HomeMy WebLinkAbout2012.03.26 Council Special & Workshop Packet AGENDA
PASCO CITY COUNCIL
Special Meeting 7:00 p.m. March 26, 2012
1. CALL TO ORDER
2. ROLL CALL
(a) Pledge of Allegiance.
3. BUSINESS ITEMS
(a) Franchise Agreement- PocketiNet:
1, Agenda Report from Stan Strebel, Deputy City Manager dated March 19, 2012.
2. Proposed Ordinance.
3. Proposed Franchise Agreement.
4. PocketiNet Proposed Locations.
CONDUCT A PUBLIC HEARING
4. ADJOURNMENT
AGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. March 26, 2012
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance.
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
(a) Code Enforcement Board Interview:
1. Agenda Report from Gary Crutchfield,City Manager dated March 21, 2012.
2. Application(1)(Council packets only).
3. Resolution No. 2883.
(b) 2011 Fire Department Performance Report:
1. Agenda Report from Robert Gear, Fire Chief dated March 21,2012.
2. 2011 Fire Department Performance Report,
3. RCW 35.103.010.
(c) Transmission Waterline,Court Street to Broadmoor Boulevard:
1. Agenda Report from Ah.mad Qayoumi, Public Works Director dated March 22, 2012.
2, Amended Professional Services Agreement with Scope of Work.
(d) 2011 HOME Community Housing Development Organization (CHDO) Set-Aside Grant
Award (MF#BGCA 2011-008):
1. Agenda Report from Angela Pitman, Block Grant Administrator dated March 20, 2012.
2. Habitat for Humanity Proposal.
3. Benton Franklin Community Action Committee Proposal.
4. Planning Commission Report and Minutes of 3/15/12.
5. Tri-Cities HOME Consortium CHDO Contract Agreement.
(e) Commissioned Park Rangers:
1. Agenda Report from Gary Crutchfield, City Manager dated March 22, 2012.
5. OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
6. EXECUTIVE SESSION:
(a)
(b)
(c)
7. ADJOURNMENT
REMINDERS:
1. 4:00 p.m., Monday, March 26, Ben-Franklin Transit Office — Hanford Area Economic Investment
Fund Committee Meeting. (COUNCILMEMBER?.L YENNEY, Rep.; SAUL MARTINEZ, Alt.)
2. 9:00 a.m., Tuesday,March 27, Lourdes Hospital—presentation of Proclamation for"Doctor's Week."
(MAYOR MATT WATKINS)
3. 5:00 p.m., Tuesday, March 27, TRAC — TRAC Advisory Board Meeting. (COUNCILMEMBERS
REBECCA FRANCIK and AL YENNEY)
AGENDA REPORT
FOR: City Council March 19, 2012
E
TO: Gary Crutchfi t Manager Special Mtg.: 3/26/12
Regular Mtg.: 4/2112
FROM: Stan Strebel, Deputy C ty Manata r
SUBJECT: Franchise Agreement -- PocketiNet
I. REFERENCE(S):
1. Proposed Ordinance
2. Proposed Franchise Agreement
3. PocketiNet Proposed Locations
II. ACTION REQUESTED OF COUNCIL ; STAFF RECOMMENDATIONS:
3126: CONDUCT A PUBLIC HEARING
412: MOTION: 1 move to adopt Ordinance No. granting a franchise
to PocketiNet Communications, Inc., and to authorize the Mayor to
sign the franchise agreement and, further, to authorize publication
of the Ordinance by summary only.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
A) PocketiNet is a telecommunications internet service provider with headquarters in
Walla Walla, The company offers high speed Internet services to business and
residential customers. PocketiNet intends to locate most of its facilities in
conjunction with Franklin PUD and Century Link facilities.
B} Franchises are reviewed and granted pursuant to Title 15 of the Pasco Municipal
Code. Prior to granting a franchise, the City Council must conduct a public
hearing and thereafter make a decision on the franchise based on the following
standards:
1. Whether the applicant has received all requisite licenses, certificates,
and authorizations from the Federal Communications Commission, the
Washington Utilities and Transportation Commission, and any other
federal or state agency with jurisdiction over the activities proposed by
the applicant;
2. The capacity of the public ways to accommodate the applicant's
proposed facilities;
3. The capacity of the public ways to accommodate additional utility,
cable, open video, and telecommunications facilities if the franchise is
granted;
4. The damage or disruption, if any, of public or private facilities,
improvements, service, travel or landscaping if the franchise is
granted;
5. The public interest in minimizing the cost and disruption of
construction within the public ways;
6. The service that applicant will provide to the community and region;
7. The effect, if any, on public health, safety and welfare if the franchise
is granted;
3(a)
S. The availability of alternate routes and/or locations for the proposed
tacilities;
9. Applicable federal and state communications laws, regulations and
policies;
10. Such other factors as may demonstrate that the grant to use the public
ways will serve the community interest and;
11. Such other and further factors as may be deemed appropriate by the
City.
C) The Council cannot approve a franchise until the next regularly scheduled
meeting following the hearing. Assuming Council agrees to grant the franchise,
adoption of the attached proposed ordinance is recommended. A written
determination is required for denial of a franchise.
V. DISCUSSION:
A) The franchise document grants authority and establishes essential parameters for
the installation/operation of the franchisee's improvements within the city's
rights-of-way, such as permitting, insurance, records, fees, etc.
B) Staff has prepared the attached, proposed franchise agreement in compliance with
Title 15 and applicable state and federal law. State law prohibits the City from
imposing a franchise fee on utility providers other than cable television
operations. Federal law prohibits the taxation of internet services.
C) PocketiNet, as a gesture of goodwill, has offered to provide ten strands of"dark
fiber" for governmental use (see Section 10C) at all locations along any route
constructed by it. It would be the City's responsibility to pay costs associated
with connecting and operating such fiber.
D) Individual permit applications for specific installations are required of
franchisees,
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington,
Approving the PocketiNet Communications, Inc., Franchise
and Authorizing the Mayor to Sign the Franchise Agreement
WHEREAS, the City- of Pasco, Washington ('`City") and PocketiNet Communications,
Inc. ("Franchisee"), are parties to the Franchise Agreement attached hereto as Exhibit A; and
WHEREAS, the City has authority to regulate telecommunication franchises pursuant to
RCW 35A.47.040 and Pasco Municipal Code Chapter 15.10; and
WHEREAS, the City has reviewed Franchisee's application for a franchise and
determined that the Franchisee possesses the legal, technical and financial capability to operate
within the City's rights-of-way; and that the grant of a franchise will meet the standards set forth
in Pasco Municipal Code Section 1-5.10.050; and
WHEREAS, the City- and Franchisee have mutually negotiated a Franchise Agreement
containing the Franchisee's obligations and responsibilities while operating within the City's
rights-of'-way; and
WHEREAS, the City has provided opportunities to the public for participation in the
application process by publishing this Ordinance and by conducting a public hearing on March
26, 2012; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Franchisee is hereby granted a franchise subject to the terms and
conditions of the Franchise Agreement attached hereto as Exhibit A; and furthermore, the Mayor
of the City of Pasco, Washington, is hereby authorized to execute said Franchise Agreement.
Section 2. This Ordinance shall take full force and effect five (5) days after its
approval, passage, and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this______ day of , 2012.
Matt Watkins, Mayor _
ATTEST: APPROVED AS TO FORM!
Debra Clark, City Clerk Leland B. Kerr, City Attorney
FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT entered into this day of'
, 2012, by and between the City of Pasco, Washington, a Washington
Municipal Corporation (hereinafter referred to as "City", and PocketiNet Communications Inc., a
Washington Corporation (hereinafter referred to as "Franchisee").
WHEREAS, Section 35A.47.040 and Chapter 35.99 of the Revised Code of Washington
authorize the City to grant, permit, and regulate non-exclusive franchises for the use of public
ways; and
WHEREAS, Franchisee has applied to the City for a non-exclusive franchise to enter,
occupy, and use public ways to construct, install, operate, maintain, and repair fiber optic
facilities to offer and provide telecommunications service for hire, sale, or resale in the City of
Pasco; and
WHEREAS, a franchise is a legislatively approved master permit granting general
permission to a service provider to enter, use, and occupy the public ways for the purpose of
locating facilities subject to requirements that a franchisee must also obtain separate use permits
from the City for use of each and every specific location in the public ways in which the
franchisee intends to construct, install, operate, maintain, repair or remove identified facilities;
and
WHEREAS, a franchise does not include, and is not a substitute for any other permit,
agreement, or other authorization required by the City, including without limitation, permits
required in connection with construction activities in public ways which must be administratively
approved by the City after review of specific plans; and
WHEREAS, the City has conducted a public nearing and reviewed the application based
upon the standards set forth in Pasco Municipal Code Section 15.10.050 (A); and
WHEREAS, the City approved this Franchise Agreement pursuant to RCW 35A.47.040
at the next regularly scheduled Council meeting following the public hearing pursuant to
Ordinance No. ; and
WHEREAS, the City finds that the franchise terms and conditions contained in this
Agreement are in the public interest.
NOW, THEREFORE,the Parties do agree as follows:
1. DEFINITIONS. For the purposes of this Agreement, all terms shall have the meaning as
defined in AMC 15.10.020. Terms not specifically defined therein shall be given their
ordinary meaning. The following additional definitions shall apply:
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03/21/2012
A. "Conduit" means optical cable housing, jackets, or casing, and pipes,
tubes, or tiles used for receiving and protecting wires, lines, cables, and
communication and signal lines.
B. "Dark Fiber" means properly functioning optical cable which is not used
or available for use by Franchisee or the general public.
C. "Information" means knowledge or intelligence represented by any form of
writing, signs, signals, pictures, sounds, or any other symbols.
D. "Optical Cable" means wires, lines, cables and communication and signal
lines used to convey communications by fiber optics.
2. FRANCHISE.
A. The City grants to Franchisee, subject to the terms and conditions of this
Agreement and PMC Title 15, a non-exclusive franchise to enter, occupy, and use
public ways for constructing, installing, operating, maintaining, repairing, and
removing wireline facilities necessary to provide telecommunications services.
Franchisee shall construct, install, operate, maintain, repair, and remove its
facilities at its expense.
B. Any rights, privileges, and authority granted to Franchisee under this Franchise
are subject to the legitimate rights of the police power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare of the
public, and nothing in this Franchise excuses Franchisee from its obligation to
comply with all applicable general laws enacted by the City pursuant to such
power. Any conflict between the terms or conditions of this Franchise and any
other present or future exercise of the City's police powers will be resolved in
favor of the exercise of the City's police power,
C. Nothing in this Franchise excuses Franchisee of its obligation to identify its
facilities and proposed facilities and their location or proposed location in the
public ways and to obtain use and/or development authorization and permits from
the City before entering, occupying, or using public ways to construct, install,
operate, maintain, repair, or remove such facilities.
D. Nothing in this Franchise excuses Franchisee of its obligation to comply with
applicable codes, rules, regulations, and standards subject to verification by the
City of such compliance.
E. Nothing in this Franchise shall be construed to create a duty upon the City to be
responsible for construction of facilities or to modify public ways to accommodate
Franchisee's facilities.
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F. Nothing in this Franchise grants authority to Franchisee to provide or offer cable
television service.
G. Nothing in this Franchise shall be construed to create, expand, or extend any
liability to the City or to any third party user of Franchisee's facilities or to
otherwise recognize or create third party beneficiaries to this Franchise.
3. TERM. Authorization granted under this Franchise shall be for a period of ten(10) years
from the effective date of this Franchise. The Franchise may be renewed as provided in
PMC Chapter 15.20, This Agreement shall be effective five (5) days following the
passage of an authorizing Ordinance and publication of this Franchise, or a summary
thereof, occurs in a newspaper of general circulation in the City pursuant to RCW
35A.47.040, or upon execution by all parties hereto whichever occurs later.
4. LOCATION OF FACILITIES. Franchisee will locate its facilities consistent with the
requirements of PMC Title 15 and as directed by the City Engineer. Prior to installation
of any facilities, Franchisee shall obtain all required City permits.
5. COORDINATION OF CONSTRUCTION AND INSTALLATION ACTIVITIES
AND OTHER WORK.
A. All construction or installation locations, activities and schedules shall be
coordinated, as ordered by the City consistent with PMC Chapter 15.70 and as
directed by the City Engineer, to minimize public inconvenience, disruption or
damages.
6. HOLD HARMLESS AND ASSUMPTION OF RISK.
A. Hold Harmless.
(1) Franchisee hereby releases, covenants not to bring suit and agrees to
indemnify, defend and hold harmless the City, its elected officials,
officers. employees, servants, agents, and representatives against any and
all claims, costs, damages, judgments, awards, or liability, of any kind
whatsoever. to any person, including claims by Franchisee's own
employees to which Franchisee might otherwise be immune under Title 51
RCW, arising from injury or death of any person or damage to property
arising out of the acts or omissions of Franchisee., its officers, employees,
servants, agents or representatives.
(2) Franchisee further releases, covenants not to bring suit and agrees to
indemnify, defend and hold harmless the City, its elected officials,
officers, employees, servants, agents, and representatives from any and all
claims, costs, damages, judgments, awards, or liability to any person,
including claims by F'ranchisee's own employees, including those claims to
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03/21/2012
which Franchisee might otherwise have immunity under Title 51 RCW,
arising out of Franchisee's exercise of the rights, privileges, or authority
granted by this Franchise which are made against the City, in whole or in
part, due to the City's ownership or control of the public ways or other City
property, by virtue of the City permitting the Franchisee's entry, occupancy
or use of the public ways, or based upon the City's inspection or lack of
inspection of work performed by Franchisee, its officers, employees,
servants. agents or representatives.
(3) These hold harmless covenants include, but are not limited to claitns
against the City arising as a result of the acts or omissions of Franchisee,
its officers, employees, servants, agents or representatives in barricading,
instituting trench safety systems or providing other adequate warnings of
any excavation, construction, or work in any public way or other public
place in performance of work or services permitted under this Franchise.
(4) Franchisee further agrees to indemnity, hold harmless and defend the City,
its elected officials, officers, employees, servants, agents, and
representatives against any claims for damages, including, but not limited
to, business interruption damages and lost profits, brought by or under
users of the Franchisee's facilities as the result of any interruption of
service due to damage or destruction of the user's facilities caused by or
arising out of damage or destruction of Franchisee's facilities, except to the
extent any such damage or destruction is caused by or arises from the
active sole negligence of the City.
(5) In the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent
negligence of Franchisee and the City, Franchisee's liability hereunder
shall be only to the extent of Franchisee's negligence.
(6) It is further specifically and expressly understood that the hold harmless
covenants provided herein constitutes the Franchisee's waiver of immunity
under Title 51 RCW. This waiver has been mutually negotiated by the
part i es.
(7) Inspection or acceptance by the City of any work performed by Franchisee
at the time of completion of construction or installation shall not be
grounds ibr avoidance of any of these hold harmless covenants. Said hold
harmless obligations shall extend to claims which are not reduced to a suit
and any claims which may be compromised prior to the culmination of any
litigation or the institution of any litigation.
(8) In the event that Franchisee refuses the tender of defense in any suit or any
claim, said tender having been made pursuant to the hold harmless
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covenants contained herein, and said refusal is subsequently determined by
a court having jurisdiction (or such other tribunal that the parties shall
agree to decide the matter), to have been a wrongful refusal on the part of
Franchisee. then Franchisee shall pay and be responsible for all of the
City's costs for defense of the action, including all reasonable expert
witness fees and reasonable attorneys' fees and the reasonable costs of the
City, including reasonable attorneys' fees of recovering under this hold
harmless clause.
B. A jjjim�jion of Risk.
(1) Franchisee assumes the risk of damage to its facilities located in the City's
public ways from activities conducted by third parties or the City, its
elected officials, officers, employees, servants, agents, or representatives.
Franchisee releases and waives any and all claims against the City, its
elected officials, officers, employees, servants, agents, and representatives
for damage to or destruction of the Franchisee's facilities except to the
extent any such damage or destruction is caused by or arises from active
sole negligence of the City.
(2) Franchisee bears sole responsibility to insure its property. Franchisee shall
ensure that its insurance contracts waive subrogation claims against the
City, its elected officials, officers, employees, servants, agents, and
representatives, and franchisee shall indemnify, defend and hold harmless
the City, its elected officials, officers, employees, servants, agents, and
representatives against any and all subrogation claims if it fails to do so.
7. INSURANCE. Franchisee shall obtain and maintain, at its cost, worker's compensation
insurance and the following liability insurance policies insuring both Franchisee and the
City, and its elected and appointed officers, officials, agents, employees, representatives,
engineers, consultants, and volunteers as additional insureds against claims for injuries to
persons or damages to property which may arise from or in connection with the exercise
of the rights, privileges, and authority granted to Franchisee:
A. Comprehensive general liability insurance, written on an occurrence basis, with
limits not less than:
(1) $5,000,000.00 for bodily injury or death to each person;
(2) $5,000,000.00 for property damage resulting from any one accident; and
(3) $5,000,000.00 for all other types of liability.
13. Automobile liability for owned, non-owned and hired vehicles with a limit of
$1,000,000.00 her occurrence.
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C. The liability insurance policies required by this section shall be maintained by
Franchisee throughout the term of this Franchise, such other periods of time
during which Franchisee's facilities occupy public ways, and while Franchisee is
engaged in the removal of its facilities. Franchisee shall provide an insurance
certificate, together with an endorsement naming the City, and its elected and
appointed officers. officials, agents, employees, representatives, engineers,
consultants, and volunteers as additional insureds, to the City prior to the
commencement ol'any construction or installation of any facilities pursuant to this
Franchise or other work in a public way. Any deductibles or self-insured
retentions must be declared to and approved by the City. Payment of deductibles
and self-insured retentions shall be the sole responsibility of Franchisee. The
insurance certificate required by this section shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
Franchisee's insurance shall be primary insurance with respect to the City, its
officers, officials. employees, agents, consultants, and volunteers. Any insurance
maintained by the City, its officers, officials, employees, consultants, agents, and
volunteers shall be in excess of the Franchisee's insurance and shall not contribute
with it.
D. In addition to the coverage requirements set forth in this section, each such
insurance policy shall contain an endorsement in a form which substantially
complies with the following;
"It is hereby understood and agreed that this policy may not be canceled
nor the intention not to renew be stated until 10 days after receipt by the
City, by registered mail, of a written notice addressed to the Pasco City
Manager of' intent to cancel or not to renew for reason of nonpayment of
premium and until 30 days after receipt by the City, by registered mail, of
a written notice addressed to the Pasco City Manager of intent to cancel or
riot to renew for reason for any other reason."
