HomeMy WebLinkAbout2008-0506 Council Mtg PACKET
CITY OF
ASHLAND
ortant: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit
ents to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed.
public hearings, there is no absolute right to orally address the Council on an agenda item. Time permitting, the
fficer may allow oral testimony; however, lie meetings law arantees only public attendance, not public
you wish to speak, p e fill 0 aker Request fo located near the entrance to the Council Chambers.
e you an unt of t' to you, if any. The time granted will be dependent to
nature ofthe ite e number who wish to be heard, and the length ofthe agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
May 6, 2008
Council Chambers
1175 E. Main Street
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
[5 minutes}
1. Study Session of April 14, 2008
2. Regular Council of April 15, 2008
VI. SPECIAL PRESENTATIONS & AWARDS
1 . Does the Council wish to accept the recommendation of the Citizen Library Advisory Ad Hoc
Committee (CLAC) to place a measure on the November 2008 ballot to levy 25 cents per
$1000 assessed property value to provide for enhanced library services through 2013? [15
Minutes]
2. Does the Council wish to adopt a resolution opposing the Bureau of Land Management's
(BLM's) preferred alternative for the Western Oregon Plan Revisions (WOPR)? [10 Minutes]
3. Mayor's Proclamation of May 11-17 as National Historic Preservation Week
VII. CONSENT AGENDA [5 minutes}
1. Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Does the Council wish to approve a Liquor License Application from Bob Robertson dba
Miguel's of Ashland?
3. Does the Council wish to renew the EMS Account Services Intergovernmental Agreement
with the City of Springfield, Oregon, for ambulance service billing services?
4. Does the wish to renew the Jackson County Supervising Physician Intergovernmental
Agreement for clerical support of the Supervising Physician Program?
5. Does the Council wish to approve the Ambulance Operator's License renewal for Ashland
Fire & Rescue?
6. Will Council approve a contract with HBH Consulting Engineers to conduct a traffic impact
analysis for the possible future closure of Glenn Street?
7. Will Council, acting as the Local Contract Review Board, accept a bid from D. Britton
Enterprises and award a contract in the amount of $118,156.16 for construction of the East
Main Rail Crossing Improvement Project No. 2005-15A?
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8. Will Council approve a contract between the City and Carollo Engineers P.C. for Final Design
and Engineering Services - Talent Ashland Phoenix (TAP) Intertie Waterline Extension and
Pump Station in the amount of $699,229?
9. Will the Council, acting as the Local Contract Review Board, consent to enter in three
individual public contracts with Rhodia, Brenntag, and Univar for chemicals used at the Water
Treatment Plant?
10. Will the Council, acting as the Local Contract Review Board, consent to enter into three
individual public contracts with Brenntag, Cascade Columbia, and Univar for chemicals used
at the Waste Water Treatment Plant?
11. Should the Council approve the appointments and reappointments as recommended by the
Board of Directors for the Ashland Community Hospital?
VIII. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker, unless it is the subject of a
Land Use Appeal. All hearings must conclude by 9:00 p.m., be continued to a subsequent
meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC ~2.04.040})
None.
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for
Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending on the number
of individuals wishing to speak.) [15 minutes maximum}
X. UNFINISHED BUSINESS
None.
XI. NEW AND MISCELLANEOUS BUSINESS
None.
XII. ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Should the City Council conduct and approve Second Reading of an Ordinance titled, "An
Ordinance relating to public parks, repealing Code Sections 10.68.050, 10.68.070 and
10.68.160"? [5 Minutes]
2. Should the City Council conduct and approve Second Reading of an Ordinance titled, "An
Ordinance relating to Solicitation, requiring no trespass signs, limiting solicitation hours, and
repealing Code Chapter 6.24 concerning peddlers"? [5 Minutes]
3. Should the City Council conduct and approve Second Reading of an Ordinance titled, "An
Ordinance Amending the Ashland Municipal Code, Chapter 1 0.115, Tenants Rights,
Amending Section 1 0.115.080, relating to fines"? [5 Minutes]
4. Should the City Council conduct and approve Second Reading of an Ordinance titled, "An
Ordinance amending the Ashland Municipal Code, Chapter 9.24, Removal and Disposal of
Non-Certified Woodstoves and Fireplace Inserts, amending Section 9.24.055, relating to
fines"? [5 Minutes]
5. Should the City Council conduct and approve Second Reading of an Ordinance titled, "An
Ordinance amending the Ashland Municipal Code, Section 10.100.010, Social Gambling and
Social Games"? [5 Minutes]
6. Should the City Council conduct and approve Second Reading of an Ordinance titled, "An
Ordinance amending the Ashland Municipal Code, Section 2.28.270, City Attorney Duties"?
[5 Minutes]
XIII. OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS
XIV. ADJOURNMENT
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 I).
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CITY COUNCIL STUDY SESSION
APRIL 14,2008
PAGE I of4
MINUTES FOR THE CITY COUNCIL STUDY SESSION
Monday, April 14, 2008 at 6:00 p.m.
Siskiyou Room, Community Development Building
51 Winburn Way
CALL TO ORDER
Council Chair Chapman called the meeting to order at 6:00 p.rn. in the Siskiyou Room, 51 Winburn Way.
ATTENDANCE
Councilors Hardesty, Navickas, Hartzell, Jackson, Chapman and Silbiger were present. Mayor Morrison
was absent.
1. Look Ahead Review
City Administrator Martha Bennett reviewed the items on the Council Look Ahead and stated the second
Council Meeting in August would likely be cancelled.
Ms. Bennett also provided a brief update on the creation of the Transportation Commission. She stated
this Commission would be a merger of the Traffic Safety and the Bicycle & Pedestrian Commissions and
noted the Council would need to adopt an ordinance to move this forward. She clarified members would
be selected after the ordinance was approved. Ms. Bennett recommended Council forward any questions
or concerns they have to staff.
2. Review of Regular Meeting Agenda of April 15, 2008.
PERF Report
Police Chief Terry Holderness commented briefly on the purpose of the Career Development Plan.
Transient Occupancy Tax
Ms. Bennett submitted revised information for tomorrow night's discussion.
Council indicated several questions they would like answered by the Chamber of Commerce, including:
· Clarification of winter activities and marketing.
· Examples/ideas for new festivals and events. Would the Chamber organize these or assist others?
· What is causing the Chamber's printing costs to double?
· Clarification about Chamber's staff and salaries.
· What is the Chamber's existing marketing budget (non-City funding) and how do they use it?
· What is the Chamber's strategy for bringing businesses to Ashland?
· How has the Chamber helped to market the programs of small grantees?
Ms. Bennett clarified the Chamber of Commerce has been invited to tomorrow nights discussion and
would be available to answer Council's questions at that time.
Solicitation Ordinance
Councilor Hartzell indicated she would have some questions forthcoming on this issue. City Attorney
Richard Appicello noted the current language in AMC 6.24 contains restrictions about posting signs and
encouraged the Council to compare the current restrictions to what is being proposed.
CITY COUNCIL STUDY SESSION
APRIL 14,2008
PAGE 2 of4
3. How does the Council envision implementing the council goal, "Increase the effectiveness of the
City's conservation program and identify targets in energy and resource consumption?
Electric Director Dick Wanderscheid introduced Conservation staff Larry Giardina, Robbin Pearce and
Cathy Cartmill. He provided a brief presentation on Energy Efficiency, Renewables and Sustainability,
which covered: 1) Ashland's consumption history and milestones, 2) Money spent by Ashland and
Bonneville Power Administration on conservation, 3) Staffing, 4) the City's average electric conservation
costs, 5) Initiatives and Renewable Resource Programs, including Solar Pioneer, Green Tags, and Power
Shift, 6) the City's conservation offerings, 7) Accomplishments, and 8) Emerging Issues.
Mr. Wanderscheid noted the Council's goal to increase effectiveness for the City's Conservation
Programs and requested Council provide clarification. He noted the three key questions posed by staff
are:
1) Does the Council want to increase conservation achieved by spending more money in staffing and
programs?
2) Does the Council want to increase conservation achieved with the same amount of staff and
program costs?
3) Does the Council want to increase or hold constant the amount of conservation achieved but do it
with less costs programs?
Council offered their suggestions and comments.
Councilor Jackson asked what percentage of homes partICIpate in the conservation programs and
questioned if the City could require new construction to comply with Earth Advantage. She commented
on increasing local generation and suggested they look into carbon balance.
Councilor Navickas commented that conservation should be a high priority, but noted the Budget
Committee may not approve the proposed "add package". He suggested they focus on less expensive
alternatives such as education and outreach, and possibly work with the City's Public Arts Commission
on propaganda posters.
Councilor Silbiger noted he recently purchased a new refrigerator and shared his experience with the
City's reimbursement program. He stated that refrigerators are high energy use items and voiced support
for the City to continue to go after these types of customers. Regarding water use, he stated that outdoor
water use is the problem and they need to find ways to deal with this. He also suggested they consider
changing the Conservation Commission to a Sustain ability Commission.
Councilor Hartzell voiced support for ensuring sustained funding viability of the conservation programs.
She commented on getting out in front of the next wave and selling the next new kind of energy. She
voiced interest in developing strategies for the use of the Imperitrus Property, such as using it to create
carbon credits. She also voiced interest in the catchment of graywater and using it for irrigation purposes.
Councilor Jackson left the meeting at 7:15 p.m.
Mr. Wanderscheid commented that Bonneville Power Administration would be coming before Council
sometime this summer, and noted a new contract needs to be signed by December. He also noted the new
tiered rates from BPA would be the next "big wave". He commented briefly on the Power Shift program
and clarified new meters would be required for all users in this program. He also commented on the
hydro-system used in the Northwest.
Mr. Wanderscheid noted the "add package" that will be presented with the budget. He stated the
Conservation staff is extremely effective, but if the Council wants them to do more, it will require an
CiTY COUNCIL STUDY SESSION
APRIL 14,2008
PAGE 30/4
additional staff person.
The Conservation Department staff addressed the Council and offered their opinions and suggestions.
Larry Giardina noted that BPA designs programs and stated the City's needs to communicate to them the
types of programs that would be beneficial to Ashland. He added that if staff knows what types of
programs Council is interested in, they can lobby BP A on their behalf.
Mr. Wanderscheid clarified the City has tried to work with the gas company, but Avista is not interested
in participating in conservation programs. He commented on the concept of increasing block rates and
noted staff is proposing a water rate study be completed in the upcoming years. He also provided a brief
update of the marketing efforts for the Solar Pioneer project. Mr. Wanderscheid explained that he had met
with the Southern Oregon University Sustainability Committee and stated SOU wants to become a
sustainable school and use this to attract students. He noted that he and BP A would be working with the
school on this endeavor.
Mr. Giardina shared his desire for the public to be better informed of the limitations and the costs
involved. He stated that individuals typically have to invest quite a bit and the benefits are not always
economIC.
Robbin Pearce commented on the graywater catchment issue and her involvement with the Neighborhood
Garden Project.
Cathy Cartmill agreed with the benefit of community education and noted her involvement in working
with individuals to conserve energy inside their homes.
Ms. Bennett summarized the discussion. She stated that Council voiced several new projects, however the
Conservation Department would not be able to add to their current workload without either adding new
staff or deleting other projects. Mr. Wanderscheid indicated he would include in his presentation to the
Budget Committee what programs they would work on if the add package is approved. He added staff
would come back with a revised work plan if the add package is not approved. Mr. Wanderscheid
clarified he would not have recommended additional staff if it weren't for this Council goal.
4. Does Council conceptually agree with the recommended process and proposed governance
structure and does this capture the Council's expectations about how the Community
Visioning/Community Based Strategic Plan process council work? Would the proposed process
achieve the objectives of Council's "Community Visioning" goal? Would the proposed process
also help achieve the Council's Economic Development Goal?
City Administrator Martha Bennett reviewed the staff recommendations outlined in the Council
Communication, including the recommendation to call this a Strategic Based Community Plan, rather
than "visioning".
Ms. Bennett explained the following steps outlined on the flowchart:
1) Perform a survey of community values and conduct a series of community meetings. Ms. Bennett
stated this would be a massive outreach effort to find out what the citizens really care about and
where they want to go as a community. She stated that staff believes the City's "vision" would
come from this effort.
2) Identify 25-40 initial goals.
3) Conduct a public involvement process to talk about priorities; Identify 4-8 strategic goals.
4) Form committees and ask each agency to adopt their portion ofthe action plan.
5) Conduct regular monitoring, reporting and adjustment processes.
CITY COUNCIL STUDY SESSION
APRIL 14, l008
PAGE 4 of4
Ms. Bennett commented on the time line and stated 16 months IS the fastest they could have this
completed, however staff feels 22-24 months is more realistic.
Council offered their feedback on the proposed process.
Councilor Navickas voiced support for the process and time line proposed by staff. Councilor Silbiger
expressed concern with combining the economic goal into this process and noted his desire to act on the
economic issues sooner. He stated that the economic plan is about what is realistic and the strategic plan
seems to be more focused on what they want. Ms. Bennett noted that the data gathering needs to be
completed regardless, and staff does not want to do this work twice. Councilor Hartzell commented that if
they rush this forward too quickly, they will not end up with a very good plan.
Management Analyst Ann Seltzer stated the economic development goal would likely be identified very
early in the process and this element could be crafted earlier than some of the other goals. Councilor
Hardesty expressed interest in making sure the individual who is hired to work on this understands that
economic development is a primary concern. Councilor Hartzell voiced her support for creating a
Community Based Strategic Plan, but voiced her desire for a more open process.
Ms. Bennett commented on the proposed Steering Committee. She stated the committee would need to be
quite large (25-30 participants) so that various interests are represented and so no one organization
dominates. Ms. Bennett added that they would be for looking participants that can advocate for this plan
and carry it forward. She also clarified the Council would be responsible for selecting the members of
this committee.
ADJOURNMENT
Meeting adjourned at 8:45 p.m.
Respectfully submitted,
April Lucas, Assistant to City Recorder
ASHLAND CiTY COUNCiL MEETiNG
APRiL /5. 2008
PAGE /oj7
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
April 15, 2008
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Morrison called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilors Hardesty, Navickas, Hartzell, Jackson, Silbiger and Chapman were present.
MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
Mayor Morrison announced vacancies on the Airport, Forest Lands, Housing, and Tree Commissions.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session of March 31, 2008 and Regular Council Meeting of April 1, 2008 were
approved as presented.
SPECIAL PRESENTATIONS & AWARDS
The annual Ragland Award was presented to Amy Amrheim for her work on the Ashland School Board, the
Coalition for School Funding Now, the Ashland Schools Coalition, and the Soroptimist International of
Ashland.
CONSENT AGENDA
1. Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Does the Council wish to approve a Liquor License Application from Michael Rozenfeld dba Fresh
Feast, LLC?
3. Does the Council want to approve a resolution authorizing Clean Renewable Energy Bonds to pay
for a photovoltaic project?
4. Should Council approve a resolution to adjust budget appropriations for changes in operational
expenses to remain in compliance with Oregon Budget Law?
5. Does the Council wish to confirm the Mayor's appointments for the various Commissions/ Boards
whose terms end April 30, 2008 as established by Resolution No. 89-24?
It was noted that a correction had been made to the Budget Appropriations Resolution submitted for approval.
Councilor Hartzell/Chapman mls to approve Consent Agenda. Voice Vote: all AYES. Motion passed
6-0.
PUBLIC FORUM
Ambuja Rosen/Criticized several council members for not supporting a tethering restriction ordinance,
despite the thousands of signatures received from citizens.
Eve Woods/920 W. 11th Street, Medford/Thanked the Council for her appointment as the SOU Student
Liaison to the Bicycle & Pedestrian Commission.
ASHLAND CiTY COUNCIL A1EETfNG
APRIL 15. 2008
PAGE 2 of7
UNFINISHED BUSINESS
1. Does the attached spreadsheet illustrating the allocation of funds generated from an increase to the
Transient Occupancy Tax clarify the concerns voiced during the March 3 study session? Are there
additional needs other than the list identified by council for the use of the increase? Does the
Council wish to schedule a public hearing to consider an increase in the Transient Occupancy Tax?
City Administrator Martha Bennett presented a brief overview of staff's recommendations, should the Council
decide to increase the Transient Occupancy Tax:
1) Use the "non-tourism" dollars to acheive the Council's Economic Development Strategy goal and
Community Based Strategic Planning goal, which are high priority, but currently unfunded.
2) Reduce the Chamber of Commerce's grant for Economic Development work from $175,000 to
$80,000.
3) Increase the total amount granted to the Visitors and Convention Bureau (VCB) from $88,000 to
$300,000.
4) Increase the amount available for the small grants that are tourism based by $50,000.
5) Reserve the remainder of the funds for tourism related capital projects, which might include public
art, streetscape improvements, and renovation of the Plaza.
Ms. Bennett clarified the specific allocations do not need to be resolved prior to the public hearing, but staff
felt it would be beneficial for the public to have an idea of what the increase would be used for.
Administrative Services Director Lee Tuneberg indicated that raising the tax by 1 % would generate $218,000
more dollars, and a 2% increase would generate $436,000. He clarified 70% of any additional revenue is
required to go towards tourism, and 30% could be used for other purposes.
Councilor Chapman submitted a revised distribution chart to the Council and provided a brief explanation of
his suggestions.
Ashland Chamber of Commerce Executive Director Sandra Slattery and Chamber President Katy Bazylewicz
addressed the Council and noted the other Chamber members in attendance. Ms. Slattery commented on the
Chamber's desire to increase winter business and noted their proposal focuses on this issue. She commented on
some of the Chamber's current winter activites, such as the "Winter of Romance", and provided examples of
other activities that could be created.
Ms. Slattery commented on how events are monitored and tracked, and clarified that putting on these events
takes significant staff time. She noted the HDTV item and indicated a dedicated server would be located at
Project A; and stated they would like to purchase their own editing software if additional funding became
available.
Ms. Slattery commented on the potential of winter activities, and cited the Food & Wine Festival and the
Chocolate Festival as examples of successful winter events. She stated during these months the Chamber
would conduct different types of marketing that would target the regional market.
Ms. Slattery clarified the printing costs listed in their proposal. She stated this is due to the higher volume of
brochures that would need to be printed and noted there is a payment associated with having these materials
placed at key visitor locations. Ms. Slattery also provided a brief explanation of emaillintemet marketing
activities.
Ms. Slattery commented on the wealth of talent in this community and their desire to bring the local talent
together with the Chamber's marketing experience.
ASHLAND CITY COUNCIL MEETING
APRIL /5, 2008
PAGE 3 of7
Ms, Slattery provided her personal assessment of the proposed increase to the Transient Occupancy Tax and
stated she would not increase the TOT unless they were going to significantly increase the amount of money
that goes to tourism through the Visitors Convention Bureau. She acknowledged that $300,000 sounds like a
lot of money, but noted Medford spends twice as much, and Klamath Falls and Grants Pass spend $500,000 a
year. She stated this is a very competitive market and Ashland is far behind.
Chuck Young/1313 Clay Street/Stated he is speaking on behalf of the Ashland Bed & Breakfast Network.
Mr. Young stated he is concerned with the proposed increase, and is unconvinced that there is a well thought
out plan on how this money would be spent. He voiced support for increasing tourism in the spring and fall,
bust stated it would be difficult to convince travelers to come to Ashland in the winter. Mr. Young voiced
support for an adjustment of the current TOT allocation that goes to toursim, rather than adding new taxes, and
is worried about the perception of Ashland being "too expensive", He recommended that if the tax is
increased, that the effective date be postponed until the end of the season due to the issues with advanced
bookings,
Mayor Morrison questioned if the Counci wishes to schedule a public hearing; and how much, if any, the
increase would be.
Councilor Navickas/Hartzell m/s to shift allocation for Chamber VCB grant to $225,000, Economic &
Cultural Development Grants to $109,000, and qualified City projects for tourism to $68,000.
DISCUSSION: Councilor Navickas clarified the motion presumes a 2% increase. Councilors Hardesty and
Jackson voiced their support for the motion. Councilor Silbiger shared his concern that they are not being
specific enough about what the money would be used for. Councilor Hartzell suggested a small amount of the
increase be allocated to the City's General Fund for the Housing Trust Fund. Councilor Chapman voiced his
opposition to the motion and stated it does not resolve what he thinks needs to be resolved. Roll Call Vote:
Councilors Hartzell, Navickas, Jackson and Hardesty, YES. Councilors Chapman and Silbiger, NO.
Motion passed 4-2.
Councilor Hartzell/Navickas m/s that 5% of the additional General Fund revenue be dedicated to the
Housing Trust Fund. DISCUSSION: City Administrator Martha Bennett clarified once the Chamber's
grant is reduced, and the increase amount dedicated to the YCB, the balance available is $225,000. She stated
the add package to complete the Economic Development and Strategic Planning goals is approximately
$200,000. She added the second year of the proposal requires more funding than and staff would have to
figure out how to make this up. Councilor Hardesty stated that people who cater to tourists need a place to live
and stated it was easy to justify spending this small amount on the Housing Trust Fund. Councilor Silbiger
voiced concern with including these types of projects without first looking at the whole picture. Councilor
Hartzell indicated her beliefthat this is directly related to economic development and stated it was appropriate
to bring this up at this phase in the process. Councilor Silbiger commented on the need for a much more
specific placement of the dollars. Councilor Jackson voiced support for the proposed distribution and stated
she would not vote in support of the motion. Mayor Morrison questioned if this was the appropriate time to
discuss a 5% allocation to the Housing Trust Fund and noted they would have the opportunity to resolve these
issues at the public hearing.
Councilor Chapman/Jackson m/s to call for the question. Roll Call Vote: Councilors Chapman,
Silbiger, Hartzell, Hardesty and Jackson, YES. Councilor Navickas, NO. Motion passed 5-1.
Roll Call Vote on Motion: Councilors Navickas and Hartzell, YES. Councilors Chapman, Silbiger,
Hardesty and Jackson, NO. Motion failed 4-2.
Mayor Morrison requested the Council motion to support either a 1 % or a 2% increase.
ASHLAND CITY COUNCIL 1l1EETlNG
APRIL /5. 2008
PAGE 4017
Councilor Jackson/Navickas mls to schedule a public hearing to take public input on raising the
Transient Occupancy Tax by 2%. Roll Call Vote: Councilors Silbiger, Hardesty, Jackson and
Navickas, YES. Councilors Hartzell and Chapman, NO. Motion passed 4-2.
Staff indicated the public hearing would be scheduled for June 3, 2008.
2. Which of the public art funding options does the Council wish to explore?
Public Art Commissioners Jennifer Longshore, Dana Bussell, David Wilkerson and Melissa Markell
addressed the Council. Mr. Wilkerson stated both staff and the Public Arts Commission support Option # 1,
which outlines the following three components to generate funding for public art: 1) 1/10 of 1 % Public Art
Commercial Development Fee, 2) Yz of 1 % of Capital Improvement Projects over $25,000, and 3) 5% of
tourism dollars generated from a potential increase to the TOT. Mr. Wilkerson stated this option would have
the least impact on the City's limited resources and spreads the responsibility for funding public art between
residents and visitors.
Mr. Wilkerson clarified their numbers were based on a 1 % increase to the Transient Occupancy Tax and the
Council might want to consider adjusting this, since they are now looking at a 2% increase. He acknowledged
that there are many groups that will be vying for these funds.
Councilor Hardesty voiced support for keeping the allocation at 5%. She stated the commission's proposal is
very modest and noted the first two components are not entirely stable. She noted she is the council liaison to
the commission and stated they put forward many good ideas that would qualify for tourism dollars.
Mr. Wilkerson clarified Ashland School District is being permitted as commercial development projects.
Councilor Jackson/Hardesty mls to support Option #1, which is: 1/10 of 1 % of commercial development
fee, 1/2 of 1 % of Capital Improvement Projects over $25,000, and 5% of the tourism TOT increase.
DISCUSSION: Councilor Hartzell requested they look at the impact this will have on the City's CIP budget.
City Administrator Martha Bennett commented on upcoming City projects this fee might apply to, and stated
next year there is one Park's project. Councilor Hardesty voiced her support for the motion. She stated Yz of 1 %
is not a large amount and stated she is unaware of any community that supports public art at such a low level.
Councilor Silbiger commented that they may need to adjust this allocation at some point, but voiced support
for moving this forward at this time. Councilor Chapman voiced support for allocating TOT funds for public
art, but recommended they not specify a percentage at this time. Councilors Silbiger, Hardesty, Navickas
and Jackson, YES. Councilors Hartzell and Chapman, NO. Motion passed 4-2.
3. Does the Council have questions about the report on the implementation of Community Policing
based on the recommendations made by the Police Executive Research Forum following an audit
ofthe department in 2006 with the modifications and timeline recommended by the Chief of Police?
Police Chief Terry Holderness offered a brief presentation on Community Oriented Policing and PERF
update. Mr. Holderness's presentation addressed internal changes to hiring, training, evaluating, career
development paths, promoting, statistical information, and reorganization. External changes were listed as: 1)
the new contact station downtown, and 2) the area command program.
Mr. Holderness commented on improved communication between the citizens and the Police Department, and
stated they would like community involvement in both identifying and solving neighborhood problems. He
provided further detail of the area command program and clarified this program began in January. Mr.
Holderness also noted Lexipol, the Citizens Academy, the School Resource Officer program, training on how
to deal with the mentally ill, and CrimeReports.com.
ASHLAND CITY COUNCIL lvlEETlNG
APRIL J 5. 2008
PAGE 5 of7
Ralph Temple/ISO Myer Creek Road/Noted on how fortunate our community is to have Chief Holderness.
Mr. Temple commented on the staff report, which states that area commanders would use the community
meetings to identify community members that are interested in being involved with creating the department's
mission statement and goals. He recommended this be modified and suggested these individuals be
represented, but not be the only community representatives. He recommended the Chief of Police be
responsible for appointing the members of the task force, and also suggested the Chief not be required to
attend all council meetings.
Mr. Holderness provided a brief explanation of the Citizen Academy. He stated citizens are given the
opportunity to look at what is going on in the Police Department and learn about how calls are prioritized,
laws, and the criminal justice system.
Mr. Holderness commented on Mr. Temple's suggestion regarding the make-up of the committee. He stated
the committee needs members who feel strong enough about what is going on in their community to attend the
neighborhood meetings, and he does not feel this is an unreasonable prerequisite. He stated if a large amount
of citizens express interest in being on the committee, he suggests allowing the citizens to come up with a
mechanism where they select their own representative. Mr. Holderness noted the need for balance on the
committee. He commented on the outreach that is being done and stated he is hoping to get a good cross-
section of the community.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Should the City Council conduct and approve First Reading of an Ordinance titled, "An
Ordinance relating to public parks, repealing Code Sections 10.68.050, 10.68.070 and 10.68.160"
and move the ordinance on to Second Reading on May 6, 2008?
City Attorney Richard Appicello stated this is the first reading and read the title of the ordinance aloud.
Councilor Hartzell/Jackson mls to approve first reading and set second reading for May 6, 2008.
DISCUSSION: Councilor Navickas indicated he does not feel comfortable passing this without an official
statement of opinion from the Parks Commission. Roll Call Vote: Councilors Chapman, Hardesty,
Jackson, Hartzell, and Silbiger, YES. Councilor Navickas, NO. Motion passed 5-1.
2. Should the City Council conduct and approve First Reading of an Ordinance titled, "An Ordinance
Amending the Ashland Municipal Code, Chapter 10.115, Tenants Rights, Amending Section
10.115.080, relating to fines" and move the ordinance on to Second Reading on May 6, 2008?
City Attorney Richard Appicello stated this is the first reading and read the title of the ordinance aloud. He
clarified the City's Charter includes a provision that limits the fine to $500; therefore, this amendment is
necessary to make the ordinance conform.
Councilor Jackson/Hardesty mls to approve first reading and set second reading for May 6, 2008.
DISCUSSION: Mr. Appicello clarified the proposed ordinance sets the fine at an automatic $500 flat fee. He
added the previous language had the fine set at a minimum of$1 ,000. Roll Call Vote: Councilors Chapman,
Hardesty, Hartzell, Silbiger, Navickas and Jackson, YES. Motion passed 6-0.
3. Should the City Council conduct and approve First Reading of an Ordinance titled, "An Ordinance
amending the Ashland Municipal Code, Chapter 9.24, Removal and Disposal of Non-Certified
Wood stoves and Fireplace Inserts, amending Section 9.24.055, relating to fines" and move the
ordinance on to Second Reading on May 6, 2008?
City Attorney Richard Appicello stated this is the first reading and read the title of the ordinance aloud. He
clarified the minimum fine had been set at $250 and a maximum at $1,000, and the proposed amendment sets
the maximum at $500. He noted that he had received a suggestion from Councilor Silbiger to set the fine at a
ASHL41"/D CITY COUNCiL MEETiNG
APRiL 15. 2008
PAGE 6of7
flat $500; however, this is Council's discretion.
Councilor Silbiger/Chapman m/s to approve first reading and move the ordinance to second reading
with the change of striking "a minimum of $250 and a maximum of $500" so it reads "the fine for
violation of any provision of this Section shall be $500.00, excluding any required state and local
assessments." DISCUSSION: Mr. Appicello noted this modification would affect Section 2 and an
equivalent change would need to be made to that language as well. Roll Call Vote: Councilors Jackson,
Hartzell, Chapman, Navickas, Silbiger and Hardesty. Motion passed 6-0.
4. Should the City Council conduct and approve First Reading of an Ordinance titled, "An
Ordinance amending the Ashland Municipal Code, Section 10.100.010, Social Gambling and Social
Games" and move the ordinance on to Second Reading on May 6, 2008?
City Attorney Richard Appicello stated this is the first reading the read the title of the ordinance aloud. He
clarified the proposed language updates the ORS reference in the code.
Councilor Jackson/Silbiger m/s to approve first reading and move to second reading. Roll Call Vote:
Councilors Hardesty, Chapman, Hartzell, Navickas, Jackson and Silbiger, YES. Motion passed 6-0.
5. Should the City Council conduct and approve First Reading of an Ordinance titled, "An
Ordinance amending the Ashland Municipal Code, Section 2.28.270, City Attorney Duties" and
move the ordinance on to Second Reading on May 6, 2008?
City Attorney Richard Appicello stated this is the first reading and read the title of the ordinance aloud. He
stated the ordinance is currently inconsistent with ORS and this amendment would bring it into compliance.
Councilor Jackson/Silbiger m/s to approve first reading and move to second reading. Roll Call Vote:
Councilors Silbiger, Chapman, Hardesty, Hartzell, Jackson and Navickas, YES. Motion passed 6-0.
6. Should the City Council conduct and approve First Reading of an Ordinance titled, "An
Ordinance relating to Solicitation, requiring no trespass signs, limiting solicitation hours, and
repealing Code Chapter 6.24 concerning peddlers" and move the ordinance on to Second Reading
on May 6, 2008?
City Attorney Richard Appicello stated this is first reading and read the title of the ordinance aloud. He
clarified this ordinance is being put forward to address Supreme Court cases having to deal with door to door
solicitation, and stated staff feels the proposed ordinance strikes the appropriate balance between
First Amendment and Fourth Amendment rights.
Ralph Temple/ISO Myer Creek Road/Stated he is representing the ACLU, but at this time, he has not
received an official position on this issue. He indicated he would try to obtain ACLU's position before the
second reading of the ordinance. Mr. Temple also commented that the earlier criticism of Ambuja Rosen
during Public Forum was unwarranted and unfair.
Councilor Hartzell/Jackson m/s to approve first reading and move to second reading. DISCUSSION:
Councilor Navickas commented on the Bill of Rights and protecting democratic principles. He voiced his
opposition to the ordinance and stated it was an attack on an individual's constitutional rights.
Councilor Chapman/Silbiger m/s to amend by substituting "9 a.m." for "8 a.m." in Section 6.24.010.
Roll Call Vote: Councilors Chapman, Jackson and Silbiger, YES. Councilors Navickas, Hardesty, and
Hartzell, NO. Mayor Morrison, YES. Motion passed 4-3.
ASHLAi\/D OTY COUNOL MEETING
APRIL i 5. 2008
PAGE 7of7
Roll Call Vote on Motion as Amended: Councilors Chapman, Hardesty, Jackson and Silbiger, YES.
Councilors Navickas and Hartzell, NO. Motion passed 4-2.
ADJOURNMENT
Meeting adjourned at 10:30 p.m.
Barbara Christensen, City Recorder
John W. Morrison, Mayor
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Requested Resolution opposing Preferred Alternative for Bureau of Land
Management Western Oregon Plan Revisions
May 6,2008 Primary Staff Contact: Martha J. Bennett
Administration E-Mail: bennettm@ashland.or.us
None Secondary Contact: None
Martha J. Ben Estimated Time: 10 minutes
Question:
Does the Council wish to adopt a resolution opposing the Bureau of Land Management's (BLM's)
preferred alternative for the Western Oregon Plan Revisions (WOPR)?
Staff Recommendation:
Staff recommends Council provide direction after hearing the presentation from KSWild.
Background:
KS Wild has requested that the City Council adopt a resolution opposing the preferred alternative for
the BLM's WOPR. The City of Eugene adopted a similar resolution earlier this year. Although the
comment period has officially closed, concerns continue to be expressed about these proposed
changes.
As discussed in the letter from KS Wild, the reason for Ashland to oppose the preferred alternative is
because of the impacts to the quality of outdoor recreation and because the option will increase fire
danger in Southern Oregon. The WOPR would not apply in the Ashland watershed, but would apply to
the areas the BLM manages both west and east of Ashland.
Staff is attaching several documents that relate to this federal action, including comments forwarded by
Jackson County.
Related City Policies:
Council Options:
Council can
· Approve the resolution as drafted. Staff requests further direction about the distribution of the
resolution.
· Revise the resolution and then approve it or direct staff to make additional revisions and return
at a later date
· Table the resolution
Potential Motions:
I move to:
· Approve the first reading ofthe attached resolution
· Schedule the attached resolution for first reading at a later date
Page I of2
050608 Resolution re WOPR.CC.doc
r~'
CITY OF
ASHLAND
· Direct staff to make the following revisions
reading at a later date.
· Decline to adopt the resolution
and return the resolution to Council for
Attachments:
Resolution opposing preferred alternative for WOPR
Letter requesting action from Lesley Adams ofKS Wild
Press Statement from April 1, 2008 from Congressman Peter DeFazio
March 28, 2008 article titled "Government scientist critical of BLM logging increase in Oregon
April 1, 2008 Commentary from Eugene Register Guard titled "Another WOPR" setback
Comments from Jackson County
Summary of March 3, 2008 Science Team Review
Page 2 of2
050608 Resolution rc WOPR.CC.doc
r~'
RESOLUTION NO.
A RESOLUTION OPPOSING THE BUREAU OF LAND MANAGEMENT'S
PROPOSED WESTERN OREGON PLAN REVISION
RECITALS:
1) The 2.5 million acres of federal forests administered mainly by the Bureau of Land
Management (BLM) in western Oregon are currently managed under the 1994
Northwest Forest Plan. These forests provide recreational opportunities, generate
employment in the wood products industry, safeguard drinking water sources for
Ashland and other communities, offer habitat for a myriad of species, provide
carbon storage for a livable climate, and allow for a quality of life that attracts new
businesses and skilled workers.
2) The City Council believes that the federal forests in western Oregon should be
managed for the greatest good for the greatest number of people over the longest
time.
3) For decades before the Northwest Forest Plan, the BLM had clear-cut older forests
and built extensive logging road systems in these public lands of western Oregon,
degrading recreational opportunities, water quality and fish and wildlife habitat.
4) For more than a decade, county revenue has been decoupled from timber sale
receipts and instead Congress has appropriated payments.
5) It is in the public interest to protect remaining older forests and restore degraded
lands to enhance water quality, restore habitat, store carbon, and generate new
economic opportunities.
6) Two-and-one-half million acres of BLM forestlands are currently the subject of a
proposed management revision based on an out-of-court settlement agreement
between the timber industry and the Bush administration called the Western
Oregon Plan Revision (WOPR).
7) The WOPR's preferred alternative (Alternative 2) would divorce BLM from the
conservation strategy of the Northwest Forest Plan, reduce protection for wildlife
and streamline reserves, increase old-growth clear-cutting by 700%, and build
1,000 miles of new logging road over the plan's first 10 years.
8) This proposal is not in the interests of Ashland residents, and in order to preserve
and enhance their quality of life, the City Council desires to take steps necessary to
protect remaining older forests on public lands in western Oregon.
Page 1 of2
THE CITY OF ASHLAND RESOLVES AS FOLLOWS
SECTION 1. The City Council requests that the BLM reject the action alternatives
proposed in the WOPR and work within the Northwest Forest Plan to protect mature
and old-growth forests on federal lands in western Oregon. As used in this resolution
"old growth forests" are defined as forest stands at least 180 years old. "Mature forests
are those stands between 80-180 years of age (as per the Northwest Forest Plan)."
SECTION 2. The Council urges Congress to pass legislation that: ~~~
a) Provides stable county payments based on ecosystem services such as clean
water and air, recreational opportunities, carbon storage, and habitat
conservation; and
b) Protects mature and old-growth forests on federal lands in Oregon, including
BLM lands; and
c) Advances restoration-driven forestry projects on degraded landscapes in
Oregon.
SECTION 3. This resolution shall take effect upon signing by the Mayor.
This Resolution duly PASSED and ADOPTED this
day of
,2008.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2008.
John Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 2 of2
To: Ashland City Council
Re: Western Oregon Plan Revisions resolution on May 6 agenda
I'm writing on behalf of the Ashland-based Klamath-Siskiyou Wildlands Center and our
1 ,500-dues paying members. It has come to my attention that the Ashland City Council
will consider a resolution to oppose the Bureau of Land Management's Western Oregon
Plan Revision (WOPR) at your May 6 council meeting.
The 2.5 million acres of federal forests administered by the Bureau of Land Management
(BLM) in western Oregon are currently managed under the 1994 Northwest Forest Plan.
These forests provide recreational opportunities, generate employment in the wood
products industry, safeguard drinking water sources for Oregonians, offer habitat for
myriad species, provide carbon storage for a livable climate, and allow for a quality of
life that attracts new businesses and skilled workers.
In 2007, the BLM released the draft WOPR, which would change the management of
these 2.5 million acres of public land. The genesis ofWOPR is an out-of-court settlement
between the timber industry and the Bush administration and the result is a skewed plan
that has generated broad and diverse opposition. Equestrian groups, scientists, farmers,
ranchers, hikers, hunters, anglers, elected officials, retired Forest Service employees, fire
specialists, the National Marine Fisheries Service, and the Environmental Protection
Agency have all publicly scolded the narrow proposal. In addition, the vast majority of
the nearly 30,000 public comments oppose the plan.
The WOPR's preferred alternative (Alternative 2) would divorce BLM from the
conservation strategy of the Northwest Forest Plan, reduce protection for wildlife and
streamside reserves, increase old-growth clear-cutting by 700%, and build 1,000 miles of
new logging road over the plan's first 10 years.
Some short-sighted county commissioners in western Oregon are championing the
WOPR as a solution to the county funding crisis, suggesting that we should log
remaining old-growth to fund essential services. However, a return to clearcut logging on
public land, a quickened liquidation of remaining old-growth and a reduction of
protection for streams and salmon is an equation for increased conflict at a time when
common ground in thinning small diameter has never been stronger. The WOPR will not
create the reliable wood supply that industry says it wants, as the highly controversial
proposal will likely head to court. In addition, hitching rural economies to natural
resource extraction is a proven boom and bust failure that hinders long-term economic
stability.
Ashland is a scenic hamlet that residents and visitors alike enjoy for its natural beauty,
cultural richness and outdoor recreation opportunities. People purchase property, invest in
businesses and vacation here to soak in some of the tranquility that our town and
surrounding landscape offer. People come here because of old-growth forests and
salmon-filled rivers, not to hike in clearcuts or fish in fishless streams. The public lands
that surround Ashland are fundamental to the character, quality of life and future of our
community.
Of particular interest to the Ashland community with regard to WOPR is its impacts to
tourism and fire hazard. According to the 2006 report from the Outdoor Industry
Foundation, the outdoor recreation economy contributes $730 billion annually to the U.S.
economy and supports nearly 6.5 million jobs across the U.S. These numbers suggest an
economic justification for protecting natural resources, yet WOPR de-emphasizes
recreation and emphasizes logging as the primary use of these public lands. Similarly, the
WOPR ignores prevailing science with regard to climate change and fire, and proposes to
increase the risk of wildfire and decrease forest resiliency.
I encourage the Ashland City Council members to support a resolution that opposes the
WOPR in its entirety. Although non-binding, a resolution opposing WOPR would be a
powerful show of support from Ashland that our remaining old-growth is not to be
meddled away as part of a Bush administration/industry scheme. In the meantime, we
should all continue to urge Congress to renew critical county payments to western
Oregon counties and advocate to preserve what makes our region so special.
Please do not hesitate to contact me with any questions on this issue. You can look at the
following website for more info on the WOPR: www.oregonheritageforests.org
Thank you for the consideration.
Lesley Adams
Klamath-Siskiyou Wildlands Center
PO Box 102, Ashland Oregon 97520
541-488-5789
www.kswild.org
www.orcgonhcritagctt1rests.org
lesley((i)kswi lcl.ori!
Congressman Peter DeFazio - DeFazio Lambasts BLM for Sitting on Latest Scientific Re... Page 1 of 1
DeFazio Lambasts BLM for Sifting on Latest Scientific Review of
WOPR
Scientific Team Fails To Support Findings In WOPR
I Print I
WASHINGTON (DC}--Today, Congressman Peter DeFazio (D-Springfield) was surprised to learn that the long-
awaited seven agency scientific review of the Bureau of Land Management's (BLM) Western Oregon Plan Revision
(WOPR), which failed to pass scientific review, has been buried on BLM's website for several weeks.
Today, Congressman Peter DeFazio (D-Springfield) was surprised to learn that the long-awaited seven agency scientific
review of the Bureau of Land Management's (BLM) Western Oregon Plan Revision (WOPR), which failed to pass scientific
review, has been buried on BLM's website for several weeks.
The BLM convened the Science Team in September 2005, to advise the agency on scientific issues. In its review ofWOPR
the Science Team concluded that WOPR suffered from several critical errors: overestimating the amount of available habitat
for key species, underestimating the environmental effects of the revision, using models without verifying accuracy, failing
to incorporate social and scientific uncertainty into its assumptions, and failing to utilize the best available science in its
analysis. The Review examined all resources affected by WOPR, including wildlife, socioeconomics, water, and timber.
"I am shocked that the BLM appears to have quietly sat on the findings from its own Science Team," Congressman DeFazio
said. "This doesn't pass any credible attempt to fully disseminate this report and make the public aware that the Team's
findings were even available. Given the Science Team took issue with much of the findings in the WOPR, the BLM leaves
the impression that it didn't want this report to be widely known anytime soon."
The Team includes federal and state scientists with experience in a variety of natural and social sciences. Team members are
scientists from the Oregon Department of Environmental Quality, United States Geological Survey, National Oceanic and
Atmospheric Administration, Oregon Department of Forestry, Forest Service Pacific Northwest Research Station, and the
BLM.
In response to a sweetheart settlement agreement with the timber industry, the BLM is considering revising the six western
Oregon resource management plans that dictate management on 2.1 million acres of public land in southwest Oregon. This
plan is commonly known as the Western Oregon Planning Revision, or WOPR. The agency released the draft environmental
impact statement for its proposal in August 2007, which called for a 700% increase in logging on these lands. The BLM is
expected to make a decision on the revisions sometime in the next several months.
"The WOPR is based on the fatally flawed 2007 draft spotted owl recovery plan, which itself has already failed three
different scientific peer reviews. I have told the BLM and proponents of WOPR that continued reliance on this plan revision
process to meet urirealistic timber harvest levels is ludicrous. It now appears that even the BLM's own science team agrees."
DeFazio also said, "If WOPR cannot stand under its own weight, it is time for Congress to step in and provide clear
direction for these forests."
The Science Team's review is available on the BLM's WOPR website:
bJrp:j!www.blm.gov I or/plalls/w()pr/fik~Science T eam~Rt?vit?w ~DEJS,PQJ
Close Window
http://www .defazio.house .gov/index2. php?option=com _ content&task=view&id=3 7 4&pop... 4/30/2008
Printable Version
http://www.tdn.com/articl es/2008/03/28/breaki n~news/ doc4 7 ed b47...
Government scientists critical of BLM logging increase in Oregon
By The Associated Press
GRANTS PASS, Ore. (AP) - The Bush administration's plan to ramp up logging in Western
Oregon has come under sharp criticism from the government's own scientists.
A team of federal scientists created to advise the U.S. Bureau of Land Management has issued a report
saying the Western Oregon Plan Revision - known as the Whopper for its WOPR acronym -
probably overestimates the habitat that will be left for fish and wildlife and underestimates the
environmental impacts.
The computer models BLM used were overly simplistic, failed to take into account the loss of northern
spotted owl habitat to wildfire in addition to losses to logging, and did not use population data on
specific species known to inhabit the area, the report said.
Computer models may be overestimating timber production as well because they fail to take into
account factors such as wildfire, and political, legal and budgetary limitations, the report said.
"The science is just one component that we consider in making the policy in land management
decisions," BLM spokesman Michael Campbell said from Portland. "We obviously are legally
compelled under the O&C Lands Act of 1937 to make other considerations, which are social and
economic in nature."
BLM produced the logging plan to settle a lawsuit brought by the timber industry and
timber-dependent counties demanding greater timber production from federal lands in the Coast Range
and Klamath Mountains of Western Oregon.
The agency's plan would bring back clear-cut logging and nearly triple planned timber production
while jettisoning the fish and wildlife habitat protections of the Northwest Forest Plan. The Northwest
Forest Plan was created in 1994 to resolve a lawsuit demanding habitat for salmon and the northern
spotted owl.
The demands of the Endangered Species Act, which requires protecting habitat for spotted owls and
salmon, and the O&C Act, which requires BLM to focus on timber production on a checkerboard of
forests in Western Oregon, are at the center of the battle over the plan.
It is due to be finished by the end of this year. Conservation groups are expected to challenge it in
court.
George Sexton of the conservation group KS Wild said he would not expect BLM to try to meet the
demands of scientists, even from fellow federal agencies.
"If one thing has been constant with BLM under the Bush administration, it is that science will not
influence their plans and practices," he said.
U.S. Rep. Peter DeFazio, who is developing legislation to protect old growth forests from logging,
criticized BLM for being slow to post the report on its Web site.
"I have told the BLM and proponents of WOPR that continued reliance on this plan revision process to
meet unrealistic timber harvest levels is ludicrous," DeFazio said in a statement. "If WOPR cannot
stand under its own weight, it is time for Congress to step in and provide clear direction for these
forests. "
I of I
4/8/08 9:46 AM
Another WOPR setback: The Register-Guard, Eugene, Ore.
http://www.registerguard.com/cs pi emslsi tes/dt. ems. support. view S tor...
The Register-Guard: EditorialsLetters: Commentary
Another WOPR setback
Government scientists criticize BLM logging plan
Published: April I, 2008 12:00AM
... w..~........,....................., .................................................................................. .............."............... .....................................................................,..........................,
The Western Oregon Plan Revision is a dead plan walking.
Those exact words weren't used by the team of government scientists that recently
reviewed the Bush administration's proposed forest management plan. But it's the
underlying message that should be clear to Interior Secretary Dirk Kempthorne,
who should immediately yank the plug on the U.S. Bureau of Land Management's
hopelessly flawed proposal to nearly triple logging on 2.2 million acres in Western
Oregon.
In a scathing lOG-page report, the team of federal and state experts said the BLM's
proposal failed to consider the most current and relevant data on fundamental
concerns such as wildlife habitat and water quality.
The report said the computer models used by the BLM were overly simplistic and
failed to take into account the loss of spotted owl and other wildlife habitat to
logging and wildfires. The models also failed to take into account budgetary,
political and legal factors, and generally ignored climate change and its potentially
profound impacts on Western Oregon's forests.
It's the latest in a series of setbacks for the BLM proposal. Last month the U.S.
Fish & Wildlife Service reversed its earlier proposal to sharply reduce the area of
critical habitat for the marbeled murrelet, a threatened bird that nests in the old
growth forests of Oregon's Coast Range. Those forests are an integral part of the
BLM's plans to increase logging and federal timber payments to rural counties.
