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HomeMy WebLinkAbout2012-0103 Council PACKET CITY OF ASHLAND Important: Any citizen may orally address the Council on non-agenda items during the Public forum. Any citizen may submit wrinen comments to the Council on any item on the Agenda,unless it is the subject of a public hearing and the record is closed. Time permining,the Presiding Officer may allow oral testimony. If you wish to speak please fill out the Speaker Request form located new the carmine to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you,if any. The time granted will be dependent to some extent on the nature of the item under discussion,the number of people who wish to speak,and the length of the agenda_ AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL January 3, 2012 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 6:30 p.m. Executive Session for Employment of a Public Officer or Employee pursuant to ORS 192.660(2)(a) 7:00 p.m. Regular Meeting I. CALL TO ORDER dl. 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? [5 minutes] 1 . Executive Session of December 20, 2011 2. Regular Meeting of December 20, 2011 VIII. SPECIAL PRESENTATIONS & AWARDS 1. Proclamation of January 7 as Christmas Tree Recycle Day in Ashland [5 Minutes] 2. Presentation regarding 72 Hour emergency response kits [10 Minutes] IX. CONSENT AGENDA [5 minutes] 1. Will Council, acting as the Local Contract Review Board, approve a Sole Source Procurement greater than $100,000 and the resulting public contract award to Northwest Mail Services for City-wide mail services for a term of C01-:7NOI \11;I IlVGS ARF BROADC \S"I I.,WF ON CHANNEL 9 VISIT 1111-1 CITY OI-:ASHEANIP) WEB Sl'I three (3) years with the option to renew the contract annually for up to two (2) additional years for a total of five (5) years? X. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. All hearings must . conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council fAMC §2.04.050)) None XI. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] XII. UNFINISHED BUSINESS 1. Does Council wish to approve the use of The Grove to provide showers to the homeless during set hours on Fridays? [15 Minutes] XIII. NEW AND MISCELLANEOUS BUSINESS 1 . Will Council approve a $4,000 amendment to the existing contract with Hardey Engineering, Inc. for the design of the Ashland Creek Sewer Rehabilitation project? [10 Minutes] XIV. ORDINANCES, RESOLUTIONS AND CONTRACTS None XV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS 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 1). Cot NC 11, MFLfIN(iS ARl IIROADCASI I.I\ 1: C'1-1AN IN:R, 9 VISIT 7l IF. CITY 0 F AS I LAN ITS \\ 1313 S If--A I' \4 \VW.ASI LA,'D.Ok.US ANHLANU U117 CUUNCIL MLL111YU December 20, 2011 Page I of 7 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 20, 2011 Council Chambers 1175 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 Morris, Lemhouse, Voisin, Silbiger, and Chapman were present. Councilor Slattery was absent. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced openings on the Planning, Historic, Housing, Public Arts, Tree, and Transportation Commissions and the Audit Committee. He described the annual Abundance Swap and recognized Jeff Golden who created the event and Alan DeBoer who donated the Historic Ashland Armory for the event. He went on to add a second agenda item under OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS for a report from Councilor Voisin on the Homelessness Steering Committee. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The minutes of the Study Session of December 5, 2011, Executive Session of December 6, 2011 and Regular Meeting of December 6, 2011 were approved as presented. SPECIAL PRESENTATIONS & AWARDS CONSENT AGENDA 1. Will Council Approve the Minutes of the Boards,Commissions and Committees? 2. Does Council wish to approve a Liquor License Application from Emil McMillan, Jr. dba McMillan's Hong Kong Bar at 23 North Main Street? 3. Does Council wish to confirm the Mayor's appointment of Tobin Fisher to the Historic Commission with a term to expire April 30, 2014? 4. Does Council wish to confirm the Mayor's appointment of Richard Kaplan with a term to expire April 30, 2015 to the Planning Commission? S. Will Council, acting as the Local Contract Review Board, approve a Sole Source Procurement for the acquisition of Itron electric meters directly from General Pacific for a term of three (3) years beginning January 1,2012 and expiring December 31, 2014? Councilor Voisin pulled Consent Agenda item#5 for discussion. Councilor Morris/Chapman m/s to approve Consent Agenda items #1 - #4. Voice Vote: all AYES. Rod Newton/1196 Timberline Terrace/Spoke regarding Consent Agenda item #5, the acquisition of Itron electric meters. The meters would send out a radiated signal every 30 seconds to allow a meter reader to capture information while driving past using a handheld device. The first generation of this type of meter produced one radiated signal a month and worked fine. He was concerned about the health ASHLAND U11 Y(.UUN(,7L MLL 111V0 December 20, 2011 Page 2 of 7 effects of continual radiation emitted from the new meters and thought the City should postpone the purchase order to research meters that would emit less radiation. James Fong/759 Leonard Street/Also spoke on Consent Agenda item #5, the acquisition of Itron electric meters. He explained the issue was wireless radiation, Electric Magnetic Frequency (EMT) and Radio Frequency (RF). There was concern the technology had potential health impacts and asked the City to readdress the acquisition. He noted that six other municipalities had put moratoriums on using the meters until they researched health risks and other areas rejected them all together. Interim City Administrator.Lee Tuneberg explained there was not a formal policy for opting out and the City had received less than 12 requests not to use the meters in their area. Alternately, more people were opting in because it eliminated leaving gates open, having City staff enter personal property and alleviated concerns regarding their pets. Currently 43%of electric meters used radio frequency emitters. Councilor Silbiger/Morris m/s to approve Consent Agenda item #5. DISCUSSION: Councilor Silbiger noted this was a long-standing conversion. There was no plausible or measurable health problem related to the transmitters and they used the same frequency as non-cellular telephones. Councilor Voisin thought the City should research the possible health effects related to the transmitters and would not support the motion. Mayor Stromberg suggested the City provide a policy for customers to opt out and charge accordingly. Councilor Chapman added the meters were low powered and outside. Staff could look into purchasing first generation meters or reprogramming the new meters to a standby mode. Councilor Morris did not think the new meters were potentially harmful but wanted a policy to opt out. Councilor Lemhouse supported delaying the order to address concerns and possible options. Councilor Voisin reiterated the need to delay until they received more information. Councilor Chapman explained the company could decide on reprogramming or using first generation meters while the order was processed. Mr. Tuneberg recommended digital meters without the Electronic Radio Transmitter (ERT). They were more accurate and incapable of transmission. Voice Vote: Councilor Morris, Chapman and Silbiger,YES; Councilor Voisin and Lemhouse,NO.Motion passed 3-2. Council directed staff to explore a policy for opting out and associated costs. PUBLIC HEARINGS - None PUBLIC FORUM Pam Vavra/457 C Street/Spoke on the behalf of the Local Chapter of the