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HomeMy WebLinkAbout2006.11.13 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. November 13,2006 1. CALL TO ORDER 2. VERBAL REPORTS FROM COUNCILMEMBERS: 3. ITEMS FOR DISCUSSION: li (a) Utility Local Improvement District (ULID) 143 Proposed Boundary Change: 1. Agenda Report from Doyle L.Heath, Utility Engineer dated November 8, 2006. 2. Map of Protests. I (b) Senior Center Rental Income: 1. Agenda Report from Gary Crutchfield,City Manager dated November 8, 2006. 2. Memorandum to City Manager from Recreational Services Manager dated 11/7/06. (c) 2007 PDDA Agreement: 1. Agenda Report from Gary Crutchfield, City Manager dated November 9,2006. 2. Letter to PDDA from City Manager dated 9/29106. 3. Letter to City Manager from PDDA dated 10/5/06. 4. 2007 Agreement Proposed by Staff. (d) Ambulance and Emergency Medical Services: 1. Agenda Report from Jim Chase,Finance Manager dated November 8, 2006. 2. Ordinance amending Chapter 3.05 establishing a monthly Ambulance Utility Service Fee. 3. Ordinance amending Section 3.07.010 entitled"Ambulance,"Fee Summary. 4. Ordinance creating Chapter 5.05 entitled Ambulance Service. (e) 2007 Interlocal Agreement for Emergency Dispatch Services: 1. Agenda Report from Denis Austin, Chief of Police dated November 7, 2006. 2. Proposed Agreement. (f) 2007 Interlocal Agreement for Correctional Facilities Use: 1. Agenda Report from Denis Austin, Chief of Police dated November 6,2006. 2. Proposed Agreement. (g) Transfer of Surplus Property to the US Department of Energy: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated October 23, 2006. 2. Memo from Captain Ken Roske,Pasco Police Department. 3. Proposed Resolution. 4. Service Agreement. (h) Purchase of 2607 W. Brown Street: 1. Agenda Report from Richard J. Smith, Community & Economic Development Director dated November 7,2006. 2. Location Map. 3. Vacant Land Purchase and Sale Agreement. 4. Assignment. (i) Community Housing Improvement Program (CHIP) Contract Extension: I. Agenda Report from Richard J. Smith, Community& Economic Development Director and Cruz Gonzalez,Urban Development Coordinator dated November 7, 2006. 2. CHIP Obligated Funds as of October 31, 2006. 3. CHIP Area Map. 4. Amendment to: Tri-Cities HOME Consortium Recipient Contract Agreement. (j) Snow Removal Assistance Agreements: 1. Agenda Report from Robert J. Alberts,Public Works Director dated November 7, 2006. (k) Bargaining Contract for Fire Department Represented Employees: 1. Agenda Report from Lynne Jackson, Human Resources Manager dated November 9, 2006. 2. Proposed Collective Bargaining Agreement (Council packets only; copy available in Human Resources Office for public review). Workshop Meeting 2 November 13,2006 4. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 5. EXECUTIVE SESSION: (a) (b) (c) 6. ADJOURNMENT. Reminders: 1. 12:00 p.m., Monday,November 13, Pasco Red Lion-Chamber of Commerce General Membership Meeting. ("What Agriculture Means to the Tri-Cities"presented by Dean Schau, Washington State Regional Economist.) 2. 10:00 a.m., Tuesday, November 14, Senior Center—Senior Citizens Advisory Committee Meeting. (COUNCILMEMBER TOM LARSEN,Rep.; BOB HOFFMANN, Alt.) 3. 4:00 p.m., Wednesday, November 15, CAC Office — Affordable Housing Trust Fund Oversight Committee. (MAYOR JOYCE OLSON, COUNCILMEMBERS REBECCA FRANCIK and MIKE GARRISON) 4. 5:30 p.m., Wednesday, November 15, Roy's Smorgy — Good Roads Association Board Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.; MAYOR JOYCE OLSON, Alt.) 5. 10:00 a.m., Thursday, November 16, 2500 Block of East George Street — Community Health Center La Clinica Housing Program's Dedication Ceremony and Open House. (MAYOR JOYCE OLSON) (ALL COUNCILMEMBERS INVITED TO ATTEND) 6. 12:00 p.m., Thursday, November 16, 322 W. Columbia Street — Pasco Downtown Development Association Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; MATT WATKINS, Alt.) 7. 11:30 a.m., Friday, November 17, Roy's Smorgy—Benton Franklin Council of Governments Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; BOB.HOFFMANN,Alt.) AGENDA REPORT NO. 26 FOR: City Council November 8, 2006 TO: Gary Crutchfie 4Manager Workshop Mtg.: I1/13/06 Robert J. Alber s, ublic Works Director FROM: Doyle L Heath, Utility Engineer SUBJECT: Utility Local Improvement District (ULID) 143 Proposed Boundary Change I. REFERENCES . 1. Map of Protests II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 11/13: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The City Council adopted Ordinance No. 3794 on October 2, 2006, creating ULID 143. At the Public Hearing, staff outlined the ULID process which included a 30-day protest period following an adoption of the ULID by Council. A ULID, by State law, is nullified if owners of 60% or more of the total assessments petition against the ULID. A commitment was made by staff to bring back for discussion with Council any sizeable protest that may impact the ULID or boundaries of the ULID. November 1, 2006 was the end of the protest period. There were 53 properties out of 170 properties that provided written protests or protested at the Public Hearing that results in 31% protests in the ULID boundary, well below the 60% requirement. However, on Maple Drive, 17 out of 23 lots protested; the western four lots on this street had signed petitions of interest in favor of the ULID prior to adopting the Ordinance. Because the four western lots are adjacent each other and can be served via extension of the sewer from the west, extension of the sewer from the east (Road 100) is unnecessary at this time (and the un-served lots on Maple Drive are unusually large, thus making it potentially easier to replace drain fields). The same rationale cannot be applied to Willow Way, however, as the line is necessary to provide service to the smaller lots on the south side of the street. Staff recommends Council consider revision of the ULID boundary to exclude the 19 lots noted on Maple Drive(see map and suggested boundary). V. ADMINISTRATIVE ROUTING Project File 3(a) ER U.L.I.D. 143 — WEST OF COURT STREET U.L.I.D.143 BOUNDARY- AMENDED ORDINANCE eP * 'OT IN F_tt°i)Y8(IT t€.f:.i. �h'FF:R fYRDI�xi\t F. IN FaYOR OF"'I" ` ooJt U* 2 6 nOT Pl FAVOR OF P PO LID. i ♦ PREUMINARY + cM ♦ ♦ ASSESSMENT j ` ♦ FOR ALL ♦ ♦ =8,000 ♦ + cl- ■ +r *� r ♦ �� q s � a u , Y4 i *' u+GM eo ' .a 1 PROJECT. NAME: PROJECT NO.: Sewer ULID No. 143 — W. of Road 100 PUBLIC WORKS DEPARTMENT — ENGINEERING DIVISION DESIGN: DIH CITY OF PASCO fir. 1 (IF 1 DRAWN: D1H SCU&Not To Bowe CNECB: DIH DAIS: 6/a/09 APPR: DLH FRANKLIN COUN Y 1►A9tIIfiGTON m=O AGENDA REPORT TO: City Council November 8, 2006 FROM: Gary Crutch i Manager Workshop Mtg.:11/13/06 SUBJECT: Senior Center ental Income I. REFERENCE(S): 1. Memorandum to City Manager from Recreational Services Manager dated 11/7/06 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 11/13: Discussion III. FISCAL IMPACT: Up to $6,000, general fund IV. HISTORY AND FACTS BRIEF: A) Please refer to the attached Reference No. 1, memorandum from Recreational Services Manager. V. DISCUSSION: A) The changes outlined in the attached memorandum reflect the on-going evolution in senior citizen activity interest. As the "dance" activity becomes less popular, it is less able to financially support itself, even given the lower-than-market rent available at the Senior Center. The proposed reduction to one night a week instead of two should help for the near future, but will cause the loss of rental income to the Senior Citizens Center budget; that loss will necessarily be offset by an increased subsidy from the general fund. B) Staff proposes to market the Saturday nights that come open as a result of the change, in an effort to reduce the general fund subsidy. The Senior Citizens Advisory Committee has concurred in the proposed change and now request Council direction. 3(b) MEMORANDUM i To: Gary Crutchfield, City Manager Stan Strebel, Administrative and Community Services' Director From: Paul Whitemarsh,Recreation Se��' anager Subject: Restructure of Senior Center Clubs Date: November 7, 2006 As you know from recent discussions,the two clubs that provide programs at the Senior Center have been struggling financially. The Golden Hour Club and the Senior Center Association each sponsor a dance one night a week and both dances have been operating at a deficit for several months. The Wednesday night Golden Hour dance has the best participation, (50 plus per night)but they will have depleted their bank account before the end of the year. The Saturday night Association dance,while operating at a greater deficit, has the cash reserves to go another 3 or 4 years. With only 20 to 25 dancers each night,the Association finds it hard to justify the expense. With all this in mind, the Golden Hour Club came to me asking if the city would wave their rent ($250/mo)to give them a little cushion..After some discussion we came up with the idea of dissolving the Golden Hour Club and having the Association pick up the Wednesday night dance while. discontinuing the Saturday night dance. I took this proposal to a special meeting of the two boards;they unanimously agreed this would be the best solution. Both clubs plan to move on this in the very near future. The last Saturday night dance would be November.18, 2006 and the Golden Hour Club will be disbanded by the time the next general meeting of the Association,which is Tuesday,November 14, 2006. I fully expect this plan to be ratified by the Association at that meeting. As this plan goes forward,the Association has asked that the city consider reducing the $500 rent they pay to$250. To summarize the net effects of these changes: Club Rent Current Activity Golden Hour(disbands) $250/mo (goes away) Wednesday night dance (reverts to the Association) Senior Center Association $500/mo (reduced to $250) Saturday night dance(goes away) Other activities include: arts&crafts, cards,billiards,potlucks While this arrangement will result in a net reduction of$6000 annual revenue to the Senior Center, the availability of Saturday night rentals will help offset much of the loss. If we are able to rent the facility for Saturday 50%of the time,the new revenue would be approximately$4,000 thereby reducing the net loss to $2,000 annually. While it may take some time to educate the public on the weekend availability of the facility, staff is confident that this can be done with reasonable effort overtime. Staff will also be reviewing current rental rates at the center to make sure that they are within the existing market. AGENDA REPORT TO: City Council November 9, 2006 FROM: Gary Crotch jAeement anager Workshop Mtg.: I 1/13/06 SUBJECT: 2007 PDDA I. REFERENCE(S): 1. Letter to PDDA from City Manager dated 9129/06 2. Letter to City Manager from PDDA dated 10/5/06 3. 2007 Agreement Proposed by Staff II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 11/13: Discussion III. FISCAL IMPACT: $20,000 - $30,000 General Fund IV. HISTORY AND FACTS BRIEF: A) For more than 20 years, the City has contracted with the Pasco Downtown Development Association (PDDA) to provide varying levels of funding to help defray costs associated with such activities as: expanding membership; developing consensus of downtown business interests; marketing the downtown; soliciting participation in the fagade improvement program; and assisting the formation of the Business Improvement District (BID). B) Over the past five years in particular, the PDDA effort has been less than effective. Membership has declined. The State of Washington canceled PDDA's long-standing certification as a "Main Street" (downtown revitalization) program, thus eliminating it from receiving certain state assistance (and making Pasco ineligible for the financial assistance available under the recent B&O tax deferral program enjoyed in Kennewick and Walla Walla). Their effort to generate a BID was met with an overwhelming lack of interest on the part of businesses in the core downtown area. And the executive director recently resigned. In short, the ability of PDDA to resurrect a meaningful revitalization effort in downtown is in serious doubt. V. DISCUSSION: A) Despite the relatively poor performance record over the past few years and the absence of an executive director, the PDDA board has asked that the City continue its financial support (on a declining basis) over the next three years. They propose to accept the restriction to match dues, but want to include "donations" in the matching calculations. They also desire to start the three-year period with the past maximum of $30,000 annually. B) The contract proposed by staff for 2007 is scaled back to encourage the organization to concentrate on the enrollment and retention of dues paying members and in helping property owners and businesses to market downtown properties. The most significant change is the proposal to limit the City's payment to $20,000 ($10,000 less than 2006) and release funds to the organization on the basis of a dollar for dollar match with membership dues only(not donations). C) The key ingredient, in the view of staff, is actual commitment by the businesses themselves (not by donations from those outside the downtown area); that commitment can only be measured (at this point) by dues paying membership. And it should be evident by the end of 2007 whether or not there is sufficient commitment by the downtown businesses themselves to justify further financial commitment by the City. Frankly, the City Council has repeatedly expressed concern to PDDA each of the past few years that more growth in membership was essential to continue participation by the City; it simply has not occurred. D) Council should determine an appropriate funding level and time period for an appropriate contract that can be prepared for Council action in December. 3(c) J • , CITY MANAGER (509) 545-3404 ! Fax (509) 545-3403 PO.Box 293 (525 North )lit ,\venue) Pacco,\Cachin�rnn'l9iU1 5rptcnlhcr 'c), 2006 Dennis Gisi, President Pasco Do\vntoWll DcVChP111c11t ASSOClatioll P. O. Box 842 Pasco, WA 9930.1 RC: 2007 Contract Dear Mr. Gisi: Please accept this letter in follow Ill) to our electing in earl}, August regarding the liiture of Pasco Downtown Development Association (PDDA). At the Executive Board lncetim, in August, we spoke candidly of the difficulties facing the PDDA organization. We also(Irscussc(I the mahility elf I'I)I-)A to fulfill the City's contract obligations over the llasl several years and the likelihood that they eould l.lot be fulfilled in the Bear future. We concluded by prorttising each other ihal we would Consider fin-ther all of the factors that \ve had discussed and adrisc eaCll other as to the prctcrred pathway for dowilto%vn Pasco's future (e.g.. a private organization with assist;lllcc li-onl the ('itv or. on the other hand, the City working with advisory conlnlittccs). While it would be easier for the City.to Simply assume responsibility for the doivntowil revitalization efforts, i hold a fundamental belief that such efforts are more likely to be successful If driven principally by those business and properly owners who,are illost (tiredly henef ited by the efiorls. lit view of the potential desire by some of the business and property owners to revive the organization (and, frankly, to encourage it if indeed desire exists), I alit prcparcd to recommend that the City Council commit to one more year of financial support. That support, however. must he conditioned o as to match the entllusiasrti(or lack thereof) of the PDDA membership. Specilically, I Would rcconlmcild to the City Council that its 2007 contract payments to PDDA match (on a dollar For dollar bads) the membership dues actually generated by PDDA. Thus, the more PDDA can raise lhrouggh Mcmbel-ship dues (hot donations), the more the City will participate; for obvious bud-get considerations, f Woul(I recommend the City's limitation be fixed at $20,000 annually. I have incorporated lily conclusions in the enclosed draft contract renewal for your rc\-ic%\•. As you can. see,we have deleted the unfulfilled contract obligations of the past and simply provide now Ihat the City Will match the membership dues effort for the coaling year. l'lrltie review the proposc(1 contr;let and advise nle at your soonest opportlini.Iy as to the content and your willifloncss to Illo\•e forward with my suggestion. Please feel free to call if you have any questions.-� i i Sit cerel11, G• -y r chfi Id ity Manager -GCltlz enclosure cc: City Council Rick.Smith Pasco Downtown Development Association (PDDA) 322 W. Columbia St. Pasco, WA 99301 q�ll P.O. Box 842 J Pasco, WA 99301 o ® ® ® Tel: (509) 545-0738 1 Fax: (509) 545-8801 pada@a,gwest.net www.Pascol)owntown.org October 5, 2006 Gary Crutchfield City Manager City of Pasco PO Box 293 Pasco,WA 99301 Subject: Pasco Downtown Development Association Dear Mr. Crutchfield: On June 20, 2006 I sent you a letter outlining our challenges and opportunities for the year. A copy of that letter is enclosed for your convenience. I thought I would take this opportunity to bring you up to date as to the progress the Pasco Downtown Development Association(PDDA) has made since that time. We continue to work with the Pasco High School Advance Marketing Class to further develop our brand and slogan, "Experience the Flavor of Downtown Pasco." We are hoping we can begin to role out his program in 2007. The Fiery Foods Festival was a success this year in both attendance and revenue not only to the PDDA but also to the vendors and merchants in our downtown area. Veronica left at the end of July, a full five months sooner than originally expected. The Executive Board has worked diligently to review and rewrite the job description for the Executive Director's position and had gone through the process of selecting an individual but the time we had met in August. This somewhat unexpected resignation set back our goal regarding membership. The overall goal of PDDA is become a Washington Main Street City. With that in mind we are taking steps to meet the qualifications of this program_ The two main milestones to becoming a Main Street City are to readjust the boundaries, create a walking downtown and have a full time Executive Director. As the boundary adjustments, the Board of Directors has approved such and adjustment and will be making a recommendation to our general membership in November. A map of our proposed boundaries is attached_ We believe a full time Executive Director is critical our success. Not only will this help us qualify as a Washington Main Street City it is critical to the economic development and the revitalization partnership with the City of Pasco. We must work together in a professional relationship as opposed to carrying out designated duties like any subcontractor of the city. Funding is a key component to the survival of PDDA. The Executive Director search pointed out that we would not be able to attract the type of talent needed in that position for less than $45 - 55,000 per year. If the City would maintain it's financial commitment this would put the PDDA $15,000 short if all other funding sources remained the same. If as you stated in your letter funds were cut not to exceed $20,000 this would put our budget shortfall at approximately$35,000. We are looking for additional funding sources and contemplate becoming a 501c3 organization in 2007. As you know we have hired Baker and Giles PS to help change our structure. We are confident that with director goals and board commitment we can make up the minimum shortfall. Therefore we are suggesting a commitment, which is as follows: Funding not to exceed $30,000 m2007 and is reduced $5000 per year until 2010 when the city would no longer be obligated to support the Association The contract payments would be based on membership and donations. As you stated in your letter of September 29, 2006 your belief and support for the downtown revitalization efforts would provide transitional funding to the organization and successfully drive those business and property owners who are most likely to benefit by these efforts. Please let me know at your soonest opportunity as to your willingness to pursue the revitalization partnership with our Association. Additionally, enclosed you will find our third quarter report $inccerr/jely; [�f Dennis D. Gisi, President Pasco Downtown Development Association C: Pasco City Council Richard J. Smith, Director Community&Economic Development PDDA Board Members PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PASCO AND PASCO DOWNTOWN DEVELOPMENT ASSOCIATION FOR 2007 An Agreement by which the Pasco Downtown Development Association (PDDA), a non-profit Washington State corporation (hereinafter called "ASSOCIATION"), agrees to provide professional services to the City of Pasco, a municipal corporation of the State of Washington (hereinafter called "CITY"), for the stated consideration and in accordance with the terms and conditions provided herein and setting forth the rights and responsibilities for the parties.. WHEREAS, the ASSOCIATION is a private, non-profit corporation, established to promote downtown business and property development through a balanced and comprehensive process that includes organization,promotion,design, and economic restructuring; and WHEREAS, the CITY desires to promote and sustain the economic development of the downtown businesses for the benefit of the CITY'S residents; and WHEREAS, the CITY has a continuing need for additional assistance in planning and implementation of a comprehensive downtown revitalization program and related improvements; and WHEREAS, the CITY desires to provide for the protection of the health, safety, and general welfare of the CITY'S residents and visitors; IT IS AGREED AS FOLLOWS: Section 1. The Association will accomplish the following specific objectives during the term of this Agreement. A. The PDDA shall continue efforts to enroll business and property owners as dues paying members of the PDDA. Progress reports identifying current members,new members and net increase/decrease shall be provided to the City in accord with the schedule identified in Paragraph C below. Said Progress reports shall include a list of all property addresses within the downtown and