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HomeMy WebLinkAbout2005.08.22 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. August 22,200 1. CALL TO ORDER 2. VERBAL REPORTS FROM COUNCILMEMBERS: i 3. ITEMS FOR DISCUSSION: (a) Agreement for Promotion of Tourism: 1. Agenda Report from Gary Crutchfield,City Manager dated August 17, 2005. 2. Graph: Room Tax Receipts,2000-2005. 3. Tourism Promotion Agreement dated 7/16/01. 4. Proposed Agreement for Tourism Promotion. (b) Franklin County Affordable Housing Policy: 1. Agenda Report from Richard J. Smith, Community & Economic Development Director dated August 9, 2005. 2. Draft Interlocal Cooperation Agreement. 3. Summary of Advisory Committee Meetings. (c) Revised Agreement with PDDA for Operation of the Downtown Commercial Kitchen Business Incubator: 1. Agenda Report from Richard J. Smith, Community & Economic Development Director dated August 18, 2005. 2. Proposed Agreement. (d) Consultant Assistance for Establishment and Administration of Neighborhood Revitalization Programs: 1. Agenda Report from Richard J. Smith, Community & Economic Development Director dated August 17, 2005. 2. Creative Housing Solutions Statement of Qualifications. 3. Map of Target Areas. 4. Professional Services Agreement. (e) Interlocal Cooperative Agreement between the cities of Richland, Pasco and Kennewick for Animal Control Services: 1. Agenda Report from Webster Jackson, Administrative Services Manager dated August 9, 2005. 2. Proposed Interlocal Cooperative Agreement. (f) Increase the General Petty Cash Fund: 1. Agenda Report from Jim Chase,Finance Manager dated August 9, 2005. 2. Proposed Resolution. (g) Amended Agreement with Tri-City Youth Soccer Association for Use of Pasco Soccer Complex: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated August 4, 2005. 2. Proposed Agreement. (h) CBC Ramps Project Financing Agreement: 1. Agenda Report from Gary Crutchfield, City Manager dated August 17, 2005. 2. Interlocal Agreement: CBC Ramps Project Financing. 3. Proposed Addendum to Interlocal Agreement. (i) Agreement with Port of Pasco Business Park Project: 1. Agenda Report from Robert J. Alberts,Public Works Director dated August 16, 2005. 2. Proposed Airport Business Park Construction Agreement. (j) Agreement with WSDOT for the Improvements at I-182 and Road 68 Interchange: 1. Agenda Report from Robert J. Alberts, Public Works Director dated August 16, 2005. 2. Proposed Agreement with WSDOT for the improvements at I-182 and Road 68 Interchange. (k) Ainsworth Closure Update: 1. Agenda Report from Robert J. Alberts, Public Works Director dated August 16, 2005. Workshop Meeting 2 August 22,2005 (1) Video Taping/Broadcasting of City Meetings: 1. Agenda Report from Gary Crutchfield, City Manager dated August 18, 2005. 2. Memorandum from Management Assistant dated August 18, 2005. 4. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) S. EXECUTIVE SESSION: (a) (b) (c) 6. ADJOURNMENT. REMINDERS: 1. 4:00 p.m., Monday, August 22, Port of Benton — Hanford Area Economic Investment Fund Board Meeting. (COUNCILMEMBER MATT WATKINS) 2. 7:30 a.m., Thursday, August 25 — Tri-Cities Visitor & Convention Bureau Board Meeting. (COUNCILMEMBER TOM LARSEN) 3. 12:00 p.m., Thursday, August 25, Three-Rivers Convention Center — Luncheon featuring Jay Manning, Director, Washington State Department of Ecology. (MAYOR MIKE GARRISON, COUNCILMEMBERS REBECCA FRANCIK, EILEEN CRAWFORD, BOB HOFFMANN and TOM LARSEN) 4. 4:00 p.m., Thursday, August 25 — TRIDEC Board Meeting. (MAYOR MIKE GARRISON, Rep.; COUNCILMEMBER MATT WATKINS, Alt.) 5. 5:30 p.m., Thursday, August 25, 710 W. Court Street — Community Action Committee Meeting. (COUNCILMEMBER EILEEN CRAWFORD, Rep.; JOE JACKSON,Alt.) 6. 7:00 p.m., Thursday, August 25, 800 W. Canal Drive — Benton-Franklin District Board of Health Meeting. (COUNCILMEMBERS REBECCA FRANCIK and MATT WATKINS) 7. 12:00 p.m., Friday, August 26, Sacajawea Park — Lewis & Clark Bicentennial Council Meeting. (COUNCILMEMBER MATT WATKINS) AGENDA REPORT TO: City Council August 17, 2005 FROM: Gary Crutchfi Manager Workshop Mtg.: 8/22/05 Regular Mtg.: 9/6/05 SUBJECT: Agreement for omotion of Tourism I. REFERENCE(S): 1. Graph: Room Tax Receipts, 2000-2005 2. Tourism Promotion Agreement dated 7/16/01 3. Proposed Agreement for Tourism Promotion II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 8/22: Discussion 9/6: MOTION: I move to approve the five-year agreement with the Tri-Cities Visitor and Convention Bureau for promotion of tourism and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Estimated $70,000 annual expense; approximately half from room tax and half from the general fund. IV. HISTORY AND FACTS BRIEF: A) All three cities have long allocated a portion of their respective room tax receipts to the Visitor &Convention Bureau (VCB) to provide for the promotion of visitors and tourists to the community. In addition to promotional activities, the statute which authorizes the room tax to be collected also permits the funds to be expended on acquisition and operation of tourism related facilities (i.e., stadiums, convention centers, performing arts facilities, etc.). B) Since 1991, the three cities have maintained contracts with the Bureau which provide for the same general outline of services. The payment for those services has been fixed at a percentage of the average annual room tax receipts in the respective jurisdiction over the preceding five years. Initially, Pasco provided 40% of its receipts (through 1995); in 1995, the city agreed to increase that percentage to 50% over the ensuing five years (increasing 2% each year). Thus, since CY 2000, Pasco has provided 50% of its average annual receipts as payment for the Bureau's services (consistent with the other two cities). C) The collection of hotel/motel revenues (room tax receipts) over the past five years is reflected in attachment 1. Room tax receipts have been fairly static over the past several years, with a notable rise (approximately 8%) in 2004 and a similar increase projected for 2005. Most of the increase in room tax receipts are attributable to the presence of additional hotel rooms (AmeriSuites facility _opened last year and the Best Western opened earlier this year). D) The proposed agreement is essentially the same as the prior agreement, although it reflects a greater emphasis on sports marketing than did the old agreement. It is anticipated that sports marketing will benefit Pasco in view of the sport-related facilities (i.e., Edgar Brown Stadium, soccer complex and softball complex). Thus, the promotion of tourism is not only essential to sustain historical levels of room tax receipts, but also to promote more use of local facilities which will generate more tourism and, in turn, positively influence that segment of the Pasco and Tri-Cities economy (and local room tax receipts). V. DISCUSSION: A) Given the need to market the community's sport facilities coupled with the growth in rooms available in the Pasco market, it is vitally important to maintain an effective marketing program through the VCB. To that end, the proposed agreement will sustain the current program and, in view of the modifications of the agreement, should result in greater use of the sport facilities in Pasco over the next five years. As such, staff 3(a) recommends approval of the agreement. I U LO O d N d f C i C) O N I I N W M °o Z N W W ! j W e N N y � J I o 0 N MOO", i i I i d O O N I I Q p O O O O O Q O O O Q O O O 0 d O O O O o 0 C 0 Ct C C 0 0 Ln o ui 0 LO uS o M M N N T T O O r a . ` AGREEMENT FOR PROMOTION OF TOURISM This Agreement is made and entered into between the City of Pasco, a municipal corporation of the State of Washington, hereinafter referred to as the CITY, and the Tri-Cities Visitor and Convention Bureau, a non-profit corporation of the State of Washington,hereinafter referred to as the BUREAU. For the mutual considerations contained herein, the parties agree as follows: Y. (A) The BUREAU agrees to perform promotional services for the CITY, including but not limited to, advertising, publicizing and othemise distributing information for the purpose of attracting visitors and encouraging tourist expansion to and within the CITY. In providing such services, the BUREAU shall: I. Develop a marketing and promotional plan that advertises and promotes the Tri-Cities . and the CITY for the purpose of attracting visitors. Appropriate activities would include the publication and distribution of brochures, participation in travel shows, conducting advertising campaigns in targeted areas and other activities designed to promote the attractions of this area in targeted markets. 2. Solicit convention business for the Tri-Cities and the CITY at the regional and state level through activities such as: a) Calling upon convention planners and executives of organizations and groups soliciting meetings and conventions in the CITY. b) Contacting convention representatives of association groups made known to the BUREAU,promoting the CITY and offering convention-planning assistance. c) Preparing and distributing convention invitational packets including information on the CITY and the convention facilities available therein. . 3. Provide prospective organizations and convention representatives with familiarization tours of convention hotel facilities in Pasco for the purpose of assisting in the selection of a hotel or hotels in which to hold conventions and associated meetings. 4. Provide convention chairpersons and/or association executives with a convention bid packet and a convention planner's workbook to assist in planning conventions. 5. Operate a visitor information center in the Tri-Cities, providing literature and information to visitors to the Tri-Cities and the CITY and encouraging visitors to stay in the area. 6. Include advertising material in promotional packets and other releases promoting regular Tri-City activities and events. 1 �`l (B) Specific activities to be undertaken by the BUREAU each year reflecting actions to be taken in the above-noted categories of service shalt be detailed in an annual work plan. The work plan will be presented to the CITY for approval in January of each year. . II. (A) For the services herein contemplated and more fully described in the annual work plan, the CITY agrees to pay to the BUREAU fifty (50) percent of the annual average of hotel/motel tax receipts of the CITY during the five-year period immediately preceding the year for which the work plan is approved. Payment shall be made in equal monthly installments or quarterly upon billings setting forth the services rendered. (B) On or before July 30 of each year, the BUREAU shall conduct a mid-year review and present a status report detailing the services provided and the activities and accomplishments of the BUREAU. The mid-year report will be presented at a meeting conducted by the BUREAU for the City Council. III. (A) Pursuant to the governing statute, RCW 67.28.210, restrictions have been placed on the use of hotel/motel tax funds as set forth in relevant part as follows: "... Such taxes shall be levied only for the purpose of paying all or any part of the cost of acquisition, construction, or operating of stadium facilities, convention center facilities, performing arts center facilities, andlor visual arts center facilities, or to pay or secure the payment of all or any portion of general obligation bonds or revenue bonds issued for such purpose or purposes under this chapter, or to pay for advertising, publicizing, or otherwise distributing information for the purpose of attracting visitors and encouraging tourist expansion when a county or city has imposed such tax for such purpose..." (B) Funding is conditioned upon the BUREAU entering into this agreement setting forth the purposes for which the funds will be used, providing a procedure for a project-end accounting and ensuring compliance with the statute. To this end, the parties further agree as follows: 1. The BUREAU agrees to expend such funds to promote tourism in compliance with RCW 67.28.210. 2. At the conclusion of the calendar year, the BUREAU shall provide a complete accounting indicating how the funds were expended and the purposes therefore. 3. In the event the accounting indicates that funds were used for purposes not permitted by RCW 67.28.2 10 the BUREAU shall, within 30 days of notification by the CITY to the BUREAU of such improper expenditures, remit the disallowed amount back to the CITY. Agreement for Promotion of Tourism-Page 2 i . Y 4. Failure of the BUREAU to either provide the accounting or remit disallowed funds as required herein shall constitute a breach of this agreement. The remedies available to the CITY shall include but not be limited to, return of all funds delivered to the BUREAU and denial of the right of the BUREAU to apply for any fixture funding. 5. In the event suit is filed to enforce the terms and conditions of this agreement, the non-prevailing party agrees to pay the costs and reasonable attorney fees of the prevailing party. IV. - This agreement shall be effective January 1, 2002 and shall expire on December 31, 2005; provided, however, the city may terminate the agreement with at least one-year written notice delivered to the Bureau. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this 16th day of July 2001. CITY OF PASCO: )A t Michael L. Gamson ATTEST: APPR AS TO FORM: Catherine D. Seaman Leland B. Kerr Deputy City Clerk City Attorney TRI-CITIES VISITOR AND CONVENTION BUREAU: John Giv s, Chairman Kris Watkins, President& CEO Agreement for Promotion of Tourism - Page 3 AGREEMENT FOR THE PROMOTION OF TOURISM THE AGREEMENT is entered into between the CITY OF PASCO, a municipal corporation, hereinafter referred to as the "City", and the TRI-CITIES VISITOR AND CONVENTION BUREAU, a non-profit corporation, hereinafter referred to as the"Bureau". For the mutual considerations set forth herein, the parties agree as follows: I. The Bureau agrees to perform promotional services for the City including, but not limited to, advertising, publicizing and otherwise distributing information for the purpose of attracting visitors and encouraging tourist expansion to and within the City. In providing such services the Bureau shall: 1. Develop and implement a marketing and promotional plan that advertises and promotes the Tri-Cities and the City for the purpose of attracting visitors. Appropriate activities would include the publication and distribution of brochures, participation in travel shows, conducting advertising campaigns in targeted areas and other activities designed to promote the attractions of this area in targeted markets. 2. Solicit convention business and sports tournaments for the Tri-Cities and the City at the regional and state level through activities such as: A. Calling upon convention and sports planners and executives of organizations and groups to solicit sports, meetings and conventions in the Tri-Cities and the City. B. Researching convention and sports leads and contacting convention representatives of association groups and tournament representatives of sports groups, promoting the Tri-Cities and the City and offering convention and sports planning assistance. C. Preparing and distributing invitational convention and sports packets including information on the Tri-Cities and the City and the convention and sports facilities available therein. 3. Provide prospective sports organizations and convention representatives with familiarization tours of venues and convention hotel facilities in the Tri-Cities and the City for the purpose of assisting in the selection of a hotel or hotels in which to hold sports tournaments, and conventions and associated meetings. 4. Provide convention chairpersons and/or association executives and sports tournament directors with a bid packet and a planner's workbook to assist in planning conventions and/or sports tournaments. 5. Operate a visitor information center in the Tri-Cities, providing literature and information to visitors to the Tri-Cities and the City and encouraging visitors to stay in the area. AGREEMENT FOR THE PROMOTION OF TOURISM Page 1 of 3 6. Include advertising material in promotional packets and other releases promoting regular Tri-City activities and events. 7. Specific activities to be undertaken by the Bureau each year reflecting actions to be taken in the above-noted categories of service shall be detailed in an annual work plan. The work plan will be presented to the City for approval in January of each year. H. A. For the services herein contemplated and more fully described in the annual work plan, the City agrees to pay the Bureau fifty percent (50%) of the annual average hotel/motel tax receipts of the City collected from the first two percent (2%) levied for the five year period immediately preceding the year for which the work plan is approved. Payment shall be made in equal monthly installments or quarterly upon billings setting forth the services rendered; provided, however, that any monthly billings due and owing at the time of execution of this agreement shall be billed and paid in a lump sum. B. On or before July 30 of each year, the Bureau shall conduct a mid-year review and present a status report detailing the services provided and the activities and accomplishments of the Bureau. The mid-year report will be presented at a meeting conducted by the Bureau for the City Council. III. Pursuant to the governing statute, RCW 67.28.1815, restrictions have been placed on the use of hotel/motel tax funds as set forth in relevant part as follows: "...used solely for the purpose of paying all or any part of the .cost of tourism promotion, acquisition of tourism-related facilities, or operation of tourism-related facilities." Funding is conditioned upon the Bureau entering into this agreement setting forth the purposes for which the funds will be used, providing a procedure for a project-end accounting and insuring compliance with the statute. To this end, the parties further agree as follows: 1. The Bureau agrees to expend such funds to promote tourism in compliance with RCW 67.28.1815. 2. At the conclusion of the calendar year, the Bureau shall provide a complete accounting of the expended funds and the purposes therefore. 3. In the event the accounting indicates that funds were used for purposes not permitted by RCW 67.28.1815 the Bureau shall, within 30 days or notification by City to the Bureau of such improper expenditures,remit the disallowed amount back to the City. AGREEMENT FOR THE PROMOTION OF TOURISM Page 2 of 3 4. Failure of the Bureau to either provide the accounting or remit disallowed funds as required herein shall constitute a breach of this agreement. The remedies available to the City shall include but not be limited to, return of all funds delivered to the Bureau and denial of the right of the Bureau to apply for any future funding. 5. In the event suit is filed to enforce the terms and conditions of this agreement the non-prevailing party agrees to pay the costs and reasonable attorney fees of the prevailing party. IV. This agreement shall be effective January 1, 2006 and shall expire on December 31, 2010; provided, however, the City may terminate the agreement with at least one (1) year written notice delivered to the Bureau. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this (date). CITY OF PASCO MICHAEL L. GARRISON City Mayor ATTEST: APPROVED AS TO FORM: SANDY KENWORTHY LELAND B. KERR Deputy City Clerk City Attorney TRI-CITIES VISITOR AND CONVENTION BUREAU: EDWARD S. AROMI KRIS WATKINS Chairman of the Board President&CEO AGREEMENT FOR THE PROMOTION OF TOURISM Page 3 of 3 AGENDA REPORT NO. 64 FOR: City Council Date: August 9, 2005 TO: Gary Crutchfie 1 Manager Workshop: 8/22/05 FROM: Richard J. Smith, Director Community & Economic Deve opment SUBJECT: Franklin County Affordable Housing Policy 1. REFERENCE(S): A. Draft Inter-local Cooperation Agreement B. Summary of Advisory Committee Meetings II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 8/22/05: DISCUSSION III. FISCAL IMPACT None. IV. HISTORY AND FACTS BRIEF: A. In April, 2002, the Washington State Legislature required the payment of a $10.00 surcharge on all documents recorded in the County Auditor's office. Funds collected would be used for housing programs for people earning below 50 percent of area median income. B. At present, Franklin County has collected approximately $248,000 in surcharge revenue. The County collects about $80,000 annually. C. All projects assisted with these funds must be in accordance with an Inter-local agreement between the County and the City in which the project is located. D. On June 22-23, 2005 the Franklin County Commissioners conducted workshops to develop a policy for the allocation of affordable housing funds. The workshops were attended by the below listed people: June 22, 2005 June 23, 2005 Judith Gidley Andy Anderson Bob Koch Rick Smith Dave Hopper Theresa Richardson Kendra Simpson Kendra Simpson Vonie Aeschliman Vonie Aeschliman Rick Smith Judith Gidley Andy Anderson Bob Koch Debra Biondolillo Debra Biondolillo Neva Corkrum Dave Hopper Frank Brock Neva Corkrum Frank Brock Notes from the two workshops are attached as Exhibit B. 3(b) V. DISCUSSION: A. Under the terms of the draft Inter-local Agreement, funds would be deposited in a housing trust fund to be administered by the "Pasco Housing Authority, or similar entity, a qualified independent third party organization." The administrative entity is to distribute the funds through a competitive process. The Inter-local would be in force for a period of five years. Any party, however, may terminate the agreement upon a 12 month written notice. The administrative entity will be under an oversight committee of five people (one from each City and one from the County). B. Approval of this inter-local as now drafted would give control of the funds to the PHA and a committee heavily weighted toward the small towns and rural areas of the County. C. The County is asking for comments by August 31 st. Some of the questions that should be asked include: (1) The population of Pasco is now 44,190. The combined population of the three small cities and unincorporated area is 16,310. What is the rationale for giving Pasco only 1 vote in 5 when over 73% of the population resides in Pasco? (2) The City and PHA are not in agreement on housing priorities. What control will the City have over the nature and location of projects proposed to be located in Pasco? . (3) What specific authority will the oversight committee have over the PHA or a similar entity? Project approval? (4) What is a "similar entity"? After the Inter-local is signed, how would a "similar entity" be designated? (5) What criteria will be used to evaluate projects? The competitive process needs to be defined. D. By signing the Agreement as now drafted, the City would be giving the PHA and a committee representing rural areas authority to allocate funds as they see fit. The Agreement needs to be revised to give Pasco more weight on the oversight committee in recognition of the fact that almost 3/4 of the population resides in the City of Pasco. It would also be appropriate for each city to pre-approve and/or endorse any projects proposed for funding within its corporate limits. E. Based on discussions at the workshop, staff will prepare a comment letter for submission to the County prior to the August 31st deadline. Exhibit A INTERLOCAL COOPERATION AGREE - B ,_,, EN FRANKLIN COUNTY AND THE CITIES OF H, NNEL LOTUS, MESA, AND PASCO FOR THE PURPOSE= AD, I , RG SURCHARGE FUNDS GENERATED AS ALLOT = ER R - ,22. -78 a This agreement is entered into between Franklin County and,,; ,of Connell, laiotus, Mesa and Pasco for the purpose of creating an interlocal cooperati . '' ,ement for the use of funds created through the surcharge of ten dollars for each documen#r''' through the County Auditor's office to fund housing programs ely low inc ;` d very low income persons throughout Franklin County. �_ '�10 }- .w a AP ii} The Washington State Legislature sedlI bstitfite Ho , g If112060 during the 57th Legislative Session and Governor Locke _ d the biz Ap` ; 2002. It was subsequently codified as RCW 18.85.540, 36.18.0 a 22.178, 43 M` and 43.330.170. RCW 36.22.178; s the pa of a ten-dollar surcharge on documents_recorded in the County Audit purpos N ovi4ing funds for housing programs for extremely low r very low ersons,`t! 0 ovides that the revenues generated by this surcharge s4h be collected by t ty Auc �6r and utilized as follows: P K 11h Five percent(5%) o s may be retained for the County Auditor to pay for the t of revenue coil a on. b. ¢ rcent (4 �. of the remaining balance shall be transmitted monthly to the Wa e Office of Community Development or its successor agency. C. Sixty pe_ nt (60%) of the remaining balance shall be deposited in a fund that must beoused by Franklin County and cities therein for housing projects or units for very low income households below 50% of the area median income consistent with local housing needs and policies. The collected funds shall be deposited in a newly created local housing trust fund, with administration of the funds and allocation of same in the most equitable manner to be provided by the Pasco Housing Authority, or similar entity, a qualified independent third party organization. Interlocal Cooperation Agreement between Franklin County and the Cities—Low Income Surcharge Funds Page 1 of 4 I In consideration for the mutual housing benefits for extremely low income and very low income persons living throughout the entire Franklin County area, the above partners agree as follows: A. The purpose of this agreement shall be to provide for the administration and expenditure of revenue generated from the recording surcharge authorized under the provisions of Substitute House Bill 2060. B. That portion of the revenue generated from the surcharge that is allocable to extremely low to very low income housing needs "hi r County shall be collected by the Franklin County Auditor and 1 using trust fund. Under a separate contract the fund will be adinistered 'T Pasco Housing Authority, or similar entity, to be distributedw�� ough rip- p rocess,for use as provided under the terms of this agreemer � sco Ho uthgity, or similar entity, shall charge a six percent(b%) s �.charge to a funds;,, ..� H 1. Acquisition, construction, or rehabilitation of h � ,by ects or units within housing projects that §';fable to very ncome persons with incomes at or below fy per 0%) of th ea median income. 2. Supporting building oper`"ion an n ' costs of housing projects or units within hous' p' is- ilt wt = hington State Housing Trust Funds,that A � ordabl very lw income persons with incomes at or below f1 Kent (50 0%/). a median income, and that require a sup t to rent me I cover ongoing operating expenses. 3. cots ergency shelters and licensed overnight youth C. -This agreement s ist for f (5)years from the date of execution and shall be deemed automa `y renewed for consecutive five (5) year periods thereafter T unless any party ele o terminate the agreement. This agreement may be inated effective on the expiration of the initial five (5) year period or any uent five (5 ar period by the terminating party giving written notice of t 6, ion to th ther parties not later than the sixtieth(60th) day prior to the expi f ' term. Such notice of termination shall be by appropriate action of the governing body of the terminating party. Notwithstanding any other pr sion of this agreement, any party may terminate this agreement upon a twelve 2) month written notice of intent to terminate. This agreement may be amended, altered or changed in any manner by the mutual written agreement of the parties. D. Each party shall assume the risk of,be liable for, and pay all damage, loss, cost and expense of its officers, officials, and employees arising out of any duty performed, or not performed, while acting in good faith within the scope of this Interlocal Cooperation Agreement. Interlocal Cooperation Agreement between Franklin County and the Cities-Low Income Surcharge Funds Page 2 of 4 E. The Pasco Housing Authority, or similar entity, shall at least annually provide each of the parties with a written summary of the funds expended under the terms of this agreement. F. Prior to its entry into force, this agreement shall be filed with the Franklin County Auditor. G. The Pasco Housing Authority, or similar entity,will administer this fund under an oversight committee of five; one from each City and one from the County, to be appointed by the respective entity. !; Adopted this day of 2005. =, p BOARD OF C, 0 Tt ikRS FRANKLIN COUN ASHINGTON , lip sl.. 13� Fr H. B tlZ Attest: Neva J. C ' , Chair Pro Tem j{ t� •,�S 3 �A:Ij. 4 Clerk to th and ' R ert E. Koch, Member !lip Approve '' orm: Ryan E. Verhulp `� { Chief Civil Deputy Pr A utor laterlocal Cooperation Agreement between Franklin County and the Cities—Low Income Surcharge Funds Page 3 of 4 CITY OF CONNELL CITY OF KAHLOTUS Gary Walton, Mayor Donna Fone, Mayor Attest: Attest: Joan Eckman, City Clerk Sharon �06, C ' Approved as to Form: Appro '�',-., ;` s,• Form: �2 i`�; ,: Terry Tanner, City Attorney Alan Gunter, mey y�. d. . r t •$ t CITY OF MESA W. n C' O ASCO Patti Bailie, Mayor - •,,,, � ''' Michael Garrison, Mayor Attest: a Attest: a• Terefa St , City Clerk Webster U. Jackson, City Clerk Approved as to F ; : Approved as to Form: t; Terry Tanner, City AH6 mey Leland B. Kerr, City Attorney Interlocal Cooperation Agreement between Franklin County and the Cities—Low Income Surcharge Funds Page 4 of 4 Exhibit B Affordable Housing Workshops June 22 & 23, 2005 Report The workshop functioned to: • Help this group develop a shared vision • Bring about practical consensus • Establish priorities Workshop Outcomes: • Develop priorities for what the funds will be used • Create guidelines for how the funds will be distributed Strategic Directions Workshop 1—June 22, 2005 Context: Group Discussion What is the purpose of the Affordable Housingfund? • For individuals who's incomes are not high enough for standard housing (example: up to code) • Targeted to very low (30%) and low (50%) population (see exhibit B, pg.1) • Targeted to geographic areas of need • Improve quality to standard • Raise quality of life • Access to affordable housing • Provide transitional housing • Provide supportive services (example: case management) Focus Question #.l: Given the puCpose of this fujgl, What do we Want to do In the arena of a of-dable housing? Case Management Services ➢ Intensified case management ➢ Case management services ➢ Case management ➢ Help finding jobs ➢ Life skills education ➢ Transportation maintenance ➢ Landlord/tenant education ➢ Housing maintenance education ➢ Job search education ➢ First time home buyer training ➢ Property maintenance counseling ➢ FamiIy Dousing stability planning ➢ Home repair and maintenance ➢ Make home family focal point Housing Subsidy ➢ Financial assistance to keep homes in good repair ➢ Make land available ➢ Renovate existing buildings ➢ Work toward energy efficient homes ➢ Housing rehabilitation assistance ➢ Develop/recondition new units ➢ Provide rent assistance ➢ Rent subsidies ➢ Rent subsidy for rental units ➢ Existing housing maintained ➢ Down payment assistance ➢ Target ultra-low income (GAU 339— SSI 3-400) ➢ Provide sanitary housing ➢ Write down cost of"for sale" homes Targeted Populations ➢ Emergency shelters ➢ Scattered site housing vs. congregations ➢ Year round worker housing ➢ Chemical dependency recovery(clean & sober) ➢ Target MH & DDD clients ➢ Overnight youth shelters ➢ Transitional funding for homeless family (vouchers) (VLIL) ➢ Group homes ➢ Provide secure, safe housing ➢ Help less fortunate ➢ Level the playing field ➢ Equal access ➢ Domestic violence victims transitional funding (very low income level) ➢ Support low/no income ➢ Establish housing complex Additional Strategies ➢ Match for federal $$ Focus Question #2: Criteria What are some fair and equitable ways of distributhw the affordable housing funds? Criteria for Targeted Population & Elipibility ➢ Target families with kids ➢ Prioritize based on income level ➢ By need ➢ Prioritize based on serving the greatest number of people ➢ By income ➢ Distribute based on income and fami ly composition ➢ Dependents A Age ➢ Target those with least ability to generate income A Different levels of assistance per income group ➢ Income formula ➢ Homelessness a priority for funds Criteria for Distribution ➢ Assure all communities receive resource(Kahlotus, Mesa, Connell) ➢ Grants awarded based on need ➢ Set criteria and services ➢ By geographical area ➢ Competitive applications ➢ RFP System Criteria for Funding Uses ➢ Use $ to "seed"bigger projects ➢ Vouchers ➢ Emergency funds A Gap financing Strategic Directions Workshop II —Jane 23, 2005 The p �a ose of the Franklin County Affordable Housing fiend is to provide Housing subsidy and case management services to targeted low income populations. In 3 months a plan will be implemented for use of funds, eligibility for targeted populations and distribution methodolo y. Context: In this session we will take a look at our current reality. Focus Question #3: What are the issues and obstacles that block us f oin ,noving toward this ,zoal? Sustainable Funds ➢ Sustainable level of funding ➢ More needs than money available ➢ More needs than there is $$ ➢ Limited funds available ➢ Limited number of experienced housing providers Too many Targets for this $$ ➢ Establishing criteria for eligibility ➢ Information to targeted groups ➢ What population to target? ➢ Homeless youth ➢ Domestic violence victims ➢ Single parent families ➢ People with special needs ➢ No targeted groups ➢ Common eligibility—diverse population ➢ Determine the target population ➢ Getting services to those in need ➢ Homeless families with children No Administrative Infrastructure ➢ Decision making leadership to follow thru ➢ Administration ➢ Different agendas by agencies ➢ Commitment of time ➢ Infrastructure for options—admin. Plan No Plan ➢ Implementing a new program (coordination) ➢ Prioritizing funds/projects ➢ Clarity of plan ➢ Deciding distribution of funds ➢ Lack of distribution method ➢ Priorities of options ➢ Distribution process ➢ Need community wide comment and buy-in ➢ RFP process rules ➢ No geographic determinations ➢ Lack of plan Focus Question #4: What innovative and practical action could we take to deal with the obstacles and move its toward our goal? Prioritizing Needs ➢ Identify existing programs to expand ➢ Identify greatest need ➢ Find gaps in services ➢ Identify greatest potential impact ➢ Select largest area of need ➢ Prioritize target groups ➢ Establish service population ➢ Prioritize need areas ➢ Action plan to meet needs of target population ➢ Prioritize target population ➢ Determine what population is most in need ➢ Choose a target population Develop a Plan ➢ Dedicate fund amounts to several top priorities ➢ Create an ad board ➢ Decide admin. Procedure ➢ Hold an info forum ➢ Engage providers to develop/implement plan ➢ Establish detailed time line ➢ Develop a plan ➢ Determine infrastructure ➢ Identify or develop service infrastructure ➢ Public info (plan development/narrow priorities) ➢ Create a plan for target population ➢ Locate agency/team/etc, to manage program ➢ Select a service provider ➢ Contract with distributor Budge ➢ Identify ways to leverage other funds ➢ Develop budget ➢ Maintain sustainability ➢ Decide to (or not to) use portion to "grow" $ ➢ Factor in the cost of plan sustainability Focus Question: #5: Group Discussion What do we intend to do in the nest 90 days? Implementation Steps Who 1. Introduce to other government entities Commissioners 2. Convene Advisory Board (include representatives from rural Commissioners communities) _ 3. Select agency to administer(request letters of interest and interview) Commissioners 4. Determine target audiences Commissioners 5. Develop application by using existing agency application Advisory Board 6. Hold a public forum 7. Target Audience—Gap Services 1. Emergency only 2. 1 s`per year 3. Demonstrate they have tried other sources of assistance 4. Demonstrate short term request 5. Use existing applications as templates Advisory Board ➢ 9-12 people is good working size ➢ Include Agency People ➢ Locations needing representation — Basin City — Mesa — Pasco — Kahlotus ➢ Expectations? — Quarterly meeting? — Revisit criteria for$$ — Report to Commissioners Questions to ask? ➢ Is this a Working group? — Do forums — Establish criteria ➢ Traveling board? — Travel stipend? Commissioner's Task 1. Advisory committee administered by agency and staff support 2. Determine how to get people to meetings (travel stipends, etc.) 3. Help agency with criteria for applications 4. Determine audit procedures you want AGENDA REPORT NO. 68 FOR: City Council . Date: August 18, 2005 TO: Gary Crutchfie Manager Workshop: 8/22/05 Regular: 9/6/05 FROM: Richard .J. Smi , Director '1� Community& Economic Development SUBJECT: Revised Agreement with PDDA for Operation of the Downtown Commercial Kitchen Business Incubator I. REFERENCE(S): A. Proposed Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 8/22/05: DISCUSSION 9/6/05: MOTION: I move to approve the Agreement with the Pasco Downtown Development Association for operation of the Downtown Commercial Kitchen Business Incubator and authorize the City Manager to sign the Agreement. 111. FISCAL IMPACT IV. HISTORY AND FACTS BRIEF: A. In September, 2002 the City Council approved an Agreement with the Pasco Downtown Development Association (PDDA) for the management of the Downtown Commercial Kitchen Business Incubator located at 106-108 South 411, Avenue. B. Since the inception of the Agreement, the City has allocated CDBG funds to the PDDA to offset operating costs of the facility. Additional CDBG funding is not part of this Agreement. The PDDA request for CDBG funding will be considered later this year along with funding requests by other.agencies. C. The PDDA has asked that the Agreement be updated and clarified. V. DISCUSSION. A. It has been the City's expectation that the kitchen would be operated like a traditional business in which revenues will be used to maintain and periodically update the facility. Any surplus funds beyond that expectation could be used to support PDDA economic restructuring activities. It is hoped that eventually the kitchen will be self-supporting. B. The revisions to the Agreement are more for clarification than policy changes. The notable changes are as follows: 1) Condition #1 explicably states that the PDDA has the authority to operate the facility. 2) Condition #7 states that the PDDA will not be compelled to subsidize the kitchen in the event that expenses or costs exceed revenues. 3) Condition #8 reflects the reality that funding will be from the CDBG program on a year-to-year basis. 4) Condition #14 The Agreement will remain in effect until terminated by one of the parties upon thirty (30) days notice. C. The PDDA is in agreement with the revised contract. 