Civil Liberties Defense Center regarding homelessness and the Center's founder, Ralph Temple who had passed. She noted the escalation nationwide of Police coming down on homeless people and that homelessness had increased dramatically since 2008. The Center worked to protect the public by educating them on their rights and reaffirmed the Center's intention to continue Mr. Temple's work. UNFINISHED BUSINESS 1. Will Council approve a resolution for an interim rate increase for solid waste collection? City Administrator Larry Patterson provided background on the 7.5% increase across the board for all users with a 20% increase on commercial bins Council approved during the December 6, 2011 meeting. Recology adjusted the rates that equated to an overall increase of 11.2%. General Manager Steve DiFabion explained the rate increase with the current calculations would help Recology break even. Councilor Voisin/Chapman m/s to approve Resolution #2011-34. DISCUSSION: Councilor Voisin thought the rate increase was reasonable and a good beginning. Councilor Lemhouse did not see the evidence that justified the rate increase and would not support the motion. Councilor Chapman noted some of the commercial rates were higher because it was an average and would hurt more customers than ASHLAND 1,77 Y CUUNCIL MLL l7/VU December 20, 2011 Page 3 of 7 he had anticipated. Mayor Stromberg was not comfortable with the concept of cost-plus as the basis for rates because it gave Recology the incentive that more costs equaled more profit and put the City at a disadvantage. Councilor Silbiger agreed with the Mayor and added approving the rate change was not an acceptance of Recology's request to build a 10% profit margin into the replacement Franchise Agreement. Councilor Voisin wanted a Study Session to address the 23.3% increase, review an audit of Recology's financials, and then start negotiations. Mayor Stromberg clarified the next steps included getting expert help, analyzing the figures, and interacting with Recology. Roll Call Vote: Councilor Silbiger,Voisin, Chapman and Morris,YES; Councilor Lemhouse, NO. Motion passed 4-1. 2. Does Council have questions regarding the applicability of recent ordinance amendments designed to implement ideas, proposals and recommendations evaluated as part of the Pedestrian Places Project? Interim City Administrator Larry Patterson explained Council passed the Pedestrian Places ordinance without fully realizing that some of the provisions in the Overlay Zone applied citywide. At Council's request, staff prepared an outline of amendments to the ordinance that clarified the changes. Council was concerned with the transit stops and the blanket assessment of arterial setbacks and wanted the Planning Commission to review all the amendments. Community Development Director Bill Molnar addressed Section 18.92.050 Transit Facilities Credit, and explained the changes to the off street-parking chapter sought to identify additional parking management strategies to utilize parking more efficiently. This change applied to projects with parking requirements of at least 20 spaces. Applicants providing a transit plaza were eligible for a 10%reduction in the parking requirement. The City would also have the ability to require additional study by a professional. He went to explain the staff recommendation to remove the 20-foot arterial setback in the city and apply it to commercial or employment areas only. This change primarily affected Ashland Street, Siskiyou Boulevard, and parts of North Main. An applicant could reduce the 2(;foot setback no less than the City's new sidewalk standards. In a commercial zone, that was anywhere from 13-15 feet back from the curb. In addition, a 5-foot setback could be greater. Even with the front yard setback removed along commercial arterials, the building setback would be 15-20 feet. The residential 20-foot front yard setback remained unchanged. Mr. Molnar added the Planning Commission was aware of the amendments and understood it would apply to the greater extent of Ashland Street beyond the small Pedestrian Overlay. Mayor Stromberg thought the amendments were major impacts to areas of Ashland and did not think the Planning Commission had discussed them in depth. They also passed through Council unnoticed and needed review by both groups. Councilor Silbiger shared his personal experience discovering the amendments and addressed the outline of changes. The first four pages affected the entire city. There was one page for the Pedestrian Overlay and Detailed Review Zone and only half a page for Pedestrian Places. The changes did not appear to be an oversight and he found it disturbing. The majority of changes were good. but the Planning Commission and Council should have discussed them in detail prior to approval. If the intent and purpose beyond the Pedestrian Places was to increase density along certain corridors, those standards were now in areas they should not be. Councilor Moms supported most of the changes but expressed concern they were presented as Pedestrian Places. He had mentioned the special setback requirement had changed during the hearing and that it was not a Pedestrian Places location. In addition, there were items in the ordinance not covered in the public meetings. ANHLANU C/7'Y CUUNC7L Mtt77NU December 20, 2011 Page 4 of 7 Councilor Voisin thought the changes were good and that Council frequently gave mixed messages to staff. Mayor Stromberg added that when writing new ordinance language that had a specific purpose there was a tendency to address other issues relating to the ordinance. However, some of the issues in the Pedestrian Places ordinance did not go through the proper land use process and had a different context. The people affected by the changes were most likely unaware they existed. Colin Swales/143 8" Street/Noted he had spoken to these issues at the Planning Commission and Council meetings. The outline of changes was more extensive than he originally thought and he had read the ordinance carefully. When working with arterial setbacks there was a need to preserve both the public space and the property rights of those who abutted the arterials. Councilor Silbiger/Chapman m/s to direct the Planning Commission to review the ordinance changes made citywide and to the Detailed Site Review and make recommendations to Council for changes as appropriate. DISCUSSION: Councilor Silbiger explained in addition to reading the minutes, he had confirmed with a Planning Commissioner they had not discussed changes outside of the Pedestrian Places Overlay, nor had Council. It was appropriate for the -Planning Commission to go through the review process. Roll Call Vote: Councilor Silbiger, Voisin, Lemhouse, Morris and Chapman, YES.Motion passed. 