E. At least ten (10) days prior to said cancellation or non-renewal, Franchisee shall
obtain and furnish to the City replacement insurance policies meeting the
requirements of this section.
S. SECURITY FUND. The fund described herein shall be considered an additional security
and protection above, beyond and in addition to those rights and remedies already
provided by other law including, but not limited to, PMC Title 15. Franchisee shall
establish and maintain a security fund in the amount often thousand dollars ($10,000), at
its cost, with the City by depositing such monies, bonds, letters of credit, or other
instruments in such form and amount acceptable to the City. No sums may be withdrawn
from the fund by Franchisee without consent of the City. The security fund shall be
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maintained at the sole expense of Franchisee so long as any of the Franchisee's facilities
occupy a public way.
A. The fund shall scrvc as security for the full and complete performance of this
Franchise, including, any claims, costs, damages, judgments, awards, or liability,
of any kind whatsoever, the City pays or incurs, including civil penalties, because
of any failure attributable to Franchisee to comply with the provisions of this
Franchise or the codes, ordinances, rules, regulations, standards, or permits of the
City.
B. Before any sums are withdrawn from the security fund, the City shall give written
notice to Franchisee:
(1) Describing the act, default or failure to be remedied, or the claims, costs,
damages, judgments, awards, or liability which the City has incurred or
may pay by reason ol'Franchisee's act or default;
(2) Providing a reasonable opportunity for Franchisee to first remedy the
existing or ongoing default or failure, if applicable;
(3) Providing a reasonable opportunity for Franchisee to pay any monies due
the City before the City withdraws the amount thereof from the security
fund, ifIapplicable, and
(4) Franchisee will be given an opportunity to review the act, default or failure
described in the notice with the City or his or her designee.
C. Franchisee shall replenish the security fund within fourteen (14) days after written
notice from the City that there is a deficiency in the amount of the fund.
D. Insufficiency of the security fund shall not release or relieve Franchisee of any
obligation or financial responsibility.
9. TAXES, CHARGES, AND FEES.
A. Franchisee shall pay and be responsible for all charges and fees imposed to
recover actual administrative expenses incurred by the City that are directly
related to receiving and approving this Franchise, any use and/or development
authorizations which may be required, or any permit which may be required, to
inspect plans and construction, or to the preparation of a detailed statement
pursuant to RCW Ch. 43.21C. Regular application and processing charges and
fees imposed by the City shall be deemed to be attributable to actual
administrative expenses incurred by the City but shall not excuse Franchisee from
paying and being responsible for other actual administrative expenses incurred by
the City.
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(1) Following the execution of this Franchise Agreement, Franchisee shall pay
to the City, within thirty (30) days of the date of its billing, reimbursement
for actual expenses for meeting notice and ordinance publications required
in connection with the franchise approval,
B. Franchisee shall pay and be responsible for taxes permitted by law.
10. ADDITIONAL. DUCTS AND CONDUITS,
A. In consideration for the goodwill, general publicity and public benefit, which
constitutes an important part of Franchisee's business strategy in Benton and
Franklin counties, and in consideration for the following provisions requiring the
City not utilize Franchisee provided facilities for competing with the Franchisee
by providing services to the general public, Franchisee does agree to construct and
install additional ducts and conduits as enumerated below.
B. Franchisee shall construct and install additional ducts and conduits when and
where requested by the City and related structures necessary to access the ducts
and conduits. Such ducts and conduits shall be readily accessible and available
for governmental use as determined by the City in its sole discretion. Such ducts
and conduits shall not be used to provide telecommunications or cable television
service for hire, sale, or resale to the general public unless otherwise agreed by the
parties. The City shall not be charged or responsible for any more than the
incremental costs to construct and install such ducts and conduits, and the City
shall not be charged or responsible for any use, maintenance, or repair costs.
C. In lieu of constructing and installing additional conduits in overhead facilities, and
as a condition of' being allowed to place optical cable, optical cable housing, or
splicing connections on existing utility poles as overhead facilities, Franchisee
shall construct, install, maintain, and repair dark fiber, loops, splicing
connections, and related structures necessary to access the dark fiber, for
governmental use, at all locations where Franchisee constructs or installs overhead
facilities. Franchisee shall construct, install, maintain, and repair ten (10) strands
of dark fiber for governmental use at all locations along any route constructed by
Franchisee, unless some other amount is mutually agreed by the parties for a
particular location. Loops, splicing connections, and related structures necessary
to access such dark fiber shall be constructed and installed by Franchisee at
locations designated by the City along any route constructed by Franchisee at
locations designated by the City along any route constructed by Franchisee under
this Franchise. Such dark fiber, loops, and splicing connections shall be readily
accessible and available for governmental use as determined by the City in its sole
discretion. It is the City's responsibility to reimburse the Franchisee for
Franchisee's actual costs to install the dark fiber service drops from the storage
loops into the City's buildings of facilities as required. Such costs shall be
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provided to and approved by the City prior to commencement of any construction
of such service drops by Franchisee. All such dark fiber, loops, splicing
connections, and related structures shall not be used by the City to provide
telecommunications or cable television service for hire, sale, or resale to the
general public unless otherwise agreed by the parties.
D. Except as expressly provided in this section, Franchisee shall not charge the City
for any costs, or any kind whatsoever, for facilities provided by Franchisee in
accordance with this section.
11, VACATION OF PUBLIC WAYS. The City reserves the right to vacate any public way
which is subject to rights, privileges, and authority granted by this Franchise. If
Franchisee has facilities in such public way, the City shall reserve an easement for
Franchisee. Franchisee acknowledges its responsibility to provide the City with
information on its system/facilities, pursuant to PMC sections 15.70.100 and 15.70.310.
12. RECORDS.
A. Franchisee will manage all of its operations in accordance with a policy of
keeping its documents and records open and accessible to the City. The City will
have access to, and the right to inspect, any documents and records of Franchisee
and its affiliates that are reasonably necessary for the enforcement of this
Franchise or to verify Franchisee's compliance with terms or conditions of this
Franchise. Franchisee will not deny the City access to any of Franchisee's records
on the basis that Franchisee's documents or records are under the control of any
affiliate or a third party. Franchisee will take all steps necessary to assist the City
in complying with the Public Records Act, RCW Chapter 42.56, including
providing the City with a written statement identifying how long it will take to
produce records not immediately available, and for any records that are not
disclosed in whole or in part, a written statement from Franchisee's legal counsel
stating the authority upon which the documents are withheld.
B. All documents and records maintained by Franchisee shall be made available for
inspection by the City at reasonable times and intervals; provided, however, that
nothing in this section shall be construed to require Franchisee to violate state or
federal law regarding subscriber privacy, nor shall this section be construed to
require Franchisee to disclose proprietary or confidential information without
adequate safeguards for its confidential or proprietary nature.
C. One copy of documents and records requested by the City will be famished to the
City at the cost of Franchisee. [f the requested documents and records are too
voluminous or for security reasons cannot be copied or removed, then Franchisee
may request, in writing within ten (10) days of the City's request, that the City
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inspect them at Franchisee's local office. If any documents or records of
Franchisee are not kept in a local office and/or are not made available in copies to
the City, and if the City determines that an examination of such documents or
records is necessary or appropriate for the enforcement of this Franchise, or to
verify Franchisee's compliance with terms or conditions of this Franchise, then all
reasonable travel and related costs incurred in making such examination shall be
paid by Franchisee.
13. NOTICES.
A. Any regular notice or information required or permitted to be given to the parties
under this Franchise may be sent to the following addresses unless otherwise
Specified;
The City: City of Pasco
Attn-. City Manager
525 North 3rd
Pasco WA 99301
Phone: (509) 545-3404
Franchisee: PocketiNet
Attn: Todd Brandenburg, President
45 'Terminal hoop Road, Suite 210
Walla Walla WA 99362
(509) 593-4706
B. Franchisee shall additionally provide a phone number and designated responsible
officials to respond to emergencies. After being notified of an emergency,
Franchisee shall cooperate with the City and make best efforts to immediately
respond to minimize damage, protect the health and safety of the public and repair
facilities to restore them to proper working order.
14. NON-WAIVER. The failure of the City to exercise any rights or remedies under this
Franchise or to insist upon compliance with any terms or conditions of this Franchise
shall not be a waiver of any such rights, remedies, terms or conditions of this Franchise
by the City and shall not prevent the City from demanding compliance with such terms or
conditions at any future time or pursuing its rights or remedies.
I5. EMINENT DOMAIN. This franchise is subject to the power of eminent domain and
the right of the City Council to repeal, amend or modify the Franchise in the interest of
the public. In any proceeding under eminent domain, the Franchise itself shall have no
value.
16. DAMAGE TO FACILITIES. Unless directly and proximately caused by the active sole
negligence of the City, the City shall not be liable for any damage to or loss of any
PocketiNet Franchise Agreement - Page 10
03/21/2012
facilities as a result of or in connection with any public works, public improvements,
construction, excavation, grading, filling, or work of any kind on, in, under, over, across,
or within a public way done by or on behalf'of the City.
17. GOVERNING LAW AND VENUE. This franchise and use of the applicable public
ways will be governed by the laws of the State of Washington, unless preempted by
federal law. Franchisee agrees to be bound by the laws of the State of Washington, unless
preempted by federal law. and subject to the jurisdiction of the courts of the State of
Washington, Any action relating to this Franchise must be brought in the Superior Court
of Washington for Franklin County, or in the case of a Federal action, the United States
District Court for the Eastern District of Washington at Richland, Washington, unless an
administrative agency has primary jurisdiction. Prior to initiating any litigation under this
Agreement, the parties shall meet in a good faith effort to mutually resolve disputes.
18. SEVERABILITY. If any section, sentence, clause or phrase of this Franchise or its
application to any person or entity should be held to be invalid or unconstitutional by a
court of competent jurisdiction, such invalidity or unconstitutionality will not affect the
validity or constitutionality of any other section, sentence, clause or phrase of this
Franchise nor its application to any other person or entity.
19. CHANGES IN LAW, li; during the term of this Franchise, there becomes effective any
change in Federal or State law, and such change specifically requires the City to enact a
code or ordinance which conflicts or is inconsistent with any provision of this Franchise,
or creates additional rights or responsibilities which would materially alter the terms of
this Franchise, then in such event either party may within one hundred and twenty (120)
days of the effective date of such change, notify the other party in writing of such party's
desire to commence negotiations to amend this Franchise. Such negotiations shall only
encompass the specific term or condition affected by such change in Federal or State law,
and neither party shall be obligated to re-open negotiations on any other term or condition
of this franchise, although the parties may voluntarily choose to do so.
If no agreement is reached within ninety (90) days of reopening the negotiations, either
party may declare its intent to terminate the Franchise, which termination shall become
effective one hundred and eighty (180) days thereafter.
Notwithstanding any other provision in this Franchise to the contrary, the right of either
party to terminate the Agreement pursuant to material changes in Federal and State law
and unsuccessful renegotiation of the Franchise shall be an independent right not subject
to the administrative requirements for termination of the Franchise contained in PMC
Title 15, or this Franchise Agreement.
PocketiNet franchise Agrecrr,ent - Page 11
03/21/2012
20. MISCELLANEOUS.
A, Eggal Employment and Nondiscrimination. Throughout the term of this
Franchise, Franchisee will fully comply with all equal employment and
nondiscrimination provisions and requirements of federal, state, and local laws,
and in particular, FCC rules and regulations relating thereto.
13, Local Emplocmment_ Efforts and Contractor Qualifications, Franchisee will use
reasonable efforts to utilize qualified local contractors, including minority
business enterprises and woman business enterprises, whenever the Franchisee
employs contractors to perform work under this Franchise. Franchisee's
contractors and subcontractors must be licensed and bonded in accordance with
the City's ordinances, rules, and regulations. Work by contractors and
subcontractors is subject to the same restrictions, limitations and conditions as if
the work were performed by franchisee.
C. Descriptive I Icadings. The headings and titles of the sections and subsections of
this Franchise are for reference purposes only and do not affect the meaning or
interpretation of the text herein.
D. Costs and Attorneys' Fees. If any action or suit arises in connection with this
Franchise, the substantially prevailing party will be entitled to recover all of its
reasonable costs, including attorneys' fees, as well as costs and reasonable
attorneys' fees on appeal, in addition to such other relief as the court may deem
proper.
E. No Joint Venture, Nothing herein will be deemed to create a joint venture or
principal-agent relationship between the parties, and neither party is authorized to,
nor shall either party act toward third persons or the public in any manner that
would indicate any such relationship with the other.
F. Mutual Ne aif, tiation, This franchise was mutually negotiated by the Franchisee
and the City and has been reviewed by the legal counsel for both parties, Neither
party %vill be deemed to be the drafter of this Franchise.
G. Third-Party fLen iciaries. There are no third-party beneficiaries to this Franchise.
Franchisee is prohibited from subleasing any of its facilities operated by this
Franchise. This shall include a prohibition against any sharing of facilities on a
voluntary or compensated basis by Franchisee with third parties,
Il, Actions of the City or Franchisee. In performing their respective obligations under
this Franchise, the City and Franchisee will act in a reasonable, expeditious, and
timely manner. Whenever this Franchise sets forth a time for any act to be
PocketiNet Franchise Agreement - Page 12
03/21/2012
performed by Franchisee, such time shall be deemed to be of the essence, and any
failure of Franchisee to perform within the allotted time may be considered a
material breach of this Franchise, and sufficient grounds for the City to invoke any
relevant remedy.
I. Entire_ AL—rcement. This Franchise represents the entire understanding and
agreement between the parties with respect to the subject matter and supersedes
all prior oral and written negotiations between the parties.
J. Modification. The parties may alter, amend or modify the terms and conditions of
this Franchise upon written agreement of both parties to such alteration,
amendment or modification. Nothing in this subsection shall impair the City's
exercise of authority reserved to it under this Franchise.
K. Non-exclusivity. This Franchise does not confer any exclusive right, privilege, or
authority to enter, occupy or use public ways for delivery of telecommunications
services or any other purposes. This Franchise is granted upon the express
condition that it will not in any manner prevent the City from granting other or
further franchises in, on, across, aver, along, under or through any public way.
L. Rights Granted. This f=ranchise does not convey any right, title or interest in
public ways, but shall be deemed only as authorization to enter, occupy, or use
public ways for the limited purposes and term stated in this Franchise. Further,
this Franchise shall not be construed as any warranty of title nor shall it grant any
right to enter, occupy or use public property.
M. Limitation on Liability. Nothing in this Franchise shall be construed to create,
expand, or extend any liability of the City to any third party user of Franchisee's
facilities or to otherwise recognize or create third party beneficiaries to this
Franchise.
N. Sale, Transfer or Assianment. Franchisee shall not assign or transfer its rights,
benefits, or privileges in and under this Franchise without the prior written
consent of the City, which consent shall not be unreasonably withheld or delayed.
The City may withhold consent to any transaction if the proposed Franchisee will
not possess the requisite financial, technical or legal qualifications to operate and
maintain the facilities subject to this Franchise Agreement. Prior to any
assignment or transfer, the Iranchisee must provide the City with thirty (30) days
notice and an opportunity to review the transaction. Prior to any transaction
occurring, the proposed Franchisee must address any outstanding obligations of
the current franchise holder, and enter into an agreement specifically incorporating
all rights and responsibilities of this Franchise. Franchisee shall not sublease its
facilities.
PocketiNet Franchise Agreement - Page 13
03/21/2012
21. INCORPORATION BY REFERENCE. This Agreement, specifically by this
reference, incorporates PMC Title 15.
22. PUBLICATION. The City Clerk is authorized and directed to publish a summary hereof
in accordance with Revised Code of Washington §§ 35A.13.200 and 35A.12.150.
23. EFFECTIVE DATE. This agreement shall take effect five (5) days following the
passage of an authorizing ordinance and publication of this Franchise, or a summary
thereof, occurs in a newspaper of general circulation in the City pursuant to RCW
35A.47.040, or upon execution by all parties hereto, whichever occurs later.
DATED this day of , 2012.
CITY OF PASCO POCKETINET CO1vMNIUNICATIONS,
INC.
Matt Watkins, Mayor Todd Brandenburg, President
Attest:
Debra Clark, City Cleric-- —� -- - --
Approved as to Form:
Leland B. Kerr, City Attorney
PocketiNet franchise Agreement - Page 14
03/21/2012
STATE OF WASHINGTON )
:SS
County of Franklin )
On this day personally appeared before me \,Iatt Watkins, Mayor of the City of Pasco, to me
known to be the individual described in and who executed the within and foregoing instrument, and
acknowledged that he signed the same as his free and voluntary deed for the uses and purposes therein
mentioned.
SUBSCRIBED and sworn to before me this ____ day of , 2012.
Notary Public in and for the State. of Washington
Residing at _
My Commission Expires
STATE OF WASH1NGl'ON )
;SS
County of )
On this day personally appeared before me TODD BRANDENBURG, President of
PocketiNet, to me known to be the individual described in and who executed the within and foregoing
instrument, and acknowledged that he signed the same as his free and voluntary deed for the uses and
purposes therein mentioned.
SUBSCRIBED and sworn to before me this day of 72012.
Notary Public in and for the State of Washington
Residing at �-
My Commission Expires
PocketiNet Franchise Agreement - Pagc 1
03/21/2012
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AGENDA DEPORT
TO: City Council 'i, March 21, 2012
FROM: Gary Crutchfie Manager Workshop Mtg.: 3126/12
SUBJECT: Code Enforeemint Board Interviews
I, REFERENCEN.
1. Application (1) (Council packets only)
2. Resolution No. 2883
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
3/26: Council to conduct brief interview with Mary Gutierrez.
III. HISTORY AND FACTS BRIEF:
A) The Code Enforcement Board is composed of five members; terms are for two
years. The board meets on the first Thursday of every month at 7:00 p.m. in the
City Hall Council Chambers,
B) The Code Fnlorcement Board hears controversies regarding alleged violations of
the city code, particularly property maintenance standards.
C) There are three positions whose terms have expired:
1. Position No. 3 (currently Donald Cooper)
2. Position No. 4 (currently Dennis Duncan)
3. Position No. 5 (currently Mary Gutierrez)
D) The Council screening committee concluded that the incumbents in Positions No.
3 and 4 be reappointed without interview.
E) The Council screening committee recommends that the incumbent in Position No.
