HomeMy WebLinkAbout2007.03.19 Council Meeting Packet AGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. March 19, 2007
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance.
3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the
City Council and will be enacted by roll call vote as one motion(in the form listed below). There will be
no separate discussion of these items. If further discussion is desired by Councilmernbers or the public,
the item may be removed from the Consent Agenda to the Regular Agenda and considered separately.
(a) Approval of Minutes:
1. Minutes of the Pasco City Council Meeting dated March 5,2007.
(b) Bills and Communications: (A detailed listing of claims is available for review in the Finance
Manager's office.)
1. To approve General Claims in the amount of$634,112.03 ($60,725.06 in the form of Wire
Transfer Nos. 4708 and 4710 and, $573,386.97 consisting of Claim Warrants numbered
159383 through 159600).
2. To approve bad debt write-offs for utility billing, ambulance, miscellaneous, cemetery, code
enforcement and Municipal Court non-criminal, criminal and parking accounts receivable in
the total amount of$278,616.17 and, of that amount, authorize $201,235.91 be turned over
for collection.
(c) Water Rights Transfer Agreement with Paul and Leah Miller:
1. Agenda Report from Robert J.Alberts,Public Works Director dated March 5, 2007.
2. Water Rights Transfer Agreement.
To approve the Water Rights Transfer Agreement with Paul and Leah Miller and, further,
authorize the Mayor to sign the agreement.
(d) Professional Services Agreement with CH2MHill for 2007 Water Comprehensive Plan:
1. Agenda Report from Robert J.Alberts,Public Works Director dated February 28,2007.
2. Professional Services Agreement.
To approve the Professional Services Agreement with CH2MHi11 and, further, authorize the
Mayor to sign the agreement.
(e) DOE Storm Water Grant Agreement:
1. Agenda Report from Robert J. Alberts,Public Works Director dated March 5,2007.
2. Grant Agreement.
To approve the DOE Storm Water Grant Agreement and, further, authorize the Mayor to sign the
agreement.
(RQ MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a)
(b)
(c)
5. VISITORS- OTHER THAN AGENDA ITEMS:
(a)
(b)
(c)
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers.
(b) Financial Services Manager: General Fund Operating Statement through February 28,2007.
(c)
Regular Meeting 2 March 19,2007
7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
Q*(a) Street Vacation: The South 10 feet of East "B" Street from South Walnut to South
Maitland(MF#VAC-07-001):
1. Agenda Report from David I. McDonald, City Planner dated March 13, 2007.
2. Proposed Ordinance and Vicinity Map.
CONDUCT A PUBLIC HEARING
Ordinance No. , an Ordinance vacating the South 10 feet of East "B" Street from
South Walnut Avenue to South Maitland Avenue.
MOTION: I move to adopt Ordinance No. , vacating the south 10 feet of East `B" Street
from South Walnut Avenue to South Maitland Avenue and, further, to authorize publication by
summary only.
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
(a) Ordinance No. , an Ordinance amending Chapter 8.02 of the Pasco Municipal Code
entitled"Animal Control."
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
February 27, 2007.
2. Proposed Ordinance.
3. Letter from ACA Management Committee.
MOTION: I move to adopt Ordinance No. amending Chapter 8.02 of the Pasco
Municipal Code entitled "Animal Control' and, further, to authorize publication by summary
only.
9. UNFINISHED BUSINESS:
(None)
10. NEW BUSINESS:
(a) Amendment to Interlocal Cooperative Agreement for Animal Control, Designation of City
of Pasco as Operating Jurisdiction:
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
February 27,2007.
2. Proposed Amendment No. 1 to Interlocal Cooperative Agreement.
3. Proposed Operating Jurisdiction Agreement.
MOTION: I move to approve Amendment No. 1 to the Interlocal Cooperative Agreement
between the cities of Richland,Pasco and Kennewick,Washington for Animal Control.
-AND-
MOTION: I move to approve the Operating Jurisdiction Agreement for the Animal Control
Authority and, further,to authorize the Mayor and City Manager to execute the agreement.
11. MISCELLANEOUS DISCUSSION:
(a)
(b)
(c)
12. EXECUTIVE SESSION:
(a)
(b)
(c)
13. ADJOURNMENT.
(RC) Roll Call Vote Required
* Item not previously discussed
MF# "Master File#...."
Q Quasi-Judicial Matter
Regular Meeting 3 March 19,2007
REMINDERS:
1. 3:00 p.m., Sunday, March 18, Celilo Falls Park— Confluence Project "Blessing of the Land Ceremony."
(ALL COUNCILMEMBERS INVITED TO ATTEND)
2. 4:00 p.m., Monday, March 19, 710 W. Court Street — Local Trust Fund Oversight (Affordable Housing)
Committee Meeting. (MAYOR JOYCE OLSON, COUNCILMEMBERS REBECCA FRANCIK and
MIKE GARRISON)
3. 6:00 p.m., Monday, March 19, Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR
JOYCE OLSON and COUNCILMEMBER REBECCA FRANCIK)
4. 4:00 p.m., Tuesday, March 20, Conference Room #1 — Regional Centers Study Committee Meeting.
(COUNCILMEMBERS REBECCA FRANCIK and MATT WATKINS)
5. 4:00 p.m., Wednesday, March 21, Conference Room #1 — Golf Course Committee Meeting.