the date, contact person and outcome of attempts to enroll the business and/or property owner in the PDDA. B. In accordance with the schedule identified in Paragraph C below, provide a list of all contacts and the outcomes of PDDA efforts to help property owners sell or rent downtown properties. C. Provide the City with written quarterly reports which address both the PDDA'S financial position. and performance in fulfilling the objectives and service obligations which are the subject of this Agreement. The reports will be due on April 9,July 9, October 8, and December 28, 2007. Section 2. Consideration. In consideration of the services performed on behalf of the City as set forth in the Agreement under Section 1, the City shall pay a maximum of Twenty Thousand Dollars ($20,000) in four quarterly payments within 30 days of the submittal of the quarterly reports described in Sectionl Paragraph C above. The amount of the payment shall be equal to the.membership dues collected by the PDDA during the previous quarter as evidenced by copies of payment receipts and a written request for payment signed by the PDDA President. In no case shall any quarterly payment exceed$5,000. Section 3. Terms. This Agreement shall commence as of January 1, 2007 and terminate on December 31, 2007. DATED this day of , 2006 CITY OF PASCO Gary Crutchfield City Manager PASCO DOWNTOWN DEVELOPMENT ASSOCIATION For the PDDA ATTEST: Sandy Kenworthy . Deputy City Clerk .APPROVED AS TO FORM: Leland B. Kerr City Attorney Professional Services Agreement-Pasco Downtown Development Association AGENDA REPORT FOR: City Council Date: November 8, 2006 TO: Gary Crutchfi 1 anager W/Shop Mtg.: Novemberl3, 2006 Stan Strebel, A m t ratio Regular Mtg.: November 20, 2006 Comi ty Services Di FROM: Jim has Hance Manager N11 jr SUBJECT: Ambulance and Emergency Medical Services I. REFERENCE(S): A) Ordinance amending Chapter 3.05 establishing a monthly Ambulance Utility Service Fee B) Ordinance amending Section 3,07.010 entitled "Ambulance", Fee Summary C) Ordinance creating Chapter 5.05 entitled Ambulance Service. H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 11/13/06 DISCUSSION: 11/20/06 MOTIONS: I move to adopt Ordinance No. establishing a Monthly Ambulance Utility Service Fee, amending Chapter 3.05 entitled "Ambulance Service Fund", and to authorize publication by summary only. I move to adopt Ordinance No. establishing the Fees for Services and amending Section 3.07.010 of the Pasco Municipal Code entitled "Ambulance", and to authorize publication by summary only. I move to adopt Ordinance No. creating Chapter 5,05 entitled "Ambulance Service", and to authorize publication by summary only. III. FISCAL IMPACT: The Monthly Ambulance Utility Fee of $3 per month would provide approximately $487,000 of revenue to the Ambulance Service Fund. While this will reduce the demand on the General Fund by that amount, the fund would still be required to continue provide at least $420,000 of funding to the Ambulance Service Fund. The Ambulance Service Transport and Transfer rates are set to provide the remaining revenue to continue to operate the fund on a break even basis. IV. HISTORY AND FACTS BRIEF: Based upon the Cost of Service study performed by HDR, Inc. and previous related discussions and direction from Council, staff is now presenting these ordinances in order to begin charging the monthly Ambulance Service Utility Fee and the Transport and Transfer rates recommended by that study, starting on January 1, 2007. The Monthly Ambulance Utility Fee is proposed to be $3 for each single family residential dwelling unit and that amount multiplied by the number of single family residential dwelling units in multiple family residential dwelling unit buildings or facilities. Each business location within the City Limits will also be charged the$3 fee to cover business owners and employees. As calculated in the HDR study, the full cost for each ambulance nm is $990 which is the recommend charge for non-residents. This charge is discounted to $660 for those paying the Monthly Ambulance Utility Fee (Residents and owners and employees of City businesses). Due to the fact that the Ambulance Fund will now become a utility fund, staff recommends that the City continue to pursue from patients receiving ambulance emergency medical services, any amounts owing which are not frilly paid by third party payors, i.e. insurance. The ordinance also includes a section which allows for reciprocity of charges for Richland and Kennewick residents if Pasco residents are allowed the same rates in those cities. However, as Kennewick has not yet determined which direction it will go and the Richland ordinance is new, it may take some time to determine how such provision will be implemented. Consistent with State law, which allows the establishment of ambulance utilities, staff also recommends that each ambulance service company doing business in Pasco should be required to have a business license. There is currently no provision in the Pasco Municipal Code for Business Licenses for ambulance companies. The Fire Department would have the obligation to review the application and accuracy of information submitted. Staff feels a license fee of $150 would be appropriate. 3(d) ORDINANCE NO. AN ORDINANCE of.the City of Pasco, Washington, Establishing a Monthly Ambulance Utility Service Fee Amending Chapter 3.05 Entitled "Ambulance Service Fund" WHEREAS, the City of Pasco has since 1979, maintained ambulance services as a utility to provide emergency medical transport services through the Pasco Fire Department, and WHEREAS, the City of Pasco ambulance service was previously funded in part by an excise tax which was invalidated by the Washington State Supreme Court; and WHEREAS, the Washington State legislature by enactment of RCW 35.21.766 "Ambulance Services - - Establishment Authorized" reaffirmed the City's authority to establish a system of ambulance services to be operated as a public utility and provided statutory guidance in setting rates for such services and assessing a portion of the costs for those services as utility over the taxpayers of the City of Pasco; and WHEREAS, the legislature has determined that ambulance and emergency medical services are essential services and the availability of these services is vital to preserving and promoting the health, safety and welfare of the citizens of the City of Pasco, and finding that all persons, businesses and industries benefit from the availability of ambulance and emergency medical services, and survival rates can be increased when these services are available, adequately funded and appropriately regulated. The legislature's explicit intent in enacting this authorization is to recognize local jurisdiction's ability and authority to collect utility service charges to fund ambulance and emergency medical service systems that are based, at least in some.part, upon a charge for the availability of these services; and WHEREAS, the City of Pasco has conducted a cost of service study for ambulance and emergency medical services by HDR Engineering, Inc., and having received that report and recommendations at the City Council Meeting on September 25, 2006; and WHEREAS, the City Council has determined it to be in the best interest to implement ambulance service utility as authorized by law,NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON,DO HEREBY ORDAIN AS FOLLOWS: Section 1. That Chapter 3.05 entitled "Ambulance Service Fund" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: Ordinance-1 CHAPTER 3.05 AMBULANCE SERVICE FUND Sections: 3.05.010 Definitions 3.05.020 Establishment of Ambulance Service 3.05.021 Scope of Service 3.05.025 Monthly Utility Service Fees and Rate_s 3.05.026 Collection of Monthly Utility Service Fees 3.05.027 Responsibility for Utility Service Fee 3.05.030 Ambulance Services Fund 3.05.040 Ambulance Service Rates 3.05.050 Billing for "m'in'a^° Sef-viee Emer ency Medical Services, Transport or Transfer 3.05.070 Compliance With Medicare and Medicaid Requirements 3.05.080 Reciprocity 3.05.090 Severability 3.05.010 DEFINITIONS. For the purpose of this chapter, these terms shall have the following meanings: A) Household. "Household" ineludes each single faFA!y dwelling, apai4fnent OF . "Availability Costs" means those costs attributable to the basic infrastructure needed to respond to a single call for service within the utility's response criteria, including costs for dispatch, labor, training of personnel, equipment, patient care supplies, and maintenance of equipment. B) " " means all aGt4vkies, aeoupations-, tFades, pursuits of pr-efessions leeated afid�or- engaged in within the City with the Obj86t Of gaiffi,- benefit, of advantage, dir-eefly E)r- . "Commercial/Business" means any business located and operating within the City and paying a utility service fee under this Chapter." C) Sc-epf Ceverage. The Am , laflee Se es shall eave ,.h ifidiN4&al whe r-asidos within a "household" as that tefffi is defined in subseetion (A) of this fnediGal services. Guests slaying ow-might or- lengef: a� a heuseheld skall be tFeated as a ffieflibef: of the household if the need fof efnefgenoy sevvioes aFises f6F these individuals while visiting at thm f *ice. 'Demand Costs" means those costs that are attributable to the burden placed upon the ambulance service b individual ndividual calls for ambulance service. Demand calls shall include costs relating to frequency of calls, distances from hospitals, and other factors identified in a costs-of-service study conducted to assess burdens imposed on the ambulance utility. Ordinance-2 D) Scope of the Business and Mdustr-y Cover-age. The Ambulanee SeEvises Fund City, and shall apply enly to emergency and tfaespeft ambulance ° OlVif rt the E446 engaged in the regular-eourse or- sGepe of his or- hef e4a4pjayment or-is tfaveling to the busiFiess 6r- emer-geney o an the pferflises of any the City, "Family Residential" means each single-family dwelling within the City as defined by PMC 25.12.175. E "Industrial" means any industrial facility as pennitted under Chapters 25.52 and 25.54 located and operating within the City and paying a utility service fee under this Chapter. F) "Multi-Family Residential" means each unit, space, apartment or lot available for rent or lease within a multiple dwelling unit, including, group, convalescent home, mobile or manufactured home parks and condominiums. Multi-family residential units do not include hotels motels rooming houses or recreational vehicle parks, each of which are included within the "Commercial/Business" definition above. G) "Resident" means a person who utilizes a dwelling unit inside the City as a fixed abode and is not a guest visitor, or other temporary inhabitant. A student who is regularly enrolled in an educational institution outside the City, but who would normally and regularly be a City resident but for attendance at such educational institution, shall be deemed to reside within the City. H) "Utility" means the City of Pasco ambulance service utility, including without limitation, all equipment employees agents supplies overhead and other associated costs incurred to deliver all regulatory and ambulance services. EI) Types of Service. To distinguish between non-emergency and emergency services, the following definitions shall apply: 1) "Emergency Medical Services" shall mean an apparent sudden need of medical attention based on injury or other unforeseen acute physical or mental event, which poses an immediate threat to life or physical well being. 2) "Transport" shall mean the movement of a patient by ambulance from the scene of an emergency to the closest appropriate hospital. 3) "Non-Transport Medical Services" shall mean where a person receives medical services or treatment by Pasco ambulance personnel and is not transported to a Ordinance-3 medical facility by the ambulance. 4) "Transfer" shall mean the movement of a patient by ambulance from or between one hospital to another, to a medical facility, to a residence, to an airport for transfer to another city, to another city or to any other designated location. (Ord. 3708 Sec 1, 2004; Ord. 3677 Sec. 2, 2004; Ord. 3433, Sec. 1, 2000; Ord. 2078 Sec. 1, 1979.) 3.05:020' ESTABLISHMENT OF AMBULANCE SERVICE. There is established an ambulance service to serve as a public utility of the City of Pasco, for the health and welfare of the residents of the City. This service shall charge rates as approved by the City Council. (Ord. 3433 Sec. 1, 2000.) 3.05.021 SCOPE OF SERVICE. A) Scope of residential ambulance utility service for both family residential and multi-family residential as defined in PMC 3.05.010 shall apply only to emergency and transport services. B) Scope of business/commercial and industrial ambulance utility service shall cover each officer and employee of a business or industry paying the ambulance service utility fee physically located within the City, and shall apply only to emergency and transport ambulance services involvin:r the officer or employee which arise within the_City and which arise while the officer or employee is engaged in the regular course or scope of his or her employment or is traveling to the business or industry location to commence work or is traveling from the business or industry location following the comRletion of work. This scope of service shall also be extended to individuals who normally and regularly reside, as patients or clients, on the premises of any business or agency devoted exclusively to the care of persons who are ph shy or mentally infirm disabled or emotionally disturbed, which business or agency pays a service utility fee and is located within the City. 3.05.025 MONTHLY UTILITY SERVICE FEES AND RATES. A) Fee Formula. A monthly service utility fee for the operation of the utility shall be established from time to time by ordinance of the City Council in conformity with RCW 35.21.766. The amount of the fee shall be based upon costs of regulating ambulance services and the costs of providing ambulance utility services as determined by a costs-of-service study required by RCW 35.21.766(3). Those costs, after transport charges and general fund contribution shall be divided among the City of Pasco residents and other occupants based on a calculation of demand costs and availability costs consistent with acce ted principles of utility rate setting including: 1) The rate attributable to availability costs of the utility shall be uniformly ap plied across all user classifications within the utilit . Ordinance-4 ti i 2) The rate attributable to demand costs which shall be established and billed to each utility user classification based upon each user classification's burden on utility. The service fee charged by the utility shall reflect a combination of the rates attributed to both the availabilitY cost and the demand cost. The resulting fee shall be assessed to identifiable use classifications. Fees shall not exceed the revenue requirements to cover the costs of utility, as authorized by the City Council by adoption of an annual budget and subsequent amendments. B Classifications. The monthly service fee shall be determined in part, based u on the identified types of service provided to end users including residential accident scene response, health care facilities senior care public facilities and other identified ambulance service users. The monthly service fee shall be assessed on each of the following utility user classifications: 1 Family Residential. 2) Multi-Family Residential. 3) Commercial/Business. 4) Industrial. C Rates Formula. The resident emergency medical service rate for the transport and transfer of i3atients shall be distinguished from the non-resident rate which shall reflect the full costs of providing emergency medical services for each classification calculated on a Mr call basis. The resident rate shall be sub'ect to a credit for the ambulance service utility fee paid by the City residents and businesses as calculated on a per call basis. This credit shall correspond to the ambulance service utility fees paid by City residents and businesses as opposed to non- residents who have not paid the utility fee. 3.05.026 COLLECTION OF MONTHLY UTILITY SERVICE FEE. The ambulance utility service fees shall be collected on a monthly basis at the rate_designated in Chapter 3.07 from each owner of a residential dwelling unit (for the "family residential" classification and for the "multi-family residential" classification to the extent that each unit is sgparately billed for utilities) and from the owner of each commercial/business or industrial facility (for classifications other than "family residential" and separately billed "multi-family residential" units) The City Manager, or his designee shall be responsible for the billing and collection of the utilit y service fee. Payment of the utility service fee shall be due and owing thirty (30) days after the billing date and shall be delinquent if not paid by the due date. 3.05.027 RESPONSIBILITY FOR UTILITY SERVICE FEE. The owner of the family-residential propegy and the multi-family residential proverty and all adult residents therein shall be jointly and severally responsible and liable for the utility_service fee. The owner of each commercial/business and industrial facility shall be jointly and severally responsible and liable for the utility service fee. Notice of the utility service fee shall be sent to the a licant for Ordinance-5 sewer and/or water services at the service location, unless notarized instructions from the property owner are received by the City requesting that the property owner be billed. In all other cases, the property owner shall be billed. In the event the utility service fee is included in the billing for water and/or sewer charges, any payments received shall be deemed to be first applied against the ambulance utility service fee. 3.05.030 AMBULANCE SERVICES FUND. There is established and created a speei-al utility revenue fund to be known as the ambulance services fund to be held separate and apart from all other funds of the City. Any and all revenues received by this utility, including but not limited to all service fees, and all other rates, fees and charges relating to the ambulance utility, shall be credited to the ambulance services fund, along with all appropriations from the general fund for the utility. All expenditures for the regulation, operation, and maintenance, and eapital iieeds of the City ambulanee sefk,iee of the utility shall be paid out of the ambulance services fund. oney in the ambulance services fund to pay the east of p idifig ambulance ° to G ter ,;Sidews Whin shall not be transferred to the general fund, nor to any other fund of the City, except as payment for services rendered by the utility. Capital costs of the utility shall be paid only from a separate established account within the ambulance services fund and shall not be paid from the service fee. (Ord. 3677 Sec. 2, 2004; Ord. 3433 Sec. 1, 2000; Ord. 2078 Sec. 5, 1979.) 3.05.040 AMBULANCE SERVICE RATES. The following rate categories are established for emergency medical ambulance service: 1A) leseResident Rate for emergency transport, afid transfer, and medical services as defined PNIG C 01 0 for a4l o;jiff Y with passe City l;m;to de���T� n�^° r° ��� for each resident qualifying under Section 3.05.050 below; 2B) base Non-Resident rate for all emergency transport, transfer, and medical services for all persons who reside e tside of the r;t„ lifnits not qualifying as a "resident" as provided in Section 3.05.050 below; 3C) base Non-Transport Medical Services Rate for emergency medical services that does not result in transport to a medical facility by a Pasco ambulance; and 412) Mileage rate for each mile or portion thereof necessary for emergency transfer or transport services from the incident or patient location to the medical facility. All rates shall be as set forth in Chapter 3.07 of this Code. (Ord. 3708 Sec 1, 2004; Ord. 3677 Sec. 2, 2004; Ord. 3646 Sec. 3, 2003; Ord. 3433 Sec. 1, 2000; Ord. 3327 Sec. 3, 1998; Ord. 3025, Sec. 1, 1994; Ord. 2627 Sec. 1, 1986.) 3.05.050 BILLING FOR AMBULANCE SER3 Tr>~ EMERGENCY MEDICAL SERVICES, TRANSPORT OR TRANSFER. Each person who "t'1"°s t"° amb lafle° se ° ("patient") shall be billed by the City at the rates set fefth in Seetion 3.07.010. the City Manager- Ordinance-6 pr-eeedar-e, the City may eleet to bill the patient dimedy or. bill the pati s inswranee eempmy, balanee to the patiefA dimedy. The City may eEmtr-aet with a billing serwiee te bill -A r 4 the am ••lane° pal °wises receiving City emergency medical services shall be billed by the City at the rates established in Chapter 3.07. Each patient who is a City resident or is employed at and transported from a business, commercial or industrial facility within the City, shall be entitled to the resident charge conditioned upon: A) Patient supplies the City with all requested information and documentation including, but not limited to, insurance information and medical records relevant to billing for ambulance service. B) The patient assigns to the City the patient's right to receive payments from all applicable third-party Ravers or any other party.statutorily required tol pay for the support of the patient. C) The patient or the owner of a business, commercial, or industrial facility is not more than thirty (30) days delinquent in the payment of the monthly ambulance utility service fee. All other persons who receive City emergency medical services, shall pay the full ."nonresident ambulance service charges" provided in PMC 3.07.010. (Ord. 3708 Sec. 1, 2004; Ord. 3677 Sec. 2, 2004; Ord. 3433 Sec. 1, 2000.) 3.05.070 COMPLIANCE WITH MEDICARE AND. MEDICAID . REQUIREMENTS. This Chapter and the charges for the ambulance service hereunder shall be construed and implemented in a manner consistent with applicable medicare and medicaid requirements. The combined ambulance service rates provided in PMC 3.05.040 shall be limited for those persons who are Medicaid eligible and who reside in a nursing facility,boarding home, adult family home, or receive in-home services to the Medicaid benefit amount trovided for ambulance transport or transfer. If any part of this Chapter is found to conflict with Medicare or Medicaid requirements, the conflicting part of this Chapter shall be inoperative to the extent of the conflict and such finding or determination shall not affect the operation of the remainder of this Chapter. (Ord. 3677 Sec. 2, 2004; Ord. 3433 Sec. 1, 2000.) 