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HomeMy WebLinkAbout2006.09.25 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. September 25,2006 1. CALL TO ORDER 2. VERBAL REPORTS FROM COUNCILMEMBERS: 3. ITEMS FOR DISCUSSION: (a) Ambulance and Emergency Medical Services Rate Study: 1. Agenda Report from Jim Chase, Finance Manager dated September 21, 2006. 2. Report from HDR Engineering, Inc., Cost of Service Study for Ambulance and Emergency Medical Services (Council packets only; copy available in Finance Manager's office for public review). (b) Recommendation on Swimming Pools,Parks and Recreation Advisory Council: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated September 20, 2006. 2. Letter from Duane Taber dated September 1, 2006 with attachments. (c) Tri-City Regional Centers: 1. Agenda Report from Richard J. Smith, Community & Economic Development Director dated September 20, 2006. 2. Professional Services Agreement with E.D. Hovee & Company, LLC with Proposed Scope of Work. (d) Comm ercia Uln du strial Water Rights: 1. Agenda Report from Gary Crutchfield, City Manager dated September 22, 2006. 2. Memorandum from City Manager to City Council dated 9/21/06. (e) Grand Old 4" Celebration: 1. Agenda Report from Gary Crutchfield, City Manager dated September 21, 2006. 2. Letter from Franklin County Administrator dated 8/21/06. 3. 2006 Event Profit/Loss Summary. (f) North 4th Avenue Corridor Enhancements: 1. Agenda Report from Richard J. Smith, Community & Economic Development Director dated September 21, 2006. 2. Vicinity Map. 3. Proposed Resolution. (g) Capital Improvement Plan: 1. Agenda Report from Gary Crutchfield, City Manager dated September 21, 2006. 2. Proposed Resolution. (h) Legislative Consultant Services Agreement: 1. Agenda Report from Gary Crutchfield, City Manager dated September 22, 2006. 2. Proposed Agreement. 4. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 5. EXECUTIVE SESSION: (a) (b) (c) 6. ADJOURNMENT. Workshop Meeting 2 September 25, 2006 Reminders: 1. 4:00 p.m.,Monday, September 25, Port of Benton—Hanford Area Economic Investment Fund Board Meeting. (COUNCILMEMBER MATT WATKINS, Rep.,JOE JACKSON,Alt.) 2. 6:00 p.m., Tuesday, September 26, Elmer's Restaurant, Walla Walla — AWC Regional Meeting. (COUNCILMEMBER REBECCA FRANCIK) 3. 10:00 a.m., Wednesday, September 27, 710 W. Court Street—Local Housing Trust Fund Oversight Committee. (MAYOR JOYCE OLSON) 4. 7:30 a.m., Thursday, September 28, Hampton Inn, Richland — Tri-Cities Visitor & Convention Bureau Board Meeting. (COUNCILMEMBER MIKE GARRISON,Rep.;TOM LARSEN,Alt.) 5. 4:00 p.m., Thursday, September 28, Three-Rivers Convention Center — TRIDEC Board Meeting. (COUNCILMEMBER MIKE GARRISON,Rep.,TOM LARSEN,Alt.) 6. 5:30 p.m., Thursday, September 28, 710 W. Court Street— Community Action Committee Meeting. (MAYOR JOYCE OLSON,Rep.,COUNCILMEMBER REBECCA FRANCIK,Alt.) 7. 7:00 p.m., Thursday, September 28, 800 W. Canal Drive—Benton-Franklin District Board of Health Meeting. (COUNCILMEMBERS REBECCA FRANCIK and MATT WATKINS) II AGENDA REPORT FOR: City Council Date: September 21, 2006 TO: Gary Crutch y Manager W/Shop Mtg.: September 25, 2006 Stan Strebel, A i trative & Community Services Director FROM: Jim�has nance Manager SUBJECT: Ambulance and Emergency Medical Services Rate Study I. REFERENCE(S): A) Report from HDR Engineering, Inc., Cost of Service Study for Ambulance and Emergency Medical Services. (Council packets only; copy available in Finance Manager's office for public review) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9/25/06 DISCUSSION: III. FISCAL IMPACT: The Monthly Utility Fee would provide approximately $487,000 of revenue to the Ambulance Service Fund. The General Fund would be required to continue provide at least $420,000 of funding to the Ambulance Service Fund. The transport fees are set to provide the remaining revenue to continue to operate the fund on a break even basis. IV. HISTORY AND FACTS BRIEF: A) The city historically funded ambulance service through the imposition of a modest monthly household "excise tax" applied to all residences and business at an equal rate. In a 2004 decision, the Washington State Supreme Court barred cities from charging an ambulance utility "household" tax as a means to fund ambulance and emergency medical services as the.court determined this tax exceeded the entities taxing authority. In response to the Court's ruling, the State Legislature, in 2005, passed legislation giving cities the authority to charge transport fees and a monthly utility service fee but requiring cities to complete a "cost of service" study, similar to what may be done for establishing water or sewer rates, before implementing those fees for ambulance services. That new legislation is contained in RCW 35.21.766. B). As establishing an ambulance utility rate structure under the new state law may provide the best alternative for funding this important service, staff employed HDR Engineering, (HDR) a company with experience in preparing utility cost of service studies, to complete a cost of service study as required by the RCW. V. ADDITIONAL DISCUSION A) Are the proposed rates acceptable? The study proposes a monthly utility service fee of$3.00. The proposed transport fees of$660 for residents and$990 for non-residents are less than the current rates of $950 and $1,140. The Non-transport Medical Service rate would remain at $200 and the Mileage rate would also remain at $9 per mile from the pick-up location to the hospital. B) Under the proposed rates, the City will continue to bill the patient's insurance company and Medicare and Medicaid, and will continue to collect any allowable unpaid remaining amount owed from the patient. C) When the household excise tax was in place prior to 2005, the amounts owing to the City after the insurance companies and Medicare paid their portions was reduced to zero by a "tax credit" given per the PMC. Beginning in 2005 staff was directed to cease offering the credit and bill the patient the allowable remaining amount owing. If it is council's desire to once again offer a no dollars out-of-pocket service to 3(a) residents, additional revenue would need to be provided to the utility. This could come from an additional General Fund transfer, an increase in the monthly fee or an increase in the transport rates. In 2003 and 2004 those credits amounted to $54,708 and $68,767 respectively. An alternative would be to offer a hardship allowance to those without insurance or those with a limited ability to pay. Staff could provide an application with certain income verification criteria. The annual allowance could be in the $40,000 to $60,000 range. D) The Cost of Service study identifies 2 options. Option A reflects the costs of service between Resident and Non-resident. Option B allocates costs between types of calls or various classes of services. Since the study revealed only slight differences between the various classes of service, Option A, charging separate transport fees to residents and non-residents and charging a monthly service fee to residents, would appear to be the least complicated and straightforward method to use. E) Staff assumes the monthly service fee would be charged to each utility account location, in the same manner as it had been done previously. F) Staff needs direction on when would be a proper time to implement new rates and fees. VI. OTHER COMMENTS Tom Gould has prepared and provided numerous water and sewer utility rate analysis for the City in the past. Current utility rates were set as a result of his former employer Economics and Engineering Services, Inc. (EES) recommendations. EES has since merged with HDR and Mr. Gould, now Vice President with HDR, will be on hand to give a presentation and answer questions. j i e?' AGENDA REPORT FOR: City Council September 20, 2006 TO: Gary Crutchfi anager Workshop Mtg.: 9/25/06 Regular Mtg.: FROM: Stan Streb,l inistrative and Community Servic SUBJECT: Recommendation on Swimming Pools, Parks and Recreation Advisory Council I. REFERENCE(S): A. Letter from Duane Taber, September 1, 2006, with attachments. H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9115: Discussion —Direction from Council III. . FISCAL IMPACT: CIP Proposal, depends on action. IV. HISTORY AND FACTS BRIEF: A) At the August 14 meeting of the Council the proposed,Capital Improvement Plan for 2007 — 2012 was presented and discussed. A proposed project for 2007 was the replacement of one of the City's smaller swimming pools with a water playground. This recommendation was made due to the rapidly aging conditions of these pools and the understanding that renovation or repair of either of the small pools would likely cost in excess of a half million dollars and replacement approximately $1 million. Previously the CIP has included a project for the renovation of Memorial Pool (2008 - $2.7 million). B) Following discussion on the small pool project, Council asked for a recommendation from the Park and Recreation