(COUNCILMEMBER MIKE GARRISON)
6. 5:30 p.m., Wednesday, March 21, Roy's Smorgy — Good Roads Association Board Meeting.
(COUNCILMEMBER BOB HOFFMANN,Rep.; MAYOR JOYCE OLSON,Alt.)
7. 5:30 p.m., Wednesday, March 21, Three-Rivers Convention Center— Second Harvest Tri-Cities "Taking a
Bite Out of Hunger 2007." (ALL COUNCILMEMBERS INVITED TO ATTEND)
8. 7:30 a.m., Thursday, March 22, Shilo Inn — Tri-Cities Visitor & Convention Bureau Board Meeting.
(COUNCILMEMBER MIKE GARRISON,Rep.; TOM LARSEN,Alt.)
9. 4:00 p.m., Thursday, March 22, Holiday Inn Express (TRAC) —Benton-Franklin District Board of Health
Meeting. (COUNCILMEMBERS REBECCA FRANCIK and MATT WATKINS)
10. 4:00 p.m., Thursday, March 22, 3-Rivers Convention Center — TRIDEC Board Meeting.
(COUNCILMEMBER MIKE GARRISON,Rep.; TOM LARSEN, Alt.)
11. 5:30 p.m., Thursday, March 22, 710 W. Court Street — Community Action Committee Board Meeting.
(MAYOR JOYCE OLSON,Rep.; COUNCILMEMBER REBECCA FRANCIK, Alt.)
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MARCH 5, 2007
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor.
ROLL CALL:
Councilmembers present: Rebecca Francik, Michael Garrison, Robert Hoffmann, Joe
Jackson, Tom Larsen, Joyce Olson, and Matt Watkins.
Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan
Strebel, Administrative & Community Services Director; Richard Smith, Community &
Economic Dev. Director; Bob Alberts, Public Works Director; David McDonald, City
Planner; Denis Austin, Police Chief; Paul Whitemarsh, Recreation Services Manager and
Jess Greenough, Field Division Manager.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
(a) Approval of Minutes:
Minutes of the Pasco City Council Meeting dated February 20, 2007.
(b) Bills and Communications:
To approve General Claims in the amount of$1,231,942.86 ($89,809.44 in the form of
Wire Transfer Nos. 4697 and 4700 and, $1,142,133.42 consisting of Claim Warrants
numbered 159178 through 159382).
To approve Payroll Claims in the amount of$2,135,524.46, Voucher Nos. 35840 through
35992; and EFT Deposit Nos. 30015049 through 30015529.
(c) Aquatic Facilities Planning:
To approve the professional services agreement with ORB Architects and, further,to
authorize the City Manager to execute the agreement. Removed from Consent Agenda
and moved to Item 10(f)—New Business.
(d) Appeal of Storm Water Rules:
To approve the Interlocal Agreement with the City of Bellevue and others to appeal the
State of Washington Storm Water Management Rules and, further, authorize the Mayor
to sign the agreement.
(e) Golf Course Lease Committee:
To concur in the Mayor's appointment of the following members of an ad-hoc committee
to advise the City Council regarding proposed amendments to the golf course lease:
Councilmember Mike Garrison and Park Board Members Duane Taber and Steve
Putnam.
(f) Resolution No. 3012, a Resolution authorizing the sale of Administrative &
Community Services and Police Department miscellaneous personal property and
equipment surplus to city needs.
To approve Resolution No. 3012, authorizing the sale of Administrative and Community
Services Department and Police Department miscellaneous personal property surplus to
city needs.
(g) Resolution No. 3013, a Resolution authorizing the sale of seized/asset
forfeiture property surplus to city needs.
1 3(a).1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MARCH 5, 2007
To approve Resolution No. 3013, authorizing the sale of seized/asset forfeiture property
considered surplus to city needs.
(h) Resolution No. 3014, a Resolution accepting work by MP Construction, Inc.,
under contract for the Police Locker Room Remodel Project.
To approve Resolution No. 3014, accepting the work performed by MP Construction,
Inc., under contract for the Police Locker Room Remodel Project.
(i) Resolution No. 3015, a Resolution fixing the time and date for a public
hearing to consider the vacation of a portion of Road 92.
To approve Resolution No. 3015, fixing 7:00 p.m., April 2, 2007 as the time and date for
a public hearing to consider the proposed vacation.
MOTION: Mr. Watkins moved to approve the Consent Agenda as amended. Mr.
Jackson seconded. Motion carried by unanimous Roll Call vote.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Mr. Watkins reported on the Tri-Cities Regional Centers Study Public Forums held last
week in Richland, Pasco and Kennewick. He also participated in a motorcycle parade to a
memorial service for a fallen Marine and thanked the Pasco Police for their presence and
professional conduct.
Mr. Larsen attended the Benton-Franklin Emergency Medical Services meeting.
Mr. Hoffman reported he, Mayor Olson and Mr. Watkins toured a downtown building
remodeled by a local business.
Mayor Olson reported she has some conflicts serving on the Affordable Housing Trust
Fund Committee and would like Council to appoint alternates to the committee.
ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
Ordinance No.3822, an Ordinance of the City of Pasco, Washington, amending
Chapter 5.25 of the Pasco Municipal Code entitled "Special Events Permit."
MOTION: Mr. Watkins moved to adopt Ordinance No. 3822, amending Pasco
Municipal Code Chapter 5.25 regarding Special Events and, further, to authorize
publication by summary only. Mr. Jackson seconded. Motion carried unanimously.