5 be interviewed prior to consideration for reappointment.
IV. DISCUSSION:
A) After conduct of an interview at the March 26 Workshop meeting, it is proposed
that appropriate appointments be made by the Mayor, subject to confirmation by
the Council, at the April 2 Business meeting.
4(a)
RESOLUTION NO. 2-$Z3
A RESOLUTION Revising the Process for Appcintments to City Boards and
Commissions.
WHEREAS, the City of Pasco maintains several citizen advisory boards to assist the delivery of
municipal services as well as to advise the City Council in making various policy decisions; and
WHEREAS, the appointment process prescribed by the Pasco Municipal Code requires the Mayor
to appoint citizens to vacancies on such boards,subject to confirmation of the City Council;and
WHEREAS, the Mayor and City Council desire to establish an appointment process which is more
collaborative yet efficient for both the applicants and City Council alike; NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES RESOLVE. AS
FOLLOWS:
SECTION 1: Applications for city boards and commissions shall be solicited annually by the City
Manager on behalf of the City Council.
SECTION 2: All applications received by the City Manager shall be reviewed by a City Council
committee appointed by the Mayor; such committee, to be known as the "Appointment Screening
Committee," shall be ad-hoc, appointed annually, and consist of three members, including the Mayor. The
Appointment Screening Committee shall select those applicants it deems best suited for the respective
board/commission but not more than three applicants for each vacancy to be filled, The Appointment
Screening Committee shall consider the following factors in making their selections for further
consideration:
a) Geographic representation;
b) Gender representation;
c) Ethnic representation;
d) Familial and financial relationships of board members.
SECTION 3: Those applicants selected by the Appointment Screening Committee shall be
interviewed by the City Council during a public meeting; nrQvided. however, the Screening.Committee may
re"rriM, rcUpointment of an incumbent appjicant without interview by the City CQurtcil if the incumbent
has boon interviewed by the City Council within tip-past four years. At a City Council meeting following
such interview, an interviewed candidate shall be selected by the Mayor for appointment to each vacancy.
Any candidate selected by the Mayor shall be subject to ccnfirmation vote of the City Council; a majority
vote of the quorum present at such meeting shall be required to confirm the Mayor's appointments,
SECTION 4;_-Any prior resolutions of ft t:;ity Council in conflict with the provisions of this
res k ti n shall be wpersed5Ld by_1bJj_%5 luo tiun-
PASSED by the ity Council of the City of Pasco this I st day of August,2005.
Michael L.Garri , Mayor
ATTEST: APPRO A TO FORM:
S� �4/L kuw V�
Sandy Ken thy, Deputy City Clerk Lee Kerr,City Attorney
AGENDA REPORT
FOR: City Counci( March 21, 2012
TO: Gary Crutchfiel -i : Manager Workshop Mig.: 3126/12
P--- Regular Mtg.: 4/2/12
FROM Robert W, Gear,1 Fire Chief
SUBJE-CT: 2011 Fire Department Performance Report
11, REFERENCE(S):
1. 2011 Fire Department Performance Report.
2, RCW 35.103.010
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
3126: Discussion
412: MOTION: l move to accept the Pasco Fire Department 2011 Performance
Report.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A) On February 21, 2006 the Pasco City Council adopted the performance standards
and objectives as outlined in the Performance Standards Resolution No. 2938 and,
as required by RCW 35.103,010.
V. DISCUSSION:
A) The 2011 report shows the following;
a. Call Processing "rime has continued to increase.
b. Turnout times are reduced from 2010 to 2011 however they are still 30
seconds over our 2 minute goal.
c. Travel times are essentially the same and approximately 15 seconds over our
6 minute goal.
d. The total time from 911 call to arrival 90% of the time increased from 10:16
to 11:12
B) We met our full fireground staffing goal 78.9 of the time, which is lower than our
2010 percentage of 81.8% but much improved over our 2009 percentage of 40%.
4(b)
t
CITY OF_
JPASCO
_qRq
CITY OF PASCO
FIRE DEPARTMENT
RCW 35.103.010
PERFORMANCE MEASURES
2011 REPORT
F Oepa 't
TABLE OF CONTENTS
ITEM PAGE
Mission Statement 3
Department Information 3
Fire Department Functions 4
Emergency Response Summary 4
Department Organization Chart 5
Staffing Levels and Distribution 6
City Council Resolution 7-9
Standards of Response Performance Measurements 10-14
Predictable Results 15-16
Plan of Action 17
2011 Table of Results 18
2
F h ■
Pasco Fire Department
Mission Statement
Make best use of department resources to provide the Pasco community with
effective mitigation of fire, rescue, hazardous materials and medical emergencies
with compassion, integrity, and respect for its citizens.
Department Information:
The City of Pasco Fire Department; Office of the Fire Chief was created by
Ordinance # 73 on July 16, 1908 with the responsibilities of caring for the fire
equipment. The fire department is currently staffed by 51 uniformed members and
I admin personnel. Forty-eight members work a rotating 24 hours on duty
followed by 48 hours off duty. The operational staff is divided into 3 sixteen
member platoons operating out of 3 fire stations. They are supported by the Fire
Chief, Administrative Assistant, Training and Safety Captain, and the EMS
Lieutenant who work a forty hour work week.
Firefighters respond to an average of I1.5 calls for service per day with
approximately 78% of them being medical emergencies. Additionally, the fire
department provides aircraft rescue and firefighting services to the Tri Cities
Airport, all ambulance services to the surrounding Franklin County Fire District #3
and Advanced Life Support (ALS) Ambulance service to the Burbank and North
Franklin County areas. Further, the fire department actively participates in the
regional Tri- County Technical Rescue Team and Hazardous Materials Response
Team.
3
i
Fire Department Functions
The staff of the Pasco Fire Department is expected to provide the following
services to the community:
• Structural, Vehicle and Wildland Fire Suppression
• Advanced Life Support (ALS) Emergency Medical Services and Transport
• Public Information and Education
• Hazardous Materials Operations Level Response
• Hazardous Material Technician Level response with 6 members
• Aircraft Rescue and Firefighting (ARRF) capability within the airport as
well as within the surrounding community
• Technical Rescue Operations level Response
• Technical Rescue Technician level Response with 9 members to include
confined space, trench rescue, rope rescue and advanced vehicle extrication
skills for modern hybrid vehicles.
The Pasco Fire Department responded to the following emergency
responses in 2011, broken down as follows:
• Emergency Medical Responses: 3320
• Structural Fire Responses: 75
• Mobile Property Fire Responses 44
• Wildland Responses: 67
• Hazardous Materials Responses: 14
• Aircraft Responses: 3
• Technical Rescue Responses: 5
• Other Miscellaneous/False Responses 710
• Total Responses: 4,238
Denotes all calls including mutual aid given, received and none received.
4
DDe�p$� if
DEPARTMENT ORGANIZATIONAL CHART
During 2011 the Pasco Fire Department was organized with 4 day staff positions
and three 24 hour shift platoons.
City Council
City Manager
Chief
Captain
Secretary 3-Captains Training&
Safety
9 Lieutenants EMS Training
Lt.
L 20 !b
refighters Paramedics
5
(3e-Nartm
Staffing Levels and Distribution
In 2011,the City of Pasco Fire Department employed 52 career members. Three of the day staff
are uniformed and 1 is a civilian. Six (6) of the shift positions are funded by contract with the
Port of Pasco. This staffing level has been in place since 2005 when the city's population was
approximately 44,000.
We staff three fire stations with a minimum of 12 personnel and an additional one person to
cover airport only emergencies.
The 2011 staff were assigned as follows:
Day staff Fire Chief
Training and Safety Captain
Emergency Medical Services Lieutenant
Secretary/Receptionist
Levels:
Shift Staffing (each shift) Assigned Minimum
• Shift Captain 1 1
• Station Lieutenants 3 3
• Firefighters 5 5
• Firefighter/Paramedics 6 3
• Aircraft Rescue FF 1 (assigned to airport only) 1
Total staffing assigned to each shift 16 13
Distribution:
Station 81 Oregon St. Station 82 Airport Station 83 Rd 68
Shift Captain 1
Lieutenant 1 Lieutenant 1 Lieutenant 1
Paramedic 2 Paramedic 2 Paramedic 1
Firefighter 2 Firefighter 2 Firefighter 2
Aircraft Rescue FF 1
6
RESOLUTION NO. C739
A Resolution approving performance standards for Pasco Fire
Department emergency responses.
WHEREAS, the City of Pasco Fire Department is legally established as a fire department
to provide certain emergency medical,fire and rescue services;and,
WHEREAS,the Pasco Fire Department has a mission statement and goals and objectives
to guide the organization in providing fire and emergency medical services to our
community;and,
NNTEREAS, the Pasco Fire Department has a basic organizational structure which
includes the City Council, City Manager, Chief, Officers, Firefighters, Paramedics and EMTs;
and,
WHEREAS, the Pasco Fire Department is required by state law (SHB 1756, laws of
2005)to establish turnout and response time goals for various emergency responses;and,
WHEREAS, the Pasco Fire Department has developed written response coverage
objectives required to comply with applicable provisions of SHB 1755;NOW,THEREFORE
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. That the Pasco City Council hereby approves the attached Response
Standards as the Pasco Fire Department policy for determining resource deployment for
emergency medical,fine and rescue services;and,
This resolution was adopted at a regularly scheduled pubUc meeting of the City of Pasco
City Council for City of Pasco Fire Department on this STT day of February,2006.
= ayor o M
APPROVED AS TO FORM:
Sandy Kenw y,Deputy City lerk `Leland B. Kerr, City Attorney
7
PASCO FIRE DEPARTMENT
RESPONSE STANDARDS
I. Mission Statement.`
The Pasco Fire Department's mission is to provide rapid mitigation of fire, rescues,
hazardous materials and medical emergencies with compassion,integrity,and respect for
the people we serve. To be the premier provider of public safety services, utilizing our
people as the critical resource to accomplish our goals.
II. Response Standards
The following standards represent the minimum desired service level for the respective
emergency response services provided by the Fire Department. Affected managers shall
deploy appropriated resources so as to best achieve the standards set forth herein.
A. TURNOUT: A turn out time of two(2) minutes, which the department should meet
85%of the time. All firefighting safety equipment must be donned before the vehicle
can leave the station for a fire response.
B_ FIRST ENGINE ARRIVAL: A responseltravel time (after turnout) of six (6)
minutes for the arrival of the first engine company(at least two (2) firefighters) to a
fire suppression incident,which the department should meet 85%of the time.
C. FIRST FULL ALARM ARRIVAL: A response/travel time(afterturnout)of twelve
(12)minutes for the arrival of the full complement of a 0 alarm response to a fire
suppression incident, which the department should meet 85% of the time. "Full
complement" means at least two (2) engine companies (trucks) with associated
firefighters and one(1)command officer.
D. BLS AMBULANCE ARRIVAL: A responseltravel time (after turnout) of six (6)
minutes/seconds for the arrival of the first emergency medical unit with at least one
(1) EMIT on board to an emergency medical incident, which the department should
meet 95%of the time.
B. ALS AMBULANCE ARRIVAL: A responsettravel time (after turnout) of six (6)
minutes for the arrival of an advanced life support unit with at least one(1)paramedic
on board to an ALS emergency medical incident, which the department should meet
95%of the time.
F. HAZARDOUS MATERIALS: A responseltravel time (after turnout) of six (6)
minutes for the arrival of the first unit with at least one (1) appropriately trained
Hazardous Materials Technician on board to a hazardous materials incident, which
the department should meet 85%of the time.
8
PASCO FIRE DEPARTMENT
RESPONSE STANDARDS
G. TECHNICAL RESCUE INCIDENT: A response/travel time (after turnout) of six
(6) minutes for the arrival of the first unit with appropriately trained and equipped
personnel on board to a technical rescue incident, which the department should meet
85%of the time.
H. AIRCRAFT RESCUE AND FIREFIGHTING: A total responsettravel time of
three (3) minutes for the arrival of the first unit with appropriately trained and
equipped aircraft rescue and firefighting personnel on board to the site of an aircraft
incident, which the department should meet 100% of the time (required standard of
FAA).
I. WILD LAND FIREFIGHTING: A response/travel time (after turnout) of six (6)
minutes for the arrival of the first unit with appropriately trained and equipped wild
land firefighting personnel on board to a wild land fire incident,which the department
should meet 85%of the time.
M. ANNUAL REPORT
The Fire Chief shall report the department's performance relative to these standards to
the City Manager and City Council annually.
February 2006
9
" $vP �r
r ,
Standards of Response Performance Measurements
Call ProcessinIz
Def.nition: Call processing is the measurement of time from when the 911 call is
answered at the Public Safety Answering Point (PSAP)until appropriate units are
notified to respond. This performance standard is not a Washington State required
perfonmance measurement but is included here to more clearly define the total time
involved in a response. The National Fire Protection Association (NFPA) standard for
call processing is 60 seconds, 90% of the time.
Actual Dispatch Center Performance for 2011
The Franklin County Communications Center met the 60 second performance 79.1% of
the time. 90% of the dispatches were processed in 153 seconds or less.
Turnout Time
Definition: The time after notification to the fire department of the incident to the start of
vehicles response to the incident(wheels rolling).
Turnout Time Standard:
The Pasco Fire Department has adopted a turn out time standard of 2 minutes, which the
department should meet 90 % of the time. All firefiahtin8-safety gaui2ment trust be
donned befog e the vehicle can leave the station for a fire response
Actual Department Performance for 2011
The Pasco Fire Department met the Turnout Performance Objective 78.3% of the time.
90% of the fire department incidents experienced a turn out time of 2:30 minutes or less.
10
F� 0p 4r
Fire Suppression Travel Time for 1" Arriving Engine
Definition; Travel time for the arrival of the first arriving engine company at a fire
suppression incident. Travel time starts after turnout when wheels are rolling and ends upon
arrival at the incident.
Travel Time Standard:
The Pasco Fire Department has adopted a travel time standard of 6 minutes for the arrival
of the first engine company to a fire suppression incident, which the department should
meet 90 % of the time.
Actual Department Performance for 2011
The Pasco Fire Department met the Travel Time Performance Objective 88.9% of the
time.
90% of the fire department incidents experienced a 1'c unit response time of 6:04 minutes
or less.
Travel time for the deployment of a full first alarm
assignment at a fire suppression incident.
Definition; The total number of personnel and equipment the fire department has
recognized as the minimum needed to combat a fire in a single family residence. We
measured the travel time for only those incidents that we were able to assemble the
required number of personnel. Incidents that we were not able to assemble the minimum
number of personnel were not used in the time performance measurement.
Travel Time Standard for Full 1St Alarm Response:
The Pasco Fire Department has adopted a response travel time standard of 12 minutes for
the arrival of the full complement of a I" alarm assignment to a fire suppression incident,
which the department should meet 90% of the time. Further, the Pasco Fire Department
has adopted a 1" alarm response of 11 firefighters and or 2 engine companies (if
applicable), 2 aid units, L ladder truck and 1 Command Officer (if applicable).
Actual-Department Performance for 2011
The Pasco Fire Department met the Travel Time Performance Objective 78.95% of the
time.
90% of the fire department incidents experienced a full first alarm travel time of 14:40
minutes or less.
li
F 0 Pa
Emergency Medical Services Travel Time
Basic Life Support
Definition: Travel time for the arrival of the first arriving unit with a first responder or
higher level capability at an emergency medical incident.
Travel Time Standard:
The Pasco Fire Department has adopted a travel time standard time of 6 minutes for the
arrival of the first emergency medical unit with appropriately trained personnel on board
to an emergency medical incident, which the department should meet 90% of the time.
Actual Department Performance for 2011
The Pasco Fire Department met the Emergency Medical Services, Basic Life Support
Performance Objective 86.8%of the time.
90% of the fire department incidents experienced an Emergency Medical Services
response time of 6:07 minutes or less.
Emery,ency Medical Services Travel Time
Advanced Life Support
Definition: Travel time for the arrival of an advanced life support unit to an emergency
medical incident, where this service is provided by the fire department.
Travel Time Standard:
The Pasco Fire Department has adopted a travel time standard of 6 minutes for the arrival
of an advanced life support (ALS) unit with appropriately trained personnel (paramedics)
on board to an ALS emergency medical incident within the city limits, which the
department should meet 90% of the time.
Actual Department Performance for 2011
The Pasco Fire Department inet the Emergency Medical Services Performance,
Advanced Life Support Objective 89.9% of the time.
90% of the fire department incidents experienced an Emergency Medical Services
response time of 6:03 minutes or less.
12
F` Dept
F F
Hazardous Materials Travel Time
Definition: Travel time for the arrival of the first arriving apparatus with appropriately
trained and equipped Hazardous Materials Level "A" Technicians on board at a hazardous
materials incident, where this service is provided by the fire department.
Travel Time Standard:
The Pasco Fire Department has adopted a travel time standard of 6 minutes for the arrival
of the first unit with appropriately trained Hazardous Materials Technicians on board to a
hazardous materials incident, which the department should meet 90 % of the time.
Actual Department Performance for 2011
The Pasco Fire Department met the Hazardous Material travel time Performance
Objective 71,4% of the tune.
90% of the fire department incidents experienced a Hazardous Materials response time of
9:00 minutes or less.
Technical Rescue Travel Time
Dei'mition: Travel time for the arrival of the first arriving apparatus with appropriately
trained and equipped Technical Rescue Technicians on board at the technical rescue incident,
where this service is provided by the fire department.
Travel Time Standard:
The Pasco Fire Department has adopted a travel tune standard of 6 minutes for the arrival
of the first unit with appropriately trained and equipped Personnel on board to a technical
rescue incident, which the department should meet 90%of the tune.
Actual Department Performance for 2011
The Pasco Fire Department met the Technical Rescue Response time performance
objective 80%of the time.
90% of fire department incidents experienced a Technical Rescue response time of 6:51
minutes or less.
]3
F t)eparbb h
r
Aircraft Rescue and Firefighting Turnout and Travel Time
s
Definition: Turnout and Travel time for the arrival of the first arriving apparatus with
appropriately trained and equipped Aircraft Rescue and Firefighting personnel on board at an
aircraft incident, where this service is provided by the fire department.
Travel Time Standard:
The Pasco Fire Department has adopted a turnout and travel time standard of 3 minutes
for the arrival of the first unit with appropriately trained and equipped Aircraft Rescue
and Firefighting personnel on board to an aircraft incident, which the department should.
meet 100% of the time. This standard is adopted to meet Federal Aviation Administration
requirements, 14 CFR Parts 121 and 139.
