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
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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.
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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.
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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
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6066 207 hh310803 9/20/06