3. Will Council authorize the City Administrator to finalize and sign the Charging Site Host Agreement with ECOtality North America to participate in a pilot project for the installation and use of Electric Vehicle (EV) charging units in two City owned parking facilities in the downtown area? Interim Assistant City Administrator Lee Tuneberg explained the pilot program would have two charging stations in the downtown area. Project Manager Adam Hanks added the City Administrator would designate the spaces for EV charging only. Currently there was 7%use of these spaces. The pilot project would help determine how pervasive use was and how quickly it would ramp up- Mr. Hanks explained enforcement was the same as changing a 15-minute parking zone to two hours and fell below the threshold of an ordinance. Additionally, the ordinance authorized the City Administrator to make changes at that level. Initial energy use would be insignificant, eventually fall to time of use, and load management. When the pilot program ended, they would cap the charging pedestal without the City incurring removal costs. Managing time limits for the parking spaces would be no different from managing the two and 4-hour parking spaces. An electronic vehicle using the space but not charging would result in a ticket. City Attorney Dave Lohman noted that ECOtality was proposing a license instead of the agreement in the Council packet that was more protective and contained a terminable at will clause. Mr. Hanks explained a customer could subscribe to the program and have access to charging stations all along the coast or make one-time purchases at the individual charging stations. Councilor Voisin/Chapman m/s to authorize the Interim City Administrator or his designee to finalize and sign the Charging Site Host Agreement with ECOtality North America including the installation of 2 charging units in Ashland as presented or any more protective agreement for the City. Roll Call Vote: Councilor Morris, Lemhouse, Voisin, Silbiger and Chapman, YES. Motion passed. ASHLAND C/7'Y CUUNC/L MLt7[NU December 20, 2011 Page 5 of 7 NEW AND MISCELLANEOUS BUSINESS 1. Will Council conduct annual review and accept the current City of Ashland Investment Policy? City Recorder Barbara Christensen explained the investment policy was last revised 2009 and read the following from the policy statement: "It is the policy of the City of Ashland to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the entity and conforming to all state and local statutes governing the investment of public funds." The policy was set up to safeguard the monies of the citizenry and had a criteria guideline that addressed where the City could keep excess funds. Given the market, 99% of the City's money was currently in the Local Government Investment Pool, and there was one Federal Agency security with Wells Fargo. There were no securities out there that met the 90-day Treasury bill benchmark the City used or the Local Government Investment Pool. She noted recent conversations with individual citizens and clarified the agenda item pertained to the City's investment policy and there were no investments or securities with Bank of America since 2009. Ms. Christensen had reviewed House Bill 3700 and explained it was the second time in the past 10 years the use of credit unions had come forward. The current policy allowed the City to use credit unions but treated them the same as banks. Mainstream banks used FDIC at the $250,000 level, anything over that required collateralization. The 2009 revisions to the City's Investment Policy encompassed changes the bank had made. At that time, banks created a collaborative group in order to establish a collateralization pool because the cost of collateralizing funds became too expensive. Insurance companies had raised the premiums paid and it became increasingly more difficult for banks to pay municipalities to invest in securities more than $250,000. Now, credit unions were trying to create a collaborative group, and put together a collateralization pool approved by the State Treasurer's office. The Investment Policy prohibited the City from purchasing securities from any bank that did not participate in a collateralization program. if the credit unions were successful, municipal governments could safely invest in credit unions higher than what their current insurance fund and collateralizations allowed. The Request for Proposal (RFP) for banking services was a 3-4 month process that occurred every five years. Banking services contracts lasted three years with two one-year extensions. Ms. Christensen thought it was possible and a good idea to go out for another RFP that coincided with the three-year contract. Technology was changing and smaller and local banks were catching up to larger banks. Part of the RFP criteria was having a local branch. The primary criteria were ensuring the bank could meet the City's complex banking needs. City Attorney Dave Lohman further explained the Council could add RFP evaluation, or tier two criteria to the RFP process. Ms. Christensen added they could include more information in the scoring system as well. Rich Rohde/124 Ohio Street/Explained he was the regional organizer for Oregon Action and shared the goals of the local banking movement. Oregon Action had two suggestions for Council. One was add more selection criteria to the next RFP process. The second was incorporating the changes in House Bill 3700 into the City's investment policy and transferring investments to a local credit union. Julie O'Dwyer/995 Camelot Drive/Supported Oregon Action's suggestions to Council described in Mr. Rohde's testimony. It would support both residents and business owners. Emery Way/430 Ashland Street/Spoke in support of the City making changes to the banking policy to invest local and keep the money in the community. Many people had already moved their money from larger banks into local credit unions. He asked Council to take an innovative step and be the first city to move their banking services to a local credit union as well. ANHLAND U11 Y CUUNCIL MLL71NU December 10, 1011 Page 6 of 7 Tammi Spencer/453 Willow Street/Explained she was,a member of Oregon Action and Occupy Medford/Ashland. She presented Council with a petition containing approximately 300 signatures supporting a Responsible Banking Resolution in Ashland. Nick Patterson/526 Windsor Avenue, Medford/Represented Occupy Medford and was present to support Ashland's divestment from Bank of America (BofA) and Wells Fargo. Banking local was good money management and was good for the community. Andrew Seles/475 W Nevada Street/Stated he was a member of Oregon Action and Occupy Ashland and described some of Bank of America's actions since the taxpayer bailouts. Evan Lasley/110 Seventh Street/Noted that pcople had moved $650,000 out of Bank of America since September 29, 2011 when the bank announced their $5 debit card fee. This was the next step in the movement to reclaim some economic power for local regions and establish autonomy from the Wall Street banks. He stressed the importance of looking at the long-term consequences of large banking systems. Pam Vavra/457 C Street/Shared details of what happened when Jackson County decided to outsource library management services in Ashland and expressed her support of Oregon Action. Treasa Cordero Reinzi/1114 Oak Knoll Drive/Provided statistics on Bank of America, JP Morgan Chase, Wells Fargo, and City Bank. She was a member of the Steering Committee for the National New Bottom Line and a board member of Oregon Action. She noted the City of Seattle recently passed a Responsible Banking Ordinance. The Los Angeles Clergy divested over$2,000,000 and ended 200 years of business with Bank of America. People Acting in Community Together (PACT) in San Jose divested one billion dollars while other coalition affiliates in San Jose divested $22,000,000 collectively. She urged Council to consider divestment options for City funds to local banks and credit unions. John Fisher-Smith/945 Oak Street/Noted the Glass-Steagall Act of 1933 that separated brokerage and trading functions from banking functions was repealed in 1999. That action created the current large conglomerate banks. England recently had to establish their own Glass-Steagall Act to separate their "High Street"banks from the Investment banks. He suggested Ashland no longer conduct business with big investment banks. Liza Maltsberger/276 B Street/Explained Bank of America was one of the top three funders of mountaintop removal and described the harmful results of this form of mining. She did not want her money to support this