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Home My WebLink About2011-0104 Council Mtg PACKET CITY OF ASHLAND Important Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments 10 the Council on any item on the Agenda, unless il is the subject of a public hearing and the record is closed. Time permitting, the Presiding Officer may allow oral testimony. If you wish to speak, please fill out the Speaker Request fonn localed near the entrance 10 the Council Chambers. The chair will recognize you and infl;mn you as to the amount of rime allotted to you, if any. The lime granted will be dependent to some exlent on the nature of the item under discussion, the number of people who wish 10 speak, and the length oflhe agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL January 4, 2011 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automaticaliy continued to the next regularly scheduled Council meeting IAMC 2.04.030.E.] 6:45 p.m. Swearing in of newly elected officials 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. STATE OF THE CITY ADDRESS BY MAYOR STROMBERG V. ELECTION OF COUNCIL CHAIR VI. MAYOR'S ANNOUNCEMENTS VII. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? 1.5 minutes} V). Executive Session of December 21, 2010 tJ2. Regular Meeting of December 21, 2010 VIII. SPECIAL.PRESENTATIONS & AWARDS /,1. Mayor's Proclamation of January 8 as Christmas Tree Recycle Day in Ashland IX. CONSENT AGENDA [5 minutes} 1. Wili Council accept the Minutes of the Boards, Commissions and Committees? 2. Wili Council, acting as the Local Contract Review Board, approve the award of a contract to DeVore Electric and Construction in the amount of $130,822.60 to construct the Laurel Street Sidewalk Improvement Project No. 2006-18? 3. Wili Council, acting as the Local Contract Review Board, approve the award of a public contract to Tristar Risk Management for Worker's Compensation Third Party Administration? 4. Wili Council reclassify Kate Jackson's Ashland Water Advisory Committee appointment from City Council Member to Member "at-large"? COUNCIL MEETINGS ARE I3I,CHDC\ST LIVE ON CHANNEl. <) VISIT THE CITY OF i\SIILAND'S WEll SITF;\T WWW.ASIIL.\ND.OR.US i X. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. AIi 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 92.04.050}) None XI. PUBLIC FORUM Business from the audience not included on the agenda. (Total time aliowed for Public Forum is 15 minutes. The Mayor wili set time limits to enable ali people wishing to speak to complete their testimony.) [15 minutes maximum] XII. UNFINISHED BUSINESS. None XIII. AND MISCELLANEOUS BUSINESS ill Council accept an Oregon Department of Transportation Connect Oregon Iii matching grant for the Airport Improvement Project-Runway Rehabilitation and Precision Approach Path Indicator light instaliation in the amount of $9,769.00? [15 Minutes] XIV. RDINANCES RESOLUTIONS AND CONTRACTS Shali Council adopt a resolution creating the AFN Executive Advisory Board? If approved, which two Council members does Council name to serve on the board until its dissolution? [15 Min 2. Wili Council appr irst Reading 0 an ordinance titled, "An Ordinance Relating to Creation of a Firewls 0 and move the ordinance on to second reading? [15 Minutes] XV. OTHER BUSINESS FROM COUNCIL MEMBERStREPORTS FROM COUNCIL LIAISONS XVI. 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 f). COUNCIL MEETINGS ARE BROADCAsT LIVE ON C1MNNEL <) VISIT THE CITY OF ASH/..;\ NI)'S WEB SITE ;\T WWW...\SHL;\NIH)IUJS ASHLANU un CUUNUL Mf:f:lJN0 December 21.2010 Page 1 of5 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 21, 2010 Council Cbambers 1 175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL . Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger, and Chapman were present. MA YOR'S ANNOUNCEMENTS Mayor Stromberg announced vacancies on the Historic Commission, Planning Commission, Public Arts Commission, and the Housing Commission He went on to announce this was the last meeting for Councilor Navickas and Councilor Jackson and noted their efforts and accomplishments. He also explained there would be no further public testimony on the City's current camping ordinance and the homeless issue and why. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The minutes of the Study Session of December 6, 2010, Executive Session of December 7, 2010 and Regular Meeting of December 7, 20 10 was approved as presented. SPECIAL PRESENTATIONS & A WARDS Mayor Stromberg presented Councilor Jackson and Councilor Navickas with plaques that recognized their contributions as City Councilors. CONSENT AGENDA 1. Will Council accept the Minutes of the Boards, Commissions, and Committees? 2. Does Council wish to approve a Liquor License Application from Donald Senestraro dba Paddy Brannan's Irish Pub at 23 S 2"d Street? 3. Does Council wish to approve a Liquor License Application from Dee Vallentyne dba Smithfields Restaurant & Bar at 36 S 2"d Street? 4. Will Council conduct annual review and accept the current City of Ashland Investment Policy? 5. Will Council approve an agreement to allocate Ashland's remaining $6,735 in unexpended American Recovery and Reinvestment Act (ARRA) funds to the City of Medford? 6, Will Council, acting as the Local Contract Review Board, approve the award of a public contract to' Diamond Parking for Parking Enforcement and Administration Services? 7. Should Council approve a resolution adjusting the FY 2010-2011 Budget to create appropriations and authorize expenditures for unanticipated expenses during this year? 8. Will Council approve a resolution modifying the size of street pennants allowed to he installed within the previously approved pennant placement zones? 9, Will Council, acting as the Local Contract Review Board, approve the award of a public contract to Hughes Fire Equipment for a Type 1 amhulance? 10, Does Council have questions about the Mayor's at large selection for the Ashland Stormwater Technical Review Committee and the Ashland Wastewater Technical Review Committee for each of the respective Master Plan updates? 11. Will Council approve the attached resolution modifying the Renewable Resource Purchase Policy for Solar, wind, Fuel Cell and Hydroelectric Power Generation? ASHLANU LilY CUUNUL Mt;t;JJNli December 21.2010 Page 2 of5 Councilor Jackson/Cbapman mIs to approve tbe Consent Agenda. Voice Vote: All A YES. Motion passed. PUBLIC HEARINGS J. Sbould Council conduct and approve Second Reading of an ordinance titled, "An Ordinance Establishing Fees and Cbarges for Municipal Court Administration" and approve a Resolution titled, "A Resolution Establishing Fees for tbe Administration of the Ashland Municipal Court" after holding a pu blic hearing? Interim City Attorney Megan Thornton read the ordinance title aloud. Public Hearing Open: 7:07 p.m. PUBLIC TESTIMONY Joaquin SalomalThought the Municipal Judge should have received more respect from the Council during the December 7,2010 meeting regarding Courts Fees and Charges. Public Hearing Close: 7:11 p,m. Ms. Thornton read the following proposed changes suggested by Municipal Court Judge Turner. ~ Change the sentence under 4,35,030(A), Waiver or Reduction of Fees and Charges by the Municipal Court from: "The fees for Failure to Appear for Bench Trial, Discovery, Failure to Appear of Jury Trial, Mediation of Violation, and Warrants may be waived or reduced in whole or in part when the Municipal Court makes a written finding that the defendant's indigence and the totality oftbe circumstances warrant a fee waiver," to "Tbe fees for Failure to Appear for Bench Trial, Discovery, Failure to Appear of Jury Trial, Mediation of Violation; and Warrants may be waived or rcduced in wbole or in part wben tbe Municipal Court makes a written finding that the totality of the circumstances warrant a fee waiver." Staff recommended retaining "indigence" in the ordinance because it was common criteria under State Statute. Additionally it gave people using the Municipal Court a better understanding of what "totality of the circwnstances" meant. ~ Change 4.35,030(3) (C) by replacing "...on evidence in the record," with "...the totality of the circumstances," in order to be consistent with 4.35.030 (A). Ms. Thornton explained it did not need to be consistent. Decisions made were based on the evidence in the record. The Municipal Court was not a court of record and if there were nothing in writing, there was no record of what occurred in Court. ~ Add the City Attorney Diversion Fee and the Civil Compromise. Fee to the list of fees that could be waived or reduced under 4,35,030 Fee Waiver (A). Btaff rccommenled not adding either fee to the list. The City Diversion Fee was a contract negotiated between the City Attorney and the defendant. Staff was not required to obtain the Judge's signature under statute but do in case of default so the City can proceed under contempt of court or show cause. If the Judge disagreed with the contract and refused to sign it, the contract would be considered broken, and the case. would proceed to coUrt. The reason for not adding the Civil Compromise Fee to the Fee Waiver list was that Civil Compromise required that all court fees incurred were paid. Councilor Jackson/Silbiger mIs to approve Ordinance #2010-41. Councilor NavickasNoisin mIs to amend motion by deleting section 4.35,030 (C) replacing "should be based on evidence in the record," to "totality of tbe circumstances," as suggested by Judge Turner. DISCUSSION: Councilor Navickas tmught the amendment would give the Judge more discretion Roll Call Vote: Councilor Voisin and Navickas, YES; Councilor Lembouse, Jackson, Silbiger and Chapman, NO, Motion failed 2-4. Roll Call on main motion: Councilor Navickas, Lemhouse, Jackson, Silbiger and Chapman, YES; ASHLANLJ un CUUNUL MLLJJN0 December 21,2010 Page 3 0[5 Councilor Voisin, NO, Motion passed 5-1. Councilor JacksonlSilbiger mls to adopt Resolution #2010-31. DISCUSSION: Councilor Jackson commented that the resolution listed the fees maki'll it more JTedictable and fair for everyone involved Councilor Silbiger read from 4.35.030 that explained the Judge had the discretionto waive orreduce a fee ifshe felt it conflicted with State law. Roll Call Vote: Councilor Voisin, Navickas, Lembouse, Jackson, Silbiger and Cbapman, YES. Motion passed. PUBLIC FORUM Dan Rueff/535 Oak Street/Said farewell to Councilor Navickas as a Councilor noted his accomplishments for the environment and welcomed him back as a citizen of Ashland. Robert Corliss/llSI Fir Lane/Shared information regarding the recent discovery of plastic bottles being made from petrolenm bi-products and Bisphenol-A (BP A) that is linked to cancer and birth defects. He submitted into the record a copy of the movie Tapped, encouraged Council'to watch the film, go to www.tappedthemovie.com and to stop buying plastic products. UNFINISHED BUSINESS 1. Does tbe City Council wish to: 1) enact an ordinance to temporarily suspend the City code that prohibits camping on public property; 2) provide direction to the Housing Commission that the Council would like the Commission to work on homelessness issues; and/or 3) provide direction that the Housing Work Plan should be amended to direct the Housing Specialist to spend more time working on homelessness issues? Councilor Navickas eXplained that if the camping ban was lifted, further restriction; could be put in placefor the Wildland interface during fire season and the commercial downtown area. Councilor NavickasNoisin mls to declare an emergency and approve first and second reading of an ordinance temporarily suspending Ashland Municipal Code section 10.46, DISCUSSION: Councilor Navickas thought the City was currently in violation of the Eighth Amendment relative to the Jones vs. City of Los Angeles case. Citing people within the city limits pushed them into the watershed and that created a fire hazard. He suggested the City bring together a variety of groups to ensure people have a safe place to sleep and possibly work with Jackson Wellsprings to provide camping vouchers to people. Councilor Chapman did not think the City was violating the Eighth Amendment and did not support suspending the ordinance but was open to looking at solutions. Councilor Jackson also did not believe it violated the Eighth Amendment and noted the amendments Council adopted two years before in response to the American Civil Liberties Union (ACLU) regarding the Los Angeles case. She spoke with providers who had worked on homeless issues for 2-3 decades and not one of them nor the National Homelessness policies supported camping as part of the solution. She was not in favor of lifting the ban. Councilor Lemhouse noted various organizations within AsWand that supported people in need. If the citizenry wanted a designated camping area for ]Xople who were homeless, it would have happened a long time ago. He named shelters and services available in Medfordand encouraged anyone who needed those services to access them. People choosing not to use services provided in the Rogue Valley did not put the burden on a city the size of Ashland to provide them. He supported future goals regarding homelessness but was nolin favor of waiving the current Ia'w or establishing a campground. Councilor Silbiger did not think the ordinance violated the Eight Amendment and suspending the ordinance was the wrong action to take. Allowing open camping was not in anyone's best interest. Providing a shelter and services were the solution but the City was limited in what it could provide. Councilor Voisin eXplained that 17% of the people homeless in Jackson County were campers and the City was Ai)HLANU cnr CUUNUL MI:-I:-1JNli December 21,2010 Page 40f5 obligated to provide a place for them to sleep. She stated that she would abstain from voting on the motion because the City needed to maintain the ban on camping and provide an alternative and had not. Councilor Jackson responded there were available services but they required recipients who agreed to the providers standards. Councilor Voisin talked to fonner ICCA members on why the ICCA withdrew from Ashland. The withdrawal was apparently due to lack of funding, a focus on homeless veterans, and no fund raising occurred. Mayor Stromberg commented the City did not have the resources nor was it the City's role to be a major provider of