seismicity. The inspection and L2RA would
be facilitated by a three -person risk team; a lead facilitator, a risk analyst, and a note -taker. ICs generally
January 30, 2023 Page 12 of 6
Proposal for Engineering Support Services P-1781
2023 Hosler Dam Comprehensive Assessment
participate in all aspects of the CA process, while subject matter experts are called on to help inform
the risk team on questions related to their specialty.
The Part 12 Inspection Plan document must be submitted to FERC six months before the first
planned IC activity. This unusually long lead time facilitates a very detailed review of the qualifications
presented for the ICs and SMEs as well as the risk facilitator. FERC will deliver their comments to
the licensee and then schedule a second coordination call with the City within 6 weeks of completing
their review of the Part 12 Inspection Plan. Once the team for the Part 12 is approved by FERC, the
team can begin reviewing documents and analyses of record for the project.
TASK 3 — PRE -INSPECTION PREPARATION REPORT
As part of the new CA Report program, FERC added the pre -inspection preparation report (PIPR)
as a required submittal. The PIPR follows a similar outline as the CA report and allows the licensee to
demonstrate that the Part 12 team has completed the necessary preparation to conduct the Part 12
inspection. The content of the PIPR is based solely on a review of documents provided by the licensee,
but we anticipate that the preliminary conclusions outlined in the PIPR will ultimately be supported
by the results of the site inspection and L2RA. Developing the PIPR essentially requires the ICs and
subject matter experts to review all the background information for the project and write a preliminary
version of the CA report without the required appendices. For estimating purposes, we have assumed
that the digital project archive (DPA) for Hosler is complete and cross referenced to the STID.
The PIPR must be submitted at least 30 days before the first IC team activity. FERC will issue
comments on the PIPR within two weeks.
TASK 4 — SITE INSPECTION AND L2RA
This task includes effort necessary to perform the inspection of Hosler Dam as well as to conduct the
L2RA. Based on recent experience with FERC's pilot projects for their risk -informed decision -making
policy, we propose to conduct this task using a combination of virtual and in -person meetings. A read -
ahead package would be prepared for those participating in the L2RA. The first task for the L2RA is
similar to a potential failure modes analysis. We propose to brainstorm, screen, and develop potential
failure modes (PFMs) during a two-day virtual meeting. After the meeting, the PFMs developed by
the group would be consolidated with those already included in the PFMA report (Section 1 of the
supporting technical information document). The consolidated list of PFMs would be distributed to
L2RA participants for review in advance of the site inspection. For estimating purposes, the PFM
brainstorming and screening meeting would be attended by the two ICs, the risk facilitator and risk
analyst, and two structural engineers.
We propose to convene the group of L2RA participants at the site to perform an inspection of the
facilities. We anticipate that the City would lead this tour similar to how previous Part 12 inspections
have been performed. Following the site inspection, the group would convene at the City offices for
the L2RA. The L2RA involves reviewing PFMs for the project and evaluating them within a risk -
informed framework. The meeting typically -begins by outlining the project history for the workshop
participants. Probabilistic loading for hydrologic and seismic load cases are presented to the group
January 30, 2023 Page 13 of 6
Proposal for Engineering Support Services P-1781
2023 Hosler Dam Comprehensive Assessment
along with an assessment of the consequences of dam breach. The overall goal of the L2RA is to
identify risk -driving PFMs that control the overall project risk. The L2RA will require support from
subject matter experts, so it is helpful if the meeting room has web-conferencing capability. Based on
the number of PFMs currently developed for the Hosler Dam development, we anticipate that the
bulk of the PFMs for the project could be evaluated in a four -day in -person meeting. For estimating
purposes, the L2RA include the two ICs, the risk facilitator and risk analyst, and two structural
engineers. The subject matter experts for H&H and seismicity would call -in when needed to provide
technical guidance.
In our experience, there are typically several clean-up tasks or items that require additional materials
to properly estimate the risk of project PFMs. We recommend budgeting for a 6ne-week virtual
meeting to complete the L2RA. Following the virtual meeting, the PFMs discussed are consolidated
and summarized in a set of meeting notes. The meeting notes will become an appendix for the risk
analysis report (Task 6). For estimating purposes, the L2RA follow-up meeting would involve the
same team that attended the in -person meeting at the dam. The subject matter experts for engineering
geology, H&H and seismicity would call in as needed.
Once the site inspection and L2RA are completed, the team would begin work preparing the risk
report and CA report. The PFMA report for Hosler Dam was updated as a follow-up to the last Part
12 report. For costing purposes, we have assumed that the PFMs developed and tabulated as part of
the L2RA would satisfy the requirements outlined in the new FERC guidelines and that a new PIMA
report is not necessary for this CA.
TASK 5 — COMPREHENSIVE ASSESSMENT REPORT
The CA report is the FERC deliverable that replaced the Part 12 consultant safety inspection report.
The document builds upon the material prepared for the PIPR document (Task 3 above) and is the
deliverable that summarizes the opinions and recommendations of the independent consultant team.
The CA report would include several required appendices that are not included with the PIPR. Our
team would prepare a draft report for the City to review and we would address any comments in a
final report that the City could e-file with FERC. We have assumed that the existing PIMA report
would be sufficient to include as Appendix I of the CA report. The L2RA workshop will involve
developing similar content to that included in the existing PIMA report. In our opinion, a new PIMA
report and a new Risk Analysis Report would duplicate efforts and provide little additional value from
a dam safety standpoint.
The CA report for Hosler Dam is due to FERC by the end of December 2023. Within 60 days of
submitting the CA report, the City and IC team present the conclusions outlined in the CA report to
FERC in a virtual meeting (Task 7 below).
TASK 6 — RISK ANALYSIS REPORT
The risk analysis report summarizes the procedures, discussions, and results of the L2RA following
the format outlined in FERC's Engineering Guidelines. The purpose of the report is to document the
January 30, 2023 Page 14 of 6
Proposal for Engineering Support Services P-1781
2023 Hosler Dam Comprehensive Assessment
risk assessment in a way that would allow the City to move to a quantitative risk assessment if
necessary. The risk analysis report would ultimately be included as Appendix J in the CA report.
The risk analysis report is typically prepared in parallel with the CA report.
TASK 7 — COMPREHENSIVE ASSESSMENT REPORT MEETING
The new CA program outlines a CA meeting the is to be conducted shortly after the CA report is
submitted to FERC. We understand that the CA meeting is a summary of the work and key
conclusions that are included in the CA report. We anticipate that the meeting would be a virtual
meeting and that approximately two hours should be budgeted. The consultant team would prepare
PowerPoint slides for the meeting. The slides for the meeting are submitted to FERC at least 7 before
the CA report meeting to give FERC a chance to prepare for the meeting.
As part of Task 7, we have included effort to review comments from FERC on the CA report and
help the City prepare responses. If the comments require modest edits that can be completed within
the budgeted time, our team would update the CA report accordingly. In the event that FERC's
comments require additional analysis, we would assist the City in developing a plan and schedule to
address FERC's comment.
TASK 8 - PM, COORDINATION AND MEETINGS
Effort necessary to manage overall project activities, balance staffing resources, coordinate with
subconsultants, and prepare budget and status update reports would be included in Task 8. For costing
purposes, we have assumed that we would hold four checkpoint meetings with the City during the
course of the work. These are intended to be virtual check -ins to revisit progress on deliverables,
request any additional information needed by the design team and to outline upcoming work. Task 8
also includes effort to review questions and/or responses from FERC and assist the City with
developing a plan and schedule to respond to the comments. Brief written status reports would be
provided monthly and would include hours expended by CCI as well as Gannett Fleming.
SCHEDULE AND ESTIMATED COST
Our estimated costs to complete the tasks outlined above is a Not -to -Exceed sum of $599,000. The
total amount would not be exceeded without your prior approval. A breakdown of the costs is
provided below. We are prepared to begin work immediately upon receiving Notice -to -Proceed from
the City and estimate that we could complete the scope of work by the end of December 2023. We
have assumed that this work would be performed under the terms and conditions of our existing
contract for Project #2018-15 dated June 6, 2018.
As presented above, the CA report process requires a series of events to be scheduled far in advance.
This schedule combined with the limited pool of personnel that meet FERC's requirements for the
CA team result in a long schedule. For reference, we have attached the Typical Timeline for a CA that
is included in Chapter 16 of FERC's Engineering Guidelines.
January 30, 2023 Page 15 of 6
Proposal for Engineering Support Services
P-1781
2023 Hosler Dam Comprehensive Assessment
Task
Labor
Subconsultant
Total
Task 1 — Initial Coordination
$7,000
$9,000
$16,000
Task 2 — Part 12 Inspection Plan
$20,000
$13,000
$33,000
Task 3 — Pre -Inspection Preparation Report
$43,000
$70,000
$113,000
Task 4 — Site Inspection and L2RA
$59,000
$182,000
$241,000
Task 5 — Comprehensive Assessment Report
$59,000
$41,000
$100,000
Task 6 — Risk Analysis Report
$5,000
$53,000
$58,000
Task 7 — Comprehensive Assessment Report Meeting
$9,000
$10,000
$19,000.
Task 8 — PM, Coordination, Reporting
$19,000
$19,000
Not -to -Exceed Total:
$599,000
CLOSING
We appreciate the opportunity to assist the City with this challenging project. If you have any questions
related to the proposed scope of work, please call us at (503) 452-1100.
Sincerely,
CORNFORTH CONSULTANTS, INC.
za
Gerry M. Heslin
Vice President
Enclosure: Table 3 from Ch. 16 of FERC Engineering Guidelines
January 30, 2023 Page 16 of 6
Table 3: Typical Timeline, Comprehensive Assessment
Licensee Activity
Approximate Time
FERC Activity
18 months before CAR due date
FERC-RO Issues Part 12D
Reminder Letter
Participates in Initial Coordination
Within 30 days after Reminder
FERC-RO holds Initial
Call
Letter is issued
Coordination Call with
Licensee
Licensee develops the scone of work, identifies the required disciplines for the IC Team,
and identifies one or more people to serve as the IC(s) and facilitator(s), as needed
Submit Part 12D Inspection Plan
At least 6 months in advance of the
to FERC-WO
first IC Team activity
Within 30 days after submission of
FERC-WO responds to
the Part 12D Inspection Plan
Part 12D Inspection Plan
Participates in Second
Within 6 weeks after Approval (or
FERC-RO holds Second
Coordination Call
Conditional Approval) of the Part
Coordination Call with
12D Inspection Plan
Licensee and IC Team
IC Team performs their review of existing information,
prepares the CA-PIPR, and provides it to the Licensee
Submit CA-PIPR to FERC-RO
At least 30 days prior to the first IC
Team activity
Within 2 weeks after submittal of
FERC-RO Responds to the
the CA-PIPR
CA-PIPR
Site Inspection
Date(s)Attends
previously coordinated
Site Inspection
PFMA
Attends PFMA
with all parties in advance
Level Risk Analysis
Attends Level 2 Risk Analysis
IC Team prepares the CAR and provides it to the Licensee
Submit CAR to FERC-RO
Due Date as stated in the Part 12D
Reminder Letter
Submit CAR Review Meeting
At least 7 days prior to the CAR
Presentation to FERC-RO
Review Meeting
CAR Review Meeting
Within 60 daysCAR after submitting the
Attends CAR Review Meeting
Submit Plan and Schedule to
Within 60 days after submitting the
address IC Recommendations to
CAR
FERC-RO
FERC reviews the CAR
FERC-RO responds to the
CAR
Bold text indicates an item that will be submitted to or issued by the FERC.
Italicized text indicates an in -person or teleconference activity.
Underlined text that spans across all three columns represents an activity, either by the Licensee, IC Team, or the
FERC, that does not require formal communication or coordination.
16-10
REQUEST
FOR
QUALIFICATIONS BASED
PROPOSALS
Engineering Services for the Development of
PROJECT # 2018-15
FERC INDEPENDENT CONSULTANT FOR PART 12 SAFETY INSPECTION AND DAM
SAFETY REPORT— HOSLER DAM
PROJECT NO:
2018-15
PROJECT TYPE:
Engineering Services
PROPOSALS DUE:
MARCH 1, 2018, Not later than 2:00 PM,
SUBMIT PROPOSALS TO:
City of Ashland Public Works -
Engineering, at 51 Winburn Way,
Ashland OR 97520;
or by mail to:
20 E. Main Street, Ashland, OR 97520
CITY PROJECT MANAGER:
Paula Brown, P.E., Public Works Director
PROJECT DURATION:
Phase 1: FERC Part 12 Safety Inspection
Report Due November 1, 2018
Phase 2: Part 12 Services through
December 1, 2023
C_\
CITY OF
-ASHLAND
PUBLIC WORKS ENGINEERING
20 E. MAIN STREET
ASHLAND OR 97520
541/488-5587
TABLE OF CONTENTS
TABLEOF CONTENTS..............................................................................................................................................1
ADVERTISEMENT...................................................................................................................................................3
SECTION1 - PROJECT OVERVIEW............................................................................................................................5
1.1
OBJECTIVES......................................................................................................................................................5
1.2
BACKGROUND INFORMATION..............................................................................................................................5
1.3
REFERENCE DOCUMENTS....................................................................................................................................6
SECTION2
-SCHEDULE ...........................................................................................................................................6
SECTION3
-SCOPE OF SERVICES.............................................................................................................................6
3.1
GENERAL REQUIREMENTS...................................................................................................................................6
3.2
SPECIFIC REQUIREMENTS....................................................................................................................................7
SECTION 4
- EVALUATION CRITERIA........................................................................................................................
8
4.1
PROJECT APPROACH (20 POINTS POSSIBLE)..........................................................................................................8
4.2
PROJECT EXPERIENCE (20 POINTS POSSIBLE).........................................................................................................8
4.3
PROJECT TEAM EXPERIENCE (30 POINTS POSSIBLE)................................................................................................8
4.4
PROPOSER'S DEMONSTRATED ABILITY TO SUCCESSFULLY COMPLETE SIMILAR PROJECTS ON TIME AND WITHIN BUDGET (30
POINTSPOSSIBLE)..........................................................................................................................................................8
4.5
TERMINATION FOR DEFAULT (PASS OR FAIL)..........................................................................................................9
4.6
SCORING.........................................................................................................................................................9
SECTION 5
- EVALUATION PROCESS AND CONSULTANT SELECTION........................................................................9
5.1
REVIEW AND ACKNOWLEDGMENT OF DEFECTIVE PROPOSALS....................................................................................9
5.2
RIGHT OF REJECTION..........................................................................................................................................9
5.3
REFERENCES...................................................................................................................................................10
5.4
RESPONSIBILITY...............................................................................................................................................10
5.5
CLARIFICATION OF RESPONSE............................................................................................................................10
5.6
INTERVIEWS...................................................................................................................................................11
5.7
FINALIST SELECTION.........................................................................................................................................11
5.8
TIES AMONG PROPOSERS..................................................................................................................................11
5.9
NOTICE OF INTENT TO AWARD...........................................................................................................................11
5.10
CONTRACT NEGOTIATION.................................................................................................................................11
5.11
PROTEST PROCEDURES.....................................................................................................................................12
5.12
RESULTING CONTRACT.....................................................................................................................................13
SECTION6
- CONTRACT........................................................................................................................................13
6.1
CONTRACT FORM............................................................................................................................................13
6.2
BUSINESS LICENSE REQUIRED............................................................................................................................14
6.3
INSURANCE REQUIREMENTS..............................................................................................................................14
6.4
LAWS AND REGULATIONS..................................................................................................................................14
SECTION 7
- INSTRUCTIONS TO PROPOSERS.........................................................................................................15
7.1
GENERAL.......................................................................................................................................................15
7.2
INFORMATION OF RECORD................................................................................................................................15
7.3
PROPOSAL PREPARATION AND FORMAT...............................................................................................................15
7.4
SIGNATURE ON PROPOSAL................................................................................................................................15
7.5
PREPARATION COSTS.......................................................................................................................................15
7.6
CONFORMANCE TO SOLICITATION REQUIREMENTS.................................................................................................15
7.7
DEFINITIONS..................................................................................................................................................15
1
7.8
QUESTIONS AND CLARIFICATIONS.......................................................................................................................16
7.9
PROTEST OF REQUIREMENTS.............................................................................................................................16
7.10
PROTEST OF CONTRACT AWARD.........................................................................................................................17
7.11
PROPOSAL MODIFICATION................................................................................................................................17
7.12
PROPOSAL WITHDRAWALS................................................................................................................................17
7.13
PROPRIETARY INFORMATION.............................................................................................................................17
7.14
TERMS AND CONDITIONS..................................................................................................................................18
7.15
PROPOSAL OPENING........................................................................................................................................18
SECTION8 - PROPOSAL FORM.............................................................................................................................. 19
APPENDIX A- CONTRACT FORM INCLUDING EXHIBIT A........................................................................................ 21
APPENDIXB - FORM W-9...................................................................................................................................... 21
APPENDIX C - CITY OF ASHLAND LIVING WAGE....................................................................................................21
APPENDIX D-CERTIFICATION REGARDING LOBBYING..........................................................................................28
PFF11
ADVERTISEMENT
CITY OF ASHLAND PUBLIC WORKS — REQUEST FOR PROPOSALS
PROFESSIONAL ENGINEERING SERVICES
The City of Ashland (City) is seeking professional services for Project 2018-15 FERC INDEPENDENT
CONSULTANT FOR PART 12 SAFETY INSPECTION AND DAM SAFETY REPORT — HOSLER DAM. This
purpose of this project is to meet Federal Energy Regulatory Commission (FERC) requirements related to
Part 12 Safety Inspection. The project will include, but is not specifically limited to, the following tasks
and phases:
PHASE 1: COMPLETION OF THE FERC PART 12 D SAFETY INSPECTION.
Phase 1 of the project will include, but is not specifically limited to, the following tasks:
• Independent Consultant/Lead Investigator must be approved or able to be approved by FERC.
• Engineering evaluation and report on the condition of Hosler Dam in accordance with FERC Part
12 Safety Inspection Guidelines.
• Review of Potential Failure Modes Analysis (PFMA) Report, and resubmittal of PFMA Report to
FERC consistent with current format outlined in Chapter 14 of the FERC Engineering Guidelines.
• Submittal to FERC to be completed no later than November 1, 2018.
• Prepare for and make presentations to Engineering Staff and to the City Council as appropriate.
• Provide final report and presentation materials.
• Respond to City and FERC Comments.
• Anticipate completion of Phase 1 within 90 days of submission to FERC.
PHASE 2: RETAINAGE AS THE APPROVED FERC INDEPENDENT CONSULTANT FOR THE REMAINDER OF
THE 5 YEAR PERIOD (through December 1, 2023)
• Any specific work during this period will be contracted separately.
Proposals must be physically received MARCH 1, 2018, Not later than 2:00 PM, (main lobby clock), in
the City of Ashland Public Works Engineering Office located at 51 Winburn Way, Ashland OR 97520, or
by mail at 20 E. Main Street, Ashland, OR 97520. Proposers mailing proposals should allow normal
delivery time to ensure the timely receipt of their proposals. Any proposal received after the date and
time set for receipt of proposals will not be considered and will be returned to the proposer unopened.
For further information, contact the City's Project Manager, Paula Brown, P.E., Public Works Director at
541/488-5587 or by email at paula.brown@ashland.or.us. Consultant selection is anticipated to result in
the issuance of a contract for engineering services in the form provided in this RFP.
Proposal documents may be downloaded from the Oregon Procurement Information Network (ORPIN).
Any addendum that may be issued, relating to this proposal will be available from ORPIN and potential
proposers are cautioned to continuously monitor the site for updates and addendum.
All proposals shall be submitted as set forth in Section 7 - Instructions to Proposers. The City is not
responsible for proposals submitted in any manner, format, or to any delivery point other than as
required by this Solicitation Document. Proposals shall be limited to 8 pages and must include an
Oregon Professional Engineer and American Institute of Architecture Architect as key members.
Consultant selection will be based upon weighed criteria as set forth in the Solicitation Document and
will include criteria such as (but not limited to): similar project experiences, general experience, staffing
availability, schedule and response time.
The City of Ashland reserves the right to reject any and all proposals, to waive formalities or to accept
any proposal which appears to serve the best interest of the City of Ashland.
Paula C. Brown, PE, Public Works Director
CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
REQUEST FOR PROPOSALS
PROJECT NO.2018-15
FERC INDEPENDENT CONSULTANT FOR PART 12 SAFETY INSPECTION AND
DAM SAFETY REPORT— HOSLER DAM
SECTION 1- PROJECT OVERVIEW
1.1 Objectives
The City of Ashland (City) is seeking professional engineering services for Project 2018-15 FERC
INDEPENDENT CONSULTANT FOR PART 12 SAFETY INSPECTION AND DAM SAFETY REPORT — HOSLER
DAM in accordance with Federal Energy Regulatory Commission (FERC) Part 12 Safety Inspection
Guidelines.
It is anticipated that the same FERC approved engineer will complete both phases of the project. Each
phase will be negotiated and awarded separately through the City of Ashland Contract for Personal
Services. However, award of Phase I, does not specifically guarantee award of Phase 2 to the same
engineer, firm or team. If the City so chooses, the City may select a different consultant for subsequent
phases through a separate formal selection process.
The project will include, but is not specifically limited to, the following tasks and phases:
1.1.1 PHASE 1: COMPLETION OF THE FERC PART 12 D SAFETY INSPECTION.
The project will include but is not specifically limited to the following tasks:
• Independent Consultant/Lead Investigator must be approved or able to be approved by FERC.
• Engineering evaluation and report on the condition of Hosler Dam in accordance with FERC Part
12 Safety Inspection Guidelines.
• Review of Potential Failure Modes Analysis (PFMA) Report, and resubmittal of PFMA Report to
FERC consistent with current format outlined in Chapter 14 of the FERC Engineering Guidelines.
• Submittal to FERC to be completed no later than November 1, 2018.
• Prepare for and make presentations to Engineering Staff and to the City Council as appropriate.
• Provide final report and presentation materials.
• Respond to City and FERC Comments.
• Anticipate completion of Phase 1 within 90 days of submission to FERC.
1.1.2 PHASE 2: RETAINAGE AS THE APPROVED FERC INDEPENDENT CONSULTANT FOR THE
REMAINDER OF THE 5 YEAR PERIOD (through December 1, 2023)
• Any specific work during this period will be contracted separately.
1.2 Background Information
Hosler Dam is a variable radius concrete arch dam constructed in 1928 in the Ashland Watershed
canyon. It impounds water from both the East and West Forks of Ashland Creek, which have small
concrete diversion dam structures on each fork. There are no other major streams or other reservoirs
upstream from Hosler Dam. The Ashland Watershed canyon diverts water from Mount Ashland (a peak
of 7,533 feet). Hosler Dam, also known as Reeder Gulch, is owned and operated by the City of Ashland's
Department of Public Works. The dam is founded on light -gray, medium -grained granite rock of the
Ashland Pluton. The original design and evaluations have certified hard, sound, granite with excellent
bearing capacity. The dam is constructed of reinforced concrete and the foundations are sound.
The dam has been inspected several times in recent years by registered structural engineers and has
been certified as structurally sound. Hosler Dam is situated on Ashland Creek in the southwestern part
of the State of Oregon, three miles south of the City of Ashland and approximately 200 miles south of
Salem, Oregon. Hosler Dam is 118 feet high and impounds approximately 800 acre-feet of water behind
the dam in what is commonly referred to as Reeder Reservoir. Reeder Reservoir is the primary raw
water source for the City of Ashland.
The powerhouse is operated by the City of Ashland's Electric Department in conjunction with the
operations at the City's water treatment plant. The powerhouse was part of the original construction.
The current generator was replaced after the 1997 flood. The current configuration utilizes a Pelton
wheel turbine with an 810-kW horizontal shaft generator.
1.3 Reference Documents
The City has had several safety inspections and has a current safety surveillance and monitoring plan.
The most recent "Part 12" was completed by URS (AECOM) Consultants in May 2013; Seventh
Independent Consultant Safety Inspection Report. In addition, the City has recently authorized the
following work to be completed by AECOM by the end of April 2018:
• Update project rating curve.
Update erodibility report based upon the revised streampower calculations.
Update the STID for the PMF analysis to ensure compliance with FERC Chapter 14 Guidelines for
the Evaluation of Hydropower Projects.
This work will be made available to the selected consultant. As these documents contains critical energy
infrastructure information, they are not available for general public release.
SECTION 2 - SCHEDULE
The schedule of events listed below represent City's estimated schedule for this request for proposal.
This schedule is SUBECT TO CHANGE and will be adjusted as required.
EVENT
DAILY COUNT (CALENDAR DAYS)
DATE
1.
Request for Proposal Released
0
1/30/2018
2.
Last Date for Request for changes/Protest
for Specifications/Questions
10 days prior to Proposal Closing
2/19/2018
3.
Last Date for City to Post Addenda
3 days prior to Proposal Closing
2/26/2018
4.
Closing Date (last day to submit Proposals)
-30 days after Proposal Release
3/1/2018
5.
Responses Evaluated
15 days after Closing Date
3/16/2018
6.
Interviews Held (if necessary)
2S+ days after Closing Date
3/26/2018
7.
Intent to Award Announced
30 days after Closing Date
3/30/2018
8.
Contract Negotiations
40 days after Closing Date
4/10/2018
9.
Expected Project Completion
9 months after Contract Award
1/10/2019
SECTION 3 - SCOPE OF SERVICES
3.1 General Requirements
• Personnel, Materials, & Equipment: The Consultant shall provide qualified and competent personnel
and shall furnish all supplies, equipment, tools and incidentals required to accomplish the work. All
materials and supplies shall be of good quality and suitable for the assigned work.
Safety Equipment: The Consultant shall provide and use all safety equipment including, and not
limited to hard hats, safety vests and clothing required by State, Federal regulations and
Department policies and procedures.
Professional Responsibilities: The Consultant shall perform the work using the standards of care,
skill and diligence normally provided by a professional in the performance of such services in respect
to similar work and shall comply will all applicable codes and standards.
• Project Management: The Consultant and the City staff will meet as required during project
duration. The objectives of the meeting will include reviewing the scope, budget, schedule and
deliverables. The Consultant will organize and manage the consultant project team and coordinate
with city project manager and City staff.
Monthly Invoices and Progress Reports: The Consultant shall prepare monthly invoices and progress
reports including the following:
- Work Completed during the month by work task as a percentage of completion.
- Needs for Additional Information, Reviews, or Changes to the Scope of Work.
- Scope, Schedule, and Budget Issues and Changes.
3.2 Specific Requirements
The City of Ashland (City) is seeking a professional engineering services for Project 2018-15 FERC
Independent Consultant to complete a Part 12 Safety Inspection and Dam Safety Report for Hosler Dam.
Hosler Dam and its associated hydroelectric facilities (also known, inclusively, as the Reeder Gulch
Project #1107-OR) are regulated by the Federal Energy Regulatory Committee (FERC)
3.2.1 PHASE 1: COMPLETION OF THE FERC PART 12 D SAFETY INSPECTION.
This purpose of this project is to meet Federal Energy Regulatory Commission (FERC) requirements
related to Part 12 Safety Inspection. FERC has specific guidelines that must be meet prior to initiating
the Part 12 Safety Inspection including approval by FERC of the Independent Consultant.
The project will include but is not specifically limited to the following tasks:
• Independent Consultant/Lead Investigator must be approved or able to be approved by FERC.
• Prepare for and make presentations to Engineering Staff and to the City Council as appropriate.
• Engineering evaluation and report on the condition of Hosler Dam in accordance with FERC Part
12 Safety Inspection Guidelines. This will be the eighth Independent Consultant's Safety Report.
Prior safety reports will be available once the Independent Consultant is under contract and has
been approved by FERC.
• Review the updated project rating curve (to be completed by AECOM not later than April 2018).
• Review the updated erodibility report (to be completed by AECOM not later than April 2018).
• Review the updated STID for the PMF analysis.
• Review the Potential Failure Modes Analysis (PFMA) Report, and resubmit any required PFMA
Report to FERC consistent with current format outlined in Chapter 14 of the FERC Engineering
Guidelines.
• Review of the PFMA Report will include review of previously identified potential failure modes,
evaluation of the assigned categorizations and risk reduction measures, and the full
development of any new potential failure modes that may be identified.
• Coordination of the Hosler Dam field inspection and the PFMA review with FERC's Portland
Regional Office so that FERC may attend both. For planning purposes it is anticipated that a half -
day to one full -day PMFA review with FERC will suffice.
• Submittal to FERC to be completed no later than November 1, 2018.
• Prepare for and make presentations to Engineering Staff and to the City Council as appropriate.
• Provide a final report, along with presentation materials (both digital and print copies).
• Respond to City and FERC Comments.
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• Anticipate completion of Phase 1 within 90 days of submission to FERC.
3.2.2 PHASE 2: RETAINAGE AS THE APPROVED FERC INDEPENDENT CONSULTANT FOR THE
REMAINDER OF THE 5 YEAR PERIOD (through December 1, 2023)
The purpose of this phase includes responding to and completing specific tasks required by FERC
related to the Part 12 safety inspection. Each task element in Phase 2 will be negotiated and
awarded separately through the City of Ashland Contract for Personal Services.
SECTION 4 - EVALUATION CRITERIA
Written proposals will be evaluated and scored and a contract may be awarded based upon the
proposer's qualifications and experience as described below:
4.1 Project Approach (20 Points Possible)
Provide a description of your firm's approach to complete a FERC Part 12 Safety Inspection and
Dam Safety Report for Hosler Dam. Include a summary of prior partnerships with FERC and city
staffs. Include a summary of your quality control program.
4.2 Project Experience (20 Points Possible)
a. Describe how your firm is organized and how its resources will be utilized to complete the work.
b. Provide a summary of relevant FERC related program experience.
c. Provide a concise description of at least three projects in the last 10 years, involving similar work
to those listed in the scope of work.
d. Indicate which members of the proposed project team, if any, who worked on the example
projects, and their involvement. These team members should be included in the Key Persons
list submitted in 6.3(b) below.
e. Indicate your contingency plan should the FERC approved independent consultant/lead
investigator is unable to complete the project.
f. Submit references for three of the projects described above. Include the Owners name,
organization name, contact name, contact email and phone.
4.3 Project Team Experience (30 Points Possible)
a. Provide a description of the proposed organizational structure to be used for the project.
b. Provide a list of the key staff proposed for this project ("Key Person(s)"). Be specific on the
individual that will be named as the Independent Consultant responsible for FERC compliance.
This individual must be approved by FERC prior to any contract execution. Provide a concise
summary of each key person(s)'s role, and a description of their relevant experience for this
project.
c. Submit resumes that support each Key Person's relevant experience. No more than five resumes
should be submitted as Appendix A, and will not count against page limit.
d. Indicate which individual will manage the project and be the primary contact. Indicate the
specific experience this individual has managing project similar to the proposed treatment plant
outfall project.
e. State the estimated proportion of each Key Person's time that will be spent on City's project vs.
total time spent on all Key Person's projects during the term of contract.
4.4 Proposer's Demonstrated Ability to Successfully Complete Similar Projects on Time and Within
Budget (30 Points Possible)
For each of the three (3) projects listed in response to 6.2(c), provide a discussion of whether the project
was completed on time and on budget or needed to be revised. Briefly explain the reason for any
revisions, and what attempts were made to bring the project back on schedule and within budget.
4.5 Termination for Default (Pass or Fail)
Proposers shall indicate if they have had a contract terminated for default in the last five years.
Termination for default is defined as notice to stop performance that was delivered to the Proposer
due to the Proposer's non-performance or poor performance and the issue of performance was
either (a) not litigated due to inaction on the part of the Proposer, or (b) litigated and determined
that the Proposer was in default.
NOTE: If a Proposer has had a contract terminated for default in this period, then the Proposer shall
submit full details including the other party's name, address and phone number. City of Ashland
will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of past
performance.
4.6 Scoring
CATEGORY
POSSIBLE POINTS
POINTS SCORING
1.
Project Approach
20
2.
Project Experience
20
3.
Project Team Experience
30
4.
Demonstrated Ability to Successfully
Complete Projects on Time and Within Budget
30
5.
Termination for Default
PJ F
Total
100
SECTION 5 - EVALUATION PROCESS AND CONSULTANT SELECTION
Proposals will be reviewed and evaluated by an evaluation committee of reviewers consisting of at least
three City employees. The total number of points possible for written proposals is 100 and an additional
100 points may be scored through the interview process.
5.1 Review and Acknowledgment of Defective Proposals
Due to limited resources, City generally will not completely review or analyze proposals that on
their faces fail to comply with the minimum mandatory requirements of the solicitation documents
nor will City generally investigate the references or qualifications of such proposals. Therefore, City
will not acknowledge whether or not an unsuccessful proposal was complete, responsive,
responsible, sufficient, or lawful in any respect. This is a public solicitation, the processes and
procedures which are established and required by Oregon law and City adopted rules. Proposers
are advised to strictly follow the process, procedures, and requirements as set forth in the RFP
documents and not anticipate or rely on any opportunity to negotiate, beyond such limitations that
are identified herein.
5.2 Right of Rejection
Proposers must comply with all terms of the RFP, City Rules, and all applicable local, state, and
federal laws, administrative rules and regulations. The City may reject any proposal that does not
comply with all of the material and substantial terms, conditions, and performance requirements of
the RFP.
Proposers may not qualify the proposal nor restrict the rights of City. If a Proposer does so, the City
may determine the proposal to be a non -responsive counter-offer and the proposal may be
rejected.
Minor informalities that may be waived include:
• do not affect responsiveness,
• are merely a matter of form or format,
• do not change the relative standing or otherwise prejudice other offers,
• do not change the meaning or scope of the RFP,
• are trivial, negligible, or immaterial in nature,
• do not reflect a material change in the work, or,
• do not constitute a substantial reservation against a requirement or provision.
City reserves the right to refrain from making an award if the City determines that to be in its best
interest.
A proposal from a debarred or suspended Proposer shall be rejected.
5.3 References
City reserves the right to investigate any and all references and the past performance information
provided in the proposal with respect to Respondent's successful performance of similar projects,
compliance with specifications and contractual obligations, completion or delivery of a project on a
schedule, and lawful payment of employees and workers.
City reserves the right to check any and all sources for information and to include sources for
information and to include sources other than the references provided in the Proposer's proposal.
City may consider information available from any such source including government bodies and
regulatory authorities in evaluating respondents.
5.4 Responsibility
City reserves the right to investigate and evaluate, at any time prior to award and execution of the
Contract, the apparent successful Proposer's responsibility for performing the Contract.
Submission of a signed proposal shall constitute approval for City to obtain any information City
deems necessary to conduct evaluation. City reserves the right to request additional information or
documentation from the successful Proposer prior to award of contract. Such information may
include, but is not limited to, current and recent balance sheets, income statements, cash flow
statements, or a performance bond from an acceptable surety. Failure to provide this information
will result in rescission of City's Intent to Award.
City may postpone the award of Contract after announcement of the apparent successful Proposer
in order to complete its investigation and evaluation. Failure of the apparent successful Proposer
to demonstrate responsibility shall render the Proposer non -responsible and shall constitute
grounds for rejection of the proposal.
5.5 Clarification of Response
City reserves the right to request clarification of any item in any proposal, or to request additional
information necessary to properly evaluate a particular proposal. All request for clarification and
responses shall be in writing.
During the evaluation of Proposals, Proposers must respond to any request for clarification from
the Evaluation Committee within 24 hours of request (Monday through Friday). Inability of the
Evaluation Committee to reach a Proposer for clarification and/or failure of a Proposer to respond
within the time stated may result in rejection of the Proposer's Proposal.
10
5.6 Interviews
The outcome of the proposal evaluations may result in placement on an interview (short-listed)
with time and date of the interview. Should City elect to hold interviews, the total additional points
possible for the interview will be 100.
City may invite up to three (3) of the highest -ranked firms (or at a natural break in scoring) to
interview. The Firm's Key Persons, as identified by City shall be prepared to attend the interview
within five (S) business days of notification by City, and shall be prepared to answer questions
provided with the Interview Invite letter, and questions that will be provided at the time of the
interview, and discuss the Firm's proposed project approach.
5.7 Finalist Selection
The firm with the highest total score as a result of written proposal scoring and interview scoring, if
conducted, will be considered the Finalist, and all other firms will be ranked according to next
highest score, etc.
5.8 Ties among Proposers
If City determines after the ranking of potential firms, that two or more of them are equally
qualified to be the Finalist, City may select a candidate through any process that the City believes
will result in the best value for taking into account the scope, complexity and nature of the Work.
The process shall instill public confidence through ethical and fair dealing, honesty and good faith
on the part of City and Proposers and shall protect the integrity of the Public contracting process.
As part of the procedure for choosing the Finalist between two or more equally qualified
candidates, City may elect to give a preference to a local consulting firm.
