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HomeMy WebLinkAbout2024.05.13 Council Workshop Packet AGENDA City Council Workshop Meeting 7:00 PM - Monday, May 13, 2024 Pasco City Hall, Council Chambers & GoToWebinar Page 1. MEETING INSTRUCTIONS for REMOTE ACCESS - The Pasco City Council Workshops are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. To listen to the meeting via phone, call (914) 614-3221 and use access code 347-125-017. 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. VERBAL REPORTS FROM COUNCILMEMBERS 5. ITEMS FOR DISCUSSION WITH OPPORUTNITY FOR PUBLIC COMMENT – the public may comment on each topic scheduled for discussion, up to 2 minutes per person with a total of 8 minutes per item. If opposing sides wish to speak, then both sides receive an equal amount of time to speak or up to 4 minutes each side 3 - 19 (a) Resolution - Collection Services with Washington Collectors Tri- Cities, Inc. Collection Agency Contract (10 minutes) 20 - 32 (b) Resolution - Bid Award for Broadmoor Area Tax Increment Financing Improvements – Broadmoor/Burns Intersection Improvements (5 minutes) 33 - 44 (c) Resolution - Bid Award for Court Street and Road 68 Intersection Improvements (3 minutes) 45 - 65 (d) Ordinance - Amend PMC Sect. 3.35.060 for Cemetery Page 1 of 94 Fees/Charges (5 minutes) 66 - 83 (e) Resolution - RAVE Foundation - Futsal Court Partnership (5 minutes) Presentation from Recreation Services Manager Brent Kubalek 84 - 92 (f) Boys and Girls Clubs of Benton & Franklin Counties ARPA Discussion 6. MISCELLANEOUS COUNCIL DISCUSSION 7. EXECUTIVE SESSION (30 minutes) (a) Qualifications of an Applicant for Public Employment per RCW 42.30.110(1)(g) (10 minutes) (b) Discussion with Legal Counsel About Current or Potential Litigation per RCW 42.30.110(1)(i) (10 minutes) (c) Consideration of the Minimum Offering Price for Sale or Lease of Real Estate if There’s a Likelihood that Disclosure Would Decrease the Price per RCW 42.30.110(1)(c) (10 minutes) 8. ADJOURNMENT 9. ADDITIONAL NOTES 93 - 94 (a) Adopted Council Goals (Reference Only) (b) This meeting is broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 2 of 94 AGENDA REPORT FOR: City Council May 7, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 5/13/24 FROM: Darcy Buckley, Finance Director Finance SUBJECT: Resolution - Collection Services with Washington Collectors Tri-Cities, Inc. Collection Agency Contract (10 minutes) I. REFERENCE(S): Draft Resolution Proposed Contract II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: The contract stipulates that the City is entitled to the full principal amount, as well as a portion of the interest earned from payments. The collection agency's fees are set at 40% of the account value assigned to them and are payable to the agency. Any accrued interest income is to be split equally between the collection agency and the City. IV. HISTORY AND FACTS BRIEF: For many years, the City has contracted Washington Collectors Tri-Cities Inc., a local Pasco company, to manage the collection of delinquent accounts and other outstanding bills. These delinquencies are most commonly associated with ambulance transport billings, miscellaneous billings for services, and various enforcement fees by the Municipal Court. Most recently, the City entered into a five-year agreement with Washington Collectors Tri-Cities Inc., spanning from 2018 to 2022, to handle collections for both the Municipal Court and the Finance Department. City staff has collaborated with Washington Collectors Tri-Cities Inc. to revise and clarify the language and procedures of the contract. State law mandates Page 3 of 94 that collection agencies adhere to specific procedures. V. DISCUSSION: Staff recommends approval of the contract with Washington Collectors Tri- Cities Inc; Finance Director Buckley will provide a brief presentation on billing types as well as processes and efforts staff make before moving into the collection process. Page 4 of 94 Resolution – Collection Agency Contract - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE A COLLECTION AGENCY CONTRACT WITH WASHINGTON COLLECTORS TRI-CITIES, INC., FOR COLLECTION SERVICES. WHEREAS, the City of Pasco (City), under RCW 19.16.500(1), may retain collection agencies by written contract, to collect public debts owed by any person; and WHEREAS, the City has been utilizing Washington Collectors Tri-Cities, Inc. for collection services since November of 1999; and WHEREAS, Washington Collectors Tri-Cities, Inc has consistently delivered exceptional service, fostering a longstanding and mutually beneficial relationship with the City; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into a Collection Agency Contract with Washington Collectors Tri-Cities Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco approves the terms and conditions of the Collection Agency Contract between the City of Pasco and Washington Collectors Tri-Cities, Inc. as attached hereto and incorporated herein as Exhibit A. Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute said Collection Agency Contract on behalf of the City of Pasco; and to make minor substantive changes as necessary to execute the Contract. Be It Further Resolved, that this Resolution shall take effect immediately. Page 5 of 94 Resolution – Collection Agency Contract - 2 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 6 of 94 Page 1 of 5 CITY OF PASCO COLLECTION AGENCY CONTRACT THIS CONTRACT is made and entered into by and between the City of Pasco, a municipal corporation of the State of Washington, hereinafter referred to as “City”, and Washington Collectors Tri-Cities, Inc., a collection agency duly licensed under and pursuant to the laws of the State of Washington, hereinafter referred to as the “Agent.” R E C I T A L S: WHEREAS, the City desires the Agent to undertake the collection of delinquent accounts from time to time in the manner and under the terms and conditions hereinafter set forth; and WHEREAS, the parties contemplate a future course of dealing as the City and the Agent, and desire to set forth and define herein the mutual rights, obligations, and liabilities of the parties hereto in such course of dealings. NOW, THEREFORE, in consideration of the promises and of the mutual agreements of the parties hereto, it is hereby agreed as follows: 1. AGENT APPOINTED: The City hereby appoints the Agent as its agent to collect and receive for the City all sums of money due and payable to the City of Pasco for debts which the City lists with the Agent. Where Municipal Court accounts are sent to the Agency, handling of all accounts is subject to the ongoing jurisdiction of the Pasco Municipal Court (the Court). 2. COMPLIANCE WITH LAW: The Agent shall comply with the collection laws of the State of Washington and Public Law 95- 109 (Fair Debt Collection Practices Act) and all Federal regulations and laws governing collections, including those mandated under the Health Insurance Portability and Accountability Act (HIPAA). New legislation affecting the City or the Agent with respect to terms and conditions of this contract shall be made a part of this contract by notice of either party to the other and in all cases compliance with the statute on its effective date shall be implemented until such time as an addendum to the contract can be written. 3. DEFINITIONS: A. “City” means the City of Pasco and all its departments and divisions, including, but not limited to the Finance Division and the Municipal Court. B. “Collections” means monies collected from Debtor by the Agent after date on which the Agent acknowledges receipt of the account. Remittance statements for collections will show amounts for principal, contingent fees and interest separately. Page 7 of 94 Page 2 of 5 C. “Contingent Fees” means money due to the Agent from the City in payment for collection services rendered, pursuant to RCW 19.16.500 D. “Court” means the City of Pasco Municipal Court. E. “Debt” means unpaid amounts owed to the City including, but not limited to, utility billings, ambulance billings, cemetery or other miscellaneous billings referred by the Finance Division, plus unpaid infractions, criminal fines, civil judgments, and other costs, assessments and forfeitures that have been imposed by the Court. F. “Debtor” means any individual, partnership, corporation or other entity which owes money to the City. 4. TERM: A. This Contract shall continue in effect for a period beginning January 1, 2023, and ending December 31, 202-74, unless earlier terminated as provided for in Section 10 of this contract. B. Except as authorized/directed by the Court, the City will not accept payment on any account which has been listed with the Agent, but will refer the debtor to the Agent for payment, and the City agrees that any holds (i.e., DOL adjudication, utility liens, abatement or code enforcement liens, other); will not be released until all principal, contingent fees and interest are satisfied. 