hum an services. However, the City established the law and it was appropriate to focus on the consequences of the law and be a catalyst. Councilor Jackson/Chapman mls to excuse Councilor Voisin from voting on the motion. DISCUSSION: Councilor Voisin reiterated she would not vote on the motion because the City had not provided an alternative to the lifting the ban. She supported maintaining the ordinance and the ban on camping. Councilor Silbigerwould vote against the motion and eXplained it was a Councilor's duty to vote. The only reasons not to vote were either a statement of bias or conflict of interest. This was not a legitimate argument for not voting. Roll Call Vote: Councilor Navickas, YES. Councilor Lemhouse, Jackson, Chapman and Silbiger, NO. Councilor Voisin did not vote, Motion failed 1-4, CONTINUED DISCUSSION ON MAIN MOTION: Councilor Navickas explained the homeless issue had been a Council Goa] for two years and needed to be addressed He strongly encouraged Council to make homelessness a priority. Roll Call Vote: Councilor Navickas, YES; Councilor Lemhouse, Jackson, Voisin, Chapman, and Silbiger, NO. Motion failed 1-5. Councilor VoisinlNavickas mls the Council add a Homeless Study Session to each meeting in January from 6:00 p.m, - 7:00 p,m, because ofthe complexity ofthe issue, the urgency ofthe issue and thefact it is a goal of Council, DISCUSSION: Councilor Voisin explained the issue was complex and the Study Session on January 3],201] would not allow enough time for discussion. Councilor Lemhouse thought the short notice would be burdensome for staff Mayor Stromberg agreed with Councilor Lemhouse and supported a meeting on January] 8, 20] I. Councilor Jackson suggested adding the topic to the regular agenda. Roll Call Vote: Councilor Voisin and Navickas, YES; Councilor Lemhouse, Chapman, Silbiger and Jackson, NO,Motion failed 2-4, NEW AND MISCELLANEOUS BUSINESS I. Shall the Mayor and Council approve the annual appointments for the vacant positions on the Citizen Budget Committee with tern ending December 31, 2013? City Recorder Barbara Christensen eXplained the voting process. Councilor Navickas encouraged Council not to reappoint Lynn Thompson because of her affiliation with the League of Ashland Voters who he felt had targeted him in an unethical manner during the 2010 election , Councilor SilbigerlChapman mls to approve Chuck Kiel, Doug Gentry and Lynn Thompson to the Citizen Budget Committee with a term ending December 31,2013, Voice Vote: all A YES. Motion passed. ORDINANCES. RESOLUTIONS AND CONTRACTS I. Will Council approve Second Reading of an ordinance titled, "An Ordinance Relating to Reimbursement Districts and Adding Chapter 13,30"? Interim City Attorney Megan Thornton read changes that included 13.30,030 Public Hearing (A): "Within a reasonable time after the City Engineer has completed the report required in 13.30,020, the City Council shall hold an informational. public hearing in which persons impacted by the creation of the Reimbursement District shall be given the opportunity to comment thereon," Another change to the last sentence under 13.30.035 City Council Action read: "If a reimbursement district is established it shall be deemed formed as of the date the Council adopts the resolution referred to in 13,30,030 above," The final change was to the first sentence under 13,30,055 Recording the Resolution: "The City Recorder ASHLANU crJr CUUNUL MLLJ1N0 December 21,2010 Page 5 0/5 shall cause notice of the formation and nature ofthe Reimbursement Districtto be filed in tbe office oftbe Jackson County Recorder in order to provide notice to potential purchasers of property within the district of its existence." Ms. Thornton went on to read the ordinance title aloud. Councilor LemhouselNavickas mls to approve 'Ordinance #3042. Roll Call Vote: Councilor Silbiger, Voisin, Chapman, Lemhouse, Navickas, and Jackson, YES. Motion passed 2. Will Council approve Second Reading of an ordinance titled, "An Ordinance Relating to Adopting New Building And Structural Codes, Amending AMC Chapter 15 Building Codes, and Repealing AMC 15.04.180, 15.08.020, 15.08.040, 15.08.050, 15.08.060, 15.08.070, 15.16.020 Through 15.16.220, 15.16.250 Through 15.16.320, AND 15.16.360 Througb 15.16.370"? Interim City Attorney Megan Thornton read number changes to the Oregon Administrative Rules in 15.04.010 Code Adoption (A) 1-5. Ms. Thornton referred to 15,08.060 Permit Requirements for Moved Buildings (B) (C) and (D) and explained it was new infonnationthe Council had not discussed and might want to remove from the ordinance for further discussion at another meeting. Councilor JacksonlLemhouse mls to amend the ordinance and remove sections 15.08.060(B), (C) and (D). Roll Call Vote: Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman, YES. Motion passed Councilor JacksonlChapman mls to approve Ordinance #3043 as amended. Roll Call Vote: Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman, YES. Motion passed OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS 1. Will Council approve the Mayor's Signature on a letter to Senator Merkley regarding support for performance based planning? Mayor Stromberg moved the item to the January 18, 201] meeting with Council consent. Councilor Jackson had issues with the third paragraph in the letter starting "For decades the federal government. . ." and thought the letter should go to Senator Wyden and Representative Walden in addition to Senator Merkley. Councilor Chapman thought interested parties should draft their own letter instead of using a generic one. Councilor Lemhouse thanked Councilor Jackson and Councilor Navickas for their service to the Council and the commlll1ity. ADJOURNMENT Meeting was adjourned at 8:40 Barbara Christensen, City Recorder John Stromberg, Mayor CITY OF ASHLAND TRANSPORTATION COMMISSION Thursday, November 18, 2010 Council Chambers, 1175 East Main Street Minutes Attendees: Tom Burnham, Eric Heesacker (Chair), Steve Ryan, Julia Sommer, Colin Swales, Brent Thompson Absent: Malt Warshawsky, David Young Ex Officio Members: Larry Blake, Brandon Goldman, ~ Staff Present: Mike Faught, Steve MacLelU1an, Jim Olson, Nancy SloclUll J. CALL TO ORDER: 6:03 PM by Chair Eric Heesacker. II. APPROVAL OF MINUTES: Minutes of October 21,2010 approved as clarified III. PUBLIC FORUM: CorilU1e Vieville was in the audience. She had applied for the Commission vacancy. Olson eXplained the mix up with Council Communication dates. The City Council would not make a final decision about the vacancy until their December 7th meeting. IV, ADJUSTMENTS TO THE AGENDA: Chair Heesacker added "Bike Parking Survey Recommernation" as Action Item C. and "Association of Pedestrian and Bicycle Professionals (APBP) Conference Letter of Interest" as Action Item D. Sommer asked that Non Action Item D. be amended to include "Commissiorer Attendance." V. ACTION ITEMS: A. Crosswalk on East Main Street at California Street Olson reviewed the staff report. Regina Ayars suggested the intersection of East Main Street and the bike path be realigned to allow for better driver visibility of pedestrians. The intersection was reviewed two years ago when the rail CroSSing was reconstructed. Due to the angle of the Central Oregon and Pacific Railroad tracks, the intersection of East Main Street and California Street was skewed approximately 45 degrees. Both the northerly section of California Street and the Central AsWand Bike Path parallel the railroad right of way. There have been no accidents since the reconstruction or any observed or reported problems. Pedestrians and bicyclists crossing East Main are generally mindful of vehicles and usually come to a full stop before crossing. Drivers have a wide scope of visibility and are also watchfuL Regina Ayars, 199 Hillcrest, thanked staff. She brought the issue forward from a driver's point of view. She was concerned about the angle of the crosswalk. Her personal observations showed that pedestrians and bicyclists do not stop although they are required to do so. Burnham acknowledged this difficult intersection and the responsibility of each individual for their personal safety; however, he thought the signage at this intersection could be improved. Motion and Vote: Burnham moved to accept staffs recommernation to make no changes to the crosswalk and to C:\Documents and Sening;\shipletd\LocaJ Setting;\Temporary Internet Files\Content.Outlook\63KU614S\11 18 10 TC Minutes (2).docPage I of4 increase the size of the stop signs on the bike path at this intersection In addition recommenled the police department monitor the intersection to enforce the need for pedestrians and bicyclists to stop. Swales seconded the motion and it passed unanimously. B. Mid-Block Crosswalk on South Mountain Avenue Staff reported that Larry Blake, SOU Campus PI arming and Sustainability Officer. requested a marked mid-block crosswalk on South Mountain A venue between Ashland Street and Henry Street. The crosswalk would be an extension of the main walkway servicing the SOU theater and music buildings. Staff noted a similar request in 2004 nearer the Music Building that was denied. This proposed crosswalk location had high vehicle visibility because of a 720' long block and he recommenled approval if passive pedestrian protection; such as curb bump-outs were installed The cost would be approximately $4,000. Larry Blake introduced Chris Sackett, Theatre Arts Professor. Blake reported that additional parking lot lighting would be installed adjacent to Mountain Avenue. He noted that users of the proposed crosswalk would likely be older theatre goers. He agreed with Staffs recommenlation and referred to the university master plan's goal to make the Mountain Avenue entrance a "gateway" Sackett noted over 15.000 theatre patrons the previous year of which approximately 80% would use the parking lot. Burnham suggested a raised (table) crosswalk with additional signage. Olson said the cost would increase to approximately $1 5,000. Swales said that as most users of the crosswalk would be at night, adequate pedestrian-focused lighting was needed. Ryan was in favor of a crosswalk that could be upgraded at a later date. Motion and Vote: Sommer moved to approve staffs recommenlation to install a 10' wide continental-style crosswalk at the proposed location on South Mountain that included curb bump-outs on both sides of the street with standard access ramps. The cost of the crosswalk would be shared with SOU. In addition staffwould pursue a raised crosswalk with pedestrian-scaled lighting. Swales seconded the motion and it passed unanimously. C. Bike Parking Survev Recommenlation Olson acknowledged Burnham's draft bicycle parking survey. He recommenled forwarding the final version to the TSP Update consultants (Kittelson and Associates) for input. Burnham agreed and asked the Commission to forward edits to Slocum by December I". Staff would then forward to the consultants. D. Association of Pedestrian and Bicvcle Professionals rAPBP) Conference Letter of Interest Nathan Broom from RVm forwarded a call for letters of interest from the APBP. He asked the Commission to consider hosting a future APBP Professional Development Seminar. Olson noted a December 3,2010 deadline. The venue should hold 200-400 people and as AsWand Hill's Inn convention center closed, SOU may be the only viable venue. Olson noted that Staff hosted a public works conference and found it labor intensive. Sommer reviewed the requirements and found Ashland lacking in several points. Swales said the conference would be beneficial to businesses and thought there would be a lot of community interest. Motion and Vote: Sommer moved to not pursue the APBP Conference Letter of Interest. Thompson seconded the motion The motion failed three votes to three. C:\Documents and Seuing;\shipletd\Local Scttings\Temporary Internet Files\ContenLOullook\63KU614S\11 18 10 TC Minutes(l).docPage 2 of4 , Motion and Vote: Swales moved to direct Staff to apply for the APBP Conference Letter ofInterest for September, 2015. Burnham seconded the motion and it passed four votes to two. VI. NON ACTION ITEMS A. Bike Parking and Rack Design Burnham and Ryan summarized the Subcommittee's study session on bike parking and bike rack design. Ann Seltzer also attended the Subcommittee meeting. After the meeting Faught, Burnham and Sommer visited the owner of the Outdoor Store on Third Street. They asked him about the possibility of installing on-street bike parking adjacent to his business thus replacing a 15 minute space. His first response was negative, but then turned neutraL Commission asked staff to follow up with owner. Motion: , Burnham moved to adopt list outlined in the November 4, 2010 Subcommittee minutes as a "Draft Bike Parking Policy." Ryan seconded the motion. Sommer thought the policy was not yet ready. Burnham withdrew motion. Swales thought businesses might be willing to pay for racks as a form of advertisemeI1. He wanted more variation of design and thought the planning requirements should be incorporated into the final policy. B. A Street Sharrow Designation Olson reviewed the email from Kittelson and Associates included in the packet regarding the Commission's request to install sharrows on A Street. Kittelson's sub-consultant, Alta, was willing to research the request in the next few months. C. Roundabout Video Commissiorers were invited to watch the ten minjlte video sponsored by the Federal Highway Administration immediately after the meeting was adjourned. D. Commission Vacancv I Commissiorer Attendance Somm~r expressed concern about the number of Commissiorer absences. Thompson thought all the Commissiorers were motivated and said the measure of concern could be measured by whether or not the meeting was harmed by the absences. Heesacker observed that only one meeting was cancelled due to lack of a quorum. He thought that satisfactory. Swales announced he would be out of the country from December to ApriL He sent a letter to Mayor Stromberg offering his resignation. He had not yet received an answer. E. Truck Parking Ordinance Review Olson noted that this item was for information only. Ryan said this ordinance seemed unique in that it concentrated on what the public must do. Heesacker had seen similar language elsewhere. Swales noted that this ordinance had not yet been enforced F. MPO Uodate As Councilor Chapman was absent, this Item was tabled. G. Planning Commission Uodate Swales reported on one Planning Commission agenda item that might affect public parking, the rezoning of a portion of Winburn Way. C:\Documents and Seuing;\shipletd\Local Seuing;.