NEW BUSINESS:
Annexation: City/County Boundary Adjustments (MF#ANX07-001):
MOTION: Mr. Watkins moved to approve the City/County Interlocal Cooperation
Agreement for revision of the Corporate Boundaries of the City and, further, authorize
the Mayor to sign said agreement. Mr. Jackson seconded. Motion carried unanimously.
Special Permit: Farming in a RT Zone (north of Harris Road and West Broadmoor
Blvd.) (MF#SP06-015):
Mr. Dave McDonald explained the details of the Special Permit request.
MOTION: Mr. Watkins moved to set 7:00 p.m., April 2, 2007 as the time and date for a
closed record hearing to consider the Planning Commission recommendation for a farm
in a RT zone under Master File#SP06-015. Mr. Jackson seconded. Motion carried
unanimously.
Office and Locker Room Expansion, Phase II, Project No. 07-1-02:
2
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MARCH 5, 2007
MOTION: Mr. Watkins moved to award the low bid for the Office & Locker Room
Expansion, Phase 11, Project No. 07-1-02 to Booth & Sons Construction, Inc., in the
amount of$119,116.48 including applicable sales tax and, further, authorize the Mayor to
sign the contract documents. Mr. Jackson seconded. Motion carried by unanimous Roll
Call vote.
TPA Budget Amendment:
Mr. Crutchfield explained the details of the two budget amendments.
Mr. Watkins recused himself from voting on the amendments because of his
involvement with the Water Follies organization.
MOTION: Ms. Francik moved to approve the $60,000 increase in the 2007 TPA budget
for TPA staff salaries and, further, direct that the increased expenditure be included in the
year-end supplemental budget. Mr. Jackson seconded. Motion carried 6-0. Mr. Watkins
abstained.
TPA Budget Amendment for Advertising Campaign:
MOTION: Mr. Garrison moved to approve the TPA budget increase of$60,000 for wine
and golf leisure travel advertising campaign and, further, direct that it be included in the
year-end supplemental budget. Mr. Jackson seconded. Motion carried 6-0. Mr. Watkins
abstained.
Aquatic Facilities Planning:
MOTION: Mr. Watkins moved to approve the professional services agreement with
ORB Architects and, further, to authorize the City Manager to execute the agreement.
Mr. Jackson seconded. Motion carried unanimously.
MISCELLANEOUS DISCUSSION:
Ordinance Amending PMC for Disposition of Unclaimed Animals:
Council and Staff discussed the proposed ordinance and agreed to place it on the March
19th agenda for consideration.
Amendment to Interlocal Cooperative Agreement for Animal Control, Designation
of City of Pasco as Operating Jurisdiction:
Council and Staff discussed the proposed amendment and agreed to place it on the March
19th agenda for consideration.
Appoint Affordable Housing Trust Fund Committee Alternates:
MOTION: Mr. Watkins moved to name alternates to the Affordable Housing Trust Fund
Committee as follows: for Mayor Olson, Robert Hoffman, for Ms. Francik, Matt
Watkins, for Mr. Garrison, Mr. Larsen. Ms. Francik seconded. Motion carried
unanimously.
EXECUTIVE SESSION:
Council adjourned to Executive Session at 7:57 p.m. for approximately 45 minutes to
discuss litigation or potential litigation with legal counsel and to discuss collective
bargaining strategies and proposals.
Mayor Olson called the meeting back to order at 8:42 p.m.
3
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MARCH 5, 2007
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:42 p.m.
APPROVED: ATTEST:
Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk
PASSED and APPROVED this 19th day of March, 2007.
4
CITY OF PASCO
Council Meeting of:
March 19,2007
Accounts Payable Approved
The City Council
City of Pasco,Franklin County,Washington
We,the undersigned,do hereby certify under penalty of perjury that the materials have been furnished,the
services rendered or the labor performed as described herein and that the claim is a just,due and unpaid
obligation against the city and that we are authorized to authenticate and certify to said claim.
Gary Crutchfield, City Manager James Wroase, Finance Manager
We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington,
do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer
No.s 4708 and 4710 in the amount of$60,725.06, have been authorized;that Check No.s 159383 through
159600 are approved for payment in the amount of$573,386.97,for a combined total of$634,112.03 on this
19th day of March,2007.