practice and did not want City money to support it either. Chapman/Silbiger m/s to approve the City of Ashland Investment Policy and direct staff to place on the calendar a review of the criteria before the RFP goes out for banking services. DISCUSSION: Councilor Lemhouse supported having local preference scores in the REP. He disagreed on making a choice between ethics and profit. Good business combined both ethics and profit. Additionally, the idea that credit unions would loan to small businesses was not accurate. They were not loaning either due to regulations put in place a 1.5 years prior.' Until the regulations changed, no lender was lending money- , Councilor Voisin supported the motion. The Economic Development Strategy stated the need to assist local existing and emerging businesses to help them grow. There was also the need to increase investment capital for local businesses and credit unions would be able to make loans in the future. Roll Call Vote: Councilor Morris, Lemhouse, Voisin, Silbiger, and Chapman, YES. Motion passed. Ms. Christensen explained the City's' daily banking services and that the Bank of America account only ASHLAND C11 Y CUUNUL MP LI MU December 20, 2011 Page 7 of 7 contained enough money to meet the expenses of the City, any excess was transferred. She clarified the City had not used the "float" option for several years. She would further evaluate House Bill 3700 and col lateralization. 2. Shall Council approve the annual appointments for the vacant positions on the Citizen Budget Committee with term ending December 31, 2016? City Recorder Barbara Christensen explained the City received two new applications after the deadline and a request for reappointment from Roberta Stebbins. The City advertised the vacancies in the local newspaper over a two-week period and posted them on the website. The deadline for this committee was a processing deadline only and the City could receive late applications. In the future, she would note late applications were acceptable when posting vacancies. Councilor Silbiger/Chapman m/s the approval of the appointments of Roberta Stebbins and Bill Heimann to the Budget Committee. Voice Vote: All AYES. Motion passed. ORDINANCES,RESOLUTIONS AND CONTRACTS 1. Will Council approve Second Reading of ordinance titled, "An Ordinance Amending Chapter 2.12 and Chapter 2.19 of the Ashland Municipal Code, Reducing the Number of Established Members on the Planning Commission and Housing Commission"? Councilor Lemhouse/Chapman m/s to approve Ordinance 43056. Roll Call Vote: Councilor Morris, Lemhouse, Voisin, Silbiger, and Chapman, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Discussion regarding wildlife issues. Mayor Stromberg addressed the issues the community had with the deer population. He noted the deer count that occurred in the fall and recognized the Wildlife Committee and their efforts to educate community on wildlife. One of the suggestions was establishing a Do Not Feed the Deer Ordinance. Feeding deer increased their population, was not healthy for them and created tension between neighbors. Another suggestion was having Council match $3,000 of the $6,000 needed for an over flight deer count to correct any discrepancies from the earlier deer count. 2. .Homelessness Steering Committee Report. Councilor Voisin explained the Homelessness Steering Committee would come before Council in January with a motion to allow homeless males to use the showers in The Grove on Friday afternoons from 2:30 p.m. to 4:30 p.m. on a trial basis. Parks and Recreation Director Don Robertson supported using The Grove for this service. The only other place that provided shower services for the homeless was at the Congregational Church on Monday mornings 8:00 a.m. to 12:00 p.m. where they often had to turn away people. ADJOURNMENT Meeting was adjourned at 9:23 pm. Barbara Christensen, City Recorder Mayor John Stromberg q g PROCLAMATION p "ANNUAL CHRISTMAS TREE RECYCLE DAY" • Solid waste disposal and a dwindling capacity in our landfills is a critical national problem. € f • Garden waste contributes a significant volume in our landfills. ' �r • Troop 112 of the Boy Scouts of America, with assistance from the Ashlando + ® Parks Department, picked up and chipped over 6,000 Christmas trees last year. �i • The chipped material was used on park trails and as mulch for plants and did , Q; not enter the "waste stream." a� • The Ashland Host Lions and Early Bird Lions are supporting this effort by donating volunteer power and equipment to transport the pick-up crews. , *� NOW THEREFORE, the City Council and Mayor, on behalf of the citizens of Ashland, hereby proclaim Saturday, January 7, 2012 as: "CHRISTMAS TREE + RECYCLE DA Y IN ASHLAND " - and hereby urge all citizens to set out their tree near the curb on Friday, January 4 Oh, to be picked up on Saturday, January 7'h, and to consider making a donation to assist the Troop in their community service activities. Dated this 3d day of January, 2012. A�+ ad John Stromberg, Mayor ° Barbara Christensen, City Recorder IN4 �y° CITY OF ASHLAND ,ESNLA)V ""- EMPLOYEE and FAMILY EMERGENCY PREPAREDNESS The City of Ashland is committed to increasing the level of emergency preparedness in our community as well as the region. Though our area doesn't experience disasters at the same frequency as some in the country, we are vulnerable nonetheless. Being prepared for an emergency is the responsibility of all who live in our region including, residents, employees, businesses and the City itself. Ashland has completed the upgrade to our 1700am emergency radio operated by Ashland Fire & Rescue. The transmission now includes a variety of emergency information 24/7 and is streamed on our website for those with poor radio reception in the canyons. Our wildfire and smoke hotline is now improved and can handle up to .100 calls simultaneously and be updated easily. Most recently the City launched a state of the art 'Reverse-911" system known as Citizen Alert. This system dramatically improves our ability to communicate with the public. We've also indentified the FEMA training necessary for employees to operate in an emergency management environment. This training is complete for most departments in the City. We are currently involved with the Ashland Chamber of Commerce to assist local businesses in developing business continuity plans to employ during emergencies. We are . now embarking on a program to improve the level of emergency preparedness of our most important asset, our employees. We will briefly discuss the hazard assessment for our region and what emergencies and disasters we are planning for. This presentation will also cover the simple process of better preparing yourself and your family to respond and recover from a variety of local and regional emergencies. Please take the time to prepare yourself and your family. It is neither expensive nor difficult. GET A KIT MAKE A PLAN STAY INFORMED WHAT IS THE HAZARD ASSESSMENT FOR ASHLAND? • FLOOD • FIRE - Wildland or Structure • TRANSPORTATIONMAZARDOUS MATERIALS INCIDENT • SEISMIC EVENT • http://egint.cr.usgs.gov/egprob/2002/index.php • http://www.youtube.com/playlist?list=PLI15DIAE165D6FICF • UTILITY EMERGENCY • EPIDEMIC OR PANDEMIC • WEATHER EMERGENCY • TERRORISM & CIVIL DISTURBANCE HOW DO 1 GET MYSELF AND FAMILY PREPARED? ✓ GET A KIT - personal, family, business ✓ MAKE A PLAN - actions, communications ✓ . STAY INFORMED - how? GET A KIT MAKE A PLAN STAY INFORMED GET A HIT You may need to survive on your own after an emergency. This means having your own food, water, and other supplies in sufficient quantity to last for at least three days. Local officials and relief workers will be on the scene after a disaster, but