5.9 Notice of Intent to Award
After the completion of the evaluation and ranking, the City will issue a written Notice of Intent to
Award, naming the Finalist, and send copies to all Proposers.
5.10 Contract Negotiation
City will begin negotiating the fees for the project, along with expanded scope of work detail,
with the highest ranked Proposer and specifically, conduct direct negotiations toward obtaining
written agreement on:
a) Contractor's performance obligations and schedule; and any expansion of the Scope of
Work.
b) Contractor's fees, payment methodology, and a maximum amount payable to
Contractor for the Work required under the Contract that is fair and reasonable to City
determined solely by City, taking into account the value, scope, complexity and nature
of work.
c) Any other provisions City believes to be in the City's best interest to negotiate.
d) Initial negotiations will be based upon Contract Phase 1.
City shall, either orally or in writing, formally terminate negotiations with the highest ranked
Proposer if City and Proposer are unable for any reason to reach agreement on a Contract
within a reasonable amount of time. City may thereafter negotiate with the second ranked
Proposer, and if necessary, with the third ranked Proposer, and so on, until negotiations result
in a Contract. If negotiations with any Proposer do not result in a Contract within a reasonable
amount of time, as determined solely by City, City may end the particular formal solicitation.
Nothing in the rule precludes City from proceeding with a new formal solicitation for the same
Work described in the RFP that failed to result in a Contract.
11
5.11 Protest Procedures
City shall provide to all Proposers a copy of the selection notice that City sent to the highest
ranked Proposer. A Qualified Proposer who claims to have been adversely affected or aggrieved
by the selection of the highest ranked Proposer may submit a written protest of the selection to
the City. A Proposer submitting a protest must claim that the protesting Proposer is the highest
ranked Proposer because the Proposals of all higher ranked Proposers failed to meet the
requirements of the RFP or because the higher ranked Proposers otherwise are not qualified to
perform the Architectural, Engineering, or Land Surveying Services, or Related Services
described in the RFP.
Eligible Proposers protesting award shall follow the procedures described herein. Protests that
do not follow these procedures shall not be considered. This protest procedure constitutes the
sole administrative remedy available to Proposers.
a) Protests must be received within seven (7) days after issuance of the notice of intent to
award the Contract. City will not consider late protests.
b) All protests must be in writing, signed by the protesting party or an authorized Agent. The
protest must specify the grounds for the protest to be considered by the City
c) Protests based on procedural matters will not be considered.
d) City's Public Works Director will review the protest and will fax and mail the protesting party
a written response within three (3) business days of receipt of the written protest to the fax
number and address provided in the bid of proposal. Any written response may be
comprised of a determination of the protest, a notice to the protesting party of the need for
additional time in which to evaluate the matter, or other notice to the protesting party.
e) If the Public Works Director's determination (response) is adverse to the protester, any
further appeal of the Public Works Director's determination by the party must be submitted
in writing to the City Administrator within three (3) business days of issuance of the Public
Works Director's determination (response).
f) The City Administrator will review any appeal of the Public Works Director's determination
and shall fax and mail, in accordance with the fax number and address provided in the
proposal, the protesting party a written response within three (3) business days of receipt of
written appeal.
g) If the determination of the City Administrator is adverse to the protesting party's interest,
the protesting party may only appeal to the City Council by filing a written notice of appeal
to the Council with the City Administrator within two (2) business days of issuance of the
City Administrator's written determination.
h) The Council, in considering the protest, shall review the documentation presented to the
Public Works Director and the City Administrator on the next regularly scheduled Council
Meeting, but in no event shall they be required to review in less than ten (10) business days,
and thereafter, base their decision on such material. The Council review will be limited to
the evaluation of compliance with City's policies and procedures, requirements of the RFP
and the equal and fair application of City's contracting rules. The City Council's
determination shall be City's final decision.
12
An adversely affected or aggrieved proposer must exhaust all avenues of administrative
remedies before seeking judicial review of City's Consultant selection or Award of Contract
decision.
5.12 Resulting Contract
Upon reaching final agreement in regards to fees and final scope of work with an awarded
Proposer, City will issue a Personal Services Contract ('PSC"), in substantially the form as found
in the Appendix of this RFP document. The PSC will include the City's Standard Terms and
Conditions and the final scope of work and fees.
SECTION 6 - CONTRACT
6.1 Contract Form
The consultant selected by the City will be expected to enter into a written contract in substantially the
same form as attached to this RFP. The proposal should indicate acceptance of the City's contract
provisions. Suggested reasonable alternatives that do not substantially impair City's rights under the
contract may be submitted as outlined under Section 5.11. Unconditional refusal to accept contract
provisions will result in proposal rejection.
Contract Duration —
• Phase 1: Submittal to FERC to be completed no later than November 1, 2018. Anticipate
completion of Phase 1 within 90 days of submission to FERC.
• Phase 2: Retainage as approved FERC IC through December 1, 2023.
Contract Payment — Contingent upon City's need, consultant's performance and availability of approved
funding, City reserves the right to amend the contract (within the scope of the project described in this
RFP) for additional tasks, project phases and compensation as necessary to complete a particular
project. Proposers are advised that the award and potential dollar amount of the contract under this
RFP will be contingent upon approval by the Ashland City Council acting as the Contract Review Board.
Payment will be made for completion of, or acceptable monthly progress on, tasks and deliverables in
conformance with contract requirements and applicable standards. The method of compensation will
be determined by the City and may be based upon any one or combination of the following methods:
• Cost plus fixed -fee, up to a maximum NTE amount
• Fixed price for all services. Fixed price per deliverable. Fixed price per milestone
• Time and materials, up to a maximum NTE amount (City preferred method)
• Price per unit
Ashland Living Wage Requirements — Consultant is required to comply with Chapter 3.12 of the Ashland
Municipal Code by paying at least the living wage as established by the City of Ashland on June 30, 2017
($14.81 per hour):
• For all hours worked under a service contract between their employer and the City if the
contract exceeds $20,688.86 or more.
• For all hours worked in a month if the employee spends 50% or more of the employee's time in
that month working on a project or portion of business of their employer, if the employer has
ten or more employees and has received financial assistance for the project or business from
the City in excess of $20,688.86.
• Contractor is also required to post the notice included in the appendix predominantly in areas
where it will be seen by all employees.
• In calculating the living wage for full time employees, employers may add the value of health
care, retirement, 401K and IRS eligible cafeteria plans, and other benefits to the employee's
13
wages. The City of Ashland Living Wage Statement is appended to the sample contract included
in the appendix.
6.2 Business License Required
The selected consultant must have or acquire a current City of Ashland business license prior to
conducting any work under the contact.
6.3 Insurance Requirements
Contactor shall at its own expense provide the following insurance:
a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject
employers to provide Oregon workers' compensation coverage for all their subject workers.
b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than
$2,000,000 per occurrence. This is to cover damages caused by any error, omission, or negligent
act related to the professional services to be provided under the contract.
c. General Liability insurance with a combined single limit, or the equivalent, of not less than
$2,000,000 per occurrence for bodily injury and property damage. It shall include contractual
liability coverage for the indemnity provided under the contract.
d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than
$1,000,000 per occurrence for each accident for bodily injury and property damage, including
coverage for owned, hired or non -owned vehicles, as applicable.
e. Notice of Cancellation or Change. There shall be no cancellation, material change, reduction of
limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the
contractor or its insurer(s) to the City.
Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as additional insurers on any insurance policies required herein
but only with respect to contractor's services to be provided under this contract. As evidence of the
insurance coverage required by this contract, the contractor shall furnish acceptable insurance
certificates prior to commencing work under this contact. The certificate will specify all of the parties
who are additional insures. The consultant's insurance is primary and non-contributory. Insuring
companies or entities are subject to the City's acceptance. If requested, complete copies of insurance
policies; trust agreements, etc. shall be provided to the City. The contractor shall be financially
responsible for all pertinent deductibles, self -insured retention and/or self-insurance.
6.4 Laws and Regulations
The proposer is assumed to be familiar with all Federal, State, County or City laws or regulations, which
in any manner affect those engaged or employed in the work or the materials or equipment used or
which in any way affect the conduct of the work, and no pleas of misunderstanding will be considered
on account of ignorance thereof. If the proposer shall discover any provision in these specifications or
project information, plans or contract documents which is contrary to or inconsistent with any law or
regulations, they shall report it to the City of Ashland in writing.
All work performed by the contractor shall be in compliance with all Federal, State, County and local
laws, regulations and ordinances. Unless otherwise specified, the contractor shall be responsible for
applying for applicable permits and licenses.
14
SECTION 7 - INSTRUCTIONS TO PROPOSERS
7.1 General
All proposals and any resulting contracts are subject to the provision and requirements of Oregon
Revised Statutes, Sections 279A and 279B. Engineering contracts are further subject to 279C and to the
City of Ashland (City) Municipal Code Section 2.50.
7.2 Information of Record
This Request for Proposal (RFP) will be distributed through the Oregon Procurement Information
Network (ORPIN). All updates, addendum, and related communications will be published through
ORPIN. All prospective proposers are advised to continuously monitor the website for information
regarding this proposal. It is the sole responsibility of the proposer to check the website on a timely
basis for critical information regarding the proposal.
7.3 Proposal Preparation and Format
• Proposals shall be typewritten 12 point font minimum.
• Except for proposer attachments, proposal form and resumes, the proposal shall contain no
more than 8 pages.
• Proposal narrative must follow along with scoring criteria sections
• No oral, telegraphic, telephone or facsimile proposals shall be accepted.
• The electronic submission of a proposal will not be permitted.
• To be considered, all proposals must be received by the City prior to the hour and date of the
advertised proposal closing.
• A total of six originals (wet signatures), and complete proposals shall be submitted to the City
prior to the advertised proposal closing date.
• 1 digital copy of all submitted documents on CD or thumb drive.
7.4 Signature on Proposal
Proposals shall be signed in ink by an authorized representative of the Proposer. Signature on a
proposal certifies that the proposal is made without connection with any person, firm or corporation
making a proposal for the same goods and/or services and is in all respects fair and made without
collusion or fraud. Signature on a proposal also certifies that the Proposer has read, fully understands
and agrees with all solicitation requirements, terms and conditions. No consideration will be given to
any claim resulting from proposing without fully comprehending all requirements of the Request for
Proposals.
7.5 Preparation Costs
The City may cancel a solicitation, whether informal or formal, or reject all proposals, without liability
incurred by City at any time after issuing an RFP, if City believes it is in City's interest to do so.
Consultants responding to RFPs are responsible for all costs they may incur in connection with
submitting Proposals and responses to RFPs, which includes, but is not limited to: submittal preparation,
submittal, travel expenses, interviews, presentations, or evaluation of any proposal.
7.6 Conformance to Solicitation Requirements
Proposals shall conform to the requirements of the Request for Proposals. All necessary attachments
(Bidder Residency information, Independent Contractor Certification, etc.) shall be submitted with the
proposal and in the required format. Failure to comply with all requirements may result in proposal
rejection.
7.7 Definitions
For the purpose of this RFP:
"Agency" or "City" means City of Ashland.
15
"Business days" means calendar days, excluding Saturdays, Sundays and all City recognized
holidays.
"Calendar days" or "days" means any day appearing on the calendar, whether a weekday, weekend
day, national holiday, State holiday or other day.
"Council" means City of Ashland Council
"Department" means the City of Ashland Engineering Department
"Manager" means the City of Ashland Project Manager
"Proposers"- All firms submitting Proposals are referred to as Proposers in this document; after
negotiations, an awarded Proposer will be designated as "Consultant".
"Qualification Based Selection" or "QBS" (for the purposes of this RFP) means evaluations and
scoring of proposals based on qualifications, experiences and project approach, without
considering cost.
"RFP" means Request for Proposal.
"RFQ" means Request for Qualifications.
"Scope of Work" means the general character and range of services and supplies needed to
complete the work's purpose and objectives, and an overview of the performance outcomes
expected by Agency.
"Services" means the services to be performed under the Contract by the Consultant.
"Statement of Work" means the specific provision in the final Contract which sets forth and
defines in detail (within the identified Scope of Work) the agreed -upon objectives,
expectations, performance standards, services, deliverables, schedule for delivery and other
obligations.
7.8 Questions and Clarifications
All inquiries, whether relating to the RFP process, administration, deadline or award, or to the intent or
technical aspects of the services, must be submitted in writing to the City's Project Manager listed in the
advertisement for this RFP, at 20 East Main Street, Ashland, Oregon 97520. All questions must be
received not later than ten (10) calendar days prior to the date and time set for closing.
Answers to questions received by City, which are deemed by City to be substantive, will be issued as
official addenda to this RFP to ensure that all proposers base their proposals on the same information.
When appropriate, as determined by City in its sole discretions, revisions, substitution or clarification of
the RFP or attached terms and conditions, an official addendum to this RFP will be issued. Proposer
shall indicate receipt of all issued addenda by indicating the number of addendum received on the
Proposal Form.
Any addendum or addenda issued by the City which may include changes, corrections, additions,
interpretations or information, and issued seventy-two (72) hours or more before the scheduled closing
time for submission of bids, Saturday, Sunday and legal holidays not included, shall be binding upon the
proposer. The City may elect to email addendum to registered proposers but will do so as a courtesy
only. All official addendums will be issued through ORPIN and it shall be the proposer's sole
responsibility to acquire any and all addendum pertaining to RFP. The proposer is strongly cautioned to
monitor this site on a continual basis.
7.9 Protest of Requirements
Proposers may submit a written protest of any provision, specification or contract term contained in this
RFP and may request a change to any provision, specification or contract term contained in this RFP, not
later than ten (10) calendar days prior to the advertised proposal closing date.
A proposer's written protest must meet the following requirements:
• A detailed statement of the legal and factual grounds for the protest.
• The reason for the protest or request for change.
W.
A statement of the form of relief requested or any proposed changes to the specifications or
contract document.
All protests shall be mailed or otherwise delivered to the City marked as follows:
PROPOSAL PROTEST
Proposal No. 2018-15
City of Ashland Public Works Dept.
ATTN: Paula Brown, P.E., Public Works Director
20 East Main St
Ashland, OR 97520
City Response: The City may reject without consideration a proposer's protest after the deadline
established for submitting protest. The City shall provide notice to the applicable proposer if it entirely
rejects a protest. If the City agrees with the proposer's protest, in whole or in part, the City shall either
issue an addendum reflecting its determination or cancel the solicitation.
Extension of Closing: If the City receives a written protest from a proposer in accordance with this rule,
the City may extend closing if the City determines an extension necessary to consider the protest and to
issue addenda, if any, to the solicitation of document.
Judicial review of the City's decision relating to a specification protest shall be in accordance with ORS.
279B.405.
7.10 Protest of Contract Award
Every proposer who submits a proposal shall be notified of its selection status. Any proposer who claims
to have been adversely affected or aggrieved by the selection or any proposer who contends that the
provisions of the RFP or any aspect of the procurement process has promoted favoritism in the award of
the contract or has substantial diminished competition, must file a written protest to the RFP within
seven (7) calendar days after the date of the selection notice. Failure to file a protest will be deemed a
waiver of any claim by an offeror that the procurement process violates any provision of ORS Chapter
279A, 279B, 279C the City of Ashland Local Contract Review Board Rules or the City's procedures for
screening and selection of persons to perform personal services.
7.11 Proposal Modification
Modifications or erasures made before proposal submission shall be initialed in ink by the person signing
the proposal. Proposals, once submitted, may be modified in writing before the time and date set for
proposal closing. Any modification shall be prepared on company letterhead, shall be signed by an
authorized representative, and shall state that the new document supersedes or modifies prior proposal
submissions and any other prior proposal modifications. Proposal modifications shall be submitted in a
sealed envelope clearly marked "Proposal Modification," identifying the RFP number and closing date
and time. Proposers may not modify proposals after proposal closing date and time.
7.12 Proposal Withdrawals
Proposals may be withdrawn in writing on company letterhead signed by an authorized representative
and received by the Engineering Services Manager prior to the RFP closing time. Proposals may be
withdrawn in person before closing time upon presentation of appropriate identification.
7.13 Proprietary Information
The City is subject to the Oregon Public Law (ORS 192.410 to 192.505), which require the City to disclose
all records generated or received in the transaction of City business, expect as expressly exempted in
ORS 192.501, 192.502, or other applicable law. Examples of exemptions that could be relevant include
trade secrets (ORS 192.50 (2)) and computer programs (ORS 192.501(15)). The City will not disclose
17
records submitted by a Proposer that are exempt from disclosure under the Public Records Law, subject
to the following procedures and limitations.
The entire RFP cannot be marked confidential; nor shall any pricing be marked confidential.
All pages containing the records exempt from disclosure shall be marked "confidential" and segregated
in the following manner:
• It shall be clearly marked in bulk and on each page of the confidential document.
• It shall be kept separate from the other RFP documents in a separate envelope or package
• Where the specification conflicts with other formatting and response instruction specifications,
this specification shall prevail.
• Where such conflict occurs, the Proposer is instructed to respond with the following: "Refer to
confidential information enclosed."
• This statement shall be inserted in the place where the requested information was to have been
placed.
Proposers who desire that additional information be treated as confidential must mark those pages as
"confidential"; cite as a specific statutory basis for the exemption, and the reasons why the public
interest would be served by the confidentially. Should a proposal be submitted as described in this
section no portion of it can be held as confidential unless that portion is segregated as described in the
criteria above.
Notwithstanding the above procedures, the City reserves the right to disclose information that the City
determines, in its sole discretion, is not exempt from disclosure or that the City is directed to disclose by
the City's Attorney, the District Attorney, or a court of competent jurisdiction. Prior to disclosing such
information, the City will notify the Proposer. If the Proposer disagrees with the City's decision, the City
may, but is not required to, enter into an agreement not to disclose the information so long as the
Proposer bears the entire cost, including reasonable attorney's fees, of any legal action, including any
appeals, necessary to defend or support a no -disclosure decision.
7.14 Terms and Conditions
Unless an official addendum has modified or reserved the right to negotiate any terms contained in the
contract or exhibits thereto, City will not negotiate any term or condition after the protest deadline,
except the statement of work, pricing and calendar with the selected proposer. By proposal submission,
the selected proposer agrees to be bound by the terms and conditions as set forth in this RFP and as
they may have been modified or reserved by City for negotiation. Any proposal that is received
conditioned upon City's acceptance of any other terms and conditions or rights to negotiate will be
rejected.
7.15 Proposal Opening
Unless otherwise provided by Law or Rule, proposals received in response to this Request for Proposals
shall be publicly opened at scheduled closing date and time at the Engineering Services Building at 51
Winburn Way, Ashland, Oregon 97520. Proposers who attend the RFP opening shall be informed only of
the names of the Proposers submitting proposals. No other information shall be available and no copies
of the proposals shall be made. Award decisions will NOT be made at the opening.
18
SECTION 8 - PROPOSAL FORM
Proposals should be prepared and organized in a clear and concise manner, and must include all
information required by RFP. Headers, Titles or Tabs should be used to identify required information.
Responses to the Evaluation Criteria found in Section 6 shall be organized in the same order listed in
that Section, preferably by re -stating the Criteria, then responding below.
REQUIRED RESPONSE DOCUMENTS
THE FOLLOWING INFORMATION MUST BE RETURNED WITH YOUR RESPONSE:
(Place a check in front of the item indicating inclusion in your response)
❑ RESPONSE TO ALL EVALUATION CRITERIA listed in Section 6
❑ SECTION 8 — Proposal Form
❑ Bidder Residency Information
❑ Independent Contractor Certification
MWESB INFORMATION
City encourages contracting with minority owned, woman owned, and emerging small business
(MWESB). The State of Oregon offers a certification process. Indicate below if your business is a
MWESB and if so, which categories have been state certified. MWESB certified? Yes_ No If yes,
indicate which categories below:
Minority Owned_ Woman Owned_ Emerging Small Business_ Veteran Owned_
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO PROPOSAL DOCUMENTS:
Proposer acknowledges receipt of Addenda and agrees to be bound by their contents.
Circle each RFP addendum received: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10
Check if not applicable or no addenda were received:
OSBEELS / OSBGE / ORBAE No.(s)
Provide name(s), title(s), and certification number(s) for each Key Person listed under Section 6.3 (b).
Attach additional sheet if necessary)
Name:
Title:
Certification No:
Name:
Title:
Certification No:
Name:
Title:
Certification No:
Name:
Title:
Certification No:
Name:
Title:
Certification No:
Name:
Title:
Certification No:
19
PROPOSER INFORMATION:
Proposer Company Name
Company Address (from which work will be performed)
Telephone Number Fax Number FEDERAL ID NUMBER
Person Signing RFP
Signature:
Email Add
Title
20
APPENDIX A- CONTRACT FORM INCLUDING EXHIBIT A,
APPENDIX B - FORM W-9
APPENDIX C - CITY OF ASHLAND LIVING WAGE
21
Contract for Personal Services
CITY OF
CONSULTANT:
-AS H LAND
CONTACT:
20 East Main Street
Ashland, Oregon 97520
ADDRESS:
Telephone: 541 /488-6002
Fax: 541/488-5311
TELEPHONE:
EMAIL:
EFFECTIVE DATE:
TERM/COMPLETION DATE:
NOT TO EXCEED AMOUNT:
SERVICES TO BE PROVIDED:
ADDITIONAL TERMS:
In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take
precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a
manner that will not conflict with the said primary City of Ashland Contract.
FINDINGS:
Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and
determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor
resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal
services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform
the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5)
the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and
reasonable.
NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as
follows:
1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein
by this reference.
2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described
above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance
of such service.
3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel
assigned to the work required under this contract are fully qualified to perform the service to which they will be
assigned in a skilled and worker -like manner and, if required to be registered, licensed or bonded by the State of
Oregon, are so registered, licensed and bonded.
4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated
above and complete the service by the completion date indicated above.
5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified
above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely
terminated, payments will be made for work completed and accepted to date of termination.
6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of
City.
7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract.
8. Living Wage Requirements: If the amount of this contract is $20,688.86 or more, Consultant is required to comply
with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees
performing work under this contract and to any Subcontractor who performs 50% or more of the service work under
this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where
it will be seen by all employees.
9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless
from any and against all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages
resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to
property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including
but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services
attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations,
actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City.
10. Termination:
Contract for Personal Services 22
a. Mutual Consent. This contract may be terminated at any time by the mutual written consent of both
parties.
b. City's Convenience. This contract may be terminated at any time by City upon not less than 30 days'
prior written notice delivered by certified mail or in person.
C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of
written notice to Consultant, or at such later date as may be established by City under any of the following
conditions:
i. If City funding from federal, state, county or other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or
iii. If any license or certificate required by law or regulation to be held by Consultant to provide the
services required by this contract is for any reason denied, revoked, suspended, or not renewed.
d. For Default or Breach.
i. Either City or Consultant may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party
written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party giving the notice may authorize or require, then the contract may be terminated at any
time thereafter by a written notice of termination by the party giving notice.
ii. Time is of the essence for Consultant's performance of each and every obligation and duty under
this contract. City by written notice to Consultant of default or breach may at any time terminate
the whole or any part of this contract if Consultant fails to provide services called for by this
contract within the time specified herein or in any extension thereof.
iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or
c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such
termination or modification. However, upon receiving a notice of termination (regardless whether such notice is
given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under
this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination,
Consultant shall deliver to City all contract documents, information, works -in -progress and other property that are
or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to
the termination date if such work was performed in accordance with the Contract.
11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City.
Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide
workers' compensation coverage as required in ORS Chapter 656 for all persons employed to perform work pursuant
to this contract. Consultant is a subject employer that will comply with ORS 656.017.
12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work
without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be
void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all
persons employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City.
13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default
of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF
Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if
consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted
against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business
on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or
delegate duties under, the Contract.
14. Insurance. Consultant shall at its sole expense provide the following types of insurance:
a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to
provide Oregon workers' compensation coverage for all their subject workers
b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000
(two million dollars) per occurrence. This is to cover damages caused by any error, omission or negligent act
related to the professional services to be provided under this Contract.
C. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two
million dollars) per occurrence for Bodily Injury and Property Damage.
d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000
(one million dollars) for each accident for Bodily Injury and Property Damage, including coverage for owned, hired
or non -owned vehicles, as applicable.
Contract for Personal Services 23
e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to
the City.
f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as Additional Insureds on any insurance policies, excluding Professional
Liability and Workers' Compensation, required herein, but only with respect to Consultant's services to be provided
under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance
coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to
commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds.
Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance
policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all
pertinent deductibles, self -insured retentions and/or self-insurance.
15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws
of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or
proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and
the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within
the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the
District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be
construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United
States Constitution, or otherwise, from any claim or from the jurisdiction.
16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE
PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR
THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT
HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow
City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In
the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further
liability to Consultant.
Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated by reference.
:onsultant: City of Ashland
By
Signature
Print Name
Title
QI
Department Head
Print Name
Date
W-9 One copy of a W-9 is to be submitted with
the signed contract. Purchase Order No.
Contract for Personal Services 24
W/:I l.11 W
CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the
number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be
issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from
backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is
subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS
has notified it that it is no longer subject to backup withholding. Contractor further represents and
warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the
Contract, when executed and delivered, shall be a valid and binding obligation of Contractor
enforceable in accordance with its terms, (c) the work under the Contract shall be performed in
accordance with the highest professional standards, and (d) Contractor is qualified, professionally
competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury
that its business is not in violation of any Oregon tax laws, it is an independent Contractor as defined
in the contract documents, it is authorized to do business in Oregon, it is authorized to act on behalf
of the City, and Contractor has checked four or more of the following criteria that apply to its
business.
(1) 1 carry out the labor or services at a location separate from my residence or is in a
specific portion of my residence, set aside as the location of the business.
(2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
(3) Telephone listing is used for the business separate from the personal residence listing.
(4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are performed for two or more different persons within a period of one
year.
(6) 1 assume financial responsibility for defective workmanship or for service not provided
as evidenced by the ownership of performance bonds, warranties, errors and omission
insurance or liability insurance relating to the labor or services to be provided.
Contractor
(Date)
Contract for Personal Services 25
CITY OF ASHLAND, OREGON
EXHIBIT B
City of Ashland
i- For all hours worked under a service
contract between their employer and
the City of Ashland if the contract
exceeds $20,688.86 or more.
➢ For all hours worked in a month if the
employee spends 50% or more of the
employee's time in that month
WAGE
per hour, effective June 30, 2017.
The Living Wage is adjusted annually every
June 30 by the Consumer Price Index.
working on a project or portion of
business of their employer, if the
employer has ten or more employees,
and has received financial assistance
for the project or business from the
City of Ashland in excess of
$20,688.86.
➢ If their employer is the City of
Ashland, including the Parks and
Recreation Department.
In calculating the living wage,
employers may add the value of
health care, retirement, 401 K and IRS
eligible cafeteria plans (including
childcare) benefits to the amount of
wages received by the employee.
Note: For temporary and part-time
employees, the Living Wage does not
apply to the first 1040 hours worked in
any calendar year. For more details,
please see Ashland Municipal Code
Section 3.12.020.
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator,
City Hall, 20 East Main Street, Ashland, OR 97520, or visit the City's website at www.ashland.or.us
Notice to Employers: This notice must be posted predominantly in areas where it can be
seen by all employees.
CITY OF
-AS H LA N D
Contract for Personal Services 26
Form
w-9
Request for Taxpayer
Give Form to the
IRe,i.AugiSt2011
Identification Number and Certification
requester. Do not
Department of the Tressrr
send to the IRS.
int men
Revenue SwAce
Name (as shown or your raceme tax retrrn)
C i
Business raneldlsregarced entity name, If dMerert from at eye
m
T
m
a
Check appropriate Cox for federal tax classli1cwicn:
Exe•nptidns i'see Instructbrrs,5:
❑ 2-dividuaysoie proprietor ❑ c c rporatbr ❑ s Corporation ❑ Fart-e•E.-Ip ❑ Trusv"s to
pExempt
payee code 0 arry)
0 2
❑ Limited uadlity company. Etter the tax classmcation (C-C corporation, S-S corporation, P-parinarshp¢ ►
Exemption Morn FATCA reporting
a p
code Of any}
L)
❑ Other See lnstructlons) ►
F
.0
A1Wvss ; u•-irer, street and apt. or suite no.)
RE%285ter's rame and address plotonari
21
s
CI'y, state. and Z P code
9i
List aCtcunt r<umben)) here lopttanan
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box- The TIN provided must match the name given on the "Name" ine I Social seemly number
re ident backup withholding. For individuals, this is your social security number ( SN�page
3. Fo c4 fora � - m
resident alien, ante proprietor, or disregarded entity, see the Fart I instructions txt page 3. For cAfver d I
entities. it is your employer identification number tEIN). If you do not have a number, see How to get a
TIN on page 3.
Note. If the account is in more than one name, see the chart on page 4 for guidelines on wt ose Employer Identification num t.er
norm ter to enter. Ffl -1 1
Certification
Under penalties of perjury. I certify that:
1. The number shown on this form is my cot ect taxpayer identification number (or I am waiting for a number to be issued to me;, and
2. 1 am not subject to backup withholdi ng because: (a,) I am exempt from backup withholding., or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup y ithhcfding as a result of a failure to report all interest or dividends. or (c) the IRS has notired me that I am
no longer subject to backup withholding, and
3. 1 am a U.S. citizen or other U.S. person [defined below), and
4. The FATCA coders) entered an this form {if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subact to backup withhokli,ng
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply- For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of -debt, eontrib..tiores to an individual retirement arrangement (IRA}, and
generally, payments other than interest and dividends, you are not required tc sign the certification,, but you must provide your correct TIN. See the
instructions on page 3.
Sign nature of
Hera U-. person► Date►
General Instructions
Section re'e enees are to t^e Intemal Revue Code unless otlw^wtse rated_
Fab" developments- Tine IRS has created a page on IRS.gev for Intrna'rr
about Form W-0, at w ovwAS.gov1". Information about arry Rmure demgopments
at►ectng Form W-9 (&�- as IeglsWim enacted alter we release n} will be posted
crc that page.
Purpose of Form
A person who Is required to f is ari sMormetbn titan with the IRS must obtain your
correct taxpayer Idersticatx:n number (M) to report for example. Inc me paid to
,you- payments made to you In settlement cf payment card and third party network
transactions, real estate transactions, mortgage Interest yru paid, acquisition or
aCandarment or sea red prGgerty. cancellation or deM. OF canMbUtlers you made
to an IRA
Use Form W-9 dry If you are a U.S- person Qnciudng a rescierl allen]l, to
praMcle your correct T N to the person requesting It rite requeste"i and, when
applicable, to:
1. Certify that tree TIN yxu are giving Is correct i!ar you are waiting for a number
to be Issued),
2 Certify trot you are not subtect to b ac uJp vAtmotdng, or
3- Calm exeirotton from backup wtthholding If you are a U.s. exempt payee It
applicable, ya.. are also certifying that as a U.S- person, your allocable share of
any partnership Income from a U -S. trac* or bushwes Is not sr bled to the
Withholding tax on foreign partners' ware or effectivey corrected midome, and
4, Ce tIP/ beet FATCA codei5) entered W this form Of any) Indicating that you are
exempt from the FATCA repertng, Is ccrrect.
Note. If you a e a U.S, persor, and a requesW gores you a farm other than Form
wa to request you TIN, you must use the requester's florin If It Is 9gb6tar tlally
smnllar to this Farm W-9.
Delsl�Mm of a U.& person. For federal tax pirposes, you are conskyered a U.S.
person t yru are:
• An IndIvio..al who Is a U_S- citizen a U.S. resident alter.
• A part".a"S"Ip•, cerperaticn, company, or association created cr crgantzea n the
United States cc under the laws of the United Stater..
• An estate lWher than a foreign estate,, or
• A domestic trust Ins defined in Regulahcris section 301.7701-7).
Spectat rites for partnerships. partnerships that conduct a trade or business m±
the Lmrted States are generally required to pay a wltnhoxing tax under section
1446 on any fcr8gn partners' share ce et!kctlrey connected taxable Income from
suit business. Further. In certah cases where a Form WA Pas not bee+ received.
the rules Lrder section 1446 require a partnership to presume [net a partner is a
foreign person, a" d pay the section 1446 wht"cling tare. Therefore, It ya., are a
U.S._ person t' at is a partner In a part^ershp conducting a trade or business In the
U 1ted States. provide Form W-9 to the partnership to establish your U.S. status
and mrJa 9ecticn 141E witrnoklr.ig on your share or partnership Income.
Cat. No. 10231 X
Form W-9 (Rey. 9-2013)
27
CERTIFICATION REGARDING LOBBYING
Applicants must review the requirements for certification regarding lobbying included in the
regulations cited below before completing this form. Applicants must sign this form to comply
with the certification requirements under 34 CFR Part 82, "New Restrictions on Lobbying." This
certification is a material representation of fact upon which the Department of Education relies
when it makes a grant or enters into a cooperative agreement.
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 34 CFR Part 82, for
persons entering into a Federal contract, grant or cooperative agreement over $100,000, as
defined at 34 CFR Part 82, Sections 82.105 and 82.110, the applicant certifies that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the making of any Federal grant, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal grant or cooperative agreement;
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal grant or cooperative agreement,.the undersigned shall complete and
submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions;
(c) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subgrants and contracts under grants and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
As the duly authorized representative of the applicant, I hereby certify that the applicant will
comply with the above certification.
NAME OF APPLICANT PR/AWARD NUMBER AND / OR PROJECT NAME
PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE
DATE
ED 80-0013 06/04
FEDERAL ENERGY REGULATORY COMMISSION
Office of Energy Projects
Division of Dam Safety and Inspections — Portland Regional Office
805 SW Broadway, Suite 550
Portland, Oregon 97205
(503) 552-2700
5/23/2022
VIA Electronic Mail
Mr. Scott Fleury
Public Works Director
City of Ashland
scott.fleury@ashland.or.us
In reply refer to:
P-1107
Subject: Ninth Part 12D Report, for a Comprehensive Assessment of the Hosler
Development, Reeder Gulch Project, is due by December 31, 2023
Dear Mr. Fleury:
This letter is to inform you that the Ninth Part 12D Independent Consultant's
Safety Inspection Report (Part 12D Report) for the Hosler Development of the Reeder
Gulch Project, FERC No. 1107, is due to be submitted to this office by December 31,
2023.
This letter contains important information about the required scope and
contents of the Part 12D Report and reflects changes to the Commission's
regulations that were implemented by Order 880 and went into effect on April 11,
2022. We encourage you to read this letter in its entirety, as well as the regulations
and associated Guidelines.
General Requirements
Code of Federal Regulations (CFR) Title 18, Part 12, Subpart D establishes the
Commission's Independent Consultant (IC) Inspection Program, also referred to as the
Part 12D Program, and prescribes the scope of inspections, reports, qualifications of
Independent Consultant Team (IC Team) personnel, and related procedures.' The Part
12D Program is implemented by the Commission's Office of Energy Projects, Division
of Dam Safety and Inspections (D2SI). Chapter 16 of the Commission's Engineering
' https://www.ecfr.gov/on/2022-04-11/title-18/chapter-I/subchapter-B/part-12/subpart-D
2
Guidelines for the Evaluation of Hydropower Projects (Engineering Guidelines) provides
additional information related to the Part 12D Program .2
The list below shows several key components and deliverables that are required
for this inspection:
• For the Ninth Part 12D Inspection, the IC Team must perform a Comprehensive
Assessment (CA) as defined in 18 CFR § 12.31(f) and described in
18 CFR § 12.37.
o The scope of a CA includes a Potential Failure Modes Analysis (PFMA)
conducted in accordance with the guidance in Chapter 17 of the
Engineering Guidelines.3
o The scope of the CA also includes a Level 2 Risk Analysis (L2RA)
conducted in accordance with Chapter 18 of the Engineering Guidelines.'
• You must provide a Part 12D Inspection Plan in advance, including an IC Team
Proposal, and obtain written approval from the Director, D2SI in advance of the
Part 12D Inspection, as described in 18 CFR § 12.34.
• The IC Team must prepare a preliminary report, referred to as a CA -Pre -
Inspection Preparation Report (CA-PIPR). The CA-PIPR must be submitted at
least 30 days in advance of the first IC Team activity, as described in
18 CFR § 12.42. Appendix 16-E of the Engineering Guidelines provides an outline
for the CA-PIPR.
• The IC Team must document their findings in a final Part 12D Report, specifically
a Comprehensive Assessment Report (CAR), which is described in
18 CFR § 12.38. The CAR must be submitted by December 31, 2023. Appendix
16-D of the Engineering Guidelines provides an outline for the CAR.
• The IC Team is to present their findings to Licensee and Commission staff during
a CA Review Meeting, as described in Section 16-7.5 of the Engineering
Guidelines.