5. COMPROMISE SETTLEMENT: Except as authorized/directed by the Court, the Agent shall not accept any compromise settlement of principal amounts due the City without prior approval of the City. Except as authorized/directed by the Court, the City shall not accept any compromise settlement of contingent fees and/or interest due the Agent without prior consultation with the Agent. After a case has been listed with the Agent for in excess of 30 days, for all cases not related to Court accounts, the City will limit requests for account cancellations to special circumstances (such as error or failure of reasonable notice) and prior consultation with the Agent. 6. RELATIONSHIP OF PARTIES: The Agent is an independent contractor, and nothing contained in this contract shall be construed as constituting the Agent as servant, agent or employee of City. The Agent is solely responsible for the employment, acts and omissions, control and direction of its employees. Page 8 of 94 Page 3 of 5 7. INDEMNIFICATION: The Agent shall indemnify and save the City harmless from any and all claims, demands, or causes of action asserted against the City, arising out of or in any way connected with the collection activities of the Agent on accounts referred to the Agent by the City, except due to the sole negligence of the City. 8. DESCRIPTION OF SERVICES: Subject to the ongoing jurisdiction of the Court, the Agent’s services are to be provided under the following conditions: A. All costs associated with pre-collection and collection, including postage, supplies, and staff, will be provided by the Agent. B. Pre-collection services and monies collected during pre-collection are not subject to contingent fees. No monies will be collected by the Agent during pre-collection. All payments during pre-collection shall be forwarded to the City. C. Monies collected during regular collection will be subject to contingent fees and reported as applicable to the City Finance Division and remitted on a monthly (by the 15th of each month respectively) basis or reported as applicable to the Court and remitted on a monthly basis. In both cases, remittance statements will show principal amounts and contingent fees separately. Interest postings will be remitted monthly on a separate statement. D. In all cases where the Revised Code of Washington (RCW 19.16.500) allows contingent fees, such contingent fees will be added to the account balance pursuant to statute, at a rate of 40%, after pre-collection. Interest collected shall be split equally between the City and the Agent. E. Direct contact with Debtors will be by trained collection staff. F. The Agent will advance legal costs and have an attorney on retainer. G. The Agent will provide reports and a variety of specialize reports monthly. Semi- annual and annual recaps of performance, for all types of accounts, will also b e provided. H. The License Restoration Program and its process will be at the discretion of the Agent, subject to the Court’s approval of the Agent’s policies and procedures. I. Subject to the ongoing jurisdiction of the Court, the City shall not waive or reduce the Agent’s processing fee without consultation with the Agent. J. If the City accepts payment on any account which has been listed with the Agent. Page 9 of 94 Page 4 of 5 The City will forward payment to the Agent to be applied accordingly. K. In cases where payment is made by personal check, posting to release the hold will be made when the check clears. L. In cases where the Court places a “DOL” hold, the hold will remain in place until all principal, contingent fees and interest are satisfied. In cases where payment is made by personal check, a two-week clearing time will be placed on the posting before the “DOL” hold will be released. 9. KEY CONTACT PERSONS: The authorized contact personnel for the City are: • Finance Division o Darcy Buckley, Finance Director o Precilla Andaya, Utility Billing Manager o Felix Faris, Accounts Receivable Clerk • Municipal Court o Elizabeth Porras The key contact personnel for the Agent are: • Marcie Grace • Jeana Mathews 10. EARLY TERMINATION: Either party may at any time cause this contract to terminate without cause, upon giving ninety (90) days written notice to the other party. The contract shall terminate at the end of the nine ty days. 11. ASSURANCE OF NON-DISCRIMINATION: The Agent hereby confirms, agrees to, and assures compliance with non-discriminatory practices consistent with Titles VI and VII of the 1964 Civil Rights Act as amended in 1972; Executive Order 11246 as amended by Executive Order 11375; Sections 503 and 504 of the Rehabilitation Act of 1975 and the Age Discrimination in Employment Act of 1967; the 1974 Vietnam Era Veteran Readjustment Assistance Act; and the Washington State Laws Against Discrimination, Chapter 490 RCW. Page 10 of 94 Page 5 of 5 Approved and executed on the _______ day of ____________________, 2024. WASHINGTON COLLECTORS TRI-CITIES, INC. _____________________________________ SEAN LAMB President Approved and executed on the _______ day of ____________________, 2024. CITY OF PASCO _____________________________________ Adam Lincoln, Interim City Manager ATTEST APPROVED AS TO FORM: _____________________________________ _________________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 11 of 94 Pasco City Council Meeting May 13, 2024 Pa g e 1 2 o f 9 4 Customer Service Relationship Supply service Accurate Billing Resolve any inquires Negotiate Payment Plan, if needed Courtesy Reminders Pa g e 1 3 o f 9 4 What type of billing does the City create? Utilities: Covers water, sewer, irrigation, stormwater, and ambulance availability charges. Ambulance: Charges for emergency medical transports handled by a specialized billing company. Code Enforcement: Bills for penalties or actions taken to address non-compliance with city codes. Cemetery: Charges for cemetery services and related goods. Miscellaneous: Leases, engineering services, process water reuse, loan or grant reimbursements, and other contractual agreements. Municipal Court: Fees, fines, judgments, and other costs imposed by the city court for infractions or civil matters. Pa g e 1 4 o f 9 4 City Efforts Payment Arrangements: The City offers flexible payment arrangements to accommodate our customers financial situations. Disputed Billing: Collection efforts are paused if billing is disputed, allowing time for resolution. Pre-Collection Notice: Before sending accounts to collections, we send a pre-collection notice, giving customers a final opportunity to settle their debts. Recent Change: Pasco Municipal Court to manage accounts under its jurisdiction, ensuring legal compliance and efficient handling. Pa g e 1 5 o f 9 4 Collection Process Revised Code of Washington 19.16.500 – Authorizes local governments to use collection agencies to collect public debts. May add a reasonable fee to the unpaid debt to serve as collection agency compensation. Collection agency bears all cost of pre- collection and collection, including postage, supplies and staff. During pre- collection period no collection fees assessed. Following pre- collection, 40% rate is applied to outstanding balance. RCW allows 50% rate. Pa g e 1 6 o f 9 4 Type of Billing Adjustments Direct Write Offs: •We directly write off small balances to avoid unnecessary burden on our customers. •For ambulance billings, discounts mandated by Medicare or Medicaid are applied, regardless of delinquency, alleviating financial strain on our customers. Referred to Collection: •Accounts are referred to collection only if they exceed the small balance threshold, minimizing undue pressure on our customers. •Collections are initiated only when payment becomes delinquent, giving customers time to address their obligations. Pa g e 1 7 o f 9 4 Collection Relationship •City has contracted with Washington Collectors since 1999. •The agency must comply with State and Federal regulations. •Current contract revision documented that all handling of Pasco Municipal Court accounts are subject to the ongoing jurisdiction of the Court and as such the Court can direct compromise settlements. •Any monies collected are remitted to the City monthly. •Any interest earned is share between City and Agency. Pa g e 1 8 o f 9 4 Pasco City Council Meeting May 13, 2024 Pa g e 1 9 o f 9 4 AGENDA REPORT FOR: City Council April 17, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 5/13/24 FROM: Maria Serra, Interim Director Public Works SUBJECT: Resolution - Bid Award for Broadmoor Area Tax Increment Financing Improvements (5 Improvements – Broadmoor/Burns Intersection minutes) I. REFERENCE(S): Resolution PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion. III. FISCAL IMPACT: Construction Contract: $2,695,994.19 Funding is provided by Utility Rates, Tax Increment Financing, and Developer Contributions in the form of Proportionate Share Mitigation defined by SEPA. The Adopted 2023-2024 Biennial Budget and the Proportionate Share Contributions received provide the funding to cover the $2,791,000 