3(c) DOWNTOWN COMMERCIAL KITCHEN BUSINESS INCUBATOR AGREEMENT THIS AGREEMENT, made and entered into as of this ,z day of August, 2005, by and between the City of Pasco, a Municipal Corporation of the State of Washington (hereinafter referred to as "City") and the Pasco Downtown Development Association, a Washington nonprofit corporation (hereinafter referred to as "PDDA"). WHEREAS, the City owns a buildings located at 110 South Fourth Avenue, with the power to grant rights and privileges with respect thereto, as hereinafter provided; and WHEREAS, the City, utilizing grant funds provided by the U S. Economic Development Administration and the North American Development Bank, improved 110 South Fourth Avenue for use as a commercial kitchen business incubator; and WHEREAS, the PDDA is engaged in the development and promotion of downtown Pasco and has operated over the past several years a "Pasco Farmer's Market" in the vicinity of the commercial kitchen business incubator; and WHEREAS, the. City is willing to grant PDDA such rights and privileges upon the terms and conditions hereinafter provided; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and other valuable considerations, the City does hereby grant unto PDDA permission to utilize the property at 110 South Fourth Avenue as a commercial kitchen business incubator. THE TERMS AND CONDITIONS ARE AS FOLLOWS: (1) The PDDA shall have the right to rent the facility, establish rental rates, purchase necessary equipment, hire/dismiss staff and other actions necessary to operate the commercial kitchen business incubator in accordance with the purposes established by the Economic Development Administration and the North American Development Bank. (2) The PDDA will hold the City harmless and indemnify the City against all claims, suits, damages, costs, losses and expenses in any manner, rising out of, or connected with the commercial kitchen business incubator. (3) PDDA agrees to maintain insurance coverage with minimum liability limits of $1,000,000 per occurrence and minimum property damage of $25,000 per occurrence coverage for the commercial kitchen business incubator. The City will be named as an additional insured on such policy. PDDA will provide the City with a certificate of such insurance coverage. (4) PDDA will require each and every user at the commercial kitchen business incubator to sign a Contract of Indemnity on the form set forth as Exhibit "A" hereto. Each user of the facility shall be required to sign a new agreement annually and the PDDA shall hold and maintain the agreement for a period of at least three (3) years from the date of signing. (5) The PDDA shall establish appropriate fees and charges for the use of the commercial kitchen business incubator. The use of such funds collected shall be limited to payment of expenditures for staff salaries, advertising, promotion, insurance, utilities, maintenance, management,-and other costs directly attributable to the operation of the Incubator. After the payment of expenditures, any excess funds shall go to the PDDA economic restructuring budget. (6) The PDDA shall be responsible, at its own cost and expense, for the routine cleaning, maintenance and upkeep of the commercial business incubator building, including supplies as required to operate the premises and minor, nonstructural, repairs, including plumbing (i.e., faucets, fixtures and exposed pipes) and electrical (i.e., switches, outlets, fixtures, etc.) all in accordance with customary standards for similar facilities and prudent maintenance practices. (7) In the event that the costs of maintenance or repairs exceed the revenues derived from the operation of the commercial kitchen the PDDA would not be obligated to provide additional funding from other sources. In such an event, the PDDA shall provide the City with a revenue-expense report and request necessary funding. (8) On an annual basis, the PDDA shall apply for an allocation of CDBG funds in accordance with the established schedule and procedures. Any funds awarded shall be disbursed in accordance with the provisions of the CDBG Subrecipient Grant Agreement. (9) The PDDA shall administer the commercial kitchen business incubator in accordance with the provisions of the grant 2 agreements with the U.S. Economic Development Administration, North American Development Bank, and US Department of Housing 8v Urban Development. The PDDA shall file required job creation and other progress reports in a timely manner. (10) The PDDA shall maintain written rules and guidelines for the commercial kitchen business incubator operation. (11) The PDDA shall maintain adequate financial records and submit a written report to the City Manager by November 1st of each year. The records shall include the incubator's income, expenditures, users, and other market activities. Such records shall be kept for at least a period of three (3) years or longer at the direction of the City Manager. (12) The PDDA shall comply with applicable federal, state, and local laws and regulations. (13) No person shall, on the grounds of race, color, sex, religion or national origin, be excluded from participation in the commercial kitchen business incubator activities or be subject to discrimination. (14) This Agreement shall continue until either party gives thirty (30) days written notice to the other party of its termination. (15) The terms and conditions of this Agreement may be modified only in writing on the signature of both parties. PASCO DOWNTOWN DEVELOPMENT CITY OF PASCO ASSOCIATION President Michael L. Garrison, Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney 3 AGENDA REPORT NO. 67 FOR: City Council Date: August 17, 2005 TO: Gary Crutchfi Manager Workshop: 8/22/05 Regular: 9/6/05 FROM: Richard J. Smith, Director �� Community & Economic Development SUBJECT: Consultant Assistance for Establishment & Administration of Neighborhood Revitalization Programs I. REFERENCE(S): A. Creative Housing Solutions Statement of Qualifications B. Map of Target Areas C. Professional Services Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 8/22/05: DISCUSSION 9/d/05 MOTION: I move to approve the Professional Services Agreement with Creative Housing Solutions in an amount not to exceed $10,000 and authorize the City Manager to sign the Agreement. III. FISCAL IMPACT $10,000 Federal HOME funds. IV. HISTORY AND FACTS BRIEF: A. Pasco entered into a HOME consortium Agreement with Richland and Kennewick in 1995 making the City eligible for Federal HOME funds. In April 2005, this Agreement was extended to 2007. B. Pasco has utilized its share of HOME funds for a new construction program in the vicinity of 24th Avenue and Henry streets. Under the terms of this program the City built 23 new homes and sold them at a write-down that was affordable to lower income families. This project is now completed. C. As of today, the City has over $850,000 available in new HOME funds and program income from the sale of homes in the Henry Street project. Under Federal regulations these funds need to be under contract with a third party by December 31, 2005. D. At the March, 2004 City Council Retreat, "Neighborhood Redevelopment" was listed as a goal for 2004-2005. The Redevelopment Strategy Plan, accepted by Council in 2004, recommends that assistance programs be concentrated in two neighborhoods in the vicinity of Longfellow School and the Franklin County Historical Museum (see Exhibit B). E. Key elements of the Revitalization Plan are providing financial assistance for the rehab of existing homes and providing down payment assistance to encourage owner occupants to move into the area. 3(d) I F. The City recently hired a full-time "Urban Development Coordinator" to replace the one half-time CDBG Coordinator who was responsible for grant administration. The Urban Development Coordinator will be responsible for both downtown and neighborhood improvement programs as well as grant administration. G. The administration of housing rehabilitation and down payment assistance programs is staff intensive and complex requiring: 1) Development of program regulations in accordance with Federal requirements; 2) Marketing the program to homeowners, contractors and lending institutions; 3) Certifying the incomes of program participants; 4) Inspecting properties, preparing plans and specifications for bid documents, bidding out the jobs, and inspection of the work. H. To assist the Urban Development Coordinator, staff advertised for the assistance of a qualified consultant to set up and eventually administer these programs. V. DISCUSSION: A. In response to the Request for Qualifications, the City received one response from Creative Housing Solutions in Yakima. B. Staff believes that Creative Housing Solutions is well qualified to perform this work and would recommend that a contract for the development of program regulations for housing rehab and down payment assistance programs be entered into. C. Upon Council approval of the program regulations it is anticipated that a second contract for administration of the programs would be presented to City Council for review and approval. D. A standard professional services agreement is attached. The work will be completed within 30 days. The consultant will bill the City at the rate of $65.00 per hour for actual costs incurred in an amount not to exceed $10,000. li Exhibit A Creative Housing Solutions Statement of Qualifications Creative Housing Solutions is a private for-profit corporation. The company is licensed by the State of Washington and holds the status of being a Certified Women Owned Business. The company has been established as a consultant for the State of Washington to assist small communities in their need to identify, assess and implement community based programs. The company also has the same designation as a national representative to assist communities and agencies in the arena of housing and urban development. Our company provides technical assistance for compliance with federal requirements. WHAT WE DO: • Administer federally funded housing programs for small cities • Provide technical assistance to communities involved in start up housing programs • Facilitate partnerships for community housing benefit • Develop farmworker housing projects for growers • Provide community housing needs assessments • Write or update any Comprehensive plan • Assist in compliance with the State's Growth Management Act WHAT WE CAN DO FOR YOU: • Staff training • Regulation research&advisement • - Program design • Project implementation • Housing assessment • Housing condition survey • Agency liaison • Financial packaging • Organization meetings • Develop policies and plans for organizations making funding requests for resources • Consult for governments WHY WE DO IT: We have made a commitment to the development of safe,adequate housing for all the residents in our communities. Our plan includes: • A strong belief that decent, affordable housing is the basis of neighborhood stability, the economic development of the community, and will support basic family strengths and values • Improving the quality of life in our neighborhoods And finally the rewarding experience of assisting communities to become self-reliant Creative Housing Solutions presently has a four member staff. They have a combined experience in Community and Governmental programs at Federal, State and local government exceeding fifty or more years. Dixie Kracht-President Jean Vickers-Staff Cheryl Miller-Staff Christina Aubrey- Staff In addition Creative Housing Solutions contracts with people as needed to facilitate projects. At this time we have two people under contract; one certified building inspector and one Spanish interpreter. Some of the government agencies that have been assisted by our company are as follows: Kennewick,WA: Creative Housing Solutions designed and implemented a housing rehabilitation program. This program rehabilitated in excess of thirty-eight homes. Then we provided training for the staff at Kennewick to continue the program in the future. Pasco,WA: Creative Housing Solutions trained the city staff in the development of a fair-housing plan for their community. The design allows for the establishment of programs based on the results of this plan annually. Tri-Cities,WA: A contract was established to provide technical assistance for the Consortium to meet the federal requirements under the lead based paint mandates. Naches,WA: Our office monitors the Town of Naches rehabilitation program to insure program compliance with all Federal regulations. Sunnyside,WA: Creative Housing Solutions contracted with an agency to put together a housing fair held at the Mid-Valley Mall. We also facilitated a community advisory group to establish a mission and g oal statement and assisted them in outlining their primary obJ ectives. Trained the group in the solicitations and evaluations of project submissions. San Juan,WA: Creative Housing Solutions researched and wrote a housing needs assessment for their use in both the Growth Management requirements and to understand and implement needed housing programs. Union Gap,WA: Creative Housing Solutions has assisted the City in securing a planning grant from the State of Washington to do a housing needs assessment. We then researched and wrote the housing needs assessment. We will continue to work closely with the city to assist them in implementing any housing projects or programs resulting from the assessment. Toppenish,WA: We have established a contract to implement and problem solve their housing rehabilitation program and provide grant close out to the State. As well as maintain the escrow files from completed rehabilitation projects. Mattawa,WA: The Town of Mattawa has contracted with our company to provide a housing survey and assess the housing need in their community. This information will be used to update their Comprehensive Plan. Pacific County,WA: Pacific County has contracted with our company to provide a housing survey and assess the housing need in their community. This information will be used as a tool for strategic planning for their Housing Authority. State of Washington: A contract was established to design and implement the Farmworker Housing One Stop Center to assist the flow of information and provide continuity regarding communication and regulatory enforcement for farmworker housing. Our office wrote and published a technical assistance manual to assist farmers through the regulatory maze of requirements. Our company is presently implementing the Rural Infrastructure Loan Program for the State. Approximately two million dollars have been given to more than 50 farmers, providing 2,500 beds for farmworkers in our state. There are many private persons who have received technical assistance from our company regarding regulatory issues, project planning, site design,and project oversight. 0 Z ; z ro y x Exhibit B m X z z A N. 11TH AVCA N N. 11TH AVE m y N y 7 � N. 10TH AVE r A n� 9SH f� N. 8TH AVE N. 8TH AVE � � s y pVF X m N-lBA P N ESN O -ISN PIKE 7TH AVE N. 7TH AVE PIKE D A 2 P•lE s. N gSN P a N. 5TH AVE N. 5TH AVE m � y O ; n V m > D S Zm5 A Xu A s ST'' N. 4TH AVE n J' �- J+ P p P Y f Z N 3R x Ln 5• N. 04 1p P VE v4 S 2Np P� f $N V, TN� � 4 3Rp P N 1�p P s 0 P % S. P s� s P CITY OF PASCREIGHBORHOOD FIGURE REDEVELOPMENT STRATEGIES AREA LOCATION MAP I Exhibit C PROFESSIONAL SERVICES AGREEMENT between the City of Pasco THIS AGREEMENT, made and entered into b y , hereinafter referred to as the "City", and Creative Housing Solutions, Inc., hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide neighborhood revitalization consulting services. with respect to the establishment and administration of housing rehabilitation and down payment assistance programs. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scone of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with the scope of work which is attached as Exhibit A. 2. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant shall not be considered public records, provided, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost, if the contract is terminated through default by the contractor. If the contract is terminated through convenience by the City, the City agrees to pay contractor for the preparation of the summary of work done. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and material basis as set forth on the fee schedule found in Exhibit A, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of$10,000. Creative Housing Solutions, Inc. 1 Neighborhood Revitalization Programs i B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly and within thirty(30) days of execution of this Agreement. 5. Hold harmless agreement. In performing the work under this contract, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnitees"), from all suits, claims, demands, actions or proceedings, and to the.extent permissible by law, indemnify and hold harmless the Indemnitees from A. all damages or liability of any character including in part costs, expenses and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement; and B. all liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Consultant or any person or organization for whom the Consultant may be responsible, arising out of, in connection with, resulting from or caused by the performance or failure of performance of any work or services other than professional services under this Agreement, or from conditions created by the Consultant performance or non-performance of said work or service, regardless of whether or not caused in part by the party indemnified hereunder. 6. General and professional liability insurance. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to this contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. The City shall be named as the certificate holder on the general liability insurance. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. Creative Housing Solutions, Inc. 2 Neighborhood Revitalization Programs 7. Discrimination rohibited. Consultant shall not discriminate against an p g Y employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractor during the performance of this contract. 9. City approval. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten(10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 13. Non-assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 14. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 15. General Provisions. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney's fees and costs. Creative Housing Solutions, Inc. 3 Neighborhood Revitalization Programs 16. Notices. Notices to the City of Pasco shall be sent to the following address: COMMUNITY& ECONOMIC DEVELOPMENT CITY OF PASCO P. O. BOX 293 PASCO, WA 99301 Notices to the Consultant shall be sent to the following address: CREATIVE HOUSING SOLUTIONS, INC. ATTN: DIXIE KRACHT, PRESIDENT 8 EAST WASHINGTON AVE, SUITE 110 YAKIMA, WA 98903 (509) 454-2668 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U. S. mails, with proper postage and properly addressed. DATED THIS DAY OF , 20 CITY OF PASCO CONSULTANT: By: By: Michael L. Garrison, Mayor Title: r ATTEST: APPROVED AS TO FORM: Sandy Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney Creative Housing Solutions, Inc. 4 Neighborhood Revitalization Programs i Exhibit A CITY Or I'ASCO SCOPE OF WORK The City of Pasco as a participating member of the Ilomc Consortium will be implementing a homeownership downpayment assistance program and an owner occupied rehabilitation program. I It will be the responsibility of the contractor to design and implement (lie HOME program through its original phase of program revenue. This will be accomplished in two separate stages. The first being the program design and set up. This will include the following activities: • Working with other members of the consortium: ']'his will include compliance with all of the consortium program guidelines, and participation with those parties as representation of Pasco. • Developing .HOME program partners: This will include working with local financial institutions in their participation of tfie homeownership program. Identifying other local entities as being potential beneficial participating partners. • Securing participating entities for program operations: This will include the solicitation and pre-qualification of construction contractors, appraisers and other related trades. • Design the program in accordance with all regulatory requirements: I'liis will include a written manual with all of the required forms, reports and data gathering tools as needed to implement the program. • Establish an administrative operational manual. This will include file procedures for record keeping and reporting data for program compliance. Included will be the required forms and reporting schedule needed to document benefits, costs and other related audible requirements. • Provide program Reports. This will include monitoring the program progress and providing written reports to all entities involved as required and established by the operational manual. The referenced administrative duties as listed above will be billed at an hourly rate of_ $65.00 per hour. AGENDA REPORT FOR: City Council August 9, 2005 TO: Gary Crutchfi i Manager Workshop Mtg.: (08/22/05) Stan Strebel, C Direct , YJ FROM: Webster Jackson, Administrative Services Mgr. Regular Mtg.: (09/06/05) SUBJECT: Interlocal Cooperative Agreement between the Cities of Richland, Pasco, and Kennewick for Animal Control Services. I. REFERENCE(S): 1. Proposed Interlocal Cooperative Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 08/22: Discussion 09/06: MOTION: I move to approve the interlocal cooperative agreement between the cities of Richland, Pasco, Kennewick Washington for animal control services and, further, authorize the Mayor to sign the agreement. 1[II. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The Interlocal Agreement was originally executed by all three cities on March 16, 1998 and was in place for three years with an automatic three-year renewal through December 31, 2003. This proposed agreement will extend from the period of January 1, 2004 through December 31, 2012. A) The purpose of the Interlocal Agreement is to: Create and establish a Tri-City Animal Control Authority to provide for the common administration and enforcement of Animal Control Regulations throughout all three participating cities on a cooperative and consistent basis; create a Management Committee to determined the best manner in which to provide animal control services including contracting with an independent contractor or a member entity for the provision of some or all of the Animal Control Services required for the purpose of sharing the services and responsibilities among the cities in the most efficient manner; equally share the cost of basic Animal Control Services and achieve an overall cost saving for each city; select and empower a City to serve as the Operative Jurisdiction for the day to day management of Animal Control Services including providing, if necessary, the manpower and facilities required to carry out all or a portion of the animal control function. The City of Kennewick is the designated Operative Jurisdiction for 2004-2006; City of Pasco 2007-2009; and City of Richland 2010-2012. B) The City Manager or his designee of the Operating Jurisdiction shall serve as the chair of the Management Committee. The agreement will automatically be renewed annually unless any City gives written notice of its intent to withdraw at least twelve (12)months prior to the designated date of withdrawal. City staff has reviewed the Interlocal Agreement and recommend council approval. 3(e) i I 1NTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITIES OF RICHLAND, PASCO, KENNEWICK WASHINGTON FOR ANIMAL CONTROL THIS COOPERATIVE AGREEMENT is entered into this day of , 2005, among the City of Kennewick, Washington hereinafter referred to as "Kennewick", Pasco, Washington, hereinafter referred to as `Pasco', and Richland, Washington, hereinafter referred to as "Richland", all municipal corporations of the State of Washington collective referred to as "Cities". WHEREAS, the Cities are, pursuant to Chapter 39.34 R.C.W. the Interlocal Cooperation Act, authorized to exercise their powers jointly thereby maximizing their ability to provide services and facilities which will best fulfill common needs of the Cities, and; WHEREAS, the Cities, by their respective City Councils, have determined that animal control services may be best implemented on a shared basis in a manner deemed most efficient and effective for the cities, now, therefore, and in consideration of the mutual covenants contained herein, it is agreed as follows: SECTION I PURPOSE The purpose of this Interlocal Agreement is: 1. To create and establish a Tri-City Animal Control Authority to provide for the common administration and enforcement of Animal Control Regulations throughout all three participating Cities, on a cooperative and consistent basis. 2. To create a Management Committee to determine the best manner in which to provide animal control services including contracting with independent contractor or a member entity for the provision of some or all of the Animal Control Services required for the purpose of sharing the services and responsibilities among the Cities in the most efficient manner; 3. To select and empower a City to serve as the Operative Jurisdiction for the day to day management of Animal Control Services including providing, if necessary, the manpower and facilities required to carry out all or a portion of the animal control function as identified in the Agreement' 4. To equally share the cost of basic Animal Control Services provided in this Agreement; 5. To achieve an overall cost savings for Animal Control Service to each city by avoiding redundant expenses, activities and facilities while enjoying the efficiencies of scale based upon service to the combined territorial jurisdictions of the Cities; and i i 6. Preserving to each city its ability to establish its own individual standards, regulations and fees for animal control; and 7. To provide for efficient and effective Animal Control Services for the citizens of the Cities. SECTION II ADMINISTRATION Administration of the Tri-City Animal Control Authority shall be conducted in the following manner. 2.1 Management Committee. The City Manager or his designee from each of the Cities shall constitute the Management Committee. The Management Committee shall meet not less than once per calendar quarter as necessary to accomplish the purposes of this Interlocal Cooperative Agreement. The Management Committee shall be responsible for preparing a plan for Animal Control Services, subject to approval by the council of each city for providing Animal Control Services within the total jurisdictional territory of the Cities. The Management Committee shall: (a) Be responsible for establishing policies for implementation of the Animal Control Plan adopted by the Cities; (b) Approve and execute contracts for services necessary for the implementation of the plan; (c) Develop a proposed annual budget for presentation to each City Council for approval and adoption for each calendar year during the term of this Agreement; (d) Provide reports of the activities and progress of the plan for each City Council, (e) Provide a venue for dispute resolution among participants of the Animal Control Plan; and (f) To provide such administrative assistance, expertise and direction as is necessary for the successful implementation of the Animal Control Plan. The representative of the Operating Jurisdiction shall serve as the chair of the Management Committee. INTERLOCAL COOPERATIVE AGREEMENT TRI-CITY ANIMAL CONTROL SERVICES-2- i 2.2 Operating Jurisdiction. One of the Cities shall be designated as the Operating Jurisdiction for the Tri-City Animal Control Authority. The Operating Jurisdiction shall be responsible for the day-to-day operations of the Animal Control Services including the enforcement of the rules, regulations and ordinances of the participating jurisdictions. All municipal employees, resources and facilities required in the implementation of the plan shall be employees and assets of the Operating Jurisdiction. The Operating Jurisdiction will provide all necessary support services for the implementation of the Animal Control Plan such as accounting, legal services, risk management and personnel management. The Operating Jurisdiction will manage all contracts with any independent contractors or other entities for services performed under the Animal Control Plan and administer all rules, regulations and policies established by the Management Committee and issue a periodical report to the Management Committee on the implementation of the Animal Control Plan. The City of Kennewick is designated as the Operating Jurisdiction for 2004-2006; City of Pasco for 2007-2009; and City of Richland 2010-2012. SECTION III ANIMAL CONTROL PLAN BASIC SERVICES The Animal Control Plan as developed by the Management Committee and approved by each city, shall provide as a base level of service the following: (a) Regulation and apprehension of vicious or dangerous animals; (b) Removal of dead animals from the public right of way; (c) Apprehension of stray animals; (d) Impounding and boarding of apprehended animals; (e) Euthanasia of unclaimed animals; (f) Disposal of animal remains; (g) Enforcement of licensing regulations; and (h) Owner notification of found animals and indenti-code retrievals The level of the above-enumerated Animal Control Services together with the method, and manner of the delivery of such services shall be delineated in the Animal Control Plan. The Cities may modify the scope of the base level of services by mutual agreement as provided below. Nothing herein will limit the City from securing additional Animal Control Services above and beyond those basic Animal Control Services enumerated above, from the Operating Jurisdiction by contract for additional fees independently negotiated for those additional services. INTERLOCAL COOPERATIVE AGREEMENT TRI-CITY ANIMAL CONTROL SERVICES -3- i SECTION IV ASSESSMENT AND REIMBURSEMENT The Management committee shall submit an annual budget of expenses for Animal Control Services for approval by each of the Cities. Each City shall maintain by ordinance or regulation its own rates and charges for compliance with their respective animal codes and fines and forfeitures for its enforcement within its territorial jurisdiction. All revenues derived therefrom shall be solely the revenues of that City. The approved operating budget shall consist of basic fixed cost which will be equally divided among the Cities and variable expense which shall be divided among the Cities based upon their percentages of use. The specific fund necessary for the implementation of this Agreement shall be maintained at the Operating Jurisdiction and shall be designated the "Tri-City Animal Control Operating Fund." SECTION V MODIFICATION The Cities agree that except for approval of the Animal Control Plan, and annual budgets as submitted by the Management Committee, this Agreement is the complete expression of the terms hereto and any prior written or verbal representations or understandings not incorporated herein are excluded. The Cities reserve the right to modify this Agreement by mutual assent in writing and signed by all parties hereto. SECTION VI OPERATING JURISDICTION INSURANCE REQUIREMENTS The Operating Jurisdiction shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Operating Jurisdiction, their agents, representatives, employees or subcontractors. Minimum Scope of Insurance Operating Jurisdiction shall obtain insurance of the types described below- 1 . Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. Non-operating jurisdictions shall be named as an insured under the Operating Jurisdiction's Commercial General Liability insurance policy with respect to the work performed for the Cities using ISO Additional Insured endorsement CG 20 10 10 01 or substitute endorsements providing equivalent coverage. INTERLOCAL COOPERATIVE AGREEMENT TRI-CITY ANIMAL CONTROL SERVICES -4- 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Minimum Amounts of Insurance Operating Jurisdiction shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Operating Jurisdiction insurance coverage shall be primary insurance in respect to the non-operating jurisdictions. Any Insurance, self-insurance, or insurance pool coverage maintained by the non- operating jurisdictions shall be excess of the Operating Jurisdictions insurance and shall not contribute with it. 2. The Operating Jurisdictions insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VI1. E. Verification of Coverage Operating Jurisdiction shall furnish non-operating jurisdictions with original certificates and a copy of the amendatory endorsements, including but not necessarily limited'to the additional insured endorsement, evidencing the insurance requirements of the Operating Jurisdiction before commencement of the work. OPERATING JURISDICTION INDEMNIFICATION / HOLD HARMLESS The Operating Jurisdiction shall defend, indemnify and hold non-operating jurisdictions, their officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the non-operating jurisdictions. INTERLOCAL COOPERATIVE AGREEMENT TRi-CITY ANIMAL CONTROL SERVICES-5- i INDEPENDENT CONTRACTORS INSURANCE REQUIREMENTS Any independent contractors providing Animal Control Services under the Animal Control Plan shall procure and maintain public liability insurance naming the Cities as additional insured's with coverage limits no less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) aggregate for bodily injury and property damage applicable to all activities performed under the terms of the Animal Control Plan. INDEPENDENT CONTRACTORS INDEMNIFICATION / HOLD HARMLESS Any independent contractors providing Animal Control Services under the Animal Control Plan shall defend, indemnify and hold the Cities, their officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of Agreements, except for injuries and damages caused by the sole negligence of either Richland, Kennewick, or Pasco. SECTION VII TERM OF AGREEMENT AND TERMINATION This Agreement shall become effective on the 1st day of January, 2004 and shall expire on December 31, 2012. This Agreement will automatically be renewed annually unless any City gives written notice of its intent to terminate this Agreement. A City may terminate participation in this Agreement prior to adoption of the Animal Control Plan upon 30 days advanced written notice. This Agreement will automatically terminate if the Cities are unable to adopt an Animal Control Plan within 30 days of its presentation to the Cities by the Management Committee, unless such period is extended by mutual agreement of the parties. After adoption of the Animal Control Plan a City may terminate participation giving written notice of its intent to withdraw at least twelve months prior to the designated date of withdrawal. Upon notice of withdrawal by any City, the remaining Cities may elect to continue participation in this Interlocal Cooperative Agreement or to terminate this Agreement. Withdrawal during any calendar year shall not entitle the withdrawing party to a reduction or refund with respect to funds budgeted for or otherwise committed with respect to the withdrawing party for any calendar year. SECTION VIII INSPECTION OF RECORDS The records and documents with respect to all matters covered by this Interlocal Cooperative Agreement shall be subject to inspection, review or audit by any City during any term if this Agreement and for three years after its termination. INTERLOCAL COOPERATIVE AGREEMENT TRI-CITY ANIMAL CONTROL SERVICES -6- i SECTION IX SEVERABILITY In the event any term or condition of this Interlocal Cooperative Agreement or application thereof to any person, entity or circumstance is held invalid, such invalidity shall not effect any other terms, conditions or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this agreement are declared severable. SECTION X FILING As provided by RCW 39.34.040, this Agreement shall be filed prior to its entry in force with the required City Clerks, the County Auditor, and the Secretary of State and if found to be necessary, with the Office of Community Affairs as provided by RCW 39.34.120. SECTION XI AMENDMENTS This Agreement may only be amended by written agreement of all the undersigned cities. In witness whereof, the parties have signed this Agreement of the day and year written above. THE CITY OF KENNEWICK: BY: James R. Beaver, Mayor Attest: Valerie J. Loffler, City Clerk Approved as to form; John S_ Ziobro, City Attorney INTERLOCAL COOPERATIVE AGREEMENT TRl-CITY ANIMAL CONTROL SERVICES -7- THE CITY OF PASCO BY: Michael Garrison, Mayor Attest: Webster U. Jackson, City Clerk Approved as to Form: Leland L. Kerr, Attorney THE CITY OF RICHLAND: BY: Robert A. Welch, Mayor Attest: Cynthia Johnson, City Clerk Approved as to Form: Thomas 0. Lampson, City Attorney INTERLOCAL COOPERATIVE AGREEMENT TRI-CITY ANIMAL CONTROL SERVICES-8- i STATE OF WASHINGTON ) : ss. County of Benton ) On this day personally appeared before me James R. Beaver, Mayor of the City of Kennewick, 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 , 2004. NOTARY PUBLIC in and for the State of Washington, residing at : My Commission Expires: INTERLOCAL COOPERATIVE AGREEMENT TRI-CITY ANIMAL CONTROL SERVICES -9- STATE OF WASHINGTON ) i : ss. County of Benton ) On this day personally appeared before me Michael 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 , 2004. NOTARY PUBLIC in and for the State of Washington, residing at : My Commission Expires: INTERLOCAL COOPERATIVE AGREEMENT TRI-CITY ANIMAL CONTROL SERVICES -10- i STATE OF WASHINGTON } : ss. County of Benton } On this day personally appeared before me Robert A. Welch, Mayor of the City of Richland, 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 2004. NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires: INTERLOCAL COOPERATIVE AGREEMENT TRI-CITY ANIMAL CONTROL SERVICES -11- AGENDA REPORT NO. FOR: City Council Date: August 9,2005 Workshop Mtg.: August 22,2005 Regular meeting: September 6,2005 TO: Gary Crutchfi 1 anager Stan Strebel, A �istrative and Community Services Director FROM: Jim se nance Manager SUBJECT: INCREASE THE GENERAL PETTY CASH FUND I. REFERENCE(S): A) Proposed Resolution H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 8/22/05 Discussion 916/05 MOTION: I move to pass Resolution No. increasing the dollar amount in the General Petty Cash Fund of the City and increasing the reimbursement limit. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF; The General Petty Cash Fund of the City was first established in 1965 at $200. It has been amended several times and currently totals $3,265. The Finance Division of the Administrative and Community Services Department has recently hired additional staff and is in need of an additional cash drawer for the additional Customer Service Representative (Cashier) and some additional funds to make change for the Cashiers. V. DISCUSSION: Finance receives many requests for petty cash reimbursements and has a $500 cash box for this purpose. Finance also has a $500 change fund in order to keep and make change for the Customer Service Representatives when their small change dwindles during the day. It would severely limit the change fund to take $200 from the cash box to make up the additional cash box. Staff is requesting an additional amount to be put into the Petty Cash Fund to reduce the frequent trips to the bank for small change The request is to increase the total amount in the General Petty Cash Fund account to a total of$4,000. Staff is also requesting the limit on a single receipt reimbursement be increased from$15 to$25. VI. OTHER COMMENTS: 3(t) i RESOLUTION NO. A RESOLUTION AMENDING SECTION 3 OF RESOLUTION NO. 2326, INCREASING THE MAXIMUM LIMIT AND INCREASING THE REIMBURSEMENT LIMIT OF THE GENERAL PETTY CASH FUND FOR THE CITY OF PASCO. WHEREAS, the General Petty Cash Fund for the City of Pasco was first established by Resolution No. 676; and WHEREAS,.Section 3 of Resolution No. 676 was last amended by Resolution No. 2326, in August 1997, increasing the General Petty Cash Fund of the City; and WHEREAS, it will benefit the Utility Billing area for the Customer Service Representatives (Cashiers) to have an additional cash to make an additional cash drawer because of increase in personnel and to have more funds available to make change for the Customer Service Representatives, and WHEREAS, it will also benefit the Utility Billing Area to have additional funds to provide smaller denominations of bills and replenish coinage for the Customer Service Representatives, and other departments,through the day without having to visit the bank frequently for change, and WHEREAS, it will be of benefit to staff and the administration of the Fund to increase the amount of reimbursement for an approved single receipt to $25.00, originally established in Resolution No. 676 in December 1965 at$15.00, and WHEREAS, it is necessary to increase the amount of cash in the General Petty Cash Fund for the City of Pasco and increase the single reimbursement limit; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. Section 3 of Resolution No. 676 is hereby amended to read as follows: Section 3. "The Fund shall be established by Treasurer's check and shall not exceed Four Thousand Dollars ($4,000.00). Reimbursements for approved single receipts from the Fund shall not exceed$25.00." Section 2. This Resolution shall be in full force and effect after its passage as required by law. Passed by the City Council of the City of Pasco this 6th Day of September,2005. Michael Garrison,Mayor APPROVED AS TO FORM: Sandy Kenworthy,Deputy City Clerk Leland B. Kerr,City Attorney AGENDA REPORT FOR: City Council August 4, 2005 TO: Gary CrutchfManager Workshop Mtg.: 8/22/05 Regular Mtg.: 9/6/05 FROM: Stan Strebel � ive and Community Services SUBJECT: Amended Agreement with Tri-City Youth Soccer Association for Use of Pasco Soccer Complex I. REFERENCE(S): A. Proposed Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 8/22: Discussion 9/6: MOTION: I move to approve the Amended Agreement for Land Use and Development between the City of Pasco and Tri-City Youth Soccer Association and further, to authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Decrease in City's maintenance expense and increase in revenue from TCYSA over the remainder of the agreement. IV. HISTORY AND FACTS BRIEF: A) The City and the Youth Soccer Association entered into an agreement for the development and use of the soccer complex at Road 68 in February 1995. The ' agreement has served well for a number of years, however, changing conditions have prompted both the City and TCYSA to consider amendments which are summarized below: 1) TCYSA requested an option to extend the agreement for an additional term of 10 years. This has been incorporated into the agreement (Paragraph 1) with the proviso that in exchange for such option, the association agrees to paying 50% of the City's annual maintenance expense for the complex for such term. 2) Unnecessary language regarding the original development of the facility (Paragraph 2) has been eliminated and language on the provision of utilities updated. 3) Maintenance responsibilities (Paragraph 3) are shifted to place the cost of the building and restrooms on TCYSA as opposed to the City, for the life of the amended agreement. 4) Use of Premises (Paragraph 4) is clarified including the City's right to schedule fields. 5) Parking revenues are assigned to the TCYSA. These were formally collected by the City, however, the City had no control over the scheduling of tournaments which impacted such revenues. Net revenue has gradually decreased from a high of nearly $18k in 2000 to a low of$4.2k in 2003. This revenue will be more than offset by the loss of the restroom maintenance responsibility and the increased payment from TCYSA to the City (See#6, below) in 2005. 3{g} 6) Payments to the City by TCYSA for maintenance of the fields is increased from $10,000 to $15,000 in 2005 and thereafter increasing by $5,000 per year until total annual payment is $30,000 (Paragraph 6). 7) Paragraph 11 was revised to allow rental use of the facility provided appropriate hold harmless and insurance agreements are secured. 8) The paragraph on early termination (Paragraph 12) was revised to update replacement costs and incorporate the extension option. B) The Youth Soccer Association has approved the agreement. Staff recommends Council approval. AMENDED AGREEMENT FOR LAND USE AND DEVELOPMENT BETWEEN THE CITY OF PASCO AND TRI-CITY YOUTH SOCCER ASSOCIATION SOCCER COMPLEX THIS AMENDED AGREEMENT is entered into on this day of March, 2005, by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City" and the Tri-City Youth Soccer Association (formerly TCJSA), a Washington nonprofit Corporation, hereinafter referred to as "TCYSA." WHEREAS, the City and the TCJSA entered into agreement on February 21, 1995, for the purpose of providing for improvement and development of property as a soccer complex for the educational and youth programs and opportunities for the public and the community as a whole related to soccer as a recreational activity and for major tournament play attracting visitors to Pasco, and, WHEREAS, the City and TCYSA desire to amend said agreement to reflect the understanding and agreement of the parties: In consideration of the mutual terms, covenants, conditions, promises and representations contained herein, the parties do promise, agree and provide the following: 1. Term. All rights and obligations under this agreement, unless otherwise stated herein, shall terminate effective February 22, 2020 (subject to the renewal option outlined below), unless earlier terminated as set forth in Section 12 below. "Term" shall mean the period between execution of this agreement and its termination as provided. Unless otherwise state in this agreement, this agreement may be altered, modified, extended or terminated prior to that date only upon execution by all of the parties or an instrument to that effect. TCYSA shall have the option to extend this agreement for an additional ten (10) year term, provided that it is not in default with respect to its obligation under the agreement, and provided further, that the payment to the City as outlined in Section 6 shall be adjusted to be equal to 50% of the City's expense for annual maintenance of the soccer complex for the extended term. 2. Improvements. The parties acknowledge that TCYSA has developed the premises with fifteen (15) soccer fields, one (1) of which is a championship field with potential for lights and seating (berm initially) arrangements suitable for championship and tournament play. In addition, TYCSA has caused to be constructed a restroom/concession stand complex. The City shall furnish the premises, at its cost and expense, with the necessary utilities, including electrical power, domestic water service, and domestic sewer. The City shall also provide irrigation water service for the premises. Following completion of the improvements, TCYSA shall pay for monthly electricity use and the City shall pay for Amended Agreement for Land Use& Development/Soccer Complex - 1 i monthly water and sewer use. In addition, irrigation water for the system shall be provided to the premises/complex by the City at its cost and expense. At the end of the lease term or in the event that this lease is terminated with or without cause as set forth in Section 12, hereof, all improvements made to or installed on the premises by the TCYSA as provided for herein, except trade fixtures and moveable personal property (i.e. goals, equipment,etc.), shall become the property of the City. 3. Maintenance. The maintenance and repair of all improvements made to the premises, except for the building including the restrooms, shall be performed by and at the sole expense of the City. Maintenance and repair schedules and needs of the fields shall be in accordance with maintenance and repair standards, schedules and plans mutually adopted and agreed upon by the parties hereto. The maintenance of the building and restrooms shall be the responsibility of and the sole expense of the TCYSA. 4. Use of the Premises. The premises shall generally be used only for soccer play, including practice, league play, clinics and tournaments play. The fields shall be used for no other purposes without the additional written mutual consent of both parties. The TCYSA shall have priority over other persons or groups for use of the premises for its league, practices and tournament play. All scheduling of the premises for any use must be coordinated with the City of Pasco Recreation Services Manager or his/her designee. Proposed schedule for use by the TCYSA of the fifteen fields to which it shall have priority of use shall be submitted on or about January 15`h and July 15"' of each year. The TCYSA may supplement such schedules at any time. Any unscheduled time slots on fields numbered one (1) through seven (7) may be assigned to other soccer users by the Recreation Services Manager or his/her designee at any time. Generally, such other users scheduled by the City shall be limited to other public entities such as the schools and users through the City's recreation program. Unscheduled time slots on fields eight (8) through fourteen (14) may only be assigned to other soccer users for soccer uses one week prior to the desired use time by the other soccer user. Field fifteen (15), the championship field, shall only be assigned to other soccer users by mutual agreement between the TCYSA and the Recreation Services Manager or his/her designee, which shall not unreasonably be withheld by either party. Field will be assigned a number by mutual agreement of the parties upon their development. Parties shall not use the premises in any manner that will increase risks occurred by insurance on the premises and result in an increase in the rate of insurance or a cancellation of any insurance policy, even if such use may be in furtherance of the primary purpose. Parties shall not allow any waste or nuisance on the premises, or use or allow the premises to be used for any unlawful purposes. The TCYSA further agrees to hold at least two (2) major soccer tournaments per year with the primary purpose of bringing in out-of-town teams and shall have a minimum of forty (40) teams at each of these tournaments. All revenues collect by TCYSA, i.e. tournament entry fees, team fees, player fees, and concession revenue shall, except as Amended Agreement for Land Use&Development/Soccer Complex -2 otherwise stated herein, belong to the TCYSA for its uses and purposes. Should the City hold soccer tournaments of its own, revenues therefrom shall belong to the City, with concession stand revenues subject to addendum and special agreement, as the case may be, since the TCYSA has sole control and responsibility therefore. 5. Parking. The TCYSA shall have the right to use the parking lot at the adjacent professional baseball complex for its coaches, spectators, team members and officials and shall make all reasonable efforts to avoid conflicts between special stadium events and TCYSA soccer events for stadium parking. For its events, TCYSA may provide parking attendants and collect a parking fee. The fee shall be a daily fee in an amount established by TCYSA. All parking fees collected shall be the exclusive property of TCYSA. 6. Payment to the City. Beginning in 2005, TCYSA shall pay to the City, as partial compensation for maintenance of the soccer fields, the sum of$15,000. Thereafter, the annual payment shall be increased by $5,000 per year until the annual payment reaches $30,000. Thereafter, the annual payment shall be increased by 3% per year through the end of the term. 7. Development Permits. Because the City is the owner of the property, it agrees to make application for all necessary permits which may be required for the development of the soccer complex. 8. Indemnification. In addition to any other indemnities provided by this agreement, and to the extend permitted by law, each party ("indemnifying party") shall, at its sole cost and expense, indemnify and save harmless the other, and their respective agents, officers, or employees ("indemnities") against and from all claims asserted against the other party or their respective indemnities by reason of any work or things done or not done in, on, or about the premises or the improvements made in connection with the indemnifying party's construction, development, maintenance or repair obligations under Sections 2 and 3 of this agreement. Each party ("indemnifying party") agrees at its sole cost and expense, and to the extend permitted by law, to indemnify and defend the other party and their respective indemnities and hold them harmless from all claims, arising from or as a consequence of the rights granted to or obligations incurred by the indemnifying party under this agreement, the use of the premises by the indemnifying party or the operation, alteration, maintenance or removal of the improvements by the indemnifying party. It is the intent of this paragraph that each indemnifying party shall indemnify the other party with respect to all claims arising out of the indemnifying party's use, activities, and/or occupancy of the premises. The provisions of this section shall survive beyond the terms of this agreement for occurrences which occur during the term. Amended Agreement for Land Use&Development/Soccer Complex -3 9. Liens. The TCYSA shall not create or permit to be created or to remain, and shall discharge as provided in this paragraph, any liens, encumbrance, or charge levied on account of any mechanics, laborers, or materialmen, or otherwise (collectively, "a lien") which might be or become a lien, encumbrance or charge upon the premises. 10. Insurance. The City represents that it is a self-insured public entity and a member of a self-insurance pool of municipalities (Washington Cities Insurance Authority). The TCYSA shall during the term of this agreement maintain, or cause to be maintained, at its cost, liability insurance on an occurrence basis with minimum combined limits for personal injury and property damages in the amount of one million dollars ($1,000,000.00). 11. Fee for Use of Premises. In the event that either the City or TCYSA, intends to impose any fee or rental for the use of the premises for soccer play it shall first secure an indemnity agreement from the potential user holding both the City and TCYSA harmless against all claims, losses and expenses in connection with such user's use of the premises and further, shall secure a certificate of insurance, comparable to the limits set forth in Section 10 of this agreement, naming both the City and TCYSA as additional insureds under such policy of the potential users. This restriction is intended to protect the parties from liability through the provisions of the State Recreational Land Use Immunity Statutes. This provision shall not preclude the fees charges by either party for general registration or tournament entry. 12. Early Termination. A) Without Cause. Either party may terminate this agreement for any reason by giving the other party two (2) years advance written notice of its intention to terminate to the other party. Should termination by the City occur hereinunder, the amount of compensation due TCYSA shall he 65% of the determined or agreed replacement cost exclusive of land acquisition for the 2007 year period, then for each year thereafter the amount of compensation shall be reduced by five percent(5%)per year. B) Agreement Extension. In the event that this agreement is extended pursuant to Section 1, the amount of compensation due from the City in the event of termination by the City, per paragraph (A), above, shall be calculated on the basis of a reduction of three percent (3%)per year for the applicable years of the original agreement plus 10 years of the extension, 13. Arbitration. In the event a dispute exists after they have met and attempted food faith negotiation, the Parties agree to submit the same to binding arbitration for determination by a third person. The City and TCYSA agree to request the presiding Judge of the Superior Court, County of Franklin, State of Washington, to provide a list of the names of three (3)persons qualified under the circumstances to resolve the particular dispute. Both City and TCYSA may eliminate one person from such list; the remaining person shall resolve the dispute. Amended Agreement for Land Use&Development/Soccer Complex -4 City and TCYSA agree that the person selected to resolve the dispute may establish the procedures, rules, methods and processes by which the dispute shall be resolved and that the City and TCYSA agree to cooperate in good faith with such person to ascertain the facts necessary to permit resolution. The Arbitrator shall render a decision within thirty (30) days of the close of the hearing. 14. Remedies. Each of the parties shall have all remedies available by law or in equity, including specific performance, to force any obligation of the other party to this agreement. However, except as provided in this agreement, (Section12) termination of this agreement shall not be available as a remedy for any parry. 15. No Waiver. No failure by any party to insist upon the strict performance of any covenant, agreement, promise, term or condition of this agreement or to exercise any right or remedy consequent upon any breach shall constitute a waiver of any breach of a covenant, agreement, promise term or condition. 16. Notices. All notices required or permitted under this agreement shall be in writing and shall be served upon the parties in person or by certified or registered mail (return receipt requested) directed to the addresses set forth below or addresses designated by a party pursuant to written notice. Any notice so mailed shall be effective three (3) days after mailing. All changes of address shall be effective upon written notice in the fashion provided by this section City: City Manager's Office Tri-City Youth Soccer Association Pasco City Hall President 525 N. 3rd P.O. Box 1127 P.O. Box 293 Richland, Washington 99352 Pasco, Washington 99301 17. Assignment. The TCYSA shall not assign this agreement or any rights hereunder to any person, entity, or organization without the written permission of the City. This agreement is personal to the parties. 