• You must provide a plan and schedule for corrective measures to address the IC
Team's recommendations, as required by 18 CFR § 12.41 and further described in
Section 16-7 of the Engineering Guidelines.
z httt)s://elibrary.ferc.gov/eLibrary/filelist?accession number20211216-3085
3 hgps:HelibrM.ferc.gov/eLibrary/filelist?accession number=20211216-3086
a hUs:Helibrary.ferc.gov/eLibrary/filelist?accession number=20211216-3088
9
Proiect Development(s) Requiring Inspection
The applicability of 18 CFR Part 12, Subpart D is based on project developments
as defined in 18 CFR 12.3(b)(7). A project development comprises "an impoundment and
its associated dams, forebays, water conveyance facilities, power plants, and other
appurtenant facilities." For this CA, the following project developments require
inspection:
• Hosler Development
Timeline of Activities
The table below shows the timing of some major milestones in the CA process.
Shortly after issuance of this letter, Commission staff will contact you to schedule the
initial coordination call; Enclosure 1 provides an agenda for that call.
Milestone
Timing
Initial Coordination Call
Within approximately 30 days of the date of
Licensee and FERC)
this letter
Submit the Part 12D Inspection Plan to
180 days in advance of the first IC Team
the FERC
activity field inspection or PFMA/L2RA
Second Coordination Call
Within approximately 6 weeks after
(Licensee, IC Team, and FERC)
approval or conditional approval of the IC
Team
Submit the CA-PIPR to FERC
At least 30 days before the first IC Team
activity field inspection or PFMA/L2RA
Field inspection, PFMA, and L2RA
Dates as scheduled in the Part 12D
Licensee, IC Team, and FERC)
Inspection Plan
Submit the CAR to FERC
December 31, 2023
CA Review Meeting
Within 60 days after the CAR is submitted
Submit the plan and schedule to address
Within 60 days after the CAR is submitted
the IC Team's recommendations
Approval of the Independent Consultant Team and the Part 12D Inspection Plan
You are required to submit a Part 12D Inspection Plan at least 180 days in advance
of the first IC Team activity; since you are to perform a Comprehensive Assessment, the
first activity may be either the site inspection or PFMA/1-2RA.5 The Part 12D Inspection
Plan must describe the scope and schedule of the inspection activities and include an IC
Team Proposal, which must:
5 18 CFR § 12.34(b)
4
• Identify the required technical disciplines for IC(s) and supporting team members;
• Identify the proposed IC(s) and demonstrate that they meet the requirements of
18 CFR § 12.31(a);
• Identify any facilitator(s) for the PFMA and L2RA;
• Demonstrate that the IC Team collectively has the required "experience and
expertise with dam design, construction, and in the evaluation and assessment of
the safety of existing dams, commensurate with the scale, complexity, and relevant
technical disciplines of the project and type of review, inspection, and assessment
being performed;` and
• Address any potential conflicts of interest that may exist, specifically in regard to
the requirement in 18 CFR § 12.34(b)(3), which prohibits any member of the IC
Team from reviewing their own previous work.
You are required to obtain written approval of the proposed IC Team from the
Director, D2SI prior to the performance of the Part 12D Inspection.' File the Part 12D
Inspection Plan, including the IC Team Proposal, using the Commission's eFiling system
with the following address block on your transmittal letter:
Mr. David Capka, P.E., Director
Division of Dam Safety and Inspections
Federal Energy Regulatory Commission
Office of Energy Projects
You can access the Commission's eFiling system at https://www.ferc.gov/ferc-
online/overview. Select Hydro: Regional Office and Portland Regional Office from the
eFiling menu. The cover page of the filing must indicate that the material was eFiled. For
assistance with eFiling, contact FERC Online Support at FERCOnlineSupport(aaferc.g_ov,,
(866) 208-3676 (toll free), or (202) 502-8659 (TTY).
Section 16-3.3 of the Engineering Guidelines provides additional information
related to the Part 12D Inspection Plan and IC Team Proposal. Please note that you may
provide the name(s) and resume(s) of any supporting members of the IC Team in the Pre -
Inspection Preparation Report (discussed below) instead of the IC Team Proposal, which
provides flexibility for assigning subject matter experts closer to the inspection and
PFMA/L2RA dates.'
6 18 CFR § 12.31(b)
18 CFR § 12.34(a)
8 18 CFR § 12.34(b)(4)
5
Review of Prior Reports
The IC Team must "review and consider all relevant reports on the safety of the
development made by or written under the direction of Federal or state agencies,
submitted under Commission regulations, or made by other consultants," and "must
perform sufficient review to have, at the time of the [inspection], a full understanding of
the design, construction, performance, condition, downstream hazard, monitoring,
operation, and potential failure modes of the project works." As the licensee, you are
responsible for "[providing] to the independent consultant team all information and
reports necessary" to fulfill these requirements. For a CA, the IC Team must also possess
an understanding of the risk associated with the project works, though this requirement
will be minimal for an initial CA unless prior risk studies have been performed for the
project.
When determining whether a completed study requires review by the IC Team, the
status of the FERC review is irrelevant. The IC Team must review all current completed
studies (i.e., those have been or are ready to be submitted to the FERC and have not been
superseded). The IC Team may be requested to review in -progress studies (i.e., those that
have not been submitted to the FERC) on a case -by -case basis. Generally, the IC Team
will only be required to review studies completed by the date of FERC approval of the IC
Team.
Pre -Inspection Preparation Report
At least 30 days prior to the first in -person IC Team activity (field inspection,
PFMA, or RA), you are required to submit a preliminary report (the CA-PIPR)
documenting the initial findings from the IC Team's review of project documentation,
instrumentation data, and other information.9 We will review the CA-PIPR to evaluate
whether the IC Team has an adequate understanding of project features and determine
whether the inspection activities can proceed as scheduled. If the names) and resume(s)
of any supporting members of the IC Team were not provided in the Part 12D Inspection
Plan, they must be provided in the letter transmitting the CA-PIPR. Section 16-4 of the
Engineering Guidelines contains additional information regarding PIPRs.
If you do not submit the CA-PIPR in a timely manner, or if the CA-PIPR
does not clearly demonstrate that the IC Team has performed the necessary level of
preparation, we may require postponement of the in -person IC Team inspection
activities. Regional Office staff will review the CA-PIPR and determine whether it is
acceptable, generally acceptable, or unacceptable, as described in Section 16-4.1 of the
Engineering Guidelines. If the CA-PIPR is acceptable or generally acceptable, the Part
12D Inspection may proceed as scheduled, though we may request follow-up action(s) to
9 18 CFR § 12.40(f)
.1
be completed prior to the first activity. If the CA-PIPR is unacceptable, the Part 12D
Inspection will be postponed, and that postponement will not constitute good cause for an
extension to submit the CAR. If the Regional Engineer does not issue a letter within two
weeks after the CA-PIPR is submitted, the CA-PIPR will be deemed acceptable by
default.
Field Inspection
The scope of any Part 12D Inspection includes "a physical field inspection of
accessible project works, including galleries, adits, vaults, conduits, earthen and concrete -
lined spillway chutes, the exterior of water conveyances, and other non -submerged
project features that may require specialized access to facilitate inspection." Section 16-
6.7.1 of the Engineering Guidelines contains additional details regarding inspection of the
reservoir rim and spillway chutes; observation of gate operations; the review of special
inspection reports; and the inspection of typically inaccessible features.
You must provide a schedule for the field inspection to the Regional Office in
advance of the inspection. If the IC Team intends to split into smaller groups to inspect
multiple project features simultaneously, you must inform us well in advance. Typically,
Regional Office staff will accompany the IC Team during the field inspection, and we
will need to ensure that we send sufficient personnel to observe the project features with
the IC Team. Any special access procedures and safety equipment should be identified
ahead of time so that everyone attending the field inspection can prepare accordingly.
Potential Failure Modes Analysis
You are required to perform a completely new Potential Failure Modes Analysis
(PFMA) as part of this Comprehensive Assessment10. Chapter 17 of the Engineering
Guidelines contains additional information about the PFMA process and requirements for
performance, documentation, and follow-up, and you should review the chapter in detail
to have a complete understanding of the process. Sections 16-6.6.2 and 16-6.6.4 of the
Engineering Guidelines provide information that is specific to the performance and
documentation of a PFMA during a CA, which is significantly different from the "PFMA
reviews" that were performed under the previous Guidelines. Please note the following
significant changes to our PFMA process:
• The definition of the term `failure' has been revised to include not only the loss of
the reservoir, but also the inability of the project features or components to
perform their intended function and the project features or components performing
in an impaired or compromised fashion. This includes misoperation of project
elements.
10 18 CFR § 12.37( fl
h
Prior to identifying project potential failure modes, the PFMA team must develop
a complete understanding of the physical project features, components, and
elements and the interactions, relationships, and dependencies of those physical
elements in a systems context. This understanding must include the identification
of potential backup systems and redundancies as well as operational protocols,
standard operating procedures, lines of communication, feedback, and authorities
and responsibilities of project personnel.
• The brainstorming session should be performed in a structured manner through
project features, loading conditions, and failure mechanisms to help ensure that the
team does not miss or overlook candidate PFMs (Section 17-4.7.5 of the
Engineering Guidelines).
• The PFMA must include consideration of the potential contribution and influence
of human and organizational factors, such as organizational culture and decision -
making authority and practices, and how these factors can contribute to failure.
The propensity toward failure is determined by the balance of factors that
contribute to failure versus safety.
• When classifying candidate Potential Failure Modes (PFMs), you should use the
PFM screening process described in Chapter 17 of the Engineering Guidelines
(Section 17-4.7.8 and Figure 17-1). The Commission no longer uses numbered
categories.
• PFMs should be documented in a consistent format. Appendix 17-G in the
Engineering Guidelines provides a suggested PFM template. The PFM labels
should be logical and provide an indication of what the PFM covers; Table 17-1
shows an example of a preferred nomenclature.
• Licensee staff are prohibited from serving as the facilitator (Section 17-4.3.2 of the
Engineering Guidelines).
Level 2 Risk Analysis (URA)
You are required to perform a risk analysis as part of this Comprehensive
Assessment." Chapter 18 of the Engineering Guidelines contains additional information
about the risk analysis process and requirements for performance, documentation, and
follow-up, and you should review the chapter in detail to have a complete understanding
of the process. Sections 16-6.6.3 and 16-6.6.4 of the Engineering Guidelines provide
information that is specific to the performance and documentation of an L2RA during a
CA. Please note the following highlighted items regarding the L2RA process:
" 18 CFR § 12.37(g)
8
• Section,18-5 of the Engineering Guidelines identifies the qualifications of the risk
analysis team, including those of the risk analysis facilitator.
• The following risk measures should be included in the risk analysis:
o Societal incremental life safety risk
o Non -breach life safety risk
o Annual probability of failure
Where appropriate, economic and other consequences such as environmental,
cultural, etc. should also be considered.
• Probabilistic loading estimates for hydrologic and seismic loads are required to
perform the risk analysis. These estimates must be prepared in advance of the risk
analysis session so that information is available for the risk analysis.
• Likewise, consequence estimates (life loss and others as appropriate) are required
to perform the risk analysis. These estimates must be prepared in advance of the
risk analysis session so that information is available for the risk analysis.
• Screening of potential failure modes for the risk analysis should be performed in
accordance with the process described in Section 18-7.2 of the Engineering
Guidelines.
• Risk estimates should be portrayed using the risk matrices provided in Section 18-
11 of the Engineering Guidelines.
• Similar to the development and documentation of potential failure modes for the
PFMA, potential failure modes for the risk analysis should be documented in a
consistent format. Appendix 18-C of the Engineering Guidelines provides a
suggested template.
Comprehensive Assessment Report
By the due date shown above, you are to submit the IC Team's CAR to this office.
Section 16-6 of the Engineering Guidelines contains additional information about the
documentation required in each section of the CAR. Please note the following specific
requirements that are important for you and the IC Team to fully understand:
Incorporation by Reference. The regulations implemented by Order 122 (January
28, 1981) permitted the incorporation by specific reference to a previous Part 12D
Report if the conditions, assumptions, and available information had not changed.
This is not permitted under the regulations that were implemented by Order
880 and which went into effect on April 11, 2022. The IC Team must document
their own interpretation and evaluation in each section of the CAR, where
required.
E
• Evaluation of Performance. The evaluation of the performance of project works
must be an independent interpretation based on the IC Team's visual observations
and review of instrumentation data and surveillance reports. The IC Team may not
rely entirely on previous interpretations or state that a particular condition or
instrumentation data does not indicate a potential issue simply because it is not
changing over time. The evaluation must clearly address the identified PFMs as
well as whether any previously unidentified PFMs may be active or developing.
• Specific Evaluation. The IC Team must evaluate the adequacy of spillways, as
described in 18 CFR § 12.39; the structural adequacy and stability of structures
under all credible loading conditions; the potential for internal erosion and/or
piping of embankments, foundations, and abutments.12
• Review of Design Basis and Construction. The IC Team must review historical
construction documents in order to evaluate "the design and construction practices
used during original construction and subsequent modifications, in comparison
with the industry best practices in use at the time of the [CA]."13 Additional
information is provided in Section 16-6.3 of the Engineering Guidelines.
• Review of Analyses of Record. The IC Team must review and evaluate the studies
and analyses of record and specifically address the accuracy, relevance, and
consistency with the current state -of -the -practice of dam engineering. Additional
information regarding this component of a CA is provided in Section 16-6.4 of the
Engineering Guidelines. If the IC Team is unable to review any particular analysis
of record; or if they disagree with the assumptions, methods, calculations, results,
or conclusions; the IC Team must recommend that the Licensee complete a new
analysis.'
• Recommendations. For each corrective measure the IC Team provides in the
CAR, they are also required to provide their recommendation of a reasonable time
for the Licensee to carry out the corrective measure.
Review Meetine and Presentation
Within 60 days of submitting the Part 12D Report, the IC Team is to present a
summary of their findings, conclusions, and recommendations to the Licensee and
Commission staff in a CA Review Meeting. The draft review meeting presentation
should be provided to all participants in advance. The meeting may be in person, virtual,
or hybrid. Refer to Section 16-7.5 of the Engineering Guidelines for additional
information related to the review meeting. It may be helpful to conduct this meeting
between 30-45 days after submittal of the Part 12D Report so the Licensee can ask
12 18 CFR § 12.38(b)(1) through (3)
13 18 CFR § 12.38(b)(4)
14 18 CFR § 12.38(c), § 12.36(d)(2)
10
questions before submitting their plan and schedule to address the IC Team's
recommendations.
Corrective Measures — IC Team Recommendations and Licensee Plan and Schedule
Within 60 days of submitting the Part 12D Report, you must submit your plan and
schedule for addressing any recommendations provided by the IC Team.15 Your plan may
include any proposal, including taking no action, that you consider a preferred alternative
to any corrective measures recommended by the IC Team, and you may not concur with
the IC Team's recommended time to complete each corrective measure. However, it is
your responsibility to provide complete justification in support of your preferred
alternative, and the Regional Engineer may require modifications to your proposed plan
and schedule.16 You must submit an annual report documenting the status of the
corrective measures until all have been completed.17
If during the course of their inspection, the IC Team discovers any condition for
which emergency corrective measures are advisable, the IC Team must notify you
immediately and you must notify the Regional Engineer pursuant to 18 CFR § 12.10(a).18
Closing
The Commission's dam safety program is a cooperative process that includes the
Licensee, the IC Team, and the FERC. The most important of the three elements is the
Licensee, as you operate the project, see the project on a regular basis, and are
responsible for the performance monitoring program used to determine if any potential
failure modes are developing. It is your responsibility as the Licensee to submit the Part
12D Report to the FERC and ensure that the Part 12D Report meets the requirements of
the Commission's Regulations and the Engineering Guidelines before it is submitted. The
Part 12D Report is a FERC requirement but is also a valuable resource for you as the dam
owner.
The Part 12D Report and all related submittals should be eFiled by selecting
Hydro: Regional Office and Portland Regional Office. If you are also filing a Supporting
Technical Information Document (STID) or an STID update, the STID should also be
eFiled by selecting Hydro: Regional Office and Portland Regional Office. If the reference
materials comprising the Digital Project Archive (DPA) cannot be eFiled, contact the
project engineer to discuss options for transmitting the reference materials to the
Commission. You can access the Commission's eFiling system at
https://www.ferc.gov/ferc-online/overview. The cover page of the filing must indicate
IS 18 CFR § 12.4 1 (a)(1)(i)
16 18 CFR § 12.4(b)(2)(iii)(C)
17 18 CFR § 12.41(a)(2)
18 18 CFR § 12.41(b)
11
that the material was eFiled. For assistance with eFiling, contact FERC Online Support at
FERCOnlineSupportAferc.gov, (866) 208-3676 (toll free), or (202) 502-8659 (TTY).
If you have any questions regarding this letter or Enclosures, please do not hesitate
to call me at 503-552-2715. Your support is critical for ensuring the safety of your project
and I am available to discuss any concerns or comments that you may have.
Sincerely,
Douglas L. Johnson, P.E.
Regional Engineer
Enclosures:
1. Initial Coordination Call Agenda
2. Second Coordination Call Agenda
3. Outline for the CAR and CA-PIPR
Enclosure 1: Initial Coordination Call Agenda
Initial Coordination Call Agenda
General Requirements
a. Regulations
b. Guidelines
c. Scope of inspection
2. Overview of Changes to Part 12D Inspections
a. Detailed review of prior information
b. Specific evaluation of design basis, construction, analyses/studies of record
c. Inspection observations and review of instrumentation data and surveillance
reports
d. Incorporation by reference — not permitted
e. PFMA and L2RA procedures
3. Licensee's Role
a. Internal processes to scope the Part 12D Inspection
b. Prepare and submit Part 12D Inspection Plan and IC Team Proposal
c. Provide required information/documentation to IC Team
d. Coordinate logistics (to be discussed in detail during Second Coordination
Call)
e. Submit IC Team's CA-PIPR to FERC
f. Attend inspection and PFMA/L2RA
g. Submit IC Team's CAR to FERC
h. Participate in CA Review Meeting
i. Review IC Team's recommendations; develop plan and schedule to address the
recommendations and submit to FERC
4. Project -Specific Discussion
a. Outstanding issues/concerns
b. Initial thoughts — potential technical disciplines required
c. Estimated timeframe for inspection and PFMA/L2RA
Page 1 of 1
Enclosure 2: Second Coordination Call Agenda
Second Coordination Call Agenda
1. General Requirements
a. Regulations
b. Guidelines
c. Scope of inspection
2. IC Team's Responsibilities
a. Detailed review and evaluation of prior information
i. Design basis and construction
ii. Analyses/studies of record
iii. Instrumentation data and surveillance reports
b. Prepare CA-PIPR and provide to the Licensee
c. Perform inspection; participate in PFMA/L2RA
d. Prepare CAR and provide to the Licensee
i. Include recommendations and reasonable timeframe for the Licensee to
complete each
e. Prepare and present findings at CA Review Meeting
f. Incorporation by reference — not permitted
3. PFMA and L2RA Procedures
a. Revised definition of failure
b. Preparation
c. Brainstorming
d. PFM screening process
e. Documentation
4. Preliminary Logistics
a. Field inspection
b. PFMA/L2RA
Page 1 of 1
Enclosure 3: Outline for the CAR and CA-PIPR
The outline on the following pages can be used for both the CAR and CA-PIPR. For
sections that do not require content in the CA-PIPR, the IC Team can leave the heading
in place and add a note that the section is retained as a placeholder for use in the CAR.
Refer to Appendices 16-D and 16-E of the Engineering Guidelines for additional details
regarding the required contents of each section for a CAR and a CA-PIPR, respectively.
Page 1 of 12
Enclosure 3: Outline for the CAR and CA-PIPR
SECTION 1: FINDINGS AND RECOMMENDATIONS
1.1 General Conditions and Evaluation of Performance
1.2 Review and Evaluation of Design and Construction
1.3 Review and Evaluation of Previous Analyses
1.4 Review and Evaluation of Dam and Public Safety Programs
1.4.1 Owner's Dam Safety Program
1.4.2 Dam Safety Surveillance and Monitoring Program
1.4.3 Hazard Potential Classification
1.4.4 Emergency Action Plan
1.4.5 Public Safety Plan
1.4.6 Operations and Maintenance
1.4.7 Spillway Adequacy
1.4.8 Supporting Technical Information Document
1.5 Potential Failure Modes Analysis, Risk Analysis, and Dam Safety Risk
Classification
1.5.1 Potential Failure Modes Analysis
1.5.2 Level 2 Risk Analysis
1.5.3 Dam Safety Risk Classification
1.6 Recommendations
Page 2 of 12
Enclosure 3: Outline for the CAR and CA-PIPR
SECTION 2: DESCRIPTION OF PROJECT FEATURES AND
OPERATIONS
2.1 Location and Purpose
2.2 Description of Project Features
2.3 Summary of Operations
Page 3 of 12
Enclosure 3: Outline for the CAR and CA-PIPR
SECTION 3: REVIEW AND EVALUATION OF DESIGN BASIS AND
CONSTRUCTION
3.1
Engineering Geology
3.1.1
Regional Geology
3.1.2
Site Geology
3.1.3
Foundation Explorations
3.1.4
Geologic Hazards
3.2
Dam
3.2.1
Design Considerations
3.2.2
Foundation Excavation and Treatment
3.2.3
Materials and Placement
3.2.4
Construction Details
3.2.5
Modifications
3.3
Spillway
3.4
Outlets
3.5
Powerhouse
3.6
Other Structures
3.7
Mechanical
3.7.1
Spillway
Page 4 of 12
Enclosure 3: Outline for the CAR and CA-PIPR
3.7.2 Outlets
3.7.3 Powerhouse
Page 5 of 12
Enclosure 3: Outline for the CAR and CA-PIPR
SECTION 4: REVIEW AND EVALUATION OF PREVIOUS ANALYSES
4.1 Geology
4.2 Seismicity
4.3
Hydrology and Project Hydraulics
4.3.1
Precipitation and Snowmelt
4.3.2
Flood Loading and Routings
4.3.3
Dam Breach Studies
4.4 Analyses of Project Features
4.4.1 Analyses of [Project Feature 11
4.4.1.1 Static Analyses of [Project Feature 11
4.4.1.2 Seismic Analyses of [Project Feature 1]
4.4.1.3 Hydraulic and Overtopping Analyses of [Project Feature 1]
4.4.1.4 Other Analyses of [Project Feature 11
4.4.2 Analyses of [Project Feature 21
4.4.2.1 Static Analyses of [Project Feature 21
4.4.2.2 Seismic Analyses of [Project Feature 21
4.4.2.3 Hydraulic and Overtopping Analyses of [Project Feature 21
4.4.2.4 Other Analyses of [Project Feature 21
4.4.3 Analyses of [Project Feature 3, 4, etc.]
Page 6 of 12
Enclosure 3: Outline for the CAR and CA-PIPR
SECTION 5: PROJECT STATUS
5.1 Modifications to Project Works
5.2 Modifications to Project Operations
5.3 Recommendations of Previous Independent Consultants
5.4 Outstanding/Ongoing Studies
5.5 Completed Studies
5.6 Summary of Operations and Maintenance Programs
Page 7 of 12
Enclosure 3: Outline for the CAR and CA-PIPR
SECTION 6: FIELD INSPECTION OBSERVATIONS AND
INTERPRETATION OF MONITORING DATA
6.1 General
6.2 [Name of Project Feature 1]
6.2.1 Field Inspection Observations
6.2.2 Review and Evaluation of Instrumentation Data and Surveillance
6.2.3 Evaluation with Respect to Potential Failure Modes
6.2.4 Conclusion
6.3 [Name of Project Feature 2]
6.3.1 Field Inspection Observations
6.3.2 Review and Evaluation of Instrumentation Data and Surveillance
6.3.3 Evaluation with Respect to Potential Failure Modes
6.3.4 Conclusion
6.4 [Name of Project Feature 3, 4, etc.]
6.5 Overall Interpretation of Instrumentation Data
Page 8 of 12
Enclosure 3: Outline for the CAR and CA-PIPR
SECTION 7: PFMA AND RISK ANALYSIS
7.1 General
7.2 Probabilistic Hydrologic Loading
7.3 Probabilistic Seismic Loading
7.4 Consequences
7.5 PFMA
7.6 Risk Analysis and Summary
Page 9 of 12
Enclosure 3: Outline for the CAR and CA-PIPR
SECTION 8: REVIEW AND EVALUATION OF DAM AND PUBLIC
SAFETY PROGRAMS
8.1 Owner's Dam Safety Program
8.2 Dam Safety Surveillance and Monitoring Program
8.3 Hazard Potential Classification
8.4 Emergency Action Plan
8.5 Public Safety Plan
8.6 Operations and Maintenance
8.7 Spillway Adequacy
8.8 Supporting Technical Information Document and Digital Project Archive
8.8.1 Potential Failure Modes Analysis and Risk
8.8.2 Project Description
8.8.3 Construction History
8.8.4 Standard Operating Procedures
8.8.5 Geology, Seismicity, and Geotechnical Data
8.8.6 Hydrology and Hydraulics
8.8.7 Dam Safety Surveillance and Monitoring Plan
8.8.8 Stability, Stress, and Other Analyses of Dams and Water Conveyances
8.8.9 Gates, Valves, and Other Water Level Control Valves
Page 10 of 12
Enclosure 3: Outline for the CAR and CA-PIPR
8.8.10 Pertinent Correspondence Related to the Safety of Project Works
8.8.11 References
Page 11 of 12
Enclosure 3: Outline for the CAR and CA-PIPR
APPENDICES FOR THE COMPREHENSIVE ASSESSMENT REPORT
Appendix A: FERC Letter Requiring Part 12D Inspection
Appendix B: FERC Letter Approving Part 12D Inspection Plan and IC Team
Appendix C: Project Figures
Appendix D: Instrumented Monitoring Data Plots
Appendix E: Inspection Photographs
Appendix F: Inspection Checklists and/or Field Notes
Appendix G: Operation and Maintenance Documentation
Appendix H: Potential Failure Modes Analysis Report
Appendix I: Risk Analysis Report
Appendix J: Independent Calculations
Page 12 of 12
PralAsCouncil Business Meeting
February 21, 2023
Agenda Item
Contract with The Freshwater Trust for a Flow Augmentation Feasibility Study
of Cold -Water Releases from Reeder Reservoir
From
Scott Fleury PE
Public Works Director
Contact
Scott.Fleury(aashland.or.us
Item Type
Requested by Council ❑ Update ❑ Request for Direction ® Presentation ❑
SUMMARY
Before the Council is a professional services contract with the Freshwater Trust to perform a
flow augmentation feasibility study in association with the Wastewater Treatment Plant
National Pollution Discharge Elimination System Permit (NPDES). The augmentation study is
meant to determine the feasibility of cold -water release from Reeder Reservoir during a
potentially critical time from late October through mid -November when under worst case
scenario it has been determined that Water Quality Trading (Shading) might not provide the
needed thermal benefits for NPDES permit compliance.
POLICIES, PLANS & GOALS SUPPORTED
City Council Goals:
Essential Services
• Sewer
Continue to leverage resources to develop and/or enhance Value Services
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
BACKGROUND AND ADDITIONAL INFORMATION
On February 15, 2022 the City was issued a new National Pollution Discharge Elimination System
(NPDES) permit by the Department of Environmental Quality for the Wastewater Treatment Plant
(WWTP). The permit is valid until January 31, 2027. The City has long been planning for a new NPDES
permit and the planning has included master plan developing along with refined studies to ensure
regulatory compliance by sound capital investments. These studies/analysis have targeted
applicable water quality regulations in the Bear Creek watershed that the City must comply with when
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discharging effluent to receiving waters include criteria for ammonia and metals such as copper,
stringent limitations on in -stream mixing zones, and regulations on temperature that were anticipated
to be part of the new NPDES permit.
Within the newly issued permit is a compliance schedule. The compliance schedule establishes
regulatory milestones for major phases in each anticipated project needed to ensure
regulatory compliance. The items in the compliance schedule are the result of negotiations
between the City and DEQ, where parties sought to find a balance between highly protective
water quality regulations and affordable, achievable solutions.
Figure 1: NPDES Compliance Schedule
Compliance Date:
Requirement:
By March 1, 2023
The permittee must submit final design plans and specifications for the outfall
relocation to Bear Creek to DEQ for review and approval
By March 1, 2024
• The permittee must submit to DEQ a progress report summarizing the
progress made toward constructung the outfall to Bear Creek.
• Pennittee must complete flow augmentation feasibility studies and
submit findings to DEQ.
By September 1, 2023
The permittee must submit to DEQ a progress report summarizing the
progress made toward acquiring the thermal credit target. The permittee must
have obtained a total of at least 40% of the needed kilocalories.
By March 1, 2025
• The permittee must complete construction of the outfall to Bear Creek.
• Pennittee must complete a study and submit findings to DEQ on the
thermal benefits of cold -water releases from Reeder Reservoir at the
new outfall site in Bear Creek.
By March 1.2026
• The permittee mist submit to DEQ a progress report summarizing the
progress made toward acquiring the thermal credit target. The
permittee must have obtained a total of at least 70% of the needed
kilocalories to comply with the Outfall 004 excess thermal load limits
• Pennittee must submit a DRAFT Flow Augmentation Water Quality
Trading Plan to DEQ that details an analysis approach to evaluate
benefits transferrable to the outfall site in Bear Creek and possible
permit conditions.
By March 1.2027
The permittee must submit to DEQ a final report stunnnarizing all of the
thermal credits that have been obtained. The penuittee must achieve
compliance with the final Outfall 004 excess thermal load limits.
On March 8, 2022 Public Works released a Request for Proposal -Qualifications Based Selection
document for consultant services to analyze the feasibility of flow augmentation in meeting the WWTP
NPDES Permit. The proposal document outlined contractual phases associated with meeting the
compliance schedule requirements in the NPDES permit as outlined below:
Page 2 of 6
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Phase 1: Feasibility/Limitations Study - Complete a study and submit findings to Oregon
Department of Environmental Quality (DEQ) identifying the feasibility and limitations of flow
augmentation to Bear Creek via cold water releases in Ashland Creek from Reeder
Reservoir. A final report on feasibility must be submitted to DEQ by March 1, 2024.
Phase 2: Thermal Benefit Analysis - Complete a study and submit findings to DEQ,
quantifying thermal benefits of cold water releases from Reeder Reservoir at the WWTP
outfall site in Bear Creek. A final report on the study on the thermal benefits of cold water
releases must be submitted to DEQ by March 1, 2025.
Phase 3: Water quality Trading Plan Development - Develop a DEQ-approved Flow
Augmentation Water Quality Trading Plan (Plan) that details an analysis approach to
evaluate benefits transferrable to the outfall site in Bear Creek and permit conditions. A
draft Plan must be submitted to DEQ by March 1, 2026, and ETL limit compliance must be
fully achieved by March 1 2027. While not explicitly stated in the Compliance Schedule, it is
inferred that full compliance includes submission of a Final Plan, following standard
applicant- and public review periods.
In May of 2022, the City of Ashland completed the review process for selection of a
consultant for the Flow Augmentation Water Quality Trading Plan for Excess Thermal Load
Project. Proposals were submitted by The Freshwater Trust and Black & Veatch. The
proposals were graded by Kaylea Kathol, Senior Engineering Project Manager, Alistair Andre,
Water Treatment Plant Supervisor, and Scott Fleury PE, Public Works Director.
The results of the scoring are as follows:
CONSULTANT
TOTAL SCORE
RANK
The Freshwater Trust
276
1
Black and Veatch
275
2
After scoring was completed, all consultants were informed of the City's intent to begin
scope and fee negotiations with The Freshwater Trust. Through several formal discussions a
final scope and fee was agreed upon in concept by the City and The Freshwater Trust. This
scope and fee is part of attachment #1, Professional Services Contract.
Staff expects to begin this project in March of 2023, after Council approval in order to
submit the feasibility report to DEQ by March 1, 2024 as required in the compliance
schedule.
Page 3 of 6
Wi
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•::Council Business Meeting
Compliance Strategies
1. Outfall Relocation - Relocating the outfall from the relatively small Ashland Creek to the
much -larger Bear Creek would provide sufficient receiving flows and mixing to achieve
compliance with regulations pertaining to mixing zones, thermal plume provisions, toxic
substances, and some components of cold water protection criteria. These compliance
standards pertain to "near -field" impacts, which are measured as the localized effects
of discharging effluent to a receiving water. Outfall relocation resolves most "near -field"
impacts.
a. This project is currently under construction and will be competed in 2023.
2. Water Quality Temperature Trading Program - Establishment of a water quality trading
program within the Bear Creek watershed allows the City to offset excess thermal loads
(ETL) exceedances with riparian restoration in areas where streamside shade is lacking.
The shade provided by restoring a native riparian forest ecosystem reduces the solar
load in the water, thus reducing excess warming. Water quality trading allows the City
to achieve compliance with the Total Maximum Daily Load (TMDL) temperate criteria
and biologically based numeric criteria, as well as some provisions of cold water
protection criteria. The City has a "target thermal reduction need" of 131.5 million
kilocalories per day, which includes a 2:1 trading ratio of the 65 million kCal/day base ETL
exceedance to account for a time lag following initial planting of the shade -producing
trees. Compliance standards that can be achieved by water quality trading resolve the
"far -field" impacts, measured at the point of maximum impact, which in this case is the
ETL exceedance near the confluence of Bear Creek and the Rogue River.
a. This project is currently ongoing. In 2022 the total annualized credit generation
for the water quality trading program was 40 million kCal/Dam
3. Treatment Wetlands - If necessary, the City is prepared to further mitigate temperature
and thermal plume impacts via use of treatment wetlands to cool effluent prior to
release into receiving waters. The City purchased additional land in 2017 in preparation
for this mitigation strategy. At this time, the City believes it can comply with proposed
ETL limits using the two strategies described above but is prepared to initiate a
treatment wetland project if needed.
a. Scope of work to be generated if cold water release found to not be a viable
solution to shoulder season temperature exceedances.
4. Cold Water Releases -The City may utilize limited cold water releases from Reeder
Reservoir during brief periods when conditions render the other mitigation efforts
insufficient. The City approaches cold water releases as a last resort contingency plan
for achieving temperature compliance.
Page 4 of 6
•'"•:� Council Business Meeting
a. Scope of work considered under this contract before Council for award.
PREVIOUS COUNCIL ACTIONS
Council has taken numerous actions over the past decade that have had a nexus to renewal of the
NPDES permit, including:
• March 15, 2011 - DEQ and Keller Associates presented effluent temperature compliance
solutions.
April 17, 2012 - Council adopted a Comprehensive Sanitary Sewer Master Plan (and
complimentary 2014 Wastewater Facilities Plan) that recommended a combination of
relocating the outfall from Ashland Creek to Bear Creek, effluent discharge through
constructed wetlands during various times of the year, selective discharges from Reeder
Reservoir, and water quality temperature trading to meet excess thermal loading
exceedances.
• May 6, 2014 -City hired CH2M Hill (now Jacobs) to complete an outfall relocation study.
The study investigated and recommended the best outfall relocation spot on Bear Creek
that could comply with the mixing zone, thermal plume and toxics requirements
anticipated in the updated NPDES permit.
• December 5, 2017 -City hired CH2M Hill (now Jacobs) to complete pre -engineering for
the Outfall Relocation project. Predesign, including environmental permitting, was
complete in early 2020.
• May 15, 2018 - Council approved the purchase of property adjacent to the treatment land
for potential future use, in part, as treatment wetlands.
• September 4, 2018 - Council approved a contract with The Freshwater Trust to initiate
Phase 1 of the Water Quality Trading Partnership. Development of a water quality
temperature trading plan, in consultation with DEQ, was complete during Phase 1.
• September 3, 2019 - Council approved a contract with The Freshwater Trust to initiate
Phase 2 of the Water Quality Trading Partnership. Phase 2 is characterized by a six -year
agreement during which the contractor will implement water quality temperature
trading plan accepted by DEQ.
• February 1, 2021 - Council received an update on the status of permit renewal and
associated mitigation projects.
• May 4, 2021 - Council approved a contract with Jacobs to complete final engineering for the
Outfall Relocation project.
• May 23, 2022 - Council approved a construction contract with Pilot Rock for construction of the
outfall relocation project.
Page 5 of 6
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•� Council Business Meeting
FISCAL IMPACTS
The proposed fee for the scope of work is $234,035 and will come from existing appropriations within
the Wastewater Treatment Fund. A certain percentage of the work will be conducted in fiscal year
2024 and staff will need to request additional appropriations through the 2023-2025 Budget Process
for this work.