\Temporary Internet Files\Content.Outlook\63KU614S\11 18 10 TC Minutes (2).docPage 3 of 4 VII. INFORMATIONAL ITEMS & COMMISSIONER COMMENTS Olson reviewed future Commission meetings. On Wednesday, December 8, 20 I 0 the TSP consultants were hosting Public Workshop #2 - Pedestrian Places. The Meeting would be held at 7:00 PM in the Commons room at the AsWand Middle School, 100 Walker Avenue. The next TSP joint meeting was scheduled for Thursday, January 20, 2011, the same date as the regular Commission meeting (the T AC meeting would be the same day). Olson recommerxled cancelling the Commission's regular meeting. Commission agreed. The Commission would next meet on December 16, 20 I 0, then February 17, 2011. In addition, Olson reported no agenda items for December's Subcommittee meeting therefore the next Subcommittee meeting would be Thursday, January 6,20] 1. VIII. ADJOURN: 8:03 PM Respectfully submitted, Nancy Slocum, Accounting Clerk 1 .. C:\Dx:uments and Sening;\shipletd\Local Setting;\Temporary Internet Filcs\Content.Outlook\63KU6] 4$\1] ] 8 10 TC Minutes (2).docPage 4 of 4 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Approval of a Contract to Construct the Laurel Street Sidewalk Improvement Project January 4,2011 Primary Staff Contact: Public Works E-Mail: Community Dev ent Secondary Contact: Martha Bennet Estimated Time: James H. Olson olsonj@ashland.or.us Morgan Wayman Consent Question: Will the Council, acting as the Local Contract Review Board (LCRB), approve the award of a contract to DeVore Electric and Construction, in the amount of $130,822.60 to construct the Laurel Street Sidewalk Improvement Project No. 2006-18? Staff Recommendation: Staff recommends that the LCRB approve the award ofa contract to DeVore Electric and Construction as apparent low bidder in the amount of $130,822.60 to construct the Laurel Street Sidewalk Improvement Project No. 2006-18. Background: On December 16, 2010 at 2:00 pm, Public Works Staff opened and read nine bids received for the Laurel Street Sidewalk Construction Project No. 2006-18. The low bid of $130,822.60 was submitted by DeVore Electric and Construction, a White City Oregon company. All bids were submitted in accordance with the advertised requirements and were complete with bid bonds and all other required forms and documents. The low bid was $177 less than the engineers estimate and $13,656 below the second place bid. The low bid appears to be reasonable and there is no legal reason for rejection of the bid. The project is adequately funded and all approvals are in place to allow a quick construction start- I up. Bid Results The Laurel Street Sidewalk Improvement Project was first advertised for bids on November 23,2010 in local newspapers as well as in the Daily Journal of Commerce. Bid packages were distributed to 23 prospective bidders. A pre-bid conference was held on December 2, 20 10 with seven persons in attendance. A single addendum was issued in response to questions posed at the conference. ) On December 16, 2010 at'2:00 pm nine bids were received, opened and read aloud by City Staff. All bids were responsive and legally submitted, including the low bid of $130,822.60 submitted by DeVore Electric and Construction. Proiect Funding This project is being funded through a fund exchange agreement with ODOT which was allocated through the local Metropolitan Planning Organization (MPO). This agreement funds the Laurel Street Page I of I ~~, CITY OF ASHLAND safe route to school project which includes both the Laurel Street Sidewalk Construction Project and the Hersey/Laurel Railroad Crossing improvement project. The combined cost of both projects was approved at $730,000 with the agreement providing 94% or $686,200 of the total. The Laurel Street Sidewalk Project is estimated at $165,000 including engineering and administration costs. The balance of $521,200 will fund the rail crossing project. Prior Council Actions On May 4, 20 I 0 the council approved an engineering contract with Thornton Engineering to provide design and construction services for the Laurel Street Sidewalk Improvement Project. At that same meeting the council also approved the fund exchange agreement with ODOT to fund both the Laurel Street Sidewalk Improvement Project as well as the Hersey/Laurel Rail Crossing Improvement project. Related City Policies: The Council acts as the Local Contract Review Board, under authority granted by ORS 279A. 279B and 279C as well as AMC 2.50 and is required to approve contracts in excess $100,000. Council Options: . Council may authorize the award of a contract to the apparent low bidder for the Laurel Street Sidewalk Improvement Project No. 2006-]8. . Council may reject all bids and authorize staff to re-bid project. Potential Motions: . Move to approve an award of contract to the apparent low bidder for the Laurel Street Sidewalk Construction Project No. 2006-18. . Move to reject all bids and authorize staff to re-bid the project. Attachments: . Bid summary . Low bid proposal Page 2 of2 ~~, Z o ~ 1f1 ~ > ~ Q ~ Zoo ~~ ~~ ~o ~~ ~~ Z~ ~o .>< QCJ:: ~~ ~p =00 1f1 < ~ o ~ ~ ~ u . - y . '., ~ ... ;; . 8 . . o ~ '" 8 ~ "" ;; ~ ." 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EQUIPMENT AND .SERVICES OF ALL KINDS REQUIRED FOR THE CONSTRUCTION OF THIS PROJECT FOR THE CITY OF ASHLAND, JACKSON COUNTY, OREGON, AS STATED IN TIlE COMPLETED BID SCHEDULE, ALL IN ACCORDANCE WITH TIlE CONTRACT DOCUMENTS, PLANS, SPECIFICATIONS, AND DRAWINGS WHICH ARE ON FILE AT THE CITY OF ASHLAND, CITY HALL, 20 EAST MAIN STREET, ASHLAND, OREGON 97520, ::A:"'P; ~r~< 'l!;'t:r;AJ ADDRESS dL/t/tf. -4vPnup If- CITy!AJh;fe (;-~STATE(Je. zIP11,t[3 TELEPHONE NO. ,~I./I- 1tf'l-13f'() . FAX NO. .'i L( /- <:]7 q - () 5 iL 3 EM AIL ADDRESS_Ce~rlevIJre@(;Aa(.fer.fl{! f--' ~ro'frucJi[)Y1 To the HODorable Mayor and City Council City Hall City or Ashland 20 East MaIn Street Ashland, Oregon 97S20 In response to competitive bidding, this PROPOSAL is submiUed as an offer by the undersigned to eoter into a contract with the City of Ashland for furnishing all permits, labor, tools, machinery, materials, transportation, equipment and services of allldads required fOI", necessary for, 01. reasonable ineidental to, tbe construction of the Laurel Street Sidewalk Improvements (hereinafter UProject") for the City of Ashland, Oregon, as shown in tbe contract documents on file at City Community Development Building, which are a condition of this Offer as though tbey were attached. This offer is subject to tile foDowing declarations as to the ads, intentions and understandings of the undersigned and the agreement of the City of Ashland to the terms and prices herein submitted. 1. The undersigned has familiarized themselves with tbe nature and extent of the Contract Documents, project work, site, Jocality, general nature or work to be performed by City or others at the site tbat relates to the project work required by the Contract Do.::uments, local conditions, and federal, state, and local Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the project ,york. 2. The undersigned has obtained and carefully studied (or assumes responsibility for obt'aining and carefully studying) examinations, investigation, exploration, tests, and studies which peltaio to the conditions (subsurface or physical) at or contlguoDs to tbe site or otherw~e and which may affect the cost, progress, performance; or furnisbJng of .he project work as Contractor deems necessary for the performance and furnishing nr the project work at the Contract Price, within the Contract Times, and in accordance with the otber terms and conditions of the Contract Documents; and no additional or supplementary Ciry 01 Ashlalld 7 examinatiolls, investigations, explorations, tests, reports, or similar information or data are or ,,,ill be n~quired by Contractor for such purposes. 3. It is understood that the City shall investigate aDd determine the quaJifications oCthe apparent low responsive bidder prior to awarding the eon tract. The City shall rejeet any bid by a nonqualified or disqualirted bidder. The City nf Ashlaud reserves the right to rejeet for any good cause any or all bids, waive fonnalilies, or to aeeept any bid which appears to serve tile besl interests of Ibe City. The City reserves tbe right to reject any bid Dot in compliance with an prescribed pubHc bidding procedures and . requirements,. and may reject all bids for good cause upon a finding that it is in the public interest to do so.. Evaluation of bids will be based on minimum requirements established by the spedfications and compliance with (onditions of the Notice to Contractors aDd Invitation to Bid, and compliance with City public contracting rules_ Additional evaluation crite.-ia are as follows: None. 4. Tbe deadline to file 8 written protest or rcques~ pursuant to Instruction to Bidders to cbange contract terms, conditions or specifications is not less than ten (10) calendar days prior to bid opening. Bid dosing may be eJ:tcllded by the City to consider a protest or request. 5. All of the contract documents, Including all plans, specifications, and drawings have been examined aDd an examination of the site of the proposed work, togetber with such investigations as are necessary to determjne the conditions to be encountered have been made by the undersigned and tbe terlWl and conditions of the contract and solicitation documents arc hereby accepted, and that if this Offer is accepted, the undersigned will contract with the City of Ashland, Oregon, in a form substantially similar to that attached Agrei:lDcnt and agree to be bound '0 the terms and conditions of said contract and. solicitation documents. 6. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration thereof and, if they are not in coufJict with those refe.-red to in paragraph 1 above, they shall have the SRme force aDd effect as though tbey \Vere attacbed and they shall be accepted as part orthe contract when issued. 7. The undersigned agrees that upon written acceptance of this bid slhe will, within ten working days, of receipt of such notice, execute a formal contract agreement with the City. The undersigned furlher ag.-ees that slhe will provide tbe following in order to execute the contract: Performance Bond and Corporate Surety Paymen1.Bond, both in the amount equal to 100% of the awarded contract; Certificates of Insorance for Liability and pl"Operty damage coverage; Certificates of Coverage for Workman Compensation and unemployment insurancei All other bonds, permits, licenses, eft. as required In the contract documents.\ 8. It is understood that aU the work will be performed under a lump sum or unit price basis and that for the lump sum or unit price all services, materials, labor, equipmen~ and all wo,'k necessal)' to ('omplete the project in accordance with the plans aDd specifications shall be rurnished for the said lump .sum 0.... unit price named. Jt is understood that the quantities stated in connection with the price scbedule for tbe contract are approximate only and payment shall be 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 be computed on a basis of "extra workl'l for which an increase in payment wHl 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 undersi~ned 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 tbe undersigned's own independent calculatioDs and (hat at no time shall the undersigned aUempt to hold the Owner, the Engineer, or any other person, firm or corporation responsible for any errors or omissions tbat may appear in any estimate. ' 9. The undersigned submits Ihe unit priees as lbose al whicb be wiD perform Ibe work involved. Tbe extensions of the column headed IIITEM TOTALtI are made for the sole purpose of facilitating bid City Of Ashland 8 . comparisons and if there are any discrepan(:jcs between the unit priccs and the total ammlDt shown~ the onit p.ices shall govern. 10. The undersigned agrees to furnish labor, tools. machinery, materials, transportatio.ns, equipment and services of aU lunds required for, necessary for, or reasonably incidental to, construction of this Project with all appurtenant work as required by the plans and 5:peciflcations of this Offer for the uBit or lump sum prices io the "BID SCHEDULE". 1 L In stating prices, it is onderstood that the prices include aU materials and work required to complete the contract in 8uordance with the plans and specifications. If any material, item or service required by the plans and spccifications has not been mentioned specifically in the "BID SCHEDULE'" the same-shan be rurnished and. placed with the understanding that the full cost to tbe City has been merged with the several prices stated in the "BID SCHEDULE." 12. The City reseTVes the right '0 reject any and all bids," \'Valve fOJ'maUtles, ur accept any bid which appears to serve the best interests ofthc City in accordance with ORS 2798.100. The City reserves the rigbt to reject any and all bids, waive formalities, or accept nDY bid which appears to serve the best interests of tbe City in accordance with ORS 2798.100. 13. The foregoing prices shaJl include all labor, materials, equipment, overhead, profit, insurancCy and aU other iocidental expenses to cover the finished work of the severalldnds caUed for. Unit prices are to be shown in both words and figures. In case of discrepancy, the amounts ShOll:" in words will govern. ]4. Upon receipt of written noUce of tbe acceptance of tbis bid, Bidder shall execute tbe formal contract attached within teA days, deliver surety bond or bonds as required, and deliver required proof of insurance. The bid security attached in tbe sum of five percent of tbe total price for the bid or combinatioD of bids is to become the property of the Owner in Ihe event tbe 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. 