Six separate scientific peer reviews, five of them funded by the federal government,
have agreed that the Fish & Wildlife Service's draft recovery plan for saving the
spotted owl fails to adequately consider the importance of protecting the
Northwest's remaining stands of old growth.
The Bush administration's own Environmental Protection Agency has warned that
the BLM plan lacks a sound scientific basis and would cause long-term damage to
water quality. The National Oceanic and Atmospheric Administration says the plan
fails to adequately protect steelhead and salmon.
The BLM plan is the result of the Bush administration's sweetheart settlement of a
lawsuit by the timber industry and rural counties. The lawsuit charged that the
1 of 2
4/8/08 9:45 AM
(t 1r;.1
JACKSON COUNTY
Oregon
January 4, 2008
Board of
Commissioners
Dave Gilmour, MD (541) 774-6117
Jack Walker (541) 774-6118
Denals CW Smith (541)774-6119
Fax (541) 774-6705
10 South Oakdale. Room 200
Medford, Oregon 97501
Ed Shepard, Director
Bureau of Land Management
Western Oregon Plan Revisions
P.O. Box 2965
Portland, OR 97208
RE: Follow up Comments from Jackson County on the Western Oregon Plan Revisions
Dear Mr. Shepard:
The Jackson County Board of Commissioners is submitting supplemental comments to those
submitted on December 6,2007. We are enclosing a complete package so there is no need to find or
refer to our original submission.
Please note that the recommendations submitted on December 6th were pulled from the enclosed
report Recommendationsfrom the Jackson County WOPR Core Group on the BLM Draft EIS
Western Oregon Plan Revisions. In retrospect, we realize it would have been more beneficial to
BLM to have the complete report, rather than just the recommendations. I would like to emphasize
that every recommendation contained in this report was agreed to by every member of our Core
Group, a diverse group of experts and stakeholders. This report and its recommendations was
adopted unanimously by the Board of Commissioners and is our official response.
Since submitting our official comments, a committee that advises the board on natural resource
issues submitted their response on the DEIS to the board for their consideration. Because this report
provides additional information and comments that support and adds to our recommendations, the
board decided to forward this report as well.
In addition to the reports mentioned above, I have also included the December 6, 2007 cover letter
from the Jackson County Board of Commissioners to complete the package.
If you should have any questions regarding any of the enclosed information, please contact Lin
Bernhardt, Jackson County Natural Resources Manager at (541) 774-6086.
Dennis C.W. Smith, Chair
Jackson County Board of Commissioners
c TimReuwsaat
We thank the Medford District manager, Tim Reuwsaat, and his staff for their support and
assistance during this process.
Sincerely,
r---~- L..c:.J..,.~
Jack lker..., Commissio?ff
ry~ a ~ ______
Dave Gilmour, Commissioner
c Tim Reuwsaat
enclosures:
1) WOPR Core Group Consensus Recommendations
2) Jackson County WOPR Core Group
I rf7f,z-
Recommendations
From the Jackson County WOPR Core Group
On the BLM Draft EIS Western Oregon Plan Revisions
December 4, 2007
Prepared for the Jackson County
Board of Commissioners by
Lin Bernhardt, Jackson County
Natural Resources Manager
Table of Conte ts
Introduction..... ..... .................. ........................... ... ............. ....... ..... .......... 1
Purpose
Background
Process for Gathering Input.................. ................ ..................... ..... .......... 2
Developing a Strategy
Establishing the Core Group
Expanded NRAC Workshop
Developing Recommendations
Core Group Recommendations.......................................... ................... ..... 3
Wildfire
Timber Management
Socio- Economics
Wildlife
Water
Final Remarks....... ..... .................... ...... ... ...... ... ... ...... ..... ...... ..... ...... ........ 7
Appendix A: Core Group Members
Appendix B: Expanded NRAC Workshop Participants
Appendix C: Workshop Participant Comments
Recommendations from the Jackson County WOPR Core Group
on the BLM Draft EIS Western Oregon Plan Revisions
INTRODUCTION
Purpose
The purpose of this report is to infonn the Jackson County Board of Commissioners of
the results ofa county process to gather local input on the Bureau of Land Management's
Western Oregon Plan Revisions (WOPR). This input is provided to the board for
consideration in their response to the BLM. The report contains recommendations on key
areas addressed in the WOPR.
Backe:round
The BLM released their draft environmental impact statement (DEIS) on the
management of public lands in Western Oregon in August of2007. The DEIS, also
known as the WOPR, analyzes the potential impacts of existing plans and three new
management alternatives that seek to better meet BLM's mandates. While the analysis
takes place under one region-wide EIS, the result will be six consistent but independent
resource management plans that will guide the management for the western Oregon BLM
districts for the next 10 to 15 years. The deadline for comment is January 11,2008.
The BLM is revising existing plans to replace the land use allocations and management
direction proposed under the Northwest Forest Plan to better meet the agency's dual
goals of providing a sustained flow of timber output and providing for habitat and
conservation of federally listed fish and wildlife species. Most land in the planning area
is managed under the requirements of the Oregon and California Lands Act of 1937. The
Act requires that the O&C lands be managed for "pennanent forest production, and the
tim ber thereon shall be sold, cut, and removed in confonnity with the principle of
sustained yield for the purpose of providing a pennanent source of timber supply,
protecting watersheds, regulating stream flow, and contributing to the economic stability
oflocal communities and industries, and providing recreational facilities." The BLM
must also meet the requirements of other federal laws such as the Endangered Species
Act and Clean Water Act.
The Resource Management Plan for the Medford District adopted as a result of this
process will be of great importance to Jackson County, affecting county government and
the livability of the area for county residents. This plan should be coordinated with plans
the county has adopted such as the Jackson County Integrated Wildfire Protection Plan
and water quality and water resource management plans. The BLM promises to address
local issues in their plans, and has requested input from residents and cooperators. As
cooperators, counties have significant influence in the outcome of the Resource
Management Plans.
PROCESS FOR GATHERING INPUT
DeveloDioe a StrateI!\'
Jackson County's Natural Resources Manager, Lin Bernhardt, developed a strategy for
gathering local input which would help inform the board in their response to the BLM.
The strategy was developed with the assistance of the BLM District Manager Tim
Reuwsaat, and Ed Kupillas, a member of the Jackson County Natural Resources
Advisory Committee (NRAC). The Board of Commissioners endorsed the proposed
strategy at a work session on September 2,2007.
Establishioe the Core GrouD
A central advisory group of key experts, the "Core Group," was formed to help guide the
process and provide recommendations to the board. Membership included several NRAC
members as well as experts and representatives from key areas such as forest
management, water quality, wildfire prevention, biology/ecology, and economics. For a
complete list of members, see Appendix A. Members were chosen for their expertise as
well as their demonstrated ability to collaborate. When participating, members spoke for
themselves and not for any organization they're affiliated with, especially since many of
those organizations will be submitting their own comments. A consultant, Dr. Jon Lange,
working for the U.S. Institute of Environmental Conflict Resolution, a group that is
helping the BLM with its public participation process for the WOPR, was hired to
facilitate the meetings and assist with the process.
The Core Group met three times for half-day meetings and reviewed documents between
meetings. The group initially met on September 5, 2007, and agreed to focus on five key
areas. (Given the expansiveness ofthe DEIS and the timeline for comment, it was
essential to limit the scope.) Those areas included timber management, wildfire, socio-
economics, wildlife, and water quality.
The Core Group was briefed by BLM on the WOPR prior to beginning their discussions.
On September 17,2007 a second meeting was held to ask and discuss more in-depth,
technical questions. As suggested by BLM, the group focused on the many different
elements of the alternatives, and not on the alternatives themselves, since BLM is likely
to adopt a hybrid of the alternatives listed.
Page 2 of7
Expanded NRAC Workshop
A workshop was held on September 18, 2007 immediately prior to a regularly scheduled
NRAC meeting to gather additional and more widespread feedback from a an even wider
variety of interests,. All NRAC members were invited, as well as Core Group members,
and members of other groups who would potentially have an interest in _ or be affected
by - the resource management plan. This included the chairs of relevant county advisory
committees as well as others from industry, conservation/environmental organizations
and community groups. Of the more than 80 invitations sent, 32 people attended. See
Appendix B for the list of participants.
The meeting began with a background presentation by BLM staff. This was followed by
a question and answer session. Because of limited time available, we guided participants
to provide feedback on a preprinted form asking five questions.
Based on comments and questions during the meeting, as well as from the written
comments, the overriding concern was wildf"Ire. Concerns that the WOPR did not
adequately address this topic came from both industry representatives as well as
environmentalists. Other concerns were raised under the topics of forest management,
jobs and economy, wildlife and water quality. Copies of all written comments from the
meeting are attached in Appendix C.
Developinl! Recommendations
Incorporating many of the comments from the workshop described above, the Core group
met for a third and final time on October I, 2007 to develop a set of
statements/recommendations for each of the five key areas. While members had very
different perspectives, representing very different points of view, they worked diligently
advocating their different values and beliefs while accommodating and respecting those
of other committee members. After the recommendations were developed, subsequent to
the meeting, members reviewed them for accuracy. All members confirmed the
necessary changes and final list. This diverse group has agreed, by consensus, to the
recommendations below. A short summary of the concepts discussed precedes each set
of recommendations.
CORE GROUP RECOMMENDATIONS
Wildfire
The group expressed deep concern that wildfire was not modeled in the analysis for the
alternatives. This is especially important in the Medford District where the threat of
wildfire is extremely high. This omission is a serious flaw since the results of the analysis
could be very different from what is described in the DEIS, particularly for harvest levels.
Neither the extent nor location of fire can be predicted, however historical fire data can
and should be incorporated.
Page 3 of7
Since wildfire has the potential to seriously affect harvest levels as well as other values, it
was agreed that harvest should be linked to fuels reduction for economic, forest health,
and forest resiliency throughout the district. This should take into account the different
forest types in the Medford District.
· The management plan should reflect the fact that there is more fire risk in
the Medford District than elsewhere in the planning area.
· The analysis should account for the likelihood of wildfire and its effects on
future harvest levels and other values.
· The management plan should focus to a greater extent on linking timber
harvest to the reduction of fire risk with the goal of improving the fire
resiliency of the forest and maintaining or improving forest health.
· The plan should describe possible prescriptions, management schemes and
methods to reduce fire risk and increase forest and stand resiliency for the
typical forest types in the Medford District.
Timber Manal!ement
The group generally agreed that the Medford district has forest types that don't fit the
alternatives and should be managed differently than forests in other parts of the planning
area. This area has more mixed stands and uneven aged forests that don't fit the one-
size-fits-all approach. Forest types should be identified where partial harvest, thinning
and regeneration harvests would be appropriate. Therefore, the management of special
forest types should be based on a unique management prescription that would determine
the harvest type and how to meet objectives such as fire resiliency. The group recognized
that this might reduce the Allowable Sale Quantity (ASQ). However, other
recommendations from the group would increase the ASQ, although it is unknown to
what degree this would occur.
Emphasizing management for objectives would allow a larger portion of the landscape to
be managed for timber production while maintaining habitat and/or non-timber values.
More volume could be cut in reserves while managing for forest health and fire
resiliency.
· The management plan should recognize the distinct forest types and ecology
of the Medford District as compared to other parts of the western Oregon
planning area. The management plan for the Medford District should rely
more on thinning and partial cuts.
· Where regeneration harvests are appropriate, there should be retention of
snags, woody debris and live trees, including hardwoods and representative
species.
· More volume could be cut in reserves with prescriptions that emphasize
forest and ecosystem health and fire resiliency.
Page 4 of7
- - - - - -- - - - ---- - --
- .~.- -- - ---- -- ---~--- - ---.-
· Emphasize management for objectives allowing broader integrated
management. This would allow a larger portion of the landscape _ and
individual areas within the landscape - to be managed for timber production
while maintaining habitat and/or other non-timber values.
Socio-Economics
There was considerable debate on this topic. It was noted that much more biomass is
being grown than proposed to be cut in Alternative 2, and that the cut should be
significantly increased. One member suggested that the BLM should consider how
much is merchantable and accessible without destroying the ecological base. Another
favored looking at site specific characteristics and managing it for habitat, resiliency, or
stocking, and letting the ASQ fall out as a result while maximizing economic return. The
group generally favored site-specific prescriptions versus a one-size-fits-all approach.
It was also noted that merchantable small diameter could help pay the way, and the DEIS
should do more to address small diameter and biomass. The committee agreed that BLM
must generate revenue from forests, provide jobs, and do it in an ecologically sound
manner. One member suggested BLM should be more aggressive in the reserves. It was
suggested that some areas within the Late Successional Management Areas (LSMAs)
could be treated while preserving ecological health.
· More attention should be given to site-specific management and making sales
economically viable while providing jobs.
· A sustainable, predictable BLM timber harvest is important for job creation,
county revenues and continued private sector investment in mill
infrastructure. The ASQ can be increased from present levels with sustained
yield while still meeting other objectives such as fire resiliency and forest
health.
· The management plan should promote the supply and utilization of small
diameter trees and biomass with the goal of economic viability. The plan
should address the importance of collaboration and incorporate language
that enables and encourages the districts to participate in such
collaboratives.
Wildlife
One member expressed concern about the amount of closed canopy in some alternatives.
An open canopy has varied understory and supports a wide variety of species. More open
canopy would help restore under-represented habitat. There was discussion about the
need for legacy trees and snags for wildlife, as well as the need to maintain adequate
representation of all structural seral stages, including open and closed canopy old growth,
especially at low elevation since there is poor representation of old growth. The group
agreed that habitat fragmentation was of concern, and should be linked to timber
management solutions.
Page 5 of7
The concern was raised over the issue of managing species to prevent new listings and
additional set asides, with the obvious potential to impact future ASQ. Conifer
associated Agency Special-Status Species Programs (SSSP) species will need some sort
of protection to prevent future ESA listings.
· The management plan must recognize the importance of legacy trees/green
trees (including both conifer and hardwoods), snags and coarse woody
debris.
· There should be adequate representation of forest seral stages, including
open and closed canopy old growth at lower elevations.
· There should be an analysis on the effects of habitat fragmentation that the
alternatives would create, especially as a result of reduced riparian reserves
and lack of green tree retention in some alternatives.
· Sensitive species should be managed on a landscape scale to prevent new
ESA listings and additional set asides, and should include a safety net for
conifer-associated rare species based on reliable data.
Water
The committee expressed concern about setting uniform buffer distances from streams in
all areas, rather than looking at site-specific characteristics to determine the distance that
would be protective of the stream. These characteristics would include topography,
width of canyon, vegetation, soils, slope, and aspect. Setting uniform setback distances
has the potential to remove some land from the timber harvest base that would not create
an impact if it were included within the setback, while not including areas outside the
setback could cause an impact if the area were logged. While many members felt buffers
should be set by experts based on site characteristics on a case-by-case basis, they also
acknowledged it may not be practical. In any case, predetermined criteria should be
established.
While it was agreed that there should be no significant impairment of water quality,
including a reduction of shade and increased warming of the water, one member noted
that he isn't too concerned about impacts to water quality using the example of the
logging that took place at Big Butte. In general, the group noted the importance of clean
water, abundant fish and wildlife, coupled with the need to manage for jobs and timber
harvest.
One member felt that buffers should be protective not just of established fish bearing
streams, but streams that have the potential for fish presence even though fish have not
been observed. If stream conditions could be altered that would allow fish in the future,
such as replacing a culvert, it was agreed that those streams should receive equal
protection.
Page 60f7
The impacts of roads on water quality, the need for better road design, addressing
deferred maintenance, and restoring/mitigating existing roads to reduce impacts on
sedimentation, were also mentioned as concerns.
· Riparian buffers should be determined by specialists on a site-specific basis
when necessary, based on predetermined criteria for proper functioning
conditions. The resulting buffers should be sufficient to avoid significant
impacts to water quality or fish habitat, including increases in temperature
and sediment, or reductions in large wood recruitment and current and
future shade.
· Streams with the potential for fish (salmonid) presence should be afforded
equal protection to similar streams with fish presence.
· Potential impacts from new and existing roads should be minimized. BMPs
should be deployed and monitored and deferred maintenance made a high
priority.
FINAL REMARKS
All members of the Core Group stayed at the table throughout the process. This does not
mean that every member attended every meeting, however, every member reviewed and
agreed to the final recommendations.
The group determined that none of the alternatives were acceptable as written and a new
alternative should be developed that incorporates the above recommendations. The
management plan for the Medford District must take into accoWlt the high fire risk and
different forest types in this area. The group supported maximizing harvest levels to
support jobs and the economy while managing for fire resiliency, forest health, and
ecological values.
The members were appreciative of the BLM staff that made themselves available for
presentations and questions throughout the process.
Page 70f7
APPENDIX A
Jackson County WOPR Core Group
Ed Kupillas (NRAC, Society of Professional Foresters)
Craig Harper (NRAC, RVCOG)
Paul Kangas (NRAC, Society of Professional Foresters)
Kathleen Donham (NRAC, League of Women Voters)
Frank Lang (NRAC, biologist)
Ron Fox (SOREDI)
Danen Borgias (The Nature Conservancy)
Max Bennett (OSU Extension forester)
Brett Fillis (Rogue Valley Fire Chiefs Assoc., J. C. Fire Plan Executive Com.)
Jude Wait (Lomakatsi)
George McKinley (Jefferson Sustainable Development Initiative)
Bob Jones (Medford Water Commission)
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APPENDIX B
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Recommendations to the Jackson County Board of Commissioners (BOC)
on
The BLM's Western Oregon Plan Revision (WOPR)
1?71,3
INTRODUCTION
The Forest Management Subcommittee of the Natural Resources Advisory Committee
(NRAC) is aware of the results of an effort supported by the NRAC to provide the BOC
with recommendations on what feedback to provide the BLM on its Draft
Environmental Impact Statement (DEIS) on the WOPR. This subcommittee of the
NRAC has traditionally been the principle provider of recommendations regarding
forestry matters of concern to the BOC. While acknowledging that the recommendations
requested by the BOC from a created "Core Group" provided it a broad spectrum of
opinions about the DEIS, this subcommittee believes that the BOC should also entertain
information of a more focused kind that reflects the opinions of those particularly well
versed in certain parts of the WOPR.
The Forest Management Subcommittee of the NRAC is composed of 5 members: Two
retired professional foresters (one of whom owns and manages a small woodland
property), one member, a working "professional" forester who has extensive experience
in the field, one small woodland owner, and one person well versed in water quality,
riparian and fisheries matters. These five members met and discussed specific
recommendations that are being forwarded to the general membership of the NRAC for
submission to the BOC as additional input.
We stress that this is additional input and is not meant to contradict or contest other
input that the BOC may receive.
The BOC expressed interest in five major subjects in regard to the WOPR: Wildfire
Timber Management, Socio-Economics, Wildlife and Water.
The Forest Management Subcommittee will comment on these same subjects and in
addition will comment on the WOPR's relation to the O&C Act of 1937.
COMMENTS OF THE SUBCOMNUTTEE
This subcommittee supports, and has no additions to the "Statements" contained in the
Core Group's submission to the BOC with regard to Wildfire.
On Timber Manae:ement the subcommittee offers the following: Although the
WOPR recognizes the uniqueness of the forests of most of the Medford District by
applying different harvest methods to timber stands south of a line thru Grants Pass, most
reviewers were not convinced that there is enough explanation in the DEIS as to how the
harvest methods will differ. This subcommittee does not disagree with any of the
statements on this subject from the Core Group. We recommend that the BLM more
fully describe how it would recognize that more partial cutting, selective cutting and
thinning be done on Medford District forests, and generally, in what places; and
analyze the effects on the condition of the forests and the Allowable Sale Quantity
(ASQ). If that, in essence has already been done, then it needs to be better displayed.
None of the alternatives provides information on the relationship between forest
productivity (growth per acre per year) and the ASQ. Based on information obtained
from a BLM specialist well versed in growth and yield on the Medford District,
alternative 2. still does not harvest all the growth occurring there. (Alternative 2.
produces the highest ASQ of all the alternatives). The O&C Act says that timber harvest
should be based on the principle of sustained yield. Producing more fiber than is
harvested leads to build up of biomass, which leads to high fire hazard, which leads to
increased fires and loss of timber and habitat, and as a result, also a loss of wildlife and
decrease in water quality. This can cause a net loss to human society as well as the
natural environment.
This subcommittee recommends that the BLM more fully describe the
relationship between the growth ofharvestable timber (especially on the Medford
District) and its actual planned harvest under the various alternatives.
The defmition of "harvestable timber" for our purposes, and based on Medford
District data, is the forested acreage in the District. By multiplying the forested
acres, 788,000 X 300 board feet/acre/year = 236.40 million board feet per year.
Harvest in alternative 2. = 131.0 million board feet per year, far under the sustained
yield of these lands.
The subject of Socio-economics in this presentation is dealt with in relation to
adherence to the O&C Act. The Core Group statements on this subject have been treated
by this subcommittee under Timber Mana2:ement above. The O&C Act determined that
"forest production" would be dominant in managing the O&C forests. This has been
upheld in a court decision. The O&C Act included "providing a permanent source of
timber supply, protecting watersheds, regulating stream flow, and contributing to the
economic stability of local communities and industries..." (underlining added).
(A pertinent discussion of this subject is contained in the "Critical Commentary" of the
Josephine County Report of the Select Sub-Committee regarding the WOPR on page 9 of
that report. The report is in the hands of the Jackson County BOC, and they are able to
refer to it.)
It should be noted that even under the highest ASQ level alternative, (Alternative 2.)
only 54% of the BLM land base is available for harvest.
We recommend that the BLM explain its reliance on Alternative 3. to comply
with the "out of court settlement", when long rotations in that plan restrict timber
growth, timber harvest and revenues to the Counties. This may be a subject where
the BLM can deviate from the preferred alternative to achieve a higher level of
harvest and revenues by including more acres in the forested land base.
Wildlife
This subcommittee, which is focused on forest management issues, has no specific
concerns with the DEIS on wildlife issues. None of the alternatives seems to have a
detrimental effect on Wildlife in general. We offer no comment on this subject. The
statements from the Core Group cover any concerns we may have.
Water issues in the DBIS are not of significant concern to this subcommittee. The Core
Group stated that the riparian buffers should be determined on a site-specific basis. The
DEIS indicates a formulaic approach. This may be due to the difficulty of incorporating
2
in the plan an analysis that reflects site specifics. Although possible to do, it may not be
cost effective to do so for planning purposes. If this is so, it would be helpful for BLM to
so state in the DEIS.
Note: This same difficulty might be the reason the BLM apparently did not model a
partial cut/selective cut analysis for timber management in the Medford District. It would
be instructive to find that out from the BLM when it responds to input.
We agree with the Core Group recommendations.
Summary
It is hoped that the BOe will value the perspective of a more focused group whose
membership is heavily weighted toward a professional approach to the subject. This
group, the Forest Management Subcommittee, is part of the (NRAC) that is an official
advisor to the BOC. Those professionals have spent their careers considering the very
questions raised by the WOPR DEIS and have observed the results of various
management actions on the ground. The other members, who are not "professional
foresters" also have on the ground experience that is a cut above the perceptions on
natural resource issues of the general public. It is in that spirit that we submit our
recommendations to the NRAC for further submission to the BOC.
3
Western Oregon Plan Revision
Draft Environmental Impact Statement
Science Team Review
March 3, 2008
Comments of Doug Drake, Joan Hagar, Chris Jordan, Gary Lettman, Chris Sheridan,
Thomas Spies, and Fred Swanson. Compiled by Chris Sheridan
Summary
The analysis supporting the Western Oregon Plan Revision Draft Environmental Impact Statement
(WOPR DEIS) is highly technical, and portions of the analysis show great sophistication and
advancement over previous planning assessments. The use of dynamic spatial models at regional
scales is, in particular, at the cutting edge of planning for a resource agency. The Science Team,
however, had concerns with many portions of the analysis. Many of these were based on unclear
documentation and writing, and others were based on questions about assumptions, adequacy of
models, risk analysis, and interpretation of current scientific understanding. The most significant of
the concerns were:
Models and action Alternatives probably overestimate amounts of habitat for target species, and
underestimate detrimental environmental effects. For example, projected trends in northern spotted
owl habitat under any of the Alternatives do not assume that any habitat will be lost to high severity
wildfire, which, according to the DEIS fire analysis, would be expected during the 100 year period
of the plan. Timber production may be overestimated as well: WOPR DEIS models did not
incorporate important external factors including wildfire, political, legal and budgetary limitations,
and included limited consideration of constraints on operational feasibility. The descriptions of the
effects of the Alternatives and the selection of the preferred Alternative do not consider these risks.
The DEIS makes limited use of existing data for key analyses outside of silvicultural/forestry
measurements. Use of real world observations is fundamental to describing the affected
environment, formulating and evaluating Alternatives, and evaluating the effects of Plan
implementation (i.e. monitoring). Sensitive species analyses did not use species-specific population
or presence data, but relied on habitat models derived from geomorphic or silvicultural (forest
structural) variables. Habitat models used for many species and modeling for stream temperature
were overly simple compared to existing published models. Although models of habitat availability
are a practical means of estimating effects of management on species, such models need to
explicitly relate habitat availability to population metrics. Furthermore, habitat models are
unreliable unless they have been validated. The WOPR DEIS models and characterizations of
Alternatives do not include calculations of accuracy, error, or bias. No sensitivity analyses,
validation, or accuracy assessments were conducted despite the existence of relevant empirical data
and growing awareness of uncertainty and development of methods to include it. Although the
analysis acknowledges external risks such as wildfire and climate change, neither external
uncertainty nor internal (model) uncertainty are included in the analysis of direct and indirect
effects, and this uncertainty does not appear to be factored into Alternative selection.
Under the principles of science-based management, uncertainties related to wildfire, climate
change, and population trends in sensitive species (e.g., northern spotted owl) and uncertainties
associated with new and untested models proposed in this analysis can be mitigated with adaptive
management and monitoring. The revision is partially justified on the incorporation of the
"principles of adaptive management" (DEIS, p. 5). However, the WOPR seems to downplay the
significance of new sources of uncertainty by not presenting a substantial adaptive management and
monitoring program as part of its revision. Regardless of which Alternative is selected, it is
probable that the same key monitoring questions would be selected, driven by the resources noted
as DEIS Issues and by Federal regulation. A stronger commitment to quantifying change in metrics
describing these resources (through monitoring), and a characterization of the degree to which
2
proposed actions are open to change given uncertainties would strengthen the scientific basis of this
management plan. If robust adaptive management and monitoring programs are no longer important
parts of the Bureau of Land Management's (BLM) management, stronger support is needed for the
purported reduced margins of error (DEIS, p. 5) in prediction of changes in key resources.
The WOPR DEIS analyses employ a set of scales and data that are not fully representative of the
processes occurring in the Plan area. For some resources, including Water (and perhaps Fish),
extrapolation is made using data from a small portion of the Plan area, which may bias model
results. Spatial and temporal scales analyzed for several physical processes (particularly peak
flows) may actually obscure large effects occurring at smaller scales which are still relevant to
management. Wildlife habitat analyses (particularly for the marbled murrelet and fisher) do not
adequately consider the scales at which species interact with the environment or the spatial
constraints on these species, and may have misclassified habitat availability. Fish habitat model
outputs would benefit from interpretation in spatial and temporal scales relevant to the processes
(e.g., episodic debris flow) described. Finally, by comparing rather similar management
Alternatives with a narrowly defined range of past and future system states, important aspects of the
cumulative effects of these Alternatives are not fully considered.
The DEIS models used to analyze fish habitat incorporate more recent scientific thought about the
importance of episodic disturbance in maintaining riparian systems and the species that depend on
them. However, both indices of fish habitat (measured as intrinsic potential) and fish productivity
(based on intrinsic potential and estimated wood contributions) used in the DEIS are measures of
habitat conditions having the potential to support Uuvenile) fish productivity. Both indices are so
far removed from actual fish (species) use or productivity that it is hard to gauge their utility in the
analysis.
Analyses in the Water section of the DEIS are problematic. Stream temperature analysis in the
WOPR DEIS does not use the most recent and relevant science on the subject, has inadequate
model parameterization, and would probably not meet BLM's Management Objectives for
maintaining and restoring water quality in some stream segments or basins. Analysis of sediment
delivery to aquatic systems appears to ignore crucial physical processes influencing sediment
response. The parameterization of the model describing peak flow response in the rain-on-snow
zone is also problematic and would greatly benefit from model validation.
3
PROCLAMATION
· Historic preservation is an effective tool for managing growth, revitalizing
neighborhoods, fostering local pride and maintaining community character
while enhancing livability.
· The historic houses and buildings of Ashland help make our City unique and
provide links with aspirations and attainment of the City's pioneers and their
descendants.
· These fine examples of Nineteenth and Twentieth century buildings contribute
to an appreciation of our heritage.
· Historic preservation is relevant for communities across the nation, both urban
and rural, and for Americans of all ages, all walks of life and all ethnic
backgrounds.
· It is important to celebrate the role of history in our lives and the contributions
made by dedicated individuals in helping to preserve the tangible aspects of the
heritage that has shaped us as a people.
"Recognizing That This Place Matters" is the theme for National Historic
Preservation Week 2008, cosponsored by the City of Ashland's Historic
Commission and the National Trust for Historic Preservation.
NOW, THEREFORE, the City Council and Mayor, on behalf of the citizens of
Ashland, do proclaim May 11-17, 2008 as
"N ational Historic Preservation Week"
and call upon the people of the City of Ashland to join their fellow citizens across
the United States in recognizing and participating in this special observance.
Dated this 6th day of May, 2008
John Morrison, Mayor
Barbara Christensen, City Recorder
ASHLAND AIRPORT COMMISSION
March 4, 2008
MINUTES
MEMBERS PRESENT: RICHARD HENDRICKSON, RUSS SILBIGER, LINCOLN ZEVE, DAVID
WOLSKE, ALAN DEBOER, TOM BRADLEY, BILL SKILLMAN, GOA LOBAUGH, BOB SKINNER.
STAFF: DAWN LAMB & SCOTT FLEURY
MEMBERS ABSENT: BRITT ANY WISE
Visitors: Merle Mills
1. CALL TO ORDER:
2. APPROVAL OF MINUTES:
3. Public Forum:
9:30 AM
FEBRUARY 5, 2008, minutes approved as written.
4. OLD BUSINESS:
A. Larry Giardina Conservation Analyst gives overview of cost analysis associated with installation
of Solar Panels for electrical power at the Airport. The Commission sees the value of reducing
carbon footprints, but there were concerns voiced over the cost and tax rebate program for
installation ofthe panels. (See attached cost breakdown sheet.)
B. Review of Noise Sensitive Area Map and SuperA WOS advertisement. Lea Light from COA GIS
Department created Area Map for Commission members to review and suggest changes,
subsequent changes will be added to newest Draft Version of map.
C. Lease Subcommittee meeting to be scheduled by Megan Thornton from COA legal Department.
D. Draft Zoning Ordinance- Dawn Lamb stated that she is awaiting cost analysis from Century West
for required work on Airport Zoning Ordinance. Costs will be used to apply for FAA grant to add
the ordinance work into the Airport Master Plan.
E. Rate Adoption Motion: Rates analyzed for increases and adopted for fiscal year starting July 1,
2008. Voted by second, vote passed. DeBoer abstains.
F. Request for letter from Potomac regarding SuperA WOS and what they plan on doing regarding
the FAA request for inspection and maintenance. Skinner has all email conversations regarding
subject matter and commission will wait 60 days for situation to be resolved by Potomac or
pursue other action at that time.
G. Bi-fold Door Donation: Skinner to research and obtain new quotes for installation of doors. Cost
of installation will need to be added into budget. They might need to be deferred until more
revenue is obtained
H. Meteorlogix: Staff to research removal of existing system and replacement with a computer and
printer from computer services or replace with a computer paid for by the Airport Users Group.
Need Cost Analysis of both options. Skinner has existing DSL internet connection which can be
used for online weather research. Bradley to research monies in Users Group fund and report
back to Commission.
4. NEW BUSINESS:
A. Rate Adoption Motion: Action: Wolske motioned for Scott Fleury to research fuel flowage
surcharges and Medford's Tariff Rate for adoption into Rental Rate breakdown sheet.
C:\DOCUME-1\shipletd\LOCALS-1\Temp\March 4 OS.doc
a. Meteorlogix: Analysis of City of Ashland computer and maintenance vs. Users Group
purchase and maintenance of computer system. Feedback on MxVision AviationSentry
Airport Edition software.
B. Watermaster Request: Gauging Station on Neil Creek. Jackson County Watermaster has
requested to place a gauging station in Neil Creek on Airport Property, see attached letter and
photos.
C. Noise Sensitive Area Map final review.
5. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION:
A. Status of Airport, Financial Report, Review of Safety Reports
B. Maintenance Updates - Peters is working on the hangar numbers.
6. OTHER:
The meeting of the JC airport commission is the third Monday of the month at 12:00 PM.
7. NEXT MEETING DATE: Aprill, 2008, 9:30 AM
ADJOURN: Meeting adjourned at 11 :05 AM
C:\DOCUME-1\shipletd\LOCALS-1\Temp\March 4 08.doc
2
Bicycle & Pedestrian Commission
March 20th, 2008 Regular Minutes
Council Liaison:
Staff:
Chair David Young, Vice Chair Julia Sommer, Secretary Jim Olney (late),
Steve Ryan, Mick Church (absent), Matthew Seiler, Tom Burnham
David Chapman
Terry Holderness, Chief of Police
Steve McLennan, Police Officer
Kip Keeton, Community Service Officer
Derek Severson, Associate Planner
RVTD liaisons: Paige Townsend, RVTD Senior Planner
High school liaison: Vacant
SOU liaison: Vacant
Traffic Safety Commissioners: Chair Matt Warshawsky, Vice Chair Colin Swales
Roll Call:
Call to Order
Chair Young called the meeting to order at 5: 15 p.m.
Approval of Minutes - February 21st, 2008
The minutes were approved as presented by unanimous consent.
Public Forum
Tom Phillips and Midge Thierolf, who are working to develop a memorial for City Councilor
Carole Wheeldon, who passed away in late 2006, presented their model of the proposed bench
for the memorial and discussed details of its placement and of the process of developing the
memorial to date including meetings with the Historic and Public Arts Commissions. They
noted that they were working with the Parks Department to get a cherry tree installed, that
granite boulders from a local quarry would be used, and that generally the proposal was to use
local materials to the greatest degree possible. The indicated that they were hoping for a letter of
support for the project.
Burnham/Sommer m/s to express Commission support of the proposal as presented.
Discussion: Keeton questioned whether a backed bench design would be more appropriate;
Young indicated that he would like to respect the design process that had occurred and not
try to redesign anything by committee. Voice vote: All AYES. Motion passed.
Ambuja Rosen, who has been working to have a dog-tethering ordinance adopted, noted that she
has been a bicyclist and pedestrian since moving to Ashland. She gave background on her
campaign, and told the story of a dog named Max who lives on Cambridge Street and has been
tethered his entire life. She noted the psychological impacts this has had on Max, who she
suggested was bipolar. She presented data from her study on the effects of tethering ordinances
in ten communities where they've been adopted, and asked for a recommendation or statement
from the Commission to Council in support of the proposed ordinance, and asked that
Commissioners also express their support individually. Burnham questioned what the current
law is, and Rosen responded that it requires only adequate space for exercise. She noted that in
2005, only five dog bites were reported in Ashland, but suggested that most bites are not reported
2008-0320 Bike & Ped minutes
Page J of5
to local police because they are handled by Animal Control through the County. Burnham
asked about specifics of the proposed Ordinance, and Rosen responded that there was not
sufficient time available in Public Forum to adequately explain it; she indicated that she would e-
mail it to Severson for distribution to interested Commissioners.
Matt Warshawsky noted that he had made a request that the Commission make a
recommendation to Council to modify Ashland ordinances to allow bicyclists to take the lane
where appropriate. Severson noted that he had wanted to forward this request in cooperation
with the Police Chief, and that it had fallen through the cracks during the transition between
Police Chiefs. He indicated that he would forward it to Chief Holderness ASAP.
Keeton introduced himself, noting that in addition to being a Community Service Officer, he also
serves on the City's staff Safety Committee. He expressed his personal concerns with bicyclist
and pedestrian safety, and noted seeing frequent near misses where accidents caused by cyclists
disobeying traffic laws are narrowly avoided. He indicated that he hoped to see more efforts at
bicyclist education and enforcement.
Chapman encouraged the police to ticket violations and support diversion programs which would
either involve classroom safety education or duty as a crosswalk monitor.
Egon Dubois, bicycle safety instructor with the Bicycle Transportation Alliance, noted the
effective use of bicycles by police officers in Central Point. He suggested that more bicycles
would help Ashland police deal with bicycle enforcement, and he offered to assist the
department in obtaining and maintaining bikes if they were interested.
Young questioned how Commissioners wanted to handle the fairly full agenda, given that the
Police Chief was present and that some members and liaisons needed to leave early. Members
suggested beginning with discussion of Siskiyou Boulevard pedestrian safety and the recent
focused enforcement actions.
Siskiyou Boulevard Safety
Young noted that he had issues with conducting a sting operation at a signalized crosswalk, and
he indicated that this was not the issue that really needed to be addressed and just served to go
after the low-hanging fruit while upsetting the community in a predatory manner.
Holderness noted that the operation had been focused on the unmarked crosswalks, and he
explained the details and manpower involved in carrying off these actions. He noted that when
watching the events on site, officers witnessed multiple near miss accidents at the signalized
crosswalk, and determined that this was the most dangerous behavior being observed, and the
most in need of being addressed in that place and time.
MacLennan and Severson both noted witnessing dangerous situations in the signalized crosswalk
caused by pedestrian behavior.
2008-0320 Bike & Ped minutes
Page 2 of 5
Holderness noted that more of these actions will follow, and he explained that the publicity from
the event is the primary benefit as it is what alters behavior beyond the scope of those ticketed in
the event itself.
Burnham noted that he would like to see a more regular, on-going police presence to get the
awareness level up. Holderness explained on-going efforts by the Police Department, including
volunteers at school zones and the radar trailer. He noted that the department is trying to address
the full community with limited resources, and that the focus during the busiest morning hours is
on the schools.
Ryan noted that he has experienced numerous near misses himself caused by drivers, noted that
he is keeping a list, and he urged others to do the same.
Young noted that he would like to see a more concerted effort, and that the Tidings is not
providing the type of coverage that is needed. He indicated that he would like to see some sort
of subcommittee form to better address this. Burnham concurred, noting that a coalition needs
to be formed to start putting together short and long term solutions. Chapman suggested that
anyone interested in participating in finding solutions attend the next Traffic Safety Commission
meeting.
Warshawsky stated that he would like to have a discussion based on more information next
Thursday at Traffic Safety and be able to send recommendations back to the City Council for a
decision the following Tuesday. He would like more data, including details on the accident from
APD. He noted that he had wanted to form a subcommittee, but suggested that time commitment
was an issue and he feels that information needs to be compiled quickly and distilled to get a
decision at next week's Traffic Safety meeting. He stated that he would like interested parties to
meet next Tuesday with research they do between now and then. Chapman, Burnham, Dubois,
Young and Ryan indicated they would attend, as the APD representatives present were also
invited. Warshawsky indicated that the meeting would occur at 7:00 p.m. next Tuesday and that
the location would be announced via email. Severson noted that he would provide email contact
information for interested members to Warshawsky.
Burnham urged lowering the speed limit as an immediate fix.
Subcommittee & Liaison Reports
Paige Townsend, Senior Planner with the Rogue Valley Transportation District, discussed the
status of their liaison role as they seek a replacement for Steve Maluk. She noted that RVTD has
been a partner in Car Free Day for 11 years, and she recounted that the event had originally
started small knowing that there would be a bigger pay-off. She noted that the Oak Street Car
Free Day event and street closure has been successful for three years and has been recognized in
Portland. She emphasized that thousands worldwide celebrate Car Free Day on September 22,
and that there seems to be a progression in some communities where the benefits of the event
lead to a recognition that results in permanent street closures. She encouraged Commissioners to
consider what they wanted to do for the event, and she noted that a champion was needed to
carry out the event. She suggested that the activities of the day could then be compartmentalized
2008-0320 Bike & Ped minutes
Page 3 of 5
and duties split among the Commission and other stakeholders. She discussed the event as a
celebration and reward for those who are already living car free.
Townsend also asked for participation by Commissioners in the Bike Swap, as commissioners
are the beneficiaries of this event along with the BT A and the students of Ashland.
She indicated that she would send research on the use of 45-degree crosswalks which she felt
might be an applicable solution for the medians on Siskiyou.
Chapman questioned the status of RVTD's Bike First program, and Townsend indicated that a
wholesale supplier was needed. Chapman indicated that he would like to see the Commission
involved in this. Townsend noted that they would have a new person on staff by the fall.
Ryan indicated that he would be interested in participating in the Car Free Day event, but that he
did not want to be "the champion." Seiler noted that he had been involved last year, and he
suggested that there is energy within the community. Townsend noted that she would also like
to see ECOS, Siskiyou Velo, the BTA Bike Rodeo, etc. She noted that RVTD would handle
advertising and marketing for the event. Ryan indicated that he would attend subcommittee
meetings.
Chapman exited at 6:32 p.m.
Young noted that he had attended the last two Bike Swap meetings, and suggested that they were
making good progress on planning for the event at the subcommittee level.
Severson questioned if members were interested in tabling at the Earth Day event at
Scienceworks on Saturday, April 19th. Seiler indicated that he would table, and Sommer and
Young indicated that they could also be there to provide additional coverage during part of the
day.
Seiler added that he was officially out of the Car Free Day event planning, and that he would
attend next month's Commission meeting prior to leaving town on May 5th.
Olney noted that he had attended the Jackson County Bicycle Advisory Committee. He noted
that staff person Karen Smith was retiring and would not be replaced, and that support for the
Committee and for the Greenway was somewhat on hold for now.
Swales noted that he had attended the School Board meeting for their discussion of high school
students being sent to Lincoln School for some classes during construction.
Oak Street
Ryan noted that the discussion of Oak Street bike lanes had been tabled at the Traffic Safety
meeting last month and would be discussed next week. He indicated he would report back next
month. He added that the University was to have had a representative in attendance at tonight's
meeting, and Young suggested that they should be represented on any subcommittee that forms.
2008-0320 Bike & Ped minutes
Page 4 of5
Bike Lane/Bike Path Maintenance
Severson suggested that he could prepare a reference card of those to contact for streets, bike
lane and bike path maintenance issues. It was noted for Commissioners that the Parks
Department provides maintenance on the Greenway all the way to Valley View Road.
Top 10 List
Sommer noted that she would like to assemble a list of places and issues with problems most in
need of being addressed. The Commission would then take these to the Traffic Safety
Commission and request action. She indicated that she would be willing to put the list together,
and suggested that members e-mail her with their top issues. She clarified that these should be
infrastructure and engineering items that could be fixed to create a safer environment for cycling
and walking.
On-GoinQ Goal Discussion: Car Free Day & Car Free LivinQ
Sommer expressed her frustration with trying to get Car Free First Fridays going with the
Gallery Association. She noted that despite numerous conversations, they have not followed up
and there seems to be no buy-in.
New Business
Members discussed the potential for quorum issues with the current vacancy and Seiler's
departure. Severson noted that both Ryan and Church had sought positions on the Planning
Commission and might not be willing to serve on two Commissions if appointed there. Ryan
indicated he would be willing to serve on both. Young noted that he had asked for
reappointment. Severson indicated that he could make the Mayor aware of a potential issue.
Burnham noted that he was working with Bill Heimann and Chapman to develop improved bike
maps. He suggested that the subcommittee will need additional assistance after the issue of
Siskiyou Boulevard pedestrian safety has been adequately addressed.
AQenda Items for Next Month
Seiler suggested that the Commission needed to clarify its vision of Car Free Day. Ryan
suggested that members work on "near-miss" lists.
Adiournment
The meeting was adjourned at 7:04 p.m.
UpcominQ MeetinQs:
Regular Meeting - April I i\ 2008 at 5:15 p.m. in the Siskiyou Room
2008-0320 Bike & Ped minutes
Page 5 of5
CITY OF
ASHLAND
ASHLAND HISTORIC COMMISSION
Regular Meeting Minutes
March 5, 2008
Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room
Historic Commissioners Present: Dale Shostrom, Terry Skibby, Henry Baker, James Watkins, Allison
Renwick, Keith Swink, Alex Krach, Tom Giordano
Absent Commission Members: Sam Whitford
Council Liaison: Eric Navickas, Absent
Hiah School Liaison: None Appointed
SOU Liaison: None Appointed
Staff Present: Planner: Angela Barry; Clerical: Billie Boswell
CALL TO ORDER - REGULAR MEETING
At 7:00 pm, Chairman Dale Shostrom called the Historic Commission meeting to order.
APPROVAL OF MINUTES
Ms. Boswell pointed out that there was an error in the approval of minutes. It was the January minutes that were
approved not December. Mr. Baker made a motion to approve the February 6, 2008 minutes as amended and it
was seconded by Ms. Renwick. Approval was unanimous with Mr. Skibby and Mr. Watkins abstaining because
they were absent from the meeting.
PUBLIC FORUM: Tom Phillips and Midge Theirols reviewed with the Commissioners two alternate models of the
Carol Wheeldon memorial bench design. There was discussion concerning the placement and landscaping
options. Most of the Commission preferred the design with the center rock column and the refined plank seat. Mr.
Krach felt the design was too rustic and that it violated the original simple and classic design of the Siskiyou
landscape as it was planned 100 years ago. Mr. Skibby supported the design. Ms. Theirols commented that other
locations or designs could be explored.
Mr. Skibby made a motion to give approval for the concept of the upright center rock columned bench style with
refined slabs subject to returning to the full Commission with detailed, to scale site plans showing landscaping,
plantings, surfacing and materials. The motion was seconded by Mr. Giordano. A roll call vote was called for. Mr.
Skibby, Mr. Baker and Mr. Watkins voted yes. Mr. Swink, Mr. Giordano, Ms. Renwick, Mr. Krach, and Chairman
Shostrom voted no. The motion failed.
PUBLIC HEARING: None
OLD BUSINESS
A. Review Board Schedule
Ashland Historic Commission Minutes
4/30/2008
CITY OF
ASHLAND
B. Proiect Assiqnments For Planninq Actions
P A #2004-138
PL#2005-0 1226
PL#2005-01674
PL#2005-02105
PL#2005-01307
P A#2006-00453
P A#2006-00612
PA#2006-01999
P A#2007 -00398
P A#2007 -00798
P A#2007 -00579
P A#2007 -01400
Swink
Shostrom
Skibb
Giordano/Baker
Shostroml
Swink
Shostrom/Giordano i
Krach
Whitford
Watkins
Baker
Skibb
C. Historic Preservation Week "This Place Matters - The theme was changed to "Recognizing That This Place
Matters". Nominations were divided up between all the Commissioners to visit, take pictures and report back
the appropriateness of the nomination. Mr. Skibby said he would do a walking tour of Siskiyou Blvd. It was
suggested that the award ceremony be held at Carpenter Hall. He also suggested having George Kramer as
a special speaker and volunteered to contact him. The Commission decided to meet at 5:30 for the April 2nd
Commission meeting to go over the nominations.
D. Parks Archive Proiect - Mr. Swink said he would contact Mr. Whitford when he returned to follow up on the
Park archives tour.
E. Lithia Sprinqs National Reqister Nomination - Megan Thornton, Legal Department, is working on the draft for
the new Gun Club lease. She will notify the Commission prior to the public meetings.
F. Sinqle Family Residential Desiqn Standards - No report
G. Co-Sponsorship with Conservation Commission for Fall Workshop - No report
ANNOUNCEMENTS
The next Historic Commission meeting will be on April 2, 2008. The Special Meeting to select the Historic
Preservation Awards will be at 5:30pm. The regular meeting will be at 7:00 pm in the Siskiyou Room.
ADJOURNMENT
It was the unanimous decision of the Commission to adjourn the meeting at 9:00 p.rn.
Ashland Historic Commission Minutes
4/30/2008
2
CITY OF
ASHLAND
Council Communication
Liquor License Application
Meeting Date:
Department:
Approval:
May 6, 2008
City Recorder .J J /
Martha Be~JJ
Primary Contact: Barbara Christensen
email: christeb@ashland.or.us
Secondary Contact: None
Estimated Time: Consent
Question:
Does the Council wish to approve a Liquor License Application from Bob Robertson dba
Miguel's of Ashland at 545 Clover Lane.
