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HomeMy WebLinkAbout2006.02.27 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. February 27,2006 1. CALL TO ORDER 2. VERBAL REPORTS FROM COUNCILMEMBERS: 3. ITEMS FOR DISCUSSION: (a) Tri-Cities Visitor & Convention Bureau. (NO WRITTEN MATERIAL ON AGENDA). Presentation by: Kris Watkins, President and CEO Tri-Cities Visitor and Convention Bureau. (b) Burden Boulevard/Road 68 Traffic Discussion by the Transpo Group: 1. Agenda Report from Robert J. Alberts, Public Works Director dated February 22, 2006. 2. Proposed TRAC Complex Traffic Management Guide. (c) Interlocal Agreement for Low-Income Housing Programs: 1. Agenda Report from Rick Smith, Community & Economic Development Director dated February 22,2006. 2. Draft Interlocal Cooperation Agreement. 3. August 30, 2005 Comment Letter. (d) Restroom Facility for Volunteer Park: 1, Agenda Report from Stan Strebel, Administrative & Community Services Director dated February 16, 2006. 2. Quote from CXT Precast Products. (e) Dental Expenses for LEOFF I Retirees: 1. Agenda Report from Gary Crutchfield, City Manager dated February 24, 2006. 2. Memorandum to City Manager from HR Manager dated 2/22106. (f) Architect Services for Vehicle Storage Building: 1. Agenda Report from Gregory L. Garcia, Fire Chief dated February 22,2006. 2. Agreement with SCM Consultants to design a Vehicle Storage Building. (g) Lease Agreement with Local 1433 for 1935 Seagraves Fire Truck: 1. Agenda Report from Gregory L. Garcia, Fire Chief dated February 22, 2006. 2. Proposed Lease Agreement. 4. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 5. EXECUTIVE SESSION: (a) (b) (c) 6. ADJOURNMENT. Reminders: 1. 4:00 p.m., Monday, February 27, Port of Benton - Hanford Area Economic Investment Fund Board Meeting. (COUNCILMEMBER MATT WATKINS, Rep.; JOE JACKSON, Alt.) 2. 12:00 p.m., Wednesday, March 1, 1135 E. Hillsboro Street, #B -Franklin County Mosquito Control District Board Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; JOE JACKSON, Alt.) 3. 7:00 p.m., Wednesday, March 1, Meadow Springs Country Club - WSU Board of Regents Dinner. (MAYOR JOYCE OLSON) 4. 11:30 a.m., Thursday, March 2,Applebee's-Mayor's Meeting. (MAYOR JOYCE OLSON) 5. 5:30 p.m., Thursday, March 2, Parks & Rec. Classroom -- Parks & Recreation Advisory Council Meeting. (COUNCILMEMBER REBECCA FRANCIK, Rep.; MIKE GARRISON, Alt.) 6. 6:00 p.m., Saturday, March 4, Three-Rivers Convention Center - Tri-Citian of the Year Awards Banquet. (MAYOR JOYCE OLSON) r AGENDA REPORT NO. 4 FOR: City Council DATE: 2/22/06 TO: Gary Crutchfi Manager Workshop: 2/27/06 Regular: 3/6/06 FROM: Robert J. Alberts(bk&ur, Public Works SUBJECT: Burden Boulevard/Road 68 Traffic Discussion by The Transpo Group 1. REFERENCE(S): 1. Proposal TRAC Complex Traffic Management Guide 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 2/27/06: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: On June 6, 2005 the City contracted with The Transpo Group to monitor the traffic at the TRAC and Sports Complex during the Fourth of July event. Prior to and following the event, The Transpo Group met with City staff and the event coordinators. Bruce Haldors of The Transpo Group will make a presentation to Council regarding history, findings after the Fourth of July event, recommendations on event traffic management, and future improvements on Road 68 and Burden Boulevard. The Transpo Group has prepared the proposed TRAC Complex Traffic Management Guide. Staff recommends that the TRAC Complex Traffic Management Guide be adopted. V. ADMINISTRATIVE ROUTING Project File 3(b) Traffic Management Guide TRADE, RECREATION AND AGRICULTURAL CENTER (TRAC) COMPLEX Prepared For: City of Pasco ,January 2006 Prepared by: The Transpo Group,Inc. 11730 118`b Avenue NE,Suite 600 Kirkland,NVA 98034-7120 Phone: 425.821.3665 Fax: 425.825.8434 www.thetranspogroup.com 0 2006 The Transpo Group Table of Contents TRAFFIC MANAGEMENT GUIDE ................................................................ 1 Attendance and Traffic Characteristics ..................................................................................1 TRAFFIC CONTROL STRATEGIES............................................................... 3 Scenarios......................................................................................................................................3 Figures Figure 1. TRAC Event Traffic Signage Plan - Scenario 1 .................................................6 Figure 2. TRAC Event Traffic Signage flan - Scenario 2.................................................7 Figure 3. TRAC Event Traffic Signage Plan- Scenario 3.................................................8 Figure 4. TRAC Event Traffic Area Routing......................................................................9 Tables Table1. TRAC Events..........................................................................................................1 Table 2. Traffic Count Summary.........................................................................................2 Appendix Appendix A. MUTCD Sign Standards....................................................................................10 ---- _.. _.............__...__._ - .--...... - ---The Transpo Group I TRAC I taffir Managainerit guide i TRAC Traffic Management Guide January 2006 Traffic Management Guide This traffic management document is intended to serve as a guide for managing the peak traffic generated as a result of concurrent events at the TRAC complex.The Trade, Recreation,and Agricultural Center (TRAC) is located west of the City of Pasco downtown area in the vicinity of Road 68 and Burden Boulevard. The TRAC complex is comprised of a multi-use conference/entertainment center,baseball stadium, soccer field complex, softball diamond complex,hotel,and fitness club,providing a total parking supply of approximately 3,900 parking spaces for the entire complex. Attendance and Traffic Characteristics The TRAC complex hosts approximately 30 major events per year with different attendance levels. Table 1 summarizes the type of events and the attendance levels. Table 1. TRAC Events Average Attendance Per Event Type Annual Occurrence Annual Attendance Event Number of Days Convention' 75 24,500 300 1 to 4 Trade Show' 20 19,000 900 1 to 4 Consumer Show' 45 25,000 550 1 to 4 Meeting' 85 2,500 30 1 Events' 40 69,000 1,750 1 to 4 Banquet or Reception' 60 10,500 200 1 Concerts' 10 28,000 2,350 1 Ice Rink' 770 56,000 70 1 Dust Devil Baseball' 40 70,000 1,750 1 Soccer, 20 26,500 1,550 1 to 2 Softball' 20 26,500 1,550 1 to 2 Total 3 57,500 1. Attendance information provided by TRAC. 2. Attendance information provided bythe Dust Devil baseball organization. 3. Attendance estimated based on number and type of soccer tournaments. 4. Attendance information provided bythe City of Pasco Public Works Department_ As noted above, the Dust Devil minor league baseball games have the highest annual attendance with approximately 70,000 visitors per year. However, concerts have the highest attendance per event with approximately 2,350 visitors per concert. Events that use multiple facilities as part of an organized event (i.e. Grand Old Fourth) require a traffic management plan to effectively maintain traffic operations on the surrounding street system while letting out the event traffic. The 2005 Grand Old Fourth event weekend was observed to assess traffic impacts that result from the multi-day and multi-facility event.Table 2 summarizes the increase in traffic volumes as a result of the Fourth of July activities taking place at the TRAC complex. _..._ _..... ......... -- --- -- ---- --— The Transpo Group I rR.A..-Traffic.Management Cmde 1 . TRAC Traffic Management Guide --_ January 2006 Table 2. Traffic Count Summary Average Weekday 4"of July Event Event Type (July 6)' Weekend' %Change Burden Blvd (Road 68 to Convention PI) 10,065 14,130 40% Burden Blvd(Convention PI to Wayne Dr) 9,155 11,585 27% Burden Blvd(Wayne Dr to Road 60) 7,006 8,830 26% Road 68(1.182 to Burden Blvd) 26,978 31,590 17% Rodeo(Road 68 to Convention PI) 928 2,767 198% 1. Average Daily Traffic(ADT), An average of approximately 30% increase in traffic was observed during the weekend as compared to an average weekday. Most of the increase (40%)was observed on Burden Boulevard between Road 68 and Convention Place).A majority of the traffic visiting TRAC is using I-182 via Road 68/Burden Boulevard intersection. Through out the year, a variety of events take place at the TRAC complex.Based on the size and type of event,venues are utilized at different rates.Events are often held concurrent with other events, especially on weekends.The following are examples of events hosted at TRAC and are summarized into three categories based on the intensity of the traffic generated. Low Traffic • Pasco Ag Show • Home &Garden Show • Farm Fair • Horse Show Medium Traffic • Car&RV show • Boat Show • Health &Safety Expo • Barrel Racing • Dust Devil baseball High Traffic • Sportsman Show • Softball and Soccer tournaments • Grand Old Fourth event ......... The Transpo Group I TRAC Traffir. Mitiageinent Chill,. 2 TRAC Traffic Management Guide January 2006 Traffic Control Strategies Event traffic at the TRAC complex is influenced by two primary components; parking lot location and parking lot utilization.The TRAC complex was broken into parking zones and three scenarios were developed for purposes of managing traffic to/from TRAC.The three parking zones are as follows and are illustrated in the attached figures. • Zone A is comprised of the Dust Devil baseball stadium, soccer field complex, and the softball diamond complex (approximately 1,800 parking spaces). • Zone B is comprised of the fitness club and gravel parking area south Ameri-Suites hotel(approximately 600 parking spaces). • Zone C is comprised of TRAC and the Ameri-Suites hotel (approximately 1,500 parking spaces). In addition to the following event traffic routing and signage strategies, the following will help in mitigating traffic impacts from events held at TRAC. • Scheduling—Concurrent events create the highest traffic impact. Staggering end times for events will help reduce peak volumes. • Parking lot management—Control internal parking loading and unloading by using parking lot personal. It may be necessary to load parking in specific areas to improve the effectiveness of the appropriate strategy as presented below.This will also help concentrate parking management resources to specific on-site areas of the complex. 