necessary to cover construction and construction management/administration costs. IV. HISTORY AND FACTS BRIEF: The Broadmoor area has the opportunity, if developed properly, to serve as a significant economic engine for the Pasco community providing for increased tax revenues to support City services and provide significant employment opportunities for the residents of Pasco. In addition to the economic stimulus, the development of the Broadmoor area will provide the necessary residential units to meet the demands of the population growth projected for the area by the State of Washington. Page 20 of 94 The Washington State Legislature, during its 2021 legislative session, enacted “AN ACT Relating to tax increment financing” and codified as RCW 39.114 (the “TIF” Act), which authorizes local governments, including cities, to carry out tax increment financing of the public improvements needed to support vital private economic development projects. Tax Increment Financing (TIF) is a program that allocates revenues generated from the increased assessed valuation of properties improved by private development that are within a designated Tax Increment Area (TIA) to pay for public improvements that are needed to support development. Council adopted Ordinance No. 4618, on October 31, 2022, designating a specific TIF area of approximately 671 acres in the Broadmoor area. The Broadmoor Area TIF Improvements – Broadmoor/Burns Intersection Improvements project is the third phase of a multi-phased project planned to make key infrastructure improvements necessary to promote development in this area. These improvements fall within the scope of allowable work as defined by Section 4 of Ordinance No. 4618. V. DISCUSSION: The Phase 1A project provided for rough grading for the alignments of Road 108, Sandifur Parkway and a utility corridor, in anticipation of the construction of utilities and roadways, in subsequent phases. The Phase 1B Utililty Package Phase project is still currently under construction. The goal of this project is to install critical utility infrastructure backbone that will serve the entire Broadmoor Area. The alignments of these utilities were selected to allow one of the future planned phases to construct arterials and collectors that will make up the heart of the transportation grid in this area. This phase is anticipated to be complete late summer/early fall of 2024. This third phase of the Broadmoor TIF improvements will address deficiencies at the intersection of Broadmoor and Burns, which is a key access point to the Broadmoor area. There are two new public schools to the east that use this intersection as an access point as well. This project will provide a signalized intersection, dedicated turn lanes, and multi-modal considerations intended to both raise the vehicular level of service and provide a safe environment for pedestrians and bicyclists. The property owner has dedicated the adequate rights-of-way for this phase. Page 21 of 94 Broadmoor/Burns Intersection Improvements project was advertised for bids on March 6, 2024, and March 13, 2024, respectively. On March 28, 2024 a public bid opening was held at 2:00 PM. A total of two (2) bids were received. The lowest responsible, responsive bidder is Apollo, Inc. Kennewick, WA in the amount of $2,695,994.19. The Engineer's Estimate is $3,666,377.82. The second bid was submitted by Culbert Construction in the amount of $2,980,468.09. The Engineer of Record, PBS Engineering & Environmental Incorporated, and City staff completed the review of the bid submittal, and no exemptions or irregularities were found. Staff recommends award of the contract for Broadmoor Area TIF Improvements –Broadmoor/Burns Intersection Improvements project to Apollo, Inc. Kennewick, WA in the amount of $2,695,994.19. Page 22 of 94 Resolution –Broadmoor/Burns Intersection Improvements Project Bid Award - 1 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AWARDING BID NO. 24595 FOR THE BROADMOOR AREA TAX INCREMENT FINANCING IMPROVEMENTS – BROADMOOR/BURNS INTERSECTION IMPROVEMENTS PROJECT TO APOLLO, INC. OF KENNEWICK, WASHINGTON; AND FURTHER, AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT DOCUMENTS. WHEREAS, the City of Pasco (City) identified the Broadmoor Area Tax Increment Financing Improvements – Broadmoor/Burns Intersection Improvements Project in the approved Capital Improvement Plan; and WHEREAS, this Contract provides for roadway improvements including widening, additional dedicated turn lanes, a new traffic signal and multi-modal transportation accommodations in the form of sidewalks and a multi-use path; and WHEREAS, the City solicited sealed public bids for this project, identified as Broadmoor Area Tax Increment Financing (TIF) Improvements – Broadmoor/Burns Intersection Improvements Project; and WHEREAS, on March, 28, 2024, at 2:00 p.m., two (2) bids were received and opened by the City; and WHEREAS, the lowest responsive bidder was Apollo, Inc. with a bid of $2,695,994.19, the Engineer’s Estimate was $3,666,377.82; and WHEREAS, the bid documentation was reviewed, and the bidder was determined to be responsible and responsive. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City hereby awards the Broadmoor Area Tax Increment Financing (TIF) Improvements – Broadmoor/Burns Intersection Improvements Project to Apollo, Inc. of Kennewick, WA, in the amount of $2,695,994.19; and further authorizes the City Manager to execute the Contract documents. Be It Further Resolved, that this Resolution shall take effect and be in full force immediately upon passage by the City Council. Page 23 of 94 Resolution –Broadmoor/Burns Intersection Improvements Project Bid Award - 2 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _______________, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 24 of 94 Pasco City Council Workshop Meeting May 13, 2024 Pa g e 2 5 o f 9 4 Broadmoor Area TIF Broadmoor/Burns Intersection PROJECT SCOPE •Traffic Signal •Dedicated Turn Lanes •Multiuse pathway/Bike Lanes •SidewalksPa g e 2 6 o f 9 4 Broadmoor Area TIF Broadmoor/Burns Intersection Pa g e 2 7 o f 9 4 Broadmoor Area TIF Broadmoor/Burns Intersection Pa g e 2 8 o f 9 4 Outreach Plan PRIOR TO CONSTRUCTION COMMENCEMENT contractor is to provide: •Reader Board advertising project start date and pertinent information. •Notice to utilities and service providers •Coordination with property owners, transit, and BDI for local access. All interruptions require a minimum of 48hrs advanced notice prior to implementation. Additionally, contractor to provide City with notice of traffic revisions at least 1 week prior to implementation Pa g e 2 9 o f 9 4 Outreach Plan PAST •Project webpage updates •Coordination directly with PSD UPCOMING •Social media campaign •Traditional media •Project Specific Post Cards sent via US Mail Pa g e 3 0 o f 9 4 Broadmoor Area TIF Broadmoor/Burns Intersection •Eng. Estimate: $3,666,377.82 •Lowest Responsive, Responsible bidder: $ 2,695,994.19 Apollo, Inc. of Kennewick, WA •$2,791,000 is needed to cover construction costs and construction management/administrative costs. FUNDING TIF Funds $2,272,870 Developer Contributions $368,130 Irrigation Utility Funds $150,000 TOTAL $2,791,000 Pa g e 3 1 o f 9 4 Questions?Pa g e 3 2 o f 9 4 AGENDA REPORT FOR: City Council May 7, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 5/13/24 FROM: Maria Serra, Interim Director Public Works SUBJECT: Resolution - Bid Award for Court Street and Road 68 Intersection Improvements (3 minutes) I. REFERENCE(S): Resolution Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Proposed Bid Award: $2,606,987.97 Funded through: Surface Transportation Block Group Program (Federal Grant): $2,034,552.00 Transportation Improvement Board (State Grant): $1,600,000.00 IV. HISTORY AND FACTS BRIEF: Road 68 serves as a vital north-south arterial route, facilitating significant traffic flow within the City and Franklin County. Similarly, Court Street acts as an east-west arterial corridor, linking residential sectors with the City's major commercial districts. According to the 2020 Local Road Safety Plan, this intersection is identified as a critical area for safety improvements due to its high collision frequency and nature. The proposed project encompasses improvements on W Court Street from N 66 Place to Hilbert Lane and on Road 68, extending approximately 350 feet north and south of the intersection. This area has become increasingly hazardous and necessitates enhancements, partly due to rising Average Daily Traffic (ADT) resulting from local development, which has introduced more Page 33 of 94 vehicles into the intersection. Plans include transforming this junction into a roundabout and installing bike lanes. Additionally, the project will incorporate infrastructure upgrades such as sewer line extensions to the east and north, stormwater management improvements, and the installation of curb and gutter systems, curb ramps, a water main extension, and additional street lighting. the