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.
Route 3
• Eastbound Burden Boulevard only (right turn only).
• Advanced signage routing event traffic to 1-182/North 20"Avenue interchange.
Scenario 3
Scenario 3 assumes that only one of the three parking zones is 75% to 100%utilized,
with the other two only partially utilized or empty. No event traffic control needed
(Figure 3).
The Transpo Group I TRAC:1 rnftir. Manacienwrir Guide S
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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