0 Education—Providing advanced notice to visitors,via handouts,website, etc., on when and where to park will help facilitate improved parking and traffic operations. • Variable Message Sigus {VMS) - Variable message signs are traffic control devices used to provide motorists en-route traveler information. They are commonly installed on full-span overhead sign bridges,post-mounted on roadway shoulders, and overhead cantilever structures.The information is most often displayed in real- time and can be controlled either from a remote centralized location or locally at the site.VMS are designed to affect motorist behavior to improve traffic flow and operations.Traveler information displayed on VMS may be generated as a result of a planned or unplanned event,which is programmed or scheduled by operations personnel. VMS located on I-182 could alert pass-through (non-TRAC) traffic that a TRAC event is planned and recommend use of alternative routes/interchanges. (i.e. Road 100 or North 20`h Avenue), Scenarios The following scenarios represent the different sized events held at TRAC. Each event size has a different strategy and resource allocation (signage and traffic control). Appendix A includes a summary of the MUTCD signs to be used as identified on each of the attached figures. ._.............. .. _.. --- ._...__................._.._.............. ---......-- ..._...._._....__..._..._.. ....._.._..._ The Transpo Group I TRAC Traffic Management 1;nide 3 TRAC Traffic Management Guide January 2006 Scenario 1 Scenario 1 assumes that all parking zones (A,B, and C) are at least 75% to 100% utilized (Figure 1) and is the most intensive traffic control plan with access restrictions and signal control strategies. Figure 1 illustrates the signage and control strategies for scenario 1. Traffic Control Route 1 (Exiting from lots B & C via Convention Place) • Westbound Burden Boulevard only. • Rodeo Drive is closed to out going traffic. • Road 68 Place Closed for through traffic from Convention Place (left turn only). • Signal at Road 68 Place/Burden Blvd, in flash mode and manned by police officer. • Signal at Road 68/Burden Blvd manned by Public Works signal technician or optimized, • Homerun Road is closed. Route 2 (Exiting westbound from lot A) • Westbound Burden Boulevard only. • Road 68 Place Closed for through traffic from Convention Place (right turn only onto northbound Road 68 Place). • Signal at Road 68 Place/Burden Blvd. in flash mode and manned by police officer. • Signal at Road 68/Sandifur Parkway manned by police officer. • Advanced signage to route event traffic to I-182/Road 100 interchange. Route 3 (Exiting eastbound from lot A) • Eastbound Burden Boulevard only(right turn only). • Advanced signage routing event traffic to I-182/North 20`h Avenue interchange. Scenario 2 Scenario 2 assumes that two parking zones (A and either C or B) are at least 75% utilized with either B or C only partially utilized or empty (Figure 2). Traffic Control Route 1 • Westbound Burden Boulevard only. • Rodeo Drive is closed to out going traffic. • Signal at Road 68 Place/Burden Blvd. in flash mode and manned by police officer. • Signal at Road 68/Burden Blvd manned by Public Works. • Homerun Road is closed. -- ......... ......The Transpo Group I TRAC Tiatiic Management('A fide 4 TRAC Traffic Management Guide_ _ January 2006 Route 2 • Rodeo Drive is closed to out going traffic. • Signal at Road 68 Place/Burden Blvd, in flash mode and manned by police officer. • Signal at Road 68/Burden Blvd manned by Public Works signal technician. • Event traffic use Road 68/I-182 interchange. 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O..aYF €t. 3� ... s slsc•�,h•. •�. <;(„r,*.°s: G�'. �"r;�,:it.., %y V 3,� ��e � k - i a ;'4t ,+g $ 3••�S�,aiLw�-'•`�.�Er�.,.i�%$e r I Y .r`���`�'•t��,{;�:C'.!4,44't.'"xtw'6C,a '�'�t �'t :..3;r•'3.l'.':Iia sm�-. :ra�i _rivtAli-�t�%d•5�f,2�:r.':ta:fs�.�M.nm�Yn.t;'. t — - , i r I'� S 20th Ave : '.t • ', rG�� ':i M Z.< , Road 36 4. LIJ LLJ F.I , oad 4 rl� i : , k!f : 6 i : I' i r _ f t t ! C , : I , 0 i �s e- .I_... :... ,..:, .. 7_ 1 , t { i a. _k- s. _ {. t ,lr; c° ti J. Al pnEg� owpeolg., p W •Poo Q A 11=2 ' TRAC Traffic Management Guide — -- - --_ January 2006 Appendix A Manual on Uniform Traffic Control Devices (MUTCD)Sign Standards ROAD CLOSED Sign(R11-2) The ROAD CLOSED(RI sign should he installed where ROAD roads have been closed to all traffic(except authorized vehicles). C LOSED MANDATORY MOVEMENT LANE CONTROL(R3- 5) If used,Mandatory Movement Lane Control(R3-5) signs shall indicate only those vehicle movements that are required from each lane and shall be located where the regulation ONLY applies. Mandatory Movement Lane Control signs should be accompanied by lane use arrow markings,especially where traffic volumes are high,where there is a high percentage of commercial vehicles,or where other distractions exist. ONLYJ_ Turn Prohibition Signs(R3-1 and R3-2) Turn Prohibition signs should be placed where they will be most easily seen by road users who might be intending to turn.If No Right Turn(R3-1)signs are used,at least one should be placed either over the roadway or at a right corner of the intersection.If No Left Turn(R3-2)signs are used,at least one should be placed either over the roadway,at the far left corner of the intersection,on a median,or in conjunction with the STOP sign or YIELD sign located on the near right corner. TYPE I BARRICADE The function of channelizing devices is to warn road users of conditions created by work activities in or near the roadway * and to guide road users. Channelizing devices include cones, tubular markers,vertical panels,drums,barricades,and goo mm (H U6 mm —� temporary raised islands.Channelizing devices provide for (36 in) (24 in) MIN. 240 to smooth and gradual motor vehicle traffic flow from one lane MIN. 306 mrrr to another,onto a bypass or detour,or into a narrower (N to 12 in) traveled way. They are also used to separate motor vehicle traffic from the work space,pavement drop-offs,pedestrian gi�:.,:�-:d;�:.'•�-�+u•..••-•bi.,.,_;¢r..: :;o;:;.; or bicycle paths,or opposing directions of motor vehicle tra ffic. Warning lights may be added to channelizing devices in areas with frequent fog,snow,or severe roadway curvature,or where visual distractions are present. .._..__ The Transpo Group TRAC Traffic Managerient Guide 10 AGENDA REPORT NO. 14 FOR: City. Council Date: February 22, 2006 TO: Gary Crutchfie , y anager Workshop: 2/27/06 FROM: Richard J. Smith, Director Community & Economic Development SUBJECT: Administration of Surcharge Funds for Housing Programs I. REFERENCEf S}: A. Draft Inter-local Cooperation Agreement B. August 30, 2005 Comment Letter II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 2/27/06: DISCUSSION I11. 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. Franklin County has collected over $250,000 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. In an August, 2005 workshop, the City Council reviewed a draft Inter-local Agreement for the administration of surcharge funds. Council comments were submitted in an August 30, 2005 letter (see Exhibit B). V. DISCUSSION: A. Under the terms of the revised Inter-local Agreement the Benton- Franklin Community Action Committee (CAC) would administer the program. All projects would have to benefit very low income people (income at or below 50% of median). The selection of projects would be done by an "Oversight Committee." There is a termination clause which allows any party to terminate the agreement upon 90 days written notice. B. The revised Inter-local Agreement addresses a number of City concerns which were noted in the August 30th comment letter. More specifically: (1) The CAC is now the administrative agency rather than the Pasco Housing Authority. 3(c) (2) The "Oversight Committee" will be responsible for the awarding/distribution of surcharge funds (Section 8.g). (Note: There are two Section 8's in the Agreement.) The CAC will provide staff support. (3) Section 8 of the Agreement defines the distribution process. The Agreement, however, is silent about specific criteria that will be used to evaluate competing proposals for funding. (4) There is no mechanism to ensure that selected projects have the approval of the City in which they are located. The composition of the Committee is not defined. Section 8 states that the "parties to said Agreement shall agree to the organization, size and appointment of members to the Oversight Committee". C. The composition of the Oversight Committee is an issue which should be addressed prior to the execution of the Agreement. Criteria for the evaluation of competing proposals should also be defined. Staff, thus, suggests that the Agreement be sent back with a request for revisions. Exhibit A INTERLOCAL COOPERATION AGREEMENT (AGREEMENT) BETWEEN FRANKLIN COUNTY AND THE CITIES OF PASCO, CONNELL, MESA, AND KAHIL;OTUS FOR THE PURPOSE OF ADMINISTERING HB 2060 GENERATED SURCHARGE FUNDS FOR HOUSING OhOGRAMS FOR EXTREMELY TO VERY LOW INCOME PERSONS THROUGHOUT FRANKLIN'66UNTY THIS AGREEMENT is entered into between Franklin County, and the Cities of Pasco, Connell, Mesa, and Kahlotus (hereinafter also "Cities") for the purpose of creating an Inte—local Agreement for the use of funds created through the surcharge on specific documents recorded thl'ough the Franklin County Auditor's Office to fund housing programs for extremely low income and very low income persons throughout Franklin County. Sec. 1. Purpose: The purpose of this Agreement shall be to provide for the administration and expenditure of funds generated from the, recording surcharge authorized under the provisions of Substitute House Bill 2060 (2002)and RCW 36.22.178. Sec. 2. Parties: The parfies (herei natter,"Parties") to this Agreement shall be Franklin County, a Washington