Loading...
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? ('OIINC]L 1,,1E1:TIN(;S ARE BROAL)CAST LIVE ON ('{IANNL], \) VIS!rrlIF (TIY (IF' ASIILAND'S WEB SIlL :\J W\\'\VASHLAND.OFUiS 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). V]:-:'] I. I I] L t II 'I II!' ;\:-:']1 L./\N U:-:' IV Lh :')) ] I. f\ i IV IV VI ./\:-:'11 L.\:'\ I). tHe u:.., 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) r~ f/l~ ~~ v~ A~ rl/4:;e 4:">4(~'1cJJ ~~ n I. J \, I ~ w ~ ~ ~MektN lc.., @d,.,-vt~ /W55 l\ll6--~\N Ej - ( ~ 71 f1 !It ~/j/N//f)l r!fC/IAlce &7l1' 1i#7~yrt7Y<'~rc$ -;P,J;;4 ~S; ~ ~l'AeI J:;::!; t1e>-H'",- '177 ~f/rpM,"'~1 C. ~':j f+.-~ ~ v U2C- / Ct..--r---e nno.J' 0 '::J ~. ~~Ci: ~ C.z-~ - p~L,,~ ~for:r ~S :;;k:::;/kO~)rlPstJ ~t~])/)h~/M..-- ~~W~LJ~~s .'7?f~~~ ~~ NAME L : <"'\Da-r ~ ~erc\ 1- ~oN L~~c Ka \( H arl",'!;; G f1 ~Q e~~ ~ . f _ U i.C-41 cJ(~~ g, L-<- ~L-l't-0> M.~~ ~~-t-I /It t,"~N' Q~/lJe LL APPENDIX B SIGN IN SHEET County Meeting on WOPR AFFILIATION ~o...~':x::>n (o~,,~ \ $:.6, (). ell' o~ (?/Jhl ;::'/~I- N, ~Jl~ W~JJJ) A~~ ff 13t?;5c:. c~<- 10 e-A C-. au lZ-k<{ /}~~ :;~ E-MAIL ADDRESS ~ ",,\--o-lJ ,e 'I c.. c.-L.-Son (c...:.""~'l 'ON: la.v\'~ws;;v. edv f<1>C!.por /Q'\hoitf/td:( ~_. \...'V , . '-(j If'\.. - ~H671.f1:L ;<~."l(),' e'-'\.lte tie-f5V"5eC~'U; ~ J.1It4 k , ~1 wv-ll (2 6 ~rtit -62.... ~ + ),esS 2a:>J.&dk r-f~ucf \C bon, ~k,.. 2. @.~ '" . ~ C!.-iVi l 5 (> "'- j eOYH\ 'fO ; V\. -\:-. )\ d Jr SIGN IN SHEET County Meeting on WOPR NAME {:.,Cbvyev AFFlLIA TION J;l k/~ {Po (tP-.-.v....' ~ )1157-1 C( L V\ A~t>'l\L ~ f ct ~ p', tL d .., /IJ Q,;4-L- ~~. ~JLk-- (lM~~eR . ~ ,J.. - ,~ SoT (;t- ~vfHJ {Y, ~, C~\ N~~c, K~t~~ 1(( \DJ1J,L~ :D~ ~S~~ ~,p (.... &wo~ /::J~t!prf'0vltc (l P 72v~~ ?JLI -k j SW t.. i) /V ft.I}L ~.r&<('Jr.VL .:l-Vidt: ~ LttMs ... J1Vc. ~Jh1 - /~ 7lJL- T tLc- (Cc,. rx (Jl l C ~ E-MAIL ADDRESS 1. jt>" (,IM (! j a t ~/ 0'1 Ctv:, I u. "",-n,ov':l;:' ~rct'd; I., ~~'^f'1 (,(~5:~cr:ri<::-"-' her (C\..~e( k~ l\s@ CUXA."'-~'1' t"\.e. +- f Cs. k C €- t~A-K ,{J!I \/ br~l\ ~J~<tvtC~.l rc.~k:, ~ ?5ll6.r1;(b () lye. CN--L all kJ~ J"i'WY'Kca- "'~~ 14~,.{J . IJLd<. (;4 tn. jl\A&JlIwA'. 1"-"'- r 4~~J'[,( ck~AedAA.. If..tk. , ~E ale,J) 'Y~-jnn;) j~r~f7'c' 0 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 6 7 8 9 10 11 12 13 14 15 16 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. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 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 51 52 53 8. 54 55 9. 56 57 58 59 10. 60 61 62 63 11. 64 65 12. 66 67 68 13. 69 70 14. 71 72 73 74 75 76 77 78 15. 79 80 81 82 83 84 85 86 87 16. 88 89 17. 90 91 92 18. 93 94 19. 95 96 20. 97 98 99 100 21. 101 102 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 r~' H Z ~ ~ H ~ < ~ ~ ~ 00 ~ o ~ u ~ ~ ~ ~ ~ I ~ Z < ~ == 00 < ~ o ~ H ~ U 00. ~ < 00. o ~ o ~ ~ ~ o ~ < ~ ~ ~ 00. OJ) = .- C'-l C'-l o looo U '0 ~ o lo.o - .- ~ ~ ... ~ ~ looo ... 00- .s < ~I/) ~'7 ...1/) C'-lQ ~Q ~M bb ;:: 'S (!) 0.. o .: "0 o ..... Zo:l ..........'- u u 0 (!) (!) (!) '0"0' ~ P::P::Q r t"- N . lr) u :>. t"- ;:: ~ 0\ -::r:~ <"') on "0 0 ;:: 0 [J) ..... 0 [J) :> ~ ro ~"Oo... !-< (!) [J) (!)~"E [J) 0 ro o lr) !-< ::El,Qt) ;:: ;::; .8 lr) ~ t"-O N!-< O\I,Q 0lr)~0\ e-:!O~ 0....... 0 g~"E~ -0<.2 ::Eo:l"OQj E-<O(!)'V .....:io...::EE-< e o o ~ ~ u = ~ looo ~ = o U = o :>. ~ C'-l 00 [J) (!) [J) 'C N e- ("')"1" .....(!) lr)("') ';:::"1"t"-....... ....1,Q0\"1" ~("')~o\ 8.......0t"- .....~;::"1" .-::: 0 ~ !-<o:l~ Qj o:lO(!)'V cio...::EE-< 8 Q. Q ~ [J) r!-< 2 (!) ro (!) S .s ".c b1)[J) ~~ - cO Q Q M o - - .- looo c.. < !-< (!) "0 "0 ciS '+-< o v 6 ro Z o c: t"- "1" 0\ ~ lr) ....... V't o o N o O\r N N ....... V't I,Q ....... I,Q lr) ....... 00 ....... ....... V't o ("') t"-r ....... I,Q ....... V't "0 ..... o:l '- o ~ r:/1 :>. ..... ~ ~ [J) ro U [J) !-< (!) - (!) ~ !-< E-< ~ ~ 'Ei ::E :>. 1::: Q) .D ~ ro '8 ~ ~ u '- o o U :>. ..... '2 S (!) "0 ;:: - o U g ;; ;:: o o:l '- o (!) ~ Z ~ o o ....... ~ o lr) ~ o lr) "0 ;:: o o:l "0 CO '- o ..... ;:: ~ o s <r:: [J) (!) :>. [J) ~ tr) I,Q 0 N N c: ~ ("') 0 0\- N ~ ~ "1"r I,Q ....... . 0 0 t"- 0\ U t"- [J) "1" _ ;:: lr) [J) --- V't -.......ro:;; O~o...lr) U 0 [J) o:lo:l"EQj OO~'V ~o...dE-< [J) v :>. [J) (!) U 'E (!) ON r:/1 t"-("') "1"t"- 7;:: t"-N o 0\ I ..;:: I,Q ~ 0\ 2~0~ t)~ bl):::::; ;::~!-<"1" 00~lr) Uo:l{5Qj <r::0~'V .....:iO"'~t-< "0 ~ "0 V ~ o Jj U <r:: s ~ "0 ;:: (!) "0 "0 <r::J !-< V "0 "0 ciS '+-< o V 6 ro Z o o lr) ("') N., I,Q 00 ....... V't :9 o:l '- o S ~ r:/1 ro '8 ~ ~ U '- o o U :>. ..... '2 S V "0 ;:: - :>. ..... V !-< ~ r:/1 6 V ..... [J) (!) ~ o U b1) ;:: ] o o:l '- o (!) S ro Z '2f( o ....... [J) (!) ~ o o ....... [J) (!) ~ "0 ;:: o o:l "0 CO '- o ..... ;:: ~ o s <r:: "0 (!) "0 (!) ~ o Jj U <r:: s ~ "0 ;:: (!) "0 "0 <r:: u o ~ ..c u '" cD ::: .~ o U ::: '" ~ u; oj LLI 00 o '-0 o on o -;0 '0 ::: oj on >. oj ~ 00 o o SJ ::: .2 '" u 'c ::l E E o u 'u ::: ::l o ~ 'u ::: ::l o U 6 t) 0- ;E ~ :c :r 6i ::r -0 m 5 o g ~ 0, El o 3 &t o o 3 g ~ g 1i" ~ Ki o o '" ~ ~ '" D> ~ <> '" 6 8 o '" m ~ s: D> S' o ~ S' '" ~ ::r '" x u; ~'g)I~! 010:~~ ~ig'!;oii ~ 1il ,~~ 2, -'Cll ,v,-l 21.-' !Q ','0- o '(IJ ,OJ " 5'OJ '< Izl ::l'lil () ,>, (f) ::1" I' C ~. Ol :< ::llc ~C:'I:::j :E ~llm o ~113: ~ ::l' en, !illr> 10 I~ '0 'Ol' ,-< I> o '0 ,m ,z 10 ,e 1,3:, :z 19 I I t I~i 13 10 I(f) ~ CO" , 3::1"'- , ,c, '3 r=" , I(f)m ,C ,OJ ' 3 g.,;!! , ' , !-.I. ~ !~ 16jO')I6 I I I Iffi ,ffi 'ffi 11.~!,mj 0100 I 100,01 10100,' 1--1,--1' i~i-E/):~i! : 'I '......lo.1 I , 1.01: : ! i81~I~f Ic::>c::> c::>1 !8i8!8: -j 1-+ ffi 'ffi' " ~I ro~ I(f) 10 ',tn c3 iOlo I :0,0 +- t --:-- I ffi! ffi ffi , , I ~ ' 0, om~ 000 66'61 o 0,0 ffi ffi ~ v.