DISCUSSION QUESTIONS
N/A
SUGGESTED NEXT STEPS
Next steps include providing The Freshwater Trust with formal notice to proceed for the project. Staff
expects to bring back findings to Council the basic feasibility of cold -water flow augmentation to the
Council later in 2023 for discussion and formal next steps to ensure NPDES compliance.
MOTIONS
I move to approve a Legal Department approved professional services contract with The Freshwater Trust in an
amount not to exceed $234,035.
REFERENCES & ATTACHMENTS
Attachment #1: Professional Services Contract - The Freshwater Trust "Flow Augmentation Feasibility"
Attachment #2: Request for Proposal - Solicitation Document
Page 6 of 6
IrM
PERSONAL SERVICES ACTREEMEN'1' ((Treater than $35
CONSULTANT: THE FRESHWATER TRUST
CITY OF CONSULTANT'S CONTACT: DANIELLE DUMONT
AS H LAND ADDRESS: 700 SW TAYLOR, SUITE 200
20 East Main Street PORTLAND, OR 97205
Ashland, Oregon 97520
Telephone: 541/488-5587 TELEPHONE: (503) 222-9091 x42
Fax: 541/488-6006
EMAIL: danielle(dthefreshwatertrust.org
This Personal Services Agreement (hereinafter "Agreement") is entered into by and between the City
of Ashland, an Oregon municipal corporation (hereinafter "City") and THE FRESHWATER TRUST, a domestic
professional corporation ("hereinafter "Consultant"), for Flow Augmentation Water Quality Trading Plan for
Excess Thermal Load.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the City and
Consultant hereby agree as follows:
1. Effective Date and Duration: This Agreement shall become effective on the date of execution on
behalf of the City, as set forth below (the "Effective Date"), and unless sooner terminated as specifically
provided herein, shall terminate upon the City's affirmative acceptance of Consultant's Work as
complete and Consultant's acceptance of the City's final payment therefore, but not later than June 30,
2024.
2. Scope of Work: Consultant will provide Flow Augmentation Water Quality Trading Plan for Excess
Thermal Load as more fully set forth in the Consultant's Proposal dated 1/11/2023, which is attached
hereto as "Exhibit A" and incorporated herein by this reference. Consultant's services are collectively
referred to herein as the "Work."
3. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting
documents shall be construed to be mutually complimentary and supplementary wherever possible. In
the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control
over any conflicting provisions in any of the exhibits or supporting documents.
4. All Costs Borne By Consultant: Consultant shall, at its own risk and expense, perform the Work
described above and, unless otherwise specified in this Agreement, furnish all labor, equipment, and
materials required for the proper performance of such Work.
5. Qualified Work: Consultant has represented, and by entering into this Agreement now represents, that
all personnel assigned to the Work to be performed under this Agreement are fully qualified to perform
the service to which they will be assigned in a skilled and worker -like manner and, if required to be
registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded.
Page 1 of 6: Personal Services Agreement with THE FRESHWATER TRUST.
6. Compensation: City shall pay Consultant the NOT TO EXCEED sum of $234,035.00 as full
compensation for Consultant's performance of all Work under this Agreement. In no event shall
Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of
$234,035.00 without the express, written approval from the City official whose signature appears below,
or such official's successor in office. Payments shall be made within 30 days of the date of receipt by
the City of Consultant's invoice. Should this Agreement be terminated prior to completion of all Work,
payments will be made for any phase of the Work completed and accepted as of the date of termination.
7. Ownership of Work/Documents: All Work product or deliverables produced as specified in Exhibit A
of this Agreement shall become the physical property of the City. To the extent the Work product and
deliverables incorporate pre-existing intellectual property of Consultant, Consultant hereby grants City a
perpetual, fully paid, nonexclusive and nontransferable license to use such pre-existing property for
City's purposes as specified in Exhibit A. Consultant retains ownership of any and all copyright, patent,
trademark, proprietary or any other protected intellectual property rights included in, or delivered with,
the Work product or deliverables. The City has a perpetual, royalty -free license to use the Work.
8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by
reference into this Agreement: ORS 279B.220, 279B.230 and 27913.235.
9. Living Wage Requirements: If the amount of this Agreement is $20,688.86 or more, Consultant is
required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as
defined in that chapter, to all employees performing Work under this Agreement and to any
Subcontractor who performs 50% or more of the Work under this Agreement. Consultant is also
required to post the notice attached hereto as "Exhibit B" predominantly in areas where it will be seen
by all employees.
10. Indemnification: Consultant hereby agrees to defend, indemnify, save, and hold City, its officers,
employees, and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, or
damages resulting from injury to any person (including injury resulting in death), or damage (including
loss or destruction) to any property, of whatsoever nature arising out of or incident to the performance of
this Agreement by Consultant, its officers, employees, and agents. To the extent permitted under the
Oregon Tort Claims Act, City hereby agrees to defend, indemnify, save, and hold Consultant, its
officers, employees, and agents harmless from any and all losses, claims, actions, costs, expenses,
judgments, or damages resulting from or caused by the negligence or wrongful acts of City, its officers,
employees, and agents.
11. Termination:
a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both
parties.
b. City's Convenience. This Agreement may be terminated by City at any time upon not less than
30 days' prior written notice delivered by certified mail or in person.
C. For Cause. City may terminate or modify this Agreement, in whole or in part, effective upon
delivery of written notice to Consultant, or at such later date as may be established by City under
any of the following conditions:
i. If City funding from federal, state, county or other sources is not obtained and continued at
levels sufficient to allow for the purchase of the indicated quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a
way that the services are no longer allowable or appropriate for purchase under this
Page 2 of 6: Personal Services Agreement with THE FRESHWATER TRUST.
Agreement or are no longer eligible for the funding proposed for payments authorized by this
Agreement; or
iii. If any license or certificate required by law or regulation to be held by Consultant to provide
the services required by this Agreement is for any reason denied, revoked, suspended, or not
renewed.
d. For Default or Breach.
Either City or Consultant may terminate this Agreement in the event of a breach of the
Agreement by the other. Prior to such termination the party seeking termination shall give to
the other party written notice of the breach and its intent to terminate. If the party
committing the breach has not entirely cured the breach within fifteen (15) days of the date of
the notice, or within such other period as the party giving the notice may authorize in writing,
then the Agreement may be terminated at any time thereafter by a written notice of
termination by the party giving notice.
ii. Time is of the essence for Consultant's performance of each and every obligation and duty
under this Agreement. City by written notice to Consultant of default or breach may at any
time terminate the whole or any part of this Agreement if Consultant fails to provide services
called for by this Agreement within the time specified herein or within any extension thereof.
iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in
addition to any other rights and remedies provided by law or under this Agreement.
e. Obligation/Liability of Parties. Termination or modification of this Agreement pursuant to
subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either
party already accrued prior to such termination or modification. However, upon receiving a
notice of termination (regardless whether such notice is given pursuant to Subsection a, b, c, or d
of this section, Consultant shall immediately cease all activities under this Agreement, unless
expressly directed otherwise by City in the notice of termination. Further, upon termination,
Consultant shall deliver to City all Agreement documents, information, works -in -progress and
other property that are or would be deliverables had the Agreement been completed. City shall
pay Consultant for Work performed prior to the termination date if such Work was performed in
accordance with this Agreement. Consultant's liability for all claims related to this Agreement
are limited to direct damages. This limit applies collectively to Consultant, its subsidiaries,
contractors, and suppliers, Consultant will not be liable for special, incidental, exemplary,
indirect, or economic consequential damages, or lost profits, business, value, revenue, goodwill
or anticipated savings.
12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the
City for any purpose. Consultant shall have the complete responsibility for the performance of this
Agreement. Consultant shall provide workers' compensation coverage as required in ORS Chapter 656
for all persons employed to perform Work pursuant to this Agreement. Consultant is a subject employer
that will comply with ORS 656.017.
13. Assignment: Consultant shall not assign this Agreement or subcontract any portion of the Work
without the written consent of City. Any attempted assignment or subcontract without written consent
of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or
subcontractors and of all persons employed by them, and the approval by City of any assignment or
Page 3 of 6: Personal Services Agreement with THE FRESHWATER TRUST.
subcontract of the Work shall not create any contractual relation between the assignee or subcontractor
and City.
14. Default. The Consultant shall be in default of this Agreement if Consultant: commits any material
breach or default of any covenant, warranty, certification, or obligation under the Agreement; institutes
an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general
assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified
in its obligations under the Agreement; or attempts to assign rights in, or delegate duties under, this
Agreement.
15. Insurance. Consultant shall, at its own expense, maintain the following insurance:
a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject
employers to provide Oregon workers' compensation coverage for all their subject workers
b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than
$2,000,000 (two million dollars) per occurrence. This is to cover any damages caused by error,
omission or negligent acts related to the professional services to be provided under this Agreement.
c. General Liability insurance with a combined single limit, or the equivalent, of not less than
$2,000,000 (two million dollars) per occurrence for Bodily Injury, Death, and Property Damage.
d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than
$1,000,000 (one million dollars) for each accident for Bodily Injury and Property Damage, including.
coverage for owned, hired or non -owned vehicles, as applicable.
e. Notice of cancellation or chance. There shall be no cancellation, material change, reduction of limits
or intent not to renew the insurance coverage(s) without 30 days' prior written notice from the
Consultant or its insurer(s) to the City.
f. Additional Insured/Certificates of Insurance. Consultant shall name the City of Ashland, Oregon,
and its elected officials, officers and employees as Additional Insureds.on any insurance policies,
excluding Professional Liability and Workers' Compensation, required herein, but only with
respect to Consultant's services to be provided under this Agreement. The consultant's insurance is
primary and non-contributory. As evidence of the insurance coverages required by this Agreement,
the Consultant shall furnish acceptable insurance certificates prior to commencing the Work under
this Agreement. The certificate will specify all of the parties who are Additional Insureds. Insuring
companies or entities are subject to the City's acceptance. If requested, complete copies of
insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be
financially responsible for all pertinent deductibles, self -insured retentions, and/or self-insurance.
16. Nondiscrimination: Consultant agrees that no person shall, on the grounds of race, color, religion,
creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical
disability, sexual orientation, gender identity or source of income, suffer discrimination in the
performance of any Work under this Agreement when employed by Consultant. Consultant agrees to
comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules
and regulations. Further, Consultant agrees not to discriminate against a disadvantaged business
enterprise, minority -owned business, woman -owned business, a business that a service -disabled veteran
owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as
required by ORS 279A.I 10.
17. Consultant's Compliance With Tax Laws:
17.1 Consultant represents and warrants to the City that:
Page 4 of 6: Personal Services Agreement with THE FRESHWATER TRUST.
17.1.1 Consultant shall, throughout the term of this Agreement, including any extensions hereof,
comply with:
(i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS
Chapters 316, 317, and 318;
(ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable
to Consultant; and
(iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any
of the foregoing tax laws or provisions.
17.1.2 Consultant, for a period of no fewer than six (6) calendar years preceding the Effective Date
of this Agreement, has faithfully complied with:
(i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS
Chapters 316, 317, and 318;
(ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable
to Consultant; and
(iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any
of the foregoing tax laws or provisions.
18. Governing Law; Jurisdiction; Venue: This Agreement shall be governed and construed in accordance
with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or
doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City and the
Consultant that arises from or relates to this Agreement shall be brought and conducted solely and
exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim
must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within
the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant,
by its signature hereon of its authorized representative, hereby consents to the in personam jurisdiction
of said courts.
19. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE
UNDERSTANDING AND AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT,
MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL BIND EITHER
PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC
INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS,
AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN
REGARDING THIS AGREEMENT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED
REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS
AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
20. Amendments. This Agreement may be amended only by written instrument executed by both parties
with the same formalities as this Agreement.
21. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently
available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal
year budget. Consultant understands and agrees that City's payment of amounts under this Agreement
attributable to Work performed after the last day of the current fiscal year is contingent on City
appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable
administrative discretion, to continue to make payments under this Agreement. In the event City has
insufficient appropriations, limitations or other expenditure authority, City may terminate this
Page 5 of 6: Personal Services Agreement with THE FRESHWATER TRUST.
Agreement without penalty or liability to City, effective upon the delivery of written notice to
Consultant, with no further liability to Consultant.
22. Certification. Consultant shall sign the certification attached hereto as "Exhibit C" and incorporated
herein by this reference.
CITY OF ASHLAND: THE FRESHWATER TRUST (CONSULTANT):
By: By:
City Manager Signature
Printed Name Printed Name
Date Title
Date
Purchase Order No. (W-9 is to be submitted with this signed Agreement)
APPROVED AS TO FORM:
Carmel Zahran
2/15/2023
Assistant City Attorney
Date
Page 6 of 6: Personal Services Agreement with THE FRESHWATER TRUST.
EXHIBIT C
CERTIFICATIONS/REPRESENTATIONS: Consultant, by and through its authorized representative, under
penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is
waiting for the number to be issued to it and (b) Consultant is not subject to backup withholding because: (i) it
is exempt from backup withholding, or (ii) it has not been notified by the Internal Revenue Service (IRS) that it
is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has
notified it that it is no longer subject to backup withholding. Consultant further represents and warrants to City
that: (a) it has the power and authority to enter into and perform the Work, (b) the Agreement, when executed
and delivered, shall be a valid and binding obligation of Consultant enforceable in accordance with its terms, (c)
the work under the Agreement shall be performed in accordance with the highest professional standards, and (d)
Consultant is qualified, professionally competent, and duly licensed (if applicable) to perform the Work.
Consultant also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, it
is an independent contractor as defined in the Agreement, it is authorized to do business in the State of Oregon,
and Consultant has checked four or more of the following criteria that apply to its business.
(1) Consultant carries out the work or services at a location separate from a private residence or is in
a specific portion of a private residence, set aside as the location of the business.
(2) Commercial advertising or business cards or a trade association membership are purchased for
the business.
(3) Telephone listing is used for the business separate from the personal residence listing.
(4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are performed for two or more different persons within a period of one year.
(6) Consultant assumes financial responsibility for defective workmanship or for service not
provided as evidenced by the ownership of performance bonds, warranties, errors and omission
(professional liability) insurance or liability insurance relating to the Work or services to be
provided.
Consultant
Date
Page 1 of 1 EXHIBIT C
City of Ashland
LIVING
WAGE
per hour, effective June 30, 2022.
IWAL&A The Living Wage is adjusted annually every
June 30 by the Consumer Price Index.
➢ For all hours worked under a service
contract between their employer and
the City of Ashland if the contract
exceeds $24,050.68 or more.
➢ For all hours worked in a month if the
employee spends 50% or more of the
employee's time in that month
working on a project or portion of
business of their employer, if the
employer has ten or more employees,
and has received financial assistance
for the project or business from the
City of Ashland in excess of
$24,050.68.
➢ If their employer is the City of
Ashland, including the Parks and
Recreation Department.
➢ In calculating the living wage,
employers may add the value of
health care, retirement, 401 K and IRS
eligible cafeteria plans (including
childcare) benefits to the amount of
wages received by the employee.
Note: For temporary and part-time
employees, the Living Wage does not
apply to the first 1040 hours worked in
any calendar year. For more details,
please see Ashland Municipal Code
Section 3.12.020.
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator,
City Hall, 20 East Main Street, Ashland, OR 97520, or visit the City's website at www.ashland.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all
employees.
CITY OF
-AS H LA N D
Page 1 of 1 EXHIBIT B
THE
s, FRESHWATER
TRUST`
The Freshwater Trust protects and restores
freshwater ecosystems. Using science, technology
and incentive -based solutions, we're changing the
course of conservation on a timeline that matters.
City of Ashland
Flow Augmentation Water Quality Trading Plan for Excess Thermal Load
Scope of Work
January 11, 2023
Background:
The City of Ashland, Oregon (City) outlined the components of the Flow Augmentation Water Quality Trading
Plan for Excess Thermal Load (Project 2012-12) in a public Request for Qualifications Based Proposals that
closed in April 2022. The project components described in that document were broken into the following
project phases:
Phase 1, Feasibility/ Limitations Study
Phase 2, Thermal Benefit Analysis
Phase 3, Water Quality Trading Plan Development
Following the evaluation of two qualifications -based proposals, the City notified The Freshwater Trust (TFT) in
September 2022 that the City intends to begin contract negotiations for professional services with TFT for
Project #2021-12 Flow Augmentation Water Quality Trading Plan for Excess Thermal Load. Below is the
proposed Scope of Work and Budget submitted by TFT and its partners: Jacobs Engineering Group (Jacobs),
Applied Ecosystem Sciences (AES) and Formation Environmental (FE) (collectively the "Consulting Team").
This document outlines our proposed approach, scope of work, and estimated budget to complete Phase 1 of
the project, as requested by the City. The City plans to contract for Phases 2 and 3 of the project separately.
Project Objectives
The project objectives were outlined in the Request for Qualifications Based Proposals, as summarized below.
This project will facilitate regulatory compliance with Excess Thermal Load (ETL) water quality provisions and
compliance schedule requirements in the City's newly renewed National Pollution Discharge Elimination
System (NPDES) Permit, effective March 1, 2022. The NPDES Permit regulates effluent discharges from the
Wastewater Treatment Plant (WWTP) to receiving waters in Bear Creek and Ashland Creek. The Consulting
Team will provide applicable studies, analysis, modeling, and reporting leading to, and including, the
development of a water quality trading plan to support flow augmentation pursuant to applicable Oregon
Water Quality Trading rules in OAR 340-039. The trading plan will provide a strategy for ETL reduction at the
WWTP outfall in Bear Creek via controlled releases of stored cold water from Reeder Reservoir. The project
phases and schedules are based on the NPDES Permit Compliance Schedule, and will include the following
tasks and phases:
Phase 1: Feasibility/Limitations Study - Complete a study and submit findings to Oregon
Department of Environmental Quality (DEQ) identifying the feasibility and limitations of flow
Scope of Work: Flow Augmentation Water Quality Trading Plan
augmentation to Bear Creek via cold -water releases in Ashland Creek from Reeder Reservoir. A final
report on feasibility must be submitted to DEQ by March 1, 2024.
• Phase 2: Thermal Benefit Analysis - Complete a study and submit findings to DEQ, quantifying
thermal benefits of cold -water releases from Reeder Reservoir at the WWTP outfall site in Bear Creek.
A final report on the study on the thermal benefits of cold -water releases must be submitted to DEQ
by March 1, 2025.
Phase 3: Water Quality Trading Plan Development - Develop a DEQ-approved Flow Augmentation
Water Quality Trading Plan (Plan) that details an analysis approach to evaluate benefits transferrable
to the outfall site in Bear Creek and permit conditions. A draft Plan must be submitted to DEQ by
March 1, 2026, and ETL limit compliance must be fully achieved by March 1, 2027. While not explicitly
stated in the Compliance Schedule, it is inferred that full compliance includes submission of a Final
Plan, following standard applicant and public review periods.
Proposed Scope of Work
In Phase 1,TFT and its partners will complete a study identifying the feasibility and limitations of flow
augmentation to Bear Creek via cold -water releases in Ashland Creek from Reeder Reservoir and will support
the City in discussing findings with the Oregon Department of Environmental Quality (DEQ). Phase 1 of the
project is organized into four tasks. In addition, there are two contingent tasks proposed under this scope that
may need to be executed during the Phase 1 timeframe in order to complete Phase 2 work in a timely manner.
The tasks include:
Phase 1: Feasibility/ Limitations Study
• Task 1 Project Management
• Task 2 Initial Technical Analysis and Data Gap Evaluation
• Task 3 Feasibility/Limitations Study and Report
• Task 4 Regulatory Support
Contingent Task A: LiDAR Mapping of Ashland Creek
Contingent Task B: Ashland Creek Temperature Data Collection
The work included under each task is detailed further in the following sections.
General Assumptions
The level of effort and cost are based on the following general assumptions:
• Services covered under this project begin with Notice to Proceed and end with delivery of the
deliverables noted under this scope of work.
• The Notice to Proceed is issued on or before March 1, 2023.
The City will provide TFT and its partners with all data in City's possession relating to services
provided in this scope in response to data requests from TFT and its partners to the City. TFT and its
partners will reasonably rely upon the accuracy, timeliness, and completeness of the information
provided by the City.
Additional assumptions are noted under individual subtasks.
Scope of Work: Flow Augmentation Water Quality Trading Plan
Task 1 Project Management
TFT will organize and manage the Consulting Team, oversee the project, and coordinate with the City project
manager and City staff. TFT will ensure that the work is performed with care, skill, and diligence and follows
the team's quality control program. TFT, its partners, and City staff will meet during project duration at
minimum once per month, including to review the scope, budget, schedule, and deliverables. TFT shall
prepare monthly invoices and progress reports that cover:
• Work Completed during the month by work task as a percentage of completion.
• Needs for additional information or reviews by the City.
• Any scope, schedule, or budget issues and changes.
Upon written approval from the City, TFT will also prepare contracting for Phase 2 of the project.
Assumptions:
• Task begins in Q12023 - Q2 2024 for a 14-month duration.
• Regular meetings will occur virtually at least once per month between the City and TFT, with
Consulting Team members included as necessary.
• As described further under Task 3, a draft go/no go decision on Phase 2 contracting will occur by
October 31, 2023. Upon written approval from the City, TFT will initiate preparations for Phase 2
contracting to be ready to begin Phase 2 work by February 1, 2024.
• Decisions on contingent tasks will be held with the City to initiate Contingent Task B (temperature
monitoring) no later than July 31, 2023 and Contingent Task A (LiDAR mapping) no later than October
31, 2023 if Phase 2 work is likely to proceed.
Task 2 Initial Technical Analysis and Data Gap Evaluation
TFT and its partners will review existing data necessary to complete the feasibility/limitations study and the
thermal benefits analysis. Data sources reviewed will include:
• Infrastructure documentation, including Hosier Dam and penstock, as well as documentation related
to the powerhouse, water treatment plant (WTP) and wastewater treatment plant (WWTP) as relevant.
• Reeder Reservoir and Ashland Creek water quality and flow/volume data and reporting that supports
conceptual flow augmentation plans.
• Updated future WWTP effluent flow rate projections (Jacobs 2019).
• Existing and future planned ETL credits to be provided through riparian restoration.
• City plans for water right acquisitions and modified Ashland Creek water right release schedules.
• Recent WWTP flow, temperature, and ETL data consistent with the new NPDES permit.
• Recent LiDAR data necessary for thermal model development.
• Recent stream temperature data from Ashland Creek from periods planned for cold -water releases.
• Recent channel measurements from multiple locations along Ashland Creek.
Based on the initial review of existing data compiled to date, TFT and its partners will develop an initial data
gap analysis and may submit a data request to the City for further information that may be in the City's
possession. After additional data is received from the City and reviewed, TFT and its partners will set up
meetings with City staff to discuss the information provided and ensure the team has the relevant information
to begin Task 3.
Scope of Work: Flow Augmentation Water Quality Trading Plan
Assumptions:
• Meetings with City staff for review of information provided will be held via web conferencing, with
requested information provided to the Consulting Team in a reasonably timely manner.
Task 3 Feasibility/Limitations Study and Report
TFT and its partners will evaluate the feasibility and limitations of flow augmentation and document findings
in a report for the City. The feasibility and limitations assessments will include the following items (firm with
lead responsibility are indicated in parentheses):
• ETL Analysis Update (Jacobs/TFT) - An update to the required ETL offset magnitude and timing that
will be required from flow releases to supplement ETL from riparian shade projects.
• Reservoir Water Quality Assessment (AES)- An assessment of water quality dynamics within Reeder
Reservoir that may affect Ashland Creek and the City's WTP source water when releasing water from
lower depths in Reeder Reservoir.
• Reservoir Water Quantity Assessment (Jacobs/AES)- An assessment of the maximum rates and
timing of cold -water flow release for temperature control from Reeder Reservoir that can be allowed,
considering the City's overall water supply, water demand, the volume of the reservoir, and the
volume of cold water available at depth.
• Infrastructure Capability Assessment (Jacobs) - An assessment of existing infrastructure
ability/limitations to operate cold -water releases from deep outlets at Reeder Reservoir.
• Water Treatment Impacts Assessment (Jacobs) - An assessment of the potential impacts to water
treatment processes and potential mitigation measures to reduce impacts of changed source water
quality on WTP operations.
• Preliminary Thermal Benefits Assessment (Jacobs/Formation) - An assessment of the potential
thermal benefits available at the WWTP Bear Creek Outfall resulting from changes to operations of
Reeder Reservoir for cold -water release.
• Thermal Model Development Planning (Formation/Jacobs)- An evaluation of available existing
relevant data sources and identification of additional data that will be necessary to complete the
thermal model described under Phase 2. This will include a description of how the model will be used
in Phase 2 to define ETL credits available at the WWTP Bear Creek Outfall.
• Permit requirements potentially triggered by a change in Reeder Reservoir operations
(TFT/Jacobs).
During the Feasibility/Limitations Study, TFT and its partners and the City will meet to discuss preliminary
feasibility and produce a draft go/no go decision on Phase 2 Thermal Benefits Analysis work by October 31,
2023. This decision point is necessary before completion of Task 3 to allow the project team to prepare for
Phase 2 contracting and data collection on a timeline necessary to stay on track with the City's NPDES Permit
Compliance Schedule.
The feasibility and limitations assessments will be documented in a compiled Feasibility/Limitations Study
Report. A draft report will be provided to the City by January 2024. The final report that integrates City
feedback will be provided to the City by February 2024, ahead of the City's deadline to submit the final report
to DEQ by March 1, 2024.
Assumptions:
Scope of Work: Flow Augmentation Water Quality Trading Plan
• This task includes one team field visit to meet with City staff at Reeder Reservoir and the WTP. In
attendance will be up to 2 TFT staff, 2 Jacobs staff, and 1 AES staff member.
• A draft go/no go decision on Phase 2 contracting and data collection will occur by October 31, 2023.
• The City will review and provide comments on the draft Feasibility Study within approximately two
weeks of draft report submittal.
Task 4 Regulatory Support
TFT and its partners will assist the City in responding to questions or concerns from DEQ related to the
Feasibi(ity/Limitations Study and Report and key findings.
Assumptions:
• Relevant meetings will be held between the City and DEQ during the development of the report.
• Relevant meetings will be held between the City and DEQ within two months after the final report is
submitted to DEQ.
• Up to two TFT staff and up to two Jacobs staff will support the City in preparation and attendance at
these meetings, with as needed support from other Consulting Team members.
• Meetings will be held via web conferencing.
Phase 1 Timeline:
Q12023 - Q2 2024 or 14 months to complete
Phase 1 Estimated Cost: $234,035
Phase 1 Deliverables:
A) Monthly progress reports submitted with invoice documentation.
B) Draft Feasibility Study report provided to the City by January 2024.
C) Final Feasibility Study report provided to the City by February 2024, ahead of the City's deadline to
submit the final report to DEQ by March 1, 2024.
Contingent Task A: LiDAR Mapping of Ashland Creek
If existing available LiDAR data is not adequate to construct a thermal model of Ashland Creek from Reeder
Reservoir to the Bear Creek confluence, this contingent task would cover the acquisition of new LiDAR data
covering that stream reach. While data acquisition would not likely occur until 2024, contracting for this
service would need to be initiated in 2023 and the funds approved as part of Phase 1 to avoid the potential for
major gaps in data needed to complete Phase 2 work.
Assumptions:
• High -resolution data collected using unmanned aerial vehicle (UAV).
• Contracting for LiDAR mapping initiates by October 31, 2023.
• Data collection to occur during leaf -off conditions (approximately November 2023 - February 2024).
Contingent Task A Estimated Cost: $43,625
Contingent Task B: Ashland Creek Stream Temperature Data Collection
If existing available continuous temperature data is not adequate to construct a thermal model of Ashland
Creek from Reeder Reservoir to the Bear Creek confluence, this contingent task would cover the acquisition of
Scope of Work: Flow Augmentation Water Quality Trading Plan
new continuous stream temperature data covering that stream reach. Planning and data acquisition would
need to be initiated in 2023 and the funds approved as part of Phase 1 to avoid the potential for major gaps in
data needed to complete Phase 2 work.
Assumptions:
• Local TFT staff collects this data.
• TFT purchases thermistors to collect the data.
• Thermistors to be placed at up to five locations distributed along Ashland Creek and to be deployed
for up to a 5-month period (September 2023 to January 2024). Locations to be coordinated with the
City, and the City will help secure any approvals needed to make right placements.
• Will take all reasonable measures to conceal thermistors but no guarantees against theft and
subsequent loss of data.
Contingent Task B Estimated Cost: $14,744
Scope of Work: Flow Augmentation Water Quality Trading Plan
Schedule:
The following schedule is estimated for work on Phase 1, assuming a contract is finalized on or before March 1, 2023.
Estimated Budget:
TFT will perform work on a time and materials basis. The budget for Phase 1 is$234,035. Contingent Tasks A &
B totaling $58,369 will only be activated following written notice to proceed from the City. A summary of total
cost by top task is provided in the table below. A detailed breakdown of hours, labor costs, expenses, and
total cost by subtask is provided in the attached Exhibit A.
#
Description
Cost
Phase 1
Feasibility/ Limitations Study
$234,035
Contingent Task
LiDAR Mapping of Ashland Creek
$43,625
Contingent Task 8
Ashland Creek Stream Temperature Data Collection
$14,744
Who to contact for next steps
The Freshwater Trust appreciates the City's interest and review. Please direct questions, comments, and
additions to:
Tim Wigington
VP Finance & Policy
The Freshwater Trust
tim@thefreshwatertrust.org
503.222.9091 x41
Scope of Work: Flow Augmentation Water Quality Trading Plan
Olivia Duren
Restoration Program Manager
The Freshwater Trust
olivia@thefreshwater.org
503.222.9091 x51
REQUEST
FOR QUALIFICATIONS BASED
PROPOSALS
Professional Services
PROJECT NO. 2021-12
Flow Augmentation Water Quality Trading Plan for Excess Thermal Load
PROJECT NO: 2021-12: Flow Augmentation Water Quality
Trading Plan for Excess Thermal Load
PROJECT TYPE: Professional Engineering Services
PROPOSALS DUE: April 7, 2022 not later than 2:00 PM PST
SUBMIT PROPOSALS TO: City of Ashland Public Works — Engineering
51 Winburn Way, Ashland OR 97520;
or by mail to:
20 E. Main Street, Ashland, OR 97520
CITY PROJECT MANAGER: Kaylea Kathol, PMP, Sr. Project Manager
PROJECT DURATION: Phase 1: Feasibility Study (18-24 months)
Phase 2: Thermal Benefit Analysis (12 months)
Phase 3: Trading Plan Development (12 months)
and Finalization (12 months)
ILVI
CITY OF
-ASHLAND
PUBLIC WORKS ENGINEERING
20 E. MAIN STREET
ASHLAND OR 97520
541/488-5S87
CONTENTS
ADVERTISEMENT...............................................................................................................................3
SECTION 1 - PROJECT OVERVIEW........................................................................................................4
1.1
OBJECTIVES......................................................................................................................................4
1.2
BACKGROUND INFORMATION..............................................................................................................4
1.3
REFERENCE DOCUMENTS....................................................................................................................5
SECTION 2 - SCHEDULE.......................................................................................................................6
SECTION 3 - SCOPE OF SERVICES.........................................................................................................6
3.1
GENERAL REQUIREMENTS...................................................................................................................6
3.2
SPECIFIC REQUIREMENTS....................................................................................................................7
3.2.1
Phase 1: Feasibility/Limitations Study.........................................................................................
7
3.2.2
Phase 2: Thermal Benefit Analysis..............................................................................................
7
3.2.3
Phase 3: Water Quality Trading Plan Development....................................................................
7
SECTION 4 - EVALUATION CRITERIA....................................................................................................8
4.1
PROJECT APPROACH (20 POINTS POSSIBLE)...........................................................................................8
4.2
PROJECT EXPERIENCE (30 POINTS POSSIBLE)..........................................................................................8
4.3
PROJECT TEAM EXPERIENCE (30 POINTS POSSIBLE).................................................................................8
4.4
PROPOSERS DEMONSTRATED ABILITY TO SUCCESSFULLY COMPLETE SIMILAR PROJECTS ON TIME AND WITHIN
BUDGET(20 POINTS POSSIBLE).......................................................................................................................9
4.5
TERMINATION FOR DEFAULT (PASS OR FAIL)..........................................................................................9
4.6
SCORING..........................................................................................................................................9
SECTION 5 - EVALUATION PROCESS AND CONSULTANT SELECTION......................................................9
5.1
REVIEW AND ACKNOWLEDGMENT OF DEFECTIVE PROPOSALS.................................................................
10
5.2
RIGHT OF REJECTION........................................................................................................................
10
5.3
REFERENCES...................................................................................................................................
10
5.4
RESPONSIBILITY...............................................................................................................................10
5.5
CLARIFICATION OF RESPONSE............................................................................................................
11
5.6
INTERVIEWS....................................................................................................................................
11
5.7
FINALIST SELECTION.........................................................................................................................
11
5.8
TIES AMONG PROPOSERS..................................................................................................................11
5.9
NOTICE OF INTENT TO AWARD...........................................................................................................
11
5.10
CONTRACT NEGOTIATION.................................................................................................................
12
5.11
PROTEST PROCEDURES.....................................................................................................................12
5.12
RESULTING CONTRACT.....................................................................................................................
13
SECTION6 - CONTRACT....................................................................................................................13
6.1
CONTRACT FORM............................................................................................................................
13
6.2
BUSINESS LICENSE REQUIRED............................................................................................................
14
6.3
INSURANCE REQUIREMENTS..............................................................................................................14
6.4
LAWS AND REGULATIONS..................................................................................................................
15
SECTION 7 - INSTRUCTIONS TO PROPOSERS......................................................................................15
7.1
GENERAL........................................................................................................................................15
7.2
INFORMATION OF RECORD................................................................................................................
15
RFP
Project No. 2021-12 Page 1 of 24
7.3
PROPOSAL PREPARATION AND FORMAT..............................................................................................
15
7.4
SIGNATURE ON PROPOSAL................................................................................................................
16
7.5
PREPARATION COSTS........................................................................................................................
16
7.6
CONFORMANCE TO SOLICITATION REQUIREMENTS................................................................................
16
7.7
DEFINITIONS...................................................................................................................................16
7.8
QUESTIONS AND CLARIFICATIONS.......................................................................................................
17
7.9
PROTEST OF REQUIREMENTS.............................................................................................................
17
7.10
PROTEST OF CONTRACT AWARD.........................................................................................................
18
7.11
PROPOSAL MODIFICATION................................................................................................................
18
7.12
PROPOSAL WITHDRAWALS................................................................................................................
18
7.13
PROPRIETARY INFORMATION.............................................................................................................
18
7.14
TERMS AND CONDITIONS..................................................................................................................
19
7.15
PROPOSAL OPENING........................................................................................................................
19
SECTION 8 - PROPOSAL FORM...........................................................................................................20
APPENDICES
APPENDIX A— EXAMPLE CONTRACT, INCLUDING EXHIBIT B, EXHIBIT C
APPENDIX B — FORM W-9
ATTACHMENTS (BOUND SEPARATELY)
ATTACHMENT 1— NPDES PERMIT
RFP Project No. 2021-12 Page 2 of 24
ADVERTISEMENT
CITY OF ASHLAND PUBLIC WORKS — REQUEST FOR PROPOSALS
QUALIFICATIONS BASED SELECTION
For
PROFESSIONAL ENGINEERING SERVICES
The City of Ashland (City) is seeking Proposals for professional engineering consulting services for Project 2021-12
Flow Augmentation Water Quality Trading Plan for Excess Thermal Load. This project will facilitate regulatory
compliance with Excess Thermal Load (ETL) water quality provisions in the City's new National Pollution Discharge
Elimination System (NPDES) Permit, which regulates discharges from the Wastewater Treatment Plant (WWTP) to
receiving waters in Bear Creek and Ashland Creek. The consulting team will provide all applicable studies, analysis,
modeling, and reporting leading to, and including, the development of a water quality trading plan pursuant to
applicable Oregon Water Quality Trading rules in OAR 340-039. The Plan will provide a strategy for ETL reduction
at the WWTP outfall in Bear Creek via controlled releases of stored cold water from Reeder Reservoir. This project
will include the following phases:
Phase 1: Feasibility/Limitations Study
Phase 2: Thermal Benefit Analysis
Phase 3: Water Quality Trading Plan Development
Proposals must be physically received by April 7, 2022 not later than 2:00 PM PST (main lobby clock), in the City
of Ashland Public Works Engineering Office located at S1 Winburn Way, Ashland OR, 97520, or by mail at 20 E.
Main Street, Ashland, OR 97520. Proposers mailing Proposals should allow normal delivery time to ensure the
timely receipt of their Proposals. Any Proposal received after the date and time set for receipt of Proposals will
not be considered and will be returned to the proposer unopened. For further information, contact the City's
Project Manager, Kaylea Kathol, PMP, Sr. Project Manager at 541/488-5587 or by email at
kaylea.kathol@ashland.or.us. Consultant selection is anticipated to result in the issuance of a contract for
personal services in a form substantially similar to the one provided in this RFP.