Actual Department Performance for 2011
The Pasco Fire Department met the Aircraft Rescue and Firefighting performance
Objective 100% of the time.
90% of the fire department incidents experienced an Aircraft Rescue and Firefighting
response time of 2:37 minutes or less.
Wildland Firefighting Response Time
Definition: Travel time for the arrival of the first arriving apparatus with appropriately
trained and equipped Wildland Firefighting personnel ou board at a wild fire incident, where
this service is provided by the fire department.
Travel Time Standard:
The Pasco Fire Department has adopted a travel time standard of 6 minutes for the arrival
of the first unit with appropriately trained and equipped Wildland Firefighting personnel
on board to a wildland fire incident, which the department should meet 90% of the time.
Actual Department Performance for 2011
The Pasco Fire Department met the Wildland Firefighting Performance objective. 86.9%
of the time.
90% of the fire department incidents experienced a Wildland Firefighting response time
of 6:59 minutes or less.
14
F OeP�
t
Predictable Results
The Pasco Fire Department experienced another very active year in 2011. The call volume
increased 10% over 2010 statistics. Emergency Medical responses represent 80% of our call
volume therefore the largest statistical increase was in the delivery of these services. Our
aggressive automatic aid program with the neighboring cities was responsible for a slight
increase in total call volume; however the actual number of times that aid was given by the Pasco
Fire Department to other agencies and the number of times that aid was received from other
agencies was evenly balanced. As our call volume increases we will see an associated growth in
the number of times that we must ask other agencies for assistance. The current indicators for
2012 support an expected increase in total calls of another 5% to 10% (of 2011 numbers);
however this could vary dependent upon a number of factors including the length and severity of
the summer fire season.
The improved use of technology could help reduce the impact of the increasing call volume by
maintaining or reducing our response times.
The total time to respond to an incident is composed of three elements.
• Call Processing - The call processing time which is currently measured when the
dispatcher begins entering information in the dispatch computer and ends when the actual
dispatch begins.
• Station Alerting and Turnout Time- The time from the start of the dispatch procedure
until the assigned unit(s) is enroute to the call.
• Travel TIme - The time it takes the assigned units to arrive at the call.
There is current and available technology which can enhance this process and reduce the time
needed to complete the process. One such technology is "Automated Dispatching". This
technology allows the dispatcher to enter and dispatch a call while simultaneously interrogating
the caller. Spokane County recently implemented automated dispatching technology. Prior to
implementation they were dispatching in l minute or less 62% of the time, after automation they
are dispatching calls in l minute or less 93% of the time.
Fire station alerting, especially when combined with automated dispatching can reduce the
turnout times. Changes such as automated station lighting and indicator lights synchronized with
CAD will immediately notify the response crews of the type of emergency (Fire/EMS) to which
they are dispatched. This will reduce or eliminate the need to wait for`verbal" confirmation by
the dispatcher. Integrating engineering data into the CAD maps will provide vehicle routing
information on the mobile data terminals in the vehicles. This will eliminate the time necessary
to validate addresses before putting the vehicle in motion. Other adaptive changes, such as
duplicate sets of turnouts and how the turnout clothing is stored can also contribute to reduced
response times.
Travel time is the third component of total response time. In the last 10 years the number of
controlled intersections in Pasco has more than doubled. Controlling the intersection through the
15
use of"Traffic Light Preemption" can reduce response times. Traffic Preemption devices have
shown to:
• Significantly increase firefighter and civilian safety through early warning of on-coming
emergency vehicles
• Substantially reduce civilian versus fire department accident rates.
Historically The Pasco Fire Department accident rate of civilian vs.fire department
apparatus has been vefy low. This indicates that our personnel are using valuable
seconds to safely navigate uncontrolled intersections. Seconds could be saved by
providing a green light to responding apparatus.
While the community continues to grow, both in population and land area the demands for
service will certainly continue to increase. The City will be confronted with challenges in order
to maintain or reduce response times. While considering the need for additional fire stations, the
city should adopt a systematic, cost effective approach to meeting the needs of our community
by evaluating and reducing our response times.
16
a Vey
W.
A }
Plan of Action
The city will continue to face challenges in order to maintain and/or reduce response times. The
expected growth in population and land area will impact our ability to maintain response times.
The following goals are developed to decrease the impact in a systematic and fiscally responsible
way.
Call Processing
• Maintain the goal of processing calls within 60 seconds 90% of the time.
• Improve communications systems between communications centers.
Turnout Times
• Develop alternative methods of fire station alerting that provides for the shortest
alert processing.
• Review the activities associated with the beginning of response to look for time
savings.
• Solve the ongoing mapping problems that reduce the reliability of the Mobile
Data Terminal maps,
• Proceed with "vehicle routing" upgrade on the MDT's to reduce or eliminate the
time spent looking at the wall map prior to responding.
Travel Time
• Coordinate and communicate with the City Engineer's office on traffic
management for future intersection development.
• Implement Automatic Vehicle Location (AVL) as a dispatch method to allow for
the dispatch of the closest available unit.
Full Effective Response Force
• Link neighboring CAD systems to provide the timeliest and most appropriate
response force.
• Develop a means to dispatch simultaneously and on a common radio channel with
neighboring communications centers to reduce call processing and automatic aid
response times.
17
ATTACHMENT B
201.1 RESUL TS
(Excludes mutual and automatic aid given events)
i
Response Number Adopted ' Actual Percent Adopted Actual Percent Adopted Actual Percent
Type of Turnouts Performance Meeting ls` Performance Meeting 1st Full Standard Meeting
Responses Standard (Minutes) Standard Arrival (Minutes) Standard Arrival Performance Standard
(Minutes) Response Response (Minutes)
(Minutes) (Minutes)
Fire !
Suppression
Response 216 2:00 3:14 55A% 6:00 6:04 88.9% 12:00 14:40 78.95%
(NFIRS100-
199) I j
l 1I
First Arriving
Medical Unit 3,703 2:00 2:14 84.3% 6:00 6:07 86.8%
(BLS or ALS) N/A N/A N/A
First Arriving
ALS Unit 2,624 2:00 2:06 86.5% 6:00 6:03 89.9% N/A NIA N/A
Ilazardous
Material 7 2:00 2:39 82.9% 6:00 9:00 71.4% N/A N/A N/A
Technical
Rescue 2:00 1:52 100% 6:00 6:51 80%
� 5 I N/A N/A N/A
ARFF
3 N/A N/A NIA 3:00 2:37 100% N/A N/A N/A
Wildland
61 2:00 4:02 52.3% 6:00 86.9% N/A N/A N/A
Total
Measured 3,732 2:00 2:30 79.1% 6:00 6:09 89.1% N/A NIA N/A
Responses
18
RCW 35.103.010
Intent.
The legislature intends for city fire departments to set standards for addressing the reporting and
accountability of' substantially career fire departments, and to specify performance measures
applicable to response time objectives for certain major services. The legislature acknowledges
the efforts of the international city/county management association, the intemational association
of fire chiefs, and the national fire protection association for the organization and deployment of
resources for fire departments. The arrival of first responders with automatic external
defibrillator capability before the onset of brain death, and the arrival of adequate fire
suppression resources before flash-over is a critical event during the mitigation of an emergency,
and is in the public's best interest. For these reasons, this chapter contains performance measures,
comparable to that research, relating to the organization and deployment of fire suppression
operations, emergency medical operations, and special operations by substantially career fire
departments. This chapter does not, and is not intended to, in any way modify or limit the
authority of cities and towns to set levels of service.
AGENDA REPORT
FOR: City CounciG-l•'�� March 22, 2012
TO: Gary Crutc f el�i, C anager Workshop Mtg.: 3/26112
Regular Mtg.: 4/2/12
FROM: Ahmad Qayoum`, u is Works Director
SUBJECT: Transmission Waterline—Court Street to Broadmoor Boulevard
I. REFERENCE(S):
I. Amended Professional Services Agreement with Scope of Work
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
3/26: Discussion
4/02: MOTION: I move to approve the Amended Professional Services Agreement with
Murray, Smith and Associates, Inc. for the Columbia Water Supply— Raw
Water Intake, Irrigation Pipeline and Transmission Waterline, not to
exceed $631,114.00 and, further, authorize the Mayor to sign the
agreement.
1I1. FISCAL IMPACT:
Waterline transmission line by Water Funds; Irrigation and Raw Water Intake Design paid by
Ecology grant.
IV. HISTORY AND FACTS BRIEF:
A) The City Council approved the professional services for the design of the new Raw
Water Intake and a new 16-inch irrigation line on December 19, 2011 in the amount of
$609,814.00.
B) The Water Master Plan outlines the City's water needs and capital 'improvements until
year 2015. The plan includes a new 20-inch transmission line from Court Street to
Broadmoor pump station along 1-182, Harris Road and Broadmoor Blvd.
V. DISCUSSION:
A) The consultant has completed 30% of the design. As a result of the design, it is clear
that the City will need to acquire an additional utility easement parallel to the existing
easement along I-182 and Harris Road because the existing utility easement width is not
sufficient to accommodate installation of the new irrigation line.
B) The proposed 20-inch potable transmission water line was planned for 2015. However,
the proposed transmission waterline should be constructed at the same time as the
irrigation line, as there will be a number of potential cost savings:
a. If the transmission line is constructed separately, there needs to be at least 7 feet
separation from the proposed I6-inch irrigation line. However, if they are
constructed together, only 2 to 2.5 feet is required; thus, saving the cost of acquiring
an additional 10 to 15 feet of easement.
b. The cost of restoration is less as a combined project.
e. The cost of designing the transmission line if designed separately will be $80,000 to
$100,000. However, if it is designed in conjunction with the ongoing 16-inch
irrigation line, the cost will be $21,300.00. Therefore, saving approximately $60,000
in design fees.
d. One of the most important advantages would be that the property owners will
experience disturbance from construction activities one time, rather than twice.
e. The estimated construction cost for the transmission line is approximately$800,000.
Funds are available in the water utility reserves. If the project is bid and constructed
separately the cost could be S1.2 - $1.4 million. Combining the two projects could
result in a $400,000 - $600,000 savings.
4(c)
AMENDMENT NO. 1
TO AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES
FOR
COLUMBIA WATER SUPPLY PROJECT
FOR
CITY OF PASCO
THIS AMENDMENT, dated the day of..._._ P 2412, modifies the
agreement and contract made and entered into at Pasco, Washington, dated December 19,
2011 by and between CITY OF PASCO, hereinafter called the"City" and MURRAY,
SMITH & ASSOCIATES, INC, hereinafter called the "Consultant", and provides for
engineering services for Phase C—Harris Road Potable Water Piping. This amendment is
hereby made a part of the above referenced agreement to the same extent as though it was
originally included therein.
The agreement is hereby amended as follows:
Item No. 1
On page 1, following the first sentence of paragraph 1 — Scope of Work, ADD the following
words:
"The scope of work shall also include all services and material necessary to accomplish work
mentioned in accordance with EXHIBIT C (HARRIS ROAD POTABLE WATER
PIPING)."
Item No. 2
On page 2, in subparagraph A of paragraph 3 — Payments, REPLACE the first sentence with
the following words:
"Payment for work accomplished under the terms of this Agreement shall be on a LUMP
SUM basis as set forth on the fee schedules found in EXHIBIT A,EXHIBIT B and
EXHIBIT C provided, in no event shall the payment for all work performed pursuant to this
Agreement exceed the sum of$631,114.00, without prior approval from the City."
Amendment No. 1 to Agreement Page 1 of 2
G1PDx_Admin'Agreements and InsuranceTrime Consultant\Ciients\Pascoll I.1287\Dran Amendment No. I.doc
IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be executed in
duplicate by their respective authorized officers or representatives.
CITY OF PASCO
By:
Name/Title:
CONSULTANT
By:
Name/Title:
Amendment No. 1 to Agreement Page 2 of 2
G:TDX AdminlAgreements and[nsuranceTrime ConsultantlClicnts\Pascol]1-12871Draft Amendment No. Ldoc
EXHIBIT C
Harris Road Potable Water Piping
Proposed Work Program —Design, Bidding and Construction Phase Services
Murray,Smith & Associates,Inc.
March 12, 2012
PROJECT BACKGROUND AND UNDERSTANDING
The City of Pasco Water Master Plan calls for installing a 20" potable water main along the west side of
Highway 1-182 and on Harris Road to Broadmoor Boulevard to accommodate future development in
West Pasco. Under Exhibit B of this contract, the City is installing a 16" irrigation pipeline and
irrigation pump station along the same alignment.
To accommodate this alignment, the City is acquiring easements in private property along the west
right-of-way line of Highway I-182 and along the west edge of Broadmoor between Highway 1-182 and
Sandifur Parkway. To minimize future disturbance to these easement areas,the City would like to
install the potable water main along with the irrigation pipeline. Installation of both pipes at the same
time should also result in overall cost savings through use of common trench were possible and through
higher quantity of pipe procurement.
SCOPE OF WORK
MSA will complete all engineering work as required to develop the contemplated potable water piping,
from the existing potable water piping on Court Street at the west side of the existing 1-182 bridge to the
existing potable water piping at the intersection of Broadmoor Boulevard and Sandifur Parkway.
Work involves engineering tasks necessary to incorporate permitting, design, bidding and construction of
the new potable water pipeline, including final drawings and specifications suitable for the City to solicit
private bids for construction, into the irrigation pipeline work. MSA is providing an experienced project
manager, local project representation and a knowledgeable and experienced project team for permitting
and design of the facilities. MSA will manage all work in close coordination with the City. MSA's
approach relative to each phase and task follows.
SUMMARY OF BASIC WORK PROGRAM CRITERIA AND ASSUMPTIONS:
a) Property Acquisition and Rights of Entry—By City, including any required boundary surveys,
valuations and property partitioning. It is understood that the pipeline will be located within
existing City-owned easements and in public rights-of-way, with the City providing any required
rights of entry for engineering and construction.
b) Geotechnical Explorations—No geotechnical borings.
c) Archaeological/Cultural Review—Assume no additional effort beyond services performed for
irrigation piping in Exhibit B.
d) Potholing for design—No costs for potholing included. City to provide potholing if needed.
e) End Connections—Assume connections to existing water mains in Court Street east of Highway
1-182 and at the intersection of Broadmoor Boulevard and Sandifur Parkway with provisions
provided for future extensions at each end.
t) Pipe Location—In same trench as new irrigation pipeline wherever possible.
Murny.S61h R Associates,Inc. City of Pasco 1
March 2012 Harris Road Potable Water Piping
EXHIBIT C
TASK 1 —INITIAL EVALUATION,PERMITTING, AND LAND ACQUISITION
Project management, permitting services and interagency coordination for the potable water pipeline
will be performed in concert with the project management,permitting services and interagency
coordination for the irrigation pipeline work as described in Exhibit B.
TASK 2 —NOT USED
TASK 3 —FIELD INVESTIGATION, ARCHEOLOGICAL INVESTIGATIONS AND
TECHNICAL STUDIES
The MSA team will review existing background data, project reports and technical memoranda and
perform additional studies and necessary field investigations required to complete the design. This task
will include the following elements:
a) Background Data Review -Review all background data relative to the proposed improvements.
b) Review Existing Project Reports and Technical Memoranda - Review all available reports,
studies and technical memoranda that may be on file with the City and other local, state and
Federal agencies that pertain to the work.
c) Hydraulic Analysis—None assumed for potable water pipeline installation.
d) Survey and Mapping-Topographic surveying along the potable pipeline route will be conducted
in concert with topographic surveying for the irrigation pipeline, as described in Exhibit B, along
the existing pipeline easement between West Court Street and Harris Road and right-of-way to
right-of-way, along Harris Road and Boradmoor Boulevard to Sandifur Parkway, approximately
7,000 feet total.
It is understood that the pipeline will be located within existing City-owned easements and in
public rights-of-way. Proposed project budgets do not include provisions for property boundary
surveys, preparation of legal descriptions for the pipeline, preparation of permanent and
temporary construction pipeline easements and other survey related work and legal fillings
associated with property partitioning and land use approvals. Such services, if requested and
approved by the City, will be completed beyond this basic scope of work.
e) U111ity Investigation-As-built records of existing utilities will be collected and utility locate calls
will be made prior to project surveying so that proper locations may be shown for existing buried
utilities. In the event potholing is recommended to verify buried utility locations, it is assumed
that City forces will provide such potholing or that potholing will be conducted by a private
contractor outside the scope of this work. MSA will provide such potholing services, if required
and approved by the City, beyond this basic scope of work.
t) Archaeological and Cultural Investigations - Archaeological and cultural reviews and
investigations will be conducted by subconsultant, Cultural Resources Consultants, Inc. in
concert with archeological and cultural reviews for the irrigation pipeline work as described in
Exhibit B.
Murray.Smith&Assoc Tales,Inc. City of Pasco 2
March 2017 Harris Road Polkle Water Piping
EXHIBIT C
TASK 4—DESIGN AND CONSTRUCTION PERMITTING
Task 4 - Design Serwices: The MSA team will prepare designs for the potable water pipeline and
provide assistance in obtaining all necessary construction permits. All work will be performed in
concert with the irrigation pipeline design services as described in Exhibit B and incorporated into the
irrigation pipeline plans,technical specifications, bidding documents and contract documents. Work
includes:
a) Preliminary Design - Develop preliminary designs to approximately the 30 percent complete
level for City review and use in supporting initial agency consultations and permit applications.
b) Design Submittals- Incorporate City and agency comments on preliminary designs and prepare
design submittals at the 60 percent level and 90 percent level for further City review to confirm
that all City interests are appropriately incorporated into the plans. Design submittals will be in
electronic PDF format.
c) Final Construction Documents- With City reviews on 90 percent designs, complete final plans
incorporating appropriate City comments. Note, City comments that clarify intents and advance
designs based on previously approved concepts will be incorporated as part of the work. Where
comments involve a redirection and require redesign after prior 30 percent concepts have been
approved, MSA will complete required redesign, with MSA and the City agreeing that additional
compensation be warranted.
Draft and final technical specifications, bidding documents and contract documents will be
developed and compiled along with final plans into a complete set of construction documents.
These documents will follow City and industry standards and will be based on MSA's standard
formats for public works projects. An engineer's estimate of probable construction costs will be
developed to aid in the City's evaluation of contractor bids for construction. Final construction
document submittal will be one set of unbound, camera-ready contract documents.
d) Construction Permits - MSA will incorporate normal contract document provisions for
construction permits to be obtained by the successful construction contractor.