>m ~~ v.>"'....! 8,g; 00 0,0 ffi ffi ' , !~ jO ~ '(f)m 0 Ie '. . '388 i ffi ; ffi ffi li'I'~li~ !888 'ii 'ffilffi " , C 3 "0 ,f\J!......lo.: (/)01,CJ'I, C . " 3 0,0' 0'0 I' ffi 'ffi i ffi I ' m ' ~:......lo.IVJ ,tn tn m 000 iOO-OI ;000 I-;;.~~ Ii"! ! ! ,e:" I I 131 I I jO v.>1~' :CfJ 0 0, C bioi '3,0'0' , "[ ffiffilffil N ;: tn I 1"0--".::..' l~i~i~i' giglgl '. !ffij~l ~I I i 3 I 10 i~I~1 (f)Otn C Die:! :,30.0lf ffi ffi ffi , I , ,~ I. ,': !~ ~i~1 000' 188181 ./>. ./>.'./>.1 !(Xl:-..I !O) ,0'0:0. ::o::o,:;u Cll 0 OJ - '3 olE G') o "'"::l :x: s. ~ (f) 7' '::l C ,Cll 0 fi5 IOI~ " Ig: ,::1"15'1 :e ,a. ~ i > 1::0 I . 1-<' ICll, I '0' !g' 1m '5:: 1< 15" If!! fel' 10 " l"tl gJ !, 3: !il 11m I~ I~I '0 10 ,0 IZ' '~! o " '..... - :1 I I (f) i : ~!; ic;i!~1 ::lj~ 21 "c;i~ : I'-::l'~ , 'I I I ~ ~ ,,~,.~:,6[i 1_ "H_ 'ffi ffi, ffi , I . ,I I~~I~I' loloioli 100,0" - : -- I ~f ,ffilffi.ffi If\Jif\J:-lo. 10'tn'~ iOiO:o, IO!OiO i ' : ffi ffi ffi i~i~l~ 'O:c.nIQ :0;616 0:010 :-Efl:{Ai~ , i i......lo.;c.n'r\.), 1~!c::>I~i 818181 I lll' !ffilffilffil ~./>../>. ~tnO tn,OO ,000 '0.0 0 ffi ffi ffi -...:c.njNI tn ,tn ,tn: '0'010, :010:01 , j j I. '-En '.(;A '-E/) i ......lo..::..,~ii ~<D,O' i~i~I'~j '!I " ffi 'ffilffi 1 : I I 1 I 'I W'NI......lo. 0'00 : . . . I 000, 000 : II ' ;-EA!-E/) -E/)! I I./>.I~'~ ,tn 10> 'm' 0'00 000 000 ffi ffi ffi " tn..... " 10 'tn,,,,,, I IOIO!a. 1010,01 !ffi Hffi! ..... m~ tn.....~ O,tn 0 16:0:6 ;0,0:0 I './>.I./>../>../>. tn'./>. v.> ~ .0.OiO 0 ~~'~~ ~iiliil3 ~,.d'!;Q ~ :-l.i<~ ,CD i =:~::J 0) i!;Q:cnci'5. fg 1O':!eo ,::0 ;cn ~ i(J) i~. 5' 5'1 l!a ~ J;! 1 Ig;, !il ~! I~ I I~. ~ (f) ce' ::l C/l " c'c , i 33 I (f) : 0 ,1010 ~ ~(f)(f) .."I..,,:C c ,-!,-:3 3 '(f),(f) I co ,o~ ~ '''''0 0 :;+;;+ :T :T ! (...)'-l. 11'\,);0 !o'O,-l. .::.. in: i . - I ffil ffi ffi ffi I I . ,../>._~ i(11iC;,g'g 1~1c::>!c::>c::> 010100 1010:0 0 , !(I) i~ (I) (I) -l.-1I.'::"O) i~'OOO 1S588 8 10'00'0 000,0 ffi iffil' i r:r c'c 313 I i~~~~ '100 C'C '10033 I, , ..-, : ffi ffi ffi ffi tn ~'tnl~ './>.......'1'0 tn '/>',0010 881818 1 'ffi 'ffi : ; i I~:~ I 3 3 I ' 1010 ~'~'(f)(f) :-"I:-"Ic 'C i8!8i3'3 I , I ' : ffil ffi ,ffi ffi i ~ 'm,~'O~ 1-.....J;-1I.,O,W I!'VC::> c::> c::> I Ig~g g,g I II" ffi ffi r !r C'C :313 ~Nroro c::>c::>ig>lg> 8:8i313 1 (1),(1):(1)(1) 0) t\.) ......;-11. .,J:a. o ,tTI I""" o OIOltn 88!88 i: t-- 1 : -Efl '(I) I ' ,,' I I I~'~ Ig:g:~~ I. ,. C C Ig,g3 3 ; j 1 ffiffilffilffi I~i~ i~!~lg~g iO:O!O'O ,0000 0000 ffi ffi " C'C 3'3 ./>. ./>.jO ~ o'o'(f)'(f) OIOIC IC ,0:0,313 :-- --1 I t !-Efll-Efll-Efli-E;A i , I~:./>.~v.> !O>.O ~ 0 19i9'9,9 i8i8i8 g '~'~!~!1$~, 010 10 '0 10, "tl -o'''o;-oQ'Q' m OJOJOJCC :;u 3:'C5C5~.~ ~ .~,~.~~~ Z l-o:::l.::l = = m :~ ,;::;:: m ~ z '::I i5'Cll5. '< ~ !g: I.Cll ~ '-oiil :;u '.'gJ 1-; 15. !cD' v.> ~ -~ - l!il " ;;?ICllR!.C/l, o 1< I)> ro i-i I 'Cll, ,Cll ts 03 i I~'a: o gJ I(IJ I(IJ , ~ C;; , lQ' :;u - 0 O.g. CD '5' , > <C OJ Z ::l o Cll j= !f , 3 e 0' 3: Q. z > -l o Z en -< en -l m 3: en, ~mm "OJ OJ ,11!1110 0 11 -:-':T :::r- , I' I ' (f) .0 mm "." ~ ~ " ;+;+,:T::T;+ v.>~ O>tn 10 (11 (0 O'O-1l.NO ffi : ffi ffi ffi ffi ~..... , I '.,J:a. (11 0) I '~I?>I!=>'~!=> I g:glg 8 g 'ffi ffi ffi ffi ffi <00, N (11,-11. tnv.>./>.O./>. 00000 00000 00000 ,- ~ ' , I . -E;AI-Eflj-Efl!-E;A;-Efl '(11,-11.;-11. -11.100'0 .....v.>,O.tnio ""Coo .00 tn tn'o:o'o ffi'ffi'ffiffi'ffi N'W , :-l. ~ 1- , , 1_ i<D 'tn ,tn I~ I<D '~i~18,;:;8 oIN'oo,o Oltn,O'O,O' t t - ~ I ffilffilffilffi'ffi : : !.,J:a.,(11,-1I. , 1~ltn'''''''~ IWIN 01(11;0 1010'10'0,0 ,00010,0 !~I~lffi:~:~ ,....,l.'(...) ....,l. N ':.a..O.::......,l.N ./>. mtn tn 0> , 0,0000 00000 00000 ffi ffi ffi ffi ffi ,-.....J,-1I. iN !(11 !...... '0)1 '~i:-JIc::>,~:~1 g!818i8i8 : T i 1 ~ " :ffiiffi,ffilffiffi m ......0, ..... v.> 'N m,O>.tn tn.v.> 0~01!0;0,01 , 0'0'0'0,0 O:O~O!OIO : i- I-I I: 'ffi'ffiffi'ffi'ffi , : ' I~,~I~' I 1010'0 i!'J !!'J I!=> !!=> I!=> ,O'O,OiO 0 '01010,00 , I __I . , Iffi !ffi iffi Iffi iffi , , ,v.> '~I~:~!~;~ 0:0100 0 00000 00000 ffi ffi ffi ffi ffi i~lo:~ ~ <D'O'O,O' 0, io lo!o 10' 0,01010,0 I 1 I, Iffiiffiffilffilffi , , , , INi .::.. <D'Ntn~o, tn,<DOOm Otn.O 0 0 oio:o:o'O 0,010'0 0 "tl m :;u 3: > z m z -l -l ~ " " o en .~ 'm :;! ,> ,Z o G') S o > .Z o m o m ,< ,0 m en W'WWW: m tn ./>.,v.> 0000 (),().>:, < o 'C 'C/l:Cll hi .~ 10- rg.,~ > ~;~;~i_wAJ Cllo. . Zi ::;: 'Q~;5 G') ~ 'a:~ 5" tA ~~' g.~ () 0'" o Cll > ::l ::l 0 o C/l' m CD Cll en ro- :r: () ~ C > 0- () C/l ~ R C CD (f) 2 .a :",,-<c;i ;+;+'~:J (f) .J] .a . :"",~ic;i ;+;+. :J O:.....a., -11. ;O>,......~-1I.IW ~1?>i~I~1 '0'010'0, ffiiffii~iffi! I N'wi...... ,:'l:~:9i~ 0'0,0:0 0'0!0:0; ffi'ffilffi'ffi ,~ ......_./>. ,.0 ./>../>.,./>.'~ tnOltnl~ ~1~i~l~ oOiolo ffi ffi ffil ffi ..... ~~~i::j 0000 00,00 ffi ffi' ffi ffi ~ ....../>. 0 en".l>.tnw mO~<D O>Otntn 0000 0000 ffi ffi ffi ffi ~ ~v.>o ~ov.>o 0000 0,000 ffi ,ffi ffi ffi , ~ ./>.v.> 'v.> I iN:o, '.,J:a.;o, ,~I~i~i8 8:81818 ~- i ffi ffi ffi 'ffi ~ v.> v.> 0 tnov.>./>. 0,000, 0000 ffi ffi ffi ffi ~ tn,tn ./>. ~!~i~:~; ~:6i6i~i oOloio~.. ffiffilffi!ffil ~v.>~ .,f:lo.01O')OI 0000 0000 ffi ffi ffi ffi 1 ~ ./>.~ m "'0'>01~ m./>../>.o 0000 01000 o:o~o!o: ~ _m j_ ; . -Efl:-EIlI-EA!-En , 1-l.1 0> ~'C3Ig;1 0,'0:616 00010 I ffi ffi ffi ffi '~ <D ~ ..... 0./>.00, tn ./>.,tn tn ~ooo 0000 0000 v.> ~ o > Ol <C > 'Q en 'Cll m <g!en ro- CD. ,OJ 'C/l Cll v.> v.> ~o 00 ::0-0 Cll Cll - a. ~. Cll ::l C/l :5' s: <COJ ::;:::l OJ::O ~=!~ ~ OJ C/l o ::l -< -; '0 ::l , C 3 (f)'O ,o(f) TIc ,-3 -;' '0 '::l (f) .a ;!!;!! v.> 'v.> o ;0;. , -En! ~ o v.> ~o 00 (flffi IN ,!'V o '0 ~ .....tn tnO 00 00 i (I): ffi ffi ..... 