18. Entire Agreement. This agreement, including the exhibits, contains all the promises, agreements, conditions, inducements and understandings between the parties relative to the premises and there are no promises, agreements, conditions, inducements, understandings, warranties or representations oral or written expressed or implied, between them other than as set forth herein. Amended Agreement for Land Use&Development/Soccer Complex -5 l IN WITNESS WHEREOF, the Parties have signed this Agreement on the date set forth above. CITY OF PASCO, WASHINGTON TRI-CITY YOUTH SOCCER ASSOCIATION By: Michael L. Garrison, Mayor President Amended Agreement for Land Use& Development/Soccer Complex -6 AGENDA REPORT FOR: City Council August 17, 2005 FROM: Gary Crutchfie +anager Workshop Mtg.. 8/22/05 Regular Mtg.. 9/6/05 SUBJECT: CBC Ramps P ject Financing Agreement I. REFERENCE(S): 1. Interlocal Agreement: CBC Ramps Project Financing 2. Proposed Addendum to Interlocal Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 8/22: Discussion 916: MOTION: I move to approve the Addendum to the Interlocal Agreement with Columbia Basin College and Port of Pasco providing for financing of the CBC Ramps Project and, further, authorize the Mayor to sign the addendum. III. FISCAL IMPACT: Net cost to city is approximately$400,000; General Fund. IV. HISTORY AND FACTS BRIEF: A) The City initially proposed to the state highway department construction of an off ramp from 395 to Argent Road near the northwest corner of the CBC site. The Washington State Department of Transportation (WSDOT) generally concurred in the benefit of such a project, but noted it would have to be constructed with local funds. The City, Port and CBC entered into an interlocal agreement (CBC Ramps Project Financing Agreement) in summer 2004. That agreement essentially calls for the three parties to share the cost of the ramps project equally (1/3 each); at that time, the estimated project cost was $650,000. B) WSDOT's approval of the design took considerably more time than anticipated and the Port of Pasco needed to include design parameters associated with its anticipated development of about 70 acres of industrial property on the north side of Argent Road. The project was recently approved by the state and out for bid, with the low bid reflecting a total project cost (for the CBC Ramps) of$1,200,000. As a consequence, the interlocal agreement must be amended to reflect the higher project cost and delayed project schedule. C) In addition to the increased cost for the base project, certain improvements on the north side of Argent Road are entirely attributable to the changes needed by the Port to accommodate its industrial development plans. Consequently, the Port has agreed to reimburse 100% of those particular costs. V. DISCUSSION: A) The proposed addendum will make three key changes: • Declare the new project construction deadline of December 15, 2005; • Change the maximum project cost to reflect the recent bid award ($1,200,000); • Provide that the Port will reimburse the City 100% of those improvements on Argent Road specifically included for benefit of the Port (i.e., Schedule C). B) Given the substantial improvement to traffic circulation anticipated as a result of the project and the commitment of both CBC and the Port to equally share the base project cost, staff advises Council to approve the addendum. 3(h) 1652360 Page: 1 of 7 WHEN RECORDED RETURN TO: PASCO CITY OF AGREE 25.00 Fro nkli20 Co,0R:53P CITY OF PASCO City Manager's Office 525 North 3rd Page: 1 of 5 Pasco, WA 99301 07/07/2004 01 :35P PASCO CITY OF AGREE 23.00 Franklin Co, WA .%QV-- Koeoit-�> INTERLOCAL AGREEMENT BETWEEN i We LJ DSO COLUMBIA BASIN COLLEGE, PORT OF PASCO A?�d ,ti� `1 AND THE CITY OF PASCO CBC RAMPS PROJECT FINANCING AGREEMENT ,.� 4 By this local cooperative agreement entered into this I " day of�: the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City", and Columbia Basin College, a Community College District of the State of Washington, hereinafter referred to as "College", and the Port of Pasco, a Special Purpose District of the State of Washington, hereinafter referred to as "Port" enter into the following agreement: WHEREAS, the City proposed that the Washington State Department of Transportation (WSDOT) construct a north bound off-ramp from I-182 to Argent Road to relieve the congestion on 20th Avenue and improve safety for vehicles exiting I-182 and SR-395 to 20th Avenue; and WHEREAS, WSDOT has approved the concept of such an exit ramp and has authorized such a project to be constructed, including an on-ramp from Argent Road to I-182 west bound, provided the project be paid for by the local jurisdiction; and WHEREAS, construction of the CBC Ramps Project will substantially benefit the Port of Pasco by providing 1-182 ingress/egress in the immediate proximity of the Port's 70-acre industrial area on Argent Road; and WHEREAS, construction of the CBC Ramps Project will substantially benefit the College by providing a secondary point of ingress/egress to I-182, further disbursing student traffic and relieving campus congestion; and WHEREAS, construction of the CBC Ramps Project will benefit the Pasco community in general by reducing the present congestion on 20th Avenue as well as the 20th Avenue exit from I-182 and SR-395; and 1652360 Page: 2 of 7 Page: 2 of 5 10/15/2004 03:53P 111111111 Jill" PASCO CITY OF AGREE 25.00 Franklin Co, WA 07/07/2004 01:35P 23.00 Franklin Co, WA WHEREAS, completion of the CBC Ramps Project is desired by September 2004 to provide the benefits of the project in conjunction with opening of the CBC fall class schedule; NOW THEREFORE, Section 1: The city will design and construct the CBC Ramps Project, as generally illustrated in Exhibit A and as outlined in Exhibit B (Project Scope) both such Exhibits being attached hereto and incorporated herein, subject to such design and construction requirements imposed by WSDOT. City shall exercise all lawful and appropriate means to complete said project by September 15, 2004; the City shall bear no penalty, however, for failing to meet the intended deadline. The City of Pasco shall assume the operation and maintenance of that portion of the roadway within its jurisdiction upon completion. Section 2: A) The College and Port will each reimburse the City one-third of the City's actual cost for Schedule A of the project. Payment for Schedule A shall be due annually, the first such payment being due one year from written notice of completion of the project. Any unpaid portion of the principal balance of Schedule A costs existing 60 days after completion of the project will accrue interest at the rate of four percent(4%)per annum until fully paid. B) The Port shall reimburse the City 100% of the actual cost paid by City for Schedule B of the project. Payment for Schedule B shall be due annually, the first such payment being due one year from written notice of completion of the project. Any portion of the Schedule B costs not paid by Port within 60 days of completion of Schedule B improvements shall accrue interest at the rate of six percent (6%) per annum until fully paid. C) Failure to fully pay the respective portion of project costs plus accrued interest within 60 months following completion of the project, shall cause the respective balance due to accrue interest at the rate of 12%per annum thereafter until fully paid. Section 3: Total actual cost for Schedule A of the project shall not exceed SIX- HUNDRED FIFTY THOUSAND DOLLARS ($650,000.00) unless mutually agreed in writing between the parties. "Actual costs" for purposes of this agreement, shall include the cost of project design, environmental review, preparation of specifications, bidding, construction and construction management, as contemplated ir. Exhibit B. It is intended by the parties that "actual costs" include all costs normally attendant to a highway construction project, except the following shall be specifically excluded: • Administrative overhead costs (i.e., city employees) associated with general project oversight by the City; • Right-of-way necessary for the project and obtained from any of the parties to this agreement; • Fill material obtained from any of the parties to this agreement. Section 4: The College and Port hereby expressly agree to provide, at no expense to the project, any land for right-of-way necessary for the project, provided such right-of-way is consistent with the project design in Exhibit A. All roadways, right-of-way and improvements thereon, except those portions within the Washington State Department of Transportation right- of-way, shall become the property of the City of Pasco as a part of its roadway system. CBC Ramps Interlocal Agreement - Page 2 1652360 Page: 3 of 7 L847220 11@/15/2004 03.53P Page: 3 of 5 PASCO CITY OF AGREE 25.00 Franklin Co, WA 07/0712004 01:35P. r,-- 23.00 Franklin Co, WA Section 5: This agreement shall be construed and enforced in accordance with, and the validity and performance of same shall be governed by the laws of the State of Washington. Venue of any suit between the parties arising out of the agreement shall be the Superior Court for the County of Franklin, State of Washington, and the prevailing party shall be awarded its reasonable attorney's fees and costs, including expert witness costs, as an additional judgment against the other party or parties. Section 6: This agreement may be changed, modified or omitted only upon written agreement executed by the parties. Section 7: The financing of the project other than the specific participation by College and Port as provided above, shall be the sole responsibility of the City and no special budget or funds are anticipated or shall be required. It not intended that a separate legal entity shall be established to conduct the cooperative undertaking. Except for the right-of-way and improvements therein necessary for the project, it is not intended to otherwise acquire, hold or dispose of any real or personal property. The City's Public Works' Director is designated as the administrator of the project. Section S: Each party shall defend, indemnify, and hold the 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 agents, employees or officers. Section 9: This agreement contains all the terms and conditions agreed upon by the parties. All items incorporated by referenced are attached. No other understandings, verbal or otherwise, in regard to the subject matter of this agreement shall be deemed to exist or to bind any of the parties. Dated this day of c ,� -� 2004. CITY OF PASCO: Al 1-7 LO �f Michael L. Ga son, Mayor Date COLUM /BASIN COLLEGE: Willia4n E. Saraceno, Vice President Date PORT OF PASCO: William G. Clark, Commissioner Date CBC Ramps Interiocal Agreement- Page 3 1652360 Page: 4 of 7 10/15/2004 03:53P PASCO CITY OF AGREE 25.01 Franklin Co, WA 111111111111111111111111111111111111111 STATE OF WASHINGTON ) :ss x1crat d.d. C Page: 4 of 5 ounty of Franklin ) 07/07/2004 01:35P PASCO CITY OF AGREE 23.00 Franklin Co, WA 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. G And d and official seal this 7 day of e , 2004. ✓`b'` �v�y iSSrD,1 Z�0 NOT 4�'�. Notary Pubd iid for the State of Washington u Residing at ) �. My Commission Expires: 5 STATE OF WASHINGTON ) :ss County of Franklin ) On this day personally appeared before me, WILLIAM E. SARACENO, Vice President of Columbia Basin College, 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 by hand and official seal this/W-day of�u►,+t. , 2004. G o°Ain Public}�* and for the State of Washington ,(0� Residing at to 9 "-* My Commission Expires: od OF`30,04���4� SH1 CBC Ramps Interlocal Agreement- Page 4 1652360 Page: 5 of 7 10/15/2004 03:53P PASCO CITY OF RGREE 25.00 Franklin Co, WP STATE OF WASHINGTON ) :ss Page: 5 of 5 County of Franklin 1111 07/07/2004 01:35P PASCO CITY OF AGREE 23.00 Franklin Co, WA On this day personally appeared before me, WH LIAM G. CLARK, Commissioner of Port 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 rgentione . GIVEN under by hand and official seal this day of , 2004. No ary Public-rand for the State of Washington MARS Residing at,,. My Commission Expires: p't jk1 Y 2 O PUS, °° 0 ✓ULY 11 9rE OF CBC Ramps Interlocal Agreement - Page w 165236@ O 110/g15/2e04 63:53P z T" PASCO CITY OF AGREE 25.00 Franklin Co, WA D � w H O Q w z3 � z w Q z ° o Ho d0 30 Wo z�^ �n 0, a O oU � a 0 o � � Q Wc- 7 O U �\ _. 1652360 Page: 7 of 7 10/1512004 03:53P PASCO CITY OF AGREE 25.00 Franklin Co, WA Exhibit B CBC Project Scope Schedule A �= Design and construct ramps to and from Argent Road per WSDOT Standards as approved for Alternate 1 . Widening at Argent Road to accommodate new left turn turning movements, eastbound acceleration lane 500 to 800 feet in length, and free right turn lane eastbound onto new on-ramp. Total lanes in Argent Road at intersection will be four lanes. All work in Argent Road to be to City of Pasco standards. `r Design and install a new four-way signal system and illumination system per City of Pasco standards. New access road to the Alternative School per the City of Pasco/CBC standards. Relocate existing bike path. Schedule B i North side fifth lane for access into and out of Port property. Addendum to Interlocal Agreement CBC Financing Agreement WHEREAS, an interlocal agreement was entered into on June 7, 2004 by the City of Pasco, Columbia Basin College and the Port of Pasco, providing for the financing of the "CBC Ramps Project"; and WHEREAS, the Port of Pasco required certain design changes to properly accommodate its anticipated development of industrial acreage north of Argent Road; and WHEREAS, the Washington State Department of Transportation.approvals necessary for the project consumed substantially more time than originally contemplated; and WHEREAS, the additional design requirements and escalation of construction costs in general have combined to increase substantially the cost of the project; NOW THEREFORE, Section 1: The project construction deadline of September 15, 2004 set forth in Section 1 of the referenced interlocal agreement is hereby amended to read December 15, 2005. Section 2: The maximum project cost set forth in Section 3 of the referenced interlocal agreement is hereby amended to read ONE MILLION,TWO HUNDRED THOUSAND DOLLARS ($1,200,000). Section 3: Section 2(b) is hereby replaced with the following: The Port shall reimburse the city one-hundred percent (100%) of the actual cost paid by the city for those items listed in Exhibit C attached hereto, including any portion of Schedule A expenses included in Exhibit C. Reimbursement for Schedule C expenses shall be due within 60 days of receipt of invoice from City and any portion thereof remaining unpaid after said 60 days shall accrue interest at the rate of six percent (6%) per annum until fully paid. Dated this day of , 2005. CITY OF PASCO: Michael L. Garrison, Mayor Date COLUMBIA BASIN COLLEGE: William E. Saraceno, Vice President Date PORT OF PASCO: William G. Clark, Commissioner Date Exhibit C PORT SHARE F PROJECT COST PROJECT DESCRIPTION: US 395 TO ARGENT ROAD RAMP PROJECT NO.3-03-05 COSTS NORTH OF EXISTING EDGE OF PAVEMENT DATE: 8/11/2405 CLIENT:CITY OF PASCO &PORT OF PASCO PROJECT NO.013846 ITEM TRANSTATE NO. QNTY UNIT ITEM DESCRIPTION BID PRICE TOTAL COST 45 0 EA CEMENT CONC. DRIVEWAY ENTRANCE PASCO $ 3,500.00 $ 46 0 LF CHAIN LINK FENCE TYPE 3 $ 10.23 $ - 47 0 LF CHAIN LINK FENCE TYPE 1 $1 15.25 $ - 48 0 LS RELOCATE BUS STOP $ 1,500.00 $ - 49 0 LS RELOCATE TRASH ENCLOSURE $ 250.00 $ - 50 2 EA RELOCATE CATCH BASIN $ 500.35 $ 1,000.70 51 0 EA RELOCATE STREET LIGHT $ 370.00 $ - 52 0 EA RELOCATE GATE $ 300.00 $ - 53 0 EA RELOCATE PARKING BLOCKS $ 100.00 $ - 54 170 LF REMOVE CHAIN LINK FENCE $ 3.00 $ 510.00 55 1 LS AIRPORT ACCESS SECURITY $ 4,950.00 $ 4,950.00 TOTAL-SCHEDULE A ITEMS $ 132,935.66 SCHEDULE B ITEMS 56 18 LF DUCTILE IRON SEWER PIPE 12 IN.DIAM. $ 135.90 $ 2,446.20 57 1 EA BUTTERFLY VALVE 18 IN. $ 2,569.85 $ 2,569.85 58 2 EA BLOWOFF ASSEMBLY PASCO $ 697.25 $ 1,394.50 59 323 LF DUCTILE IRON PIPE FOR WATER MAIN 8 IN.DIAM. $ 33.75 $ 10,901.25 60 3 EA GATE VALVE 8 IN. $ 704.40 $ 2,113.20 61 1 EA HYDRANT ASSEMBLY $ 3,113.00 $ 3,113.00 SUBTOTAL-SCHEDULE B ITEMS $ 22,538.00 SALES TAX 8.3% $ 1,870.65 TOTAL-SCHEDULE B ITEMS $ 24,408.65 TOTAL ESTIMATED CONSTRUCTION COSTS 157,344.31 NOTE:ESTIMATE DOES NOT INCLUDE COST OF TRAFFIC SIGNAL COMPONENTS PRE-PURCHASED BY THE CITY OF PASCO,PUD COSTS FOR RELOCATION OF FACILITIES ALONG SOUTH SIDE OF ARGENT ROAD, NOR COSTS FOR CONSTRUCTION MANAGEMENT AND MATERIAL TESTING. C:V)ocuments and SettingslALBERTSBItocal SettingslTemporary Internet FilesXOLK41Port Costs Per Bid 8/1112005 9:18 AM AGENDA REPORT NO. 31 FOR: City Counci August 16, 20015 TO: Gary Crutchfi anager Workshop: August 22, 2005 Regular Mtg.: September 6, 2005 FROM Robert J. Albe is Works Director SUBJECT: Agreement with Port of Pasco Business Park Project I. REFERENCE(S): Proposed Airport Business Park Construction Agreement II. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS: 08122 Discussion 09/06: MOTION: I move to approve the Airport Business Park Construction Agreement with the Port of Pasco and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: On August 15, 2005 Council awarded the construction contract for the US 395 /Argent Road Ramp (Schedules A and B) and the Port of Pasco's new Business Park improvements (Schedules C and D). The proposed agreement with the Port of Pasco (Port) addresses the financial responsibilities for the project and provides for the Port to make the progress construction payments directly to the contractor for Schedules C and D of the project. The inspection services, testing, and the Port's share of the cost for schedules A and B will be paid by the City with reimbursement from the Port, in accordance with the CBC Ramps Project Financial Agreement established in 2004. Staff recommends approval of this agreement and authorize the Mayor to sign. V. ADMINISTRATIVE ROUTING: A. Project File 3{i) AIRPORT BUSINESS PARK CONSTRUCTION AGREEMENT between CITY OF PASCO and PORT OF PASCO By this Local Cooperative Agreement entered into this , 2005 the City of Pasco, Washington, a municipal corporation, hereinafter referred to as "City", and Port of Pasco, a municipal corporation, hereinafter referred to as "Port ", enter into the following agreement. WHEREAS, the City is constructing the 1-182 to Argent Road Off-Ramp project, hereinafter referred to as the "Off-Ramp Project", and WHEREAS, the Port desires to construct Phase 1 of the Tri-Cities Airport Business Park adjacent to the Off-Ramp Project as described in the attached Exhibit A, which is hereinafter referred to as "Tri Cities Airport Business Park" and WHEREAS, a portion of the fill for the Off-Ramp Project will come from the Tri-Cities Airport Business Park, and WHEREAS, the City and the Port desire to use a single Contractor to accomplish both projects, . NOW, THEREFORE, the parties agree as follows: Section 1. The City will enter into an agreement with a single Contractor to construct both projects described above. The City will perform inspection and construction administration for both projects. Section 2. The Port will pay the Contractor directly for the Actual Costs for construction of the Tri-Cities Airport Business Park in accordance with the terms of this Agreement. Actual Costs for inspection and other services provided by City employees shall be paid directly to the City. AIRPORT BUSINESS PARK FINANCING AGREEMENT- 1 cAdocuments and 8ettings\engtemp2\1oca1 settings\temporary internet files\olkl19\tcabp agreement.doc I Section 3. "Actual Costs" for purposes of this Agreement, shall constitute the cost of construction of the Tri-Cities Airport Business Park paid to contractors, and costs for construction, management, inspection, and testing paid to contactors and incurred by the City for inspections done by its employees. "Actual Costs" shall not include any costs relating to design or engineering. Actual costs of the City for use of its employees to conduct inspections shall not exceed the wages and salaries paid such employees, plus benefits and taxes associated with the direct compensation to employees who performed the work. Contracts executed for the cost of construction shall not exceed $830,000.00, unless the parties mutually agree otherwise in writing. Costs for management, inspection, and testing paid to contractors and the City shall not exceed $25,000, unless the parties mutually agree otherwise in writing. Section 4. The Contractor shall submit payment requests to City. City shall review the requests, ensure that the requests are consistent with the provisions of the contract with the contractor, and submit such requests to Port for payment. Port shall pay the Contractor directly. The City shall obtain the Port's approval of all pay requests and change orders prior to acceptance by the City of such pay requests and change orders. Section 5. This Agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by the laws of the State of Washington. Venue of any suit between the parties arising out of the Agreement shall be the Superior Court for the County of Franklin, State of Washington. Section 6. This Agreement may be changed, modified, or amended only upon written agreement executed by the parties. Section 7. The financing of the Tri-Cities Business Park shall be the sole responsibility of the Port and no special budget or funds are anticipated nor shall be required for Port to complete the project. This agreement does not provide for a separate legal entity to be established to conduct the cooperative undertaking, nor is the acquiring, or holding, or disposing of real or personal property anticipated. The City Engineer is designated as the Administrator of the project. AIRPORT BUSINESS PARK FINANCING AGREEMENT- 2 cAdocuments and settings\engtemp2\1oca1 settings\temporary internet files\o1k119\tcabp agreement.doc Section 8. Each party shall defend, indemnify, and hold the other harmless from any claims, causes of action, or judgment arising from, or as a direct result of the negligent or intentional acts of its agents, employees or officers. Section 9. 