to commitment the with Council's in are initiatives These alignment Complete Streets ordinance, aiming to enhance safety across all transportation modes and minimize the occurrence of collisions. V. DISCUSSION: The Project was advertised for bids on April 10 and April 17, 2024. On May 2, 2024, bids were publicly opened at 2:00 p.m. As part of the competitive formal bid processes, a total of three (3) bids were received. The lowest responsive bid was submitted by Ellison Earthwork, LLC of Richland, WA in the amount of $2,606,987.97. The Engineer's Estimate is $2,723,183.00. Bid Tabulation $3,019,338.73 Apollo, Inc $3,195,000.81 Ellison Earthwork, LLC $2,606,987.97 City Staff completed the review of the bid submittal package and found only a minor irregularity. WSDOT Headquarters of Local Programs concurs with the award to the apparent low, responsive bidder. City Staff recommends award of the bid to Ellison Earthwork, LLC of Richland, WA. Page 34 of 94 Resolution – Court Street & Road 68 Intersection Improvements Bid Award - 1 Version 03.04.2024 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AWARDING BID NO. 19043 FOR COURT STREET & ROAD 68 INTERSECTION IMPROVEMENTS PROJECT TO ELLISON EARTHWORKS, LLC. WHEREAS, the City of Pasco (City) identified the Court Street & Road 68 Intersection Improvements in the approved Capital Improvement Plan; and WHEREAS, this Contract provides for the installation of a single lane roundabout that includes pedestrian ramps, driveway, sidewalk and sewer main extensions, joint trench, street light installation, storm water utility work, fire hydrant relocations, water main work, marking, permanent signing, traffic control; and WHEREAS, the City solicited sealed public bids for this project, identified as Court Street & Road 68 Intersection Improvements Project; and WHEREAS, on May 2, 2024, at 2:00 p.m., three (3) bids were received and opened by the City; and WHEREAS, the lowest responsive bidder was Ellison Earthworks, LLC with a bid of $2,606,987.97, the Engineer’s Estimate was $2,723,183; and WHEREAS, the bid documentation was reviewed, and the bidder was determined to be responsible and responsive. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City hereby awards the Court Street & Road 68 Intersection Improvements Project to Ellison Earthworks, LLC, in the amount of $2,606,987.97; and further authorizes the City Manager to execute the Contract documents. Be It Further Resolved that this Resolution shall take effect and be in full force immediately upon passage by the City Council. Page 35 of 94 Resolution – Court Street & Road 68 Intersection Improvements Bid Award - 2 Version 03.04.2024 PASSED by the City Council of the City of Pasco, Washington, on this ____ day of_____, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 36 of 94 Pasco City Council Workshop Meeting May 13, 2024 Pa g e 3 7 o f 9 4 Court St and Road 68 Intersection Improvements PROJECT SCOPE •Roundabout •Bike lanes •Sidewalks •Two-way-left-turn lane •Curb Ramps/Driveways •Addresses 2020 Local Road Safety Plan Pa g e 3 8 o f 9 4 Court St and Road 68 Intersection Improvements Facing Northeast PROPOSED CONFIGURATION Pa g e 3 9 o f 9 4 Outreach Plan PAST • Project webpage updates • Direct mailings to property owners along the corridor • Direct coordination on driveway reconfigurations UPCOMING • Postcards to property owners along the corridor and the neighborhood • Social media campaign • Traditional media Pa g e 4 0 o f 9 4 Outreach Plan Public Outreach Fact Sheet Public Outreach Postcard Pa g e 4 1 o f 9 4 Outreach Plan UPON CONSTRUCTION commencement contractor is to provide: • Bilingual Door hangers with contact information • Notice to utilities and service providers • Coordination with property owners for local access, driveway work, temporary parking restrictions and any other temporary disruptions They require a minimum of 48hrs advanced notice. Additionally, contractor to provide City with notice of traffic revisions at least 1 week prior to implementation Pa g e 4 2 o f 9 4 Court St and Road 68 Intersection Improvements Eng. Estimate: $2,723,183 Lowest Responsive, Responsible bidder: $ 2,606,987.97 Ellison Earthworks, LLC of Richland, WA FUNDING 2,034,552Federal STBG Grant 1,600,000State TIB Grant 1,094,367Local funds 4,728,919TOTAL Pa g e 4 3 o f 9 4 Questions?Pa g e 4 4 o f 9 4 AGENDA REPORT FOR: City Council May 8, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 5/13/24 FROM: Jesse Rice, Director Parks & Recreation SUBJECT: Ordinance - Amend PMC Sect. 3.35.060 for Cemetery Fees/Charges (5 minutes) I. REFERENCE(S): Ordinance PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The City of Pasco has operated the City View Cemetery since 1923. The cemetery is a serene and dignified final resting place encompassing 22 beautifully maintained acres which offers a peaceful sanctuary for remembrance and reflection of passed loved ones. On-site staff provide compassionate and professional assistance to families, including burials, memorial markers, niches, remembrance wall, and perpetual care. In addition to traditional cemetery services, the facility also hosts several annual remembrance events including Memorial Day, Veteran's Day, and Wreaths Across America. The cemetery has two service fee structures;  Base Rate service fees, set by City Ordinance which include: Burial plots, inurnment, internment, and endowment care.  Market Rate service fees, set by the City Manager's Office which include liners, vases, urns, niches, memorial placement, and inscription Page 45 of 94 services. These two fee structures combine to create the Cemetery Inclusive Services Price Sheet posted at the Cemetery. The previous cemetery services fee increase was in 2009. Due to increasing costs of maintenance, services, and materials staff performed a market analysis of similar offered services at local cemeteries and found our rates were lower for some of the services and higher for others. Based on the study and current operating costs, staff recommends setting Base service rates as listed in the following table. Page 46 of 94 Staff will also request City Manager to set new rates for Market items as listed in the following table to align with current operating and supply costs. These rates will come into effect 10 days after posting the new price list at the Cemetery. Page 47 of 94 Page 48 of 94 As an example, the combined rate changes would impact a standard adult burial as listed: V. DISCUSSION: Staff recommends approval of the Ordinance amending the PMC Section 3.35.060 Cemetery, for its fees/charges to implement new rates identified in this report. Page 49 of 94 Ordinance – Amending PMC 3.35.060 - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING PASCO MUNICIPAL CODE SECTION 3.35.060 “CEMETERY” FEES. WHEREAS, the City of Pasco (City) provides cemetery services for the benefit of the public, which include associated fees, for those services that are billed to the customer; and WHEREAS, the City Council shall from time to time, by ordinance, provide for the setting of base charges and fees for cemetery goods and services as it deems appropriate. WHEREAS, the cemetery fees have not been updated since 2008; and WHEREAS, the combination of inflation and market comparability has created a need for the cemetery fees to be adjusted; and WHEREAS, the purpose of this amendment is to update cemetery fees to meet current costs associated with operating this cemetery. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the PMC Section 3.35.060 “Cemetery” is hereby amended and shall read as follows: Section 3.35.060 Cemetery Base fees and charges. (Other fees and charges set based on market conditions.) Fee/Charge Reference Charge for lots exclusive of endowment care Baby $250.00 Ord. 3881 Adult and juvenile $650.00 $700.00- $900.00 Ord. 3881 ______ Juvenile $400.00 Ord. _____ Urn $340.00 $400.00 Ord. 3881 ______ Urn (on existing grave) $170.00 $200.00 Ord. 3881 ______ Page 50 of 94 Ordinance – Amending PMC 3.35.060 - 2 Charge for lots exclusive of endowment care Niche prices posted at cemetery Ord. 4109 Charges for burials, inurnment Baby $450.00 Ord. 3881 Adult and juvenile $725.00 $850.00 Ord. 3881 ______ Juvenile $450.00 Ord. _____ Urn (burial) $275.00 $300.00 Ord. 3881 ______ Niche (inurnment) $275.00 Ord. 3881 Charges for disinterment Baby $450.00 Ord. 3881 Adult and juvenile $725.00 $850.00 Ord. 3881 Juvenile $450.00 Ord. ____ Urn $275.00 $300.00 Ord. 3881 Niche $275.00 Ord. 3881 Charges for endowment care 30% of cost Ord. 3881 Section 2. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this Ordinance. Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 4. Effective Date. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Page 51 of 94 Ordinance – Amending PMC 3.35.060 - 3 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Page 52 of 94 Pasco City Council Meeting May 13, 2024 Pa g e 5 3 o f 9 4 City View Cemetery 1300 N. Oregon Ave 22 Maintained Acres Operated since 1923 Multi-Service Facility Pa g e 5 4 o f 9 4 City View Cemetery Features include: •Veteran’s Memorial •Railroad Memorial •Meditation Sitting Areas •Pet Memorial Area •Columbarium Special Events: •Memorial Day Service •Veteran’s Day Service •Wreaths Across America •Volunteer Clean-up Days Pa g e 5 5 o f 9 4 City View Cemetery Fees Cemetery has two fee structures to support operations: •Base Rates, set by City Council via P.M.C. •Market Rates, set by City Manager via posting at Cemetery Previous Cemetery Fee review and increase was in 2009 Increase in materials, supplies, and labor costs initiated fee comparison to other local cemeteries. Study identified some services were lower or higher in comparison prompting request to change fees Pa g e 5 6 o f 9 4 City View Cemetery Fees Rate Comparison CEMETERY 4CEMETERY 3CEMETERY 2CEMETERY 1 CITY VIEW  CEMETERYCurrent Rates CHARGE FOR LOTS  EXCLUSIVE OF  ENDOWMENT CARE $400$325.00$400$350$250BABY $450$500.00$500N/A$395JUVENILE $1,500 ‐$2,500$950 ‐$1,600$500$1,300 ‐$1500$650 ‐$890ADULT  $615$1,200 ‐$1,600$400$1,200 ‐$1,900$400URN $615$1,200 ‐$1,600$300N/A$200URN (ON EXISTING GRAVE) $850N/AN/AN/A$620VETERANS CHARGES FOR BURIALS,  INURNMENT $350$300$495$300$450BABY $375$500$995$500$450JUVENILE $825 ‐$840$1,600 ‐$2,500$995$1,600 ‐$2,500$725ADULT   $375$650 ‐$900$395$650 ‐$900$275URN (BURIAL) $590 ‐$1,600$400$395$400$275NICHE (INURNMENT) CHARGES FOR  DISINTERMENT $350$300$495$300$450BABY $375$500$995$500$450JUVENILE $1,830$1,600 ‐$2,500$995$1,600 ‐$2,500$725ADULT   $750$650 ‐$900$395$650 ‐$900$275URN $750$400$395$400$275NICHE Pa g e 5 7 o f 9 4 City View Cemetery Fees Rate Comparison continued CEMETERY 4CEMETERY 3CEMETERY 2CEMETERY 1 CITY VIEW  CEMETERYCurrent Rates CHARGES FOR ENDOWMENT  CARE $100$64$80$64$75.00BABY $100$100$100$100$118.50JUVENILE $250$280 ‐$500$100$280 ‐$500$195 ‐$267ADULT   $250$120 ‐$160$80$120 ‐$180$195 ‐$267URN $250$120 ‐$160$400$120 ‐$180$187.50 ‐$232.50NICHE ADDITIONAL PRODUCTS &  SERVICES $350$795$235LINER ‐BABY $375$795$375LINER ‐JUVENILE $900$795 ‐$1,500$1,100$1,295 ‐$1,950$675LINER ‐ADULT   $375$150$150URN  Pa g e 5 8 o f 9 4 City View Cemetery Fees New Base Rates INCREASE  AMOUNT % OF  CHANGENEW RATECURRENT RATENEW CEMETERY BASE SERVICES ‐Set By Council CHARGE FOR LOTS  $0.000.00%$250.00$250.00BABY $5.001.27%$400.00$395.00JUVENILE $50.007.69%$700.00$650.00ADULT ‐Flat Marker $10.001.12%$900.00$890.00ADULT ‐Upright Marker $50.007.69%$700.00$650.00URN ‐Flat Marker $10.001.12%$900.00$890.00URN ‐Upright Marker $0.000.00%$200.00$200.00URN (ON EXITING GRAVE) $0.000.00%$620.00$620.00VETERANS ‐Flat or Upright CHARGES FOR INTERMENT\INURNMENT ‐$175.00‐38.89%$275.00$450.00BABY $0.000.00%$450.00$450.00JUVENILE $125.0017.24%$850.00$725.00ADULT   $25.009.09%$300.00$275.00URN (BURIAL) $0.000.00%$275.00$275.00NICHE (INURNMENT) Pa g e 5 9 o f 9 4 City View Cemetery Fees New Base Rates continued INCREASE  AMOUNT % OF  CHANGENEW RATECURRENT RATENEW CEMETERY BASE SERVICES ‐Set By Council CHARGES FOR DISINTERMENT\DISINURNMENT $0.000.00%$450.00$450.00BABY $0.000.00%$450.00$450.00JUVENILE $125.0017.24%$850.00$725.00ADULT   $25.009.09%$300.00$275.00URN $0.000.00%$275.00$275.00NICHE CHARGES FOR ENDOWMENT CARE (30%) $0.000.00%$75.00$75.00BABY $1.501.27%$120.00$118.50JUVENILE $15.007.69%$210.00$195.00ADULT ‐Flat Marker $3.001.12%$270.00$267.00ADULT ‐Upright Marker $15.007.69%$210.00$195.00URN ‐Flat Marker $3.001.12%$270.00$267.00URN ‐Upright Marker $0.000.00%$187.50$187.50NICHE ‐Min $15.006.45%$247.50$232.50NICHE ‐Max Pa g e 6 0 o f 9 4 City View Cemetery Fees New Market Rates INCREASE  AMOUNT % OF  CHANGENEW RATECURRENT RATE NEW MARKET PRODUCTS & SERVICES ‐Set By City  Manager Burial Liner ‐$85.00‐36.17%$150.00$235.00Baby $0.000.00%$375.00$375.00Juvenile $75.0011.11%$750.00$675.00Adult $0.000.00%no change$900.00Oversized Products $0.000%no change$115.00 Perma Vase (Gray Only inc Setting) $0.000%no change$70.00 Niche Vase $0.000%no change$150.00 Urn Columbarium 2 ‐(not inc. inurnment and  endowment care) $0.000%$750.00 NewRow A Total $0.000%$700.00 NewRow B Total $0.000%$650.00 NewRow C Total $0.000%$600.00 NewRow D Total $0.000%$550.00 NewRow E Total $0.000%$500.00 NewRow F Total Pet Cemetery (inc interment and endowment care) $0.000%$500.00 NewLot 48"x 40", Liner,Basic Marker Cenotaph Inscriptions $0.000%no change$255.00 One Line Inscription $0.000%no change$470.00 Two Line Inscription $0.000%no change$650.00 Three Line Inscription Pa g e 6 1 o f 9 4 City View Cemetery Fees New Market Rates continued INCREASE  AMOUNT % OF  CHANGENEW RATECURRENT RATE NEW MARKET PRODUCTS & SERVICES ‐Set By City  Manager Setting Permanent Memorial $0.000%no change$215.00 Flat 2 x 1 (24”) $0.000%no change$240.00 Flat 3 x 1 (36”) $0.000%no change$255.00 Flat 4 x 1 (48”) $0.000%no change$265.00 Flat 5 x 1 (60”) $0.000%no change$250.00 Upright 2 x 1 (24”) $0.000%no change$300.00 Upright 3 x 1 (36”) $0.000%no change$350.00 Upright 4 x 1 (48”) $0.000%no change$400.00 Upright 5 x 1 (60”) $0.000%no change$450.00 Upright 6 x 1 (72") $0.000%no change$100.00 Over Sized upcharge (over 36" tall) Additional Burial Charges $0.000%no change$375.00 Saturday  $0.000%no change$375.00 Monday ‐Friday before 8:00am and after 5:00pm $0.000%no change$645.00 Sunday or Holiday Overtime Cost: per hour staff charge $0.000%no change$70.00 Services beyond 4:00pm Pa g e 6 2 o f 9 4 City View Cemetery Fees Asking City Council to consider increasing Base rates as proposed: Asking City Manager to consider increasing Market rates as proposed: Pa g e 6 3 o f 9 4 City View Cemetery Fees Questions?Pa g e 6 4 o f 9 4 Pasco City Council Meeting May 13, 2024 Pa g e 6 5 o f 9 4 AGENDA REPORT FOR: City Council May 8, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 5/13/24 FROM: Jesse Rice, Director Parks & Recreation SUBJECT: Resolution - RAVE Foundation - Futsal Court Partnership (5 minutes) I. REFERENCE(S): Resolution MOA PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Presentation from Recreation Services Manager Brent Kubalek III. FISCAL IMPACT: No fiscal impact to City. Refinishing of the courts was already paid for through a State Recreation and Conservation Office (RCO), Local Park Maintenance Grant. The goals and the fencing and the court logos will be paid for by the RAVE Foundation. IV. HISTORY AND FACTS BRIEF: The RAVE Foundation, the charitable arm of the Seattle Sounders created a "26 fields by 2026" initiative in lead up to the 2026 World Cup that the USA is hosting. These fields are developed collaboratively with selected communities and are designed to foster wellness, inspire learning and create joy thru soccer. Last year, after City, Port of Pasco, and Pasco School District staff presented potential east Pasco locations, the RAVE Foundation identified Pasco as probable location to place one or more of their futsal courts. City staff worked to understand their needs and requirements and identified both Highland and Kurtzman Parks as locations that met the program requirements. As the City is already resurfacing these courts, RAVE is ready partner to fund the installation Page 66 of 94 of needed fencing and goals at each site to create the futsal courts. Each of the identified parks currently have two underutilized basketball courts. This partnership with RAVE would convert one of the two courts in each park to a futsal/soccer court. Staff believes that, beyond providing a greater diversity of recreational opportunities at each of these parks, the installation of the futsal courts will also increase use of the one remaining basketball court at each location. V. DISCUSSION: Staff will present the proposed Memorandum of Agreement with the RAVE Foundation to Council during the Council Workshop. Page 67 of 94 Resolution – RAVE MOA for Park Improvements - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO SIGN A MEMORANDUM OF AGREEMENT BETWEEN THE RAVE FOUNDATION AND THE CITY OF PASCO FOR THE INSTALLATION OF TWO FUTSAL COURTS IN CITY PARKS. WHEREAS, the RAVE Foundation, the 501 C-3 non-profit philanthropic arm of the Seattle Sounders Major League Soccer team, has the desire to install 26 futsal courts in communities throughout the state by the year 2026 to increase recreational access to soccer in underserved communities; and WHEREAS, the City of Pasco (City) desires to improve the recreational offerings within its parks to better serve the needs of its citizens, and feels that the addition of futsal courts helps to reach this aim; and WHEREAS, RAVE and the City have identified Kurtzman Park and Highland Park as ideal locations for the installation of two of the above mentioned 26 community futsal courts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco approves the terms of the Memorandum of Agreement (MOA) between the RAVE Foundation and the City of Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Be It Further Resolved, that the City Manager of the City of Pasco, Washington is hereby authorized, empowered, and directed to sign and execute said MOA on behalf of the City of Pasco; and to make minor substantive changes as necessary to execute the MOA. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 68 of 94 RAVE Foundation Memorandum of Agreement Kurtzman Park & Highland Park Futsal Courts Page 1 of 7 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PASCO AND RAVE FOUNDATION THIS MEMORANDUM OF AGREEMENT (the “MOA”) is entered into by and between the City of Pasco, located at 525 North 3rd Avenue, Pasco WA 99301 (“City”), and RAVE Foundation, the official charitable arm of the Seattle Sounders, located at 1901 Oakesdale Ave SW, Renton, WA 98057 (“RAVE”), separately, the “Party”, or together, the “Parties”, on ____________________________________. [date of execution] Both Parities acknowledge that they are required to comply with the laws applicable to their performance pursuant to this MOA. RECITALS WHEREAS, the City of Pasco is authorized to deliver recreational programs tailored to the residents of Pasco. WHEREAS, RAVE has launched an initiative to establish 26 outdoor community futsal courts in underserved areas across Washington State by the 2026 FIFA World Cup. WHEREAS, RAVE's initiative aims to enrich sportsmanship, foster life skills, and promote education, all of which aligns with the City's Parks & Recreation Department's mission to offer inclusive recreational opp ortunities to the community and optimize park usage. WHEREAS, The City of Pasco has identified two potential locations for this initiative: Kurtzman Park and Highland Park. WHEREAS, RAVE has selected both locations for the installation of futsal courts. NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein, the parties agree as follows: 1. Term. This Agreement shall begin on the execution date listed above, construed as the date last signed by the Parties below, as shall continue until the completion of the installation and any necessary follow-up procedures. Page 69 of 94 RAVE Foundation Memorandum of Agreement Kurtzman Park & Highland Park Futsal Courts Page 2 of 7 2. Locations. 2.1 Kurtzman Park: Conversion of one of the two underutilized existing basketball courts into an outdoor futsal court, which involves resurfacing, striping, removal of basketball hoop structures, installation of soccer goals, fencing, and lines and logos painting. (The remaining basketball court will separately undergo resurfacing and striping by the City.) 2.2 Highland Park: Conversion of one of the two underutilized existing basketball courts into an outdoor futsal court, which involves resurfacing, striping, removal of basketball hoop structures, installation of soccer goals, fencing, and lines and logos painting. (The remaining basketball court will separately undergo resurfacing and striping by the City.) 3. Responsibilities. The Parties shall endeavor to carry out this Agreement as set forth below: 3.1 City of Pasco: 3.1.1 Refinishing the designated courts with the mutually agreed upon Laykold and Nova Sport acrylic court surfacing products from L&M Distribution. 3.1.2 Installing the futsal goals and nets provided by RAVE Foundation, storing goals until installation occurs. 3.1.3 Contacting, selecting and contracting for installation of required fencing and footings for the futsal goals. Invoicing RAVE for reimbursement of fencing costs. Estimate must be approved by RAVE Foundation prior to contracting. 3.2 RAVE Foundation: 3.2.1 Reimburse City of Pasco for fencing installation costs. 3.2.2 Procuring the futsal goals and coordinating delivery to City. Painting logos on each court. 3.2.3 Obtaining necessary permissions from the City for making improvements within Kurtzman Park and Highland Park at the selected locations. 4. Post Project Event. The City and RAVE will work together to provide a project completion grand opening on a mutually agreeable date in 2024. The proposed event would celebrate the completion of both projects. Page 70 of 94 RAVE Foundation Memorandum of Agreement Kurtzman Park & Highland Park Futsal Courts Page 3 of 7 4.1 For the event City to provide: 4.1.1 Media advertising 4.1.2 Onsite staff and equipment resources 4.1.3 City Council member representation 4.1.4 Coordination for Pasco School District Representation 4.1.5 Refreshments 4.2 RAVE Foundation to provide: 4.2.1 Soccer balls for distribution to every child within a 1 -mile radius of the two parks, Kurtzman and Highland (up to 400 balls) 4.2.2 Free food and refreshments in collaboration with city event planners, other mutually-agreeable non soccer related activities 4.2.3 Coordination for potential appearances by Seattle Sounders player(s) or alumni players during the grand opening event 4.2.4 Soccer skills training and soccer related activities for children of multiple ages 4.2.5 RAVE Foundation reserves the right to bring additional event signage featuring opening event partners. 5. Construction Timeline. The parties shall draft a comprehensive timeline for the project, encompassing the responsibilities of both the City and RAVE as listed in Section 2, with all work conducted by RAVE Foundation completed by December 31, 2024. 6. Logos. The City grants RAVE Foundation permission to display the City of Pasco logo, the Seattle Sounders logo, the Seattle 2026 World Cup logo, the RAVE Foundation logo, and one corporate partner logo (approved by the City of Pasco) on each court. Design will be presented to City of Pasco in a timely manner for approval. 7. Insurance. 7.1 RAVE is responsible for his/her own insurance, including, but not limited to health insurance. 7.2 RAVE is responsible for his/her own Worker's Compensation coverage as well as that for any persons employed by RAVE. 7.3 RAVE Foundation will furnish the City of Pasco with a certificate of insurance, naming the City of Pasco as an additional insured party throughout the portion of the project that is managed by RAVE (logos painting and opening event execution) RAVE Foundation will ensure that any selected contractors also provide the necessary insurance coverage to the City. Page 71 of 94 RAVE Foundation Memorandum of Agreement Kurtzman Park & Highland Park Futsal Courts Page 4 of 7 8. Miscellaneous. The Parties hereby acknowledge: 8.1 The City is not responsible to train or provide training for RAVE. 8.2 RAVE will not be reimbursed for job related expenses except to the extent specifically set forth within the attached exhibits. 8.3 RAVE shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within this Agreement. 8.4 In the event special training, licensing, or certification is required for RAVE to provide Work they will acquire or maintain such at their own expense and, if RAVE employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. 8.5 This is a non-exclusive Agreement and RAVE is free to provide their Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. 9. Compliance. Both parties agree to adhere to all relevant laws, regulations, and ordinances during the installation process. 10. Termination. 10.1 Termination for Convenience. Either party may terminate this Agreement for any reason upon giving the other party no less than ten (10) business days written notice in advance of the effective date of such termination. 10.2 Termination for Cause. If RAVE fails to perform in the manner called for in this Agreement, or if RAVE fails to comply with any other provisions of this Agreement and fails to correct such noncompliance within five (5) business days of written notice thereof, the City may terminate this Agreement for cause. Termination shall be affected by serving a notice of termination to RAVE setting forth the manner in which RAVE is in default. 11. Warranties and Right To Use. 11.1 RAVE represents and warrants that RAVE and or its contractors and sub- contractors will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Page 72 of 94 RAVE Foundation Memorandum of Agreement Kurtzman Park & Highland Park Futsal Courts Page 5 of 7 11.2 Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e .g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). If needed, Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. 11.3 RAVE further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the RAVE and free from any intellectual property encumbrance which would restrict the City from using the work product. 11.4 RAVE grants to the City a nonexclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. 11.5 The City's or other's adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the RAVE. 11.6 In addition, any warranties on the Work, court surface and materials used will be provided by the vendor as part of RAVE’s vendor agreements. RAVE will transfer these warranties to the City upon completion of the project. 11.7 The provisions of this section shall survive the expiration or termination of this Agreement. 12. Indemnification. RAVE agrees to defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the RAVE, its officers, directors, employees, and/or agents relating to RAVE’s performance or failure to perform under this agreement. The section shall survive the expiration or termination of this agreement. 