Staff Recommendation:
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use
requirements and that the applicant has a business license and has registered as a restaurant, if
applicable. The city council recommends that the OLCC proceed with processing of this
application.
Background:
Application for a change in ownership.
The City has determined that the license application review by the city is set forth in AMC
Chapter 6.32 which requires that a determination be made to determine if the applicant complies
with the city's land use, business license and restaurant registration requirements (AMC Chapter
6.32).
In May 1999, the council decided it would make the above recommendation on all liquor license
applications.
Council Options:
Approve or disapprove Liquor License application.
Potential Motions:
Motion to approve Liquor License application.
Attachments:
None
r~'
CITY OF
ASHLAND
Council Communication
EMS Account Services Intergovernmental Agreement Renewal
Meeting Date: May 6,2008 Primary Staff Contact: Keith E. Woodley 552-2217
Department: Fire & Rescue E-Mail: woodleyk@ashland.or.us
Secondary Dept.: Finance Secondary Contact: Greg Case 552-2219
Approval: Martha Benne Estimated Time: Consent Agenda
Question:
Does the Council wish to renew the EMS Account Services Intergovernmental Agreement with the
City of Springfield, Oregon, for ambulance service billing services?
Staff Recommendation:
Staff recommends renewal of the EMS Account Services Intergovernmental Agreement with the City
of Springfield, Oregon.
Background:
In January 1996 the City of Ashland entered into an EMS Account Services Intergovernmental
Agreement with the City of Springfield, Oregon, for ambulance patient billing services. This
agreement provides all billing and collection services for ambulance service fees and charges,
according to the policies, rates, schedules and instructions established by the City of Ashland.
Collected funds are transferred on a monthly basis to the City of Ashland, along with an account
services monthly summary report to the Finance Department. This agreement also provides for
assistance to the City of Ashland in the formation of ambulance rate structures, fees and managed
healthcare agreements. The current fee charged by the City of Springfield per patient billing chart is
$38.00, or $64,600.00 annually. This fee is adjusted annually based on the CPI- W index, with a
minimum increase of 1.5% and a maximum increase of 6%. Within the ambulance account billing
industry it is estimated that one FTE billing clerk can service up to 800 accounts annually. The City of
Ashland generates approximately 1,700 ambulance accounts annually, or an average workload for two
or more FTE's. Ifthe City of Ashland were to provide this service with in-house staff, it would require
two FTE's and cost in excess of$157,000.00. This estimate does not include others costs such as
software, training, supervision and facility use.
Related City Policies:
(None)
Council Options:
Approve or deny renewal of the EMS Account Services Intergovernmental Agreement with the City of
Springfield, Oregon.
Staff Recommendation:
Staff recommends approval of the EMS Account Services Intergovernmental Agreement with the City
of Springfield, Oregon.
Page I
Ambulance Operator's License Renewal
r~'
CITY OF
ASHLAND
Potential Motions:
Motion to approve or deny renewal of the EMS Account Services Intergovernmental Agreement with
the City of Springfield, Oregon.
Attachments:
EMS Account Services Intergovernmental Agreement with the City of Springfield, Oregon.
Page 2
Ambulance Operator's License Renewal
r~'
EMS ACCOUNT SERVICES INTERGOVERNMENTAL AGREEMENT
2 This Agreement is entered into by and between the City of Springfield, an Oregon municipal corporation, acting by
3 and through its Department of Fire and Life Safety, hereinafter referred to as "Springfield" and the City of Ashland, an
4 Oregon municipal corporation, on behalf of its ambulance service, hereinafter referred to as "Ashland."
5 RECITALS
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A.
ORS 190.010 provides that units of local government may enter into agreements for the performance of any
and all functions and activities that any party to the agreement, its officers, or agents have authority to
perform.
Provision of services for the remuneration specified in this Agreement will mutually benefit the parties to it.
Timely and accurate billing, collection, and patient account services for ambulance services are high
priorities for both Ashland and Springfield.
Ashland desires to enter into an Agreement with Springfield whereby Springfield will provide billing,
collection, and patient account services on behalf of Ashland for all billable patients serviced by the Ashland
Emergency Medical Services system.
Springfield is willing to furnish ambulance billing, collection, and patient account services to Ashland
according to the terms and conditions set forth herein.
B.
C.
D.
E.
17 AGREEMENT
18 NOW, THEREFORE, in consideration of the above recitals and the covenants contained herein, the parties hereby
19 agree as follows:
20 1. Springfield Services to be Provided. Springfield agrees to provide the services described in EXHIBIT A,
21 which is attached hereto and made'a part hereof.
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2.
Ashland Responsibilities. Ashland agrees to perform the obligations and pay for the services performed
by Springfield in the manner and at the rate described in EXHIBIT B, which is attached hereto and made a
part hereof.
Contract Duration. This Agreement shall commence on March 25, 2008 and shall continue until June 30,
2009 unless extended, modified, or terminated as provided herein.
Extension. This Agreement may be extended for additional one-year periods upon compliance with the
provisions of paragraph 12 and with the following procedure:
4.1. The Springfield Contract Representative and the Ashland Contract Representative shall confer
regarding the proposed fee for services and any other proposed Agreement revisions proposed by
either party.
4.2. If the parties, after negotiation, agree, an Agreement Modification that stipulates any and all
Agreement modifications shall be executed. The Agreement Modification shall be attached to this
Agreement.
Representatives. Each party shall appoint a Contract Representative to represent the party for the purpose
of extending this Agreement and giving or receiving any notices proVided for in this Agreement and to
perform such other functions as are set forth in this Agreement and the Exhibits hereto. The initial Contract
Representatives are named in EXHIBIT C, which is attached hereto and made a part hereof. A party may
change its Contract Representative by notifying the other party in conformance with the provisions of
paragraph 9. Ashland shall appoint an Ambulance Service Representative to perform the Ambulance
Service functions stated on EXHIBIT B. The initial Ambulance Service Representative named on EXHIBIT
C may be changed in the same way that Contract Representatives are changed. One person may serve in
both representative capacities, if that person meets the qualifications to perform both functions.
Status. In providing services specified in this Agreement (and any associated services), both parties are
public bodies and maintain the public body status as specified in ORS 30.260. Both parties understand and
acknowledge that each retains all immunities and privileges granted them by the Oregon Tort Claims Act
(ORS 30.260 through 30.295) and any and all other statutory rights granted as a result of their status as
local public bodies.
Indemnification. To the extent allowed by the Oregon Constitution and the Oregon Revised Statutes, each
of the parties hereto agrees to defend, indemnify, and save the other harmless from any claims, liability or
3.
4.
5.
6.
7.
EMS Account Services intergovernmental Agreement-City of Ashland
Page 1 of 7
Expires: June 30, 2009
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damages including attorney fees arising out of any error, omission or act of negligence on the part of the
indemnifying party, its officers, agents, or employees in the performance of this agreement.
Assignment. Neither party shall assign this contract in whole or in part, or any right or obligation
hereunder, without the other party's written approval.
Notices. Any notices permitted or required by this contract shall be deemed given when personally
delivered or upon deposit in the United State mail, postage fully prepaid, certified, and return receipt
requested, addressed to the representative designated in EXHIBIT C. Either party may change its address
by notice given to the other in accordance with this paragraph.
Integration. This Agreement embodies the entire agreement of the parties. There are no promises, terms,
conditions, or obligations other than those contained herein. This contact shall supersede all prior
communications, representations, or agreements, either oral or written, between the parties. This contract
shall not be amended except in writing, signed by both parties.
Interpretation. This Agreement shall be governed by and interpreted in accordance with the laws of the
state of Oregon
Modification. This Agreement or any of its Exhibits may be modified at any time by mutual consent of
parties. No change or modification of this Agreement or any of its Exhibits shall be valid or binding upon the
parties hereto unless such a change or modification is in writing signed by all the parties hereto.
Termination. Upon 180 days prior written notice delivered to the persons designated in EXHIBIT C, either
party, without cause, may terminate its participation in this Agreement.
Obligations upon Termination. Except for Default pursuant to paragraph 15, upon termination, Springfield
shall continue to perform all services set forth in EXHIBIT A for all ambulance incidents occurring prior to the
termination date except that instead of turning problem accounts over to a collection agency or small claims
court, these accounts shall be returned to Ashland for further processing. Upon completion of all services at
termination, Springfield shall return all books, accounts, and records to Ashland that relate solely to billing
accounts received from Ashland. After termination, Springfield shall have no obligation to render further
services for Ashland except that Springfield shall continue to forward payments received on Ashland
accounts to Ashland.
Default. In the event that Ashland shall fail to comply with any term or condition or fulfill any obligation of
this Agreement, Springfield may terminate the Agreement upon 30 days written notice to Ashland's Contract
Representative. In the event that Springfield shall fail to comply with any term or condition or fulfill any
obligation of this Agreement, Ashland may terminate the Agreement upon 30 days written notice to
Springfield's Contract Representative. Springfield shall turn over to Ashland all receipts, books, accounts,
and records in the possession of Springfield that relate solely to billing accounts received from Ashland. In
such event, Springfield shall have no obligation to render further services to Ashland except that Springfield
shall continue to forward payments received on Ashland's accounts to Ashland. The provisions of
paragraph 14 shall apply in connection with an Agreement termination made under this provision.
Waiver and Breach. The waiver by either party of any breach or violation of any provision of this
Agreement shall not be deemed a waiver of such term or condition in the future.
Attorney Fees. In the event of any action to enforce or interpret this Agreement, the prevailing parly shall
be entitled to recover from the losing party such additional sums as the court may adjudge for reasonable
attorney fees plus all costs and disbursements at trial, on any appeal, or upon review.
Notice of Adverse Action. Each party shall notify the other in writing, within five days of receiving any
written or oral notice of any adverse action naming or otherwise involving the other.
Severability. Invalidation of any term or provision herein by judgment or court order shall not affect any
other provision, which shall remain in full force and effect.
Force Majeur. Neither party to this Agreement shall be held responsible for delay or default caused by fire,
riot, acts of God, and/or war that are beyond that parly's reasonable control. Ashland may terminate this
Agreement upon written notice after determining such delay or default will reasonably prevent successful
performance of the Agreement.
Exhibits. Each Exhibit, if any, to this Agreement is made a part of this Agreement as though set forth fully
herein. Any provision of any Exhibit that is in contlict with any provision of this Agreement shall take
precedence and supersede the conflicting provision of this Agreement.
EMS Account Services Intergovemmental Agreement-City of Ashland
Page 2 of?
Expires: June 30, 2009
103 BY THE SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE BELOW, EACH PARTY ACKNOWLEDGES THAT
104 HE/SHE HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
105 CONDITIONS.
106 IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT.
107
CITY OF ASHLAND:
CITY OF SPRINGFIELD, OREGON:
Authorized Representative Signature
Authorized Representative Signature
Print Name
Brian Evanoff
Print Name
Title
Administrative Services Bureau Manager
Title
Date
March 26, 2008
Date
EMS Account Services Intergovemmental Agreement-City of Ashland
Expires: June 30, 2009
Page 3 of?
108 EMS Account Services Intergovernmental Agreement
109 EXHIBIT A
110 Springfield Services. Springfield agrees to perform the following services:
111 1. Perform billing and collection services under this Agreement on behalf of and in the best interests of Ashland
112 according to the policies, rates, schedules, and instructions established by Ashland.
113 2. Bill customers and/or insurance companies in a timely manner after receipt of completed patient billing
114 information from Ashland. Assist customers in the preparation of forms that are required by their insurance
115 companies.
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
3.
Appeal denials based upon medical necessity when documentation supports the need for services rendered
by Ashland.
Refer delinquent patient accounts to a collection agency, as appropriate.
Accept patient payments made with a VISA, MasterCard, Discover, or American Express credit cards.
Allow patients to pay their bills in installments when the patient meets criteria for.the installment plan option.
Transfer all funds collected on Ashland accounts, whether received within the Agreement period or
thereafter, to Ashland after the month-end posting has been completed, according to the payment
disposition instructions established by Ashland. The transfer of funds shall consist of all monies received by
Springfield on account of ambulance services provided by Ashland, excluding any sums overpaid by the
customer or third party payer that Springfield shall refund.
Springfield shall put Ashland's billing data on the same computer as its own billing data and shall taKe all
reasonable precautions to protect said data. Springfield shall not be responsible for loss of Ashland data, or
any damages or loss to Ashland resulting from said loss of data, if that loss of data results from
circumstances beyond Springfield's control.
Provide the following data on a monthly basis:
9.1. Amount billed (categorized by non-member and member)
9.2. Number of patients billed (categorized by non-member and member)
9.3. Amount collected (categorized by non-member, member, and collection recovery)
9.4. Amount of write-downs and write-offs
9.5. Refunds made for overpayments
9.6. Other adjustments
9.7. Accounts receivable balance
Cooperate in the development or alteration of mutually acceptable billing and collection policies, procedures,
practices, or forms.
Assist Ashland in the formulation of ambulance rate structures and fees.
Assist Ashland in the analysis and development of managed healthcare agreements.
Minimize Ashland's reporting requirements to as great an extent as is reasonably possible.
Meet with Ashland's designated representatives to discuss problems and performance as needed.
Provide reasonably necessary mutually agreed upon training to appropriate Ashland field and administrative
staff regarding the gathering of necessary information and proper completion of run reports.
Provide mutually agreed upon additional services for special purposes, or for work outside the normal scope
of this Agreement.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
EMS Account Services Intergovernmental Agreement-City of Ashland
Expires: June 30, 2009
Page40f7
148 EMS Account Services Intergovernmental Agreement
149 EXHIBIT B
150 Ashland Payment and Obligations. Ashland agrees to make payment and perform as follows:
151 1. Establish the policies, rates, schedules, and instructions for the billing of Ashland's patients and the
152 disposition of payments received for Springfield to use when providing services to Ashland. Ashland may
153 modify or revoke its policies, rates, schedules, and instructions, at its discretion.
154 1.1. Ashland agrees that the policies, instructions, rates, schedules, and payment disposition for
155 Springfield to use when providing services to Ashland shall be made in good faith and shall comply
156 with all applicable laws, rules, and regulations.
157 1.2. Ashland shall negotiate in good faith any impact that modifications or revocations may have on
158 Springfield's ability to provide the services listed in EXHIBIT A or upon the price per patient billed
159 as listed in EXHIBIT B, paragraph 13.
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
2.
Provide Springfield, in a mutually acceptable format, the necessary information and proper documentation
required to prepare and reach final adjudication of patient claims, to include:
2.1.
2.2.
3.
4.
5.
6.
7.
8.
9.
Ensuring that all ambulance service incident reports use mutually agreed upon report forms and
are completed according to the mutually agreed upon instructions of Springfield.
Obtaining appropriate patient encounter, demographic, financial, and insurance information as
required to process patient account.
Obtaining an appropriate patient or patient representative signature for all billable patients in a
mutually acceptable form or format. Springfield shall not be held responsible for billing or
collections on accounts without aforementioned signature.
Obtaining a signed Physician Certification Statement (PCS) of Medical Necessity for non-
emergency services as required. Springfield shall not be held responsible for billing or collections
on accounts without aforementioned PCS.
Providing indication of the ambulance membership status of billable patients to ensure that member
patients are billed according to their membership terms of agreement.
Forwarding reports and other billing information forms to Springfield in a timely manner.
Both parties agree that Springfield will make reasonable efforts to verify and/or obtain information
needed to process patient accounts; however, Springfield is not responsible for errors or omissions
when relying on information provided by Ashland.
Designate a single person in an administrative position to receive and evaluate all complaints by Ashland
officials and employees regarding Springfield's performance under this Agreement, and share the
information with the appropriate Springfield Representative in a timely manner.
Refer all citizen inquiries regarding their accounts to Springfield.
Cooperate to the greatest extent possible with Springfield in its efforts to perform the services described in
EXHIBIT A.
2.3.
2.4.
2.5.
2.6.
2.7.
Provide the following to Springfield at time of Agreement execution:
6.1. Medicare, Medicaid, and any other insurance provider numbers assigned to Ashland.
6.2. Copy of most recent Ambulance Service License issued by the Oregon Health Division.
6.3. Copy of letter 147C from the Intemal Revenue Service showing the legal name and tax
identification number or employer identification number for City of Ashland.
6.4. Power of Attorney to endorse payments received on behalf of, and payable to Ashland.
Minimize Springfield's reporting requirements to as great an extent as is reasonably possible.
Meet with Springfield's designated representatives to discuss problems and performance as needed.
Cooperate in the development or alteration of mutually acceptable billing and collection policies, procedures,
practices, or forms.
EMS Account Services Intergovernmental Agreement-City of Ashland
Page 5 of 7
Expires: June 30, 2009
194 10.
195
196
197
198 11.
199
200 12.
201
202 13.
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
Permit Springfield to review and comment on any contract or agreement that Ashland may enter into that
could affect ambulance fees, charges, or billing and collection practices. Negotiate in good faith any impact
that the above-mentioned contracts or agreements may have on Springfield's ability to provide the services
listed in EXHIBIT A or upon the price per patient billed as listed in EXHIBIT B, paragraph 13.
Provide a liaison in or with Ashland's communication and dispatch center to assist with the approval/denial
process for non-emergency ambulance transfers.
If desired, provide, at Ashland's expense, a local telephone number or toll-free long distance number that
will automatically forward calls to the Springfield Account Services office.
Pay Springfield for services rendered according to the following schedule:
13.1. For monthly patient account services provided to Ashland, the amount per patient billed on behalf
of Ashland as follows:
Ambulance Dates of Service Per Patient Billed Amount
July 1, 2005 through June 30,2008...................................$35.32
July 1,2008 through June 30,2009...................................$36.00
13.1.1. Amount due for monthly services rendered by Springfield will be invoiced monthly.
Invoices will be sent to Ashland as soon as possible after month-end patient statistics
have been computed and will list the number of patients billed and the amount due to
Springfield.
13.2. Pay Springfield additional billing and collection costs incurred by Springfield for special purposes,
or for work outside the normal scope of this Agreement, if Ashland approved such additional costs
before being incurred.
13.3. Other than the fees and charges for services rendered as described in this Agreement, Springfield
shall have no financial interest in, nor is its compensation related to, the amounts billed and/or
collected on behalf of Ashland, regardless of whether amounts were actually collected.
EMS Account Services Intergovemmental Agreement-City of Ashiand
Expires: June 30, 2009
Page 6 of 7
219 EMS Account Services Intergovernmental Agreement
220 EXHIBIT C
221 Representatives. As provided in paragraph 5, the following individuals are the designated representatives to
222 perform the functions set forth in this Agreement.
223
224
225
226
227
228
229
230
1.
Springfield Contract Representative
Brian Evanoff, Administrative Services Bureau Manager
Springfield Fire and Life Safety
225 North Fifth Street
Springfield OR 97477
Phone: 541-736-1019 FAX: 541-726-2297
e-mail: bevanoff@cLspringfield.or.us
231
232
233
234
235
236
237
2.
Ashland Contract Representative
Contact
Title
City of Ashland
Agency
455 Siskiyou. Blvd.
Address
238
239
240
241
242
243
Ashland OR 97520
City State Zip
541-482-2770
Phone
541-488-5318
FAX
E-mail
244
245
246
247
248
249
250
251
252
253
254
255
256
3.
Ashland Ambulance Service Representative
Contact
Title
City of Ashland
Age ncy
455 SiSkiyou. Blvd.
Address
Ashland OR 97520
City State Zip
541-482-2770
Phone
541-488-5318
FAX
E-mail
EMS Account Services Intergovernmental Agreement-City of Ashland
Expires: June 30,2009
Page 7 of 7
CITY OF
ASHLAND
Council Communication
Jackson County Supervising Physician Intergovernmental Agreement Renewal
Meeting Date: May 6, 2008 Primary Staff Cantact: Keith E. Woadley 552-2217
Department: Fire & Rescue E-Mail: waadleyk@ashland.or.us
Secondary Dept.: Finance Secandary Contact: Greg Case 552-2219
Approval: Martha Ben Estimated Time: Cansent Agenda
Question:
Does the Cauncil wish ta renew the Jacksan Caunty Supervising Physician Intergovernmental
Agreement far clerical support of the Supervising Physician Program?
Staff Recommendation:
Staff recommends renewal afthe Jacksan Caunty Supervising Physician Intergavernmental Agreement
for clerical suppart afthe Supervising Physician Program.
Background:
All ambulance services providers within Jackson County are required under OAR 333-265 ta have a
Supervising Physician licensed under ORS Chapter 677 who pravides direction af emergency medical
care pravided by emergency medical technicians with a licensed ambulance service. Currently, these
services are pravided by Dr. Paul Rastykus af Ashland. Clerical suppart far the Supervising Physician
Program is provided by a 0.25 FTE Office Assistant IV at the Jacksan Caunty Department of Health
and Human Services, and is financed through intergavernmental agreements with ambulance service
praviders. The City of Ashland share af maintaining the Jackson Caunty Supervising Physician's
Office is $1,532.00 annually. The services afthe supervising physician are pravided under a persanal
services agreement.
Related City Policies: (None)
Council Options:
Approve lOr deny renewal of the Jackson County Supervising Physician Intergavernmental Agreement
far clerical suppart afthe Supervising Physician Pragram.
Staff Recommendation:
Staff recommends approval of the Jackson Caunty Supervising Physician Intergavernmental
Agreement far clerical support of the Supervising Physician Program.
Potential Motions:
Motion to apprave or deny renewal of the Jackson County Supervising Physician Intergavernmental
Agreement for clerical suppart afthe Supervising Physician Program.
Attachments:
Jacksan County Supervising Physician Intergavernmental Agreement far clerical suppart afthe
Supervising Physician Pragram.
Page 1
Ambulance Operator's License Renewal
~~,
Intergovernunentali\greeunent
This agreement is between Jackson County acting by and through its Department of Health and
Human Services, hereinafter called "County", and the City of Ashland, hereinafter called "City". In
support of the Supervising Physician program both parties agree to the following:
1. Effective Date and Duration. This agreement shall become effective on the date in which
the last party has signed the agreement. Unless earlier terminated or extended this
agreement shall expire on June 30, 2009.
2. Stateunent of Work. The statement of work is contained in Exhibit A hereto'and by this
reference made a part thereof.
3. Consideration. City of Ashland will pay County $1 ,532.00 pursuant to this agreement. This
charge is a run fee of $0.51 and an EMT base fee of $6.50. This is a weighted fee based on
the level of the EMT. First Responders are weighted at 0.8 of the fee, EMT Basics are
weighted at 1.0, EMT Intermediates at 2.5 and EMT Paramedics at 4.0 of the base fee. In
consideration the County shall provide centralized clerical support in the fOlm of a 0.25
F.T.E. Office Assistant IV to the Supervising Physician program in Jackson County and all
necessary office supplies to carry out activities as outlined in Exhibit A. County agrees to
employ, supervise and provide directions to ensure successful work of this staff person.
4. i\ccess to Records. Duly authorized representatives of City of Ashland shall have access to
records concerning this centralized EMS clerical office and staff for this Supervising
Physician program.
5. Terunination. This contract may be terminated by the mutual consent of the parties, or by
either party upon thirty (30) days notice unless a shorter period is agree to by both parties.
Notice of termination shall be accomplished in writing, and delivered by certified mail or in
person.
6. Indeunnification. To the extent permitted by Article 11, Section? and Article 11, Section 10
of the Oregon Constitution and the Oregon Tort Claims Act, each party hereto agrees to
indemnify, within the limits ofthe Oregon Tort Claims act, and save the other harmless from
any claim, liability or damage resulting from any error, omission, or act of negligence on the
part of the indemnifying party, its officers, employees or agents in the perfornlance ( or
nonperformance) of its responsibilities under this Agreement, provided the parties will not
be required to indemnify the other for any such liability arising out ofthe wrongful act ofthe
other's officers, employees or agents.
Interagency Agreement-City of Ashland
7. HIP AA Compliance. If the work performed under this Interagency Agreement is covered
by the Health Insurance Portability and Accountability Act or the federal regulations
implementing the Act (collectively referred to as HIP AA), City of Ashland agrees to perform
the work in compliance with HIP AA. Without limiting the generality ofthe foregoing, ifthe
work performed under this Interagency Agreement is covered by HIP AA, City of Ashland
shall comply with the following:
(i) Privacy and Security of Individually Identifiable Health Information: City of
Ashland, it agents, employees and subcontractors shall protect individually
identifiable health information obtained or maintained about participants of City of
Ashland programs funded by this agreement from unauthorized use or disclosure,
consistent with the requirements of HIP AA. This Interagency Agreement may be
amended to include additional terms and conditions related to the privacy and
security of individually identifiable health information.
8. Merger Clause. This Interagency Agreement and attached Exhibit constitute the entire
agreement between the parties. No waiver, consent, modification or change ofterms ofthis
Interagency Agreement shall bind either party unless in writing and signed by both parties.
Such waiver, consent, modification or change, ifmade, 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. City of Ashland,
by signature of its authorized representative, hereby acknowledges that he/she has read this
Interagency Agreement, understands it, and agrees to be bound by its terms and conditions.
9. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS, AND
MAKING PAYMENTS. All notices, bills and payments shall be made in writing and may
be given by personal delivery or by mail. Notices, bills and payments sent by mail should be
addressed as follows:
Attn: City of Ashland
20 East Main St
Ashland, OR 97520
Jackson County
10 S Oakdale Room 208
Medford, OR 97501
And when so addressed, shall be deemed given upon deposit in the United States Mail,
postage prepaid. In all other instances, notices, bills, and payments shall be deemed given at
the time of actual delivery. Changes may be made in the names and addresses ofthe person to
whom notices, bills, and payments are to be given by giving notice pursuant to this
paragraph.
Interagency Agreement-City of Ashland
Dated this
Oregon.
Agency Signature / Title / Date
Interagency Agreement-City of Ashland
day of
, 2008 at Medford,
Danny Jordan Date
County Administrator
Exhibit A
Jackson County
Supervising Physician Clerical Support
Jackson County agrees to supervise, provide direction, and ensure successful work of a 0.25 F.T.E.
Office Assistant IV. The goal is to provide centralized clerical support for the Supervising Physician
program in Jackson County and specific coordinated emergency medical service functions.
Specific Activities
>- To maintain a phone access line and message system.
>- To maintain and update the Standing Orders for all EMS agencies as requested by the
Supervising Physician(s).
>- To maintain a Web page and Internet e-mail access.
>- To assure publication and distribution of an EMS newsletter.
>- To maintain attendance at peer reviews.
>- To maintain a listing of EMS educational activities.
>- To maintain EMT and First Responder training records provided by the County or the
Supervising Physician program.
>- To attend meetings, take and transcribe minutes of EMS/QAlMCI and other meetings as
assigned.
>- To provide general clerical support for the Supervising Physician(s).
>- To assist the Supervising Physician(s) in preparing for Peer Reviews.
>- To complete special projects as assigned.
>- To maintain records of correspondence of the Supervising Physician(s).
Interagency Agreement-City of Ashland
CITY OF
ASHL.AND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Ambulance Operator's License Renewal
May 6,2008 Primary Staff Contact: Keith E. Woodley 552-2217
Fire & Rescue E-Mail: woodleyk@ashland.or.us
Finance Secondary Contact: Greg Case 552-2219
Martha Benn Estimated Time: Consent Agenda
Question:
Does the Council wish to approve the Ambulance Operator's License renewal for Ashland Fire &
Rescue?
Staff Recommendation:
Staff recommends renewal of the Ambulance Operator's License for Ashland Fire & Rescue.
Background:
Ashland Municipal Code (AMC) Chapter 6.40.110 requires ambulance service providers operating
within the City of Ashland to apply annually for an ambulance operator's license. The fire department
has provided emergency services in Ashland since 1885. From 1926 to 1936, the fire department
operated the ambulance service in Ashland, and in 1936 the ambulance service was sold to Litwiller
Funeral Home. The fire department obtained its first medical response vehicle (Rescue 9) through
community donations in 1973, and began providing first response emergency medical services to the
community. In January 1996, the City of Ashland purchased the Ashland Life Support Ambulance
Company and Ashland Fire & Rescue began providing ambulance services within a 650 sq mile
ambulance service area in south Jackson County, known as ASA III. Ambulance services in Oregon
are regulated by county governments, and within the City of Ashland they are required to obtain an
ambulance operator's license. This license is renewed on an annual basis.
Related City Policies:
AMC Chapter 6.40.110
Council Options:
Approve or deny renewal of Ashland Fire & Rescue's ambulance operator's license.
Staff Recommendation:
Staff recommends approval of the ambulance operator's license renewal for Ashland Fire & Rescue.
Potential Motions:
Motion to approve or deny Ashland Fire & Rescue's request for an ambulance operator's license
renewal.
Attachments:
Ambulance license renewal application.
Page I
Ambulance Operator's License Renewal
r.,
CITY OF
ASHLAND
Memo
TO:
FROM:
DEPT:
RE:
DATE:
Martha Bennett, City Administrator
Keith E. Woodley, Fire Chief
Ashland Fire & Rescue
Annual Ambulance Service License Renewal
May 6,2008
In compliance with AMC 6.40.120, an inspection and test of all ambulance service vehicles,
equipment and fixed facilities has been completed as required for the annual renewal of the
ambulance service operator's license of Ashland Fire & Rescue.
All vehicles, equipment and facilities associated with the provision of ambulance services to
the City of Ashland have been found to be in compliance with ordinance requirements.
Ashland Fire & Rescue
455 Siskiyou Blvd.
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-482-2770
Fax: 541-488-5318
TTY: 800-735-2900
rA1
CITY OF ASHLAND
APPLICATION FOR AMBULANCE OPERATOR LICENSE
AMC Ch. 6. 6.40
Applicant's Name: CITY OF ASHLAND
Trade Name, if any: ASHLAND FIRE & RESCUE
Address: 455 Siskiyou Boulevard
Ashland OR 97520
Telephone number: (541) 482-2770
Ambulance descriptions Manufacturer Vin# License #
1. 1985 BRAUN BRAUN 1FDJE30L8FHA49888 EXEMPT
2. 1992 FORD WHEELED 1 FDJS34M4NHA34394 EXEMPT
COACH
3. 1992 FORD LIFELINE 1FDKE30M7PHA05945 EXEMPT
4. 1996 FORD LIFELINE 1FDKE30F8THA48282 EXEMPT
5. 1999 FORD LIFELINE 1 FDXE40F2XHA00469 EXEMPT
6. 2002 FORD LIFELINE 1FDXF47F63EA10341 EXEMPT
o Attach information showing that every proposed driver, attendant and driver-
attendant is qualified as required in Ashland Municipal Code Chapter 6.40 and as
required by the laws of the State of Oregon.
o Enclose with the application, the initial license fee of $300 plus $100 per ambulance.
o Enclose a performance bond in the amount of $500,000.
o Enclose an insurance policy meeting the requirements of AMC 96.40.110.7. Attach
additional pages as necessary. Explain any box not checked.
Submit your application and required enclosures to Barbara Christensen, City Recorder,
City Hall, 20 East Main Street, Ashland, Oregon 97520.
I certify that each ambulance listed above is adequate and safe for the purposes for
which it is to be used and that it is equipped as required by Ashland Municipal Code
Chapter 6.40 and the laws of the State of Oregon.
Signature:
Print name:
Title:
Date:
H:\ShipletD\Council\Council Communication\2008\May 5 and 6\050608 Ambulance License
Renewal.atch2.doc
May 16, 2003
ASHLAND FIRE & RESCUE
APPLICATION FOR AMBULANCE OPERATOR LICENSE
2008
First Level
Last Name Name MI Expires Empl Stat
Anders, Walt L. EMT -Basic 6/30/2009 PFT
Beck Todd E. EMT -Paramedic 6/30/2009 PFT
Boyersmith Steven P. EMT-Paramedic 6/30/2009 PFT
Burns W. EMT -Paramedic 6/30/2009 PFT
Case Greg I. EMT -Paramedic 6/30/2009 PFT
Cocke II II Robert C. EMT-Paramedic 6/30/2009 PFT
Earl William J. EMT - Paramedic 6/30/2009 PFT
Formolo Curt J. EMT -Paramedic 6/30/2009 PFT
Foss Justin EMT -Paramedic 6/30/2009 PFT
Freiheit Matthew E. EMT -Paramedic 6/30/2009 PFT
Hadden Jennifer A. EMT -Paramedic 6/30/2009 PFT
Hanstein David C. EMT -Paramedic 6/30/2009 PFT
Hickman Margueritte LR EMT -Basic 6/30/2009 PFT
Hollingsworth Scott M. EMT -Paramedic 6/30/2009 PFT
Knutson Brent A. EMT -Paramedic 6/30/2009 PFT
LaCoste Rod T. EMT -Paramedic 6/30/2009 PFT
Manning Donald R. EMT -Paramedic 6/30/2009 PFT
Martin Richard F. EMT -Paramedic 6/30/2009 PFT
Menold Lance W. EMT -Paramedic 6/30/2009 PFT
Rasor Marshall G. EMT -Paramedic 6/30/2009 PFT
Roselip David EMT -Paramedic 6/30/2009 PFT
Rosenlund Derek A. EMT -Paramedic 6/30/2009 PFT
Sallee Dana S. EMT -Paramedic 6/30/2009 PFT
Shepherd David G. EMT -Paramedic 6/30/2009 PFT
Stephens Robert W. EMT -Paramed ic 6/30/2009 PFT
Stoy John Trent EMT -Paramedic 6/30/2009 PFT
Stubbs Todd C. EMT -Paramedic 6/30/2009 PFT
Trask Robert EMT -Paramedic 6/30/2009 PFT
Turner Shannon W. EMT -Paramedic 6/30/2009 PFT
City of Ashland
Application for Ambulance Operator License
2008
Vehiclesl EQuioment Level
*as of 01-00-08
VEHICLES
MILEAGE TYPE LEVEL
Unit # Year Model License VIN# ALS/BLS
Shop #
Ford
8831 2006 Lifeline E233465 1 FDXF 4 7F06ED06467 32,844 1 ALS
552 F - 450
4X4
Ford
8832 2003 Lifeline E222273 IFDXF47F63EAI0341 90,342 1 ALS
462 F - 450
4X4
Ford
8833 1998 Lifeline E211465 IFDXE40F2XHA00469 121,736 3 ALS
364 E-450
4X4
Ford
8834 1996 Lifeline E198560 1 FDKE30F8THA48282 113,023 3 ALS
283 E-350
4X4
Ford
8835 1992 Lifeline E195689 IFDKE30M7PHA05945 88,392 3 ALS
133 E-350
4X4
Ford
8836 1993 Wheeled E186951 IFDJS34M4NHA3494 89,797 2 ALS
68 Coach
E-350
Council Communication
CITY OF
ASHLAND
Approval of a Public Works Contract in Excess of $75,000:
East Main Rail Crossing Improvement
Meeting Date:
Department:
Secondary Dept.:
Approval:
May 6, 2008
Public Works/Engineering
Finance
Martha Benn
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
James Olson, 552-2412
olsonj@ashland.or.us
Karl Johnson, 552-2415
Consent Agenda
Question:
Will Council, acting as the Local Contract Review Board, accept a bid from D. Britton Enterprises and
award a contract in the amount of $118, 156.16 for construction of the East Main Rail Crossing
Improvement Project No. 2005-15A?
Staff Recommendation:
Staff recommends acceptance of the bid and approval of
a contract to D. Britton Enterprises for construction of
the East Main Rail Crossing Improvement Project No.
2005-15A. The bid of$118,156.16 is $43,574 below the
engineer's estimate and is below budget allocations for
that project.
Background:
The rail crossing improvement project began on
November 1, 2005 with the approval of OBEC
Consulting Engineers to provide design services for five at-grade rail crossings within the City. The
crossings originally scheduled for improvement included:
1. East Main Street
2. Hersey / Laurel Street
3. Glenn Street
4. Oak Street
5. W alker Avenue
Needed improvements included new, smoother and more durable concrete crossing surfaces, widened
crossing widths to accommodate bicycle and pedestrian crossings and in some instances, installation of
automatic crossing gates. The crossing at Glenn Street was removed from the improvement list
following a public hearing held on December 4, 2007.
ODor Rail Division has agreed to fund the Oak Street crossing including replacement of the crossing
surface and installation of new automatic crossing gates. The final order for this work has been
transmitted to Central Oregon and Pacific Railroad and we are awaiting their implementation.
Page 1 of2
H:\ShipletD\Council\Council Communication\2008\May 5 and 6\050608 East Main Crossing.CC.doc
r.,
CITY OF
ASHLAND
An application for the improvement of the Laurel/Hersey crossing has been tentatively approved by
ODOT. We are waiting for the comment period to expire and expect the final order to be issued later
this month. ODOT has agreed to allow the Glenn Street crossing to function in its current state and will
not insist upon improvement or closure at this time.
The first of the crossings to proceed to construction is the East Main Street crossing. This project was
delayed for nearly a year while staff negotiated with an adjacent property owner for an easement to
allow the sidewalk to be constructed around the crossing gate standard. The easement was acquired last
month, the project plans and specification were finalized, and the project was advertised for bid.
BID INFORMA nON
Bids for the East Main Street Railroad Crossing Improvement Project No. 2005-15S were received and
opened on April 10, 2008 at 1 :30 PM. Five bids were received ranging from a low of $118, 156.16 to a
high of $191 ,420.00. A summary of the submitted bids is attached as well as a comparison of the unit
prices submitted by each of the five bidders.
The low bid, submitted by D. Britton Enterprises is $43,573.84 less than the Engineer's estimate of
$161,730 and just $4,745.84 less than the next bidder. D. Britton Enterprises has completed two prior
public works projects for the City and has done well on both projects.
Related City Policies:
AMC 2.50.015 Authority
Unless otherwise expressly authorized by these rules or by ordinance or order of the Council, all
contracts must be approved by the Council before they can be executed. The Council gives its approval
through its Consent Agenda which authorizes the Public Contracting Officer, his or her designee or the
contracting department to execute the contract. The Council may also execute contracts itself.
AMC 2.50.020 Public Contracting Officer's Authority
A. Authority to Execute Contracts without Prior Council Approval.
The Public Contracting Officer may execute without prior Council approval, contracts that
satisfy all of the following:
1. The contract has a total value of seventy-five thousand dollars ($75,000) or less;
Council Options:
Council can accept the low bid and award a contract to D. Britton Enterprises or may reject the bid for
cause.
Potential Motions:
Council may move to accept the low bid and award a contract to D. Britton Enterprises in the amount
of $118, 156.16; or, Council may move to reject the low bid for cause.
Attachments:
Bid Summary and Unit Price Comparison
Proposal
Contract
Page 2 of2
H:\ShipletD\Council\Council Communication\2008\May 5 and 6\050608 East Main Crossing.CC.doc
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CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
Contract made this day of May, 2008, between the City of
Ashland, ("City") and D. Britton Enterprises "(Contractor").
City and Contractor agree:
1. Contract Documents: This contract is made as a result of an Advertisement for Bid
issued by City for the East Main Street Railroad Crossing Project, Project Number 2005-015A.
Contractor was awarded the bid as the lowest responsible bidder. In the event of any
inconsistencies in the terms of this contract, the contract documents defined in the Advertisement
for Bid and Contractor's bid, this contract shall take precedence over the contract documents,
which shall take precedence over the bid. This contract and attached exhibits constitute the
entire agreement between the parties. No waiver, consent, or 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. Contractor, 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.
2. Scope: Contractor shall begin and complete the project described in the contract
documents within the time prescribed in the contract documents. The following exceptions,
alterations, or modifications to the contract documents are incorporated into this contract:
3. Price & Payment: City shall pay Contractor amounts earned under the contract. All
payments will be made at the times and in the manner provided in the contract documents.
4. Performance and Payment Bonds: Contractor shall, within five days after execution
of the contract and prior to doing any work under the contract, furnish bonds to the City of
Ashland in a form and with a surety satisfactory to City in the penal sum of $118,156.16
conditioned upon the faithful payment and performance of this contract upon the part of the
Contractor as required by ORS 279C.380.
5. Indemnification: Contractor agrees to defend, indemnify and save City, its officers,
employees and agents harmless from any and all losses, claims, actions, costs, expenses,
judgments, subrogations, or other damages resulting from 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 Contractor (including but not
limited to, Contractor's employees, agents, and others designated by Contractor to perform work
or services attendant to this contract.) Contractor shall not be held responsible for any losses,
expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and
approximately caused by the negligence of City.
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6. Insurance: Contractor shall, at its own expense, at all times during the tenn of this
agreement, maintain in force:
6.1 General Liability. A comprehensive general liability policy including coverage
for contractual liability for obligations assumed under this Contract, blanket contractual liability,
products and completed operations, owner's and contractor's protective insurance and
comprehensive automobile liability including owned and non-owned automobiles. The liability
under each policy shall be a minimum of $1 ,000,000 per occurrence (combined single limit for
bodily injury and property damage claims) or $1,000,000 per occurrence for bodily injury and
$100,000 per occurrence for property damage. Liability coverage shall be provided on an
"occurrence" not "claims" basis.
6.2 Worker's Compensation. 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.
6.3 Automobile Liability. Automobile liability insurance with a combined single
limit, or the equivalent, of not less than $1,000,000 for each accident for Bodily Injury and
Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable.
The City of Ashland, its officers, employees and agents shall be named as additional insureds on
each required insurance policy. Contractor shall submit certificates of insurance acceptable to the
City with the signed contract prior to the commencement of any work under this agreement.
These certificates shall contain provision that coverage afforded under the policies can not be
canceled and restrictive modifications cannot be made until at least 30 days prior written notice
has been given to City. 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
retentions and/or self-insurance.
7. Compliance with Law:
7.1. This contract will be governed by and construed in accordance with laws of the State
of Oregon. Contractor shall promptly observe and comply with all present and future laws,
orders, regulations, rules and ordinances of federal, state, City and city governments with respect
to the services including, but not limited to, provisions of ORS 279C.505, 279C.515, 279C.520
and 279C.530.
7.2. Pursuant to ORS 279C.520(2) any person employed by Contractor who performs
work under this contract shall be paid at least time and a half pay for all overtime in excess of 40
hours in anyone week, except for persons who are excluded or exempt from overtime pay under
ORS 653.010 to 653.261 or under 29 D.S.C. Sections 201 to 209.
7.3. Contractor is a "subject employer" as defined in ORS 656.005 and shall comply with
ORS 656.017. Prior to commencing any work, Contractor shall certify to City that Contractor
has workers' compensation coverage required by ORS Chapter 656. If Contractor is a carrier
insured employer, Contractor shall provide City with a certificate of insurance. If Contractor is a
self-insured employer, Contractor shall provide City with a certification from the Oregon
Department of Insurance and Finance as evidence of Contractor's status.
7.4. 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 Contractor that arises from or
relates to this contract shall be brought and conducted solely and exclusively within the Circuit
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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. Contractor, by
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.
8. Default: A default shall occur under any of the following circumstances:
8.IIf the Contractor fails to begin the work under contract within the time specified,
or fails to perform the work with sufficient workers or equipment or with sufficient materials to
insure the prompt completion of the project, or shall neglect or refuse to remove materials or
perform anew such work as shall be rejected as defective or unsuitable, or shall discontinue the
prosecution of the work.
8.2 If the Contractor shall become insolvent or declared bankrupt, or commit any
act of bankruptcy or insolvency, or allow any final judgment to stand against the Contractor
unsatisfied for a period of forty-eight (48) hours, or shall make an assignment for the benefit of
creditors.
8.3 From any other cause whatsoever, shall not carryon the work in an acceptable
manner.
8.4 Contractor commits any material breach or default of any covenant, warranty,
certification, or obligation it owes under the Contract;
8.5 Contractor loses its QRF status pursuant to the QRF Rules or loses any
license, certificate or certification that it required to perform the Services or to qualify as a QRF;
8.6 Contractor attempts to assign rights in, or delegate duties under the Contract.
9. Remedies: In addition to the rights and remedies to which the City may be entitled by
law for the enforcement of its rights under this contract, City shall have full power and authority,
without violating this contract, to take prosecution of the work from the Contractor, and
appropriate or use any or all of the materials and equipment on the ground that may be suitable
and acceptable and may cause a contract for the completion of this contract according to its terms
and provisions, or use such methods as required for the completion of the contract, in any
acceptable manner. All costs and charges incurred by the City together with the costs of
completing the work under the contract, shall be deducted from any money due or which shall
become due the Contractor. In case the expense so incurred by the City shall be less than the
sum which would have been payable under the contract if it had been completed by the
Contractor, then the Contractor shall be entitled to received the difference less any damages for
delay to which the City may be entitled. In case such expense shall exceed the sum which would
have been payable under the contract, the Contractor and the surety shall be liable and agree to
and shall pay the City the amount of the excess with damages for delay of performance, if any.
10. Termination:
10.1 Mutual consent. This contract may be terminated at any time by mutual
consent of both parties.
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10.2 City's Convenience. This contract may be terminated at any time by City
upon 30 days' notice in writing and delivered by certified mail or in person.
10.3 For Cause. City may terminate or modify this contract, in whole or in part,
effective upon delivery of written notice to Contractor, or at such later date as may be established
by City under any of the following conditions:
a. 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;
b. 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
c. If any license or certificate required by law or regulation to be held by
Contractor to provide the services required by this contract for any reason denied,
revoked, suspended, or not renewed.
lOA For Default or Breach.
a. Either City or Contractor 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 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.
b. Time is of the essence for Contractor's performance of each and every
obligation and duty under this contract. City by written notice to Contractor of
default or breach, may at any time terminate the whole or any part of this contract if
Contractor fails to provide services called for by this contract within the time
specified herein or in any extension thereof.
c. The rights and remedies of City provided in this subsection (lOA) are not
exclusive and are in addition to any other rights and remedies provided by law or
under this contract.
10.5 Obligation/Liability of Parties: Termination or modification of this
contract pursuant to subsections 10.1, 10.2, 10.3 and lOA above shall be without prejudice to any
obligations or liabilities or 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 10.1, 10.2, 10.3 and lOA of this section, Contractor shall immediately
ceased all activities under this contract, unless expressly directed otherwise by City in notice of
termination. Further, upon termination, Contractor 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 Contractor for work performed prior to the termination
date if such work was performed in accordance with the Contract.
11. 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. Contractor 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
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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 Contractor, with no further liability to Contractor.
12. Prevailing Wage Rates: The Contractor shall pay a fee equal to one-tenth of one percent
(0.1 percent) of price of this Contract. The fee shall be paid on or before the first progress
payment or 60 days from the date work first begins on the Contract, whichever comes first. The
fee is payable to the Bureau of Labor & Industries and shall be mailed or otherwise delivered to
the Bureau at the following address:
Bureau of Labor & Industries
Wage & Hour Division Prevailing Wage Unit
800 N.E. Oregon Street #32
Portland OR 97232
The Contractor shall fully comply with the provisions of ORS 279C.800 through 279C.870
pertaining to prevailing wage rates.
13. Living Wage Rates: If the amount of this contract is $17,342.00 or more, and
Contractor is not paying prevailing wage for the work, Contractor must 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 work under this contract. Contractor must post the attached Living Wage *- notice
predominantly in areas where it will be seen by all employees. .
14. Assignment and Subcontracts: Contractor shall not assign this contract without the
written consent of City. Any attempted assignment without written consent of City shall be void.
Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors
and of all persons employed by them, and the approval by City of any assignment or subcontract
shall not create any contractual relation between the assignee or subcontractor and City.
Contractor may not substitute any subcontractors from the submitted list of First-Tier
Subcontractor Disclosure Form without written consent of the City, or by following the
procedures ofORS 279C.585 and OAR 137-049-0360.
15. Governing Law; Jurisdiction; Venue: This contract shall be governed and Gonstrued 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 Contractor 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. Contractor, 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
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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. MERGER CLAUSE: 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
WANER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE
ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GNEN.
THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENT A TIONS, ORAL
OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONTRACTOR, 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.
16. Prior Approval Required: Approval of the City of Ashland Councilor Public Contracting
Officer is required before any work may begin under this contract.