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 regard to the subject matter of this Agreement, shall be deemed to exist or to bind any of the parties. Section 10. The Port shall allow the City the right to remove and haul no more than 20,000 cubic yards of dirt from the Airport Business Park property for use in the Off Ramp Project. Such fill dirt shall be taken from the locations determined by the Port. Section 11. Upon execution this Agreement shall be recorded with the Franklin County, Washington auditor. Dated this day of , 2005. CITY OF PASCO PORT OF PASCO Michael L. Garrison, Mayor James Toomey, Executive Director APPROVED AS TO FORM: Leland Kerr, City Attorney Dan F. Hultgrenn, Port Counsel AIRPORT BUSINESS PARK FINANCING AGREEMENT- 3 c:\documents and settings\engtemp2\1oca1 settings temporary internet files\olkl19\tcabp agreement.doc AGENDA REPORT NO. 32 FOR: City Council August 16, 2005 TO: Gary Crutchfie 0 ;anager Workshop: August 22, 2005 Special Mtg.: August 29, 2005 FROM Robert J. Alberts, L<Vorks Director SUBJECT: Agreement with WSDOT for the Improvements at I-182 and Road 68 Interchange I. REFERENCE(S): 1. Proposed Agreement with WSDOT for the improvements at 1-182 and Road 68 Interchange II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 08/22 Discussion 08/29: MOTION: I move to approve the Agreement with WSDOT for the improvements at I-182 and Road 68 Interchange and further, authorize the City Manager to sign the Agreement. III. FISCAL IMPACT: Arterial Street Fund/Traffic Impact Fees/General Fund IV. HISTORY AND FACTS BRIEF: The proposed agreement with WSDOT is to construct additional improvements at the I-182 and Road 68 interchange. Last year the City and WSDOT paid for certain improvements, including the addition of traffic signals. The 2004 improvements provided two lanes of traffic to cross over I-182 and continue on Road 68 as well as single left turns onto Road 68 from 1-182 at the new signals. The improvement designed by WSDOT and proposed in the new agreement would provide double left turns onto Road 68 at the signals and four(4)travel lanes crossing 1-182 and continuing on Road 68. The projected costs are identified in Exhibit A of the agreement. The maximum payable by the City is $503,665.78. The development impact fees based on The Transpo Group study identified$384,000 for this project., The remaining funds, approximately$120,000, would be provided by the General Fund. The 2005-2010 City Capital Improvement program identified $400,000 in 2006 for this project. With the rapid growth along Road 68, staff believes making improvements as soon as possible would be in the best interest of the community. WSDOT scheduled August 22, 2005 to advertise the project for bid. The intent is to construct the improvements this year. Staff recommends approval of the agreement, $504,000 be added to the year-end supplemental budget for the project, and authorize the City Manager to sign the Agreement. V. ADMINISTRATIVE ROUTING: A. Project File 3(j) LOCAL AGENCY AGREEMENT FOR STATE AD AND AWARD CITY OF PASCO,Road 68 Interchange Widening AGREEMENT NUMBER,GCA 4631 This AGREEMENT is made between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, hereafter the "STATE" and City of Pasco,P.O. Box 293, Pasco, WA 99301, hereinafter the "LOCAL AGENCY". WHEREAS, The LOCAL AGENCY has requested that the STATE advertise, award, execute and administer the construction of the PROJECT, and WHEREAS, the STATE has agreed to perform the requested work on behalf of the LOCAL AGENCY, NOW, THEREFORE, by virtue of RCW 47.28.140 and in consideration of the provisions, covenants, terms, conditions and performance contained herein or attached and incorporated and made part hereof, the PARTIES MUTUALLY AGREE AS FOLLOWS: 1 Term of AGREEMENT 1.1 Unless otherwise provided herein, the term of this AGREEMENT shall commence on the day and year of the last signature below and shall continue until the PROJECT is accepted by the LOCAL AGENCY pursuant to Section 9, PROJECT Acceptance, of this AGREEMENT. 2 De_ sign 2.1 The LOCAL AGENCY,(Check the Appropriate Box below) 2.1.1 ❑ has prepared the plans, specifications and cost estimates (PS&E). The LOCAL AGENCY shall provide PROJECT support to the STATE for design changes at LOCAL AGENCY expense. 2.1.2 ❑ has prepared the PS&E, by use of a Third Party. The LOCAL AGENCY shall identify and coordinate with the Third Party as needed. The LOCAL AGENCY will provide PROJECT support to the STATE for design changes at LOCAL AGENCY expense. 2.1.3 ® had the STATE prepare the PS&E, and will review and approve the PS&E prior to advertisement. Agreement GCA 4631 Page 1 of 9 i 2.2 Plans, specifications and cost estimates were prepared, as indicated in Section 2.1 under Section 2,Design, of this AGREEMENT, in accordance with the current State of Washington Standard Specifications for Road, Bridge and Municipal Construction, and amendments thereto and adopted design standards, unless otherwise noted (Standard Specifications). 2.3 The LOCAL AGENCY has all of the necessary permits and shall provide copies to the STATE prior to advertisement. 2.4 The STATE will review the PS&E and prepare the contract documents. 2.5 If PS&E was not prepared by the STATE then the LOCAL AGENCY shall provide any plans or special provision revisions that the STATE needs to prepare all addenda to the PS&E. Furthermore, the LOCAL AGENCY shall assist the STATE in answering bid questions and resolving any design issues that may arise. All comments and clarifications must go through the STATE. 3 Proiect Ad and Award 3.1 The STATE will advertise for construction bids in accordance with the appropriate Standard Specifications. 3.2 The PROJECT Estimate of Cost for plan review,contract document preparation, ad and award, construction, construction engineering and contingencies is shown in Exhibit"A", attached herein and by this reference made a part of this AGREEMENT. 3.3 Upon bid opening the STATE shall submit a list of bid tabulations and bid results to the LOCAL AGENCY prior to award of the PROJECT. The LOCAL AGENCY shall have the right to approve the award. The STATE may award the contract with LOCAL AGENCY's approval where the bid amount is not more than $50,000 or 10% over the Engineer's Estimate whichever is higher without supplementing this AGREEMENT. . 3.4 In the event bids exceed the amount allowed in Section 3.3 under Section 3, PROJECT Ad and Award, of this AGREEMENT, the STATE shall request written concurrence in contract award or rejection from the LOCAL AGENCY prior to contract award. The LOCAL AGENCY shall provide written concurrence in contract award within 15 working days of receipt of the STATE's written request for concurrence. If the LOCAL AGENCY does not notify the STATE in fifteen (15)working days, or as mutually extended in writing, the STATE will reject all bids. The LOCAL AGENCY shall be responsible for all costs associated with rejection of bids. 3.5 If the PROJECT is to be re-advertised,this AGREEMENT will still apply between the LOCAL AGENCY and the STATE. All additional costs for re- advertisement of the PROJECT will be at LOCAL AGENCY expense. Agreement GCA 4631 Page 2 of 9 4 Construction 4.1 The STATE will be the LOCAL AGENCY's representative during construction and will act as lead agency in the administration of the construction PROJECT. A description of the work to be accomplished on the PROJECT is attached as Exhibit`B"and the location of the PROJECT is attached as Exhibit"C" and by this reference is made apart of this AGREEMENT. The PROJECT Contract Plans and Provisions are by this reference made a part of this AGREEMENT as if fully attached herein. The STATE has designated a STATE Project Engineer to provide all necessary services and tools, including but not limited to construction administration,inspection, materials testing, and the representation necessary to administer and manage the construction contract for the PROJECT to ensure work is constructed in accordance with the contract plans and specifications. 4.2 The STATE will allow the LOCAL AGENCY to consult with and inquire of the STATE Project Engineer, attend all meetings, and have access to all documentation as to all matters concerning the PROJECT. The LOCAL AGENCY shall not provide direction, directly or indirectly to the contractor. All formal contacts between said LOCAL AGENCY and the STATE's contractor shall be through the STATE's representative. 4.3 The STATE will prepare the final construction documentation in general conformance with the STATE Construction Manual. The STATE will maintain one set of plans as the official "as-built" set,then make notations in either red ink or red pencil of all plan revisions typically recorded per standard STATE practices, as directed by the Construction Manual. Once final acceptance of the contract has occurred, the STATE will submit one reproducible set of as-built plans to the LOCAL AGENCY within an agreed time. 4.4 The LOCAL AGENCY agrees to pay the STATE an "Advance Payment Amount" of$67,000.00 within 20 days after the STATE submits its first partial payment request to the LOCAL AGENCY. The advance payment represents approximately fifteen(15)percent of the estimate of cost and covers costs incurred by the STATE in the initial stages of the PROJECT. The advance payment will be carried throughout the life of the PROJECT with final adjustment made in the final payment. 5 Termination 5.1 This AGREEMENT shall terminate upon completion of the work and acceptance of the PROJECT pursuant to Section 9, PROJECT Acceptance, of this AGREEMENT, or if the PARTIES determine that PROJECT continuation is no longer feasible pursuant to Section 8.8 under, Section 8, Change Orders, of this AGREEMENT. 5.2 The Secretary of Transportation (Secretary) may terminate the contract in whole, or from time to time in part, for public convenience, whenever: Agreement GCA 4631 Page 3 of 9 i 5.2.1 The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President of the United States of America (President) with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State of Washington with respect to the preservation of energy resources. 5.2.2 The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. 5.2.3 The Secretary determines that such termination is in the best interests of the STATE. 5.3 If this AGREEMENT is terminated, any claim by the Contractor for costs associated with the termination shall be processed and resolved pursuant to Section 10, Claims, of this AGREEMENT. 6 Compensation 6.1 The LOCAL AGENCY in consideration of the faithful performance of the work to be done by the STATE agrees to reimburse the STATE for all direct and related indirect costs associated with the PROJECT. Construction and construction management costs shall commence on the day of advertisement and shall include all costs associated with change orders and change ordered work. 6.2 An itemized Estimate of the Cost for construction of the PROJECT is set forth in Exhibit "A" attached hereto and by this reference made part of this AGREEMENT. The cost of the construction includes items set forth in the bid documents. Construction contingencies shall be used for cost increases, including any change orders. Construction engineering shall include all appropriate STATE costs incurred in advertising, awarding and administering of the PROJECT construction. 6.3 The STATE will hold progress estimate review meetings with the Contractor as needed. The STATE will invite the LOCAL AGENCY to participate in these reviews. The LOCAL AGENCY may audit the STATE's payment applications and all costs in connection with the PROJECT. 6.4 During the construction phase and upon request of partial payment by the STATE, the LOCAL AGENCY shall make partial payment to the STATE to cover the required match cost and any non-eligible cost that has incurred. Partial payments are not to be more frequent than one (1) per month. The LOCAL AGENCY shall provide its payments to the STATE within thirty(30) Agreement GCA 4631 Page 4 of 9 days after its receipt of the STATE's monthly invoice billings, except for final payment. 6.5 Partial payments paid by the LOCAL AGENCY shall not constitute the LOCAL AGENCY's acceptance of the appropriateness of any item. At the time of final audit,all required adjustments will be made and reflected in the final payment. In the event that such final audit reveals overpayment to the STATE or under billings to the LOCAL AGENCY, the STATE agrees to refund any overpayment to the LOCAL AGENCY within thirty (30)days after the STATE's receipt of an invoice and the LOCAL.AGENCY agrees to reimburse the under billed amount to the STATE within thirty(30) days after the LOCAL AGENCY's receipt of an invoice. 6.6 During construction of the PROJECT and for a period of not less than three(3) years from the date of final payment to the STATE, the records and accounts pertaining to the construction of the PROJECT will be maintained and shall be kept available by the STATE for inspection and audit by the LOCAL AGENCY and for use in the event of a litigation, claim or any other purpose. The STATE shall supply the LOCAL AGENCY with a set of As-Built plans upon acceptance of the work from the LOCAL AGENCY. 7 Extra Work 7.1 This AGREEMENT provides an allowable construction contingency of_4%_ percent in the event an increase is needed that exceeds the Estimate of Costs as shown on Exhibit"A". In the event conditions exist that will cause the PROJECT costs to exceed the allowable construction contingency percent, this AGREEMENT will be modified by a supplement to this AGREEMENT. 8 Change Orders 8.1 Changes to the contract will be documented by change order as defined in the current edition of the Standard Specifications. 8.2 Required change orders involve such changes in quantities or alterations in the work as are necessary to satisfactorily complete the PROJECT as determined by the STATE. All other change orders shall be considered elective. The STATE shall process all required change orders in the manner as set forth in Section 1- 2.4C(3), Approval of Changes STATE Construction Manual, current edition. 8.3 The LOCAL AGENCY authorizes the STATE to initiate, negotiate, document and execute all required change orders. 8.4 The STATE will advise the LOCAL AGENCY of any proposed required change order and provide it with an opportunity, if time permits, to review the change order before execution. The STATE will determine the length of the review time based upon the need to expedite the change order to avoid delay to the PROJECT. Agreement GCA 4631 Page 5 of 9 i 8.5 Any elective change order shall require the written approval of the LOCAL AGENCY. A decision to execute an elective change order shall be made by mutual agreement of the STATE and LOCAL AGENCY. 8.6 The LOCAL AGENCY may request additions to the contract through the STATE. The STATE will comply with the requested change providing that change complies with state and/or federal law and applicable rules and/or regulations. 8.7 The STATE will make available to the LOCAL AGENCY and STATE's Local Programs Engineer all change order documentation. 8.8 In the event a new construction contingency amount cannot be determined to cover said increases due to financial constraints of the LOCAL AGENCY, the STATE and the LOCAL AGENCY shall negotiate to determine the future of the PROJECT. If it is determined that the PROJECT cannot proceed the PROJECT shall be brought to a level that is safe for public use and the STATE will terminate the contract. In the event the contract is terminated under this section, Section 9, PROJECT Acceptance of this AGREEMENT shall apply for that portion of the PROJECT up to the time of termination. All costs associated with termination will be the responsibility of the LOCAL AGENCY. 9 PROJECT Acceptance 9.1 Prior to PROJECT acceptance, the STATE and LOCAL AGENCY will perform a joint final inspection. The LOCAL AGENCY agrees, upon satisfactory completion of the work involved and receipt of Notice of Physical Completion, as determined by the STATE, to deliver a letter of acceptance which shall include a release of the STATE from all future claims or demands of any nature resulting from the performance of the work under this AGREEMENT, subject to any Contractor claims caused by the negligent acts or omissions of the STATE in administering the PROJECT pursuant to Section 10.1, Claims for Additional Payment, of this AGREEMENT. 9.2 If a letter of acceptance is not received by the STATE within 90 days following Notice of Physical Completion of the work,the work shall be considered accepted by the LOCAL AGENCY and shall release the STATE from all future claims and demands of any nature resulting from the performance of the work under this AGREEMENT, subject to any Contractor claims caused by the negligent acts or omissions of the STATE in administering the PROJECT pursuant to Section 10.1, Claims for Additional Payment, of this AGREEMENT. 9.3 The LOCAL AGENCY may withhold this acceptance of work by submitting written notification to the STATE within 90 days following Notice of Physical Completion of the work. This notification shall include the reason(s) for withholding the acceptance. Agreement GCA 4631 Page 6 of 9 i 10 Claims 10.1 Claims for Additional Payment 10.1.1 In the event the Contractor makes a claim for additional payment, the STATE will notify the LOCAL AGENCY immediately of such claims. Such claims shall be made in the manner and form as provided for in the Standard Specifications. 