13. Independent Relationship. The nature of the relationship between the RAVE and the City with respect to this Agreement during the period of the Work shall be that of independent entities and parties. No RAVE agent, employee, representative, or contractor or subcontractor of RAVE shall be, or shall be deemed to be, the contractor, employee, agent, representative, or subcontractor of the CITY. Neither RAVE nor any contractor, employee, agent, representative, or subcontractor of RAVE shall be entitled to any benefits accorded City employees or contractors by virtue of the services provided under this Agreement. RAVE shall be responsible for paying all applicable taxes. Page 73 of 94 RAVE Foundation Memorandum of Agreement Kurtzman Park & Highland Park Futsal Courts Page 6 of 7 14. Public Records. 14.1 RAVE acknowledges that the City is an agency subject to Chapter 42.56 RCW “Public Records Act.” All preliminary drafts or notes prepared or gathered by the RAVE, and recommendations of the RAVE are exempt prior to the acceptance by the City or public citation by the City in connection with City action. 14.2 If the RAVE becomes a custodian of public records of the City and request for such records is received by the City, the RAVE shall respond to the request by the City for such records within five (5) business days by either providing the records, or by identifying in writing the additional time necessary to provide the records with a description of the reasons why additional time is needed. Such additional time shall not exceed twenty (20) business days unless extraordinary good cause is shown. 14.3 In the event the City receives a public records request for protected work product of the RAVE within its possession, the City shall, prior to the release of any protected work product or as a result of a public records request or subpoena, provide RAVE at least ten (10) business days prior written notice of the pending release and to reasonably cooperate with any legal action which may be initiated by the RAVE to enjoin or otherwise prevent such release. 15. General Provisions. 15.1 Notice. Notice provided for in this Agreement shall be sent by: 15.1.1 Personal service upon the Project Administrators; or 15.1.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. 15.2 The Project Administrator for the purpose of this Agreement shall be: 15.2.1 For the City: Brent Kubalek, or his/her designee Recreation Division Manager 525 N 3rd Ave Pasco, Washington 99301 kubalekb@pasco-wa.gov 15.2.2 For RAVE: Ashley Fosberg, or his/her designee Executive Director 1901 Oakesdale Ave SW Renton, WA 98057 ashleyf@soundersfc.com Page 74 of 94 RAVE Foundation Memorandum of Agreement Kurtzman Park & Highland Park Futsal Courts Page 7 of 7 16. Dispute Resolution. 16.1 This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. 16.2 In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 17. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Pasco. RAVE and all of the RAVE 's employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. 18. Integration. This Agreement between the parties consists in its entirety of this document and any exhibits, schedules or attachments. Any modification of this Agreement or change order affecting this Agreement shall be in writing and signed by both parties. 19. Authorization. By signature below, each party warrants that they are authorized and empowered to execute this Agreement binding the City and RAVE respectively. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. CITY OF PASCO, WASHINGTON RAVE FOUNDATION Angela Pashon, Assistant City Manager Ashley Fosberg, Executive Director ATTEST: APPROVED AS TO FORM: Debra C. Barham, City Clerk Kerr Ferguson Law, PLLC, City Attorney Page 75 of 94 Pasco City Council Meeting May 13, 2024 Pa g e 7 6 o f 9 4 RAVE Foundation Futsal Courts *RAVE Foundation Futsal Court: At Highland and Kurtzman Parks, Located on Wehe Ave in Pasco. One just North and the other just South of Lewis St. Pa g e 7 7 o f 9 4 RAVE Foundation Futsal Courts RAVE Foundation: •The official charitable arm of the Seattle Sounders (501-C3) Founded in 2013 •MISSION: To build small fields for free play and invest in programs that use soccer as a vehicle to inspire youth and strengthen communities. •BELIEFS: •Play is not a privilege. Play is essential to the growth and wellbeing of all children. •A dedicated play space can anchor a community and nurture a child. •Through play, everyone belongs. •Play brings joy, and joy cultivates wellness. Pa g e 7 8 o f 9 4 RAVE Foundation Futsal Courts 26 BY 2026 MISSION : •To build 26 community play fields by 2026 and the arrival of the FIFA World Cup to the USA. •Have build 19 fields to date. •RAVE Fields are small, informing small-sided soccer or pick-up play. •Partner with communities and sponsoring businesses to cover project costs. •RAVE Fields are intended for the communities they inhabit, and can never be rented by outside groups. Pa g e 7 9 o f 9 4 RAVE Foundation Futsal Courts WHY HIGHLAND & KUTZMAN PARKS: •Each park has two full-sized basketball courts •Courts are underutilized •Demographics of the area and proximity to elementary schools were key factors for RAVE in approving the sites. •City was already in the process of refinishing the courts these parks Pa g e 8 0 o f 9 4 Policy Decision THE PROJECT: •Courts will be refinished – one Basketball & one Futsal (Soccer) at each park •RAVE will provide goals and pay for install •RAVE will pay for fencing •Divider between courts •Perimeter fencing where needed •RAVE will place logos on the finished courts •City •Seattle Sounders •Sponsoring Business •RAVE and City will host a grand opening event •RAVE to provide 400 soccer balls for local youth •RAVE to have current or former players present Pa g e 8 1 o f 9 4 Questions? Pa g e 8 2 o f 9 4 Pasco City Council Meeting February 26, 2024 Pa g e 8 3 o f 9 4 AGENDA REPORT FOR: City Council TO: Adam Lincoln, City Manager City Council Workshop Meeting: 5/13/24 FROM: Richa Sigdel, Deputy City Manager City Manager SUBJECT: Boys and Girls Clubs of Benton & Franklin Counties ARPA Discussion I. REFERENCE(S): Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: ARPA Grant - $1,260,000 IV. HISTORY AND FACTS BRIEF: $17.4 million of ARPA funds was allocated to the City of Pasco in 2021 by the U.S. Department of Treasury. Staff proposed $1.26 million of those funds to be allocated to the Boys and Girls Club building remodel. The City leases the building inhabited by the Boys and Girls Clubs of Benton & Franklin Counties (Boys and Girls Clubs) is leased by the City to them. The building needs remodeling as proposed by the Boys and Girls Clubs. During subsequent updates to Council over the years this allocation for Boys and Girls Clubs was allocated to the Martin Luther King (MLK) Center project. Executive Director for Boys and Girls Clubs, Brian Ace, has requested the Council to reconsider the prior decision and allocate the proposed $1.26 million for this effort. MLK Center has a current budget of $7.7 million, including the $1.26 million in question. Staff anticipates that the project will require this level of funding for the project, though public engagement and design efforts are ongoing. Page 84 of 94 V. DISCUSSION: There are benefits and drawbacks to allocating these funds to Boys and Girls Clubs as requested as shown below: Pros  This is a prime opportunity for a public-private partnership that leverages our public funds ($1.26M) to receive private investment ($3.2 M) for a City-owned facility.  The building belongs to the City and needs the remodel. This building will require this investment soon.  Boys and Girls Club has been a long-term trusted partner with the City, leasing this facility and operating the center for over 20 years. Cons  MLK Center will likely require additional funds than what has been currently received. Public engagement is currently ongoing. City will need to provide the gap in funding to complete the project.  the federal receives project funds, a Whenever construction requirements push the project cost higher. This is a reason, we are asking Boys and Girls Club if the funding received could be isolated to certain parts of the overall project.  