3,05.080 RECIPROCITY. Emergency and transport service as described in Section 3.05.010 of this Chapter shall be provided within the City's ambulance response and mutual aid areas to any gualifying resident of the cities of Kennewick and Richland under the terms of this Chapter provided that the patient resides in a city that provides emergency and transport ambulance services within its ambulance response and mutual aid areas to qualifying Pasco residents under reciprocal terms. (Ord. 3708 Sec. 1, 2004; Ord. 3677 Sec. 2, 2004; Ord. 3433 Sec. 1, 2000; Ord. 2712 Sec. 3, 1988; Ord. 2120 Sec. 1, 1979; Ord. 2078 Sec. 8, 1979.) Ordinance-7 3.05.090 SEVERABILITY. If any provisions of this Chapter or its application to any person or circumstance is held invalid, the remainder of this Chapter or the application of the provisions to other persons or circumstances is not affected, and to this end, the provisions of this Chapter are declared to be severable. (Ord. 3677 Sec. 2, 2004; Ord. 3433 Sec. 1, 2000.) Section 2. This Ordinance shall take full force and effect on January 1, 2007. PASSED by the City Council of the City of Pasco, Washington and approved as provided by law this day of , 2006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy Leland B. Kerr Deputy City Clerk City Attorney Ordinance-8 ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Establishing the Fees for Services Amending Section 3.07.010 Entitled "Ambulance " WHEREAS, the City Council of the City of Pasco has determined that certain amendments regarding the fees for services are warranted NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON,DO HEREBY ORDAIN AS FOLLOWS: Section 1. That Section 3.07.010 entitled "Ambulance" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 3.07.010 AMBULANCE: A) Ambulance Service Rates for Rates/Fee Reference Transport and Transfer: 1) Resident Rate $9-59660.00 3.05.0-540 2) Non-Resident Rate $ 40990.00 3.05.040 3) Mileage Rate, per mile $9.00 3.05.0540 4) Non-Transport Medical Services Rate $200.00 3.05.0-540 B) Monthly Ambulance Service Fees: Family Residential Ambulance 3,00 3.05.025 Utility Fee 2 Multi-Family Residential Ambulance $3.00 3.05.025 Utility Fee 3) Commercial/Business Ambulance $3.00 3.05.025 Utility Fee 4} Industrial Ambulance Utility Fee $3.00 3.05.025 Ordinance Amending 3.07.010 "Ambulance"1 i Q Ambulance Service Business License $150.00 5.05.030 Section 2. This Ordinance shall take full force and effect on January 1, 2007. PASSED by the City Council of the City of Pasco, Washington and approved as provided by law.this day of , 2006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy Leland B. Kerr Deputy City Clerk City Attorney Ordinance Amending 3.07.010"Ambulance"2 i ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Creating Chapter 5.05 Entitled"Ambulance Service" WHEREAS, the City has the authorization to regulate businesses providing essential services to the citizens of the City of Pasco, and the obligation to regulate said services as directed by the Washington State legislature by its enactment of RCW 35.21.766; and WHEREAS,it is determined to be in the best interest of the citizens of the City of Pasco that those providing ambulance services be regulated to provide for those providing these services comply with the State and Federal imposed regulations; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON,DO HEREBY ORDAIN AS FOLLOWS: Section'I. That a new. Chapter 5.05 entitled "Ambulance Service" of the Pasco Municipal Code shall be and hereby is enacted and shall read as folfows: CHAPTER 5.05 AMBULANCE SERVICE Sections: 5.05.010 Business License Required. 5.05.020 Term of Ambulance Service Business License. 5.05.030 Annual Ambulance Service Business Fee. 5.05.040 Conditions of Ambulance Service Business License. 5.05.050 Exhibition of License Required. 5.05.010 BUSINESS LICENSE REQUIRED. A person or entity may not conduct or operate an ambulance service within the City without first obtaining an ambulance service business license. Applications for an ambulance service business license must be made in writing to the Fire Chief on forms specified by the Department. The Fire Chief shall not approve an application for ambulance service business license unless the applicant has fulfilled all requirements of this Chapter and any applicable provisions of all State laws and regulations i relating to ambulance service personnel, equipment and operations. 5.05.020 TERM OF AMBULANCE SERVICE BUSINESS LICENSE. Any ambulance service business license issued hereunder shall be for the calendar year, unless suspended or revoked pursuant to PMC Chapter 5.04. Such ambulance service business license may be renewed for each calendar year upon filing and approval of an application in payment of Ordinance Enacting Chapter 5.05 "Ambulance Service"- 1 the annual business license fee. 5.05.030 ANNUAL AMBULANCE SERVICE BUSINESS FEE. The charge for the license under this Chapter. shall be as set forth in Chapter 3.07 of this Code payable at the time of application. 5.05.040 CONDITIONS OF AMBULANCE SERVICE BUSINESS LICENSE. A) An initial application and any subsequent renewal application for an ambulance service license shall be submitted to the Fire Chief for approval and shall be made on forms provided by the Department and shall contain the.following information and documents: 1) Name, address and telephone number of the applicant. The applicant administrator's name and contact number(s)must be kept current. Any change(s)must be conveyed.to the Department within five(5) working days. 2) Business named under which the ambulance service shall operate within the City. 3) The number of ambulances to be initially placed in service within the City. 4) The number of certified emergency medical providers initially to be employed. 5) A roster of all ambulances to be used in the City with proof that each ambulance is currently licensed as an ambulance by the State of Washington. 6) A roster of all certified emergency medical providers with proof that each emergency medical providers is currently certified by the State of Washington, including the certification level and expiration date. 7) Proof that ambulances and personnel are verified emergency inter-facility trauma transfer providers as defined in the most current Washington statutes and regulations. 8) Proof of insurance. B) Prior'to the issuance of the ambulance service license, the application and all necessary records and documents including proof of State inspections of all equipment shall be reviewed by the Fire Chief, or his designee, who shall determine whether said records, documents, and inspection conform with the requirements of this Chapter, and any applicable State and Federal rules or regulations. Upon approval of the application, the Fire Chief shall authorize the issuance of an ambulance service business license from the City Clerk to the applicant. Ordinance Enacting Chapter 5.05 "Ambulance Service" -2 5.05.050 EXHIBITION OF LICENSE REQUIRED. For each ambulance provider licensed pursuant to the terms of this Chapter, a business license or a reasonable facsimile thereof shall be prominently displayed at the place of business, and produced upon request. Section 2. This Ordinance shall take full force and effect on January 1, 2007. PASSED by the City Council of the City of Pasco, Washington and approved as provided by law this day of , 2006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy Leland B. Kerr Deputy City Clerk City Attorney Ordinance Enacting Chapter 5.05 "Ambulance Service" -3 AGENDA REPORT FOR: City Council November 7,2006 TO: Gary Crutchfiel ty anger Workshop Mtg.: 11/13/06 FROM: Denis Austin, office Chief Regular Mtg.: 11/20/06 SUBJECT: 2007 Interlocal Agreement for Emergency Dispatch Services I. REFERENCE(S): A) Proposed Agreement II. ACTION REQUESTED OF COUNCILISTAFF RECOMMENDATIONS: 11/13: Discussion 11/20 MOTION: I move to approve the 2007 Interlocal Agreement with Franklin County for Emergency Dispatch Services and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: A) $457,950 Police Department Budget B) $99,487 Fire Department Budget C) $557,437 Total Fiscal Impact IV. HISTORY AND FACTS BRIEF: A) Part of our responsibilities, as a member of the Dispatch Oversight Committee, is for the Chief of Police and staff to meet with the Franklin County Sheriff to develop the 2007 Interlocal Agreement for Emergency Dispatch Services. The City's 2007 Interlocal Agreement for Emergency Dispatch Service is similar to the 2006 contract. The attached tentative agreement represents a consensus of the parties who have worked to develop it. B) In 2006 Franklin County hired a consultant to review staffing and other issues in the dispatch center. As a result of that study, the consultant recommended that Franklin County hire four new dispatchers. The City's portion of the increase in the 2007 County Dispatch Budget includes the addition of two new dispatchers. C) The 2007.Interlocal Agreement for Emergency Dispatch Services continues to improve the quality of service provided to citizens and allows the City adequate input to the Dispatch Operation. V. DISCUSSION: A) The total 2007 County Dispatch budget is $1,331,610. Outside Revenue and Grants provide $606,115 toward the dispatch budget. This includes $577,615 in E911 funding and $28,500 in fees paid by other agencies. Agency Assessments pay the balance of the operation costs totaling $753,995. B) Each agency pays a base fee and a usage fee based on their percentage of the total calls handled by the dispatch center (see Appendix A and Usage Cost Sheet). Pasco Police and Franklin County Sheriff each pay a base fee of$134,317. Pasco Fire and Connell Police each pay a base fee of$17,922. The 2007 usage fee for Pasco Police will be $323,633 or 75.02%. The 2007 usage fee for Pasco Fire will be$81,565 or 4.77%. C) The City's cost for dispatch services in 2006 was $475,437. The City's portion of the 2007 budget is $557,437. This represents an increase of$82,000 or 17.2% above the 2006 budget. The increase includes $43,890 for the cost of two additional dispatchers. If this agreement is approved, the 2007 cost to the Police Department for dispatch services will be $457,950. The cost to the Fire Department will be $99,487. 3(e) 2007 INTERLOCAL COOPERATION AGREEMENT FOR EMERGENCY DISPATCH SERVICE THIS AGREEMENT, made and executed this day of , 2006, by and between Franklin County, State of Washington, and the Sheriff of Franklin County, Washington acting jointly, hereinafter referred to as "County" and the undersigned municipal corporations hereinafter referred to as "Dispatch Users" or individually as the "Dispatch User," WITNESSETH; THE PURPOSE of this agreement is to establish a modern, fully equipped, adequately trained and staffed, Emergency Dispatch Center to assist Dispatch Users in providing emergency response for the benefit of its citizens residing in the Dispatch User jurisdictions who are served by the Dispatch Center. This Interlocal Cooperation Agreement will replace and supersede all prior Interlocal Dispatch Service Agreements between the Dispatch Users and Franklin County, except for the "Supplemental Agreement for Emergency Dispatch Services," dated the 1 Sch day of December 2000, a copy of which is attached and hereby incorporated by reference as a supplement to this 2007 Agreement. WHEREAS, County has developed and is presently maintaining and operating an Emergency Dispatch Center capable of receiving emergency telephone messages from the public in need of emergency police, fire or ambulance service, and of dispatching Dispatch User personnel to such calls, as well as providing on line BI-PIN computer information, and information from State of Washington ACCESS Systems to such users, and WHEREAS, each Dispatch User has a responsibility to provide a means for the receipt of, as well as the dispatch of, appropriate emergency equipment and personnel in answer to said emergency calls from persons living within the geographic boundaries of the "Dispatch User", and WHEREAS, it is agreed by the parties that a modern, fully equipped, adequately staffed, Emergency Dispatch Center would promote efficiency and provide for greater cooperation and coordination in the delivery of emergency services to the public at a reasonable cost, Now, Therefore, IN CONSIDERATION of the mutual covenants and agreements herein contained, and pursuant to the authority granted by Chapter 39.34 RCW, it is hereby agreed by the parties as follows: 2007 INTERLOCAL AGREEMENT FOR EMERGENCY DISPATCH SERVICES Page 1 of 9 I OPERATIONS A. Emergency Dispatch Center. County will provide, maintain and operate an emergency dispatch center to include the furnishing, maintenance, repair and replacement of all facilities, phones, radios, teletypes, hearing impaired phones, fax machines, language line, I/MDT System, Access to CAD system via mobile data terminal interface, computer aided dispatch, and other required electronic equipment as well as qualified personnel necessary to courteously, efficiently and effectively receive and dispatch emergency calls for service 24 hours per day, seven days per week, 365 days per year. Dispatcher Requirements and Qualifications. All dispatchers shall be required to attend and successfully complete dispatch-training courses to certify them to "Dispatcher H" standards as developed by the Washington Criminal Justice Training Commission. County shall have at least one bilingual Dispatch Center staff member assigned to each shift in order to more effectively communicate with the Spanish-speaking residents who are served by the Dispatch Center. B. Professional Service. County agrees to provide professional quality dispatch service that is free from rude or unprofessional conduct toward the public or employees of the Dispatch Users and operates in strict compliance with established radio procedures. In the event of complaints which are appropriately documented and provided to them, County agrees to provide to Dispatch Users unedited taped cassette copies of all questioned service interchanges as well as a written report of the action taken in response to each complaint. Such service reviews shall be completed and responded to within 15 days of receipt from a Dispatch User agency. As part of an ongoing quality service review a brief summary of all complaints and their dispositions shall be made available to the Dispatch Oversight Committee at their quarterly meetings. C. Dispatch User Operations. Dispatch Users agree to have adequate staffing immediately available to receive information about, and to respond to, such emergencies. Dispatch. Users shall in no way have direct supervision or control over the personnel or equipment owned and operated by the Dispatch Center. The sole responsibility and function of Dispatch User shall be to receive and respond to such calls in a timely manner. Dispatch Users shall defend, indemnify and hold the County harmless from Dispatch User caused delay in handling said emergency calls, or for negligent, misfeasant or malfeasant acts of Dispatch User personnel in answering said calls or performing any of their official functions associated therewith. Dispatch Users shall avoid rude or unprofessional conduct toward employees of the Dispatch Center and operate in strict compliance with established radio procedures. D. Additional Services. In addition to the receipt and dispatch of said emergency calls, County shall provide to Dispatch Users access to information available through W.A.S.I.S., D.O.L., BI-PIN Computer Systems, Mobile Data Terminals and the Computer Aided Dispatch System. The provisions of the supplemental agreement between the City of Pasco and Franklin County for dispatch services, dated 18`h day of December 2000, are hereby incorporated in and made a part of this agreement by this reference (See Appendix "C'�. 2007 INTERLOCAL AGREEMENT FOR EMERGENCY DISPATCH SERVICES Page 2 of 9 E. Systems Support. County agrees to provide back up dispatch systems necessary to assure that such center remains operational in all circumstances. In the event such operating systems or backup systems become inoperative through damage by fire, casualty or act of God, County shall use temporary systems to assure continuing dispatch service. County shall use all reasonable means to return said dispatch center to full operational capacity within 24 hours. II MAINTENANCE A. Equipment Costs and Maintenance. Each Dispatch User agrees to provide, at its own expense, all radio and electronic equipment required to receive and respond to County Dispatch Center communications. Such radio and electronic equipment shall be of good quality and capable of receiving and broadcasting upon such frequencies as shall be licensed for use by the F.C.C. Such equipment shall be maintained and operated by Dispatch User personnel in a manner that will minimize interference with other Dispatch Users of the County Dispatch Center. In the event such operating systems or backup systems become inoperative, Dispatch User shall employ all reasonable means to return said system to full operation within 24 hours. III ADMINISTRATION A. Dispatch Oversight Committee. A Dispatch Oversight Committee shall be organized to manage and administer the operations of the Emergency Dispatch Center. The Dispatch Oversight Committee shall be comprised of- 1. Two members representing and selected by Pasco Police Department, 2. One member representing County Law Enforcement, 3. One member representing the Pasco Fire Department, 4. One member representing the Connell Police Department. Each member of the Oversight Committee shall have one vote and all representatives shall be appointed by their Dispatch User or Users no later than the 1St day of January of each year for the term of this agreement.and can only be removed by the appointing authority. B. Administrative Responsibilities. It shall be the responsibility of the Oversight Committee to oversee the operations and management of the Emergency Dispatch Service. Additionally, the Oversight Committee shall provide the County Commissioners with appropriate observations and recommendations pertaining to the operation and administration of the Dispatch Service. County shall be responsible to implement the policies, contracts and the annual budgets approved by the governing bodies of the participating jurisdictions. C. Administrative Procedure. The Oversight Committee shall meet quarterly with and provide guidance to the Dispatch Manager, who is selected by the County Sheriff, concerning matters to include, but not limited to, the following issues: 2007 INTERLOCAL AGREEMENT FOR EMERGENCY DISPATCH SERVICES Page 3 of 9 1. Budget, to include capital outlay expenditures; 2. Staffing levels, training and selection criteria for dispatchers; 3. Dispatch equipment (primary and backup); 4. Operating policies of the Dispatch Center; 5. The addition of new Dispatch Users; 6. The assignment and allocation of radio frequencies. The Dispatch Oversight Committee shall also forward all appropriate recommendations for the operation and management of the Dispatch Service to the County Commissioners for approval. This process will require a simple majority vote. All non-voting Dispatch Users may attend oversight meetings and provide input.concerning operation of the Dispatch Center. When making recommendations, the Dispatch Oversight Committee will have voting power concerning all matters related to Dispatch Center operation, to include those issues mentioned above. D. DiWute Resolution. In the event that disputes arise over any issue concerning the Dispatch Center, all parties agree to utilize the services of a mutually agreed upon third party arbitrator to help the parties resolve such issues. Any one Dispatch User or Users may request resolution by arbitration. In the event that an Arbitrator cannot be agreed on within fifteen (15) days all parties agree to utilize an Arbitrator chosen by the American Arbitration Association or the FMCS. The aggrieved parties shall share payment for the services of such arbitrator equally. Such costs shall not be paid for from the Dispatch Service budget. The findings of the Arbitrator will be binding on all parties. E. Supervision and Control. County shall in no way have supervision or control over the responding personnel, vehicle or equipment owned and operated by any Dispatch User, nor shall County in any manner be responsible for or determine the number or adequacy of emergency vehicles or personnel provided by any Dispatch User. The sole responsibility and function of the County shall be to receive emergency calls from the public, to timely dispatch equipment and personnel in accordance with the Dispatch User provided priority call system and to provide requested information to Dispatch User personnel, all in an expeditious manner. F. Hold Harmless. County shall defend, indemnify and hold Dispatch Users harmless for any claims or damages caused by the Dispatch Center caused delay in answering said calls, and for the negligent, misfeasant or malfeasant acts of any Dispatch Center personnel in answering or delivering said dispatch or performing any of their official functions whatsoever. IV FINANCE A. The budget for Dispatch Center operation for year 2007 shall not exceed $753,995. B. Dispatch Service Fundin . Funding for dispatch services shall be apportioned to Direct Dispatch Users and Contract Users based on the formula described below: 2007 INTERLOCAL AGREEMENT FOR EMERGENCY DISPATCH SERVICES Page 4of9 1. Base Fees/Contract Fees. Each Direct Dispatch User shall pay a base fee and each Contract Dispatch User shall pay a contract fee which is collectively intended to pay for the minimum staffing and equipment necessary to effectively operate the Dispatch Center 24 hours per day, 7 days per week, and 365 days per year(See Appendix "A"). 