'N m o o o ....../>. en 0, tn 0 00 00 00 ffi ' ffi ~ 0> ' 0, ..... , C 3 ./>." ~(f) . C CXl3 ffi ffi ffi m 'N ~ ..... :..... I o ./>.tn wo, mo v.> 0 0,0 mo ffi r ,i C 3 co :~I '3 1- ,f Iffi , C 3 tn" ~ig> 0.3 ffi . ffi ieo I I'N' :~I ;aI o. tnv.> 0,'0 00 tn,o 00 00 ffi , C 3 '0 (f) C 3 , C 3 <Dro tn(f) . C 83 :ffi ffi ffi I<D '''.l>. io ,~ '8 <D v.> en"'....! <D'tn 0'0 00 00 ffi " 'C 3 10 Cfl C 3 , C 3 ~" oCfl . C g3 ffi ' ffi ffi CD <0 o o o o ~~ 00, ./>.0 0'0 00 00 ,ffi ffi ./>. o o o , C 3 ~ro 8(f) . C 83 ffi ffi ffi ~ , v.> 'N o o , 0 0, ~ o tn 'N-...... gg) 00 00 N I'\,) N N N I'\,)!N'NIN N....,l.....,l. (00) ...... 0> (11 .,J:a.;W'N:....,l. 0 (0 ,eo o 0 00 0 00 0 '0 0 0 0 ;:a -;::n 0 i> () ()()6'~:"", oi;o> 0 m CD = 00. 0 0 0 0 O>.~ -,- ~ ~ ::1:f::1~':J:J:J::1; - '- ::1 !:J _ 0~::lC/l 0 q 0 o::l'::l 0,0 -z::r CD,~m CD m m'O g.:Ti::T z ~O::l_ _ _ _,::1" 0'0 > Z ::0 0' ""<0 ,Cll Cll Cll Cll(f)'(f)c 'c G) m ~ g OJ sa:J 5",:J1oioln n :~ < ~ g. -; ~ 0 .iP:iP:iP:33 '15"15'> :;; OJ::l ~ ~ 3 '!' ,_'" .C/l(f),(f) ::;- ::;-z , ~. ~~. (f).~'-;-;'Cll.Cll g go , <C (f) ~ .~ ,0 ~ ~ ,~ ~ -0 -0 I ien ~ S. C5 :~ICD CD ',~ ~ .t:;-~.i:~ C<c ~'ffi"O~-o-oCll Cll ,< U (J) :;:!o.' ~~'-o' - ~ ,m ~ 2" ~' N,~CD _CD ~,~ :~i C/l ~ 5' > tn tn,-.,- ~ CD ;!!;!!~I~ C/l C/l 001010 ~ ~ i~st I_st :;t1:;t1:E1:E ,~I~ ()I() Ol!Ol (J)i(J) I(J) i(J) :m:OJj 'CD ,CD ,Q) IQ) I~I~: !~I~ (f) .a m m m m m m'm -<a. ~ ~ ~ ~ ~ ~'~'''""" :T::T:::r:T::r :T':::r';+';to,;+;to (f) .0 m m.m m m m m -< OJ OJ 'OJ OJ OJ OJ.OJ a. 0.000 o.g..o,.",,,,,.,, . :T ::r':T::T:T. :T;_;+ ;+;~;+ :-11., ~ !~i~~~,~, a I'\,) -l. W ....,l. N -l. -l.!Oio:o!o" ,-, ..., t I r - ~! (A ffi' -Ell :-En '-Ell -Ell (I)' -Ell !-En !(A i-En ~-EIl ' : WN,-1I. -11.1 I ; ~v.>NO 0, '00,' , ' ~ g:,8g: 8 88,8!~I~I~~ 8888888818181881 ~ i j ffi(flffiffiffiffiffiffiffi!ffi'ffi'ffi W 01 -l. ....,l. 0> Iw!.::.. ~ ~ w:......:o'ooo,:m:~!~!m 8 gg:~ig'g g g:g!~i~!~ 06 o,oio 0 6 6'0~6io:0 00,0;0:000010:01010 , . , t -r ffiffiffi.ffi'ffiffiffiffiffiffiiffiffi -l.i-1l. i ~ ,_ - I N ~ ~,~i~:~i~'~ ~ .,J:a.:0> '.,J:a. 1 ~ ~ ~i9!~i~:9'~ 9~j~!?> 88 8'818!8'8 8 ~8i8i~ -EIl~(A:-EIl;-En'~'(I)-EIl-Ell~!~:-En -l. -1I.,I\.)'....,l. 0), VJIW mw ~./>.'No, <Dootn''Nlen ~ g ~,~i~:~!g'~~~:~i~ o 0 0'0'00 0 0 ~oo'~ 000:0:0,0,0000:0:01 I '. ., ffiffiffiffiffi'ffiffiffiffiffi'ffiffi ~W ;_-11. i~-l. '~....,l. v.> g: ~ v.>,8818g),tn .....<D......, v.> 0 0 0,0010,0,0 OOtn" 8 8 8 8'8!8'8,8'8 8 8.8' ~-EIl~-EIl'~,-EAi~;-EIlI~~(I)'~ -11. VJI'\,)I-1l.-1I.!O>.,J:a.(11 ~O:N O'O;O'u,lo,~~~ ~ 8.g)~ 88!8'818i~'8~ 00'00000,01010100 000000 oOiO'O'O 0 ffiffiffiffiffiffi'ffi'ffi[ffiiffi'ffi'ffi ~ ~ ~ co 01 -l.:'N ~ N ':....J, :: ~ ~ ~:~!~;~'~ ~'~:~!~i~: ooo,ooooooo.oio 0000'000000,0:0 t ffiffi(flffiffiffiffiffiffiffiffilffi 'N;Wi...l.:-l.,O) ....,l. .::..1(11 ~~ ~ ~,~i~!~:~i~~:~I~ 00'001 O'O!O!Oio oOiO 000000[0" 1,00.00:,0 o 0 0 0 0 0 0 '0 '0 0 00 ffiffiffi'~ffiffi'~[ffilffiiffilffi 'v.> v.> ~I~INI N 01'0 N,o,u,!u,iu,1 '....,l. N 0,0:0 oO'.O!Oltn.o..01~i o O,O~O 0 0'010 0;0,0 0 000000,000.000 000,00 0'0'010:0!0 0 , ffi ffi ffi ffi ffi ffi ffi ffi i ffi ! ffi i ffi i ~ .. _m_-1I.~w ~W,~~_N_N:~O)'~-l.i_N:_W, ~ g g:~!~:8 ~ ~ 8'~i~i~' 000000'0000,0'0 00000'0'00000,0 0000010:001000'0 i . ffiffiffiffiffiffi'ffi'ffiiffiffiffiffi N-l.:.....a. ......1 01 -.....J N........ ........:0,'0,1 i ~ 8ig) 8,g:g)8'81g);~,~ g) 0, 0000 oo'oiOIO'O'o 0000,00,0:0,0,010,0 (flffi(flffiffiffiffiffiiffilffiiffi!ffi , I I'\,) ....,l. ,N,W ...... ....,l. (J) :WIW tn 0 ..... m ,-.....0, 0, 0, 'Otn!"'....! iOo m 0 tn Otn'OO 0 om,tn,~ 01 0 OOiO:O 0 O'O:OIOjO oooO'o'ooooO'OiO 000000'00001010 ....,l. !....,l.I-.\, '....,l. '....,l.;-.\,!....,l. ....,l.!<o ! C3 ~ g: ~ g;t::l;:; 810'1 CIl~:Q;o;:ti'::o'::ti::o ;oi!:;u C ,~ICll'Cll.Cll C1l Cll Cll CllI,o <Q5',iil~~ ~~ ~ ~ I'> ,OJ ,g.I~< ,< << < < 10 I~!(J)I~!~I~ ~I~~!~'~ ',"'!C 1~'lo 10 010 001,0 \.IJ 0" I ""'f\,""'f\ ""'f\1""'f\ ""'f\ .......:IAJ !Cll ~ Ibl5'l:E 0 ~ Q sa I" ,Sl,'OJ';;i CD'OJCrg C'2' Cll ,0.,_- ';;:O-ICll OJ n'l ~'Cllo',C/lC/l 'C/l ,C/l a.... i~:~::J Q) , ~:~: ~ 5. =::cn:1 =. og: I [;j ::I. ,A.' - < ,! ~g' ~ i~:! Q) ! en : I ~ i2'i! ,g,I' 10 i1il1 I ' I I I! : I(f)!(f) i() '(f) F F I~ im F 1~I~i~i~ i~ , . ~. I' , ::1" I . I' I ~i~ 33 1010 (f)'(f) CIC 3'3 , , i! I, i~ (f)1(f):() ,(f)" '0 .a~C,mF' m, '-<'-<'-<'OJ '-<' , OJg> ,~lo.lo.'g.io.!~I;!! g.'3 " I ~ I :(11I.....a.iw ' :......: v.> !010 '1 v.> I':..:> I~ 1(11 0,0: I......,I~ 0 ,)> 'o:olo!~lol.oIO ~= :ffi i~iffi 'ffi ffi i.~ Iffi ffil, , ' I . I I IC I I I I I ~ I ! i....,l.:....,l.,~i i 'I-l. ~:(J) : '~I~'~IC::>I!'>>":":> ~ c::>.C II ,01010,0 oloio 0 3 '0,0:0100:0,00' i : j i I I j t -- - j~- 'ffi'ffilffi 'ffi !.ffil<EA ,ffi ffi 'ffil' ': 'II i , i :: ,I: !~I~Iv.>i I . : '~I' enio"en'm!~I~!~tnlo, '~'818,8i~I~Ig) 8i81 610;010iol;610 ala!; jO!oJo:o_lol'ol.~ 0:0_;1 'I'ffil.ffi iffiffi!ffil<EA Iffi'. I , , r:rl I ~ I~ I ....,l.....,l.~....,l. :N"Crcll -11. ....,l.,(...) O'"I:lt..'~ 01 00'10011 o <.n,:"" 0'0:<0)'0 C c;i o Otn Otn'''' 0 3 ,3,' .~ 'ffi'ffiffi tffi-<~'ffi ffi Iffil ~./>. ., I./>.i Ol!:.a.,.~,~!.tn,'.~ N Nml (...)'01~N,O'~,~:01~ 0)1 ~~~~::~'~g~1 00 o.Otn,'''',o oloL ffi ffi ffi' ffi ffi'EA ffi I I ' ~I~I v.> 3~', v.>~ov.> 10, ~.O.O 0 0 ,0) <D (f) (f)i 000 0 0'0,0 C c. ,00000 '0'0 33 I ~- -- ,t- ffi ffi ffi ffi ffi<EA ffi ffi Iffi: :VJ'O) ....,l....... ~:'O:o:o> -:-1~6 N!tTI 'v.>'0100 ~IO>,<D 0'0 1~1C::>1C::>'c::>'c::>,olc::> c::>c::> iOIOIO'O!O'OIO 0 0 ,O!OOI'.O:O'OIO 0 0 I ['I I -- . :-EA ,-En I~:-En I~ 'EA I-En i ;! '~; ~ E ,I I' 33 v.>!v.>I~i~1 I./>. 10 '0, '~'~~'tn.v.>I"""ltn (f),(f)' . i81~1~'.81.~ g;i8 ~,~ I, I :ffil~ ilffi I~jffi 'EA Iffi ffi'ffi: . . . . : I! . I' -11. ,VJ:<O ! I-l.! !, 'O-~I"'....!