Advisory Council. The Advisory :Council met on August 31 and developed the following recommendations to the City Council: "to fully renovate Memorial Pool and further, to consider the feasibility of enclosing the pool to allow year round use for recreation swim and lessons . to consider renovation of Kurtzman Pool and the closure of Richardson Pool." (Please see attached letter from Advisory Council Chairman Duane Taber and minutes from the meeting.) C) Given the recommendation of the Advisory Council, staff seeks discussion and guidance on the project as proposed in the CIP. 3(b) ADMINISTRATIVE AND COMMUNITY SERVICES DEPARTMENT P.O.BOX 293, 525 NORTH THIRD AVENUE, PASCO,WASHINGTON 99301 DIVISIONS ADMINISTRATIVE September 1,2006 SERVICES (509)544-3096 FAX 543-5727 CITY CLERIC (509)545.3402 FAX 543-5717 Pasco City Council FACILITIES Pasco City Hall SERVICES (509)543-5757 FAX 543.5758 Honorable Council Members: FINANCE SERVICES (509)545-3401 At the August 31 meeting of the Park and Recreation Advisory Council the staff recommendation FAX 544.3082 that one of the small swimming pools be closed and replaced with a water playground was INFORMATION considered. The Council should note that the Advisory Council has been actively involved and SERVICES (509)545-3419 keenly interested in this issue since prior to the City's preparation of the Aquatic Feasibility FAX 543-5758 Study(in which six different alternative scenarios for Pasco's pool were analyzed) in 2001. RECREATION SERVICES Please also note the attached materials which were provided to Advisory Council members in (509)545.3456 advance of the meeting. Attached also is a draft copy of the minutes of the August 31 meeting for FAX 545-3455 your use. Following considerable discussion,the Advisory Council approved the following recommendation to the City Council: That the City Council move to fully renovate Memorial Pool and further,to consider the feasibility of enclosing the pool to allow year round use for recreational swim and lessons, The Council is also urged to consider renovation of Kurtzman Pool and the closure of Richardson Pool. (The Advisory Council consists of eight positions. There were 5 members present for the vote and the vote was unanimous. One member attended the meeting but was excused to leave early, one member was absent and one position is vacant.) The Advisory Council realizes that the costs associated with this recommendation are significant. However, the recommendation will allow for the City to expand, in a logical way, the aquatic recreational and educational opportunities available to our citizens and especially our young people, while relieving the concerns associated with the aging status of existing pools. Thank you for the opportunity to provide this input. Sinc ly, Duane Taber, Chainnan Park and Recreation Advisory Council City Pool/Aquatic Facility Issue/Backjy-round: The City Council has continued with a goal for the past 4 years to determine if a regional aquatic facility can be realized in the Tri-Cities before deciding the future of the City's 3 existing pools. Because of the need for either significant repairs, outright replacement, or closure of the two smaller pools (Kurtzman and Richardson Parks) in order to correct code and operational deficiencies, staff has avoided all but making "band aid"types of expenditures at these facilities. Each is now more than 35 years old and has outlived its design life to standards which were much different at the time of construction than prevail today. Our larger pool at Memorial Park, though older by almost 20 years, has more recently had some updating which makes operations somewhat less problematic than at the smaller pools. Because of its size and water slide feature, this pool is the most utilized of the City's pools and the most logical to continue to improve and maintain, In 2001 the City had a consultant prepare a study analyzing the then current status of the 3 pools and outlining alternatives for repair or replacement. Highlights of the study are summarized below (since 2001 numbers were published in the study current estimates have been provided where applicable, for inflation and listed next to the original numbers in parenthesis). The City looses approximately $75,000 (2001) annually in the operation of the 3 pools. Total admissions average approximately 23,300 per year. The estimated cost to renovate both Kurtzman and Richardson pools for only the most serious safety issues was estimated at $122,000 ($165,000). The cost to completely renovate each of the pools was estimated at $576,000 ($772,000) while the complete replacement cost of each was estimated at $745,000 ($998,000). While the costs associated with major renovation or replacement of either or both of the small pools is significant, it is unlikely that such expenditure would do much to reduce the operating losses associated with these pools. Our summer outdoor season is simply too short and the capacities are so limited that full cost recovery is not feasible. Additionally, without some of the attractions typically seen with newer aquatic facilities, rectangular tanks provide Iittle attraction for users outside of the immediate neighborhood in which they are located. Unless the City is willing to commit to a long term subsidy in order to provide the summer swim lessons and limited recreation opportunities associated with a small pool, investment in these pools in their current configuration seems to make little sense. Staff is of the opinion that a regional aquatic regional facility, open year around, that would serve the broadest range of users, including recreational, therapeutic, educational and competitive, and would be sufficiently large to accommodate all of these uses at the same time and to attract visitors from outside the community, could be operated without subsidy, excluding debt service. Such a facility is probably only achievable through cooperation of each of the 3 cities. Placed between the need to do something with the older pools and, unable as yet, to move toward a logical replacement scenario, staff feels a need to continue to offer information and possible alternatives to Council in order to move forward in some fashion. PARK & RECREATION ADVISORY COUNCIL MINUTES August 31, 2006 (September Meeting) In attendance: Duane Taber, Edmon Daniels, Steve Putnam, Cheryl Smyth, Stacey Estes, Rebecca Francik(Rebecca had to leave early at 6:00 p.m.). Staff: Stan Strebel, Administrative and Community Services Director, Bob Brawley, Facilities Services Manager and Paul Whitemarsh, Recreation Services Manager. Guests: Chuck Coleman, Julie Coleman, John Butterfield. Chairman Taber convened the meeting at 5:30 p.m. The minutes of the July meeting were approved. Guests were introduced and welcomed. The Coleman's and Mr. Butterfield attended the meeting to encourage the development of a dog park in Pasco. They provided hand-outs describing the concept. They noted that the City of Kennewick was currently working to develop a similar facility in Columbia Park. When asked about the size of the park needed it was indicated anywhere from 1 acre to 10 acres. 2 acres is a size that could be recommended. They stated that a dog park could be combined with other parks. The dog area, ideally, would be fenced so that dogs could exercise and run off leash. Other important improvements would be drinking areas for pets, benches and dog toys. It was noted that a temporary dog park was set up last year at Chiawana Park. Cheryl Smyth asked about how waste disposal would be handled. Dr. Coleman indicated ideally, in the sewer system, but most of the time this was probably just deposited with all other solid waste. The cost of building a park would vary depending on the features and the size. The Dog Park Society would hope to be able to provide volunteers to help maintain the facility. Stan explained that Chiawana Park was currently not under control of the City and that if something were to be proposed for development there extraordinary development costs would have to be considered due to federal regulations on ground disturbance activities. Chairman Taber indicated this was a worthwhile topic to study and would refer this back for further consideration. A question was asked about the status of the Chiawana Boat Dock. Staff indicated that damage problems had been reported several weeks ago to the Corps of Engineers, whose personnel indicated that they would have to remove the dock for repairs. As of yet the dock has not been removed, though the Corps has posted the dock and attempted to place barricades on its use. Recreation Paul reported on recreation programs. He indicated that this has been a busy year with the sell- out of public swimming lessons. On-line registration for recreation programs and swim lessons has been popular also. It was especially helpful in swim lessons registrations where initially 30% of available slots and later 50% were offered on-line. This helped reduce long lines for waiting and staff