Councilmember Councilmember
SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND:
GENERAL FUND:
Legislative 1,014.23
Judicial 10,634.86
Executive 8,505.10
Police 26,970.34
Fire 11,559.96
Administration&Community Services 29,505.19
Community Development 6,417.49
Engineering 4,499.56
Non-Departmental 72,293.12
Library 3,298.06
TOTAL GENERAL FUND: 174,697.91
STREET 68,810.68
C. D. BLOCK GRANT 4,343.73
KING COMMUNITY CENTER 3,418.81
AMBULANCE SERVICE 6,190.85
CEMETERY 4,059.56
ATHLETIC PROGRAMS 3,726.27
SENIOR CENTER 4,734.97
MULTI MODAL FACILITY 2,946.72
RIVERSHORE TRAIL& MARINA MAIN 109.28
LITTER CONTROL 2,650.80
REVOLVING ABATEMENT 195.00
PARKS FUND 0.00
TRAC DEVELOPMENT 0.00
STADIUM/CONVENTION CENTER 2,547.52
SLIN WILLOWS RESIDENTIAL DEVELOPMENT 0.00
METRO DRUG TASK FORCE 15,735.76
METRO DRUG FORFEITURE FUND 454.10
GENERAL CONSTRUCTION 40,380.34
WATER/SEWER 183,833.63
EQUIPMENT RENTAL-OPERATING 15,112.32
EQUIPMENT RENTAL- REPLACEMENT 0.00
MEDICAL/DENTAL INSURANCE 62,670.06
CENTRAL STORES 901.84
FIRE PENSIONS 0.00
PAYROLL CLEARING 36,591.88
LID CONSTRUCTION 0.00
GRAND TOTAL ALL FUNDS: $ 634,112.03
3(b).1
AGENDA REPORT
FOR: City Council DATE: 03/14/2007
TO: Gary Crutchfield,City Manager REGULAR: 03/19/2007
Stan Strebel,Administrative&Community Services Director
FROM: Jim Chase,Finance Manager � w, _., Y�11;1 M4101-
SUBJECT: BAD DEBT WRITE-OFF'S/COLLECTION.
I. REFERENCE(S):
Write-off and collection lists are on file in the Finance Department.
II. ACTION RE UESTED OF COUNCIL/STAFF RECOMMENDATIONS:
MOTION: I move to approve bad debt write-offs for utility billing, ambulance, miscellaneous,
cemetery, code enforcement and Municipal Court non-criminal, criminal and parking
accounts receivable in the total amount of $278,616.17 and, of that amount, authorize
$201,235.91 be turned over for collection.
III. HISTORY AND FACTS BRIEF:
1. UTILITY BILLING- These are all inactive accounts, 60 days or older. Direct write-offs are under
$10 with no current forwarding address, or are accounts in"occupant" status. Accounts submitted for
collection exceed$10.00.
2. AMBULANCE -These are all delinquent accounts over 90 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs
including DSHS and Medicare customers; the law requires that the City accept assignment in these
cases.
3. MISCELLANEOUS -These are all delinquent accounts over 90 days past due or statements that are
returned with no forwarding address. Those submitted for collection exceed$10.00.
4. COURT ACCOUNTS RECEIVABLE-These are all delinquent non-criminal and criminal fines,and
parking violations over 30 days past due.
5. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are
either un-collectable or have been assigned for collections because the property owner has not
complied or paid the fine. There are still liens in place on these amounts which will continue to be in
effect until the property is brought into compliance and the debt associated with these liens are paid.
6. CEMETERY—These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed$10.00.
Amount
Direct Referred to Total
Write-offs Collection Write-offs
Utility Billing $ 246.62 .00 246.62
Ambulance $ 77,133.64 36,201.51 113,335.15
Miscellaneous $ .00 .00 .00
Court A/R $ .00 159,135.00 159,135.00
Liens $ .00 5,899.40 5,899.40
Cemetery $ .00 .00 .00
TOTAL: $ 77,380.26 201,235.91 278,616.17
IV. ADMINISTRATIVE ROUTING:
cc: Dot French,Municipal Court Clerk
3(b).2
AGENDA REPORT NO. 07
FOR: City Council DATE: March 5, 2007
TO: Gary Crutchfield, City Manager Workshop Mtg: March 12, 2007
Regular Mtg: March 19, 2007
FROM: Robert J. Alberts ec or, Public Works
SUBJECT: Water Rights Transfer Agreement with Paul and Leah Miller
I. REFERENCE(S):
1. Water Rights Transfer Agreement
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
3/12/07: Discussion:
3/19/07: MOTION: I move to approve the Water Rights Transfer Agreement
with Paul and Leah Miller and, further, authorize the Mayor to sign the agreement.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
Paul and Leah Miller have owned the farm land east of SR 395 and north of
Hillsboro Street for several years. In 1998, they participated in the installation of
water pipeline that extended northerly through their property. When the Hillsboro
Interchange was constructed, they participated in installing dry sewer pipelines.
When the Hillsboro Interchange was completed, a portion of the farmland,
approximately 43 acres, was no longer farmable. This raised an issue regarding
the water rights on the 43 acres and the State relinquishment requirements if the
water is not used for five years.
Staff had anticipated the need to negotiate an agreement for the water rights and
the need for a sewer lift station in order for the system that was installed with
Hillsboro Interchange active. Staff showed the installation of a lift station in the
City CIP Program for 2008. The proposed agreement transfers the associated
water rights for the 43 acres in exchange for a sewer pump station being
constructed in 2007. The agreement also clarifies the future transfer of water
rights as the remaining farm land develops up to 2040.
Staff recommends Council approve the agreement and authorize the Mayor to
sign.
V. ADMINISTRATIVE ROUTING
Project File
3(c)
WHEN RECORDED RETURN TO:
City of Pasco,Washington
Engineering Department
525 North 3rd Avenue ORIGINAL
Pasco WA 99301
WATER RIGHTS TRANSFER AGREEMENT
THIS WATER RIGHTS TRANSFER AGREEMENT dated this day of March
2007, is between THE MILLER LIVING TRUST, dated the day of ,
, PAUL MILLER and LEAH MILLER, Trustees, of 585 Dogwood Road, Pasco, WA
99301, hereinafter referred to as "Grantor", and the City of Pasco, Washington, a Municipal
Corporation, located at 525 North 3rd, Pasco, Washington 99301, hereinafter referred to as
"City"enter into this Agreement to transfer certain water rights according to the following terms
and conditions.