15. If the proposed bid priCe will exceed $50,000.00 the undersigned, as bidder, acJrnowledges: that provisions of ORS 279C.800 - 279C.S70 relating to workers on public works to be paid not Jess tban prevailing rate of wage shan be included In the contract, or in the aUernative, jf the project is to be funded with federal fuods and is subject to the Davis-Bacon Act (40 U.S.c.. ~276a) bidder agrees to comply with the Davis-Bacoo Act requirements. "Prel'ailing Wage Rates for Public Worl(s Contrads in Oregon," wbich are incorporated herein by reference, and can be accessed at: hllp:ffwww.oregon.govfBOLVWHDfPWRJpwr_hook.shtml 16. The undersigned shall furnish bonds required by the specifications and comply with the laws of the Federal Gove-rnment, State of Oregon and the City of Ashland which are pertinent to construction contracts of this nature even though such laws may not bave been quoted Or referred to in the specifications. 17. Accompa~ing this Orfer is a certified check, cashier's check or a bid bond, for the sum of II/~. I L),). C( , payable 10 the City nf Ashland. Oregon, litis heing all amount for ten perceot (10%) of th total bid based upon the estimafe of quantities at the above price according to the conditions of the advertisemenl, Iflhis Offer Is accepled by Ihe City aDd Ihe undersigned fails 10 exeeute a satisfactory eontract and bonds as stated in the Advertisement within ten (10) working days from tbe date of notification, then the Oty may, at its OptiOD, determine fhat the undersigned has abandoned the contract and there upon this Offer shan be cODsidered null and void, and the bid security accompanying this Offer shall be rorreited to and become tile property of tile City of Ashland. If the hid is Dol accepled, the bid secority accoRlpanying Ihis Offer shall be returned to tbe undenigned. 18, The uodersigned agrees to cnmply with lhe provisions of ORS 279C.800 to 279C.810, the Oregon Prevalliog Wage law. The undersigned, liS hidder, acklloW/edges lItal provisions of ORS 219C.800 _ 279C.870 reloting 10 workers on pnhlie works to he paid not less Ihon prevailing rille of wage shan be illcluded in the contract, or in the alternative~ if the project is to be funded with federal runds and is subject to the oavis- Cffy of Ashland 9 Bacon Act (40 U,S.c. ~276a), bidder agrees to comply with tbe Davis-Bacon Ad ,'equirements. The undersigned Contractor agrees to be bound by and will comply with tbe provisions of ORS 27!K;.838, 279C.840 or 40 US.c. 3141 to 3148.IOAR 137-o49-o200(I)(a)(J)j. 19. The undersigned certifies that the undersigned Contractor is not ineligible to receive a contract for a public work punuant to ORS 279C.860.. Bidder fnrlber agrees, if awarded a contract, that every subcontractor wiD be eligible to receive a contract for a public ,vorl' pursuant to OKS 279C.860. 20. The undersigned certifies that the undersigned Cootraetor bas Dot discrimiD.8ted against minority, women or emerging small businesses enterprises in obtaIning any required subcontrac1s. The bidder understands and acknowledges that it moy be disqualified from bidding on this public improvement project as set fortb In OAR 137-049-0370, ineludlng but nol limited to City discovery a misrepresentation or sham regarding a subcontract or that the Bidder has viola led any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 21. The undersigued agrees that the time of completion shall be defined in tbe spedficatioD.5, and further, the undersigoed agrees to initiate and complete this Project by the date stated below. . The work shall be commenced \vithin 10 working days after receipt of the written Notice to Proceed. . The WOI'f{ shall be completed In all respects within 90 calendar days. . The uodersigned agl-ees that the "Time of Completion" shall be as defined in tbe spec~flcations aud that tbe bidder will complete the work within the lIumber of consecutive calendar days stated for each schedule after "Notice to Proceed" has been issued by the Owner. Bidder furthermore agrees fo pay 8S liquidated damages~ for each calendar day tbereatler, the amounts shown in Standard Conditions, for each day the p~oject remains incomplete. . 22. The undersigned bidder is registered with the Oregon Construction Contracton Board (CCB), tbe registration is current and vaJfd, and the bidder's registration number is stated below. rOAR 137-049- 0230(1)1 Bidder understands that failure to have a current CCO license shall result in rejectlon ofthis bid. 23. Tbe undersigned bidder is licensed by the State Landscape Contractors Board~ If appllcabl~, the license is current and valid~ and the bidder's registration Dumber is stated below. IOAR 137-049- 0200(1)(a)(K)} BJdder understands that failure to have a current LCn license shall result in rejection oribls bid. 24. ]0 det~rmlning the lowest responsible bidder, City shall) for the purpose oCawarding the contract, add a perce.ut increase on tbe bid of a non-resident bidder equallo the percent., if any, of the preference given to that bidder in the state In wbich the bidder resides. "Resident bidder" of Oregon means a bidder that has paid unemployment taxes or income ta~es in tbis state during the 12 calendar months immediately preceding submission of the bid, has 8 business address in this state and has stated in the bid that the bidder is a Ilresident bidder" of the State of Oregon. Tbe undersigned represents him/her self in this bid fo be either a Resident or a Nonresident bidder by completing tbe appropriate blank below. The Bidder is X- or is not a residenl Bidder as defined in ORS 279A.120, . 25. Tbe undersigned hereby represents that no Councilor, Commissioner, officer, agency or employee of tbe City of Ashland Is penonally interested directly or iadirectly in this Contract nr the cumpensatlon to be paid hereunder and that no representation, statement or statements, oral or in writing, of the City, its CouDcilor~ Commissioners, officers., agents or employees bad induced himlher to enter into tbis Contract, and tbe papers made a part of its terms; City of A$hlimd 10 26, The undersigned has not directly or indirectly induced or solkited any pei"SOD to submit a false or sham bid or refrain n.om bidding. The undersigned certifies that this bid has been arrived at indepcQdently and submitted witbout connection with aoy penuEl, flrD1 or corporation making a bid for the same materia' and is, in all respects, fair and without collusion or fraud 27. Tbe undersigned confirms tbat tbi> firm ba. a Qualified Drug Testing Program for emplnyees in place and wiD demonstrate tbis prior to award of contract. 10AR 137-049-0200(1)(c)(B)1 28. The undersigned confirms that if this contraet involves asbestos abatement or removal, the bidder is licensed uoder ORS 468A. 7/0 ror asbestos removaL Asbe.tos abatement is not implicated in fhis rontral.1. 29. The City of Ashland may waive minor informalities, reject any bid not io oompliance with all prescribed public bidding procedures and requirements, and may reject for good cause any 0.. aU bids upon a linding that it is in the public interest to do so. .30. The undersigned confirms that this offer is not contingent upon City's acceptance of any terms and conditions other than those contained in the SolicHation and Contrdd doeuments, 3]. The bidder understands that the City reserves the light to make changes to the Notice to Contractors I Invifation to Bid and tbe resulting contract by written addenda, prim' '0 the dosing time and date. The City will not mail notice of addenda but shall publish notice of any addenda on City's website aod post the notice of addeuda BI Community Development. www,ashland,or.us The addenda may be downloaded or picked up ut Community Development, 51 Winburn Way, Ashland, O.'cgon. The bidder must checl{ the wcbsite and Communify Development bulletin board frequently until closing. The bidder acknowledges that the Addendum(s) listed below bave beeu reviewed online or a copy obtained and consi.dered as ~Drt of the sUbmit~al1thjS Offer and Bid Schednle. ADDENDUM NUMBER ~HROUGH~HA VE BEEN REVIEWED 32. The bidder understands that 'he City will be awarding the contract to the Responsible Bidder with the lowest Responsive Bid. OAR 137-049-0200(t)(b)(C). Wbether a bidder i. respollsible will be determined by ORS 279C.375 and the City's completion of the attached Bidder Responsibility Determination Form. 33. Instructions for First-Tier Subcontractors Disclosure. Bidders aloe required to discfose information about certain first~tier subcontractors (those subcontractors contracting directly with the bidder) when the contract price exceeds $75,000 (see ORS 279C.370). SpecificallY7 when the contract amount of a first-tier subcontractor is greater than or equal to: .(1) 5% of tI.e project bid, but at least $15,000, or (0) $350,000 regardless of the percentage. you most disclQse the following information about that subcontract within "vo working hours of bid dosing: . The subcontractor's name .and addresSj . The subcontractor's Construction Contractor Board registration number, if one is required, and; . The subcontract dollar value. If you will not be using any subcontractors tbat are subject to the above disclosure requirements, you Bre required to indicate "NONfi:71 on the form. Failure to submit this form by the disclosure deadline willioesult in a non-responsive bid, A non-responsive bid will not be considered for award. THE CITY MAY REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS INFORMATION WITHIN TWO HOURS OF BID CLOSING. THIS DOCUMENT SHALL NOT BE FAXED. iT IS THE RESPONSIBILITY OF BIDDERS TO SUBMIT THIS DISCLOSURE FORM AND ANY ADDITIONAL SHEETS BY THE DEADLINE. Ciry of A.<;hland II NO I BID SCHEDULE LAUREL STREET SIDEWALK IMPROVEMENTS Pro'ect No, 2006-18 DESCRIPTION I OTY. i UNIT I I ' AMOUNT Mobilization and Traffie Control Mobilization for Temoorarv Work Zone & Traffic Control. Com let Erosion Conlrol 3 for .- Rondwork Earthwork for 4 Dollars 340 Adiust Water Valves for .- 5 Dollar 2 Adiust Water Meters for ,- i 6 Dollars 7 Adiust Manholes for i 1 Dollars EA Remove Concrete Curb and Gutter for 8 Doll 1111 Remove ExistiM Stonn Drain Inlet for OC~ --- 9 Dollars I Remove Exist Trees. Shrubs and Stumos for ,- ~ (J()()(). ,- 10 Dollars XJ- DralnDee and Sewers Connection to Existine Stonn Drain for EA IlL (i, ~ (. 90, .- - II' Dollars 2 L- Stonn Drain Curb Inlet I~ 1{iJ,'~ for a)-- 1 12 Dollars M' Stonn Drain Tvpe G.2 Inlet for ! ~75- ~ ~75 -- 13 Dollars EA City of Ashland 13 NO DESCRIPTION I OTY./ UNIT I ~~ AMOUNT fflGURES) Storm Drain Catch Basin for 1~~:/ i /6-5):- 14 Dollars 2 EA 8" PVC Storm Drain for 1n- 1 ddS', - 15 Dollars 12 LF 12" PVC Slonn Drain --- - -- for ,l!;}?_ 1 /3/')5 - ]6 Dollars 45 LF, , Extend Existing Weepholes I i }1. -- --" for i JIb, 17 Dollars 4 EA, , , Bases Sawcu! and Remove P.C. Concrete 1 15-- for i 190, - ]8 Dollars 200 SY 1. --- Sawcu! and Remove A.c. Pavement for ~3.l.?2-. i J/bf, 72- II Dollars 845 SY 11nch - 0 Aggregate Base for i /'1. ..- 1 3{};;J6.'-- 20 Dollars 178 CY Weal;nf! Surfaces 4 Inch - Level 2. V, Inch Dense. MHMAC I Mixture i for 11 21 Dollars 45 TON 1...7fl-- 165{J,- Concrete Curb and Gutter ; for I iJLI.32 . i/6Jf}g, JA- 22 Dollars 1172 LF L,,!?-' 4" Concrete Sidewalks for i J,!.!J-' ! J'-I,OJll. )9--_ 23 Dollars 7751 SF - 6" Concrete Driveway ADrons I 1'0" SF I i 3. ~ =-1ai! 'I. ~ 24 Dollars 1760 6" Reinforced Concrete Drivewav Aorons I I i'l.7ft- for 240 .~ L/76, -- 25 Oollars SF 9" Concrete Vallev Gutler 111~ 15 for 1 dO/I, 26 Dollars 263 ~ SF . 8" Concrete Crosswalk -...._- for SF L~ i iJ!- 1 '1653.~ 27 Dollars 1.007 ------- Cjry of A:;/IIand 14 ! I UNIT NO I DESCRIPTION 01Y. ; UNIT PRICE AMOUNT I i (FIC;V~"S) 4" Concrete Driveway Connections - for 13 :t!- 1 'lifT!. ~ 28 Dollars 1,297 SF Handicap Ramps ... , for 115/C;~ 1 6717 - 29 DoIl315 13 EA i , Permanent Traffic Safety & Guidance Devices Slripina and Markina i for i i /99(J'- 1 199t~ ----- 30 0011315 I lS i 1/. Permanent Traffic Control & Illumination SYStems Relocale SillDs i for EA I i/IO- Ji 66{J, .- 31 Dollars 6 Ril!ht ofWav Development & Control Landscaoine I . for lS I i III 50. - i if'l50,'- 32 Dollars I T ODSoil ! for Ii 30,-- i /J (fJ. -- ;)3 Dollars 40 CY ., Remove & Reconstruct Mailboxes (sinele) I - - for IJiq7.- i 111-- 34 . Dollars 2 EA I . , Remove & Reconstruct Mailboxes (multinle) for i/91) .- i t7fJ :- 35 Dollars 9 EA 2" PVC Sleeve Under Sidewalk for i h, -.11- i. Jfc-l.- JQ Dollars 28 LF I 37 Tree Proleclionflf needed) 5 EA i $200.00 $1000.00 BASE BID TOTAL I i If 10. $(,),.), f) f/ , {4 -i~etd) f/~t-.j;^i~jC'im(l ,Jl~#- IJv..d.JJ. ft&~/f:Xa- iiuiJ (~) !!Jc; City of Aslllanrl J 5 SIlE INSTRUCTIONS TO BIDDIlRS. The disclosure should be suhmilted on Ihe Firsl-Tler Suboontractor Disclosure Form attached to this Invitation fo Bid. 34. Bidder Informalion BDd Signalure j~l/ __ De.J0r(' bJpR/f.' C /.lAd CJn5fruci1cry\' Firm Name of Bidder Sign ~~~; e ex, \lor e-" Printed e of Bidder OfAJ nP r Official Title {)l!lqb of Bidder IV/A State of Incorporation OR. CCll Number Dated this /h iJ- dayof pf"('pm.her 2010 R1~~y. 1)1::: I rlh,!.' j)dt~(p r;:;~aT'( ClAd U~frwJ>Ui~ Av{'I11f", I} tt)h,fp (',ytCj7.f!!j ,'5/1/- 1'L/1J- 5,j ,?(~ Name of Bidder Address Telephone No. City of Ashland 12 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Approval of a Public Contract for Workers' Compensation Third Party Administration Services January 4,20] ] Primary Staff Contact: Administrative Services E-Mail: Administration Secondary Contact: Martha Benn Estimated Time: Lee Tuneberg tuneberl@ashland.or.us Tina Gray Consent Agenda Question: Will the City Council, acting as the Local Contract Review Board, approve the award of a public contract to Tristar Risk Management for Workers' Compensation Third Party Administration Services? Staff Recommendation: Staff recommends that the public contract be awarded to Tristar Risk Management. Background: The sourcing method for this public contract is a Competitive Sealed Proposal/Request for Proposals. The RFP was mailed to eleven (1 ]) recipients and the City received two (2) proposals in response to the RFP. An evaluation committee consisting of two City employees scored each proposal in accordance with the evaluation criteria established within the RFP. The RFP Evaluation Summary is attached for your review. The evaluation committee is recommending the public contract for Workers' Compensation Third Party Administration Services be awarded to Tristar Risk Management. Under the terms of the proposed contract, the contract will be awarded for a period of one (I) year with the option of two (2) one-year extensions, for a maximum term of three (3) years. Related City Policies: Section 2.50,070 Procedure for Competitive Bids All Public Contracts shall be based upon Competitive Bidding pursuant to ORS 279A - 279C and the Attorney General Model Rules, OAR Chapter] 37 Divisions 46 - 49, except for the following: Council Options: City Council, acting as the Local Contract Review Board, can approve (or decline) the award ofa public contract to Tristar Risk Management. Potential Motions: City Council, acting as the Local Contract Review Board, can move to approve (or decline) the award of a public contract to Tristar Risk Management Attachments: RFP Evaluation Summary Page 1 of 1 ~~, 00 ~ u .... ;> Q:: ~ 00 z o .... I-- ~ I-- 00 .... Z ..l....... ~~'" OOQE O~Eo "<:l~><=8 s:: 1--00.... -SlQ::Q::= ""'~~o ~Q::~~ 'c>~Q~ b Q::.. _I--:t~ C,j~I--," ;:J z '" 0' 0 ~9o Q::I--'" ~~ 00 Z ~ ~ ~ o u 00 Q:: ~ Q:: o ~ ..... .... ... " ., E " " " Q " :o~ .