Proposal documents may be downloaded from OregonBuys. Any addenda that may be issued relating to this RFP
will be available from Oregon Buys, and potential proposers are cautioned to continuously monitor the site for
updates and addenda.
All Proposals shall be submitted as set forth in Section 7 - Instructions to Proposers. The City is not responsible for
Proposals submitted in any manner, format, or to any delivery point other than as required by this RFP. Proposals
shall be limited to eight (8) pages.
Consultant selection will be based upon weighed criteria as set forth in this Request for Proposals and will include
criteria including, but not limited to, similar project experiences, general experience, staffing availability, schedule,
and response time.
The City of Ashland reserves the right to cancel this procurement or reject any and all Proposals in accordance with
ORS 279B.100.
Scott Fleury, PE, Public Works Director
First date of solicitation: March 8, 2022
RFP for Project No. 2021-12
RFP Project No. 2021-12 Page 3 of 24
CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
REQUEST FOR PROPOSALS — QUALIFICATIONS BASED SELECTION
PROJECT NO. 2021-12
Flow Augmentation Water Quality Trading Plan for Excess Thermal Load
SECTION 1 - PROJECT OVERVIEW
1.1 Objectives
The City of Ashland (City) is seeking written Proposals for the development of Project No. 2021-12 Flow
Augmentation Water Quality Trading Plan for Excess Thermal Load. This project will facilitate
regulatory compliance with Excess Thermal Load (ETL) water quality provisions in the City's new
National Pollution Discharge Elimination System (NPDES) Permit, effective March 1, 2022. The NPDES
Permit regulates effluent discharges from the Wastewater Treatment Plant (WWTP) to receiving waters
in Bear Creek and Ashland Creek (Attachment 1— NPDES Permit). The consulting team will provide all
applicable studies, analysis, modeling, and reporting leading to, and including, the development of a
water quality trading plan pursuant to applicable Oregon Water Quality Trading rules in OAR 340-039. The
trading plan will provide a strategy for ETL reduction at the WWTP outfall in Bear Creek via controlled
releases of stored cold water from Reeder Reservoir. The project phases and schedules are based on the
NPDES Permit Compliance Schedule, and will include, but are not specifically limited to, the following
tasks and phases:
Phase 1: Feasibility/Limitations Study - Complete a study and submit findings to Oregon
Department of Environmental Quality (DEQ) identifying the feasibility and limitations of flow
augmentation to Bear Creek via cold water releases in Ashland Creek from Reeder Reservoir. A
final report on feasibility must be submitted to DEQ by March 1, 2024.
Phase 2: Thermal Benefit Analysis - Complete a study and submit findings to DEQ, quantifying
thermal benefits of cold water releases from Reeder Reservoir at the WWTP outfall site in Bear
Creek. A final report on the study on the thermal benefits of cold water releases must be
submitted to DEQ by March 1, 2025.
Phase 3: Water Quality Trading Plan Development - Develop a DEQ-approved Flow
Augmentation Water Quality Trading Plan (Plan) that details an analysis approach to evaluate
benefits transferrable to the outfall site in Bear Creek and permit conditions. A draft Plan must
be submitted to DEQ by March 1, 2026, and ETL limit compliance must be fully achieved by
March 1 2027. While not explicitly stated in the Compliance Schedule, it is inferred that full
compliance includes submission of a Final Plan, following standard applicant- and public review
periods.
The approved consultant team will complete all phases of the project. The phases will be negotiated and
awarded collectively through a single City of Ashland Contract for Personal Services.
1.2 Background Information
On March 1, 2022 the City received a new NPDES permit from DEQ, regulating effluent discharged from
the WWTP into receiving surfaces waters (Attachment 1). Under current conditions, the effluent does
not comply with certain water quality standards in the Permit, including provisions for mixing zones,
RFP Project No. 2021-12 Page 4 of 24
temperature, and toxics, as well as limits on ETL. Accordingly, DEQ has included a Compliance Schedule
in the permit that identifies three major compliance actions the City must undertake, with key
milestones that provide a path to compliance. The Compliance Schedule is provided on page 31 of the
NPDES Permit.
Two compliance activities are underway, including a project to relocate the WWTP outfall from its
current location in Ashland Creek to Bear Creek, and a Riparian Restoration Water Quality Trading
(WQT) Program within the Bear Creek watershed. The outfall relocation project will resolve the City's
compliance obligations for mixing zones, temperature, and toxics. The ETL limit exceedances are being
addressed, in part, by the WQT Program, which is on -track to mitigate most of the City's ETL. The WQT
program generates daily thermal credits by increasing shade via riparian restoration, which blocks
thermal loading into the watershed. Thermal credits can be applied to the daily ETL from the effluent.
The third activity on the compliance schedule, and the subject of this RFP, is cold water flow
augmentation. The thermal credits generated from riparian restoration are not expected to fully
mitigate ETL exceedances projected to occur between October 15 and December 14, when reduced
shade, combined with potential low flows in Bear Creek and more stringent biological temperature
criteria lessen the effectiveness of the WQT Program. During this period the City may need to augment
flows in Bear Creek by releasing cooler water stored in Reeder Reservoir down Ashland Creek. Ashland
Creek enters Bear Creek just upstream of the new outfall location. Preliminary data collection and
analysis supports the concept of flow augmentation for compliance purposes (See Section 1.3 -
Reference Documents). However, a formalized plan to compliance has not been developed. This RFP
will result in the development of a DEQ-approved Flow Augmentation Water Quality Trading Plan (Plan).
The City will execute the Plan to achieve compliance during periods when thermal credits generated by
riparian restoration are insufficient to offset ETL exceedances.
1.3 Reference Documents
Proposers are strongly encouraged to review applicable sections of the Outfall Relocation Study by
CH2M Hill (2017). Section 5.3.2 of the report includes the data and findings of a preliminary study on
cold water releases from Reeder Reservoir as a means of compliance with ETL limits:
http://www.ashland.or.us/Files/AshIand_Outfall_Relocation_Study_FlNAL_Aug2017.pdf
In July 2021, City staff consulted with DEQ regarding examples of existing flow augmentation plans that
have been approved by the agency. The following documents were suggested by DEQ as potentially
useful guides for developing and implementing flow augmentation water quality trading.
The current Clean Water Services (CWS) Trading Plan (2016). DEQ suggests searching for the
term "flow enhancement" in this plan:
https://www.cleanwaterservices.org/media/2284/thermal-load-management-plan.pdf
Clean Water Services Annual Report (2020). Again, search for "flow enhancement" to find the
correct references.
https://www.clea nwaterservices.org/media/2682/cws-2020-water-q uaIity-credit-trading-
annual-report.pdf
• A good, albeit high-level, overview of CWS's flow augmentation strategy in their integrated Plan:
https://www.cleanwaterservices.org/media/2645/cws-integrated-plan_2020.pdf
RFP Project No. 2021-12 Page 5 of 24
DEQ recently approved a trading plan for the Willamette Water Supply System (WWSS) to offset
their ETL. DEQ does not think the WWSS is actively pursuing flow augmentation at present, but
provides a good concept in their trading plan:
http://www.ourreliablewater.org/wordpress/wp-
content/uploads/2020/10/WWSS_Trading_Plan_Approval_Signed_20201023.pdf
SECTION 2 - SCHEDULE
The schedule of events listed below represent City's estimated schedule for this request for proposal.
This schedule is SUBECT TO CHANGE and will be adjusted as required.
EVENT
DAILY COUNT (CALENDAR DAYS)
DATE
1.
Request for Proposal Released
0
3/8/2022
2.
Last Date for Request for changes/Protest
for Specifications/Questions
10 days prior to Proposal Closing
3/28/2022
3.
Last Date for City to Post Addenda
3 days prior to Proposal Closing
4/4/2022
4.
Solicitation Closing Date
—30 days after Proposal Release
4/7/2022
5.
Responses Evaluated
—15 days after Closing Date
4/22/2022
6.
Interviews Held (if necessary)
—25 days after Closing Date
5/2/2022
7.
Intent to Award Announced
—30 days after Closing Date
5/7/2022
8.
Contract Negotiations
—40 days after Closing Date
5/17/2022
9.
Expected Project Completion (all phases)
3/12/2027
SECTION 3 - SCOPE OF SERVICES
3.1 General Requirements
• Personnel, Materials, & Equipment: The Consultant shall provide qualified and competent personnel
and shall furnish all supplies, equipment, tools and incidentals required to accomplish the work. All
materials and supplies shall be of good quality and suitable for the assigned work.
• Safety Equipment: The Consultant shall provide and use all safety equipment including, and not
limited to hard hats, safety vests and clothing required by State, Federal regulations and
Department policies and procedures.
• Professional Responsibilities: The Consultant shall perform the work using the standards of care,
skill and diligence normally provided by a professional in the performance of such services in respect
to similar work and shall comply will all applicable codes and standards.
• Project Management: The Consultant and the City staff will meet as required during project
duration. The objectives of the meeting will include reviewing the scope, budget, schedule and
deliverables. The Consultant will organize and manage the consultant project team and coordinate
with city project manager and City staff.
RFP Project No. 2021-12 Page 6 of 24
• Monthly Invoices and Progress Reports: The Consultant shall prepare monthly invoices and progress
reports including the following:
- Work Completed during the month by work task as a percentage of completion.
- Needs for Additional Information, Reviews, or Changes to the Scope of Work.
- Scope, Schedule, and Budget Issues and Changes.
3.2 Specific Requirements
3.2.1 Phase 1: Feasibility/Limitations Study
Complete a study and submit findings to Oregon Department of Environmental Quality (DEQ) identifying
the feasibility and limitations of flow augmentation to Bear Creek via cold water releases in Ashland
Creek from Reeder Reservoir. Consultant will:
• Provide a project manager to oversee project and all contractual phases
• Review existing infrastructure documentation, including Hosler Dam and penstock, and as
applicable, powerhouse, water treatment plant and wastewater treatment plant
• Review existing water quality data and reporting supporting conceptual flow augmentation
• Identify limitations of flow augmentation, which will include at a minimum:
o Collection of any data necessary to assess the water quality effects on Ashland Creek
due to releasing water from lower depths in Reeder Reservoir.
o Determination of the maximum rates of additional flow release for temperature control
from Reeder Reservoir that can be allowed considering the City's overall water supply
and demand situation.
o Assessment of existing infrastructure ability/limitations to operate cold water releases
from deep outlets at Reeder Reservoir.
o Provide findings in a Feasibility Study report
• Assist the City in responding to any questions or concerns from DEQ
3.2.2 Phase 2: Thermal Benefit Analysis
Complete a study and submit findings to DEQ, quantifying thermal benefits of cold water releases from
Reeder Reservoir at the WWTP outfall site in Bear Creek. The study will report on:
• Development a stream temperature model for Ashland Creek to account for any potential
heating in Ashland Creek and to account for any additional temperature benefit from flow
augmentation (e.g. volume increases and residence time decreases).
• Use of the model to evaluate the thermal benefits of the cold water release from Reeder
Reservoir at the point of compliance at the Bear Creek outfall.
3.2.3 Phase 3: Water Quality Trading Plan Development
Develop a DEQ-approved Flow Augmentation Water Quality Trading Plan that details an analysis
approach to evaluate benefits transferrable to the outfall site in Bear Creek and permit conditions. The
RFP Project No. 2021-12 Page 7 of 24
Plan shall be consistent with applicable Oregon Water Quality Trading rules in OAR 340-039. The
consultant will:
• Create a Draft Plan for DEQ review
• Assist the City in responding to and resolving DEQ comments on the Draft Plan during the
applicant review period
• Attend one City Council meeting to provide technical support to staff during presentation of the
Draft Plan to City leadership
• Assist the City in resolving comments and concerns that may arise during a public review period
of the Draft Plan
• Incorporate results of review processes into a final plan for DEQ approval
A final, comprehensive task -specific scope and fee schedule will be negotiated between City and the
selected consulting firm.
SECTION 4 - EVALUATION CRITERIA
Written Proposals will be evaluated and scored and a contract may be awarded based upon the
proposer's qualifications and experience as described below:
4.1 Project Approach (20 Points Possible)
Provide a description of how your firm would approach the development a water quality trading
plan pursuant to OAR 340-039 that includes flow augmentation. Include a summary of prior
partnerships with the City of Ashland if any. Include a summary of your quality control program.
4.2 Project Experience (30 Points Possible)
a. Describe how your firm is organized and how its resources will be utilized to complete the work.
b. Provide a summary of relevant work experience associated with development of water quality
trading programs, particularly programs that include a flow augmentation component.
c. Provide a concise description of at least three (3) projects in the last ten (10) years, involving
similar work to those listed in the scope of work.
d. Indicate which members of the proposed project team, if any, who worked on the example
projects, and their involvement. These team members should be included in the Key Persons
list submitted in 4.3(b) below.
e. Submit references for three of the projects described above. Include the Client's name,
organization name, contact name, contact email and phone.
4.3 Project Team Experience (30 Points Possible)
a. Provide a description of the proposed organizational structure to be used for the project.
b. Provide a list of the key staff proposed for this project ("Key Person(s)"). Be specific on the
individuals that will play primary roles in development of the required engineering and their
experience working with municipalities on NPDES compliance projects. Provide a concise
summary of each key person(s)'s role, and a description of their relevant experience for this
project.
RFP Project No. 2021-12 Page 8 of 24
c. Submit resumes that support each Key Person's relevant experience. No more than five resumes
should be submitted as Appendix A and will not count against page limit.
Indicate which individual will manage the project and be the primary contact. Indicate the
specific experience this individual has managing project similar to the proposed project.
Provide the anticipated percentage of time devoted by each Key Person to the project during
the term of the contract. If applicable, indicate how any Key Person's availability is expected to
vary by phase.
4.4 Proposer's Demonstrated Ability to Successfully Complete Similar Projects on Time and Within
Budget (20 Points Possible)
For each of the three (3) projects listed in response to 4.2(c), provide a discussion of whether the
project was completed on time and on budget or needed to be revised. Briefly explain the
reason for any revisions, and what attempts were made to bring the project back on schedule
and within budget.
4.5 Termination for Default (Pass or Fail)
Proposers shall indicate if they have had a contract terminated for default in the last five years.
Termination for default is defined as notice to stop performance that was delivered to the
Proposer due to the Proposer's non-performance or poor performance and the issue of
performance was either (a) not litigated due to inaction on the part of the Proposer, or (b)
litigated and determined that the Proposer was in default.
NOTE: If a Proposer has had a contract terminated for default in this period, then the Proposer shall
submit full details including the other party's name, address and phone number. City of Ashland
will evaluate the facts and may, at its sole discretion, reject the Proposal on the grounds of past
performance.
4.6 Scoring
CATEGORY
POSSIBLE POINTS
POINTS SCORING
1.
Project Approach
20
2.
Project Experience
30
3.
Project Team Experience
30
4.
Demonstrated Ability to Successfully
Complete Projects on Time and Within Budget
20
6.
Termination for Default
P F
Total
100
SECTION 5 - EVALUATION PROCESS AND CONSULTANT SELECTION
Proposals will be reviewed and evaluated by an evaluation committee of reviewers consisting of at least
three City employees. The total number of points possible for written Proposals is 100, and an
additional 100 points may be scored through the interview process.
RFP Project No. 2021-12 Page 9 of 24
5.1 Review and Acknowledgment of Defective Proposals
Due to limited resources, City generally will not completely review or analyze Proposals that on their
faces fail to comply with the minimum mandatory requirements of the solicitation documents nor will
City generally investigate the references or qualifications of such proposals. Therefore, City will not
acknowledge whether or not an unsuccessful Proposal was complete, responsive, responsible, sufficient,
or lawful in any respect. This is a public solicitation, the processes and procedures which are established
and required by Oregon law and City -adopted rules. Proposers are advised to strictly follow the process,
procedures, and requirements as set forth in this RFP and not anticipate or rely on any opportunity to
negotiate, beyond such limitations that are identified herein.
5.2 Right of Rejection
Proposers must comply with all terms of this RFP and all applicable federal, state, and local laws,
administrative rules, and regulations. The City may reject any Proposal that does not comply with all of
the material and substantial terms, conditions, and performance requirements of this RFP.
Proposers may not qualify the Proposal nor restrict the rights of the City. If a Proposer does so, the City
may determine the Proposal to be a non -responsive counter-offer, and the Proposal may be rejected.
Minor informalities that may be waived include those that:
• do not affect responsiveness,
• are merely a matter of form or format,
• do not change the relative standing or otherwise prejudice other offers,
• are trivial, negligible, or immaterial in nature,
• do not reflect a material change in the work, or,
• do not constitute a reservation against a requirement or provision.
The City reserves the right to refrain from making an award if the City determines that to be in its best
interest.
A Proposal from a debarred or suspended Proposer shall be rejected.
5.3 References
The City reserves the right to investigate any and all references and the past performance information
provided in the Proposal with respect to the proposer's successful performance of similar projects,
compliance with specifications and contractual obligations, completion or delivery of a project on a
schedule, and lawful payment of employees and workers.
The City reserves the right to check any and all sources for information on a proposer's past
performance, including sources other than the references provided in the proposer's Proposal. The City
may consider information available from any source, including government bodies and regulatory
authorities.
5.4 Responsibility
The City reserves the right to investigate and evaluate, at any time prior to award and execution of the
contract, the apparent successful Proposer's responsibility for performing the contract. Submission of a
signed Proposal shall constitute approval for City to obtain any information City deems necessary to
conduct evaluation. City reserves the right to request additional information or documentation from
the successful Proposer prior to award of contract. Such information may include, but is not limited to,
RFP Project No. 2021-12 Page 10 of 24
current and recent balance sheets, income statements, cash flow statements, or a performance bond
from an acceptable surety. Failure to provide this information will result in rescission of City's Intent to
Award.
City may postpone the award of contract after announcement of the apparent successful Proposer in
order to complete its investigation and evaluation. Failure of the apparent successful Proposer to
demonstrate responsibility shall render the Proposer non -responsible and shall constitute grounds for
rejection of the proposal.
5.5 Clarification of Response
City reserves the right to request clarification of any item in any Proposal, or to request additional
information necessary to properly evaluate a particular Proposal. All request for clarification and
responses shall be in writing.
During the evaluation of Proposals, Proposers must respond to any request for clarification from the
Evaluation Committee within 24 hours of request (Monday through Friday). Inability of the Evaluation
Committee to reach a Proposer for clarification and/or failure of a Proposer to respond within the time
stated may result in rejection of the Proposer's Proposal.
5.6 Interviews
The outcome of the Proposal evaluations may result in placement on an interview (short-listed) with
time and date of the interview. Should City elect to hold interviews, the total additional points possible
for the interview will be 100.
City may invite up to three (3) of the highest -ranked firms (or at a natural break in scoring) to interview.
The Firm's Key Persons, as identified by City shall be prepared to attend the interview within five (5)
business days of notification by City, and shall be prepared to answer questions provided with the
Interview Invite letter, and questions that will be provided at the time of the interview, and discuss the
Firm's proposed project approach.
5.7 Finalist Selection
The firm with the highest total score as a result of written Proposal scoring and interview scoring, if
conducted, will be considered the Finalist, and all other firms will be ranked according to next highest
score, etc.
5.8 Ties among Proposers
If City determines after the ranking of potential firms, that two or more of them are equally qualified to
be the Finalist, City may select a candidate through any process that the City believes will result in the
best value for taking into account the scope, complexity and nature of the Work. The process shall instill
public confidence through ethical and fair dealing, honesty and good faith on the part of City and
Proposers and shall protect the integrity of the Public contracting process.
As part of the procedure for choosing the Finalist between two or more equally qualified candidates,
City may elect to give a preference to a local consulting firm.
5.9 Notice of Intent to Award
After the completion of the evaluation and ranking, the City will issue a written Notice of Intent to
Award, naming the Finalist, and will send copies to all Proposers.
RFP Project No. 2021-12 Page 11 of 24
5.10 Contract Negotiation
City will begin negotiating the fees for the project, along with expanded scope of work detail, with the
highest ranked Proposer and specifically, conduct direct negotiations toward obtaining written
agreement on:
a) Contractor's performance obligations and schedule; and any expansion of the Scope of
Work.
b) Contractor's fees, payment methodology, and a maximum amount payable to
Contractor for the Work required under the Contract that is fair and reasonable to City
determined solely by City, taking into account the value, scope, complexity and nature
of work.
c) Any other provisions City believes to be in the City's best interest to negotiate.
d) Initial negotiations will be based upon Contract Phase 1.
City shall, either orally or in writing, formally terminate negotiations with the highest ranked Proposer if
City and Proposer are unable for any reason to reach agreement on a Contract within a reasonable
amount of time. City may thereafter negotiate with the second ranked Proposer, and if necessary, with
the third ranked Proposer, and so on, until negotiations result in a Contract. If negotiations with any
Proposer do not result in a Contract within a reasonable amount of time, as determined solely by City,
City may end the particular formal solicitation. Nothing in the rule precludes City from proceeding with
a new formal solicitation for the same Work described in the RFP that failed to result in a Contract.
5.11 Protest Procedures
City shall provide to all Proposers a copy of the selection notice that City sent to the highest ranked
Proposer. A Qualified Proposer who claims to have been adversely affected or aggrieved by the
selection of the highest ranked Proposer may submit a written protest of the selection to the City
consistent with the provisions of AMC 2.50.140 (Protests of Procurement Process and Solicitant Award)
and ORS 279B.410 (Protests of Contract Award).
Eligible Proposers protesting award shall follow the procedures described herein. Protests that do not
follow these procedures shall not be considered. This protest procedure constitutes the sole
administrative remedy available to Proposers.
a) Protests must be received within seven (7) days after issuance of the notice of intent to
award the Contract. City will not consider late protests.
b) Protests must comply with the requirements of ORS 279B.410(1) through (4)
c) Protests based on procedural matters will not be considered.
d) The City's Public Works Director will review the protest and will fax and mail the protesting
party a written response within three (3) business days of receipt of the written protest to
the fax number and address provided in the proposal. Any written response may be
comprised of a determination of the protest, a notice to the protesting party of the need for
additional time in which to evaluate the matter, or other notice to the protesting party.
e) If the Public Works Director's determination (response) is adverse to the protester, any
further appeal of the Public Works Director's determination by the party must be submitted
in writing to the City Administrator within three (3) business days of issuance of the Public
Works Director's determination (response).
RFP Project No. 2021-12 Page 12 of 24
f) The City Administrator will review any appeal of the Public Works Director's determination
and shall fax and mail, in accordance with the fax number and address provided in the
proposal, the protesting party a written response within three (3) business days of receipt of
written appeal.
g) If the determination of the City Administrator is adverse to the protesting party's interest,
the protesting party may only appeal to the City Council by filing a written notice of appeal
to the Council with the City Administrator within two (2) business days of issuance of the
City Administrator's written determination.
The Council, in considering the protest, shall review the documentation presented to the Public Works
Director and the City Administrator on the next regularly scheduled Council Meeting, but in no event
shall they be required to review in less than ten (10) business days, and thereafter, base their decision
on such material. The Council review will be limited to the evaluation of compliance with City's policies
and procedures, requirements of the RFP and the equal and fair application of City's contracting rules.
The City Council's determination shall be City's final decision.
An adversely affected or aggrieved proposer must exhaust all avenues of administrative remedies before
seeking judicial review of City's Consultant selection or Notice of Intent to Award.
5.12 Resulting Contract
Upon reaching final agreement in regards to fees and a final scope of work with an awarded Proposer,
the City will issue a Personal Services Agreement ('PSA"), in substantially the form as found in the
Appendix of this RFP. The PSA will include the City's Standard Terms and Conditions and the final scope
of work and fees.
SECTION 6 - CONTRACT
6.1 Contract Form
The consultant selected by the City will be expected to enter into a written contract in substantially the
same form as attached to this RFP (ATTACHMENT 2). The Proposal should indicate acceptance of the
City's contract provisions. Suggested reasonable alternatives that do not substantially impair City's
rights under the contract may be submitted as outlined under Section 5.11. Unconditional refusal to
accept contract provisions will result in Proposal rejection.
Contract Duration —
• Phase 1: Feasibility Study (18-24 months)
• Phase 2: Thermal Benefit Analysis (12 months)
• Phase 3: Trading Plan Development (12 months) and Finalization (12 months)
Contract Payment — Contingent upon City's need, consultant's performance and availability of approved
funding, City reserves the right to amend the contract (within the scope of the project described in this
RFP) for additional tasks, project phases and compensation as necessary to complete a particular
project. Proposers are advised that the award and potential dollar amount of the contract under this
RFP will be contingent upon approval by the Ashland City Council acting as the Contract Review Board.
Payment will be made for completion of, or acceptable monthly progress on, tasks and deliverables in
conformance with contract requirements and applicable standards. The method of compensation will
be determined by the City and may be based upon any one or combination of the following methods:
RFP Project No. 2021-12 Page 13 of 24
• Cost plus fixed -fee, up to a maximum NTE amount
• Fixed price for all services. Fixed price per deliverable. Fixed price per milestone
• Time and materials, up to a maximum NTE amount (City preferred method)
• Price per unit
Ashland Living Wage Requirements — Consultant is required to comply with Chapter 3.12 of the Ashland
Municipal Code by paying at least the living wage as established by the City of Ashland on June 30, 2021
($15.96 per hour). Living wage provisions apply as follows:
• For all hours worked under a service contract between their employer and the City if the
contract exceeds $22,310.46 or more.
• For all hours worked in a month if the employee spends 50% or more of the employee's time in
that month working on a project or portion of business of their employer, if the employer has
ten or more employees and has received financial assistance for the project or business from
the City in excess of $22,310.46.
• Contractor is also required to post the notice included in the appendix predominantly in areas
where it will be seen by all employees.
• In calculating the living wage for full time employees, employers may add the value of health
care, retirement, 401K and IRS eligible cafeteria plans, and other benefits to the employee's
wages. The City of Ashland Living Wage Statement is appended to the sample contract included
in the appendix.
6.2 Business License Required
The selected consultant must have or acquire a current City of Ashland business license prior to
conducting any work under the contact.
6.3 Insurance Requirements
Contactor shall at its own expense provide the following insurance:
a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject
employers to provide Oregon workers' compensation coverage for all their subject workers.
b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than
$2,000,000 per occurrence. This is to cover damages caused by any error, omission, or negligent
act related to the professional services to be provided under the contract.
c. General Liability insurance with a combined single limit, or the equivalent, of not less than
$2,000,000 per occurrence for bodily injury and property damage. It shall include contractual
liability coverage for the indemnity provided under the contract.
d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than
$1,000,000 per occurrence for each accident for bodily injury and property damage, including
coverage for owned, hired or non -owned vehicles, as applicable.
e. Notice of Cancellation or Change. There shall be no cancellation, material change, reduction of
limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the
contractor or its insurer(s) to the City.
Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as additional insurers on any insurance policies required herein
RFP Project No. 2021-12 Page 14 of 24
but only with respect to contractor's services to be provided under this contract. As evidence of the
insurance coverage required by this contract, the contractor shall furnish acceptable insurance
certificates prior to commencing work under this contact. The certificate will specify all of the parties
who are additional insures. The consultant's insurance is primary and non-contributory. Insuring
companies or entities are subject to the City's acceptance. If requested, complete copies of insurance
policies; trust agreements, etc. shall be provided to the City. The contractor shall be financially
responsible for all pertinent deductibles, self -insured retention and/or self-insurance.
6.4 Laws and Regulations
The proposer is assumed to be familiar with all Federal, State, County or City laws or regulations, which
in any manner affect those engaged or employed in the work or the materials or equipment used or
which in any way affect the conduct of the work, and no pleas of misunderstanding will be considered
on account of ignorance thereof. If the proposer shall discover any provision in these specifications or
project information, plans or contract documents which is contrary to or inconsistent with any law or
regulations, they shall report it to the City of Ashland in writing.
All work performed by the contractor shall be in compliance with all Federal, State, County and local
laws, regulations and ordinances. Unless otherwise specified, the contractor shall be responsible for
applying for applicable permits and licenses.
SECTION 7 - INSTRUCTIONS TO PROPOSERS
7.1 General
All Proposals and any resulting contracts are subject to the provisions and requirements of Oregon
Revised Statutes Chapters 279A and 279E and to the Ashland Municipal Code (AMC) Chapter 2.50.
Engineering contracts are further subject to ORS Chapter 279C.
7.2 Information of Record
This Request for Proposal (RFP) will be distributed through Oregon Buys. All updates, addendum, and
related communications will be published through OregonBuys. All prospective proposers are advised
to continuously monitor the website for information regarding this proposal. It is the sole responsibility
of the proposer to check the website on a timely basis for critical information regarding the proposal.
7.3 Proposal Preparation and Format
• Proposals shall be typewritten in 12 point font minimum.
• Except for proposer attachments, proposal form, cover letter and resumes, the Proposal shall
contain no more than 8 pages.
• Cover Letter, proposal form and resumes do not count against the 8 page limit.
• Proposal narrative must follow along with scoring criteria sections
• No oral, telegraphic, telephone or facsimile Proposals shall be accepted.
• The electronic submission of a Proposal will not be permitted.
• To be considered, all Proposals must be received by the City prior to the date and time set for
Proposal closing.
• A total of five (5) original (wet signatures), complete Proposals shall be submitted to the City
prior to the date and time set for closing.
RFP Project No. 2021-12 Page 15 of 24
• One (1) digital copy of the complete Proposal shall be submitted on a thumb drive.
7.4 Signature on Proposal
Proposals shall be signed in ink by an authorized representative of the Proposer. Signature on a
Proposal certifies that the Proposal is made without connection with any person, firm or corporation
making a proposal for the same goods and/or services and is in all respects fair and made without
collusion or fraud. Signature on a Proposal also certifies that the proposer has read, fully understands
and agrees with all solicitation requirements, terms and conditions. No consideration will be given to
any claim resulting from proposing without fully comprehending all requirements of this Request for
Proposals.
7.5 Preparation Costs
The City may cancel a solicitation, whether informal or formal, or reject all Proposals, without liability
incurred by City at any time after issuing an RFP, if City believes it is in City's best interest to do so.
Consultants responding to RFPs are responsible for all costs they may incur in connection with
submitting Proposals and responses to RFPs, which includes, but is not limited to: preparation,
submittal, travel expenses, interviews, presentations, or evaluation of any Proposal.
7.6 Conformance to Solicitation Requirements
Proposals shall conform to the requirements of this Request for Proposals. All necessary attachments
(Independent Contractor Certification, etc.) shall be submitted with the Proposal and in the required
format. Failure to comply with all requirements may result in Proposal rejection.
7.7 Definitions
For the purpose of this RFP:
"Agency" or "City" means City of Ashland.
"Business days" means calendar days, excluding Saturdays, Sundays and all City recognized holidays.
"Calendar days" or "days" means any day appearing on the calendar, whether a weekday, weekend
day, national holiday, State holiday or other day.
"Council" means City of Ashland Council
"Department" means the City of Ashland Engineering Department.
"Manager" means the City of Ashland Project Manager.
"Proposers"- All firms submitting proposals are referred to as Proposers in this document; after
negotiations, an awarded Proposer will be designated as "Consultant".
"Qualification Based Selection" or "QBS" (for the purposes of this RFP) means evaluations and scoring
of proposals based on qualifications, experiences and project approach, without considering cost.
"RFP" means Request for Proposals.
"Scope of Work" means the general character and range of services and supplies needed to complete
the work's purpose and objectives, and an overview of the performance outcomes expected by Agency.
"Services" means the services to be performed under the Contract by the Consultant.
"Statement of Work" means the specific provision in the final contract which sets forth and defines in
detail (within the identified Scope of Work) the agreed -upon objectives, expectations, performance
standards, services, deliverables, schedule for delivery and other obligations.
RFP Project No. 2021-12 Page 16 of 24
7.8 Questions and Clarifications
All inquiries, whether relating to the RFP process, administration, deadline or award, or to the intent or
technical aspects of the services, must be submitted in writing to the City's Project Manager listed in the
advertisement for this RFP, at 20 East Main Street, Ashland, Oregon 97520. All questions must be
received not later than ten (10) calendar days prior to the date and time set for closing.
Answers to questions received by City, which are deemed by City to be substantive, will be issued as
official addenda to this RFP to ensure that all proposers base their proposals on the same information.
When appropriate, as determined by City in its sole discretions, revisions, substitution or clarification of
the RFP or attached terms and conditions, an official addendum to this RFP will be issued. Proposer
shall indicate receipt of all issued addenda by indicating the number of addendum received on the
Proposal Form.
Any addendum or addenda issued by the City which may include changes, corrections, additions,
interpretations or information, and issued seventy-two (72) hours or more before the scheduled closing
time for submission of bids, Saturday, Sunday and legal holidays not included, shall be binding upon the
proposer. The City may elect to email addendum to registered proposers but will do so as a courtesy
only. All official addendums will be issued through OregonBuys and it shall be the proposer's sole
responsibility to acquire any and all addendum pertaining to RFP. The proposer is strongly cautioned to
monitor this site on a continual basis.
7.9 Protest of Requirements
Proposers may submit a written protest of any provision, specification or contract term contained in this
RFP and may request a change to any provision, specification or contract term contained in this RFP, not
later than ten (10) calendar days prior to the advertised proposal closing date, consistent with AMC
2.50.140 (Protests of Procurement Process and Solicitation Award) and ORS 27913.405 (Protests and
Judicial Review of Solicitations).
A proposer's written protest must meet the specific requirements of ORS 279B.405(4).
All protests shall be mailed or otherwise delivered to the City marked as follows:
PROPOSAL PROTEST
Proposal No. 2021-12
City of Ashland Public Works Dept.
ATTN: Kaylea Kathol, PMP, Sr. Project Manager
20 East Main St
Ashland, OR 97520
City Response: The City may reject without consideration a proposer's protest after the deadline
established for submitting protest. The City shall provide notice to the applicable proposer if it entirely
rejects a protest. If the City agrees with the proposer's protest, in whole or in part, the City shall either
issue an addendum reflecting its determination or cancel the solicitation.
Extension of Closing: If the City receives a written protest from a proposer in accordance with this rule,
the City may extend closing if the City determines an extension necessary to consider the protest and to
issue addenda, if any, to the solicitation of document.
Judicial review of the City's decision relating to a specification protest shall be in accordance with ORS.
279B.40S.
RFP Project No. 2021-12 Page 17 of 24
7.10 Protest of Contract Award
Every Proposer who submits a proposal shall be notified of its selection status. Any Proposer who claims
to have been adversely affected or aggrieved by the selection of another or any Proposer who contends
that the provisions of this RFP or any aspect of the procurement process has promoted favoritism in the
award of the contract or has substantially diminished competition, must file a written protest to this RFP
within seven (7) calendar days after the date of the notice of intent to award. Failure to file a protest
will be deemed a waiver of any claim by an offeror that the procurement process violates any provision
of ORS Chapters 279A, 2796, or 279C, the City of Ashland Municipal Code, or the City's procedures for
screening and selection of persons to perform personal services.
7.11 Proposal Modification
Modifications or erasures made before proposal submission shall be initialed in ink by the person signing
the proposal. Proposals, once submitted, may be modified in writing before the time and date set for
proposal closing. Any modification shall be prepared on company letterhead, shall be signed by an
authorized representative, and shall state that the new document supersedes or modifies prior proposal
submissions and any other prior proposal modifications. Proposal modifications shall be submitted in a
sealed envelope clearly marked "Proposal Modification," identifying the RFP number and closing date
and time. Proposers may not modify proposals after proposal closing date and time.
7.12 Proposal Withdrawals
Proposals may be withdrawn in writing on company letterhead signed by an authorized representative
and received by the Engineering Services Manager prior to the date and time set for closing. Proposals
may be withdrawn in person before closing time upon presentation of appropriate identification.
7.13 Proprietary Information
The City is subject to the Oregon Public Records Laws (ORS 192.311 to 192.478), which require the City
to disclose all records generated or received in the transaction of City business, except as expressly
exempted. The City will not disclose records submitted by a Proposer that are exempt from disclosure
under the Oregon Public Records Law, subject to the following procedures and limitations.
The entire Proposal cannot be marked confidential; nor shall any pricing be marked confidential.
All pages containing the records exempt from disclosure shall be marked "confidential" and segregated
in the following manner:
• It shall be clearly marked in bulk and on each page of the confidential document.
• It shall be kept separate from the other Proposal documents in a separate envelope or package
• Where the specification conflicts with other formatting and response instruction specifications,
this specification shall prevail.
• Where such conflict occurs, the Proposer is instructed to respond with the following: "Refer to
confidential information enclosed." This statement shall be inserted in the place where the
requested information was to have been placed.