time to input information for swimming lesson rosters. The Summer Adventure program has also been very popular. Paul indicated that the Senior Center visioning study commenced last week with a good attendance of approximately 20 people studying ways to more fully utilize the-Senior Center. There continues to be good activity at the King Center. Facilities/Maintenance Bob submitted a written report on facilities/maintenance activities. He indicated that he would be retiring on September 29. This year has been an unusual year with significant amounts of vandalism and graffiti. Chairman Taber noted that the County prosecutor had noted that gang activity appeared to be on the increase. Chairman Taber requested that staff look at the condition of the restroom on the golf course, particularly the condition of the floor. Projects Stan gave an update on the status of the new parks under construction. Both Casa del Sol and Pasco Heights are underway. Jesse's Lawn Maintenance is the contractor and this is the first job he has had with the City, although he appears to be making good progress and moving forward in a timely way. We have continued to experience difficulties with getting the improvements at Liberty Park completed to satisfaction. There have been problems with the installation of the basketball court and also with the establishment of the turf. The court is being redone and the contractor has indicated that he will reseed the north half of the park, Pool Discussion Pursuant to a request from the City Council that the Park and Recreation Advisory Council forward a recommendation on staff's proposed Capital Improvement project for closing one of the small swimming pools and replacing the same with a water playground, staff had prepared a memorandum to the Advisory Council briefly reviewing history and status of the 3 pools, With a brief background by Stan the discussion was opened. Steve Putnam noted that he felt perhaps both small pools should be closed with a water playground established at each and the renovation and enclosure of Memorial Park Pool so that year round swimming and swim lessons could be accommodated. There was a brief discussion on the approximate cost of such proposal. Staff estimated this would likely be in the range of $5,000,000, although no specific numbers are available at this point. Edmon Daniels indicated he did not want to see any pools closed. Pasco had 1 pool when he was a young man and the City population was 5,000. Now with the City's population nearly 10 times that we only have 3 pools. Cheryl Smyth asked now any recommendation would affect the Aquatic Facility proposal. There was a brief discussion on this. Duane Taber indicated that if$5,000,000 were spend on upgrading Memorial Pool this would be money that could have been used for the Aquatics Facility. Paul briefly described the situation in Walla Walla County where the City had closed the City pool this year due to mechanical problems. Swim lessons, however, were accommodated at Whitman College, and apparently a bond issue for the Walla Walla Park District has been placed on the ballot. Cheryl Smyth asked about the possibility of accommodating a swimming beach at Chiawana Park. Duane Taber asked if the smaller pools could be remodeled into teaching pools with a shallower depth. Staff indicated there would be no real advantage for this. There was discussion regarding if one of the small pools were to be closed, which would be the likely candidate. Staff indicated that while in some respects Kurtzman Pool may be in greater disrepair, it is further from Memorial Pool than Richardson and serves a more distinct geographical area in the community. Its location adjacent to the King Center, the Mini-Station and the new school make it perhaps a greater hub of activity than Richardson Park. Richardson Pool being located much closer to Memorial Pool, makes it perhaps a more logical choice for closure. Following further discussion, Steve Putnam made a motion to recommend to the City Council as follows: The renovation of Memorial Pool, studying the feasibility of covering that facility within a 2 -3 year period; Proceed with essential renovations at Kurtzman Pool and close Richardson Pool. This was seconded by Cheryl Smyth. It was noted that completing renovation to Memorial Pool initially, and delaying work on the possible enclosure of the pool while feasibility is determined, would also allow further time for things to develop on the proposed Tri- Cities Aquatics Facility. After further discussion a vote to approve the motion was passed with all members in attendance (5) voting in favor. There being no further business the meeting was adjourned at 7:30 p.m. AGENDA REPORT NO. 87 FOR: City Council Date: September 20, 2006 TO: Gary Crutchfi y Manager Workshop: 9/25/06 Regular: 10/2/0.6 FROM: Richard J. Smkh, re ctor V9 Community & Economic Development SUBJECT: Tri-City Regional Centers 1. REFERENCE(S): A. Professional Services Agreement with E.D. Hovee & Company, LLC with Proposed Scope of Work. II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9/25/06: DISCUSSION MOTION: I move to approve the contract for professional services with E.D. Hovee & Company, LLC for the study of Tri-City Regional Centers. III. FISCAL IMPACT $42,500 to be shared on an equal basis with the Cities of Kennewick and Richland. IV. HISTORY AND FACTS BRIEF: A. In May 2006, the Cities of Kennewick, Richland and Pasco entered into an Inter-Local Agreement for the Joint Planning of Regional Centers. Examples of possible regional centers include an aquatic center and performing arts center. B. The purpose of the Inter-local is to prepare a "Regional Centers Plan" identifying and prioritizing the need for one or more regional centers. The Plan will also establish a process to evaluate possible sites and recommend the most effective organizational structure and process by which to accomplish the capital funding, operations, maintenance and ownership of such new regional centers. C. Each of the Cities agreed to contribute up to $15,000 each to pay for consulting services needed for the preparation of this Plan. Each City appointed two council members and their City Manager to an "Oversight Committee" which would provide direction to the consultant. D. The City of Pasco has been designated as the Contracting Agent who will enter into an Agreement with the consultant on behalf of all three cities. E. An RFP for consulting services was issued and members of the Oversight Committee interviewed the consultants on September 6, 2006. The decision was made to retain E.D. Hovee & Company of Vancouver, Washington. V. DISCUSSION: A. A standard City of Pasco Professional Services Agreement with Hovee is attached. B. Compensation is not to exceed $42,500. Payments will be made in three installments upon the basis of tasks completed. C. All work is to be completed by January 31, 2007. 3(c) Exhibit A PROFESSIONAL SERVICES AGREEMENT REGARDING POTENTIAL TRI-CITY REGIONAL CENTERS THIS AGREEMENT, made and entered into between the City of Pasco, acting as the contracting agent pursuant to an Inter-local Agreement with Kennewick and Richland for the joint planning of regional centers, hereinafter referred to as the "City", and E.D. Hovee & Company,LLC, hereinafter referred to as the "Consultant". WHEREAS, the .City desires to engage the professional services and assistance. of a consulting firm to provide professional services with respect to potential Tri-City Regional Centers. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scone of work. The scope of work shall.include all services and material necessary to accomplish the objectives in accordance with the August 14, 2006 proposal, "Study of Potential Regional Centers" which is attached hereto and made a part of this Agreement (Attachment B). 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,travel expenses, and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a satisfactory completion of work basis as set forth on the fee schedule found in Exhibit A, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of$42,500. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after Anal payment. Copies shall be made available upon request. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly and complete all tasks by not later than January 31, 2007. 5. Hold harmless agreement. In performing the work under this contract, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnitees"), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnitees from A. all damages or liability of any character including in part costs, expenses and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement; and B. all liability, loss, damage, claims, demands; costs and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Consultant or any person or organization for whom the Consultant may be responsible, arising out of, in connection with, resulting from or causee by the performance'or failure of performance of any work or services other than professional services under this Agreement, or from conditions created by the Consultant performance or non-performance of said work or service, regardless of whether or not caused in part by the party indemnified hereunder. 6. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sec, national origin or physical handicap. 7. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts. of its agents, employees, representatives and subcontractor during the performance of this contract. E.D. Hovee 2 Potential Tri-Cities Regional Centers 8. City approval. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. 9. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten(10)days in advance of the effective date of said termination. 10. Integration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Attachment A,this Agreement shall control. 11. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 12. Non-assianable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 13. Covenant against contingent fees. The Consultant warran ts that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full. amount of such fee, commission,percentage,brokerage fee, gift,or contingent fee. 14. General Provisions. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement,breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney's fees and costs. 15. Notices. Notices to the City of Pasco shall be sent to the following address: Community&Economic Developmeni'Dept City of Pasco PO Box 293 Pasco, WA 99301 Attn: Rick Smith E.D. Hovee 8 Potential Tri-Cities Regional Centers Notices to the Consultant shall be sent to the following address: Eric D. Hovee, Principal E.D. Hovee& Company, LLC 2408 Main Street PO Box 225 Vancouver, WA 98666 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: Its Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy, Deputy City Clerk Leland B Kerr, City Attorney E.D. Hovee 4 Potential Tri-Cities Regional Centers Attachment A PROFESSIONAL SERVICES AGREEMENT REGARDING POTENTIAL TRI-CITIES REGIONAL CENTERS Payment shall be made, as follows,upon the satisfactory completion of deliverables due at the completion of identified tasks. Task Completed Payment Due Task 1 $13,000 Task 3 14,000 Task 4 15,500 TOTAL $42,500 i I E.D. Hovee 5 Potential Tri-Cities Regional Centers Attachment B OBJECTIVES & SCOPE OF WORK REGARDING POTENTIAL TPU-CITIES REGIONAL CENTERS OBJECTIVES 1. Identification of potential "regional center" projects together with an assessment of the community need for each of the identified projects. 2. Recommendation of alternative processes the cities could use to select potential physical sites best suited to each project. 3. Analysis of alternative organizational structures and the necessary processes that would be used to effectively accomplish capital funding, operations, maintenance and ownership of the identified projects, considering other possible appropriate mechanisms beyond the use of Public Facilities Districts, including municipal inter-local agreements, new taxing districts and the use of existing taxing districts. 4. Assessment of community support for each of the identified potential projects. E.D. Hovee 6 Potential Tri-Cities Regional Centers SCOPE OF WORK Regional Centers Work Task _ Time-Frame Resp. Task 0.Alignment Meeting • Meet with the Project Coordinator and Tri-Cities Oversight Committee September, 2006 EDH& to gather additional information,ideas and materials. CMS • Discuss past local jurisdiction and regional public facility initiatives and current social-political issues that might impact future regional project initiatives. • Review common goals of the local jurisdictions.What do local officials expect to result from this planning effort?What are the major issues to be addressed? • Discuss status and potential success of known"regional center"projects -the aquatic center,performing arts center,and other potential projects. • Review the nature,scope and timing of the project,and approve a schedule of meetings and completion of deliverables.. • Discuss the process for community input and support including identification of the individuals and organizational entities to be interviewed. Set a preliminary schedule for community outreach including workshops or meetings to be held as a part of this regional centers assessment. • Identify previous studies for regional center facilities that have been considered,and contacts for stakeholder interviews. Task 1.Assess Community Needs for Regional Center Projects • To the degree possible,obtain copies of latest market feasibility studies September-October EDH& and reports with cost and revenue estimates for each project. CMH • identify known and potential sources of funding suitable to support capital and operating costs. Evaluate the competitive advantage of each project in light of competing facilities locally and regionally. • Meet with Cities'staff and review existing City Capital Improvement Program budgets in order to determine if there are unfunded budget items for potential projects that might be considered regional center projects.Determine if there any potential future bonding initiatives for such projects. Determine whether and how each proposed project meets identified community and regional needs. • Evaluate the degree to which each project might create new jobs and tax base for participating local jurisdictions together with other community or regional benefits. • Compare these capital and operating estimates with financial results for other completed and operating projects regionally and throughout the Pacific Northwest. • Update financial projections for potential regional center projects to present present(2006)timeframe;discuss implications for funding. E.D. Hovee 7 Potential Tri-Cities Regional Centers Regional Centers Work Task Time Frame Resp. I • Identify and evaluate prospective economic and community benefits associated with each identified facility option. Deliverable: A short report describing identified community needs, specific project concepts and available information regarding known and potential project funding sources,and anticipated economic benefits of the project options considered. Task 2. Assess Alternative Processes the Three Communities Could Use to Identify Regional Projects and Sites • Compile a preliminary list of potential sites that might be considered for October-November EDH& regional center projects under consideration. CMS Identify project and siting criteria,including parking and transportation infrastructure required, recommended as a basis to evaluate future project/site proposals. • Outline mechanisms and requirements for site proposals regarding project submittal. 1 • Establish a recommended time schedule and process for site/proposal submittal and oversight evaluation. Deliverable: Memorandum outlining processes considered and recommendations for regional center project/site selection. Task 3. Evaluate Alternative Organizational Structures and Processes Available to Accomplish Capital Funding, Operations,Maintenance and Ownership of Any New Regional Centers • Review organizational structures for existing Tri-Cities area PFDs, November-December EDH including their potential to assume additional projects and identification of what has worked well and lessons learned. • Identify and prepare 3-5 case studies for similar facilities developed elsewhere in Washington State. • Review any recent legislative or legal actions that impact the use of tax increment or redevelopment financing in Washington State. • Identify and discuss other organizational approaches that have been used with similar facilities elsewhere outside the state of Washington. Deliverable: Memorandum describing alternative organizational structures and processes, respective advantages and disadvantages,and related case studies. Meet with Oversight Committee. Task 4. Assessment of Community Support for Potential Regional Center Projects • Stakeholder Interviews and/or possible focus groups with: September- October CMS o City,County and PFD officials. o Community stakeholders identified by the Oversight Committee. o Representatives associated with known potential"regional center"projects, including supporters of an aquatic center, performing arts center and others,as identified. o Officials of local and regional economic development organizations, including Pasco Chamber of Commerce,Tri-City E.D. Hovee 8 Potential Tri-Cities Regional Centers Regional Centers Work Task Time Frame Resp. Regional Chamber of Commerce,Tri-Cities Visitor and Convention Bureau,TRIDEC,Columbia Basin College,WSU- Tri-Cities,port districts,school districts,recreation and park authorities o Note:Interviews will be agreed to during initial Alignment Meeting. • Community Opinion Survey November B&W • Random sample telephone survey of Tri-Cities region(target 200 completed responses)possibly supplemented by a targeted web survey. • Survey questionnaire to be developed in consultation with Oversight Committee. • Facilitated Community Meeting January 2007 B&W with o Response to identified projects and identification of potential EDH& CMS additional projects. o Hispanic/Latino and/or other special population outreach. • Provide summary descriptions of costs and benefits for each project. Based on the information developed to this point,discuss the potential for collaboration regarding each of the potential projects with regional economic development groups and the Tri-Cities Oversight Committee. • Recommend future steps to implement recommendations. • Present Final Recommendations to the Tri-Cities Oversight Committee and others upon recommendation such as the individual City Councils. Deliverable:Final report providing results of all tasks and recommended next steps for Regional Center project implementation. Note: EDH denotes E.D.Hovee&Company,LLC;CMS is C.Mark Smith;and B&W is Barney& Worth,Inc.This scope of work is subject to refinement as may be mutually agreeable between the parties. E.D. Hovee 9 Potential Tri-Cities Regional Centers AGENDA REPORT TO: City Council September 22, 2006 FROM: Gary Crutch Manager Workshop Mtg.: 9/25/06. SUBJECT: CommerciaUIn ustrial Water Rights I. REFERENCE(S): 1. Memorandum from City Manager to City Council dated 9/21/06 II. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS: 9/25: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Please see attached memorandum. V. DISCUSSION: A) Staff requests Council deliberation of the policy issues presented in the attached memorandum so as to provide direction as. to appropriate resolution of the policy conflicts. 3(d) MEMORANDUM September 21,2006 TO: City Counci FROM: Gary Crutch y Manager RE: Water Rights R quirements As you know,the city provides domestic water throughout the city(and some of unincorporated urban area)as well as irrigation water on the plateau. The amount of water the city can produce (withdraw from Columbia River) is limited by state permit restrictions. Although the recent "Quad Cities"regional water permit provides much relief from the previous limits,the city is obligated to "mitigate"(that is;replace)new water consumption(from the Columbia River)to the extent that"minimum flows" in the Columbia River are not sustained between April and October each year. In practical terms,that means the city will need to acquire enough water rights to offset its share of the problem, determined annually by the State Department of Ecology. In anticipation of such new requirements coming from the state,staff recommended(and City Council enacted) Ordinance No. 3547 in 2002, to require all new subdivisions to either dedicate to the city the agricultural water rights existing on the land in conjunction with subdivision approval or(in those cases where the land was"dry")pay $1,500 per acre (estimated at that time to represent the average purchase price of farm land irrigation rights). Over the past four years, the subdivision requirement has worked quite well, as an estimated 3,600 acre feet of water rights (representing approximately$1,500,000)have been dedicated to the city(virtually all in conjunction with approval of residential subdivisions on former farm lands). As well as Ordinance No: 3547 has worked for residential subdivisions, it has presented frustration for owners of commercial/industrial sites contemplating subdivisions(while there is much more subdivision activity in the residential sector,there are occasional plats within the commercial/industrial sector also). The frustration lies principally in the fact that the amount of water consumption associated with commercial/industrial development varies widely; the owner of irrigated farmland being subdivided for commercial/industrial use may well be required (under current ordinance provisions)to dedicate more of the water rights than is necessary to offset the water consumption associated with the commercial/industrial use. In reviewing actual water consumption records, staff and an independent consultant found the following average use rates,by category: • Agricultural use: 3.5 feet/acre Residential use: 4.0 feet/acre • Commercial/industrial use: 2.0 feet/acre City Council September 20,2006 RE: Water Rights Requirements Page 2 While the dedication of existing agricultural water rights will offset most of the average consumption impact of a residential subdivision,they clearly exceed the average impact of a commercial/industrial subdivision(by a substantial margin). The obvious solution to this problem is to modify Ordinance No. 3547 to specify that the dedication requirement applies to commercial/industrial subdivisions at the rate of 2.0 feet/acre. Before action is taken to make such a change to Ordinance No. 3547,however, staff suggests a policy decision be considered: should commercial/industrial development be required to mitigate its impact on the city's water rights and,if so, to what extent? The following factors appear pertinent to the discussion: • One of the Council's prime goals is to foster more industrial investment so as to expand the community's tax base (this is likely to continue to be a prime goal for several years). Does the requirement to dedicate water rights (or pay the equivalent fee)work measurably to frustrate that prime goal? Industrial development(particularly major ones) do not always require a"subdivision,' rather locating on a site exceeding 20 acres(which does not require platting). Is it fair that smaller industrial developments(less than 20 acres)pay impacts (if they require a subdivision)when a larger industrial facility(perhaps with more actual water impact) escapes the requirement altogether? • Most commercial and smaller industrial developments occur on lands previously . subdivided(and are therefore exempt from the platting requirement). Again,is it fair that a substantial percentage of small developments avoid the requirement altogether? In the opinion of staff, there are three practical options for Council consideration, each with its own disadvantages: 1. Reduce the dedication rate for commercial/industrial to 2.0 feet/acre; 2. Eliminate commercial/industrial from the dedication requirement altogether; 3. Require dedication or payment at the rate of 2.0 feet/acre for all commercial/industrial development at the time of building permit(not.subdivision). In a matter such as.this, the city is not obligated to require the same of each land use category. Given the obvious costs/benefits associated with residential development, the city is certainly justified in requiring full offset of residential impacts. Given the same analysis of commercial/industrial development,however,the city may well prefer to remove any such impediment(cost)to accommodate new industrial investment. Staff will appreciate Council's deliberation and collective decision in this matter, so appropriate legislation can be prepared for Council action. GC/tlz cc Bob Alberts Rick Smith AGENDA REPORT TO: City Council September 21, 2006 FRONT: Gary Crutchfi Manager Workshop Mtg.: 9125/06 SUBJECT: Grand Old 4th clebration I. REFERENCE(S): 1. Letter from Franklin County Administrator dated 8/21/06 2. 2006 Event Profit/Loss Summary II. ACTION REQUESTED OF-COUNCIL/STAFF RECOMMENDATIONS: 9125: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The City has co-sponsored with Franklin County the expanded Grand Old 4th Celebration at TRAC each of the past two years (2005 and 2006). The expanded. version of the celebration provided a four-day event over the July 4 holiday, rather than the one-day celebration traditionally sponsored solely by the City(the City's cost for its previous.one-day event was about $20,000 — rnost of that expense being for fireworks). The purpose of expanding the event was not only to provide a larger community celebration for benefit of the residents, but also to generate additional use of(and revenue for)the TRAC facility. B) The 2005 celebration experienced a net operating loss of about $100;000, while.the 2006 event did only slightly better — losing about $90,000. Both figures are split between the City and County (thus, the City spent about $50,000 in 2005 and $45,000 in 2006). However, the real effect of those expenditures is reduced by the fact that TRAC received about $3.0,000 each year (reducing the shared loss by. $15,000 each). In addition, the City's share is further reduced by the fact the event expenses included the July 4"' fireworks show, representing another $15,000; thus, the City's net additional expense, after all considerations, approximated$15,000. C) Franklin County acknowledges that the expanded four-day event simply has not succeeded as planned and now proposes to reduce it to 2..5 days (Friday evening through Sunday evening) prior to the July 4th celebration (see letter from Franklin County Administrator). V. DISCUSSION: A) Staff concurs that the four-day event has not"caught on" with the community. The concerts, however, have been fairly successful and represent a strong potential for TRAC operations. To that end, continued partnership in the event may be warranted. B) One concern with the revised proposal rests in the three-day split between the concert event and the July 4th celebration. If the concert event budget includes the July 4it' celebration, the $80,000 contribution may be appropriate (assuming net loss is further reduced from the 2006 experience of$15,000). If the July 4t1'celebration is a separate budget (needing additional expense for fireworks), then the City's participation in the concert event should be reduced by $20,000 (to allow for the separate expense obligation.for fireworks). C) Staff will appreciate Council direction on whether or not to develop a co-sponsorship agreement with Franklin County as represented in the August 21, 2006 letter from Franklin County. 