- c '" .- '" 0 &~ c:!! ... .. - -c u . I>.Il ,~ o " 00 '" ;, '~ C. o .. ~ .... = " e .. I>.Il '" = '" ~ ..:.: '" ii! .. '" - '" .~ ... I-- Q -' '" '" .., ... ;! z ~ .., Ii: ;: ~ .., 5 "N ~::rt > Ul 5 " ,- o;~ > Ul " = .... '" '6 ,~ '" u = '; - = = o 6 ... .. .- = .... Q -' '" '" .., ... Q Z Z '" ~ 0 <( .. ~ .., 5 "N .2~ ~ Ul 5 " ,- ~~ Ul lI'l V') V') ..,.. <"1 V') V') ..; " - - " ...J -;;; " _ u - c 'E ,;:! "'p.. ~ E ... 0 I--U en'- C 0 " " - - c oj O~ U '_ '-1:: o " "U .g g I-- 0 oJ"- ~-;;; ~ 13 " C. '::J 0 '- ... f-~ ..... r- ..... V') 0\ lI'l ..... ..,.. ..... o .... '<t .... r- '<t .... o N E oj " f- C " o u u ~ "" c oj '" " u C " ... ~ " ~ ",' c .S - oj u <+:: -;;; " CY E <2 ... " 0.. o - ~ :E ~ '1;l c oj c oj ;:;:: " () 'E " VJ 1l '" '" 8 o '_ o.c e " ~VJ .... ..,.. .... '<t .... V') <"1 .... '<t .... ..,.. ..... V') .... <"1 .... V') .... V') .... , ~ VJ :E ~ ~ 5 - '" >, '" c ,S - oj E <2 c .... '" E j 'OJ u ..., ..,.. lI'l ..... 0, o 0\ 0, 0\ 0\ o .... '0 ... - c o U >, :<:: -;;; " CY lI'l lI'l .... V') '<t .... ..,.. ..... V') .... <"1 .... V') .... '" 1:: o 0. " ~ ~ ..,.. .... V') <"1 .... N .... o .... N .... V') .... " '3 "" " ..c u VJ " " "- r- lI'l V') V') ..,.. '<t '<t V') '" c .g '6 c o U "" c oj '" E " f- -;;; 2 u oj ... - c o U 00 ..,.. 0, '<t 0\ N 0\ ~ 00 o 00 r- oo o o .... ..l ~ I-- o I-- co ;:J 00 r- V') o lI'l r- o o '" " u 'E " VJ -;;; C o 'Z '6 "" <( 0, ..... o .... 0\ 0\ N o ..... 0, r- oo r- 0\ o .... ..... ..l ~ I-- o I-- . " u E " '" .., .. ... .~ ~ c " .. c a u .~ " ~ c ,. I C:- o E E , '" .~ " , 0; > Ul .. u. '" CITY OF . ASHLAND Council Communication Water Master Plan Update- Ashland Water Advisory Committee Member Adjustment Meeting Date: January 4,20] ] Primary Staff Contact: Michael R. Faught Department: Public Works E-Mail: faughtm@ashland.or.us Secondary Dep!.: N/A Secondary Contact: Pieter Smeenk Approval: Martha Benne Estimated Time: Consent Agenda Question: Will the Council reclassiJy Kate Jackson's Ashland Water Advisory Committee (A W AC) appointment /Tom City Council Member to Member "at-large"? Staff Recommendation: Staff recommends that Council approve the reclassification of Kate Jackson's Ashland Water Advisory Committee (A W AC) appointment /Tom City Council Member to Member "at-large". Background: At the March 16, 20] 0 City Council meeting, the Council approved the Mayor's recommendation to appoint two of three "at-large" members and both Councilor's Jackson and Voisin as co-liaisons to A W AC. Vanya Sloan subsequently elected to withdraw her name from the A W AC due to scheduling conflicts, leaving an "at-large" seat open. At the May 4,2010 City Council meeting, the Council approved the Mayor recommendation to appoint Donald Morris as an "at-large" member of the A W AC to fill the vacancy created by Vanya Sloan. Since that time A W AC has been engaged in several meetings where they have developed level of service goals, conservations goals, and have narrowed water supply alternatives down to four. ]n addition, the committee will be hosting a public meeting to discuss the final water supply options on January 19,2010. With Kate Jackson leaving the Council, she will no longer be able to serve as the Council Liaison after January 1,20] ] and as such, the Mayor is recommending that Ms. Jackson's membership to A W AC be reclassified /Tom Council Liaison to "at-large" member. As a reminder, the current A W AC membership list is as follows: ]. Donna Mickley, Forest Service 2. Darrell Boldt, SDC Committee 3. Alex Amarotico, Chamber of Commerce 4. John Williams, Forest Lands Commissioner 5. Amy Patton, Environmental Advocate 6. Leslie Adams, Environmental Advocate 7. Pat Acklin, At-Large 8. Donna Rhee. At-Large Page I of2 ~~, CITY OF ASHLAND 9. Kate Jackson, City Council Member 10. Carol Voisin, City Council Member ] I. Donald Morris, At-Large Council Options: (I) The Council could decide to reclassify Kate Jackson's membership from Council Liaison to at- large member to the A W AC Committee; (2) The Council could decide not to reclassify Kate Jackson's membership from Council Liaison to at- large member to the A W AC Committee; (3) The Council could decide to appoint a new. Council member as co-liaison to the A WAC Committee. Potential Motions: (I) Move to reclassify Kate Jackson's membership from Council Liaison to at-large member to the A WAC Committee; (2) Move not to not to reclassify Kate Jackson's membership from Council Liaison to at-large member to the A W AC Committee; (3) Move to appoint a new Council member as co-liaison to the A W AC Committee. Attachments: AWAC Charter Page 2 of2 ~~, ASHLAND WATER REUSE AND CONSERVATION STUDY & WA TER MASTER PLAN ADVISORY COMMITTEE - CHARTER - PURPOSE: Ashland is committed to undertaking an integrated Water Reuse and Conservation Study and Water Master Plan (Water Program) to address long-term water supply including climate change issues, security and redundancy, watershed health, conservation and reuse, and stream health. The Water Program will address Ashland's multiple water sources & multiple options for combining them to meet demands while considering climate change, improving reliability of supply and increasing environmental stewardship. The purpose of the Ashland Water Advisory Committee is to provide a link with the community and to involve impacted persons and interest groups with Ashland's Water Supply Planning Program and Utility. The Advisory Committee will provide critical local input to the planning and policies that will guide the Water Supply Utility to defining goals, objectives and rate structure. DUTIES: 1. Identify and prioritize community issues, goals, and concerns related to the Water Master Plan including water conservation, water recycling, public health protection, water supply reliability, and water quality. 2. Work with City staff, the Technical Review Committee, and the consultant team to adopt level of service goals for the Water Master Plan. 3. Review planning alternatives and planning recommendations and comment on their ability to satisfy the established level of service goals and address other identified community goals, issues, and concerns. . 4. Assist in gaining community input into the planning process and educating the community about water planning issues. AUTHORITY: The Ashland Water Advisory Committee (AWAC) is to be established in accordance with Ashland's committee policies and wili be in existence throughout development and implementation of the program. The purpose of this Committee is to serve as an advisory group to the City and its water staff. As such, its authority will be limited to collecting information, conducting analyses and making recommendations. All position statements or recommendations of the Committee will be transmitted by its Chairman to the City Council. ORGANIZATION: The AWAC will be chaired by a person [appointed by the Mayor or] selected by fellow Task Force members. The Chairperson will establish the rules of order and conduct all meetings. Each member wili have one vote except for the Chairperson who will serve as a non-voting member except in the case of ties. City staff will provide direct support to the Committee and its Chairperson. A Technical Review Committee consisting of the Director of the Talent Irrigation District, the Ashland Water Department Project Manager, Treatment Plant Operator, Distribution System Operator and Water Conservation Officer will provide technical support, input and oversight to the AWAC. MEETINGS: It is anticipated that the Committee will meet approximately once every two months over the next 16 months. The day of week and time for meetings will be established by the Task Force at its initial meeting. The actual date of each meeting will be set by the Chairperson. As the program takes shape additional meetings or subcommittee meetings may be requested by the Chairperson. An initial schedule for committee meetings with suggested agendas is attached. The agenda for eacti meeting will be established by the Chairperson and distributed to each member prior to the meeting. Suggestions for agenda items may be made to the Chairperson by any member. A majority of the total number of Task Force members may amend the agenda at any meeting. Position statements regarding issue papers must be approved by a majority of the total number of Committee members. The Chairperson will document issues raised by the Committee as well as any recom- mendations from the Committee and transmit them to the City. Meeting summaries will be kept by Project staff and transmitted with the agenda and supporting materials to each member prior to the subsequent meeting. All summaries or other written communications from the Committee may be amended with approval of a majority of the total number of Committee members. Members of the Committee will not be compensated for their services or the expense of attending meetings. " REPRESENTATION: (suaaested\ City Council Member; Neighborhood/Community Group(s); School District Committee; Ashland Downtown Association; Chamber of Commerce, Home Builders Association; Ashland Hospital, Ashland Fire Department; WISE Project, Ashland Coalition, Utility System Development Charges (SDC) Committee, League of Women Voters, Environmental Group(s), others. Suggested Committee size of 9. PROPOSED MEETING SCHEDULEfTOPIC: (suaaested\ . February - Kick-off, Intro to Program and background, Intro to Level of Service Goals . April - Finalize Level of Service Goals . June - Water Rights, Environmental Impacts, Climate Change . August - Supply Alternatives . October - Alternatives Analysis and Selection Workshop . December - Draft Water Reuse and Conservation Study . February - Draft Master Plan and SDC/Rates . April - Final Meeting PROPOSED ASSOCIATED MEETINGS: (suaaested\ . March - Public Hearing (Program Intro and Public Listening Session) . May - Report to City Council . September - Public Hearing (Program Update and Listening Session) . November - Report to City Council . April - Final Report to City Council CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Acceptance of a Connect Oregon III Engineering Design Grant for the current Airport Improvement Project January 4, 20] I Primary Staff Contact: Public Works E-Mail: Administration Secondary Contact: Martha Benne Estimated Time: James. Olson olsonj@ashland.or.us Scott A. Fleury ] 5 Minutes Question: Will the Council accept an Oregon Department of Transportation (ODOT) Connect Oregon 1lI matching grant for the Airport Improvement Project-Runway (AlP) Rehabilitation and Precision Approach Path Indicator (PAPI) light installation in the amount of$9,769.00? Staff Recommendation: Staff recommends that Council accept an ODOT Connect Oregon 1lI matching grant for the Airport Improvement Project-Runway Rehabilitation and Precision Approach Path Indicator light installation in the amount of$9,769.00. Background: Action Summary On June 16,2009 the Council approved a $] 95,399 engineering design contract with Reid Middleton for the Airport Improvement Project (AlP). The AlP project included design for the Runway Rehabilitation and Precision Approach Path Indicator (P API) light installation at the Ashland Municipal Airport. A Federal Aviation Administration (FAA) non-primary entitlement grant funded 95% of the design engineering costs with the remaining 5% to be provided by the City as a match. The Connect Oregon llI-Rural Airport Grant Program will fund the project match amount for the non- primary entitlement grant. History , In 2009 the FAA approved the City's engineering design services project for reconstruction of Runway 12/30 and installation of Precision Approach Path Indicators (PAPI's) at the Ashland Municipal Airport. The design phase of this project was funded from a non-primary entitlement grant in the amount of $199,000. The non-primary entitlement grant has a 5% match requirement. The City of Ashland consequently applied for a Connect Oregon 1lI Rural Airport grant to cover the required 5% matching funds for the project. As part of the Connect 1lI process the legislature specifically set aside 5 million dollars for rural airport allocations to assist smaller municipalities in meeting the required FAA 5% match. The City of Ashland was presented with a grant offer from the Oregon Department of Transportation for $9,769. Page I of2 ~~, CITY OF ASHLAND Proiect Need The Ashland Municipal Airport was developed at its present site in 1970. Over the ensuing years it has been expanded, maintained and reconstructed primarily through grants from the Federal Aviation Administration (FAA) and the Oregon Department of Aviations (ODA). Over the past several years, Runway 12/30 has developed numerous longitudinal and transverse cracks, some of which can be 2 to 3 inches in width. Numerous surface treatments for crack control have been applied including flexible crack seals, pavement inlays and slurry seals, but none have proven to be 100% effective. The most recent studies have indicated that a full pavement reconstruction is warranted. In addition to the runway reconstruction, it was also recommended by staff to replace the existing Visual Slope Indicator Lights (V ASI) located at each end of the runway with current technology. The old V ASI systems are no longer supported by suppliers, are outdated and their function has been replaced with Precision Approach Path Indicator lights (P API). Both projects are included under this one FAA entitlement project Budget Summary The FAA non-primary entitlement grant allowed the City of Ashland to fund the design of the AlP project. Shown below in Table I is the financial breakdown for the runway rehabilitation project. Table L FAA Non-Primary Entitlement Grant 5% City Match - Connect III monies $ $ Budget Totals $ 199,000.00 9,769.00 208,769.00 Related City Policies: The Council has authority to enter into agreements and to accept grants offered by other governmental agencies. Council Options: . Council may approve the attached Connect Oregon III Grant Agreement to cover the required 5% match for the Airport Improvement Project, in the amount of$9,769.00; . Council may reject the Grant Agreement. Potential Motions: . Move to approve the Connect Oregon III Grant Agreement in the amount of $9,769.00; . Move to reject the Grant Agreement. Attachments: Connect Oregon]]] Rural Airport Grant Agreement Page 2 of2 ~~, Misc. Contracts and Agreements No. 27016 GRANT AGREEMENT ConnectOregon III MULTIMODAL TRANSPORTATION FUND PROGRAM 2010 RURAL AIRPORT FUND Design, Runway Overlay, PAPllnstallation THIS GRANT PROGRAM AGREEMENT, hereinafter referred to as "Agreement" is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "ODOT," and the City of Ashland, acting by and through elected officials, hereinafter referred to as "Recipient," hereinafter individually referred to as the "Party" and collectively referred to as the "Parties." RECITALS 1. By the authority granted in Oregon Revised Statute (ORS) 190.110, 366.572, and 366.576, state agencies may enter into agreements with counties, cities, and units of local government for the performance of any or all functions and activities that a party to the agreement, its officers, or agents have the authority to perform. 