Proposers who desire that additional information be treated as confidential must mark those pages as
"confidential." Proposers shall also cite the specific statutory basis for the exemption and give the
reasons why the public interest would be served by the confidentially. Should a Proposal be submitted
as described in this section, no portion of it will be held confidential unless that portion is segregated as
described in the criteria above.
RFP Project No. 2021-12 Page 18 of 24
Notwithstanding the above procedures, the City reserves the right to disclose information that the City
determines, in its sole discretion, is not exempt from disclosure or that the City is directed to disclose by
the City's Attorney, the District Attorney, or a court of competent jurisdiction.
7.14 Terms and Conditions
Unless an official addendum has modified or reserved the right to negotiate any terms contained in the
contract or exhibits thereto, the City will not negotiate any term or condition after the protest deadline,
except the statement of work, pricing, and calendar with the selected proposer. By submitting a
Proposal, the selected proposer agrees to be bound by the terms and conditions as set forth in this RFP
and as such terms and conditions may have been modified or reserved by the City for negotiation. Any
Proposal that is received conditioned upon City's acceptance of any other terms and conditions or rights
to negotiate will be rejected.
7.15 Proposal Opening
Unless otherwise provided by law, Proposals received in response to this RFP shall be opened at the
date and time set for closing at the Engineering Services Building at 51 Winburn Way, Ashland, Oregon
97520. Proposers who attend the Proposal opening shall be informed only of the names of the
Proposers submitting Proposals. No other information shall be available, and no copies of the Proposals
shall be made. Award decisions will NOT be made at that time.
RFP Project No. 2021-12 Page 19 of 24
SECTION 8 - PROPOSAL FORM
Proposals should be prepared and organized in a clear and concise manner and must include all
information required by this RFP. Headers, Titles or Tabs should be used to identify required
information. Responses to the Evaluation Criteria found in Section 4 shall be organized in the same
order listed in that Section, preferably by re -stating the criteria and then responding below the restated
criteria.
REQUIRED RESPONSE DOCUMENTS
THE FOLLOWING INFORMATION MUST BE RETURNED WITH YOUR RESPONSE:
(Place a check in front of the item indicating inclusion in your response)
❑ RESPONSE TO ALL EVALUATION CRITERIA listed in Section 4
❑ SECTION 8 — Proposal Form
❑ Independent Contractor Certification
MWESB INFORMATION
The City encourages contracting with minority owned, woman owned, and emerging small business
(MWESB). The State of Oregon offers a certification process. Indicate below if your business is a
MWESB and if so, which categories have been State certified.
MWESB certified? Yes_ No . If yes, indicate which categories below:
Minority Owned_ Woman Owned_ Emerging Small Business_ Veteran Owned_
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO PROPOSAL DOCUMENTS:
Proposer acknowledges receipt of Addenda and agrees to be bound by their contents.
Circle each RFP addendum received: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10
Check if not applicable or if no addenda were received:
OSBEELS / OSBGE / ORBAE No.(s)
Provide name(s), title(s), and certification number(s) for each Key Person listed under Section 6.3 (b).
Attach additional sheet if necessary)
Name: Title: Certification No:
Name: Title: Certification No:
Name:
Title:
Certification No:
Name:
Title:
Certification No:
Name:
Title:
Certification No:
Name:
Title:
Certification No:
RFP Project No. 2021-12 Page 20 of 24
PROPOSER INFORMATION:
Proposer Company Name
Company Address (from which work will be performed)
Telephone Number Fax Number FEDERAL ID NUMBER
Printed Name of Person Signing RFP:
Title:
Signature:
Email Address:
RFP Project No. 2021-12 Page 21 of 24
APPENDIX A — EXAMPLE CONTRACT, INCLUDING EXHIBIT B, EXHIBIT C
Placeholder. Insert most current agreement template in the Purchasing folder when converting to PDF
•:•� Council Business Meeting
February 21, 2023
Agenda Item
Contract -Specific Special Procurement for Self -Contained Breathing Apparatus
(SCBA) for Ashland Fire & Rescue
From
Ralph Sartain
Fire Chief
Contact
Ralph. sartain(@ashland.or.us 541-552-2229
Item Type
Requested by Council ❑ Update ❑ Request for Approval M Presentation ❑
SUMMARY
Approval is being requested for a Contract -specific Special Procurement.
This Contract -specific Special Procurement will allow Ashland Fire & Rescue to award a public contract to MES
for SCBAs (self-contained breathing apparatus) per MES Quote #QT1654628 in the amount of $219,760.00.
POLICIES, PLANS & GOALS SUPPORTED
Develop current and long-term budgetary resilience.
Analyze City departments/programs to gain efficiencies, reduce costs and improve services.
Support Innovative Programs that Protect the Community
BACKGROUND AND ADDITIONAL INFORMATION
A Special Procurement (sourcing method) is used for the purpose of seeking an exemption from the competitive
bid process, custom designing a contracting approach, or the direct selection or award of a public contract or
for a series of contracts. The attached Form #9 Special Procurement Request for Approval is attached for your
review and consideration.
This purchase is brand specific, but not a Sole Source Procurement (sourcing method) because there are
multiple resellers for the SCBAs. This request is for the use of an alternative souring method (requesting quotes
from multiple resellers for brand specific equipment) thus the Special Procurement (sourcing method).
The brand specific equipment (SCBAs) to be purchased is compatible with the exiting equipment the firefighters
have been extensively trained to use.
Firefighters rely on self-contained breathing apparatuses (SCBA) to protect themselves from dangerous heat
and toxic smoke (air contaminated by smoke, dust, fumes, vapors or chemicals).
FISCAL IMPACTS
Ashland Fire and Rescue has received an Assistance to Firefighters Grant from the Federal Government that
provides 90% funding for the SCBAs. This grant provides for necessary firefighter protection and operationally
necessary equipment for safety. The grant requires a 10% money match for any award issued. The grant is for
the replacement of SCBAs purchased in 2012 and have met their use window per national standards. The City
had not currently budgeted for the replacement SCBAs purchase, so the grant allows for continued compliance
Page 1 of 2
�r
nCouncil Business Meeting
with National Fire Protection Association standards for SCBAs. The SCBA is necessary for firefighting operations
as it provides positive pressure air necessary in an Immediately Dangerous to Life or Health (IDLH) atmosphere
and protects from smoke and other hazardous materials.
Grant Award: $216,700 minus 10%
City Matching 10% Funds: $21,670
MES BID w/Trade in Allowance: $219,760 ($18,750 credit applied to reach contract price)
The funds for this project are appropriated and available for the City's match and remaining balance for
purchase.
The City will also need to purchase an and install an aftermarket SCBA "blast chamber" in connection with the
delivery of the new SCBA bottles. The blast chamber will be used to contain a failure of the bottle when it is being
filled. A budget amendment will be forthcoming to fund the new blast chamber with new revenue from Fire &
Rescue's deployment to the Van Meter Fire.
DISCUSSION QUESTIONS
This procurement allows Ashland Fire & Rescue to comply with national standards for SCBAs and avoid
noncompliance violations of OSHA standards. This action allows firefighters using serviceable SCBAs to enter a
structure with an IDLH environments due to fire.
SUGGESTED NEXT STEPS
Staff recommends the Contract -specific Special Procurement be approved and the public contract be
awarded to MES for SCBAs per Quote #QT1654628.
REFERENCES & ATTACHMENTS
Form #9 Special Procurement Request for Approval (Written Findings)
MES Quotes: QT1654628 (Model 5500), QT1654605 (Model 4500)
Sea Western Fire Fighting Equipment Quotes: QUO13337 (Model 5500), QT13336 (Model 4500)
Page 2 of 2
�ar
FORM #9
SPECIAL PROCUREMENT
REQUEST FOR APPROVAL
To: Joseph L. Lessard, City Manager
From: Ralph Sartain, Fire Chief
Date: February 21, 2022
CITY OF
-ASHLAND
Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT
In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented
to the City Council for approval. This written request for approval describes the proposed contracting
procedure and the goods or services or the class of goods or services to be acquired through the special
procurement and the circumstances that justify the use of a special procurement under the standards set
forth ORS 279B.085(4).
1. Requesting Department Name: Ashland Fire & Rescue
2. Department Contact Name: Ralph Sartain, Fire Chief
3. Type of Request: Class Special Procurement X Contract -specific Special Procurement
4. Time Period Requested: From
5. Total Estimated Cost: $219,760.00
To:
6. Short title of the Procurement: SCBAs (Self-contained breathing apparatus)
Supplies and/orf,Services or class of Supplies and/or Services to be acquired:
SCBAs (self-contained breathing apparatus) — Quantity 25 Each
Per the attached MES Quote #QT1654628
Firefighters rely on self-contained breathing apparatuses (SCBA) to protect themselves from
dangerous heat and toxic smoke (air contaminated by smoke, dust, fumes, vapors or chemicals)
7. Background and Proposed Contracting Procedure: Provide a description of what has been done
in the past and the proposed procedure. The Agency may, but is not required to, also include the
following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract
Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach
additional sheets as needed.
Background: Not applicable
Form #9 - Special Procurement — Request for Approval, Page 1 of 3, 2/8/2023
Proposed procedure: The SCBAs are brand specific due to the need for compatible equipment
firefighters have been extensively trained to use. Quotes were requested from the two (2) known
vendors for two models of SCBAs for comparison purposes.
8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a
Special Procurement. Attach relevant documentation.
This purchase is brand specific but not a Sole Source Procurement because there are multiple
resellers for the SCBAs. This request is for the use of an alternative souring method requestinsr
quotes fiom multiple resellers of brand specific equipment) thus the Special Procurement (sourcing
method).
9. Findings to Satisfy the Required Standards: This proposed special procurement:
X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to
substantially diminish competition for public contracts because:
Quotes were requested from the two (2) known resellers of the brand specific SCBAs.
(Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and
_X (b)(i) will result in substantial cost savings to the contracting agency or to the public
because:
The equipment being purchased is compatible with the exiting equipment the firefighters have been
extensively trained to use.
(Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or
X (b)(ii) will otherwise substantially promote the public interest in a manner that could not
practicably be realized by complying with the requirements of ORS 279B.055, 279B.060, 279B.065,
or 279B.070, or any rules adopted thereunder because:
Ashland Fire and Rescue submitted a g_r t application to the Federal Government for an Assistance to
Firefighters Grant. The competitive bid process is for every fire department in the nation who wishes
to apply. This specific process is to provide necessarfirefighter pLotective and operationally
necessn equipment for safety. The grant process requires a 10% money match for any award issued.
The SCBA's we applied to replace were purchased in 2012 and have met their use window per
national standards. The Cily had not placed monies aside for this purchase so the grant allowed us to
be compliant with National Fire Protection Association standards for SCBA's. The SCBA is
necessary for firefighting operations as this is the positive pressure air we breath in an ILDH
atmosphere and protects us from smoke, and other hazardous materials.
(Please provide specific infonnation that demonstrates how the proposed Special Procurement meets this requirement.)
Form #9 - Special Procurement — Request for Approval, Page 2 of 3, 218/2023
Public Notice:
Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public
notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a
public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public
notice shall describe the Goods or Services or class of Goods or Services to be acquired through the
Special Procurement and shall give such public notice of the approval of a Special Procurement at
least seven (7) Days before Award of the Contract.
After the Special Procurement has been approved by the City Council, the following public notice will
be posted on the City's website to allow for the seven (7) day protest period.
Date Public Notice first appeared on www.ashland.or.us — February 22, 2023 (if approved by Council 2/21/23)
PUBLIC NOTICE
Approval of a Special Procurement
First date of publication: February 22, 2023 (If approved by Council 02/21/2023)
A request for approval of a Special Procurement was presented to and approved by the City Council, acting
as the Local Contract Review Board, on February 21, 2023 (If approved by Council).
The City intends to award a public contract to A4ES for SCBAs (self-contained breathing apparatus) in the
amount of $219, 760.00. The SCBAs are brand specific due to the need for compatible equipment firefighter s
have been ertensnvely trained to use. Quotes were ream ed f •om tiro (2) reselle) s. Firefighters rely on self-
contained breathing apparatuses (SCBAs) to protect themselves from dangerorts (teat and ionic smoke (air
contaminated by smoke, dust, finnes, vapors or chemicals). Ashland Fire & Rescue applied and receA ed an
Assistance to Firefighters Grant to replace the SCBAs that ivere purchased in 2012 because they need to be
replaced per national standards. The grant finding for SCBAs alloivs AF&R to purchase new SCBAs and
thus be compliant with the National Fire Protection Association standards for SCBAs.
It has been determined based on written findings that the Special Procurement will be unlikely to encourage
favoritism in the awarding of public contracts or to substantially diminish competition for public contracts,
and result in substantial cost savings or substantially promote the public interest in a manner that could not be
realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 279B.065, or
279B.070.
An affected person may protest the request for approval of a Special Procurement in accordance with ORS
279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: Ashland
Fire & Rescue, Ralph Sartain, Fire Chief, 455 Siskiyou Blvd, Ashland, OR 97520. The seven (7) protest
period will expire at 5:00pm on March 1, 2023 (If published on February 22, 2023.)
This public notice is being published on the City's Internet World Wide Web site at least seven days prior to
the award of a public contract resulting from this request for approval of a Special Procurement.
Form #9 - Special Procurement - Request for Approval, Page 3 of 3, 2/8/2023
NES
MUNICIPAL EMERGENCY SERVICES
3801 Fruit Valley Rd.
Suite C
Vancouver, WA 98660
Bill To
Accounts Payable
ASHLAND FIRE -RESCUE (OR)
ASHLAND FIRE -RESCUE
455 SISKIYOU BLVD
ASHLAND OR 97520
United States
ti-)ii1 1,?fit, ff{�iil ;a
X8915026305304
200970-01
FP1 MK0000000000
201564-32
201567-01
9519-4200
201520-01
FP1 MK0000000000
Used Airpak Credit
Quote
Quote #
QT1654628
Date
01 /10/2023
Expires
03/11/2023
Sales Rep
Lewellen, Kenneth
Shipping Method
FedEx Ground
Customer
ASHLAND FIRE -RESCUE (OR)
Customer #
C40594
Ship To
Steven Boyersmith
ASHLAND FIRE -RESCUE
455 SISKIYOU BLVD
Ashland OR 97520
United States
4Y:r,i�)hj'?llt<7il %llt�( tUL(fiI;1-�l:'r,? /Aiir.lglii�
Air -Pak X3 Pro SCBA (2018 Edition) with Snap- I 251 $6,750.00 1 $168,750.00
Change, Parachute Buckles, 5.5, Standard, No
Accessory Pouch, E-Z Flo C5 Regulator with Quick
Disconnect Hose (Rectus-type fittings), Universal
EBSS, None, No, Pak -Tracker, No Case, 2 SCBA Per
Box
CYL&VALV,QD,CARB,45/5500 ASSY
Vision C5 Facepiece (NIOSH/NFPA Approved) Medium
Face Seal, Kevlar Headnet, No Spare Headnet
RIT-Pak Fast Attack, 5.5, Medium, Rectus Fitting
RIT CylinderNalve Assy., 30/5500,90 degree
QuantiFit2
ADAPTER ASM,VISION C5
Vision C5 Facepiece (NIOSH/NFPA Approved) Medium
Face Seal, Kevlar Headnet, No Spare Headnet
50
$700.00
$35,000.00
25
$350.00
$8,750.00
4
$2,450.00
$9,800.00
4
$1,100.00
$4,400.00
1
$9,995.00
$9,995.00
1
$65.00
$65.00
5
$350.00
$1,750.00
1
($18,750.00)
($18,750.00)
Subtotal $219,760.00
Shipping Cost $0.00
Tax Total $0.00
Total $219,760.00
This Quotation is subject to any applicable sales tax and shipping & handling charges that may apply. Tax and shipping charges are
considered estimated and will be recalculated at the time of shipment to ensure they take into account the most current information.
All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee.
Custom orders are not returnable. Effective tax rate will be applicable at the time of invoice.
II III111111III1111 IIIIIIII II III Page 1 of 1
QT1654628
NES
MUNICIPAL EMERGENCY SERVICES
3801 Fruit Valley Rd.
Suite C
Vancouver, WA 98660
Bill To
Accounts Payable
ASHLAND FIRE -RESCUE (OR)
ASHLAND FIRE -RESCUE
455 SISKIYOU BLVD
ASHLAND OR 97520
United States
Quote
Quote # QT1654605
Date 01 /05/2023
Expires
01/31/2023
Sales Rep
Lewellen, Kenneth
Shipping Method
FedEx Ground
Customer
ASHLAND FIRE -RESCUE (OR)
Customer #
C40594
Ship To
Steven Boyersmith
ASHLAND FIRE -RESCUE
455 SISKIYOU BLVD
Ashland OR 97520
United States
I(:3ii1 . ,
i,Vis,lt%1ru,;?
ldl�ti�;
loxlt<Idl ilL) � f
fo111f ,
(d)�1f'Irfi�P<S'
JVi�t?tt)i.j� „;, .
X8914026305304
Air -Pak X3 Pro SCBA (2018 Edition) with Snap-
25
$6,600.00
$165,000.00
Change, Parachute Buckles, 4.5, Standard, No
Accessory Pouch, E-Z Flo C5 Regulator with Quick
Disconnect Hose (Rectus-type fittings), Universal
EBSS, None, No, Pak -Tracker, No Case, 2 SCBA Per
Box
200129-01
Snap -Change Cylinder, Carbon -Wrapped, Pressure
50
$650.00
$32,500.00
4500, 45 Minutes (at 40 Ipm)
FP1 MK0000000000
Vision C5 Facepiece (NIOSH/NFPA Approved) Medium
25
$350.00
$8,750.00
Face Seal, Kevlar Headnet, No Spare Headnet
201564-31
RIT-Pak Fast Attack, 4.5, Medium, Rectus Fitting
4
$2,450.00
$9,800.00
200870-01
RIT CYL&VLV ASSY CARB,30MIN,4500
4
$860.00
$3,440.00
9519-4200
QuantiFit2
1
$9,995.00
$9,995.00
201520-01
ADAPTER ASM,VISION C5
1
$65.00
$65.00
FP1SK0000000000
Vision C5 Facepiece (NIOSH/NFPA Approved) Small
5
$350.00
$1,750.00
Face Seal, Kevlar Headnet, No Spare Headnet
Used Airpak Credit
1
($18,750.00)
($16,750.00)
Subtotal $212,550.00
Shipping Cost $0.00
Tax Total $0.00
Total $212,550.00
This Quotation is subject to any applicable sales tax and shipping & handling charges that may apply. Tax and shipping charges are
considered estimated and will be recalculated at the time of shipment to ensure they take into account the most current information.
All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee.
Custom orders are not returnable. Effective tax rate will be applicable at the time of invoice.
II 1111111111111111 II11111111III Page 1 of 1
QT1654605
SeaWestern, Inc.
Kirkland, WA 98083cIa`
SEAWESTERN
P.O. Box 51, 1
FIRE FIGHTING EQUIPMENT
ASHLAND FIRE & RESCUE ASHLAND FIRE & RESCUE
455 SISKIYOU BLVD 455 SISKIYOU BLVD
ASHLAND OR 97520 ASHLAND OR 97520
United States United States
Quote
Phone:425-821-5858
Email: Info@seawestern.com
www.seawestern.com
01/05/2023
10027
Wr QUO13336
Alan Settles
Qty
Unit
Part Number
Description
25
EA
SCOTT X3 Pro
3M I Scott Air -Pak X3 Pro SCBA
5,210.00
130,250.00
NFPA 1981/1982, 2018 Edition
Ordering Part Number: X8914026005304
4.5 Snap Change w/QD Regulator, PASS
25
EA
SCOTT X3
Add Universal EBSS (Buddy Breather)
550.00
13,750.00
Pro Upgrade -
UEBSS
50
EA
SCOTT
CYL&VLV CARE 4.5 45MIN NXG
850.00
42,500.00
200129-01
30
EA
Medium C5
C5,M,KV,
355.00
10,650.00
Mask
4
1:A
SCOTT
RIT-PAK FA,4.5,MED,C5,RECTUS
2,739.75
10,959.00
201564-31
4
EA
SCOTT
CYL&VALUE ASSY, 30/4500,90 DEG
960.00
3,840.00
200870-01
1
EA
TSI 8040
TSI PORTACOUNT RESPIRATOR FIT TESTER 8040
11,270.00
11,270.00
"Total $223,219.00
Pricing valid for above listed quantities
Restocking fee up to 25% will apply on any non -stock merchandise
Returns within 30 days of receipt
Custom orders are non -cancellable, non -returnable
Shipping is not included in the price unless slated otherwise
Quote
Sea Western, Inc. EA ESTERN
P.O. Box 51,
Kirkland, WA 98083 t
12 FIRE FIGHTING EQUIPMENT
ASHLAND FIRE & RESCUE ASHLAND FIRE & RESCUE
455 SISKIYOU BLVD 455 SISKIYOU BLVD
ASHLAND OR 97520 ASHLAND OR 97520
United States United States
Phone:425-821-5858
Email: Info@seawestem.coin
www.seawestern.com
1® 01/05/2023
10027
QUO13337
��7Alan Settles
Qty
Unit
Part Number
Description
25
EA
SCOTT X3 Pro
3M I Scott Air -Pak X3 Pro SCBA
5,560.00
139,000.00
NFPA 1981/1982, 2018 Edition
Ordering Part Number: X8915026005304
5.5 Snap Change w/QD Regulator, PASS
25
EA
SCOTT X3
Add Universal EBSS (Buddy Breather)
550.00
13,750.00
Pro Upgrade -
UEBSS
50
EA
SCOTT
CYL&VALV,QD,CARB,45/5500 ASSY
1,050.00
52,500.00
200970-01
30
EA
Medium C5
C5,M,KV,
355.00
10,650.00
Mask
4
EA
SCOTT
RIT-PAK FA,5.5,MED,C5,RECTUS
2,739.75
10,959.00
201564-32
4
EA
SCOTT
CYL&VALUE ASSY, 30/5500,90 DEG
1,272.50
5,090.00
201567-01
1
EA
TSI 8040
TSI PORTACOUNT RESPIRATOR FIT TESTER 8040
11,270.00
11,270.00
Total $243,219.00
Pricing valid for above listed quantities
Restocking fee up to 25% will apply on any non -stock merchandise
Returns within 30 days of receipt
Cuslom orders are non -cancellable, non -returnable
Shipping is 1701 included in the price unless slated otherwise
.'":.\Council Business Meeting
Feb 21, 2023
Second Reading & Findings Adoption
Agenda Item
Ordinance 3217 - Middle Housing Land Division Ordinance
Brandon Goldman
Interim Director of Community Development
From
Derek Severson
Senior Planner
Brandon.goldman(@ashland.or.us (541) 552-2076
Contact
Derek.severson(aashland.or.us (541) 552-2040
Item Type
Requested by Council ® Update ❑ Request for Direction ❑ Presentation ❑
SUMMARY
The City Council is being asked to act on second reading of an ordinance to amend the Ashland Land
Use Ordinance to implement the requirements of Oregon Senate Bill 458 by adding section 18.5.1.075
"Middle Housing Land Divisions" and section 18.5.3.140 "Middle Housing Land Divisions." Senate Bill 458
became effective on June 30, 2022, and under the Senate Bill cities are required to implement directly
from the bill until local code modifications are put in place. In addition, the City Council is being asked to
adopt written findings which describe the basis for amending the land use code. The City Council held a
public hearing and approved first reading of these land use code amendments at the January 17, 2023
meeting.
POLICIES, PLANS & GOALS SUPPORTED
Comprehensive Plan, Housing Element (6.10.01.1 & .3, and 6.10.02)
Climate Energy Action Plan (CEAP ULT-4-2)
City Council Biennial Goals 2019-2021
BACKGROUND AND ADDITIONAL INFORMATION
Oregon Senate Bill 458 provides a process for lot divisions to allow home ownership opportunities for
middle housing units built under the middle housing allowances of House Bill 2001 which for cities of
Ashland's size were limited to duplexes. Senate Bill 458 does not apply to accessory residential units, and
the ordinance here is limited to duplexes.
A Middle Housing Land Division (MHLD) allows a lot with a duplex in place or proposed to be split so that
there would be one duplex unit per lot, except that common areas may be located on a separate lot or a
shared tract. Separate utilities are required for each unit, and easements are required to be provided for
pedestrian access; any common areas; driveways and parking areas, if shared; and utilities. An MHLD
proposal must demonstrate that it meets the requirements of the Oregon Residential Specialty Code. For
example, if an attached duplex is being divided, there must be firewall construction between the two
units. In a typical land division, the land division is approved, infrastructure installed, and plat signed
prior to building permits being reviewed and issued for construction. A Middle Housing Land Division may
occur prior to submission of an application for building permits, after a middle housing development is
approved for development, or after it is constructed. Senate Bill 458 gives cities the option of allowing
concurrent review of building permits and the land division, but in any case, Middle Housing Land Division
Page l of 3
.::\Council Business Meeting
applications must include a middle housing development (either proposed or already built) that
complies with the building code and the City's middle housing development code.
Under Senate Bill 458, cities may require the submittal of tentative & final plats for approval, review for
Oregon Residential Specialty Code compliance, and require right-of-way dedications and city -standard
street frontage improvements. Cities may not apply any approval criteria other than the approval
criteria specified in Senate Bill 458 to applications for an MHLD — i.e. the allowable criteria include the
City's standards for middle housing development, separate utilities, easements, one dwelling on each lot,
and building code compliance.
Senate Bill 458 provides for these Middle Housing Land Divisions to be processed through the Expedited
Land Divisions (ELD) procedure established in the Oregon Revised Statutes. Expedited Land Divisions are
not considered to be land use actions and as such cannot be appealed to the Planning Commission.
Instead, an initial administrative decision by the Staff Advisor (Community Development Director or their
designee) could be appealed to a referee/hearings officer, and would not be subject to appeal to the
Oregon Land Use Board of Appeals (LUBA).
The Planning Commission has previously discussed these code amendments in response to Senate Bill
458 at two public meetings on May 10, 2022 and June 14, 2022, and conducted a public hearing on
November 22, 2022. The Planning Commission recommended approval of the attached ordinance.
FISCAL IMPACTS
The Senate Bill requires appeals to be handled by a referee or hearings officer who cannot be a city staff
person or member of the Planning Commission. As such, the city will need to keep a hearings officer on
retainer. The actual per appeal cost of a hearing officer will not be known until the City solicits for this
support, but a cost of approximately $150-$200 per hour is normal for the region. Assuming hearing plus
document preparation time will be between 4-5 hours, a hearing may cost the city between $600-$1000.
Community Development staff believes that the number of applications under the Senate Bill is likely be
limited, and that there will be few appeals, because approval equates to the division of units that are
already built or which could be built without notice to neighbors, independent of the approval of the
middle housing land division. Staff estimate the City would not exceed three (3) appeals in FY 2023-2024
for an estimated annual hearing expense of $1,800-$3,000 for the hearing officer costs.
The hearings officer will assess costs of the appeal, up to a maximum of $500, against appellants who do
not materially improve their position through the appeal hearing, and the city will be responsible for
remaining costs of each hearing. Appeal application fees will be established based on hearing officer
and corresponding administration support costs. The application fees will be reviewed annually.
DISCUSSION QUESTIONS
This item was discussed during a public hearing at on January 17, 2023, and at that hearing the Council the first
reading.
Page 2 of 3
•: Council Business Meeting
SUGGESTED NEXT STEPS
Staff recommends adoption of the ordinance 3217 as recommended by the Planning Commission, and
adoption of the attached written findings.
1. Motion for Approval of ordinance
The attached ordinance in consistent with the Planning Commission recommendation.
I move to approve second reading of Ordinance 3217, which is titled, "An Ordinance Amending
the Ashland Land Use Ordinance to Implement the Requirements of Oregon Senate Bill 458 by
Adding Section 18.5.1.075 "Middle Housing Land Divisions" and Section 18.5.3.140 "Middle
Housing Land Divisions."
2. Motion for Approval of Findings of Fact
The attached findings document reflects the Planning Commission recommendation.
• 1 move to approve the Findings of Fact and Conclusions of Law document dated February 21,
2023.
REFERENCES & ATTACHMENTS
Attachment 1: Draft Ordinance 3217-'An Ordinance Amending the Ashland Land Use Ordinance to
Implement the Requirements of Oregon Senate Bill 458 By Adding Section 18.5.1.075
"Middle Housing Land Divisions" And Section 18.5.3.140 "Middle Housing Land Divisions.'
Attachment 2: Draft Findings, Orders and Conclusions of Law
Attachment 3: Public Comments
• Amy Anderson, Rogue Planning dated 1/03/2023
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ORDINANCE NO.3217
AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDIANCE
TO IMPLEMENT THE REQUIREMENTS OF OREGON SENATE BILL
458 BY ADDING SECTION 18.5.1.075 "MIDDLE HOUSING LAND
DIVISIONS" AND SECTION 18.5.3.140 "MIDDLE HOUSING LAND
DIVISIONS."
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City the City shall have all powers which the constitutions, statutes, and common
law of the United States and of this State expressly or impliedly grant or allow municipalities, as
fully as though this Charter specifically enumerated each of those powers, as well as all powers
not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Ci of
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293;
531 P 2d 730, 734 (1975); and
WHEREAS, Senate Bill (SB) 458 "relating to land division for residential development;
creating new provisions; and amending ORS 93.277, 94.775, 94.776, 197.365, 197.370, 197.375
and 197.380" was passed at the 81" Oregon Legislative Assembly, 2021 Regular Session, and
became effective on June 30, 2022. SB 458 requires cities to approve a tentative plan for a
middle housing land division if the application includes a proposal for the development of
middle housing in compliance with the Oregon residential specialty code and with the land use
regulations applicable to the original lot or parcel allowed under ORS 197.758(5); separate
utilities for each dwelling unit; proposed easements necessary for each dwelling in the plan for
utilities, pedestrian access, common use areas or shared building elements, driveways or parking,
and dedicated common areas; exactly one dwelling unit per lot except for lots, parcels or tracts
used as common areas; and evidence demonstrating how buildings will comply with applicable
building code provisions relating to new property lines, and notwithstanding the creation of new
lots or parcels, how buildings on new lots will comply with the Oregon residential specialty
code.
ORDINANCE NO.3217
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WHEREAS, the City of Ashland Planning Commission considered the above -referenced
recommended amendments to the Ashland Land Use Ordinance at a duly advertised public
hearings on November 22, 2022, and following deliberations, unanimously recommended
approval of the amendments; and
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing
on the above -referenced amendments on January 3, 2023; and
WHEREAS, the City Council of the City of Ashland, following the close of the public hearing
and record, deliberated and conducted first and second readings approving adoption of the
Ordinance in accordance with Article 10 of the Ashland City Charter; and
WHEREAS, the City Council of the City of Ashland has determined that in order to meet the
requirements of state law and protect and benefit the health, safety and welfare of existing and
future residents of the City, it is necessary to amend the Ashland Land Use Ordinance in the
manner proposed, that an adequate factual base exists for the amendments, the amendments are
consistent with the Ashland Comprehensive Plan and that such amendments are fully supported
by the record of this proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Ashland Municipal Code Title 18 Land Use is hereby amended as follows.
SECTION 2. Section 18.5.1.0750 [Middle Housing Land Divisions] is hereby added to the
Ashland Land Use Ordinance to read as follows:
Section 18.5.1.075 Middle Housing Land Divisions (MHLD)
Middle Housing Land Division decisions are made by the Staff Advisor using the Expedited
Land Division procedure detailed below. Middle Housing Land Divisions may be appealed to a
referee/hearings officer. Middle Housing Land Divisions are not a land use or limited land use
decision.
A. Procedural Handling. Unless the applicant requests to use the land partition procedures in
ALUO 18.5.3.030, Middle Housing Land Divisions shall be processed under the Expedited
Land Divisions procedure from ORS 197.360 to 197.380 as detailed below:
ORDINANCE NO.3217
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1. Pre -Application Conference. A pre -application conference is voluntary for a Middle
Housing Land Division.
2. Application Requirements. Applications for development permits shall be submitted
upon forms established by the Staff Advisor. Applications will not be accepted in partial
submittals, and all of the following items must be submitted to initiate completeness
review:
a. Application Form and Fee. Applications for Middle Housing Land Divisions shall be
made on forms provided by the Staff Advisor. One or more property owners of the
property for which the planning action is requested, and their authorized agent, as
applicable, must sign the application. The application shall not be considered
complete unless the appropriate application fee accompanies it.
b. Submittal Information. The application shall include all of the following information.
i. The information requested on the application form.
ii. Drawings and supplementary materials for Preliminary Plat as required in ALUO
18.5.3.040.B.
iii. A narrative explanation of how the application satisfies each and all of the
relevant criteria and standards in ALUO 18.5.3.140.C.1.
iv. Additional materials necessary to demonstrate compliance with the Oregon
residential specialty code.
V. Information demonstrating compliance with all prior approvals and conditions of
approval for the parent lot or parcel, as applicable.
3. Completeness review. The Staff Advisor shall review the application submittal and
advise the applicant in writing whether the application is complete or incomplete within
twenty-one (21) calendar days after the city receives the application submittal.
a. Incompleteness shall be based solely on failure to pay required fees, failure of the
applicant's narrative to address the relevant criteria or development standards, or
failure to supply the required submittal information and shall not be based on
differences of opinion as to the quality or accuracy of the information provided.
Determination that an application is complete indicates only that the application
contains the information necessary for a qualitative review of compliance with the
applicable criteria and standards.
b. If the application was complete when first submitted or the applicant submits the
additional information within 180 days of the date the application was first submitted,
approval or denial of the application shall be based upon the applicable criteria and
standards that were in effect at the time the application was first submitted.
c. If an application is incomplete, the completeness notice shall list what information is
missing and allow the applicant to submit the missing information. The
completeness notice shall include a form, designed to be returned to the Staff
Advisor by the applicant, indicating whether or not the applicant intends to amend or
supplement the application. For purposes of computation of time under this section,
the application shall be deemed complete on the date the applicant submits the
requested information or refuses in writing to submit it.
4. Notification.
ORDINANCE NO. 3217
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a. Mailinq of Notice of Complete Application. The Staff Advisor shall provide written
notice of the receipt of the completed application for a Middle Housing Land division
to:
i. The applicant and/or authorized representative.
ii. The owner(s) of record of the subject property.
iii. Neighborhood group(s) or community organization(s) officially recognized by the
City whose boundaries include or are within one hundred (100) feet of the subject
property.
iv. Owners of record for properties located within one hundred (100) feet of the
perimeter of the subject property.
V. Affected city departments, governmental agencies or special districts responsible
for providing public facilities or services which is entitled to notice under an
intergovernmental agreement with the City which includes provision for such
notice or is otherwise entitled to such notice.
b. Content of Notice of Complete Application. The notice of the receipt of the
completed application shall include all of the following:
i. The street address or other easily understood geographical reference to the
subject property.
ii. A summary of the proposal.
iii. The time and place where copies of all evidence submitted by the applicant will
be available for review.
iv. The applicable criteria for the decision, listed by commonly used citation.
V. The name and telephone number of a local government contact person.
vi. A brief summary of the local decision -making process for the Middle Housing
Land Division.
vii. A statement that issues that may provide the basis for an appeal to the hearings
officer must be raised in writing prior to the expiration of the comment period;
viii. A statement that issues must be raised with sufficient specificity to enable the
local government to respond to the issue.
ix. The place, date and time that comments are due.
c. Certification of Notices. The City shall prepare an affidavit or other certification
stating the date(s) the notices were mailed and posted, which shall be made a part of
the file.
d. Comment Period. After notification according to the procedure set out above, the
Staff Advisor shall provide a 14-day period for submission of written comments prior
to the decision.
5. Decision: The Staff Advisor shall make a decision to approve or deny the application
within 63 days of receiving a completed application, based on whether the application
satisfies the substantive requirements of ALUO 18.5.3.140.C.
a. Approval may include conditions to ensure that the application complies with the
applicable criteria and standards for Middle Housing Land Divisions.
b. For Middle Housing Land Divisions, the Staff Advisor:
Shall not hold a hearing on the application; and
ORDINANCE NO. 3217
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ii. Shall issue a written determination of compliance or noncompliance with
applicable criteria and standards for Middle Housing Land Divisions that
includes a summary statement explaining the determination.
c. The decision shall include a statement of the facts the Staff Advisor relied upon to
determine whether the application satisfied or failed to satisfy each applicable
approval criteria.
d. Notice of the decision shall be provided to the applicant and to those who received
notice under subsection (4) of this section within sixty-three (63) days of the date of a
completed application. The notice of decision shall include:
i. The summary statement described in (5)(b) of this subsection; and
ii. An explanation of appeal rights under ORS 197.375 ('Appeal of decision
on application for expedited land division').