municipal corporation; with it's principle offices located at 1016 North Fourth Avenue, Pasco, Washington; the City of'Pasco,.,a Washington municipal corporation; with it's principle offices located at 525 North Third, Pasco, Washington :the City of C*onnell, a Washington municipal corporation; with it's principle offices located at 104 E. Maims Street, Connell, Washington; the City of Mesa, a Washington municipal corporation; with it's principle offices located at 103 Franklin Street, Mesa, Washington; the City of Kahlotus .a.Washington municipal corporation; with it's principle offices located at E. 130 Weston, Kahlotus,`Washington, a : Sec. 3. County Audltor to Charge and Collect Surcharge: The Franklin County Auditor shall require and collect a sure arge;of ten dollars ($10.00) per instrument be charged for each document recorded per RCW 36,22.178(1),;` Sec. 4. Collection, Adnilhistration, and Distribution Fee (hereinafter "Administrative Fee") For Each Surcharge: As autliorized,by RCW 36.18.010(11) and RCW 36.22.178(1) Franklin County shall retain five percent (5.0%) of the full amount of each recording surcharge collected pursuant to said Agreement for use towards fees in the collection, administration, and local distribution of the surcharge funds. Sec. 5. Use of Administrative Fee: The collected Administrative Fee(s) shall only be used to compensate the Benton Franklin Community Action Committee (BFCAC) for its administration and local distribution of surcharge funds consistent with the uses and terms specified in said Agreement. INTERLOCAL COOPERATION AGREEMENT BETWEEN FRANKLIN COUNTY AND THE CITIES OF PASCO, CONNELL, MESA,AND KAHLOTUS FOR THE PURPOSE OF ADMINISTERING HB 2060 GENERATED SURCHARGE FUNDS FOR HOUSING PR0(,RAMS rnP FYTRFnnr:1 v Tn Nrr:ov i nIA1 inirnAar- rlrMO/"kl Sec. 6. Allocation and Distribution of Surcharge Funds Remaining After Administrative Fee Deduction: Franklin County shall allocate and distribute the surcharge funds remaining after the Administrative Fee deduction as follows: (a) Sixty percent (60.0%) of the funds shall be deposited in the Local Housing Trust Fund. (b) Forty percent (40.0%) of the funds shall be transmitted monthly to the Washington State Treasurer. Sec. 7. Use of Surcharge Funds Deposited In the Local Housing Trust Fund: The surcharge funds deposited in the Local Housing Trust Fund shall be used for housing projects or units within housing projects that are affordable to very low-income persons with incomes at or below fifty percent (50.0%) of the area median income. Permissible uses of the collected surcharge funds are limited to: (a) Acquisition, construction, or rehabilitation of housing projects or units within housing projects that are affordable to vety low-income persons`4vith.irl6omes at or below fifty percent(50.0%) of the area median.income; (b) Supporting building operation and maintehance costs of housing projects or units within housing projects built with housing trust funds, that are affordable to very low-income persons with incomes at or below fifty percent (50.0%) of the area median income, and that require a:supplement to rent income to cover ongoing operating expenses; (c) Rental assistance vouchers for housing projects or units within housing projects that are affordable to very low-income persons with incomes at or below fifty percent (50.0%) of the.area median income, to be administered by a local public housing authority or other local . organization that has an existing rental assistance voucher,program, consistent .with the United Slate department of housing and urban. development's section 8 rental assistance voucher program standards, and (d) Opefating costs for­emergency shelters and licensed overnight youth shelters. Surcharge funds in the Local Flouting Trust Fund shall be retained therein from year to year and shall be used only for!the purposes stated in said Agreement. The Franklin County Treasurer shall maintain the Local Housing Trust Fund and may invost the fund according to law. The Local Housing Trust Fund shall be subject to.Chapter 36.40 RCW budgetary regulations. Sec. S. Pro6iiis for Local Distnbutlon/Use of Surcharge Funds in the Local Housing Trust Fund: In effort to accommodate housing needs throughout Franklin County and the Cities, all Parties to said Agreement hereby agrde,and designate the BFCAC as a contract agency to carry out the administration and local distribution 6t. surcharge funds in the Local Housing Trust Fund. The BFCAC's administration and local distribution of."iurcharge funds in the Local Housing Trust Fund shall be monitored and approved by the Parties' appointed Oversight Committee. All local distributions of surcharge funds shall require Oversight Committee approval prior to distribution. The process to determine administration and local distribution of surcharge funds shall be as follows: (a) The BFCAC shall consider written applications(s) or request(s) for the awarding of surcharge funds upon receipt. (b) BFCAC shall accept for review all written application(s) or request(s) for awarding of surcharge funds towards a project or use authorized by said Agreement. The BFCAC shall be designated to process and review all the aforementioned written application(s)or request(s).. (c) Any and all submitted written application(s) or request(s) to the BFCAC must make request for a use(s) of surcharge funds that is fully in compliance with the specified INTERLOCAL COOPERATION AGREEMENT BETWEEN FRANKLIN COUNTY AND THE CITIES OF PASCO, CONNELL, MESA, AND KAHLOTUS FOR THE PURPOSE OF ADMINISTERING HB 2060 GENERATED SURCHARGE FUNDS FOR HOUSING PROGRAMS FOR EXTREMELY TO VERY LOW INCOME PERSONS THROUGHOUT FRANKLIN COUNTY Page 2 of 9 and permissible uses of RCW 36.22.178(1)(a)-(d) and said Agreement, and additionally shall be in compliance with all other applicable laws or regulations to receive final approval and awarding of funds by the Oversight Committee. (d) The BFCAC shall consider written application(s) or request(s) for awarding of surcharge funds, then make both oral and written recommendation to the Oversight Committee in regards to administration and local distribution of surcharge funds. (e) The BFCAC shall submit written recommendations to the Oversight Committee on a quarterly basis. BFCAC written recommendations shall include sufficient detail regarding the applicants, proposed uses/distributions of surcharge funds, project updates, etc. (f) The Oversight Committee shall convene at minimum semi-annually to consider BFCAC recommendations regarding administration and local distribution of surcharge funds. A representative from BFCAC familiar with all applicants and proposed uses/distributions of surcharge funds shall be present throughout each meeting of the Oversight Committee to advise on the aforementioned. (g) A majority vote of approval by a quorum of the Oversight Committee membership shall be required to approve administration and/or. local awarding/ distribution of surcharge funds to an applicant(s). (h) The Franklin County Treasurer shall provide notice of funds available in the Local Housing Trust Fund to the BFCAC, the Oversight Committee, and the Parties upon request. (i) All applicants awarded surcharge funds shall be subject to, and comply with, applicable BFCAC policies and procedures as a prerequisite to receiving funds. (j) Once the Oversight Committee has determined the local awarding/distribution of surcharge funds the Oversight_Committee shall submit written authorization and instruction to the Franklin County :Treasurer for release of the funds per the Oversight Committee's direction. (k) All applicants who`are,awarded surcharge funds may be subject to performance reporting requirements;.''; (1) The$FCAC.shall provide all Parties and the Oversight Committee an annual written si]rrir ary of the surcharge funds awarded/distributed under said Agreement on or before January each 15th, and eh succeeding year thereafter. (m) BFCAC shall receive financial.;compensation in the form of United States Currency to carry out the term`s of said Agreement by separate contract. (n) No surcharge funds;from the Local Housing Trust Fund shall be used to compensate the BFCAC, as rise of such funds is limited to the terms of Section 7 and RCW 36.22.178. Sec. 8. Oversight CdOmittee: The Parties to said Agreement shall agree to the organization, size, and appointment of members..to the Oversight Committee. The BFCAC shall provide the Oversight Committee with complete,access to all records pertaining to applicants and surcharge funds governed by said Agreement. The Oversight Committee shall at minimum meet semi-annually and provide recommendation to all Parties, including the BFCAC, in regards to project review, analysis, and administration and local distribution of surcharge funds. Sec. 9. property Acquisition: Property acquired with funds disbursed under said Agreement shall be acquired by each applicant/recipient as individual entities and/or parties, and not by Parties to said Agreement as a joint or cooperative undertaking. Sec. 10. Duration: The term of said Agreement shall be for five (5) years from the date of execution unless any party elects to terminate the Agreement. Upon completion of the five (5) year period said Agreement shall be deemed automatically renewed for consecutive five (5) year periods thereafter unless any party elects to terminate the Agreement. INTERLOCAL COOPERATION AGREEMENT BETWEEN FRANKLIN COUNTY AND THE CITIES OF PASCO, CONNELL, MESA,AND KAHLOTUS FOR THE PURPOSE OF ADMINISTERING HB 2060 GENERATED SURCHARGE FUNDS FOR HOUSING PROGRAMS FOR EXTREMELY TO VERY LOW INCOME PERSONS THROUGHOUT FRANKLIN COUNTY Page 3 of 9 i Sec. 11. Termination: Notwithstanding any other provision of said Agreement, any party may terminate said Agreement anytime upon ninety(90) days written notice of intent to terminate, with the termination to become effective upon expiration of ninety (90) days from the notice of termination date. Such notice of termination shall be by formal written action of the elected governing body of the terminating party and shall be provided to all Parties subject to said Agreement. Termination date shall