2. By the authority granted in ConnectOregon Partnership - Program Administration Agreement No. 26593, between the Oregon Department of Aviation and ODOT, incorporated herein and by this reference made a part hereof, ODOT may enter into this Agreement for the performance of work on Projects. 3. Pursuant to ORS 367.080 through 367.086, there is established the Multimodal Transportation Fund, separate and distinct from the General Fund, allowing for the issuance of lottery bonds for the purpose of financing grants and loans to fund Transportation Projects to public bodies and private entities that involve air, marine, rail or public transit. The Multimodal Transportation Fund Program is focused on improving the connections between air, rail, marine and transit modes of transportation to reduce transportation costs to businesses, remove key bottlenecks, and increase connectivity. 4. Pursuant to Enrolled House Bill 2001, Sections 9 and 10, The Oregon State Legislature authorized the Oregon Transportation Commission to allocate five percent of the net proceeds from the $100,000,000 lottery bond sale for the biennium beginning July 1, 2009. Five percent of the net proceeds of the $100,000,000 sale of lottery bonds are allocated to Rural Airports in Section 10(1) of Chapter 865, OL 2009. Recipient/ODOT Agreement No. 27016 5. The receipt and use of Multimodal Transportation Funds and the execution of this Agreement by Recipient are subject to conditions imposed by ORS 367.080 through r 367.086 and Oregon Administrative Rule (OAR) Chapter 731 Division 35. , " 6. The Oregon Transportation Commission approved the projects to be funded under the Multimodal Transportation Fund Program at its August 2010 meeting. The OTC has set specific conditions on all approved projects and the inability to meet these OTC conditions may result in a loss of project funding. Final approval for the Project is subject to meeting all the OTC conditions as stated below. 7. Safety is of paramount concern to ODOT. ODOT encourages Recipients of ConnectOregon grant funds to have safety as a high priority for all phases of work. DEFINITIONS 1. The Multimodal Transportation Fund Program also known as "ConnectOregon" as set forth in ORS 367.060 and OAR Ch. 731, Div. 35, is a legislatively authorized lottery-bond-based initiative to invest in air, rail, public transit, and marine transportation projects in Oregon. 2. Recipient, as defined in OAR 731-035-0020(19), means an Applicant that enters into Agreement with ODOT to receive funds from the Multimodal Transportation Fund. 3. ConnectOregon Oversight Committee is to be composed of (A) ConnectOregon Program Manager, (8) Oregon Department of Aviation Director (ODA), (C) ODOT Chief of Staff, (D) ODOT Freight Mobility representative, (E) ODOT Region representative, (F) ODOT Rail Division Administrator and (G) a non-agency representative, appointed by ODOT's ConnectOregon Program Manager to address , the ConnectOregon Program and Project specific issues. NOW THEREFORE, the premises being general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as follows: TERMS OF AGREEMENT 1. Under such authority, ODOT and Recipient agree that Recipient shall provide consultant engineering for Runway 12/30 overlay and PAPI installation at the Ashland Municipal Airport, hereinafter referred to as "Project." The location of the Project is approximately as described in the application, which is attached hereto by reference and made a part hereof. The anticipated date of completion for this Project is June 30, 2010. 2 Recipient/ODOT Agreement No. 27016 2. The Project cost is estimated at $195,398, which is subject to change. The ConnectOregon III grant funds are limited to $9,769 or five (5) percent of the total federal grant eligible Project costs, whichever is less. Eligible costs for this Project will be reimbursed at five (5) percent until the $9,769 limit is reached. ODOT will reimburse Recipient for five (5) percent of the invoiced federal grant Project costs, which are approved and reimbursed by the Federal Aviation Administration (FAA). at FAA's proportional share, for grants received on or after July 1. 2009 and before July 1, 2011. If the Project is not completed in accordance with, or consistent with, the Application No. 2010-RA-060. and documents provided by the Recipient to ODOT prior to the execution of the Agreement, incorporated by reference into this Agreement, and this Agreement, as they each may be amended, Recipient shall pay back all of the ConnectOregon III grant funds to ODOT. Any funds disbursed but not used for the approved Project must be returned to ODOT. 3. The term of this Agreement is effective on the date all required signatures are obtained and shall terminate five (5) years from the date of execution unless extended by a fully executed amendment. This Agreement will expire and grant funds will be terminated and redistributed by the Oregon Transportation Commission if this Project Agreement is not executed within one-hundred-eighty (180) days of the Oregon Transportation Commission's grant award date. RECIPIENT OBLIGATIONS 1. Recipient shall perform the work described in Terms of Agreement, Paragraph number 1 above. 2. Recipient shall comply with all requirements of ORS 367.080 through ORS 367.086 and Oregon Administrative Rule (OAR) Chapter 731, Division 35. 3. Recipient shall submit to ODOT's Project Liaison for review and approval, monthly invoices for approved eligible costs. Recipient shall also submit monthly progress reports by the first Wednesday of each month. a. The invoice must adhere to generally accepted accounting principals and will identify the Project. Agreement number, the Project start and end date, .the invoice number or the account number or both, and will itemize all expenses as well as provide a detailed breakdown of funds expended to date and dollars remaining. b. The monthly progress report will be prepared using the, ConnectOregon Rural Airports Monthly Progress Report (Form 734-2816) attached hereto by reference and made a part of this Agreement, and will be submitted to the ODOT Project Liaison and the ODOT ConnectOregon Program Manager. the first Wednesday 3 RecipienUODOT Agreement No. 27016 of each month. The fiIIable form can be downloaded on-line at the following address: http://www.oreQon.Qov/ODOTlHWY/LGS/online.shtml c. Key Milestones for this Project are: j}ol () ~ i. Project start date: June 22,.J0e9 pc-.- ii. Project completion date: June 30,.2G+tl f}-o 1/ d. If the Recipient anticipates the Project key milestones will be delayed by more than ninety (90) days from the key milestones shown above, Recipient shall submit a Request for Change Order (Form 734-2819) to the ODOT's Project Liaison as soon as Recipient becomes aware of any possible delay. The Request for Change Order must be submitted prior to the milestone completion date shown in paragraph 2cii above. The tillable form can be downloaded on-line at the following address: http://www.oreQon.Qov/ODOTlHWY/LGS/online.shtml. Any changes to the Project delivery schedule must be approved by the ConnectOregon Oversight Committee prior to execution of an amendment to this Agreement. The ConnectOregon Oversight Committee may choose to request review by the Oregon Transportation Commission. A Request for Change Order may be rejected at the discretion of the Oversight Committee. e. Recipient understands that no changes to the Project scope will be allowed. f. Recipient's obligation to maintain and operate the Project will survive termination of this Agreement. 4. Recipient shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this Agreement, including, without limitation, the applicable provisions of ORS 279A, 279B and 279C, as applicable, incorporated herein by reference and made a part hereof. Without limiting the generality of the foregoing, Recipient expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and 'rehabilitation statutes, rules and regulations. 5. Recipient shall, to the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, indemnify, defend, save, and hold harmless the State of Oregon, Oregon Transportation Commission and its members, Oregon Department of Transportation, its officers and employees from any and all claims, suits, or action of 4 Recipient/ODOT Agreement No. 27016 any nature arising out of activities of Recipient, its consultant, its contractor, its officers, subcontractors, agents, or employees under this Agreement. ,If Recipient is a local public agency, then Recipient's total liability shall not exceed the tort claims limits providing in the Oregon Tort Claims Act, ORS 30.260 and 30.300 for "local public bodies." 6. Notwithstanding the foregoing defense obligations in the paragraph above, neither Recipient nor any attorney engaged by Recipient shall defend any claim in the name of the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. The State of Oregon may, at anytime at its election assume its own defense and settlement in the event that it determines that Recipient is prohibited from defending the State of Oregon, or that Recipient is not adequately defending the State of Oregon's interests, or that an important governmental principle is at issue or that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights to pursue any claims it may have against Recipient if the State of Oregon elects to assume its own defense. 7. Recipient acknowledges and agrees that ODOT, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Recipient which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of six (6) years after final payment. Copies of applicable records will be made available upon request. Payment for costs of copies is reimbursable by the requesting Party. 8. If Recipient enters into a construction contract for performance of work on the Project, then Recipient will require its Contractor to provide the following: a. Contractor shall indemnify, defend and hold harmless ODOT from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature whatsoever resulting from, arising out of, or relating to the activities of Contractor or its officers, employees, subcontractors, or agents under the resulting contract. b. Contractor and recipient shall name ODOT as a third party beneficiary of the resulting contract., c. Commercial General Liability. Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the resulting contract, Commercial General Liability Insurance covering bodily injury, and property damage in a form and with coverages that are satisfactory to ODOT. This 5 Recipient/OOOT Agreement No. 27016 insurance will include personal and advertising injury liability, products and completed operations. Coverage may be written in combination with, Automobile Liability Insurance (with separate limits). Coverage will be written on an occurrence basis. If written in conjunction with Automobile Liability the combined single limit per occurrence will not be less than $ 1,000,000 for each job site or location. Each annual aggregate limit will not be less than $2,000,000. d. Automobile Liability. Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the resulting contract, Commercial Business Automobile Liability Insurance covering all owned, non-owned, or hired vehicles. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits). Combined single limit per occurrence will not be less than $1,000,000. e. Additional Insured. The liability insurance coverage, except Professional Liability, Errors and Omissions, or Workers' Compensation, if included, required for performance of the contract will include OOOT and its divisions, officers and employees as Additional Insured but only with respect to Contractor's activities to be performed under the resulting contract. Coverage will be primary and non-contributory with any other insurance and self- insurance. f. Notice of Cancellation or Change. There will be no cancellation, material change, potential exhaustion of aggregate limits or non-renewal of insurance coverage(s) without thirty (30) days written notice from Contractor's or its insurer(s) to OOOT. Any failure to comply with the reporting provisions of this clause will constitute a material breach of contract and will be grounds for immediate termination of the resulting contract. 9. Recipient, and its Contractors, shall work as independent contractors and shall be exclusively responsible for all costs and expenses related to its employment of individuals to perform the work under this Agreement including, but not limited to, retirement contributions, workers' compensation, unemployment taxes, and state and federal income tax withholdings. 