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HomeMy WebLinkAbout2005.06.20 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. June 20,2005 1. CALL TO ORDER 2. ROLL CALL: Pledge of Allegiance. 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated June 6,2005. (b) Bills and Communications: (A detailed listing of claims is.available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of$867,364.69 ($38,421.61 being in the form of Wire Transfer Nos. 4354 and 4357 and, $828,943.08 consisting of Claim Warrants numbered 149142 through 149392). 2. To approve bad debt write-offs for utility billing, ambulance, code enforcement and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of$176,177.31 and, of that amount, authorize $126,298.16 be turned over for collection. (c) Appointment to Planning Commission: (NO WRITTEN MATERIAL ON AGENDA) To appoint Michael Miles to Position No. 7, with an expiration date of 2/2/08. (d) Appointment to Public Facilities District Board: (NO WRITTEN MATERIAL ON AGENDA) To reappoint Spence Jilek to Position No. 3, with an expiration date of July 14, 2009. (e) Interlocal Cooperation Agreement for Ambulance Services—Franklin County Fire District No.2: 1. Agenda Report from Gregory L. Garcia,Fire Chief dated June 9, 2005. 2. Interlocal Agreement. To approve the Interlocal Agreement with Franklin County Fire District No. 2 to provide "Intercept"paramedic services and,further, authorize the Mayor to sign the Agreement. (f) Contract for Services Automation of Permitting System: 1. Agenda Report from Richard J. Smith, Community &Economic Development Director dated June 9, 2005. 2. Contract with CRW Associates. To approve the Agreement with CRW Associates for the installation and use of permits, planning and code enforcement software in an amount not to exceed $144,000 plus $12,000 for travel expenses and, further, authorize the City Manager to sign the agreement. *(g) Final Plat: College View Heights(Pasco Vineyards Associates) (MF#05-94-FP): 1. Agenda Report from David I. McDonald, City Planner dated June 16;2005. 2. Final Plat(Council packets only; copy available in Planning Office for public review). 3. Vicinity Map. To approve the final plat for College View Heights. *(h) Final Plat: Highland Meadows Phase III (Copper Basin) (MF#05-67-FP): 1. Agenda Report from David I. McDonald, City Planner dated June 16, 2005. 2. Final Plat(Council packets only; copy available in Planning Office for public review). 3. Vicinity Map. To approve the final plat for Highland Meadows Phase III. (i) Resolution No. 2878, a.Resolution defining the community process to select the paint designs for the current water reservoir and the water reservoir to be constructed at Road 76 and Sandifur. 1. Agenda Report from Elden Buerkle, Management Assistant dated June 10, 2005. 2. Proposed Resolution. To approve Resolution No. 2878, defining a community process to select the paint design for the city water reservoirs at Road 76 and Sandifur. Regular Meeting 2 June 20, 2005 (j) Resolution No. 2879, a Resolution of the City of Pasco, Washington designating acceptable locations for the possession, display or consumption of liquor subject to certain requirements. 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated June 7, 2005. 2. PMC 9.20.020 Regarding Liquor Consumption within Park and Recreation Facilities. 3. Resolution No. 2606. 4. Franklin County Resolution 2004-373. 5. Proposed Resolution. To approve Resolution No. 2879, designating acceptable locations for the possession, display or consumption of liquor subject to certain requirements. (RQ MOTION:I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS - OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers. (b) Financial Services Manager: General Fund Operating Statement through May 2005. (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (none) 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (none) 9. UNFINISHED BUSINESS: (none) 10. NEW BUSINESS: *(a) Sylvester Street Water Main Improvements: 1. Agenda Report from Doyle Heath, City Engineer dated June 16, 2005, 2. Bid Summary. 3. Vicinity Map. (RQ MOTION: I move to award the low bid for the Sylvester Street Water Main Improvements, Project No. 05-2-02 to Watts Construction, Inc., in the amount of$434,638.23 including sales tax and, further, authorize the Mayor to sign the contract documents. *(b) 2005 Overlays,Project No.05-3-01: 1. Agenda Report from Doyle Heath,City Engineer dated June 16, 2005. 2. Bid Summary. 3. Vicinity Map. (RQ MOTION: I move to award the low bid for all areas in the 2005 Overlays, Project No. 05-3-01, to Transtate Paving Co., Inc., in the amount of$749,615.00 and, further, authorize the Mayor to sign the contract documents. *(c) Purchase of Property located at 110 N.Tacoma: 1. Agenda Report from Gary Crutchfield, City Manager dated June 17, 2005. 2. Amended Real Estate Purchase and Sale Agreement. MOTION: I move to approve the purchase of 110 N. Tacoma and, further, authorize the City Manager to execute all documents necessary to effect the purchase. Regular Meeting 3 June 20,2005 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...... Q Quasi-Judicial Matter REMINDERS: 1. 12:00 p.m., Monday, June 20, Red Lion — Chamber of Commerce General Membership Meeting. ("Economic Development in Kennewick" presented by City of Kennewick's Economic Development Director, Ken Nelson.) 2. 6:00 p.m., Monday, June 20, City Hall Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR MIKE GARRISON and COUNCILMEMBER REBECCA FRANCIK) 3. 9:00 a.m., Wednesday, June 22 — 12:00 p.m., Friday, June 24, Three Rivers Convention Center — 2005 AWC Annual Conference. (COUNCILMEMBERS EILEEN CRAWFORD, REBECCA FRANCIK, ROBERT HOFFMANN and TOM LARSEN) 4. 7:30 a.m., Thursday, June 23 — Tri-Cities Visitor & Convention Bureau Board Meeting. (COUNCILMEMBER TOM LARSEN) 5. 5:30 p.m., Thursday, June 23, 710 W. Court Street — Community Action Committee Board Meeting. (COUNCILMEMBER EILEEN CRAWFORD, Rep.;JOE JACKSON, Alt.) 6. 7:00 p.m., Thursday, June 23, 800 W. Canal Drive — Benton-Franklin District Board of Health Meeting. (COUNCILMEMBERS REBECCA FRANCIK and MATT WATKINS) I MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 6, 2005 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Michael L. Garrison, Mayor. ROLL CALL: Councilmembers present: Tom Larsen, Michael Garrison, Joe Jackson, Rebecca Francik, Eileen Crawford, Robert Hoffmann and Matt Watkins. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr,. City Attorney; Stan Strebel, Administrative & Community Services Director; Richard Smith, Community & Economic Dev. Director; David McDonald, City Planner; Norm Rummel, Associate Engineer; Greg Garcia, Fire Chief and Elden Buerkle, Management Assistant. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval.of Minutes: Minutes of the Pasco City Council Meeting dated May 16, 2005. Minutes of the Special Pasco City Council Meeting dated May 23, 2005. (b) Bills and Communications; To approve General Claims in the amount of$1,479,681.34 ($162,337.95 being in the form of Wire Transfer Nos. 4330, 4331, 4334, 4337, 4340, 4341 and 4352 and, $1,317,343.39 consisting of Claim Warrants numbered 148842 through 149141). To approve Payroll Claims in the amount of$1,340,107.05, Voucher Nos. 32718 through 32871; and EFT Deposit Nos. 30004392 through 30004817. (c) Appointment to Planning Commission: To appoint Rose Gundy to Position No. 1, with an expiration date of 2/2/10. (d) Amendment No. 1 to the Transpo Group Professional Services Agreement: To authorize the Mayor to execute Amendment No.. 1 to the Transpo Group Professional Services Agreement for transportation and traffic management services. (e) Stealth Cell Towers: To move that the Planning Commission review regulations pertaining to aesthetic standards for cellular communication towers and report back to the Council with recommendations within 90 days. (f) Transportable Storage Units: To move that the Planning Commission review regulations pertaining to the location of metal storage containers in all non-industrial zoning districts and report back to Council with recommendations regarding appropriate locations, if any, and design standards within 90 days. (g) Resolution No. 2875,a Resolution approving a Drought Management Plan. To approve Resolution No. 2875, approving a Drought Management Plan. Removed from Consent Agenda and moved to Item 10d--New Business. (h) Resolution No. 2876, a Resolution implementing the National Incident Management System. To approve Resolution No. 2876, authorizing the implementation of the National Incident Management System. Removed from Consent Agenda and moved to Item 10e—New Business. MOTION: Ms. Francik moved to approve the Consent Agenda as amended. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. 1 3aA NUNUI'ES REGULAR MEETING PASCO CITY COUNCIL JUNE 6, 2005 PROCLAMATIONS AND ACKNOWLEDGMENTS: "Yard of the Month"Awards: Mayor Garrison presented Certificates of Appreciation for May 2005 "Yard of the Month" to: 1. Jose and Elia Mancilla, 1620 W. Irving Street 2. Dolly Rodriguez, 1124 W. Jan Street 3. Jim and Barbara Hay, 1915 W. Agate Street 4. Chad and Stephanie Roan, 4503 Yuma Drive 5. John and Mary Peltier, 3904 W. Nixon Street 6. Lanny and Judy Spriggle, 6208 Sandifur Parkway 7. Bob and Ursula Sand,4 Zinnia Court VISITORS - OTHER THAN AGENDA ITEMS: Mr. Sven Dailey, 2107 N. 9`h Ave, inquired about the number of.stiIl cameras available for Police Dept. use. Mr. Jim Payne, 1536 N. 17`h Ave, voiced concerns about citizens' non-compliance with the City's Fireworks ban. REPORTS FROM COMMITTEES AND/OR OFFICERS: Ms. Francik noted Pasco was awarded the "Highest Average Number of Steps" award in the "Walk for the Health of It" challenge, Ms. Crawford attended the Washington State CTED Growth Management Workshop on June P. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Six-Year Transportation Improvement Plan 2006-2011. Mr. Norm Rummel, Associate Engineer, explained the details of the Six-Year Transportation Improvement Plan. MAYOR GARRISON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN: Mr. Sven Dailey, 2107 N. 9`h Ave, inquired about the potential interchange at 395 and Foster Wells Rd. and the Lewis St. underpass project. Council and Staff discussed the details of various projects. FOLLOWING THREE CALLS FROM MAYOR GARRISON FOR COMMENTS,EITHER FOR OR AGAINST,THE PUBLIC HEARING WAS DECLARED CLOSED. Resolution No. 2877,a Resolution adopting the revised and extended Comprehensive Street,Storm Drain and Bridge Programs for the City of Pasco. MOTION: Ms. Francik moved to approve Resolution No. 2877, thereby adopting the City's Six-Year Transportation Improvement Plan for 2006-2011. Mr. Jackson seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 6, 2005 Ordinance No. 3724, an Ordinance of the City of Pasco, Washington, amending Sections 1.10.020 through 1.10.060 of the Pasco Municipal Code defining voting districts. MOTION: Ms. Francik moved to adopt Ordinance No. 3724A adjusting City Council district boundaries to ensure equal representation and, further, authorize publication by summary only. Mr. Jackson seconded. Motion carried 5-2. No—Larsen, Crawford. Ordinance No. 3725, an Ordinance relating to Zoning, amending PMC Title 25 dealing with Nonconforming Uses. MOTION: Mr. Larsen moved to strike the words "previously authorized by building permit" from the Ordinance. There was no second. MOTION: Ms. Francik moved to adopt Ordinance No. 3725, amending the nonconforming provisions of PMC Title 25 and, further, to authorize publication by summary only. Mr. Jackson seconded. Motion carried unanimously. Ordinance No. 3726, an Ordinance of the City of Pasco,Washington amending Section 3.02.010 "Definitions" (regarding Admission Tax) of the Pasco Municipal Code. MOTION: Ms. Francik moved to adopt Ordinance No. 3726, amending Section 3.02.010 "Definitions" (regarding Admission Tax) of the Pasco Municipal Code and, further, to authorize publication by summary only. Mr. Jackson seconded. Motion carried unanimously. Mr. Sven Dailey asked for clarification on the amendment to the Golf Course Lease Agreement. MOTION: Ms. Francik moved to approve Amendment No. 1 to the Golf Course Lease Agreement and, further, to authorize the Mayor to sign the document. Mr. Jackson seconded. Motion carried unanimously. NEW BUSINESS: Special Permit: Location of a 37 foot radio antenna within an existing metering station (MF 05-59-SP): MOTION: Ms. Francik moved to approve the special permit for the location of a radio antenna at the Northwest Pipeline metering station as recommended by the Planning Commission. Mr. Jackson seconded. Motion carried unanimously. Special Permit:Car sales lot in a C-1 zone at the corner of 28th and Sylvester Street (MF#05-56-SP): MOTION: Ms. Francik moved to approve the special permit for the location of a car sales lot on 28th Avenue as recommended by the Planning Commission. Mr. Jackson seconded. Motion carried unanimously. Road 64 Water Line Extension Project No. 05-1-11: MOTION: Ms. Francik moved to award the low bid for the Road 64 Water Line Extension Project No. 05-1-11 to Watts Construction, Inc., in the amount of$100,113.71, including sales tax and, further, authorize the Mayor to sign the contract documents, Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. Resolution No. 2875, a Resolution approving a Drought Management Plan: Council and Staff discussed the details of the Plan. 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 6, 2005 MOTION: Ms. Francik moved to approved Resolution No. 2875 approving a Drought Management Plan. Mr. Jackson seconded. Motion carried unanimously. Resolution No. 2876, a Resolution implementing the National Incident Management System: Council and Staff discussed the details of the Plan. MOTION: Mr. Watkins called for the question. Motion carried by the following Roll Call vote: Yes— Garrison, Francik,Hoffmann, Crawford, Watkins. No—Larsen. MOTION: Ms. Francik moved to approve Resolution No.2876 authorizing the implementation of the National Incident Management System. Mr. Jackson seconded. Motion carried 5-1. No —Larsen. MISCELLANEOUS DISCUSSION: Council directed that Ms. Crawford's Ordinance proposal recommending campaign contribution limits be introduced at the June 13th Workshop Meeting. Mr. Watkins thanked staff for restriping the north portion of Road 68. EXECUTIVE SESSION: Council adjourned to Executive Session at 8:20 p.m. to consider acquisition of real estate, establish sale price or lease amount for real estate and to discuss litigation or potential litigation with legal counsel. Mayor Garrison called the meeting back to order at 8:53 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:53 p.m. APPROVED: ATTEST: Michael L. Garrison, Mayor Webster U. Jackson, City Clerk PASSED and APPROVED this 20th day of June, 2005 I 4 CITY OF PASCO Council Meeting of: June 20, 2005 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We the u rsigned, reby certify under penalty of perjury that the materials have been furnished,the services dere r the lab r performed as described herein and that the claim is a just, due and unpaid obligati aga' st the city d that we are authorized to authenticate and certify to saig claim. Gary i , City ager James W., ase, Finance Manager { We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington, do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer No.s 4354 and 4357 in the amount of$38,421.61, have been authorized;that Check No.s 149142 through 149392 are approved for payment in the amount of$828,943.08,for a combined total of$867,364.69 on this 20th day of June,2005. Councilmember Councilmember SUMMARY OF CLAIMSfWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 918.42 Judicial 11,504.19 Executive 2,747.54 Police 16,521.10 Fire 6,921.78 Administration&Community Services 66,622.05 Community Development 2,046.47 Engineering 50,400.10 Non-Departmental 77,241.15 Library 218.41 TOTAL GENERAL FUND: 235,141.21 STREET 9,301.39 C. D. BLOCK GRANT 4,309.66 KING COMMUNITY CENTER 867.98 AMBULANCE SERVICE 6,558.38 CEMETERY 5,658.88 ATHLETIC PROGRAMS 5,168.05 SENIOR CENTER 2,676.50 MULTI MODAL FACILITY 2,580.55 SPECIAL ASSESSMNT LODGING 13,411.81 LITTER CONTROL 2,066.08 REVOLVING ABATEMENT 741.00 PARKS FUND 0.00 TRAC DEVELOPMENT 0.00 STADIUMICONVENTION CENTER 5,367.55 SUN WILLOWS RESIDENTIAL DEVELOPMENT 3,518.00 METRO DRUG TASK FORCE 2,732.51 METRO DRUG FORFEITURE FUND 449.13 GENERAL CONSTRUCTION 8,438.82 WATER/SEW ER 442,560.01 EQUIPMENT RENTAL-OPERATING 20,140.54 EQUIPMENT RENTAL-REPLACEMENT 481.47 MEDICAUDENTAL INSURANCE 40,128.11 CENTRAL STORES 613.12 PUBLIC FACILITIES DIST 26,618.35 PAYROLL CLEARING 27,835.59 LID CONSTRUCTION 0.00 GRAND TOTAL ALL FUNDS: $ 867,364.69 3(b).1 AGENDA REPORT FOR: City Council DATE: 06/15/2005 TO: Gary Crutcbfie 4nager REGULAR: 06/20/2005 Stan Str A istrative&Community Services Director FROM: Jim.C se, a Manager SUBJECT: BAD DEB RITE-OFF'S/COLLECTION. I. REFERENCE(S): Write-off and collection lists are on file in the Finance Department. II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve bad debt write-offs for utility billing, ambulance,code enforcement and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of $176,177.31, and, of that amount, authorize $126,298.16 be tamed over for collection. III. HISTORY AND FACTS BRIEF: 1. UTILITY BILLING -These are all inactive accounts, 60 days or older. Direct write-offs are under $10 with no current forwarding address, or are accounts in"occupant" status. Accounts submitted for collection exceed$10.00. 