6. Appeals: An appeal of the Staff Advisor's decision made under this section shall be
made as follows:
a. An appeal must be filed within fourteen (14) days of mailing of the notice of the
decision and be accompanied by a $300 deposit toward the cost of an appeal
hearing. This deposit shall be refunded if the appellant materially improves his or her
position from the Staff Advisor's decision. The referee shall assess the cost of the
appeal in excess of the deposit for costs, up to a maximum of $500, against an
appellant who does not materially improve his or her position from the decision of the
Staff Advisor.
b. A decision may be appealed by:
i. The applicant.
ii. Any person or organization who filed written comments within the 14-day
comment period.
c. An appeal shall be based solely on allegations:
i. Of violation of the substantive provisions of the applicable criteria and standards;
ii. Of the unconstitutionality of the decision;
iii. That the application is not eligible for review as a Middle Housing Land Division
under ALUO 18.5.3.140 or as an Expedited Land Division under ORS 197.360 to
197.380 and should instead be reviewed as a land use decision or limited land
use decision; or
iv. That the parties' substantive rights have been substantially prejudiced by an error
in procedure.
d. The City of Ashland's hearings officer is designated as the referee for appeals of a
decision made under this section and ORS 197.360 and 197.365.
e. Within seven days of receiving the appeal, the City, on behalf of the hearings officer,
shall notify the applicant, the appellant if other than the applicant, any person or
organization entitled to notice under ALUO 18.5.1.075.D.4.a that provided written
comments to the local government and all providers of public facilities and services
entitled to notice under ALUO 18.5.1.075.D.4.a and advise them of the manner in
which they may participate in the appeal. A person or organization that provided
written comments to the local government but did not file an appeal under subsection
ORDINANCE NO. 3217
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(6) of this section may participate only with respect to the issues raised in the written
comments submitted by that person or organization. The hearings officer may use
any procedure for decision -making consistent with the interests of the parties to
ensure a fair opportunity to present information and argument. The hearings officer
shall provide the local government an opportunity to explain its decision but is not
limited to reviewing the local government decision and may consider information not
presented to the local government.
The hearings officer shall apply the substantive requirements of ALUO 18.5.3.140.0
and ORS 197.360. If the hearings officer determines that the application does not
qualify as an Expedited Land Division under ORS 197.360 or a Middle Housing Land
Division under ALUO 18.5.3.140, the hearings officer shall remand the application for
consideration as a land use decision or limited land use decision. In all other cases,
the hearings officer shall seek to identify means by which the application can satisfy
the applicable requirements.
The hearings officer shall not reduce the density of the land division application.
The hearings officer shall make a written decision approving or denying the
application or approving it with conditions designed to ensure that the application
satisfies the applicable criteria and standards, within 42 days of the filing of an
appeal. The hearings officer shall not remand the application to the local government
for any reason other than as set forth in this subsection.
Unless the City Council finds ,exigent circumstances, a hearings officer who fails to
issue a written decision within 42 days of the filing of an appeal shall receive no
compensation for service as hearings officer in the appeal.
Notwithstanding any other provision of law, the hearings officer shall order the local
government to refund the deposit for costs to an appellant who materially improves
his or her position from the decision of the local government. The hearings officer
shall assess the cost of the appeal, up to a maximum of $500, against an appellant
who does not materially improve his or her position from the decision of the local
government. The local government shall pay the portion of the costs of the appeal
not assessed against the appellant. The costs of the appeal include the
compensation paid the hearings officer and costs incurred by the local government,
but not the costs of other parties.
The Land Use Board of Appeals (LUBA) does not have jurisdiction to consider any
decisions, aspects of decisions or actions made for Middle Housing Land Divisions
under ALUO 18.5.3.140 or Expedited Land Divisions under ORS 197.360 to
197.380.
Any party to a proceeding before a hearings officer under this section may seek
judicial review of the hearings officer's decision in the manner provided for review of
final orders of the Land Use Board of Appeals (LUBA) under ORS 197.850 and
197.855. The Court of Appeals shall review decisions of the hearings officer in the
same manner as provided for review of final orders of the Land Use Board of
Appeals (LUBA) in those statutes. However, notwithstanding ORS 197.850(9) or any
other provision of law, the court shall reverse or remand the decision only if the court
finds:
That the decision does not concern Middle Housing Land Divisions under ALUO
18.5.3.140 or Expedited Land Divisions under ORS 197.360 and the appellant
raised this issue in proceedings before the hearings officer;
That there is a basis to vacate the decision as described in ORS 36.705(1)(a) to
(d), or a basis for modification or correction of an award as described in ORS
36.710; or
ORDINANCE NO. 3217
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iii. That the decision is unconstitutional.
SECTION 3, Section 18.5.3.140 [Middle Housing Land Divisions] is hereby added to the
Ashland Land Use Ordinance to read as follows:
Section 18.5.3.140 Middle Housinq Land Divisions (MHLD)
A. Purpose. The' Middle Housing Land Divisions (MHLD) process seeks to provide home
ownership opportunities by allowing lots with middle housing to be divided so that each
middle housing dwelling unit is on its own lot. As used in this section, a "Middle Housing
Land Division" is the division of a lot or parcel on which the development of middle housing
has been is allowed under ORS 197.758(3). For cities with populations of between 10,000
and 25,000 such as Ashland, the middle housing types allowed under ORS 197.758(3) is
limited to duplexes. A Middle Housing Land Division includes both a preliminary plat
approval and a final plat and is not considered a land use decision or a limited land use
decision under ORS 197.015.
B. Applicability and General Requirements.
1. Lots in residential zones including R-1, R-1-3.5, RR, WR, R-2, R-3, NN, and NM zones
containing duplexes permitted on or after July 1, 2022 may be divided using the Middle
Housing Land Divisions process outlined in this section.
2. The Middle Housing Land Divisions process in ALUO 18.5.3.140 shall be used unless
the applicant requests to use the standard partition procedures in ALUO 18.5.3.030.
3. The Middle Housing Land Divisions process in ALUO 18.5.3.140 may not be used to
create separate lots for Accessory Residential Units.
C. Middle Housing Land Divisions Preliminary Plat Approval Process
1. Approval Criteria. The Staff Advisor shall approve a Middle Housing Land Division
preliminary plat upon finding:
a. The parent parcel is developed with middle housing allowed under ORS 197.758(3)
or the application for a Middle Housing Land Division is being made concurrently with
a building permit application for construction of middle housing under ORS
197.758(3) on the parcel.
b. Each resulting middle housing lot or parcel shall contain no more than one middle
housing dwelling unit except for lots, parcels, or tracts proposed as common area.
c. Accessory Residential Units (ARU) are not permitted on middle housing lots or
parcels created under this section.
d. Each lot is served with its own separate utilities.
e. All easements necessary for each middle housing dwelling unit shall be identified on
the plat. Easements shall be provided to ensure:
i. Provision of and access for maintenance and replacement of all utilities;
ii. Pedestrian access from each dwelling unit to a public or private street;
iii. All dedicated driveways, parking, common use areas or shared building elements
and dedicated common areas can be accessed and used.
f. Evidence submitted by the applicant demonstrates how buildings or structures on the
resulting lots or parcels will comply with applicable building codes provisions relating
ORDINANCE NO. 3217
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to new property lines and, notwithstanding the creation of new lots or parcels, how
structures or buildings located on the newly created lots or parcels will comply with
the Oregon Residential Specialty Code.
2. The Staff Advisor shall apply additional conditions to the approval of a tentative plat for a
Middle Housing Land Division to:
a. Prohibit the further division of the resulting middle housing lots or parcels.
b. Require that a notation appear on the final plat indicating that approval was given
under ALUO 18.5.3.140 Middle Housing Land Divisions.
3. The type of middle housing developed on the original parent parcel is not altered by a
Middle Housing Land Division. The newly created middle housing lots are created within
a legal parent lot solely for the purpose of providing ownership opportunities, and these
new middle housing lots are not granted additional development rights and must be
maintained to meet the criteria applicable to the "parent lot" (height, lot coverage, open
space, etc.). A duplex divided into two middle housing lots is still considered part of the
original duplex and subject to all conditions of the original duplex approval.
4. Where the parent lot or parcel abuts a public street and dedication or frontage
improvements consistent with ALUO 18.4.6.040.F were not provided when the lot or
parcel was created, necessary right-of-way and street frontage improvements shall be
provided to meet the Street Design Standards.
5. The access and minimum street frontage standards in ALUO 18.2.4.010 shall not apply
to Middle Housing Land Divisions.
6. There shall be no minimum area or dimensional requirements for lots resulting from a
MHLD.
7. The Staff Advisor shall not require a final plat before building permits are issued.
D. Middle Housing Land Divisions Final Plat
1. The final plat shall comply with the Middle Housing Land Division preliminary plat
conditions of approval.
2. The following data requirements, if applicable, shall also be shown on the final plat.
a. All tracts of land intended to be deeded or dedicated for public use;
b. Street names as approved by the Public Works Director in accordance with the
'Criteria for Naming or Renaming a Street' in AMC 13.24.010.
c. Any non -access strips.
d. A notation indicating that approval was given under ALUO 18.5.3.140 Middle
Housing Land Divisions.
3. Approval Criteria. The Staff Advisor shall approve or deny the final plat for the Middle
housing land division based upon the following criteria:
a. All conditions of the Middle Housing Land Division preliminary plat approval have
been satisfied and the final plat substantially conforms to the approved Middle
Housing Land Division preliminary plat approval.
b. Approved construction drawings for required public improvements have been
provided, including grading and drainage plans as applicable, and the applicant has
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provided verification by the City that electric, water and sanitary sewer services are
available to every lot depicted on the plat.
c. An approved security instrument is provided to guarantee completion of any required
public improvements that have not been completed and accepted by the City.
d. The plat contains a dedication to the public of all required public improvements,
including but not limited to public streets and any public utility easements, and all
required streets, accessways, easements, and other dedications or reservations are
shown on the plat.
e. The applicant has furnished acceptable copies of any applicable Covenants,
Conditions and Restrictions (CC&R's), easements, maintenance agreements (e.g.,
landscaping, utilities, tree preservation, common areas, access, parking, etc.), and
other documents pertaining to common improvements recorded and referenced on
the plat.
f. The format of the plat shall conform to ORS 92, and shall incorporate the preliminary
plat information in ALUO 18.5.3.040.B.
g. The plat contains an affidavit by the surveyor who surveyed the land, represented on
the plat to the effect the land was correctly surveyed and marked with proper
monuments as provided by ORS 92, indicating the initial point of the survey, and
giving the dimensions and kind of such monument and its reference to some corner
approved by the Jackson County Surveyor for purposes of identifying its location.
h. A copy of any deed restrictions applicable to the partition or subdivision or the title
report.
E. Filing and Records
Recordation. Following review and the Staff Advisor's approval of a Middle Housing
Land Division Final Plat, the applicant shall take the following actions:
a. Obtain the approval signature on the Middle Housing Land Division final plat by the
Jackson County Surveyor certifying that the final plat complies with all applicable
survey laws. Before certifying, the County Surveyor may make any necessary field
investigations to verify that the plat survey is sufficiently accurate. If the County
Surveyor determines that the plat does not comply, the applicant shall make
corrections. When the County Surveyor determines that the plat conforms, the
County Surveyor shall sign and date the final plat.
b. A Notice of Middle Housing Land Division for each middle housing lot shall be
recorded with the County Recorder that states:
i. The middle housing lot may not be further divided.
ii. No more than one unit of middle housing may be developed on each
middle housing lot.
iii. The dwelling developed on the middle housing lot is a unit of middle
housing and is not a single attached or detached dwelling, or any other
housing type.
File a statement of water right and, if a water right is appurtenant, a copy of the
acknowledgment from the Water Resources Department.
Deliver the approved final plat and accompanying documents to the County
Recorder for recording.
Return a copy of the recorded final plat and Notices of Middle Housing Land Division
to the City for filing.
ORDINANCE NO. 3217
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F. Expiration and Extensions. The final plat for a Middle Housing Land Division shall be
approved within three years of the approval of the preliminary plat, except when extension of
the preliminary plat approval is granted pursuant to ALUO 18.1.6.040
The foregoing ordinance was first read by title only in accordance with Article X, Section
2(C) of the City Charter on the day of , 2023, and duly PASSED and
ADOPTED this day of , 2023.
I ATTEST:
Melissa Huhtala, City Recorder
SIGNED and APPROVED this day of 12023.
Reviewed as to form:
Douglas M. McGeary, Acting City Attorney
ORDINANCE NO.3217
Julie Akins, Mayor
Page 10 of 10
BEFORE THE CITY COUNCIL
CITY OF ASHLAND, JACKSON COUNTY, OREGON
February 21, 2023
In the matter of amendments to the Ashland Municipal
Code (AMC) Title 18 Land Use concerning the approval
Criteria and procedural handling for Middle Housing
Land Divisions as required by Senate Bill 458 from the
8 1 " Oregon Legislative Assembly, 2021 Regular
Legislative Session.
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
PURPOSE:
The proposal includes amendments to AMC Title 18 Land Use providing approval
criteria and procedural handling for Middle Housing Land Divisions (MHLDs) to meet
new state requirements. New state legislation, in the form of Senate Bill (SB) 458
requires Ashland to update the local land use code to meet new state laws and rules
pertaining to middle housing land divisions which took effect June 30, 2022.
PUBLIC HEARINGS:
Notice was published in the Ashland News on November 11, 2022 prior to the Planning
Commission public hearing, and on December 28, 2022 prior to the City Council public
hearing. A public hearing was held at the Planning Commission on November 22, 2022
and at the City Council on January 17, 2023. Notice was also sent to the Department of
Land Conservation and Development on August 23, 2022.
SUMMARY OF AMENDMENTS
The proposal includes the addition of two new sections to the Ashland Land Use
Ordinance (ALUO) to implement the requirements of Senate Bill 458, which include:
• House Bill 458 applies to any lot that allows Middle Housing under House Bill
2001 (i.e. ORS 197.758).
• A Middle Housing Land Division (MHLD) must result in exactly one dwelling
per lot, except that common areas may be located on a separate lot or a shared
tract.
• . Separate utilities are required for each dwelling unit.
• Easements are required to be provided for:
■ Pedestrian access
■ Common areas
■ Driveways and parking areas, if shared
■ Utilities
• A MHLD proposal must demonstrate that it meets the requirements of the Oregon
Residential Specialty Code. For example, if an attached duplex is being divided,
there must be firewall construction between the two units.
Findings of Fact and Conclusions of Law Page 1
• In a typical land division, the land division is approved, infrastructure installed and
plat signed prior to building permits being reviewed and issued for construction. A
Middle Housing Land Division may occur prior to submission of an application for
building permits, after a middle housing development is approved for development,
or after it is constructed.
• Senate Bill 458 gives cities the option of allowing concurrent review of building
permits and the land division, but in any case, Middle Housing Land Division
applications must include a middle housing development (either proposed or
already built) that complies with the building code and the City's middle housing
development code.
Under Senate Bill 458, cities may require the submittal of tentative & final plats for
approval, review for Oregon Residential Specialty Code compliance, and right-of-way
dedications and city -standard street frontage improvements. Cities may not apply any
approval criteria other than the approval criteria specified in Senate Bill 458 to
applications for an MHLD — i.e. the allowable criteria include the City's standards for
middle housing development, separate utilities, easements, one dwelling on each lot,
and building code compliance.
Cities are required to process Middle Housing Land Divisions under the Expedited
Land Division (ELD) process from ORS 197.360 to 197.380 in order to streamline
review. The ELD process is outlined below:
• Submittal requirements are to be consistent with typical land divisions.
• Completeness review must occur by the City within 21 days of application
submittal.
• Notice is given to properties within 100 feet of the site, to utility providers and
to applicable neighborhood association(s).
• There is a 14-day comment period.
• A decision must be made by the city within 63 day%after a complete
application is submitted, unless extended by the Council under limited
circumstances. This is in contrast to the 120 days typically allowed for land
use actions.
• An ELD is not considered to be a land use decision, and would never be heard
by the Planning Commission.
• The Staff Advisor makes the initial administrative decision, and any appeals
go to a referee who cannot be a city employee or city official, but could be a
hearings officer.
• Only the applicant and any person or organization who files written comments
in the time period specified in the bill may appeal. An appeal must be filed
within 14 days of mailing the Notice of Decision. A $300 deposit to cover
costs must be paid with the appeal submittal, and the referee may levy
additional fees to cover hearing costs up to $500.
• The city -appointed "referee" decides any appeal decision —often this is a
city's Hearings Officer - who must issue a decision within 42 days of the
appeal being filed. The decision of the referee is the final local decision on the
MHLD application. Any appeals of the referee's decision go to the Oregon
Court of Appeals rather than to the Land Use Board of Appeals (LUBA).
Findings of Fact and Conclusions of Law Page 2
The current land use code allows for land divisions both in terms of partitions and
subdivisions through a land use process with requirements including minimum lot areas,
dimensional requirements, access and minimum street frontage. Under SB 458, cities may
not apply any approval criteria other than the approval criteria specified in SB 458 to
applications for an MHLD. The allowable criteria are limited to the city's standards for
middle housing development, separate utilities, easements, one dwelling on each lot, and
building code compliance. The proposed amendments are necessary to bring the city's land
division requirements as they relate to middle housing allowed under HB 2001 in line with
SB 458.
REVIEW CRITERIA
The decision of the City Council together with the recommendation by the Planning
Commission was based on consideration and findings of consistency with the following
factors.
A. Consistency with City of Ashland approval criteria for legislative amendments,
AMC 18.5.9.020.B
B. Consistency with City of Ashland Comprehensive Plan and Other City Policies
C. Consistency with Oregon Statewide Planning Goals
EVALUATION AND COUNCIL FINDINGS:
A. Consistency with City of Ashland approval criteria for legislative amendments and
zoning map amendments, AMC 18.5.9.020.E
18.5.9.020 Applicability and Review Procedure
Applications for Plan Amendments and Zone Changes are as follows:
B. Type lll. It may be necessary from time to time to make legislative amendments in
order to conform with the Comprehensive Plan or to meet other changes in
circumstances or conditions. The Type 111 procedure applies to the creation, revision,
or large-scale implementation of public policy requiring City Council approval and
enactment of an ordinance; this includes adoption of regulations, zone changes for
large areas, zone changes requiring comprehensive plan amendment,
comprehensive plan map or text amendment, annexations (see chapter 118..5.� for
annexation information), and urban growth boundary amendments. The following
planning actions shall be subject to the Type 111 procedure.
1. Zone changes or amendments to the Zoning Map or other official maps, except
where minor amendments or corrections ma be processed through the Type 11
procedure pursuant to subsection 18.5.9.020.A, above.
2. Comprehensive Plan changes, including text and map changes or changes to
other official maps.
3. Land Use Ordinance amendments.
4. Urban Growth Boundary amendments. (Ord. 3195 § 5, amended, 1210112020)
Findings of Fact and Conclusions of Law Page 3
Ashland Municipal Code (AMC) 18.5.9.020.B permits legislative amendments to meet
changes in circumstances and conditions. The City Council finds it is necessary to amend
the land use ordinance to meet the new state requirements for middle housing land
divisions in SB 458.
In the 2021 legislative session, the Oregon State Legislature passed SB 458 which
requires cities to approve middle housing land divisions permitted on or after July 1,
2022 when the application includes: a) a proposal for development of middle housing in
compliance with the Oregon residential specialty code and land use regulations
applicable to the original lot or parcel allowed under ORS 197.758 (5); (b) Separate
utilities for each dwelling unit; (c) Proposed easements necessary for each dwelling unit
on the plan for: (A) Locating, accessing, replacing and servicing all utilities, (B)
Pedestrian access from each dwelling unit to a private or public road, (C) Any common
use areas or shared building elements, (D) Any dedicated driveways or parking, and (E)
Any dedicated common area; (d) Exactly one dwelling unit on each resulting lot or
parcel, except for lots, parcels or tracts used as common areas; and (e) Evidence
demonstrating how buildings or structures on a resulting lot or parcel will comply with
applicable building codes provisions relating to new property lines and, notwithstanding
the creation of new lots or parcels, how structures or buildings located on the newly
created lots or parcels will comply with the Oregon residential specialty code.
SB 458 provides that cities may add conditions to the approval of a tentative plan for a
middle housing land division to: (a) Prohibit the further division of the resulting lots or
parcels; (b) Require that a notation appear on the final plat indicating that the approval was
given under this section. In reviewing an application for a middle housing land division, a
city or county: (a) Shall apply the procedures under ORS 197.360 to 197.380; (b) May
require street frontage improvements where a resulting lot or parcel abuts the street
consistent with land use regulations implementing ORS 197.758; (c) May not subject an
application to approval criteria except as provided in this section, including that a lot or
parcel require driveways, vehicle access, parking or minimum or maximum street frontage;
(d) May not subject the application to procedures, ordinances or regulations adopted under
ORS 92.044 or 92.046 that are inconsistent with this section or ORS 197.360 to 197.380;
(e) May allow the submission of an application for a middle housing land division at the
same time as the submission of an application for building permits for the middle housing;
and (f) May require the dedication of right of way if the original parcel did not previously
provide a dedication. SB458 makes clear that the type of middle housing developed on
the original parcel is not altered by a middle housing land division, that notwithstanding
ORS 197.312 (5), a city is not required to allow an accessory dwelling unit on a lot or
parcel resulting from a middle housing land division, and that the tentative approval of a
middle housing land division is void if and only if a final subdivision or partition plat is
not approved within three years of the tentative approval. Nothing in this section or ORS
197.360 to 197.380 prohibits a city or county from requiring a final plat before issuing
building permits.
The current Ashland Land Use Ordinance (ALUO) code is not consistent with the new
state requirements in that land use approval is required to partition or subdivide land, and
Findings of Fact and Conclusions of Law Page 4
divisions through a land use action include requirements for minimum lot areas,
dimensional requirements, access and minimum street frontage. Under SB 458, cities
may not apply any approval criteria other than the approval criteria specified in SB 458 to
applications for an MHLD. The allowable criteria are limited to the city's standards for
middle housing development, separate utilities, easements, one dwelling on each lot, and
building code compliance. The proposed amendments are necessary to bring the city's
land division requirements as they relate to middle housing allowed under HB 2001 in
line with SB 458.
The City Council finds the land use ordinance amendments proposed here are necessary
to create an approval process for middle housing land divisions to comply with SB 458,
and are therefore consistent with AMC 18.5.9.020.B.
A Consistency with the Ashland Comprehensive Plan and other City Policies
The Ashland Comprehensive Plan includes a goal in the Housing Element to "ensure a
range of different dwelling types that provide living opportunities for the total cross
section of Ashland's population (6.10.01)." Included with this goal are the following
applicable policies: "Policy 1: Provide for a mix of housing types that are attractive and
affordable to a diversity of ages, incomes, household sizes, and household types," and
"Policy 3: Integrate housing with other compatible land uses through flexible zoning
provisions." The Housing Element includes another goal to "support the creation and
preservation of housing that is affordable to low and moderate income households and
that is commensurate with the incomes of Ashland's workforce (6.10.02)."
Finding: The proposed land use code amendments allow properties containing duplexes
to be divided through an expedited process in order to provide additional housing options
for ownership that are more affordable due to the likelihood of smaller lots and parcels
and smaller unit sizes.
The Climate and Energy Action Plan (LEAP) includes an action to "Revise community
development plans to favor walkable neighborhoods and infill density. Ashland has a
series of long-range planning documents that guide development across Ashland
districts, neighborhoods, and natural areas. Revisiting these plans to ensure that they
support climate -ready development needs, such as walking, biking, transit, parking
management, and climate adaptation features, will ensure that Ashland development is
consistent with the City's climate goals and commitments. It will be important to ensure
that these activities do not come at the expense of higher housing costs, which could
disadvantage low-income populations (CEAP ULT-4-2)."
Finding: SB 458 provides that as a condition of approval of a middle housing land
division, cities may require the dedication of right of way if the original parcel did not
previously provide a dedication, and may require street frontage improvements where a
resulting lot or parcel abuts the street. In combination with codes implementing HB
2001, the proposed land use code amendments will provide opportunities to develop
duplexes as infill density within existing neighborhoods and with this infill make these
established neighborhoods more walkable which is consistent with the CEAP.
Findings of Fact and Conclusions of Law Page 5
The City Council finds and determines that the proposed land use code amendments are
consistent with the Comprehensive Plan and other aforementioned City documents and
policies.
C. Consistency with Oregon Statewide Planning Goals
GOAL 1: CITIZEN INVOLVEMENT
To develop a citizen involvement program that ensures the opportunity for citizens to be
involved in all phases of the planning process.
Finding: The City of Ashland meets this requirement by having the Planning
Commission serve as the Committee on Citizen Involvement, as well as having various
citizen commissions with opportunities for the public to testify on general or specific
matters. The Planning Commission discussed the proposed code amendments at an
electronic public meeting on June 14, 2022. This meeting was held electronically via
Zoom because of the City of Ashland's emergency declaration for the COVID-19
pandemic that began on March 15, 2020 and the Governor's Executive Order 20-16 that
suspended all in -person public meetings. The Planning Commission also held a hybrid
public hearing on November 22, 2022, with options to participate in person or
electronically via Zoom. Opportunities to provide written and oral testimony were
available at both commission meetings. The Planning Commission recommended
approval of the attached ordinance. This Goal is met.
GOAL 2: LAND USE PLANNING
To establish a land use planning process and policy framework as a basis for all
decisions and actions related to use of land and to assure an adequate factual bases for
such decisions and actions.
Finding: The proposed land use code amendments have an adequate factual base and are
required by SB 458, as has been thoroughly described in this application. The
implementation measures proposed are consistent with and adequate to carry out SB 458
and Comprehensive Plan polices as noted in these findings. The alternative to amending
the land use code would be to implement middle housing land division regulations
directly from SB 458. The Goal is met.
GOAL 3: A GRICULA TURAL LANDS
To preserve and maintain agricultural lands.
Finding: Not applicable because the proposal does not propose any land use regulation
changes to agricultural lands outside of the Ashland Urban Growth Boundary (UGB).
GOAL 4: FOREST LANDS
To conserve forest lands by maintaining the forest land base and to protect the state's
forest economy by making possible economically efficient forest practices that assure the
continuous growing and harvesting of forest tree species as the leading use on forest land
Findings of Fact and Conclusions of Law Page 6
consistent with sound management of soil, air, water, and fish and wildlife resources and
to provide for recreational opportunities and agriculture.
Finding: Not applicable because the proposal does not propose any land use regulation
changes to forest lands outside of the Ashland UGB.
GOAL S: NATURAL RESOURCES, SCENIC AND HISTORIC AREAS, AND OPEN
SPACES
To protect natural resources and conserve scenic and historic areas and open spaces.
Finding: The proposed land use code amendments will not negatively impact inventoried
Goal 5 resources.
For cities of Ashland's size, the middle housing regulations apply only to duplex
dwellings. Duplex dwellings within the city's identified Water Resource Protection
Zones (i.e., stream bank and wetland protection zones) follow the same provisions as the
development of detached single-family dwellings including activities requiring permits in
AMC Chapter 18.3.11 Water Resource Protection Zones (Overlays). SB 458 addresses
only the division of lands containing duplex dwellings, and will not alter the applicability
of regulations to Water Resource Protection Zones or negatively impact these resources.
For designated historic resources, duplex dwellings are treated the same as detached
single-family dwellings. AMC 18.5.2.020 requires Site Design Review of exterior
changes to any residential structure that is individually listed on the National Register of
Historic Places and require a building permit, regardless of the number of dwelling units.
AMC 18.2.5.070 Maximum Permitted Residential Floor Area in Historic District limits
the floor area of residential dwellings in the City of Ashland's four national register
historic districts. The maximum permitted floor area (MPFA) allows more floor area for a
duplex than for a single-family, and provides an exemption for a detached duplex
dwelling from the MPFA calculation if it is separated from the other structures by six feet
or more. SB 458 addresses only the division of lands containing duplex dwellings, and
will not alter the applicability of the historic district development regulations or
negatively impact these resources. This Goal is met.
GOAL 6: AIR, WATER AND LAND RESOURCES QUALITY
To maintain and improve the quality of the air, water and land resources of the state.
Finding: The City of Ashland has an acknowledged Comprehensive Plan that complies
with this goal. This proposal does not modify the existing goals and policies, and
compliance with SB 458 and OAR Chapter 660 Division 46 does not negatively impact
Goal 6. This Goal is met.
GOAL 7: AREAS SUBJECT TO NATURAL HAZARDS
To protect people and property from natural hazards.
Finding: The City of Ashland has an acknowledged Comprehensive Plan that complies
Findings of Fact and Conclusions of Law Page 7
with this goal. This proposal does not modify the existing goals and policies, and
compliance with SB 458 does not negatively impact Goal 7.
AMC 18.3.10 `Physical and Environmental Constraints Overlay' regulates the
development of flood plain corridor.lands, hillside lands, hillside lands with severe
constraints, and wildfire lands. The standards that apply to the aforementioned natural
hazard areas follow the same provisions for any structure, including duplex dwellings.
As previously modified with the implementation of HB 2001, AMC 18.3.10.090.A
provides that existing parcels without adequate buildable area less than or equal to 35
percent slope are buildable for one single-family dwelling and an accessory residential
unit, or a duplex. There are thirty-one vacant parcels, which is less than one percent of
the residential parcels in the Ashland city limits, that do not have a buildable area that is
less than or equal to 35 percent slope. Given that any development in the regulated
Hillside Lands area is subject to the dimensional requirements of the underlying zone
including lot coverage and that the Hillside Development Standards in AMC 18.3.10.090
regulate the areas of cut and fill, surface and groundwater design, building location and
design, and tree preservation, the development of a single-family dwelling, a single-
family dwelling and an accessory residential unit, or a duplex, and the ability to create
middle housing lots for those duplexes, will result in comparable impact to the natural
hazard area. In addition, development in these areas over 35 percent slope is required to
include a geotechnical study that addresses site geology and suitability of the site for the
proposed development from a geologic standpoint. SB 458 addresses only the division of
lands containing duplex dwellings, and will not alter the applicability of the city's
Physical and Environmental Constraints Overlay regulations or the protection from
natural hazards they were implemented to provide. This Goal is met.
GOAL 8: RECREATIONAL NEEDS
To satisfy the recreational needs of the citizens of the state and visitors and, where
appropriate, to provide for the siting of necessary recreational facilities including
destination resorts.
Finding: The City of Ashland has an acknowledged Comprehensive Plan that complies
with this goal and the proposal does not modify the existing goals and policies related to
Goal 7 and recreational needs. This Goal is met.
GOAL 9: ECONOMIC DEVELOPMENT
To provide adequate opportunities throughout the state for a variety of economic
activities vital to health, welfare, and prosperity of Oregon's citizens.
Finding: SB 458 and OAR Chapter 660 Division 046 for duplexes do not apply to lands
with a nonresidential Comprehensive Plan designation and that are zoned for
employment uses. The proposal does not modify the existing goals and polices related to
Goal 9 and economic development. This Goal is met.
Findings of Fact and Conclusions of Law Page 8
GOAL 10: HOUSING
To provide for the housing needs of citizens of the state.
Finding: The City of Ashland' 2021 Housing Capacity Analysis (HCA) recognizes that
Ashland will need more diverse housing types to meet its housing needs and address
demographic changes. The aging of the baby boomers and the household formation of the
millennials and Generation Z will drive demand for renter- and owner -occupied housing,
such as single- family detached housing, townhouses, duplexes, tri- and quad-plexes, and
apartments. Both groups may prefer housing in walkable neighborhoods, with access to
services. A Housing Production Strategy is expected to be adopted in the spring of 2023.
With the implementation of HB 2001, Ashland's land use code provides the ability to
construct duplexes in all residential zones as outright permitted uses, without the
requirement for a planning approval. Duplexes can be built or an existing structure
converted simply with the approval of a building permit. And with the amendments
proposed here, the land division of duplex dwellings will help provide additional housing
options for ownership that are more affordable due to the likelihood of smaller lots and
parcels and smaller unit sizes.
SB 458 provides that as a condition of approval of a middle housing land division, cities
may require the dedication of right of way if the original parcel did not previously
provide a dedication, and may require street frontage improvements where a resulting lot
or parcel abuts the street. In combination with codes implementing HB 2001, the
proposed land use code amendments here will provide opportunities to develop and
divide duplexes as infill density within existing neighborhoods and with this infill make
these established neighborhoods more walkable while also creating ownership
opportunities. Where existing duplex dwelling units, or existing accessory residential
dwelling units which might otherwise be converted to duplexes for division, are unable to
provide right-of-way dedication and required city -standard street frontage improvements,
these existing rental units would remain part of the needed rental housing inventory.
The amendments proposed here comply with SB 458 and allow duplex dwellings to be
divided into individual middle housing lots, increasing homeownership opportunities.
This Goal is met.
GOAL 11: PUBLIC FACILITIES AND SERVICES
To plan and develop a timely, orderly and efficient arrangement of public facilities and
services to serve as a framework for urban and rural development.
Finding: The City of Ashland has master plans in place for water, wastewater and
stormwater that address project population growth in the Ashland city limits and UGB.
The Water Master Plan was completed in 2020 and projects and plans for an adequate
water supply for a 20-year planning period. The Wastewater Master Plan was completed
in 2012 and projects and plans for an adequate water supply for a 20-year planning
period. The Stormwater and Drainage Master Plan was completed in 2020 and projects
and plans for an adequate water supply for a 20-year planning period. This Goal is met.
Findings of Fact and Conclusions of Law Page 9
GOAL 12: TRANSPORTATION
To provide and encourage a safe, convenient and economic transportation system.
Oregon Administrative Rules
660-046-0030
Implementation of Middle Housing Ordinances
(3) When a local government amends its comprehensive plan or land use regulations to
allow Middle Housing, the local government is not required to consider whether the
amendments significantly affect an existing or planned transportation facility.
Finding: The City of Ashland adopted a Transportation System Plan (TSP) in 2013
which has gone through the post acknowledgement amendment process. The
transportation system is planned to accommodate the population growth of the
community for the 20-year planning period.
The City of Ashland has not evaluated the impacts of duplex dwellings on the
transportation system in accordance with OAR 660-646-0030. The amendments are not
site specific and therefore do not affect the functional classification of any street. The
amendments will have no measurable impacts on the amount of traffic on the existing
transportation system, as they are limited to allowing the division of lands where duplex
dwellings are already required to be allowed under HB 2001, and therefore the
amendments do not cause a "significant effect" under ORS 660-012-0060. This Goal is
met.
GOAL 13: ENERGY CONSER" TION
To conserve energy.
Finding: The City of Ashland has an acknowledged Comprehensive Plan that complies
with this goal and the proposal does not modify the existing goals and policies related to
Goal 13 and energy conservation. This Goal is met.
GOAL 14: URBANZIATION
To provide for an orderly and efficient transition from rural to urban land use, to
accommodate urban population and urban employment inside urban growth boundaries,
to ensure efficient use of land, and to provide for livable communities.
Finding: The proposed land use code amendments do not include changes to the Ashland
urban growth boundary, and do not encourage sprawl, lower than targeted densities or
uncoordinated development. The amendments proposed are limited to allowing
expedited land divisions for land developed with duplexes under ORS 197.758 (3) as
required under SB 458. The management of the City's land use inventories is unaffected
by these amendments. This Goal is met.
Based on the above discussion, the proposed amendments to the Ashland Land Use
Ordinance are, consistent with the statewide planning goals and therefore comply with the
requirement that the amendments be consistent with state land use planning law.
Findings of Fact and Conclusions of Law Page 10
Because the amendments are limited in scope, there are no other Administrative Rules
applicable to this amendment. Likewise, there are no other applicable Oregon Revised
Statutes that are criteria applicable to these amendments. (Note: Consistency with the
Transportation Planning Rule (TPR) is discussed further in this document.)
OVERALL COUNCIL CONCLUSIONS
The City Council finds and determines the approval criteria for this decision have been
fully met, based on the detailed findings set forth herein, the detailed findings and
analysis of the Planning Commission, and supporting documents together with all staff
reports, addenda and supporting materials in the whole record.
Specifically, the Council finds that the proposed land use code amendments are
consistent with City of Ashland approval criteria for land use ordinance and zoning map
amendments as set forth in ALUO 18.5.9.020.B and are consistent with the City of
Ashland Comprehensive Plan and other City policies. The Council finds and determines
that the proposed amendments are consistent the Oregon Statewide Planning Goals and
SB 458.
Accordingly, based on the above Findings of Fact and Conclusions of Law, and based
upon the evidence in the whole record, the City Council hereby APPROVES the
ADOPTION of the following amendments to AMC Title 18 Land Use as reflected in the
attached ordinance.
Ashland City Council Approval
City Council Approval Date
Signature authorized and approved by the full Council this 21' day of February, 2023.