CONTRACTOR
CITY OF ASHLAND
By:
By:
Signature
Lee Tuneberg
Finance Director
Printed Name
Title
REVIEWED AS TO CONTENT:
By:
Department Head Date:
Its:
REVIEWED AS TO FORM:
Company Name
By:
Address:
Legal Department Date:
Coding:
(For City use only)
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Page 6 of 6
D. BRITTON ENTERPRISES
PROPOSAL
Mayor & City Council
Ashland, Oregon
The undersigned Bidder declares that the Bidder has received, read and understood al]1 bid
documents; received, read and understood all addenda; the Bidder has taken no exceptions other
than those clearly stated in this proposal; the Bidder will be liable for increased costs (andl
attorney fees) for retaining a replacement bidder if the undersigned Bidder is awarded the
contract but refuses to sign the contract; the Bidder has examined the plans and specifications,
has visited the site, and made such investigation as is necessary to detennine the character of the
materials and conditions to be encountered in the work and that if this Proposal is accepted, the
Bidder will contract with the City of Ashland, Oregon for the construction of the proposed
improvement in a fonn of contract contained in the bid documents, will provide the necessary
equipment, materials, tools, apparatus, and labor, in accordance with the plans and specifications
on file at the City Engineering Office, Ashland, Oregon, under the following conditions:
1. It is understood that all the work will be perfonned under a lump sum or unit price
basis and that for the lump sum or unit price all services, materials, labor, equipment, and all
work necessary to complete the project in accordance with the plans and specifications shall be
furnished for the said lump sum or unit price named. It is understood that the quantities stated in
connection with the price schedule for the contract are approximate only and payment shalll1e
made at the unit prices named for the actual quantities incorporated in the completed work. If
there shall be an increase in the amount of work covered by the lump sum price, it shall bl~
computed on a basis of "extra work" for which an increase in payment will have been earned and
if there be a decrease in the lump sum payment, it shall be made only as a result of negotiation
between the undersigned and the Owner. Furthermore, it is understood that any estimate with
respect to time, materials, equipment, or service which may appear on the plans or in the
specifications is for the sole purpose of assisting the undersigned in checking the undersig;ned's
own independent calculations and that at no time shall the undersigned attempt to hold thf~
Owner, the Engineer, or any other person, firm or corporation responsible for any errors or
omissions that may appear in any estimate.
2. The undersigned will furnish the bonds required by the specifications and comply
with all the laws of the Federal Government, State of Oregon, and the City of Ashland which are
pertinent to construction contracts of this nature even though such laws or municipal ordinances
may not have been quoted or referred to in these specifications.
3. All items for the contract for which forms are provided in the bid documents have
been completed in full by the showing of a lump sum price or prices for each and every item and
by the showing of other information indicated by the proposal fonn. The undersigned submits
the unit prices set forth as those at which the bidder will perform the work involved. The
extensions in the column headed "Total" are made up for the sole purpose of facilitating
comparison of bids and if there are any discrepancies between the unit prices and the totals
shown, the unit prices shall govern.
East Main St RR CroSSing
March 3. 2008
4
4. The undersigned agrees that the '"Time of Completion" shall be as defined in the
specifications and that the bidder will complete the work within the number of consecutive
calendar days stated for each schedule after "Notice to Proceed" has been issued by the Owner.
Bidder furthermore agrees to pay as liquidated damages, for each calendar day
thereafter, the amounts shown in Subsection 00 180.50 of the Special Provisions, for each day the
project remains incomplete.
'i The undersigned, as Bidder, acknowledges that addendum (addenda) numbered .-L.
through --L- have been received by the bidder and have been examined as part of the
contract documents.
6. The undersigned, as Bidder, acknowledges that provisions of ORS 279C.800 relating
to workers on public works to be paid not less than prevailing rate of wage shall be included in
the contract.
7. Instructions for First-Tier Subcontractors Disclosure. Bidders are required to disclose
information about certain first-tier subcontractors (those subcontractors contracting directly with
the bidder) when the contract price exceeds $75,000 (see ORS 279C.370). Specifically, when
the contract amount ofa first-tier subcontractor is greater than or equal to: (i) 5% of the project
bid, but at least $15,000, or (ii) $350,000 regardless of the percentage, you must disclose the
following information about that subcontract within two working hours of bid dosing:
7.1 The subcontractor's name and address;
7.2 The subcontractor's Construction Contractor Board registration number, if one is
required, and;
7.3 The subcontract dollar value.
If you will not be using any subcontractors that are subject to the above disclosure requirements,
you are required to indicate "NONE" on the form.
THE CITY MA Y REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE
FORM WITH THIS INFO~\1A TION WITHIN FOUR HOURS OF BID CLOSING.
To detennine disclosure requirements, the City recommends that you disclose subcontract
information for any subcontractor as follows:
I) Determine the lowest possible contract price. That price will be the base bid amount less
all alternate deductive bid amounts (exclusive of any options that can only be exercised
after contract award).
2) Provide the required disclosure information for any first-tier subcontractor whose
potential contract services (i.e., subcontractor's base bid amount plus all alternate
additive bid amounts, exclusive of any options that can only be exercised after contract
award) are greater than or equal to: (i) 5% of the lowest contract price, but at least
$15,000, or (ii) $350,000 regardless of the percentage. Total all possible work for each
subcontractor in making this determination (e.g., if a subcontractor will provide $15,000
worth of services on the base bid and $40,000 on an additive alternate, then the potential
Ea~l Main 51. RR Crossing
March 3. 2008
5
amount of subcontractor's services is $55,000. Assuming that $55,000 exceeds 5% of the
lowest contract price, provide the disclosure for both the $15,000 services and the
($40,000 services).
The disclosure should be submitted on the following form:
Ed~,l M",n ;'t RR Crossing
March 3. 2008
6
City of Ashland
ARST-nER SUBCONTRACTOR DISCLOSURE FORM
(As Required by ORS 279C.370 and OAR 137-049-360)
EAST MAIN STREET RAILROAD CROSSING
PROJECT 2005-015A
Bid Closln Date: 110,2008
NAME OF SUBCONTRACTOR I' CATEGORY OF WORK
1. ~;I"'\"Lew ~I("\~~C -t+ 59q~
:l.::f~ 0 E:. '0'c..V-.. 51r~ OiliJ I ('\~
U9 \\~ \ oR-. 11 S':2 0 -\ ()
2. s P fY' '\ .;...J::- t+ n....c;
II QctS SLu Sl.~v.s~I";~ ~'i C 1- ". ........ \3 ~II
-r \-{~\ CI..+ if', on. "9', ob.::L .;:) r ' p. ('\2;-
3 e.C,.:)\loC:>~~Cvn<s~~ -4-1S'9(,2.~
~ 060 x 3'51"1 n -., C'L .
r .........,..I.. r~ f n .,......4 . ('Vi? C} I :)Cl:;L '-.:J...) ("\ ~
<4
o "- 'j't I +Cor." t ",-<-he.- W-- c It I~ J J J
5 ~21hg'P~?,"D'IZ.q/502. G"\..LOr6ro.:l \ S;j0c:.
H t::> I-\- E: Y"\ '5' ~ . SunJ
~9]-k!?~~.~~~e(~5....k-ao2- ~ ~'S €-'-/
6 S~ ~-e{~;1'" ~:,::>on0-f n . ~ 531 ~7
~o)~ t'.N.-Gr~~c\ \~k,<"\\("'I~ W~
7 14 0 ~.~ Q......-- \ C:IL . en 5~7
8
9
10
. Attach additiOnal pages if needed.
II DOLLAR VALUE I
S ID I bq~"CXl
q Io,CJ.5'o.oO
j l~, Yb~"SO
i 3, L~8 ()(j
'$.:2 ,330.00
$ LI\~\ d,.l.oo
7
BID SCHEDULE - REVISED 3131/2008
EAST MAIN STREET RAILROAD CROSSING
Project No. 200S-01SA
APRIL 10, 2008
ITEM
NO. ITEM UNIT QUANTITY UNIT PRICE TOTAL
10 Mobilization Lump Sum All Lump Sum $ -13. coo. 00
20 Temporary Protection and Direction of Traffic lump Sum All lump Sum $ 31606 dc)
30 Temporary Signs Sq. Ft 224.0 $ l."/o $ 11500'80
40 Flaggers Hour 250 $ Y5 .00 $ \ \ 1 :150. 0 0
50 Erosion Control lump Sum All Lump Sum $ ',:l50.00
60 Inlet Protection Each 5 $ 5000 $ ;LSo.oo
70 Sediment Fence, Unsupported Fl 92.0 $ '3.00 $ ~'lls..oo
80 Pollution Control Plan Lump Sum All Lump Sum $ :2.,00. do
90 Removal of Structures and Obstructions Lump Sum All Lump Sum $ l...fIV~5 .C'::O
100 Removal of Guardrail Lump Sum All Lump Sum $ :::< 50.00
110 Removal of Pipes Fl 10.0 $ 'J..5 00 $ 25D.00
120 Removal of Curbs Ft. 135.0 $ '3.'35 $ 519./5
130 Removal of Walks and Driveways Sq. Yd. 37.0 $ \Y.D5 $ 519.~S
140 Removal of Inlets Each 2 $ 'J.SD.OO $ 500.0D
150 General Excavation Cu. Yd. 300.0 $ ~3n5 $ L.j I I :>. 5' DC>
160 12 Inch Subgrade Stabilization Sq. Yd. 100.0 $ \ \ . So $ \. \ \ 50.00
170 Subgrade Geotextile Sq. Yd. 535.0 $ 1.00 $ 53500
180 8 Inch Ductile Iron Pipe, 5 Fl Depth, With Class B
Backfill Ft 77.0 $L{1...~5 $ "3 I Ie. 01 'i S
190 8 Inch Ductile Iron Pipe, 5 Fl Depth. With Class E
BackfiH Fl 50.0 $ L,S .bo $ 31~60.C>D
200 12 Inch storm Sewer Pipe, 5 Fl Depth Fl 14.0 $ YD. 00 $ '5~O.OO
210 18 Inch storm Sewer Pipe, 5 Fl Depth Ft 120.0 $ 50.'12. $ 1.., OSD.ljo
220 Concrete Inlets, Type 2-1/2 A Each 1 $ l, D15.00 $ \, 015 00
230 Concrete Inlets, Type D Each 1 $ ~cO{)D $ 9 00. DD
240 Concrete Inlets, Modified Each 2 $ \,~rsoo $ ?-I 550.00
250 Concrete Storm Sewer Manholes Each 1 $ k15olJO $ \ ,:>.50.00
260 Adjusting Boxes Each 3 $ ISo eo $ ~ 5 D 00
East Main Sl RR Crossing
March 3. 2008
8
BID SCHEDULE - REVISED 3131/2008
EAST MAIN STREET RAILROAD CROSSING
Project No. 2ooS..o1SA
APRIL 10, 2008
270 Connection To Existing Structures Each 1 $ :L5o.~ $ ~SO.OO
280 Filling Abandoned Structures Each 2 $ lc,Sa.~ $ \ ,30D .6b
290 Trench Resurfacing Sq. Yd. 30.0 $ :;t\ .c~ $ l, 30.00
300 Pedestrian Rail Lump Sum All Lump Sum $ ~Soo.<<D()
310 Retaining Wall, Masonry Sq.Ft 102.0 $ y? :-7~ $ ~ 13(..3. S(p
320 Aggregate Base Ton 330.0 l'i,,>>i $ f.:a;:l:1i> l 0
L.,... 1..11
330 Level 3, 1/2 Inch Dense HMAC Mixture Ton 135.0 $~~ $ \ o,'Y(5.o0
340 Asphalt Walks Sq. Yd. 15.0 S~~ S 5:l.~. 00
350 Curb and Gutter Concrete Curbs Fl 176.0 $ "J..5. c~ $ Y I tt 00 00
360 Concrete Walks Sq.Fl 1,065.0 $ , .:2..~ $ "'1, t.~~ .00
370 GuardraH, Type 3 Ft 19,0 S~Ob sJ,9oo'oo
380 Guardral End Pieces, Type B Each 2 s~~ S :1.\0.0<:)
390 Pavement Legend, Type B: Bicycle Lane Symbol Each 1 S 1300.00 $ 500.00
400 Pavement Line, Type A Sq, Fl 255,0 $ 13,Q2- $ 3.'S57.:l..S
410 Painted Permanent Pavement Striping Fl 380.0 $ '7. l.,~ $ 'J.,9 0'1. DO
420 Remove and Reinstall Existing Signs Lump Sum All Lump Sum $ :t50.0D
430 Pipe Sign Posts Lump Sum All Lump Sum S 500 .CO
440 Type "W1" Signs In Place Sq. Fl 10.0 s~'O SJ'lODO
450 Type "Y1" Signs In Place Sq.Fl 32.0 s-'1,00 $ 5YLj.oo
460 Lawn Seeding Sq. Yd. 16.0 S \:l... So $ :l..oo 00
470 Rock Mulch Ton 9.0 5 :1.5,,00 $ ~:tSOO
480 Removing and Rebuilding Fence Fl 15,0 5 :lo"oo $ 300,00
490 Temporary Chain Link Fence Ft 24.0 $ S.oo $ \":to .00
500 Biofilter Bags Each 6 $~~ 5c:'0.00
510 Construction Survey Work Lump Sum All Lump Sum S '.:l. ,500 .oc
TOTAL OF BID ITEMS (IN WORDS)
TOTAL OF BID ITEMS $ Jig I 1 51.:,. Il.c
o fU... \-w~ j ~;:s h~...... +N>I.I..6Clr"'\d
$ o~ h,""",~ -Ft~+-'/ S;'IL OLl l\~r<;'
~r->..6 .s; ~ ~ ~-\-.s
East Main St. RR Crossing
March 3. 2008
9
The City reserves the right to reject any and all bids, waive formalities, or accept any bid which
appears to serve the best interests of the City in accordance with ORS 279C.395.
The foregoing prices shall include all labor, materials, equipment, overhead, profit,
insurance, and all other incidental expenses to cover the finished work of the several kinds called
for. The total of all bid items is to be shown in both words and figures. In case of discrepancy,
the amount shown in words wilt govern.
Upon receipt of written notice of the acceptance of this bid, Bidder shall execute the
fonnal contract attached within ten days, deliver surety bond or bonds as required, and deliver
required proof of insurance. The bid security attached in the sum of five percent of the total
price for the bid or combination of bids is to become the property of the Owner in the event the
contract and bond are not executed within the time above set forth as liquidated damages for the
delay and additional expense to the Owner caused thereby.
Additionally, upon written notice of the acceptance of the bid, Bidder shall enter into
agreement with Central Oregon & Pacific Railroad (CORP), which is included below, to work in
the right-of-way owned by CORP, within ten days.
The Bidder is i or is not
a resident Bidder as defined in ORS 279A.120.
o ~r. +40("'\ f" -k r p r. ~~ .Ji-y-.C.
Firm Name of Bidder
c.2R~ ~~'---
Signature of Bidder
'~~-J)I-e Br. ~
Printed Name of Bidder
Qrof'S; J~{'\. +
Official Title
Ore S<Y""
State of Incorporation
~\2~1
CCB Number
Dated this
~
l).
day of A r r. \
Gr, t+o~-. 1'04e("P~'~"JI~
:.2o..l h.c:. u. e r l....J C\...~
G IL,('-\~ p~~. oR. ~J$....).~
S '1/ -Lf j9 '-1/ J'-f
2008.
Name of Bidder
Address
Telephone No.
East Main 51. RR Crossing
March 3. 2008
10
BID BOND
We, the undersigned, D. Britton Enterprises, Inc. as
Principal, and Indemnity Company of California as Surety,
are held and firmly bound to City of Ashland, Oregon as OWNER, in the penal sum of ('I)
for the payment of which joint! y and severally bind ourselves, our successors, and
assigns. (1) five percent (5%) of the total bid amount
Signed this 7th
day of April , 20~.
The condition of the above obligation is such that whereas the Principal has submitted to the City
of Ashland, Oregon, a certain BID, attached and made a part of this BOND, to enter into a
contract in writing, for the proposal of the East Main Street Railroad Crossing.
NOW, THEREFORE,
(a) If this BID shall be rejected, or;
(b) If this BID shall be accepted and the Principal shall execute and deliver a contract
in the Form of Contract attached (properly completed in accordance with the BID)
and furnish a BOND for the faithful performance of the contract, and for the
payment of all persons performing labor or furnishing materials in connection
with the contract, and shall in all respects perform the agreement created by the
acceptance of the BID, then this obligation shall be void, otherwise the same shall
remain in force and effect; it being expressly understood and agreed that the
liability of the Surety for any and all claims under this BOND shall, in no event,
exceed the penal amount of this obligation' as stated.
The Surety, tOr value received, stipulates and agrees that the obligations of the Surety and
its BOND shall be in no way impaired or affected by any extension of the time within which the
OWNER may accept such BID; and the Surety waives notice of any such extension.
D. Britton Enterprises, Inc.
(L.S.)
Principal BY'..":) I... \ }-:A..... () r. \....--
Indemnity Compa?v of California
Surety '.' /
" I
/ I',. .
.1ul1 t:I. G
,.
By:
IMPOR ANT - Surety companies executing BONDS must appear on the Treasury
DepartJ.nenCs most current list (Circular 570 as amended) and be authorized to transact business
in the State of Oregon.
E""t M"in St. RR Cm!:~jno
M"r"h:l XlOA
"11
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 1972S.1RV1NE. CA 92623 (949) 263-3300
KNOW All MEN BY '!1iESE PRESENTS, thal as except as expressly Inited, DE\IEl.OPERS SURETY AND I~ITY COII'ANY and INDEMNITY COt.f'ANY OF CAliFORNIA, do
each, hereby make. conslilule IIld appoint
**Kenneth A. Coate, Julia B. Gladding, jointly or severally***
as thei" true and IawfuIAIIDmey(s}.fl.Fact. to make, exeaJte. delver and actnowIed;e,lor nI on behaf It said caporations. as SlRlIes. bonds. UIlCIertakP;s and contacIs It SlR!lr-
sh" giWYJ and granting unto said AlIl:wney(s)-ln-fact fuI pllllIet and d10rty III do and III perbm tNWY act necesslI'Y.1'eqlisb or IlIOI* III be done in conneclIon IherewIlh as each It
said c:orporalions ccuId do, but reseMng III eacIIlt said corpotallons CuI powet 01 substilulion and revocaIIon, and allt ltle ads It said Allllmey(s)-ln-fact, 11lXSllM11ll lh8se presents,
are heI8by nded and con&med.
ThIs Power It Altomey Is p1I8d and is signed br facsimIe LIlder and by IIlIlOI'IIy It !he fcIIoIMng resolJIons adop1!d by the respectI\Ie Bo8rd It Dnclors (I DEVElOPERS SURETY
AND INoe.tlITY COf.I'ANY and lNDEMNITY eot.fWff Of CALIFORNIA. dlldlw IS It .larIlaIy 1st, 2008.
RESOlVED. that Ihe chaIrrn<wI 01 the BoMl. the Presldent and Inf lice PresldenIIt the corp<n6on be. and thalllllCh at him hereby is. au1hcri2ed to exeo..de Powers It
AlIorney, quaIfyi1g the atlomey(s) named In the Powers It M1xnI1f to execul8, on behaI at IIle cxrporations, bords. underlakIng$ and conll'llCt3 at SU'elyshq); and ltlaIthe Secr8l!wy Of
any AssIstanI Seaelary It the c:orpcnIlons be, and ead1 It 1hem h<<eby Is, IUlhorized III aIIe$lltle ex8OJIon It I1trf such Power 01 AlIaney.
RESOlVED, FURTHER, thai the sIgnalns at such ol'Bcets may be aI'bed III any such Power It ~ or 10 I1trf cellIbIe rel8tIng thereto by facslrTje, and any such
Power It Abrttrt or cerlIficale baari1g such facsllIH slgnatns shliI be valid and blndilg upon lhe oorporaIIons ~ $0 a'lixed. and i1 the Mure wi1h respect to Itrf bond, undel1aking
or con1ract cI SlnIyshIp III whlch lis atI3ched.
IN WITNESS WHEREOF. DEVElOPERS SURETY AN!) IHOB.tIITY COt.f>ANY and IN08.tlITY CC>>.FANV Of CAUFORNlA have SIMnIy caused lhese presents to be slgned by
ltlelr respcldIYe lice President and aII8sted by tIW respec;lIw AssIsbri SeaeIllry Ills J-.ury 1st, 2008.
By. ~ V (;2z;
~~~-
Cha1esl ~.AssIstant ~
State 01 Caifomla
County at OrInge
On
January 1 sI, 200lI
Date
before me,
ClvIsltlIlher J. Road1. Notary PubIc
Hfn Insert Name and T1lIe It lhe 0flIcer
Stephen T. PlIle ald ClIarIes l Day
~s) It Si,jner(s)
persooaIy appe.nd
who proved III me on the basis It SIIisI'acllIy evidence III be lhe person(s) whOse IlIl1Ie(s) lsIare SIbsaIled III
lhe wtiI ilstrurtIIn IIld ac.tIIOIIledged III me lhat Il6'sheIIlIy llXICUlIld lhe _in ~ aulhorIzed
~~ and IIIIl by hl!o'hedIIeIr signalln{s) on ltle Inslnm!nr the person(s), or lhe enlIty upon beh8f It
wlicI1lhe person(s) aetIld. llll8ClllId lhe insNneIt.
I certfy I.Ilder PENAlTY Of I'ERJUR'( LIlder ltle _It ltle Slal8 It CalIfonja lhallhe foregoi1g pngnipll is
Irue a'Id c;cmd.
'MTNESS my !land ~ ~
SlgIIIbe .~~~
CERTIFICATE
The uncIersigned. as Asslslant SeaellIry, It DEVElOPERS SURETY ANO KlBHI'Y COt.f>ANY and INIBtmy COWANY OF CAlIFORNIA. does hereby cer1ify
thalthe foIegolng P_ at AltlJmey remains in U bee lIl1d has not been rewoted. and f1Itln1or8, flit lhe pnMsIans oIltle resoIuIcns at lit mspedlwe eons It 0Wedln It said
COlpOOlllollS SIt forlh in the Powet at AIl.orney, are in forte as It lhe dlIla at Ills CeI1ibIa.
PIact Notary Sell Above
Thls CeI1ibIlIIs l!X!alIed klltle CIIy It IMne, ~ lhe 7 th dI1t It Ap r il .2008
~~~/
........ A.ItMrt HiIelirancl. AssIsIari
I[)'1380(WeQ(Rev.07IOn
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~~~~~~~~~~~~~~~.&'~~,a-...ffl:'~~~..cr~.(X'~-C(
State of California
County of Riverside
APR q 7 2006
On
before me,
Dale
personally appeared Julla B. Gladding
}
Michele M. Qualls; Notary Public
Here Insert Name and Tolle of lhe 0t1;ce,
Name(s) of Sogner(s)
Me. l
COMM. #1704204
NOTARY PUBLIC. CAliFORNIA
RIVERSIDE COUNTY
My Comm Expires Nev 11.2010
who proved to me on the basis of satisfactory €!vidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/shelthey executed the same in his/her/their authorized
capacity(ies), and that by hislher/their signatum(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNES,S my hand and off!cial seal.. , ,\ .
'J 1 \ (\ \ \ r \ r \. I \ \ \ \ .
Signature \. ~, . '\ '-- '. ,,' l l
SignaRJre of Notary PublIC
OPTIONAL
Place Notary Seal Above
0,( \. J
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Number of Pages:
Capaclty(ies) Claimed by Signer(s)
Signer's Name:
CJ Individual
Corporate Officer - Title(s):
Partner - [J Limited :J General
= Attorney in Fact
CJ Trustee
Guardian or Conservator
Other:
L~
Signer Is Representing:
Signer's Name:
:1 Individual
C Corporate Officer - TrUe(s):
c.::: Partner - ::=;. Limited C General
= Attorney in Fact
C Trustee
= Guardian or Conservator
== Other:
f1IlilH TH!Jl.1BPf'ilNf
(',f SIGNer!
~op of thumb here
I
L
Signer Is Representing:
~~~~~~~~~~~~~~~~"'Wv~~~~~~~~~~
C2007 National Notary Assooat.on. 9350 De SolO AWl . PO eo. 2402 'Chals'NOr1h. CA g, 3,}-2402' WW'HNaoonalNorary.a'1l Item ~907 Reoro." Gail T",,"f,.., , .80().876.6827
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Approval of a Public Contract Greater Than $75,000 for
Waste Water Treatment Plant Chemicals
May 6, 2008 Primary Staff Contact: Jim Olson
Public Works E-Mail: olsoni@ashland.or.us
Secondary Contact: David Gies
Estimated Time: Consent Agenda
Martha Be
Question:
Will the City Council, acting as the Local Contract Review Board, consent to enter into three
individual public contracts with Brenntag, Cascade Columbia, and Univar for chemicals used at the
Waste Water Treatment Plant?
Staff Recommendation:
Staff recommends that the public contract for Chemical #5 be awarded to Brenntag, Chemicals #2 and
#6 be awarded to Cascade Columbia, and Chemicals #1, #3, #4, and #7 be awarded to Univar. A bid
tabulation spreadsheet is attached for your review.
The intended contracts will be executed for the next fiscal year beginning July 1, 2008 and ending
June 30, 2009. The individual contracts may also be extended annually up to two additional fiscal
years, for a total of three years, if mutually agreed upon by both parties.
Supplier Description Cost Per Lb or Ton Potential Cost for FY 2008-2009
BRENNTAG
Chemical #5 Citric Acid $0.85/Lb, Delivery charge: $35.00 $5,587.50
Estimated annual usage: (3) Orders
CASCADE COLUMBIA
Chemical #2 Sodium Hypochlorite $1.80/Gallon, Delivery charge $125.00 3,660.00
Estimated annual usage: (12) Orders
Chemical #6 Aluminum Sulfate $380.80/Dry Ton, Delivery charge: $40.00 80,505.18
Estimated annual usage: (18) Orders
UNIV AR
Chemical #1 Sodium Hypochlorite $4.06/Gallon, Delivery charge: N/A 5,684.00
Estimated annual usage: (4) Orders
Chemical #3 Sodium Hydroxide $0.7313/Lb, Delivery charge: N/A 5,019.20
Estimated annual usage: (2) Orders
Chemical #4 Sodium Bisulfite $0.7744/Lb, Delivery charge: N/A 4,599.94
Estimated annual usage: (2) Orders
Chemical #7 Calcium Hypochlorite $1.90/Lb, Delivery charge: $65.00 3,060.00
Estimated annual usage: (12) Orders
Total Estimated Cost $108,115.82
Page I of3
r~'
CITY OF
ASHLAND
Background:
Under the Ashland Municipal Code, if there are no exemptions or special circumstances., a formal
competitive selection process is required to enter into a public contract for goods and services greater
than $75,000. A Competitive Sealed Bid (Invitation to Bid) is the sourcing method for this public
contract. The Invitation to Bid was sent to eleven (11) potential suppliers and three (3) suppliers
responded to the bid.
The City of Ashland's Wastewater Treatment Plant operates under a National Pollutant Discharge
Elimination System (NPDES) Permit, issued by the Department of Environmental Quality (DEQ).
Schedule A of this permit outlines our discharge limitations for CBOD, TSS, Ammonia, Total
Phosphorus (TP), E. coli, pH, Dissolved Oxygen and temperature. Most of the chemicals listed are
used to assist us in meeting the Total Phosphorus requirement. Weare allowed to discharge an average
of 1.6 1bs/day from May 15t through November 30th each year. Aluminum Sulfate is used to assist in
precipitating out the TP as much as possible after the biological process. However, we cannot fully
meet the established TP limit through the secondary process alone. We therefore need to remove the
remainder through a tertiary treatment process (membrane filtration). Most of the other chemicals
listed (Sodium Hypochlorite, Sodium Bisulfite, Sodium Hydroxide, and Citric Acid) are: used in the
membrane filtration system. Calcium Hypochlorite is used throughout other areas of the plant for
disinfection and/or cleaning.
The goal of this ITB was to retain and secure specific prices for chemicals that are required to enable
the Waste Water Treatment Plant to meet and/or exceed all of the strict limits of the NPDES permit.
Related City Policies:
The maximum threshold for an Intermediate Procurement is $75,000; therefore, a contract greater than
$75,000 requires a formal competitive process per the following:
AMC 2.50.010 Definitions
F. Intermediate Procurement. A procurement of goods or service between $5,000 and $75,000.
Under the AMC, ifthere are no exemptions or special circumstances, a formal competitive selection
process is the sourcing method per the following:
AMC 2.50.070 Procedures for Competitive Bids
All Public Contracts shall be based upon Competitive Bidding pursuant to ORS 279A - 279C
and the Attorney General Mode1Ru1es, OAR Chapter 137 Divisions 46 - 49, except for the
following:
The contract is greater than $75,000; therefore it requires the approval of the Local Contract Review
Board per the following:
AMC 2.50.020 Public Contracting Officer's Authority
A. Authority to Execute Contracts Without Prior Council Approval. The Public Contracting
Officer may execute without prior Council approval contracts that satisfy all of the following:
i. The contract has a total value of seventy-five thousand dollars ($75,000) or less;
Page 2 of 3
~~,
CITY OF
ASHLAND
Council Options:
The Council, acting as the Local Contract Review Board, can approve the contract recommendations
or decline to approve the contract recommendations.
Potential Motions:
The Council, acting as the Local Contract Review Board, moves to award the public contracts as
follows: Chemical #5 to Brenntag; Chemicals #2 and #6 to Cascade Columbia; and Chemicals #1, #3,
#4, and #7 to Univar.
Attachments:
Bid Tabulation Spreadsheet
Page 3 of 3
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CIT\.. OF
ASHL,AND
Council Communication
Appointment to Ashland Community Healthcare Services Board of Directors
Meeting Date:
Department:
Secondary Dept.:
Approval:
May 6, 2008
City Recorder's Office
None
Martha Benn
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
Barbara Christensen
christeb@ashland.or.us
Consent
Question:
Should the City Council approve the appointments and reappointments as recommended by the Board
of Directors for the Ashland Community Hospital?
Staff Recommendation:
None
Background:
Ashland Community Healthcare Services Articles of Incorporation Article VIII (B) gives the authority
and responsibility to the City of Ashland (Member) to appoint the Corporation's Directors based on the
criteria set forth in Articles IX.
The Bylaws of Ashland Community Healthcare Services Section 4.4 state that the Board shall consider
potential candidates and forward such recommendations to the Member for its consideration when
appointing persons to fill vacancies on the Board of Directors.
The Council approved the request by Ashland Community Hospital to amend the Articles of
Incorporation for the Ashland Community Healthcare Services to permit a full 12 directors plus retain
the past Chair of the Board for an additional year on the Board of Directors.
Related City Policies:
City Charter Article 10, Ordinance adoption
Council Options:
Approve or disapprove Ashland Community Healthcare Services recommended appointments.
Potential Motions:
Motion to approve recommended 4-year appointments with terms beginning July 1, 2008 and ending
June 30, 2012 ofValri Williams and Tom Reid and reappointment of Doug Diehl, M.D. for a term
beginning July 1, 2008 and ending June 20, 2012.
Attachments:
Letter of Recommendation
Page I
050608 ACH appointments,Cedoc
~~,
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-
-
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<,,-
Ashland Community Hospital
Apnl 23, 2008
Ashland City Council
c/o Barbara Christensen, City Recorder
20 E Main Street
Ashland, OR 97520
Dear Barbara:
In accordance with Section 4.4 of the Bylaws of Ashland Community Healthcare Services, the
Board of Directors is pleased to recommend the following for appointment and reappointment to
the Board.
Vain Williams appointment to an initial four year term, July 1, 2008 thru June 30, 2012
Tom Reid, appointment to an initial four year term, July 1,2008 thru June 30,2012
Doug Diehl, M.D. reappointment to an initial four year term, July 1, 2008 thru June 20, 2012
These recommendations were approved by the Board of Directors at its regular meeting of April
22,2008.
Thank you for your careful consideration of these appointments and for your continued support of
Ashland Community Hospital.
With Warmest Regards,
Mark E. Marchetti
Chief Executive Officer
1 907
CELEBRATING A CENIURY OF CARING - 2007
280 Maple Street, Ashland, Oregon 97520
www.AshlandHospital.org
Tel: 541201.4000' Fax: 541.488.7411
CITY OF
ASHL,AND
Council Communication
Approval of a Public Works Contract to Conduct a Traffic Impact Analysis
Meeting Date:
Department:
Secondary Dept.:
Approval:
May 6, 2008
Public Works/Engineering
Finance
Martha Be
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
James H. Olson (552-2412)
o lsoni (a)ashland. or. us
Karl Johnson (552-2415)
Consent Agenda
Question:
Will Council approve a contract with HBH Consulting Engineers to conduct a traffic impact analysis
for the possible future closure of Glenn Street?
Staff Recommendation:
On December 4, 2007, a public hearing was held to consider the feasibility oflimiting the Glenn Street
rail crossing to bicyclists and pedestrians only. At the conclusion of the public hearing, Council moved
to request authority from ODOT Rail Division to improve the Laurel/Hersey Street crossing while
maintaining the Glenn Street crossing in its present form and function. The motion was amended to
include the preparation of a traffic impact analysis for the possible future closure of the Glenn Street
rail crossing to automobile traffic.
Staff has requested proposals for this impact analysis and has received four (4) submittals from well
qualified traffic engineering firms. The fees for this work ranged from a low of $41 ,990 to a high of
$62,000.
While this work is not currently in the budget its cost can be accommodated through unused L.l.D.
funds. The impact analysis has a much broader scope than just the possible closure of the Glenn Street
rail crossing and staff is prepared to fund and implement this work if it is the Council's desire.
The firm that was selected was HBH Consulting Engineers of Medford. Their originally quoted fee of
$50,682 has been negotiated to $39,095.00.
Background:
Status of the Glenn and Hersey / Laurel Crossings
In 2005 the City applied to ODOT Rail Division for authority to improve the railroad / highway
crossing at Hersey and Laurel Streets. ODOT responded by stating that the City must also address the
crossing at Glenn Street at the same time and that they strongly recommended that the Glenn Street
crossing be closed to automobile traffic. Financial incentives were also offered if the Glenn Street
crossing were to be closed. This issue was addressed by Council through a public hearing that spanned
two regular Council meetings. Ultimately, the Council moved to 1.) maintain the Glenn Street crossing
in its present form, 2.) apply to ODOT Rail Division for authority to improve the Hersey / Laurel
crossing and 3.) require that a traffic impact analysis be conducted addressing the effect on traffic that
would result from a future closure of the Glenn Street crossing.
Page I of 3
OS0608 Traffic Impact Analysis.CC.doc
~~,
CITY OF
ASHl,AND
In fulfillment of the Council's directives, staff has made an application to ODOT Rail Division to
improve the Hersey / Laurel crossing. The application has been approved and a proposed final order
issued. The actual final order is anticipated later this month. Because of the recently drastically
reduced track usage and with the future of the Central Oregon and Pacific Railroad in question, the
requirement to address the Glenn Street crossing was dropped, as was the requirement to fully improve
the crossing at laurel and Hersey. A less than full improvement would allow the City to replace and
widen the crossing surface but to forego the installation of automatic crossing gates. The deferral of the
crossing gates would save nearly $500,000 in the total cost of the improvement.
In satisfaction of the Council's final request, staff has selected, through a request for proposal process,
a traffic engineer to prepare a traffic impact analysis of the northwest area of the City.
Traffic Impact Analysis
In February, a request for proposal to prepare a Traffic Impact Analysis of the impact of closing the
Glenn Street rail crossing was advertised in local and state wide publications. The scope of the T.I.A.
was broadened somewhat from the Council's stated desire to include an additional in-depth review of
several intersections along North Main Street. The consultants were required to address the following
potential conditions:
1. Closure of the Glenn Street rail crossing and resulting impacts to the Hersey / Laurel
intersection and rail crossing and other intersections in the study area.
2. Status ofthe existing traffic signal at the intersection of Laurel and N. Main Street.
3. Realignment and signalization of the Hersey / Wimer / N. Main Street intersection.
This comprehensive traffic study to be used to assist the City and the Oregon Department of
Tansportation in evaluating the potential impacts of the proposed Glenn Street rail crossing closure on
adjacent rail crossings and on the following intersections: a.) Orange and Laurel Streets, b.) Laurel and
Hersey Streets, c.) Laurel and N. Main Streets and d.) N. Main / Hersey / Wimer Streets.
Work elements included in the proposal were outlined as follows:
1. Evaluate the intersections with regard to current geometry, site conditions, level or service,
turning movements, current and 20 year future forecasted traffic volumes, and pedestrian
and bicycle use.
2. Provide traffic control recommendations at the affected four intersection.
3. Identify mitigating measures to reduce any negative impacts that may result at the Hersey /
Laurel Street rail crossing due to the potential closure of the rail crossing at Glenn Street.
Propose options to the full improvements at the Laurel/Hersey Street intersection.
4. Provide a safety assessment of the Glenn Street crossing.
5. Provide reliable cost estimates and funding mechanisms for all recommendations and
options.
6. Meet and discuss options with staff and provide a final report and presentation to staff and
to City Council in a study session / workshop format.
Page 2 of3
050608 Traffic Impact AnaIysis.CC.doc
~.1I
.,-~
CITY OF
ASHLAND
Proposals were received on March 11, 2008 from:
1. HBH Consulting Engineers
2. Hardey Traffic Engineering Group
3. HDR Engineering
4. JRH Transportation Engineering
A panel of four (4) Public Works staff members met to analysis each of the proposals and to select the
one which most closely met the City's needs. The firm ofHBH Consulting Engineers was selected.
Their proposed fee of $50,686 was not initially the lowest of the four (4) proposals but further
negotiation with City staff reduced the fee to $39,095.
At a fee of $39,095 this project would not normally need Council authorization to proceed with a
contract award. Since this traffic analysis is a Council mandated effort and is close to the $50,000
threshold set for Council review of professional contracts, staff felt that Council would wish to review
and approve this contract.
Related City Policies:
Ashland Municipal Code Section 2.50.015 gives Council authority to approve and to execute contracts.
Council Options:
Council can accept the proposal and award a contract to HBH Consulting Engineers to conduct a
Traffic Impact Analysis or; Council may delay action pending provision of additional information by
staff or; Council may reject the proposal for cause.
Potential Motions:
Council may move to accept the proposal and award a contract to HBH Consulting Engineers in the
amount of $39,095 or
Council may move to delay the award of contract or to reject the proposal for cause.
Attachments:
Map of study area
Synopsis of proposal request
HBH Consulting Engineers proposal
Contract
Page 3 on
050608 Traffic Impact Analysis.CC.doc
~~,
r.,
2008
Traffic Impact Analysis
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CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
TRAFFIC IMP ACT ANALYSIS:
POTENTIAL CLOSURE OF THE GLENN STREET RAIL CROSSING
AND ANALYSIS OF TWO INTERSECTIONS ON N. MAIN STREET
SYNOPSIS
The City of Ashland is requesting proposals for professional services required to complete a
comprehensive traffic impact analysis associated with the potential closure of the at-grade rail crossing at
Glenn Street and the possible elimination of the traffic signal at North Main and Laurel Streets. This
comprehensive traffic study will be used to help evaluate whether the proposed closure of the at-grade rail
crossing at Glenn Street is appropriate for this site and what type of transportation improvements may be
necessary at this location or at adjacent intersections to mitigate the potential closure. In addition to the
specific analysis of the closure at the Glenn Street crossing, this study will also complete a reviE~w of the
proposed safety improvements at the Laurel/Hersey at-grade crossings and propose recommEinded
changes to the traffic pattern and current four-way stop at the Laurel/Hersey intersection. The work will
also include a full analysis of the N. Main / Hersey / Wimer intersection with recommendations for
improvements. Evaluations of the following intersections are specifically required, and others should be
recommended as necessary:
a. Orange Street and Laurel Street
b. Laurel Street and Hersey Street
c. Laurel Street and N. Main Street
d. N. Main Street / Hersey Street / Wimer Street
CONCEPT
The City Council was recently faced with a difficult decision regarding the potential to close the Glenn
Street rail crossing, one of nine active at-grade rail crossings within the City limits. The possiblE~ closure of
Glenn Street was first introduced in a comprehensive "Railroad Crossing Evaluation" performed by HDR,
Inc. of Portland, as commissioned by the Public Works Department in 2004. In their report, HDB analyzed
each of the City's nine at-grade crossings and offered suggestions for improvements including possible
closure options. Only two crossings were listed as potential candidates for closure; Wightman Street and
Glenn Street. Railroad crossing closures are important options to consider in light of ODOTs goal to
reduce the number of at-grade crossings statewide due to safety concerns. The entire report may be
viewed on the City's web site: http://www.ashland.oLuslFilesl03-13%20HDR%20Final%20Report%2002%2028%2004.pdf
Understanding the demands placed on the community's transportation network by development or changes
in traffic patterns are important dimensions to assess the overall operation of a transportation network. A
traffic impact analysis will assess the effects that a particular change in traffic behavior will haVE! on the
transportation network in the community. Traffic impact analyses vary in their range of detail and complexity
depending on the type, size and location of the proposed development or change. This comprehensive
traffic study will be used to help evaluate whether the proposed closure of the at-grade rail crossing at
Glenn Street (Ashland) is appropriate for this site and what type of transportation improvements may be
necessary at this location or at adjacent intersections to mitigate the potential closure. This analysis will
also address and make recommendations to the traffic control at the Hersey and Laurel Street intersection.
G:\pub-wrks\adminIPB StreelslRFP TIA Glenn Street Closure Jan08.doc
Page 4 of 25
There are two other intersections which may be impacted by the Glenn Street rail closure, that also have
unrelated conditions which must be addressed. The traffic signal at N. Main and Laurel Street is nearing
obsolescence and must be analyzed as to its function, need and impact on traffic safety, as well as its
function in relation to the possible Glenn Street rail closure and the operation of the N. Main / Hersey /
Wimer intersection and proposed future realignment and signalization.
The N. Main / Hersey / Wimer intersection is the City's most problematic intersection and has by far the
highest number of crashes of any intersection in Ashland. This analysis must include a comprehensive
study of the intersection with special emphasis given to its future operations under conditions of a Glenn
Street rail crossing closure and the probable elimination of the traffic signal at N. Main and LaurEll Streets.
A signal warrant study should be included with recommended options for improvement of this intersection.
BACKGROUND
The City of Ashland has nine at-grade rail crossings with various levels of passive or active protl~ctions. In
an effort to improve these crossings and to gain approvals for adjacent street improvement projeicts, the
City has been required to look at all adjacent crossings that may affect specific intersections.
Recently, the City approached the Oregon Department of Transportation (ODOT) Rail Division for a permit
to improve the Hersey / Laurel Street crossing. This intersection crossing is complex due to the angle of the
crossing and that two busy streets intersect near the center of the railroad crossing. ODOT Rail Division
has suggested that the City simultaneously address the Glenn Street crossing to proceed with the
improvement of the Laurel/Hersey Street rail crossing. The Rail Division recommended that the! Glenn
Street railroad crossing be closed to motorized vehicles and maintained only as a bicycle and pEldestrian
crossing.
Glenn Street is the northem most crossing within the City limits. The crossing is located in a residential
neighborhood with the lowest average daily traffic of all of the City's nine at-grade crossings. Thl3 grade
crossing has passive protection with a stop sign, crossbucks, advance waming sign and paveml3nt
markings, and no parking striping on the curbs on the approach quadrants. It is signed Glenn
Street to the west of the tracks and Orange Street east of the tracks. The crossing surfacing material is
asphalt over ties with graveVballast for the sidewalk on the south side of no separate bike lanes or striping.
Train speed is 20 mph on Class 2 track with poor sight distance for train operations headed south towards
the crossing. Glenn St has the lowest average daily traffic (ADT) of all the crossings in Ashland with a
current ADT of 985 and a forecast ADT in year 2023 of 1300. The sight distance is poor for both trains and
vehicles; trains have poor sight distance headed south toward the crossing. Sight distance for vehicles
approaching the crossing is poor to the north due to the curvature of the tracks; vehicles headin9 west on
Orange Street approaching the tracks from Quiet Village make a near 70 degree turn less than '150 feet
prior to the tracks as drivers head toward North Main Street. The crossing is located in a residential
neighborhood with single-family detached housing on the east side of the tracks and multifamily
apartment/condominiums to the west. It is two blocks east of Highway 99 (North Main Street).
The Hersev I Laurel at-grade crossing is an existing public grade crossing across the single mainline track
of the Central Oregon and Pacific Railroad (CORP). It is in the northem section of the City of Ashland, with
Hersey designated as an Arterial under the Federal Highway Administration classification and as an
Avenue under the City of Ashland Transportation System Plan (TSP) designation. Laurel Street is classified
as a Collector and designated as an Avenue. The grade crossing has passive protection with stop signs,
G:\pub-lNrks\admin\PB Streets\RFP TIA Glenn Street Closure JanCa.doc
Page 5 of 25
crossbucks, advance warning sign and pavement markings, and no parking striping on the curbs on the
approach quadrants. Hersey and Laurel intersect at the grade crossing with the tracks heading south from
the northeast corner of the intersection to the southwest corner. The crossing surfacing material is asphalt
over ties with gravel/ballast for the sidewalks. Train speed is 20 mph on Class 2 track with poor sight
distance for train operations headed south towards the crossing due to vegetation along Laurel Street to
the east. Immediately south of the grade crossing is a wayside signal for train operations for the siding track
approaching the rail yard. Hersey Street has a 2003 ADT of 2750 and forecast 2023 ADT of 4900. Laurel
Street has a 2003 ADT of 1630 and a forecast 2023 ADT of 2200. Sight distance for vehicles approaching
the crossing is poor to the north due to the vegetation around the tracks. The crossing is located in a
residential neighborhood with single family detached housing in three quadrants and rail accessible
industrial property in the southeast quadrant. It is four blocks east of Highway 99 (North Main Street).
HDR recommended the following upgrades for the Hersey / Laurel crossing: Upgrade all approaches to the
crossing to Avenue standards per the City's TSP with separate 6' bike lanes and 5' sidewalks with planting
strip across railroad tracks. A full upgrade would include installation of concrete crossing panel surfacing for
both the sidewalks and roadway, and active railroad signal protection with flashing lights and gates intertied
with the adjacent grade crossings at Glenn and Helman streets.
The intersection of N. Main and Laurel Street is currently a signalized intersection. The signal was
installed in the 1950s and is the City's oldest operating traffic signal. Due to its age, it is becoming difficun
to find parts to keep the signal operating. Eventually it will become necessary to either remove the signal
or replace it. With the closure of Briscoe School several years ago, ODOT contends that warrants are no
longer met and that it would be more expedient to remove the signal then to replace it. In 2007, the signal
was out of operation for nearly a month following a severe winter storm and tree limb damage. The publiC
reacted very strongly in opposition to a rumor that ODOT would not re-activate the signal.
The N. Main and Laurel Street intersection signalization should be analyzed as to its need and
effectiveness especially as it relates to the closure of the Glenn Street rail crossing and its impacts on
adjacent N. Main Street intersections specifically the N. Main / Hersey / Wimer intersection. ODOT's signal
warrant study should be acquired, reviewed and considered as a part of this study. The consultant must
determine the current and future levels of service both with and without signalization and both with the
current condition and proposed closure of the Glenn Street rail crossing.
As previously mentioned, the N. Main I Hersev I Wimer intersection is the City's most problematic
intersection and has by far the highest number of crashes of any intersection in Ashland. N. Main Street,
also referred to as Highway 99 or Rogue Valley Highway No. 63, is an ODOT facility with an aVl3rage daily
traffic of 19,800 vehicles per day. At milepost 19.64, the highway is intersected by two City streets; Hersey
Street and Wimer Street. While the two streets intersect nearly perpendicular, the centerlines are offset by
over 20 feet. Since there are no dedicated turn lanes on N. Main Street, a left turn from N. Main onto either
street is difficult especially when both north and south bound traffic are attempting to turn at the same time.
The offset is enough to completely block the movement resuning in driver confusion. ConsequEmtly, the
crash rate at the intersection is the highest of any intersection in the City.
This analysis must include a comprehensive study of the intersection with speCial emphasis giv'en to its
future operations under conditions of a Glenn Street rail crossing closure and the probable elimination of
the traffic signal at N. Main and Laurel Streets. A signal warrant study should be included with
recommended options for improvement of this intersection.
G:\pub-wrks\admin\PB Streets\RFP TIA Glenn Street Closure Jan08.doc
Page 6 of 25
The level of service should be determined for each situation as well as an evaluation of its operational and
safety performances. Options for improvement of the intersection should be set forth to address as a
minimum; geometric changes; traffic control and signing improvements; signalization installation; and signal
timing and phasing with reference to the existing N. Main street signals.