they cannot reach everyone immediately. You could get help in hours, or it might take days. In addition, basic services such as electricity, gas, water, sewage treatment, and telephones may be cut off for days, or even a week or longer. Recommended Items to Include in a Basic Emergency Supply Kit: • Water, one gallon of water per person per day for at least three days, for drinking and sanitation • Food, at least a three-day supply of non-perishable food • Battery-powered or hand crank radio and a NOAA Weather Radio Flashlight • First aid kit • Whistle to signal for help • Dust mask, to help filter contaminated air and plastic sheeting and duct tape to shelter-in-place • Moist towelettes, garbage bags and plastic ties for personal sanitation • Wrench or pliers to turn off utilities • Can opener for food (if kit contains canned food) • Local maps • Cell phone with chargers, inverter or solar charger Additional Items to Consider Adding to an Emergency Supply Kit: • Prescription medications and glasses • Infant formula and diapers • Pet food and extra water for your pet Cash or traveler's checks and change • Important family documents such as copies of insurance policies, identification and bank account records in a waterproof, portable container. Sleeping bag or warm blanket for each person. • Complete change of clothing including a long sleeved shirt, long pants and sturdy shoes. Household chlorine bleach and medicine dropper—When diluted nine parts water to one part bleach, bleach can be used as a disinfectant. Or in an emergency, you can use it to treat water by using 16 drops of regular household liquid bleach per gallon of water. Do not use scented, color safe or bleaches with added cleaners. • Fire Extinguisher Matches in a waterproof container Feminine supplies and personal hygiene items Mess kits, paper cups, plates and plastic utensils, paper towels GET A,KIT MAKE A PLAN STAY INFORMED MAKE A PLAN Identify an out-of town contact. It may be easier to make a long-distance phone call than to call a&oss town, so an out-of-town contact may be in a better position to communicate among separated family members. • Be sure every member of your family knows the phone number and has a cell phone, coins, or a prepaid phone card to call the emergency contact. • Teach family members how to use text messaging (also known as SMS or Short Message Service). Text messages can often get around network disruptions when a phone call might not be able to get through. • Subscribe to alert services. Many communities now have systems that will send instant text alerts or a-mails to let you know about bad weather, road closings, local emergencies, etc. • Planning to Stay or Go Depending on your circumstances and the nature of the emergency, the first important decision is whether you stay where you are or evacuate. You should understand and plan for both possibilities. Use common sense and available information, including what you are learning here, to determine if there is an immediate danger. In any emergency, local authorities may or may not immediately be able to provide information on what is happening and what you should do. However, you should watch TV, listen to the radio or check the Internet often for information or official instruction as it becomes available. Emergency Information Find out what kinds of disasters, both natural and man-made, are most likely to occur in your area and how you will be notified. Methods of getting your attention vary from community to community. One common method is to broadcast via emergency radio and TV broadcasts. You might hear a special siren, or get a telephone call, or emergency workers may go door-to-door. Emergency Plans You may also want to inquire about emergency plans at places where your family spends time: work, daycare and school. If no plans exist, consider volunteering to help create one. Talk to your neighbors about how you can work together in the event of an emergency. You will be better prepared to safely reunite your family and loved ones during an emergency if you think ahead and communicate with others in advance. GET A KIT MAKE A PLAN STAY INFORMED STAY INFORMED Some of the things you can do to prepare for the unexpected, such as making an emergency.supply kit and developing a family communications plan, are the same for both a natural or man-made emergency. However, there are important differences among potential emergencies that will impact the decisions you make and the actions you take. Learn more about the potential emergencies that could happen where you live and the appropriate way to respond to them. In addition, learn about the emergency plans that have been established in your area by your state and local government. Emergency preparedness is no longer the sole concern of earthquake prone Californians and those who live in the part of the country known as 'Tornado Alley." For Americans, preparedness must now account for man-made disasters as well as natural ones. Knowing what to do during an emergency is an important part of being prepared and may make all the difference when seconds count. GET A KIT MAKE A PLAN STAY INFORMED CITY OF ASHLAND Council Communication Approval of a Sole Source Procurement - Northwest Mail Services Meeting Date: January 3, 2012 Primary Staff Contact: Lee Tuneberg Department: Finance E-Mail: tuneberl @ashland.or.us Secondary Dept.: Utility Billing/Pur sing Secondary Contact: Bryn Morrison Approval: Larry Patterson Estimated Time: Consent Agenda Statement: Will the Council, acting as the Local Contract Review Board, approve a Sole Source Procurement greater than $100,000 and the resulting public contract award to Northwest Mail Services for City- wide mail services for a term of three (3) years with the option to renew the contract annually for up to two (2) additional years for a total of five (5) years? Staff Recommendation: Staff recommends the Sole Source Procurement be approved and the resulting public contract awarded to Northwest Mail Services. Background: A Request for Proposal (RFP) was processed in October/November of 2005 and a contract was awarded to Northwest Mail Services in Medford, Oregon, for a period of 3 years, which expired on December 1, 2008. Northwest Mail Services was the only proposer who submitted a proposal in response to that RFP. After the first contract expired, reasonable investigation efforts resulted in a Sole Source Procurement being approved by the City Council on December 10, 2008 for a term of three (3) years expiring on December 31, 2011. Northwest Mail Services continues to be the only company in Southern Oregon (Rogue Valley) that can provide the full gamut of mail services as specified and required by the City. We have no knowledge and/or contact information for any other local and/or potential service provider(s) that can provide the City-wide mail services as specified and required by the City; therefore, the determination is being made again that this is a Sole Source Procurement and Northwest Mail Services is the only company in Southern Oregon that can provide these services. The service fees and postage costs are as follows: Service fees for processing Utility Bills(fold, insert, barcode, meter, sort, and deliver to post office): Amount budgeted for FY 2012: $14,280 Average amount per year for the last three years: $13,260 Postage and service fees for mailing Utility Bills, rate increase letters, business license renewals: Amount budgeted for FY 2012: $71,570 Average amount per year for the last three years: $52,008 Postage and service fees for mailing City-wide mail: Amount budgeted for FY 2012: $33,000 Average amount per year for the last three years: $23,000 Page 1 of 2 �r, CITY OF ASHLAND Related City Policies: Section 2.50.070 Public Contracting Officer Authority A. Except as otherwise provided by this code, the Public Contracting Officer shall have authority to: 1. Purchase and contract for all materials, supplies, equipment, services and public improvements for which funds have been appropriated by the City Council and the contract price does not exceed $100,000; Section 2.50.090 ' Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A — 279C and the Model Rules except for the following: F. Sole Source Procurements — a public contract in which the Department Head finds in writing that there is only one provider of a product or service of the quality and type required available. 