3(e) Neva J. Corkrum _ District 1 Fred H. Bowen y '; := '; Y.±;:: County Administrator Robert E. Koch •. .; Rosie H. Rumsey District 2 :.. ;;_.; *s>, , ; , : •.:.. Human Resources Director Frank H. Brock ". e ' `':;�.� t �. ::'' ... ,., .}�r{{ �>�".'�,•�,;-,. Patricia L. Shults District 3 Executive Secretary Board of County Commissioners FRANKLIN COUNTY August 21, 2006 AUG 2 2 2006 Mr. Gary Crutchfield, City Manager City of Pasco 525 North Third Avenue Pasco, WA 99301 Re: Grand Old 4th Dear Gary: The Franklin County Board of Commissioners reviewed the Profit and Loss statement and discussed the Grand Old 4`h event held this year. Although the Board and I are disappointed with the attendance figures,we are hopeful the residents of Franklin County will attend next year. In an effort to have a successful event in 2007, we would like to scale-down the event from four days (Saturday through Tuesday)to a two and a half day event (Friday evening,June 29`h through Sunday evening, July 1 st),with the traditional activities held on Wednesday,July 4t`: pancake breakfast,parade and fireworks. We propose moving the outdoor stage and kids zone into the air conditioned Expo Hall and a concert series: Friday night,KORD listener appreciation concert Saturday night, concert promoted by the Grand Old 4`h Sunday afternoon,concert promoted by Tri-Cities Vocational Skills Center(88.1 FM) The Profit and Loss statement for the 2006 event is attached for your review. Please share the information with the City Council and let me know if the Council wishes to continue its partnership in the event. Should you wish to discuss the information and/or event,please feel free to contact me. Sincerely, ( Fred H. Bowen County Administrator Enclosure cc: Board of Franklin County Commissioners 1016 North Fourth Avenue,Pasco,Washington 99301 -Phone(509) 545-3535-Fax(509)545-3573-web site www.co.franklim.wa.us 2446 Grand Old 4th AUK ' `� 2oos Profit/Loss ` July 1-4, 2006 Revenue Expenditure Balance City Contribution $ 80,000.00 $ 80,000.00 County Contribution $ 80,000.00 $ 160,000.00 TRAC Rental $ 30,000.00 $ 130,000.00 Firework Expenses $ 22,410.50 $ 107,589.50 Grand Old 4th Expenses $ 105,774.28 $ 1,815.22 Firework Revenue $ 1,466.00 $ 3,281.22 Event Revenue $ 67,942.18 $ 71,223.40 Net Gain $ 71,223.40 Startup Funds $ 160,000.00 Net Loss $ (88,776.60) The following items minimize the loss: TRAC Rental $ 30,000.00 Firework Expenses $ 22,410.50 Adjusted Loss $ (36,366.10) Net Individual Lass $ (18,183.05) J:IBOWENNGrand Old 4th 20WBudgetTrofit&Loss 08-16-06.xls 8/16/2006 I AGENDA REPORT NO. 86 FOR: City Council Date: September 21, 2006 TO: Gary Crutch f tre Manager Workshop: 9/25/06 Regular: 10/2/06 FROM: Richard J. S it , ctor Community & Economic Development SUBJECT: North 4th Avenue Corridor Enhancements -- Resolution for Sidewalk Assessment and Preparation of Survey 1. REFERENCELS): A. Vicinity Map B. Proposed Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9/25/06: DISCUSSION 10/2/06: MOTION: I move to approve Resolution No. , declaring the need for sidewalks on North 4th Avenue, the intent to assess a portion of the cost thereof against the abutting property and fixing 7:00 PM, November 6, 2006 as the time and date for a public hearing to consider these proposed requirements. III. FISCAL IMPACT Approximately $428,000. IV. HISTORY AND FACTS BRIEF: A. The North 4th Avenue corridor between Sylvester Street and the I-182 Interchange is a major corridor of the community. Portions of the corridor lack sidewalks, thus, hindering safe pedestrian travel along the corridor. B. The City and Chamber of Commerce collaborated several years ago to identify a "corridor improvement plan." The plan identifies six major entrance corridors to the city. The North 4th Avenue corridor is one of those major entranceways. The plan calls for each of the entranceways to undergo substantial improvements to include sidewalks, landscaping and street trees. The recommended plan for North 4th Avenue generally extends the development concept of sidewalk, grass and street trees utilized on both East and West Lewis Streets. C. Conceptual sidewalk and landscape plans were developed and meetings with adjacent property owners were conducted on November 22, 2005, December 13, 2005, and April 4, 2006 to explain both the project and the process to the property owners. The plans were revised to incorporate many of the comments generated during these meetings. D. The City of Pasco has signed right-of-way encroachment agreements with several property owners to use portions of the right-of-way for customer parking. These agreements were negotiated with city staff as a response to pre-existing conditions associated with the properties and will have minimal impact on the landscape plan. V. DISCUSSION: A. As was done for the East and West Lewis Street corridor enhancement processes, staff recommends that Council again 3(f) initiate the statutory process which authorizes assessment of sidewalk costs against adjacent properties. That process requires approval of a resolution declaring the city's intent to install the sidewalks and assess all or some portion of the cost against the adjacent properties. The proposed resolution accomplishes this intent. B. During the East and West Lewis Street enhancement projects Legal counsel advised that the statute requires the Council to hold the public hearing and make a final determination on whether or not such improvements will be installed, and if so, how much would be assessed against adjacent properties prior to commencement of the work. The proposed resolution fixes November 6, 2006 as the date for the required hearing. At that time, Council can determine what portion, if any, should be assessed against the adjacent properties. Once that conclusion is reached, the construction process may commence and the final assessment can be prepared. Staff is recommending the property owner costs be capped at $10 per linear foot as was done on both East and West Lewis Streets. C. Staff will take action to notify adjacent property owners and present the current plan and be available to answer questions at the workshop. y •,y wc; .� . . 1x•- ;f .." '_•• I v+` ,t ,I�tL(sLC1,,,1)l:�t;ulill:i,.dr6illu 4;dki t y Exhibit A ZZ,��°°'y'j�� .^•z^..rte,' t �.`l Y7 � / r r; �' � ''? �Y a s YO�`�.`q#•'U d.N' a fit;. _ e 41 �'' .0 ,l�l -d � •wy ,S,F /, / -t' -`yt ix �.i�--m? 1 ) TT� 1 ' X�.-„r,.. �"s�+s” ; is /i �i�� �. Y" •'T t. � ' t R' '•��41 yvx�rc' 1,/y �..,F r^'•'N';• '"k r / /f//j///j f///! .�Y .t •` I. 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Ii�' - �•!'r- '.� " 3i�'` <e� r, ,-!• .7�.: �....'�• �t�•ly •.L 'sue imp 60, � 1`>, �5� \ L I:`��7y .� �P.y„"�'.a'+'• ;i 824 1 911004 A 7�. , � ja� di� .''\ t ''fit J�` AR.W.NONE Exhibit B RESOLUTION NO. A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, PROVIDING FOR THE CONSTRUCTION AND ASSESSMENT OF SIDEWALK, CURB AND GUTTER IMPROVEMENTS ON NORTH 4TH AVENUE, PROVIDING IN PART ASSESSMENT OF THE COSTS OF SUCH IMPROVEMENTS; AND SETTING A PUBLIC HEARING. WHEREAS, the City is authorized, pursuant to RCW 35.68.0 10, to construct and repair sidewalks, curbs, and gutters necessary to provide for the public safety and conveyance; and WHEREAS, the City Council has determined the installation of sidewalks on North 41h Avenue between Sylvester Street and the I-182 interchange is necessary to provide for the safe passage of pedestrians and motorists on North 4th Avenue; and WHEREAS, the City has funds available to pay for a portion of the costs incident to these improvements, however, such funds are insufficient to pay all of the costs for such improvements; and WHEREAS, State law allows for the assessment of portions of the cost of such improvements against the abutting property owners, after public hearing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, THAT: (1) That sidewalks, curbs and gutters shall be installed, reconstructed, or repaired as required to render a safe and functional walkway on both sides of North 4th Avenue between Sylvester Street and the I-182 interchange within the City of Pasco, Washington. The cost of such improvements shall be assessed against the abutting property owners on a linear front foot basis not to exceed $10.00 per linear foot of sidewalk installed. Any excess cost shall be the responsibility of the City. (2) That a Public Hearing shall be held at 7:00 p.m., November 6th, 2006, in the City Council Chambers at Pasco City Hall, located at 525 North 3rd, Pasco, Washington, at such time the City Council shall hear persons who appear for or against the improvements, determine whether it will or will not proceed with the improvements, and whether it will make any changes to the original plan, what changes shall be made, and the assumption of the cost of these improvements. (3) Notice of this Public Hearing shall be given to each owner or reputed owner of the abutting property, and published according to law. PASSED by the City Council of the City of Pasco, Washington, and signed in authentication of its passage this 2nd day of October, 2006. Exhibit B Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT TO: City Council September 21, 2006 FROM: Gary Crutch y Manager Workshop Mtg.: 9/25/06 Regular Mtg.: 10/2/06 SUBJECT: Capital Impro meat Plan I. REFERENCE(S): 1. Proposed Resolution. II. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS: 9/25: Discussion 10/2: MOTION: I move to approve Resolution No. , adopting the new Capital Improvement Plan for fiscal years 2007-2012. 111. FISCAL IMPACT: N/A IV. HISTORY AND FACTS: A) The annual Capital improvement Plan for 2007-2012 was presented to the City Council for discussion at the August 14, 2006 Workshop meeting with no substantive changes identified at that time. V. DISCUSSION: A) Staff recommends Council identify any substantive changes it desires.and schedule formal Council approval of the Capital Improvement Plan at the October 2 Business meeting, so the Capital Improvement Plan is in place while preparing the annual budget in October. 3(9) RESOLUTION NO. A RESOLUTION Approving the Capital Improvement Plan for Calendar Years 2007- 2012. WHEREAS, staff has prepared the Capital Improvement Plan which defines the capital projects proposed to be undertaken by the City over the ensuing six years; and WHEREAS, on August 14 and September 25, 2006 the Capital Improvement Plan was presented to the City Council for review and prioritization; NOW, THEREFORE, THE. CITY COUNCIL OF THE CITY .OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the Pasco City Council hereby approves the Capital Improvement Plan for calendar years 2007-2012 as the City's list of capital projects proposed to be undertaken by the City over the coming six years, with the understanding that implementation of any project listed in the Capital Improvement Plan is subject to budget appropriation. PASSED by the City Council.of the City of Pasco at its regular meeting this 2nd day of October,2006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy Leland B. Kerr Deputy City CIerk City Attorney AGENDA REPORT TO: City Council September 22,2006 FROM: Gary Crutchf i Manager Workshop Mtg.: 9/25/06 Regular Mtg.: 10/2/06 SUBJECT: Legislative Consultant Services Agreement I. REFERENCE(S): 1. Proposed Agreement H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9/25: Discussion 10/2: MOTION: I move to approve the agreement with Smith Alling Lane for legislative consultant services and, further, authorize the City Manager to sign the agreement. HI. FISCAL IMPACT: $16,000; General Fund IV. HISTORY AND FACTS BRIEF: A) The city has contracted with Smith Alling Lane for legislative consultant services the past three years, with substantial success (state fiinding for the Ainsworth Overpass project and legislation authorizing dissolution of joint housing authorities). B) The 2007 legislative session, a "full session" to include state budget approval, will require monitoring and involvement by the city if the city wishes to advance and/or preserve its interest at the state level. Specifically, funding for the Court Street pedestrian overpass and the.Road 100 interchange improvements are carryover objectives from the 2006 session which should be pursued in 2007. C) The proposed agreement will provide for the continued services of Bob Mack, principal of Smith Alling Lane, for the fourth consecutive year. V. DISCUSSION: A) Staff recommends Council approval of the agreement, so that appropriate preparations can be carried out in advance of the legislative session. 3(h) I Smith Arling s�� Lane A Professional Services Corporation Attorneys at Law 1102 Broadway Plaza,#403 Tacoma,Washington 98402 Tacoma:(253)627-1091 Seattle:(425)251.5938 Facsimile:(253)627-0123 September 20, 2006 TO: Mr. Gary Crutchfield Pasco City Manager 525 North 3rd Ave. P.O. Box 293 Pasco, WA 99301 FROM: Robert E. Mack SUBJECT: 2006-2007 Legislative Session ENCLOSED PLEASE FIND: an Agreement for Services for the 2006-2007 legislative session. If it meets with your approval, please have it signed and return to my office for signature. Please call if you have questions. [ ] COPY FOR YOUR FILES [ ] FOR YOUR INFORMATION [X] IN ACCORDANCE WITH YOUR REQUEST [ ] PLEASE COMMENT [ ] PLEASE TELEPHONE ME TO DISCUSS [ ] PLEASE ADVISE ME HOW TO REPLY [X] PLEASE HANDLE, I CITY OF PASCO AGREEMENT FOR SERVICES This Agreement for Services (Agreement) is between the City of Pasco, Washington (City)and Smith Alling Lane, P.S., a Tacoma law firm(Contractor). AGREEMENT: 1. SCOPE OF SERVICES A. The Contractor shall provide to the City the following services: 1) Contractor shall advise and assist in planning state legislative information and lobbying efforts for the City during the terms of this contract. 2) Contract shall monitor specific state legislation designated by the City, relevant legislative committees, state agencies, rule making, and the activities of appropriate interest groups which pertain to the stated interests, goals and objectives of the City. Contractor shall identify opportunities in a timely manner for City staff and elected officials to testify before legislative committees and subcommittees with respect to proposed legislation; shall communicate such opportunities to the City; shall assist in preparation of testimony to be given; shall prepare witnesses as requested and testify on behalf of the City when requested. 3) Contractor shall represent the City on legislative objectives as directed by the City Manager with members of the Washington State Legislature, the Governor's office, appropriate legislative committees, state agencies and legislative staff. In addition, Contractor shall maintain effective liaison with major public interest groups and coalitions, including, but not limited to, the Association of Washington Cities. 4) During the legislative session, Contractor shall provide the City with oral activity reports, weekly, or more frequently as needed. At least semi-monthly during session, the Contractor shall provide a written update of the status of proposed legislation of particular interest to the City. At other times, written reports will be provided as requested, by the City. 1 5) Contractor will assist in the drafting, revising and obtaining sponsors for bills and bill amendments requested by the City. Additionally,the Contractor will work to obtain necessary support on bills by scheduling meetings with legislators, legislative staff, and others on legislation of interest to the City. 6) Contractor will meet, communicate and work with City staff, as necessary, to insure that specific technical issues are clearly and appropriately delineated and articulated. 2. COMPENSATION The Contractor shall receive a flat fee inclusive of expenses each month as shown below, unless extraordinary expenses are necessitated, in which case the Contractor shall obtain prior approval from the City. Such expenses must be approved by the City Manager, and shall not exceed $500.00 total for the term of this contract. This fee is calculated, based on an anticipated work load and an appropriate hourly rate of $100/hour. Should the'Contractor expend less time working on behalf of the City than is established by the flat inclusive fee, the City will be charged the lesser per hour rate. Under no circumstances will the City be billed greater than the flat fee rate/month, except that the parties may amend the contract to provide for additional compensation if extraordinary issues arise that will require significantly more work than contemplated herein. Billing shall be as follows: October-December 2006 $1,500/mo. $ 4,500 January-April 2007 $2,500/mo. $10,000 May 2007 $1,500 1,500 TOTAL $16,000 3. BILLING AND PAYMENT PROCEDURE On or before the 15th day of each month, Contractor shall submit to the City a request for monthly payment for work performed during the previous month, which shall be processed by the City in the normal course. 