TASK S—BIDDING AND CONSTRUCTION PHASE SERVICES
Bidding and construction phase services for the potable water pipeline will be performed in concert with
the bidding and construction phase services being provided for the irrigation pipeline work as described
in Exhibit B. It is anticipated that bidding and construction phase services will be provided on a time
and expense basis as requested by the City in accordance with MSA's standard schedule of charges.
The total time spent and invoices will not exceed the budgets established in Exhibit B and agreed by this
agreement without prior City approval.
Murray.Smith&Associates;Inc.
lurch 2012 Harris Road Potable R'a[er Piping 3
EXHIBIT C-HARRIS ROAD POTABLE WATER PIPING ADDITION"TO IRRIGATION PIPING SCOPE OF WORT{
CITY OF PASCO
PROPOSED FEE ESTIMATE
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b Ddp Submhralr(60Y.and 90° 2 6 U 0 24 4 16 10 74 S 8,1§2 S 400 S 8.562
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Hrrrb Road Polabk Warr Prprra,
Marta 2012 Entmam?lanoerr Page 1
0 rm.IDC4.l P_cl+{M7Wnr Y.W IryWa Ps.4 ripnrf-F.uo.p-M.w...,W,am�u
AGENDA REPORT
FOR: City Coun it March 20,2012
TO: Gary CrutchI ty Manager Workshop Mtg.;3/26/12
Rick White,
Community + Ec c Development Director
FROM: Angie Pitman/,Block Grant Administrator6yp
Community&Economic Development
SUBJECT: 2011 HOME Community HousiU Development Organization(CHDO) Set-Aside Grant Award
(MF#BGCA 2011-008)
I. REFERENCES:
I. Habitat for Humanity Proposal
2. Benton Franklin Community Action Committee Proposal
3. Planning Commission Report and Minutes of 3/15112
4. Tri-Cities HOME Consortium CHDO(Owner, Developer, or Sponsor) Contract Agreement
[1. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
3126/12: DISCUSSION
III. FISCAL IMPACT
$90,294 in Federal HOME CHDO funds
IV. HISTORY AND FACTS BRIEF:
A. Pasco, along with Richland and Kennewick, formed a consortium that allows each City to be
eligible for federal HOME funds. Under the HOME program, 15% of funds are earmarked for
federally designated Community Housing Development Organizations (CHDO). The three cities
rotate the responsibility for distributing these funds. Pasco is responsible for distributing the 2011
HOME CHDO funds totaling$90,294 this year.
B. The City received applications from Tri-County Habitat for Humanity and Benton Franklin
Community Action Committee (CAC), both eligible CHDO organizations, for use of the 2011
CHDO funds.
V. DISCUSSION:
A. Tri-County Habitat for Humanity proposes to purchase land in Pasco and build two Habitat for
Humanity homes. The land has not yet been secured. The priority population to be served is
families between 30%-60% of the area median income range as defined by HUD. Habitat for
Humanity developed 7 single family residences with 2008 CHDO funds.They have completed 75
homes in the Tri-Cities with the 75` home completed this past February. Habitat for Humanity is
proposing to use all of the 2011 CHDO funds for purchasing land, closing costs, permitting,
materials and delivery costs associated with the two homes.
B. CAC proposes to purchase and renovate a small apartment building that would provide affordable
housing for families who come from homelessness and are currently case managed and supported
by CAC's Washington Family Fund program. All$90,294 (CHDO) would be used to supplement
other additional grant funds for acquisition and rehabilitation of the units. Tenants will be families
with children who are 30%and below the area median income and CAC will provide ongoing case
management and provide life skills and consumer credit counseling. CAC developed an affordable
housing project in 1996 for 15 units of affordable housing for First-Time Home Buyers in Pasco
called"Enrichment 2000". The project was completed in 1997. For 2011 CHDO funds, CAC will
be the project sponsor and the Housing Authority of the City of Pasco and Franklin County
(HACPFC) will be the project developer and manager. Both have experience in developing and
managing rental properties.
C. Both proposals serve priority populations and meet the goals of the Consolidated Plan. However,
the CAC project is unique in that it proposes to develop a multi-family residential project for
transitional rental housing. Over the years single family residential projects have been the focus of
both City and CHDO home dollars and other current assistance programs focus on single family
homeownership. This proposed CAC project focuses on filling a gap in subsidized rental housing
for an under-served priority population and complements the City's goal of improved rental
housing. This project also works toward developing capacity of a new housing development
organization which is the primary goal of the CHDO set-aside funds.
D. The Planning Commission has recommended award of the 2011 CHDO funds to CAC.
E. Based on Council discussion, staff will prepare a resolution awarding 2011 CHDO funds and
authorizing the City Manager's signature on the award documents for consideration at the April 2,
2012 Council Meeting. 4(d)
Al
City of Pasco
2011 HOME CHDO Grant Application
Agency: Tri County Partners Habitat for Humanity
Address: 313 Wellsian Way Richland WA 99352
Project Title: TBD
Project Location: Pasco, WA
Amount of Funds $90,294
Requested:
Contact Person: Theresa Richardson, Executive Director
E-mail: trichardson @habitat-tcp.org
Telephone: 509/943-5555
Fax: 509/943-1693
1. Provide a specific detailed description of your project and what exactly the CHDO funds
will be used for: Our request is to purchase land in Pasco, WA, reimbursement of fees
and permits, including a delivery service fee for the construction of three single-family
homes for qualifying low-income families.
The funds will be used to purchase land in Pasco and assist in the closing
costs, building permits and fees, purchase a portion of the building
materials needed, and support the delivery service for two Habitat for
Humanity homes, our mission to provide simple, decent, affordable
housing to qualifying families off all ethnic backgrounds, including the
elderly and the disabled.
2. Project beneficiaries - List the client data of persons whom you ESTIMATE you will
serve with this project. Is your count by: ❑Person, or by ®Household (family)?
Total Number to be served 2
Number of clients below 30% median 0 (unknown at this time)
Number of clients below 50% median 2
Number of clients below 80% median NIA
Number of elderly clients Unknown at this time
Number of minority clients Unknown at this time
Number of homeless clients Unknown at this time
3. Does the proposed project cause individual or business displacement? No
If yes — explain why.
1
4. Does your organization have experience in working with this type of project? If so, how
many years of experience? Please provide a list of recent projects and the year they
were completed:
Habitat for Humanity Tri Cities was established in 1994. As of this writing
we have completed 74 homes, having dedicated five homes in 2011 with
the 75th home scheduled for completion in February 2012. All our families
remain proud homeowners and we have never had a foreclosure. Currently
we have four families approved for homeownership and eight in the
application process,
5. If applicable, describe current agency ownership interest in property for the project and
include copy of deed or agreement to purchase property:
We are currently Inquiring about property in Pasco. Having enough land to
keep a steady building pace is our most immediate need. This grant will
allow us to purchase two lots in which to place two of our low-income
families in to a secure living environment.
6. What is the location of your project, census tract and population your project will serve?
Please attach a map:
The land is not yet secured, however the population of families to be
served are between 30% - 60% of the area HUD median income range.
7. Which of the following eligible activities is CHDO undertaking as the owner, sponsor or
developer?
❑ Acquisition and/or rehabilitation of rental housing,
❑ New construction of rental housing,
❑ Acquisition and/or rehabilitation of homebuyer propertles,
® New construction of homebuyer properties,
❑ Direct financial assistance to purchasers of HOME-assisted housing sponsored or
developed by a CHDO with HOME funds
2
8. Budget - Give a detailed breakdown of the total budget, including major expense line
items. Show how the requested CHDO funds will be applied toward the expenses and
show the amount and source of any other revenue that you will be using. Total budget
expenses should equal the total of the CHDO Funds plus Other Revenue. Be prepared
to explain the budget and provide copy of full agency budget upon request.
EXPENSES REVENUES
LINE ITEM $TOTAL $CHDO $OTHER SOURCE OF
BUDGET FUNDS FUNDS OTHER
Purchase Land $25,000 x 2 = $50,000
$50,000
Closing Costs $2,500 x 2 = $5,000
$5,000
Secure $8,500 x 2 = $17,000
Construction $17,000
Permits
Administration $17,505 f $17,505 Donations and
Gift-in-Kind
Home $75,000x 2 $14,686 Yakima Course of Const.
Construction $150,000 Federal Loan
Materials $41,000 x 2 =
$82,000
Delivery Service 4%of$90,294= $3,608
Fee $3,608
OTHER: (describe)
TOTAL $243,113 $90,294 $152,819
Additional explanation of the above budget:
3
9. If you do not receive the requested funds or receive only a portion of what you request,
how will the goals of your project be adjusted? What portion of your project will be
abandoned, will fewer persons be served, etc?
At our current pace of construction we anticipate having a shortage of
buildable lots by 9212092. We are very dependent on receiving these funds
to purchase land in Pasco in order to build the homes our low-income,
qualified applicants need.
10. Project timeline - Establish milestones or goals of accomplishments by calendar quarter
from the start of the project until completion:
Date Milestone/Goal
April 2012 Purchase Land
Se t 2012 Identify Qualifying Families
Begin Sweat Equity
Se t 2013 f Begin Construction
Dec 2014 2 Homes Completed and Sold
11. If funding is secured from this CHDO source, 25% match of non-federal funds is
required. Please list sources you will use to provide this match requirement:
Habitat for Humanity Tri-Cities' support for this project will come from a
variety of non-federal funds to more than meet the 25% match requirement
(25% of$90,294 = $22,574.)
Yakima Federal Course of Construction loans - $49,000 x 2 = $82,000
Gift-in-Kind -- $7,059 x 2 = $14,198 (includes electrical components, blinds,
hardware, paint, insulation, foam gaskets, flashing and tape.
Volunteer Labor— $3,333 x 2 = $6,666
Total Funds Match - $102,784
12. Listed below are the City of Richland's City of Pasco Priority Goals and Objectives for
housing. Please Circle the goal/objective that the proposed project meets:
4
CITY OF PASCO
2010-2014 CONSOLIDATED PLAN PRIORITY HOUSING GOALS AND OBJECTIVES
Goal IV: Improve Affordable Housing Opportunities for Lower-Income Individuals
and Households
PERFORMANCE MEASUREMENTS: (APPLY ONE PER STRATEGY CHOSEN)
• Number of lower-income households with improvements to their property at an
affordable cost, including health/safety codes or energy efficiency standards
improvements
• Number of lower-income households with rental payments at affordable rates
• Number of new lower-income homeowners assisted with affordable loans
• Number of now. ha using__ units .a 9�d7bfe Co and ±a±cyc�p�'e�k �� lower r� arare
hPuseholds
• Number of households with increased information on: dangers of lead-based paint, fair
housing, or the dangers of predatory lending or avoidance of foreclosure.
• Number of lower-income homebuyers graduated from buyer counseling programs who
retained or purchased a home, including special needs populations
S,TRA TE Y 1. EXPAND THE SUPPLY OF AF,FdRDABL E t, ffl tS B)f D#VEI,Oir ING O G'tlNE_j{ -.NI)
RENTER-OCCUPIRD HOUSfNG IN III-FILL AREAS OR TARGETED
NEIGHBORHOODS, CONSISTENT WITH LOCAI: C£7MPigEHENS'IV PLANS.
0P!g4e ve I.A. Develop new units, or provide gap tWiding for construction of
now unils that crc, ate safa and sanitary Rerrrranenf affordable
hoes ng. with_pria,rilyr given.to prcrj ct frr targ t d areas.
Objective 1.2 Support local efforts to obtain Section 8 rental assistance
certificates and or vouchers to reduce the incidence of housing-
cost burden or homelessness
STRATEGY 2. SUSTAIN OR IMPROVE THE QUALITY OF EXISTING AFFORDABLE HOUSING
STOCK.
Objective 2.1 Support acquisitions and/or rehabilitations of units for buyers,
owners, or renters.
Objective 2,2 Support housing activities that provide assistance to units and
properties to meet local codes, as well as fit to neighborhoods.
Activities include eligible code enforcement tasks, improvements
related to energy efficiency and other needs. Priority will be given
to rehabilitation or new construction projects in targeted
neighborhoods/areas including removal of spot blight conditions
STRATEGY 3. PROVIDE HOMEOWNERSHIP OPPORTUNITIES FOR LOWER-INCOME AND
SPECIAL NEEDS HOUSEHOLDS.
Objective 3.1 Provide gap financing and/or down payment/closing costs
assistance to eligible lower income homebuyers. Provide
additional assistance, if needed to underserved targeted
households. Terms of the assistance may vary based on income,
specific housing needs, rehabilitation, neighborhood factors, and
local priorities.
5
13. Please describe how your project meets those goals and objectives and how HOME CHDO
dollars will be utilized for the project and how long-term affordability requirements will be
met: HfH Tri Cities builds new homes for lower-income households that
create safe and sanitary, permanent, affordable housing. Habitat for
Humanity's homeowner selection process supports qualified families and
aims at providing permanent housing for low-income (30-60% area median
income) populations via a home ownership program. Our 0% interest loans
allow for lower mortgage costs than rental payments for housing of less
significant quality. The loans are fixed over 20 years and to date - of our 74
homes completed- we have not had a single foreclosure.
14. Please provide any additional information you want to be taken into consideration:
Shelter is one of life's most basic needs. Safe homes and neighborhoods, In
which residents are satisfied with housing conditions and public services,
help to build social stability and security. We know that when families'
experience the protection, warmth, and safety that adequate housing
supplies, lives change and the cycle of poverty, despair, and hopelessness
breaks. However, those chances are stolen by the detrimental impact
poverty housing has on everyday life. Habitat for Humanity is a Christian
housing ministry dedicated to eliminating poverty housing.
It is standard that one-third of our nation deals with housing issues from
overcrowding to poor quality shelter to payments too large for income and
sadly, homelessness (National Low Income Housing Coalition America's
Neighbors: The Affordable Housing Crisis and the People it Affects, 2004.)
Working in partnership with people from all walks of life from corporations,
to faith communities, and volunteers, we are able to build decent homes in
decent communities where people can live and grow into all that God
intended.
Stable housing also provides stability for children, increases a families'
sense of pride and dignity, improves health, physical safety and security, as
well as increasing educational and job prospects. Home ownership is an
important means of wealth accumulation in the form of equity and forced
savings resulting from mortgage repayment (Thomas P. Boehm and Alan M.
Scholttmann, U.S. Department of Housing and Urban Development. Office of
Policy Development and Research, Wealth Accumulation and
Homeownership: Evidence for Low-income Households, December 2004.)
Our affiliate has seen these statistics lived out in our families served. Many have
been able to move away from government subsidies, improve employment
opportunities, and provide better education for their children. Your support and
commitment is so very much appreciated. Thank you for the work you are doing.
Together we can make a significant impact in our community.
6
Certifications and Assurances
I/we make the following certifications and assurances as a required element of the proposal to
which it is attached, understanding that the truthfulness of the facts affirmed here and the
continuing compliance with these requirements are conditions precedent to the award or
continuation of the related contract(s):
1. The prices and/or data have been detemnined independently, without consultation,
communication, or agreement with others for the purpose of restricting competition.
However, liwe may freely join with other persons or organizations for the purpose of
presenting a single proposal.
2. In preparing this proposal, I/we have not been assisted by any current or former
employee of the City or member of HCDAC, whose duties relate (or did relate) to this
proposal or prospective contract, and who was assisting in other than his or her official
public capacity. Neither does such a person nor any member of his or her immediate
family have any financial interest in the outcome of this proposal. (Any exceptions to
these assurances are described in full detail on a separate page and attached to this
document.)
3. 1 understand that the City will not reimburse for any costs incurred in the preparation of
this proposal. All proposals will become the property of the City, and I/we claim no
proprietary right to the ideas, writings, items, or samples.
4. I/we warrant that, in connection with this RFP:
a. The price and/or cost data have been arrived at independently, without
consultation, communications, or agreement, for the purpose of restricting
competition, as to any matter relating to such prices with any competition.
b. No attempt has been made or will be made by the CHDO to induce any other
person or firm to submit or not to submit a proposal for the purpose of
restricting competition.
Name of Certified CHDO
1 er ullw
Authorized Signature
r.
Date
7
13ENTON
FRANKLIN = —
Community ➢' -�
Action
Committee
January 16, 2011
City of Pasco
Community & Economic Development Department
Attn: Angie Pitman, Block Grant Administrator
525 N. 3f'Ave
PO Box 293
Pasco, WA 99301
RE: City of Pasco 2011 HOME CHDO Grant Application ($90,294)
Dear Angie,
Attached are six copies of the Benton Franklin Community Action Committee CHDO
application. This is a joint venture with the Housing Authority City of Pasco and Franklin
County for the acquisition of a 4unit-housing complex located on W. Court Street in
Pasco. Tenants will be homeless households with children who are below 30% of the
Area Median Income.
Benton Franklin Community Action Committee (BFCAC)will be the Project Sponsor and
the City of Pasco and Franklin County Housing Authority (CPFCHA) will be the Project
Developer and Manager. BFCAC will provide intake/eligibility and referrals as well as
ongoing case management of the tenants and possible housing subsidies
Thank you for considering our application.
Yours truly,
RECEIVED
Judith A. Gidley, Executive Director
JAN 2 3 2012
COMMUNITY& ECONOMIC DEVELOPMENT
720W.Court St. • Pasco.Washington 99301 • (509)545-4042 • Fox(509)544-9691
CITY OF
-PASCO City of Pasco
qKROW2011 HOME CHDO Grant Application
Agency: _Benton Franklin Community Action Committee dba CAC
Address: 720 W. Court Street- Pasco, WA 99301
Project Title: HOME BASE - Pasco Affordable Housing
Project location: W Court Street - Pasco, WA
Amount of Funds $90,294
Requested:
Contact Person: Judith A. Gidley - Executive Director
E-mail: jgidlebfcac.o12—
Telephone: 509-545-4042
Fax: 509-544-9691
1. Provide a specific detailed description of your project and what exactly the CHDO funds
will be used for:
This project is in coordinated between Bention Franklin Community Action Committee
(CAC) and the Housing Authority of the City of Pasco and Franklin County (HACPFC).
Funds will be used by the HACPFC to purchase an apartment complex consisting of
four/two bedroom apartments that would provide affordable housing for families who
come from homelessness and are being case managed and supported by the CAC's
Washington Family Fund program. All four households will be at or beow 30% of the
AMi. CAC will ongoing case management and provide life skills, consumer credit
counseling
2. Project beneficiaries - List the client data of persons whom you ESTIMATE you will
serve with this project. Is your count by: ❑Person, or by ®Household (family)?