1. Sole-source procurements shall be awarded in accordance with ORS 27913.075 and all other applicable provisions of law. Council Options: The Council, acting as the Local Contract Review Board, can approve (or decline) the Sole Source Procurement and public contract award to Northwest Mail Services. Potential Motions: The Council, acting as the Local Contract Review Board, moves to approve (or decline) the Sole Source Procurement and,public contract award to Northwest Mail Services. Attachments: Sole Source Determination and Written Findings Letter, Daily Mail Services Price List and Utilities Price List (Provided by Northwest Mail Services) Page 2 of 2 C FORM #6 CITY OF SOLE-SOURCE DETERMINATION AND WRITTEN FINDINGS GOODS AND SERVICES Greater than $100,000 To: City Council, Local Contract Review Board From: Lee Tuneberg, Finance Director Date: January 3, 2012 Re: Sole Source Determination and Written Findines for Goods and Services In accordance with AMC 2.50.090(F), the Department Head shall determine in writin that there is only one provider of a product or service of the quality and type required available. Estimated total value of contract: Service fees for processing Utility Bills(fold, insert, barcode, meter, sort, and deliver to post office): Amount budgeted for FY2012: $14,280 A vemge amount peryearfor the last threeyears: - $13,260 Postage and servicefees for mailing Utility Bills, rate increase leuets,business license renewals- Amount budgeted for FY 2012. $71,570 A verage amount peryearfor the last 1hreeyears: $52,008 . Postage and service fees for mailing City-wide mail: Amount budgeted for FY2011: $33,000 Average amount peryearfor the last three years: $23,000 Estimate for original contract term of three (3)fiscal years: $264,000 to $300,000 Estimate for maximum contract term offive (5)fiscal years: $440,000 to $500,000 Project name: City-Wide Mailing Services Description of goods and services: City-wide mailing services include the following: POSTAGE; daily pickup (M-F)from the City of Ashland;processing Utility Bills, City-wide mailings and general mail (fold, insert, barcode, meter, sort, apply postage, etc.); daily delivery of outgoing mail to the Medford Post Office; and storage for approximately 200,000#10 window and#9 return envelopes at a minimal cost of$25.75 per month. Form#6-Sole Source-Goods and Services-Greater than$100,000,Page 1 of 3,12/28/2011 Background: A Request for Proposal was processed in October/November of 2005 and a contract was awarded to Northwest Mail Services in Medford, Oregon,for a period of 3 years, which expired on December 1, 2008. Northwest Mail Services was the only proposer who submitted a proposal in response to that RFP. After the first contract expired, reasonable investigation efforts resulted in a Sole Source Procurement being approved by the City Council on December 10, 2008 for a term of three (3)years expiring on December 31, 2011. Northwest Mail Services continues today to be the only local company in Southern Oregon (Rogue Valley) that can provide the fidl gamut of mail services as specified and required by the City. After conducting the RFP in October/November 2005, reasonable investigation efforts and approval of a Sole Procurement in 2008, and receiving no knowledge or contact from any other potential service providers that can provide these services locally up to now, the determination has been made that the acquisition for City-wide mail services as they are specified and required by the City can only be provided by Northwest Mail Services at this time. Findings: [The findings below must include(actual information supporting the determination 1 Market Research Overall finding: Northwest Mail Services continues to be the only local company in Southern Oregon that can provide the mail services as specified and required by the City of Ashland. [In accordance with ORS 279B.075, these are the examples offindings that should be addressed. Select at least one of the findings and prepare the determination as it specifically relates to the good or service being procured More than one finding can be addressed. The findings are as follows. Pursuant to ORS 279B.075 (2)(a): Provide findings supporting your determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source. N/A Pursuant to ORS 279B.075 (2)(b): Provide findings supporting your determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source. N/A Pursuant to ORS 279B.075 (2)(c): Provide findings supporting your determination that the goods or services are for use in a pilot or an experimental project. N/A Pursuant to ORS 279B.075 (2)(d): Any other findings that support the conclusion that the goods or services are available from only one source. N/A Form#6-Sole Source-Goods and Services-Greater than$100,000,Page 2 of 3,1228/2011 PUBLIC NOTICE: Pursuant to OAR 137-047-0275 (2), a Contracting Agency shall give public notice of the Contract Review Authority's determination that the Goods and Services or class of Goods and Services are available from only one source in a manner similar to the public notice of Competitive Sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services to be acquired by a Sole Source Procurement. The Contracting Agency shall give such public notice at least seven days before Award of the Contract. After the Sole Source Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on wvvw.ash land_or.us-/i1'ai ored-Janrrarp 4. 20121 PUBLIC NOTICE Approval of a Sole Source Procurement First date of publication: (i a)prore:d-,Iarurern=4. 2012) A request for approval of a Sole Source procurement was presented to and approved by the City Council,acting as the Local Contract Review Board,on[j appr oved Ionumy 4, 20121. It has been determined based on written findings that Northwest Mail Services continues to be the only company'in Southern Oregon that can provide City-wide mail services as specified and required by the City of Ashland. City-wide mailing services include the following: postage, daily pickup (M-F) from the City of Ashland; processing Utility Bills, City-wide mailings and general mail (fold, insert, barcode, meter, sort, apply postage, etc.); daily delivery of outgoing mail to the Medford Post Office; and storage for approximately 200,000 #10 window and #9 return envelopes. The contract terms,conditions and specifications may be reviewed upon request by contacting the Purchasing Representative,Kari Olson,at 541-488-5354. An affected person may protest the determination that the personal services are available from only one source in accordance with OAR 137-047-0710. A written protest shall be delivered to the following address: City of Ashland,Kari Olson,Purchasing Representative,90 N.Mountain Avenue,Ashland,OR 97520. The seven(7)day protest period will expire at 5:00pm on flfd7pprm-ed and posted.larnurn;4. 2012, dm expiration dole 11411 be.lanuas_t 11. 