2. AMBULANCE -These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write off s including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE-These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 4. C_ODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. Amount Direct Referred to Total Write-offs Collection Write-offs Utility Billing $ 187.86 .00 187.86 Ambulance $ 49,691.29 13,491.51 63,182.80 Court A/R $ .00 103,141.00 103,141.00 Liens $ .00 9,665.65 9,665.65 TOTAL: $ 49,879.15 126,298.16 176,177.31 IV, ADMINISTRATIVE ROUTING: cc: Dot French,Municipal Court Clerk 3(b).2 AGENDA REPORT FOR: City Council June 9, 2005 TO: Gary Crutchfi Manager Workshop Mtg.: 6/13105 FROM: Gregory L. Gar ia, Fire Chief Regular Mtg.: 6/20/05 SUBJECT: Interlocal Cooperation Agreement for Ambulance Services—Franklin County Fire District#2 I. REFERENCE(S): 1. Interlocal Agreement H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/13: Discussion 6/21: MOTION: I move to approve the Interlocal Agreement with Franklin County Fire District #2 to provide "Intercept" paramedic services and, further, authorize the Mayor to sign the Agreement. III. FISCAL IMPACT: Approximately$3,600 annual revenue IV. HISTORY AND FACTS BRIEF: A) The Pasco Fire Department has provided Intercept services to Franklin County Fire District #2 since the American Ambulance Company stopped responding to their area in 1999. In accordance with the Washington State Trauma Plan, the Pasco Fire Department is required to rendezvous with any non-paramedic ambulance that has a patient on board that requires paramedic care. The reason the Pasco Fire Department is required to rendezvous with other ambulances is that this department is the only paramedic trauma verified agency in Franklin County. The Fire District is an all-volunteer Emergency Medical Technician (EMT) ambulance service for the entire Fire District. B) The City has not been billing the District per response because we have not had an agreement in place for Intercept paramedic services. The District's ambulance rate is two hundred fifty ($250) dollars per response. V. DISCUSSION: A) The department had four rendezvous with the District last year. Each year the cost for paramedic services keeps increasing and responses to agencies outside of the City has also been increasing. B) The Fire district was concerned that the City could not charge for paramedic services and was cooperative in agreeing to the intercept concept. C) The Interlocal agreement allows the City to bill the patient directly at the City's ambulance rates and to collect the District's ambulance fees. In turn the City will pay the District's two hundred-fifty dollars ambulance charge directly to the District. The agreement also calls for the District to pay the City $50.00 per response for administrative fees. D) The agreement enables the District to waive their fees on a case to case basis and the City retains the right to collect the ambulance fees. E) Staff is recommending the City Council approve the agreement and authorize the Mayor to sign it. City Manager Comment: Pasco's ambulance service is supported financially by a "fee for service" billing system. Unfortunately, annual service fee income falls substantially short of the expenses incurred to provide the service (the city's general fund provides at least $400,000 to subsidize the ambulance service annually). Given the substantial subsidy by Pasco taxpayers to have the service available when they need it, it is only fair and appropriate to charge non-residents for their use (particularly if it is via another'emergency service agency which elects not to provide the service within its jurisdiction). are) l WHEN RECORDED RETURN TO: CITY OF PASCO,WASHINGTON Fire Department 525 North 3r' Pasco WA 99301 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITY OF PASCO AND FRANKLIN COUNTY FIRE PROTECTION DISTRICT NO. 2 THIS AGREEMENT is made and entered into this day of f-ebrau y 2005, between the City of Pasco, Washington, a Washington Municipal Cooperation, hereinafter referred to as "City', and Franklin County Fire Protection District No. 2, a Municipal Corporation, hereinafter referred to as "Fire District." WHEREAS, the City operates an emergency ambulance service and has responded to aid the Fire District with its emergency ambulance service in the past; and WHEREAS, the Fire District is desirous of continuing the City's emergency ambulance response when requested. NOW, THEREFORE, in consideration of the covenants and promises set forth herein and for other valuable consideration, the parties agree as follows: SECTION I PURPOSE The City shall assist the Fire District ambulance services by transporting Fire District's patients from Fire District's ambulances at or near the City's limits to medical facilities located within the City of Pasco, Washington. SECTION H LEVEL OF SERVICES A. Upon the request of the Fire District for emergency ambulance services, the City will provide, to the extent available, an ALS unit to meet the Fire District's ambulance at or as near to the City's limits as possible. This service shall be known as "Intercept Emergency Ambulance Service." Interlocal Cooperative Agreement Between City of Pasco/Franklin County Fire Protection District No. 2-1 B: Any call for assistance by any officer, employer or agent of the Fire Distract through the Franklin County Emergency Dispatch Center for the deployment of City emergency medical services, shall be an authorized call for assistance under the terms of this Agreement. SECTION III FUNDING Consideration for rendering of emergency medical ambulance services, shall be as follows: A. The City shall directly bill all patients receiving intercept emergency ambulance services in an amount equal to 150 percent of the established transport rates and fees for such services as established by the City's current fee schedule Resolution and as subsequently amended. B. The Fire District shall pay to the City the sum of Fifty Dollars ($50.00) per response during the term of this Agreement for the payment of expenses for billing, collections and remitting the District's fees for service. C. The Fire District may also assess a fee of Two Hundred and Fifty Dollars ($250.00)for its services in such an amount as may be determined by the Fire District, which fee may be waived by the Fire District on a case-by-case basis. The assessed Fire District fee shall be billed together with the City billing provided in Section A above. D. Upon collection, all sums received shall be first applied for the payment of the City ambulance service fees provided in Section A above, and the balance shall be applied to the Fire District's fee provided in Section C above and paid to the Fire District on a quarterly basis. SECTION IV TERM OF AGREEMENT The initial term of this Agreement shall commence on the 1 st day of February, 2005, and terminated when either party gives a ninety (90) days advanced written notice of its intent not to renew. SECTION V INDEMNIFICATION The City and the Fire District shall defend, indemnify and hold each other harmless from any claims, damages, causes of action, or judgments arising from, or as a direct result of the negligent or intentional acts of its respective agents, employees, or officers. Except as provided above, the Fire District shall, pursuant to RCW 38.52.080, defend, Interlocal Cooperative Agreement Between City of Pasco/Franklin County Fire Protection District No.2-2 indemnify and hold the City harmless from any loss or damage sustained as a result of its participation in this Agreement. SECTION VI INTERLOCAL COOPERATIVE ACT PROVISION All vehicles, equipment, inventory and any improvements thereto shall remain the sole property of the City. All personnel utilized by the City in the fulfillment of this Agreement shall be solely within the supervision, direction and control of the City and shall not be construed as "loan servants" or employees of the Fire District. Except for the payment required by Section III above, all funding; incident to the fulfillment of this Interlocal Cooperative Agreement, shall be the sole responsibility of the City and no special budget or funds are anticipated or shall be created. It is not the intention that a separate legal entity be established to conduct the cooperative undertaking nor is the acquiring, holding, or disposing of real or personal property anticipated. The City Fire Chief shall be designated as the Administrator of this Interlocal Cooperative Agreement. SECTION VII ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated by reference are attached. No other understanding, verbal or otherwise, in regards to the subject matter of this Agreement, shall be deemed to exist. Any modifications to this Agreement shall be in writing and signed by both parties to be effective. SECTION VIII APPLICABLE LAW This Agreement is governed, construed and enforced in accordance with the substantive laws of the State of Washington. Should any dispute arise concerning the enforcement, breach, or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, and the prevailing party shall be entitled to its reasonable attorney fees and costs as additional judgment. SECTION IX AUTHORITY FOR EXECUTION Fire District warrants and represents that its representatives, whose signatures are below, possess all required authority to sign this Agreement and such powers have not, as of the date of this Agreement, been revoked or revised. IN WITNESS WHEREOF, the parties have executed this Agreement by the duly Interlocal Cooperative Agreement Between P g'' City of Pasco/Franklin County Fire Protection District No. 2-3 authorized officers on the day and year first written above. CITY OF PASCO: FRANKLIN COUNTY FIRE PROTECTION DISTRICT NO. 2 -1-4 Michael L. Garrison j-yyh Blair Mayor Chairman STATE OF WASHINGTON ) ss. County of Franklin ) On. this day personally appeared before me MICHAEL L. GARRISON, Mayor of the City of Pasco, to be 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 act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 2005. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: STATE OF WASHINGTON ) : ss. County of Franklin ) On this day personally appeared before me LYNN BLAIR , Chairman of the Franklin County Fire Protection District No. 2, to be 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 vo act and deed for the uses and purposes therein mentioned. 2VNKEq �JI„ er y hand and official seal this a` day of , 2005. O Qom. O�Pft Y Z ' l PU$ ti ? NOTARY PUBLI=andfo Stat e of Washington S'j• MARCH�'�Z`� Residing at: ATE OF VyP My Commission Expires: I Interlocal Cooperative Agreement Between City of Pasco/Franklin County Fire Protection District No.2-4 AGENDA REPORT NO. 42 FOR: City Council Date: June 9, 2005 TO: Gary Crutchfi Manager Workshop: 6/ 13/05 FROM: Richard J. Smi h, Director A� Regular: 6/20/05 Community & Economic Development SUBJECT: Contract for Services Automation of Permitting System I. REFERENCE(S): A. Draft Contract with CRW Associates II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/13/05: DISCUSSION 6/20/05 MOTION: I move to approve the Agreement with CRW Associates for the installation and use of permits, planning and code enforcement software in an amount not to exceed $144,000 plus $12,000 for travel expenses and authorize the City Manager to sign the agreement III. FISCAL IMPACT A. $144,000 plus $12,000 for consultant's travel costs. Annual maintenance cost $12,000. I IV. HISTORY AND FACTS BRIEF: A. At the May 9, 2005 Workshop, the City Council discussed consultant assistance to develop an automated system which will allow City staff to track activity on all parcels from their creation at subdivision, through building, permits, renovation permits, issuance of special permits, licenses and variances through demolition of structures. B. Such a system would be a useful tracking system for Planning (zoning classifications, variances, special permits, etc.), Engineering (right-of-way permits, water/sewer applications), Building Inspections (plan reviews, inspections), Code Enforcement (rental licensing, code violations), Administrative Services (business licenses). C. Staff evaluated several systems and came to the conclusion that the "Trakit System," by CRW Associates of California, had the most potential to meet our needs. V. DISCUSSION: A. A draft contract with CRW Associates has been prepared for Council review and discussion. Parts of note are as follows: 1) CRW shall install the software and provide City staff with hands-on training. 3(f) 2) CRW shall provide services necessary to convert the existing database to the CRW system format. 3) The cost of the service is $144,000 plus $12,000 for travel expense. There is also an annual license fee of$12,000. 4) Payment is to be in five installments which coincide with satisfactory completion of the steps in the process. 