be the date upon which the elected governing body of the terminating party took formal action to terminate said Agreement. Sec. 12. Notice: Any formal notice or communication to be given under said Agreement shall be deemed properly given, if delivered, of if mailed postage prepaid and addressed to the following: To: FRANKLIN COUNTY To: CITY OP PASCO Attn: County Administrator Attn: Joyce.Olson, Mayor 1016 North 4th Avenue 525 North.Third Pasco, WA 99301 Pasco, WA 999301 To: CITY OF CONNELL To: CITY OF MESA Attn: Gary Walton, Mayor Attn- Patti Bailie, Mayor 104 E Adams Street/P O Box 1200 103 Franklin Street/P O Box 146 Connell, WA 99326-1200 Mesa, WA 99343 To: CITY OF KAHLOTUS To: BFCAC Attn: Richard Halverson, Mayor Attn: Judith A. Oidley, Executive Director E 130 Weston/P O Box 100 720 West Court Street Kahlotus, WA 99335 Pasco, WA 99301 Sec. 12. Independent Contractors::The Parties and their employees or agents performing under said Agreement are not deemed to be employees, officers, or agents of the other parties to said Agreement and shall be considered lhde'oendent contractors. Sec. 13. Record Keeping: The BFCAC shall maintain books, records, documents, and other evidence that properly reflect all costs of any Nature expended in the performance of said Agreement. Such records;:shail,.reflect financial procedures:and practices, participant records, statistical records, property and mated6ls'Tecords, and supporting idocumentation. These records shall be subject at all reasonable times to review<and audit by the parties to said Agreement, the Office of the Washington State Auditor, and other officials so authorized by law: Sec. 14. Non-Discrimirtatlon: -Ali Parties to said Agreement certify that they are equal opportunity employers. Sec. 15. Liability: Each`party to said Agreement 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 said Agreement. Sec. 16. No Third-Party Beneficiaries: The Parties to said Agreement do not intend by said Agreement to assume any contractual obligations to anyone other than the parties to said Agreement. The parties do not intend that there be any third-party beneficiaries. Sec. 17. Assignment: No Parties to said Agreement shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other parties. INTERLOCAL COOPERATION AGREEMENT BETWEEN FRANKLIN COUNTY AND THE CITIES OF PASCO, CONNELL, MESA,AND KAHLOTUS FOR THE PURPOSE OF ADMINISTERING H8 2060 GENERATED SURCHARGE FUNDS FOR HOUSING PROGRAMS FOR EXTREMELY TO VERY LOW INCOME PERSONS THROUGHOUT FRANKLIN COUNTY Page 4 of 9 Sec. 10. Amendments or Modifications: Said Agreement may be amended, altered, or changed in any manner by the mutual written consent of all parties. Sec. 19. Waiver: No waiver by any party of any term or condition of said Agreement shall be deemed or construed to constitute a waiver of any other term or condition or of any subsequent breach, whether of the same or a different provision of said Agreement. Sec. 20. Severability: If any of the provisions contained in said Agreement are held illegal, invalid, or unenforceable, the remaining provisions shall continue in full force and effect. Sec. 21. Administrator Designee for Said Interlocal Cooperation Agreemeht. The Board of Franklin County Commissioners is designated as the administrator responsible for overseeing and administering said Agreement which provides for a joint and cooperative undertaking. Sec. 22. Counterparts: Said Agreement may be executed by facsiipile and in any nb'rnber.,of current parts and signature pages hereof with the same affect as if all parties to said Agreement had all signed the same document. All executed current parts shall be construed togeth.0t.—and shall, together with the text of said Agreement, constitute one and the same instrument. Sec. 23. Filing: Copies of said Agreement, together with the resolutions of all the Parties' governing bodies' approval and ratification of said Agreement, shall be filed with City Clerks' Offices, the Franklin County Auditor, and the Secretary of the State of Washington after.execution of said Agreement by all parties. Sec. 24. Effective: Said Agreement shall become effective upon approval by the parties and recording with the Franklin County Auditor. Adopted this day of 2006. BOARD,OF COUNTY COMMISSIONERS FRANKLIN COUNTY,WASHINGTON Neva J. Corkrum, Chairman Robert E. Koch, Chair Pro Tem Frank H. Brock, Member ATTEST: Clerk of the Board APPROVED AS TO FORM: Ryan E.Verhulp Deputy Prosecuting Attorney INTERLOCAL COOPERATION AGREEMENT BETWEEN FRANKLIN COUNTY AND THE CITIES OF PASCO, CONNELL, MESA,AND KAHLOTUS FOR THE PURPOSE OF ADMINISTERING HB 2060 GENERATED SURCHARGE FUNDS FOR HOUSING PROGRAMS FOR EXTREMELY TO VERY LOW INCOME PERSONS THROUGHOUT FRANKLIN COUNTY Page 5 of 9 CITY OF CONNELL Gary Walton, Mayor Attest: Joan Eckman, City Clerk Approved as to Form: Terry Tanner, City Attorney I. INTERLOCAL COOPERATION AGREEMENT BETWEEN FRANKLIN COUNTY AND THE CITIES OF PASCO, CONNELL, MESA,AND KAHLOTUS FOR THE PURPOSE OF ADMINISTERING HB 2060 GENERATED SURCHARGE FUNDS FOR HOUSING PROGRAMS FOR EXTREMELY TO VERY LOW INCOME PERSONS THROUGHOUT FRANKLIN COUNTY Page 6 of 9 CITY OF KAHLOTUS Donna Pone, Mayor Attest: Sharon McCaleb, City Clerk Approved as to Form: Alan Gunter, City Attorney a INTERLOCAL COOPERATION AGREEMENT BETWEEN FRANKLIN COUNTY AND THE CITIES OF PASCO, CONNELL, MESA,AND KAHLOTUS FOR THE PURPOSE OF ADMINISTERING HB 2060 GENERATED SURCHARGE FUNDS FOR HOUSING PROGRAMS FOR EXTREMELY TO VERY LOW INCOME PERSONS THROUGHOUT FRANKLIN COUNTY Page 7 of 9 , CITY OF MESA Patti Bailie, Mayor Attest: Teresa Standridge, City Clerk Approved as to Form: Terry Tanner, City Attorney INTERLOCAL COOPERATION AGREEMENT BETWEEN FRANKLIN COUNTY AND THE CITIES OF PASCO, CONNELL, MESA, AND KAHLOTUS FOR THE PURPOSE OF ADMINISTERING HB 2060 GENERATED SURCHARGE FUNDS FOR HOUSING PROGRAMS FOR EXTREMELY TO VERY LOW INCOME PERSONS THROUGHOUT FRANKLIN COUNTY Page 8 of 9 CITY OF PASCO Joyce Olson, Mayor Attest: Webster U.Jackson, City Clerk Approved as to Form: Leland B. Kerr, City Attorney df INTERLOCAL COOPERATION AGREEMENT BETWEEN FRANKLIN COUNTY AND THE CITIES OF PASCO, CONNELL, MESA,AND KAHLOTUS FOR THE PURPOSE OF ADMINISTERING HB 2060 GENERATED SURCHARGE FUNDS FOR HOUSING PROGRAMS FOR EXTREMELY TO VERY LOW INCOME PERSONS THROUGHOUT FRANKLIN COUNTY Page 9 of 9 Exhibit B CITY MANAGER (509) 545-3444 I Scan 726-3404 I Fax (509) 545-3403 iiiA 1� P.O.Box 293 (525 North 3rd Avenue) Pasco,Washington 99301 August 30, 2005 Patricia Shults, Executive Secretary Franklin County Board of Commissioners 1016 N 4th Avenue Pasco, WA 99301-3706 Subject: Interlocal Cooperation Agreement Comments Dear Ms. Shults: I am writing in response to your request for comments regarding the draft Interlocal Cooperation Agreement for the Purpose of Administering Surcharge Funds Generated as Allowed under RCW 36.22.178. The Pasco City Council discussed the draft Interlocal Agreement at a workshop on August 22, 2005. Our comments are as follows: 1. The agency to be responsible for the administration and allocation of the funds is "...the Pasco Housing Authority, or similar entity, a qualified independent third party organization." This language is confusing. It appears that the PHA is the designated agency, but could be changed at some point in the future. We believe that consideration should be given to designating the Benton Franklin Community Action Committee or other similar entities which have experience in the administration of a range of housing assistance programs. In any event, the language needs to be clarified. 2. The powers of the Administrative Agency are not clear. Who will allocate the funds? The Board of the Administrative Agency? The Oversight Committee? The Board of County Commissioners? 3. What criteria will be used to evaluate proposals? The process also needs to be defined. 4. As the Interlocal is now written, the Administrative Agency/Oversight Committee would have the ability to fund projects/programs in cities which may not comport with City Council priorities. Projects to be considered for funding should first be endorsed by the respective City Council. Patricia Shults, Executive Secretary August 30, 2005 RE: Interlocal Cooperation Agreement Comments Page 2 5. The population of Pasco is now 44,190 (and continuing to grow!). The combined population of the three small cities and unincorporated area is 16,310. The proposed voting structure would afford Pasco only I vote in 5 (20%) when over 73% of the county's population resides in Pasco. The voting structure requires adjustment to reflect an equitable decision-making process. We thank you for the opportunity to comment. We look forward to the opportunity to help shape the revisions; such collaboration will certainly reduce the time and effort required to arrive at an amicable accord. If you need clarification of our comments, please call me or Rick Smith, Community &Economic Development Director, at 545-3441. Sin ly, ar�-rutc eld ity Manag r GC/tlz cc: CqY Council ick Smith, Community & Economic Development Director AGENDA REPORT FOR: City Council February 16, 2006 TO: Gary Crutchfi Manager Workshop Mtg.: 2/27/06 Regular Mtg.: 3/6/06 FROM: Stan Strebel, rative and Community Services Director SUBJECT: Authorization for Purchase of Restroom Facility L REFERENCE(S): A. Quote from CXT Precast Products II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 3/6: MOTION: I move to authorize staff to purchase one "Taos" concrete restroom building from CXT Precast Products in the amount of $86,544.06 plus tax and authorize the City Manager to execute the necessary documents. III. FISCAL IMPACT: CDBG Funding IV. HISTORY AND FACTS BRIEF: A) The 2006 budget and CDBG allocation provides for a new restroom facility at Volunteer Park. (Several years ago the old facility became unusable; it was converted into a well house and storage facility.) In 2005 we completed the replacement of the Memorial Park restroom and anew restroom at Walter's Field (Babe Ruth Baseball)/Riverview Park. Both of these facilities were CXT precast concrete restrooms. Originally designed for remote locations and harsh weather conditions, these facilities have now become common in urban environments where durability and ease of maintenance is valued. B) Because of a high demand for these products in the State, the State Procurement Office has bid and contracted prices for the restrooms, which can be purchased at the same prices by local governments. This allows the City to get the best available price and satisfy bid requirements without the necessity of designing, bidding and building a facility. Based on our inquiries, comparably sized prefab units from other manufacturers or site built units would cost 15-30% more than the state bid. C) Staff proposes to use the same type CXT "Taos" restroom at Volunteer Park as previously installed. Per the attached quote, the base price for the building is $86,544.06 (plus tax) installed. This includes stainless steel fixtures, 2 skylights and electronic door locks. Other minimal site preparation expense (walkways, plumbing- ± $6,000) is anticipated. D) The building can each be set into place in about 2 days, but requires approximately 10 weeks for permitting and assembly from date of order. Staff requests authorization to purchase this facility through the State Contract. 