Total Number to be served 4 (households average size 3.5=14)
Number of clients below 30% median 4 (households average size 3.5=14)
Number of clients below 50% median
Number of clients below 80% median
Number of elderly clients
Number of minority clients
Number of homeless clients 4 (households average size 3.5=14)
3. Does the proposed project cause individual or business displacement? ❑Yes /® No
If yes–explain why.
1
4. Does your organization have experience in working with this type of project? If so, how
many years of experience? Please provide a list of recent projects and the year they
were completed:
Benton Franklin Community Action Committee developed an affordable housing project
in 1996 for 15 units of affordable housing for First-Time Home Buyers in Pasco called
Enrichment 2000. Tax Credit Donations, Housing Trust Funds and City of Pasco CDBG
funds were used. The project was completed in 1997. Thirteen (13) homes are still
paying and two (2) have paid their loans off. Dave Odom was the director for the
project. Dave has been with CAC for over twenty-seven years as the department
director for the agencies Weatherization and Minor Home Repair Programs.
Housing Authority of the City of Pasco and Franklin County (HACPFC) has in the past
year completed the following projects. At 820 North 15t Ave in Pasco, HACPFC
completed a complete upgrade of the 40 year old elevator. The cost of this project was
over $275,000. In 2010-11, HACPFC completed an exterior re-siding project on all of
our Farm Worker housing (24 units) at a cost of $186,000. In 2009, HACPFC
completed a paving project at our Sprucewood Public Housing Development at a cost of
$551,000.
5. If applicable, describe current agency ownership interest in property for the project and
include copy of deed or agreement to purchase property:
Benton Franklin Community Action Committee (CAC) will be the project sponsor and
Housing Authority of the City of Pasco and Franklin County (HACPFC) will be the
project developer and manager.
6. What is the location of your project, census tract and population your project will serve?
Please attach a map:
723 Court Street - Pasco, WA Census tract 203
7. Which of the following eligible activities is CHDO undertaking as the owner, sponsor or
developer?
® Acquisition and/or rehabilitation of rental housing,
❑ New construction of rental housing,
❑ Acquisition and/or rehabilitation of homebuyer properties,
❑ New construction of homebuyer properties,
❑ Direct financial assistance to purchasers of HOME-assisted housing sponsored or
developed by a CHDO with HOME funds
2
8. Budget - Give a detailed breakdown of the total budget, including major expense line
items. Show how the requested CHDO funds will be applied toward the expenses and
show the amount and source of any other revenue that you will be using. Total budget
expenses should equal the total of the CHDO Funds plus Other Revenue. Be prepared
to explain the budget and provide copy of full agency budget upon request.
EXPENSES REVENUES
LINE ITEM $TOTAL $CHDO $OTHER SOURCE OF
BUDGET FUNDS FUNDS OTHER
Acquisition $166,294 $90,294 $76,000 CAC
Acquisition Franklin County
2060 Funds
Rehabilitation $45,816 $45,816 Franklin County
2060 Funds
OTHER:
(describe)
TOTAL $ $ I "
Additional explanation of the above budget:
Total Budget $212,110. Rnoton estimate includes a 15afl contincencrr ccst.
3
9. If you do not receive the requested funds or receive only a portion of what you request,
how will the goals of your project be adjusted? What portion of your project will be
abandoned, will fewer persons be served, etc?
Without the HOME CHDO funds acquisition of a Pasco Four-plex will have to be
postponed until alternative-funding sources can be identified and committed. The ability
to develop four more units of affordable housing for the homeless will be posted.
10. Project timeline - Establish milestones or goals of accomplishments by calendar quarter
from the start of the project until completion:
Date Milestone/Goal
June 30, 2012 acquisition of 723 West. Court completed
June 30, 2012 Application for Franklin County 2060
Funds
June 30, 2013 Renovation of all four units completed
11. If funding is secured from this CHDO source, 25% match of non-federal funds is
required. Please list sources you will use to provide this match requirement:
Benton Franklin Community Action Committee (CAC) will provide the required 25%
Match for a minimum of$22,574 to a maximum of $76,000.
4
12. Listed below are the City of Pasco's Priority Goals and Objectives for housing. Please
Circle the goal/objective that the proposed project meets:
CITY OF PASCO
2010-2014 CONSOLIDATED PLAN PRIORITY HOUSING GOALS AND OBJECTIVES
X Goal IV: Improve Affordable Hquaing O : ortunitie for Low 2r-Income Individuals
and Households
PERFORMANCE MEASUREMENTS: (APPLY ONE PER STRATEGY CHOSEN)
• Number of lower-income households with improvements to their property at an
affordable cost, including health/safety codes or energy efficiency standards
improvements
• Number of lower-income households with rental payments at affordable rates
• Number of new lower-income homeowners assisted with affordable loans
• X Number of new housing units affordable to and occupied by lower-income households
• Number of households with increased information on: dangers of lead-based paint, fair
housing, or the dangers of predatory lending or avoidance of foreclosure.
• Number of lower-income homebuyers graduated from buyer counseling programs who
retained or purchased a home, including special needs populations
STRATEGY 1. EXPAND THE SUPPLY OF AFFORDABLE UNITS BY DEVELOPING OWNER-AND
RENTER-OCCUPIED HOUSING IN IN-FILL AREAS OR TARGETED
NEIGHBORHOODS, CONSISTENT WITH LOCAL COMPREHENSIVE PLANS.
Objective 1.1 Develop new units, or provide gap funding for construction of new
units that create safe and sanitary permanent affordable housing
with priority given to projects in targeted areas.
Objective 1.2 Support local efforts to obtain Section 8 rental assistance
certificates and or vouchers to reduce the incidence of housing-
cost burden or homelessness
OTRATEGY2.SUSTAIN OR IMPROVE THE QUALITY OF EXISTING AFFORDABLE HOUSING
STOCK.
�bjective 2.1 Support acquisitions and/or rehabilitations of units for buyers,
owners, or renters.
Objective 2.2 Support housing activities that provide assistance to units and
properties to meet local codes, as well as fit to neighborhoods.
Activities include eligible code enforcement tasks, improvements
related to energy efficiency and other needs. Priority will be given
to rehabilitation or new construction projects in targeted
neighborhoods/areas including removal of spot blight conditions
STRATEGY 3. PROVIDE HOMEOWNERSHIP OPPORTUNITIES FOR LOWER-INCOME AND
SPECIAL NEEDS HOUSEHOLDS.
Objective 3.1 Provide gap financing and/or down paymenUclosing costs
assistance to eligible lower income homebuyers. Provide
additional assistance, if needed to underserved targeted
households. Terms of the assistance may vary based on income,
specific housing needs, rehabilitation, neighborhood factors, and
local priorities.
5
13. Please describe how your project meets those goals and objectives and how HOME CHDO
dollars will be utilized for the project and how long-term affordability requirements will be
met'
HOME CHDO funds would be used for acquisition of the property and the PHA will
apply for Franklin County 2060 Affordable Housing funding to provide necessary dollars
for rehabilitation of the units to bring them up to code if necessary. The CHDO funds
and the CAC funds ca be used for match. Based on the funding sources being used the
housing will meet the long-term affordability requirements. Residents will meet the
required at or below the 30%AMI. CAC will determine eligibility and case management
for the residence. The Housing Authority of the City of Pasco and Franklin County
(HACPFC) will be the owner and provide maintenance of the property. Clients will pay
30% of their adjusted annual household income toward their rent.
14. Please provide any additional information you want to be taken into consideration:
6
i
Certifications and Assurances
Ilwe make the following certifications and assurances as a required element of the proposal to
which it is attached, understanding that the truthfulness of the facts affirmed here and the
continuing compliance with these requirements are conditions precedent to the award or
continuation of the related contract(s):
1. The prices and/or data have been determined independently, without consultation,
communication, or agreement with others for the purpose of restricting competition.
However, I/we may freely join with other persons or organizations for the purpose of
presenting a single proposal.
2. In preparing this proposal, Uwe have not been assisted by any current or former
employee of the City or member of HCDAC, whose duties relate (or did relate) to this
proposal or prospective contract, and who was assisting in other than his or her official
public capacity. Neither does such a person nor any member of his or her immediate
family have any financial interest in the outcome of this proposal. (Any exceptions to
these assurances are described in full detail on a separate page and attached to this
document.)
3. 1 understand that the City will not reimburse for any costs incurred in the preparation of
this proposal. All proposals will become the property of the City, and I/we claim no
proprietary right to the ideas, writings, items, or samples.
4. Ilwe warrant that, in connection with this RFP:
a. The price and/or cost data have been arrived at independently, without
consultation, communications, or agreement, for the purpose of restricting
competition, as to any matter relating to such prices with any competition.
b. No attempt has been made or will be made by the CHDO to induce any other
person or firm to submit or not to submit a proposal for the purpose of
restricting competition.
Benton Franklin Community Action Committee CAC
Name of Certified CHDO
Au�/orized Signature
Janua 16, 2012
Date
7
CAC Cost Estimate for 4-Plex Renovation
1. Paint (interior/Exterior)
2. Floor Covering (Carpet/Vinyl)
3. Appliances (Refrigerator 1 Range/ Hood)
4. Cabinets /Countertops (Includes— Sinks, Faucets, etc)
5. Water Heaters
6. Window Treatment (Blinds)
7. Door Hardware
8. New Roof
1. Paint(Interior):
a. Materials (Paint, Etc):
$751 Unit
• Total Materials Cost (4 units) - $300
b. Labor:
• 40 hours per unit
$30 / Hour
• $1,200 Total Labor per unit
• Total Labor Cost (x4 units) - $4,800
Paint(Exterior):
a. Materials (Paint, Etc):
• Total Materials Cost (Bldg) - $1,000
b. Labor:
• 80 hours
• $30 / Hour
• Total Labor Cost (Bldg) - $2,400
Total Cost for Painting Interior/ Exterior- $8,500
2. Flooring (Carpet]Vinyl):
a. Materials:
• Estimated Cost Based on Similar Projects — $900 / Unit
• Total Materials (4 Units) — $3,600
b. Labor (Contracted Cost):
• Labor Cost/ Unit - $600
• Total Labor Cost (4 Units) -$2,400
Total Cost for New Flooring -$6,000
3. Appliances (Refrigerator / Range / Range hood):
a. Materials:
• Refrigerator- $450
• Range - $300
• Range hood -$50
• Total Cost for Appliances (4 Units) — $3,200
b. Labor(Uncrate and Install):
4 Hours Each
• $301 Hour
• Total Labor Cost (4 Units) - $480
Total Cost for New Appliances - $3,680
Page l of 2
4. Cabinets / Countertops (includes—Sinks, Faucets, etc):
a. Materials:
Estimated Cost Based on Similar Projects — $2,4001 Unit
• Total Materials (4 Units)— $9,600
b. Labor(Uncrate and Install):
• 20 Hours Each
• $301 Hour
• Total Labor Cost (4 Units) - $2,400
Total Cost for New Cabinets - $12,000
5. Water Heaters:
a. Materials:
• Water Heater- $500
• Total Cost (4 Units) - $2,000
b. Labor:
• 3 Hours Each
• $30 / Hour
Total Labor Cost (4 Units) - $360
Total Cost for New Water Heaters - $2,360
6. Window Treatment (Blinds):
a. Materials:
• 4 Blinds/ Unit- $100
• Total Cost (4 Units) $400
b. Labor:
1.5 Hours Each
• $30 / Hour
• Total Labor Cost (4 Units) - $180
Total Cost for New Blinds - $580
7. Door Hardware:
a. Materials:
• 4 Latches/ 1 Deadbolt / Unit - $120
• Total Cost (4 Units) $480
b. Labor:
• 2 Hours Each
• $30 /Hour
• Total Labor Cost (4 Units) - $240
Total Cost for New Door Hardware - $720
8. Roof:
a. Estimate Based Upon Similar Projects - $6,000
Total Cost for New Roof - $6,000
Total Estimated Renovation Cost: $39,840.00
Page 2 of 2
BENTON
FRANKLIN
Community = __
Action =
Committee _ --
-VOLUNTARY ACQUISITION -
- Informational Notice -
(Agencies Without Eminent Domain Authority)
January 18, 2012
Francisco L Chavez(509) 302-1124
Alex Palomino (508) 727-4304
PO Box 3471
Pasco,WA 99302
Dear Messrs Chavez and Palomino:
Benton Franklin Community Action Committee is interested in acquiring property you own at 723 W
COURT ST for a proposed project which may receive funding assistance from the U-S. Department
of Housing and Urban Development (HUD).
Please be advised that Benton Franklin Community Action Committee does not have authority to
acquire your property by eminent domain. In the event we cannot reach an amicable agreement for
the purchase of your property, we will not pursue this proposed acquisition.
We are prepared to offer you one hundred sixty-four thousand dollars ($164,000) to purchase your
property. We believe this amount represents the current market value of your property. Please
contact us at your convenience if you are interested in selling your property.
In accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act
(URA), owner-occupants who move as a result of a voluntary acquisition are riot eligible for
relocation assistance.
if you have any questions about this notice or the proposed project, please contact Judith Gidley at
the Benton Franklin Community Action Committee. The phone number is 509-545-4042.
Sincerely,
RECEIVED
Judith A. Gidley, Executive Director JAN z 3 2012
COMMUNITY&ECONOMIC DEVELOPMENT
C.WocunlvnLs and c5do applicau0n\V(11111Hary actllllsllloll 1101111 t wo cluincnt d(xnain aulharhy 723 W COUrt.doex
720 W. Court St. - Pasco, Washington 99301 ► (509)545-4042 • Fax(509)544-9691
Item: Home Base Affordable Housing
Vicinity Map
Applicant: Benton-Franklin CAC N Fi le #: BGHC 2011 -008 (CU)
Uj
Q;
,wi :
' S'TE r
rr • .. R
oft
CAM,
aim
r r
�R R� N �S
..._ .,.,. .,.ter:. �'- '
MEMORANDUM
DATE: March 8, 2012
TO: Planning Conunission
FROM: Angela R. Pitman, Block Grant Administrator
SUBJECT: 2011 HOME COMMUNITY HOUSING DEVELOPMENT ORGANIZATION
(CHDO) SET-ASIDE GRANT AWARD (MF#BGCA2011-008)
Proposed 2011 CHDO Set-Aside Grant Award
Pasco, along with Richland and Kennewick, formed a consortium that allows each City to be
eligible for federal HOME funds. Under the HOME program, 15% of funds are earmarked for
federally designated Community Housing Development Organizations (CHDO). The three cities
rotate the responsibility for distributing these funds. Pasco is responsible for distributing the
2011 HOME CHDO funds totaling $90,294 this year.
Applicants
The City received applications from Tri-County Habitat for Humanity and Benton Franklin
Community Action Committee, both eligible CHDO organizations, for use of the 2011 CHDO
funds,
Tri-County Habitat for Humanity proposes to purchase land in Pasco and build two Habitat for
Humanity homes. The land has not yet been secured. The priority population to be served is
families between 30%-60% of the area median income range as defined by HUD. Habitat for
Humanity developed 7 single family residences with 2008 CHDO funds, and are now proposing
to use 2011 CHDO funds for 2 single family residences as follows:
$50,000 would be used for the purchasing of the land
• $5,000 for closing costs
• $17,000 to secure construction permits
0 $14,686 for home construction materials
• $3,608 for delivery service fees
Benton Franklin Community Action Committee (CAC) proposes to purchase an apartment
complex consisting of four/two bedroom apartments that would provide affordable housing for
families who come from homelessness and are currently case managed and supported by CAC's
Washington Family Fund program. All $90,294 would be used for acquisition. Additional grant
funds will be used for acquisition and rehabilitation of the units. Tenants will be families with
children who are 30% and below the area median income and CAC will provide ongoing case
management and provide life skills and consumer credit counseling. CAC proposed use of
CHDO funds is as follows:
• $90,294 in CHDO funds for acquisition of 4-plex
• $76,000 of Washington Family fiends for additional acquisition funding
• $45,815 rehabilitation costs from Franklin County 2060 funds
CAC will be the project sponsor and the Housing Authority of the City of Pasco and Franklin
County (HACPFC) will be the project developer and manager. Both have experience in both
developing and managing rental properties.
Recommendation
The two proposals serve priority populations and meet the goals of the Consolidated Plan.
However, the CAC project is unique in that it proposes to develop a multi-family residential
project for transitional rental housing. Over the years single family residential projects have been
the focus of both City and CHDO home dollars. This proposed project focuses on filling a gap in
subsidized rental housing for an under-served priority population. This project also works toward
developing capacity of a new housing development organization which is the primary goal of the
CHDO set-aside funds.
Therefore, we propose the following Motion:
MOTION: I move the Planning Commission recommend to City Council the 2011 Community
Housing Development Organization (CHDO) Set-Aside Grant Award to the Benton Franklin
Community Action Committee.
ARP/kls
REGULAR MEETING MARCH 15, 2012
PLANNING COMMISSION MINUTES
OTHER BUSINESS-.
A. BLOCK GRANT CONTRACT 2011 Community Housing Development
Organization ICHDOI Set-Aside Grant (MF#
BGCA2011-001
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, explained the Community Housing
Development Organization (CHDO) Set-Aside Grant to the Planning Commission, Pasco, along
with Richland and Kennewick, formed a consortium that allows each City to be eligible for
federal HOME funds. Under the HOME program, 15% of funds are earmarked for federally
designated Community Housing Development Organizations (CHDO). The three cities rotate
the responsibility for distributing these funds. Pasco is responsible for distributing the 2011
HOME CHDO funds totaling$90,294 this year.
The City advertised for proposals and only two housing providers within the City of Pasco, Tri-
County Habitat for Humanity and Benton Franklin Community Action Committee (CAC , turn
in their proposals. Tri-County Habitat for Humanity would use the grant money along with
"sweat" equity to provide two single-family homes for families between 30%-60% of the area
median income. The CAC proposal involved a partnership with the Housing Authority that
would use all of the CHDO funds for the acquisition of an apartment building along with a
series of other grants for rehabilitation to make up for remaining acquisition funds. The
apartment complex will be used to provide transitional housing for families coming out of
homelessness as transition housing to gain skills necessary to get them into permanent
housing.
Staff has had time to think over the recommendation and due to previously focusing on single-
family home opportunities staff looks favorably on the Planning Commission recommending the
CAC project because it fills a niche that isn't currently being addressed in a proper manner.