4. EFFECTIVE AND TERMINATION DATES A. This Agreement shall be effective as of October 1, 2006 through May 31, 2007. B. This Agreement may be extended by mutual written agreement of the Contractor and the City. 2 5. EARLY TERMINATION OF AGREEMENT A. The City and Contractor, by mutual written agreement, may terminate this Agreement at any time. B. The City, on thirty (30) days written notice to the Contractor, may terminate this Agreement for any reason deemed appropriate in its sole discretion of the City. C. Either the City or the Contractor may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination, however, the party seeking the termination shall give to the other party written notice of the breach and of the party's intent to terminate. If the party has not entirely cured the breach within fifteen (15) days of the notice, then the party giving the notice may terminate the Agreement at any time thereafter by giving a written notice of termination. 6. PAYMENT ON EARLY TERMINATION In the event of termination under section 5 hereof, the City shall pay the Contractor for work performed in accordance with the Agreement prior to the tenmination date. 7. CITY PROJECT MANAGER A. The City Project Manager shall be designated by the City Manager. B. The Project Manager is authorized to approve work and billings hereunder, to give notices referred to herein, to terminate this Agreement as provided herein, and to carry out any other actions referred to herein. 8. COMPLIANCE WITH LAWS In connection with its activities under this Agreement, Contractor shall comply with all applicable federal, state,and local laws and regulations. 9. MAINTENANCE OF RECORDS The Contractor shall maintain records on a current basis to support its billings to the City. The City or its authorized representative shall have the authority to inspect, audit, and copy on reasonable notice and from time to time any records of the Contractor regarding its billings or its work hereunder. The Contractor shall retain these records for inspection, audit and copying for three years from the date of completion or termination of this Agreement. 3 10. AUDIT OF PAYMENTS A. The City, either directly or through a designated representative, may audit the records of the Contractor at any time during the three (3) year period established by Section 9. B. If an audit discloses that payments to the Contractor were in excess of the amount to which the Contractor was entitled, then the Contractor shall repay the amount of the excess to the City. 11. INSURANCE The Consultant shall be responsible for maintaining, during the term of this Agreement and at its sole cost and expense, the types of insurance coverage and in the amounts described below. The Consultant shall furnish evidence, satisfactory to the City, of all such policies. During the term hereof, the Consultant shall take out and maintain in full force and effect the following insurance policies, A. Comprehensive public liability insurance, including automobile and property damage, insuring the City and the Consultant against loss or liability for damages for personal injury, death or property damage arising out of or in connection with the performance by the Consultant of its obligations hereunder, with minimum liability limits of$1,000,000.00 combined single limit for personal injury, death or property damage in any one occurrence. B. Such workmen's compensation and other similar insurance as may be required by law. C. Professional liability insurance with minimum liability limits of $1,000,000.00. 12. INDEMNIFICATION The Contractor shall indemnify and hold harmless the City and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of the negligent act or omission of the Contractor, its officers, agents, employees, or any of them relating to or arising out of the performance of this Agreement. If a final judgment is rendered against the City, its officers, agents, employees and/or any of them, or jointly against the City and the Contractor and their respective officers, agents and employees, or any of them, the Contractor shall satisfy the same to the extent that such judgment was due to the Contractor's negligent acts of omissions. 4 13. SUBCONTRACTING The Contractor shall not subcontract its work under this Agreement, in whole or in part, without the written approval of the City. The Contractor shall require any approved subcontractor to agree, as to the portion subcontracted, to fulfill all obligations of the Contractor as specified in this Agreement. Notwithstanding City approval of a subcontractor, the Contractor shall remain obligated for full performance hereunder, and the City shall incur no obligation other than its obligations to the Contractor hereunder. 14. ASSIGNMENT The Contractor shall not assign this Agreement, in whole or in part, or any right or obligation hereunder, without the prior written approval of the City. 15. CONTRACTOR'S PERSONNEL The Contractor shalt designate Robert E. Mack as the person to perform the work set forth in this Agreement. He will be assisted by Noah F. Reandeau. In addition, Timothy M. Schellberg may assist. The Contractor shall not designate the performance of work of this Agreement to another person, other than Robert E. Mack or those persons mentioned above, without the prior written approval of the City. 16. INDEPENDENT CONTRACTOR STATUS A. The Contractor is engaged as an independent contractor and shall be responsible for any federal, state, or local taxes and fees applicable to payments hereunder. B. The Contractor, its subcontractors, and their employees, are not employees of the City and are not eligible for any benefits through the City, including, without limitation, health benefits, workers' compensation, unemployment compensation, and retirement benefits. 17. REGISTRATION AND REPORTING AS LOBBYIST Contractor shall be responsible for compliance with all requirements of chapter 42.17 RCW with regard to the activities Contractor engages in pursuant to this Agreement. Except as otherwise required by law, the City will not register the Contractor as a lobbyist or otherwise report the activities of the Contractor. 5 18. NOTICE A. Any notice provided for under this Agreement shall be sufficient if in writing and delivered personally to the following addressee or deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed as follows,or to such other address as the receiving party hereafter shall specify in writing: If to the City: Gary Crutchfield City Manager 525 North 3`d Avenue P.O. Box 293 Pasco, WA 99301 If to Contractor: Robert E. Mack Smith Alling Lane 1102 Broadway Plaza,#403 Tacoma, WA 98402 19. AMENDMENTS The City and the Contractor may amend this Agreement at any time only by written amendment executed by the City and the Contractor. Any amendment that increases the amount of compensation payable to the Contractor must be approved by the City Manager. The Project Manager may agree to and execute any other amendment on behalf of the City. 20. AVOIDANCE OF POTENTIAL CONFLICTS A. It is agreed that the nature of the work may result in direct conflicts of interest between the City and other clients that the Contractor may represent currently, or in the future. In these instances,the Contractor will immediately inform the City. The parties will attempt to identify the possibility of such instances before they occur. The Contractor shall not advocate or promote any legislative objectives on behalf of existing or potential clients that are determined by the City to be in conflict with the City's legislative objectives. B. Contractor shall provide written notice to the City of all current and any new clients obtained after the start of the contract. Contractor will not accept new clients if doing so would create conflicts of interest for the Contractor or would otherwise impair the Contractor's ability to fully perform the obligations of this contract. 6 21. COSTS TO PREVAILING PARTY In the event of such litigation of other legal action, to enforce any rights, responsibilities or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and attorney's fees. 22. APPLICABLE LAW This Agreement and the rights of the parties hereunder shall be governed and interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be Pierce County, State of Washington; provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than the substantial completion by the Consultant of the services. 23. CAPTIONS,HEADINGS AND TITLES All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or act as a limitation of the scope of the particular paragraph or sections to which they apply. As used herein, where appropriate, the singular shall include the plural and vice versa, and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be affected by any determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. 24. SEVERABLE PROVISIONS Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 25. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. 26. COUNTERPARTS This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective this day of , 2006. CONTRACTOR: By: Dated: ROBERT E. MACK President, Smith Alling Lane Tax I.D. No.: 91-1257316 CITY OF PASCO: Dated: GARY CRUTCHFIELD, City Manager Attest; Dated: SANDY KENWORTHY, Deputy City Clerk Approved as to form: Dated; LELAND B. KERR, City Attorney City Attorney 8 6066 207 hh310803 9/20/06