3(d) February 16, 2006 Quotation No.# B062-21136D REVISION Bob Brawley Pasco Parks& Recreation P:O. Box 293 Pasco, WA 99301 Dear Bob: We have the pleasure of offering for your consideration the following quotation, subject to the conditions of acceptance listed, which together constitutes our formal offer. Our quotation for the standard Taos toilet building is as follows: Per Building The standard Taos precast concrete flush building, in an integral $ 85,246.06 EA earthtone color, barnwood textured exterior walls and simulated cedar shake textured roof, with stainless steel fixtures, magnetic door locks on two restroom doors, and two (2) skylights; pre- plumbed and pre-wired; F.O.B. Spokane, Washington; building quote includes crane to offload and assemble the building sections together onto a customer prepared gravel pad and hook-up of utilities from 12" off the top of the pad to the building. Freight of the two building sections to the accessible site in the Pasco, Washington area. $ 1,298.00 EA Total Price $ 86,544.06 EA Note: pricing based on Washington State Contract#09802 administered by State Procurement Officer Mark Gaffney @ 360-902-7232; revision pending pricing subject to change. Tax is not included in this quotation. ALL PLUMBING IS TESTED PRIOR TO SHIPMENT. HOOK-UP BY CUSTOMER MUST BE DONE WITLFIN24 HOURS OF DELIVERY WHILEA CXT REPRESENTATIVE IS ONSITE TO REPAIR ANY LEAKS WHICH MAY DEVELOP DURING TRANSPOR TA TION. ANYHOOK-UP DONE AFTER THIS TIME PERIOD, WHICH DEVELOPS MINOR LEAKS, WILL BECOME THE RESPONSIBILITY OF THE CUSTOMER. CONDITIONS OF SALE I. Taxes Prices exclude all Federal/State/Local taxes. Tax will be charged where applicable if customer is unable to provide proof of exemption. 2. Payment Terms Payment to CXT by the purchaser shall.be made net 30 days after the submission of the invoice to the purchaser. Interest at a rate equal to the lower of(i) the highest rate permitted by law; or (ii) 1.5%per month will be charged monthly on all unpaid invoices beginning the 35th day (includes 5 day grace period) from the date of the invoice. Under no circumstances can a retention be taken and purchaser shall pay the full invoiced amount without offset or reduction. These terms are available upon approval of credit. If CXT initiates legal proceeding to collect any unpaid amount, purchaser shall be liable for all of CXT's costs, expenses and attorneys fees associated with such litigation, including the fees and costs of any appeal. 3. Quotation Term This offer is subject to acceptance within 60 days from the date of this quotation. After that time, prices are subject to change without notice.. 4. Delivery Delivery will be scheduled immediately upon receipt of written customer approval of all building submittals, building worksheet(s) and signed contract/purchase order. In the event delivery of the building/s ordered is/are not completed within 30 days of the agreed to schedule through no fault of CXT, an invoice for the full contract value (excluding shipping and installation costs) will be submitted for payment, the terms of which will be as per item 2 in our quotation. Delivery and installation charges will be invoiced at the time of delivery and installation. Should the delivery and installation costs increase due to changes in the delivery period, this increase in cost will be added to the price originally quoted, and will be subject to the contract payment terms. In the event that the delivery is delayed more then 90 days after the agreed to schedule and through no fault of CXT, then in addition to the remedies above, a storage fee of%% of contract price per month or part of any month will be charged. B062-21136D 5. Fuel Costs Fuel costs for crane and freight have been quoted at fuel prices furnished at the time of quotation. If at the time of delivery and installation these costs have risen, CXT reserves the right to adjust the freight and crane costs to reflect the fuel costs furnished at the time of delivery. 6. Responsibilities of the Customer A. Stake exact location building is to be set, including orientation. B. Provide clear and level site, free of overhead and/or underground obstructions. C. Provide site accessible to normal highway trucks and sufficient area for the crane to install and other equipment to perform the contract requirements. D. Customer shall provide notice in writing of low bridges, roadway width or grade, unimproved roads or any other possible obstacles from State highway and/or main county road to site. CXT reserves the right to charge the customer for additional costs incurred for special equipment required to perform delivery and installation. E. Customer is responsible for all permits required. 7. Access to Site Delivery will be made in normal highway trucks and trailers. If at the time of delivery conditions of access are hazardous or unsuitable for truck equipment for any reason, CXT will negotiate extra costs to ensure a safe and quality installation to the chosen site or will agree to an alternative site with better access. To safely offload the facility referred to within this quotation, CXT must have clear and unobstructed access next to the gravel pad or hole where the facility will be placed. CXT is not responsible for cracked or damaged roads, driveways, sidewalks or aprons that are in the path of the delivery trucks or cranes at the final offloading site. Should CXT be required to obtain a larger crane than quoted due to site amenities or hardscapes, CXT will charge the customer the difference between the crane originally quoted, and the one that was hired in order to successfully offload the facility safely and efficiently. 8. Installation A. If the customer opts for set installation with utility hookup the customer will prepare the building pad and all utility work below the pad per CXT prints. The customer utilities to be stub up 12" above the pad to allow a licensed contractor to hookup all utilities. The crane will arrive and set up next to the pad. Any requirements to lift the building over obstacles or not having the ability of the crane to be right next to the hole could incur additional charges. The size of the crane varies however most cranes require an area of 18'x18' for their outriggers. Truck(s) carrying the B062-21136D building systematically pull up right next to the crane and offload onto the site. Any requirements to lift the building over obstacles or not having the ability of the truck to be right next to the crane could incur additional charges. The installation crew will then hookup customer utilities. Please note: additional time and any special equipment needed by the installation crew for unscheduled site work will be billed to the customer. This work must be approved by Customer Field Representative by signing the Additional Work Required section on the Building Acceptance Form. B. If the customer opts for set installation only the customer prepares the building pad and all utility work below the pad per CXT prints. The customer is responsible for all utility hookups. The crane will arrive and set up next to the pad. Any requirements to lift the building over obstacles or not having the ability of the crane to be right next to the hole could incur additional charges. The size of the crane varies however most cranes require an area of 18'x18' for their outriggers. Truck(s) carrying the building will pull up right next to the crane and offloaded onto the site. Any requirements to lift the building over obstacles or not having the ability of the truck to be right next to the crane could incur additional charges. Please note: if the crane is unable to pull up right next to the pad, a larger crane might need to be used, which would incur additional charges to customer. C. If the customer opts to self-install the building, CXT can provide a drawing of the recommended lifting/rigging arrangement plus the four special lifting plates for the buildings itself with a refundable deposit of $1,000.00 payable by credit card only. The customer must return lifting plates and hardware to CXT(at customers cost) within 2 weeks (14) days or a $1,000.00 fee will be charged to the customer credit card. Please note: It is highly recommended that you use our lifting/rigging arrangements. The CXT arrangements will help prevent damage to the building. CXT will not take responsibility for any damagelaccidents to the building or workers during the use or non-use of our recommended liftinglrigging arrangements. D. CXT recommends a base approximately 6 inches deep of 314" minus road base gravel. The base should be compacted and level 9. Transportation Your building(s) will be transported from our plant to your installation site via semi-truck with trailer. The length and clearance vary with the style of trailer used to accommodate your building model(s) and must be taken into consideration when determining access to site. The Arapahoe/Big B062-21136D Bear/Cheyenne/Montrose/Rio/Taos requires 2 to 4 trucks, depending on the size of the building. Each