<Di./>.I"O!./>. tn i.....1 C3g:Ig:'g:li~ig:~II~I' OiOIO.,Oo, 0,10" 0,0, ,U..O 010:0 00,0010. i !iA!~!4A:-EA!{A i'eA i~ r: r- ; i I' " '" C~I: v.> . , ~ 3! i.....a.:~:o8 ~.ooooool '0 00 0 0 00 C !c I '010,00,0,0'0313 i~r(Alffilffi!ffi!!nlffiffi:~ I~iv.>' I ,~I ~Io tn oolml.....Ie..,I~ 010 ~:g'g,8!~:g;.8 gig 0.0'0000.0010 0:00000000 ! + .- -: 1-. !-En:~i-EA:-EIl'~,'eA:~ i 1 ~I~ , ; 33 : IO):W ~,....,l.i....,l.;~"C~ ,~ olm'otn'o'O (f)1(f) l~i818.8,81818 ~.~ u I I : ill, Iffilffiffi'ffilffi~!n!ffiffiffi : iO)!I~: : !-l.il.......... '0> '.'00, Itn Itn Ie.., 0, tn 0, ,oio O,Oltn tn,O 0 0 ,!'ViC::>IC::>:C::>'~ c::>1c::> c::> c::> ~!g!gI8:8IgI8 g g ~1C3~ g: ~ g;~ 0 -o1(f)i5'm',,'-;'-;'~ Q.ICllI.CD a Ol Cll Cll 0 C 9,'_ C/l <C 3 3 0' g.i314l o'~ ~ -g ~ ::l:~ISl,::lCiJ iil iil !!!. ()-'Cll () -< -< o' g ~g. ~ (f) -0 ::l _ :J ,0 ~ -, , ~ a ~ :3 Q. ~ 'g. '-. C/l'Cll iJ1lc ~ OJ'::l 0 ::J : en ::1 i '6 g: !-g 0. I~ 9 Io.! (b . . ~ o' ::l 8- -; iil ::!; o j , i, " C ie c r:: 3 :3.3 3 10 '0 (f) '0 10 (f) ml(f):r:~ (f) (f) C OJIC'O' C C 3:!1,g.:3 .~;!! 3 3 r Ir rr C 'C C C 3 '3 3 3 10 , jO' (f)ro'O g> i~g>1f.a g>g> 3:!1g.3~;!!33 ~ ,<0 1 N N >!'V>tn;f>>~ ,=,O,tnj=,oo = = ~:~I -EIl-En , I, " C 'C C C 3 ~!33 3 10 'tn"" ./>.~'O '0 g> ~C::>1g>10~ g> g> 38'813883 3 I ffi ffi' ffi ,ffi 'ffi ffi ffi ffi : '....ll. ....,l. ~-l. : I~....,l. i--'\' '~o ,~01 ~01 ~O) olv.>'~'~'o m 0 ~ '.0 mltn!o 0 0 0 0 0,0>,0,00000 '0'0,000000 0.0'0100 00 0 ffiffi ffiffi r Ir ,c3 I c3 ~ ~ . , 3 3 jO Itn'O./>. '010 !(f)'I~Ic::>(f) tn m (f) (f) IC3 010,c3 0..... C C '010 003 3 1-- ! - j - ~ . I ffi i ffil ffi ffi ffi ffi ffi ffi I i :--""~....,l.~..j..~wy.J ~I~I~'~ ~ tn 0 0 ,0 .....'tnltn tn 0 0 0 'O",lmIOIOO 0 0 0 : '0 oloio 0 0, 0 0 10010100000 I f Iffi Iffi ffi ffi ,~ .~ " 13! 3 ~ ~ ,jOl ,tnro./>. 1010 , Ig>i:-";c::>g> c::> !'>> (f) (f) i310,0'3 00 C C , ,0:0 003 3 ;ffilffi"ffi'ffi'ffiffiffiffi ~ ~ 0-1l.1'\,).,J:a. NI IN,NOWOO i8i~g) ~ 8 tl8 8 0001000,00 000,000'00 ffiffi ffiffi E E EE 3 3 '3 3 '0 :~ro :./>.,~ro" g>~,~:g>~'~g> g> 3001300'3 3 ffi . ffi ffi ffi ffi ffi ffi ffi ~ ~ I '....,l.,.,J:a. -l. CJl ~:~i~I~!~:~:~ ~ ~'c::>I~Ic::>tnc::> ~ 0 oi.ololo,oo,o 0 0'00100:0100 '1 i ! . .. I~I~' ~~ ~, I I~ r, 3 I i~~ .~ ~. '0 '~101 ,m~"" g>iC::>lC::> g>,C::>C::> (f)(f) 3 !8,838 8 ~ ~ I . . _ _ -~ 1 ffiffiffiiffi'ffi'ffi,ffiffi ~ _.,J:a. !~.... !5.JJ i_Ol ~N :_0 _01 8~'8188 ~8 8 ,.c::>[c::>i.C::>IC::>OC::>OC::> g glg8g g 8 g I --1! ;rl-EA'-EA r(l)~ IC C ,r r 13 3~ ~ '0.;:;'0 ./>. ~'o 10 !g>'~c::> g> ~C::>(f) (f) ,38 8 3 g: 8 ~ ~ 'ffi : ffi ffi ffi ffi ffi ffi ffi ~ ~ -l. O,,,J::r..;.,J:a. -.....J '''-> .J:a. <.n io, i-O) ~ ,0, 0, 0010:0,.....0>,00 .~~,~I~~'~~ ~ 000,00000 z- O.Cll . 3 -l ,m 3: "tl o ~ :;u -< " m > -l e :;u m en > Z' o > "tl "tl e :;u -l m z > z o m en -0' :::J,i !il ~'~ ';::+:00 -o,::l. @,ig -;i~ O'CD -I: :J. ~IS ,::l ~i~ ;::;:~ -0,_ ::I.:::l !il0 -l' 0'-; -l'~ >3' '0 ~ cg :2. CD I - ~, -0-0 ;:3. ,0) !il S' <C ~ o '6 ~ l-i :;~ ,~ OJ II <' . .g' :~I~ ';::;:0 -0,0 ':J, I:J !il fa. -;);: o ()' -l,o >,::l r:fe. c'~ :1., CD -,() ~o @ 5' o ::0' -; al. o() ~o , - ::l o Q' 'D3 : a., S., <C m OJ o !eo iil 5 ~ ,~ S' _Cll (f) "lJ ~ ~()Cll 5'!;::+ i ,co ~ ,;0 ~Qo'-' l(f)i>'Q :cC'i~i~ 2.:or'~, ::1 ::J ::1 ~,o.~ :r g1 -0' .,- o ('; o 3 Q 1') o c ~ Q. () o 3 3 c ~ [ 0' ~ '" 15 CD l: ~ '" ~ ~ "- CD 6 ~ o CD m ~ s: ~ 5' () ~ 5' <0 ~ g: '" x '" o m,(") C cnga :jg::+ S::co loCO -I::J m Q. -Im~ ~@~ >0'1::>. r.~@ ~YI IV -I ~_CX> !2. :.a. ~ Q) :::8:;; 00::>' oo@: ~ .... .... lX) :... CII 'en :... en ~ , -a. ! r IV -1-1 t: i~~ o !)>::J b itif" o ~ .... CII ".. iD ".. ..... o o ~: lX), en N w CII o o '~ lD .... ,~ I~ o o CD 3 OJ is: C ~ Q tll 'c- :5' f' m ~ m tll o '~ '~ :5" '~ I~ S' 'co 'S'2 '""0; I CD ~ i()!~ S'~::o CO'o ::0 S?oi.......o ~il;'o co ::r (J) 2. n> S" ~ ~'C.c C ~ C,O '~Co! "'Oi;:!: -, 1- -"0 @~::J -It:) O,OJ --I! :J. r)>iS :~ Cr ::J -I ~s: "'0_ ::J. ::J @ ~ s: C10 ::Ii!(/) -'ICD .-+ i-' "'0'"'0 ::J..Q) @ ~. co is: ,0 O-l'~ I~ ~;;? r< S' co ~'S:' ~(") -00 ::J.::J @ ~ -I>: 0(") -10 )>::J r~ ::0 Co ~'~ ~O @~ ::0 -10 Oi~ ~io rl:;- ~ 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. H:\ShipletD\Council\Council Communication\2008\May 5 and 6\050608 East Main Crossing.atch4.doc Page 1 of 6 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 H:\ShipletD\Council\Council Communication\2008\May 5 and 6\050608 East Main Crossing.atch4.doc Page 2 of 6 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. H:\ShipletD\Council\Council Communication\2008\May 5 and 6\050608 East Main Crossing.atch4.doc Pagl3 3 of 6 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 H:\ShipletD\CounciI\Council Communication\2008\May 5 and 6\050608 East Main Crossing.atch4.doc Page 4 of 6 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 H:\ShipletD\Council\Council Communication\2008\May 5 and 6\050608 East Main Crossing.atch4.doc Page 5 of 6 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) H:\ShipletD\Council\Council Communication\2008\May 5 and 6\050608 East Main Crossing.atch4.doc 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 r~' .... z <C ...J ~ .... z w ~ ~ w ~ .... ~ w ~ 3: w .... en <C 3: ~co 00 LL~ en ~ ...J"'lit <C~ U~ -a. ~<C w ~ J:~ U~ ~ '" ~~ o~ '7J: co.... o ~ o~ N~ =It:0 :Eo alN O~ -.c s:: Q) .52 ~ -"C S'" .- "'C >.- .Em .... co .2: s::: ~ co :.c E ~ (5 u (1) "'0 co Co) II) co U w > I- <( ro :zen 0:: ro w~ I-en -l Q) <( 5 w"' I- a I- I ...J <( U :!: w :I: U ro <..9 o o C'0 0_ o ~ Q) ~ ~o f;f7 ..q- I- f;f7 .0 -l o o o C'0 '- ~ ~ 1:5 ro - ~ c::: ro ::::2: c::: o ro en '- Q) 0... Q) U "C 0... '!"'" =1:1:: Q) .... 