2. Direct Dispatch. A "Direct Dispatch User" agency is defined as a Dispatch User who relies on the Dispatch Center to answer emergency calls for them, who has the ability to use all other dispatch services including radio communications and has access to all dispatch provided information systems. 3. Contract Dispatch User. A "Contract Dispatch User" agency is defined as an agency that utilizes some, but not all, of the services that are provided to Direct Dispatch Users. The contract fee for such agencies is set by the Dispatch Oversight Committee and is based on a minimum contract fee plus the actual cost attributed to the level of use of dispatch services. 4. Usage Fee. Beginning January 1, 2000, each Direct Dispatch User shall pay a usage fee equal to the percentage of calls documented for their agency by the incident numbering system in use for their agency for the prior calendar year. All calls to the Dispatch Center requesting Law Enforcement, Fire and Ambulance services from the Dispatch User, as identified on Appendix "B" attached herein and incorporated by reference, are to be counted using said system. Only fire calls that result in an actual emergency response will be counted. This usage fee shall be applied to that portion of the Dispatch Center budget that remains unpaid after application of the base and contract fees that have been agreed upon by each agency. For purposes of continuity the 2007 usage percentage for the Direct Dispatch Users may not exceed the 2002 usage percentage. An audit will be performed to compare methods for future assessments. 5. PayMeent. Each Direct Dispatch User shall pay one-quarter (1/4) of the base and usage fees quarterly on or before February 28t', May 31s, August 30 and November 30`h of the current contract year. 6. Estimated Fees and Annual Report. Estimated Direct Dispatch User and Contract Dispatch User fees for the upcoming year shall be established and communicated to each Dispatch User by September 0 of each contract year. Copies of the final Dispatch Center budget for the coming year will be provided to each Direct Dispatch User by, December 15`h. An annual report of all revenues and expenditures for the preceding calendar year shall be provided to each Direct Dispatch User by March 151h 7. Budget Increases. The County agrees to allow City input on salary and benefits negotiations for dispatch personnel prior to reaching final approval. 2007 INTERLOCAL AGREEMENT FOR EMERGENCY DISPATCH SERVICES Page 5 of 9 C. Capital Outlay and Maintenance Fund. The County agrees to budget no less than $5,000 as capital outlay each year for replacement and improvement of the central dispatch system for each year this agreement is in effect. Any money that is not spent during said year shall be deposited into the "Radio Maintenance Fund" which is a fund for capital expenditures related to dispatch center operation. Capital outlay costs shall be considered a part of the total cost of operation and maintenance of the dispatch system. All capital outlay expenditures shall require recommendation or approval by the Dispatch Oversight Committee prior to expenditure. The County shall administer all funds created by this agreement. D. Equipment Use and Ownership. It is understood by all parties to the Interlocal Agreement that some Direct Dispatch Users may have some of their own communication equipment housed at the Franklin County Public Safety Building or at a joint use facility used by the Dispatch Center. It is understood that acquired or loaned equipment used under a joint use agreement with the Dispatch Center shall be covered for loss and maintained in working order by the Dispatch Center. If such user chooses to remove such equipment or terminate this agreement, County shall be given a 180-day advance written notice of such intent. Under such circumstance it shall be the responsibility of the Dispatch Center to replace such equipment as necessary to assure continuing operation of the Dispatch Center. All capital assets acquired after the effective date of this agreement shall be owned proportionately by all Direct Dispatch Users based on the percentage of the Dispatch Center budget each paid in total user costs. V DURATION A. Duration of Agreement. This agreement shall be effective when signed by the participating jurisdictions. It shall be reviewed annually but will remain in effect until all Dispatch Users who are a party to this agreement have signed a new agreement. B. Termination or Withdrawal.. This agreement shall remain in full force and effect until canceled by the parties hereto. A Dispatch User may terminate its part of the agreement by written notice to the County 90 days before the end of the calendar year, at which time it shall announce the intended removal of its communications equipment at the end of the year. The County shall terminate services to any user if payment of Dispatch User Fees is not received within 90 days after the due dates outlined in this agreement. VI NEW DISPATCH USERS A. Additional Dispatch Users. The addition of Dispatch Users shall be subject to a majority vote of acceptance by the Dispatch Oversight Committee. The Oversight Committee shall recommend the fee to be assessed to the New Dispatch User. Within 60 days following acceptance of an additional Dispatch User, County shall provide a revised schedule of Dispatch User fees and shall credit or refund to Dispatch Users any refund that is due as a result of this action. 2007 INTERLOCAL AGREEMENT FOR EMERGENCY DISPATCH SERVICES Page 6 of 9 VII MODIFICATION A. Modification. Final approval for all modifications to the Interlocal Agreement shall remain with the agency head that is authorized to sign this document. Any clause or provision of this agreement can be modified or renegotiated without the execution of the entire agreement. 2007 INTERLOCAL AGREEMENT FOR EMERGENCY DISPATCH SERVICES Page 7 of 9 DATED at Pasco, Washington this day of , 2006. Attest: Franklin County, Washington, a Municipal Corporation Clerk of the Board of County Chairman, Board of County Commissioners Commissioners of Franklin Co. Franklin County_ Sheriff User Agency Representative City of Pasco User Agency Representative Pasco Police Department User Agency Representative Pasco Fire Department User Agency Representative City of Connell User Agency Representative Connell Police Department User Agency Representative 2007 INTERLOCAL AGREEMENT FOR EMERGENCY DISPATCH SERVICES Page 8 of 9 DATED at Pasco, Washington this day of , 2006. Attest: Franklin County, Washington, a Municipal Corporation Clerk of the Board of County Chairman, Board of County Commissioners Commissioners of Franklin Co. Franklin County Sheriff User Agency Representative City of Pasco User Agency Representative 2007 INTERLOCAL AGREEMENT FOR EMERGENCY DISPATCH SERVICES Page 9 of 9 i ti h C) p >1 N vv °. C4 U o O U c uMi h o a�i r G 6D h Q) O 0 0 C. 0 0 h O a7 0) N 0 OD O to r U') crt O M O 0 0 0 0 0 00 d_ O O O O to CO � h 9 O Q L O O 00 iii) to N a M 6 00 6R N N V O N r„ ti E9 Hi if3 if3 to Lq ll 69 69 69 69 69 M i/3 O O r � CD CL O O LNQ N N m 0 W U m � Cl) � Ip-p FQQ m to 0 6 CO Li r [j �j G 0- 0 cc N LL f!) LL N M d Ly m [N6 - U S D � 69 6 fH CL IL tC w 0 o O m }- C.0 h a 0 ti h 0 0 0 N N N N N � a) U N M C M N N n O � U j U ti N 4) w U a0i _cu LL �_ O 0 O o 0 0 LL o QC _ C _ U U O O � 00 L O "`• U U O '� M O M OO _: (i6 U Q U C C 69 59 69 69 00 69 C X U U ° U U Q Q) CL ° m m °� Lmn o co Q) N M N m �6 O CD ~. Q aa)i Q) a) G chA chD LVn LO O � rn O �n U N U r `-- In LA u7 q 69 r p an d V ti. 60 V3 N O a`ni 0 � c V C) Lt 11 h h N N U �"� U Q fA M M O 6J W c'f •C O V v N N ti ^ h N Y N tt. _ _ G 60 U3 to LL CO n O Lt c h O Z Cl) co a, Cl) to Ln ti -0 6R (Al a o 0 S N co LL co •v 4 N (11 -) y a, �! m N SC Eoaao �, � m 0 Q v m a� o C H Q = 0 LL LL LL LL V LL LT �'.�'.?`,C Q O U p 0 � � D 7 D M - moo N g ) 0 00C U � (n 0 Q o O0 4_ N O = Lt 6 a) co LL Z LL LL LL LL U d LL U Cl- U 2007 Dispatch Fee Schedule Appendix "B" Contract Agencies Contract Fee Pasco Airport Police $ 3,000.00 Franklin Co. Hospital Dist. #1 $ 10,000.00 Franklin Co. F.P.D. #1 $ 3,000.00 Franklin Co. F.P.D. #2 $ 1,500.00 Franklin Co. F.P.D. #3 $ 8,800.00 Franklin Co. F.P.D. #4 $ 1,500.00 Columbia Basin College $ 700.00 Sub-total $ 28,500.00 Direct User Agenicies Base Fee % of Use Usage Fee Total Cost Pasco Police Dept. $ 134,317.00 75.02% $ 323,633.00 $ 457,950.00 Franklin Co. Sheriff $ 134,317.00 17.48% $ 13,936.00 $ 148,253.00 Connell Police Dept. $ 17,922.00 2.73% $ 1,883.00 $ 19,805.00 Pasco Fire Dept. $ 17,922.00 4.77% $ 81,565.00 $ 99,487.00 Contract Agencies $ 17,857.00 $ 10,643.00 $ 28,500.00 Subtotals $ 322,335.00 100.00% $ 431,660.00 $ 753,995.00 Base Fees $ 322,335.00 Useage Fees $ 431,660.00 Total Budget $ 753,995.00 2007 Dispatch Contract Appendix "C" FRANKLIN COUNTY RESOLUTION 2000- BEFORE THE BOARD OF COUNTY COMMISSIONERS. FRANKLIN CO WASHE 'GTON RE: SUPPLEMENTAL AGREEl/IENI' MR FIIVIERGENCY DISPAT H ROES � FOR 2000 BETWEEN FRANKLW C0L% 'Ai-iP THE CITY O A CO FOR .JOINT PURCHASE OF MOBILE DATA COMtiIUNICATIONS IN MODULE FOR CAD LINK CHIEF 0 WHEREAS, Franklin County Resolution Number 99-342 approved the 3000 Interlocal Cooperation Agreement for Emergency Dispatch Service between Franklin County, the Sheriff of Franklin County and "Dispatch Users"; and WHEREAS, the City of Pasco instituted the installation of Mobile Data Communications terminals in its police cares and desires to upgrade the Ievel of services; and WHEREAS, the county also desires utilization of this upgrade for the benefit of the Sheriff Department's patrol units and is best achieved by the joint utilization of this electronic equipment; and WHEREAS, pursuant to R.C.W. 36.01.010 and R.C.W. 36.32.120 the legislative authority of each county is authorized to enter into contracts on behalf of the County and have the care of County property and management of County funds and business; and WHEREAS, the Board of Franklin County Commissioners constitutes the legislative authority of Franklin County and desires to enter into this arrangement as being in the best interest of Franklin County; NOW, THEREFORE, BE IT RESOLVED the Board of County Commissioners hereby approves the attached Supplemental Agreement for Emergency Dispatch Services for 2000 between Franklin County and the City of Pasco for the joint purchase of Mobile Data Communications interface module for CAD link presently operated by the County as part of the Emergency Dispatch Center. APPROVED this 13th day of December, 2000. BOARD OF COUNTY CONLMISSIONERS FRAiNKLLN COUNTY, WASHINGTON A" - -a Sue er, Cha' Attest: Fr Brock, Me ber 5��,f_.,Zoe JA Clerk to e Board eva J. Co , Member Originals: Auditor cc: Dispatch Minutes Prosecutor City of Pasco Sheriff SUPPLEMENTAL AGREE:tiIENT FOR EMERGENCY DISPATCH SERVICES This Supplemental Agreement is entered into this _• _day of Q>rt66er, 2000, between Franklin County (hereinafter referred to as "County") and the City of Pasco (hereinafter referred to as "City") for the purpose of supplementing that Interlocal Cooperation Agreement for Emergency Dispatch Services, dated the I". day of November, 1999, wherein the County and City, together with other dispatch users are parties. In consideration of the mutual promises contained herein, it is agreed as follows: ,SECTION I PURPOSE The City has instituted the installation of Mobile Data Communications terminals . in its police cars, and desires to upgrade the level of services incident to that system to provide for digital dispatch displays and communication which requires the installation of additional electronic hardware to the existing emergency dispatch equipment utilized by the parties under the existing Interlocal Cooperation Agreement for Emergency Dispatch Services, dated November 1, 1999, and the County likewise desires utilization of this upgrade for the benefits of the Sheriff Department's patrol units which is best achieved by the joint utilization of this electronic equipment and its associated software components and to further share the cost of the implementation, maintenance and utilization of this service. SECTION H RESPONSIBILITY OF THE CITY The City shall procure_, deliver and install the Intergraph UMDT interface module and all necessary associated equipment for its integration into the Intergraph CAD link presently operated by the County as part of the Emergency Dispatch Center. The City does hereby sublicense to the County all rights for the use of the software, its update and supplements incident to the interface module. The City grants to the County joint use of the electronic equipment and software incident to the UMDT interface module. SECTION III RESPONSIBILITIES OF THE COUNTY The County shall pay the sum of FORTY FOUR THOUSAND THREE HUNDRED SEVENTY THREE DOLLARS and 00/100 ($44,373.00), plus tax, as-part of their contribution for the purchase of equipment and the operation of the I/MDT interface module. The County shall integrate the VNIDT interface module and its supporting software as a part of the Emergency Dispatch Center providing all additional power, wiring, protection, maintenance and operation for the system. Supplemental Agreement Emergency Dispatch Services Page I of 3 SECTION IV NO ALTERATION OR MODIFICATION OF SYSTEM Neither the Counry nor City shall modify, alter, disconnect, or supplement the system, other than manufacturer's recommendation upgrade, without written prior agreement of the other. Should the parties be unable to agree on any modification, utilization, or operation of the system, the dispute shall be submitted to arbitration. In the event an arbitrator cannot be mutually determined by the parties, each party shall select an arbitrator, and the two selected arbitrators shall select a third arbitrator and hear the dispute as an arbitration panel. Decision of the arbitrator or majority of arbitrators shall be binding upon the parties. SECTION V AFFECT ON INTERLOCAL COOPERATION AGREEMENT FOR EMERGENCY DISPATCH SERVICES Except as specifically supplement by this Agreement, all terms of the Interlocal Cooperation Agreement for Emergency Dispatch Services, dated November 1, 1999, not inconsistent herewith, shall remain in full force and effect. DATED this _A3. �e-G _day of grwber,2000 CITY OF ]?ASCOT FRANKLIN COUNTY: 222 A Michael L. Garri u Sue Miller Mayor Chairman Denis Austin eva J. co4wm. Chief of Police Commissia r ATTEST: Catherine D. Seaman Frank H.Brock Deputy City Clerk Commissioner Supplemental Agreement Emergency Dispatch Services-Page 2 of 3 APPROVED AS TO FORM Leland B. Kerr chard Lathim City,4ttorney Franklin County Z�iff ATTEST: Mary VNhers Clerk to the Board APPROVED AS TO FORM: p,r Steve Lowe Franklin County Prosecutor Supplemental Agreement Emergency Dispatch Services-Page 3 of 3 AGENDA REPORT For City Council Date: 11/06/06 To Gary Crutchfiel ity anag r Workshop Mtg: 11/13/06 From Denis Austin, ief of Polic, Regular Mtg: 11/20/06 Subject 2007 Interlocal Agreement for Correctional Facilities Use I. REFERENCES: A) Proposed Agreement It. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 11/20 MOTION: I move to approve the 2007 Interlocal Agreement with Franklin County for Correctional Facilities Use and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: $1,315,244 IV HISTORY AND FACTS BRIEF: A) The City's 2007 Interlocal Agreement for Correctional Facilities Use is similar to the 2006 contract. The attached tentative agreement represents a consensus of the parties who have worked to develop it. This is the ninth year we have used the formula set forth in the agreement with Franklin County for housing City prisoners in the Franklin County Correctional Facility. B) This agreement provides for an adjusted formula for computing prisoner-lodging costs. This formula assures that the City and Franklin County pay the same cost per prisoner day for housing prisoners. At the same time, it provides a method of adjustment for what has been a disproportionate share of overall bookings by the City in comparison to its percentage of prisoners housed in the Franklin County Corrections Facility. Under the terms of. the proposed Interlocal Agreement, the City will initially pay to the County an estimated prisoner lodging cost. The cost is based on the City's last completed year of lodging prisoners at the jail. It is paid to the County in 12 equal monthly payments. At the completion of the year, the actual prisoner lodging and booking numbers are used to reconcile the payment amount. The County credits overpayments to the City; underpayments are paid to the County within a specified period of time. V. DISCUSSION: A) The $296,161 increase in the 2007 jail budget is due to increases in operational costs, wages and benefits. Pasco's estimated portion of the budget increase is $164,002. B) At the current population level of 168 prisoners per day average, the city's estimated cost for housing prisoners is $50.55 per day. The rate paid by Pasco is much lower than what other cities throughout the state pay to house prisoners. The final cost for housing prisoners is determined by the reconciliation process. VI. OTHER COMMENTS: The Interlocal Agreement for Correctional Facility Use has been written so that it may be renewed from year to year and provides an arbitration process if a dispute over compensation occurs. 3(f) 2007 CITY OF PASCO - FRANKLIN COUNTY CORRECTIONAL FACILITIES USE AGREEMENT This agreement is made and entered into this day of , 2006 by and between Franklin County, a political subdivision of the State of Washington (hereinafter "County") and the City of Pasco, Washington, a municipal corporation (hereinafter"City"). For and in consideration of the considerations, covenants and agreement contained herein the parties agree as follows: 1. PURPOSE The City, desiring to utilize Franklin County Correctional Facilities (hereinafter"Jail") and its personnel and services maintained by the County for the incarceration of City prisoners, in accordance with the Interlocal Cooperation Act (RCW 39.34) and the City and County Jails Act (RCW 70.48), hereby enters into an agreement with the County for use of jail and its personnel and services for confinement of City prisoners. It is the purpose of this agreement to provide for the joint use by the parties of the jail facilities and its personnel and services at.the jail located at the Franklin County Correctional Facilities in the City of Pasco. II. DEFINITIONS A. "City Prisoner" shall mean a person who is booked into the jail pursuant to an arrest, in the City limits of Pasco, by a Pasco Police Officer, for the commission of a misdemeanor. B. "City Prisoner Day" shall mean any portion of a consecutive twenty-four hour period and shall include when a City prisoner is only booked and released, as calculated using the current ULEADS methodology for counting jail days. C. "Average Daily Population" (ADP) is calculated by dividing the total number of prisoner days for all prisoners being held in the jail by the actual number of days in the year. D. "Total Prisoner Days" shall mean the total number of prisoner days for all prisoners housed at the Jail during a specified period of time without regard for the type of program they are being held under such as Trustee, work release, etc., the agency they are being held for, or the criminal charges they are being held on. E. "Jail Budget" for the purpose of this agreement shall not exceed $3,014,196 for the initial term of this agreement and shall only include the following expenses: 1. Budget accounting and reporting system (BARS) line items. a. Personnel and line items assigned to the 2007 Franklin County Corrections Budget#540: $2,680,432. b. Personnel and line items assigned to the 2007 Franklin County Jail Kitchen Budget#550. $263,264. Interlocal Agreement for Correctional Facilities Use- Page 1 2. That portion of the 2007 Franklin County Jail Support Services Budget: a. $24,500 (14.5%) of the Franklin County Auditor's Office Budget specifically identified as a jail expense. b. $7,450 of the Franklin County Information Services Budget specifically identified as a jail expense. c. $3,300 (48%) of the Franklin County Civil Service Budget that is specifically identified as a jail expense. F. "Intake Processing Cost" shall mean that portion of the jail expenditure budget attributable to the wages and benefits of those personnel assigned to the prisoner intake function. For year 2007 the intake processing cost will not exceed $270,000 and will increase in subsequent years only by actual increases to wages and benefits for the respective personnel through their collective bargaining agreement. III. AVAILABILITY OF JAIL FACILITIES The jail facilities and its personnel and services shall be available, on a space available basis, for confinement of City prisoners held upon arrest, awaiting trial, and serving sentences or jail terms. IV. COMPENSATION FROM CITY The City shall pay the County as total compensation for its provision of jail facilities and personnel as specified herein: A. Jail Budget. The proposed jail budget for any renewal term of this agreement shall be established and provided to each agency housing prisoners at the jail by no later than third Monday in August of the current contract year. This will allow time for review and the filing of a request for binding arbitration (RCW 39.34) if compensation amount cannot be agreed on. B. Budget Approval. For the purposes of calculating prisoner day costs for the current calendar year, the total jail budget shall not exceed the budget approved by Franklin County Commissioners in December of the preceding year (December 2006 for 2007 Budget). C. Preliminary Estimation and Payment of Jail Costs. The City shall remit a monthly payment representing the City's estimated share of jail costs, determined as follows: 1. The estimated jail costs for the respective calendar year will be calculated by dividing the prospective jail budget (2007) by the total prisoner days recorded for the most recent complete calendar year (2005). The product of this process represents the daily prisoner lodging cost and will be multiplied by the total number of prisoner days charged to the City for the most recent complete calendar year (2005). This product will represent the estimated annual prisoner lodging cost for the prospective year (2007). Interlocal Agreement for Correctional Facilities Use - Page 2 2. The prospective (2007) intake processing costs ($270,000) will be multiplied by the difference between the following percentages and the product will represent the estimated intake processing cost adjustment: a. Cit y p risoner days as a percent of total prisoner days for the most recent complete calendar year (2005). b. Number of City bookings as a percent of total Jail bookings for the most recent complete calendar year (2005). 