section shipping on an RGN trailer(approximate ground clearance of 18"). The length of the tractor-trailer can range from 80' to 115, and must have a 14' height and 14' width clearance to access site. 10. CXT Warranty CXT warrants that all structures sold pursuant hereto will, when delivered, conform to specifications set forth in the request for bids provided by the Customer. Structures shall be deemed accepted and meeting specifications unless notice identifying the nature of any non-conformity is provided to CXT in writing within one (1) year of delivery. It is specifically understood that CXT's obligation hereunder is for credit or repair only. CXT will repair structural defects against materials and workmanship for one (1) year from date of delivery provided CXT is first given the opportunity to inspect said structure. CXT warranties all components sold within all structures pursuant here to when delivered within structures. Components deemed accepted and meeting specifications shall be warrantied for a period of one,(1) year against defects in the materials and/or workmanship from said date of delivery. CXT is not responsible for components that are damaged due to misuse, acts of violence, negligence, acts of God, or accidents. Shipping, handling, installation or other incidental or consequential costs, unless otherwise agreed to in writing by CXT, are not included. This warranty shall not apply to: 1) Any goods which have been repaired or altered without CXT's express written consent, in such a way as in the reasonable judgment of CXT, to adversely effect the stability or reliability thereof; 2) To any goods which have been subject to misuse, negligence, acts of God, or accidents; 3) To any goods which have not been installed to manufacturer's specifications and guidelines, improperly maintained, or used outside of the specifications for which such goods were designed. 11. Disclaimer of Other Warranties THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. ALL OTHER WARRANTIES ARE HEREBY DISCLAIMED. CXT MAKES NO OTHER WARRANTY EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. 12. Limitation of Remedies In the event of any breach of any obligations hereunder; breach of any warranty regarding the goods, or any negligent act or omission of any party, the parties B062-21136D agree to submit all claims to binding arbitration. Any settlement reached shall include all reasonable costs including attorney fees. In no event shall CXT be subject to or liable for any incidental or consequential damages. Without limitation on the foregoing, in no event shall CXT be liable for damages in excess of the purchase price of the goods herein offered. 13. Acceptance The foregoing terms will be deemed accepted in full by signature below and return of one copy to CXT, subject to customer credit approval. A copy of any applicable form of payment security device (i.e. payment bonds) available to CXT shall be included with the signed copy of this agreement. We trust that the foregoing accurately confirms acceptable terms of sale. If however, there should be any matters in which you require further information, please do not hesitate to call the undersigned. Thank you for your interest. Sincerely, CXT INCORPORATED Offer accepted as above: Eric Kuester Customer Signature Territory Sales Manager Name and Title FEDERAL I.D. 91-1498605 Date Number of Buildings Ordered If you are requesting lifting plates, please provide us with the following information. Credit Card 4 Name: (Exactly as it appears on credit card) Expiration Date: B062-21136 AGENDA REPORT TO: City Council February 24, 2006 FROM: Gary Crutchfi Manager Workshop Mtg.: 2/27/06 SUBJECT: Dental Expens s for OFF I Retirees I. REFERENCE(S): 1. Memorandum to City Manager from HR Manager dated 2/22106 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 2/27: Discussion toward consensus I1I. FISCAL IMPACT: Up to $60,000 annually IV. HISTORY AND FACTS BRIEF: A) As outlined in the attached memorandum, the city is obligated by state law to pay for all "medically necessary" services to those retired Pasco police officers and firefighters initially employed prior to 1977 (under the LEOFF I .program, which was changed to LEOFF 11 in 1977). That obligation is generally administered by the LEOFF I Disability Board, a Board of five local individuals composed as follows: one retired police officer and one retired firefighter (both of whom must be beneficiaries of the LEOFF I program); two City Council representatives; and one "at-large" citizen. The Board establishes rules for and reviews reimbursement claims by retirees in addition to acting as a hearing body to pass judgment on disability applications. B) The Disability Board has recently entertained the notion that it should authorize retirees to receive regular dental care (including prevention services such as exams and cleaning) as a new benefit, over and above those required to be paid as "medically necessary." The genesis of that consideration is outlined in the attached memorandum from the HR Manager. C) The recent court decision cited in the attachment essentially authorizes any disability board to determine the kind of claims it will approve for payment by the respective city. Thus, the historical standard of"medically necessary" is now viewed as a "floor" (or a minimum), to which additional claims (which become city obligations) may be added at the discretion of the disability board (not the city). In view of the potential financial impact of this fundamental change, the City Council's two representatives could benefit from full Council discussion of this matter. V. DISCUSSION: A) As noted in the attached memorandum, the city's annual obligation for the 39 LEOFF I f retirees currently exceeds $300,000 (that will most certainly increase over time, as the retirees age and medical costs continue to escalate). In addition, the city currently employs another five individuals who will use the LEOFF I system soon; this represents another 13% increase (or about$50,000 annually) in exposure. B) The addition of dental services (beyond those that are "medically necessary")represents an additional cost to the city (benefit to retirees) ranging between $20,000 to $60,000 per year, dependent upon the annual cap on such claims that might be fixed by the Disability Board. C) Staff urges Council discussion on the following policy questions: 1. Should the Disability Board expand the dental benefit beyond those "medically necessary?" 2. If so, what level of financial impact to the city is appropriate or acceptable? D) Council discussion of this matter will permit its two representatives on the Disability Board to more accurately reflect the position of the City Council regarding the fundamental policy matters. This can be accomplished through discussion and consensus or the City Council may go so far as to approve a resolution which declares its position regarding the matter. `e) MEMORANDUM TO: Gary Crutchfield, City Manager FROM: Lynne Jackson, HR Manager RE: Dental Coverage for LEOFF 1 Retirees DATE: February 22, 2006 At the January 2006 LEOFF Disability Board meeting, the Board voted unanimously (one absent member) to explore dental coverage for LEOFF 1 retirees. The purpose of this memo is to discuss the Board's authority and the City's obligation with regard to dental coverage and to present data acquired from other LEOFF Disability Board. Background: Currently the Pasco LEOFF Disability Board does not provide reimbursement for routine dental care; neither does the City of Pasco carry dental insurance on retired LEOFF 1 members. Dental care is the responsibility of the individual member. In the past two plus years there has been one request for oral surgery and subsequent dental replacement. The oral surgery was approved as medically necessary by the Pasco LEOFF Disability Board; the dental replacements were not approved. LEOFF Authority: Up until the Washington State Court of Appeals decision (Snohomish County Fire District No.1 v. Snohomish County Disability Board) the LEOFF Board's authority to reimburse for dental coverage rested upon RCW 41.26.030 (22) "'Medical services' for plan 1 members, shall include the following as minimum services to be provided...." "(H) Dental charges incurred by a member who sustains an accidental injury to his or her teeth and who commences treatment by a legally licensed dentist within ninety days after the accident;..." The Snohomish case greatly expanded the authority of the LEOFF Disability Boards. The Washington Court of Appeals affirmed the trial court's decision that the Snohomish County Disability Board acted within its authority to promulgate "a set of rules relating to dental services available to-members of the LEOFF 1 system." The Court of Appeals affirmed the trial court's decision because: "(1) the Board's promulgation of rules does not amount to legislation; (2) the Act does not condition additional medical benefits coverage on the existence of a specific sickness or disability; (3) the Board may designate medical services beyond those listed in RCW 41.26.030(22) as reimbursable; and (4) the Board did not abuse its discretion in determining that preventative dental services are necessary medical services." Basically, this court decision allowed the Snohomish County LEOFF Disability Board to provide healthcare coverage in excess of the coverages listed in RCW 41.26.030(22). Although the court's arguments become somewhat circular, their conclusion is the Snohomish Board was within its authority to determine that preventative dental care was a reasonable interpretation of the term'necessary medical expenses.' The Snohomish Disability Board claimed to have researched the issue of preventative dental services and determined that spending money on preventative services would prevent unnecessary future medical expenses. Data: Responding Boards: 23( 6 eastside and 17 westside) Boards with dental coverage: 9 Boards without dental coverage: 14 Six of the Boards with dental coverage have an annual cap, allowing members to determine their own dental care, excluding cosmetic dentistry. The annual caps ranged from$150/year- $3,000/year, with