IN CONSIDERATION of the mutual covenants contained herein, and other valuable
consideration, receipt of which is hereby acknowledged, the Parties agree as follows:
1. Transfer of Water Rights.
Grantor shall convey, transfer and assign to the City in two phases the water rights
certificated by the State of Washington under Certificate No. G3-20250 (Qi=1300gpm, Qa=520
ac-ft), recorded as Franklin County Auditor's number 437645 as follows:
A. The initial immediate transfer of approximately 43.2 acres (33%) of the
water right covered by the water certificate, being a proportional share of the quantity of water as
certificated. The conveyance shall occur through the appropriate procedures required by the
State of Washington, and the Grantor agrees to sign and execute all appropriate petitions,
applications, and documents to effectuate the transfer. The process shall start with a Request for
Administration Confirmation of Division of a Water Rights (Ecology POL 1070). Said request,
applications or petitions shall be executed within ten(10) days of the date of the execution of this
Agreement. Grantor shall cooperate with and use best efforts for the transfer to be completed,
the parties recognizing that the Department of Ecology of the State of Washington is the
approval authority concerning the transfer and division of a water right. The parties recognize
that complete failure of the division or transfer would be a failure of consideration for this
Agreement. The approximate 43.2 acres of water right, concerns the water rights on the 43.2
Water Rights Transfer Agreement - 1
acres as described and indicated on the map attached hereto, and incorporated herein, being
Exhibit "A."
B. The remaining approximate Sixty Six and six-tenths acres (66.6) of the
water rights covered by the above described certificate shall be transferred to the City as the
property described in Exhibit "A" is developed and requiring water and sewer service from the
City as evidenced by issuance of a building permit, site plan, short plat or subdivision, but in no
event later than January 1, 2040. Said transfer shall be performed in a like manner as described
in paragraph IA. The 66.6 acres of water rights and the transfer thereof pursuant to this
paragraph shall occur as the currently-served 66.6 acres of land, as depicted on Exhibit "A", is
developed.
C. For purposes of clarity, the portion of the water certificate transferred to
the City pursuant to this Agreement covers approximately 43.2 acres. The water rights referred
to in Paragraph 1B above being approximately 66.6 acres, which are subject to further transfer
on a parcel bases as development occurs will be transferred as and when required to the City
pursuant to the Pasco Municipal Code for utility service.
2. Representation of Grantor.
Grantor warrants:
A. To the best of Grantor's knowledge, Grantor has full unencumbered rights
to the Certificate identified in Section 1 above and subject to the requirements of the State of
Washington and other governmental authorities for the transfer of certificated water rights, has
the authority to transfer and convey the interest described in paragraph 1 A and agrees to execute
all documents necessary to effectuate such transfer.
B. Grantor is unaware of any defects in the exercise of the rights granted
under the Certificate. To the best of Grantor's actual knowledge, there are no pending claims or
actions against the Grantor arising out of any alleged failure to comply with any federal, state, or
local law or regulation as it relates to the water well servicing the above groundwater certificate.
3. Consideration.
In consideration of the transfer and assignment of the portion of the above-described
certificate, as described in Section 1 A above and the proposed assignment as set forth in Section
1B above,the City shall:
A. Waive all frontage charges and area charges assessed by the City pursuant
to its City code, for purposes of hooking up to sewer facilities. The City acknowledges that there
already exists a waiver of water system front footage charge as required by PMC 3.07.160 (g) (2)
and square foot charge as provided in PMC 3.07.160(h) (2).
Water Rights Transfer Agreement -2
B. This assignment shall constitute full compliance by Grantor with PMC
13.36.070.
C. The parties agree that the approximate 43.2 acres of water right transferred
by this Agreement and the approximate 66.6 acres of water right that will be transferable as and
when needed to the City of a parcel by parcel basis shall be usable and/or transferable for
purposes of supplying water within the City. The City agrees to make available domestic water
for commercial and industrial development purposes equivalent to the amount of water rights
transferred for each parcel.
D. The City shall, at its sole expense, construct, install and maintain a sewer lift
station in the vicinity of Hillsboro Street as a part of the City's sanitary sewer system capable of
receiving sewage discharge from commercial or industrial uses to be developed upon properties
owned by the Grantor and the City, within the Northeast quarter of Section 17, Township 9
North, Range 30 E.W.M., Franklin County, Washington. The sewer lift station shall be
constructed by December 1, 2007, upon real property described in Exhibit "A", at a site and site
size mutually agreed upon by both parties.
4. Grantor's Right of Continued Use and Contingencies.
Grantor shall retain full rights to the exclusive use and possession of the remainder of the
water right and the premises served thereby together with the water well identified as the
source/diversion point for such water right for continued agricultural purposes. The retention of
the approximate 66.6 acres of said right and transfer thereof shall be pursuant to paragraph 1B
above, with the water well being transferred to the City when the last ten(10) acres of water right
of the above referred to certificate is made to the City pursuant to the provisions of paragraph 1B
above or when any residential development is requested by the Grantor and approved by the
City. The water well to be transferred is that well identified in the water certificate, and will
include the real property upon which the well is situated consisting of access to and from said
well and the well itself being within a 50-foot by 50-foot square of land and shall further include
the associated pumps, panel, and electrical conduit associated therewith, all of which will be
transferred to the City in its "as-is" condition. For purposes of clarity, City acknowledges and
agrees that the irrigation circle pivot, the irrigation circle pivot point, tower, and all attendant
parts and accessories together with the real property upon which the irrigation center pivot point
is situated remain the property of the Grantor, and said equipment and property point are not part
of the well site referred to herein.