A. Prior discussions with ODOT Rail Division
Following the City's preliminary application to improve the Hersey / Laurel Street crossing, ODOT Rail
Division convened a "diagnostic review" of that and the adjacent crossings. The review team consisted of
staff from ODOT, Central Oregon & Pacific Railroad (CORP) and the City. ODOT and CORP Wt3re
unanimous in their recommendation that the Glenn Street crossing must be considered with the Hersey /
Laurel crossing and that the Glenn Street crossing should be closed to vehicular traffic. It was further
recommended that the south leg of the Laurel Street also be closed. Engineering staff argued that the
request was being made without a good understanding of the traffic demands and patterns in the area.
With the closure of Briscoe School, Laurel Street serves as a "safe route" to Helman School and IT also
provides a major connector to the Quiet Village area. Staff expressed the fact that a crossing closure would
not decrease the number of vehicles crossing the tracks, it would only decrease the points at which they
could cross. At the conclusion of the diagnostic review, engineering staff asserted that the Launel Street
crossing closure was not possible and the Glenn Street crossing closure was unlikely. Certainly the two
crossings closures together would be impossible due to the negative impact on traffic pattems and
emergency response efforts.
B. Safety
A complete assessment of whether or not safety would specifically increase by closing the Glenn Street
crossing has not yet been completed. Although potential points of impact between trains and vlehicles
would certainly decrease on Glenn Street, the traffic volumes would likely increase at adjacent crossings
(LaureVHersey primarily). Out of direction travel and detours required to accommodate crossin~, closures
would likely add additional elements of potential contlict for traffic.
C. Emergency Response
In discussions with the Ashland Fire Department, they indicated that open streets are always a preference;
but they do not see any delay in response WITh the closure of the Glenn Street crossing. While Laurel
Street is a preferred emergency response route, Glenn Street is not. If the crossing is maintainEld as a
pedestrian and bike route, that could be used under very strained circumstances as an emergency route if
needed.
D. Other Service Providers
RVTD has a stop at Glenn Street that would not be impacted. Staff has not yet contacted the Ashland
School District regarding any transportation impacts to their operations. Other service providers such as
Ashland Sanitary could also be impacted by the closures.
E. Neighborhood Impact
Perhaps one of the most significant impacts would be to the local neighborhoods that have historically used
the crossings in their daily trips to and from home. Change is not a welcome fact of life and to pose an
alternative routing may meet with stiff resistance with many citizens. It is expected that many within the
Quiet Village neighborhood may oppose any crossing closure or significant change on Laurel or Glenn
Street as these two crossings provide connectivity for the neighborhood and to Helman School..
G:\pub-wrksladmin\PB Streets\RFP TIA Glenn Street Closure Jan08.doc
Page 7 of 25
WORK DESCRIPTION
I. Scope of Work: It is recommended that proposers elaborate or add to the proposed scope of work to
complete a comprehensive traffic impact analysis associated with the following potential conditions:
A. Closure of the rail crossing at Glenn Street and resulting impacts to the Hersey / Laurel intersection
/ rail crossing.
B. Removal of the existing traffic signal at the intersection of Laurel Street and N. Main Street.
C. Realignment and signalization of the Hersey / Wimer / N.Main Street intersection.
This comprehensive traffic study will be used to assist the City and the Oregon Department of
Transportation in evaluating the potential impacts of the proposed Glenn Street rail crossin!) closure on
adjacent rail crossings and at a minimum on the following intersections:
1) Orange Street and Laurel Street
2) Laurel Street and Hersey Street
3) Laurel Street and N. Main Street
4) N. Main Street / Hersey Street / Wimer Street
II. Project Elements: include but are not limited to:
A. Verify the overall study areas limits through a preliminary scoping meeting prior to starting any
work to insure this analysis will provide a complete, accurate and useful study.
B. Evaluate the current traffic volumes and future travel demands within the area. Evaluat,e the above
intersections under present conditions and under the condition of the closure of the Gle!nn Street
rail crossing, both for current and future traffic volumes. The future analysis (20 year forecast)
should include the impact added by a full build-out of the proposed Verde Village Subdivision
(Helman and Nevada Street) and the Helman Springs Subdivision (between Randy Stmet and Otis
Street). The City's is currently in the process of updating the Transportation System Plan and the
consultant team (HDR Inc.) may have additional relevant traffic information.
C. Conduct traffic movement studies at various intersections as needed to evaluate current traffic
movements and future demand.
D. Based on accepted practices, forecast additional traffic at the various intersections identified within
the study area associated with future changes and the potential closure at the Glenn Street rail
crossing.
E. Evaluate the current geometry and site conditions, level of service, tuming movements, current and
forecasted traffic volumes, and pedestrian and bicycle use at each of the specifically mentioned
intersections and any other critical intersections within the study area. At the Glenn Street rail
crossing pay particular attention to sight distance at access points, proximity of access points to
other existing drives or intersections, and the impacts with the conflicts of trains and vehicles,
pedestrians and bicyclists.
F. Identify potential problems with the potential closure of the rail crossing at Glenn Street.
G. Identify mitigating measures to reduce the negative impacts, insure safe and reasonable traffic
conditions on streets should the potential closure of the Glenn Street rail crossing be completed.
G:\pub-wrks\admin\PB Streets\RFP TIA Glenn Street Closure Jan08.doc
Page 8 of 25
H. Evaluate the current geometry and site conditions of the Hersey / Laurel Street rail crossing
including sight distance at access points, proximity of access points to other existing drives or
intersections, and the impacts with the conflicts of trains and vehicles, pedestrians and bicyclists.
I. Identify impending problems that may result at the Hersey / Laurel Street rail crossing due to the
potential closure of the rail crossing at Glenn Street.
J. Identify mitigating measures to reduce the negative impacts that may result at the Herse~y / Laurel
Street rail crossing due to the potential closure of the rail crossing at Glenn Street, to insure safe
and reasonable traffic conditions. Propose options to the full improvements at Laurel/Hersey;
specifically can the overall Laurel/Hersey intersection be improved significantly without the
addition of full crossing arms. And without the crossing arms, is the four-way stop the best traffic
control option.
K. Provide a safety assessment of whether or not safety would specifically increase or decrease by
closing the Glenn Street crossing.
L. Provide an assessment of whether or not emergency vehicle access would be negativelly impacted
by closing the Glenn Street crossing.
M. Provide further analysis of the traffic signal at N. Main and Laurel Street to determine it's
effectiveness and continued need. Determine levels of service with and without the signal. .
Include any optional traffic control recommendations. The N. Main and Laurel Street intersection
signalization should be analyzed as to its need and effectiveness especially as it relates to the
closure of the Glenn Street rail crossing and its impacts on adjacent N. Main Street intersections
specifically the N. Main / Hersey / Wimer intersection. ODOT's signal warrant study should be
acquired, reviewed and considered as a part of this study. The consultant must determine the
current and future levels of service both with and without signalization and both with the current
condition and proposed closure of the Glenn Street rail crossing.
N. Provide further analysis of the N. Main Street / Hersey Street / Wimer Street intersection.
Determine current and future levels of service both with and without the signal at N. Main and
Laurel Street and recommend improvement options. This analysis must include a comprehensive
study of the intersection with special emphasis given to its future operations under conditions of a
Glenn Street rail crossing closure and the probable elimination of the traffic signal at N. Main and
Laurel Streets. A signal warrant study should be included with recommended options for
improvement of this intersection.
O. The level of service should be determined for each situation as well as an evaluation of its
operational and safety performances. Options for improvement of the intersection should be set
forth to address as a minimum; geometric changes; traffic control and signing improvements;
signalization installation; and signal timing and phasing with reference to the existing N. Main street
signals.
P. Identify mitigating measures to reduce any negative impacts that may result at the Hersey / Laurel
Street rail crossing due to the potential closure of the rail crossing at Glenn Street, to insure safe
and reasonable traffic conditions. Propose options to the full improvements at Laurel/Hersey.
a. Provide reliable cost estimates and funding mechanisms for all recommendations and options.
G:lpub-wrksladmin\PB StreetslRFP TIA Glenn Street Closure JanOS.doc
Page 9 of 25
R. Meet and discuss options with staff.
S. Provide a final report and presentation to staff
T. Provide a final report and presentation to City Council in a study session / workshop format.
U. Consultant is responsible for all presentation materials during working meetings and neighborhood /
council meetings.
V. Provide 15 copies of all reports, technical memoranda and presentation materials.
W. Provide a copy of all technical memoranda and reports/recommendations in digital, MicroSoft
Word, Excel, or Power Point, format.
III. Description Of Consultant Duties:
A. Provide a basic understanding to follow the scope of work, and detailed cost estimates for the
services to be performed, time frame and an acceptable list of project personnel.
B. Research and prepare adequate materials for the project elements as described in the scope of
work.
C. Prepare presentation materials for various public and informational meetings.
IV. Additional Consultant's Responsibilities:
A. Professional Engineer: Consuhant shall be a registered Professional Engineer in Oregon.
B. Personnel, Materials & Equipment: The consultant shall provide qualified and competent personnel
and shall fumish 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.
C. Business License Required: The selected consultant must have a current City of Ashland business
license prior to conducting any work for the City.
D. 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 with all applicable codes and standards.
V. City Responsibilities: In the development and implementation of this project the City of Ashland will
assume the following responsibilities:
A. Provide a project manager and liaison.
B. Staff will provide available background information on the traffic counts, projections, crash data and
any additional existing data for the study area that is requested.
C. Provide timely reviews of consultant's technical reports or other submittals.
G:\pub-wrks\admin\PB Streets\RFP TIA Glenn Street Closure Jan08.doc
Page 10 of 25
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March, 2008
HBH
Consulting
fngineers
Authorized representatives
of H B H Consulting Engineers. our
office locations and contact
infomlation is provided below:
Portland Area
Michael D. Henry, PE,
Prnldent
David K. Boatman, PE,
Principal
Robert M. Henry, PE,
Principal
20015 SW Pacific Hwy,
Suite 101
Sherwood, OR 97140
503-625-8065
503-625-1531 fax
!!WJ1~Y @nbn-consultina_com
Oreaon Coast
Robert E. Bynum, PE,
Principal
J. Garrett Pallo, PE,
Principal
486 E Street, Ste. 3
Coos Bay OR 97420
541-266-0355
541.266-7504 fax
gna11o@hbh-consultinQ.com
Idaho Falls Area
Michael E. Arnnon, PE,
Principal
1970 E 17th Street, Ste. 203
Idaho Falls. ID 83404
208-524-6649
208-524.9089 fax
[1'!i'lm'L~on @hbh-consultinQ.com
Southern Oreaon
Nell Burgess, PE
Engineering Manager
4497 Brownridge Terrace
Ste. 202
Medford OR 97504
541.779.5216
541-776-7376 fax
[)l1\!_r~ss@ hbh-consultinQ.com
f OlJTJlLll1I OIlL'OIl
T IlRllfPOIlTRTlOII
"1I"IILLIlIII'. LL(
Kimberly A. Parduccl-Walker,
PE, PTOE
Principal
Medford OR
541-608-9923
541-535-6873 fax
~wkDl@acom
~...1I
r.l
Clly 11'1111111"
PROPOSAL FOR ENGINEERING SERVICES:
TUfflC IMPACT ANAlYSIS fOR POTENTIAl !P._~ 11
CLOSURE OF THE GLENN STREET RAil CROSSING ..' . ~
cln OF ASHlAND, OREGON
Introduction and Proposal Highlights
PrePlser's Clntact InllnnaUln
HBH Consulting Engineers
Neil Burgess, PE
Engineering Manager
4497 Brownridge Terrace, Suite 202
Medford OR 97504
541- 779-5216
541-776-7376 fax
nburqess@hbh-consultinqcorn
'Itrlduenln
HBH Consulting Engineers teamed with
Southern Oregon Transportation Engineering
is pleased to submit the following proposal to
the City of Ashland to provide the traffic
impact analysis and supporting design
engineering for the potential closure of the
Glenn Street Rail Crossing.
We have prepared this proposal with the goal
of communicating our qualifications and
describing our strategy for making this
requested traffic impact analysis a valuable
resource to the City.
PrePIsallighllghts
Within this proposal we have sought to include
all of the required components mentioned in
the RFP as well as other points we feel would
be important for the selection commitree to
consider. A few of the highlights outlined in
this proposal include:
About Us - HBH is a mid-sized multi-
disciplinary firm that works on a variety of
public and private projects. Our goal is to
provide quality, economical engineering
services to clients throughout the Northwest.
HBH differs from many engineering firms in
that we are not staffed with just a few
professional engineers or project managers who
are coupled to a group of less experienced
technicians who undertake the majority of the
work. Instead, our staff is almost entirely
comprised of experienced engineers, licensed in
Oregon, Washington, Idaho, California and
elsewhere.
EXDerience - HBH is highly qualified in
roadway design and resolving transportation
issues. HBH staff has completed many
transportation projects ranging from pedestrian
facilities, urban infrastrucnlre, and large scale
interstate highway projects. The project staff
assigned to this project has provided services to
the Rogue Valley for many years and considers
our track record with the valley agencies to be
one of success. This level of familiarity should
give the City confidence in working with HBH.
Availability - At HBH, we are conscientious
about what projects we pursue and which
projects we undertake in order to ensure that
we are able to give our best on every job. HBH
has the available staff to serve this project from
our Medford office.
Schedule -The City can rest assured that we
will have the available staff and openings to
complete this project in a timely and
professional manner. Once a complete scope is
agreed upon, HBH will work with City Staff to
prepare a realistic overall schedule for the
project so the City can know when to expect
important milestones and final delivery.
Response Time - HBH can provide swift
response times out of our fully staffed Medford
office. This project will be assigned several
professional engineers whom have the authority
to make the critical decisions as necessary to
keep the project moving forward without delay.
We will also provide City Staff home and cell
phone numbers of the project team members
so we can be reached at any time.
Cost -We have endeavored to provide the best
services at a reasonable and competitive price.
We feel that service is paramount and that a
satisfied client is more important than the
bottom line. We seek to provide opportunities
for savings in both our fees and in the
engineering recommendations we make.
We look forward to meeting with the City and
discussing this RFP and the City's plans and
goals for this important and key role.
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Project Description and Understandinl!
Project Description and Understanding
The City of Ashland seeks a comprehensive traffic
impact analysis associated with the following potential
conditions:
1. Closure of the Glenn Street rail crossing and
resulting impacts to the Hersey/Laurel
intersection and rail crossing and other
intersections in the area.
2. Removal of the existing traffic signal at the
intersection of Laurel and N. Main Street.
3. Realignment and signalization of the Hersey
/Wimer/N. Main Street Intersection.
This comprehensive traffic study would be used to assist
the City in evaluating the potential impacts placed on
adjacent rail crossings and other intersections in the
study area and to identify mitigating measures to reduce
any negative impacts that may result from the
aforementioned combination(s) of potential conditions.
The RFP contained an excellent overview of the project
history and related issues. Through meeting with City
Staff during the RFP advertisement time period, we
clearly understand the issues facing the City and the
goals the City hopes to accomplish with this study. HBH
understands the relationships between the railroad
crossings, overall traffic circulation, neighborhood
concerns, and the intersections on Highway 99.
HBH understands that a significant portion of the study
will be centered around traffic operations of various
Highway 99 intersections including an analysis of the
existing signal at Laurel and a potential signal at
Hersey/Wimer. You will see later in the proposal our
recommendation for surveying and conceptual design
services for these intersections.
Scope of Services
Task 1: Project Kickoff Meeting and Data Gathering
Immediately after receiving the notice to proceed from
the City, we will schedule a project kickoff meeting with
project team members and City staff to review the
desired scope of work for the project to best fit the needs
of the City. Available background information of the
study area such as traffic counts, projections, crash data,
ODOTs signal warrant study, etc., will also be acquired.
r.'
Task 2: Comprehensive Traffic Impact Analysis
We recommend a complete and comprehensive traffic
impact analysis so City staff has definitive data for
making informed decisions on sensitive issues regarding
the overall operation of the City's transportation system
within the study area. We propose to include twelve (12)
intersections in our study to complete the model of the
study area. The following ten (10) intersections will
require AM and PM counts:
1. Orange/~Iillow
2. Orange/Drager
3. N. Main/Manzanita
4. N. Main/Central
5. N. Main/Van Ness
6. Van Ness/Laurel
7. N. Main/Glenn
8. CentraVHersey
9. Hersey/Laurel
to. Orange/Laurel
The following two (2) intersections will require 14-hour
counts for signal warrant analysis:
11. N. Main/Laurel
12. N. Main/Hersey/Wimer
Furthermore, we believe there is insufficient background
data available to support a comprehensive traffic study
that includes any fewer number of intersections to fulfill
the project scope.
Task 3: Highway 99 Intersection Desi!~, Topographic
Survey and R/W Recovery
In addition to providing conceptual geometric layouts for
the Highway 99 intersections, we propose a topographic
and right-of-way survey of the N. Main/Laurel and N.
Main/Hersey/Wimer intersections. An accurate survey
is necessary to provide definitive, realistic
recommendations to the operational and geometric
constraints associated with these two intersections.
Task 4: Draft and Final Findings Report Preparation
The RFP has specific tasks A. - W. listed under Project
Elements which we intend to address as requested. We
will prepare a comprehensive report addressing each
component of the scope. The draft report will be
submitted to the City for review before finalizing and
publishing it.
Task 5: Presentation of Findings to City Council
At the request of the City Staff, HBH and Southern
Oregon Transportation Engineering will present the
report findings to the City Council in a study session.
CIIY 1IIIIIIull
H
B
H
Consulting
Engineers
4497 Brownridge TerrJce, Suite 202
Iv\edford, Oregon 97:)04
541/779-:)216 _ tJx 541/776-7376
April 4, 2008
Jim Olson, PLS
City of Ashland
51 Winburn Way
Ashland, OR 97520
RE: Revised Scope and Schedule for Glenn Street Crossing RFP
Dear Jim:
We have revised the scope of work and budget for the Glenn Street Crossing Project to rel1ect the
changes recommended at our April 1, 2008 meeting. Per our discussion, the number of study
area intersections in the analysis have been reduced from 12 intersections to 6 intersections with
the City supplying tube count data (broken down into 15 minute intervals) for N. Main Street &
Van Ness Avenue, N. Main Street & Central Avenue, and Central Avenue & Hersey Street. The
intersections of Orange A venue & WilIow Street and Orange A venue & Drager Street have been
dropped completely from the analysis.
Additionally, it is our understanding that the Oregon Department of Transportation (ODOT) can
provide count data and signal warrant information for the signalized intersection of Laurel Street
& N. Main Street. Assuming HBH Consulting Engineers and Southern Oregon Transportation
Engineering, LLC will not be responsible for obtaining data or providing analysis at the removed
intersections, we can proceed with the revised scope of work, budget, and work schedule.
If you have any questions or concerns please feel free to contact us.
Sincerely,
HBH Consulting Engineers, Inc.
w~
Neil Burgess, PE
Senior Engineer
Portl,Jnd _ Coos B,J" _ ,\\ecliore! _ Idaho F,lils
Ashland Glenn Street RR Closure RFP
April 4, 2008 Engineering Fee Proposal
HBH CONSULTING ENGINEERS, INC
Prepared by Neil Burgess, PE
Overview of Tasks: Project Management, Traffic Counting, Traffic Impact
Analysis, Conceptual Design, Surveying, Final Report, Formal Report
Presentation
Billing Rates
HBH and Sub-Consultants
Project
Principal In Engineer I Traffic Engr Survey
Charge Managar Engineer Technician Team Total Fee
$120.00
$98.00
$125.00
$80.00
$95.00
2
2
$6&6
$4,540
....
I
TaskZI Comprehensive Traffic impact Analysis
2.1 Data DeWl!opmenl
2.2 Analysis
2.3 Rft Pre
ask 3. Highway 99 lntenectioo Design, Topographic Survey and R/W ~covery
3-1 Topographic SUMJy$
3.2 RNV RtlCOWlty Surveys
3-3 Data Reduction
3.4 ConceptUal Deslgn Allamatl\lflS 2
N 2
4
36
48
Task 4. Draft and Final Findings Report Preparation
4.1 Draft Report Preparation 3 32 12 $4.996
4-2 Meeting with City Staff 2 3 3 $909
4-3 Revise Draft Report and Produce Final Report 2 16 $1 ,BOO
" TobI! Tuk Colts . '. ..... '.. '.. . 7 111 . 111 ., 0 0 $7.713
Task 5. Presentation of Findings to City Council
5-1 Attend Council Study Session to Present Findings 2 4 4 $1,132
Total Tuk COsta '. .... .... ........ ". ". 2 4 4 ...;...... 0 ........0 11.132
Miscellaneous Project Costs I
A Materials, printing, research and other office expenses Materials Estimated @ $200
Total Proposed Engineering Hours & Contract Fee
$39,095 t
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Firm's Capabilities, Resources, and References
H B H
Consulting
EngIneers
HBH is capable of the design and management of large
and complex projects including water and wastewater
treatment facilities, large site plans, roadway designs,
highway designs, surveying, economics, master planning,
SDC methodologies, and other areas of expertise.
We believe that the strength of a firm is not based on a
single individual or on past projects, but on the strength
of our proposed project team and what we are capable of
doing today and in the fUnlre.
Primary Staff and Proposed Time Commitments
Neil Bur2"ess. PE, will serve as project manager and
senior engineer for the project design team. Neil will be
responsible for overseeing the technical design aspects of
the project and coordination of the project through local
government agencies and utility companies. Neil is
available 25% of the time over the life of this project.
Neil has over 14 years industry experience in public and
private projects including commercial site plan
development, master planned residential subdivisions,
and roadway design.
Neil has earned a solid reputation as an effective team
member on complex projects involving numerous
consulting firms and governmental agencies.
Proiect Mana2er and En2ineer of Record -
Proposed Hwv 99 I Twin Creeks Crossin2
At-l!rade Railroad Crossin2. Central Point. OR
Michael Arneson. PE. will serve as a co-project manager
and principle in charge and ensure that all tasks are
completed properly and that all deadlines are met. Mike
will be available 10% of the time during the life of this
project.
With over 15 years experience in the traffic engineering
arena, Mike has the knowledge and background to tackle
any traffic issue. Mike has designed and overseen the
construction of large interstate highways, bridges, and
interchanges. He has also engineered smaller road
pmjl'cts, access management issues, striping and signing
projects, and traffic studies.
~-,
Mike worked for II years as a manager with ODOT up
and down the 1.5 corridor, with most of his career spent
in the ODOT White City District Office.
Mike's ability to pull a team together, communicate
effectively, and solve difficult problems has made him a
leader in the industry. Mike is well known throughout
Oregon for his skills and abilities.
With experience from ODOT, Idaho Transportation
Department (lTD) and private transportation consulting,
Mike brings a valuable and specialized experience and
knowledge to City transportation projects.
Proiect Mana2er and Encineer of Record -
Hwv 99. Valley View - 4th Street Rehab (ODOT)
lohn Pariani. PLS, will serve on this project team as the
survey team manager and will be responsible for all the
surveying required for the project.
John's rich background includes nearly 10 years with the
Oregon Department of Transportation as well as many
years in the consulting industry.
John's personality and easy-going nature will be
considered an important and critical aspect to this
project.
f OUTJ/.{./lll O./l.{'OIl
T ./lIlIlH'O./lTIITIOII*II'III.{.{./UII'" LLC
Kimberly Parducci.\Valker. PE. PTOE, will serve as the
traffic engineer for the project. She will oversee all
components of the traffic impact analysis and prepare
the final traffic document. Kim will be available 25% of
the time over the life of this project.
With 11 years of traffic engineering experience in
Southern Oregon, working in both the private and
public sectors, Kim brings a broad spectrum of
experience to the project. Kim has specific experience
working on projects in the City of Ashland and
surrounding area. She understands what needs to be
done to meet State and local standards and is highly
respected by ODOT and other municipalities.
Helman Sorin2s Traffic Impact Analysis
Kaufman Crossin2 Discovery Analysis,
Ashland Rest Stoo Traffic Imoact Analvsis
Cltlf .,11111....
ENGINEERING SERVICES CONTRACT
Consultant services contract made on the date specified below in Recital A between the City and Consultant as
follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND Consultant: HBH Consulting Engineers
City Hall Address: 4497 Brownridge Terrace, Suite 202
20 E. Main St. Medford OR 97504
Ashland, Oregon 97520
(541) 488-6002 Telephone: 541 779-5216
FAX: (541) 488-5311 FAX: 541 776-7376
Date of this agreement: ~ B: RFP date: February 7,2008
May 6, 2008 Proposal date: March 11, 2008
~2.2. Contracting officer: James H. Olson, Interim Public Works Director
~2.4. Project: NW Ashland Traffic Impact Analysis
~6. Consultant's representative: Neil Burgess PE, Senior Engineer
~8.3. Maximum contract amount: $40,600.00
B. On the date noted above, City issued a request for proposals (RFP) for consulting services needed by City
for the project described above. Consultant submitted a proposal in response to the RFP on the date noted
above.
C. After reviewing Consultant's proposal and proposals submitted by other offerors, City selected Consultant to
provide the services covered by the RFP.
City and Consultant agree as follows:
1. Relationshio between City and Consultant:
Consultant accepts the relationship of trust and confidence established between Consultant and City by this
contract. Consultant covenants with the City to perform services and duties in conformance to and consistent
with the standards generally recognized as being employed by professionals of consultant's caliber in the
locality of the project. Consultant further covenants to cooperate with City, City's representatives, contractors,
and other interested parties in furthering the interests of City with respect to the project. In order to promote
successful completion of the project in an expeditious and economical manner, Consultant shall provide
professional consulting services for City in all phases of the project to which this contract applies, serve as City's
professional consulting representative for the project, and give professional consultation and advice during the
term of this contract. Consultant acknowledges that City is relying on consultant to provide professional
consulting services in a manner that is consistent with the interests of City.
2. Definitions:
Generally words, terms and phrases used in this contract shall have the meaning ascribed to them in the
construction industry, unless the context clearly indicates otherwise. As used in this contract:
2.1. "City" means the City of Ashland, Oregon.
2.2. "Contracting officer" means the person specified in Recital A above or that person's designee.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2008\08-02 HBH Contract 4 08.doc
2.3. "Project" means the project described in Recital A.
2.4. "Work" or "Services' shall mean all labor, materials, plans, specifications, opinions, reports, and
other consulting services and products which Consultant is required to provide under this contract.
3. Term: The term of this contract shall commence on the date specified in Recital A above and end on
completion of all services required by this contract unless sooner terminated as provided in this contract.
4. Authoritv of Contractina Officer: The contracting officer shall have the authority to act on behalf of City in the
administration and interpretation of this contract. The contracting officer shall have complete authority to
authorize services, transmit instructions, receive information, interpret and define City's policies and make other
decisions with respect to Consultant's services.
5. ConsultinQ Services: Consultant shall provide services to City that are described in the RFP.
5.1. In connection with the services described in the RFP, Consultant shall:
5.1.1. Consult appropriate representatives of City to clarify and define City's
requirements relative to the services.
5.1.2. Review available data relative to the services.
5.1.3. Identify data which is not available and is needed to fulfill the services, and act
as City's representative in obtaining such data.
5.1.4. Prepare monthly progress reports to the contracting Officer on the status of
services.
5.1.5. Cooperate with other consultants retained by City in the exchange of
information needed for completion of the services and the project.
5.2. Consultant shall commence performance of services within five days after receiving written
authorization from the contracting officer for work described in the RFP. Consultant shall perform the services
as expeditiously as is consistent with professional skill and care and the orderly progress of the project. Upon
request of City, Consultant shall submit for City's approval, a schedule for the performance of work elements
described in the RFP. Each schedule shall include allowance for periods oftime required for City's review and
approval of Consultant's services. Each schedule, approved by City, shall become a part of this contract.
5.3. Consultant shall perform the services as an independent contractor in accordance with !}enerally
accepted standards in Consultant's profession. Consultant shall be responsible for the professional quality,
technical accuracy and the coordination of all services performed by Consultant. Consultant shall, without
additional compensation, correct or revise any error or deficiencies in the services that are caused by
Consultant's negligence. City's review, approval, acceptance of, or payment for, any of the services shall not be
construed to waive any of City's rights under this contract or of any cause of action arising out of Consultant's
services. In the event of any breach of this contract by Consultant or negligent performance of any of the
services, City's cause of action against Consultant shall not be deemed to accrue until City discovers such
breach or negligence, or should have, with reasonable diligence, discovered such breach or negligence. The
preceding sentence shall not be construed, however, to allow City to prosecute an action against Consultant
beyond the maximum time limitation provided by Oregon law.
6. Assianment of Consultant's Personnel:
6.1. The services covered by this contract shall be rendered by, or under the supervision of the person
specified in Recital A above, who shall act as Consultant's representative in all communications and
transactions with City.
6.2. Consultant will endeavor to honor reasonable specific requests of City with regard to assignment of
Consultant's employees to perform services if the requests are consistent with sound business and professional
practices.
7. Responsibilities of City:
7.1. City will cooperate fully with Consultant to achieve the objectives of this contract.
G:\pub-wrksleng\dept-admin\ENGINEER\PROJECT\2008108-02 HBH Contract 4 08.doc
7.2. City will provide information, documents, materials and services that are within the possl~ssion or
control of City and are required by Consultant for performance of the services.
7.3. City will arrange for access to, and make all provisions for Consultant to enter upon, public and
private property as required for Consultant to perform the services.
7.4. City will provide all permits necessary for completion of the project.
7.5. The contracting officer will act as liaison between City, Consultant, public agencies, and others
involved in the project.
8. Payment:
8.1. City shall pay Consultant for services and reimburse Consultant for expenses incurred by
Consultant in performance of services in accordance with a payment schedule to be submitted by Consultant
and accepted by City. No reimbursement will be made for expenses that are not specifically itemized in this
payment schedule without prior approval by the contracting officer.
8.2. Consultant shall submit monthly invoices to City for Consultant's services within ten days after the
end of the month covered by the invoice.
8.3. Total payments under this contract or any amendments shall not exceed the sum specified in
Recital A above.
9. Compliance with Law:
9.1. This contract will be governed by and construed in accordance with laws of the State of Oregon.
Consultant shall promptly observe and comply with all present and future laws, orders, regulations, mles and
ordinances of federal, state, City and city governments with respect to the services including, but not limited to,
provisions of ORS 279C.505, 279C.515, 279C.520 and 279C.530.
9.2. Pursuant to ORS 279C.520(2) any person employed by Consultant who performs work under this
contract shall be paid at least time and a half pay for all overtime in excess of 40 hours in anyone wElek, except
for persons who are excluded or exempt from overtime pay under ORS 653.010 to 653.261 or under 29 U.S.C.
Sections 201 to 209.
9.3. Consultant is a "subject employer" as defined in ORS 656.005 and shall comply with OF~S 656.017.
Prior to commencing any work, Consultant shall certify to City that Consultant has workers' compensation
coverage required by ORS Chapter 656. If Consultant is a carrier insured employer, Consultant shall provide
City with a certificate of insurance. If Consultant is a self-insured employer, Consultant shall provide City with a
certification from the Oregon Department of Insurance and Finance as evidence of Consultant's status.
9.4. If the amount of this contract is $15,964.00 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 attached notice predominantly in areas where it will
be seen by all employees.
10. Ownership of Documents:
All documents prepared by Consultant pursuant to this contract shall be the property of City. To the Elxtent
permitted by law, City shall, within the limits of the Oregon Tort Claims Act, defend, indemnify and hold
harmless Consultant, its consultants, agents and employees against all damages, claims, expenses and losses
arising out of any reuse of plans, specifications and other documents prepared by Consultant without prior
written authorization of Consultant.
11. Records:
11.1. Consultant shall develop and maintain complete books of account and other records on the
services which are adequate for evaluating Consultant's performance. Consultant shall maintain records in such
a manner as to provide a clear distinction between the expenditures and revenues related to the projlect and the
expenditures and revenues related to Consultant's other business.
G:lpub-wrI<slengldepl-adminIENGINEERlpROJECT\2008108-02 HBH Contract 4 08.doc
11.2. Consultant's books and records shall be made available for inspection by City at reasonable
times, to verify Consultant's compliance with this contract. City shall have the right to request an audit of
Consultant's books and records by a certified public accountant retained by City.
12. Indemnification:
Consultant shall defend, indemnify and save City, its officers, agents, and employees harmless from any and all
claims, actions, costs, judgments, damages or other expenses resulting from injury to any person (including
injury resulting in death), or damage to property (including loss or destruction), of whatsoever nature arising out
of or incident to the negligent performance of this contract by Consultant (including but not limited to, the
negligent acts or omissions of 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 claims, actions,
costs, judgments, damages or other expenses, directly and proximately caused by the negligence of City.
13. Insurance:
13.1. Consultant shall, at its own expense, at all times during the term of this contract, maintain in force:
13.1.1. A comprehensive general liability policy including coverage for contractual
liability for obligations assumed under this contract, blanket contractual liability, products and
completed operations and owner's and contractor's protective insurance;
13.1.2. A professional errors and omissions liability policy; and
13.1.3. A comprehensive automobile liability policy including owned and non-owned
automobiles.
13.2. The coverage under each liability insurance policy shall be equal to or greater than the limits for
claims made under the Oregon Tort Claims Act with minimum coverage of $500,000 per occurrence (combined
single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and
$100,000 per occurrence for property damage.
13.3. Liability coverage shall be provided on an .occurrence" basis. "Claims made" coveragE! will not be
acceptable, except for the coverage required by subsection 13.1.2.
13.4. Contractor shall submit certificates of insurance acceptable to the City with the signed contract
prior to the commencement of any work under this agreement. Each certificate shall state that coverage
afforded under the policy cannot be cancelled or reduced in coverage cannot be made until at least 30 days
prior written notice has been given to City. A certificate which states merely that the issuing company "will
endeavor to mail" written notice is unacceptable.
14. Default
14.1. There shall be a default under this contract if either party fails to perform any act or oblligation
required by this contract within ten days after the other party gives written notice specifying the natur1e of the
breach with reasonable particularity. If the breach specified in the notice is of such a nature that it cannot be
completely cured within the ten day period, no default shall occur if the party receiving the notice begins
performance of the act or obligation within the ten day period and thereafter proceeds with reasonablle diligence
and in good faith to effect the remedy as soon as practicable.
14.2. Notwithstanding subsection 14.1, either party may declare a default by written notice to the other
party, without allowing an opportunity to cure, if the other party repeatedly breaches the terms of this contract.
14.3. If a default occurs, the party injured by the default may elect to terminate this contract and pursue
any equitable or legal rights and remedies available under Oregon law. All remedies shall be cumulative.
14.4. Any litigation arising out of this contract shall be conducted in Circuit Court of the StatE! of Oregon
for Jackson County.
15. Termination:
15.1 Mutual consent. This contract may be terminated at any time by mutual consent of both
parties.
15.2 City's Convenience. This contract may be terminated at any time by City upon 30 days'
notice in writing and delivered by certified mail or in person.
G:\pub-wrIIs\eng\dept-admin\ENGINEER\PROJECTI2008\08-02 HBH Contract 4 08 doc
15.3 For Cause. City may terminate or modify this contract, in whole or in part, effective upon
delivery of written notice to Contractor, or at such later date as may be established by City under any of the
following conditions:
a. 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 servicE!s;
b. 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
c. If any license or certificate required by law or regulation to be held by Contractor to
provide the services required by this contract for any reason denied, revoked, suspended, or not
renewed.
15.4 For Default or Breach.
a. Either City or Contractor 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 1!0 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 othE!r period as
the party giving 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.
b. Time is of the essence for Contractor's performance of each and every obligation and
duty under this contract. City by written notice to Contractor of default or breach, may at any time
terminate the whole or any part of this contract if Contractor fails to provide services called for by
this contract within the time specified herein or in any extension thereof.
c. The rights and remedies of City provided in this subsection (15.4) are not exclusive and
are in addition to any other rights and remedies provided by law or under this contract.
15.5 Obliqation/Liabilitv of Parties: Termination or modification of this contract pursuant to
subsections 15.1, 15.2, 15.3 and 15.4 above shall be without prejudice to any obligations or liabilities or 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 15.1, 15.2, 15.3 and 15.4 of this
section, Contractor shall immediately ceased all activities under this contract, unless expressly directed
otherwise by City in notice of termination. Further, upon termination, Contractor 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 Contractor for work performed prior to the termination date if such work was
performed in accordance with the Contract.
16. Funds Available and Authorized: City has sufficient funds currently available and authorized for Bxpenditure
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 reasonabl~ 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 Consultants" with no
further liability to Consultants.
17. Notices:
Any notice required to be given under this contract or any notice required to be given by law shall be in writing
and may be given by personal delivery or by registered or certified mail, or by any other manner prescribed by
law.
17.1. Notices to City shall be addressed to the contracting officer at the address provided for the City in
Recital A above.
17.2. Notices to Consultant shall be addressed to the Consultant's representative at the address
provided for the Consultant in Recital A above.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2008\08-02 HBH Contract 4 08.doc
18. Assianment:
City and Consultant and the respective successors, administrators, assigns and legal representatives of each
are bound by this contract to the other party and to the partners, successors, administrators, assigns and legal
representatives of the other party. Consultant shall not assign or subcontract Consultanfs rights or obligations
under this contract without prior written consent of City. Except as stated in this section, nothing in this contract
shall be construed to give any rights or benefits to anyone other than City and Consultant.
19. GoveminQ Law; Jurisdiction; Venue: This contract shall be govemed 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 Contractor 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. Contractor, 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.
20. MERGER CLAUSE: 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. CONTRACTOR, 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.
21. Modification:
No modification of this contract shall be valid unless in writing and signed by the parties.
CONSULTANT
By:
CITY OF ASHLAND
By:
Signature
Lee Tuneberg
Finance Director
Printed Name
Its:
Fed 10#
REVIEWED AS TO FORM:
By:
Legal Department
REVIEWED AS TO CONTENT:
By:
Department Head
Goding:
Date:
Date:
(For City use only)
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2008\08-02 HBH Contract 4 08.doc
CERTIFICATIONS OF REPRESENTATION
Contractor, under penalty of pe~ury, certifies that:
(a) The number shown on this 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 r,esult of a
failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to baGkup
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, and
(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, and it is a
corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon
or is an independent contractor as defined in the contract documents, and has checked four or more of the
following criteria:
_ (1) I 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) I 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
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2008\08-02 HBH Contract 4 08.doc
CITY OF ASHLAND, OREGON
City of Ashland
LIVING
WAGE
ALL employers described
below must comply with City
of Ashland laws regulating
payment of a living wage,
a::II!Jper hour effective ..June 30, 2007
r~'
Employees must be paid a
living wage:
';> For all hours worked under a
service contract between their
employer and the City of
Ashland if the contract
exceeds $15,964 or more.
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 $15,964.
';> For all hours worked in a
month if the employee spends
50% or more of the
).;- If their employer is the City of
Ashland including the Parks
and Recreation Department.
In calculating the living wage,
employers may add thl~ value of
health care, retirement, 401 K and
IRS eligible cafeteria plans -
(including childcare) bEmefits to
the amount of wages received by
the employee.
For additional information:
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.u~~.
Notice to Employers: This notice must be posted predominantly in areas where it will be seen by alii employees.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2008\08-02 HBH Contract 4 08.doc
CITY OF
ASHLAND
Form W-9
Request for Taxpayer
Identification Number and Certification
Give fonn to the
request.er. Do not
send to' the IRS.
(Rev. January 20031
Depanment 0/ Ihe lreosury
Intemal R.........., Service
N Name
~
'"
a.
~
o
~j
~I
~~
q::
1
III
Q)
~
Business name. if different from above
O IndMduaV
Check appropriate box: Sole proprietor
o Corporation
Address (number. street. and apt. or suite no)
City. state. and ZIP code
Ust account number(s) here (optionaO
IN)
O 0 0 Exemp! from baCkup
Partnership Other ~ ................._ withho!cllng
Requester's name and address (option",)
I Social security number ~
I I + I + I-LL]
Enter your TIN in the appropriate box. For individuals. this is YOUf social security number (SSN).
However, for a resident alien. sole proprietor. or disregarded entity. see the Part I instructions on
page 3. For other entities. it is your employer identification number (EIN). 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 whose number
to enter.
or
L
Certification
Under penalties of perjury. I cooify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me). and
2. I am not subject to backup withholding 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 withholding as a result of a failure to report all interest or dividends. or (e) the IRS has
notified me that I am no longer subject to backup withholding. and
3. I am a U.S. person (including a U.S. resident alien).
CertiflCBtion instructions. You must cross out item 2 above if you have been notified by the IRS that you are cUffently subject to IJackup
withholding 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 properly. cancellation of debt. contributions to an Individual retirement
arrangement (IRA). and generally. payments other than interest and dividends. you are not required to sign the Certification. but YOIJ must
provide your correct TIN. (See the instructions on page 4.)
SiQnI Signature of
~I u.s. person" Oete ..
Purpose of Form
A person who is required to file an information return with
the I RS. must obtain your correct taxpayer identification
number [TIN) to report. for example. income paid t.o you. real
estat.e transactions. mortgage interest you paid. acquisition
or abandonment of secured property. cancellation of debt. or
contributions yoo made to an IRA.
U.S. person. Use Form W.g only if you are a U.S. perSDn
(including a resident. alien). tD provide your correct TIN tD the
person request.ing it (the requester) and. when applicable. to:
1. Certify that the TIN you are giving is correct (or you are
waiting for a number to be issued).
2. Certify that you are not subject to backup withholding.
or
3. Claim exemption from backup withholding if yoo are a
U.S. exempt payee.
Not.e: If a requester gives you a form other than Form W-9
to request your TIN. you must use the requester's form if it is
substantially similar to this Form W-9.
Foreign person. If you are a foreign person, use the
appropriate Form W-8 (see Pub. 515. Withholding of Tax on
Nonresident Aliens and Foreign Entities).
Nonresident alien who becomes a resident aliEln.
Generally. only a nonresident alien individual may use the
terms of a tax treaty tD reduce or eliminate U.S. I[ax on
certain types of income. However. most t.ax treatiies contain a
provisiDn known as a "saving clause." Exception~; specified
In the saving clause may permit an exemption from tax to
continue for certain types of income even after the recipient
has otherwise become a U.S. resident alien for tax purposes.
If you are a U.s. resident alien who is relying on an
exception contained in the saving clause of a tax treaty to
claim an exemption from U.S. tax Dn certain typE!S of income.
you must attach a statement that specifies the following five
it.ems:
1. The treaty country. Generally. this must be the same
treaty under which you claimed exemption from tax as a
nonresident alien.
2. The treaty article addressing the income.
3. The article number (Dr location) in the tax trE!aty that
cDntains the saving clause and its exceptions.
4. The type and amDunt of income that qualifies for the
exemption from tax.
5. Sufficient facts to justify the exemption from tax under
the terms of the treaty article.
Cat. No. 10231 X
Form W.9 (Rev. 1.2003)
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEC1\2008\08-02 HBH Contract 4 08.doc
CITY OF
ASHL.AND
Council Communication
Approval of a Contract between the City and Carollo Engineers for Final Design
and Engineering Services - TAP Waterline Extension (Project #20108-08)
Meeting Date: May 6,2008 Primary Staff Contact: Jim Olson 552-2412
Department: PW Engineering I Water E-Mail: olsonj@ashland.oLus
Secondary Dept.: Finance Secondary Contact: Paula Brown 488-5587
Approval: Martha Benne Estimated Time: consent
Question:
Will Council approve the attached contract between the City and Carollo Engineers P.e. for Final
Design and Engineering Services -Talent Ashland Phoenix (TAP) Intertie Waterline Extension and
Pump Station in the amount of$699,229?
Staff Recommendation:
Staff recommends approval of the attached contract between the City and Carollo Engineers for Final
Design and Engineering Services of the TAP Intertie Waterline Extension through to final construction
drawings and specifications. Council received the staff report on January 15,2008 and approve the
current schedule and direct staff to proceed with Step #1: Booster Pump Station Site Acquisition, and
Step #2: Final Design and Cost Benefit Analysis. This project and costs are consistent with the Capital
Improvement Program (CIP). There are funds in the FY08 budget to start the project and in the
proposed FY09 Budget. Staff has defined the costs necessary for the FYI 0 budget.
Background:
Carollo Engineers was chosen through competitive proposal selection process for the Preliminary
Engineering Services for the TAP Waterline Extension (Project #2003-34) in December 2003. At that
time the City anticipated the need for follow on engineering design and placed the following statement
in the Request for Proposals:
The City may elect to utilize the same engineering design firm (team) to complete the final
engineering design. However, being hired for initial preliminary engineering is not a
guarantee and does not imply any further work on this effort. The timing of final design is
not firm and may not be planned until sometime in the future, FY08 or beyond. Included in
the final design scope (to be defined fully if there is any follow on contract work) will be a
discussion of the benefits of design build, value engineering or other contracting options,
and the requirement to pre-qualify contractors for this level of competitive bid projects.
Staff recommends the City remain with Carollo Engineers for consistency and overall cost benefit.
Staff worked with Carollo Engineers to develop the attached scope of work and agrees with the scope,
timing and overall cost of $699,229. Final design will include all of the elements up to and including
the bid process. Elements of this work will include final pipeline alignment analysis, pump station
siting and acquisition support, environmental evaluation and permitting, geotechnical evaluation,
surveying and finally preparing the design documents and final construction cost estimates. During the
final design scoping, staffwill engage in a conversation of the optimal construction process including a
Page 1 of 3
050608 Carollo TAP contract.CC.doc
r.,
CITY OF
ASHL.AND
value engineering and pre-qualifying contractors similar to the process used in the initial TAP
Construction in 2002. Typically staff will evaluate the need and scope of construction management
services once the project is put out for bid. At that time, it may be prudent to solicit and pursue some
level of services from Carollo Engineers to interpret design questions during the construction process.
.
Initial look at these costs may appear high, but are well within standards for this level of expertise and
design effort. These design costs represent less than 9% of the anticipated construction costs.
Similarly, the design costs for the original TAP waterline from Medford to Talent designed by MWH
was ultimately 11.6% of the final construction costs, the wastewater treatment plant design costs were
9.5% of the construction costs, and recently the design costs of the water pipeline projects by Brown
and Caldwell were over 16% of the final construction costs. Typically engineering design firms will
charge 8-12% of the estimated construction cost on a commercial construction projects.
TAP Costs: As presented in the January 15, 2008 Council Communication, the following costs are
anticipated. Construction costs have sharply increased over the last three years. The following
summarizes the anticipated costs of the project (updated November 2007) and they will be updated
again through the final engineering design process:
TAP Pipeline Construction Medford to Talent (2002)
Purchase Water Rights (2002)
Engineering
Preliminary (2004-07)
Final Design and Permitting (proposed 2008-09)
Future Connection of TAP from Talent to Ashland (proposed 2010-12)
Future SDCs to Medford Water Commission (assumed)
Paid
$1,450,000
931,000
Future Costs
75,000
$1,5810,000 ~
6,1010,000
2,0010,000
Future Ashland Pump Station (proposed 2008-09)
Future Ashland Distribution System Upgrades
Additional Lost Creek Water (increased costs)
TOTAL Costs:
Paid to date:
Total Future Costs:
1,800,000 ~
500,000
600,000
$15,036,000
$2,456,000
$12,580,000
These future costs could be funded through a combination of revenue sources ineluding
Water SDCs approximately 75% of TAP Pipeline,
& 100% of the purchased water rights
approximately
Water Rates
$9,585,000
2,995,000
Bonds, loans or other initial funding will likely be required to cover the collection of SDCs.
The $1,580,000 shown in Final Design and Permitting includes the nearly $700,000 in Carollo's
design services, future construction management services and all permitting costs associated with the
various jurisdictions including the City of Talent, Jackson County, ODOT, Talent Irrigation District
and the City of Ashland.
Page 2 of 3
050608 Carollo TAP contract.CC.doc
~A'
CITY OF
ASH L.A.N D
Staff anticipates this to be a two year process with the first seven tasks in FY09 (approximately
$250,000) and the actual final design and cost estimates to be completed in early FYI 0 (the remaining
$450,000). This is consistent with the Capital Improvements Plan. As such, the schedule for the
remainder of the project has been updated and is shown below.
TAP Pre-Design
TAP Reservoir Siting /
Land Evaluation
TAP Final Design and
Property Acquisition
TAP Pipeline/System
Construction
~ ;; 9 ?