20124 This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Sole Source procurement. Fonn#6-Sole Source-Goods and Services-Greater than$100,000,Page 3 of 3,1212812011 NORTHWEST MAIL SERVICES A Northwest Mailers,Inc Company 550 AIRPORT ROAD MEDFORD, OR 97504 (541)779-1347 December 6,2011 Ms Karl Olson Purchasing Representative City of Ashland 90 N Mountain Avenue Ashland OR 97520 Dear Ms Olson: The contract for mailing services between the City of Ashland and Northwest Mailers,Inc.expires on December 31,2011.Northwest Mailers, Inc.would like to propose a new contract on the same terns as the previous contract. Northwest Mailers, Inc.continues to be the only Southern Oregon business that can provide the services now being provided to the City of Ashland.All provisions of the original contract are still acceptable, except at the execution of the new contract the prices for the utility bill processing will be adjusted by 3%. Prices for processing the daily first class mail will remain at the current level.The prices for the new contract are shown in Attachments I and 2. The US Postal Service now makes annual postage adjustments based on a variation of the CPI.These adjustments may become more frequent depending on the financial needs of the Postal Service.We will adjust the cost of postage to reflect the new rates when the rates are made effective. If this proposal is acceptable please have your legal staff prepare the necessary documents.We value the long business relationship we have enjoyed with the City of Ashland and look forward to continuing to provide you excellent service. B Regards Donald L. Sauls President Northwest Mailers,Inca cc: Sheri Brearcliffe 1:41PM Northwest Mailers Inc 1218111 Item Price List January 1,2012 Dally Mall Services Item Description Preferred Vendor Prim PSA Actual Postage Machinable Letters 0.00 PS.AS Processing Fee Machinable Letters 0.105 PS.0 Actual Postage Certified,Registered or Foreign 0.00 PS.CS Processing Fee Certified,Registered or Foreign 0.35 PS.LB Actual Postage Box Over 10lbs. 0.00 PS.LBS Processing Fee Box Over 10lbs. 1.10 PS.N Additional Postage Non Machinable Letters 0.00 PS.NL Actual Postage Non Machinable Items 0.00 PS.NLS Processing Fee Non Machinable Items 0.13 PS.NS Processing Fee Non Machinable Letters 0.05 PS.O Other 0.00 PS.PU Daly Pick Up 2.75 Page 1 of 11 Attachment 2 Northwest Mailers, Inc. 1216111 City of Ashland Utilities Price List Item PrIceIM January 1, 2012 Folding $11.40 Inserting $24.72 Metering $8.75 Barcoding $48.10 Envelope Storage $25.75 Per month Page 1 of 1 CITY OF ASHLAND Council Communication Request from Homeless Committee to Use Grove to Provide Showers Meeting Date: January 31 2011 Primary Staff Contact: Larry Patterson Department: Administration E-Mail: pattersonl @ashland.or.us Secondary Dept.: None Secondary Contact: None - Approval: Larry Patterso Estimated Time: 15 minutes Question: Does the City Council wish to approve the use of the Grove to provide showers to the homeless during set hours on Friday? Staff Recommendation: None , Background: The Homeless Steering Committee is recommending the City provide limited times on Friday for the Homeless to have access to showers at the Grove. This would augment the showers that are available at the Ashland First Congregational United Church of Christ. The timeframe for these showers would be Fridays from 2:30-4:30. This program would be for homeless men only. It also would be provided on a trial basis for six months. This does not increase the City's cost of liability insurance. Our insurance carrier asks the following-questions: 1. How are volunteers to be screened? 2. What type of security will be in place at the Grove? 3. Does the time set aside at the Grove interfere with other events taking place at this facility? 4. Is the City putting other people at risk by having multiple groups using the Grove at the same time? 5. Is there a reason the City is considering not having showers available for women? 6. What accommodations if any are available for women? 7. What are the security considerations for minors using the showers? Our insurance carrier suggests the following considerations: 1. Volunteers should not be under 21 years old. Pagel of 2 Council Communications on Homeless Committee-Use of Grove P, CITY OF ASHLAND 2. Men volunteers are highly recommended. Related City Policies: Council Options: 1. City can approve the use of the Grove for this purpose. 2. City can deny the use of Grove for this purpose. Potential Motions: Approve the use of the Grove as a facility to provide showers to the homeless on Fridays from 2:30p.m. to 4:30 p.m. for a trial period of six months with the starting and ending date to be set by the Homeless Committee and communicated to the City Council. Attachments: Page 2 of 2 Council Communications on Homeless Committee- Use of Grove CITY OF ASHLAND Council Communication Approval of an Amendment to the Engineering Services Contract with Hardey Engineering, Inc. Meeting Date: January 3, 2012 Primary Staff Contact: James Olson Department: Public Works E-Mail: olsoni ashland.or.us Secondary Dept.: Community Dev ment Secondary Contact: Morgan Wayman Approval: Larry Patters Estimated Time: 10 Minutes Question: Will the Council approve a $4,000 amendment to the existing contract with Hardey Engineering, Inc. for the design of the Ashland Creek Sewer Rehabilitation project? Staff Recommendation: Staff recommends approval of a $4,000 amendment to the existing contract with Hardey Engineering, Inc. for the design of the Ashland Creek Sewer Rehabilitation project. Background: The engineering portion of the Ashland Creek Sewer Rehab project is $4,000 over budget due to unanticipated costs to meet the City's new Water Protection Zones Ordinance (Ashland Municipal Code 18.63). The overall cost to comply with the new ordinance was $13,065 (see table below). Staff was able to use existing funds to cover all but $4,000 of the additional unanticipated costs and is now requesting authorization from council to approve a third change order to pay for the remaining $4,000. I. Laurie Sager and Associates; to prepare the permit application including required documentation $ 5,000 2. Laurie Sager and Associates; to develop a tree protection program 1,500 3. Structural Solutions Inc. (HEA sub-consultant) to design a sewer crossing to meet 500-year flood impacts 2,565 4 Additional work by HEA to provide additional mapping, layout design, and coordination services required by the water resources permit 4,000 Total $13,065.00 Approval of this change order would represent a 39% increase from the original $33,750 award of bid to Hardey Engineering. A summary of the project costs are as follows: Original Award of Bid $33,750 Amendment No. 1 3,950 Amendment No. 2 5,418 Amendment No. 3 4.000 Total $47,118 Page I of 3 CITY OF ASHLAND Project Overview The Ashland Creek Sanitary Sewer Rehabilitation project no. 2007-16 was developed to refurbish the 106 year old 21-inch diameter clay pipeline that was constructed along the west bank of Ashland Creek from Hersey Street northerly approximately 1,700 feet. The project has two distinct phases; the first of which is the relining of the old original pipeline by a process known as "Instituform Cured in Place Pipe" (CIPP). This process adds a new thickened interior to the pipe improving the structural integrity of the pipe while providing a much improved and smother flow channel. This process is done by inserting the material through the existing manholes so very little excavation will be required. The second phase of the project is the replacement of the sewer line across the former Vogel property (Ashland Creek Park). This portion of the project will utilize standard open trench methods of construction and will include a new creek crossing. The crossing and new sewer line will be designed