5. Onsite Sewer and Water Development.
Grantor acknowledges that the Grantor bears the responsibility of extending any
additional water and sewer pipelines to serve any lot, parcel or development upon the real
property covered by the certificate at the developer's sole cost and in accordance with the City's
specifications and requirements.
Water Rights Transfer Agreement -3
6. General Provisions.
For the purpose of this Agreement, time is of the essence. This agreement shall go with
the property in the event of any sale. In the event of a dispute which cannot be resolved by good
faith efforts of the Parties, venue shall be placed in Franklin County, Washington, the laws of the
State of Washington shall apply, and the prevailing parties shall be awarded as additional
judgment against the other its reasonable attorney fees and costs.
DATED this day of ) 2007.
CITY OF PASCO, WASHINGTON GRANTOR-
THE MILLER LIVING TRUST
Joyce Olson Paul H. Miller
Mayor Trustee
Leah Miller
Trustee
Water Rights Transfer Agreement -4
STATE OF WASHINGTON )
ss.
County of Franklin )
On this day personally appeared before me JOYCE OLSON, Mayor of the City of Pasco,
Washington, known to be the individual described in and who executed the within and foregoing
instrument, and acknowledged that she signed the same as her free and voluntary act and deed
for the uses and purposes therein mentioned.
SUBSCRIBED and Sworn to before me this day of , 2007.
Notary Public in and for the State of Washington
Residing at
My commission expires on
STATE OF WASHINGTON )
ss.
County of Franklin )
On this day personally appeared before me PAUL H. MILLER and LEAH MILLER,
Trustee of the MILLER LIVING TRUST, known to be the individuals described in and who
executed the within and foregoing instrument, and acknowledged that they signed the same as
their free and voluntary act and deed for the uses and purposes therein mentioned.
SUBSCRIBED and Sworn to before me this day of , 2007.
Notary Public in and for the State of Washington
Residing at
My commission expires on
Water Rights Transfer Agreement -5
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AGENDA REPORT NO. 06
FOR: City Council DATE: February 28, 2007
TO: Gary Crutchfield, City Manager Workshop Mtg: March 12, 2007
Regular Mtg: March 19, 2007
FROM: Robert J. Albe ct ,Public Works
SUBJECT: Professional Services Agreement with CH2MHi11 for
2007 Water Comprehensive Plan
I. REFERENCE(S):
1. Professional Services Agreement
11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
3/12/07: Discussion:
3/19/07: MOTION: I move approve the Professional Services Agreement and,
further, authorize the Mayor to sign the agreement.
III. FISCAL IMPACT:
Utility Fund
IV. HISTORY AND FACTS BRIEF:
The State of Washington Health Department requires Cities and Water Utility
Districts to prepare a new Water Comprehensive Plan every six years. The City's
last Water Comprehensive Plan was approved by the Health Department in June
2001. The next Water Comprehensive Plan will also have to address the
conditions of the Quad-City Water Rights and new State regulations which have
been implemented since 2001.
A condition of the new water right is the plan must be coordinated with the other
cities. Because of the coordination condition, the Health Department has
extended the approval date to October 2009. Staff recommends the plan be
started now due to all the changes that have occurred since 2001. The City needs
to keep up with the growth by having a current plan.
Mr. Anthony Krutsch was the project manager for the consultant on the 2001
Water Comprehensive Plan and he assisted the City on the 1994 plan as well.
Staff proposes an agreement with CH2MHill for the new plan with Mr. Krutsch as
the project manager. The plan would be on a time and material basis not to
exceed $90,500. The project is budgeted in the 2007 CIP Program.
Staff recommends approval of the Professional Services Agreement and
authorizes the Mayor to sign.
V. ADMINISTRATIVE ROUTING
Project File
3(d)
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter
referred to as the "City", and CH2MHill, hereinafter referred to as the "Consultant".
WHEREAS, the City desires to engage the professional services and assistance of a
consulting firm to provide an updated Water Comprehensive Plan.
NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and
between the parties hereto as follows:
1. Scope of work. Services shall generally be the preparation of an updated Water
Comprehensive Plan meeting the State of Washington requirements as outlined in Exhibit A
2. Ownership of Work Product.
A. All studies, plans, specifications, documents, materials, methodology,
software, logic, and systems developed under this Agreement whether finished or not shall
become the property of the City of Pasco, shall be forwarded to the City of Pasco at its request
and may be used by the City of Pasco as the City of Pasco sees fit. The City of Pasco agrees that
if products prepared by the Consultant are used for purposes other than those intended in this
Contract, the City of Pasco does so at the City's sole risk and agrees to hold the Consultant
harmless for such use.
B. All services performed under this Agreement will be conducted solely for the
benefit of the City of Pasco and will not be used for any other purpose without written consent of
the City of Pasco. Any information relating to the services will not be released without the
written permission of the City of Pasco.