~ ;g .Q ~
'-0 '-0 r- r- oo 00 0- 0- 0 0 ~
>=' >=' :? >=' :? :? >=' >=' ::-
:; ~ c .... :; ~ ~ .... :; 8 ~
u CIl 0- u ~
...., 0 ...., ~ ...., 0 ...., ...., -,
Related City Policies:
Budget and CIP
Water Master Plans and Comprehensive Water Supply Plan
Project 2003-34; TAP Preliminary Engineering TM 1-4 (Carollo)
Council Options:
1. Approve staffs recommendation and authorize execution of the attached contract between the City
and Carollo Engineers for completion of final design of the Talent Ashland Phoenix (TAP) Intertie
pipeline and pump station in the amount of$699,229;
2. Request additional information for approval of the attached contract.
3. Deny approval of the attached contract
Potential Motions:
1. Council moves approval and authorize execution of the attached contract between the City and
Carollo Engineers for completion of final design of the Talent Ashland Phoenix (TAP) Intertie
pipeline and pump station in the amount of$699,229.
2. Council removes this item from consideration on the consent agenda and requests additional
information from staff.
3. Council removes this item from consideration on the consent agenda and declines to take action on
the attached contract.
Attachments:
Contract between the City of Ashland and Carollo Engineers; including the scope of work
Page 3 of 3
050608 Carollo TAP contract.CCdoc
r~'
ENGINEERING SERVICES CONTRACT
Consultant services contract made on the date specified below in Recital A between the City and Consultant as follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND Consultant: Carollo Engineers
City Hall Address: Attn: Robert B. Eimstad, Partner
20 E. Main Street 4380 SW Macadam, Suite 350
Ashland, Oregon 97520 Portland, OR 97239
(541) 488-6002 Telephone: (503) 227-1885
FAX: (541) 488-5311 FAX: (503) 227-1747
Date of this agreement: ~ B: RFP date: Nov 2003 (Follow on to Project 2003-34)
May 6, 2008 Proposal date: April 9, 2008 SCOPE OF WORK AND BUDGET -
FINAL ENGINEERING SERVICES (attached)
~2.2. Contracting officer: James H. Olson, PLS
~2.4. Project: Proj 2008-08: Final Design and Engineering Services - TAP Waterline Extension
~6. Consultant's representative: Robert B. Eimstad, Partner
~8.3. Maximum contract amount: $699,299
B. On the date noted above, City issued a request for proposals (RFP) for consulting services needed by City for the project
described above. Consultant submitted a proposal in response to the RFP on the date noted above.
C. After reviewing Consultant's proposal and proposals submitted by other offerors, City selected Consultant to provide the
services covered by the RFP.
City and Consultant agree as follows:
1. Relationship between City and Consultant:
Consultant accepts the relationship of trust and confidence established between Consultant and City by this contract. Consultant
covenants with the City to perform services and duties in conformance to and consistent with the standards gemerally recognized
as being employed by professionals of consultant's caliber in the locality of the project. Consultant further COVlmants to cooperate
with City, City's representatives, contractors, and other interested parties in furthering the interests of City with respect to the
project. In order to promote successful completion of the project in an expeditious and economical manner, Consultant shall
provide professional consulting services for City in all phases of the project to which this contract applies, serve as City's
professional consulting representative for the project, and give professional consultation and advice during the term of this
contract. Consultant acknowledges that City is relying on consultant to provide professional consulting services in a manner that
is consistent with the interests of City.
2. Definitions:
Generally words, terms and phrases used in this contract shall have the meaning ascribed to them in the construction industry,
unless the context clearly indicates otherwise. As used in this contract:
2.1. "City" means the City of Ashland, Oregon.
2.2. "Contracting officer" means the person specified in Recital A above or that person's designee.
2.3. "Project" means the project described in Recital A.
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2.4. "Work" or "Services" shall mean all labor, materials, plans, specifications, opinions, reports, and other consulting
services and products which Consultant is required to provide under this contract.
3. Term: The term of this contract shall commence on the date specified in Recital A above and end on completion of all services
required by this contract unless sooner terminated as provided in this contract.
4. Authority of Contractino Officer: The contracting officer shall have the authority to act on behalf of City in the administration and
interpretation of this contract. The contracting officer shall have complete authority to authorize services, transmit instructions,
receive information, interpret and define City's policies and make other decisions with respect to Consultant's services.
5. Consultino Services: Consultant shall provide services to City that are described in the RFP.
5.1. In connection with the services described in the RFP, Consultant shall:
5.1.1. Consult appropriate representatives of City to clarify and define City's requirements relative to the
services.
5.1.2. Review available data relative to the services.
5.1.3. Identify data which is not available and is needed to fulfill the services, and act as City's
representative in obtaining such data.
5.1.4. Prepare monthly progress reports to the contracting Officer on the status of services.
5.1.5. Cooperate with other consultants retained by City in the exchange of information needed for
completion of the services and the project.
5.2. Consultant shall commence performance of services within five days after receiving written authorization from the
contracting officer for work described in the RFP. Consultant shall perform the services as expeditiously as is consistent with
professional skill and care and the orderly progress of the project. Upon request of City, Consultant shall submit for City's
approval, a schedule for the performance of work elements described in the RFP. Each schedule shall include~ allowance for
periods of time required for City's review and approval of Consultant's services. Each schedule, approved by City, shall become a
part of this contract.
5.3. Consultant shall perform the services as an independent contractor in accordance with generally accepted
standards in Consultant's profession. Consultant shall be responsible for the professional quality, technical accuracy and the
coordination of all services performed by Consultant. Consultant shall, without additional compensation, correct or revise any
error or deficiencies in the services that are caused by Consultant's negligence. City's review, approval, acceptance of, or
payment for, any of the services shall not be construed to waive any of City's rights under this contract or of any cause of action
arising out of Consultant's services. In the event of any breach of this contract by Consultant or negligent performance of any of
the services, City's cause of action against Consultant shall not be deemed to accrue until City discovers such breach or
negligence, or should have, with reasonable diligence, discovered such breach or negligence. The preceding sentence shall not
be construed, however, to allow City to prosecute an action against Consultant beyond the maximum time limitation provided by
Oregon law.
6. Assionment of Consultant's Personnel:
6.1. The services covered by this contract shall be rendered by, or under the supervision of the person specified in
Recital A above, who shall act as Consultant's representative in all communications and transactions with Ci~,.
6.2. Consultant will endeavor to honor reasonable specific requests of City with regard to assignment of Consultant's
employees to perform services if the requests are consistent with sound business and professional practices.
7. Responsibilities of City:
7.1. City will cooperate fully with Consultant to achieve the objectives of this contract.
7.2. City will provide information, documents, materials and services that are within the possession or control of City and
are required by Consultant for performance of the services.
7.3. City will arrange for access to, and make all provisions for Consultant to enter upon, public and private property as
required for Consultant to perform the services.
7.4. City will provide all permits necessary for completion of the project.
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7.5. The contracting officer will act as liaison between City, Consultant, public agencies, and others involved in the
project.
8. Payment:
8.1. City shall pay Consultant for services and reimburse Consultant for expenses incurred by Consultant in performance
of services in accordance with a payment schedule to be submitted by Consultant and accepted by City. No reimbursement will
be made for expenses that are not specifically itemized in this payment schedule without prior approval by the contracting officer.
8.2. Consultant shall submit monthly invoices to City for Consultant's services within ten days after thE! end of the month
covered by the invoice.
8.3. Total payments under this contract or any amendments shall not exceed the sum specified in Recital A above.
9. Compliance with Law:
9.1. This contract will be governed by and construed in accordance with laws of the State of Oregon. Consultant shall
promptly observe and comply with all present and future laws, orders, regulations, rules and ordinances of federal, state, City and
city governments with respect to the services including, but not limited to, provisions of ORS 279C.505, 279C.!515, 279C.520 and
279C.530.
9.2. Pursuant to ORS 279C.520(2) any person employed by Consultant who performs work under this contract shall be
paid at least time and a half pay for all overtime in excess of 40 hours in anyone week, except for persons who are excluded or
exempt from overtime pay under ORS 653.010 to 653.261 or under 29 U.S.C. Sections 201 to 209.
9.3. Consultant is a "subject employer" as defined in ORS 656.005 and shall comply with ORS 656.0117. Prior to
commencing any work, Consultant shall certify to City that Consultant has workers' compensation coverage required by ORS
Chapter 656. If Consultant is a carrier insured employer, Consultant shall provide City with a certificate of insurance. If Consultant
is a self-insured employer, Consultant shall provide City with a certification from the Oregon Department of Insurance and
Finance as evidence of Consultant's status.
9.4. If the amount of this contract is $15,964.00 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 attached notice predominantly in areas where it will be seen by all employees.
10. Ownership of Documents:
All documents prepared by Consultant pursuant to this contract shall be the property of City. To the extent permitted by law, City
shall, within the limits of the Oregon Tort Claims Act, defend, indemnify and hold harmless Consultant, its consultants, agents and
employees against all damages, claims, expenses and losses arising out of any reuse of plans, specifications and other
documents prepared by Consultant without prior written authorization of Consultant.
11. Records:
11.1. Consultant shall develop and maintain complete books of account and other records on the sen/ices which are
adequate for evaluating Consultant's performance. Consultant shall maintain records in such a manner as to provide a clear
distinction between the expenditures and revenues related to the project and the expenditures and revenues related to
Consultant's other business.
11.2. Consultant's books and records shall be made available for inspection by City at reasonable times, to verify
Consultant's compliance with this contract. City shall have the right to request an audit of Consultant's books and records by a
certified public accountant retained by City.
12. Indemnification:
Consultant shall defend, indemnify and save City, its officers, agents, and employees harmless from any and all claims, actions,
costs, judgments, damages or other expenses resulting from injury to any person (including injury resulting in death), or damage
to property (including loss or destruction), of whatsoever nature arising out of or incident to the negligent performance of this
contract by Consultant (including but not limited to, the negligent acts or omissions of 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
claims, actions, costs, judgments, damages or other expenses, directly and proximately caused by the negliglence of City.
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13. Insurance:
13.1. Consultant shall, at its own expense, at all times during the term of this contract, maintain in force:
13.1.1. A comprehensive general liability policy including coverage for contractual liability for obligations
assumed under this contract, blanket contractual liability, products and completed operations and owner's and
contractor's protective insurance;
13.1.2. A professional errors and omissions liability policy; and
13.1.3. A comprehensive automobile liability policy including owned and non-owned automobilles.
13.2. The coverage under each liability insurance policy shall be equal to or greater than the limits for claims made under
the Oregon Tort Claims Act with minimum coverage of $500,000 per occurrence (combined single limit for bodily injury and
property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage.
13.3. Liability coverage shall be provided on an "occurrence" basis. "Claims made" coverage will not be acceptable,
except for the coverage required by subsection 13.1.2.
13.4. Contractor shall submit certificates of insurance acceptable to the City with the signed contract prior to the
commencement of any work under this agreement. Each certificate shall state that coverage afforded under the policy cannot be
cancelled or reduced in coverage cannot be made until at least 30 days prior written notice has been given to City. A certificate
which states merely that the issuing company "will endeavor to mail" written notice is unacceptable.
14. Default:
14.1. There shall be a default under this contract if either party fails to perform any act or obligation required by this
contract within ten days after the other party gives written notice specifying the nature of the breach with reasonable particularity.
If the breach specified in the notice is of such a nature that it cannot be completely cured within the ten day period, no default
shall occur if the party receiving the notice begins performance of the act or obligation within the ten day period and thereafter
proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable.
14.2. Notwithstanding subsection 14.1, either party may declare a default by written notice to the other party, without
allowing an opportunity to cure, if the other party repeatedly breaches the terms of this contract.
14.3. If a default occurs, the party injured by the default may elect to terminate this contract and pursue any equitable or
legal rights and remedies available under Oregon law. All remedies shall be cumulative.
14.4. Any litigation arising out of this contract shall be conducted in Circuit Court of the State of Oregon for Jackson
County.
15. Termination:
15.1 Mutual consent. This contract may be terminated at any time by mutual consent of both parties.
15.2 City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing
and delivered by certified mail or in person.
15.3 For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written
notice to Contractor, or at such later date as may be established by City under any of the following conditions:
a. 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;
b. 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
c. If any license or certificate required by law or regulation to be held by Contractor to provide the services
required by this contract for any reason denied, revoked, suspended, or not renewed.
15.4 For Default or Breach.
a. Either City or Contractor 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 1 ~i days of the date of
the notice, or within such other period as the party giving 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.
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b. Time is of the essence for Contractor's performance of each and every obligation and duty under this
contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of
this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any
extension thereof.
c. The rights and remedies of City provided in this subsection (15.4) are not exclusive and are in addition to
any other rights and remedies provided by law or under this contract.
15.5 Obliaation/Liabilitv of Parties: Termination or modification of this contract pursuant to subsections 15.1,
15.2, 15.3 and 15.4 above shall be without prejudice to any obligations or liabilities or 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 15.1, 15.2, 15.3 and 15.4 of this section, Contractor shall immediately ceased all activities under this contract,
unless expressly directed otherwise by City in notice of termination. Further, upon termination, Contractor 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 Contractor for work performed prior to the termination date if such work was performed in accordance
with the Contract.
16. 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 Consultants, with
no further liability to Consultants.
17. Notices:
Any notice required to be given under this contract or any notice required to be given by law shall be in writing and may be given
by personal delivery or by registered or certified mail, or by any other manner prescribed by law.
17.1. Notices to City shall be addressed to the contracting officer at the address provided for the City in Recital A above.
17.2. Notices to Consultant shall be addressed to the Consultant's representative at the address provided for the
Consultant in Recital A above.
18. Assianment:
City and Consultant and the respective successors, administrators, assigns and legal representatives of each are bound by this
contract to the other party and to the partners, successors, administrators, assigns and legal representatives of the other party.
Consultant shall not assign or subcontract Consultant's rights or obligations under this contract without prior written consent of
City. Except as stated in this section, nothing in this contract shall be construed to give any rights or benefits to anyone other than
City and Consultant.
19. Govemina Law: Jurisdiction: Venue: This contract shall be governed and construed in accordance with tl1e 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 Contractor 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. Contractor, 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.
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20. MERGER CLAUSE: 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. CONTRACTOR, 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.
21. Modification:
No modification of this contract shall be valid unless in writing and signed by the parties.
CONSULTANT
By:
CITY OF ASHLAND
By:
Signature
Lee Tuneberg
Finance Director
Printed Name
Its:
FedlD#
REVIEWED AS TO FORM:
By:
Legal Department
REVIEWED AS TO CONTENT:
By:
Department Head
Coding:
Date:
Date:
(For City use only)
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CERTIFICATIONS OF REPRESENTATION
Contractor, under penalty of perjury, certifies that:
(a) The number shown on this 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, whEln executed and
delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, and
(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, and it is a corporation authorized to act on behalf of the
entity designated above and authorized to do business in Oregon or is an independent contractor as defined in the contract
documents, and has checked four or more of the following criteria:
_ (1) I carry out the labor or services at a location separate from my residence or is in a specific portion iOf 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) I 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
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Form W-g
Request for Taxpayer
Identification Number and Certification
Give form to the
requester. Do not
send to the IRS.
(Rev. October 2007)
Department of the Trmsll'Y
Intamal Revenue Setvioo
i Name (as shown on your Income tax retum)
",I
~l-.____.._.__._...__________.__m._m________.______._.._._...--.....----..-.....---
11 I Business name. IT different from above
51
'Ilrfi
Cl.o'
It'ys!
(j~l
~ I
'I: - I
Q.~j
-,
I i City, stale, and ZIP code
(I);
i i Ust account number{s) here (optionaq
(1)1
till.,
Check appropriate box: 0 IndMduallSole proprietor 0 Corporation 0 Partnership
n Umlted liability oompany. Enter the tax classification (D~lsregarded entfly, C~rporatlon. P~rtnershjp) .. ...
[J Other (see f1slructiOOsl ..
Address (number, stnee!. and apt. Of suite no.)
O Exempt
. payee
Requester's name and address (oj:~lonaq
Taxpaye~ Identification Number (tiN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on Une 1 to avoid
backup withholding. For individuals. this is your social security number (SSN). However, for a resident
alien. sole proprietor, or disregarded entity. see the Part I instructions on page 3. For other entities, It is
your employer identification number (EIN). 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 whose
number to enter.
IIfIIII Certification
........-------.-------1
I Social security number
l ' ,
_.._________!___~___..._._J
or
I EmPIOY~ identlflcat;.)!> number
I :
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or t am waiting lor a number to be issued to me), and
2. I am not subject to backup withholding because: (a) t am exempt from backup withholding, or (b) I have not been notified by the Internal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or {c} the IRS has
notified me that I am no longer subject to backup withholding, and
3. I am a U.S. citizen or other U.S. person (defined below).
Certification Instructions. You must cross out Item 2 above if you have been notified by the IRS that you are currently subjeCt to backup
withholding because you have faited to report all interest and dividends on your tax retum. For real estate transactions, Item 2 does not apply.
For mortgage interest paid. acquisition or abandonment of secured property, cancellation of debt. contributions to an individual retirement
arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. See the instructions on page 4.
Sign I Signature of
Here u.s. penIOI'l ..
General Instructions
Section references are to the Internal Revenue Code unless
otherwise noted.
Purpose of Form
A person who is required to file an information return with the
IRS must obtain your correct taxpayer identification number (TIN)
to report, for example, income paid to you, real estate
transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or
contributions you made to an IRA
Use Form W-9 only if you are a U.S. person (including a
resident alien), to provide your comect TIN to the person
requesting it (the requester) and, when applicable, to:
1. Certify that the TIN you are giving is COmect (or you are
waiting for a number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S.
exempt payee. If applicable, you are also certifying that as a
U,S. person, your allocable share of any partnership income from
a U.S. trade or business is not subject to the withholding tax on
foreign partners' share of effectively connected income.
Note. If a requester gives you a form other than Form W-9 to
request your TIN. you must use the requester's form if it is
substantially similar to this Form W-9.
Date ..
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S, person if you are:
. An individual who is a U.S. citizen or U.S. resfdent alien,
. A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United
States,
. An estate (other than a foreign estate), or
. A domestic trust (as defined in Regulations sf!Ction
301.7701-7).
Special rules for partnerships. Partnerships that conduct a
trade or business in the United States are generally required to
pay a withholding tax on any foreign partners' share of income
from such business. Further, in certain cases where a Form W-9
has not been received, a partnership is required to presume that
a partner is a foreign person, and pay the withholding tax.
Therefore. if you are a U.S. person that is a partner in a
partnership conducting a trade or business in the United States,
provide Form W-9 to the partnership to establish your U.S.
status and avoid withholding on your share of partnership
Income.
The person who gives Form W-9 to the partnership for
purposes of establishing its U.S. status and avcliding withholding
on Its allocable share of net income from the pllrtnership
conducting a trade or business in the United States is In the
following cases:
. The U.S. owner of a disregarded entity and not the entity,
Cat. No. 102S1X Form 'W-9 (F\~v. 10-2007)
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Form W-9 (Rev. 10-2007)
Page 2
. The U.S. grantor or other owner of a grantor trust and not the
trust, and
. The U.S. trust (other than a grantor trust) and not the
beneficiaries of the trust.
Foreig" person. If you are a foreign person, do not use Form
W-9. Instead, use the appropriate Form W-8 (see Publication
515, Withholding of Tax on Nonresident Aliens and Foreign
Entities).
Nonresident alien who becomes a resident alien. Generally,
only a nonresident alien individual may use the terms of a tax
treaty to reduce or eliminate U.S. tax on certain types of Income.
However. most tax treaties contai(l a provision known as a
Wsaving clause." Exceptions specified in the saving clause may
permit an exemption from tax to continue for certain types of
income even after the payee hae otherwise become a U.S.
resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an exception
contained in the saving clause of a tax treaty to claim an
exemption from U.S. tax on certain types of income. you must
attach a statement to Form W-g that specifies the following five
items:
1. The treaty country. Generally, this must be the same treaty
under which you claimed exemption from tax as a nonresident
alien.
2. The treaty article addressing the Income.
3. The article number (or location) In the tax treaty that
contains the sailing clause and its exceptions.
4. The type and amount of income that qualifies for the
exemption from tax.
5. Sufficient facts to justify the exemption from tax under the
terms of the treaty article.
Example. Article 20 of the U.S.-China income tax treaty allows
an exemption from tax for scholarship income received by a
Chinese student temporarily present in the United States. Under
U.S. law. this student will become a resident alien for tax
purposes if his or her stay in the United States exceeds 5
calendar years. However. paragraph 2 of the first Protocol to the
U.S.-China treaty (dated April 30, 1984) allows the provisions of
Article 20 to continue to apply even after the Chinese student
becomes a resident alien of the United States. A Chinese
student who qualifies for this exception (under paragraph 2 of
the first protoco~ and is relying on this exception to claim an
exemption from tax on his or her scholarship or fellowship
Income would attach to Form W-9 a statement that Includes the
information described above to support that exemption.
If you are a nonresident alien or a foreign entity not subject to
backup withholding, give the requester the appropriate
completed Form W-8.
What is backup withholding? Persons making certain payments
to you must under certain conditions withhold and pay to the
IRS 28% of such payments. This is called "backup withholding..
Payments that may be subject to backup withholding include
interest, tax-exempt interest. dividends, broker and barter
exchange transactions. rents, royalties. nonemployee pay, and
certain payments from fishing boat operators. Real estate
transactions are not subject to backup withholding.
You wiD not be subject to backup withholding on payments
you receive if you give the requester your correct TIN, make the
proper certifications. and report all your taxable interest and
dividends on your tax retum.
Payments you receive will be subject to backup
withholding if:
1. You do not fumish your TIN to the requester.
2. You do not certify your TIN when required (see the Part II
Instructions on page 3 fbr details),
3. The IRS tells the requester that you furnished an Incorrect
TIN,
4. The IRS tells you that you are subject to backup
withholding because you did not report all your interest and
dividends on your tax return (for reportable intere!,t and
dividends only), or
5. You do not certify to the requester that you are not subject
to backup withholding under 4 above (for reportal~le Interest and
dividend accounts opened after 1983 only).
Certain payees and payments are exempt from backup
withholding. See the Instructions below and the separate
Instructions for the Requester of Form W-9.
Aiso see Special rules for partnerships on page 1.
Penalties
Failure to furnish TIN. If you fall to furnish your correct TIN to a
requester, you are subject to a penalty of $50 for each such
failure unless your failure is due to reasonable cause and not to
willful neglect.
Civil penalty for false information with respect to
withholding. If you make a false statement with 110 reasonable
basis that results in no backup withholding, you are subject to a
$500 penalty.
Criminal penalty for falsifying information. Willlully falsifying
certifications or affirmations may subject you to criminal
penalties including fines and/or imprisonment.
Misuse of TINs. If the requester discloses or USEiS TINs in
violation of federal law. the requester may be sut~ect to civil and
criminal penalties.
Specific Instructions
Name
If you are an Individual. you must generally enter the name
shown on your income tax return. However. if you have changed
your last name, for instance. due to marriage without informing
the Social Security Administration of the name change. enter
your first name, the last name shown on your social security
card. and your new last name.
If the account Is In 100nt names. list first, and then circle. the
name of the person or entity whose number you entered in Part I
of the form.
Sole proprietor. Enter your individual name as shown on your
income tax return on the "Name" line. You may Imter your
business, trade. or "doing business as (DBA)" name on the
"Business name" line.
Limited liability company (LLC). Check the "Umited liability
company" box only and enter the appropriate cede for the tax
classification ("0" for disregarded entity, "C" for corporation, WP"
for partnership) In the space provided.
For a single-member LLC (including a foreign LLC with a
domestic owner) that is disregarded as an entity separate from
its owner under Regulations section 301.7701-3. enter the
owner's name on the uName~ line. Enter the LLC's name on the
"Business name" line.
For an LLC classified as a partnership or a corporation. enter
the LLC's name on the "Name" line and any business, trade. or
DBA name on the "Business name" line.
Other entitles. Enter your business name as shl~wn on required
federal tax documents on the "Name" line. This name should
match the name shown on the charter or other legal document
creating the entity. You may enter any business. trade. or DBA
name on the "Business name" line.
Note. You are requested to check the appropriate box for your
status Qndividual/sole proprietor, corporation, etl~.).
Exempt Payee
If you are exempt from backup withholding, entllr your name as
described above and check the appropriate bol<. for your status.
then check the "Exempt payee" box in the line following the
business name, sign and date the form.
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Page 9 of 12
Form '1'1-9 (Rev. 10-2007i
Page 3
Generally, individuals (Including sole proprietors) are not exempt
from backup withholding. Corporations are exempt from backup
withholding for certain payments, such as Interest and dividends.
Note, If you are exempt from backup withholding, you should
still complete this form to avoid possible erroneous backup
withholding.
The following payees are exempt from backup withholding:
1. An organization exempt from tax under section 501(a), any
IRA, or a custodial account under section 403(b)(7) if the account
satisfies the requirements of section 401 (f)(2),
2. The United States or any of Its agencies or
instrumentalities,
3. A state, the District of Columbia, a possession of the United
States, or any of their political sutxlivislons or instrumentalities,
4. A foreign govemment or any of its political subdivisions,
agencies, or instrumentalities, or
5. An international organization or any of its agencies or
instrumentalities.
Other payees that may be exempt from backup withholding
include:
6. A corporation,
7. A foreign central bank of issue,
8. A dealer in securities or commodities required to register in
the United States, the District of Columbia, or a possession of
the United States,
9. A futures commission merchant registered with the
Commodity Futures Trading Commission,
10. A real estate investment trust,
11. An entity registered at all times during the tax year under
the Investment Company Act of 1940,
12. A common trust fund operated by a bank under section
584(a),
13. A fmanciallnstitutlon,
14. A middleman known In the investment community as a
nominee or custodian, or
15. A trust exempt from tax under section 664 or described in
section 4947.
The chart below shows types of payments that may be
exempt from backup withholding. The chart applies to the
exempt payees listed above, 1 through 15.
IF the payment Is for . . .
THEN the payment Is exempt
for.. .
All exempt payees except
for 9
Exempt payees 1 through 13.
Also, a person registered under
the Investment Advisers Act of
1940 who regularly acts as a
broker
Exempt payees 1 through 5
Interest and dividend payments
Broker transactions
Barter exchange transactions
and patronage dividends
Payments over $600 required
to be reported and direct
sales over $5,000'
Generally, e~empt payees
1 through 7
'See Form 1009-MISC, Mlscellaneouslneoma, and Its Instructions.
'However, thelollowlng payments made to a corporation (Including gross
proceeds paid to an attorney under section 6045{l). even If the attorney is a
corporation) and reportable on Form 1099-MISC are not exampt from
backup withholding: medical and health care payments, attorneys' fees, and
payments for services paid by a federal executive agency.
Part I. Taxpayer Identification
Number (TIN)
Enter your TIN in the appropriate box. If you an~ a resident
alien and you do not have and are not eligible to get an SSN,
your TIN is your IRS individual taxpayer identification number
(ITlN). Enter it in the social security number box. If you do not
have an ITlN, see How to get a TIN below.
If you are a sole proprietor and you have an EIN, you may
enter either your SSN or EIN. However, the IRS prefers that you
use your SSN.
If you are a single-member llC that is disregarded as an
entity separate from its owner (see Limited Iiabifii)/ company
(lie) on page 2), enter the owner's SSN (or EIN, if the owner
has one). Do not enter the disregarded entity's EIN. If the llC is
classified as a corporation or partnership, enter the entity's EIN.
Note. See the chart on page 4 for further clarification of name
and TIN combinations.
How to get a TIN. If you do not have a TIN, apply for one
immediately. To apply for an SSN, get Form S$-5, Application
for a Social Security Card, from your local Social Security
Administration office or get this form online at WWW.ssa.gov. You
may also get this form by calling 1..goo-772-121~k Use Form
W-7, Application for IRS Individual Taxpayer IdentifICation
Number, to apply for an ITlN, or Form SS-4, Application for
Employer Identification Number, to apply for an EIN. You can
apply for an EIN online by accessing the IRS website at
www.irs.govlbusinesses and clicking on Employer Identification
Number (EIN) under Starting a Business. You can get Forms W-7
and SS-4 from the IRS by visiting www.irs.gov or by calling
1-800-T AX-FORM (1-800-829-3676).
If you are asked to complete Form W-9 but do, not have a TIN.
write -Applied For" in the space for the TIN, sign and date the
form, and give it to the requester. For interest and dividend
payments, and certain payments made with respect to readily
tradable instruments, generally you will have 60 days to get a
TIN and give it to the requester before you are s'ubject to backup
withholding on payments. The 6O-day rule does not apply to
other types of payments. You will be subject to backup
withholding on all such payments until you provide your TIN to
the requester,
Note. Entering -Applied For" means that you have already
applied for a TIN or that you intend to apply for .one soon.
Caution: A disregarded domestic entity that has a foreign owner
must use the appropriate Form W-8.
Part II. Certification
To establish to the withholding agent that you are a U.S. person,
or resident alien, sign Form W-9. You may be requested to sign
by the withholding agent even if items 1, 4, and 5 below indicate
otherwise.
For a joint account, only the person whose TIN is shown in
Part I should sign (when required). Exempt payees, see Exempt
PaYIffl on page 2.
Signature requirements. Complete the certifICation as indicated
in 1 through 5 below.
1. Interest, dividend, and barter exchange tllCCOUnts
opened before 1984 and broker accounts considered active
during 1983. You must give your correct TIN, but you do not
have to sign the certification.
2. Interest, dividend, broker, and barter exc:hange
accounts opened after 1983 and broker accounts considered
inactive during 1983. You must sign the certification or backup
withholding will apply. If you are subject to bac;I1;up withholding
and you are merely providing your correct TIN to the requester,
you must cross out item 2 in the cartification before signing the
form.
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Page 100f12
Form W-9 (A!>v. 10-2007)
3. Real estate transactions. You must sign the certification.
You may cross out item 2 of the certification.
4. Other payments. You must give your correct TIN, but you
do oot have to sign the certifICation unless you have been
notified that you have previously given an incorrect TIN. "Other
payments. Include payments made In the course of the
requester's trade or business for rents, royalties, goods (other
than bills for merchandise), medical and health care services
(including payments to corporations), payments to a
nonemployee for services, payments to certain fishing boat crew
members and fishermen, and gross proceeds paid to attomeys
(induding payments to corporations).
5. Mortgage interest paid by you, acquisition or
abandonment of secured property, cancellation of debt,
qualified tuition program payments (under section 529), IRA,
Coverdell ESA, Archer MSA or HSA contributions or
distributions. and pension distributions. You must give your
correct TIN, but you do oot have to sign the certifICation.
What Name and Number To Give the Requester
Give name and SSN of:
For this type of account
i
I
stale law i
5. Sole proprietOrship or disregarded 1
entity owned by an individual i
1. Individual
2. Two or more individuals yolnt
account)
The individual
The actual owner of the account or.
if combined funds. the flrst
individual on the account'
The mioor '
3. Custodian account of a minor
(Uniform Gift to Minors Act)
4. a. The usual rellocable savings
trust (grantor Is also trustee)
b. So-called trust account that is
not a legal or valid trust under
The grantor-trustee
The actual owner .
The owner'
____~!.. thi~_~pe o~~~~_____L_..._.~!~~~ and EIN ~~:...__._
6. Disregarded entity not owned by an! The owner
individual ;
7. A 'laid lIust, estalll, or pension lIust! legal entity .
8. Corporate or LlC electing 1 The corporation
corpOrate status on Form 8832 1
9. Associatlon, club, religioUS. 1 The organizatiOn
charitable. educational. or other i
tax-exempt organiutlon i
10. Partnership or multi-member LLC I The partnership
11. A broker or reglslered nominee ! The broker or normnee
12. Account with the Department of i The public entity
Agriculture in the name ot a public!
entity (such as a stale or local 1
govemment, school district. or i
prison) that receives agricultural !
program payments i
'Ust _ and _ tile name of u.e parson whooe n_ you furnish. If only one parson
on a joint account has an SSN, tI>al person's number must be furnished.
'Circle u.e minor's name and furnish \he minor's SSN.
'You must show 'JO'IlndMdUlll nama and 'IOU may also onlor YO'" business or "OBA'
oomo on the SllCOI1<l n3'OO 1100. You may USO Mher your SSN or BN (If 'IOU haYc one),
but tho IRS """"""'9" you to .... YO'" SSN.
. List fiml and c~Cle the IllltM of tho lnIill. _. or peI1SOlrI tn.fil. (00 nolll.rnish the 11 N
of tho personal representative or truslse unless tho legal entoty Itself is net designated in
the account tille.) Also see SpecialllJJes for {JIJIlnaship$ on page 1.
Note. If no name is circled when more than one name is listed,
the number will be considered to be that of the first name listed.
Page 4
Secure Your Tax Records from Identity Theft
Identity theft occurs when someone uses your personal
information such as your narne, social security number (SSN), or
other identifying information, without your permission, to commit
fraud or other crimes. An identity thief may use your SSN to get
a job or may file a tax retum using your SSN to receive a retund.
To reduce your risk:
. Protect your SSN,
. Ensure your employer is protecting your SSN" and
. Be careful when choosing a tax preparer.
Call the IRS at 1-800-829-1040 if you think your identity has
been used Inappropriately for tax purposes.
Victims of identity theft who are experiencing economic harm
or a system problem, or are seeking help in resolving tax
problems that have not been resolved through normal channels,
may be eligible for Taxpayer Advocate Service I~AS) assistance.
You can reach TAS by calling the TAS toll.free case intake line
at 1-877-777-4778 or TTYITDD 1-800-S29-405fl.
Protect yourself from suspicious emails or pll1ishing
schemes. Phishingis the creation and use of email and
websites designed to mimic legitimate business; emalls and
websites. The most common act is sending an email to a user
falsely claiming to be an established legitimate enterprise in an
attempt to scam the user into surrendering private information
that will be used for identity theft.
The IRS does not Initiate contacts with taxpayetS via emails.
Also, the IRS does not request personal detailed information
through emall or ask taxpayers for the PIN numbers, passwords.
or similar secret access information for their credit card, bank, or
other financial accounts.
If you receive an unsolicited amail claiming to be from the IRS,
forward this message to phishing@irs.gov. You may also report
misuse of the IRS name, logo. or other IRS personal property to
the Treasury Inspector General for Tax Administration at
1-800-366-4484, You can forward suspicious emails to the
Federal Trade Commission at: spam@uce.govor contact them at
www.consumar.govlidtheft or 1-877 -IDTHEFT(4384338).
Visit the IRS website at www.irs.gov to learn more about
identity theft and how to reduce your risk.
Privacy Act Notice
Section 6109 of the Internal R8IIenue Code requires you to provide }'QUr c;>rrect TIN to persons who must fiie information returns with the IRS to repOrt Interest,
dividends. and certain other Income paid to you, mortgage Interest you paid. the acquisition or abandonment of secured proparty, cancellation of debt, or
contributions you made to an IRA. or Archer MSA or HSA The IRS uses the numbers for Identification purposes and to help verify the accuracy of }'QUr tax return.
The IRS may also provide this Information to the Department of Justice for civil end criminal litigation. and to cities. stales. the District of Columbia. and U.S.
possessions to carry out their tax laws. We may also disclose this Informatlon to other countries under a tax treaty, to federal and state agendes to enforce federal
nontax criminal \aW$, or to federal law enforcement and Intelligence agencies to combat terrorism.
You must provide}'QUr TIN whether or not}'QU are required to file a tax retum. Payers must generally withhold 28% of taxable interest. dMclend. and certain other
payments to a payee who does not give a TIN to a payer. Certain penalties may also apply.
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Page 11 of 12
CITY OF ASHLAND, OREGON
City of Ashland
LIVING
r.,
Employees must be paid a
living wage:
)> For all hours WOfked under a
service contract between their
employer and the City of
Ashland ff the contract
exceeds $17,342 or more.
)> For all hours worked in a
month ff 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 $17,342.
}> 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: "Employee" does not
include temporary or part.time
employees hired for less than
1040 hours in any twelve-
month period. For more
details on applicability of Ihis
policy, please see Ashland
Municipal Code Section
3.12.020.
For additional information:
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 predominanUy in areas where it can be seen by all
employees.
CITY Of
ASHL,A.ND
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Attachment A
CITY OF ASHLAND
FINAL ENGINEERING SERVICES - TAP WATER LINE EXTENSION
SCOPE OF SERVICES
April 9, 2008
BACKGROUND
The City of Ashland (City) participated with the Cities of Talent and Phoenix, along with support
from the Rogue Valley Council of Governments and the Medford Water Commission (M1WC), to
reserve capacity and share in the cost of building the Talent-Ashland-Phoenix (TAP) Pipeline
and Regional Booster Pump Station. The existing TAP pipeline runs along Highway 99 from its
connection to the MWC main transmission line at Belknap Road to its terminus in the City of
Talent at Suncrest Road. The City has a reserved capacity of 1.5 million gallons per day (mgd)
from the MWC through the TAP pipeline.
In 2004, the City contracted with Carollo Engineers, P.C. (CONSULTANT) to complete
preliminary engineering for an extension of the TAP pipeline from its current terminus in Talent
to Ashland's distribution system. This initial work was completed in the 2007 and included an
analysis of alternatives for the TAP pipeline routing, identification of a preferred pipeline size, a
storage evaluation, conceptual design of a pump station, and planning-level cost estimates.
It was initially assumed that a new TAP Terminal Reservoir would be constructed within
Ashland. However, work completed in 2007 under the Water Distribution System Modeling
Services Project determined that the TAP extension could be connected directly to the Ashland
distribution system along Highway 99, allowing Granite Reservoir to provide operational storage
for the new pipeline.
The objectives of the current project are as follows:
. Finalize alignment selection for the TAP Pipeline Extension.
. Complete preliminary design for the new TAP Pump Station, including site identification.
. Identify all required permits and complete initial permit applications.
. Complete final design of the TAP Pipeline Extension and Pump Station, includin~l
connection to the existing TAP pipeline and the Ashland system, all SCADA and other
controls, and general and specific specifications meeting Ashland's requirements. The
final design will result in complete biddable documents.
. Provide all required geotechnical, surveying, and environmental support.
. Provide accurate construction cost estimates.
C:IDocuments and SettingslBEimstadlMy DocumentslAshland TAP Design SOW - FINAL.doc
. Using the hydraulic model, verify that the TAP Pipeline Extension can be connected
directly to the Ashland system without a terminal reservoir. Also verify the feasibiliity of the
emergency connection to Crowson Reservoir proposed in the Water Distribution System
Modeling Services Project.
To complete these objectives, this scope of work includes the following tasks:
Task Name
Task 1 Project Management
Task 2 Hydraulic Modeling
Task 3 Final Pipeline Alignment Selection
Task 4 Pump Station Siting
Task 5 Environmental Evaluation and Permitting
Task 6 Geotechnical Evaluations
Task 7 Surveying
Task 8 i Final Design
Task 9 Construction Cost Estimate
A number of subconsultants will be required to complete this work, as summarized in the below
table.
Subconsultant Organization Project Role
Water Planning Engineers (WPE) Hydraulic Modeling
Shannon & Wilson Geotechnical Engineering
David Evans and Associates Environmental and Permitting
David Evans and Associates Surveying
Universal Field Services Land Acquisition Support and ROWs
SCOPE OF WORK
The TAP Pipeline Extension Project includes the following:
. TAP Pipeline Extension along Highway 99 from the current terminus in Talent at Suncrest
Road to the proposed connection point to an existing 12-inch diameter main in the City's
system. The pipeline has a total length of approximately 21,000 LF and a diameter of
16 inches.
. TAP Pump Station to be located near the current terminus of the TAP pipeline at Suncrest
Road in Talent. The pump station is assumed to have a firm capacity of 1.5 mgd, delivered
by two 250-hp horizontal centrifugal pumps. The pump station is assumed to have a third
C:IDocumenls and SellingslBEimstadlMy DocumenlslAshland TAP Design SOW - FINAL.doc
2
empty pump bay to accommodate future expansion to a firm capacity of 3 mgd if desired.
The pump station is assumed to have dimensions of approximately 20 by 30 feet, and to be
constructed at grade using concrete masonry construction. It is assumed that the pump
station will not include an emergency generator.
Items to be completed under each task are as described herein.
Task 1 - Project Management
Subtask 1.1 - Kick-off Meetinq. Key CONSULTANT staff will attend one kick-off meeting to
determine, with City staff, overall project schedule and required data needs. This will include
confirmation of the preliminary design criteria and review of routing preferences.
Subtask 1.2 - Proiect Administration. CONSULTANT will prepare monthly progress reports and
communicate regularly with the City. CONSULTANT will facilitate monthly conference calls to
report the project status and discuss coordination needs. It is assumed that the project duration
will be approximately 18 months.
Subtask 1.3 - Proaress Meetinas. CONSULTANT will prepare for and attend three meetings to
be held at the City's offices, in addition to the kick-off meeting discussed above. Meetings will
include the following: presentation of routing recommendations and preliminary design review,
50% design review, and 100% submittal presentation. Meetings notes will be prepared within
one week of each meeting.
Subtask 1.4 - Council Presentations. CONSULTANT will prepare for and present up to three
council meetings over the duration of the project. Potential meetings will include the following:
presentation of the recommended pipeline alignment, 50% design submittal, and 90% design
submittal.
Deliverables. Oeliverables from this task will consist of monthly progress reports, and agendas
and notes for all meetings.
Task 2 - Hydraulic Modeling
CONSULTANT will use the City's Infowater hydraulic model, developed in the Water Distribution
System Modeling Services Project, to confirm the current plan to connect the TAP PipE!line
Extension directly to the Ashland distribution system. The hydraulic model will also be used to
confirm the hydraulic head required at the connection to the Ashland system and the fE!asibility
of the proposed emergency connection between the Crowson and Granite Reservoirs. This task
will include up to 32 hours of modeling services, as well as review by senior staff. Results of this
task will be summarized in a brief memorandum.
Deliverables. The deliverable from this task will be TM 1 - Hydraulic Modeling.
C:IDocuments and SetlingslBEimstadlMy DocumentslAshland TAP Design SOW - FINAL.doc
3
Task 3 - Final Pipeline Alignment Selection
During preliminary engineering, the preferred route for the TAP Pipeline was identified to be
along Highway 99. The purpose of this task is to identify the preferred alignment for the TAP
pipeline extension along the selected route, based on:
. Screening-level geotechnical and environmental evaluations.
. Input from the Oregon Department of Transportation (ODOT) and the City of Talent.
. Evaluation of non-financial criteria.
The environmental screening will include two days of site reconnaissance to gather information
on the locations of natural resources along the pipeline route. Data collection will focus on
describing the locations of wetland and water resources to be avoided during project design and
construction.
The geotechnical screening will be based on a review of published and available geolo~lic
subsurface information. Based on this information, conceptual site issues that could impact
design criteria and performance requirements will be identified. This work does not include a
site visit.
Based on the above evaluations, CONSULTANT will identify a recommended pipeline
alignment, which will be presented to City staff for approval. The evaluation and
recommendations will be summarized in a technical memorandum.
Deliverables. The deliverable from this task will be TM 2 - Final Alignment Selection.
Task 4 - Pump Station Siting
The purpose of this task is to assist the City in acquiring an appropriate property for the! TAP
pump station. Specific items included under this task will include:
Subtask 4.1 - Confirmation of Site Selection. CONSULTANT will confirm the current availability
of sites identified in the preliminary design and rank all available sites, including identification of
a preferred site. The results of the site selection will be summarized in a brief technical
memorandum.
Subtask 4.2 - Acquisition Support. CONSULTANT will provide cost and other information to
support the City's acquisition efforts. Items potentially to be included under this task inc:lude title
reports, easement descriptions, easement exhibits, and negotiation assistance. As the specific
items to be requested are not known at this time, an allocation of 32 hours has been included
under this task.
Deliverables. Deliverables under this task will include TM 3 - Pump Station Site Selection, as
well as additional documents requested by the City under Subtask 4.2.
C:IDocuments and SettingslBEimstadlMy DocumentslAshland TAP Design SOW - FINAL.doc
4
Task 5 - Environmental Evaluation and Permitting
The purpose of this task is to identify and complete applications for the required permits, as
described herein.
Subtask 5.1 - Permittino Plan. CONSULTANT will provide a list of all required permits,
identifying the following for each permit: responsible agencies, required submittal, anticipated
processing time, and cost. This permitting plan will be completed concurrent with the
confirmation of the preliminary design of the pipeline and pump station. During this phase,
CONSULTANT will also make contact with key agencies. The permitting plan will be
summarized in a technical memorandum.
Subtask 5.2 - Permit Applications. CONSULTANT will complete all initial permit applications,
including required project drawings, construction activity descriptions, permanent and temporary
work area descriptions and other required information. Environmental and encroachment permit
conditions will be incorporated into the final plans and specifications. The permits and agencies
to be contacted will include:
. Medford Water Commission.
. Oregon State Division of Water.
. TAP Committee.
. Conditional use permit for the City of Talent for the pump station site. This is anticipated to
include a pre-application meeting, submittal of a conditional use permit, and attendance
and preparation for a public hearing with the planning commission. It is assumed that the
application will be accepted without any appeals.
. Oregon Department of Transportation (ODOT) Rail Crossing Order.
It is anticipated that the pipeline will be constructed such that water and wetland resources are
avoided. A Waters and Wetland Determination based on the results of the reconnaissance
conducted under Task 3 will be completed to substantiate this assumption. It is assumed that
the following will not be required based on the lack of water and wetland impacts or federal
nexus: Waters and Wetlands Delineation, Wetland Delineation Concurrence from the
Department of State Lands (DSL), Clean Water Act Section 404 and Removal/Fill Permits from
the DSL and Army Corps of Engineers, Endangered Species Act (ESA) Section 7 (Biological
Assessment), and Biological Opinion requirements of the National Oceanic and Atmospheric
Administration (NOAA). It is further assumed that no areas of soil or groundwater contamination
are present along the alignment and a NPDES 1500 permit will not be required.
It is further assumed that a joint application to the Talent Irrigation District (TID) and the Bureau
of Reclamation (BOR) will not be required, as the identified alignment avoids any identified TID
ditch crossings.
C:\Documents and Settings\BEimstad\My DocumentslAshland TAP Design SOW - FINAL.doc
5
It is assumed that acquisition of the following permits, including all construction permits, will be
required of the contractor and included in the project specifications:
. 1200C National Pollutant Discharge Elimination System (NPDES).
. ODOT Right-of-way (ROW) Permit.
. Construction Permits for the City of Talent, City of Ashland, and Jackson County
It is assumed that the City will be responsible for all permit fees.
Deliverables. Deliverables under this task will include TM 4 - Permitting Plan, as well as the
wetland determination report and appropriate permit applications and supporting
documentation.
Task 6 - Geotechnical Evaluations
CONSULTANT will conduct the following:
Work Plan and Permits. A detailed exploration and testing work plan will be developed,
including identification of boring locations and drilling activities. The work plan will include the
health and safety plan, and traffic control plans.
Site Reconnaissance, Locate/Mark Borinos. and Pre-drillino Activities. Published and available
geologic subsurface information will be reviewed. Representatives will visit the site to observe
the existing site conditions, including geologic hazards, and site access for the field explorations
of the project. Proposed boring locations will be marked and referenced during the site
reconnaissance. The Utility Notification Center will be contacted for utility clearance.
CONSULTANT will prepare drilling subcontracts, and coordinate drilling schedule and issues
with drilling subcontractors.
Explorations. The scope for this task includes twenty-three (23) geotechnical borings to
characterize the subsurface conditions. It is assumed that 22 of the borings will be along the
pipeline alignment at approximately 1 ,ODD-foot intervals and will be to a depth of 15 fee,t. The
remaining boring is assumed to be at the pump station site and have a depth of 40 feet, for total
drilling footage of 370 feet. Soil samples will be obtained at 5-foot intervals. The borings will be
backfilled in accordance with the requirements of the Oregon Department of Water Resources.
Spoils will be spread on-site in landscape areas. For all the explorations, selected samples will
be labeled, sealed, and transported to the laboratory for further evaluation and testing. The
explorations will be observed full-time by a geologist or engineering staff member who will
develop field logs. Locations of the explorations and approximate (or assumed if required)
elevations will be determined by measuring from known features shown on available plans or
maps.
Laboratory Testino. Laboratory testing will be conducted on disturbed and undisturbed soil
samples obtained from the explorations to characterize the subsurface soils and to develop soil
properties for the pump station and force main design.