Theresa Richardson, 1750 Meadow Hills Drive, Richland, WA, Executive Director of Habitat for
Humanity, spoke on behalf of the proposal from Habitat for Humanity. Habitat for Humanity
does not believe that housing efforts should be accomplished solely by the use of government
funds. Habitat for Humanity believes leveraging matching public and private funds from
across the community is the best approach because then everyone is engaged on addressing
solutions to community issues. Habitat for Humanity believes a home provides an investment,
economic security, a safe place to raise a family and stimulus to support a family's self-
sufficiency and advancement. The government investment through CHDO could create a
multiplier effect in local economies. Habitat's investment leads to greater employment in the
community where Habitat works. In the past, Habitat has used CHDO funds to purchase lots
in Pasco. Of the completed 75 homes, 40 homes have been built in Pasco and 13 of those
homes were using CHDO dollars, On top of being homeowners, they will also become property
taxpayers, which is good for the community. Habitat has never had a single foreclosure in the
Tri-Cities. A survey done by Habitat homeowner's indicated significant increases in
homeowner's self-esteem, well-being, overall family health and neighborhood pride.
Judith Gidley, 4102 Meadowview Drive, Executive Director of Benton Franklin Community
Action Committee, spoke on behalf of the proposal for Benton Franklin CAC. The CAC
proposed to use the grant for transitional housing. They are a non-profit in business for 46
years in Pasco and Kennewick with the majority being in Pasco. They have been the lead
agency for providing services to homeless and reducing homelessness in both Benton and
Franklin County for over 10 years. One of the hardest things for the families that come to the
CAC that are homeless or pending homelessness because they cannot afford to live where they
are that they due use rent subsidies in order to get people back on their feet. The housing
market in the area has a low vacancy rate, rentals are up and people who are low income
cannot afford the rents. The plan for the project is to by a four-plex to turn into transitional
housing. The CAC has a five year grant with the Washington Family Fund, which is private
funding from the Bill and Linda Gates Foundation along with State Legislature. They are in the
second year with the Washington Family Fund with 10 families who meet 15% of the area
median income -o be eligible for the program, An array of services are offered to give the
families a hand-up with secure transitional housing while they work on their needs. Not
everyone who comes through the doors of the CAC are ready for housing or can even afford
housing, much less be eligible for low income housing.
Commissioner Kempf asked Ms. Gidley if the CAC sees a lot of families or individuals.
Ms. Gidley responded that the majority are families. They serve those up to the 50% area
median income. Some programs are set aside strictly for individuals who are chronically
homeless, coming from the streets or The Gospel Mission. The partnership with the Pasco
Housing Authority will assist both the CAC and them since they are losing Section 8 housing
and the abilities to be able to support those types of programs. The CAC restricts the length of
time the families can be in the housing. This project would allow the clients to live in the
housing longer while they are receiving education and their families, lives and jobs together
where they can actually afford to even rent or be eligible for a house.
Commissioner Khan agreed that it would be good to give the CAC a chance since they haven't
been granted the CHDO funds before and that it could certainly be used in Pasco however she
knows that Habitat for Humanity does great work in the area.
Commissioner Levin asked if the money could be split between the two organizations.
Mr. White answered that he would not be sure how splitting the money would affect the
projects since it is a small amount of money to be granted in the first place.
Chairman Cruz feels that if the money were split Habitat for Humanity might be able to come
up with money or work to finish the project but it would make the CAC's proposal not viable.
He feels that he is willing to support the CAC's proposal due to the need for transitional
housing in Pasco.
Commissioner Kempf moved, seconded by Levin, to move the Planning Commission
recommend to City Council the 2011 Community Housing Development Organization (CHDO)
Set-Aside Grant Award to the Benton Franklin Community Action. Committee. The motion
passed unanimously.
TRI-CITIES HOME CONSORTIUM
CHDO (Owner, Developer, or Sponsor) CONTRACT AGREEMENT
This HOME Program CHDO Recipient Agreement, hereinafter called "Agreement", has
been made and entered into as of the day of , 2012,
between the Tri-Cities HOME Consortium consisting of the participating jurisdictions of
the Cities of Richland, Kennewick and Pasco, hereinafter called "Consortium", and
, a qualified non-profit public agency, and
a community housing development organization (CHDO) whose address is
hereinafter called
"Recipient" as authorized by Title II, Section 216 and 217 of the National Affordable
Housing Act of 1990, and with 24 CFR Part 92, also known as the HOME Investment
Partnerships (HOME) Program.
Recitals
WHEREAS, the Federal Government has made funds available to Consortium pursuant
to the HOME Program to increase the number of families, especially low income
families, served with decent, safe, sanitary and affordable housing and to expand the
long term supply of affordable housing; and
WHEREAS, the Consortium seeks the maximum use of such funds consistent with the
HOME Program, the objectives of which are to provide incentives to develop and
support affordable rental housing and home ownership affordability through the
acquisition, reconstruction, moderate or substantial rehabilitation or new construction of
affordable housing; and
WHEREAS, the HOME Program authorizes contracts with community housing
development organizations, (CHDO), private developers, non-profit organizations, and
public agencies to carry out the objectives identified above; and
WHEREAS, in the case of CHDO the HOME Program also authorizes the use of
program funds to provide technical assistance and site control loans in the early stages
of project development, to provide loans to cover pre-construction project costs that
Consortium determines to be customary and reasonable, and to provide education and
organizational support.
NOW, THEREFORE, the parties, for and in consideration of the promises and mutual
obligations set forth below, agree as provided for in this agreement.
Section 1 — Definitions
HOME Funds — the total amount of HOME Program dollars being provided by the
Consortium to the Recipient under this Agreement.
HOME Assisted — Those units in the Project, which were partially or totally rehabilitated,
constructed, or otherwise, assisted with the use of HOME Funds.
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Project — the activity and result for which HOME Funds are being provided under this
Agreement.
Regulations — the requirements in 24 CFR Part 92 which govern the HOME Program
and the use of HOME Funds, and all related and applicable OMB Circulars, Codes,
Regulations and requirements.
Section 2 — The Project
HOME Funds are being made available by the Consortium to the Recipient for the
purpose of promoting affordable housing to very low, low and moderate-income
families, through the acquisition, and construction of non-luxury housing with suitable
amenities, including site improvements, conversion, demolition, and other expenses
such as financing costs, hereinafter called the "Project". The Recipient will make every
effort to choose a project location that minimizes relocation requirements, contributes to
strengthening housing opportunities in residential neighborhoods and maximizes
positive benefits of the public investment provided by HOME Funds. Final approval of
the project location rests with the Consortium.
Section 3 — Sources and Uses of Funds
The total amount of HOME Investment Partnership Program dollars (CDFA 12.239),
hereinafter called "HOME Funds", to be allocated to the Project is ninety thousand two
hundred ninety-four dollars and no/100 ($90,294). HOME Funds to be allocated are
consortium Fiscal Year (Jan-Dec) 2011 CHDO funds. The limit of financial exposure for
the Consortium and its individual members is specifically $90,294.00.
The 2011 HOME CHDO Grant Application by Recipient is by reference made a part of
this agreement.
Projected dates for completion of significant items are as follows:
Date Work to be Completed
The Agreement will be effective upon signing by all parties, and authorization of
environmental review and clearance, and all project work will be completed no later than
day of I Failure to complete the project as
agreed upon, or comply with HOME Program and other applicable local, state or federal
requirements can result in a breach of this agreement and cause any HOME funds
drawn or incurred to become immediately due and repayable to the City of Richland,
lead entity for the Tri-Cities HOME Consortium.
Scope of Work: The Recipient will act as project coordinator, and will market the
homes in accordance with applicable HOME rules and regulations to households whose
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gross annual household income is at or below 80 percent of median under Income
guidelines established annually by the U.S. Department of Housing and Urban
Development (HUD) for the Tri-Cities area. Income documentation will be in a form
consistent with HOME requirements as stated in the HUD handbook "Technical Guide
for Determining Income and Allowances Under the HOME Program" Part 5
determinations for eligibility. Income verification of the household must be re-
examined to determine continued eligibility for the HOME Program if the closing of the
property or recordation of the Deed occurs later than 6 months from initial income
verification.
The Recipient will lend funds to individuals in an amount sufficient to make the homes
affordable. The City of Pasco, as a participating jurisdiction of the Tri-Cities HOME
Consortium, will be named as mortgagee on the properties secured by a recorded Deed
and Note as required by 24 CFR 92.254 for a period not less than the period of
affordability. The HOME funds shall be no lower in priority than second position on the
property unless prior written authorization is granted by the participating jurisdiction
and/or the Consortium. The property must be used as the household's primary
residence during the term of the HOME Program loan.
Project beneficiary information pertaining to household size, income levels, racial/ethnic
characteristics, disability status, household composition, Female Head of Household
composition, and any other information required by HUD, will be collected and
documented in an individual and cumulative manner.
Homeownership projects must meet the minimum per-unit subsidy amount at 24 CFR
92.205(c) currently established as a minimum of $1 ,000, and the maximum per unit
subsidy amount at 24 CFR 92.250(a) that is updated annually by HUD. The sources
and uses of all other funds that might be contemplated for a project must be reported to
the Consortium prior to the commencement of work so that a subsidy layering review
per 92.250(b) can be completed.
The Recipient and/or participating jurisdiction will monitor each housing unit for principal
residency as provided at 24 CFR 92.254(a)(3) upon completion of the project and
during the period of affordability.
The Recipient agrees that it is now and will maintain CHDO status for the term of the
project in accordance with 24 CFR Part 92, and agrees to provide information as may
be requested by the Consortium to document its compliance.
Section 4— Displacement/Relocation Requirement
Any project that might displace a person, family, business, non-profit organization, or
farm must be approved by the participating jurisdiction (City) and the Consortium PL&or
to any final commitment of HOME funds for the project, or of entering into any type of
agreement, whether verbal or written with another party. Failure to receive prior
approval may cause the forfeiture of any and all sums under this agreement by the
Recipient.
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Section 5 — Environmental Review
The effects of each activity related to the Project must be assessed in accordance with
the provisions of the National Environmental Policy Act of 1969 and the related
authorities in 24 CFR Parts 50 and 58, and as detailed in 24 CFR Part 92, § 92.352.
The Recipient must, prior to undertaking any choice limiting or physical activity with
respect to the Project, regardless of whether such activity is to be funded by the HOME
Funds, comply to the extent applicable, with the regulations found at 24 CFR Part 58.
All applicable environmental review and clearance requirements as provided in 24 CFR
58.5 must be completed by the lead consortium member and approved by the U.S.
Department of Housing and Urban Development prior to any commitment by the
Recipient of HOME dollars or commencement of any part of the project. The Recipient
will abide by any special conditions, procedures and requirements of the environmental
review and will advise the lead entity of any proposed change in the scope of the project
or any change in environmental conditions in accordance with 24 CFR 58.71(b).
The Recipient may not use any of the HOME Funds for acquisition or construction in
identified special flood hazard areas unless the Project is subject to the mandatory
purchase of flood insurance as required by Section 102(a) of the Flood Disaster
Protection Act of 1973.
Failure to comply with this provision will cause an immediate cancellation of this
Agreement and forfeiture of the HOME funds.
Section 6 — Disbursement of Funds
The Recipient may request funds under this Agreement only when they are needed for
payment of specific allowable costs described herein, and only in amounts needed to
pay such costs. The Recipient shall be reimbursed for eligible project costs after review
and approval by the participating jurisdiction of invoices, statements, and other billings,
progress reports, and property inspection if applicable. Upon prior approval, the
Consortium may pay a vendor or contractor directly.
Section 7 - Relationship
The relationship of the Recipient to the Consortium shall be that of an independent
agency. Nothing herein shall be deemed to create the relationship of
employerlemployee or principal/agent between the parties.
Section 8 - Modifications and Amendments
All modifications and amendments to this Agreement shall be in writing; such
modification or amendment shall not take effect until specifically approved by the
Consortium in writing.
Section 9 - Waivers
No conditions or provisions of this agreement can be waived unless approved by the
Consortium in writing.
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Section 10 — Assignment
The Recipient shall not assign any interest in this Agreement and shall not transfer any
interest in this Agreement to any party (whether by assignment or novation) without
prior written consent of the Consortium.
Section 11 - Severability
If any provision of this Agreement, or portion thereof is held invalid by any court of
rightful jurisdiction, the remainder of this Agreement shall not be affected providing the
remainder continues to conform to applicable Federal and State law(s) and regulations
and can be given effect without the invalid provision.
Section 12 — Insurance and Bonds
The Recipient and its employees, volunteers, contractors or consultants shall carry
throughout the life of this Agreement, General Liability Insurance, Comprehensive
Automobile Liability Insurance and other such coverage as may be appropriate or
required by State or Federal law, for the services to be performed. This insurance shall
include the following:
A. Professional Legal Liability: Recipient shall maintain Professional Legal Liability
or Professional Errors and Omissions coverage appropriate to the Recipient's
profession and shall be written subject to limits of not less than $1 million per
claim and $1 million policy aggregate limit. The coverage shall apply to liability
for a professional error, act or omission arising out of the scope of the work for
this agreement. Coverage shall not exclude bodily injury, hazards, or property
damage related to the work in this agreement, including testing, monitoring,
measuring operations, or laboratory analysis where such services are rendered
as part of the agreement.
B. Worker's Compensation (Industrial Insurance): Workers' compensation
insurance as required by Title 51 RCW shall be maintained and Recipient shall
provide evidence of coverage if so required.
C. Commercial General Liability: Commercial General Liability coverage shall be
written on ISO occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, personal injury and advertising
injury. The insurance shall include the Consortium, its members, officers,
officials, employees and agents with respect to performance of services, and
shall contain no special limitations on the scope of protection afforded as an
additional insured. If the liability coverage is written as a claims made policy,
then evidence of an extended reporting period or "tail" coverage for a three-year
period after project completion must be purchased, or otherwise maintained for
the three-year period. If this agreement is over $50,000 then Employers Liability
Coverage shall also be maintained. Coverage shall include limits of not less than
$1 million per occurrence, and $2 million aggregate.
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D. Automobile Liability: Business Automobile Liability insurance with a minimum
combined limit no less than $1 million per accident for bodily injury and property
damage shall be maintained. Coverage shall include owned, hired, leased, and
non-owned automobiles. Coverage shall be written on Insurance Services Office
(ISO) form CA 00 01 or a substitute form providing equivalent liability coverage.
If deemed necessary, the policy shall be endorsed to provide contractual liability
coverage.
Insurance is to be placed with insurers with a current A.M. best rating of not less than
A:VII. Recipient shall furnish the Consortium with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the Insurance requirements prior to the
commencement of the work. The insurance policies are to contain, or be endorsed to
contain, the following provisions for Automobile Liability, Professional Liability and
Commercial General Liability insurance:
The insurance coverage shall be primary as respect to any insurance or self-
insurance covering the Consortium, its members, elected and appointed officers,
officials, employees and agents. Any insurance, self-insurance, or insurance
pool coverage maintained by the Consortium and its members shall be excess of
the Recipient's insurance and shall not contribute with it. The insurance shall not
be cancelled by either party, except after 30 days prior written notice by certified
mail, return receipt requested, has been given to the Consortium.
Properties improved, acquired or rehabilitated with HOME funds will be insured until
such time that the final disposition of the property occurs. Copies of such documents
will be forwarded to the lead entity of the Consortium prior to the start of work for the
project.
Bonds — If this agreement is for construction or facility improvement and the cost
exceeds $100,000, the Recipient shall furnish Performance and Payment Bond as
security for the faithful performance and payment of all his obligations. The Bond shall
be in amounts at least equal to the Contract Price, and on such forms and with such
Sureties as are licensed to conduct business in the State of Washington and are named
in the current list of "Surety Companies Acceptable of Federal Bonds" as published in
the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Department.
The performance bond shall be held by the Consortium for one year from the date of
completion. If the surety on any Bonds furnished is adjudged, bankrupt, or becomes
insolvent or its right to do business is terminated, the Recipient shall, within 5 days
thereafter, substitute another Bond which shall be acceptable to the Consortium and
participating jurisdiction.
Section 13 — Procurement Standards
The Recipient will establish procurement procedures to ensure that materials and
services are obtained in a cost-effective manner. When procuring for services to be
provided under this agreement, the Recipient shall comply at a minimum with the
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nonprofit procurement standards at 24 CFR 84.40-48. In addition, it is understood that
any Recipient that can be considered to be a religious organization shall abide by all
portions of 24 CFR 92.257.
Section 14— HOME Program Requirements
HOME Funds are made available to Consortium and subsequently to Recipient as
authorized by 24 CFR Part 92, referenced and other applicable documentation,
hereinafter called the "Regulations". Recipient agrees to comply with all requirements
of the Regulations. Should anything in this Agreement be construed to conflict with
Regulations, it is the Regulations, which shall prevail.
Section 15 — Match Requirement
The HOME program requires a non-federally funded 25 percent match. The Recipient
and/or participating jurisdiction is required to document sources of match, both cash and
in kind and submit this information to the lead entity of the Consortium. The Recipient
❑ will ❑ will not provide the 25 percent match. The Recipient will provide 25%
match which minimally is $22,573.50 match and is due at project completion. The
Recipient will immediately provide progress reports of match status as requested by the
Consortium.
Section 16 — Period of Compliance/Period of Affordability
The HOME-assisted housing must meet the affordability requirements established at 24
CFR 92.254(4) for owner occupied units, for a period not less than specified in the
following table:
Homeownership Assistance Minimum Period of Affordability
HOME amount per unit In Years
Under $15,000 5
$15,000 to $40,000 10
Over $40,000 15
New Construction of Rentals 1 20
This period of compliance is called the Period of Affordability for the Project, beginning
after the Project is completed and occupied by a very low, low or moderate-income
household, and without regard to the term of the loan or the transfer of ownership,
except as noted below. The terms of affordability must be conveyed to the owner.
Section 17 — Termination of Period of Affordability
The applicability of the Regulations may be terminated upon foreclosure or transfer in
lieu of foreclosure per Consortium's and U.S. Department of Housing and Urban
Development approval. The applicability of the Regulations shall be revived according
to the original terms if during the original Period of Affordability, the owner of record
before the foreclosure, or deed in lieu of foreclosure, or any entity that includes the
former owner or those with whom the former owner has or had family or business ties,
obtains an ownership interest in the project or property.