a for approved (bids contract under to have projects ARPA be construction project) by December 31st, 2024. This provides a short timeframe for the Boys and Girls Club to design and bid the project per federal guidelines. Staff has also discussed the possibility of splitting the project into tasks like asbestos abatement, gym remodel, etc. to ensure the funds can be utilized within the timeframe. There is a chance the Boys and Girls Club might not be able to get the funds under contract by December 31, 2024. We are confident that the organization will be able to accomplish this or will give us plenty of time to reallocate the funds if it comes to that. Staff is looking for guidance from Council. Speaking strictly on return on investment, allocating the funds to Boys and Girls Club is a good decision. However, reallocating funds from MLK will require staff to look for other funding sources to complete the project. Page 85 of 94 Pasco City Council Meeting May 13, 2024 Pa g e 8 6 o f 9 4 ARPA Updates •Received: $17,464,312 •Funding needs to be contracted by December 31st, 2024, and spent by December 31st, 2024. •71% of funding expended. •All funds scheduled to be expended by federal deadline. •Allocation of funding for MLK and Boys & Girls Club need additional discussion. Pa g e 8 7 o f 9 4 Description Allocated Actual WPWTP West Pasco Water Treatment Expansion Plan 4,835,000 4,734,307 Martin Luther King Center Renovation/Expansion 3,760,000 26,793 Transmission Main -WPWTP to Zone 3 3,000,000 2,749,391 American Rescue Act ARPA - Business Assistance 1,915,193 1,915,193 West Pasco Water Treatment Plant Phase 2 1,165,000 1,165,000 American Rescue Act - Utility Assistance PUD COP 1,160,000 1,101,271 Pasco Resource Navigator (PRN) Program 625,000 160,500 PSK Improvements 500,000 265,329 Community Resource Specialist 200,000 175,636 Downtown Master Plan 100,000 12,170 Workforce Training 20,000 7,700 Total 17,280,193 12,313,289 Projects Pa g e 8 8 o f 9 4 Boys & Girls Club Pa g e 8 9 o f 9 4 Pa g e 9 0 o f 9 4 PROS Public Private Partnership Building needs a remodel and belongs to the City Boys and Girls Club is a long-term trusted partner CONS MLK Center needs the funds. Federal funds increase construction costs. Funds need to be under contract by end of the calendar year. Pa g e 9 1 o f 9 4 Policy Decision Guidance from Council on whether the ARPA funds should be allocated to Boys and Girls Club for clubhouse remodel. Pa g e 9 2 o f 9 4 QUALITY OF LIFE Promote a high-quality of life through quality programs, services and appropriate investment and re- investment in community infrastructure including, but not limited to: • Completion of Transportation System Master Plan and design standard updates to promote greater neighborhood cohesion in new and re-developed neighborhoods through design elements, e.g.; connectivity, walkability, aesthetics, sustainability, and community gathering spaces. • Completion of the Parks, Recreation and Open Space Plan and development of an implementation strategy to enhance such services equitably across the community. • Completion of the Housing Action and Implementation Plan with a focus on a variety of housing to address the needs of the growing population. FINANCIAL SUSTAINABILITY Enhance the long-term viability, value, and service levels of services and programs, including, but not limited to: • Adopting policies and strategic investment standards to assure consistency of long-range planning to include update of impact fees, area fees to specific infrastructure, and SEPA mitigation measures related to new development, e.g.; schools, traffic, parks, and fire. COMMUNITY TRANSPORTATION NETWORK Promote a highly functional multi-modal transportation system including, but not limited to: • Application of the adopted Transportation System Master Plan including development of policies, regulations, programs, and projects that provide for greater connectivity, strategic investment, mobility, multi -modal systems, accessibility, efficiency, and safety. COMMUNITY SAFETY Promote proactive approaches for the strategic investment of infrastructure, staffing, and equipment including, but not limited to: • Adoption and develop implementation strategies for Comprehensive Fire Master Plan aimed at maintaining the current Washington State Rating Bureau Class 3 community rating. • Collaboration with regional partners to influence strategies to reduce incidences of homeless by leveraging existing resources such as the newly implemented 0.1% mental health sales tax, use of resource navigator programs, and other efforts. • Development of an implementation strategy for the Comprehensive Police Master Plan to support future service levels of the department to assure sustainability, public safety, officer safety, crime control, and compliance with legislative mandates. ECONOMIC VITALITY Promote and encourage economic vitality including, but not limited to: • Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes, phased sign code update, and development regulations and standards. • Completion of Area Master Plans and environmental analysis complementing the Comprehensive Land Use Plan such as Downtown and Broadmoor Master Plans. • Development of an Economic Development Plan, including revitalization efforts. COMMUNITY IDENTITY Identify opportunities to enhance community identity, cohesion, and image including, but not limited to: • Development of a Community Engagement Plan to evaluate strategies, technologies, and other opportunities to further inclusivity, community engagement, and inter-agency and constituent coordination efforts. • Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art and culture programs, recognition of significant events or occurrences, and participation/sponsorship of events within the community. Page 93 of 94 CALIDAD DE VIDA Promover una calidad de vida alta a través de programas de calidad, servicios, inversiones y reinversiones apropiadas en la infraestructura de la comunidad incluyendo, pero no limitado a: • Terminar el Plan de Transportación para promover más cohesión entre nuestras vecindades actuales y re-desarrolladas a través de elementos de diseño, p.ej. conectividad, transitabilidad, sostenibilidad estética, y espacios para reuniones comunitarias. • Terminar el Plan de los Parques, la Recreación, y los Espacios Vacíos y el desarrollo de una estrategia de implementación para mejorar tales servicios justamente a lo largo de la comunidad. • Terminar el Plan de Acción e Implementación de Viviendas con un enfoque en una variedad de viviendas para tratar las necesidades del aumento en la población. SOSTENIBIILIDAD FINANCIERA Mejorar la viabilidad a largo plazo, el valor, y los niveles de los servicios y los programas, incluyendo, pero no limitado a: • Adoptar las políticas y los estándares de inversión estratégica para asegurar consistencia en la planificación a largo plazo para incluir la actualización de las tarifas de impacto, las tarifas en áreas de infraestructura específica, y las medidas de mitigación SEPA relacionadas con el nuevo desarrollo, p.ej. escuelas, tráfico, parques, e incendios. RED DE TRANSPORTACION COMUNITARIA Promover un sistema de transportación multimodal en alta operación incluyendo, pero no limitado a: • Aplicar el Plan de Transportación que fue adoptado, incluyendo el desarrollo de las políticas, las reglas, los programas, y los proyectos que proporcionan más conectividad, inversión estratégica, movilidad, sistemas multimodales, accesibilidad, eficiencia, y seguridad. SEGURIDAD COMUNITARIA Promover métodos proactivos para la inversión estratégica en la infraestructura, el personal, y el equipo incluyendo, pero no limitado a: • Adoptar y desarrollar estrategias de implementación para el Plan Comprehensivo para Incendios. Con el propósito de mantener la clasificación comunitaria actual en la tercera Clase del Departamento de Clasificación del Estado de Washington. • Colaborar con socios regionales para influenciar estrategias que reduzcan los incidentes de personas sin hogar al hacer uso de los recursos actuales como el impuesto de ventas de 0.1% implementado recientemente para la salud mental, el uso de programas para navegar los recursos, y otros esfuerzos. • Desarrollar una estrategia de implementación para el Plan Comprehensivo de la Policía para apoyar los niveles futuros de servicio del departamento para asegurar la sostenibilidad, la seguridad pública, la seguridad de los policías, el control de crímenes, y el cumplimiento con los mandatos legislativos. VITALIDAD ECONOMICA Promover y fomentar vitalidad económica incluyendo, pero no limitado a: • Implementar el Plan Comprehensivo del Uso de Terreno a través de acciones relacionadas, incluyendo cambios de los códigos de zonificación, actualización en las etapas de los códigos de las señales, y el desarrollo de las reglas y los estándares. • Terminar los Planes de las Áreas y un análisis ambiental el cual complementa al plan integral de uso de la tierra como a los Planes del Centro y de Broadmoor. • Desarrollar un Plan de Desarrollo Económico, el cual incluya esfuerzos de revitalización. IDENTIDAD COMUNITARIA Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen incluyendo, pero no limitado a: • Desarrollar un Plan de Participación de la Comunidad para evaluar las estrategias, las tecnologías, y otras oportunidades para promover la inclusividad, la participación de la comunidad, y los esfuerzos interdepartamentales y de coordinación de los constituyentes. • Apoyar a la Comisión de las Artes y Cultura al promover la unidad y la celebración de la diversidad a través de programas de arte y cultura, reconocer eventos o acontecimientos significantes, y participar/patrocinar eventos dentro de la comunidad. Page 94 of 94