'C ns 0 ~~-5 ._ 0 (I) "'0 0.. .co>- <..>cnI :'Q en o :z en c::: ..Q ro <..9 o 1.0 C'0 I '- Q) "E o '- Q) 0... en o o Q) .0 -- ro"Ui o "'0 0 o c::: 0... 1.0 .2 Q) N Q) 0 ...- 0:: Q) f;f7 0-- 00 NI- f;f7 '- Q) "'0 '- o '- Q) 0... Q) en '- ro .r:. u ~ Q) .;:=: Q) o :'Q en o :z ro en ro :r: '- Q) '- ~ 1:5 ro - ~ c::: ro ::::2: o 1.0 N f;f7 o o 1.0 I'- N f;f7 o o 1.0 C'0 f;f7 I 1.0 1.0 .r:. u ro Q) ~ '- Q) "E o '- Q) 0... Q) e> ro .r:. u >- '- Q) .;:=: Q) o c::: o ro en '- Q) 0... Q) U "C 0... Q5 en "EE o ~ '- '- Q)"'O o...c::: -- 0 en - 0- oro C\I =1:1:: Q) .... "C ns 0 (J eE-5 ",,~ 0 .... "'0 0.. .co>- <..>cnI w > I- <( :z 0:: w I- -l <( W I- a I- '- Q) '- ~ 1:5 ro - ~ c::: ro ::::2: ...- N o f;f7 "'0 c::: ~ o 0... '- Q) 0... Q) U "C 0... ro <..9 1.0 I'- N Q) o I- .0 -l o o C'0 C'0 ro <..9 1.0 I'- N o o C'0 en co f;f7 :'Q en o :z c::: o ro en '- Q) 0... en "'0 c::: ~ o 0... - o '- Q) .0 E ~ :z M =1:1:: ns Q) "'0 .~ E"x e :::l 0 (1):0-0 .co>- <..>cnI en c::: o ro <..9 o I'- N I '- Q) "E o '- Q) 0... en o o Q) .0 __ ro"Ui o "'0 0 o c::: 0... ~ Q) ~ Q:>O ...- 0:: Q) f;f7 0-- o 0 NI- f;f7 '- Q) "'0 '- o '- Q) 0... Q) e> ro .r:. u >- '- Q) > Q) o C'0 - o Q) en ro 0... .0 ro I- :'Q en ...- o ...- I co o o N =l=t.: en I- ~ z <( ...J a.. ~ z w :!: ~ w 0:: ~ 0:: w ~ <( ~ w ~ en <( ~ o::co 00 LL~ en ~ ...J"'l:t <(~ (.) .i: -a. :!:<( w ~ J:>. (.)~ ~ tn T""~ O~ ~J: CO~ o ~ O:!: No.. :;to "Co mN 0>' -.c l:: Q) .2 ~ 1O"C ::: tn >:2 .Em .... co .~ s::: ::J co :.0 E ~ (5 u Q) "'0 co o t/) co U w > I- <( z>. n::co w> ~ 0 <(C/) W I- a I- I ...J <:( u ~ W ::I: U '-- Q) '-- ::J 1:5 co "- ::J C co ~ o "<j" o E:f} "0 C ::J o a.. '-- Q) a.. Q) <...> "C 0.... co c..9 l() l"- N Q) o I- ..0 ---l o o o C'0 "l:t ~ ~ OE:m E::J~ Q) :0 ::J J: O"~ UU)((l :2 ro o z c o co 0> '-- Q) a.. en "0 C ::J o a.. "- o '-- Q) ..0 E ::J Z co c..9 l() l"- N o o l() N ...- E:f} Q) ..0 ...... co "en "00 C ::J Q) 'IDo n:: Q) 0...... 00 NI- E:f} o o o o N ...- E:f} '-- co > c :::::> c Q) co > ::J rr W Q 3 co N C ::J ..0 C ::J --., l() "<j" co o E:f} co o ...- E:f} en 0> co ro "<j" "<j" en 0> co ro o "<j" o o O":l l() co ...- E:f} o q o <.0 N E:f} u C/) LL o q l() <.0 E:f} :2 ro o z o o l() N ...- E:f} en c o co c..9 o l"- N I '-- Q) "0 '-- o '-- Q) a.. en o u '-- Q) "E o '-- Q) a.. Q) E> co ..c: <...> 2:- Q) "~ Q) o '-- Q) '-- ::J 1:5 co "- ::J C co ~ "0 C ::J o a.. '-- Q) a.. Q) <...> "C 0.... Lt') ~ - "0 ~"- o u .- <( E u Q)"C J::!::: uu (j) co a.. '-- Q) a.. en 0> co ..0 "- o '-- Q) ..0 E ::J Z (j) co 0.... ~ ...- ~ I '-- Q) "E o '-- Q) a.. en o u Q) E> co ..c: U 2:- Q) "~ Q) o :2 ro o z '-- Q) '-- ::J 1:5 co "- ::J C co ~ "0 C ::J o a.. c o co 0> '-- Q) a.. en "0 c ::J o a.. "- o '-- Q) ..0 E ::J Z '-- Q) a.. Q) <...> "C 0.... CD ~ ~ E o ::J .- C Q.) ~ "E :ffi J: ::J ::J U<(U) en c o co 0> o o 0_ "<j" I '-- Q) "0 '-- o '-- Q) a.. en o u Q) 0> '-- co ..c: U 2:- Q) "~ Q) o C'0 "- o N Q) 0> co 0.... ..0 co I- :2 ro ...- o ...- I co o o N =1:t: ro I- .... z <C ...J [l. .... z w ~ ~ w 0:: .... 0:: w ~ ~ w .... en <C ~ o::co 00 LL~ en - ...J"lit <C~ U .i: -Q. ~<C w _ J:~ Uca "'0 - t/) "I("""s... O::s ~.c: co.... o _ O~ N[l. ~O "'CO mN O~ -.c c: Q) .2 ::s -"'0 St/) .- "'0 > .- .Em .... C'I:l .~ s:: ::J C'I:l :c E ;j (5 u Q) "'C C'I:l (.) In C'I:l U I ...J <( U :::!ii: w :I: U C a.> ro .2:: :::l 0- w L- a <..9 0.... 0.... L- a.> L- :::l 1:5 ro -- :::l c: ro ~ I"- co C> C> C> C> I"- LD co N ..- ..- tFT tFT ..- tFT :2 CJ:l o Z U) ..c ...J C> C> -0 c: :::l o 0... L- a.> 0... a.> u .C 0.... I L- a.> -0 L- o L- a.> 0... en o U .... ;t: Q) +-' .C ctI 0 .~ E ..c E .~ g Q)()o.. -'=m>. UOI L- ~.Eo c: a.> a.> :c 1:: C) Eo L- - ro o..c:..c: u u u - a.> 0 >. C> ~ 0... L- C> ~ >'a.> . c: :r: .2:: ~ roEa.>"- u -otFT >._~ a.> (j)-o_ >00) =(/)c: a.> ..c: . en o:=:ro i< $: L- a.> "E o L- a.> 0... a.> 0) L- ro ..c: u ~ a.> .2:: a.> o ('f) -- o ('f) a.> 0) ro 0.... ..c ro ~ :2 CJ:l - ..- C> ..- I co C> C> N =t:l: CJ:l ~ 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 ~~, - - - - - <,,- 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 e NOT TO SCALE ~ YORk co ..<5'1' .; ~ ALMEDA DR 0Y .~ ~~ KENTco~ g ST C4. ! Q' . d:.QQQ~mGR . zii Wi U' R v)" MMEifSt $lJ$J\JIi LN .. H V) ~ o ::2, ... J ..'......... ..t....S~ . MANZt...~ 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 .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . .. .. .. 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. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2008\08-08 TAP Final Design Carollo Contract.doc Page 1 of 12 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. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2008\08-08 TAP Final Design Carollo Contract.doc Page 2 of 12 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. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2008\08-08 TAP Final Design Carollo Contract.doc Page 3 of 12 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. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2008\08-08 TAP Final Design Carollo Contract.doc Page 4 of 12 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. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2008\08-08 TAP Final Design Carollo Contract.doc Page 5 of 12 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) G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2008\08-08 TAP Final Design Carollo Contract.doc Page 6 of 12 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 G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2008\08-08 TAP Final Design Carollo Contract.doc Page 7 of 12 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) G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2008\08-08 TAP Final Design Carollo Contract.doc Page 8 of 12 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. G:\pub-wrks\eng\dept-admln\ENGINEER\PROJECT\2008\08-08 TAP Final Design Carollo Contract.doc 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. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2008\08-08 TAP Final Design Carollo Contract.doc 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. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2008\08-08 TAP Final Design Carollo Contract.doc 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 G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2008\08-08 TAP Final Design Carollo Contract.doc Page 12 of 12 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 ..I 1;; N ~ ~~ 'S'~, ~:~ ~i~ ~,~ ., ~~5 r-e-. ~i .... N - ~ 0 0 .,;;;:;:;;:;;;;:;; ~~ ~,~ t;;;i:;' ~ ~;:;; d ~~ ~,~ ~'~ .... u '~!~,~:a,~ ~ ~ \!;~ NN ~ ~ ~ ~ ::e!Qt ',......,. ~ ~ ~ ~~ N ~ ~I~ a;~ ~;;i. ..;' ;;;;i;'::;; :i ~ ...""., ;;; ~;~ ""'''''' = ~, ~ ~ ~ ;:; ~,~~ " .3 t: :': ", "; '" '" ...' '" o U- QI ;Z' ~ -<( ~i~!~ ; gi~:5~-- <:'~!6::: t: tJJ =:~ =. Cl.,,x'_ sai s::;,~ >(I,=.. >,~ ~ 1:~IG li2; .., ... ..' -<( -<( :E ... - -g: I~ ~ :~ ;; . .~' ~ ;i ~_ ~, ~- 1..; u' '" 0.' -c;"T': ~ VlY\~ x ~.S x~~;;g; ~- X:)O:;:!~~ c ~ u ~ ill ., .... ;..; ~ Ull! ~ ~ C:,C::.J ::l..' .- ~---- ;\ '" ~~ ;,';2 ~;;i '"T'''' ~,~ c ~ ~ i 0. ~- ~ i!:~i N _. ~ ~ "', ... ~ ., Z .-"Ii < . ;:1~ ~:~: H U zJ :;..,....---. ~- ....;- ", ~..,...,. ,< x x x x ?AZ:! ;;,~;:i ~ ~ dti 2~;,~ ~ S~. ;;~:~ ~ ~ ii ~'" YI~iZi ::: ;,! fj,~ Hi ;-2. ::: ;t:;;i :: tH (,:- ~ ~ ~ " ~ :. ~ ~ r. .., ~ ., :: # 0 ~ ~,~ B~~ ~:J.l "....If1 ;l;;i :i:= ;i~ ~ " ,'P-.'i7, ~~ ~,~:~ N N ~~ ~ ~ = i': >e ~ g-g ;,2 v:;'~1 .".~~ r 2 s~ .j :I 2:] ".,..2 g ~ ~,::. ~ .: ~'~_:~'~_' ~~ ~,~ x x 0' N C =, ~,~ ~, ....~ ~'~.:~;~. ~:~,d'~ l~ ~' ~ -~ ~'~ ~t. ~~ " , ~_H ~;~HI "3'1:;" ;:: - ---:-""" ~!::::-,- t-,x:7',_ _ __ ~~"""~''''-.:-:O...'=+ , ;;,~~'a -rs:::E -:t:~,~~; ::;~:.; __]1 ", ~~~~ ; 'ii _ ~l 1'- ~ ~~, ;~ ; - -< ~ tff!IJl ~'~I~ ;~j HUH H1Hl _ N,'~, "'l" or, ~ ~ <0 ~ Ii o Q. :0- ~ c m ~ =- ~,g!j ~ ~-= . >< ~ -' <t: Z u: > ~ 1m f,_~_g._3 'Ie - ",,.... ,C''::'7" .." < {= i ! ~8 c ~ U ~ - 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 ~~, .... z < ...J a.. .... z w :!: ~ w ~ .... ~ w ~ ~ ~oo 00 u..~ CJ) - ...J"l:t <~ U'i: -a. :!:< w _ ::I:~ U~ - U) N~ O;j '7~ 00.... o _ O:!: No.. =I:l:O ~O alN O~ -.0 c: Q) .2 ;j 10'0 :!::U) >'0 c: .- _al 0 U .... :g 0 0 en C\1 u """ 0 LL .~ co 0> N 0 0 0 >.. CX) s::: 0 ...- N """ 0 :::) z U (;A- <D N 1.0 (;A- (;A- <D (;A- C\1 "0 o ..s::: 0:: C\1 :..c E :] (5 u Q) "0 C\1 (.) II) C\1 U I "- ~ =' t:5 co '+- =' C co ::2:: C .9 "- 0> Cl... 0> U .;:: 0.... ....J <( u :E w ::I: U :g co o Z :g co o Z C .9 (f) C o co (9 o o 1.0 """ 1 c:- "'0 "- 0> Cl... (f) C o co 0) '+- o "- 0> ..0 E =' z "- 0> "E o "- 0> Cl... 00 o U C') .- '<t 0... ~ Cf)C ~ -(]) N- ns E-CO o ::J <( .::: .- co C (]) ::J E .- .- ... 0- Q)-gE-Ew J:..c::J::J"- uo::::<((/)o u 2 >- U :g co o Z <D N o o o C'0 <D (;A- o o o N 1.0 N (;A- o ~ o """ (;A- "- 0> "'0 "- o "- 0> Cl... 0> 0) "- co ..c: u >- "- 0> .2: 0> o (f) C (f) o "- co~ (9"- 00 o (j) 0>0 0) - , m~o "- => <Ii:1S ~ ~ ~ 6 -t5 --- -. """ co co - '+- E I co =' ._ >- =' C 00 "'S t:5 co W-.<( ::2:: ...- (;A- "'0 C =' o Cl... E =' "- "'0 ..0 ....J o o 1.0 "- 0> Cl... 00 o U o o 1.0 ..c: u co 0> S!: "- 0> Cl... 0> U -;:: 0.... "- 0> "'0 "- o (f) Q:; E Cl...2 000 0..0 U....J ... u~c 0-0 N't::J:.;:::::; ~(])u::J .....u... - ......0.- ns::J-(j) .~ Cf) LL .0 EuC'0::J Q)(])l'-(/) J:>,U{0 UUUZ "- 0> "'0 "- o "- 0> Cl... 0> 0) "- co ..c: u c:- O> _2: 0> o (f) ..0 ....J o 0> 0 0) 0 co N (f) ...- =>0>' "'OC(f) 2-SE~ CO I='O> E "- "'0 .- >- 0 0 00=,,,,," W-.N<D N '+- o 0> en co 0.... ..0 co I- :g co N o ...- , CX) o o N =t:t: co I- .... z <s: ...J e.. .... z w :!: ~ w 0:: I- 0:: w ~ ~ 0:: co 00 LL~ CJ) - ...J"l:t <s:N U .i:: -c. :!:<s: w _ :I:~ U~ - f/) Ns... O::s '7J: co.... o O:!: Ne.. =lt0 "Co mN O~ -.0 r::: Q) .2 ::s -"C Sf/) .- "C > .- .Em U> (j) ro U Cl.. co II '- ~ l"- e/) ro LL en .::: c 0 ~ ...- ("I") 0 Q) c 6 I.{) I.{) co 0 >- :::> N I.{) N Y7 co N Y7 co N 0 Y7 .~ "'C o ..c 0::: ctI :c E ;j o U Q) "'C ctI (.) In ctI U I ....J <( U :::!!: w ::I: U u Q) >. U u Q) >. U '- Q) '- :::l 1:5 ro '+- :::l C ro ~ l"- N ("I") Y7 m m ("I") Y7 "0 C :::l o Cl.. '- Q) Cl.. Q) U .C 0.... .0 ....J N I.{) I.{) '- o 0> ~ I.{) N '- Q) Cl.. en o ro U..c :g CO o :z ~ N o co ...- Y7 I.{) ""'1: ...- co o ...- Y7 ("I") m m ...- N Y7 co I.{) m ...- ("I") N I.{) I.{) ...c u ro Q) ~ '- Q) "E o ID en Cl..ro en co 0.0 U....J u c o 0 ~~s :g - c.. 0:::: +-'c :<=:: CU:J":::: +-' ,~ CfJ ....J CCl .2 Euo1:5:J Q) 0)0 uCfJ -'= >- '? 0 0 UUZLLZ o o o ~ Y7 >, ro > o e/) ~ ~ N o Y7 "0 CO o :z o I.{) U> 0> ro CO co m ...- - o o o ~ Y7 m ~ o N ...- m ("I") N Y7 o ~ I.{) ("I") Y7 '- Q) "E o '- Q) Cl.. Q) E' ro ...c u ~ Q) .::: Q) o en '- Q) Q) 0> "E ~ 0 :::> Q)- ~ "Ocl J!L~ en E I ro ._ >, CO en:::l~ W--.N '- Q) '- :::l 1:5 ro '+- :::l C ro ~ "0 C :::l o Cl.. '- Q) Cl.. Q) U .C 0.... ~ 0> ro .0 '- Q) Cl.. en "0 c :::l o Cl.. '+- o '- Q) .0 E :::l :z (j) ro Cl.. en 0> ro .0 co ...- N I '- Q) Cl.. en 0> ro .0 '+- o '- Q) .0 E :::l :z '- Q) "0 '- o '- Q) Cl...$ ...... Q) en - 0- uro +-' -.::t 0) c ;t.0) 0) -..c.... CCl cu en LL > .~ <( . O'l.S E CCl ~ .~ 0" Q)-oc:S:w -'=00)0.... UcnOLLO Q) 0> '- ro ...c U ~ Q) .::: Q) o en Q) >- en .00 >, ro c <( t:: o Cl.. Q) 0:::: ro .5:2 c ...c u Q) I- co o co N ro en Q) :::l '- g> 1:5~ en <( '- :::>Q)';;o "0 c 0>("1") Q):::lro...- ro-'CO E I 0 en .