10.AII employers, including Recipient, that employ subject workers in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Recipient shall ensure that each of its subcontractors complies with these requirements. 6 RecipienUOOOT Agreement No. 27016 11. Recipient and OOOT's Project Liaison shall, upon oompletion of all on-site work for the Project, perform an on-site review. Once review is completed, the OOOT Project Liaison shall recommend acceptance of the Project by signing the ConnectOregon Rural Airport "Recommendation of Acceptance" (Form 734-2817), which will be signed by the OOOT Project Liaison and Recipient and is hereby incorporated by reference. The full text of the above referenced exhibit may be reviewed and downloaded at the following web address: http://www .oreqon .qov/OOOT IHWY ILGS/onl ine.shtm I 12. Recipient shall, at its own expense, maintain and operate the Project upon completion and throughout the useful life of the Project at a minimum level that is consistent with normal depreciation or service demand or both. OOOT and Recipient agree that the useful life of this Project is defined as twenty (20) years. Recipient has, by submitting its application for this ConnectOregon III grant, represented and certified to sufficient funds and to its ability to operate and maintain the Project. OOOT may conduct periodic inspections following the execution of this Agreement to verify that Project is being properly maintained and continues to serve the purpose for which ConnectOregon III grant funds were provided. 13. Maintenance responsibilities and potential OOOT inspections of the Project shall survive any termination of this Agreement. 14. Recipient certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of Recipient, under the direction or approval of its governing body, commission, board, officers, members, or representatives, and to legally bind Recipient and shall provide OOOT proof of such authority upon request. 15. Recipient's Project Manager is Scott A. Fleury, 20 East Main St, Ashland, OR, 97520; 541-552-2416; f1eurys@ashland.or.us, or assigned designee upon individual's absence. OOOT's Project Liaison and OOOT's ConnectOregon Program Manager shall be notified in writing of any oontact information changes during the term of this Agreement. OOOT OBLIGATIONS 1. Based upon the ConnectOregon III Rural Airport Program grant fund allocation allowed, OOOT agrees to pay Recipient $9,769, or five (5) percent of the total eligible Project costs, whichever is less. Eligible costs for this Project will be reimbursed at five (5) percent until the $9, 769 limit is reached. 7 Recipient/OOOT Agreement No. 27016 2. OOOT shall, upon receipt of a monthly invoice and updated monthly progress report on the Project schedule, review for approval and make payment to Recipient for , approved eligible costs. 3. This Agreement is contingent upon issuance and sale of lottery bonds sufficient to fund this Project. The Agreement is effective and work may begin upon execution of this Agreement, but OOOT's obligation to make Project payments is contingent upon the issuance and sale of lottery bonds by the State Treasurer. 4. OOOT shall monitor the Project for compliance and notify Recipient in writing if it appears Recipient is failing to comply with Multimodal Transportation Fund Program requirements as specified in ORS Chapter 367; OAR Chapter 731, ~ivision 35, the terms of this Agreement, Recipient's application and documents provided by the Recipient to OOOT prior to the execution of the Agreement. 5. OOOT may impose sanctions against Recipient for failing to comply with the requirements governing the Multimodal Transportation Fund Program. Before imposing sanctions, OOOT will send a notice to cure to Recipient if Recipient fails to comply with Program requirements. OOOT will allow fifteen (15) days from the date the notice to cure is sent for Recipient to respond and correct the deficiencies noted. The following circumstances may warrant sanctions: a. Work on the approved Project has not been substantially initiated within six (6) months of the effective date of this Agreement or if continuous progress on the Project has not been maintained for six (6) months; b. State of Oregon statutory requirements have not been met; c. There is a significant deviation from the terms and conditions of this Agreement or representations of Recipient's application and documents provided by the Recipient to OOOT prio'r to the execution of the Agreement; d. Significant corrective actions have been found to be necessary to protect the integrity of the funds for the approved Project, and those corrective actions are not, or will not, be made within a reasonable time; e. Key Milestones shown in the Project schedule are delayed by more than ninety (90) days; f. Failure to submit monthly progress reports as required in Recipient Obligations, Paragraph number 2. 8 Recipient/ODOT Agreement No. 27016 6. One or more of the following sanctions may be imposed if the circumstances listed above are not remedied within the time specified in the notice to cure: a. Revocation of an existing award; b. Withholding of unexpended funds; c. The return of unexpended funds or repayment of expended funds; d. The barring of Recipient from applying for future assistance; or e. Other remedies that may be incorporated into this Agreement. 7. The remedies set forth in this Agreement are cumulative, are not exclusive, and are in addition to any other rights and remedies provided by law or under this Agreement. 8. ODOTs Project Liaison and Recipient shall, upon completion of all on-site work for Project, perform an on-site review. Once review is completed, the ODOT Project Liaison shall recommend acceptance of the Project by signing the ConnectOregon Recommendation of Acceptance (Form 734-2817), which will be signed by the ODOT Project Liaison and Recipient. Upon receipt of signatures by the Parties the ODOT Project Liaison shall forward the original signed copy to the ODOT ConnectOregon Program Manager. 9. ODOTs ConnectOregon III Project Liaison is Randi Kobernik, Local Government Section, 355 Capitol St. NE, Salem, OR 97301-3871, 503.986.3734, randi.kobernik@odot.state.or.us, or assigned designee upon individual's absence. 10.0DOTs ConnectOregon III Program Manager is Carol Olsen, Local Government Section, 355 Capitol St. NE, Salem, OR 97301-3871, 503.986.3327, caro/.a.olsen@odot.state.or.us, or assigned designee upon individual's absence. GENERAL PROVISIONS 1. This Agreement may be terminated effective upon delivery of written notice to Recipient, or at such later date as may be established by ODOT under any of the following conditions: a. If Recipient fails to perform any of the provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and within ten (10) days or such longer period as 9 Recipient/ODOT Agreement No. 27016 ODOT may authorize, after receipt of written notice from ODOT, fails to correct such failures. b. The Legislature fails to approve, reduces, eliminates or otherwise interferes with appropriations of state expenditure limitation to the extent that legal authority is insufficient to enable ODOT, in its reasonable discretion, to continue making payments under this Agreement. c. ODOT, the Department of Justice, or a court of competent jurisdiction determines that state law, rules, regulations, or guidelines are modified, changed, or interpreted in such a way that the activities described in Terms of Agreement, Paragraph number one (1) are no longer allowable or no longer eligible for funding proposed by this Agreement. 2. ODOT may impose one or more of the sanctions described under ODOT Obligations, Paragraph number six (6), without prior notice and without opportunity to cure, in the event ODOT determines: a. Statements, information, or representations in the ConnectOregon III application and documents provided by the Recipient to ODOT prior to the execution of the Agreement for this Project were false, misleading, fraudulent or misrepresentations; or b. There has been a change in circumstances so that information provided in the application and documents provided by the Recipient to ODOT prior to the execution of the Agreement, and relied upon in making the grant or loan, or representations concerning considerations in the selection of this Project for ConnectOregon III, pursuant to OAR 731-035-0060, are no longer true or accurate. 3. Recipient may terminate this Agreement effective upon delivery of written notice to ODOT under any of the following conditions: a. ODOT fails to make payments due under this Agreement, or b. ODOT fails to perform any of the provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and within ten (10) days or such longer period as Recipient may authorize, after receipt of written notice from Recipient, fails to correct such failure. 4. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 10 Recipient/ODOT Agreement No. 27016 5. ODOT and Recipient are the only Parties to this Agreement and, as such, are the only Parties entitled to enforce its terms. Nothing in this Agreement gives or shall be construed to give or provide any benefit, direct, indirect or otherwise to third persons unless such third persons are expressly identified by name and specifically described as intended to be beneficiaries of its terms. 6. ODOT and Recipient hereto agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict with any law, the validity of the remaining terms and provisions will not be affected, and the- rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. 7a.The laws of the State of Oregon without giving effect to its conflicts of law principles govern all matters arising out of or relating to this Agreement, including, without limitation, its validity, interpretation, construction, performance, and enforcement. b.Any Party bringing a legal action or proceeding against any other party arising out of or relating to this Agreement shall bring the legal action or proceeding in the Circuit Court of the State of Oregon for Marion County. Each party hereby consents to the exclusive jurisdiction of such court, waives any objection to venue, and waives any claim that such forum is an inconvenient forum. c. Notwithstanding subsection (b), if a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for the District of Oregon. This section applies to a claim brought against the State of Oregon only to the extent Congress has appropriately abrogated the State of Oregon's sovereign immunity and is not consent by the State of Oregon to be sued in federal court. This section is also not a waiver by the State of Oregon of any form of immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States. 8. This Agreemeni may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 9. This Agreement, Project application and documents provided by the Recipient to ODOT prior to the execution of the Agreement, constitute the entire agreement between the Parties on the subject matter hereof. In the event of a conflict, the body of this Agreement will control over the Project application and documents provided 11 Recipient/ODOT Agreement No. 27016 by the Recipient to ODOT. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent. modification or change of terms of this Agreement shall bind either Party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modifica.tion or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of either Party to enforce any provision of this Agreement shall not constitute a waiver by that Party of that or any other provision. THE PARTIES, by execution of this Agreement, hereby acknowledge that each Party has read this Agreement, understands it, and agrees to be bound by its terms and conditions. The Oregon Transportation Commission on December 28. 2008, approved Delegation Order No.2, which authorizes the Director to approve and execute agreements for day- to-day operations. Day-to-day operations include those activities required to implement the biennial budget approved by the Legislature, including activities to execute a project in the Statewide Transportation Improvement Program. Signature Page to Follow 12 RecipientlODOT Agreement No. 27016 The Oregon Transportation Commission at its August 2010 meeting approved the ConnectOregon III project application list and delegated authority to the Director of the Oregon Department of Transportation to enter into project agreements. CITY OF ASHLAND, acting by and STATE OF OREGON, by and through through its elected officials its Department of Transportation By By Director Date Date By APPROVAL RECOMMENDED Date APPROVED AS TO LEGAL SUFFICIENCY By Local Government Section Manager Date By Recipient Counsel APPROVED AS TO LEGAL SUFFICIENCY Date By Assistant Attorney General Recipient Contact: Scott A. Fleury City of Ashland 20 East Main St Ashland, OR 97520 541-552-2416 f1eurys@ashland.or.us Date ODOT Contact: Randi Kobernik, Local Government Section 355 Capitol SI. NE Salem, OR 97301-3871 503-986-3734 randi. kobernik@odol.state.or.us 13 CITY OF ASHLAND Council Communication Adoption of Resolution Creating the AFN Executive Advisory Board Meeting Date: January 4,201] Primary Staff Contact: Rob Lloyd Department: Information Technology E-Mail: Ilovdr@.ashland.or.us Secondary Dept.: None Secondary Contact: Michael Ainsworth Approva]: Martha Benne Estimated Time: ] 5 Minutes Question: Shall City Council adopt a resolution creating the AFN Executive Advisory Board? ]f approved, which two Council members does City Council name to serve on the board until its dissolution? Staff Recommendation: Staff recommends Council adopt the attached resolution and appoint two members to serve on the Board. Background: The Strategic Business Plan for Ashland Fiber Network set a goal of forming an Executive Advisory Board to provide City Council with specialized input on management of a telecommunications utility. The goal resulted from input provided during Council's July ]9, 20]0, Study Session. The attached resolution creates a nine-person AFN Board to provide the desired input. The seven voting members consist of two incumbent members of City Council; three appointees with executive experience. in managing a telecommunications business of similar scope and scale; one Ashland citizen; and one current AFN vendor partner. ]n addition, the City Administrator and ]T Director would both serve as non-voting members. The Board will sunset on December 31. 