5) Work would begin upon issuance of notice to proceed. A timetable for completion will be established at the kickoff meeting. All work is expected to be completed within 90-120 days 6) Staff recommends the contract be approved. .4j'J"YI Associates AGREEMENT FOR THE INSTALLATION AND USE OF PERMIT,PLANNING,AND CODE ENFORCEMENT SOFTWARE This Agreement is entered into this day of ,by and between City of Pasco, Washington,(hereinafter"CLIENT")and CRW ASSOCIATES,a d.b.a.of CRW Systems,Inc.,(hereafter"CRW")for the installation of a permit and code enforcement software,and other services,as specifically provided herein(hereafter referred to as"the Project"). IN CONSIDERATION of the covenants as set forth in this Agreement,CLIENT and CRW agree as follows: A. SCOPE OF SERVICES/SCOPE OF WORK A.1. PROJECT DESCRIPTION: The Project is more specifically defined as follows:Installation of an automated permit management,project tracking,code enforcement,and/or business license tracking software system,and related subsystems. A.2. AGREEMENT CON'T'ENTS: This Agreement includes the following Exhibits: Exhibit A.Project.Scope of Work. Exhibit B.Project Milestone.and Payment Schedule. Exhibit C.Project Cost Summary. Exhibit D.Software License Exhibit E. System Acceptance Testing Exhibit F. Software Escrow Agreement A.3. COMMENCEMENT DATE/SCOPE OF WORK: A.2.1. The commencement date for the services to be provided by CRW shall be the date upon which CRW is in receipt-of all of the following: (a)a fully executed original of this Agreement,(b) written notice to proceed provided by CLIENT.CRW shall not be obligated to perform any work pursuant to the Project,including labor or materials,prior to the commencement date as defined herein. A.2.2. A Scope of Work,with itemized pricing of various items associated with the Project is attached hereto as Exhibits A,B and C,and incorporated herein by this reference.Subject to CLIENT'S duties and responsibilities provided in Section C below,the time periods set forth in Exhibits A and B shall be adhered to. The time periods indicated are provided as a general understanding of the estimated time period in which various Project items will be completed.It is not intended to impose strict deadlines for completion of all or any part of the work. A.2.3. The time schedule provided in Exhibit B,Project Milestone,is based in large part on the assumption that CLIENT will provide all necessary information to CRW in a timely manner in accordance with Section C of this Agreement. B. DUTIES AND OBLIGATIONS OF CRW B.1. SCOPE OF WORK: B.1.1 After the commencement date,CRW shall perform the following services: Page 1 of 25 (1) Install Permit Management,Code Enforcement,Business License Tracking, and Project Tracking software. (2) Provide data conversion of CLIENT'S existing data and incorporate data into CRW system. (3) Provide hands-on,Administrator Training, as specifically provided herein. (4) Provide on-site,hands-on,User Training, as specifically provided herein. (5) Provide remote access support during Annual Maintenance period. CLIENT to provide local workstation with remote connection and appropriate remote access software. B.1.2. CRW shall install software and provide all services in a workmanlike manner in accordance with the Scope of Work,subject to the terms and conditions as stated in the Agreement. Any additional services must be evidenced by a written modification of this Agreement,or change request pursuant to Section C of the Agreement. Services to be provided do not include hardware. B.2. IMPLEMENTATION: CRW shall perform implementation services including setup of permit/project/case types,fee formulas, valuation schedules, using data provided by CLIENT to CRW.CRW shall provide custom report development for up to three(3)custom reports and up to three(3)custom forms as designed by CLIENT. B.3. DATA CONVERSION: CRW shall provide database conversion services necessary to convert the CLIENT's existing permit database to CRW system format. The source information for data conversion shall be limited to ASCII,Access or dBase- formatted data provided by CLIENT to CRW within 30 days of project commencement date. B.4. ADMINISTRATOR TRAINING: CRW shall provide training for designated System Administrators. The training will be conducted at a location to be determined by CRW.Registration for one(1)CLIENT staff are included in Exhibit C,Cost Summary. B.5. USER TRAINING: CRW shall provide training as further defined herein for Permit Trak,Code Trak,Business Trak, and Project Trak software. Training will be conducted at CLIENT offices. B.6. MAINTENANCE AND SUPPORT: CRW shall provide the following maintenance and support services to CLIENT during the twelve(12)month time period following payment of Annual Maintenance and Technical Support fees. Annual Maintenance and Technical Support fees are waived for the first twelve(12)month period following System Acceptance of software,as defined in Exhibit E. B.6.1.Trakit software modifications to correct bugs or errors that are reported to CRW by CLIENT. B.6.2.Trakit software updates that are posted from time to time by CRW on web site (www.erwassoc.com/support).Updates may be downloaded and installed by CLIENT onto CLIENT's network. B.6.3.Technical support via telephone.CRW reserves the right to restrict phone access to CLIENT-designated System Administrators.Toll-free phone access is provided by CRW (888-279-2043). B.6.4.Technical support via web form on CRW web site(www.crwassoc.com/support). Page 2 of 25 B.6.5. Trakit Software enhancement requests may be submitted by CLIENT to CRW. Enhancement requests will be reviewed by CRW and may be incorporated into future releases.CLIENT understands that submittal of enhancement request does not obligate CRW to provide software modification. 13.6.6.CLIENT may register for and enroll in CRW training classes for System Administrators or Users. Registration fees may vary from time to time.Registration for two(2)CLIENT staff are included in Exhibit C Cost Summary. B.7. NOT RESPONSIBLE FOR DAMAGES DUE TO UNFORESEEN DELAYS: Neither CLIENT nor CRW shall be responsible for any damages resulting from delays outside of its reasonable control,including,but not limited to,(a)failure of CLIENT to furnish timely information;(b)failure of CLIENT to approve or disapprove of CRW's work, and/or(c)strikes,lockouts,accidents,or acts of GOD. C. DUTIES AND RESPONSIBILITIES OF CLIENT: C.I. INFORMATION TO BE PROVIDED BY CLIENT: C.1.1. CLIENT will provide all information necessary for CRW to establish the permit software control files, including but not limited to: I. Current valuation and fee structures 2. Current Permit,Project,License,and Case types designations and categories 3. Examples of all current reports used by the CLIENT relating to permit management. 4. Any exceptions to the typical permit process,or any special permit processing requirements. C.L2. The CLIENT will provide CRW with access to CLIENT workstations and disk space for installation of the software. C.1.3. The CLIENT will ensure and provide that staff who will be trained in the use of CRW software will have sufficient basic knowledge of permit processing and MS-Windows functions. C.2. CLIENT COOPERATION: C.2.1. CLIENT understands that timely completion of the Project is dependent in significant part upon the timely cooperation of CLIENT in providing information to CRW necessary to complete the project, including, but not limited to: (a)Data obtained from CLIENT'S present system to be incorporated into the new CRW system;and(b) information relative to desired permit forms to be incorporated into the CRW system. D. COMPENSATION D.1. CRW COMPENSATION AND FEES: CLIENT agrees to compensate CRW for professional services rendered under this Agreement for the total contract price of $156,000(One Hundred Fifty-Six Thousand Dollars),which amount shalt include all labor, materials,taxes,insurance,travel costs and related out-of-pocket expenses,and all other costs associated with the Project.Travel costs for City staff are not included in this contract. Total Contract Price does not include any changes to the work as may be requested by CLIENT and incorporated into the project pursuant to a written request by CLIENT as provided in section E of this Agreement. Page 3 of 25 D.2. TERMS OF COMPENSATION CRW will submit invoices for work performed according to the payment schedule shown in Exhibit C,Cost Summary.CLIENT agrees to notify CRW of any disputed invoice within ten (10)business days of receipt of such invoice. Failure of CLIENT to pay undisputed invoices within 30 days of receipt will subject CLIENT to a late payment fee computed at a periodic rate of 1.0%per month of the amount past due,representing an annual percentage rate of 12%, which late fee shall be applied to any unpaid balance. E. CHANGES AND ADDITIONS TO THE WORK EA REQUIREMENT OF WRITTEN CHANGE ORDERS: CLIENT may request CRW to perform additional services not covered by the specific Scope of Work as set forth in Exhibit A of this Agreement. Any such requests shall be submitted in writing,and shall be signed by the Client Representative,as identified in I1.1 of this Agreement, and an authorized representative of CRW. Such signed requests shall include(a) a description of the additional services to be performed,and (b)the agreed upon price for such services. Any such requests signed by the Client Representative,or other authorized agent of CLIENT, shall be deemed authorized by CLIENT and shall bind CLIENT to its terms. E.2. PAYMENT FOR ADDITIONAL WORK: Any such additional work performed by CRW shall be added to the,contract price and billed in accordance with the Cost Summary as outlined in Exhibit C of this Agreement. CRW will not commence any additional services for the CLIENT until written authorization has been given by CLIENT and approved by CRW,as provided above. F. INDEMNIFICATION AND INSURANCE F.1. INDEMNIFICATION: F.1.1. CRW shalt indemnify,defend and hold harmless CLIENT from and against any claims,based upon infringement of any United States copyright trademark or patent by the Software. CLIENT agrees to notify CRW of any such claim promptly in writing.CLIENT agrees to cooperate fully with CRW during such proceedings. CRW shall defend at its sole expense all proceedings arising out of the foregoing. In the event of such infringement,CRW may replace, in whole or in part,Software with a substantially compatible and functionally equivalent computer program or modify Software to avoid the infringement. F.2. INSURANCE: CRW, shall at CRW's own expense, purchase, maintain and keep in force during the term of this Agreement (unless otherwise stated below) such insurance as set forth below. All insurance policies provided under this Agreement shall be written on an "occurrence" basis. The insurance requirements shall remain in effect throughout the term of this Agreement. F.2.1. Worker's Compensation as required by law,Employers Liability Insurance of not less than$100,000.00 00 for each accident,$100,000.00 disease-each employee,$500,000.00 disease-policy limit. F.2.2. Commercial General Liability Insurance-$1,000,000.00 Limit F.2.3. Professional Liability Insurance-$500,000.00 Limit.Professional Liability insurance will be in force for twelve(12)months from commencement date.Professional Liability insurance shall apply to services performed by CRW staff only. Professional Liability insurance shall not apply to third-party services or services of subcontractors. Page 4 of 25 F.2.4. All policies are to be written through companies duly approved to transact that class of insurance in the State of Washington. F.2.5. Insurance is to be placed with carriers with a Best rating of A:VII or better. F.2.6_ CRW hereby waives subrogation rights for loss or damage to the extent same are covered by insurance. Insurers shall have no right of recovery or subrogation against CLIENT,it being the intention that the insurance policies shall protect all parties to the Contract and be primary coverage for all losses covered by the policies F.3. PROOF OF INSURANCE Within 30 days of the commencement date CRW shall deliver to CLIENT a Certificate of Insurance for Items F.2 above as proof that said insurance will remain in full force throughout the term of this Agreement. CLIENT,its officers and agents, shall be endorsed as an additional insured under CRW's General Liability Insurance. CRW will not modify or cancel its General Liability Insurance without written notification and approval from the CLIENT. G. TERMINATION GA. TERMINATION OF AGREEMENT G.I.I. This Agreement maybe terminated by CLIENT at anytime, with or without cause,upon written notice to CRW. Notwithstanding the date of such notice,termination shall be effective upon receipt by CRW of such notice of termination. In the event of termination by CLIENT,CLIENT shall pay CRW for all services and materials provided to CLIENT pursuant to this Agreement up to and including the date of receipt by CRW of notice of termination. G.1.2. In the event CLIENT terminates this Agreement,the CLIENT agrees to immediately return all source code or other materials provided to CLIENT by CRW,and to destroy,erase,and purge all software provided by CRW from any and all CLIENT computers. G.1.3. Within 30 days of termination CLIENT agrees to provide CRW with written confirmation that all CRW software has been destroyed. Within its sole discretion, and upon reasonable notice to CLIENT,CRW shall have the right to verify that CRW software has in fact been removed or destroyed by personal inspection of CLIENT computers. G.1.4. Any use by CLIENT of any CRW software after termination of this agreement by CLIENT without the express written authorization of CRW shall be a breach of this agreement and subject CLIENT to substantial damages. H. OWNERSHIP OF DOCUMENTS HJ. OWNERSHIP OF DOCUMENTS H.1.1. All plans,specifications,reports,and other design documents prepared by CRW pursuant to this Agreement shall become property of CLIENT only after completion of the Project. H.1.2. All source code for computer programs or modifications to programs,which are produced pursuant to this Agreement shall be deemed,and remain,the intellectual property of CRW and are protected under the Page 5 of 25 copyright,patent,or other laws, of the United States as well as other jurisdictions where such programs are being used. H.1.3. CLIENT agrees to respect CRW's purported ownership of any such proprietary rights which may exist, including patent,copyright,trade secret,trademark and other proprietary rights, in and to Software and any corrections,bug fixes,enhancements, updates or other modifications,including custom modifications,to Software, whether made by CRW or any third party. Under no circumstances shall CLIENT sell, license, publish,display,distribute or otherwise transfer to a third party Software or any copy thereof,in whole or in part, without CRW's prior written consent. H.2. SOURCE CODE ESCROW H.2.1. CRW shall maintain a software escrow account, as described in Exhibit F. A copy of the latest source code for the software being installed by CRW pursuant to this Agreement shall be deposited in this escrow account. H.2.2. CRW will pay the entire cost of this source code escrow account. H.2.3. CLIENT will be registered as a Registered Beneficiary of the Software Escrow Agreement,as defined in Exhibit F. I. COMMUNICATION THROUGH CLIENT/CRW DESIGNATED REPRESENTATIVES: All communication relating to project status shall be exchanged between a designated representative of the CLIENT and a designated representative of CRW as identified below. I.I. DESIGNATED CONTRACT REPRESENTATIVES: 1.1.1. The designated representative of CLIENT and CRW Associates is as follows: CLIENT CRW City of Pasco,Washington rd Ave Christopher R.Wuerz,P.E. 525 N 3rd President,CRW Systems,Inc., Pasco, rd d.b.a. CRW Associates Phone: (504)545-3419 16980 Via Tazon,Suite 320 Fax: (509)543-5758 Diego,CA 92127 email: wordenm @ci.pasco.wa.us San Dieg Phone: (858)451-3030 Facsimile: (858)451-3870 email: chris @crwassoc.com 1.1.2. If the designated representative or address of either party changes during the term of this Agreement,a written notice shall be given to the other party prior to the effective date of change. I.2 DESIGNATED SYSTEM ADMINISTRATOR: 1.2.1. The CLIENT Representative shall identify and designate System Administrators. All communication related to day-to-day operations of the system, including system maintenance, systems problems and/or troubleshooting,shall be made to CRW only through either the designated representative of CLIENT as identified in I.1.1 above,or the System Administrators as identified below. I.2.2. The System Administrators shall participate in all training sessions conducted by CRW as required by this Agreement,and shall become fully knowledgeable and competent to use all aspects of the system software. It is highly recommended that the designated System Administrators be someone with experience and Page 6 of 25 competence with personal computers and with the business processes of the Community Development Department. I.2.3. The System Administrator for CLIENT is designated as follows: Name: TBD J. MISCELLANEOUS GENERAL PROVISIONS J.1. LICENSES CRW shall obtain and maintain all business licenses as may be required by law. J.2. STATUS OF CRW AS CONSULTANT Throughout the term of this Agreement,CRW, its employees, subcontractors,consultants,and agents shall be considered as an independent contractor(s). Nothing in this Agreement shall be interpreted to imply an employee-employer relationship between CLIENT and CRW. J.3. MEDIATION OF DISPUTES: Prior to the commencement of any litigation arising out of this Agreement,both CRW and CLIENT agree to participate in good faith in non-binding mediation of any dispute or claim, which remains unresolved after informal discussions. Both CRW and CLIENT shall negotiate in good faith to select a qualified mediator. J.4. ATTORNEY'S FEES: In the event that any legal proceeding is instituted by either CRW or CLIENT to enforce the terms of this Agreement or to determine the rights of CRW or CLIENT,the prevailing party in said legal proceeding shall be entitled to recover its reasonable costs and attorney's fees. J.5. APPLICABLE LAW: This Agreement,its interpretation and all work performed thereunder shall be governed by the laws of the State of Washington. Venue for the enforcement of this agreement shall lie exclusively in Franklin County, Washington. All claims,disputes, and other matters in question arising out of,or relating to,this agreement or the breach thereof shall be resolved in the Superior Court of Franklin County,Washington, and all parties hereto specifically waive any"venue privilege"they may have in any other jurisdiction. J.6. BINDING ON SUCCESSORS: All the terms, provisions and conditions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors,assigns and legal representatives. J.7. DUE AUTHORITY: CLIENT represents and warrants that the person executing this Agreement on behalf of CLIENT is an agent of CLIENT and has full and complete authority to execute this Agreement and enter into the terms and covenants provided herein,and has been designated by CLIENT to execute this Agreement on behalf of CLIENT. CRW represents and warrants that the person executing this Agreement on behalf of CRW is an agent of CRW and has full and complete authority to execute this Agreement and enter into the terms and covenants provided herein,and has been designated by CRW to execute this Agreement on behalf of CRW. Page 7 of 25 J.