- >,0 en :::l co. ro W-.NCO N '+- o N Q) 0> ro 0.... .0 ro I- "0 CO N- o ...- ro o o N =l:I: CO I- 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 t:t i ~ ~ ~t~ . J~ t ~ ~ ~ ~ r 1 .1Lk Cf ~.~.~."/ , ..2-. './I- " (/')<. _. ' I ~ C('---;I't C2.,~ jC. ~ ~ ~ _0// v _ .. ~ ~ ~~'l.-J . 6 , SD{) S5~C/ SJ ~ .~.4) ~ ~bVV~ t/ ~_ .~~~ / /'" /;(j~ - ,,~. ~lj /:? ./ r ""'V ~:2/ , .J~~~ p, '. Ll /2 /7 t/ tf;/t~~ ~ C1..c"?' /J /).- r:- --r-~! _ /J C7 ~ ,-;:e,; V~( ~~ S" k-~ '7 d3u-,~ ~ ~~~ StJOC ~_ '~~.~~~~~, (~. ./ , G '2 ~(j ~ . ,"\ ? (j I", // YOU "l. 6:> J v' ~Vyu?, c>'0 ~I)J~ ~' /) j)" /~ '1 '~.A.-f ~. ?~~~J /} :/ ,,? /. ~~~~ ~~~ - ,.,- / ~ ; ~( ',~'.,{)--" ~,-:r/;~;' (-/ . ('/' ,~-( C;T~ ~.~~_r~ \,.~~~ "7 ';:. .. . . ~, . F' , ',' , f ,_ ~Ii j('~ -fir '€ L.. p,,-,:'1 , p, (j. ~X" 76;> /Z.- ?/~ ' /fsA I tl (/l cf2. 0 p q / h fe I-- r- (jj S ~ U Fe.. cL u T love.- }he !,Uobb!t>ES 5/ory-hv1"e - ("2 rrkcf ~~ f6v Ji.t/I1 SO( ICX!' ?~ --h 1fr'1 if- ton /;/I'lJ ;teA!!J Vi s;oeotd -/-;wu~. Id r ;/W. rf ,1/}1 t JOlJ/l /IS! 0 I 3 Jd/5) 0(12. 0+ O!/l Y 0 y1 !J ()Y1e-on~O/l~ pla:.;h/fWS :1Vi(j;;i:;;-e.~ J ~~~ ~ /7. / J //1 {"- ~YI ;1:;e/ ~ lbV~ ~<2- - ~ -J1~-C J;r ~-b,,~S +- +ncid \er::s ..... -L 1- I'S ~(cJ.\~ ~r Luofvt CJ~: \d +- ?~ -\- I ?t-L~S-e... ---- ~ tk cz..>~~ p rvjra r-S ']d ~ ! ~ <t;..,p pc:> r---+ ~v r tt b---"t~} I DO?~. . ~ 11- e... L~.J ~ Lt~~ Lf- J-s-O~ ~ \>>.~ ~ \ _ ~ """ .t.9.&o..,--~l1, ~ '^LL0 ClAA.&. \0'\) . < \~( ~~r~ <to::tc ~ ;.., ~ · ~ ~~ _ G)~~~ I~_ ~ 4-- bv~~AbMA~A ~'~~I" r-t~V' ~~ ~<L.n.~~'!1I1 fu~ Q) ;~~ ~ (fV-Y ~\l0- CB 1k ~ P \ ~~ ~ ~ - ~ ~ ~tm\-D~ ~~~ ~r&~ ~\1.\0 CB kLM~ \SILo ~ r ~""'^-~ 11v\~t{\~ ~ ~ ~ ~(l. .: ~~) ~ ~--"<) 'I ~~ ~~~:-~ J.~~~k> I . ~\ -'-*: ~~"-~ ~ ~ ~ ~ ~~ ~~ \~ ~~~ ~cru z}::.1\~J ~Ld~--tb ~~~"'~~,;- ~~~&r;(t~~. ~--... f~~- ) ~~" 0' '. ~<::....} -S '...1 _ ~. .J "::~ -,~-.. -~ '-" ._~ r, \ '-'" \. \..J ''"''-,~~~ l' -'. 1 (~~ '\ "'- ;::~ \~j) c--- ""-. ..,#" J ....., ~ ---. ~ ./ '---.J ) C" > -\ J -=:> ( ,". -C \ "') r\-- ;.:--. 'r'j, \,- ~3 -P r<\,.. _ \ \ '\.'. "J ' }1' -K I \ t... 11"- L?-P\ d r--...., ..... ',41 ~-'v- '\ i ..-' 1..,,) r ;. {"- G - ~ (---- .~.... \;;"- , \ --,.,-.... \, ( . ',,~ /.-) ./ ; " ,- \: T- ,.r- [ .-_:' .-.G, '- ! .... (~-.. ."",,- / \"- ~ ,,~ \) C.l t' . \,.) ~ ~ C- ~. ~S '.J j ('e' ....... I ....---. .:;:- "-.... ."--- . \ "......... \i \ \ 'l ~ "':'.'" X '....j ~. \ .P-....._.~~.:.:... ....,} }' #"--_1 ...._..,,) ,.....----... . ''''-'' ._..i '-,' '.::~,r -, <;- (. .'-~- --' .. .....-.-..... ...... ! / .r ---..- ..., ....( ..-~1..::~ '---.J <' 1;:'...--..- --- .- r r---' > '7 ,..J VJ~~~F~l~Wv~ ~\ ~ J,M. --t1u L' 1ar4 ~ [; I ~ 1k<- UL;.r~ at ~2-x; e\.~. We ~ \o~-\-o ~ -\~ \. ~ ~....J- ~'V\.-v-L. , \. .... "\..~. .,.,..----~-'. ~~~._',...~.JJ -~ (J',.U :.,1' \.r ,,\ -') .,~~. l -~...... I '. \...) r/' r:.' .""" .;- ..~... ..... .........J c> ( t~- /- -- f.. t,,~) ~,,- I .. I b ut:" ....,-, ",..1 J .~. -.- .J f..." o'''-v''-, b (\) (li,\r_( . I - j {\ c.j ,,-....../ -i. :: ;~...-.. 1 ..i/'::\...O"'._ .j hI "",'J o,t. I}j_.l.. ..;....j-.!L. I ~.::.;'... E. ~- .. ..-\ +-'1----l;. i"G h t ,,-..,J \1 b...:;c---\ . --;1 ../ \( ~l \ ~ ',f . _J) ... \. \ ; -r:::-V'~.,:,,'t. S iiJr 'd3 0\. \rO--r \ tl !::I\ 1,':7 ) C) ,-~1-" Ov-\.d lYp-t (..1 ll. \ ~ . o.'p F,-t [j "~. ..l..J_ h-..J..- ho ,....,.-; , . r 1-{:;, j._L. ItJ-ldcJt. ''\ d ~1;-.l'L.-!",,-,";; \ ...~. ; -~. - __ - :':;t'~.:. ,- \ 1 ''''I .". ~ \ Lc"-. ; "'., ,,-, -' ,.(.)- ,~) . 1\';1 \1)vJL\ S-I. cZ'L - J-;>> (;Jr U/J (A....A--'----' ~ . (} J 01...71 VJ~~1 t\_)/ .1?tCrf /- e;?; (/v"--" (a),) JJ (, J',-~s . ------ /;. //l( [<O,Nlf'J vJ t\ . plCL~. ~~ 6~lV/J ((~1~ c -f lXJt!- ~./-/ n/)/ J. (70-J .Y/ --c.~ /vI'P /Ja 1J~ fDJJp&l c( $. ~p --6~ ~ 6P~1 c cc~~ ~ /7/~ \ 'i -\ ~ ~ vlarrs-~ o..vd.- j Ou.-/ ~~ ~\:,ran.~ l-D'~Du.::t 'fO-'t\ ~~ ~ ~. ['"",- ~ -6 ~ Q<- ~ .:hI.. r/-. . kOj Lex- ~ ~ ~ ~ -loQ..Ut)) +0 . kflp~ (f)u..n. ~ L;.\pc~ ~J 6:Ltt'.f::. ~'V ~. ~~~j ~vC- lOVe;- ZJ0,' I \brC\ry -hYY\0 ~ !1~1 S-OVI C(vj~{)r:I-~- q.r- c--. J.,~~~'~ ..q+i~Cts-+ __,-:7'11 ...--.- . . -_._~_ ...ArJ: C-L- V\ vi ~-X--" " v~J c- '-?'~\e-fc0\( e~\~ _~'le-Sl V~j~b~s -."., --ftrc-- llbr-y 7- DLJ r c:;. &"\~ V:~"'S \ U "':.-<<-_. r L J J lu , . , . c k I L Ve:-';' V\ll~ \.AI 2JY:; ._~ ~..., - -rv~l YI \O~~~'~V1~c /,ZJL/.) ~ -:J~ r:-) -' r ,.;""",',:2':) Ol j~ -r-"'j'?\h/l. -~~.i'e- ~.P,~~ ~, WCl.. Y'v\I.\ st Y\:lVe..C I e:+SI)..-~ . \ ' I \ i 1,-,,( Ii J \ 0 < Q. U <":..Q. O,J}:O, I \.1''1 I I t.....} V" 'I ".J .~ >~ I ~ CJ f\'\Q. \\ 6,\,\) K) !(~. \\\ ;cL. S+ \-\ /\ .1 0, \}.J CU-'\. t t.".:J \:'~~~~f~ -t \..., j) ~.!\ r\K.l""' ;"' \ " ~ -.A .J'-J "',r"", , "~ \\ I \ CJ\\J.J.::\1\ \A..) I-f" 1,S'k t" 'IV'" ("\ .( '. .'-.~\ ~()'~'" ,\ ? CS" 1 ... \/', () tF ,.' ,~~. ~. ~. ~~"1 ~. ,,~ I \.i ~ .. il _. ..... lj".. ~ . ~ .. _ \ . ...J,...... .;._...J -'-..' oJ ';'_' .:;Q....'-'l., !.~, ~ \ L \.\ ". CJ I ~" '-' . DC \J,.'f\-.. · - D\J"'vT.r~- ) . : "\ ? i '\r ' . \. <- .r-i ""1_... \ l r' .' I;' r', '. "'. ~. C'-.;. \ - ():.. 'j'/ ".\ 0;, L-'\, \.. \- \_~'-j', ~ .......:." "J\, '.' ,. I \. ! ,,) f'\. ~ eN:) Q.. \)QA T C","vI- (),~ -(fA.. 1 'fVv'\ ( Q v, t iD \ \ ~ liVe {2- { ,'- L'-- ';:,..2._ J Q -t- ~ \\ O 'xJ (1 r r.....", r~,- ~ 3 . "\.. \ (--\'j'\ '-' ..., '':, ".::;, ,., 't.~..;:; "-,; 'i....,~'). '\' C?;\'i\1 'i !...J " n Cr... ,'''" .,1._ .'j .-:-:; . \.J D .' P "\ ". i \ j , -....' \.<>;~' \ '\ .\ ..... ~ \IV', \ 1 -',.,\ '\ I,:. v..-.....'1 -t \ .....,J . ..... j -r I." ."- n '-. \ I \ - 0.\ \ ...... \J'--...J Cl~ l.L \.)" -:. 0i.. '. \9 .,-\ \A'..J ~~_ \..'- ,f\ V,.Jt '\";" - ''->oJ . "_' \ ' \ ...L I \. I, \, ~. ['_, \ () (c\,.