3. Not later than January 1S' of prospective calendar year (2007), the estimated annual prisoner lodging cost and the estimated intake processing cost adjustment will be added and the sum divided by 12; the resulting figure will constitute the monthly estimated jail cost to be paid by the City not later than the last day of each month of the prospective calendar year. The Sheriff shall have the right to formally request reduced monthly payment amounts thus assuring against a large credit owing to the City during the Reconciliation Process outlined below. Jail Costs Estimation Formula Jail budget I total prisoner days from prior complete year = Prisoner day rate. Prisoner day rate X City's prisoner days = Estimated Prisoner lodging cost City's percent of total bookings minus City's percent of total prisoner population X Percent of booking cost to be paid for intake processing cost Prisoner lodging cost plus intake processing= Estimated annual City Jail cost Estimated annual City Jail cost/ 12 = Monthly payment of estimated City Jail cost D. Reconciliation Process. Not later than February 1" of each calendar year the actual prisoner days experienced in the preceding calendar year will be applied to the formula used for estimated jail cost (below), provided the total annual prisoner days attributed to the jail shall not be less than 38,326 (representing an average of 106 prisoners per day). The resulting annual cost will be compared to the estimated annual cost actually paid by the City. Any amount due the County by the City will be paid within 30 days of invoice to the City. Any amount due the City by the County will be credited in the March billing. 2007 Reconciliation Formula 2007 Jail budget($3,014,196)I total 2007 prisoner days = 2007 Prisoner day rate 2007 Prisoner day rate X City's 2007 prisoner days = Actual 2007 Prisoner lodging cost City's percent of total bookings minus City's percent of total prisoner population X Percent of$270,000 to be paid for intake processing cost 2007 Actual Prisoner lodging cost plus intake processing = 2007 Actual City Jail cost V. PAYMENT The City agrees to pay the County, by the 15'h of each calendar month, the amount pre calculated using the formula outlined in Section IV.C, above. The County agrees to credit overpayments by the end of March of the following year (or in subsequent months) interlocal Agreement for Correctional Facilities Use - Page 3 until total reimbursement has been completed. The City agrees to pay shortages, billed by February 15th, by the 15th of March. VI. MEDICAL COSTS AND TREATMENT A. The County shall have the right to refuse to accept a City prisoner who, at the time of delivery to the jail for confinement, is in need of medical attention until the City has made arrangements satisfactory to the County for such medical attention. B. The County will provide medical services for all prisoners within the jail in accordance with the rovisions of WAC 289-20-1 p 2a C. In the event a prisoner requires medication or medical or dental treatment r o care not available in the health care program within the jail, provided by the County, the City shall be responsible as follows: 1. With respect to City prisoners, the City will be responsible for all medication and all such medical or dental treatment or care to the extent such costs are not paid by the prisoner, insurance, public assistance or other sources. 2. With respect to those prisoners who are not City prisoners, as defined in Section II.A, but who are confined on the basis of charges initiated by City police officers, the City shall reimburse the County for the cost of medication and such medical or dental treatment or care provided to the prisoner prior to disposition of the charges by sentencing or otherwise to the extent that the cost is not paid by the prisoner, insurance, public assistance or other sources. D. The County agrees to use reasonable efforts to obtain reimbursement from the prisoner, insurance, public assistance or other sources, of such costs of medication, medical/dental treatment or care. The County shall, except in cases of emergency which prevent the County from obtaining City authorization, obtain advance authorization from the Chief of Police or his designee whenever a prisoner, for whom the costs of medication, medical/dental treatment or care is the responsibility of the City pursuant to this agreement requires such medication or medical or dental treatment or care. The City agrees to provide to the County, when requested, written verification of any authorization of, or refusal to authorize care or treatment for City prisoner. E. The County shall, subject to the City's authorization required by Section VI.D, have the authority to make arrangement for medication, medical/dental treatment or care not available in the health care program within the jail. F. It is agreed by the parties that the County shall have the authority to determine the existence of emergencies requiring medication, medical/dental treatment or care without the advance authorization from the City specified in Section VI.E. G. The County shall be responsible for all medical expenses due to injuries incurred during the course of a prisoner's incarceration caused by the negligent or intentional act of the County. lnterlocal Agreement for Correctional Facilities Use Page 4 VII. TRANSPORTATION OF PRISONERS The City shall be responsible for all transportation of City prisoners to and from Franklin County Correctional facilities, excepting to and from Pasco Municipal Court at the Public Safety Building and the Franklin County Correctional facilities. VIII. TRANSFER OF CUSTODY City police officers delivering persons to the jail for confinement shall provide the receiving officer of the jail with an arrest warrant, citation, court order, other documentation or a completed detention request form satisfactory to the receiving officer which indicates the legal basis for confinement of the person and in the absence of such documentation the receiving officer may refuse to accept the person for confinement. A. City police officers delivering persons to the jail for confinement shall remain in the immediate presence of such persons, shall be responsible for such person and shall be considered to have such person in their sole custody until the jail receiving officer has accepted documentation for such person's confinement and physical custody of that person and has indicated that the delivering officer may leave. At such time, and only at such time, will the County have assumed custody of and responsibility for the person to be confined. B. City prisoners shall be subject to all applicable rules, regulations and standards governing the operation and security of the jail. All City officers delivering persons to the County jail shall comply with those rules, regulations and standards. IX. ACCESS TO PRISONERS City police officers and investigators shall have the right to interview prisoners at any reasonable time within the jail. City police officers shall be afforded equal priority for use of jail interview rooms with other departments, including Franklin County Sheriffs Department. X. POSTING OF BAIL The County shall serve as agent for the City in receipt of bail bonds or moneys posted for City prisoners only during those hours the courthouse is closed for business. XI. WORK RELEASE In the event that it is desired that a City prisoner participate in the jail Work Release program, City prisoners shall be treated exactly as County prisoners and shall be entitled to participate in the Work Release program solely on a space available basis. XII. CITY PRISONER City Prisoner shall be released from the jail only: A. Upon the authorized, written request of the City police; or Interlocal Agreement for Correctional Facilities Use- Page 5 B. By order of the Court having jurisdiction of a City prisoner and the matter for which such prisoner being confined; or C. For appearance by the prisoner in the Court having jurisdiction of such prisoner; or D. In compliance with a valid Writ of Habeas Corpus; or E. For necessary medical or dental treatment or care not available within the jail; or F. When the prisoner has completed service of the sentence, the charge pending against the prisoner has been dismissed, or bail or other satisfactory recognizance has been posted, as required by the Court. XIII. RECORD KEEPING The County, based on consultation with the City's Chief of Police, agrees to maintain a system of record keeping relative to the booking and confinement of each City prisoner in such a style and manner as is equivalent to the County's records pertaining to its prisoners under the current IILEADS system. The County shall, within 5 days of the conclusion of each month during the term of this agreement, provide the City with copies of its reports including monthly total prisoner days and City prisoner days including year- to-date total prisoner days and City prisoner days. XIV. INDEMNIFICATION A. The City shall indemnify and hold harmless the County and its officers, agents and employees from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever resulting from, arising out of, or incident to any act or omission of the City, its officers, agents, or employees in the performance of this agreement or in arresting, detaining, charging, transporting, interrogating or otherwise dealing with persons either before or after presentation to and acceptance by the County for confinement in the Jail. In the event that any suit based upon such a claim, action, loss, cost, expense, or damage is brought against the County, the City shall defend the County at its sole cost and expense; provided that the County retains the right to participate in any such suit if any principle of governmental or public law is involved. If final judgment is entered against the County, or its officers, agents, or employees, the City shall satisfy the same in full. B. The County shall indemnify and hold harmless the City and its officers, agents and employees, from and against any and all claims, actions, suits, liability, loss, cost, expenses and damages of any nature whatsoever resulting from, arising out of or incident to, any act or omission of the County, its officers, agents or employees in the performance of this agreement or in confining persons who have been presented by the City to and accepted by the County for confinement in the jail while said persons are in the jail or in the custody of the County outside the jail. In the event that any suit based on such a claim, action, loss, cost, expense, or damage is brought against the City, the County shall defend the City at its sole cost and expense; provided that the City retains the right to participate in such suit if any Interlocal Agreement for Correctional Facilities Use- Page 6 principle of governmental or public law is involved. If final judgment is rendered against the City, or its officers, agents, or employees, the County shall satisfy the same in full. XV. NON-DISCRIMINATION POLICY It is the policy of Franklin County that no person shall be subjected to discrimination in the County or by its subcontractors because of race, color, national origin, sex, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental, or sensory handicap. The City shall execute in writing, an assurance that it will comply with the County's Non- discrimination Policy and provide a copy to the County upon execution of the agreement. XVI. AUTHORITY A. This agreement shall become effective upon the approval of the Franklin County Board of Commissioners and the City Council of the City of Pasco, Washington in a manner authorized by law. B. As provided in Section XVII below, the Jail shall be administered by the Franklin County Sheriff and no separate legal or administrative entity is created for the purposes of this agreement. For the purposes of RCW 39.34.030, the Franklin County Sheriff is designated as the administrator responsible for administering this cooperative undertaking. Unless otherwise specifically agreed in writing, any real or personal property acquired, held, or utilized by the parties hereto shall remain the property of the acquiring party subject to full rights of reassignment and disposal. C. Nothing in this agreement shall preclude the City from creating, maintaining, operating or utilizing its own holding and other facilities for City prisoners. XVII. ADMINISTRATION This agreement shall be administered by the Franklin County Sheriff. XVIII. REMEDIES No waiver of any right under this agreement shall be effective unless made in writing by the authorized representative of the party to be bound thereby. Failure to insist upon full performance on any occasion shall not constitute consent to, or waiver of, any continuation of nonperformance or any later nonperformance, nor does payment of a billing or continued performance after notice of a deficiency in performance constitute an acquiescence thereto. XIX. DURATION The term of this agreement shall commence on January 1, 2007 and terminate at midnight, December 31, 2007 (hereinafter referred to as the original term). This agreement shall be automatically renewed for successive one (1) year terms (hereinafter referred to as renewal terms) in accordance with the same terms and conditions as provided herein, however, either party may terminate this agreement at the conclusion of Interlocal Agreement for Correctional Facilities Use- Page 7 the original term or any renewal term by providing the other and the office of the Department of Corrections with written notice of its intent to terminate at least 90 days prior to the conclusion of that term as required by RCW 70.48.090(1). XX. MODIFICATION Final approval for all modifications to the interlocal agreement shall be by the mutual written consent of both parties. XXI. TERMINATION AS BY AGREEMENT In addition to the method of termination by non-renewals provided in Section XIX above, this agreement may be terminated at any time by written agreement of the parties thereto. XXII. DISPUTE RESOLUTION Should any dispute arise concerning the interpretation, enforcement, breach, or default of this agreement, (excluding compensation issues which will be handled as provided for by RCW 39.34) dispute resolution shall be by arbitration located in Pasco, Washington. Arbitration shall be conducted by a mutually agreed arbitrator, however, if the parties are unable to agree on an arbitrator, arbitration shall be by tri-partite arbitration with each party selecting an arbitrator, and the chosen arbitrators selecting the third arbitrator. Arbitration shall be conducted in conformity with the rules established by the American Arbitration Association. Interlocal Agreement for Correctional Facilities Use- Page 8 III I DATED this day of , 2006. City of Pasco: Franklin County: Joyce Olsen Frank Brock Mayor Commissioner ATTEST: I Sandy Kenworthy Neva Corkrum Deputy City Clerk Commissioner APPROVED AS TO FORM: Leland B. Kerr Robert Koch City Attorney Commissioner Richard Lathim Franklin County Sheriff APPROVED AS TO FORM: Ryan Verhulp Chief Civil Deputy Prosecuting Attomey Interlocal Agreement for Correctional Facilities Use - Page 9 AGENDA REPORT FOR: City Council October 23,2006 TO: . Gary Crutchfitive anager Workshop Mtg.: 11/13/06 Regular Mtg.:'l 1/20/06 FROM: Stan Strebel, and Community Services Director SUBJECT: Transfer of Surplus Property to the US Department of Energy. I. REFERENCE(S): A. Memo from Captain Ken Roske, Pasco Police Department B: Proposed Resolution C. Service Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 11/13: Discussion 11/20: MOTION: I move to approve Resolution No. authorizing the transfer of personal property surplus to City needs. Iii. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) State statute (RCW 39.33.010) authorizes governmental units to transfer real or personal property to other governmental units. B) The Police Department has three surplus vehicles that are of little value to the City but which could be useful to the United States Department of Energy at its Richland Operations office which is operated by Fluor Hanford, its agent. In exchange for the transfer of the vehicles, Flour will provide the Pasco Police Department with training time credit in the amount of$18,000 at the Emergency . Operation Vehicle Course (EVOC), also operated by Flour C) Staff recommends a no cost transfer of the equipment. The attached resolution will serve to document and authorize the transfer. 3(9) MEMORANDUM PASCO POLICE DEPARTMENT Field Operations Division TO: Debbie Clark, City Clerk FROM: Captain Ken Roske SUBJECT: Surplus Police Vehicles DATE: September 20, 2006 The below listed police vehicles have been removed from service as of April 2006. They have been replaced with newer model patrol cars. The value of the below vehicles are approximately $1,500 each. I would request that they be added to the surplus equipment list and not shown as city inventory. POL-PTR-2153 2001 FORD CROWN 2FAFP7]W81X165434 29747D POLICE VICTORIA POL-PTR-2155 2001 FORD CROWN 2FAFP71 W51 X 165441 29749D POLICE VICTORIA POL-PTR-2157 2001 FORD CROWN 2FAFP71W71X165439 33001D POLICE VICTORIA I RESOLUTION NO. A RESOLUTION authorizing the transfer of personal property surplus to City needs. WHEREAS,there are certain items of personal property surplus to City needs; and WHEREAS, said property can be used by the United States Department of Energy through Fluor Hanford its agent; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: SECTION 1: The items of personal property listed below are declared surplus property and city staff is authorized to transfer such property to the United States Department of Energy without cost: 2001 Ford Crown Victoria 2FAFP71 W81X165434 License No. 29747D 2001 Ford Crown Victoria 2FAFP71 W51X165441 License No. 29749D 2001 Ford Crown Victoria 2FAFP71 W71X165439 License No. 33001D SECTION 2: The City Manager is hereby authorized to execute.the Service Agreement with Flour Hanford, Inc., acting as agent for the U. S. Department of Energy, Richland Operations Office, which memorializes the terms of the property transfer, and is attached and incorporated herein by this reference. PASSED by the City Council of the City of Pasco this day of November, 2006. Joyce Olson, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Lee Kerr, City Attorney SERVICE AGREEMENT This Agreement is effective this day of 2006,by and between Fluor Hanford, Inc. (FH), acting as agent for the U.S. Department of Energy, Richland Operations Office (RL), located in Benton County, Washington, and the City of Pasco (COP), an incorporated municipality in Franklin County,Washington. Recitals WHEREAS, COP has three police vehicles identified in Exhibit"A"that have been declared excess; and WHEREAS, FH is a prime contractor to the U.S. Department of Energy and operates an Emergency Operations Vehicle Course (EVOC) at Hanford Patrol Training Academy north of Richland, Washington; and WHEREAS, FH, acting on behalf of RL, desires to maximize the use of pit cars for EVOC training; and WHEREAS, COP desires to transfer title to said police vehicles to RL as an intergovernmental transfer for use as additional pit cars in consideration for a credit of$18,000 for use by COP police officers at the Hanford Patrol Training Academy for EVOC training at the rate of$150 for each PIT car used per day;and WHEREAS, FH desires to accept said transfer of police vehicles on behalf of RL and is amendable to giving COP police officers a credit if$18,000 for use on the EVOC. NOW THEREFORE, in consideration of the premises, mutual promises, and covenants contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are mutually acknowledged, the Parties agree as follows: 1. Deliverables. COP shall deliver the vehicles described in Exhibit"A"to the Hanford Patrol Training Academy in operating condition,with all equipment intact except high value police accessories previously removed, and with executed State of Washington Motor Vehicle titles assigned to RL. 2. Compensation. No cash exchange will accompany this transfer. However, FH shall give COP police officers use of EVOC pit cars up to the amount of credit established. 3. Term. This Agreement shall expire when the credit of$18,000 has been exhausted through utilization of the EVOC pit cars by COP. However,title to said police vehicles shall remain vested in RL. 4. Assignments. FH may assign this Agreement to a subsequent Hanford contractor for the U.S. Department of Energy at its discretion with notice to COP. 1 5. Warran COP makes no warranty as to the condition of the police vehicles described in Exhibit"A," and FH will defend and hold COP harmless for operation of said police vehicles as pit cars in the EVOC facility that FH manages and operates. 6. _Applicable Law. This Agreement is made in Washington State and will be construed under the laws of said state. 