C:IDocuments and SettingslBEimstadlMy DocumentslAshland TAP Design SOW - FINAL.doc
6
Geotechnical Enqineerino Analvsis. The subsurface conditions will be evaluated and
engineering analysis will be performed, including the following:
- Develop typical geologic soil profile beneath the project site;
- Evaluation of bearing capacity and settlement for pump station;
- Provide subgrade modulus for mat foundation design;
- Provide geotechnical seismic design criteria from the Codes:
- Provide pump station mat foundation subgrade preparation; and
- Provide excavation and backfill recommendations for the transmission pipeline.
Geotechnicallnvestiqation Report. A report will be prepared presenting the results of the
various field, laboratory, and office studies, which will include recommendations and
conclusions.
Deliverables. Deliverables under this task will consist of the Final Geotechnical Report.
Task 7 - Surveying
CONSULTANT will provide topographic surveying necessary to prepare the plan and profile
drawings. The horizontal datum will be based on the same datum as the City of Talent and City
of Ashland Coordinate System; the vertical control shall be on the City of Talent Vertical Datum.
Coordinates and elevations will be provided in U.S. Survey Feet.
Aerial topographic mapping will be provided from right-of-way to right-of-way. Base mapping will
be at a scale of 1" = 20' with an associated terrain model sufficient to define one-foot contours.
The mapping will be based on new controlled color aerial photography at a minimum scale of 1"
= 260'. The topographic mapping will be completed based on a field check of features not
identifiable from photographs. Underground features such as utility lines and invert elevations,
fences, fuel tanks, etc. will be shown as indicated by surface features and other information
including as-built drawings and utility company locator, supplemented by field survey as
necessary. All field topographic data will be integrated into the base map and digital terrain
model. A confidence check of the terrain model will be provided per ODOT standards.
Deliverables. The deliverable from this task will be design-level survey information in AutoCAD.
Task 8 - Final Design
Subtask 8.1 - Preliminary Desion Confirmation. CONSULTANT will conduct the following
evaluations to confirm the preliminary design:
- Review Existing Information. CONSULTANT will review available information rEllated to
the planned alignment corridor of the TAP pipeline extension. Potential locations for air
release valves and blowoff drains will be identified.
C:IDocuments and SettingslBEimstadlMy DocumentslAshland TAP Design SOW - FINAL.doc
7
- Develop Hydraulic Profile. CONSULTANT will develop a hydraulic profile for the pump
station and pipeline. The required discharge pressure will be determined using tlhe
hydraulic model in Task 2. Development of the profile will consider design and operation
of the Regional Booster Pump Station, and current and planned water usage by Talent
and Phoenix.
- Surge Analysis. A surge analysis of the pipeline and pump station will be conducted to
identify impacts to materials selection, air release valve placement, and any required
additional facilities such as surge tanks.
Pipeline Design Criteria Confirmation. CONSULTANT will confirm the recommended
design criteria for the pipeline extension, including design flow rates, the required
pipeline diameter, the recommended pipe material, and required appurtenances
including air release valves, blowoffs, vaults, valves, etc.
- Pump Station Criteria Confirmation. CONSULTANT will confirm the preliminary design of
the pump station, including confirmation of power availability, emergency power
requirements, station layout, and initial pump selection.
Subtask 8.2 - Desiqn DrawinQs and Specifications. CONSULTANT will prepare complete and
coordinated design drawings with an adequate level of detail to allow for bidding and
construction by a General Contractor. CONSULTANT will prepare the drawings using AutoCAD
(2005 or later version); standard details will be provided in AutoCAD format (version 2004).
It is assumed that the drawings will be 22 x 34 inches; for the pipeline, the drawings will have a
horizontal scale of 1-inch = 40-feet and vertical scale of 1-inch = 5-feet. Design drawin~Js will be
submitted at the 50% and 90% design stages for City review. It is assumed that traffic control
plans will be prepared by the construction contractor and are not included in this scope of
services. After comments are received, CONSULTANT will prepare final/1 00% plans for
bidding.
Table 1 includes a preliminary list of final drawings upon which this scope of services is based.
Should the length or routing of the pipelines designed, or the requirements for the pump station,
be materially different than as indicated in the introduction to the scope of work, CONSULTANT
will notify the City to address whether the scope of services should be modified as mutually
agreeable.
CONSULTANT will prepare specifications, in the CSI Spec-Text format (Divisions 0 through 16).
It is assumed that Division 0 and 1 specifications will be CONSULTANT's standard, tailored to
this project. Draft specifications will be provided to the City for review at the 90% review stage of
the project. After review comments are received, CONSULTANT will prepare final/1 00'%
specifications for bidding.
It is assumed that the contractor will be responsible for any required potholing; these
requirements will be included in the specifications.
C:IDocuments and SettingslBEimstadlMy DocumentslAshland TAP Design SOW - FINAL.doc
8
Subtask 8.3 - Quality Assurance/Quality Control (QAlQC). CONSULTANT will develop and
implement a project-specific QAlQC plan designed to provide senior level review of all work
products through the project. It is anticipated that four major design reviews will be required
(30%,50%,90%, and 100% design submittals). City reviews are anticipated for the 50% and
90% design submittals. The project schedule assumes that the City reviews will be completed
within 2 weeks of each submittal.
Deliverables. Deliverables under this task will include the following:
. TM 5 - Preliminary Design Confirmation.
. Three half-size sets of 50% and 90% complete drawings. PDFs can made available upon
request in addition to or in lieu of hard copies.
. Three copies of the draft specifications at the 90% design review stage of the project.
. One copy of the final plans and specifications in electronic format and one camera-ready
set, for reproduction by others.
Task 9 - Construction Cost Estimate
CONSULTANT will provide an estimated construction cost with the 50%, 90% and 100cyo
submittals. The estimates will each be summarized in a brief memorandum.
Deliverables. Deliverables under this task will include brief cost estimate memoranda for the
50%, 90% and 100% submittals.
SERVICES TO BE PROVIDED BY THE CITY OF ASHLAND
1. land use data in GIS format.
2. City of Talent base map data in GIS format (Le., street, parcels, aerials)
3. Permit fees.
4. land acquisition.
SERVICES NOT INCLUDED
1. Hydraulic surge analysis.
2. Terminal storage tank.
3. Design of the emergency connection between the Granite and Crowson Reservoirs.
4. Corrosion control facilities.
5. Chlorination facilities (except for a chlorine analyzer at the pump station).
6. Public information.
7. Hazardous materials investigation or survey.
8. Traffic plans or road striping plans.
C:\Documents and Settings\BEimstad\My DocumentslAshland TAP Design SOW - FINAl.doc
9
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CITY OF
ASHLi\ND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Approval of a Public Contract Greater Than $75,000 for
Water Treatment Plant Chemicals
May 6, 2008 Primary Staff Contact:
Public Works E-Mail:
Secondary Contact:
Estimated Time:
Jim Olson
o lsoni (ci),ashland. or. us
Daryl McVey
Consent Agenda
Question:
Will the City Council, acting as the Local Contract Review Board, consent to enter into three
individual public contracts with Rhodia, Brenntag, and Univar for chemicals used at the Water
Treatment Plant?
Staff Recommendation:
Staffrecommends that the public contract for Chemical #1 be awarded to Rhodia, Chemicals #2 and
#4 be awarded to Brenntag, and Chemical #3 be awarded to Univar. A bid tabulation spreadsheet is
attached for your review.
The intended contracts will be executed for the next fiscal year beginning July 1, 2008 and ending
June 30, 2009. The individual contracts may also be extended annually up to two additional fiscal
years, for a total of three years, if mutually agreed upon by both parties.
Supplier Description Cost Per Lb or Ton Potential Cost for FY 2008.2009
RHODIA
$442.50/Ton
Chemical #1 Rhodia Aluminum Sulfate Delivery Charge $123.53 $47,252.97
Estimated annual usaqe - (9) Orders
BRENNTAG
Cytec Superfloc C-573 $1.25/Lb
Chemical #2 Delivery Charge $35.00 15,210.00
Flocculant Estimated annual usage - (6) Orders
Soda Ash, Dense, Free $0.1775/Lb
Chemical #4 Delivery Charge $35.00 25,376.00
Flowing Estimated annual usage - (13) Orders
UNIVAR
Cytec Superfloc N-300 LMW $3.175/Lb
Chemical #3 Delivery Charge $65.00 4,459.80
Flocculant Estimated annual usage - (4) Orders
Total Estimated Cost $92.298.77
Page 1 of2
r~'
CITY Of
ASH L.A.N D
Background:
Under the Ashland Municipal Code, ifthere are no exemptions or special circ~mstances, a formal
competitive selection process is required to enter into a public contract for goods and serv.ices greater
than $75,000. A Competitive Sealed Bid (Invitation to Bid) is the sourcing method for this public
contract. The Invitation to Bid was sent to eleven (11) potential suppliers and four (4) suppliers
responded to the bid.
The City of Ashland, Water Treatment Plant, requires chemicals that will enable the water filtration
system to meet and/or exceed all of the current Federal and State Drinking Water Regulations as
promulgated under the authority of the Environmental Protection Agency (EPA) and the Oregon
Department of Health Services (ODHS). The goal of this ITB was to retain and secure specific prices
for chemicals that are required to enable the Water Treatment Plant to meet and/or exceed all of these
regulations and requirements.
Related City Policies:
The maximum threshold for an Intermediate Procurement is $75,000; therefore, a contract greater than
$75,000 requires a formal competitive process per the following:
AMC 2.50.010 Definitions
F. Intermediate Procurement. A procurement of goods or service between $5,000 and $75,000.
Under the AMC, if there are no exemptions or special circumstances, a formal competitive selection
process is the sourcing method per the following:
AMC 2.50.070 Procedures for Competitive Bids
All Public Contracts shall be based upon Competitive Bidding pursuant to ORS 279A - 279C
and the Attorney General ModelRules, OAR Chapter 137 Divisions 46 - 49, except for the
following:
The contract is greater than $75,000; therefore it requires the approval of the Local Contract Review
Board per the following:
AMC 2.50.020 Public Contracting Officer's Authority
A. Authority to Execute Contracts Without Prior Council Approval. The Public Contracting
Officer may execute without prior Council approval contracts that satisfy all of the following:
i. The contract has a total value of seventy-five thousand dollars ($75,000) or less;
Council Options:
The Council, acting as the Local Contract Review Board, can approve the contract recommendations
or decline to approve the contract recommendations.
Potential Motions:
The Council, acting as the Local Contract Review Board, moves to award the public contracts as
follows: Chemical #1 to Rhodia; Chemicals #2 and #4 to Brenntag; and Chemical #3 to Univar.
Attachments:
Bid Tabulation Spreadsheet
Page 2 of 2
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CITY OF
ASHLi\ND
Council Communication
Parks Ordinance repeal: AMC 10.68.050, 10.68070 and 10.68.160
Meeting Date:
Department:
Secondary Dept.:
Approval:
May 6, 2008
City Attorney's Office
None
Martha Ben e
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
Richard Appicello
Appicelr@ashland.or.us
None
5 minutes I Ordinance
Question:
Should the City Council conduct and approve Second Reading of an Ordinance titled, "An Ordinance
relating to public parks, repealing Code Sections 10.68.050, 10.68.070 and 10.68.160"?
Staff Recommendation:
Staffrecommends Council approval of Second Reading by title only.
Background:
After the U.S. Supreme Court decision in Watchtower Bible & Tract Society v. Village of Stratton, 536
U.S. 150 (2002), most local governments examined their local ordinances for overbreadth.-(i.e. the
regulation sweeps within its ambit constitutionally protected activities.). The City Attorney's office
has identified the provisions proposed for amendment or repeal as potentially subject to legal
challenge. AMC 10.68.050 has also been identified for repeal in correspondence from the American
Civil Liberties Union to the City Council. After Council consideration on 4-1-08, the ordinance was
revised and no longer is proposed for emergency enactment. A revised ordinance was emailed to
Council members on 4-2-08.
Related City Policies:
City Charter Article 10, Ordinance adoption provisions
Council Options:
(1) Move to approve Second Reading.
(2) Postpone consideration.
Potential Motions:
Staff: [Conduct Second Reading of Ordinance by Title only}
Council: Motion to approve Second Reading.
Attachments:
Proposed ordinance
Page 1
050608 Parks Ordinance.CC.doc
rA'
ORDINANCE NO.
AN ORDINANCE RELATING TO PUBLIC PARKS, AND
REPEALING CODE SECTIONS 10.68.050, 10.68.070 AND 10.68.160
Annotated to show doletions and additions to the code sections being mOdifiErlI
Deletions are bold . and additions are in bold underline. -1
WHEREAS, the City of Ashland wishes to repeal outdated and questionable parks
provisions first instituted in 1916 and 1978;
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Repeal. Section 10.68.050 [Soliciting - Begging - Prohibited], is hereby
repealed.
SECTION 2. Repeal. Section 10.68.070 [Vocations-Prohibited], is hereby repealed.
SECTION 3. Repeal. Section 10.68.160 [Annoying others -Prohibited] is hereby
repealed.
SECTION 4. Severability.. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
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 , 2008,
and duly PASSED and ADOPTED this day of , 2008.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance No.
Page 1 of2
CITY OF
ASHL.AND
Council Communication
Ordinance amending AMC 10.115.080- Tenants Rights regardin~: fines
Meeting Date:
Department:
Secondary Dept.:
Approval:
May 6, 2008
City Attorney's Office
None
Martha Be n
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
Richard Appicello
Appicelr@ashland.or.us
None
5 minutes
Question:
Should the City Council conduct and approve Second Reading of an Ordinance titled, "An Ordinance
Amending the Ashland Municipal Code, Chapter 10.115, Tenants Rights, Amending Section
10.115.080, relating to tines"?
Staff Recommendation:
Staff recommends Council approval of Second Reading by title only.
Background:
This ordinance is proposed to correct the penalty associated with violation of tenants rights ordinance.
When adopted last year the ordinance provided for penalties up to one thousand dollars. Unfortunately
regardless of how significant an issue is to the City Councilor staff, you cannot set a higher fine than
the City Charter provides for a City ordinance violation. The City Charter provision, (likely from
1906) states:
Section 1. Violation of Charter, Ordinance and Laws The Council, at any regular or adjourned
meeting, shall have the power within the limits of the City of Ashland to enact laws, ordinances and
pass resolutions not in conflict or inconsistent with the laws of the United States, the State of Oregon, or
the provisions of this Charter; and to provide for punishment of any person or persons found guilty by a
competent tribunal of the violation of any such laws, ordinances, or any of the provisions of this
Charter, by fine or imprisonment of such offender, until such fine and costs are paid; and to provide for
the working of such persons so convicted on the streets of the City or at any other work, and to provide
the compensation therefor to be applied on such fine and costs; but no fine shall exceedl the sum of
$500 and the costs of prosecution, nor shall any imprisonment or term at hard labor exceed 60 days.
Obviously because of the failure of the Charter update (which would have removed this limitation) the
City is limited to $500.00 and the cost of prosecution. This ordinance must be amended to be
consistent with the current Charter. This office will separately bring a proposed amendment to 1.08 to
address appropriate fees for court costs - costs of prosecution. .At some point the Council will need to
revisit elimination of outdated Charter provisions, (but not here)..
Pursuant to Council Rules, [AMC 2.04.050] Councilor Silbiger contacted this office and correctly
pointed out an oversight in the Tenants Rights amendment (failure to strike "a minimum of"). I have
made this change.
Page 1
050608 Tenants Rights.CC.doc
r;.,
CITY OF
ASHL.AND
Related City Policies:
City Charter Article 10, Ordinance adoption
Council Options:
(1) Move to approve Second Reading.
(2) Postpone consideration.
Potential Motions:
Staff: [Conduct Second Reading of Ordinance by Title only]
Council: Motion to approve Second Reading.
Attachments:
Proposed ordinance
Page 2
050608 Tenants Rights.CC.doc
r~'
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, CHAPTER 10.115,
TENANTS RIGHTS, AMENDING SECTION 10.115.080, RELATING TO FINES.
Annotated to show dolotions and additions to the code sections being modiified.
Deletions are bold lined through and additions are in bold underline.
WHEREAS, it is necessary for consistency with the Ashland City Charter to amend the
maximum fine prescribed for violations of Ashland Municipal Code 10.115.080 Section B.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 10.115.080 is hereby amended to read as follows:
B. Notwithstanding the fine limitations of AMC Section 1.08.020, Ithe fine for violation of
any provision of this Chapter shall be a minimum of $500.00 $1000.00 for each unit
affected, excludinQ any required state and local assessments. If the violation is a
failure to pay the relocation benefit or prohibited harassment or frustration of tenant's
rights and the offender is a corporation or other business entity, then an additional
special corporate fine shall be imposed, in addition to the minimum fine, equal to an
amount h.,ice the relocation assistance amount unlawfully withheld.
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any
Whereas clauses and boilerplate provisions (i.e. Sections 2-3) need not be codified.
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 , 2008,
and duly PASSED and ADOPTED this day of , 2008.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2008
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance No.
Page 1 of 1
CITY OF
ASHLAND
Council Communication
Ordinance amending AMC 9.24.055- Woodstoves / Fireplace Inserts
concerning penalties.
Meeting Date:
Department:
Secondary Dept.:
Approval:
May 6, 2008
City Attorney's Of Ice
None
Martha Benn
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
Richard Appicello
Appicelr@ashland.or.us
None
5 minutes
Question:
Should the City Council conduct and approve Second Reading of an Ordinance titled, "An Ordinance
amending the Ashland Municipal Code, Chapter 9.24, Removal and Disposal of Non-Certified
Woodstoves and Fireplace Inserts, amending Section 9.24.055, relating to fines"?
Staff Recommendation:
Staff recommends Council approval of Second Reading by title only.
Background:
This ordinance is proposed to correct the penalties associated with violation of the woodstove /
fireplace insert ordinance. When adopted last year the ordinance provided for penalties up to one
thousand dollars. Unfortunately regardless of how significant an issue is to the City Councilor staff,
you cannot set a higher fine than the City Charter provides for a City ordinance violation. The City
Charter provision, (likely from 1906) states:
Section 1. Violation of Charter, Ordinance and Laws The Council, at any regular or adjourned
meeting, shall have the power within the limits of the City of Ashland to enact laws, ordinances and
pass resolutions not in conflict or inconsistent with the laws of the United States, the State of Oregon, or
the provisions of this Charter; and to provide for punishment of any person or persons found guilty by a
competent tribunal of the violation of any such laws, ordinances, or any of the provisions of this
Charter, by fine or imprisonment of such offender, until such fine and costs are paid; and to provide for
the working of such persons so convicted on the streets of the City or at any other work, and to provide
the compensation therefore to be applied on such fine and costs; but no fine shall exceed the sum of
$500 and the costs of prosecution, nor shall any imprisonment or term at hard labor exceed 60 days.
Obviously because of the failure of the Charter update (which would have removed this limitation) the
City is limited to $500.00 and the cost of prosecution. This ordinance must be amended to be
consistent with the current Charter. This office will separately bring a proposed amendment to 1.08 to
address appropriate fees for court costs - costs of prosecution. .At some point the Council will need to
revisit elimination of outdated Charter provisions, (but not here)..
Pursuant to Council Rules, [AMC 2.04.050] Councilor Silbiger contacted this office and suggested
simplification of the woodstove penalty, section 1, from:
Page 1
050608 Woodstove Fireplace Insert.CC.doc
~~,
CITY OF
ASHL,AND
"The fine for violation of any provision of this Section shall be a minimum of $250.00 and a
maximum of $500.00 excluding any required state and local assessments"
to the following,
"The fine for violation of any provision of this Section shall be $500.00 excluding any required
state and local assessments.".
An equivalent change would be made in Section 2, "not less than $250.00 and not more than $500.00
as well as the cost of Court or Administrative proceedings to enforce the removal requirement"
changes to ... "shall be $500.00 as well as the cost of Court or Administrative proceedings to enforce
the removal requirement"
I have not made this change, but if the Council wishes to make this change it we will read at the
meeting.
Related City Policies:
City Charter Article 10, Ordinance adoption
Council Options:
(1) Move to approve Second Reading.
(2) Postpone consideration.
Potential Motions:
Staff: [Conduct Second Reading of Ordinance by Title only]
Council: Motion to approve Second Reading.
Attachments:
Proposed ordinance
Page 2
050608 Woodstove Fireplace Insert.CC.doc
r;.,
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, CHAPTER 9.24,
REMOVAL AND DISPOSAL OF NON-CERTIFIED WOODSTOVES AND FIREPLACE
INSERTS, AMENDING SECTION 9.24.055, RELATING TO FINES.
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold lined through and additions are in bold underline.
WHEREAS, it is necessary for consistency with the Ashland City Charter to amend the
maximum fine prescribed for violations of Ashland Municipal Code 9.24.055 Section 1 and
Appendix A.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 9.24.055 is hereby amended to read as follows:
A. PROHIBITION. It shall be unlawful and a violation of the Ashland Municipal
Code, for the Conveyance of Real Property to occur for any real property located
within the City of Ashland in violation of the requirements of this Section,
including specifically documented compliance with the Disclosure,
Removal/Disposal and Certification requirements set forth herein.
Notwithstanding the fine limitations of AMC Section 1.08.020, Ithe fine for
violation of any provision of this Section shall be a minimum of $250.00 and a
maximum of $1000.00, $500.00 excluding any required state and local
assessments.
SECTION 2. Appendix A, incorporated by AMC 9.24.055 is amended as follows:
The Seller and the Buyer also understand that this Disclosure Certificate must be
executed by the Seller and acknowledged by the Buyer prior to closing or transfer and
delivered to the City of Ashland with the executed Removal Certificate and rE~ceipt
evidencing proper disposal. Failure to comply with the Disclosure, Removal, Disposal
and Certificate requirements of AMC 9.24.055 is punishable by a fine of not less than
$250.00 and not more than $1000 $500.00 as well as the cost of Court or
Administrative proceedings to enforce the removal requirement.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section", or
another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 3-
4) need not be codified.
Ordinance No.
Page 1 of2
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 , 2008,
and duly PASSED and ADOPTED this day of ,2008.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2008
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance No.
Page2of2
CITY OF
ASHLAND
Council Communication
Ordinance amending AMC lO.lOO.OlO-Social Gambling
Meeting Date:
Department:
Secondary Dept.:
Approval:
May 6, 2008
City Attorney's Office
None
Martha Benn
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
Richard Appicello
Appicelr@ashland.or.us
None
5 minutes
Question:
Should the City Council conduct and approve Second Reading of an Ordinance titled, "An Ordinancc
amending the Ashland Municipal Code, Section 10.100.0 1 0, Social Gambling and Social Gamcs",?
Staff Recommendation:
Staff recommends Council approval of Second Reading by title only.
Background:
The existing Ashland Municipal Code references a 1974 House Bill. The proposed amendment
replaces the reference to this bill with the appropriatc Oregon Revised Statute. AMC 10.100.10 simply
authorizes social gambling and social games as defined in state law by charitable, fratemal and
religious organizations. The city has authority to, but does not regulate or license such gambling. If
the Council desires to regulate or license this activity, a separate motion would be appropriate.
Related City Policies:
City Charter Article 10, Ordinance adoption
Council Options:
(1) Move to approve Second Reading.
(2) Postpone consideration.
Potential Motions:
Staff: [Conduct Second Reading of Ordinance by Title only]
Council: Motion to approve Second Reading.
Attachments:
Proposed ordinance
Page 1
050608 Gambling.CC.doc
rA'
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE,
SECTION 10.100.010, SOCIAL GAMBLING AND SOCIAL GAMES.
Annotated to show deletions and additions to the code sections being modifiecl.l
Deletions are lined through in bold and additions are in bold underline. ~
WHEREAS, Ashland Municipal Code Chapter 10.100.010 references a 1974
Oregon Legislative House Bill No. 3327; and
WHEREAS, House Bill Number 3327 has been codified as ORS 167.117; and
WHEREAS, the City wishes to update the City of Ashland Municipal Code to
reference the applicable Oregon Revised Statute as opposed to the 1974 House
Bill.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
SECTION 1: Amendment. Ashland Municipal Code Section 10.100.010 is
hereby amended to read as follows:
10.100.10. Social gambling.
Social gambling and social games as defined in House Bill No. 332";;
ORS 167.117 which is to become effective May 0,1974, are hereby
permitted in charitable, fraternal and religious organizations.
SECTION 2: Severability. If any section, provision, clause, sentence, or
paragraph of this Ordinance or the application thereof to any person or
circumstances shall be held invalid, such invalidity shall not affect the other
sections, provisions, clauses, or paragraphs of this Ordinance which can be
given effect without the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be severable.
SECTION 3: Codification. Provisions of this Ordinance shall be incorporated
in the City Code and the word "ordinance" may be changed to "code", "article",
"section", or another word, and the sections of this Ordinance may be
renumbered, or re-Iettered, provided however that any Whereas clauses and
boilerplate provisions (i.e. Sections 2-3 ) need not be codified.
/
/
/
1
Ordinance Amending 10.100.010
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 , 2008,
and duly PASSED and ADOPTED this day of ,2008.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance Amending 10.100.010
2
CITY OF
ASHL_AND
Council Communication
Ordinance amending AMC 2.28.270- City Attorney Duties
Meeting Date:
Department:
Secondary Dept.:
Approval:
May 6, 2008
City Attorney's Office
None
Martha Be
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
Richard Appicello
Appicelr@ashland.or.us
None
5 minutes
Question:
Should the City Council conduct and approve Second Reading of an Ordinance titled, "An Ordinance
amending the Ashland Municipal Code, Section 2.28.270, City Attorney Duties"?
Staff Recommendation:
Staff recommends Council approval of Second Reading by title only.
Background:
The Ashland Municipal Code cannot be inconsistent with state law. The practice of law, including the
representation of a City (City ordinance offenses) or the State (ORS offenses), may only be conducted
by an attorney licensed to practice law in Oregon. [ORS 9.160 and ORS 9.320] An exception for
peace officers prosecuting violations (e.g. traffic court) was created in 1999 with the rewrite of ORS
Chapter 153 - concerning violations. [ORS 153.083]. The proposed amendment corrects what appears
to be inconsistent language in the City Code.
Related City Policies:
City Charter Article 10, Ordinance adoption
Council Options:
(1) Move to approve Second Reading.
(2) Postpone consideration.
Potential Motions:
Staff: [Conduct Second Reading)
Council: Motion to approve Second Reading.
Attachments:
Proposed ordinance
Page 1
050608 City Attorney Duties.CC.doc
rA'
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE,
SECTION 2.28.270, CITY ATTORNEY DUTIES.
Annotated to show deletions and additions to the code sections being modified.
Deletions are lined through in bold and additions are in bold underline.
WHEREAS, Ashland Municipal Code Chapter 2.28.270 is inconsistent with ORS 9.160
and 9.320, concerning the practice of law and the exception for peace officers in ORS
153.083; and
WHEREAS, the City wishes to amend the City of Ashland Municipal Code to make the
code consistent with state law.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
SECTION 1: Amendment. Ashland Municipal Code Section 2.28.270 is hereby
amended to read as follows:
2.28.270 City Attorney Ex Officio Duties.
With respect to criminal proceedings in the Municipal Court, the City Attorney
shall be the Ex officio prosecuting attorney':. Wwhenever the defendant is
represented by an attorney on an infraction or violation, the City Attornev
shall also prosecute the offense. In all other infraction or violation criminal
proceedings in the Municipal Court, the City Attorney shall consult and assist the
enforcement officer involved.:. or represent the City when the case is-af
unusual complexity or contains unusual difficulties as determined by the
officer in'/olyed, and the Chief of Police, or a designee.
SECTION 2: Severability. If any section, provision, clause, sentence, or paragraph of
this Ordinance or the application thereof to any person or circumstances shall be held
invalid, such invalidity shall not affect the other sections, provisions, clauses, or
paragraphs of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be
severable.
SECTION 3: Savings Clause. Notwithstanding this amendment/repeal, the City
ordinances in existence at the time any criminal or civil enforcement or other actions
were commenced, shall remain valid and in full force and effect for purposes of all
cases filed or actions commenced during the times said ordinance(s) or portions thereof
were operative.
SECTION 4: Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section", or
another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (Le. Sections 2-
4 ) need not be codified.
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 ,2008,
and duly PASSED and ADOPTED this day of ,2008.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
CITY OF
ASHLAND
Council Communication
Peddlers Ordinance Amendment and repeal: AMC 6.24
Meeting Date:
Department:
Secondary Dept.:
Approval:
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
Richard Appicello
Appicelr@ashland.or.us
None
5 minutes / Ordinance
Question:
Should the City Council conduct and approve Second Reading of an Ordinance titled, "An Ordinance
relating to Solicitation, requiring no trespass signs, limiting solicitation hours, and repealing Code
Chapter 6.24 concerning peddlers"?
Staff Recommendation:
Staff recommends Council approval of Second Reading by title only.
Background:
After the U.S. Supreme Court decision in Watchtower Bible & Tract Society v. Village of Stratton, 536
U.S. 150 (2002), most local governments examined their local ordinances for overbreadth.-(i.e. the
regulation sweeps within its ambit constitutionally protected activities.). The City Attorney's office
has identified the provisions proposed for amendment or repeal as potentially subject to legal
challenge. Following Council discussion on 4-1-08, the ordinance was revised and is no longer
proposed for emergency enactment. A revised ordinance was emailed to Council members on 4-2-08.
On 4-9-08 the City Attorney's office received some drafting edits from Mr. David Berger who testified
at the last meeting. Some of the changes had actually already been made as part of the revision sent
out on 4-2-08. I generally agree with some of the proposed edits. Accordingly, I have shown some
changes in italics - but I will have to read them if the Council finds them desirable because they were
not available seven days before the meeting.
Related City Policies:
City Charter Article 10, Ordinance adoption provisions
Council Options:
(1) Move to approve Second Reading.
(2) Postpone consideration.
Potential Motions:
Staff: [Conduct Second Reading of Ordinance by Title only]
Council: Motion to approve Second Reading.
Attachments:
Proposed Ordinance
Page I
050608 Peddlers Ordinance Amendment.CC.doc
r~'
ORDINANCE NO.
AN ORDINANCE RELATING TO SOLICITATION,
REQUIRING NO TRESPASS SIGNS, LIMITING SOLICITATION HOURS,
AND REPEALING CODE CHAPTER 6.24 CONCERNING PEDDLERS,
Annotated to show deletions and additions to the code sections being modifiec~
Deletions are bold. and additions are bold underlined. ~
WHEREAS, the City of Ashland wishes to repeal its peddler provisions and rHplace
it with an ordinance that conforms with case law regarding solicitation.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Sections 6.24.010 [Solicitation hours] through 6.24.050 [Penalties] are
hereby added to read as follows:
6.24.010 Solicitation hours.
The occupant of real property shall be considered to have Qiven
constructive consent to enter real property for the purpose of solicitaticln
between the hours of 9:00 a.m. and 9:00 p.m. or by the prior. express
permission of the person occupyinQ or in control of those premises. unless a
siQn is posted pursuant to AMC 6.24.030.
6.24.020 Business license required.
A business. shop. trade. profession. or occupation transactinQ or carlOOng
on business by solicitinQ door-to-door within the city limits is required to
obtain a business license pursuant to the business license ordinance.
Business licenses are not required for not-for-profit orQanizations. includinQ
but not limited to Qovernmental. community. social. reliQious. or politic;:tl
orQanizations. includinQ fundraisinQ.
6.24.030 Criminal trespass.
A person that enters private property posted with a clearly visible "N(~
Solicitation." "No TrespassinQ." or similar sian is subiect to prosecution for
criminal trespass. reQardless of whether the purpose for entry was to enQaQe
in business or otherwise and reQardless of the hour at which the solicitation
took place.
6.24.040 SiQns
SiQns posted under this section must contain the words "no solicitation" or
"no trespassinQ" or substantially similar lanauaae. Sians shall not exceed 12
inches by 12 inches in dimension. and such sians shall conform with AMC
Chapter 18.96. Sians posted pursuant to this section shall be posted em or
near the boundaries of the property at normal points of entry. or if therE~ are
no apparent boundaries. the siQn shall be placed at the primary entrance.
Ordinance No.
Page 1 of2
6.24.050 Criminal trespass exception.
The prohibition of AMC 6.24.030 does not applv to those that have received
prior express permission from the person in control of the premises. or to
aovernment officials enterina the property in the performance of their lawful
duties. includina. but not limited to: postal workers. peace officers.
emeraencv service personnel. or city emplovees.
6.24.060 Penalties.
A violation of any of the provisions of this chapter shall constitute at Class
C misdemeanor. except that the maximum fine per offense is limited to five
hundred dollars ($500.00) and the costs of prosecution while Article 9.
Section 1 of the Ashland City Charter is effective. Notwithstandina this
provision. the offense of criminal trespass may also be charaed and
prosecuted as a violation of state law.
SECTION 2. Repeal. Ashland Municipal Code Chapter 6.24 [Peddlers] is hereby
repealed in its entirety.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of
this ordinance are severable. The invalidity of one section, subsection, paragraph,
or clause shall not affect the validity of the remaining sections, subsections,
paragraphs and clauses.
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 , 2008,
and duly PASSED and ADOPTED this day of , 2008.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance No.
Page 2 of2
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Recommendation from the
Citizen Library Advisory Ad Hoc Committee
May 6, 2008 Primary Staff Contact: Ann Seltzer
Administration E-Mail: ann@ashland.oLus
None Secondary Contact: None
Martha Benne Estimated Time: 15 minutes
Question:
Does the Council wish to accept the recommendation of the Citizen Library Advisory Ad Hoc
Committee (CLAC) to place a measure on the November 2008 ballot to levy 25 cents per $1000
assessed property value to provide for enhanced library services through 2013?
Recommendation:
Staff supports the CLAC recommendation.
Background:
One of the charges of the CLAC is to work in conjunction with regional and other municipal groups to
identify long term library funding options. Based on the committee's work and meetings to date, the
committee does not feel a long term funding solution can be identified prior to the expiration of the
current local option levy.
On February 5, 2008 the CLAC provided an interim report to the City Council and recommended
placing a local option levy on the November 2008 to provide for enhanced library services.
Since that time the committee has met seven times, held a community open house and a special
meeting to seek input from the community, to gauge community support of a four year levy and to
identify a viable levy amount that would provide sufficient funds to continue with the current enhanced
library services through 2013.
County Administrator, Danny Jordan attended the CLAC meeting on April 24 and reported he has
restructured the county budget to provide funding for the current level of services not only for libraries
but also for public safety, county roads and other services over the next four years even without federal
funds. His recommendation to the county budget committee is to continue to fund at the current level
of services, but he reminded the group that the budget committee could decide to allocate the funds
differently. The County Budget Committee will vote on the proposed budget in June.
If the County does receive federal funds, Jordan will not recommend using those funds to increase
library services since the funds are not sustainable and the library services would have to be cut back
when the federal funds expire.
The CLAC began meeting in mid-October and have met numerous times over the past four months.
They have researched library governance models and library funding models. They have sought
insight from a number of invited guests including: Representative Peter Buckley, County
Page I of2
050608 CLAC recommendations.CC.doc
r.l'
CITY OF
ASHLAND
Commissioner C.W. Smith, Talent City Manager Betty Wheeler, County Library Advisory Board
Chair Kathleen Davis and others.
CLAC Chair Pam Vavra and committee members will provide a brief presentation to the City Council.
Related City Policies:
None
Council Options:
If the Council supports the recommendation, staff should be directed to prepare draft ballot measure
language for review at a future meeting.
Potential Motions:
None
Attachments:
. Committee Recommendation
. Timeline for November Election
. Citizen input from April 23 CLAC Open House and Special Meeting
. CLAC minutes
. Resolution
Page 2 of2
050608 CLAC recommendations.CC.doc
r;.,
TO: Mayor and City Council
FROM: Citizens' Library Advisory Ad Hoc Committee
DATE: 30 April 2008
RE: DRAFT REPORT FOR COUNCIL MEETING ON MAY 6, 2008
Dear Mayor and City Councilors:
The Citizens' Library Advisory Ad Hoc Committee hereby recommends that Council
place on the November, 2008 ballot, a renewal of the CUlTcnt local option levy for library
operations. Specifically, we recommend you request voter approval on a four-year levy
Zlt 1':; cents per)l ,000 of Zlssessec1 pro]~erty n1ue.
Our previous report to Council was on February 5,2008. As we explained at that time, it
was the sense of the Committee that we had insufficient time to craft a proposal for
pennanent funding for library services in time for the November, 2008 ballot. We
suggested that Council consider instead, requesting voter approval in November on a
renewal of the current local option levy through 2012. Our recommendation was based
in part on a desire to get in synch with the County funding cycle and also to avoid
double-majority requirements and going back to voters too frequentlv or at times when
cumpeting mC~lSUI"CS \\crc expected tu he Ull the [!,diu:. \Llillly, \\-c r~'dli/Clllil~ll i) \ -,'
creation of a library district would be the only mechanism that could provide permanent
l'Ullliillg l'or iilH~tr.y senices in the gi\l:ll lllik i,diii~'; ~Ill,; _) lleiLilcr uur CUliill'-.i[!di Ic! u' ilk
County level nor other municipalities were ready to support the creation of a library
district prior to 201 O.
The chart below illustrates the number of hours of Ashland Public Library operation as
funded by known County and City sources for the current and upcoming years.
Year Ending 2008 2009 2010 2011 2012
30 June
County$ 24 24 24 NONE NONE
hours/week hours/week hours/week
Ashland$ 16 16 NONE NONE NONE
hours/week hours/week
Total 40 40 24 NONE NONE
hours/week hours/week hours/week
Since February, our work has focused on discerning the most appropriate tax rate: to
request of voters on a four-year local option levy. Toward that end, we have done four
things: First, we received information from Library Staff regarding the delivery oflibrary
services since the library re-opened in October. Second, we learned more about the
county budget and prospects for continued partial funding beyond 2010. Third, we
solicited and received comment from the public regarding our recommendation. And
fourth, we received figures from City Staff that show the current state of resources
available for funding library services. As a result, we are now recommending that you
request voter approval to levy 25 cents per $1,000 of assessed value for four years.
We will bring copies of the report from LSSI to the council presentation. The report
describes library usage. Attached below is a supplemental report from Amy Blossom
regarding outreach and children services. The committee saw no red flags in any of these
reports.
From discussions with County Administrator, Danny Jordan, we learned that he believes
there will be funding available to sustain current levels of library operations for the
foreseeable future, independent from any O&C awards that mayor may not come frolll
the federal government.
From the public, we heard a great deal. As you may be aware, we hosted an Open House
at the Library on Wednesday, April 23rd and also held a Special Meeting that evening in
council chambers. Both were well-advertised. Our outreach included a presentation to
the Chamber Board and 30-sec PSAs on RVTV in addition to regular calendar items in
the media. The meeting was televised. Viewers were encouraged to submit comment via
email or written notes to the Library.
As <1 result. thirtv-two people submitted cn1llmcnts. ''Ie spokc tn <1 stc<1dv strC<1111 nf
\ :~< \:-.)~U t:,~' t ;; 1 !\J~l~:_'. '[-\\'cl\L; ~"I'.''-'''\ :.; ;.l.',,-',- ii ~,: ~:, J" "'-'-"".:.y \ ~
C0l11111ellts Clre included in your pClcket. To SU:ill11~lri;:e, ne:lrly ~111 echuL'd pr~\ise fl'>r the
", , ' ,'.:' . ,,' . . _ . _' , , " , T ". .
'-oil) u<,_)lil; llJl." .loili. Uililg iil1JlUPU2)lli~ lL,,-' '....."d'_j'L ,\..j......Lll '-.'lll1,,)ii ,.....\..,'. . ,,--.... i) (,il '-.\l:J\...~'--)\..'i...j
gratitude for having the additional hours and staff that the levy provides. Many pointed
out the need for even greater service levels that what is being offered. Ne<1rly all pleaded
that you do whatever is needed to not let the libraries close again. Three were opposed to
the levy, either as a protest against outsourcing or out of concern about leaning too
heavily on property tax payers.
We perceive our charge to leave no stone unturned. We plan to study the feasibility of
other revenue sources such as income taxes and sales taxes, in addition to various
configurations of library districts and public-private partnership models.
We would welcome any questions about our recommendation or findings to date, as well
as any direction you might offer regarding our future plans, immediate and/or longer
term.
Respectfull y,
Pam Vavra (Chair)
Maureen Battistella
Sue Burkholder
David Churchman
Chuck Keil
Peter Gibb
May 6, 2008
Summary of Outreach Services
Ashland Public Library
Ashland citizens pay for enhanced library services which include 16 additional hours per
week, the equivalent of three full time employees and outreach services to seniors and
children.
Senior Outreach includes:
. Thirty-five patrons are registered for Senior Outreach. The program includes
selecting and delivering books [or those patrons most o[ \\110111 are home bound
and unable to travel to the library. Library staff and eight volunteers support this
progr:lJl1.
. Monthly delivery of library books and tapes to retirement homes in Ashland.
. Developing programming opportunities at retirement homes.
Children Outreach includes:
. Additional story time sessions per week witll an :l\'Crage attendance of 40 per
seSSIOn
. One library sponsored literacy play group (this is in addition to Babies in the
r il'r:lr\' \\ 1',j
C'....'1
'! \
hy :\ :-:Cr~,lr:ll
," " l '\
.. ~CI1UOl ClaSSIUUlll VISitS to tile ill)rdlY \lllUlltlll., llllce IHC::'ClI\)UI~, ,lllce
kindcr'!:lrtcll. nne first and seeond '!r:ldc CLhSl'!)\)1ll :\Ild in i\pril :1 si\;th '~r;lIk
classroolll). 1 he average monthly VISll 01 classroom sluuents IS 'Jl. anu
accompanying adults is 18.
. Visits by librarians to schools to conduct story time and speak with princip:ils,
teachers and students to promote class visits.
. Future plans include contacting the schools for visits to encourage summer
reading, and planning for the 2008-09 school year and
. Outreach to Head Start parents meetings for literacy preparation for children
includes Migrant Head Start located at Briscoe.
November 4
September 8
September 4
August 25
August 5
July 15
July 1
June 17
June 3
May 20
Timeline
November 2008 Ballot Measure
General Election
Deadline to submit voter pamphlet information for November election
Deadline to file ballot measure for November election
Deadline to submit ballot measure language to Ashland City Recorder
Finalize ballot measure language (assumes second meeting in August is
canceled)
Review second draft ballot measure language
Review first draft ballot measure language
Three possible council meetings to discuss
and deliberate placing a local option levy
on the November 2008 ballot.
Citizen comments received via email submitted to the CLAC list serve.
I support extending the current library levy, which I understand is capped at 58 cents but is presently 25
cents. This will give us greater assurance that we can keep the library open over the long run while we plan
a permanent solution. The library is critical in so many ways for our city. Most especially for the children.
Tim W oWforth
806 S. Mountain
AsWand.
***************************
Since I will be out oftown on April 23 I wanted to send a couple comments. I have been volunteering at the
welcome desk on a weekly basis following the reopenning of the library. I am really impressed by the
numbers of people using the library on a regular basis. In addition to people reading papers and maga:~ines,
researching topics, signing books out, and so on, there is a steady stream of people attending multiple
meetings and activities. People still stop by the welcome desk to express their appreciation that the library
is open again. From time to time I will have someone from Josephine county stop by, ask ifthere is any
way they can get a library card (no, there isn't), and state how difficult it is for them without a libmry.
I know that people are concerned about the levy; when I was making phone calls prior to the vote that
passed the levy, I heard several comments to the effect that they were afraid it would not be phased out
after the couple of years requested. At the same time, AsWand is a town that needs, uses, and loves its
libmry and if the way to keep it open is to extend the local option levy, then we need to take that step and
do as much education of the community as possible to maximize the odds of its passage during these
economically difficult times.
Sincerely yours,
Susan Lander
*****************************
I want to make it clear that there is probably nobody in Jackson county who supports libraries more tlmn I
do. Prior to the closure of our libraries, I probably would have ranked in the upper 5% of users. I am
totally dedicated to do what it takes to develop an organization that will ensure the long term successfill
opemtion of our libraries.
There is, in my opinion, only one way to accomplish this, and that is through a library district with its own
tax levy and governing board, completely divorced from county government. For ten years, prior to 1996,
we spent about half our time in Missouri, and we were served by the Mid-Continent library district. Mid-
Continent (outside of Kansas City) covers three suburban counties, with a population of about 600,0010.
This is a superb library district with long hours, lots of books, and many branches. What they do not do is
build fancy buildings as we bave here, but that's over and there is nothing we can do about it.
I own a 70 acre farm in the Mid-Continent district, and my library tax for 2007 was $64.
One reason there has been property tax support for libraries in Missouri is that most of the city and cmmty
expenses are paid by sales taxes-so what we really need in Oregon is a sales tax that would take the
pressure off property taxes. One small suburban city near our farm levies no property tax at all. Yes, I
am well aware that Oregon has voted down a sales tax umpteen times, but that doesn't mean we don't need
it
I don't lmow whether there is the slightest chance of developing a library district in the county. Probably
not Perhaps we could look at an Ashland-Talent district, but even that seems unlikely. Before the county
system was shut down, it was underfunded. The budget was about eight million, and about eleven million
1
was needed to do it right. An Ashland-Talent district I believe would require funding of 2 1/2 to 3
million.
What I will absolutely never support is any more money going to bulwark the present system in any way.
There is no doubt in
my mind that before the libraries were closed a plan had been hatched to bring in this outside company
from Maryland. I believe the plan was to close the libraries, let everybody stew for a while, and then
propose the present plan after everybody is desperate to reopen the libraries. This was a union breaking
plan, nothing more, nothing less. I don't know whether this company can run libraries, and frankly I don't
care. I haven't been in a library since they took over. Maybe they can run libraries, it is not exactly
rocket science. The point is that we don't need these people, and part of our tax money is being
highjacked to Maryland. After they have been here a year, the agreement can be cancelled without cause
by either party, and that is what we should be working for. Those people have simply got to go.
I will support any ideas that anybody has for a library district. Given the present Jackson county
government that is the only thing that wiII work. I will not vote or work for anything that supports the:
continuation of the status quo.
Sincerely,
Walt Marsh 943 Clay 81. Ashland
**************************
Dear Advisory Committee,
I am writing in support of extending the library levy for the operation of the Ashland branch. I have lived in
Oregon for 17 years, and Ashland for 13 of those, and in part have loved living here because of the
extensive community offerings available. Raised with a love of books and a tradition of regular library
visits, I believe that libraries are one of the central foundations of a free and democratic society.
While my support bas never wavered, my own personal use of the library has fluctuated over the years as
Internet usage became more widespread and convenient, and my life became more busy. But recently, I
have been reminded in a very visceral way how essential the entire hbrary experience is for bringing people
together for information, for pleasure, and for community.
As a new mom with an 8-week old baby, I was approached last year by a woman who was volunteemlg
with the new "Babies in the Library" project, and encouraged to bring my daughter, even though she
wouldn't be reading for a while. I decided to attend, primarily to get out of the house in early winter. I
found an instant community with this new program. I learned new nursery rhymes and was reminded of
others from my own childhood that I could then share with my babe. I began reading to my child all of the
time, at home, in stores, in the program itself, which I attended as often as possible. My daughter is now 20
months old and loves books and magazines and being read to, and "reading" to her dolls or the dog orjust
to herself. At age I year we got her her very own library card. She is now learning her ABCs, and is well
on the path to early literacy and a love oflearning in general. The children's librarians at the Ashland
branch, Margie and Perri, are
amazing with the children, and maintain an environment that is welcoming and learning-centric. Today,
the library is a favorite destination for my daughter, a place that she associates with friendship and songs
and stories.
And the same for me. Over the course of-the past year and a half, in addition to what I have learned about
early literacy, I have made and strengthened friendships with people who work at the library and people
who attend the library programs. I've gained lots of tips from other moms that have helped me as a fIrst
time mom. I have also learned about other enrichment programs from moms attending library programs
(such as Kindermusik and the environmental puppet shows at North Mountain Park). rve gone to morn's
2
groups and playgroups in tbe meeting rooms downstairs. I've checked out materials recommended to me by
others. As a result, I feel much better informed and more integrated in my community.
I believe that this integration is what makes Ashland so special. Free access to information, to meeting
spaces, and to dialogues about what is meaningful help bring people together, and bringing people together
helps to create a better quality of life for everyone. I highly encourage the committee to recomend
extending the local option levy for library operations.