( I ..( <:) 10 \ l.~ C'.';:" ~:1.J,<! \ ( Cy ,~)~ I \\ .! 1 \.A.)Vl I' i- \( '<-) I '. \ L! I"~ l ,f\ \1\ r'\ ,"'\\"., I, -l o -' ~~'L- ~I.), . ;:_, '. '. '-- I ' , \.:..'-.J. ""_' \ 1" ' '- """ '. f'\ '.' dt' \,().1. &.. t.{L:;'<'.J.c1-Muu \.()tC\ -s) Q~ '2~ l ~ .~\ \"'''''\'' ..., II \ 1 \ . t ." . "" l' \ I 1 ' ~. --v \.)t_ (:.JjU..,..\ \-...lW,. 'A. ,:-.) \, t.i\f,_C:" '~\ .:.. </ . ~~'- To 1 \. 1\ 1..:::. '\ ~ ........ ," L ..L v.v'v.-.... q~,l (),. \r:::.. ~r \J.-~. l,.~, -ti'\.Q.. Y I O\,1{\ I , ~', . -',', r).~ .~ J"t.__~ 1....~ ," ).. . I ..1.... '; ..",.l . G ( \ ,).. , . '. ,., 1-, '. '.~, ".. \ y--. . j. '_.' - '\. \'" \.'~ ~ -~ '\ t ,> \:..~:;v' '~"i ....). \ v.. ."'. _ ':. '" . \'\ '('. : \ '" ..L \ 1- I \ ,."_: \ \.: 'V" j '.' \.0 ,^ (t. D "'" \1.. ....-c~ ,../'-~.<t,';;., \ .,....,/....., 1 ~" \- '-J . '<# - "'--' . _. 0;, 1 1 J' '\:l...,L -, r- ',1. ',,,,,,, ..,...1 n - ~ "A' U }.,T J- "'\-.(2" C:.\, ct- \:.,.i ",J'':~ .~....:.'.. \: "'\ . -". '. ....;'-.,)0.,; ,Ii \\(1)<:, ~o..-\- \ ~f\<SU.) \;.b~, 1 y\ h., +:.". , b . -" . \ \.~.-- (:) \ \ r ~,\.{ ..... \ r-. v.. \\.) '-,-:". "", \ .b' I ~ } :<. \ \. . . --. V ..J \~ u. ,,' . ..,' .' \ ~ \ .. . '; I-L. \"j 'J ., ~ I \. (,' l Q...nJI. i :=i;:,'.:'... ~r:':~\.) t. *O~:..- "'~"'._~_':':1 frtr'r,( , '\ ,'. )_c_. ..L.\\. r-,;..... ";_". ,.... ~---;----. n......,~ './0-" \,'..J \ ".~ \.. '.j'...c:' _ ~Gl-i',\ '_'~~~_" . I \, \/~ ~ ~ ~ - ';:'",.,' ,-. i ~ t~~ ~ --\ '., ~.. l r (\ r,..:,\ ;:7 "'j., c:- \~~\ ';., "'<'\\ \.JC7 'I: ~ I '>.... 1>" _ '. ',~ L \ 'J'\ ri. '". '-' -'.' ','. ...... '''''-' .......... - '.. iJ.1 \. - ..\ -\ . ~\ T ' \ .c" \ U. 'V'. ,. I' (. - -..G \/J J \ r. .L(i"i'{'\~ ::J 1 ~~..~~., \ J'~ J .. . ~ -. ... . .~ r. .. .. lA l .'-..,) . ~~ CV ;/;;w ,tb iLl ~IU ,~'~ ~ ;0rcLa ~~~ j:frV ~ taP. J; ;/tv !J . '--#I- ~ ~k.f ~ ~. /1 ~ NO 10 L E" I E S -I- P /{ G P E. R. -, Y Tft XES 'J~~-~' .owvJ.- ~ ~ ~~y. y. b-v(f(..J ~ ~ ~ h.~ ~) hvL ~ \ } ~~~~'f~ ~ rh,?-,~~ O>A- "'Q ~ ^~ \\~',~, , fJ~ ~- ~ ~~~~ (YV"'14 ~ hW\-~' r!'~~~ ..:....., ~"- ~~ i ~ ,I I 1A~. \ ' , ii' / " c' .....-....) p . (jt I - 'l.'''l.' Y(j . J tj (J J." ) , ~. f/:J c V ('7', ~rl/ iLl q.7, I . /-7 / {,- "7 ('1 If, '> ./l' '. L/ ' .. / ill Ii' . L}/7 lI/ J-? '-(/ t'f ) / / f1 vL; / )_J .J U U f o D (' II ..,..,1 , ear /-e 0 ~V C-, I~;?. ei-'i.) .. / .r /I. ;Vlt' 0 f';(I/~ l-/ ) T h. c:.. L......' )/'1~e n 'I \.. 1 c,.,Ie I t>,tt () l e ~'::t.~T /"0 n /- S Cj d e y€../ir:: \. r r ~e Can C.-onT,"'wc a-r Tl,.;'S' level ~-.J /T h 0 ~T C har-g ~ T\. J WI ONt~ T h t/r'j. j 0 4- Pe f~.~(D(jO (r~S<:"d V~1jlA e- 0'1. f'f'~/'~y:7f(,. T,]'-J.....) I. ~ ~V/ f tl v" /I' 0 P e ''t,e..l 0-' ~ J T), re.- I c- V r 2.. Ye...r.( crT t:.LT':"" t~: ThO'ij k'ivY' f/. , . I J vJ J~-;J-h/ -z/itT>?i,'h.~ .Ji;~1 ~ c~;.;:;; ..... . !;l;i'""" q.L.I. f _ ) .....~ f. ~ ! J. .,-._L " , ..-.(. l[. z.::! !.("L...-:~{~ , -,I ll:L t.-c. {'L''';~ ; l'T 1:( 'U:";,:~. l..~.i.)~~"J~' it;l':'! r ' ! ~,1' .L -;.'-(. I 1.1.....' ". l t.......!...- i..:T,!..l-Ll,.. t .......... ~.l,.. . "'-i.! ntr ,...-;:1 w. :J ....,.,f{....... . . ,:;/>....., C'-"', .~. ,'.' ~ i.( (>/ .~. ; r~' 'i/~, , _,'L(_ i.. ':- ,~ ..i. .... L . , t.."l.,;,./:.../ '.(~~~. ;,#,1 .' - [.:':'1..:,/;_, "".L Iv r:[!-\. (:-: !~-.I 1'/' J. " (-~.1 t. -_ ...!_IL..! {.'... 1('; C. (l" :::". ::.,._;J-....j7___J.:...:l.'.,:- T 0' ' - -"", IL'la...-r:- _. i i...: J" .I' ,''-~. t..} ,'.;. . ~i .' .I'U::'"";.;'. '~1... !."':1.. ~L;", t..,,' :07" "') (7 i .:>:( '--: oJ -'~'L'~J -/ 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) Wv ~'t4 (If d7 I ~(Jo ~~~ fl~ ~l ~ .-hP47~ d~~~ ~. ~ I ?~ ~ ~ ~'--/, 0tuL~ / /c- //1_ t/n our- ~ d~' 1/21 (CJ ~/ "TkL ( I ~ v..... 'r'.l I 5 , V ..e~/ ;'\.,/\ r ~ v i~1.'1"l f-- 'v".l' .! l\..t. It" ~. F-. ..... o \A. V' C t ~1-1. ~ fro \-0;' .{..) ( ...e S tP i.i I;"A fy tkc /-e s- :-- ;;~t A vt"'M.+-~. ~~ J, ( .J- f VO\1I~?l€ s r \) I-'h ,-,,-,o--'L L~ -("'4 f L..~~ ( 7 r . ~ vL "^-l i \1] R... C. C ~? S r i-~ Jc. t>\. d--.A (--C ). Y ( L V- I +-e.,l/Y e ~ cI o rw. r t.-->:".r t,;J U V (....JJ.r~ 1=--0 v f'kcs SA- lr' : ,0'11 itkt..+-- ;'\-.~ k.r'!.-...~.t- I ~ ( c e S' S' --rrv.. (,\\t' tI~ V")' ClF....o"0 S ~r tt c ce ~ r '1-0 s c. (/"'"'-<<""1 vc;....l ~ ?l,.. t k v..€J ('O\r\ r '-1. t . 1~ ..., Lr--, 0 v- e.. tke... lor ~ ... -t.. ~ J (' ;; Cf r e.'7--"'.... '+-G~ q, ( C-e... ~ $ iAt"LO I... lC {f e c~ vt. j J v..e ~ 'f--4 L-e 5 ) ( , ; ~,~' v h lh 'I -"{ ~.P d. 2() .- '\ S h tv"'q,{ t ~ ~ 0 ~ '1 ~ ~ ~~ ~ ~t r ) ~ .~~ ~~~~~~~tl~~'~~' ~ ~\ . ~ ~ ~'J ~. ~'--' ~ II ~ ,,\' J CJ\ ~ J ~ ~ ~I ~ ~~ ~. " '. 1 f \ ~ ,. . - ~ ~ . . \ ~ ~ ~~, \ \)'fu., ~.~~~ l ~ ~ \\J, '1 ~, ~ '~. ~.' ~N., \" ~ . \? ~ ~ ~ , ~~. ~ , G w- ~ .- ~ .~. t~. ~ ~ ~ ~ ~ ;: ~ ~ \ ~ ~I'0. r,"- ~ iA ,,~- .J ~ ' \ . (' ~ ~ ~~ ~~ \~ .' \'... ~ I - ~. \ ~ ~~, ~ ~,\)T ~,~ ~ 1 ~ ~ ~ t.~, ~ ~ ~ ~ ~ ~~ 1 ~ ~ ~ ~'''' } ~ ~ ~~ ~ ~ L ~ ~ ~ ~ "t. ~ ~~ 1 ~ ~ l ~ ~ ~ ~, ~ . ~ ~ f. f~ ~ ~. \,., . r ; l,~ ~ ~ ~ ~ \' \ v ~~ ~ ~ \:\~~ 5' ~', [ ~ ,,~ t"'~ ~ ~ " ~ ~ ~ ~ r'~ ~ ~ ~ ~. t .\+ '-'I-\, ~ r ~ ~ t r L~ ~ ~ r r .~ t ~ ~ i \ \ ~'~ ~, ~. ~ l ~ ~ ~~t:' (r ~ l g ~~ ~ ~ ~ :.t~\0) \D~~ ~ ~ ~~. r~L ~ ~ ~ ~ ' ~ " \ 'i) ~ ~ \ " ~\ ~ ~ , ~ T ~ v J ~ ~ ~. R~. t ~ ~ ~ ~ \{ ~ ~~~ ~~J ;J ~ ~-, ~ ~ 1: ~ ~ \ ~ ~, ~ ~ ~. ~i " ~~, 1 ~ ~ 5~ ;-1, ~~ JI, kc,l~ ~~b udrJ~ /~r(\J )J~'- -tI~ ~ k';tJ fLw- M;d I'f'tyvr C0~ J< \ ~ a~L'~ ~ -ftvm fi\tigl-?A /10 -1' ~Jt.;f tAP-ed C~~~ 0.-t ~ 0)1\.~ 1.. L.. L, ~ ~ j)r~ I'rfvitif ro ~ I 0 10 W t\A '$ ~ ty\.(f1rI"""t s--- (.,rf-;t. ~ 1n.Rt 1J~ jMJifJ ~~ ~~f;;Q . . , vv-1,~ N~~tJQ.iaf~~ t-t'- 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. <--- ~41lL