an average of $941.67/year/member. Of the remaining three Boards, all three paid for one exam (with x- rays) per year and two cleanings per year. Two of the three also paid for 'routine dental and periodontal care, no limits noted. Several of the Boards contacted were considering adding dental care in light of the Snohomish case. City's Obligation: The City's obligation is to pay the bills approved by the LEOFF 1 Disability Board for retiree medical expenses (that board, evidenced by the Snohomish court decision, however, has legal authority to approve more services for LEOFF 1 retirees than those specified in state law.) The City's other obligation is to its taxpayers, who ultimately foot the bill for "discretionary" services which might be approved by the LEOFF 1 Disability Board. Thus, the City Council can and should advise its representatives on the LEOFF 1 Disability Board when major policy issues are to be decided by the LEOFF 1 Board (such as whether or not to pay for dental services when not medically necessary.) Cost Factors: There are 39 LEOFF 1 retirees and 5 active LEOFF 1 employees. Currently the City sets aside $596/retiree/month to cover the medical claims incurred by the retirees. Additionally the City incurs claims that are submitted directly to the LEOFF 1 Board that are not covered by our current medical insurance program, but are allowed under the LEOFF 1 Disability Board rules and procedures. Actual costs- 2005 Medical "premium" $596/month/member $278,928 annual cost Board approved medical reimbursements $ 30,000—2005 costs Potential costs--if insured through the City's current plan Retiree dental "premium" $46.42/month/member* $ 22,000—annual projected cost Max. annual dental benefit $1,500/year/member $ 58,500 *Premium cost is taken from AWC 2006 retiree insurance premium information. The City already has a cost outlay of greater than $300,000 per year for the 39 LEOFF 1 retirees. Adding these retirees to the City's dental coverage could cost the City an additional $58,500 per year (maximum utilization.) Even if the average utilization was half of the maximum allowed, the City's increased cost to add dental coverage would be approximately $29,250 per year. The.Pasco LEOFF 1 Board members in favor of dental coverage have argued that preventative dental care would prevent unnecessary future medical expenses. However, they have not provided data to support this premise. Currently, LEOFF 1 retirees provide for their own dental care, except those that are "medically necessary". As noted above, there has only been one claim for medical care related to dental issues. It is doubtful that the City would have avoided these costs even if the retiree had had preventative dental coverage through the City. Conclusion. Two members of the LEOFF 1 Disability Board are strongly in favor of dental coverage and they have vigorously argued for some type of dental coverage. If the City were to consider supporting the addition of dental coverage for LEOFF 1 retirees, I would advise that we not include the LEOFF 1 retirees on the City's dental insurance. Rather such dental care should be a direct reimbursement with a limit on both the care and the maximum financial cost (for example: $500/year/member maximum which would include 1 cleaning and 1 exam.) At $500/year/retiree, the maximum annual cost for the City would be $19,500, with an anticipated increase of $2,500 annually when the five active LEOFF 1 members retire. VL AGENDA REPORT FOR: City Council DATE: 2122/06 TO: Gary Crutchfi i Manager Workshop Mtg.: 2/27/06 FROM: Gregory L. Gar ia, Fire Chief 6;-� Regular Mtg.: 3/6/06 SUBJECT: Professional Services Agreement with SCM Consultants I. REFERENCE(S): 1. Copy of Agreement with SCM Consultants to design a Vehicle Storage Building 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 2127/06: Discussion 3/6106: MOTION: I move to approve the Agreement with SCM Consultants (to design a Vehicle Apparatus Building and, further, authorize the Mayor to sign the Agreement. 111. FISCAL IMPACT: Cost for services is $24,750.00 IV. HISTORY AND FACTS BRIEF: A) The fire department has a vehicle storage building located at the City Yards that houses the department's reserve vehicles to be used in times of large incidents. B) The location is not conducive for a fast response as the firefighters picking up the equipment have to pass through a locked gate before they reach the building. The present building is not located in an area which would provide a fast response to an incident. C) The present location is not monitored on a daily basis because of its remote location and the vehicles can be not checked every day to insure a rapid response. V. DISCUSSION: A) The City Council approved a new vehicle apparatus building in the 2006 Capital Improvement Budget that would be constructed on City property located next to Fire Station 83. B) The new location is close to Highway I-182 making it convenient to response in any direction quickly and the vehicles can be monitored on a daily basis to insure a rapid response capability. C) The Public Works Department has been asking to use the old building as their operation has been expanding for several years and they can use the building as soon as possible. D) The new vehicle storage building will be designed to match the decor of Station 83. 3(f) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco,hereinafter referred to as the "City", and SCM Consultants, Inc., hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide architect and engineering services with respect to the Vehicle Storage Building at Station 83 on Road 68. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with Attachment One. 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 lump sum basis as set forth on the fee schedule found in Attachment One, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $24,70.00, SCA4 Consultants. Tnc. 16. Notices. Notices to the City of Pasco shall be sent to the following address: Gregory L. Garcia City of Pasco P. O. Box 293 Pasco, WA 99301 Notices to the Consultant shall be sent to the following address: Dale Van Schoiack SCM Consultants, Inc. 7601 W. Clearwater, Suite 301 Kennewick, WA 99336 509-783-1625 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: Joyce Olson, Mayor Signature, Printed Name and Title ATTEST: APPROVED AS TO FORM: Webster U. Jackson, City Clerk Leland B. Kerr, City Attorney SCM Consultants, Inc. Vehicle Storage Building at Station 83 on Road 68 ATTACHMENT ONE CLIENT SHALL PROVIDE ARCHITECT/ENGINEER: Site access, program description, and doCUment review comments. ARCHITECT/ENGINEER SHALL PROVIDE THE FOLLOWING SERVICES: Schematic and construction documents for 3,500 SF highbay wood frame structure with minimal heating and electrical. Trench drains to be provided with oil separator. No casework, sinks, washdown or restroom facilities. A/E SERVICES WILL INCLUDE: • Complete bid documents • Building permit coordination • Bid phase services • Contractor award recommendation • Owner/Contractor agreement preparation • Notice to Proceed • Construction phase services • Notice of 'Substantial Completion' • Construction close out coordination ARCHITECT/ENGINEER SCHEDULE SHALL BE: Schematic design within 30 days of this signed agreement and construction documents for plan check within 30 days of approval of the schematic design package. ARCHITECT/ENGINEER FEES FOR THE SERVICE SHALL BE: $24,750.00 OTHER: Site Survey, Geotechnical Report or other special services can be provided as requested. AGENDA REPORT FOR: City Council February 22, 2006 TO: Gary Crutchfi anager Workshop Mtg.: 2/27/06 FROM: Gregory L. Ga cia, Fire Chief Regular Mtg.. 3/6/06 SUBJECT: 1935 Seagraves Agreement with Local 1433 I. REFERENCE(S): 1. Proposed Lease Agreement IL ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 2/27: Discussion 3/6: MOTION: I move to approve the lease agreement with Local 1433, IAFF, for the 1935 Seagraves Fire Truck and, further, authorize the City Manager to sign the agreement. 111. FISCAL IMPACT: Revenue $1.00 IV. HISTORY AND FACTS BRIEF: A) The Local desires to use the 1935 Seagraves fire truck for parades, firefighter conventions and the annual muscular Dystrophy drive. B) The City is willing to lease the vehicle to the Local for $1.00 for three years. The Local is willing to restore the vehicle at their cost and store it away from City property. To be able to do this they must enter in to an agreement with the City. The simplest means of accommodating their desire while protecting the city's asset and complying with applicable laws and risk management, is to lease the truck to the Local in accordance with certain conditions. V. DISCUSSION: A) The proposed lease is a three year agreement commencing March 2006 and terminating December 31, 2009. The agreement is renewable in writing for three year periods. B) The Local is permitted to use the vehicle for civic parades, firefighting related conventions and automobile exhibitions only in the Tri-City area. Any other use would require advance written approval by the City. C) The Local will provide insurance indemnifying the city of any accidents or any incidents of misbehavior on their part and will refurbish and maintain the truck during the lease term. D) Staff recommends Council approval of the prepared lease. 3(9) WHEN RECORDED,PLEASE RETURN TO: CITY OF PASCO Attn:Fire Chief 525 North 3rd Pasco,WA 99301 FIRE TRUCK LEASE The CITY OF PASCO, (hereinafter referred to as "Lessor") does hereby rent and lease unto IAFF Local 1433, (hereinafter referred to as "Lessee") and Lessee does hereby lease from the Lessor a antique Seagraves 1935 fire truck, Serial #82015 (herein after referred to as "Tracck"). WHEREAS, the Lessor is granted authority to lease property under RCW 35A.11.010; and NOW,THEREFORE, in consideration of the terms, conditions, covenants, and perfonnances contained herein, IT IS MUTUALLY AGREED AS FOLLOWS: 1. TERM. The term of this Lease shall commence on March_, 2006, and terminating on January 31, 2009. This Lease may be extended by mutual agreement of the Parties in writing for an additional three (3)year period thereafter. 