$. WARRANTY OF TITLE CRW warrants that it has good title and all proprietary rights to the Software to enable it to license its use to CLIENT free of any proprietary rights of any other party or any other encumbrance. J.9 SERVICES WARRANTY CRW warrants that the services provided hereunder shall be executed in a correct and competent manner consistent with the professional standards of the industry. Any error or defect in the services provided hereunder shall be corrected by CRW at no additional cost to the CLIENT. J.10. ENTIRE AGREEMENT This Agreement contains the entire understanding and agreement between CRW and CLIENT. Any prior agreements,promises,proposals,negotiations or representations—oral or written—not expressly set forth herein shall be of no force or effect. In the event of a conflict between the terms and conditions of this Agreement and any document incorporated by reference, the terms and conditions of this Agreement shall prevail. This Agreement may be modified or amended only by written agreement signed by both CRW and the CLIENT. J.12. AGREEMENT AS OFFER This Agreement shall be valid only if it is signed by both CLIENT and CRW,and a signed original has been received by both parties on or before June 30,2005, CLIENT CRW SYSTEMS,INC. City of Pasco,WA dba. CRW ASSOCIATES San Diego,California Dated: Dated: By: By: Christopher R. Wuerz,President President,CRW Systems,Inc. Dated: d.b.a.CRW Associates By Page 8 of 25 EXHIBIT A PROTECT SCOPE OF WORK Upon receipt of a written Notice to Proceed from CLIENT,CRW shall perform the following services: A.On-Site attendance and participation in project meetings. Meetings: Project kick-off meeting;software installation;database installation;project implementation meetings. B.Deliver computer software(TRAKIT)and database structures for SQL/Server database. Deliverable: CD containing computer software;installation instructions;services to install software on CLIENT network and up to three workstations;services to train CLIENT IT staff for installation of remaining CLIENT workstations;services to install SQL/Server database and tables. C.Provide data conversion services. Deliverable:CD and electronic transfer(via FTP or email) of converted database;services to develop conversion software for translation; services to perform data conversion; services to install converted data;services to investigate and correct any errors uncovered during conversion balancing and/or system testing. Applies to: Permits and Inspections;Project applications;Code Enforcement;Business Licenses. CLIENT will provide to CRW all tables and files that are necessary for historical data conversion.CLIENT agrees to provide all necessary files and data to CRW within thirty(30)days of project commencement date. D.Provide software training. Deliverable:Provide System Administrator training for one(1)CLIENT staff during scheduled training at CRW office. Deliverable:Conduct eight(8) days of on-site,hands-on End User training at CLIENT office. Class size is limited to eight(8)students per day, Classes shall be conducted on two (2) separate weeks,each consisting of four(4)days of instruction. CRW to provide workstations(laptops) and networked server for all on-site classes. CLIENT to provide classroom space at CLIENT facilities. E.Provide Project Implementation services. Deliverable: Develop up to three(3)custom forms,and up to three(3)custom reports,as directed by CLIENT staff,provide standard(ICBO/BOCA/SBCCI or other) Valuation tables,develop custom valuations and fee formulas as directed by CLIENT staff,using information provided by CLIENT. Deliverable: Installation of permit forms,fee tables and valuations tables in TrakIt database. Deliverable: Data import specification(using standard TrakIt import function)for monthly updates of assessor records. CLIENT to provide information regarding fee formulas,usage,permit and business license forms. CLIENT agrees to provide all necessary custom report and custom form definitions to CRW within thirty(30) days of project commencement date. Page 9 of 25 F.Provide eTrakIt modules for web-based permit processing. Deliverable: ASP and HTML pages(source code) to provide the following functions: 1. User/password logon. 2. User logon verification. 3. Permit lookup(by Permit Number,Site address,APN,Owner name) 4. Permit status information. 5. New Inspection request. 6. New Permit application. 7. Inspection result posting(CRW to work with CLIENT to design and develop appropriate ASP/HTML web screens for real-time posting of inspection results) G.Provide Mobile Trak module for field-ready interface. Deliverable:TrakIt module for interface to either field-ready laptop/tabletPC. H.Provide Twelve(12)months technical support and software updates/upgrades. Applies to: Traklt software.Time period for no-charge technical support to begin upon completion of System Acceptance,as defined in Exhibit E. Page 10 of 25 EXHIBIT B PROJECT MILESTONE AND PAYMENT SCHEDULE Task Item: Projected Target Date 1. Contract Execution and Notice to Proceed June 2005 2.Project kick-off meeting.CRW reviews project timetable and training schedule with CLIENT. CRW and CLIENT mutually adjusts schedule as necessary. CRW June 2005 installs standard software with demonstration database for initial testing by CLIENT. 3.First Payment Due. 20%of total Phase 1 contract=$ 31,200 June 2005 4. Initial Configuration and Data Conversion. CRW delivers initial,preliminary Date to be determined at configuration of system based on system requirements provided by CLIENT. CRW kick-off meeting delivers initial, preliminary data conversion for CLIENT to begin review. Subsequent deliveries of configuration and data conversion will continue as necessary during the remainder of the project implementation. 5. System Administrator Training. CRW trains CLIENT staff. One (1) Date to be determined at registration is provided in this Agreement kick-off meeting 6. Second Payment Due.20%of total contract= $31,200 Date to be determined at kick-off meeting 7. System Acceptance testing begins. CLIENT begins System Acceptance Date to be determined at Testing. kick-off meeting 8.User Training Weeks 1. Date to be determined at kick-off meeting 9. Third Payment Due.20%of total contract=$ 31,200 Date to be determined at kick-off meeting 10. System Acceptance testing ends. CLIENT completes System Acceptance Date to be determined at Testing. kick-off meeting 11.User Training Weeks 2 Date to be determined at kick-off meetintr 12. Fourth Payment Due. 20%of total contract= $ 31,200 Date to be determined at kick-off meeting 13.Go-Live support.CRW assists CLIENT in cut-over to live operation. Date to be determined at Page 1 I of 25 kick-off meeting 14. Final Payment Due.20% of total contract= $31,200 45 Days after the completion of item 13 above. Target dates on this schedule are intended to reflect projected completion dates for the respective milestone,not contractual date deadlines. Page 12 of 25 EXHIBIT C PROTECT COST SUMMARY 1. Application Module Name: Traklt Includes: PermitTrak,CodeTrak,BusinessTrak,ProjectTrak, CRM,LandTrak,AECTrak, and Reports 2. Software Costs: Fifteen(15)Concurrent Users—End Users &Adyninistrators..................................................................$50,000 i 3.Installation,Implementation and Project Management Costs.................................$ 35,000 Installation of PerrnitTrak,ProjectTrak,CodeTrak, BusinessTrak&ProjectTrak,CRM Trak,Inspections, LandTrak and Reports modules Implementation of all Trakit Modules Configuration of all Trakit Modules a. Kick-off Meeting ($2,000) b. Project meetings on-site ($ 4,000) c. System Configuration and Setup of basic control tables ($20,000) d. System Installation (Included) e. Software Customization ($6,000) f. Go-Live Support ($3,000) 4. Data Conversion $ 7,500 5. End-User Training 8 days $20,000 6. System Administrator Training(Registration for 1 CLIENT Staff) $ 1,500 7. Report Writing Training(Registration for I CLIENT Staff) included in (6) 8. eTrakit Web-Access License,Installation,and Configuration $15,000 9. MobileTrak License,Wtallation and Configuration $15,000 10. Travel and other expenses for CRW Staff $ 12,000 TOTAL PROJECT COST.......................................................................... $156,000 Page 13 of 25 ANNUAL MAINTENANCE,AND UPGRADE/UPDATE COSTS FOR TRAKIT 1. First 12 months following System Acceptance ............................................. No Cost 2. Second 12 months following System Acceptance......................................... $ 10,000 3. Third 12 months following System Acceptance ............................................ $ 10,000 ANNUAL MAINTENANCE,AND UPGRADE/UPDATE COSTS FOR eTRAKIT 1. First 12 months following System Acceptance ............................................. No Cost I 2. Second 12 months following System Acceptance ......................................... $ 1,000 3. Third 12 months following System Acceptance ............................................ $ 1,000 ANNUAL MAINTENANCE,AND UPGRADE/UPDATE COSTS FOR MobileTrak 1. First 12 months following System Acceptance............................................. No Cost 2, Second 12 months following System Acceptance ......................................... $ 1,000 3. Third 12 months following System Acceptance ............................................ $ 1,000 Page 14 of 25 EXHIBIT D SOFTWARE LICENSE AGREEMENT This perpetual License Agreement for the use of"Community Development Software"(Software)developed and marketed by CRW is granted to CLIENT by CRW as of the date of this Agreement. SUMMARY OF LICENSE TERMS 1. Software is marketed by CRW under the title of"Trak It". 2. Software provided to the CLIENT under this License allows the CLIENT to perpetually use,not own,the software. 3. Software is provided to the CLIENT as a multi-user, concurrent access license. The designated number of concurrent Users/Administrators/Observers for this license is 15. CLIENT is permitted to install Software on any and all workstations owned or controlled by the CLIENT. Software will allow a designated number of concurrent users to access the databases maintained by Software. Users attempting to access the system databases with Software after the designated number of concurrent users is logged on will be prohibited from logging on. 4. This software license shall not be sub-licensed,re-sold,assigned, transferred or otherwise distributed by the CLIENT to any other person, company or organization without the written authorization of CRW. 5. This Software, including any and all modifications, upgrades and bug fixes, is protected by the copyright laws of the United States and international copyright treaties. Unauthorized copying of the Software,including software that has been modified, merged or included with the Software, or the associated written materials (the "Documentation") is expressly forbidden. CLIENT may not remove, obscure, or alter any notice of patent, copyright, trademarks, trade secret or other proprietary rights in the Software. The Title, ownership rights, and intellectual property rights in and to this Software shall remain with CRW. 6. CRW has made reasonable checks of the Software to confirm that it will perform in normal use on compatible equipment substantially as described in the specifications for the Software. However, due to the inherent nature of computer software, neither CRW nor any individuals involved in the development or installation of the Software warrant that the Software or the Documentation is completely error free, will operate without interruption, is compatible with all equipment and software configurations,or will otherwise meet your needs. 7. CRW warrants that it has good title and all proprietary rights to the Software to enable it to license its use to CLIENT free of any proprietary rights of any other party or any other encumbrance. 8. CRW warrants that its Software will perform in the manner described in the Agreement documents including CRW's Response to the CLIENT's RFP, hereby incorporated by reference as if fully contained herein and any other written user documentation for the version installed. 9.This Warranty shall commence upon date of acceptance by CLIENT as defined by Exhibit F attached hereto. 10. Neither CRW nor any of the people or companies involved in providing this license to the CLIENT may be held liable for any incidental or consequential damages caused by failures or faults of the software or its functions. 11. CRW's sole responsibilities with respect to error corrections will be to correct any defects or errors in the Software or its functions,which are brought to the attention of CRW by the CLIENT. 12. This License Agreement will remain in effect until CLIENT returns Software to CRW, or until CLIENT destroys Software. Page 15 of 25 EXHIBIT E SYSTEM ACCEPTANCE TESTING 1.CLIENT shall commence System Acceptance tests upon written notification from CRW that system software and database conversion has been installed and is ready for System Acceptance testing.Testing shall be conducted at CLIENT site,using CLIENT computer hardware.CLIENT staff will conduct all System Acceptance Testing. 2.CLIENT shall be allowed a period of thirty(30)business days for System'Acceptance Testing,beginning from the date of notification as provided in paragraph 1 above,and continuing,and completed,as provided in paragraphs 3 and 4 below. CLIENT shall immediately advise CRW,in writing,of any error,or perceived error,discovered at any time during the testing period. 3.Upon delivery of written notification from CLIENT to CRW of a software system or database conversion error,or other problem,has occurred,CRW shall have ten(10)business days to address and correct such error so as to render the system operable. CRW shall provide written notice to CLIENT that the error has been corrected. During the time period between notification of any error until to such time that CRW advises CLIENT of correction of such error the thirty(30) . day System Acceptance test period shall be suspended. The thirty(30)day System Acceptance test period shall resume upon notice by CRW that the previously noticed errors have been corrected and once the corrections have been made available to the CLIENT. 4.CRW shall provide written notice to CLIENT when the thirty(30)day System Acceptance test period has expired. Thereafter,CLIENT shall have five(5)business days to provide CRW with written notice of any remaining errors or problems. ACCEPTANCE SHALL BE DEEMED TO HAVE OCCURRED AT THE LATEST OF THE FOLLOWING DATES:(a)THE DATE WRITTEN NOTICE IS PROVIDED BY CRW TO CLIENT THAT THE FINAL PROBLEMS IDENTIFIED BY CLIENT PURSUANT TO THIS SECTION HAVE BEEN CORRECTED,OR(b)THE DATE OF NOTICE BY CRW TO CLIENT INDICATING THAT THE ACCEPTANCE TESTING PERIOD HAS EXPIRED. 