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Section 18 — Recapture Requirements and Resale Requirements
To insure affordability, this project adheres to recapture requirements and Recipient
must impose recapture requirements to comply with the standards set forth in 24 CFR
Part 92, § 92.254(a)(5). Language insuring the funds during the period of affordability
for either resale or recapture requirements must be included in all contract documents
and in a separate written agreement (not legal documents such as deeds and
promissory notes) with the household. Funds that are returned by the Recipient and/or
the participating jurisdiction from the sale of the property by the homeowner, or if the
property is no longer used as their primary residence during the period of affordability as
required by 24 CFR 92.254(x)(4)-(5) must be immediately returned to the Consortium.
Either resale or recapture provisions used must be consistent throughout the program
design.
Resale requirements must ensure, that if the housing does not continue to be the
principal residence of the family for the duration of the period of affordability, the
housing is made available for subsequent purchase only to a buyer whose family
qualifies as a low income family and will use the property as its principle residence. The
resale requirement must also ensure that the price at resale provides the original HOME
assisted owner a fair return on investment (and any capital improvement and ensure
that the housing will remain affordable to a reasonable range of low income persons. if
HOME assistance is only used as a development subsidy and is not subject to
recapture, then the resale provision must be used.
Recapture requirements can be structured to be the entire amount of original HOME
assistance, a sharing of net proceeds from the subsequent sale of the property, or may
be reduced during the period of affordability per 92.255(a)(5)(ii) based upon the
program design and market conditions and approval by the Consortium.
Section 19 — CHDO Proceeds
The Recipient ]will ❑ will not be eligible to retain CHDO Proceeds to be used for
other affordable housing activities to benefit very low, low and moderate-income
persons. CHDO proceeds are funds resulting from the permanent financing of a CHDO
project which is used to pay off a CHDO financed construction loan; the sale of CHDO
sponsored rental housing to a second non-profit; the sale of CHDO developed
homeownership housing; the principal and interest payments from a loan to a buyer of
CHDO developed homeownership housing, etc. Once CHDO proceeds are used once,
there is no further HOME requirement that must be met.
Section 20 — Property Standards
For acquisition and/or rehabilitation of existing structures, upon completion the housing
assisted with HOME Funds must meet the participating jurisdiction's housing
rehabilitation standards, or if no standards exist, then the housing quality standards at
24 CFR Part 92, §92.251(a)(1) for rehabilitation, and § 92.251(a)(2) for acquisition;
accessibility standards at 24 CFR 92.251(a)(3) and lead based paint requirements as
8
found in 24 CFR 92.355 and 24 CFR Part 35. The housing must also meet all State of
Washington and local standards, zoning, and ordinances.
Newly constructed housing must meet the current edition of the Model Energy Code
published by the Council of American Building Officials and local building standards.
Section 20 — Non-Discrimination and Equal Opportunity
The Recipient agrees that they will utilize and make available the HOME Funds in
conformity with the non-discrimination and equal opportunity requirements set out in the
HUD regulations in the National Housing Affordability Act. These regulations include:
1 . The requirements of the Fair Housing Act, 42 U.S.C. 3601-20, and implementing
regulations at 24 CFR Part 100; Executive Order 11063 (Equal Opportunity in
Housing) as amended by Executive Order 12259 and implementing regulations
at 24 CFR 107; and Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, and
implementing regulations at 24 CFR Part 1 (Nondiscrimination in Federally
Assisted Programs);
2. The prohibitions against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 6101-07) and the regulations at 24 CFR
146;
3. The prohibitions against discrimination on the basis of handicap under Section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing
regulations at 24 CFR, Part 8;
4. The requirements of the Executive Order 11246 (Equal Employment Opportunity)
and the regulations issued under the Order at 41 CFR Chapter 60;
5. The requirements of Section 3 of the Housing and Urban Development Act of
1968, 12 U.S.C. 1702u (Employment Opportunities for Business and Lower
Income Persons in Connection with Assisted Projects); and
6. The requirements of Executive Orders 11625 and 12432 regarding Minority
Business Enterprise, and 12138 regarding women's Business Enterprise, and
regulations S.85,36(e) of Section 281 of the National Housing Affordability Act;
and
7. The requirements of Washington State Law as found at RCW 49.60.
Section 21 —Affirmative Marketing, MBEMBE Records and Reports
Affirmative marketing steps will be taken to provide information and otherwise attract
eligible persons in the housing market area to the available housing without regard to
race, color, national origin, sex, religion, familial status or disability. Affirmative
marketing procedures must include requirements detailed in 24 CFR Part 92, §92.351,
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A detailed affirmative marketing plan must be submitted to the lead entity of the Tri-
Cities HOME Consortium at the start of the project.
The Recipient will document and provide data on the outreach steps taken to assure
that minority business (MBE) and women's business enterprises (WBE) have an equal
opportunity to obtain or compete for contracts and subcontracts as sources of supplies,
equipment, construction, and services. Recipient will report to the lead entity of the
Consortium the contracts or subcontracts awarded to MBE and WBE businesses for the
project.
Reports will be provided in accordance with 92.508(3) that give a description of each
project assisted, including the location, form and term of assistance.
Section 22 Labor Standards — Prevailing Wage Determination
If this agreement is for a construction activity, the Davis-Bacon Act or State of
Washington Prevailing Wage Requirements may be applicable.
❑ It has been determined by the U.S. Department of Housing and Urban
Development, Office of Labor Relations that there ❑ will ❑ will not be applicability
of Davis-Bacon requirements to this project.
❑ It has been determined by the State of Washington Department of Labor that there
❑ will ❑ will not be applicability of State Prevailing Wage Requirements, as long as
CHDO funds are only used for development fees and down payment assistance.
Should HOME funds be made available for other project costs, the Recipient agrees to
comply with the decision regarding applicability as determined by the State of
Washington Department of Labor and/or the U.S. Department of Housing and Urban
Development Labor Division. The Recipient will ensure that written Federal Labor
Standards Provisions and/or State Prevailing Wage Rates will be included and
implemented in all contract and sub-contract documents, and the Recipient will carry out
the responsibilities and duties as established by the U.S. Department of Housing and
Urban Development,
Section 23 — Lead Based Paint
The Recipient must comply with the U.S. Department of Housing and Urban
Development Lead Based Paint Regulations (24 CFR Part 35) issued pursuant to the
Lead Based Paint Poisoning Prevention Act of 1971 (42 U.S.C. Sections 4821, et.seq.)
requiring prohibition of the use of lead based paint whenever HOME funds are used
directly or indirectly for construction, rehabilitation, or modernization of residential
structures; elimination of immediate lead based paint hazards in residential structures;
and notification of the hazards of lead based paint poisoning to purchasers, tenants,
and/or owners of residential structures constructed prior to 1978. The Recipient will be
responsible for hiring an independent Environmental Protection Agency (EPA) or State
of Washington certified Lead Based Paint risk assessor, inspector or clearance
examiner for rehabilitation work. The Recipient will assure that contractors and sub-
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contractors comply with all applicable guidelines and regulations for the elimination of
lead based paint hazards as established under OSHA Lead in Construction Industry
Standard, 29 CFR 1926.62; EPA Lead Standard 40 CFR 745; and Title X of the 1992
Housing and Community Development Act, as amended, and established by HUD, 24
CFR 35, and 24 CFR 92.355.
Section 24— Conflict of Interest
Generally, no employee, agent, member, consultant, officer or elected or appointed
official of the members in the Consortium or Recipient who exercises or has exercised
any functions or responsibilities with respect to any activities that are in any way
connected with the decision to provide the HOME Funds may obtain a financial interest,
reside in, or benefit from those activities, or have an interest in any contract, subcontract
or agreement with respect thereto, or the proceeds thereunder, either for themselves or
those with whom they have family or business ties, during their tenure or for one year
thereafter as stated in 24 CFR 92.356, and the Recipient must take appropriate steps to
assure compliance.
Section 25 — Records
Records must be kept by the Recipient and be made available to the Consortium that
demonstrates compliance with this Agreement. Records must be maintained for at least
five years after the project completion date, except for documents imposing
recaptu re/re sale restrictions which must be retained for five years after the Period of
Affordability, specified in Section 6 above, has expired, or as any of the following apply:
1) Records that are the subject of audit findings must be retained for three years after
such findings have been resolved,
2) Records for non-expendable property (as defined in OMB Circular #A-110 for non-
profit organizations) shall be retained for three years after its final disposition.
Project pre-construction, construction, and project management records must be kept
which demonstrates compliance with this Agreement and related regulations. Financial
management records must be kept and identify the source and application of funds for
the Project, in accordance with 24 CFR Part 85 and OMB Circulars A-110 and A-133 for
non-profit agencies.
The Recipient agrees to provide any and all information as may be requested by the
Consortium or participating jurisdiction to document compliance with the HOME
Program and related laws, rules, regulations and policies.
Section 26 — Monitoring
At least annually, or more often if deemed necessary, the Consortium Lead Entity will
monitor the performance of the Recipient to assure compliance with the requirements of
this Agreement. The review may include on-site inspections and review of all records to
determine compliance with this Agreement through the contract and affordability period.
The Recipient agrees to provide any and all information to the Consortium to assist in
meeting administrative and monitoring requirements.
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Any duly authorized representative of the U.S_ Department of Housing and Urban
Development, authorized federal or state agent, or the Consortium shall at all
reasonable times have access to and the right to inspect, copy, audit, and examine all
books, records and other documents relating directly to the Recipient's receipt and
disbursement of the HOME Funds, as well as access to the project site(s) and all
project records.
Section 27 — Financial Responsibility
The recipient agrees that it is financially responsible (liable) for any audit exception
which occurs due to its negligence or failure to comply with the terms of this agreement.
Section 28 —Timeliness of Expenditures
Time is of the essence in this agreement. HOME funds unspent as of the 31 st day of
December, will be recaptured by the Tri-Cities HOME Consortium for
redistribution by the representative city to another qualified applicant, unless written
extension approval prior to the date of expiration is made between all signatory
members of this agreement.
Section 29 — Status Reports
The recipient will be required to provide status reports to the City of Richland, lead entity
for the Tri-Cities HOME Consortium, on the project or program being funded. The
reports shall be submitted within 15 days of the end of each calendar year quarter (by
April 15, July 15, October 15 and January 15) and shall continue until the project or
program has been completed. The status reports shall include a description of the
activities undertaken during the prior quarter, reporting on the goals achieved, the
assistance provided to clients in the program, the number of homes constructed, and
the number of families assisted. At the completion of the project a final report shall be
provided indicating the accomplishments realized, the strengths and weaknesses of the
project, total number of houses built or rehabilitated, total number of persons assisted,
etc. Final record retention shall be the property of the participating jurisdiction and shall
be delivered to same, if so requested.
Section 30 — Indemnification
The Recipient will save and keep harmless and indemnify the Consortium and its
individual representative members against any and all liability, claims and costs of
whatsoever kind and nature for injury to or death of any person or persons and for loss
or damage to any property occurring in connection with or in any way incident to or
arising out of activities undertaken under this agreement.
Section 31 — Corrective and Remedial Action
Recipient will immediately correct or cause to be immediately corrected, any and all
actions or performance deficiencies in the project as may be determined by the lead
entity for the Tri-Cities HOME Consortium or the U.S. Department of Housing and
Urban Development. Failure to correct such actions or performance deficiencies within
30 days from written notification may result in suspending HOME funds for the above
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described project, the cancellation of this contract, the reprogramming of HOME funds
to other eligible activities, or the repayment of the HOME funds.
Section 32 — Attorney's Fees-Costs
In the event of a lawsuit between the parties to this agreement, the prevailing party shall
be entitled to recover judgment against the other party for reasonable attorney's fees
and other costs either at trial or on appeal. If either party exercises any non-judicial
right or remedy to enforce such party's rights hereunder, it shall be a condition for the
cure of the default that the defaulting party will pay the non-defaulting party's
reasonable attorney's fees incurred and all reasonable costs. Failure to pay such costs
and reasonable attorney's fees shall constitute an event of default under this
agreement.
Section 33 —Venue and Law
Venue for any action under this contract shall be in Franklin County, Washington. This
agreement shall be governed by the laws of the State of Washington.
Section 34— Cancellation of Agreement
This agreement may be cancelled for cause or not for cause by providing written 30
days notice by certified mail, return receipt requested, to the other signatory members of
this agreement. HOME funds not committed to specific projects as of the cancellation
date will be relinquished to the Consortium for redistribution to other qualified projects.
Section 35 —Written Agreement
In accordance with the provisions of 24 CFR 92.504(a)(5) when assistance is provided
to a homebuyer or homeowners, a written agreement separate from deeds, promissory
notes, or other security instruments must be entered into that includes at a minimum:
For homebuyers, the agreement must conform to the requirements in 92.254(a),
the value of the property, principal residence, lease-purchase, if applicable, and resale
or recapture provisions. The agreement must specify the amount of HOME funds, the
term and form of assistance whether grant or loan, the use of the funds for down
payment, closing costs, rehabilitation, etc. and the date by which the housing must be
acquired.
For homeowners, the written agreement must conform to the requirements in 92.254(b)
and specify the amount, term, and form of HOME assistance, rehabilitation work to be
undertaken, roles and responsibilities, date for completion, and property standards to be
met.
For tenants, the rental assistance contract or the security deposit must conform to the
requirements at 92.209 and 92.253.
Section 36 - Modifications and Amendments
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All modifications and amendments to this Agreement shall be in writing; such
modification or amendment shall not take effect until specifically approved by the
Consortium in writing and signed by all parties to this agreement.
Section 37 - Debarment and Suspension
The Recipient may not award or permit an award of a contract to any party which is
debarred, suspended or ineligible to participate in a Federal program. The Recipient
certifies that it is not debarred, suspended or ineligible to participate in a Federal
program. The Recipient will submit to the City, the names of contractors and any
subcontractors prior to signing contracts, to ensure compliance with 24 CFR Part 24,
"Debarment and Suspension". The Recipient will also assure that language pertaining to
debarred, suspended or ineligibility to participate is inserted in all contract agreements.
If during the time of this agreement the Recipient is debarred, suspended or ineligible to
participate in a Federal program, the Consortium may terminate this agreement for
cause.
Section 38 — Financial Management and Audits
The Recipient agrees to adhere to the generally accepted accounting principles and
procedures issued by the American Institute of Certified Public Accountants, and utilize
adequate internal controls and maintain necessary source documentation for all costs
incurred.
The Recipient will also comply with auditing standards issued by the Comptroller
General of the United States. All recipients, whether a direct recipient of this
agreement, or a sub-recipient receiving federal funds through a pass-through entity, that
expend $500,000 or more in a year in Federal awards shall have a single audit
conducted for that year in accordance with the provision of OMB A-133, Subpart B.
When a Recipient expends Federal awards under only one Federal program, excluding
Research and Development performed by a non-federal entity, and the program's laws,
regulations, or grant agreements do not require a financial statement audit, the recipient
may elect to have a program-specific audit conducted in accordance with Subpart B,
Section 235. A program-specific audit may not be elected for Research and
Development unless all of the Federal awards expended were received from the same
Federal agency, or the same Federal agency and the same pass-through entity, and
that Federal agency, or pass-through entity approves in advance a program-specific
audit. The audit must be conducted within 60 days of completion of this agreement.
Non-Federal entities that expend less than $500,000 a year in Federal awards are
exempt from Federal audit requirements for that year, except this does not limit the
authority of Federal agencies, Including HUD, Inspectors General, or General
Accounting Office to conduct or arrange for additional audits. All records will be made
available for review or audit by appropriate local, state and federal entities.
Section 39 — Title Insurance
Title Insurance shall be purchased on each activity in an amount equal to the
anticipated HOME assistance and will name the City of Pasco as a beneficiary.
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Section 40 — Dispute Resolution
The Consortium, participating jurisdiction and the Recipient agree to negotiate in good
faith for a period of 30 days from the date of notice of all disputes between them prior to
exercising their rights under this agreement or under law. Ail disputes not resolved by
negotiation between the parties may be arbitrated only by mutual agreement of the
parties. If not mutually agreed to resolve the claim by arbitration, the claim will be
resolved by legal action. Arbitration of all claims will be in accordance with the RCW
7.04A and the mandatory rules of arbitration with venue being placed in Pasco,
Washington. Arbitration shall include an award to the prevailing party of its reasonable
attorney fees and costs against the other.
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RECIPIENT: CONSORTIUM:
Tri-Cities HOME Consortium
P.O. Box 190, MS 20
Richland, WA 99352
Cynthia D. Johnson, City Manager
City of Richland
Date Date
PARTICIPATING JURISDICTION:
Gary Crutchfield, City Manager
City of Pasco
Date
APPROVED AS TO FORM:
Thomas O. Lampson, City Attorney
City of Richland
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AGENDA REPORT
TO: City Counci March 22, 2012
FROM: Gary CrutchfiePa� Manager Workshop Mtg.: 3126/12
SUBJECT: Commissioned Rangers
1. REFERENCE(S):
11. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
3/26: Discussion
III. FISCAL IMPACT:
Increased general fund expense of approximately $30,000 annually
IV. HISTORY AND FACTS BRIEF:
A) Over the course of the past few years, staff has noted a continuing rise in
"conflicts" at city parks, particularly Chiawana and Memorial. Conflicts range
from off-leash dogs to gang activity. During the past few years, staff hired two
park rangers for the summer who shuttled between the various parks in an effort
to discourage such incidents by the mere presence of a"uniform" (a shirt with city
logo on it— no authority to cite or arrest). When a problem was encountered, the
ranger would call police; response was not always as quick as needed and the
ranger could not follow through regarding enforcement.
V. DISCUSSION:
A) Staff recommends Council authorize use of a small portion of the public safety
sales tax to hire two fully-commissioned park rangers for the entire park season.
The ability of the park rangers to cite and/or arrest on the spot is expected to
significantly improve the voluntary compliance of offenders in the parks, thus
leading to a much greater sense of safety in the parks without requiring
involvement of police patrol. The Administrative & Community Services
Director and Police Chief have conferred in this matter and both concur in the
recommendation.
B) The ability to employ fully-commissioned park rangers is enhanced by the recent
layoffs of state park rangers around the state. Thus, there should be little delay in
getting two fully-trained rangers at Chiawana and Memorial parks early this
season. The expected cost increase (versus non-commissioned rangers), is viewed
by staff as a small investment in comparison to the added authority and
effectiveness of the effort — and certainly fitting under the public safety sales tax
objectives.
4(e)