2. RENT. The Lessee hereby covenants and agrees to pay rent for the Truck to the Lessor from the date the Lessee takes possession of the Truck. The rental rate will be one dollar($1.00)for the term of the lease. Lessee shall restore the Truck to its original condition as a "show vehicle". 3. RENT PAYMENTS PAYABLE TO: City of Pasco, Washington .Mail Payments to: City of Pasco Attn: Jim Chase 525 North 3rd .Pasco WA 99301 Page 1 of 6 4. ENCUMBRANCES. It is expressly understood that the Lessee shall not encumber the Truck nor permit any liens, claims or encumbrances to attach thereto. 5. USE OF VEHICLE. A. The Truck is to be used for Public Exhibition. For purposes of this Lease Agreement Public Exhibition is defined as civic parades, fire fighting related conventions, and automobile exhibitions within the Tri-City area. Any other use of the Truck by Lessee must be pre-approved by Lessor in writing. B. In using the Truck, the Lessee shall comply with all policies and regulations heretofore or hereafter promulgated by the Lessor relative to the operation and maintenance of the Truck. The truck shall bear the lettering "City of Pasco Fire Department". C. In using the Truck, it is expressly agreed that 1) the Lessee at all times must comply with all federal, state, and local laws, regulations, ordinances, and environmental requirements that are in force or which may hereafter be in force which affect the use of the Truck, and 2) must secure all necessary permits and licenses necessary and incidental to any operation under this Lease and give all notices required by such permits and licenses. D. Lessee hereby covenants no person shall operate the Truck while under the influence of drugs, alcohol, or any other narcotic. Drug related activity means any activity that constitutes a violation of Chapter 69.41, 69.50, or 69.52 RCW. In the event that Lessee violates this provision, this Lease may be immediately terminated by the Lessor. 7. AS IS WAIVER OF LIABILITY. Lessee takes the Truck "as is" and agrees not to hold Lessor liable for any defect to the Truck known or unknown at the time of the commencement of lease. S. LESSOR'S RIGHT OF ENTRY AND INSPECTION. The Lessor reserves the right to inspect and view the Truck after providing two (2) days notice to the Lessee. 9. INSURANCE. A. At its sole expense, the Lessee shall secure.and maintain in effect a policy providing public liability insurance issued by an insurer licensed to conduct. business in the state of Washington. The insurance policy shall provide liability coverage for any and all claims of bodily injury, property damage, and personal injury arising from the Lessee's use of the Truck, which is the subject of this Lease. The insurance policy required by this section shall provide coverage as follows: if the Truck Page 2 of 6 is used in any Public Exhibition, no less than One Hundred Fifty and Thousand and no/100 Dollars ($150,000.00) bodily injury and property damage or combined single limit of liability per eve, with a general aggregate limit of no less than Two Hundred Thousand and no/100 Dollars ($200,000.00) per policy period; and if the Truck is not to be used for public exhibition, no less than Five Hundred Thousand and no/100 Dollars ($50,000.00) bodily injury and property damage or combined single limit of liability per occurrence, with a general aggregate limit of no less than Twenty-Five Thousand and no/100 Dollars ($25,000.00). Such aggregate limits shall apply for the Truck, and coverage under said policy shall be triggered on an "occurrence" basis, not a "claims made" basis. B. The Lessor shall be named as an additional insured by endorsement of the liability policy required by this section utilizing ISO Form 2026 (Additional Insured — Designated Person or Organization) or its equivalent without modification. The endorsement shall require the insurer to provide the Lessor with not less than Thirty (30) days written notice before any cancellation of the coverage required by this section. C. No changes whatsoever shall be initiated as to the coverage without prior written approval by the Lessor. D. Unless approved by the Lessor in advance in writing, the liability coverage required by this section shall not be subject to any deductible or self-insured retentions of liability greater than: Five Hundred and 00/100 Dollars ($500.00) per occurrence if the Truck is to be used for Public Exhibition, or: Two Hundred Fifty Dollars and 00/100 Dollars ($250.00) per occurrence if the Truck is not used for Public Exhibition. The payment of any such deductible or self-insured retention of liability amounts remains the sole responsibility of the Lessee. E. The Lessee assumes all obligations for premium payment, and in the event of nonpayment, is obligated to reimburse the Lessor the cost of maintaining the insurance coverage and any legal fees incurred in enforcing such reimbursement in the event the Lessee fails to pay the policy premiums. G. Coverage, if obtained by the Lessee in compliance with this section, shall not be deemed as having relieved the Lessee of any liability in excess of such coverage. H. The Lessee shall provide the Lessor with a certificate of insurance reflecting the insurance coverage required by this section within ten (10) business days of the execution of this Lease. Such certificates shall also be provided upon renewal of said policies and changes in carriers. Page 3 of 6 10. CASUALTY. A. Should the Truck owned by the Lessor be substantially damaged or totally destroyed by any casualty or peril, this Lease shall be deemed terminated immediately. Should fire, lightning, earthquake, or any casualty or peril partially damage the Truck subject to this Lease,Lessor may elect to terminate this Lease. B. Lessee, its successors or assigns, will protect, save and hold harmless Lessor, its authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Lessee, its assigns, agents, contractors, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities related to this Lease, whether those claims, actions, costs, damages, or expenses result from acts or activities occurring on or off the Leased Premises. The Lessee further agrees to defend the Lessor, its agents or employees, in any.litigation, including payment of any costs or attorney's fees, for any claims or actions commenced thereon arising out of or in connection with acts or activities related to this Lease, whether those claims, actions, costs, damages, or expenses result from acts or activities occurring on or off the Leased Premises. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the Lessor or its authorized agents or employees; Provided, that if the claims or damages are caused by or result from the concurrent negligence of (a) the Lessor, its agents or employees, and (b) the Lessee, its agents or employees, or involves those actions covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Lessee or Lessee's agents or employees. The provisions of this paragraph shall survive the termination of this Lease. 1.1. INDEMINIFICATION. The Lessee hereby agrees to hold harmless the Lessor from all clairns or suits in equity resulting from Lessee's failure to comply with such requirements. 12. MODIFICATIONS. This instrument contains all the agreements and conditions made between the parties hereto pertaining to the rental of the Leased Truck herein described and may not be modified orally or in any manner other than by an agreement in writing signed by all parties thereto. The receipt of rent by the Lessor, with knowledge of any breach of this Lease by the Lessee, or of any default on the part of the Lessor in the observance or performance of any of the conditions or covenants or this Lease, shall not be deemed to be a waiver of any provision of this Lease. No failure on the part of the Lessor to enforce any covenant or provision herein contained, nor any waiver of any right thereunder by the Lessor, unless in writing, shall discharge or invalidate such covenant or provision or affect the right of the Lessor to enforce the same in the event of any subsequent breach or default. Page 4 of 6 13. TOTALITY OF AGREEMENT. It is understood that no guarantees, representations, promises, or statements expressed or implied have been made by the Lessor except to the extent that the same are expressed in this Lease. 14. BINDING CONTRACT. It is understood that this Lease shall not be valid and binding upon the Lessor unless and until accepted and approved by the Pasco Fire Department or its duly authorized representative. 15. INTERPRETATION. This Lease shall be governed by and interpreted in accordance with the laws of the State of Washington. The titles to paragraphs or sections of this Lease are for convenience only and shall have no effect on the construction or interpretation of any part hereof. 16. SEVERABILITY. In case any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Lease shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 17. VENUE. Lessee agrees that the venue of any action or suit concerning this Lease shall be in the Franklin County Superior Court, and all actions or suits thereon shall be brought therein, unless applicable law provides otherwise. 18. ATTORNEY FEES. In the event of any controversy, claim, or dispute arising out of this Lease, each party shall be solely responsible for the payment of its own legal expenses, including but not limited to, attorney's fees and costs. 19. NOTICES. Wherever in this Lease written notices are to be given or made, they will be served, personally delivered or sent by certified or overnight mail addressed to the parties at the address listed below unless a different address has been designated in writing and delivered to the other party. The Lessee agrees to accept service of process at said address. Such service shall be deemed personal services. CITY: City of Pasco Attn: Fire Chief Pasco Fire Department 310 North Oregon Ave P.O. Box 293 Pasco, Washington 99301 LESSEE: IAFF Local 1433 Attn: President Local 1433 PO Box 568 Pasco, Washington 99301 Page 5 of 6 DATED this day of March, 2006. CITY OF PASCO, WASHINGTON Gary Crutchfield City Manager LESSEE: IAFF LOCAL 1433 Designated Representative Page 6 of 6