3. Payments. The Consultant shall be paid by the City for completed work for
services rendered under this Agreement as provided hereinafter. Such payment shall be Ul
compensation for work performed or services rendered and for all labor, materials, supplies,
equipment and incidentals necessary to complete the work.
A. Payment for work accomplished under the terms of this Agreement shall be on
a time and material basis, provided, in no event shall the payment for all work performed exceed
the sum of $90,500. Time charges shall be based on the hourly rate schedule as set forth in
Exhibit B.
B. All vouchers shall be submitted by the Consultant to the City for payment
pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each
voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the
progress of the work for payment of completed phases of the project. Billings shall be reviewed
in conjunction with the City's warrant process.
CH2MHill 1
Water'Comprehensive Plan- 2007
C. The costs records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City for a period of three (3) years after final
payment. Copies shall be made available upon request.
4. Time of performance. The Consultant shall perform the work authorized by this
Agreement and provide a draft plan within 365 calendar days, and assist the City in coordinating
the plan with the other cities and publicize a final plan in an additional 270 calendar days.
5. Hold harmless agreement. In performing the work under this contract, the
Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter
individually and collectively referred to as "Indemnitees"), from all suits, claims, demands,
actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the
Indemnitees from
A. all damages or liability of any character including in part costs, expenses and
attorney fees, based upon, any negligent act, error, or omission of Consultant or any person or
organization for whom the Consultant may be responsible, and arising out of the performance of
professional services under this Agreement; and
B. all liability, loss, damage, claims, demands, costs and expenses of
whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be
based upon, any act, omission, or occurrence of the Consultant or any person or organization for
whom the Consultant may be responsible, arising out of, in connection with, resulting from or
causee by the performance or failure of performance of any work or services other than
professional services under this Agreement, or from conditions created by the Consultant
performance or non-performance of said work or service, regardless of whether or not caused in
part by the party indemnified hereunder.
6. General and professional liability insurance. The Consultant shall secure and
maintain in full force and effect during performance of all work pursuant to this contract a policy
of comprehensive general liability insurance providing coverage of at least $500,000 per
occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate
for property damage; and professional liability insurance in the amount of $1,000,000. Such
general liability policies shall name the City as an additional insured and shall include a
provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to
the City. The City shall be named as the certificate holder on the general liability insurance.
Certificates of coverage shall be delivered to the City within fifteen(15) days of execution of this
Agreement.
7. Discrimination prohibited. Consultant shall not discriminate against any
employee or applicant for employment because of race, color, religion, age, sex, national origin
or physical handicap.
CH2MHi11 2
Water Comprehensive Plan - 2007
8. Consultant is an independent contractor. The parties intend that an independent
contractor relationship will be created by this Agreement. No agent, employee or representative
of the Consultant shall be deemed to be an agent, employee or representative of the City for any
purpose. Consultant shall be solely responsible for all acts of its agents, employees,
representatives and subcontractor during the performance of this contract.
9. City approval. Notwithstanding the Consultant's status as an independent
contractor, results of the work performed pursuant to this contract must meet the approval of the
City.
10. Termination. This being an Agreement for professional services, either party
may terminate this Agreement for any reason upon giving the other party written notice of such
termination no fewer than ten(10) days in advance of the effective date of said termination.
11. Integration. The Agreement between the parties shall consist of this document and
the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the
parties and shall not be amended except by a writing executed by both parties. In the event of
any conflict between this written Agreement and any provision of Exhibit A, this Agreement
shall control.
12. Non-waiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other provision.
13. Non-assignable. The services to be provided by the contractor shall not be
assigned or subcontracted without the express written consent of the City.
14. Covenant against contingent fees. The Consultant warrants that he has not
employed or retained any company or person, other than a bona fide employee working solely for
the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for the Consultant, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or
resulting from the award of making of this contract. For breach or violation of this warranty, the
City shall have the right to annul this contract without liability or, in its discretion to deduct from
the contract price or consideration, or otherwise recover, the full amount of such fee,
commission,percentage,brokerage fee, gift, or contingent fee.
15. General Provisions. For the purpose of this Agreement, time is of the essence.
Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement,
venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall
apply, and the prevailing parties shall be entitled to its reasonable attorney's fees and costs.
CH2MHil1 3
Water Comprehensive Plan - 2007
16. Notices. Notices to the City of Pasco shall be sent to the following address:
Bob Alberts
City of Pasco
PO Box 293
Pasco,WA 99301
509-545-3444
Notices to the Consultant shall be sent to the following address:
Anthony Krutsch
CH2MHill
8836 W. Gage Blvd, Suite 202A
Kennewick,WA 99336
(509) 735-9149
Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in
the U. S. mails, with proper postage and properly addressed.
DATED THIS DAY OF ,20
CITY OF PASCO CONSULTANT:
By: By:
Joyce Olson, Mayor Signature,Printed Name and Title
ATTEST: APPROVED AS TO FORM
Deputy City Clerk City Attorney
CH2MHill 4
Water Comprehensive Plan-2007
CH2M HILUCITY OF PASCO WATER SYSTEM PLAN UPDATE SCOPE OF SERVICES
EXHIBIT A
CITY OF PASCO
WATER SYSTEM PLAN UPDATE
Scope of Work
A general outline of the project scope is shown below.
• Executive Summary. Prepare executive summary of the plan update.