10.1.2 The LOCAL AGENCY shall have the right to review and discuss the settlement of all claims. The ultimate decision to pay a claim will be by mutual agreement of the LOCAL AGENCY and the STATE. In the event such claims are not resolved, the LOCAL AGENCY shall defend such claims at its own cost and shall pay any court judgment or arbitration award resulting from such claims, provided that the LOCAL AGENCY shall not be obligated to pay such claims or the cost of defense to the extent that the claims are caused by the negligent acts or omissions of the STATE in administrating the contract. The STATE will cooperate with the LOCAL AGENCY in the LOCAL AGENCY's defense of the claim. Any STATE costs incurred in providing such assistance shall be reimbursed by the LOCAL AGENCY. 10.2 Claims for Damages 10.2.1 After PROJECT acceptance, in the event of claims for damages or loss attributable to bodily injury, sickness, death, or injury to or destruction of property that occurs within the PROJECT limits, the LOCAL AGENCY shall defend such claims and hold the STATE harmless there from and the STATE shall not be obligated to pay any such claim or the cost of defense. Nothing in this Section, however, shall remove from the STATE any responsibilities defined by the current laws of the State of Washington or from any liabilities for damages caused by the STATE's own negligent acts or omissions independent of the work performed under this AGREEMENT. 11 Disputes 11.1 In the event that a dispute arises under this AGREEMENT, it shall be resolved as follows: 11.1.1 The LOCAL AGENCY and the STATE shall each appoint a member to a disputes board, these two members shall select a third member not affiliated with either Agency. The decision made by Agreement GCA 4631 Page 7 of 9 i this board shall be final and binding on the PARTIES to this AGREEMENT. 12 General Provisions 12.1 Rights of Entry 12.1.1 The LOCAL AGENCY hereby grants and conveys to the STATE the right of entry upon all land which the LOCAL AGENCY has an interest, within or adjacent to the right of way of the highway for the purpose of construction and if necessary maintaining the improvements described in this AGREEMENT. 12.2 Modification 12.2.1 No modification of this AGREEMENT is valid unless evidence in writing by supplement to this AGREEMENT and signed by both PARTIES. No verbal agreement may supersede, replace or amend this section. 12.3 Assi na ment 12.3.1 Neither PARTY to this AGREEMENT shall transfer or assign any right or obligation hereunder without the prior written consent of the other PARTY. 12.4 Severability 12.4.1 Should any part term or provision of this AGREEMENT be determined to be invalid, the remainder of this AGREEMENT shall not be affected and the same shall continue in full force and effect. 12.5 Legal Relations 12.5.1 Each of the PARTIES to this AGREEMENT shall protect, defend, indemnify and save harmless the other PARTY, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims,judgment and/or awards of damages arising out of, or in any way resulting from, each of the PARTY's negligent acts or omissions. No PARTY will be required to indemnify, defend or save harmless the other PARTY if the claim, suit or action for injuries, death or damages is caused by the sole negligence of the PARTY. Where such claims, suits, or actions result from concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the PARTY's own negligence. Agreement GCA 4631 Page 8 of 9 i I Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the PARTIES, by mutual negotiation, hereby waives with respect to each of the other PARTY only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In any action to enforce the provisions of this Section, the prevailing PARTY shall be entitled to recover its reasonable attorney's fees and costs incurred from the other PARTY. This indemnification shall survive the termination of this AGREEMENT. In the event that any PARTY deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT the PARTIES hereto agree that any such action or proceedings shall be brought in a court of competent jurisdiction situated in Thurston County, Washington. IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT as of the day, month, and year last below written. WASHINGTON STATE LOCAL AGENCY DEPARTMENT OF TRANSPORTATION By: Print Name Don Whitehouse Title: Regional Administrator Signature Date Title APPROVED AS TO FORM Date By: Assistant Attorney General Date Agreement GCA 4631 Page 9 of 9 AGREEMENT GCA 4631 - - Exhibit "A" - Cost Estimate City or Pasco - I-182/Road 68 Interchange Modifications Group 1 Group 2 Group 1 - Group 2- STD. 0% Sales 8.3%Sales 0% 8.3%Sales ITEM ITEM Tax Tax UNIT Sales Tax Tax No. NO. ITEM UNIT UANT. QUANT. PRICE AMOUNT AMOUNT PREPARATION 1 0001 MOBILIZATTON L.S. I-S. $2,471.00 520,529.00 2 0025 CLEARING AND GRUBBING ACRE 0.24 2.86 $2,000.00 $480.00 $5,720.00 3 0170 REMOVING GUARDRAIL L.F. 80 52.50 5200.00 4 0182 REMOVING GUARDRAIL ANCHOR EACH 2 $230.00 5500.00 5 0188 REMOVING TEMPORARY PAVEMENT MARKINGS L.F. 818 61003 50110 $8t.80 $600.50 6 0190 REMOVING PLASTIC LINE L.F. 140 $3.00 $420.00 7 0200 REMOVING PLASTIC TRAFFIC MARKINGS EACH 9 $50.00 $450.00 8 0204 REMOVING PLASTIC CROSSWALK S.F. 250 $5.00 $1,250.00 9 0215 REMOVING MISCELLANEOUS TRAFFIC ITEM LS. L.S. $48.00 $402.00 GRADING 10 0310 ROADWAY EXCAVATION INCLUDING HAUL C.Y. 97,33 219167 $11D0 $1,167.96 $26,312.04- 11 0405 COMMON BORROW INCLUDING HAUL C.Y. 2292 $5.00 $11,460.00 12 0470 EMBANKMENTCOMPACTION C.Y. 34.05 4,554.95 $2.00 $60.10 $9,109.90 SURFACING 13 5100 CRUSHED SURFACING BASE COURSE TONS 44.19 2567,8[ $12.00 $53018 $30,813.72 LIQUID ASPHALT 14 5334 ANTI-STRIPPING ADDITIVE EST. EST. $424.58 $2,296.42 HOT MIX ASPHALT 15 5767 HMA CL.112 IN.PG 64-28 TON 424.58 2,096.42 $42.00 $17,83236 $88,049.64. 16 5830 JOB MIX COMPLIANCE PRICE ADJUSTMENT CALC. CALC. $509.44 $2,515.56 17 5835 COMPACTION PRICE ADJUSTMENT CALC. CALC. $576.02 $2,849.16 EROSION CONTROL AND PLANTING 18 W3 ESC LEAD DAY 2 5125.00 $250.00 19 6414 SEEDING FERTILIZ-ING AND MULCHING ACRE 014 2.86 $1,300.00 $312.00 $3,718.00 20 6490 EROSION/WATER POLLUTION CONTROL EST. $250.00 21 6373 SILT FENCE L.F. D 120 $8,00 $960.00 TRAFFIC 22 6701 CEMENT CONCRETETRAFFIC CURB L.F. 154 $35.00 $5,390.00 23 6751 BEAM GUARDRAIL TYPE I L.F. 250 $15.00 $3,750.00 24 6760 BEAM GUARDRAIL TRANSITION SECTION TYPE 4 EACH 2 $1,500.00 $3,000.00 25 6716 BEAM GUARDRAIL FLARED TERMINAL EACH 3 $2,000.00 $6,00000 26 6774 BEAM GUARDRAIL ANCHOR TYPE 4 EACH l $500.00 $500.00 27 6832 FLEXIBLE GUIDE POST EACH 6 48 $20.00 5120.00 $960.00 28 6806 PAINT LINE L.F. 848 4,262 $0.25 $212.00 $1,065.50 29 6815 PLASTIC DROP LANE LINE L.F. 570 57.00 $570.00 30 6818 PLASTIC WIDE LINE L.F. 1,090 $2.00 $2,180.00 31 6857 PLASTIC CROSSWALK LINE S.F. 530 $3.00 $1,590.00 32 6859 PLASTIC STOP LINE L.F. 300 $7.00 $700.00 33 6833 PLASTIC TRAFFIC ARROW EACH 17 $80.00 $1360.00 34 - TRUNCATED DOME DETECTABLE WARNING PATTERN EACH 36 $40.00 $1,440.00 35 6888 TEMPORARY PAVEMENT MARKING L.F. 548 1862 $0.20 $109.60 $772,40 36 TEMPORARY BLACK LINE L.F. 270 2,150 5150 $675.00 $5,375.00 - 37 6890 PERMANENT SIGNING L.S. LS, $1,074.00 $8,926.00 38 69 L2 TRAFFIC SIGNAL SYSTEM WBRAMP - L.S. L.S. $15,175.00 39 6912 TRAFFIC SIGNAL SYSTEM EB RAMP L.S. L.S. $15,750.00 40 6994 PORTABLE CHANGEABLE MESSAGE SIGN EACH I 53,500,00 $3,500.00 41 6995 OPERATION OF PORTABLE CHANGEABLE MESSAGE SIGN HR 480 $3.00 $1,440.00 42 6973 OTHER TEMPORARY TRAFFIC CONTROL L.S. L.S. $537.00 $4,463.00 43 6980 FLAGGERS AND SPOTTERS HR 23 137 $38.00. $874.00 $5,206.00 44 6992 OTHER TRAFFIC CONTROL LABOR HR 23 137 $38.00 $874.00 $5,206.00 45 6974 TRAFFIC CONTROL SUPERVISOR L.S. L.S. $653,00 $5,427,00 46 6982 CONSTRUCTION SIGNS CLASS A S.F, 166 434 $8.0D $1,328.00 $3,472.00 OTHER ITEMS 47 7058 CEMENT CONIC.SIDEWALK RAMP TYPE 1-A EACH 3 $1,200.00 $3,600.00 46 7480 ROADSIDECLEANUP EST. EST. $150.00 $1,850.00 - 49 7725 REIMBURSE FOR THIRD PARTY DAMAGES EST. EST. - $5.00 50 7728 MINORCHANGES CALC CALC (11.00) 51 7736 SPCC PLAN L.S. L.S. $1,000.00 SUBTOTAL $37,539.14 $311,88314 SALES TAX @ 8.3% $0.00 $25,886.00 SUBTOTAL $37,539.14 $337,769,84 ENGINEERING @ 18% 56,757.00 $60,799.00 CONTINGENCIES @ 4% $1,502.00 $13,511.00 GROUP TOTALS $45,798.14 $412,079.84 AGREEMENT TOTAL(Grp I t Grp 2) $457,877.98 Maximum Payable by this AGREEMENT (10% Threshold per Art 3.3) $503,565.75 No STATE overhead cost recovery rate will be charged due to reciprocal overhead agreement OH 00172. AGREEMENT GCA 4631 EXHIBIT "B"-DESCRIPTION OF WORK CITY OF PASCO SR 182; Exit 9; SR 182/Road 68 Interchange-Roadway Modifications The work proposed under this Agreement contemplates the improvement of SR 182/Road 68 Interchange by adding lanes to Road 68 and modifying ramp connections to Road 68 Work to be performed by the State 1. Prepare all contract documents for advertisement of the PROJECT. 2. Advertise, Award, and Execute the contract for construction of the PROJECT. 3. Administrate the construction of the PROJECT. 4. Provide all surveying, inspection, and materials inspection for the PROJECT. 5. Prepare as-built plans and provide one reproducible set to the Local Agency. Work to be Performed by the Local Agency 1. Review and approve PS&E prior to contract advertisement. 2. Review and approve/reject contract bids if they exceed the engineer's estimate by more than 10% or$50,000 whichever is greater. 3. Review and approve/disapprove any major changes to contract documents. 4. Reimburse the State for all direct costs,including contract payments to the contractor, associated with the PROJECT. Agreement GCA 4631 Exhibit"B" Sheet 1 of 2 Sheets 5. Provide notice of project acceptance or of withholding project acceptance after being notified of Physical Completion by the STATE. The LOCAL AGENCY and the STATE have identified the following individuals as project engineers: STATE PE LOCAL AGENCY PE Moe Davari, P.E. Bob Alberts,P.E. 1655 Fowler P.O. Box 293 Richland,WA 99350 Pasco, WA 99301 Phone: 509 222-2400 Phone: 509 545 3444 Agreement GCA 4631 Exhibit`B" Sheet 2 of 2 Sheets I w l 1 lr ' i r i i I °a z a v a. =iv ,Ln' + or N N y ct Q a 0. W in� U c a m CL LU uj i 11 1 i a a U- A ~ Im / I Li! to I m I Q ilk LOU I � s Ic1.19 i ul �d VVV$ O ier�aelo Y�G:4 c7ui��J 6 Y AGENDA REPORT NO. 33 FOR: City Council August 16, 2005 TO: Gary Crutchfie 0 anager Workshop Mtg: August 22, 2005 Regular Mtg: September 6, 2005 FROM: Robert J. i, ublic Works Director SUBJECT: Ainsworth Closure Update 1. REFERENCE(S): 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 08/22: Discussion 09/06 Motion: I move to approve Resolution No. , allowing temporary closure of Ainsworth Avenue between 9`h Avenue and Gray Street for the duration of seven(7)months for construction of the Ainsworth Overpass Project III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: On August 8, 2005 staff discussed with Council the consultant's recommendation to close Ainsworth Avenue between 9`h Avenue and Gray Street for a six-month duration for the construction of the Ainsworth Overpass. The project design consultant, Anderson and Perry, recommends the closure during construction to reduce costs and construction time. Staff stated that following a proposed mailing to the residents, staff would report back to council on August 22"°. Following the meeting the consultant informed staff that the closure would need to be for seven months instead of the six previously recommended. The time and cost savings would be the same. On August 9, 2005, the City sent out 363 letters informing residents and businesses in the affected area of the possible closure and included a way for citizens to respond with comments to the City by either mail or telephone. As of August 16, twenty five (25) responses have been recorded. Nearly every response favored the project even while acknowledging the closure might inconvenience them. One concern is access to public transit, which is being addressed with Ben Franklin Transit in order to provide continuation of services during the closure. Staff will continue to monitor and record comments as they come in. At this point staff recommends Council authorize the closure plan. V. ADMINISTRATIVE ROUTING Project File 3(k) AGENDA REPORT TO: City Council August 18, 2005 FROM: Gary Crutchfi t Manager Workshop Mtg.: 8/22105 SUBJECT: Video Taping/ roadcasting of City Meetings I. REFERENCE(S): 1. Memorandum from Management Assistant dated August 18, 2005 II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 8/22: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Council recently requested that staff research the options for video taping and broadcasting City Council meetings. The initial research by staff is reflected in attachment 1 (memorandum from Elden Buerkle, Management Assistant, in the City Manager's office). V. DISCUSSION: A) Council should consider two elements of cost in this matter: first, the "capital cost" of acquiring and installing the system; second, the "operating cost" necessary to operate the system and assure timely broadcast of the meetings. The capital cost of an adequate system should be much closer to the $20,000-$30,000 range rather than the $150,000 range, as the fundamental purpose of broadcasting the city meeting is to permit the viewer to witness the meeting just as they would if they were sitting in the audience; thus, the viewer at home need not have the benefit of close-ups, etc. This also removes the potential for complaint that some Councilmembers are getting "more face time" than others. The operating cost (assuming a modest video system similar to West Richland) should not cost more than about $3,000 a year; this assumes all Council meetings, Planning Commission and Code Enforcement Board meetings are taped and rebroadcast on cable. B) If Council is inclined to pursue installation of a video system, staff recommends a new audio system be considered as well, for three reasons: first, there have been periodic complaints that the current system is less than adequate for those with hearing difficulties; second, the system is 10 years old now and it is becoming more and more difficult to repair (replacement parts are becoming obsolete); and third, replacement in conjunction with the video system would allow the audio system to be integrated and avoid potential conflict. It is guesstimated that a good audio system will approximate $25,000. C) Staff requests Council direction in this matter. MEMORANDUM August 18, 2005 TO: Gary Crutchfield, City Manager FROM: Elden Buerkle, Management Assistant RE: Options for Broadcasting Council Meetings Over the Cable System We have researched equipment options for installing a system to broadcast City Council meetings over the Charter cable system Summary: The cost to install a system to broadcast meetings of the City Council over the Charter cable system can range from $1,500 for an audio only system, to approximately $150,000 for a sophisticated video system. We estimate that a system that will meet the Council's needs can be installed for a minimum of about $20,000. Ongoing expenses to maintain the system would be required. None of the systems discussed here require staff 100 percent dedicated to their operation. Background: We contacted nearby cities to discover what systems they use to broadcast meetings over cable video systems. We found there was a range of technologies used: 1. Walla Walla only broadcasts audio over the cable system. Interested citizens tune to the government access cable channel on their TV's and can listen to the council meeting as it takes place. There is no video. Walla Walla does not record the audio feed over the cable system. 2. West Richland has a modest video system that was installed several years ago. A wide-angle lens camera is permanently fixed on the council dais. Another camera is permanently fixed on the podium. The city clerk is responsible for switching between the council and podium cameras. West Richland does not make video recordings of council meetings and does not rebroadcast them(broadcast is live only). 3. Richland has a sophisticated system that cost around $300,000 to install about six years ago. There is one full-time and one part-time position totally dedicated to cable communications. Richland records and replays meetings of the city council and other boards and commissions on a regular schedule. Recordings of meetings and other Richland created programs are available in either tape or dvd format. Richland also broadcasts 24 hour programming on their government access channel. Findings: A range of technologies and costs for broadcasting meetings of the Council and other boards and commissions is available. Necessary, equipment includes cameras, a switcher to control the cameras, and recording and playback equipment. There is a range of quality and prices for this equipment. Because in the last few years video technology has been improving Broadcasting Equipment Options: page 2 while costs have been coming down, a fairly sophisticated system could be installed for much less than Richland's experience. 1. High End Video System, Approximately $150,000: We have a rough estimate of approximately $150,000 for the installation of a high end system. This would include three or four remotely controlled (pan/tilt), broadcast quality cameras. They would be zoom lens cameras with the ability to take close-up and wide-angle shots, or intermediate range shots, and would be remotely operated by a City staff member located in the Council chamber. Input from the digital presenter (the replacement for the overhead projector) could be directly fed into the video system. The system would include the ability to record programs and replay them on a set schedule over the government access cable channel. Recordings of meetings in tape or dvd format would be available for sale to the public. 2. Low End Video System, Approximately $20,000: The installation cost for a minimal video system is estimated at about $20,000. This system would include three or four less than broadcast quality fixed cameras. One camera could be fixed on the council dais, one fixed on the podium, and one fixed on staff. As with the high end system, this system could take input directly from the digital presenter and include it in the video feed. A City staff member would control what is being broadcast by switching between cameras as different parties are speaking. As with the more expensive system, the system could record meetings and replay them on a set schedule over the government access cable channel. Recordings of meetings in tape or dvd,format would be available for sale to the public. The difference between the low end and the high end systems would be in the quality of the cameras (probably video conference quality rather than broadcast quality). Also, the low end system would probably only be able to produce one type of shot per camera; that is, the low end cameras would be unable to zoom or change focus to take close-up shots or wide-angle shots. It may be possible to install lower quality pan/tilt zoom cameras at around this cost level. There is a range of options between the low end system, at an estimated cost of$20,000, and the high end system estimated at $150,000; for example, one remotely controlled, pan/tilt camera with a zoom lens could be added to the low end system to allow close ups, scanning the audience, or capturing presentations other than those on the digital presenter. 3. Audio Only System, Approximately $1,500: The lowest cost option would be to do as Walla Walla does and broadcast only audio over the government access cable channel. The cost estimate for a minimal system to broadcast an audio feed only over the cable system is approximately$1,500 Conclusion: With direction from Council on which of these options they would like to pursue (if any), staff can find a knowledgeable consultant who can help in the decision-making process and help format a bid for installation of the system.