7. Complete Agreement. This Agreement and the executed titles for the vehicles described in Exhibit"A" constitute the entire agreement between FH and COP and supersede any prior oral or written agreements. Any modifications, amendments, or deletions to this Agreement shall be of no effect unless in writing jointly executed by the Parties. The United States Department of Energy by CITY OF PASCO Fluor Hanford its agent By: By: Henry Hermanas,Director Prime Contracts and Contract Compliance Printed Name, Title 2 EXHIBIT "A" Donated Vehicles #57 — Blue 2001 Crown Victoria, Mileage 78,767, Vin # 2FAFP71W71X165439 #55 — Blue 2001 Crown Victoria, Mileage 72,251, Vin # 2FAFP71W51X165441 #53 —Blue 2001 Crown Victoria, Mileage 65,370, Vin # 2FAFP71 W81X165434 AGENDA REPORT NO. 103 FOR: City Council Date: 11-07-06 TO: Gary Crutchfie Manager Workshop: 11/ 13/06 Regular: 11/20/06 FROM: Richard J. Smit , Director f9 Community & Economic Development SUBJECT: Purchase of 2607 W. Brown St 1. REFERENCE(SL A. Location Map B. Vacant Land Purchase and Sale Agreement C. Assignment II. ACTION REQUESTED OF COUNCIL%STAFF RECOMMENDATIONS: 11/ 13/06 Discussion 11/20/06 Regular: MOTION: I move to approve the purchase of.real property located at 2607 W Brown Street and authorize the City Manager to execute all documents necessary to effect the purchase. III. FISCAL IMPACT: $150,000 IV. HISTORY AND FACTS BRIEF: A. For the past several months the . City has been working with business owners to improve access from Court Street to 28th Avenue, the location of automobile and recreational vehicle dealerships. B. The road needs to be widened in order to better accommodate the turning radius of large trucks used to haul vehicles and of RV's seeking to enter the area for service. V. DISCUSSION: A. In acquiring real property, the City has found it to be advantageous to use intermediaries who can assign this purchase and sale agreement to the City. To effect the sale the City Manager would execute an assignment of purchaser's interest. B. The agreed upon sale price of the property is $150,000 which is in line with an appraisal prepared for the property. At the request of the seller, closing will occur in early 2007 (preferred for seller's tax considerations). 3(h) IK - 7 Err - - sr 3 # �tbE<� M3 - t � 13tJ$ r � IA V �. & 'AN _ AMU `" � � � t s § �' 4✓dT 45" jr 4Y ¢ j p4 F N x { „S •� 1 1 � }i 125p t-p �_ ��;�i ��c 3m�, ''�' . ji n ri s, t a s :c r , I sr w I , 4y IV � & x 1 1— No: EBM-144206 2 L13 RESIDENTIAL PURCHASE and SALE AGREEMENT n 3 O� THIS CONTRACT CONTROLS THE TERMS OF THE SALE OF THE PROPERTY rouuxa DANC 4 (Please read carefully before signing) DMRTUNrTY 5 Kennewick Washington, October 2 2446 6 1 AGENCY DISCLOSURE: At the signing of this Agreement,the Selling Agent(insert name of selling agent) E_ A. 'Rusty' Morse III g [ Coldhrell Banker Adams represented ® Buyer,❑ Seller, ❑ Both 9 parties, ❑ Neither party and the Listing Agent(insert name of listing agent) NCA 15 _ /A represented ❑ Seller,❑ Both Parties. Buyer and Seller both confirm 11 that prior oral andlor written disclosure of agency was provided to each of them in this transaction. If Selling Agent and Listing Agent are different 12 licensees affiliated with the same broker, then both parties consent to that broker acting as a dual agent. if Selling Agent and Listing Agent are the 13 same person representing both parties, then both parties confirm their consent to that agent and hislher broker acting as dual agents. Both parties 14 acknowledge receipt of a copy of the pamphlet entiged'The Law of Real Estate Agency.' 15 1. PARTIES:This RESIDENTIAL PURCHASE and SALE AGREEMENT('Agreement")is made between Ercy a. Morse I3:3 A licensed Real 16 Estate Broker as"Buyer',and Randall F. Rupp, a married man 17 as'Seller.Buyer agrees to purchase Sellers 18 property on the following terms and conditions. t9 2. PROPERTY:Common Address 260 W. Brown Street 20 City: Pasco County:Frank)a.n State of Washington, 21 Zip: 99301 (Tax Parcel Number) 119-342-104 22 Legal Description: Lot 12 Block 1 Sunny Acres, Plats of Pasco, WA 23 24 ❑ If Legal Description is not attached at final acceptance of this Agreement, Buyer shag have three (3) business days after receiving the Legal 25 Description to approve the Legal Description as accurately reflecting the Property which the parties intend to be the subject of this Agreement. 26 Failure to give written disapproval shall be deemed to be approval 27 3. PURCHASE PRICFJFINANCING:The Purchase Price is($ one Hundred Fifty Thousand ($150000) Dollars ),payable as follows: 28 © All cash at closing(not conditioned on Buyer obtaining a loan). 29 ❑ Proceeds of Buyer Financing(attach a Financing Addendum). 30 ❑ Other(attach a Method of Payment Addendum). 31 Buyer Representation: Buyer represents that Buyer has sufficient funds available to close this sale in accordance with this Agreement, and is 32 not relying on any contingent source of funds unless otherwise set forth in this Agreement. ! 33 4. EARNEST MONEY:The amount of Earnest Money is:($ one Thousand 1000 I Daiams. Selling Agent acknowledges receipt of 34 Earnest Money from Buyer in the form of ❑ a check for$ ❑ cash of$ 3S note for$ one thousand,t 1004} ,due as slat n the note(co y a ache ) !or ❑ Other$ 36 in the form of: These funds shall be deposited into the ❑ selling broker's 37 trust account or x to be credited to Buyer at dosing. Selling Licensee shall deposit any 38 check to be held by Selling Broker, or deliver any Earnest Money to bq Closing Agent within three days of receipt or mutual acceptance, 39 whichever occurs later. The parties instruct Closing Agent to . 1) pro a wn en verification of receipt of the Earnest Money and notice of 40 dishonor of any check to the parties and licensees at the addresses andlor x numbers provided herein; and 2) commence an interpleader 41 action in the Superior Court for the county in which the Property is located within 30 days of a party's demand for the Earnest Money unless the 42 parties agree otherwise in writing. 43 5_ ADDITIONAL CONTINGENCIES:This Agreement is contingent on: 44 ❑ The sale of Buyer's property(attach Sale of Buyer's Property Contingency Addendum). 45 ® Inspections(attach Inspection Contingency Addendum). 46 13 Other. see sf�ns�uta 47 6. CONVEYANCE OF TITLE:Conveyance of fee title shall be by© statutory warranty deed ❑ other. 48 (statutory warranty deed if not filled in). 49 Buyer and Seller understand that the form of the deed may affect significant legal rights as to which a real estate licensee is not licensed to give 50 advice. If this Agreement provides for the sale and transfer of the vendee's interest under an existing real estate contract, Seiler shall convey 51 Seller's interest by an assignment of contract and deed sufficient in form to convey after acquired title. 52 7. CLOSING: Closing shall be within ten (10) days after satisfaction or waiver of all contingencies and 'subject to's but not earlier than 53 Nove fiber 1, 2006 ,nor later than December 1, 2006 ,the latest of which shall be the termination date of 54 this Agreement. Closing shall mean the date on which all documents are recorded and the net sales proceeds are available for disbursement to 55 Seller. Buyer and Seller shall deposit, when notified and without delay, in escrow with the closing agent all instruments, monies, and other 56 documents reasonably required to complete the closing of the transaction in accordance with the terms of this Agreement. 57 S. POSSESSION: Buyer shall take physical possession of the Property (and all existing keys to locks and alarms, and ble control 58 devices for accessing the Property): 59 N on closing❑ other(specify) 60 61 62 Seller shall maintain the property in its current condition until Buyer takes possession; ❑ Attach Disclosure and Agreement Regarding Damage to Property After Closing 63 9. ESCROWICLOSING COSTS:Closing shall occur at ,who shall act as 64 the escrowiclosing agent unless the parties agree in writing otherwise. Unless limited by law or modified by the terms of this Agreement, Buyer 65 and Seiler shall pay at closing all customary and usual closing costs and fees, including but not limited to the following: Seller shall pay the 96 Seller's excise tax, the cost of the owner's standard form of title insurance, recording fees, and Seller's half share Of escrow fees (unless Buyer 67 obtains VA financing in which case Seller shall pay all escrow fees); Buyer shall pay all costs and fees associated with the financing, any other 68 costs agreed to under the terns of this Agreement, and Buyer's half share of the escrow fees (unless prohibited by govemment regulation). fig Taxes for the current year, rents, trite ssociation or homeowner's fees, if any, shall be pro rat as of the date of dosing. Except as i Buyer's Initials Seller's Initials CO RIGHT WASHINGTON ASSOCIATION OF REALTORS®,FORM At("S) Pagel of 4 Caldwell Banker Adams Realty 8836 Gage Blvd,Ste. 10113 Tr-Cities,WA 99208 Phone;(509)737-3021 302 Fax: (509)735-2478 Rusty Morse W.Brown Produced with ZipForm—by RE FormsNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035 www-zil?form.com Na. F-AM-7.00206 70 described in Paragraph 10(b) of this Agreement, all utility, charges shall be paid andlor pro-rated outside escrow directly between Buyer and 71 Seller. 72 10. SELLER'S DISCLOSURE AND REPRESENTATIONS: If Buyer has any questions regarding the following, Buyer should make Buyer's offer 73 subject to relevant inspections and reports. 74 (a) Utilities: The Seller represents that the Property is served by the following utilities:® public water, ❑ private/community water system, 75 ❑ well(specify type) ❑ irrigation water provided by 76 ❑ septic system, 0 natural gas, 0 telephone, 11 cable TV, IR electricity, ® sewer, 77 ❑ other 78 (b) Governmental Utilities: Pursuant to RCW 60.80, Buyer and Seller 0 do request 1K do not request (if neither box is checked, then 'do 79 request' applies.) the escrowlclosing agent to administer the disbursement of closing funds necessary to satisfy unpaid utility charges so affecting the Property. Seller represents that the Property is served by the fallowing utilities operated by the state, county, city or other of governmental agencies which have iien rights against the Property. The parties authorize the Listing Agent or the Selling Agent to insert, 62 over their signatures,the name and addresses of the following utility providers: 83 Name of Provider Address Name of Provider Address 84 ❑ Sewer ❑ Electricity _ i 85 86 ❑ Storm Water ❑ Garbage 87 Drainage as ❑ water ❑ Irrigation 89 90 ❑ Special Districts 91 (LID'S and ULID's) 92 Seller will pay for all utilities through the date of closing and keep all utilitiesiservices presently connected until closing or occupancy by the 93 Buyer,whichever is sooner,except: 94 95 Shares in light andlor water companies and associations, if any, [XI will ❑ will not be included in the saie. if the Property is served by a septic 96 system,Seller ExI wil ❑ will not have the septic tank purnped prior to closing. If the Property is served by a septic system, Seller 1] will ❑ will 97 not provide a septic system inspection report from the controlling regulatory authority, or a private inspector approved by the controlling 98 regulatory authority. If the Property is served by an individual private well, Seller © will ❑ will not provide a basic water test (bacteriological 99 test) of well water, ® will ❑ will not provide a quantity test,and Seller ® will ❑ will not provide an additional water test (primary inorganic 100 chemical test) of well water which meets State Department of Health Services standards. If Buyer wishes any additional type of water test, 101 Buyer should make such request in an addendum attached to this Agreement. 10z (c) Leased Fixtures: The following fixtures presently are leased. ❑ furnace, ❑ gas conversion burner, ❑ hot water heater, ❑ soft water unit, 103 ❑ securitylfire alarm system, ❑ propane tanks, ® other Seller to disclose i f__=y. .Buyer ❑ does® does not agree 104 to assume such lease(s) at closing. If Buyer does not agree to assume such teases, or if Buyer cannot assume such leases because of the 105 requirements of the lessor or a lender providing financing, then❑ Buyer ® Seller shall purchase such fixtures and they shall be included in 106 this sale. 107 (d) Property Maintenance: Seller will perform ordinary maintenance on the Property and yard as presently exists until dosing or as otherwise 108 agreed.Seller will remove all of Seller's personal property,trash,debris,and all articles not agreed to be left at closing. 109 (e) BoundarieslSquare Footage: Seller makes no representations regarding the locations or length of the boundary lines, size of lot, or the 110 square footage of the house and other improvements. Buyer has personally observed the property and has reached Buyers own 111 conclusions as to the adequacy and acceptability of the Property based upon such personal inspection. 112 (f) Lead-Based Paint: if the Property includes a house built before 1978, then the addendum entitled "Disclosure of Information on Lead- 113 Based Paint and Lead-Based Paint Hazards'most be attached to this Agreement. 114 11. SELLERS LEAD•BASED PAINT DISCLOSURE: If Seller is required to provide Buyer a 'Disclosure of information on Lead-Based Paint and 115 Lead-Based Paint Hazards', and has not done so prior to mutual execution of this Agreement, then Buyer shall have the unconditional right to 116 terminate this Agreement for three days following Buyer's receipt of the Disclosure. in addition, Buyer shall have ten days following receipt of 117 the Disclosure to conduct an inspection for lead-based paint hazards. 118 12. INCLUDED ITEMS: Al fixtures and fittings that are attached to the Property are included, free of liens, in the purchase price including, plumbing 119 and light fixtures and bulbs (except Floor, standing, and swag lamps), attached television antenna, satellite dish and equipment, all attached floor 120 coverings, trees, plants and shrubs in the yard, built-in appliances, shades, blinds, curtain rods, window treatments, bathroom fixtures, awnings, 121 attached heating and cowling systems, attached irrigation equipment, screens, shutters, storm windows, screen doors, fireplace inserts, 122 attached fireplace screens, electric garage door openers, wall to wall carpeting, gas logs and lighters, and all oil or other fuel on hand at the time 123 of possession and, 124 125 except 126 13 TITLE: 127 (a) Title insurance to be Issued by: Frontier Title Comany 128 Title insurance provided at closing shall be M Standard Title insurance ❑ Extended Title Insurance. (If no box is checked, Standard Title 129 insurance shall be provided.) Seller will pay the cost of Standard Title Insurance. If Buyer requires Extended Title Insurance, Buyer agrees 130 to pay ail costs in excess of those charged for the standard form including, without limitation, increased premiums and survey costs. If a 131 survey is required, Buyer shall order the survey within three (3) business days of receiving notice from the title company that a survey is 132 required and Buyer shall pay the estimated cost of the survey prior to performance of any survey work or Buyer can waive requirement for 133 an extended policy and accept standard title insurance. 134 (b) Title Insurance Commitment: Within five (5) days of mutual acceptance, Seller shall arrange for the ❑ Listing Agent or ® Closing Agent, at 135 Seller's expense, to apply for a preliminary commitment ('Commf menV) for an ALTA form Owner's policy of title insurance ('Policy") as 136 described in subparagraph (a) above, with homeowner's additional protection and inflation protection endorsements, if available at no 137 additional charge,to be issued by the above title company.Seller shall pay He insurance cancellation fees. 138 (c) Extended Title Insurance: Buyer acknowledges that the coverage afforded by a standard form policy of title insurance provides limited or 139 no coverage for loss by reason of conflicts in boundary lines, shortage in area, encroachments, or any other matters which an accurate Buyer's Initi Seller's Initials 9 — — COP HT WASHINGTDN ASSOCIATION OF REALTORS®,FOR1i At(4105) Page 2 of 4 Produced with ZipForml'by RE FormsNet,LLC 18025 Fifteen Mlle Road,Clinton Township,Michigan 48035 www2iofgrm.com W.Brown No. EAM-100206 t48 survey would disclose. More extensive coverage through an extended policy of title insurance may be available for an additional charge 141 and subject to additional requirements imposed by the fide company including a survey. 142 (d) Tilde Insurance Exceptlans and Exclusions: The tide policy shall contain no exceptions to or exclusions from coverage other than those 143 generally provided in the specified tide policy form and those which are consistent with subparagraph (e) below. If tide cannot be made so 144 insurable by dosing, and if Buyer does not elect to waive any exceptions to coverage which are not consistent with this subparagraph and 145 subparagraph(e)below,this Agreement shall terminate at Buyer's option. 146 (e) Condl6on of Title: Unless otherwise specified in this Agreement, title to the Property at dosing shall be free of all encumbrances and 47 defects provided that presently recorded reservations, covenants, conditions and restrictions, easements and existing building or Zoning 148 regulations or restrictions, reserved oil and/or mining rights, and rights reserved in federal patents or state deeds which do riot interfere with 149 Buyer's intended use of the Property shall not be considered encumbrances or defects. Monetary obligations not assumed by Buyer shall 150 be paid from Settee's funds at closing. 151 14. ASSIGNMENT:Buyer may not assign Buyer's interest in this Agreement without Seller's prior written consent. 152 15, DEFAULTITERMINATiON. If this Agreement is terminated for any reason, any costs authorized under this Agreement to be advanced from the 153 eamest money deposit shalt be deducted before the remaining earnest money is refunded to the Buyer or forfeited to Seller. If a dispute should 154 arise regarding the disbursement of any eamest money, the party holding the eamest money shad interplead the funds into court, pursuant to 155 Paragraph 4 of this agreement, and that party shall recover all costs and attomey fees associated with the interpleader action from the eamest. 156 money efore other disbursements are made. Furthermore, 9 either Buyer or Seller defaults the non-defautti a Y �Y Y n9 p may seek specific party Y P 157 performance or damages,except that the Seller's remedy shall be limited as follows if the box below has been checked. 158 ® In the event the Buyer fails, without legal excuse, to complete the purchase of the property, the earnest money deposit made by the 159 Buyer shall be forfeited to the Seller as the sole and exclusive remedy available to the Seller for such failure. Furthermore, If the 160 earnest money deposited exceeds five percent (5%) of the sale price, Seller may retain as liquidated damages and as Seller's sole 161 remedy earnest money equaling only rive percent (5°Jo) of the purchase price; any additional earnest money shall be refunded to 162 Buyer. If the earnest money is forfeited as liquidated damages, the money shall be divided fifty percent (50%) to Seiler, twenty-five 163 percent (25%) to the listing broker, and twenty-five percent (25%) to the selling broker provided, however, that the amount paid to the 164 real estate brokers shall not exceed the agreed brokerage fee. 165 16. ATTORNEYS FEESiCOSTS AND MEDIATION: If the Buyer, Seller, or any real estate licensee or broker involved in this transaction is involved 166 In any dispute relating to this transaction, any prevailing party shall recover reasonable attorney's fees and costs (including those for appeals) 167 which relate to the dispute. In the event of a dispute, it is recommended (but not required) that the parties engage in mediation in an effort to 168 resolve the dispute without the need for a lawsuit The Washington Association of REALTORS@ does offer a mediation service. For 169 information,call 1.800-562-6024. 174 17. FIRPTA COMPLIANCE: If Buyer does not intend to use the property as a principal residence, or if the purchase price exceeds $300,000.00, this 171 sale may be subject to the withholding and reporting requirements of the Foreign Investment in Real Property Tax Act (FIRPTA), unless Seller 172 furnishes to Buyer an affidavit of non-foreign status.Seller and Buyer agree to comply with FIRPTA,if applicable. 173 18. CASUALTY/LOSS: If, prior to dosing, the Property or improvements on the Property are destroyed or materially damaged by fire or other 174 casualty,Buyer may elect to terminate this Agreement,and the earnest money shall be refunded to Buyer. 175 19. COMPUTATION OF TIME: Unless specked otherwise herein, any periods of time referenced in this Agreement shall start on the day following 176 the event commencing the period and shall expire at 9:00 p.m. (Pacific Time Zone) of the last calendar day of the specified time period, unless 177 the last day is a Saturday, Sunday, or legal holiday as prescribed in RCW 1.16.050, in which event the specified period of time shall expire at 178 9:00 p.m.(Pacific Time Zone)on the next business day. Any specified period of three(3)days or less shall include business days only. 179 20. PROFESSIONAL ADVICE: Buyer and Seller each acknowledge that It is advisable to have the terms and conditions of this Agreement reviewed ISO by independent legal counsel and/or a tax advisor, as the terms and conditions affect the parties' rights and may have tax implications. Each 181 party is specifically aware that issues such as form of deed used for conveyance, agency representation, financing documents, liquidated 182 damages, title insurance and seller representations are complicated and that the parties may require advice that a real estate licensee is not 163 licensed to give and for which parties should contact their own attorney or accountant Furthermore, Buyer and Seller agree that: (a) they 194 are not relying on any representations or advice by the real estate licensees involved in this transaction; and, (b) they have satisfied themselves 185 as to the terms and conditions of this sale. 186 21. GENERAL PROVISIONS: 187 (a) Notices: Unless otherwise specified in this Agreement, any notice required or given under the terms of this Agreement must be written. 188 Receipt of any notice shall be defined as the earlier cif: three (3) business days following the postmark date; or the date the notice is 189 actually received by the party or at the office of the Listing Agent for Seller and Selling Agent for Buyer regardless of the agency 190 relationships involved. For the purposes of this Agreement, receipt by the appropriate agent (as set forth above) of a copy of a Real 191 Property Transfer Disclosure Statement, Condominium Public Offering Statement and Condominium Resale Certificate or any other 192 documents related thereto, as applicable, shall constitute receipt by the party. Seller must keep the Listing Agent advised of the Seller's 193 whereabouts, and Buyer must keep the Selling Agent advised of Buyer's whereabouts, The Listing Agent's responsibility to the Seller and 194 the Selling Agents responsibility to the Buyer for delivery of notices is limited to calling the party and if the party is not available by phone, 195 mailing the notice to the party's last known address. 