Thank you.
Sincerely,
Karen Carnival
900 Strawberry Lane
Ashland
488.3379
***************************
Hi to all committee members,
I support continuing our local option levy for library operation because I remember the devastating ef~ect
of having our libraries closed recently for almost a year.
I support keeping public libraries open and so they can serve the public. The pared down staff bas done
an excellent job to revitalize our Ashland Library and to keep it open the same number of hours. The
Sunday bours have been a good innovation, giving weekend access to working adults and school children.
I have been volunteering as a book shelver every week now in the Children's Department. It surprised me
to see the enormous number of books that are checked out each week by children and young people.
As happy as I am to contribute my volunteer hours to the library, I would never suggest that any number of
volunteers could substitute for the skill and professional know-how of our trained librarians. I am willing
to assist them, but would never claim that volunteerism could replace them. Anyone who claims that that is
possible is not informed enough about the workings and complexity of a library.
Our AsWand library is the hub of our community. It provides a calm reading area, meeting spaces,
computer use, reference help, music CDs, audio books, videos, and computer classes for everyone.
The sharing of the building and its information-rich contents is one of the best uses of our tax dollars, in my
opinion.
Reduce, reuse, recylce - the motto of Earth day applies so well to the function of our library. The
quantity of materials stached in each home is reduced, because it can be recycled right back into the
library system for another person to reuse.
Libraries are an essential public good because they give access to education to all citizens, and of all ages.
They are an extension of the public school system by making continued life-long learning available to all.
I have lived in Ashland for 27 years and have appreciated the library system, and its skilled employees.
Helga Motley
231 Gresham 8t (yes- lucky to live just a few blocks from the library)
Ashland, OR
488-0155
3
*********************
I am against another property tax levy. I just read in the paper a few days ago that our property taxes will
increase and services will be reduced in Ashland. For people on fixed incomes these constant increases
become a real burden. On one hand you want to attract young families to the areal but with constant raising
property taxes you force them to leave or consider another town. Some other means of revenue should be
considered (e.g. sales tax, lottery tax, deposit tax on plastic bottles to be used for the library). The last
suggestion (plastic bottle deposit) could have many benefits besides funding the library, such as less tr.ash
and harm to the environment. The other issue is how this appears to the surrounding communities.
Extended hours for only our libmry makes us appear elitist and arrogant to the other communities.
Richard Tripoli
January 22, 2008
Dear Mayor and City Council,
I am writing to engage in a conversation with you about rising property taxes. I am a single woman, in my
sixties, and retired. Before I retired, I never missed voting yes for the bond measures in our community. I
believe in the causes; education, library, fire department, etc. These are all highly valued services.
However, in the last election, I found myself for the very first time voting against the levies. While 1 was
working, I always felt that I could adjust my budget, count on a salary increase from my employer, (even
though a social worker does not make much) so, I voted to fund these things in our community. However, I
find now that I was naive and shortsighted, since I did not stop to consider people on a fixed income. They
(we) do not have that luxury. So now I need to vote against these rate increases. The reason and only
reason for my no vote, is that the property owners seem to have the full responsibility for this [maneiaI
issue. Now that I am a "senior" on a fixed income, 1 find that I really can't afford to constantly see an
increase in my tax obligation each year. I am not alone in this feeling. Many of my friends my age retired
or not, feel the same way. And to make matters worse, the county has become more aggressive in [mding
what they call "clerical errors". Many property owners were faced with huge bills tins year, going back 5
years to fmd where a "clerical error" was made. The county can't really tell you what the error is, only that
they know there is one. My property taxes were nearly doubled with an additional $6500 for the past
"errors". An attorney was unable to find any law prohibiting this kind of practice by the county assessor's
office. I was told hundreds of these letters went out to Jackson County taxpayers. One friend ofnline in her
70's says that she doesn't believe she can afford to keep her house any longer. Now I realize, this
experience in not an every day occurrence, but you see how vulnerable fixed income seniors are with this
kind of "surprise" and the constant levies to support our community needs? Then, some folks nlight S~IY
"but you have a valuable piece of property". ...... ..and frankly, so what! I just want live in my house and
not have to wonder ifl can afford it the next year. Do we really want to eliminate an economic diversity in
our town? Do we want to make it so that lower and middle income, seniors and young families can't Ilive
here?
As I said before, I want the Library, educational opportunities for our youth, and all the other necessinies for
a healthy community. But, we need to get creative here and not continually go to the same old source.
Some areas of the country are offering people volunteer services for credits against their property taxes (for
seniors) in other state, seniors of a certain income level are exempt. There are many ideas out there that
work for other areas. Also, what about ideas like a coffee shop in the library to partially support it? Maybe
this is a good idea or not, 1 don't know. My point is, let's look at fair ways to support these things. I am not
an economist, nor an MBA, but we have brilliant people in our community who do know about this sort of
thing.. Why not create a task force to look into alternatives?
We give a lot of lip service to "affordable housing" in Ashland, but forget that all those levies make the
house payments of many, more that they can afford. I realize that there are many wealthy people in
4
Ashland and those folks can afford to bear the increase, but many of us cannot 1 have an idea that is why
we have lost so many of our young families too. The cost of owning a home is simply prohibitive.
I want to stay in Ashland, and in my home that I have owned for many years. 1 love it. My family was
some of the fIrst settlers in the mid 1800's. 1 have deep roots here and will do what 1 can to stay. However,
every year of increases makes me think that it won't be possible. Please consider other options for funding
our vital city needs.
1 am also sending a copy of this letter to Senator Alan Bates and Representative Peter Buckley, as I would
like to encourage them to support a state sales tax to fully fund education and take some of the burden off
of property owners. I am also sending a copy to Pam Vavara of the Library Council, since that issue will
be coming around again soon.
Thank you for your consideration of this issue. 1 would appreciate any feedback you might have.
Sincerely,
Karen Darling
490 Strawberry Lane
Ashland, OR 97520
541-482-2468
karend(a)iefrnet.or~
cc; Representative Peter Buckley, Pam Vavara, Senator Alan Bates
5
I am delighted to have been asked to speak to the City Council tonight regarding such
a very important issue. As a UC Berkley graduate with a Masters in Elementary
Education I am strongly in favor of asking the voters in November to extend the current
local option levy for library operations for another four years.
During the campaign to pass the current levy, I had the opportunity to re~ach out to a
sizable number of people in our community as one of three owners of Shakespeare
Books and Antiques. Of the eighty businesses in the community that I approached for
donations for the library campaign only four businesses declined to offBr support.
Our only library here in Ashland was closed at the time. It was devastating for me and
for so m~ny who came into my bookstore. Students who could not do their homework
because their parents could not afford a computer. Elderly people in our community
who are on fixed incomes searching for large print books. Our library represents an
asset to the community that should be treasured. It never should have never have been
closed for lack of fundin!=!.
What our library offers to our small town is an incredibly valuable community resource.
When the doors were closed everyone I spoke with felt diminished.
At Shakespeare Books and Antiques we have a significant part of our store dedicated
to children's books. It is very common to have parents stop by with children who have
read a book at the library and want to have a copy of their own book because they want
to read it over and over and over again. These are children who have developed the
love of reading at our local library which has a wonderful selection of books for our
children.
It is my belief that the owners of all four of the bookstores here in Ashland have always
felt that a strong relationship exists between the bookstores and our cClmmunity library.
As you probably know the Blue Dragon closed its doors last year. The rent was raised
to almost FOUR THOUSAND DOLLARS PER MONTH.
I recently visited Carmel and the first thing I looked for in the city was a bookstore. How
many bookstores are currently in the city of Carmel? ZERO. The rents are so high
that it is a small town of almost exclusively restaurants art galleries and high end shops.
If the City Council looks to the future and what could easily happen in our small town
they might be able to picture a similar pattern. If bookstores cannot afford the high
rents in downtown Ashland not even one bookstore may survive.
Our stor~ is loc~ted down an alley and we are told day after day that it is the red
wagons filled With books that leads people into our store. In the event that small
bo~kstores li~e The Tree House, the Book Exchange and Shakespealre Books and
~ntlques vanish from downtown, the presence of a library will take on an even greater
Importance.
! ,thank you for your time and sincerely hope that the City Council will do everything in
~t s ~ower to keep our library open with a schedule at a minimum of forty hours because
It WIll be my personal mission to do the same.
5u-L /+oll()/C
l-//).3/DY
! JFL--J ! tJ (tr(G~ L- "''''VF '- rJrA-UV1A.-/
*Information Access* \) ( .'Y::.-.-- ",m,'m'_'_
).. Research clearly shows that education is the best ticket out of poverty (Gans, 1995; Holleb, 1972).
~ Ho~e~'-E~OR!~h9..are"5trug.g~9.-i!tthe-(jep!b.?_::-qt poverty are the least likely to increase their
,-litera~iIIs_antlf-oDtaiFl-ctfQ!.rege-eaaeation.(US Department of Commerce, 1999).
lr:> Equal access - No one should be denied information because he or she cannot afford the cost of a
\~ book, a periodical, a web site or access to information in any format. Because libraries bring free
access to all, they also bring opportunity to all.
-
Subject-matter access - free expression, and the corollary right to hear/read the expression of
others. It is a core value of the library profession to actively defend the right of library users to seek
.~~!C?r-,"!!9_t.i<:>~~_~CC~a~~E what the topic, and it's provided hi a prOfessional and non-Judge mental
manner.
*Computer Access*: For a majority of library patrons who use computers, it is the only access to
the internet available to tnem. Tflis enables acces~ fOr.nformation~-For cFiTIdrenana-teel1Sespecially,
...----.--.---- . -------
this.Qrov.iaes~aii::ear:lYJey.ellng of the glay-ingJield_foL those who cannot_affQroJ:ecnnoIOCWin-
their homes. On a more frivolous level (but I think still very important) it allows them to have 1M and
Fac~Dooficcounts - imagine having to explain to your middle school classmates that you canlt afford
to have internet at your house, so you don't have a MySpace page.
- ~-
. ~th teachers and online ch~t vailable
. t ro s hav I 'n 'II d able
to h~lb'st d n the . J:tr n or so s they . r s n who ~~ ~ ent
involvement or int~ at home, this is an invaluable resource.
(Q:..).~f<~ -f ~b
*Literacy*:-Mer.e teens who can read are choosing not to read outside of school, leading to lower
scores on tests (not just reading tests).
Libraries offer teens a place to find books that they WANT to read, on any subject.
Every Child Ready to Read program that focuses on encouraging parents to model reading
behavior to their children.
Stats about children who have fewer books in their home and/or visit the library less start off
preschool behind their classmates, and then students who start preschool with lower reading levels
will most likely stay behind permanently.
Summer Reading: For both kids and teens, there's a new push for summer reading because it's
been proven that kids who participate in summer reading return to school w/ higher reading levels
than students who don't.
VG G>~ &::J,-J:cQ <^- ~ f6<t
II \ . ('., n '1
\U6~'''' SfeEl\, I $'\t&l.-~ /0..,*, rJ~) f(([sJ
April 23, 2008
Public Testimony
Citizens' Library Advisory Committee
I do not want to see another interruption in the library service in Ashland. Our entire
community was focused on this important issue last year to the exclusion of other equally
important civic problems.
I know thatcreating the structure to ensure permanent funding for Ashland's Library is a
complex and difficult task. The Advisory Committee members volunteered and were
appointed to make recommendations to the community and the City Council. They have
spent their time and energy over many months to become the experts on how to continue
to provide this essential service to our community. Having participated on community
commissions myself, I have some appreciation for the efforts they have made. I
personally know several members of the committee and value their opinions, know thl~ir
sense of service and desire to serve the best interest of our community.
They have invited the community to participate along the way and today are making a
recommendation to eh'tend the library levy for an additional four years.
I agree with their recommendation. If they believe it will take four more years to reach a
satisfactory permanent solution to this complex problem then I support that
recommendation.
Respectfully,
Regina Ayars
199 Hillcrest Street
Ashland
t~l:/J'tAtV' _
I received the fundamentals of my education in school, but that was not enough.
My real education, the superstructure, the details, the true architecture, I got
out of the public library. For an impoverished child whose family could not afford
to buy books, the library was the open door to wonder and achievement, aI'\d I
can never be sufficiently grateful that I had the wit to charge through that
door and make the most of it. Now, when I read constantly about the way in
which library funds are being cut and cut, I can only think that the door i:;
closing and that American society has found one more way to destroy itself.
- L Asimov. New York: Doubleday, 1994.
Isaac ASIMOV
There is not such a cradle of democracy upon the earth as the Free Public Library,
this republic of letters, where neither rank, office, nor wealth receives the
slightest consideration.
- Andrew CARNEGIE
III am excited about what's happening in my hometown and in libraries across the
country. But I worry about whether our society will support public libraries so they
can sustain this critical community service. In my view, investing in public libraries
is an investment in the nation's future."
Bill Gates
"Whatever the cost of our libraries, the price is cheap compared to that of an
ignorant nation."
. Walter Cronkite
The richest person in the world - in fact - all the riches in the world - couldn't
provide you with anything like the endless, incredible loot available at your local
library. You can measure the awareness, the breadth and the wisdom of a
civilization, a nation, a people by the priority given to preserving these repositories
of all that we are, all that we were, or will be. Malcolm Forbes
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Summary of Library Conversations, 1100-1400 23 April 2008 from David Churchman
Convenient hours now that I Imow the schedule
Likes Sunday opening
No complaints
More hours would be nice
Service good
So glad you are back
Checks music CDs to decide which ones to buy
Works part-time so Friday hours would help
Borrows about $200 CDs and books per month
Likes checking magazines out
Services important to quality oflife in Ashland
Public meetings attended: Mystery/Barry Kroft
Uses Internet
Renter
Loves Sunday hours
40 hrs adequate
24 hours NO NO NO
Borrows about $200 worth all books
Learning word processing from library instructor (Josh?)
Is organizer for SEIU, not Ashland resident not much of a library user
SEIU has bargaining survey out; will100k into giving us a summary
Uses computers for small business purposes
Amy Blossom is fantastic, entire staffhe1pful
Takes computer classes
Just a nice place to go
Borrows about $100/month (did not ask for value of computer services)
Has used Interlibrary loan
Reads newspapers from other areas to get comparative perspective
Has attended public meetings
Library staff but also resident
Fewer people same or greater workload: it "feels" busier
Reshelving process uses volunteers
Books come in Friday evenings take till Wednesday to reach shelves
Advocates real estate transfer tax to fund library even if not now possible
Renter
Weekly visitor
Borrows about 4 books per week so about $175 per month
Hours are a bit inconvenient but all else OK
Has attended meetings
Finds materials desired
Staff is great
Need more parking (condemn next door to get it)
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John Ames
An Option to Fund and Operate the Ashland Library
Our community library can stabilize its funding and become more responsive to the needs
of its patrons by organizing as a non-profit membership corporation. Regular users would
pay a monthly or annual fee, or volunteer, and would thereby become voting members of
the corporation. An elected board of directors would set policy and hire a professional
manager. The manager would assemble a staff consisting of paid and volunteer workers,
with the mix depending on the budget and the availability of volunteer skills and
commitment.
A core group of people who value libraries and have experience organizing enterprises
would need to coalesce, flesh out the concept, create a business plan, and conduct initial
negotiations with the present owners; Jackson County and the city. Once a few such self-
supported libraries are operating throughout the county, they would likely create some
kind of cooperative arrangements, or even merge.
Without prejudging the plans a board might develop, here are some ideas just to be
specific.
Full voting membership might be charged at a rate similar to the YMCA., or about $30 a
month. Some or all of this could be waived by volunteering. A creative director should be
able to use volunteers at all levels, not just routine support jobs. Membership would
confer full privileges of the library. Persons who use the library only infrequently could
be charged a daily fee of, say, $5. For people who only need to consult the library
infrequently and for some specific purpose, such a small fee would be a bargain.
The county and the cities all wish to support libraries, but are unable to fund the full cost
of the present system. They should, though, be willing to offer a modest subsidy to a
library that is supported largely by its users. Such a subsidy might consist of the rent-free
use of the facility and perhaps help with the cost of preventive maintenance. If the school
district were to incorporate use of the library into its educational program, it might be
willing to contribute a commensurate amount. If the membership or the supporting
government agencies are so inclined, they could even offer subsidized non-voting
memberships.
A non-profit corporation would, of course, be able to accept tax-deductible donations
and, over time, develop an endowment.
The advantage of this approach over the present arrangements is that the library would be
supported by those who most value it without forcing those less committed to pay for it.
The level of conflict and tension would be greatly reduced. The users would be able to
feel a real sense of ownership and responsibility.
818 Palmer Road, Asl1laml, OR 97520 541-488-5016
DRAFT Minutes
Citizen's Library Advisory Ad Hoc Committee
April 24, 2008
City Council Chambers
4:00-6:00 pm
Attendance:
Churchman, Vavra, Keil, Gibb, Batistella, Burkholder, Mayor Morrison, Seltzer (city staff
liaison), Blossom (library staff liaison)
Absent:
None
Guests: Jim Bradley, Friends of Talent Library, Ann Guevara, head of Jackson county Branch
Libraries, Denise Galarraga Director Jackson County Libraries.
Guest Speaker: Danny Jordan, County Administrator
I. Call to Order:
The meeting was called to order at 4:00 pm. Members introduced themselves.
II. Citizen Issues:
None.
III. Approval of minutes: Burkholder/Gibb all in favor.
IV. Presentation re: County Funding
Vavra introduced County Administrator Danny Jordan.
Jordan provided background of the county funding crisis oflast year which led to the closure of
the libraries.
Since that time he has restructured the budget and is confident that there are sufficient funds to
continue providing the current level of services not only for libraries but for public safety, roads
and other services etc over the next four years even without federal funds. His recommendation
to the county budget committee is to continue to fund at the current level of services, but he
reminded the group that they could decide to allocate the funds differently. The County Budget
Committee will vote on the proposed budget in June.
Jordan told the group that he expects to receive information in June regarding another year of
O&C funding. Again, he reminded the group that there is no guarantee those funds will be used
for the library system.
Burkholder asked if O&C did become available would the county increase the level of library
services. Jordan replied that he would not recommend that action because it would not be
sustainable and eventually the service levels would have to drop when federal funds wer,e no
longer available.
Morrison asked Jordan what his sense was of the budget committee position on library funding.
Jordan replied that if federal funds are received, he doubts the budget committee will cut the
allocated library funds from the general fund, but again reminded the group, that they could do
so.
I
Batistella asked if we (the county) needs a new revenue stream. Jordan replied yes, if we want
improved services. We don't need new money if we are happy with the current level of services.
However, in his opinion the current level of services are not adequate. He explained that relying
solely on property tax is always risky. There should be a diverse mix offunding in addition to
property tax such as a sales tax and/or income tax.
He feels confident that the county now has a solid budget foundation from which to work.
Jordan was asked if the county has looked at other library funding models such as ones in other
Oregon counties. He has and explained that a different model of county library funding requires
buy in from all fifteen branch jurisdictions and he believes that there must be joint cooperation
between the county and cities for a long term library funding solution. The county cannot impose
additional fees for library funding unless all the incorporated cities agree; however, cities can
impose surcharges to offset costs as was done in Talent.
Other than Ashland, Talent and Ruch, no other incorporated city has "stepped up" to provide for
additional library services.
Vavra thanked Jordan for his time.
CLAC discussion on recommended levy amount.
The group discussed the four-year levy amount they should recommend to the council. Seltzer
advised the group that factoring in a 3% increase each year for LSSI, levying 22 cents/$lOOO
assessed would be sufficient to cover enhanced library services each year through 2013.
Keil made a motion to recommend to the City Council that a levy be placed on the November
2008 ballot requesting 25 cents/$IOOO assessed value for a period of four year levy, second by
Churchman. Roll call vote: Keil yes, Gibb yes, Vavra yes, Batistella yes, Churchman yes,
Burkholder yes. Motion passed.
Brief discussion on CLAC presentation to the council on May 5. Vavra, Churchman and Keil
will meet with Seltzer to discuss.
Next meeting is May 8. Meeting adjourned: 6:00 p.m.
Minutes
Citizen's Library Advisory Ad Hoc Committee
Special Meeting
April 23, 2008
City Council Chambers
7:00-9:00 pm
Attendance:
Churchman, Vavra, Keil, Gibb, Batistella, Burkholder Seltzer (city staff liaison), Blossom
(library staff liaison)
Absent:
Mayor John Morrison, (council liaison)
1. Call to Order:
The meeting was called to order at 7:00 pm. Members introduced themselves.
2
II. Citizen Issues:
Walt Marsh
Referred to an email he sent to the list serve. He supports an Ashland/Talent library district and
opposes a local library levy. He is also opposed to contracting with LSSI for library services.
III. Approval of minutes: Churchman/Keil all in favor.
IV. Recap ofreport presented to City Council on February 5.
Vavra summarized the report presented by the CLAC to the City Council on February 5, 2008.
She explained the charge of the committee was to review current library services and to identify a
long term funding solutions for the library. The CLAC has learned a lot over the past several
months after hearing from stakeholders, professionals and working with the council library
advisory committee. Specifically they learned that there was not enough time to coordina.te with
other jurisdictions to develop a county-wide solution before the two year Ashland levy expired.
Based on that realization, they reported to the City Council that a four year levy should be
considered for the November 2008 election to gain time to develop a long term funding solution.
Keil commented that the CLAC was directed by the council to seek county wide solutions and
that Ashland was "not to go it alone". He added that an additional year of funding was needed to
put Ashland in sync with the county funding because the current county funding expires in 2010
and the Ashland levy expires in 2009. In addition, a four year levy means Ashland will not have
to ask for another levy in two years.
V. Public Input re: CLAC Recommendation to extend the levy for four more years.
Judi Honore
Honore told the committee how she became involved in the "save the library" campaign and
expressed hope that the City Council will do everything in its power to keep the libryar opens.
(complete statement is attached)
Gloria Longhi
Expressed admiration of the Ashland citizens for passing the local option levy. She spoke of the
senior outreach program at the library and how important the program is for elderly Ashland
residents who need large print books and are unable to get to the library.
Jim Hardt
Spoke of growing up in a small community of 1,600 residents in Kansas and the importance of
the library to the community. He spoke of the successes of many of his childhood friends and
believes their professional successes are directly related to the access to books they had as
children. Today, the population has dropped to 1,200 and yet they found a way to fund a. brand
new library.
Carol Jensen
Jensen spoke to the importance of libraries not only for information access but for equal access.
Ashland has many families that do not have resources to have books in their home or computers
in their home. Young people especially need access to computers for school work and social
networking, and schools are not open in the evenings and weekends. Libraries offer books that
young people WANT to read not just what they have to read for school assignments. She also
indicated that statistics show that children who participate in summer reading programs are ahead
of other students at the beginning ofthe school year.
Ann Magill
Magill is a former High School librarian and was the librarian for North Bend prior to coming to
Ashland. North Bend has 52 hours of library services and the recommended number of hours for
3
Ashland, given its population size is 72 hours. Forty hours is great but we need more. She
supports the fall ballot measure.
Shellv Elkovich
Elkovish home schools her children and spoke how devastating it was when the library was
closed to get access to books. Many home school children attend the alternative school Willow
winds. Teachers at Willow Winds rely on the library to conduct research and find teaching
materials for the home school families. She support a 4-year levy as a safety net until permanent
funding is secured.
Churchman asked how many children in Ashland are home schooled. Keil commented that there
are 300 families who use Willow wind but many home school children doe't attend Willow
Wind.
Josh Gordon
Gordon is a volunteer at the library. He explained that we all need knowledge and infomlation
regardless of our socio economic status. Keeping the library open is not about one group or
another but about all of us. He asks that candidates in the upcoming local election clearly state
their position on libraries and funding.
Bill Street
Street is the High School librarian and spoke of his history attending the Ashland library with his
children. He spoke of the partnership between the library and the elementary schools over the
years and indicated that the with the closing of the two schools that were in walking distance to
the library the partnership is not as strong as it once was. His survey of teachers indicates that
students have less of a connection with the library than before and he believes this is because of
the lack of the library connection at the elementary level.
Regina A vars
Ayars asks that the library service not be interrupted again as it was last year. The focus of the
entire community was directed to the library issue and there are many issues that need community
focus. She supports a four-year levy. She understands and appreciates the work of the CLAC
and deters to their judgment as to the levy amount.
Taliah Mortensen
Mortensen has been home schooled her entire life and will attend college in the fall. She spoke of
how expensive it is to purchase books and how students rely heavily on the library to do
homework and research. She regrets that she is not old enough to vote for the library in the fall
election.
Marilyn Bailey
Bailey spoke on behalf of the Soroptomist. She explained that as a service club, they see: many
faces ofthe community. Despite what appears to be an affluent community, Ashland has many
families who do not have the resources to have books and computers in their homes. She believes
it is important to provide library services county wide and commends the foresight of the CLAC
to ask for a four year levy.
Bill Rauch
Rauch is the artistic director of the Oregon Shakespeare Festival, His professional life was
shaped by his local public library. As a child that was where he discovered his love of theatre and
read all the plays. He brings his children to the Ashland library and believes that a public library
is a crucial resource to the community but also for visitors. For a community so rooted in culture,
it is unthinkable that it would not have a public library.
4
VI. Report of CLAC members on the library open house held earlier in the day.
Members commented they heard from many people during the day and all were passionate about
the need for library services and most requested more hours of service. Churchman commented
that they asked each person about the value of the service and library books. Each estimated that
they would value the books at approximately $180 - $200 if they had to purchase the books they
borrow from the library. A homebound senior who could not attend the open house called and
spoke to a committee member of the importance of the senior outreach program. Other hoped
that the library service would not be interrupted again. Gibb was stuck by the number of people
who do not have computers at home and need to library for computer access, he said computer
users ranged in age from teenagers to the elderly. Many users commented that it is not just the
access to books and information but they love the library because of the positive impact the
library has had on their lives. Burkholder commented that everyone was galvanized by the
closure of the library and hoped it would not happen again.
Vavra read aloud some of the emails and letters the committee received (attached).
Vavra then commented on other things the CLAC has learned including input from former
Ashland librarian John Sexton of a service model called a Federation of Libraries whereby the
county provides base level services for local libraries and communities supplement those services
She explained that by State Law special districts can only be funded through property tax where
as counties and cities can implement other funding options e.g. local sales tax, fees, etc.
The CLAC learned from Representative Buckely that it is unlikely that libraries could be funded
with state money. And that public libraries cannot charge fees to people who want to use the
library.
The CLAC has worked closely with Jackson County Library Advisory Committee and spoke
about the adult literacy campaign.
The committee will meet on Thursday, April 24 at 4:00 p.m. in the Ashland Library.
VII. Meeting adjourned at 8:30 p.m.
Minutes
Citizen's Library Advisory Ad Hoc Committee
April 10, 2008
Guanajuato Room, Ashland Public Library
4:00-6:00 pm
Attendance:
Chairman, Vavra, Keil, Battistella, Churchman, Mayor Morrison, Blossom (libraIY staff
liaison)
Absent: Gibb, Burkholder, Seltzer (city staff liaison)
Guests: Jim Bradley, Friends of Talent Library
Call to Order:
The meeting was called to order at 4:00 pm
5
Vavra asked for additions/approval of the agenda. Churchman requested adding
scheduling and staffing of the 4/23 Open House. Adopted as modified.
Citizen Issues - Bradley gave a brief report on the FOL Presidents forum.
Resignations:
Bill Ashworth resigned from the committee. Masanee Brown has resigned but when she
returns to town, she will be reappointed.
Mayor Morrison will work on adding additional members to the committee.
Minutes: approved as presented.
Discussion on April 23 event:
Battistella has taken care of some of the publicity. The Friends of the Library newsletter
had an announcement and was mailed to 400 people, PSA's are at various stations, flyers,
posters and bookmarks have been printed. Members will distribute the flyers, library will
pass out the bookmarks. Battistella will check the email.sviability.
Recognition given to Maureen Battistella for her work on these pieces.
Churchman, Battistella and Blossom will work on the op ed piece and give draft to
Vavra.
Morrison remarked that the city will be looking at a number of different financial issues,
the library being just one of these.
Keil showed a chart accenting that Ashland funding ends in 6/09, county ends 06/10. In
July 2010 the libraries will close. If an 11/1 0 election passes, libraries reopen 2011
County
2010
04/08
$
08/09
$
09/10
$
10/11
$
11/12
Nov
City
$
$
Nov 2008?
?
?
Election
Nov 2008
Nov 2009?
Nov 2010
Keil offered options.
1. Nov 2008 election at 20 cents year to supplement the county and keep library at
today's services for one more year.
2. Nov 2008 election at 58 cents/year
2A. Nov 2008 election up to 58 cents/yr for 4 years, levying what is needed beyond the
county's portion to keep Ashland open until 2012.
3.2010 countywide election, possibly in May.
Vavra's suggestion ofa Nov 2008 election, up to 58cents/4 years with the knowledge that
the city was responsible with the past election and only charged what was needed, not the
full 58 cents.
6
Other ideas - city could add to the second year of existing levy and carry funds through
the 3 rd year.
The committee will invite the city commissioners to the Open House on the 23rd. Ask
Diana to send a notice to them.
Scheduling/Staffing for 23rd.
Keil, Churchman at library from 11-2
Vavra, Gibb and possibly Burkholder form 2-5
Council Chambers - all, be there at 6:45.
Regarding city financial report. Mayor does not feel the council is directing us to
consider this information.
LSSI Report - discussion postponed.
Library Advisory Committee meetings
Meetings are the second Monday of each month at 3:30 at the Medford Library. Keil will
attend the April 14 meeting.
Future Meetings - Danny Jordan will be invited to the April 24th meeting.
Blossom will find out more about the governance in Clackamas County and report at the
4/24/ meeting.
April 23 Schedule
7: 00- 7: 15 Introductions
7:15-8:30 3 minute testimonies may run to 9:00.
Next meeting: April 23, April 24 and May 8.
Meeting adjourned 6:05 pm
Minutes
Citizen's Library Advisory Ad Hoc Committee
March 27,2008
Guanajuato Room, Ashland Public Library
4:00-6:00 pm
Attendance:
Churchman, Vavra, Keil, Gibb, Batistella, Mayor Morrison, Seltzer (city staff liaison), Blossom
(library staff liaison)
Absent:
Ashworth, Burkholder
Guests:
Mark Smith, LSSI, Jim Bradley, Friends of Talent Library, Kit Leary, OSF Archivist
7
Call to Order:
The meeting was called to order at 4:00 pm.
Vavra asked for additions/approval of the agenda. Blossom requested discussion of funding
memo be added to the agenda.
Citizen Issues:
Jim Bradley made a few comments on Josephine County residents using Jackson County
libraries.
LSSI Report
Mark Smith from LSSI presented a Report to the CLAC which included an update on library
usage and hours in Ashland, library programming, library outreach and library collection. The
full report is available as a PDF on the City's website under CLAC.
Smith was asked how LSSI determines library efficiencies.
Library staffing levels are critical. We look at the number of staff and the number of FTE per
hour and we look at the technical services. We prefer to have staff out front assisting the public
rather than in back offices doing technical services e.g. processing books. We determine that
staff costs to process books cost more than to purchase the books already processed from vendors.
We expect staff to multitask: work the desk and work the floor. We determine the tasks that need
to be accomplished and the tasks that have always been done but no longer serve a purpose. We
look at ways to improve customer service. Self check out is quicker for users and allows the staff
person to be on the floor rather than behind the check out counter.
We look at circulation: The number of books coming in vs. the number of books going out. We
look at the work flow of books and identify how those books are re-shelved and then determine
whether the process is efficient or could be improved.
We look at economies of scale. LSSI operates 60 libraries. We don't have to duplicate
administrative services including HR, accounts payable, payroll, graphic design etc. We do
collective purchasing of library furniture, computers and some books, though we also encourage
branch managers to identify and purchase books of interest to the local community.
Smith was asked about salaries for library employees. LSSI tried to match salaries as near as
possible but could not match benefits. As county employees, library staff had benefits equaling
approximately 57% of their salary. LSSI offers benefits at around 35% of salaries.
Vavra asked how LSSI gauges customer satisfaction. Satisfaction is measured using a variety of
tools: customer cards and in-library surveys. On occasion they have conducted telephone
surveys, which are expensive.
Vavra commented that she hears statements that "libraries don't affect my business" or "libraries
need to reinvent themselves". Smith responded that libraries provide a tool that enhances an
educated workforce needed by businesses, communities with libraries generally enjoy a higher
quality of life, libraries are an economic development tool, and businesses generally don't locate
to an area that lacks a public library.
Smith commented that there are many, many Jackson County library users who check out lots of
books but don't seem to get "involved" on political actions to vocally support the libraries. Keil
commented that it was the same with schools.
8
Smith applauds the "literacy campaign" but it is more than engaging individuals, the campaign
should also focus on developing a coalition of agencies and programs that currently provide
literacy and education assistance: GED training, Life Style skills, HeadStart, SOU, etc. They all
share similar stakeholders and the library can act as the center.
Vavra asked about union organization. The union has asserted a "right of successorship"
therefore claims the right to bargain for the library staff. LSSI has agreed to meet with the union
and begin negotiations.
Smith explained that the county intends to transition out of SOLIS and contract with LSSI for the
services. SOLIS is a non-profit agency contracted to negotiate and provide technical services:
software, Qwest, Verizon, routers, switches etc. SOLIS originally provided services to libraries
in Jackson County and Josephine County. Jackson County and RCC are the only remaining
libraries serviced by SOLIS. It is likely that LSSI will provide the services for RCC as well.
Morrison asked how a library accommodates bi-lingual support. Smith explained that they look
for staff that is bi-lingual, offer ESL classes and adult learning classes at the libraries. The LSSI
library in Riverside employs bi-lingual staff and offers numerous bi-lingual classes. Smith
commented that there is a large Latino population in Jackson County and eventually the libraries
need to more adequately provide for that population.
Churchman commented that a nice feature might be to include a comment section on the
catalogue site so that readers could leave comments/recommendations on the books they've read
for others to read.
The new director will start on April 14.
M/S approval of minutes with corrections Churchman/Keil.
Discussion of funding memo
Keil reminded the group that the county provided funds for three years and Ashland for two
years. Need the November 2008 ballot to cover the third year.
Vavra asked the group to table the discussion until the next meeting. Morrison supports "getting
in synch" with the county.
Report on Open House and Public Meeting.
Vavra will speak to the Chamber on April 14.
Batistella reviewed the committee member assignments re: outreach to recruit people to testify.
Vavra will submit a guest editorial/letter to the editor to various print media inviting people to
attend the Open House and evening meeting. Speakers will be limited to three minutes aJt1d be
asked to comment on the importance of libraries in regards to economics and education.
Some review and discussion about the flyerlinsert. All comments and corrections should be sent
to Batistella no later than 5 pm on Friday, march 28. The flyers will be inserted into all books
checked out ofthe library leading up to April 23.
Vavra asked Morrison what the council will want to hear. Morrison commented that it is
important for the council to hear and understand the benefits of a library to the citizenry.
Brief discussion on the presentation to the Council on May 6. Seltzer and Morrison will map out
the timeline needed for the November ballot.
9
Next meetings: April 10, April 23 and April 24.
Meeting adjourned 6: 10 p.m.
Minutes
Citizen's Library Advisory Ad Hoc Committee
March 13, 2008
Guanajuato Room, Ashland Public Library
4:00-6:00 pm
Attendance:
Ashworth, Churchman, Vavra, Keil, Gibb, Batistella, Seltzer (city staff liaison), Blossom (library
staff liaison)
Absent:
Brown
Guests:
Jim Bradley, Friends of Talent Library, Kit Leary, OSF Archivist
Call to Order:
The meeting was called to order at 4:00 pm.
M/S Keil/ Ashworth approval of the agenda.
Citizen Issues:
Vavra invited Jim Brady to speak. Brady indicated that he is attending the meeting on behalf of
the Friends of Talent Library and either he or another member will attend all CLAC meetings in
the future. He expressed the Friends interest in forming an alliance with the CLAC given the
shared interest in keeping libraries open.
Vavra added an item to the agenda to discuss CLAC appointing official liaisons to the committee.
M/S approval of February 14 minutes with corrections, Churchman/Ashworth, M/S approval of
February 28 minutes with corrections, Keil/Ashworth.
Gibb asked for background information on the discussion at the previous meeting re: Jackson
County Library Advisory Committee marketing campaign. Vavra gave a brief update.
Gibb asked what the impact to the Ashland library might be if a county wide levy failed in 2010.
Keil commented that if the levy fails, Ashland needs to have a contingency plan such as forming
a special district. It was noted that this issue needs to be discussed at a future meeting.
Report on Open HouselPublic Hearing April 23
Keil and Ashworth had met previously to discuss the open house and public hearing. Keil
reported the Open House will be held at the library from 11 :00 - 5 :00. Two CLAC members will
be at the library to elicit specific input from library users. A single page handout will be available
that summarizes the work ofthe CLAC "where we are" and "how we got here". The handout
will be available at the Open House and in the library a week prior as an advertising tool for the
Open House. The handout will also be posted on the city's website advertising the Open House.
10
The evening event will be a special meeting of the CLAC to include a public hearing. CLAC will
contact various library supporters to present prepared testimony (5 minutes each) and invite the
general public to testify (3 minutes each). The purpose of the public hearing is to elicit citizen
input on the proposed extension of the current levy and get a sense of how much the levy amount
should be. The meeting will begin with a 10 minute presentation on the work of the CLAC.
Gibb asked how this input will help get the CLAC to determine a dollar amount for the levy.
Batistella asked for clarification on a two year levy and a four year levy.
Vavra requested the discussion wait until after hearing from Batistella on the OutreachIPublicity
planned for the events.
Batistella provided a draft flyer and draft publicity plan which included key messages, potential
invited individuals and media outlets. Keil suggested adding Juli diChiro and the Ashland
Coalition members to the list.
Discussion on other methods to get the word out about the events. MIS approval to officially
request the City waive the fee to hand a banner on Main Street.
Batistella asked how much outreach must occur between now and May 5 versus outreach between
now and November.
Vavra expressed the need to do outreach now and later. The community needs to feel they are
involved early in the process to help shape the recommendation and so they feel connected to the
issue by the November election.
Discussion about the amount ofthe levy.
The committee is divided: some feel the levy should be for "up to 58 cents", others feel it should
not be more than 25 cents others feel the amount cannot be determined until after the public input.
The group recognized it will be difficult for the CLAC and for the public to determine the need
since it is unclear what will happen after June of2010. The Ashland levy provides suppkmental
funds for the Ashland library which includes additional weekly hours, three full time employees
and outreach services. The levy expires in June of 2009, but the county funds continue for
another year. CLAC is sensitive to the importance of a county wide levy and does not want to
inadvertently send the message that Ashland is preparing to "go it alone".
The countywide levy will be on the November 2010 ballot. It is unknown whether the County
will fund the library for FY20 1 0-20 11. If the 2010 levy passes taxes can be collected in FY2011.
Will the county fund the library for an additional year until the taxes area available? Ifthe levy
fails, how will Ashland fund its library?
Keil clarified the ballot language must be a fixed amount or a fixed rate and can include the
phrase "up to".
Vavra invited the guest to comment on the group discussion. Leary commented that during the
last campaign it took a great deal of explaining to people that the City would only collect 25 cents
even though the ballot indicated 58 cents. She felt it was confusing and supports setting a levy
amount of 58 cents. Brady commented that Ashland needs a best guess on the amount to fund a
stand alone library and that the CLAC should not be concerned about alienating the rest of the
county.
11
Keil suggested the CLAC consider two measures: one for 25 cents to supplement the county
funds and one for an amount needed to fund a stand alone Ashland library. Keil did not
encourage group discussion and suggested CLAC think about it for a future discussion.
Vavra asked the group to read and comment on her draft announcement. MIS Keil Churchmanto
authorize Vavra and Batistella to make any necessary changes to the draft and submit the
announcement without further group review.
Vavra invited the group to discuss the possibility of setting a policy to appoint official liaisons to
the CLAC from other communities. Brief discussion and then tabled due to time constraints.
Next meeting: March 27
Meeting adjourned: 6:05 p.m.
Meeting Notes
Citizen's Library Advisory Ad Hoc Committee
February 28, 2008
Guanajuato Room, Ashland Public Library
4:00-6:00 pm
Attendance:
Ashworth, Churchman, Vavra, Burkholder, Seltzer (city staffliaison), Blossom (library staff
liaison)
Absent:
Brown, Batistella, Keil, Gibb
Guests:
Jim Olney, Jackson County Friends of the Library and Ruthie Painter, SOU writing profe:ssor
Call to Order:
The meeting was called to order at 4:00 pm.
Citizen Issues:
None
Due to lack of quorum, the minutes from February 14 were not approved.
The committee members reviewed the minutes from February 14 and Burkholder asked why the
change in the public forum schedule. Churchman, Ashworth and Seltzer gave a brief update on
the discussion. The group agreed that delaying the public forums on library services and library
governance until later in year would give library users a longer period of time to experience the
current services before commenting. The group agreed to focus their energy on developing a
comprehensive open house and public input/hearing on extending the levy.
The group then discussed locations in the library best suited for the "open house" to be held from
10:00 a.m. - 6:00 p.m. on April 23. That same evening, the committee will hold a formal public
hearing in the council chambers from 7:00 p.m. until 9:00 p.m. or longer if necessary.
Discussion moved to library services and the best way to evaluate services in addition to using
ALA standards. Vavra suggested inviting LSSI to an upcoming meeting and make a presentation
on how they evaluate services. Vavra reminded the group that Ruth Metz had previously
12
provided information on evaluating library services. The CLAC wants to develop the criteria for
evaluating Ashland library services prior to conducting the public forums. Vavra asked people to
review the list of resources and identify who should be invited to attend future meetings to further
the CLAC understanding and desire to develop criteria.
Vavra shared with the group her recent conversation with Kathleen Davis re: Jackson County
Library Advisory Committee proposed literacy program. The program is aimed at adult literacy
and its importance to regional economic development. Oregon Solutions will conduct a
feasibility study for a literacy campaign to be completed by the end of March. Olney mentioned
the Jackson County Library Foundation is a 501 (c) 3 and will be able to apply for grants to fund
a marketing campaign, the Foundation has committed $10,000 and LSSI has indicated they would
contribute $10,000. The purpose ofthe marketing campaign is to give people a clear
understanding of the value oftheir library. Olson also mentioned Walmart has committed
$25,000 for a summer reading program.
Vavra asked Davis how CLAC can help. Davis suggested getting the other communities that are
subsidizing library services to also form a CLAC so that they can all coordinate more effectively.
It was also suggested that CLAC draw attention to the bigger picture (countywide library effort)
by including statement about the economic benefits of a strong library. It was suggested that
Vavra request time on an upcoming Chamber of Commerce Board meeting to speak to the issue
and ask for a statement of support. It was also suggested that OSF be contacted for a similar
statement of support. Discussion on additional ways to get the word out: insert in Chamber
newsletter, Friends newsletter, etc.
The group discussed the need to prepare educational materials prior to the "open hours" and
public hearing so that participants are "up to speed" on the actions of the CLAC to date and as an
opportunity to explain why the levy needs to be extended. Vavra illustrated that City levy funds
will expire a year in advance of the county funds leaving a funding gap for enhanced services in
Ashland and once the county funds expire at the end of year FY 2010, no funds will be available
for library services. The intent of the CLAC with the levy is to get "in sync" with county funding
timeline.
Next meeting is Thursday, March 13.
The meeting adjourned at 5 :45 p.m.
Minutes
Citizen's Library Advisory Ad Hoc Committee
February 14,2008
Gresham Room, Ashland Public Library
4:00-6:00 pm
Attendance:
Ashworth, Churchman, Gibb, Battistella, Keil, Mayor Morrison, Seltzer (city staff liaison)
Absent:
Brown, Vavra, Burkholder,
Guests:
None
Call to Order:
13
The meeting was called to order at 4:50 pm when Batistella arrived and a quorum was reached.
Citizen Issues:
None
Discussion prior to quorum re: recent report to Council.
Gibb invited Mayor Morrison to comment on the CLAC recent presentation to the Council re:
placing a levy on the November ballot for extending the library funding. Mayor indicated
individual councilors were receptive to the levy but do not want the levy to be higher than 25
cents and councilors indicated that want the CLAC to continue to work with the County on a
permanent funding solutions. The Mayor suggested the CLAC make a presentation to the council
in early May recommending the levy amount. A May presentation will give both council and
staff time to prepare and review necessary paperwork required by the County Clerk.
Discussion prior to quorum re: how to evaluate library services.
Keil wonders if CLAC should have a public forum on library governance and if the topic should
be added to the funding public forum. Comments were also made questioning why public forums
on library governance and library services need to occur so soon and perhaps it would be better if
those two topics occurred later in the year after the public has had more time to experience
current library services.
It was suggested that the focus be on a public forum asking for public comment on the proposed
levy and levy amount.
Batistella arrived at the meeting at 4:50.
Gibb recapped the previous discussion. Batistella reported on her work designing the public
forums. She feels that people might not be interested in focusing on a single topic and that it
might be better to give people the opportunity to comment on any topic related to the library. Is it
better to have multiple days of public input or a single long day of public input?
Much discussion on format of the public forum. Gibb asked what the CLAC needed to decide at
this meeting.
MIS Ashworth/Churchman to postpone 3 public forums until after November.
MIS Keil/Ashworth to conduct a public forum on April 23, to include general input from the
community on the proposed extension to the library levy and the proposed levy amount and a
"report to the community" on the recommendation CLAC will bring to the council. It was
suggested that the "report to the community" could occur with the Mayor on Town Hall, May 7.
1) Churchman will develop a list of questions to pose to public forum attendees. Questions will
be circulated to all CLAC members for comment.
2) Ashworth/Keil will work on the "design" of the public format.
3) Batistella will identify outreach and marketing tools to promote the public forum.
New discussion on how best to "evaluate library services" and how to assign tasks.
Keil suggested breaking it into pieces: hours of operation, collection, professional staff,
computers, LSSI and by audience: seniors, teens, children etc.
Ashworth commented on ALA standards as a means to evaluate.
14
Keil wonders how to quantify the adequacy of services and how to define adequate?
Gibb proposed the next step is to ask the three committee librarians to meet and draft a list of
questions regarding reviewing services and try to get a sense of How to review services, the
standard of measurement and how to merge the results.
Next meeting date: Thursday February 28.
Meeting adjourned: 6:00 p.m.
CLAC minutes prior to February 14, were included in the City Council pack{~t of
February 5.
15
RESOLUTION NO. 'J..CO"\ -~
A RESOLUTION OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON,
CALLING A SPECIAL ELECTION TO SUBMIT TO THE VOTERS A FUNDING
INITIATIVE TO LEVY UP TO $.58 PER $1000 ASSESSED PROPERTY VALUE FOR
THE PURPOSE OF OPERATING THE ASHLAND PUBLIC LIBRARY FOR A PERIOD
OF TWO YEARS.
RECITALS:
A. The City Council of the City of Ashland, Jackson County, Oregon (the "City") has
determined that there is a need to finance the cost of operating the Ashland Public
Library for a period of two years.
B. Costs are estimated to be $1,005,000 per year for basic library services including
operating hours of 40 hours per week with professional staff, existing public terminals
for internet access, previous newspaper and magazine subscriptions, access to
materials currently in the Ashland library, 400 new books per year plus additional
services if funds permit.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. A special election is called for the purpose of submitting to the qualified
voters of the City the question of levying up to $.58 per $1000 assessed property value
for the purpose of operating the Ashland Public Library for a period of two years.
SECTION 2. The special election called shall be held in the City on September '18,
2007, in accordance with Oregon law.
SECTION 3. The City Recorder shall cause to be delivered to the Elections Officer of
Jackson County, Oregon, the attached Ballot Measure Notice, not later than 61 days
prior to the election. The Election Officer is requested to give the electorate of the City
notice that the election shall be conducted by mail pursuant to Oregon law; and
SECTION 4. The City Recorder shall give notice of the election as provided in the laws
of the State of Oregon and the charter and ordinances of the City of Ashland.
SECTION 5. The City Attorney is authorized to alter the text of the ballot to comply with
any rules, procedures or practices of the Elections Officer of Jackson County to
implement the requirements of Oregon law.
arbara Christensen, City Recorder L
SIGNED and APPROVED this 2'7 day of rTluu... ,2007.
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