5.CLIENT may begin using the software for productive use following completion of the System Acceptance tests. "Productive Use"shall include the issuance of any building permits,inspections and/or fee collection from the general public for Phase 1 work."Productive Use'shall include the receipt of any citizen complaint or incident record from the general public for Phase 3 work. b.CLIENT may not begin to use the software for productive use prior to completion of the System Acceptance tests.If CLIENT begins using software for productive use prior to completion of the System Acceptance test,then the system acceptance test will be deemed completed and satisfactory. . Page 16 of 25 EXHIBIT F SOFTWARE ESCROW AGREEMENT Date of Agreement: November 21,2003 Escrow No.5794-MB EscrowTech: EscrowTech International,Inc. Tel.: (801)852-8202 C7 Data Center Building Fax: (801)852-8203 333 South 520 West - Suite 230 Linden,UT 84042 Owner: CRW Systems Inc. (dba CRW Associates) Tel.: (858)451-3030 16980 Via Tazon#320 Fax: (858)451-3870 San Diego,CA 92127 1. Software and Establishment of Escrow. party_ Owner owns, or has the right to license or distribute, the "Software" identified in Exhibit A. By this 5. Encryption and Reproduction. Owner Agreement, Owner establishes an escrow of"Deposit warrants that none of the Deposit Materials will be Materials" (see Exhibit A) for the Software (the encrypted or password protected and that all of the "Escrow"). Deposit Materials will be in a readable and useable form(for purposes of the Permitted Use-see Section 2. Beneficiaries. Each licensee of the 14) and will be readily reproducible by EscrowTech Software who registers under Section 3 shall be a for copying as needed under this Agreement (see, "Beneficiary." e.g., Section 13). Exception: If Deposit Materials are transmitted electronically to EscrowTech via FTP 3. Registration. To register a licensee as a or other electronic transmission method accepted by Beneficiary with EscrowTech: EscrowTech, then such Deposit Materials may be in (a) Owner and the licensee will complete and an encrypted format that is acceptable to EscrowTech execute EscrowTech's then-current Beneficiary and that can be decrypted by EscrowTech and stored in an unencrypted format on physical media (e.g., a Registration Form. CD ROM). It is Owner's responsibility to provide (b) The completed and executed Beneficiary any decryption tools/keys, passwords, and information needed for decryption. It is not Registration Form will be submitted to EscrowTech. EscrowTech's responsibility to discover if any of the (c) EscrowTech will give written notice to Deposit Materials are encrypted or password protected or to provide de-encryption tools/keys, Owner and the licensee of receipt of the Beneficiary passwords or information needed for decryption. Registration Form. 6. Updates. Owner shall update the Escrow 4. Deposit Materials. Owner shall deposit by delivering to EscrowTech Updated Deposit the "Deposit Materials" (including "Updates") into Materials ("Updates") as described in Exhibit A. the Escrow by delivering to EscrowTech the Deposit Updates shall be part of the"Deposit Materials." Materials described in Exhibit A. Owner warrants that it has the right to provide the Deposit Materials 7. Deposit Procedure. Deposit Materials to EscrowTech for the purposes of this Agreement shall be delivered by Owner to EscrowTech in and shall indemnify EscrowTech against, and hold it accordance with EscrowTech's then-current deposit harmless from, any claim to the contrary by a third procedures. Duplicate copies (i.e., two sets) of all Page 17 of 25 Deposit Materials in reliable storage media should be Beneficiary. Owner may designate more than one delivered by Owner, but EscrowTech is not Beneficiary, and in such case each of the designated responsible if Owner fails to comply with this. Beneficiaries will be a designated Beneficiary as described above. The Beneficiary Fee' for each (a) Deposit Inventory Form. Owner will designated Beneficiary will be increased as provided submit with the Deposit Materials a completed in Exhibit B. Deposit Inventory Form. Such Deposit Inventory Form shall be a representation by Owner to each 8. Replacement of Obsolete Deposit Beneficiary and EscrowTech that the Deposit Materials. Owner may identify for EscrowTech any Materials conform to the descriptions and Deposit Materials which become obsolete, outdated identifications in the Deposit Inventory Form. or redupdant and instruct EscrowTech to destroy or return the identified Deposit Materials. Such (b) Confirmation. To confirm receipt of the identification shall be made in writing and must be Deposit Materials,EscrowTech will mail or otherwise consistent with the labeling and identification used by deliver a copy of the Deposit Inventory Form to Owner when the Deposit Materials were delivered to Owner and each Beneficiary. EscrowTech or be otherwise understandable to EscrowTech. The instructions to EscrowTech must (c) Deficiency. If a Beneficiary believes that be accompanied by written permission from each the Deposit Materials, as identified in the Deposit affected Beneficiary for EscrowTech to destroy or Inventory Form, are deficient (e.g., incomplete or return the identified Deposit Materials in accordance inadequate) or if there is some other problem, then with Owner's instructions. The "Deposit Materials" the Beneficiary shall notify Owner and resolve the shall cease to include any destroyed or returned matter with Owner. It is Owner's responsibility to Deposit Materials. deposit all required Deposit Materials. (d) Reproducible. It is Owner's responsibility 9. License Agreement. Owner and each to ensure that the Deposit Materials provided by Beneficiary have entered into one or more agreements Owner (including, without limitation those on any identified in the Beneficiary's Registration Form that electronic media - e.g., CD-ROMs, magnetic tapes, relate to the Software. For that Beneficiary, such etc.)are provided in a reproducible form. agreement(s) is (are) referred to herein as the "License Agreement" This Software Escrow (e) Verification. EscrowTech is not Agreement is "supplementary" to the License responsible for verifying the completeness, accuracy, Agreement within the meaning of Section 365(n) of suitability, state, format, safety,quality,or content of the U.S.Bankruptcy Code(i 1 U.S.C. 365(n)). If this the Deposit Materials. However,at the request of any Agreement and/or the License Agreement are/is Beneficiary or Beneficiaries, EscrowTech may rejected by Owner as a debtor in possession or a conduct technical verifications of Deposit Materials trustee or by any other person or entity under the U.S. for such Beneficiary or Beneficiaries in accordance Bankruptcy Code, then the Beneficiary may elect to with a Technical Verification Addendum to this retain its rights as provided in Section 365(n). The Agreement. The requesting Beneficiary or Parties intend that no bankruptcy or bankruptcy Beneficiaries must pay EscrowTech's then-current proceeding, petition, law or regulation (and no other fees plus expenses for the technical verifications. proceeding, petition, law or regulation of a similar nature in any state or foreign jurisdiction) will (f) Designated Beneficiary Option. If certain impede, delay or prevent the release of Deposit Deposit Materials apply only to one Beneficiary(e.g., Materials to a Beneficiary in accordance with the the Software is customized for a given Beneficiary), provisions of this Agreement, and Owner hereby then Owner has the option of depositing such Deposit conveys and licenses to EscrowTech such rights Materials only for that Beneficiary. In making a (including intellectual property rights) as are given deposit of Deposit Materials, Owner may necessary to allow EscrowTech to lawfully make such designate the Beneficiary in the Deposit Inventory release and.perform this Agreement. This license is Form. Only the designated Beneficiary will have granted as of the date of this Agreement and shall escrow rights (and potentially release rights) with predate any bankruptcy petition subsequent to such respect to these Deposit Materials. Except for this date. restriction, the other terms and conditions of this Agreement shall apply thereto. It is the responsibility 10. Embodiments of Intellectual Property. of Owner to clearly indicate the designated The Parties agree that the Deposit Materials are an Page 18 of 25 "embodiment" of "intellectual property" as those Beneficiary is entitled to a release of only a portion of terms are used in Section 365(n) of the U.S. the Deposit Materials(e.g.,Deposit Materials Bankruptcy Code (11 U.S.C. 365(n)). The tangible corresponding to unlicensed versions-see(f)below), Deposit Materials and any copies thereof made by it is the responsibility of Owner to indicate this in a EscrowTech in accordance with this Agreement are written notice to EscrowTech and to clearly identify owned by EscrowTech, but such ownership does not in such notice the portion of the Deposit Materials include ownership of any copyrights or other that should be released to the Beneficiary and what intellectual property in or to the Deposit Materials. should not be released. This notice must be given promptly and must be received by EscrowTech within 11. Release of Deposit Materials-Request of the above Waiting Period. If the Beneficiary believes Beneficiary. A Beneficiary will be entitled to receive that it is entitled to more than said portion of the the Deposit Materials if the "Release Condition" Deposit Materials,then this dispute shall be resolved described in the applicable Beneficiary Registration in accordance with Section 19. Form occurs. The following release procedure shall apply: (f) Unlicensed Versions. A Beneficiary is not entitled to receive Deposit Materials corresponding to (a) Notice to EscrowTech. The Beneficiary Software versions not licensed or provided by Owner shall give written notice to EscrowTech informing to Beneficiary. [For example,if the Deposit EscrowTech that the Release Condition has occurred, Materials correspond to versions 1.0,2.0,2.1 and 3.0 and shall request EscrowTech in writing to release the of the Software,but only versions 2.0 and 2.1 are Deposit Materials to Beneficiary. licensed to the Beneficiary,then the Beneficiary is only entitled to a release of the Deposit Materials (b) Notice to Owner. EscrowTech shall then corresponding to versions 2.0 and 2.1.1 If applicable, promptly send written notice to Owner of the it is the responsibility of Owner under(e)above to Beneficiary's notice and request for release. Such inform EscrowTech of the specific Deposit Materials notice will be sent by a"next day"or"overnight"or which should not be released to the Beneficiary. In "priority"or"express"delivery service(e.g.,Federal the absence of such information,EscrowTech may Express,UPS,U.S.Express Mail,etc.)or will be release all of the Deposit Materials in the Escrow or delivered personally. all of the Deposit Materials requested by the Beneficiary under(a)above. (c) Release and Waiting Period. Unless there is a timely dispute or objection as provided in Section 12. Release of Deposit Materials - Owner's 11 (d)below,EscrowTech shall release the Deposit Instruction. Upon receipt of notice and instruction Materials to the Beneficiary promptly after expiration from Owner and the receipt of the Release Fee, of the Waiting Period. The"Waiting Period"shall be EscrowTech shall release the Deposit Materials to the two weeks,beginning on the date that the notice is Beneficiary designated in the instruction. sent by EscrowTech to Owner. 13. Copies. Because there are multiple (d) Dispute. If Owner disputes the Beneficiaries under this Escrow,any Deposit Beneficiary's right to the Deposit Materials or Materials released to Beneficiaries under this Agreement may be in the form of copies of the otherwise objects to their release,then Owner must Deposit Materials. EscrowTech may copy the give written notice of such dispute or objection to ;Deposit Materials for the purposes of this Agreement. EscrowTech prior to the conclusion of the Waiting Such copies shall be considered Deposit Materials for Period. If EscrowTech receives such timely notice of the purposes of this Agreement. dispute or objection,EscrowTech will not release the Deposit Materials to the Beneficiary until the dispute 14. Use of Released Deposit Materials. is resolved by Owner and the Beneficiary in Deposit Materials released to a Beneficiary under this accordance with Section 19 or by court order. Such Agreement may only be used by the Beneficiary as resolution will determine whether or not the permitted in its Beneficiary Registration Form Beneficiary is entitled to receive the Deposit ("Permitted Use"). Owner hereby licenses the Materials. EscrowTech has no obligation to Beneficiary to practice the Permitted Use. Although determine whether or not the Beneficiary is entitled to Beneficiary is not entitled to receive any Deposit the Deposit Materials. Materials until after a release under this Agreement, this Permitted Use license is granted as of the date the (e) Partial Release. If Owner believes that the applicable Beneficiary Registration Form is first Page 19 of 25 signed by Beneficiary or Owner and shall predate any Charge(see Exhibit B). bankruptcy petition subsequent to such date. If this Agreement and/or the License Agreement are/is (f) Increases. The fees set forth in Exhibit B rejected by Owner as a debtor in possession or by a are fixed for the first three years of this Agreement. trustee or by any other person or entity under the U.S. Thereafter, fees are subject to reasonable increase by Bankruptcy Code, then the Beneficiary may elect to EscrowTech upon written notice. EscrowTech's then- retain this Permitted Use license as part of the rights current fees shall be payable. it may retain in accordance with Section 365(n)of the U.S. Bankruptcy Code. This shall not negate, (g) Costs. Each Beneficiary shall pay prejudice or limit any other rights which the EscrowTech for reasonable costs incurred by Beneficiary may have. EscrowTech in releasing, copying and delivering the Deposit Materials to the Beneficiary. All other out- 15. Fees. EscrowTech shall receive the of-pocket costs reasonably incurred by EscrowTech following fees and payments: in connection with this Agreement are reimbursable by the applicable Beneficiary and Owner to (a) Annual Fee. Beginning on the date of EscrowTech. Costs are not included in the above fees this Agreement and on each anniversary thereafter and are payable in addition to the above Fees. until termination of the Escrow, Owner shall pay an Annual Fee to EscrowTech in accordance with the 16. Termination of Beneficiary's Fee Schedule (Exhibit B). The Annual Fee is payable Registration. A Beneficiary's registration will at the beginning of the contract year to which it is terminate and the Beneficiary will cease to be a applicable. `Beneficiary" under this Agreement if any of the following occurs: (b) Beneficiary Fees. For each Beneficiary, (a) The Beneficiary gives written notice of the Beneficiary Fee will be paid to EscrowTech in such termination to EscrowTech, accordance with the Fee Schedule (Exhibit B). The Beneficiary Fee is first payable at the time of registration. This entitles the Beneficiary to registration for the remainder of the contract year in (b) The Beneficiary's License Agreement which the Beneficiary Fee is paid. Thereafter and terminates. [If the License Agreement consists of until the Beneficiary ceases to be a"Beneficiary"(see more than one agreement and if less than all such Section 16), the Beneficiary Fee will be paid to agreements terminate,then the License Agreement EscrowTech in advance for each subsequent contract shall consist of the unterminated agreements and the year. "Contract years" are based on the date of this Beneficiary shall continue as a"Beneficiary"under Agreement and anniversaries thereof. this Agreement.] In the event of such termination,the Beneficiary and Owner will give written notice (c) Excess Update Fee. Four Updates to the thereof to EscrowTech. If such notice is given by Escrow per contract year are included at no extra Owner,but not the Beneficiary,then EscrowTech charge. If more than four Updates are made in a may send notice thereof to Beneficiary and if contract year, Owner shall pay the Excess Update Fee EscrowTech does not receive a written objection (see Exhibit B) to EscrowTech for each extra Update. from Beneficiary within three weeks after the date of Any deposits of Deposit Materials for designated EscrowTech's notice,then EscrowTech may Beneficiaries under Section 7(f) shall be deemed terminate the Beneficiary's registration. Updates for the purpose of this Excess Update Fee. (c) The Beneficiary breaches this Agreement (d) Release Fees. Each Beneficiary and does not cure such breach within 30 days of requesting a release of any Deposit Materials under written notice of such breach, and EscrowTech gives Section 11 shall pay the Release Fee (see Exhibit B) notice of termination to the Beneficiary. to EscrowTech. If any Deposit Materials are released to a Beneficiary at the instruction of Owner under (d) The Escrow terminates. Section 12, Owner shall pay the Release Fee to EscrowTech, EscrowTech will have no obligation or liability to the (e) Excess Storage Charges. If the storage Beneficiary after termination of its registration. requirement for the Deposit Materials exceeds two Termination of a Beneficiary's registration shall not cubic feet, then Owner will pay the Excess Storage affect the other Beneficiaries. Page 20 of 25 dispute between any two or more of the Parties 17. Termination of Escrow. Subject to relating,to this Agreement or the Escrow, they shall Section 18, this Escrow may be terminated by either first seek to settle the dispute by mutual agreement. Owner or EscrowTech upon 90 days advance written If they have not reached a settlement within one notice of termination to the other Party and to the week,then any disputing Party may thereafter submit Beneficiaries. Termination will not be effective until the dispute to arbitration, and if so submitted, such the end of the 90 day period (and any extension dispute shall be finally settled by arbitration pursuant to Section 18). If a Release Condition conducted in accordance with the commercial occurs and EscrowTech is given written notice arbitration rules of the American Arbitration thereof under Section 11(a) prior to the date of Association or its successor. The disputing Parties termination, then the Escrow will not terminate shall attempt to mutually agree upon a neutral without the written consent of the affected arbitrator. If the disputing Parties cannot reach such Beneficiaries. Upon termination of the Escrow, the agreement, they shall request the American following shall apply: Arbitration Association or its successor to designate a neutral arbitrator. Any arbitration involving (a) EscrowTech shall either return the Deposit EscrowTech as a party shall be conducted in Salt Materials to Owner or destroy the Deposit Materials, Lake City, Utah. Any arbitration to which whichever Owner requests. If destruction is EscrowTech is not a party shall be conducted in requested,EscrowTech will certify in writing to Owner's city as indicated at the beginning of this Owner that such destruction has occurred. Agreement. This Section does not apply to any dispute between two Beneficiaries that does not (b) EscrowTech shall have no obligation or include EscrowTech or Owner as a party to such liability to Owner or any Beneficiary after dispute. The institution of any arbitration proceeding termination. hereunder shall not relieve any Party of its obligation to make payments under this Agreement. The (c) Termination of the Escrow shall not affect decision by the arbitrator shall be binding and any rights and licenses granted to EscrowTech or a conclusive upon the Parties, their successors, assigns Beneficiary with respect to Deposit Materials and trustees and they shall comply with such decision released to(or which should be released to)the in good faith, and each Party hereby submits itself to Beneficiary because of a Release Condition occurring the jurisdiction of the courts of the place where the prior to the date of termination. arbitration is held, but only for the entry of judgment or for the enforcement of the decision of the arbitrator 18. Establishment of Substitute Escrow. hereunder. Judgment upon the award may be entered During the 90 day period under Section 17, Owner in any court having jurisdiction. shall establish a substitute escrow of the Deposit Materials with a third party escrow agent for the 20. Protection of Deposit Materials. benefit of each Beneficiary. The substitute.escrow EscrowTech shall keep the Deposit Materials must be approved by the Beneficiary, but such delivered to it in secure storage and shall keep the approval will not be unreasonably withheld or contents thereof confidential. If any of the Deposit delayed. If necessary,this matter shall be resolved in Materials are damaged, destroyed or lost by fire,, accordance with Section 19. If more than 90 days is theft,accident,or other mishap or cause,Owner shall needed to establish the substitute escrow and if promptly submit to EscrowTech such Updates or EscrowTech receives written notice from Owner or a replacements as are necessary to replace the Beneficiary of such need prior to the end of such 90 damaged, destroyed or lost Deposit Materials. There days,then the 90 day period under Section 17 shall be shall be no Excess Update Fees charged for such extended as reasonably necessary and the Escrow Updates or replacements. shall not terminate until EscrowTech receives written notice from Owner that the substitute escrow has been 21., Indemnification. In the event that established and approved. Owner has no obligation EscrowTech takes any action or inaction at the to establish a substitute escrow if all License request or demand of Owner or a Beneficiary, then Agreements for all Beneficiaries have terminated or if the Owner or Beneficiary making such request or none of the Beneficiaries request a substitute escrow demand shall indemnify and hold harmless within three weeks after an written inquiry thereof EscrowTech and its directors, officers, employees, from Owner to each Beneficiary. shareholders, and representatives from and against any and all liabilities, claims, judgments, damages, 19. Dispute Resolution. In the event of any losses and expenses, including attorneys'fees, arising Page 21 of 25 out of or relating to such action or inaction. MALPRACTICE, ETC.), ESCROWTECH`S AGGREGATE LIABILITY TO OWNER AND 22. Depository Only. EscrowTech acts THE BENEFICIARIES SHALL NOT EXCEED hereunder as a depository only and is not responsible THE TOTAL FEES PAID TO ESCROWTECH or liable for the completeness, accuracy, suitability, UNDER THIS AGREEMENT. IN NO EVENT state, format, safety, quality, content, sufficiency, SHALL ESCROWTECH BE LIABLE FOR ANY correctness, genuineness or validity of the Deposit CONSEQUENTIAL, INCIDENTAL, Materials or any document submitted to EscrowTech EXEMPLARY, SPECIAL, OR PUNITIVE or the execution of the same or the identity,authority, DAMAGES OR LOSS OF PROFITS, or rights of any person executing or depositing the REVENUES OR BUSINESS,EVEN IF ADVISED same. EscrowTech is not responsible for any loss of OF THE POSSIBILITY THEREOF. Deposit Materials due to defective, outdated, or unreliable storage media (e.g., CD ROMs, magnetic 28. Interpretation. The wording used in this tape, disks, etc.) or for the degradation of storage Agreement is the wording chosen by the Parties to media, express their mutual intent, and no rule of strict construction shall be applied against or in favor of 23. Uncertainty. Notwithstanding anything in any Party. Section headings are for convenience this Agreement to the contrary, if EscrowTech is only, and do not limit or affect the provisions of this uncertain as to any duty,obligation,demand,or right, Agreement or their interpretation. EscrowTech may hold the Deposit Materials and refrain from taking any action and wait for a final 29• Entire Agreement. This Agreement resolution under Section 19 or a court order. constitutes the entire agreement of the Parties relating to the Escrow. This Agreement sets forth all the 24. Reliance. EscrowTech shall not incur any duties and obligations of EscrowTech with respect to liability in acting upon any notice, request, waiver, any and all matters relating to this Agreement, the consent, receipt or other paper or document believed Escrow or the Deposit Materials. EscrowTech has no by EscrowTech to be genuine and to be signed by the implied duties or obligations. proper party or parties, or in acting upon any resolution under Section 19 or any court order. 30. Force Majeure. Except for obligations to make payment,no Party shall be liable for any failure 25. Extraordinary Services. In addition to to perform arising from causes beyond its control, the fees and charges for the usual services of including, but not limited to, fire, storm, flood, EscrowTech under this Agreement (see Section 15 earthquake, explosion, accident, theft, terrorism, acts and Exhibit B), EscrowTech shall be entitled to of public enemies,war,insurrection,sabotage,illness, additional reasonable compensation should labor disputes or shortages,product shortages,failure EscrowTech be requested or required to perform any or delays in transportation, inability to. secure additional or extraordinary service; and EscrowTech materials, parts or equipment, acts of God, or acts of shall be reimbursed for any out-of-pocket expenses any governmental authority or agency thereof. (including, without limitation, travel expenses and fees of counsel) reasonably incurred in connection 31. Governing Law. This Agreement, the with such additional or extraordinary services. Escrow and the relationship of EscrowTech with Extraordinary services include, but are not limited to, Owner and each Beneficiary shall be governed and any involvement of EscrowTech, at the request or construed under and in accordance with the laws of demand of Owner or'a Beneficiary, in any arbitration the state of Utah without regard to conflict of laws or litigation between Owner and the Beneficiary. principles. Furthermore,in the event of any litigation or arbitration between EscrowTech and Owner or 26. Disclaimer. ESCROWTECH MAKES between EscrowTech and any Beneficiary, such NO WARRANTY NOT EXPRESSLY SET litigation or arbitration shall be conducted exclusively FORTH HEREIN. ANY IMPLIED in Salt Lake City, Utah and the Parties hereby agree WARRANTIES ARE DISCLAIMED AND and submit to such jurisdiction and venue. EXCLUDED BY ESCROWTECH. 32. Notices. All notices under this Agreement 27. Limitation on Liability. FOR ANY shall be in writing and shall be delivered to the AND ALL CLAIMS AND CAUSES OF ACTION address indicated for the intended Party at the (INCLUDING WITHOUT LIMITATION beginning of this Agreement or, in the case of a BREACH OF CONTRACT, TORT, Beneficiary,on Beneficiary's Registration Form,or to Page 22 of 25 such substitute address as any Party may designate for itself by proper notice to the other Parties. It is the responsibility of each Party to keep the other Parties informed of its address and telephone and fax numbers (except that a Beneficiary is not obligated to keep other Beneficiaries informed of this information). 33. Modification. This Agreement may only be modified, amended or rescinded by a writing signed by all affected Parties. 34. Assignment. This Agreement may be assigned by a Party to a successor who acquires substantially all of such Party's business assets relevant to the subject matter of this Agreement. The assigning Party shall give notice thereof to the other affected Parties and shall deliver to such other affected Parties a copy of the successor's written agreement to accept or assume this Agreement. 35. Execution. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. The persons signing below represent that they are duly authorized to execute this Agreement for and on behalf of the Party for whom they are signing. Page 23 of 25 SOFTWARE ESCROW AGREEMENT BENEFICIARY REGISTRATION FORM Owner: CRW Systems,Inc Escrow No.5794-MB Beneficiary: City of Pasco ,WA Tel.: Fax: Contact: E-Mail: This Beneficiary Registration Form applies to the above-identified Escrow and the Software Escrow Agreement dated November 21, 2003 to which Owner and EscrowTech International, Inc. ("EscrowTech") are parties (the "Escrow Agreement"). Owner and Beneficiary have entered into one or more other agreements identified below: AGREEMENT FOR THE INSTALLATION AND USE OF PERMIT,PLANNING and CODE ENFORCEMENT SOFTWARE Such agreement(s) (including addendums or amendments thereto, if any) is (are) referred to in the Escrow Agreement as the"License Agreement." Beneficiary has received and reviewed a copy of the Escrow Agreement. Beneficiary agrees to the terms and conditions of the Escrow Agreement and is hereby made a Party thereto. Beneficiary is entitled to the rights and benefits of a "Beneficiary"under the Escrow Agreement and accepts the obligations of a"Beneficiary"under the Escrow Agreement. Appendix 1, attached hereto, is part of this Beneficiary Registration Form and describes the Release Condition and Permitted Use applicable to the Beneficiary under the Escrow Agreement. Date of this Beneficiary Registration: ACCEPTED AND AGREED TO BY BENEFICIARY AND OWNER: Beneficiary: City of Pasco,Washington Owner: CRW Systems, Inc. Authorized Signature Authorized Signature For EscrowTech Only! i FDateReceived by EscrowTech: EscrowTech Signature: Page 24 of 25 SOFTWARE ESCROW AGREEMENT BENEFICIARY REGISTRATION FORM APPENDIX I RELEASE CONDITION The Release Condition shall be deemed to have occurred if any of the following is satisfied: a. Owner files a petition for protection under the U.S.Bankruptcy Code,or an involuntary petition in bankruptcy is filed against Owner and is not dismissed within 60 days thereafter. b. Owner defaults in its obligation to provide maintenance and support services as required by the License Agreement(or any other contract with Beneficiary), and fails to cure such default within 10 days after receiving written notice of the default from Beneficiary. The notice must describe the default and state the action which Beneficiary believes is necessary to cure the default. C. Beneficiary becomes entitled to a release of the Deposit Materials(i,e.,source code for the Software) pursuant to the terms of the License Agreement. PERMITTED USE OF RELEASED DEPOSIT MATERIALS: In the event that the Deposit Materials are released to Beneficiary,the following shall apply: a. Beneficiary may only use the Deposit Materials to maintain, modify and enhance the Software. The maintained, modified and enhanced Software may only be used in accordance with the License Agreement. b. Beneficiary may not disclose the Deposit Materials to any third party and shall keep the Deposit Materials confidential,except as provided below. C. Beneficiary may engage the services of independent contractors (e.g., computer programmers or an outsourced maintenance service) to assist Beneficiary in exercising its Permitted Use rights. Each such independent contractor must agree in writing that it/he/she will not disclose or transfer the Deposit Materials to any other person, and will not use the Deposit Materials for any purpose other than to assist Beneficiary in exercising its Permitted Use rights. These restrictions shall not limit or negate the rights, if any,of the independent contractor with respect to materials that are similar or identical to the Deposit Materials and are lawfully received by the independent contractor from a source other than Beneficiary (e.g., a maintenance service that receives similar or identical materials from other beneficiaries or licensees). d. Items a., b. and c. above are subject to such additional rights or limitations as may be set forth in a provision, if any, in the License Agreement which addresses use of the released Deposit Materials by Beneficiary. The Permitted Use is a fully paid-up license and may not be revoked, terminated or rejected without Beneficiary's written consent. This Permitted Use license also includes the right to use and copy the binary, executable and object code versions of the Software and the maintained, modified and enhanced versions of Software created from or with the Deposit Materials. Page 25 of 25 AGENDA REPORT NO. 43 FOR: City Council . DATE: 6/16/05 TO: Gary Crutchfie anager n WORKSHOP: Richard J. Smi hector REGULAR: 6/20/05 Community and Economic Development FROM: David I. McDonald, City Planner SUBJECT: FINAL PLAT: College View Heights (Pasco Vinyards Associates) (MF # 05-94-FP) I. REFERENCE(S): A. Final Plat (Council Packets only-Copy available in Planning Office for public review) B. Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the final plat for College View Heights. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The City Council previously approved a preliminary plat for College View Heights. The developer is now seeking final plat approval. B. The plat contains 46 lots. V. DISCUSSION: Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the improvements. In this case, the developer has completed most of the improvements and has provided the City with a bond in an amount sufficient ($1,200) to cover the costs of the outstanding improvements. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary engineering data. In addition the plat contains the required descriptions, dedications and acknowledgment and approval sections. VI. ADMINISTRATIVE ROUTING: 3(9) VICINITY MAP N cB� WADE COURT s 0 w Q � LDS CHURCH W LEOLA ST o EIN w. PEARL ST N W. OPAL ST l FOOD PAVILION > A N AGENDA REPORT NO. 44 FOR: City Council DATE: 6/16/05 TO: Gary Crutchfi Manager WORKSHOP: . Richard J. Smi , o ector REGULAR: 6/20/05 Community and conomic Development FROM: David I. McDonald, City Planner �� SUBJECT: FINAL PLAT: Highland Meadows Phase III (Copper Basin) (MF # 05- 67-FP) I. REFERENCE(Sj: A. Final Plat (Council Packets only-Copy available in Planning Office for public review) B. Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the final plat for Highland Meadows Phase III. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The City Council previously approved a preliminary plat for Highland Meadows. The developer is now seeking final plat approval of Phase III. B. The plat contains 20 lots. V. DISCUSSION: Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the improvements. In this case, the developer has completed all improvements. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary engineering data. In addition the plat contains the required descriptions, dedications and acknowledgment and approval sections. VI. ADMINISTRATIVE ROUTING: 3(h) i VICINITY MAP l� _ E. SHEPPARD ST I 4 o Q � z w z E. HIGHLAND ST w E z w � z z PARK VIEW BLVD AGENDA REPORT FOR: City Council Date: 6110105 TO: Gary Crutchfield, City Manag Workshop: 6/13/05 Regular: 6/20/05 FROM: Elden Buerkle, Management As ' tant SUBJECT: Water Reservoir Aesthetics I. REFERENCE: 1. Proposed Resolution II. ACTION REQUESTED OF COUNCIL: 6113105 Review and Discussion 6/20/05 Motion: I move to approve Resolution No.A?7 , defining a community process to select the paint design for the city water reservoirs at Road 76 and Sandifur. III. FISCAL IMPACT: A. A monetary award in an amount the Council considers would be appropriate for the design that may be selected. Staff considers a prize of $1,000 may be sufficient to draw public interest. B. Painting the reservoirs with the selected design may result in some incremental cost depending on the design selected. Cost to paint and maintain the selected design will be one of the criteria of the selection process. IV. HISTORY AND FACTS BRIEF: A. A new water reservoir will be constructed on the site of the current reservoir at Road 76 and Sandifur. The new reservoir will require painting when constructed; the current reservoir also needs to be painted. B. At the May 23 workshop meeting, some members of the Council expressed dissatisfaction with the design presented by the Public Works staff for painting the reservoirs. C. Council suggested that a community process be used to identify the best option for painting the reservoirs. V. DISCUSSION: A. The draft resolution embodies the proposal staff has developed for a community process to solicit public input for a paint design for the reservoirs. B. We anticipate a timeline with all proposals submitted by September 30, and the committee's recommendation on design(s) to Council within the following month. Council should try to determine the final design for painting the reservoirs by January 1, 2006. i it I RESOLUTION NO. A RESOLUTION defining the community process to select the paint designs for the current water reservoir and the water reservoir to be constructed at Road 76 and Sandifur. WHEREAS, the City Council desires to maintain and improve Pasco's aesthetic environment; and WHEREAS, the City Council considers it important that as much as possible city facilities and installations complement the appearance of the community and its neighborhoods; and WHEREAS, an additional water reservoir will be constructed on the site of the current reservoir at Road 76 and Sandifur; and WHEREAS, the City Council desires that the paint designs for the water reservoirs will improve the aesthetic appearance of the surrounding neighborhood and the Pasco community; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1: The City Council hereby establishes the Water Reservoir Aesthetics Committee to serve until a paint design(s) for the water reservoirs is determined. Section 2: The Committee shall consist of five persons appointed by the Mayor. One member shall be a Councilmember of the city, who shall serve as. chair. At least one member shall have substantial knowledge of fine and/or commercial art. The remaining members shall be appointed from the community. Section 3: Through a public information/involvement process, the Committee shall solicit from the community designs for painting the water reservoirs. A prize of $1,000 will be offered for the design selected by the City Council. Section 4: The criteria for selection shall be: 1. Appropriateness for the community and the neighborhood. 2. Subject matter. 3. Artistic merit. 4. Aesthetic quality. 5. Cost of painting and maintaining the design. 6. The design(s) as painted on the reservoir(s) shall be unsigned. 7. Submissions including nude figures, offensive language, or commercial advertising. will not be accepted. Section 5: The deadline for submission of designs shall be September 30, 2005. Section 6: All designs submitted shall become the property of the City. Section 7: By November 1, 2005, the Committee shall recommend one or more designs, or combination of designs, to the City Council. Which design(s) shall be recommended to the City Council shall be solely at the discretion of the Committee. Section 8: By January 1, 2006, the City Council may choose a recommended design or any other design, whether recommended, or whether submitted as part of the community process or not, or may choose to reject all designs and develop a new design selection process. The decision shall be solely at the discretion of the City Council. Passed by the City Council of the City of Pasco this 20th day of June 2005. Michael Garrison, Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council June 7, 2005 TO: Gary Crutchfie anager Workshop Mtg.: 6/13/05 Regular Mtg.: 6/20/05 FROM: Stan Strebel, A inistrativ, a nd C9mmunity Services Director SUBJECT: Liquor Permits for Water Follies I. REFERENCE(S): A. PMC 9.20.020 Regarding Liquor Consumption within Park and Recreation Facilities B. Resolution No. 2606 C. Franklin County Resolution 2004-373 D. Proposed Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/13: Discussion 6/20: MOTION: I move to approve Resolution No. rT r' Designating Acceptable Locations for the Possession, Display or Consumption of Liquor Subject to Certain Requirements. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) PMC 9.20.020 restricts liquor consumption in park and recreation facilities to those specified by resolution of the City Council and subject to several conditions. In 2001, Council approved Resolution No. 2606, which authorizes two locations (Peanuts Park and the Farmer's Market) where staff may administratively approve liquor possession and consumption. These are the most common locations for public events where liquor has commonly been made available. B) In 2004, the Franklin County Commission approved a resolution (2004-373) imposing a moratorium on the issuance of liquor permits in Chiawana and Wade parks. These parks are currently leased by the County from the Corps of Engineers. C) The Tri-City Water Follies has typically included some 39 locations (36 private, 3 public) for liquor possession and consumption at Wade Park during the annual July event. The combination of the County's recent action and the City's Resolution on liquor leaves the status of liquor permits for the boat races in limbo without Council action. D) Since the Water Follies event is well established, staff proposes that the City's resolution be revised to include Wade Park as a permitted venue for liquor, limited to that event only. This will enable staff to process permits as it does for other traditional community events. The three-party agreement, between Water Follies, the County and the City, which governs the event, will be amended to reflect the requirement that Water Follies must obtain its liquor permits from the State and the City as opposed to the County. The attached proposed resolution reads the same as the current Resolution No. 2606 (but in form is slightly different) except that Wade Park is included as discussed here. Staff recommends approval of the Resolution. 3(j) I I TITLE 9 9.20.020 CONSUMPTION WITHIN PARK AND RECREATION FACILITIES. Upon the conditions hereafter specified, it is lawful to open a package containing liquor, or to possess or display an open container of liquor or to consume liquor in those park and recreation buildings or structures or other approved enclosed and restricted areas as specified by resolution of the City Council. The persons using such premises for the purpose of opening a package containing liquor, possessing or displaying an open container of liquor and/or consuming liquor must obtain a rental permit from the director of parks and recreation of the City of Pasco or his designee at the park and recreation offices. Such rental permit shall be issued on the following conditions: (a) The applicant must produce evidence that he has a banquet permit from the Washington State Liquor Control Board; (b) Payment of rent in an amount fifty percent higher than the regular rental fee; (c) The applicant deposits a sum of two hundred fifty dollars to insure proper performance of cleanup by the applicant subsequent to the event for which the banquet and rental permit is issued and for payment of damages; (d) The applicant furnishes to the City evidence that he has in full force and effect a liability insurance policy that includes liquor liability, in such amounts and coverages as prescribed by the City's insurer covering any bodily injury or property damage arising out of or in any way connected with the use of the city facility by the applicant. A surety bond approved by the City in the same amounts may substitute for insurance; (e) The applicant must affirm in writing that the attendance at the function for which the rental permit is issued is not pursuant to a general invitation to the public, but pursuant to invitations to either specifically named individuals or to actual members of the applicant's organization; provided that the City Council may waive this requirement by resolution upon a showing by the applicant that special circumstances exist which would merit such waiver, and that adequate provisions have been made to accommodate the anticipated number of persons who attend the function for which the rental permit is issued; (f} The applicant agrees that he or she will save the City of Pasco harmless from all losses or damage occasioned to him or her or to any third person or party by reason of any act or omissions of the applicant or anyone using the premises pursuant to the rental permit. He or she shall, after reasonable notice thereof, pay the expense of any suit, which may be commenced against the City of Pasco by any third person alleging injury or loss by reason of such acts; (g) The applicant shall furnish written confirmation from the Chief of Police of the City of Pasco that adequate provision has been made by the applicant for police, security, and traffic control, considering the type of activity purposed by the applicant; (h) The applicant shall comply with all applicable fire codes and regulations. (Ord. 3495 Sec. 1, 2001; Ord. 2333 Sec. 1, 1982.) http://www.ei.pasco.wa.us/pmc/Title09.html 5/26/2005 t � i RESOLUTION NO. 2606 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, DESIGNATING ACCEPTABLE LOCATIONS FOR THE POSSESSION, DISPLAY OR CONSUMPTION OF LIQUOR SUBJECT TO CERTAIN REQUIREMENTS. i WHEREAS, Pasco Municipal Code section 9.20.020 provides that the City Council may, by Resolution, authorize park and recreation and other enclosed or restricted areas for the lawful possession, display or consumption of liquor subject to the requirements of said section; and WHEREAS, the City Council desires to designate acceptable locations for the possession, display or consumption of liquor; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: 1. The following locations are designated as acceptable, subject to the provisions of PMC 9.20.020, for the possession, display or j consumption of liquor: A. Peanuts Park B. Farmer's Market 2. The Director of Administrative and Community Services is authorized to issue permits for liquor use at the locations listed in Section I of this resolution pursuant to the provisions of PMC 9.20.020 and to waive the "specific individual" requirements of said section (e). 3. Applications for liquor use in Peanuts Park or the Farmer's Market shall be subject to the recommendation of the Pasco Downtown Development Association. 4. Any applicant who is aggrieved by the decision of the Director of Administrative and Community Services made pursuant to this resolution or PMC 9.20.020 may appeal to the City Council. PASSED by the City Council of the City of Pasco, Washington, this 200 day of August, 2001. Michael L. Garrison, Mayor ATTEST: APPROVED AS TO FORM: 0'r V, Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney I I May-25 . 2005 12:054 Franklin co. public works No - 9296 P. 2 FRANKLIN COUNTY RES�LUTIUN NU. '' U 4 373 BEFORE THE BOARD OF COVMY COMMISSIONSM FRANKLIN COUNTY,WASHINGTON RE! MORATORIUM BEGMNING SEPTEMBER I,2004 ON THE ISSUANCE OF LIQUOR PERMITS IN CHIAWANA AND WADE PARK WHERF,AS,pursuant to RCW 36.32.120(7)the legislative authority of Franklin County may make and enforce,by Appropriate resolutions and ordinances,police and sanitary regulations; and WHEREAS,the Board of Franklin County Commissioners constitutes the tegislative authority for Fran1d n County;and WIiERFAS,consumption of alcohol on park grounds has the potential to create a danger to health and safety of the public; and VVHIWAS,Wade and Chiawana parka are now located within Pasco city limits and there is ambiguity as to what ordinance or code(Franklin County or Pasco)should regulate the issuance of liquor permits within the parks;and W REAS,there is an interest in raiievmg this ambiguity and having one set of regulations for issuance of alcohol permits in Wade and Chiawana parka; NOW,THE1tF:F'ORF.,IT IS UMBY]RESOLVED that Franklin County hereby declares there shall be a moratorium on the issuance of liquor permits in Chiawana and Wade parks beghw ng on September 1,2004,and continuing until such time as Franklin County has passed a new ordinance concerning the issuance of liquor permits at the above parley. APPROVED this le day cif August 2004. BOARD OF COUNTY COMMISSIONERS COUNTY",WASHINGTON aJ au Attest: rank H Chair Pro Tem Clctic to th card Sue Ailler,Marnber Approved as to F , g-z —� Brian V.Hultgrenu Deputy Prosecuting Attomey 04iw : Auditor cc: City of Pasco Public Wodo Praauutpr (J:'1R,�oS�0441Iiquor P A4vmtonum RESOLUTION NO. r A RESOLUTION of the City of Pasco, Washington, designating acceptable locations for the possession, display or consumption of liquor subject to certain requirements. WHEREAS,Pasco Municipal Code Section 9.20.020 provides that the City Council may, by Resolution, authorize park and recreation and other enclosed or restricted areas for the lawful possession, display or consumption of liquor subject to the requirements of said section; and WHEREAS, the City,Council desires to designate acceptable locations for the possession, display or consumption of liquor;NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. The following locations are designated as acceptable, subject to the provisions of PMC 9.20.020, for the possession, display or consumption of liquor: A. Peanuts Park B. Farmer's Market C. Wade Park(for the annual Water Follies event only) 2. The Director of Administrative and Community Services is authorized to issue permits for liquor use at the locations listed in Section 1 of this resolution pursuant to the provisions of PMC 9.20.020 and to waive the "specific individual"requirements of said section (e). 3. Applications for liquor use in Peanuts Park or the Farmer's Market shall be subject to the recommendation of the Pasco Downtown Development Association. 4. Any applicant who is aggrieved by the decision of the Director of Administrative and Community Services made pursuant to this resolution or PMC 9.20.020 may appeal to the City Council. 