2012, unless extended by the City Council. Responsibilities of the AFN Board include reviewing AFN's semi-annual update reports to Council; recommending changes in AFN's Strategic Business Plan when needed; reporting to Council when major industry events prompt review of AFN's direction and goals; and recommending to Council whether to approve AFN's capita] plan, rates and products, and annual carryover requests as submitted by AFN management. The AFN Board is designed to focus on long-term direction. AFN staff will continue to focus on operations and achieving the utility's goals. Related City Policies: ]) Ashland Fiber Network Strategic Business Plan (see the August] 7,20]0 Council packet.) Council Options: City Council can authorize the resolution as presented, or direct staff to make adjustments and bring the resolution back for consideration at a later time. Potential Motions: Move to [adopt/decline to adopt] the attached resolution for creation of the ad-hoc AFN Executive Advisory Board. Further, move that [two City Council members] serve on the AFN Board until its planned dissolution in December 2012. ' Attachments: Resolution Page 1 of 1 ~~, RESOLUTION NO 2011- A RESOLUTION DEFINING THE DUTIES AND RESPONSIBILITIES OF THE AD-HOC MUNICIPAL TELECOMMUNICATIONS UTILITY EXECUTIVE . ADVISORY BOARD RECITALS: A. The City of Ashland City Council requires specialized policy and technical input in reviewing the strategic direction of Ashland's municipal telecommunications utility. B. City Council seeks to affirm the expectations and composition of an ad-hoc advisory board consisting of executives capable of providing said input to City Council and City staff. C. Ashland's municipal telecommunications utility would benefit from the inclusion of external experts in setting and managing to its strategic goals. D. City Council believes that the telecommunications utility will benefit from external advice in implementing the first two-year phase of its Strategic Business Plan. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION I. Committee Established. The Ad-Hoc Telecommunications Utility Executive Advisory Board ("AFN Board") is established beginning February 1,2011 and shall consist of seven voting members. The AFN Board will automatically be dissolved on December 3 I, 2012. SECTION 2. Terms, Qualifications, Vacancies. I) All members will be appointed by the Mayor with confirmation by the City Council, except for City staff designated as ex-officio, non voting members. Members shall be named by City Council and serve until the dissolution of the AFN Board on December 31,2012. 2) Three voting members shall be executives with expertise in telecommunications and business. Executives must have experience in the successful management of telecommunications or businesses of similar scope and scale. To ensure expertise and continuity, "Executive Appointees" may be residents of other cities and states. 3) Two voting members shall be named from among incumbent City Council members as "Council Appointees". 4) One voting member will be a citizen at-large of the City of Ashland. The "Citizen Appointee" should have expertise in the telecommunications or information technology. 5) Qne representative shall be appointed from the municipal telecommunications utility's vendor partners. This "Vendor Appointee" must in. good-standing with the City, defined Page I of3 as meeting all contracted performance requirements and holding a City of Ashland business license. 6) The City's Director of Information Technology will be an ex-officio, non-voting member and shall serve as staff to the AFN Board. 7) The City Administrator and/or their designee shall also serve as an ex-officio, non-voting member of the AFN Board. 8) Any AFN Board member who is absent without prior permission from the chair for more than two meetings in a one-year period shall be considered inactive from the AFN Board and the position vacant. A new person shall be appointed by City Council to complete the term. 9) The AFN Board will elect a person to serve as Chair and Vice Chair from among the voting members at the first meteting of each calendar year. SECTION 3. Ouorum and Rules. Four voting members shall constitute a quorum. The AFN Board shall establish rules for its meetings as it deems appropriate and shall meet as many times as necessary, but no less than semi-annually. SECTION 4. Responsibilities. The committee shall be responsible for: I) Reviewing semi-annual reports from telecommunications utility management and making any recommendations about AFN as a result of its report to the City Council. 2) Recommending to the City Council updates and revisions to the municipal telecommunications utility's Strategic Business Plan. This may include significant revisions to the business model when needed. 3) Analyzing and reporting to the City Council any significant industry events or risks that require changing the strategic direction of the City's telecommunications utility. 4) Recommending to the City Council whether to accept the telecommunications utility's. capital plan, rates and products structure, and annual carryover requests. SECTION 5. Reports. The AFN Board shall submit copies of minutes of its meetings to the City Council and City Recorder. Reports or recommendations of the AFN Board shall be considered advisory in nature and shall not be binding on the Mayor or City Council. This resolution was duly PASSED and ADOPTED this _ day of takes effect upon signing by the Mayor. ,2011,and Barbara Christensen, City Recorder Page 2 of3 SIGNED and APPROVED this _ day of ,201 I. John Stromberg, Mayor Reviewed as to form: Megan Thornton, Interim City Attorney Page 3 of3 Council Communication Adoption of an Ordinance Creatin~ a Firewise Commission Meeting Date: January 4,2011 Primary Staff Contact: Martha Bennett Department: Administration E-Mail: bennettm@ashland.or.us Secondary Dept: Fire Department Secondary Contact: John Karns Approval: Martha Benne Estimated Time: 10 minutes Question: Will Council approve First Reading of an ordinance titled, "An Ordinance Relating to Creation of a Firewise Commission" and move the ordinance on to second reading? ' Staff Recommendation: Staff recommends approval of first reading of the ordinance. Background: The City of Ashland faces considerable risk from wildland fire. Ashland's risk of wildfire has been well-documented in both the State of Oregon and Jackson County wildfire risk assessments (State of Oregon Wildfire Risk Assessment 2005, Jackson County Integrated Fire Plan, 2005), as well as in the City's Community Wildfire protection Plan (CWPP). Factors include high housing density, narrow and winding streets, a finite water supply, commonly hot and dry days, a history of wildfires and ample fire starts, steep topography and highly flammable vegetation in and surrounding the community. Many educational and tactical wildfire prevention and mitigation activities have been made over the years by the City of Ashland. However, the most effective actions in preventing home ignition must be taken within 30-100 feet of a home, and having homeowners take responsibility for wildfire prevention is key to successfully preventing the loss of homes during a wildfire. Neighbors working together is key to comprehensive wildfire protection, since many Ashland residents are affected by their neighbors' properties. The National Fire Protection Association's (NFPA) Firewise Communities USA is a highly successful national program that addresses the particular needs of communities facing wildfire risks. It encourages homeowner responsibility in modifying vegetation and fire-resistant construction, allows partnerships between government and citizens, and works to unite communities under the common goal of reducing home ignition. The program offers standards of achievement and a recognition program with certification to the community once certain steps have been completed. A key component of the program is encouraging ongoing protection and participation, and it thus offers an annual recertification process to ensure the long term commitment to protection of homes from wildfire. A board made up of interested homeowners and residents is a requirement of the Firewise Communities program. The purpose of the Commission is to accept the wildfire risk assessment and to plan for mitigation activities based on the assessment. It is also responsible for the annual recertification process and truly acts as a guide for the community whcn addressing wildfire mitigation activities and funding for Firewise work. The initial stages ofFirewise certification in Ashland will require the efforts of smaller neighborhoods working together. These neighborhoods will report to the Firewise Commission and can work under Page I of2 ~~, their umbrella. Over time, the efforts of residents wil] be less neighborhood-based and more area- based. As the program becomes more widespread and cohesive, the Commission can work on a city- wide level to encourage wildfire prevention and mitigation activities, as well as renew the annual certification. Thus the Firewise Commission will act to unite the efforts of smaller neighborhoods over the years, maintaining this vita] program. Using the pre-existing area designations of the CERT program allows participation in a geographically meaningful way, while utilizing an existing system of boundaries. The goal is not to certify each and every home or neighborhood within each CERT area, but to provide some geographical relevance to the process. Benefits to the City include the use staff and volunteer time that is e1igib]e to use as matching funds for federal grants, many of which require a 25% local match. Establishing a Firewise Commission provides an accountable method to indicate to grant-requesting entities that Ashland has affirmed its dedication to wildfire risk. In addition, recognized Firewise Communities may also be eligible for more FEMA pre and post disaster hazard mitigation grants. NFPA's Firewise Communities USA program successfully meets the needs of high-risk communities by offering vu]nerable communities a structure for managing the risk. Many Firewise communities have survived the real life test of nearby wildfires, escaping unscathed from wildfire while neighboring communities have suffered losses. Firewise Communities is effective approach for mitigating wildfire risk, and having a citywide Firewise Commission to oversee the actions and plans of the participating neighborhoods is vital to its long term success. Related City Policies: . Community Wildfire Protection Plan, 2004 . Citizen Participation Plan, 2000 . Council Values, June 20] 0; Values of Participatory Government and Community .20] 0-201] Council Goals; Partnerships Potential Motions: Council can: . Approve ordinance creating a Firewise Commission . Amend ordinance . Table ordinance Attachments: Ordinance Map of Ashland neighborhoods Page 2 of2 ~~, -, ORDINANCE NO. AN ORDINANCE RELATING TO CREATION OF A FIREWISE COMMISSION Annotated to show deletions and additions to the code sections being modified. Deletions are bold" .... . and additions are bold underlined. WHEREAS, Article 2. Section] of the Ashland City Charter provides: Powers of the Citv The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession; WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v.lnternational Ass'n of Firefighters. Local ]660. Beaverton Shop. 20 Or. App. 293, 53] P 2d 730, 734 (1975); and WHEREAS, Ashland Fire and Rescue desires to create a commission to maintain the City's certification and propose fire mitigation tactics. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION I. A new chapter, 2.26 [Firewise Commission], consisting of Sections 2.26.0]0 [Purpose] through 2.26.030 [Powers and Duties ~ Generally], is hereby added to read as follows: 2.26 Firewise Commission 2.26.0]0 Purpose The Firewise Commission shall provide advice and guidance to the Council and city departments on wildfire issues and plans for mitigation action within the community. Specifically, the Commission will function as the entity to support and maintain the City's certification through Firewise Communities, USA. 2.26,020 Established Membership The Firewise Commission is established and shall consist of no less than seven (7) voting members, and certain non-voting ex officio members consisting of a member of the City , Council, a representative of Ashland Fire and Rescue, and additional staff as needed. The Fire Department designee shall serve as the primary staffliaison and as Secretary of the Commission. Voting members will be community members at large, and shall be designated by the Mayor and Ordinance No. Page I of2 confirmed by the council. Community members will be encouraged, but not limited to, neighborhood representatives based on Firewise Communities neighborhoods. 2.26.030 Powers and Duties - Generally' The powers, duties and responsibilities of the Firewise Commission shall be as follows: A. To develop, coordinate and promote wildfire mitigation activities based on Firewise community assessments; B. To initiate and enhance full citizen participation in reducing wildfire risk; C. To submit recommendations to City Council and city departments regarding wildfire safety mitigation; D. To implement and renew Firewise Communities USA certification on an annual basis; and E. To promote public knowledge and acceptance of the Firewise Communities program and homeowner participation in assuming responsibility for reducing wildfire risk. 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", "chapter" 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 and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the _ day of , 20 10, and duly PASSED and ADOPTED this _ day of ,2010. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,20]0. . John Stromberg, Mayor Reviewed as to form: Megan Thornton, Interim City Attorney Ordinance No. Page 2 of2 'tJ OJ 0 c: 0 0 ..c N ... <Il 0 .. 'C 'E .c C) OJ ..c ~ c N OJ OJ Cl '" .. Cl J: "ijj 0 "" III .. E OJ ....I l!! z OJ c: c: >- - 8 OJ 0 ::<: ::; C) '5. .~ l;::: Gl > OJ C '" !! 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