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
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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.)
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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Pasco City Council Meeting
May 13, 2024
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Customer Service Relationship
Supply
service
Accurate
Billing
Resolve any
inquires
Negotiate
Payment
Plan, if
needed
Courtesy
Reminders
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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.
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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.
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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.
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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.
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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.
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Pasco City Council Meeting
May 13, 2024
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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.
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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.
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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.
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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.
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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
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Broadmoor Area TIF
Broadmoor/Burns Intersection
PROJECT SCOPE
•Traffic Signal
•Dedicated Turn Lanes
•Multiuse pathway/Bike Lanes
•SidewalksPa
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Broadmoor Area TIF
Broadmoor/Burns Intersection
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Broadmoor Area TIF
Broadmoor/Burns Intersection
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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
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Outreach Plan
PAST
•Project webpage updates
•Coordination directly with PSD
UPCOMING
•Social media campaign
•Traditional media
•Project Specific Post Cards sent via US Mail
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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
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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
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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
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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
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Court St and Road 68 Intersection
Improvements
Facing Northeast
PROPOSED CONFIGURATION
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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
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Outreach Plan
Public Outreach Fact Sheet Public Outreach Postcard
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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
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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
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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
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City View Cemetery
1300 N. Oregon Ave
22 Maintained Acres
Operated since 1923
Multi-Service Facility
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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
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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
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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
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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
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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)
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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
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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
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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
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City View Cemetery Fees
Asking City Council to consider increasing
Base rates as proposed:
Asking City Manager to consider increasing
Market rates as proposed:
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City View Cemetery Fees
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Pasco City Council Meeting
May 13, 2024
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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
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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.
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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.
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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.
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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
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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
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Questions?
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Pasco City Council Meeting
February 26, 2024
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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
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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.
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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
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Boys & Girls Club
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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.
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Policy Decision
Guidance from Council on whether the ARPA funds should be allocated to Boys and Girls Club
for clubhouse remodel.
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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.
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