196 (b) Faxes and Counterparts: Facsimile transmission of any signed original document, and retransmission of any signed facsimile 197 transmission shad be the same as delivery of an original. At the request of either party, or the closing agent, the parties will confirm 198 facsimile transmitted signatures by signing an original document.This Agreement may be signed in counterparts. 199 (c) int ration: There are no verbal agreements or understandings which modify this Agreement. This Agreement constitutes the full 200 un erstanding between Buyer and Seller. 201 (d) Ti is of the Essence:Time is of the essence as to all terms and conditions of this Agreement 202 (e) Hotne Protection Plan: Buyer and Selier have been informed that home protection plans may be available. These plans . may provide 203 additional protection and benefit to Seller or Buyer.Cost of coverage may vary. 204 (f) Backup Offers: Buyer is aware that during the term of this Agreement, Seller may continue to market the Property and solicit and accept 205 backup offers. 206 (g} Venue/Applicable Law, This Agreement shad be interpreted and construed according to the laws of the state of Washington; venue shall 207 be in the county in which the Property is located. 208 (h} Survival: All terms of this Agreement, which are not satisfied or waived prior to closing, shall survive closing. These terms shall include, 209 but be limited to,representations and warranties,attorney's fees and costs,disclaimers,repairs,rents and utif ies,etc. 210 22. ADDITIONAL TERMS AND CONDITIONS:a wa3_,vas its ricrht to a Leaci—based Pain is 1n ur Buyer's ini" Seller's Initials COPY IET WASHINGTON ASSOCWTION OF REALTORS®,FORM At(4105) Page 3 of 4 Produ wtM ZipForm m by RE FonasNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035 www.zipform.com W.Brown No. EA4-100206 zl1 212 213 23, ADDENDAIATTACHMENTS:At the time of Buyer's offer,the following addendalattachments are part of this Agreement Snsprrr,nn A den y,m 214 f A •06a S 1 er'a nin lnn=& rgrm, WAR D-,rte and AArlsanAumjAg` n ^ nt EAM01 215 Buyer and Seller may only amend this Agreement by mutual written consent 216 217 24. AGREEMENT TO PURCHASE: Buyer offers to purchase the Properly on the above terms and conditions. Buyer hereby acknowledges receipt 219 of a Copy of this Agreement.Seller shall have until 6:00 [1 a.m. 1® p.m., October 6 , 2006 to 219 accept this offer unless sooner withdrawn by delivering a signed copy to Buyer or Selling Agent's office. Acceptance shall not be effective unfit a 229 signed copy hereof is actually recety r o at the office of the Selling Agent. 221 222 223 Associate Broker[ Qol dell Banker Adams 224 Buye s Signature icy a. Mors III Date Selling Broker(Name) 225 226 V. A 'Rusty' Morse III 227 Buyer's Signa re A licensed Real Estate Broker Date Selling Agent's(Name) Date 229 229 (509)547-3441 239 Buyers Phone(worky(home) Selling Agent's Phone(work)/(home) 231 232 (5091737-3070 _ 233 Selling Agents FAX Number 234 235 Po Box 293 Pasco WA 99301 236 Buyer's Address (City,State,Zip) 237 25. SELLER'S ACCEPTANCE: Subject to Seller's counteroffer or modifications, if any, Seller agrees to sell the Property on the terms and 238 conditions specified herein, Upon Buyer's and Seller's mutual acceptance of terms, Seiler confirms by. signing this Purchase and Sale 239 Agreement that the Listing Agent has performed Listing Agents obligations to Seller by procuring a buyer, and has eamed the compensation Y40 described in the listing agreement referenced by MLS number N/A .Seller confirms that Broker(s)is entitled to collect 241 Broker's compensation directly from the fscrow agent at closing from proceeds of the safe. Seller acknowledges receipt of a copy of this 242 Purchase and Sale Agf ement, gned Ki both parties. ❑ Selier`s Counteroffer or modifications are made a part of this Agreement Buyer shall 243 have until a.mJ P. unless sooner withdrawn within which to accept 244 same.Acceptance sh, t be effe ' e u i signed copy hereof is actuall receta by Seller or at the office of the Listing Agent. 245 6 - -i0 N/A 246 247 Seller's Signature Ball Rupp, a married man Date Listing Broker(Name) 248 249 N/A 250 Seller's Signature Date Listing Agents(Name) Date 251 252 253 (Seller's Name Printed) Listing Agents Phone(work)1(home) 254 255 (5091628-1620 256 Seller's Phone(worky(home) Listing Agent's FAX Number 257 259 176 ranichwocd Street Richland, WA 9k352 259 Seller's Address (City,State,Zip) 260 261 262 Mortgagee's Name Seller's Loan Number 263 264 265 Mortgagee's Phone Number Mortgagee's Address 266 267 There are additional m es on this property. 268 26. BUYER'S RECEIPT:A copy of the f ng signed by Seller,is hereby received oh: 269 270 271 272 Buyer JGcy Oise II Buyer A licensed Real Estate Broker Buyers Initials Seller's Initials COPYR HT WASHINGTON ASSOCIATION OF REALTORS@,FORM Al(4105} Page 4 of 4 Produced with ZipFormTM by RE FarmsNet,LLC 18025 Fdteen Mlle Road,Clinton Township,Michigan 48035 www.zioform.cam W_Brown 1 ADDENDUM/AMENDMENT NPORTUNITY 2 3 Purchase and Sale Agreement No. EAM-100206 4 Addendum No. EAM01 5 5 THIS ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT {"Addendum"} is entered into 7 this 2nd day of October ,2006 between Ercy A. Morse III a married man ("Buyer")and 8 _ Randall F Rump, a married man ("Seller") and modifies and 9 supplements that certain Purchase and sale Agreement between the Buyer and the Seller dated 10 October 2, 2006 for property located at 2607 W. Brown Street i 1 ("Agreement"). 12 13 IT IS AGREED BETWEEN THE BUYER AND SELLER AS FOLLOWS: 14 This offer is subject to and contingent upon approval by the City Council of Pasco, 15 WA of the purchase of the Property, as set forth in this Aareement,within 30-days of 16 mutual acceptance hereof. 17 18 NO Brokerage Fee is due or payable by- Seller to Selling Broker. 19 20 The Bu yer is a licensed Real Estate Broker in the State of Washington. The A regiment 21 is to be assigned to another party Prior. to closing. Seller consents to such 22 assicInment. 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Note: This Addendum supersedes any conflicting terms in the Agreement, and all other terms of the Agreement 39 which have not been modified or superseded by this Addendum are ratified and shall remain in full farce and effect. 40 41 42 43 SELLER BUYER: 44 45 46 Randall Rupp, a married man Er a. r III, married man 47 48 A licensed Real Estate Broker 49 DATE: ye DATE.- October 2, 2006 50 51 PREPARED BY: 52 53 E. A. 'Rusty' Morse Associate Broker / Coldwell Banker -Adams Realty COPYRIGHT WASHINGTON ASSOCIATION OF REALTORS&11199,Form A-4 Page.1 of 1 Coldwell Bantry Adams Realty 8836 Gage Blvd,Ste.101B Tr-Cities,WA 99208 Phone:(509)737-3021 302 Fax: (509)735-2478 Rusty Morse W.Brown Produced with bfformTM by RE FonnsNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035 www.aoform.com Purchase and Sale Agreement No.EAM-10 0 2 0 6 Addendum No.EAM-100206a 1 INSPECTION ADDENDUM TO PURCHASE & SALE AGREEMENT 2 3 The following is part of the Purchase and Sale Agreement dated October 2 2006 4 5 between Ercy a Morse III , A licensed Real Estate Broker 6 7 and Randall F. Rupp, a married man {"Seller ) 8 9 concerning 2647 W. Brown Street Pasco WA 99301 ("the Property") 10 11 1. IM INSPECTION CONTINGENCY. The above Agreement is conditioned on Buyer's personal approval of a written inspection 12 of the Property and the improvements on the Property. Buyer's inspection may include, at Buyer's option, the structural, 13 mechanical, and general condition of the improvements to the Property, an inspection of the Property for hazardous 14 materials, a pest inspection, and a soils/stability inspection. 15 16 All inspections are to be(a)ordered by Buyer, (b) performed by an inspector of Buyer's choice and (c)completed at Buyer's 17 expense. Buyer shall not after the Property or any improvements on the Property without first obtaining Seller's permission. 18 Buyer is solely responsible for interviewing and selecting all inspectors. Buyer shall restore the Property and all 19 improvements on the Property to the same condition they were in prior to inspection_ Buyer shall be responsible for all 20 damages resulting from any inspection of the Property performed on Buyer's behalf. When the terms and conditions of this 21 Inspection Addendum have been satisfied, then this Addendum shall be deleted from and no longer a part of the 22 Agreement. 23 24 Buyer waives the right to receive an amended Real Property Transfer Disclosure Statement pursuant to RCW 64.06 based 25 on conditions identified in any inspection or inspection report(s). 26 27 Oil Storage Tanks. Any inspection regarding oil storage tanks or contamination from such tanks shall be limited solely to 28 determining the presence or non-presence of oil storage tanks on the Property, unless otherwise agreed in writing by Buyer 29 and Seiler. 30 31 Corrections. If Seller agrees to correct the condition(s) identified by Buyer, then it shall be accomplished at Seller's 32 expense in a commercially reasonable manner prior to the Closing Date. In the case of hazardous materials, "correction" 33 means removal or treatment (including but not limited to removal or, at Seller's option, decommissioning of any oil storage 34 tanks) of the hazardous materials at Seller's expense as recommended by and under the direction of a licensed hazardous 35 material engineer or other expert selected by Seller. Seller's corrections are subject to reinspection and approval, prior to 36 Closing, by the inspector who prepared Buyer's inspection report,if Buyer elects to order and pay for such reinspection. 37 38 Additional Inspections. If the inspector hired by Buyer recommends further evaluation of any item by a specialist, Buyer 39 shall have an additional ten business days(5 days if not filled in)to obtain further evaluation by a specialist.Any 40 further evaluation constitutes an inspection under this Addendum, and all of the terms and conditions of this Addendum shall 41 apply. On or before the end of the initial inspection period, Buyer shall provide a copy of the inspector's recommendation 42 and notice that Buyer will seek additional inspections by specialists as recommended by the inspector_ If Buyer gives timely 43 notice requesting additional inspections, the time for providing notice of disapproval of the initial inspection shall be 44 extended to the time for providing notice of disapproval of the additional inspection. The time for conducting additional 45 inspections shall commence on the date Buyer gives notice under this paragraph, and it shall be determined as set forth in 46 the Computation of Time paragraph of the Agreement. 47 48 Check option 1A or 1 B to determine the authority Buyer will have to terminate the transaction following inspection: 49 50 ® OPTION 1A Automatic Waiver if Buyer Does Not Disapprove Inspection. 51 52 This inspection contingency SMALL CONCLUSIVELY BE DEEMED SATISFIED (WAIVED) unless Buyer gives notice 53 of disapproval of the inspection report within thirty (30) _ days(10 days if not filled in) after mutual 54 acceptance of this Agreement. Buyer may disapprove the inspection for any reason in Buyer's sole discretion. If 55 Buyer gives a timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be 56 refunded to Buyer. 57 58 59 Requests For Modification. Buyer acknowledges that this contingency shall be conclusively deemed satisfied if 60 Buyer does not terminate the Agreement within the time period provided in the preceding paragraph. Buyer may 61 choose to request that Seiler make repairs but such requests shall not extend the contingency period. If Seller d es COPYRIGHT WASHINGTON ASSOCIATION OF REALTORS®10105 FORM A-6 PAGE t OF 2 Coldwell Banker Adams Realty 8836 Gage Blvd,Ste.101B Tr-Cities,WA 99208 -AV Phone:(509)737-3021 302 Fax: (509)735-2478 Rusty Morse �.Brown Produced with ZpForm T by RE FomuNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035 www ziaform.G4m Purchase and Sale Agreement No.EAM-100206 Addendum ND.EAM-100206a 62 not reply before the end of the contingency period specified in the preceding paragraph, then Buyer must either 63 terminate the Agreement within the contingency period specified in the preceding paragraph or waive the right to do 64 s0. 65 OR 66 67 ❑ OPTION 1 B Seller's Opportunity to Repair if Buyer Disapproves of Inspection. 68 69 Buyer's Notice of Disapproval. This inspection contingency SHALL CONCLUSIVELY BE DEEMED SATISFIED 70 (WAIVED) unless Buyer gives notice of disapproval within N/A days (10 days if not filled in)of 71 mutual acceptance of this Agreement. The notice of disapproval must (a) identify the conditions to which the Buyer 72 objects and (b) be accompanied by a copy of the portion(s) of a written, professional inspection report that identifies 73 the conditions tD which the Buyer objects. Buyer may request repairs or modifications to the Property or other 74 remedies, including adjustments to the purchase price or credits for repairs to be performed after closing. 75 76 Seller's Response To Request For Modification. If Buyer disapproves the inspection report then Seller shall have 77 N/A days(3 days if not filled in)after receipt of Buyer's disapproval notice to give notice that Seiler(a) will 78 correct all the conditions identified in Buyer's notice, (b) offers an alternative remedy for the disapproved conditions, 79 or(c)will not make the repairs. 80 81 In lieu of repair by Seller, the parties may mutually agree on any other remedy for the disapproved conditions, 82 including, but not limited to, cash payments from Seller to Buyer or adjustments in the Purchase Price, If such an 83 agreement on non-repair remedies is secured in writing before the expiration of the time period provided for Seller's 84 response,then this Inspection Contingency shall be deemed satisfied. 85 86 Buyer's Reply. If the Seller does not give notice that the Seller will correct all the condition(s) identified by Buyer or 87 if the parties have not secured a written agreement for alternative remedies, then Buyer may elect to give notice of 88 termination of this Agreement within N/A days (3 days if not filled in) after expiration of the time limit for Seller's 89 Response, or three days after receipt of Seller's Response,whichever first occurs. The Earnest Money shall then be 90 refunded to the Buyer and the parties shall have no further obligations to each other. Requests for modification or 91 Buyer's"conditional approval"of the inspection report do not eliminate the need for Buyer to give an explicit notice of 92 termination to terminate this Agreement. 93 94 2. ❑ WAIVER OF INSPECTION. Buyer has been advised to obtain a professional building, hazardous substances, mold, pest or 95 soils/stabiiity inspection, and to condition the closing of this transaction on the results of such inspection(s), but Buyer elects 96 to waive the right and buy the Property in its present condition. Buyer acknowledges that the decision to waive Buyer's 97 inspection options was based on Buyer's personal inspection and Buyer has not relied on representations by Seller, Listing 98 Agent or Selling Licensee. 99 100 1 ❑ NEIGHBORHOOD REVIEW. Buyer's inspection includes Buyer's verification in Buyer's sole discretion that the conditions 101 of the neighborhood in which the Property is located are consistent with Buyer's intended use of the Property (the 102 "Neighborhood Review'). The Neighborhood Review includes Buyer's investigation of the schools, proximity to bus lines, 103 availability of shopping, traffic patterns, noise, parking, and investigation of other neighborhood, environmental and safety 104 conditions the Buyer may determine to be relevant in deciding to purchase the Property. if Buyer does not give notice of 105 disapproval of the Neighborhood Review within N/A days(3 days if got filled in) of mutual acceptance of 106 this Agreement then this NpighlFbillood Review condition shall conclusively be deeme atisfied (waived). 107 `/ 10$ initials: BUYER: S� e,r.pATE: 10/02/2006 SELLER: DATE: 109 110 BUYER: DATE: SELLER: DATE: 111 112 113 114 COPYRIGHT WASHINGTON ASSOCIATION OF REALTORSO 10105 FORM A-6 PAGE 2 OF 2 Produced with ZipFormTM by RE FortnsNet LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035 www.Ziqfofm.ggrn W.Brown ADDENDUMIAMENDMENT 2 3 Purchase and Sale Agreement No. EAM-100206 4 Addendum No. EAM 02 5 6 THIS ADDENDUIWAMENDMENT TO PURCHASE AND SALE AGREEMENT("Addendum') is entered into 7 this 20th day of October ,2006 between Ercy A. Morse III, a married man ('Buyer")and 8 Randall F. Rupp, a married man ("Seller") and modifies and 9 supplements that certain Purchase and sale Agreement between the Buyer and the Seller dated 10 October 2, 2006 for property located at 2607 W. Brown Street 11 ("Agreement"). 12 13 IT IS AGREED BETWEEN THE BUYER AND SELLER AS FOLLOWS: 14 The Inspection Contingency period and the Approval Contingency period (by City Council 15 of Pasco)shall be extended to November 22, 2006. 16 17 Closing shall be no sooner than January 2, 2007 and no later than January 5, 2007. 19 All other terms shall remain as written. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 . 34 35 36 37 38 Note: This Addendum supersedes any conflicting terms in the Agreement, and all other terms of the Agreement 39 which have not been modified or superseded by this Addendum are ratified and shall remain in full force and effect. 40 41 42 43 SEL R: BUYER: 44 45 46 Randa11 F. Rupp, a married man Ercy a. rse III, rried man 47 48 / A licensed Real Estate Broker 49 DATE: ,�G`?^Zb� 'Cp DATE: October 20, 2006 50 51 PREPARED BY: 52 53 E. A. 'Rustyl Morse, Associate Broker Caldwell Banker -Adams Realty COPYRIGHT WASHINGTON ASSOCIATION OF REALTORS®11199, Form A-4 Page 1 of 1 Coldwell Banker Adams Realty 8836 Gage Blvd,Ste. 101B Tr-Cities,WA 99208 Phone:(509)737-3021 302 Fax (509)735-2478 Rusty Morse W.Brown Produced with ZipForm""by RE FormsNet,LLC 16025 Fifteen Mile Road,Clinton Township,Michigan 48035 w_v{wziotorm.com Nov 07 06 03:58p E. A. Rusty Morse, CCIM 509-737-3070 p.2 W.A.R.Faum Na.D-6 - � 0 CapyngM 7994 PSMLA Fonn No.17 dew, Wmhngtan Aasodalien d REALTO'zW Ray,1"4 °' °-'°" ALL RIGH7SRESERVED Pagd1&GPage$ REAL PROPERTY TRANSFER DISCLOSURE STATEMENTt - t Tone used in transfers of residential real property, including multi-gamily dwellings up to four units; new construction; condominiums not 1 subject to a public offering statement,and certa_n timeshares. See RCW 64.06 for further explanations. 2 INSTRUCTIONS TO THE SELLER 3 Please complete the following form_ Do ncL leave any spaces btanL If the question clearly does not apply to the property write "NA". If the 4 answer is"yes"to anv asterisked(*)item(s),please explain or,attached sheets. Please refer to the line number(s)of the quesrion(s)when you 5 provide your explanation(s). For your protection you m.tst date and initial each page of this disclosure statement and each atmchmenL Delivery o of the disclosure statement must occur no_later than five days of mutual acceptance of a written purchase and sale agreement between 31iyer 7 and Seller unless Buyer and Seller agree othenvise, e NOTICE TO THE BUYER 9 THE FOLLOWING DISCLOSUR ARE 141_AI3E BY THE SELLER(S), CONCERNING THE COND TION OF TH1 PROPERTY LO- 10 CATED AT ��� .� 1 ��Ct 1lf�.r CITY„_,l°? CCJ COUNTY ,��r� r t.0 11 ("THE PROPERTY") LEGALLY DESCRIBED ON ATTACHED EXHIBIT A. DISCLOSURES CONTAINED IN THIS FORM ARE 12 PROVIDED BY THE SELLER ON THE BASIS.OF SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME THIS '3 DISCLOSURE FORM IS COMPLETED BY THE SELLER YOU HAVE THREE(3)BUSINESS DAYS(UNLESS BUYER AND SELLER. -.4 AGREE OTHERWISE)FROM THE SELLER'S DELIVERY OF THIS SELLER'S DISCLOSURE STATEMENTTO REVOKE YOUCOFFER 5 BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF REVOCATION TO THE SELLER, L.TILESS YOU WAIVE 16 THIS RIGHT AT OR PRIOR TO ENTERING INTO A PURCHASE AND SALE AGREEMENT. 17 THE FOLLOWING ARE DISCLOSURES MADE BY THE SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE 19 LICENSEE OR OTHER PARTY THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY 18 WRITTEN AGREEMENT BETWEEN THE BUYER AND THE SELLER. 20 FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO 21 OBTAIN AND PAY FOR THE SERVICES OF A QUALIFIED SPECI.ALIST TO INSPECT THE PROPERTY ON YOUR BEHALF,FOR 22 EXAMPLE,ARCHITECTS, ENGINEERS, LAND SURVEYORS,PLUMBERS,ELECTRICIANS,ROOFERS, BUILDING INSPECTORS, 23 OR PEST AND DRY ROT INSPECTORS. THE PROSPECTIVE BUYER AND THE OwTER MAY WISH TO OBTAIN PROFESSIONAL 24 ADVICE OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BE- 25 TWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION, DEFECTS OR WARRANTIES_ 26 Seller O is/jQ is not occupying the property. 27 L SELLER'S DISCLOSURES: 28 * If you answer"Yes"to a question with an asterisk{�),then attach a copy or explain. If necessary. use an attached sheet. 29 1- TrrLE 50 YES NO DON'T 31 KNOW 32 .A. Do you have legal authority to se',1 the property? A C C 33 *B. Is title to the property subject to any of the following? 34 (l) First right of refusal ❑ rt ❑ 35 (2) Option O $� ❑ 36 (3) Lease or rental agreement O ' ❑ 57 (4) Life estate O ' ❑ 38 *C. Are there any encroachments,boundary agreements,or boundary disputes? O C 39 *D. Are there any rights of way,easements,or access limitations that may affect the 0 C ` 40 owner's use of the property? 41 "E. Are there any written agreements for joint maintenance of an easement or right of way? C7 14 42 *F. Is there any swdy,survey project, or notice that would adversely affect the property" ❑ C �' 43 *G. Are there any pending or existing assessments against the property? D ❑ 44 *H. Are there any inning violations,nonconforming uses,or any unusual restrictions on the ❑ C � 45 subject property that would affect fuzurc construction or remodeling? 