Attest:
Melissa Huhtala, City Recorder Date
Approved as to form:
Douglas McGeary, City Attorney Date
Findings of Fact and Conclusions of Law Page 11
PUBLIC COMMENT
From: Amy Gunter
To: City Council; mayorCEbashland.or.us
Cc: Brandon Goldman
Subject: ORD. 3217 - Public Comments from Jan. 3. 2023
Date: Tuesday, January 17, 2023 12:48:52 PM
Hello,
Thank you for your service and your thoughtfulness in addressing how the state statutes
intended to increase Middle Housing and in part reduce overall housing costs while balancing
Ashland's needs.
Specifically, my concerns are in regard to the requirement that the expedited land divisions
will require compliance with Street Design Standards.
Ashland's Street Design Standards require in nearly all instances 5-foot sidewalks, 7-foot park
rows, 22+ feet of pavement width, curb, gutter, and street trees. Though newer subdivisions
are more able to comply with the present standards from AMC 18.4.6, many new
developments seek relief from the standards due to the topography of the city, existing
vegetation, property ownership, utility encroachments, and other physical constraints.
It is more rare for the existing streets to comply with the standards as presently adopted and
many land development applications in established neighborhoods that partition or further
develop seek exceptions to the street standards due to the impediments beyond their control.
The street standards provide an exception process, but that still requires steps to demonstrate
that the existing or proposed improvements are better for pedestrians, bicyclists, and vehicles.
In a number of older neighborhoods the streets have limited improvements but the properties
could be divided if not for adherence street standards. This process will add uncertainty and
expense that works against the needed housing objectives.
My concerns arise from situations where there is an existing duplex (triplex or four-plex) that
can comply with all of the standards except compliance with Ashland's Street Design
Standards. For example, I would estimate that the more than 60% of the streets south of
Siskiyou Boulevard do not comply with standards. Maple Street, Wimer Street, Scenic Drive,
Almond Street, High Street, Holly, Iowa, Clay, Park, Walker, Mary Jane. These are just some
of the higher order streets and they do not comply with the street standards for the majority of
the street distance.
The guidance from the state is that the jurisdiction may require compliance with street
standards. In Ashland where the current street standards require substantial infrastructure
above and beyond what exists on many of the public streets for new developments and with
most partitions and subdivisions and its a challenge to comply, requiring these small parcel to
absorb the infrastructure improvment costs or process a separate exception application with
discretion will greatly limit the actual results.
Thank you,
Amy
Amy Gunter
Rogue Planning & Development Services
541-951-4020
www rogLe In anning_com
This communication, including any attachments hereto or links contained
herein, is for the sole use of the intended recipient(s) and may contain
confidential or legally protected information. If you are not the intended
recipient, you are hereby notified that any review, disclosure, copying,
dissemination, distribution, or use of this communication is prohibited. If
you have received this communication in error, please notify the sender
immediately by return e-mail message and delete the original and all
copies of the communication, along with any attachments from your
system.
••,Council Business Meeting
February 21, 2023
Public Hearing and First Reading of Ordinance 3216 - Food Truck Ordinance
Agenda Item
Amendment
Brandon Goldman
Interim Community Development Director
From
Derek Severson
Senior Planner
Brandon.goldman@ashland.or.us (541) 552-2076
Contact
Derek.severson�@ashland.or.us (541) 552-2040
Item Type
Requested by Council ❑ Update ❑ Request for Direction M Presentation
SUMMARY
The proposal would amend the Ashland Land Use Ordinance to provide additional options for food trucks
and food carts in a new section AMC 18.2.3.145 'Food Trucks and Food Carts.'
POLICIES, PLANS & GOALS SUPPORTED
Ashland Comprehensive Plan, Economic Element (Goal 7.07.03) "To ensure that the local economy
increases in its health, and diversifies in the number, type, and size of businesses consistent with the
local social needs, public service capabilities, and the retention of a high quality environment."
Ashland Comprehensive Plan, Economic Element (Goal 7.07.03, Policy 2.g) "Clear and objective
standards for development reviews that provide for a quick and predictable approval process with a
reduced amount of uncertainty."
BACKGROUND AND ADDITIONAL INFORMATION
Food vendors and space for outdoor eating have long been recognized among the defining elements for
required plaza space in Ashland's design standards. They also serve as incubators for restauranteurs to
make a more affordable entry into the business without a bricks -and -mortar investment, can help to
enliven and activate under-utilized spaces, and during the pandemic they provided an affordable
outdoor dining option in many communities.
Food trucks and food carts in Ashland are currently regulated as follows:
• Short -Term Events (AMC 18.2.2.030.H): Current codes provide for staff approval of short-term
temporary uses occurring no more than once in a calendar year on a property and lasting not
more than 72 hours. There are no public notice requirements for this type of review. This is the
process used for the food trucks at the annual Chocolate Festival at the Ashland Hills Hotel and at
exhibitions and shows at Enclave Studios & Galleries.
• Accessory to an Existing Use: Where food trucks are part of an event that is accessory to an
existing, approved use they may occur without a separate permit. As an example, when the Earth
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Day celebration is held at ScienceWorks Hands On Museum each year, the Earth Day celebration
including food trucks is accessory to the existing approved museum use.
• Conditional Use Permit (AMC 18.5.4): Where a proposal goes beyond the scope of a short-term
event or being accessory to an existing use, food trucks as temporary, seasonal or intermittent
uses require Conditional Use Permit approval. This process requires public notices and takes
approximately 45 days unless an appeal is filed. This is the process used for the Water Street Cafe,
the food truck court at the Growers Market at the corner of Walker Avenue and Ashland Street, at
Northwest Nature Shop and on the OSF campus. The Conditional Use Permit process - which
involves a $200 pre -application conference, a $1,120.25 application fee, and an extended process
if appealed - can pose a barrier to entry to many food truck owners.
The Planning Commission discussed food trucks on June 28, 2022, and at its September 13, 2022 meeting
the Planning Commission initiated an ordinance amendment as allowed in AMC 18.5.1.100 to look at ways
to provide additional options for food truck operators interested in operating in Ashland. The Planning
Commission subsequently discussed ordinance changes at meetings on September 13, September 27,
October 25, and December 13, 2022. The draft ordinance presented tonight incorporates the
recommendations of the Planning Commission, in ordinance form, and generally allows for food trucks
and food carts as follows:
• Short Term Event Permits (AMC 18.2.2.030.H): The short-term events allowances have been left as is,
but an additional subsection has been provided to specifically allow for food trucks on a private
property on a short-term basis no more than once per month rather than only once per year.
• Ministerial Permit: The ministerial Food Truck Permit language proposed would allow up to three
trucks or food carts in approved plaza spaces and private parking lots.
• Site Design Review: A food truck pod, with more than three trucks on a property, or the placement of
food trucks other than on approved plaza space or parking areas would be subject to a Site Design
Review approval. As with other Site Design Review applications, those within the historic districts
would be subject to review by the Historic Preservation Advisory Committee.
• Conditional Use Permit: At the Planning Commission's direction, any proposed food truck or food cart
operations within the downtown (C-1-D) district would remain subject to Conditional Use Permit
approval, which would include review by the Historic Preservation Advisory Committee.
• Residential Zones: The various 'Allowed Uses' charts have been updated to make clear that food
trucks are not to be allowed within any residential zoning districts.
• The proposed amendments to not include allowances for Food Trucks to be located in public parking
spaces or in on -street parking areas outside of designated Special Events.
FISCAL IMPACTS
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Permit fees will be set to cover costs for each type of permit review. Food truck and food cart operators will be
required to obtain a City of Ashland business license and pay Food and Beverage Tax.
DISCUSSION QUESTIONS
• Are Councilors favorable to newly allowing up to three food trucks or carts to be approved on a single
private commercially zoned property through ministerial review?
• Are Councilors favorable to allowing food trucks and food carts in existing approved plaza spaces in
Detail Site Review zones?
• Are Councilors favorable to newly allowing food trucks to be located on private property in
association with a short term event on a monthly basis, rather than once annually?
• Do Councilors find that the requirement that a ministerially -approved food truck not remain in place
for more than five consecutive days is appropriate? This would prevent the trucks from being left in
one place indefinitely, and would enable emptying of wastewater, re -filling of water tanks and re-
stocking of supplies off -site.
SUGGESTED NEXT STEPS
Staff concurs with the Planning Commission and recommends that the Council approve the proposed
ordinance.
The Council can choose to conduct the first reading and to approve the proposed ordinance as recommended
by the Planning Commission or with modifications and move the ordinance to second reading, or choose not to
adopt the ordinance. Should the Council approve the ordinance tonight, written findings formalizing tonight's
decision will need to be adopted in conjunction with the second reading. Recommended motion:
o I move approval of first reading of Ordinance #3216, "An Ordinance Amending the Ashland Land Use
Ordinance to Provide Additional Options for Food Trucks and Food Carts by adding a new section AMC
18.2.3.145 'Food Trucks and Food Carts'; amending section 18.2.2.030.H 'Temporary Uses'; adding a new
section AMC 18.3.3.045 'Special Permitted Uses'; amending the "Allowed Uses" Tables 18.2.2.030,18.3.2.040,
18.3.4.040 & 18.3.5.050; and adding new definitions in AMC 18.6.1.030.F", scheduling of its second reading
and adoption of written findings for March 7, 2023.
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REFERENCES & ATTACHMENTS
Attachment 1: Draft Ordinance #3216
Attachment 2: Planning Commission Staff Report dated 12/13/2022
Planning Commission
Meeting
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Draft 2/21 /2023
ORDINANCE NO.3216
AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDLANCE TO PROVIDE
ADDITIONAL OPTIONS FOR FOOD TRUCKS AND FOOD CARTS BY ADDING A
NEW SECTION AMC 18.2.3.145 `FOOD TRUCKS AND FOOD CARTS'; AMENDING
SECTION 18.2.2.030.H `TEMPORARY USES'; ADDING A NEW SECTION AMC
18.3.3.045 `SPECIAL PERMITTED USES'; AMENDING THE ALLOWED USES
TABLES 18.2.2.030,18.3.2.040,18.3.4.040 & 18.3.5.050; AND ADDING NEW
DEFINITIONS IN AMC 18.6.1.030.F.
Annotated to show deletions and additions to the code sections being modified. Deletions
are bold lined-thFOu and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes, and common
law of the United States and of this State expressly or impliedly grant or allow municipalities, as
fully as though this Charter specifically enumerated each of those powers, as well as all powers
not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293;
531 P 2d 730, 734 (1975); and
WHEREAS, food vendors and space for outdoor eating have long been recognized among the
defining elements for required plaza space in Ashland's design standards, they also serve as
incubators for restauranteurs to make a more affordable entry into the business without a bricks -
and -mortar investment, can help to enliven and activate under-utilized spaces, and during the
pandemic provided an affordable outdoor dining option in many communities.
ORDINANCE NO.3216
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WHEREAS, the City of Ashland Planning Commission considered the above -referenced
recommended amendments to the Ashland Land Use Ordinance at a duly advertised public
hearings on December 13, 2022, and following deliberations, recommended approval of the
amendments by a vote of 5-0; and
WHEREAS, the City of Ashland Planning Commission conducted on December 13, 2022 a
duly advertised public hearings on amendments to the Ashland Land Use Ordinance concerning
the standards relating to annexations, and following deliberations recommended approval of the
amendments.; and
WHEREAS, the City Council of the City of Ashland conducted duly advertised public hearings
on the above -referenced amendments on February 21, 2023.; and
WHEREAS, the City Council of the City of Ashland, following the close of the public hearing
and record, deliberated and conducted first and second readings approving adoption of the
Ordinance in accordance with Article 10 of the Ashland City Charter.; and
WHEREAS, the City Council of the City of Ashland has determined that in order to protect and
benefit the health, safety and welfare of existing and future residents of the City, it is necessary
to amend the Ashland Municipal Code and Land Use Ordinance in manner proposed, that an
adequate factual base exists for the amendments, the amendments are consistent with the
comprehensive plan and that such amendments are fully supported by the record of this
proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Ashland Municipal Code Title 18 Land Use is hereby amended as follows.
SECTION 2. Table 18.2.2.030 [Uses Allowed by Zone] is hereby amended to include the
following.
ORDINANCE NO.3216
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F
E. Commercial Uses
Food Trucks & Food N N N N N N S S S Sec. 18.2.3.145
Carts
SECTION 3. Section 18.2.2.030.H. [Temporary Uses] is hereby amended to read as follows:
18.2.2.030.H. Temporary Uses. Temporary uses require a conditional use permit under
chapter 18.5.4, except as follows:
1. Short -Term Events. The Staff Advisor may approve through ministerial review short-term
temporary uses occurring once in a calendar year and lasting not more than 72 hours including
set-up and take -down. Activities such as races, parades, and festivals that occur on public
property (e.g., street rights -of -way, parks, sidewalks, or other public grounds) require a special
event permit pursuant to chapter 13.03.
2. Short -Term Food Truck Event. The Staff Advisor may approve through ministerial
review the short-term temporary operation of a food truck occurring not more than once
per month and lasting not more than 72 hours including set-up and take -down. In
addition to the short-term food truck event permit, food truck vendors shall obtain a
business license, register for and pay applicable food and beverage tax, and receive any
requisite inspections from the Building and Fire Departments and the Jackson County
Environmental Public Health Department. Short-term food truck events are not to be
permitted in residential zones.
32. Garage Sales. Garage sales shall have a duration of not more than two days and shall not
occur more than twice within any 365-day period. Such activity shall not be accompanied by any
off -premises advertisement. For the purpose of this chapter, garage sales meeting the
requirements of this subsection shall not be considered a commercial activity.
43. Temporary Buildings. Temporary occupancy of a manufactured housing unit or similar
structure may be permitted for a period not to exceed 90 calendar days upon the granting of a
permit by the Building Official. Such occupancy may only be allowed in conjunction with
construction on the site. Said permit shall not be renewable within a six-month period beginning
at the first date of issuance, except with approval of the Staff Advisor.
SECTION 4. Section 18.2.3.145 [Food Trucks and Food Carts] is hereby added to the Ashland
Land Use Ordinance to read as follows:
ORDINANCE NO. 3216 Page 3 of 7
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Section AMC 18.2.3.145 Food Trucks and Food Carts.
Where food trucks and food carts are allowed they are subiect to the following
requirements.
A. Within the Detail Site Review overlay zone as described in ALUO 18.4.2.040.C,
outdoor eating areas and food vendors are among the required elements of the
Detail Site Review Plaza Space Standards (ALUO 18.4.2.040.D.2). Where food
trucks, food carts, and associated outdoor eating areas, can operate within
existing approved plaza space without alteration of the existing site plan, a food
vendor must obtain a ministerial Food Truck Permit but no further land use
approval is required.
B. Within the C-1, CM -NC, CM -MU, CM -OE, CM -CI, E-1, HC, M-1, NM-C, and NN-1-3.5-C
zones, food trucks and food carts may operate within existing private parking lots
where there are at least five off-street parking spaces in place, the existing
approval did not include mixed use or joint use parking credits, and no more than
20 percent of the required off-street parking spaces are proposed to be used by
food trucks and food carts. Food truck, Food Cart, and associated accessory item
placment shall not interfere with vehicular or pedestrian circulation on site. A
food vendor must obtain a ministerial Food Truck Permit but no further land use
approval is required.
C. Within the C-1-D zone, the operation of a food truck or food cart requires a
Conditional Use Permit under chapter 18.5.4.
D. No more than three food trucks or food carts may be approved on a single
property under a ministerial Food Truck Permit.
E. Food truck courts or pods, or the operation of food trucks and food carts on
private property outside of existing parking areas or approved plaza space,
require Site Design Review approval under chapter 18.5.2.
F. Short-term operation of a food truck or food cart outside of the parameters of A-B
above may be permitted as a short-term event pursuant to AMC 18.2.2.030.H.2.
G. Ministerially -approved food trucks and food carts are not permitted to operate
within public rights -of -way.
H. Food truck vendors shall obtain a business license, food truck permit, register for
and pay applicable food and beverage tax, and receive any requisite inspections
from the Building and Fire Departments and the Jackson County Environmental
ORDINANCE NO. 3216
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Public Health Department. Approved City and County permits shall be displayed
on the food truck or food cart, and the food truck vendor is responsible for
compliance with all permit requirements.
I. Utilities. Food Truck Vendors must provide their own water. Wastewater must be
disposed of in an approved location. Connections to temporary power are
permitted. If generators are used, they shall comply with the noise regulations in
Chapter 9.08.
J. Signage. Signaqe shall be limited to any signage on the food truck or cart and
one portable business sign (sandwich board or A -frame) which shall be removed
when the food truck or cart is not in operation. Portable business signs shall not
be placed within the public rights -of -way.
K. Trash and Recycling. Food truck vendors shall provide trash and recycling
containers within ten feet of the truck or cart during operations, and any trash
related to the food vendor within 50 feet not placed in the containers shall be
removed by the vendor at the end of the day. Trash and recycling containers shall
be removed from the premises when the food truck is not in operation.
L. Duration. A food truck shall not remain on a property for more than five
consecutive days.
M. Polystyrene Foam. Food truck vendors shall be subject to the prohibition on the
use of polystyrene foam food packaging in AMC 9.20.
SECTION 5. Table 18.3.2.040 [Croman Mill District Uses Allowed by Zone] is hereby
amended to include the following.
Croman Mill District Zones2
NC
MU
OE
CI
OS
B. Commercial
Food Trucks & Food Carts (Subject to the
S
S
S
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N
requirements of AMC 18.2.3.145)
28 I SECTION 6. Table 18.3.4.040 [Normal Neighborhood District Uses Allowed by Zone] is
29 hereby amended to include the following.
30
ORDINANCE NO. 3216 Page 5 of 7
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B. Neighborhood Business and Service Uses
Food Trucks & Food Carts (Subject to the
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requirements of AMC 18.2.3.145
SECTION 7. Section 18.3.3.045 [Special Permitted Uses] is hereby added to the Ashland Land
Use Ordinance to read as follows.
Section 18.3.3.045 Special Permitted Uses
The following uses are permitted when authorized in accordance with the special
permitted uses standards detailed below.
A. Food Trucks and Food Carts, subject to the requirements of AMC 18.2.3.145.
SECTION 8. Table 18.3.5.050 [North Mountain Neighborhood Uses Allowed by Zone] is
hereby amended to include the following.
North Mountain Neighborhood Zones2
NM-R-1-7.5 I NM-R-1-5 I NM-MF NM-C NM -Civic
C. Commercial
Food Trucks & Food Carts
N
N
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N
(Subject to the
requirements of AMC
18.2.3.145
SECTION 9. Section 18.6.1.030.17 [Definitions] is hereby amended to include the following
new definitions:
Food Cart. A push cart or mobile food unit which is desianed to be readilv movable. but
is typically not self-propelled by motor or pedal power, and which is temporarily located
on a property to sell food and beverages to the general public. The maximum size for a
food cart is four -feet wide nine feet long and four feet high. Food carts must be self-
contained and designed to be movable by one person.
Food Truck. A wheeled. motorized vehicle or trailer temporarily located on a propert
to sell food and beverages to the general public. A food truck typically contains
cooking facilities where the food is also prepared. The exterior length and width of a
food truck, when multiplied, shall be no more than 170 square feet, excluding the trailer
tonaue and bumper. Up to an additional 170 sauare feet is allowed for outdoor
equipment.
Food Truck Court or Food Truck Pod. Four or more food trucks or food carts operating
on the same property.
Food Truck Vendor. The operator who sells, cooks and serves food or beverages from
a food truck or food cart.
ORDINANCE NO. 3216
Page 6 of 7
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The foregoing ordinance was first read by title only in accordance with Article X, Section
2(C) of the City Charter on the day of , 2023, and duly PASSED and
ADOPTED this day of 52023.
ATTEST:
Melissa Huhtala, City Recorder
SIGNED and APPROVED this
Reviewed as to form:
Douglas M. McGeary, Acting City Attorney
ORDINANCE NO.3216
day of 92023.
Julie Akins, Mayor
Page 7 of 7
ASHLAND PLANNING DIVISION
STAFF REPORT
December 13, 2022
PLANNING ACTION: PA-L-2022-00015
APPLICANT: City of Ashland
ORDINANCE REFERENCES: AMC 18.2.2
Base Zones & Allowed Uses
AMC 18.2.3.145
Food Trucks and Food Carts
AMC 18.3.2
Croman Mill District
AMC 18.3.3
Health Care Services District
AMC 18.3.4
Normal Neighborhood District
AMC 18.3.5
N. Mountain Neighborhood District
AMC 18.5.4
Conditional Use Permits
AMC 18.6.1.0301
Definitions
REQUEST: The proposal would amend the Ashland Land Use Ordinance to provide additional
options for food trucks and food carts in a new section AMC 18.2.3.145 `Food Trucks and Food
Carts.'
I. Ordinance Amendments
A. Project Background
As has been previously discussed, food trucks are currently regulated as follows:
• Short -Term Events (AMC 18.2.2.030.H): Current codes provide for staff approval of
short-term temporary uses occurring no more than once in a calendar year on a property
and lasting not more than 72 hours. There are no public notice requirements for this type
of review. This is the process used for the food trucks at the annual Chocolate Festival at
the Ashland Hills Hotel and at exhibitions and shows at the Enclave Studios and Galleries.
• Accessory to an Existing Use: Where food trucks are part of an event that is accessory to
an existing, approved use they may occur without a permit. As an example, when the Earth
Day celebration is held at ScienceWorks Hands On Museum each year, the celebration
including food trucks is accessory to the existing approved use.
• Conditional Use Permit (AMC 18.5.4): Where a proposal goes beyond the scope of a
short-term event or being accessory to an existing use, food trucks as temporary, seasonal
or intermittent uses require Conditional Use Permit approval. This process requires public
notices and generally takes approximately 45 days unless an appeal is filed. This is the
process used for the Water Street Cafe, the food truck court at the current Growers Market,
at Northwest Nature Shop and on the OSF campus. The Conditional Use Permit process —
Planning Action PA-L-2022-00015 Food Trucks Ashland Planning Division — Staff Report
Applicant: City of Ashland Page 1 of 3
which involves a $200 pre -application conference, a $1,120.25 application fee, and an
extended process if appealed - can pose a barrier to entry to many food truck owners.
The Planning Commission discussed food trucks in June of 2022, and at its September 13, 2022
meeting, the Planning Commission initiated an ordinance amendment as allowed in AMC
18.5.1.100 to look at ways to provide additional options for food truck owners interested in
operating in Ashland. The Commission has subsequently discussed ordinance changes at study
sessions in September and October. The draft ordinance presented tonight incorporates the
discussion points into ordinance form, and any changes here can be finalized and brought back for
adoption along with written findings before the issue. is taken to Council.
B. Summary of Proposed Amendments
Based on the Planning Commission discussion at the October 2501 study session, the draft
ordinance has been updated with the following:
Short Term Event Permits (AMC 18.2.2.030.H): The short term events allowances have
been left as is, but an additional subsection has been provided to allow for food trucks on a
property on a short-term basis (i.e. no more than once per month).
Ministerial Permit: The ministerial Food Truck Permit language proposed would allow up to
three trucks or carts in approved plaza spaces and private parking lots.
Site Design Review: A food truck pod, with more than three trucks on a property, or the
placement of food trucks other than on approved plaza space or parking areas would be subject
to Site Design Review. As with other Site Design Review applications, those within the
historic districts would be subject to review by the Historic Preservation Advisory
Committee.
Conditional Use Permit: At Commission direction, proposed food truck or food cart
operations within the downtown (C-1-D) district would remain subject to Conditional Use
Permit approval, which would include review by the Historic Preservation Advisory
Committee.
Residential Zones: The various allowed uses charts have been updated to make clear that
food trucks are not to be allowed within residential zoning districts.
II. Procedural
Applications for Type III (i.e. Legislative) Plan Amendments and Zone Changes are described in
the Ashland Land Use Ordinance section 18.5.9.020 as follows:
B. Type III. It may be necessary from time to time to make legislative amendments in order to
conform with the Comprehensive Plan or to meet other changes in circumstances or
conditions. The Type III procedure applies to the creation, revision, or large-scale
implementation of public policy requiring City Council approval and enactment of an
ordinance; this includes adoption of regulations, zone changes for large areas, zone changes
Planning Action PA-L-2022-00015 Food Trucks Ashland Planning Division — Staff Report
Applicant: City of Ashland Page 2 of 3
requiring comprehensive plan amendment, comprehensive plan map or text amendment,
annexations (see chapter 18.5.8 for annexation information), and urban growth boundary
amendments. The following planning actions shall be subject to the Type III procedure.
1. Zone changes or amendments to the Zoning Map or other official maps, except where
minor amendments or corrections may be processed through the Type II procedure
pursuant to subsection 18.5.9.020.A, above.
2. Comprehensive Plan changes, including text and map changes or changes to other official
maps.
3. Land Use Ordinance amendments.
4. Urban Growth Boundary amendments.
III. Conclusions and Recommendations
If the Planning Commission recommends approval of the attached ordinances, staff will forward
the Commission's recommendation to the City Council to proceed with a public hearing before
the Council.
Attachments
Draft Ordinance
Planning Action PA-L-2022-00015 Food Trucks Ashland Planning Division — Staff Report
Applicant: City of Ashland Page 3 of 3
Speaker- Request Form
THIS FORM IS A PUBLIC RECORD
ALL INFORMATION. PROVIDED WILL BE MADE AVAILABLE TO THE PUBLIC
1) Complete this form and return it to the City Recorder prior to the discussion of the itemYou wish
to speak about.
2) Speak to the City Council from the table podium microphone. '
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Mayor, usually 3 or 5 minutes.
5) If you present written materials, please give a copy to the City Recorder for the record.
6) You may give written comments to the City Recorder for the record if you do not wish to speak.
(Comments can be added to the back of this sheet if necessary)
7) Speakers are solely responsible for the conte4t of their public statement.
Tonight's
Meeting Da -
Name
Address (
Meeft!
Agenda topic/item number OR /
Topic for public forum (non agenda item)
Land Use Public Hearing
Please indicate the following:
For: Against:
Challenge for Conflict of Interest or Bias
If you are challenging a member (a city councilor or a planning commissioner) with a conflict of interest
or bias, please write your allegation complete with supporting facts on this form and deliver it to the clerk
immediately. The Presiding Officer will address the written challenge with the member. Please be
respectful of the proceeding and do not interrupt. You may also provide testimony about the challenge
when you testify during the normal order of proceedings.
Written Comments/Challenge:
The Public Meeting Law requires that all city meetings are open to the public. Oregon law does not
always require that the public be permitted to spear The Ashland City. Council generally invites the.
public to speak on agenda items and during public forum on non -agenda items unless time constraints
limit public testimony. No person has an absolute right to speak or participate in every phase of a
proceeding. Please respect the order ofproceedings for public hearings and strictly follow the directions
of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are disrespectful,
and may constitute disorderly conduct. Offenders will be requested to leave the room.
Comments and statements by speakers do not represent the opinion of the City Council, City Officers or
employees or the City of Ashland
Speaker Request Form
THIS FORM IS A PUBLIC RECORD
ALL INFORMATION PROVIDED WILL BE MADE AVAILABLE TO THE PUBLIC
1) Complete this form and return it to the City Recorder prior to the discussion of the item you wish
to speak about.
2) Speak to the City Council from the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Mayor, usually 3 or 5 .minutes.
5) If you present written materials, please give a copy to the City Recorder for the record.
6) You may give written comments to the City Recorder for the record if you do not wish to speak.
(Comments can be added to the back of this sheet if necessary)
7) Speakers are solely responsible for the content of their public statement.
Tonight's Meeting Date, 1. ^
�...
Name
(
Regular Meeting
Agenda topictitem number OR
Topic for public forum (non agenda item)
Land Use Public Hearing
Please indicate the following:
For: Against:
Challenge for Conflict of Interest or Bias
If you are challenging a member (a city councilor or a planning commissioner) with a conflict of interest
or bias, please write your allegation complete with supporting facts on this form and deliver it to the clerk
immediately. The Presiding Officer will address the written challenge with the member. Please be
respectful of the proceeding and do not interrupt. You may also provide testimony about the challenge
when you testify during the normal order of proceedings.
Written Comments/Challenge:
The Public Meeting Law requires that all city meetings are open to the public. Oregon law does not
always require that the public be permitted to spear The Ashland City. Council generally invites the.
public to speak on agenda items and during public forum on non -agenda items unless time constraints
limit public testimony. No -person has an absolute right to speak or participate in every phase of a
proceeding. Please respect the order ofproceedings for public hearings and strictly follow the directions
of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are disrespectful,
and may constitute disorderly conduct. Offenders will be requested to leave the room.
(Comments and statements by speakers do not represent the opinion of the City Council, City Officers or
employees or the City of Ashland
Speaker Request ]Form
THIS )FORM IS A PUBLIC RECORD
ALL INFORMATION. PROVIDED WILL BE MADE AVAILABLE TO TBE PUBLIC
1) Complete this form and return it to the City Recorder prior to the discussion of the item you wish
to sppeak about.
2) Speak to the City Council from the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Mayor, usually 3 or 5 minutes.
5) If you present written materials, please give a copy to the City Recorder for the record.
6) You may give written comments to the City Recorder for the record if you do not wish to speak.
(Comments can be added to the back of this sheet if necessary)
7) Speakers are solely responsible for the content of their public statement.
Tonight.'s Meeting D2023
Name M 1 {� F f� rl f?6 C
.(pleaseprint)
Meeting
Agenda topic/item number OR
Topic for public forum (non agenda
Land Use Public Hearing
Please indicate the following:
For: Against:
Challenge for Conflict of Interest or Bias
If you are challenging a member (a city councilor or a planning commissioner) with a conflict of interest
or bias, please write your allegation complete with supporting facts on this form and deliver it to the clerk
immediately. The Presiding Officer will address the written challenge with the member. Please be
respectful of the proceeding and do not interrupt. You may also provide testimony about the challenge
when you testify during the normal order of proceedings.
Written Comments/Challenge:
The Public Meeting Law requires that all city meetings are open to the public. Oregon law does not
always require that the public be permitted to speak The Ashland City. Council generally invites the.
public to speak on agenda items and during public forum on non -agenda items unless time constraints
limit public testimony. No -person has an absolute right to speak or participate in every phase of a
proceeding. Please respect the order ofproceedings for public hearings and strictly follow the directions
of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are disrespectful,
and may constitute disorderly conduct. Offenders will be requested to leave the room.
Comments and statements by speakers do not represent the opinion of the City Council, City Officers or
employees or the City of Ashland.
Speaker Request Form
THIS FORM IS A PUBLIC RECORD
ALL INFORMATION. PROVIDED WILL BE MADE AVAILABLE TO THE PUBLIC
1) Complete this form and return it to the City Recorder prior to the discussion of the item You wish
to speak about.
2) Speak to the City Council from the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Mayor, usually 3 or 5 minutes.
5) Ifyou present written materials, please give a copy to the City Recorder for the record.
6) You may give written comments to the City Recorder for the record if you do not wish to speak.
(Comments can be added to the back of this sheet if necessary)
7) Speakers are solely responsible for the content of their public statement.
Tonight's M1.eeting Date
Name I �� ,
(
Agenda topic/item number.
Rezular Meeting
OR
Topic for public forum (non agenda item) r� 3
Land Use Public Hearin
Please indicate the following:
For: _ Against:
Challenge for Conflict of Interest or Bias
If you are challenging a member (a city councilor or a planning commissioner) with a conflict of interest
or bias, please write your allegation complete with supporting facts on this form and deliver it to the clerk
immediately. The Presiding Officer will address the written challenge with the member. Please be
respectful of the proceeding and do not interrupt. You may also provide testimony about the challenge
when you testify during the normal order ofproceedings.
Written Comments/Challenge:
The Public Meeting Law requires that all city meetings are open to the public. Oregon law does not
always require that the public be permitted to speak The Ashland City. Council generally inWtes the.
public to speak on agenda items and during public forum on non -agenda items unless time constraints
limit public testimony. No -person has an absolute right to speak or participate in every phase of a
proceeding. Please respect the order of proceedings for public hearings and strictly follow the directions
of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are disrespectful,
and may constitute disorderly conduct. Offenders will be requested to leave the room.
Comments and statements by speakers do not represent the opinion of the City Council, City Officers or
employees or the City of Ashland
Speaker Request Form
THIS FORM IS A PUBLIC RECORD
ALL INFORMATION PROVIDED WILL BE MADE AVAILABLE TO THE PUBLIC
1) Complete this form and return it to the City Recorder prior to the discussion of the item you wish
to speak about.
2) Speak to the City Council fiom the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Mayor, usually 3 or 5 minutes.
5) If you present written materials, please give a copy to the City Recorder for the record.
6) You may give written comments to the City Recorder for the record if you do not wish to speak.
(Comments can be added to the back of this sheet if necessary)
7) Speakers are solely responsible for the content of their public statement.
Tonight.'s Meeting DateZZ±/ z 1 12 S
Name �ti'� ✓ l wL V C/'i
(
Regular Meeting
Agenda topic/item number & OR
Topic for public forum (non agenda item) Z, 3 (, N , Fv «� S j r,-,
Land Use Public Hearing
Please indicate the following:
For: Against:.
Challenge for Conflict of Interest or Bias
If you are challenging a member (a city councilor or a planning commissioner) with a conflict of interest
or bias, please write your allegation complete with supporting facts on this form and deliver it to the clerk
immediately. The Presiding Officer will address the written challenge with the member. Please be
respectful of the proceeding and do not interrupt. You may also provide testimony about the challenge
when you testify during the normal order of proceedings.
Written Comments/Challenge:
The Public Meeting Latin requires that all city meetings are open to the public. Oregon law does not
always require that the public be permitted to speak The Ashland City. Council generally invites the.
public to speak on agenda items and during public forum on non -agenda items unless time constraints
limit public testimony. No -person has an absolute right to speak or participate in every phase of a
proceeding. Please respect the order of proceedings for public hearings and strictly follow the directions
of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are disrespectful,
and may constitute disorderly conduct. Offenders will be requested to leave the room.
(:omments and statements by speakers do not represent the opinion of the City Council, City Officers or
employees or the City of Ashland
-�Ciiv O
ASHLAND
A PROCLAMATION IN HONOR OF BLACK HISTORY MONTH 2O23
WHEREAS, Black History Month, first proposed by scholar Carter G Wilson in 1926, seeks to rightfully center the
role of Black Americans in our national narrative; and
WHEREAS, this year's theme, 'Black Resistance' shines a light on the countless ways that Black Americans have
resisted historic and ongoing racial discrimination and mistreatment throughout hundreds of years; and
WHEREAS, Black Americans have consistently pushed the United States to live up to its ideal of freedom,
liberty, and justice for all; and
WHEREAS, the Black community established cultural centers, medical clinics, labor unions, media outlets,
financial and educational institutions to resist inequality and to advocate for themselves; and
WHEREAS, Black Colleges and Universities emerged not only as spaces for the development of activists, artists,
business owners, educators and other professionals but were also at the forefront of the Civil Rights
Movement, Black Power and social justice movements; and
WHEREAS, Black faith institutions have served as spaces where Black communities met to organize resistance
efforts and support the fight for civil, social, and human rights; and
WHEREAS, African American spirituals, gospel, folk music, hip -hop and rap have been used to express
struggle, hope and solidarity in the face of racial oppressions; and
WHEREAS, Black Athletes have used sports as a platform to advocate for social justice and political agendas,
resisting immense pressure against speaking out about political, cultural, or social issues; and
WHEREAS, by resisting, Black people have helped this country embody its democratic values, achieved
triumphs, successes, and progress as seen in increased political representation at all levels of government,
desegregation of educational institutions, the passage of the Civil Rights Act of 1964, the Voting Rights Act of
1965; and
WHEREAS, Black resistance strategies have served as a model for social movements in our country and the
legacy and importance of these actions cannot be understated; and
WHEREAS, despite these accomplishments, systemic racism persists in the United States, generating
continued Black Resistance that calls for lasting institutional and societal change; and
WHEREAS, we encourage all people to recognize and confront these issues at every opportunity and to bridge
barriers with fearlessness and determination to fight against racism and bigotry; and
WHEREAS, this month we celebrate and affirm those who have sacrificed, yet also accomplished much, in the
struggle for justice and equality through Black Resistance.
NOW, THEREFORE, I, Tanya Graham, on behalf of the City of Ashland, do hereby proclaim the month of February
2023 as Black History Month and call upon the people of Ashland to observe this month with appropriate
reflection and learning and to continue our efforts to create a more just and equitable community. In Ashland
we are Better Together.
Dated this 21" day of February 2023
� AJI,
Tonya Gr6ham, Mayor
A_,�) r_�)
Melissa Huhtala, City Recorder