5. City of Pasco Resolution No. 2606 is hereby repealed. PASSED by the City Council of the City of Pasco this day of 2005. Michael L. Garrison, Mayor ATTEST: Sandy Kenworthy,Deputy City Clerk APPROVED AS TO FORM: Lee Kerr, City Attorney GENERAL FUND OPERATING STATEMENT THROUGH MAY 2005 %OF YTD TOTAL %OF 2005 2005 ANNUAL 2004 2004 TOTAL ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL REVENUE SOURCES: TAXES: PROPERTY 4,311,323 * 4,300,000 100.3% 1,987,577 4,092,075 48.6% SALES 1,850,175 + 6,000,000 30.8% 1,634,618 7,412,126 22.1% UTILITY 2,226,891 5,240,000 42.5% 2,029,585 5,692,668 35.7% OTHER 222,721 905,000 24.6% 224,738 959,027 23.4% LICENSES & PERMITS 1,159,471 1,059,950 109.4% 1,051,104 2,267,295 46.4% INTERGOV'T REVENUE 247,921 764,700 32.4% 269,745 1,272,739 21.2% CHARGES FOR SERVICES 887,912 2,183,800 40.7% 887,375 2,227,929 39.8% FINES& FORFEITS 305,776 700,500 43.7% 286,730 704,355 40.7% MISC. REVENUE 241;589 607,665 39.8% .211,482 666,246 31.7% OTHER FIN. SOURCES 60,143 96,500 62.3% 120,063 344,809 34,8% TOTAL REVENUES 11,513,922 21,858,115 52.7% 8,703,017 25,639,269 33.9% BEGINNING CASH BALANCE 5,444,071 5,000,000 6,985,714 6,985,714 CHANGE IN RECEIVABLES -1,323,181 0 0 -2,622,277 TOTALS 15,634,812 26,858,115 58.2% 15,688,731 30,002,706 52.3% EXPENDITURES: CITY.COUNCIL 33,047 95,575 34.6% 48,358 106,851 45.3% MUNICIPAL COURT 302,179 868,745 34.8% 315,097 828,372 38.0% CITY MANAGER 223,807 532,655 42.0% 208,085 478,000 43.5% POLICE 3,233,149 7,814,005 41.4% 3,035,840 7,467,045 40.7% FIRE 1,093,495 3,102,415 35.2% 1,153,657 2,712,082 42.5% ADMIN &COMMUNITY SVCS 1,556,665 3,922,525 39.7% 1,389,294 3,944,541 35.2% COMMUNITY DEVELOPMENT 412,913 999,330 41.3% 423,181 1,161,131 36.4% ENGINEERING 417,685 918,980 45.5% 325,123 867,919 37.5% MISC. NON-DEPARTMENT 1,617,673 6,088,357 26.6% 1,385,706 6,855,213 20.2% LIBRARY 357,389 797,400 44.8% 294,657 719,901 40.9% TOTAL EXPENDITURES 9,248,002 25,139,987 36.8% 8,578,998 25,141,055 34.1% ADD BACK PAYABLES 427,247 -582,420 ENDING FUND BALANCE 1,718,128 5,444,071 TOTALS 26,858,115 30,585,126 AVAILABLE CASH BALANCE 6,814,057 7,109,733 * We are now required(2005)to record the entire amount of Property Tax Levy at the beginning of the year. + Sales Tax is received from the State 2 months following the sale. PERCENTAGE OF BUDGET ALLOCATED FOR 5 MONTHS 41.7% 6(b) AGENDA REPORT NO. 13 FOR: City Council June 16, 2005 TO: Gary Crutchfiel anager Regular Mtg: June 20, 2005 Robert J. Alber , u is Works Director FROM: Doyle L Heath, City Engineer DA SUBJECT: Sylvester Street Water Main Improvements I. REFERENCE(S): 1. Bid Summary 2. Vicinity Map II. ACTION REQUESTED OF COUNCIUSTAFF RECOMMENDATIONS: 06/20: MOTION: I move to award the low bid for the Sylvester Street Water Main Improvements, Project No.05-2-02 to Watts Construction, Inc. in the amount of$434,638.23 including sales tax and, further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Utility Fund IV. HISTORY AND FACTS BRIEF: On June 15, 2005, staff received three (3) bids for the Sylvester Street Water Main Improvements project. The low bid was received from Watts Construction in the amount of $434,638.23 including sales tax. The bids ranged from a low of $434,638.23 including sales tax, to a high of$476,330.48 including sales tax. The Engineer's Estimate for the project is $510,807.78 including sales tax. This project also includes a schedule for the Road 34 Sewer Main Extension. That project adds approximately 350 if of sewer pipe on Road 34 between Sylvester and Park Streets. Staff recommends that Council award the contract to Watts Construction, Inc. V. ADMINISTRATIVE ROUTING Project File I 10(a) City of Pasco Sylvester Street Water Main Improvements PROJECT No. 05-2-02 June 15, 2005 BID SUMMARY Total Engineer's Estimate $510,807.78 1 . Watts Construction $434,638.23 2. Sharpe & Preszler $454,112.73 3. Ray Poland & Sons $476,330.48 -1T} , AV Hi 3AV H1oZ I j Q 4 � z aeo Q c I u ' r z LW I W W W � � W a_ � 75 v ? uvva �-- v� W Q to LLJ C� 4 I � J 09 aeon AGENDA REPORT NO. 14 FOR: City Council June 16, 2005 TO: Gary Crutchli Manager Regular Mtg: June 20, 2005 Robert I Alber , blic Works Director FROM: Doyle Heath,City Enginee> I�.��(.�. SUBJECT: 2005 Overlays, Project No. 05-3-01 I. REFERENCE(S): 1. Bid Summary 2. Vicinity Map II. ACTION RE UESTED OF COUNCIUSTAFF RECOMMENDATIONS: 06/20: MOTION: I move to award the low bid for all areas in the 2005 Overlays, Project No. 05-3-01, to Transtate Paving Co., Inc., in the amount of$749,615.00 and, further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Overlay Fund IV. HISTORY AND FACTS BRIEF: On June 14, 2005 staff received two bids for the 2005 Overlays. The low bid was received from Transtate Paving Co., Inc. in the amount of$749,615.00. The other bid received was in the amount of$868,432.50. The Engineer's Estimate for the project is $623,855.00. Staff recommends award of the contract to Transtate Paving Co., Inc. V. ADMINISTRATIVE ROUTING Project File 10(b) City of Pasco 2005 OVERLAY PROJECT No. 05-3-01 June 14, 2005 BID SUMMARY Total Engineer's Estimate $623,855.00 1 . Transtate Paving $749,615.00 2. Inland Asphalt Co. $868,432.50 i e t i4si� �1— tt -�iLL■ t�� i/�/ t sir L..7 Ltlr.. LJ■ is■W 4J� MOM �� � ► y Lf[LLr.irfN1�� [1�.. r. 4fE��YUGn ` A Cq Y�l�I Yi 1111 r ar w* ft l ImI!!1'-� LLU � ■ ���1�1�� � �lidlll� ;re ti o ]� 11 ■ 1 FmFi LlI , Iri nrr p■ NTI �� AGENDA REPORT TO: City Council June 17, 2005 FROM: Gary Crutchfield, City Manage 6,� Regular Mtg.: 6/20/05 SUBJECT: Purchase of Property located at 110 N. Tacoma I. REFERENCE(S): A. Amended Real Estate Purchase and Sale Agreement II. ACTION REQUESTED OF COUNCIUSTAFF RECOMMENDATIONS: 6/20 MOTION: I move to approve the purchase of 110 N. Tacoma and, further, authorize the City Manager to execute all documents necessary to effect the purchase. III. FISCAL IMPACT Approximately$75,000 IV. HISTORY AND FACTS BRIEF: A. For the past several months, staff has been negotiating with the owner of 110 N. Tacoma to acquire the property. The purchase of this property is necessary to accommodate future development of the Lewis Street Overpass. V. DISCUSSION: A. The owner has agreed to sell for a total of $72,400, representing the full value established by the Franklin County Assessor's office for tax purposes. The city, as buyer, will be responsible for all closing costs as well as the environmental review to assure a "clean" site. B. Staff recommends approval of the purchase agreement. 10(C) AMENDED REAL ESTATE PURCHASE AND SALE AGREEMENT THIS AMENDED REAL ESTATE PURCHASE AND SALE AGREEMENT, superseding all prior Real Estate Purchase and Sale Agreements, is dated this day of June, 2005, between the City of Pasco, Washington a Washington Municipal Corporation, hereinafter referred to as "Buyer", and ELOYSA V. MERCADO, hereinafter referred to as "Seller," the following described real estate in the County of Franklin, State of Washington, legally described as follows: Parcel No. 112-036-181 Lot 3, and south Half of Lot 4, EXCEPT North one half foot of South half of said Lot 4, Block 3, Northern Pacific Plat of Pasco, according to the plat thereof recorded in Volume "B" of Plats, page 32A, records of Franklin County, Washington. Parcel No. 112-036-190 The North half of Lot 2, Block 3, Pasco, Franklin County, Washington. Total purchase price is SEVENTY TWO THOUSAND FOUR HUNDRED DOLLARS ($72,400.00),payable all in cash at closing,with credit for earnest money on deposit. 1. Buyer represents that they have sufficient funds available to close this sale in accordance with this Agreement,and are not relying on any contingent source of funds. 2. Title of Seller is free and clear of liens or encumbrances, except existing future governmental charges for irrigation assessments, LlDs or other improvements, rights, reservations, covenants, conditions and restrictions presently of record, easements and encroachments of records or of apparent use. All such items shall not be deemed encumbrances or defects for purposes hereof Further, title is not warranted nor the condition of the property is warranted as to its present condition, use (authorized or unauthorized), nor environmental condition. Any monetary encumbrances appearing of record shall be discharged by Seller and may be paid out of Buyer's money at date of closing. Buyer takes the property as is, subject to the terms and conditions listed in Section 6 below, and with regard to any and all zoning requirements considering its use and occupancy. 3. Seller shall furnish to Buyer, a standard form owner's or buyer's policy of title insurance. Seller shall furnish to Buyer, as soon as practicable prior to closing, a preliminary commitment for said title insurance issued by a Title Insurance Company selected by Seller. The title policy to be issued shall contain no exceptions other than those provided for in the standard form,plus encumbrances, defects or other matters as provided for and identified in this Agreement. Buyer shall conclusively be deemed to have accepted the condition of title unless Seller receives actual notice of Buyer's objections within seven(7) days after the preliminary commitment for title insurance is received by and made available to Buyer. If title is not so insurable, and cannot be made so insurable prior to closing,Buyer may elect either to waive such encumbrances or defects, or to terminate this Agreement Amended Real Estate Purchase&Sale Agreement- 1 and receive a refund of the earnest money. Buyer shall be entitled to no recovery of damages beyond a refund of the earnest money deposit. Buyer acknowledges that a standard form of title insurance does not insure the location of boundaries and that an extended form of insurance is available at additional cost to the Buyer. 4. Title to the real property purchased shall be conveyed by special warranty deed free of encumbrances and defects except those included in this Agreement or otherwise acceptable to Buyer. 5. Seller represents that it has authority to enter into this transaction and that Buyer may rely on Seller's signature as affixed hereto. 6. Buyer's obligations to this Real Estate Purchase and Sale Agreement are subject to the following contingencies: (a) Formal approval by the Pasco City Council; (b) The performance of an Environmental Assessment, Phase I inspection of the property demonstrating, to,the satisfaction of the Buyer, that the property is free of environmental contaminants. Buyer shall bear all costs of the Environmental Assessment; and (c) Buyer shall act promptly to investigate these contingencies and determine to its satisfaction,not less than one week prior to closing, that the contingencies have been met. In the event any of the contingencies above have not been met,the Buyer shall, at its sole option,terminate this Agreement, or waive that contingency. 7. This sale agreement shall be closed on or before July 8, 2005 by Benton-Franklin Title Company in Kennewick, Washington. "Closing" means the date on which all documents are recorded and the sale proceeds are available for disbursement to Seller. Buyer and Seller shall deposit with closing agent all documents and monies required to complete this sale in accordance with this Agreement Both Buyer and Seller agree to cooperate with one another to close this sale according to the terms and conditions as contained herein. In the event the sale cannot be closed because of a prohibition by the City of Pasco, or any other governmental entity, then the earnest money shall be returned to the Buyer and this Agreement shall be at an end without further liability of either party to the other as a result of this Agreement. 8. Seller and Buyer shall each pay their own attorney's fees and costs. Buyer shall pay the escrow fees incurred for closing the sale.Buyer shall pay, if any, the Washington state real estate excise tax as may be incurred in the sale of the property. Buyer shall pay the costs of title insurance except as otherwise provided for in this Agreement. Taxes for the current year shall be charged to Buyer from and after the date of closing. All other utility charges constituting liens shall be prorated as of the date of closing. All other closing costs shall be charged to the Buyer as are normally charged to Buyer and Seller in the closing real estate transactions in the state of Washington. 9. Buyer shall be entitled to possession on closing. Amended Real Estate Purchase&Sale Agreement-2 10. Buyer's rights under this Agreement may not be assigned by Buyer without Seller's prior written consent,which consent shall not be unreasonably withheld. 11. The Buyer is represented by Paine, Hamblen,Coffin,Brooke &Miller,LLP. 12. Unless otherwise specified in this Agreement,any and all notices required or pennitted to be given under this Agreement must be given in writing.Notices to Seller must be signed by at least one of the Buyers and shall be deemed to be given when actually received by Seller or by Seller's attorney. Notices to Buyer must be signed by at least one Seller or by Seller's attorney and shall be deemed to be given when actually received by the Buyer or Buyer's attorney. Actual receipt shall be deemed to have been given to Buyer on the third day following the date of mailing said notice to Buyer by United States Mail,postage prepaid. 13. Unless otherwise expressly specified herein, any period of time specified in this Agreement shall expire at 5:00 p.m. on the last calendar day of the specified time period, unless the last day is Saturday, Sunday, or legal holiday, as prescribed in RCW 1.16.050, in which event, the specified time shall expire at 5:00 p.m. on the next business day. Any specified period of five (5) days or less shall include business days only. 14. Time is of the essence. There are no verbal agreements which modify this Agreement. This Agreement constitutes the full understanding between Seller and Buyer. Buyer has personally observed the property and has reached Buyer's own conclusion as to the adequacy and acceptability of the property based upon such personal inspection. All size, dimensions, acreages and/or boundaries used in marketing for identifying the property are understood to be approximations and are not intended to be relied upon to determine the fitness or value of the property. 15. In the event of any litigation or dispute between the parties concerning this Agreement, the prevailing party in such litigation or dispute shall be entitled to reasonable attomey's fees and costs as may be agreed or awarded by court. 16. This Agreement effects legal rights and obligations and will have tax implications. Each of the parties hereto acknowledge the understanding that they must each seek their own individual and independent attorneys, accountants and tax advisors with regard to this Agreement and its implications. 17. Buyer offers to purchase the property in its present "AS IS" condition, on the above terms and conditions. Buyer hereby accepts the property from and after the date of closing subject to any and all assessments hereby levied or to be levied in the future. Further, Buyer hereby waives any claim against Seller for any and all conditions to the property and accepts the property "AS IS. In exchange for the aforementioned, Seller hereby grants to Buyer from and after the date of closing all rights Seller shall have under any and all lease agreements effecting the property subject to this Real Estate Purchase and Sale Agreement. 18. Seller shall have a reasonable time to accept or reject this offer, which time shall expire at 5:00 p.m. JUNE 17,2005. If this offer is not so accepted, it shall lapse. Amended Real.Estate Purchase&Sale Agreement-3 BUYAGycheld, CITS INGTON By: Manager STAT E OF WASHINGTON ) :ss County of Franklin ) On this day personally appeared before me GARY CRUTCHFIELD, City Manager 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 volunta deed for the uses and purposes therein mentioned. tpN 1— 2 SUBSCRIBED and sworn to before me this ��c day of June, 2005. y NOT , �p i .o q9j " Notary Public in d fo th State of Washington 0���� ��� e Residing at 3 20° p'r My Commission Expires On this day of ,20_ ,Seller agrees to sell the property on the terms and conditions as set forth in this Agreement. SELLER: By: Eloysa V. Mercado STATE OF WASHINGTON ) :ss County of Franklin ) On this day personally appeared before me ELOYSA V. MERCADO,to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary deed for the uses and purposes therein mentioned. SUBSCRIBED and sworn to before me this day of June, 2005. Notary Public in and for the State of Washington Residing at My Commission Expires Amended Real Estate Purchase&Sale Agreement-4