46 f' SELLER'S INITIAL: DATE: �r �Y SELLEWS IN IT]AL: DATE. BROKER'S 1ST(,nqQ( Nov 07 06 03;59p E. A, Rusty Morse, CCIM 509-737-3070 p.3 W.A.R.Form No.0.5 �Copyright7986 NWML5 Form No.17 NorlhwesltMu tip e Ls"Games Rev,7196 ALL RIGHTS RESERVED Page 2 of 5 Pages _ YES NO DON'T 47 KNOW 48 *I_ is there a boundary su-vay for the property? ❑ ❑ 49 *J. Ara there any covenants, con6tions, or restrictions which affect the property? ❑ ❑ 50 2. WATER 51 A. Househod Water 52 (1) The source of the water is 2(Pubhc ❑ Community O Private 0 Shared 53 (2) Water source information. 54 *a. Are there any written agreements for shared water source? O ❑ 55 *'i. is there an easement (recorded or unrecorded) for access to and/or maintenance of ❑ © 56 the water source'.' 57 *c. Are any known problems or repairs neeced? ❑ ❑ -All 58 *d. Does the source provide an adequate year round supply of potable water? C� ❑ ❑ 59 *(3)Arc there any water treatment systems for the property? ❑ Leased ❑ Owned ❑` ❑ so B. Irrigat'.on 61 (1) Are there any water rights for the property? O � O 62 *(2)It they exist, to your knowledge, have the water rights been used during the last ❑ Q 63 five-year period? 64 *(3)If so, is the certifcate available? ❑ Ar ❑ S5 C_ Outdoor Sprinkler Sys-cm 66 (1) Is there an outdoor sprinkler system for the property? ❑ ❑ � 67 *(2j Are there any defects in the outdoor sprinkler system? ❑ ❑ j 66 3. SEWERISEPTIC TANK SYSTFM 1 69 A. The property is served by: 70 14 blic sewer main ❑ Se7tie tank system ❑ Other disposal system 71 (describe) 72 B. If the property is served by a public or community sewer main, is the house connected _4� ❑ ❑ 73 to the main? 74 C. Is the property eurrcnt:y subject to a sewer capacity charge? ❑ D / 75 D. If the property is connecred :o a septic _ank =ystem: \ 76 (1)Was a permit issued for its construction, and was it approved by the city or county {7 ❑ 77 following its construction? 78 (2)When was it last pumped? 19 79 *(3)Are there any defects in Lhe operation o"the septic tank system,? i] ] 80 (4)When was it last inspected? 19 ❑ 81 By whom: 82 (5)How many bedruvms was the septic tank system approved for? _bedrooms ❑ 83 *E. Are any plumbing fixtures, including laundry drain, not connected to the septic tank/sewer ❑ ❑ 84 system? 85 If not explain: 86 *F_ Are you aware of ar_y changes or repairs to the septic tank system? ❑ ❑ 87 G_ Is the septic tank system, including the drainiield, located entirely within the boundaries of ❑ ❑ 88 ;he property? 89 4. STRUCTURAL 90 -A. Elas the roof leaked? ❑ Ll 31 I r yes. has i t been re ed? ❑ ❑ O 92 P SELLER'S INITIAL: DATE: Z SELLER'S INITIAL: DATE: 92 Nov 07 06 03:59p E. A, Rusty Morse, CCIM 509-737-3070 p.4 Q Copyright 1996 WA.P-Form No.0-5 Non-westWitiplaListeq Service NWAALS Form No.17 ALLFuGHTSRESEM'FD Rev.7196 p ags 3 of 5 po ses Y>Js NO noni'r sa ICNOW 95 *l3. Have there been any conversions, additions or remodeling? p ❑ 96 •(I if yes. were al[ bLildina Permits obtained? ❑ 97 *(2;Ifyes, ."re all final inspections obtained? ❑ ❑ 96 C- Do you know the age cf:he house? if yes.year of original © � ❑ 99 construction: 100 'D- Do you know of any settling. slippage, or sliding of either the house or other structures/ ❑ 101 ❑ improvements located on the property" If yes, explain: 102 'E. Do you know of any defects with the fallowing: (Please check applicable items) O ❑ 103 O Foundations ❑ Decks C3 Exterior Walls 104 ❑ Chimneys ❑ lnterior WaJIS ❑ Fire Alarms 105 ❑ Doors ❑ Windows ❑ Patios 100 ❑ CeiliRRS ❑ Slab Floors ❑ Driveways 107 ❑ Pools` ❑ Hot Tub ❑ Sauna 108 ❑ Sidewalks ❑ Outbuildings O Fireplaces 109 ❑ Garage Floors ❑ Walkways ❑ Wood Stoves 115 ❑ Other 111 *F. Was a pest or dry rot. structural or"whole house" inspection done? When and by O � ❑ 112 whom was the inspection completed? 113 114 *G. Since assuming ownership, itias your property had a problem with wood destroying O ❑ 115 organisms and/or have there been any problems with pest controi, infestations, or vermin? 116 5. SYSTEMS AND FIXTURES 117 If the following systems or fixtures are included with the transfer,do they haye any existing 118 defects: 119 '°A. Electrical System, including,wiring, switches, outlets,and service ❑ ❑ 120 *B. Plumbing system, including pipes, feucets, fixtures, and toilets ❑ ❑ 121 *C, Hot water tank ❑ ❑ 122 *D. Garbage disposal ❑ ❑ �j 'z3 'E- ,appliances ❑ ❑ / 1,24 r *F. Sump pump ❑ �'C O 125 •G. Heating and cooling systems ❑ ❑ 1�( 126 *H. Security system ❑ Leased ❑ Owned ❑ ld� ❑ 127 *1_ Other 123 6. COMMON INTEREST 129 A. Is there a Home Owners' Association'? ❑ A Cl 130 Name of Association 131 B. Are there regular periodic assessments? Cl LI 132 $ per ❑ month Q years s. 133 ❑ Other 134 *C. Are there any pending special assessments? O ❑ 135 *D. Are there any shared "conmon arras" or any joint maintenance agreements (facilities O ❑ 130" such as walls, fences, landscapin , pools, tennis courts, walkways, or other areas 137 g 138 co-owned in undivided interest wiLh others)? SELLER'S INITIAL: I DATE: ��% 3 SELLER'S INITIAL: DATE: 139 Nov 07_66-0-3-59P E. A. Rusty Morse, CCIM 509-737-3070 p.5 W.A.R.Form No.O-5 ZCopynght 1996 "VMLS Farm No.17 NWhwestMu pe LislingSa+ Rey.7I9E ALLRIGHTS RE SERVED Page aorsPages YES NO DON'T 340 KNOW 141 7. GENERAL 142 *A. Is there any settling.soil, standing water, or drainage problems on the property? ❑ ❑ 143 *B. Does the proper:f captain fill material? ❑ Cl 144 *C. is there any material danagc to the property of any of the structure: from Eire, wind,floods, ❑ ❑ 145 beach movements, earthquake, expansive soils. or landslides? 146 D. Is the property in a designated flood plain? D ❑ 147 E. Has the local (city or county planning agency designated your property as a D } Cl tag `.frequently flooded area"? ✓ \ 149 *F. are there any substances, materials, or products that may boe an environmental hazard such ❑ Q 150 as, bit not limited to, asbestos, formaldehyde, radon gas, lead-based pain[, fuel or chemical 151 storage tanks, and contaminated soil or water oo the subject property? 152 ;G. Are there any tanks or underground storage tanks (e.g., chemical, fuel, etc.) on the ❑ ❑ 153 property? "�� 154 *H. Has the property ever?ten used as an illegal drug manufacturing sire? ❑ ❑ 155 S_ PLEAD BASED PAINT(Applicable iPtbe house was built before 1978.) '56 A. enee of lead-based paint anti/or lead-based paint hazards (cheer a below): 57 ❑ Kno lead-based paint andror lead-based paint hazar re present in the housing 156 (explain). 159 I 160 ❑ Seller has no knowledge cad-bas paint and/or lead-based paint hazards in the housing �. .+ 161 c S. Records and reports available t e Se fcheck one below): ' i � j t,�/Z��� � 162 ❑ Seller has provided purchaser with all axle records and reports pertaining to 163 lead-based p i andior lead-based paint hazards t e housing (list documents below). 164 165 166 Seller has no reports or records I pertmining to lead-used paint and�or lead- °d pain[hazards 167 in the housing. 168 9. FULL DISCLOSURE BY SELLERS 168 A. Other conditions or defects: 170 *Are there any other material defects affecting this propery or its value that a prospective Q ,, ❑ 171 buyer should know about? 172 B. Verit'carion 173 The foregoing answers and attached explanations(i=any)arc complete and correct to the best of Seller's knowledge and Seilcr has 174 r-cceived a copy hereof. Scaler agrees to defend, indemnify and hold real estate licensees harrnless from and against.any and all 175 claims that'hc above informarion is inaccurate. Sel'er authorizes real estate licensees, if any, to deliver a copy of this disclosure 176 statement to other real estate licensees and all prospective buyer of the Pront=y. 177 / Date: i' / T r]G(� Date: 178 r Seller: Seller: 179 f SELLER'S[NITEAL: DATE: / `�'S� SELLER'S INITIAL. DATE: 180 d Rcantt���c �.¢;rt�av Nov 07 06 03:59p E. A. Rusty Morse, CCIM 509-737-3070 p.6 W.A.R.Farm No.0-5 0 Copyri�M 1996 Natlwm" edpb Uslkg S—`* !AWOL$krm H*•17 aLf REGHrSRLSERVEG Rev. 7195 Page 9 of S pagan II. BUYER'S ACKNOWLEDGEMENT 181 A. Buyer acknowledges the duty to pay diligent attention to any material defects.which are known to Buyer or can be known to Buyer 182 by utilizing diligent attention and observation" 183 B. Buyer acknowledges and understands that the disclosures set forth in this statement and in any amendments to this statement are 184 made only by the Seller and not by any rm[estate licensee or other party. Buyer acknowledges that, pursuant to RCW 64.06.050 185 (2)4 real estate licensees are not liable for inaccurate information provided by Seller, except to the eXtent that real estate Iicensees 186 know of such inaccurate information. This information is for disclosure only and is nor intended to be a part of the written 187 agreement between Buyer and Seller. 188 C. Buyer(which terra includes all persons signing the"Buyer's acceptance"portion of this disclosure statement below)hereby acknow- 189 ledges receipt of a copy of ti'iis disclosure statement(including attachments, it any) bearing Seller's signature(s). 190 D. If the house was built prior to 1978. Buyer ackno%vled€es receipt of the pan,phler Prorecr Your Fami,y From Lead in Yvur Home. 191 DISCLOSURES CONTAINED (N TI-113 FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER'S ACTUAL KNOW- 192 LEDGE OF"HE PROPERTY AT THE TIME OF DISC'.OSURE" YOU, THE BUYER, HAVE THREE (3)BUSINESS DAYS(UNLESS 193 OTHERWISE AGREED) FROM THE SELLER'S DELIVERY OF THIS SELLER'S DISCLOSURE STATEMENT TO RESCIND YOUR 194 AGREEMENT BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF RESCISSION TO THE SELLER UNLESS 195 YOU WAIVE THIS RIGHT OF RESCISSION. 196 BUYER PER-EBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS REAL PROPERTY TRANSFER DISCLOSURE STATEMENT 197 AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER.ONLY, AND NOT OF ANY 198 REAL ESTATE LICENSEE OR OTHER PARTY. 201 DATE: r'C� 1 Cam` 5� DATE: 202 293 BUYER - --7UYER: 204 CIA . UYER'S WAIVER OF RIGHT TO REVOKE OFFER 205 Buyer has read and reviewed the Seller's responses to this Real Property Transfer Disclosure Statement. Buyer approves this statemen- and 206 %v"aives Buyer's right to revoke Buyer's offer. 207 DATE: DATE: 208 BUYER: BUYER: 209 BUYER'S WAIVER OF RIGHT TO RECEIVE COMPLETED REAL PROPERTY TRANSFER DISCLOSURE STATEMENT 210 Bayer has been advised of Buyer's right to receive a completed Real Property Transfer Disclosure Statement. Buyer.-waives t1.at right. 211 DATE: DATE: - 212 BUYER: BUYER: 213 If the answer is"Yes"to any asterisked(*} items,please explain below(use additional sheets if necessary). Please refer to the lire number(s) 214 of the question(s). 215 215 217 218 219 220 221 SELLER'S INITIAL: DATE: SELLER'S INITIAL: DATE: 222 EXHIBIT C ASSIGNMENT OF PURCHASER'S INTEREST I Date of Purchase and Sale Agreement: 20 • Seller: Purchaser: Property Address: r Legal Description: FOR VALUE RECEIVED, X�7,, �7' ("Assignor"), as Purchaser under the Purchase and Sale Agreement oted above, assigns to 5 c� e 1 rR Grp+ . ("Assignee") all of it right, title and interest i a the above-referenced Ifurchase and S61e Agreement. The Assignee hereby assumes all of Purchaser's obligations, duties and liabilities, under"the above- referenced Purchase and Sale Agreement. ASSIGNOR: ASSIGNEE: $ i By: - s: Its: Date: Date: Agent. - 4 • ADAMS REAL'T'Y 8836 Gage Boulevard, Suite 201B Kennewick, WA 99336 (509)783-1394 CADomnwts aW saainpVmom%My Doa=MsWcnn lAnipmeM Fonol.dm AGENDA REPORT NO. 102 FOR: City Council Date: November 7, 2006 TO: Gary Crutchfi rty Manager Workshop: 11/13/06 Regular: 11/20/06 FROM: Richard J. Smi , Director 0 Community 8a Economic Development Cruz Gonzalez, Urban Development Coordinator SUBJECT: Community Housing Improvement Program CHIP Contract Extension I. REFERENCE(S1: A. CHIP Obligated Funds as of October 31, 2006 B. CHIP Area Map C. Amendment to: Tri-Cities HOME Consortium Recipient Contract Agreement IL ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 11/13/06 DISCUSSION 11/20/06: MOTION: I move to approve the Amendment to the Tri-Cities HOME Consortium Recipient Contract Agreement dated November.30, 2005, and authorize the City Manager to sign the amendment. III. FISCAL IMPACT No new impact. IV. HISTORY AND FACTS BRIEF: A. Pasco entered into a HOME Consortium Agreement with Richland and Kennewick in 1995 making the City eligible for Federal HOME funds. In April 2005, this Agreement was extended to 2007. B. The City had approximately $695,000 available in new HOME funds and program income from the sale of homes in the Henry Street project. Under Federal regulations these funds needed to be under contract with a third party by December 31, 2005. C. At the March, 2004 City Council Retreat, "Neighborhood Redevelopment" was listed as a goal for 2004-2005. The Redevelopment Strategy Plan, accepted by Council in 2004, recommended that assistance programs be concentrated in two neighborhoods in the vicinity of Longfellow School and the Franklin County Historical Museum (see Reference B). D. Key elements of the Revitalization Plan are providing financial assistance for the rehab of existing homes and providing down payment assistance to encourage owner occupants to move into the area. E. In August 2005, staff solicited proposals from qualified consultants to both develop and administer neighborhood revitalization programs. The City received one response from Creative Housing Solutions of Yakima. F. On November 17, 2005, the City Council entered into a Professional Services Agreement with Creative Housing Solutions. G. As of October 31, 2006, Creative Housing Solutions has completed 5 rehabs, is currently in the construction phase in 5 others and has 8 applications in progress. V. DISCUSSION: A. The Contract with Creative Housing Solutions and the City of Richland expires November 17, 2006. There is thus a need to extend contract until November 30, 2007, B. Under the HOME Consortium Agreement the City of Richland is designated as the Administrator responsible for ensuring that the HOME Program is carried out in compliance with the appropriate Federal Regulations and the Consolidated Plan. C. The City of Pasco was awarded $198,304 in HOME funds for 2006. The .City Council approved the use of these funds for housing rehabilitation and down payment assistance through Resolution No. 2911. These funds will be awarded through a separate action. 3(i) REFERENCE A (n WWWWLUOOOOOZZOZZ000 (n wwwww w wwwwwC) L.) 0 � U � � r ►= f= J J J J J D D Q Q Q M Q Q a a Q . O, a0- aaaIX X0wIx00Wo00 2m22t- t- JF- F- JJ JJJJJ O 0000000CL0 0 ma- 0a. daa6- U UUUUZZa. ZZdrlZdlLMa. 0. 00000.aQOaQQ <CQ �0 U U U U I p O I M t- N O 00 co h w w d N O w M w D o cp v, (D h o N co In h O r r h h M 00 orncom uiti06 (ool.v (ov � � p O (D co M' m M 00 r M aD h N h O j 47 (O r � O 7 w t` OD 00 00 O r' r M r f-- Q Lo O Co O O (D (r� N J` ti N Ih N 0 00 4 d W 00 co M O h N N L(') (D O W (D Lo LD d d mb4 69 69 69 69 40 69 69 6H 69 49 60 69 4H fH 69 69 69 &S. O o h N Ch N N N m O N N N N N w 0 N O (D CT1 h h h h h h CD h !� Q1 d' •"00 00 W oOo to w w r n n 00 r d 00 00 00 T 00 00 I— N A l07 (A (S7 L I A 00 � , - OD 9 9 00 a0 Q CA sr O ST O M N O O CA m N p N N O N co N M (fl M st v (s r d d ( m N h(7 I I(D O m Z, 1 0 ml69 (f} H; 69 69} 69 4i3 w 69 C9;4A C% to 69 fR 69 69 69 N _ r ooao o;oa000a00.a0oioa :o 000000aoo 0•0aO±00000 0 L I0000c;00000loo6 66(D. o 'o aoa 00o aoo+oo 0 o Z �—l v 707 q: v l v v ,07 .cr'r,r ti U � �i I r O Q va v> �;69 6s rs GO). 4Ar g 69 6a 6a 6pa 6s ca W, ass l ar? w fA 0 U N NIN N CD N N.N 0 O N N N N N O a (A N I- � n h (- h -,- (� h .h h h h !- 00 O ('0 � 00 O�a0 OD LD 00 OD 00 Lo N 00 OD co 00 00 I(If (Ci M u7 d:T a h d did h h d �.M M M . CV � I U � 0 !I.,, 69 69 i v} 69 N9 4f}14A''tq 46. 69 69 6%1 to 69 4i?'u3 4.9 69 0 o!0 00 o00 o0 0000 a c� Q o o;o 00 00000 00001 0 p) (n o olv ' o 0 0 p 0p 0 0 0 0 0 0 0 0 M (09'c ('07IM M 8 M 0 M M M M MI N � Q � O Z Q 69 69 41) 49?. 64 6q 69 69 (A 4Fi Wll 69 69 69 69 69 69 U ,N N N V M cli O f0 ❑ co ! a0 00 UO (A Ln N LL Q O h i EA 69 49 64 419, EA cti 69 Efl 69 (A 69 4A 69 69 69;[H QA }.... O h an O 0 0 Q 0 0 0 C. 0 0 0 0 0 . U O d (D I(D 0 0 0 0 0 0 0 0 0 0 0 0 i DD 2i (D 00 00'CV O O po O O 0 0 0 C] to 0 Q 4 NO O (D O O O O O O pp C C O 0 h O O I� ti O y7 O O O O O O C O O z U') 0 •M 00!00 inIw O a p w Lo N Q r NIN N � N v;M r c{ lD co 'V io . O4A 69 "5'!6H (fr 4R 169 b9 1 EA tf, 4A 69 4fl 69 419 4f9 aPS 169 69 m m 0 0) i a� _ a>., ai ai ai ai ai m. Oi a r to E >a > > > I E a a a 0 1 a a a > '0 g L pJL O l6 l9 W (= >. 00r- rnrn m0 0mll,0m } } p z 3: z z z z z z � p mo rN voN N oN FV !9m0P L � fN w N co ON h I h i 010 b O O O �_ N_ C Ooh W riM MO W O . Z Q o((fl 7 I r oJ ..iJ o o oJ J 9J j C?J 9J 9J E 9 O (D (b (5 J c J Q 4 o O (D (O (D (O (O (O a 0 Q 999999999999 ;o X 5 = 2 m M-M T T 7 .2 2 2 2 m 5 M:m W m{cD (DCDCScgoo (DCDCDw � O (DO I'D'co 0 0 0 0 0 oto 0 0 0 0 4 - 0 0 0 0 0 3 `ov (D ooN � ( in tiroaMd N N � 0 0 N r N Q M L lf1 (`O f� a0 00 01 r r o 00 (� . REFERENCE B < i :x z I 1STI1 AYTy N. 'S17H AVF tA r1z\� N. 8T.-i AVE 1J. B TH AVf N. 7TH AVE A:. 7 1 H A'�£ N. SIH AS - N. STN AA-- �✓ 1 ``� T > r:, Lt �� N 1�. \ l + N Fli 4� vi i1 `Sµa A �tti� 1 �L `� `� .'✓r' r ; 4��P•r/I` �'�,� �L+, ` ''1`��'1•,�./ a I Y OF PASCO COMMUNITY F IGi 1F?E HOUSING IKL PROVEMEN i PRO(,-R%=;hri1 �C�H1P AREA LOCATION MAP REFERENCE C AMENDMENT #2: Tri-Cities HOME Consortium Agreement Recipient Contract Agreement This amendment, to that certain agreement entitled Tri-Cities HOME Consortium Agreement Recipient Contract Agreement dated the 30 of November 2005 is hereby entered into under the terms of said agreement by and between the City of Richland, a municipal corporation in the State of Washington, acting as lead agency for the Kennewick, Pasco, Richland HOME Consortium; the City of Pasco, representative member; and Creative Housing Solutions a quallifed for-profit agency, recipient. 1. AUTHORITY The parties are hereby authorized to enter into an amendment of the original agreement. 2. PURPOSE The parties agree that it is necessary to enter into an amendment of the original agreement because of: List: 1. Approval to amend contract termination date from November 17, 2006 to November 30, 2007. 3. AMENDMENTS The following specific amendments shall replace or be added to the original sections of that agreement dated November 30 2005. A. The original agreement shall be amended to read as follows: Section 3 — Sources and Use of Funds Insert new language here: The agreement will be effective upon signing by all parties; and authorization of environmental review and clearance, and all project work will be completed no later than November 30, 2007. And Section 27 — Timeliness of Expenditures Insert new language here: Time is of the essence of this agreement. HOME funds unappropriated as of November 30, 2007 will be recaptured by the Tri-Cities HOME Consortium for redistribution by the representative city to another qualified applicant, unless 30 day written extension approval prior to the date of expiration is made between all signatory members of this agreement. 1 4. REMAINING TERMS All terms and conditions of the original recipient agreement, except as amended or modified in Section 3 above, and through Amendment #1 dated August 1, 2006, shall remain in full force and effect during the duration of the original agreement. RECIPIENT CONSORTIUM Agency Name: John C. Darrington, City Manager City of Richland for the Tri-Cities HOME Consortium P.O. Box 190, MS 20 Richland, WA 99352 Date Date Representative Member City Manager City of Date APPROVED AS TO FORM: Thomas O. Lampson, City Attorney City of Richland 2 AGENDA REPORT NO. 25 FOR: City Council Novembe r 7,2006 TO: Gary Crutchfi Manager Workshop Mtg: 11/13/2006 FROM: Robert J.Alber IAic Works Director SUBJECT: Snow,Removal Assistance Agreements I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 11123/06: Discussion III. FISCAL IMPACT: Street Fund: $7,200 annually (minimum) IV. HISTORY AND FACTS BRIEF: In 2005, Council authorized staff to enter into an agreement with contractors to provide support in case of a severe winter and snow fall. Staff proposes for 2006 to contract with Ray Poland & Sons (Poland) for two (2) graders to be on standby, similar to the 2005 agreement. The prices for 2006 are 20% higher than last years. Poland is willing to have two (2) graders on standby for $7,200 and an activation fee of $5,250 per month. The operators cost would be the $85.00 per hour for normal hours and $105.00 per hour for overtime hours. The minimum cost for both graders to be "on standby" is $7,200.00 for the winter; additional costs would occur only if used. As such, the proposed arrangement represents a form of insurance; the annual "premium" of $7,200.00 appears acceptable for having the capacity of two additional graders (more efficient than plows). With general concurrence of City Council, staff will execute an agreement with Ray Poland& Sons. V. ADMINISTRATIVE ROUTING Project File 3(l) AGENDA REPORT FOR: City Council November 9, 2006 TO: Gary Crutchfie +anager Workshop Mtg.: 11/13/06 FROM: Lynne Jackson Human Resources Manager Regular Mtg.: 11/20/06 SUBJECT: Bargaining Contract for Fire Department Represented Employees I. REFERENCE(S): 1. Proposed Collective Bargaining Agreement (Council packets only; copy in Human Resources Office for public review) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: I 11113: DISCUSSION 11/20: MOTION: I move to approve the Collective Bargaining Agreement with the International Association of Firefighters, Local 1433, and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The previous contract terminated December 31, 2003. V. DISCUSSION: The city and representatives of the employees in the Fire Department who are represented by IAFF, Local 1433 have reached tentative agreement on a new, three-year contract. The bargaining unit has voted to approve it. Following is a listing of the significant changes to the agreement as determined by binding arbitration: ■ Effective January 1, 2004: 5% increase for firefighters and firefighter/paramedics, 6% for fire lieutenants, 7% for fire captains Effective January 1, 2005: 3.2% increase Effective January 1, 2006: 3.7% increase Wage increase costs for three year contract: $695,891 ■ Up to four (4) men will be given time off from any shift for Kelly Day, vacation leave,holiday leave or any combination thereof. Cost of additional person off provision, based on year to date figures: $80,000 annually Staff recommends Council ratification of the Agreement 3(k)