to withstand a 500-year flood. This project had some unanticipated complexities that has resulted in the Council approving two previous amendments Amendment No.l The original 1905 easement upon which the sewer line was constructed has become largely unusable do to encroachments of trees, accessory buildings and landscaping. Rather than disrupt large areas of landscaping, it was elected to acquire access easements over more accessible areas where men and equipment could reach the sewer manholes. The cost of surveying and describing these easements was $3,950 which was authorized under contract amendment No. 1. Amendment No. 2 The reconstruction of a portion of the Million trunk sewer, which is located on the Ashland Creek Park property, became apparent when it was discovered that the flowline of the Ashland Creek Sewer, which receives the flow of the Million Sewer, was actually several inches higher than the Million Sewer causing a siltation problem. It was necessary to relocate the intersection point of the two sewer lines approximately 25 feet down-gradient so that the flow lines of the two sewers would match. The cost of this additional work is $5,418, which was authorized by the Council on June 21, 2011 as contract amendment no. 2. Proposed Amendment No. 3 This proposed contract amendment is required to complete the City's water resources permit to allow construction of the portion of this project within the water protection zone. The original contract with Hardey Engineering and Associates, Inc. (HEA) was approved prior to the approval and implementation of the water resources protection ordinance. This ordinance with its resulting requirements has added numerous duties and tasks which were not included in the engineer's scope of services, nor was there any way in which they could have been anticipated. The water resource protection permit is newly enacted and this project represents the first attempt to apply it to a major construction effort. The process is new to both the Community Development staff and to the consulting community and since there are no prior project applications to fall back on, we are all learning the process as we move forward. The learning process is also an expensive one as we slowly address each element of the ordinance as it applies to the work. Page 2 of 3 CITY OF ASHLAND To adequately address the various requirements of AMC Chapter 18.63 Public Works staff has found it necessary to seek additional professional assistance from consultants, both as City contracts and as sub-consultants to Hardey Engineering. This additional cost is the direct result of the water resources permitting process, which is an essential part of the project and is one that was not anticipated within the scope of services defined in the original contract. Related City Policies: Under AMC section 2.50.090 and OAR 137-047-0270 all contract amendments in excess of 25 percent of the original contract amount must be approved by the Council acting as the Local Contract Review Board. Council Options: • The Council, acting as the local contract review board, may elect to approve a $4,000 amendment to the existing Hardey Engineering, Inc contract. • The Council may decline to approve this amendment. Potential Motions: • Move to approve a $4,000 amendment to the existing contract with Hardey Engineering, Inc. • Move to deny the amendment to the existing contract with Hardey Engineering, Inc. Attachments: • Contract Amendment No. 3 • Vicinity Map Page 3 of 3 ENGINEERING SERVICES CONTRACT AMENDMENT NO. 3 Engineering services contract made on the date specified below in Recital A between the City and Engineer as follows: Recitals: A. The following information applies to this contract: CITY. CITY OF ASHLAND ENGINEER: Hardey Engineering & Assoc., City Hall Inc. 20 E. Main St. Address: PO Box 1625 Ashland, Oregon 97520 Medford, OR 97501 541 488-5347 FAX: 541 488-6006 Telephone: Fax: Date of this agreement: June 13, 2011 B: RFP Date: Proposal Date: September 2, 2008 ¶2.3 City Contracting Officer: Michael R. Faught, Director of Public Works ¶2.4. Project: Ashland Creek Trunk Sewer Rehabilitation Project#2007-16 %1. Engineer's Representative: James E. Higday, President 18.3. Original Contract Amount: $33,750.00 18.4. Previous Contract Ammendments: $9,368.00 B. AMENDMENT NO. 2 1. Modification to "Services to be provided" Add services per attached proposal and cost estimate dated Nov. 21, 2011 and made a part of this amendment. 2. Modification to "Compensation A. Add cost of extra work = $4000.00 B. Adjusted total contract amount = $47,118.00 (39.6% increase) CONSULTANT CITY BY BY City Department Head Fed. ID# DATE: Coding: (for City use only) 07-16 Hardey Contract Amend 3.doc b+ o Az O z'7 o Oa el ® � Sao o F � H Utz e d h � o s J y � ' c SAY 19M1xM e J 0 O O Y 9 ' 'uY xiYixnox - eP t uy �- �. m c - �+� €zee 0 s eno1=A iroeee.nao naTCO4n'r HARDEY ENGINEERING & AssociAT E5, INC _ November 21,2011 James Olson,Engineering Service Manager City of Ashland 20 East Main Street Ashland,OR 91520 Subject:ASHLAND CREEK SEWER EXTRA WORK(Physical and Environmental Constraints Review Permit) PROPOSED SCOPE OF WORK:We at Hardey Engineering would like to thank you for the opportunity to submit this Proposal for Services.The scope of work as we see it at this time Is to Civil Engineering services for the above mentioned project.The work Is more specifically as follows. Item 3- Physical and Environmental Constraints Review Permit .Provide exhibit maps as requested by Landscape Architect. Provide Engineering data and consulting as needed. Coordinate with City of Ashland and Landscape Architect as needed. Item 2—Water Resources Permit Coordinate with landscape Architect and provide engineering data as required. Provide mapping and layouts services. The above mentioned work will be performed on a not to exceed basis,estimated to be$4,000 In accordance with our current billing rates and Standard Contract Provisions which are normally associated with a project of this nature and does not include any fees for permit applications,filing,etc.that may be required by government agencies as part of the approval of the construction process. If we anticipate our fees to exceed the estimate,we will notify you with an explanation as to why the excess Is anticipated. We will not exceed the budgeted amount without your prior approval. If this proposal meets with your approval,please have an authorized representative or owner sign,date and return one copy to this office. By signing,both Hardey Engineering&Associates,and the owner will be bound to the other party to this agreement and to the partners,successors,executors,administrators and legal representatives of such other party in respect of all covenants,agreements and obligations of this agreement. We will proceed with work upon receipt of the signed Contract for Servlces. Thank you for the opportunity to submit this Proposal for Services. We are looking forward to the opportunity to serve you on this project. If you have any questions,please do not hesitate to call. Principal In Charge ACCEPTED HARDEY ENGINEERING&ASSOCIATES,INC. CITYOFASHIAND 6Y. (� L Authorized Signature Title: ��LJ frXd.J! TRIe: . Date November 21 2011 Date: WARRANTY OF AUTHORIZATION-The person signing this authorisation,accepting this proposal,warrants he/she has authority as,or on behalf of,the Client,Owner,Partnership,or Corporation for whom or for whose benefit Harley Engineering&Associates,Ina Would render servke. Said person agrees that he/she is personally liable for all breaches of the agreement and that In any action against him/her for breach of such warranty,a reasonable attorney's fee shall be Included in any judgment rendered. r ltaa