• Description_of Water System. Describe the general background of the City and its existing
water system as well as information on current service area,water rights, service area
policies and water rates. Update information contained in Chapter 1 and Chapter 2 of
the 2001 Plan as needed. Utilize Quad-City and Irrigation System information as
appropriate.
• Basic Planning Data. Describe the City's current population,water production(Domestic
and Irrigation),consumption, and project future water demands (Domestic and
Irrigation). Population and historical water production data (Domestic and Irrigation)
will be provided by the City. Describe the City's Water Service Area. Identify any
considerations related to the Water Service Area,water rights and/or proposed
regulations (including fire flow,safe drinking water act,and reservoir storage). Update
Chapter 3, Chapter 4,and Chapter 5 of the 2001 Plan.
• ystem Analysis. Evaluate the ability of the City's existing water system to meet current
and future demands (Domestic and Irrigation). This will include water quality, source,
distribution, and control. Identify existing water resources available to the City and
estimate future water resource needs. Utilize Quad-City information as appropriate.
The updated City water system model will be used to identify any system deficiencies
(undersized pipelines, areas of low or high pressure) at a Butterfield WTP production
level of 30MGD. [2006,2013, and 2026 Maximum Day Demand,Peak Hour Demand,
and Fire Flow Demand(at up to 3 fireflows under MDD-1 in each pressure zone)]. The
updated model will also be used to develop system-wide improvements to serve the
City's population increase and anticipated growth areas during the planning period
(2013 and 2026). The Irrigation System will not be modeled. Prepare map and/or exhibit
with recommended water main extensions (with preliminary sizing) to serve anticipated
growth areas. Build on previous studies looking at utility extensions into potential
growth areas.
Using up to 300 residential customers in twelve sections of the City,identify typical
outdoor water usage. Identify all commercial and industrial users which have high
consumptive use. Review and make recommendations regarding water rates for
consumptive use.
Conduct an evaluation of the need to construct a water treatment supply source in the
West Pasco Area. Investigate a modular package conventional filtration plant and
modular membrane filtration plant as possible options. Potential modular units (3MGD-
CITY OF PASCO WATER SYSTEM PLAN UPDATE 1 OF 3
CH2M HILUCITY OF PASCO WATER SYSTEM PLAN UPDATE SCOPE OF SERVICES
6MGD),project capital and O&M costs,potential site(s),and advantages,disadvantages
and challenges of this type of system would be identified. Use the updated domestic
water system model to evaluate the impact of the alternate water treatment supply
source (6MGD),while operating the Butterfield WTP at 24MGD,on the distribution
system (2013 and 2026). An alternate map and/or exhibit,with recommended water
main extensions(with preliminary sizing) to serve anticipated growth areas,will be
prepared. A cost comparison of the options will be prepared. Update Chapter 6,
Chapter 7, and Chapter 8 of the 2001 Plan.
• Water Conservations Program,Water Rights Analysis,System Reliability, and Interties. Work with
the City Engineering staff to summarize water right statistics. Perform an evaluation of
the Quad-City Water Rights for all Cities(Water Balance). Identify the role that water
conservation plays in managing the City's water system. Update water conservation
data from 2001 Plan and the Quad-City Plan, and incorporate additional WDOH
requirements and Municipal Water Law requirements. Consider wastewater reuse
potential in terms of impact on system demands. Review flows returned back to the
Wastewater Treatment Plant and to the Columbia River. Identify areas of concern to be
addressed in the future update of the Wastewater Comprehensive Plan. Incorporate
applicable information into Chapter 6 of the 2001 Plan.
• Operation and Maintenance. Provide an analysis of the City's existing operation and
maintenance,emergency response,and cross connection control programs. The City
will furnish a copy of the previously approved plans,including the existing operation
and maintenance,emergency response, and cross connection control programs. Update
Chapter 11 of the 2001 Plan.
• Capital Improvement Program. Prepare an implementation schedule for the improvements
needed over the next six years. Provide a discussion of projects that may be required
over the next 20 years. Update Chapter 9 of the 2001 Plan.
• Financial Program. Update the current and approved utility financial plan. Work with the
City Financial Department to coordinate rate information. Update Chapter 10 of the
2001 Plan.
• Supporting Appendices. Include in the plan update pertinent supporting documents such
as copies of water rights,cross connection control program,water quality test results,
detailed opinions of probable project costs, distribution facilities design and
constructions standards,and a SEPA checklist. CH2M HILL will prepare a draft SEPA
checklist.
• Meetings. Attend up to ten(10) daytime meetings with the City. Attend two(2) planning
meetings with WDOH in Spokane. Attend up to three(3) City council meetings to
present the plan and be available for Q&A.
• Review and Comments. Provide three(3) copies of a draft plan update to the City for their
review and comment. After incorporating the City's review comments,submit copies to
WDOH and other interested agencies(not to exceed 5) for review and comment.
Incorporate WDOH and other comments,as applicable,prior to resubmitting to the City
for Council adoption. After Council adoption, WDOH and WDOE final approval,
provide ten copies of the completed plan update. Provide electronic version of final
plan update.
CITY OF PASCO WATER SYSTEM PLAN UPDATE 2 OF 3
CH2M HILUCITY OF PASCO WATER SYSTEM PLAN UPDATE SCOPE OF SERVICES
■ Regional Coordination. After preparing a draft plan,work with the City and other Cities to
assure the plan is coordination with the other Water Comprehensive Plan and approval
by October 2009.
CITY OF PASCO WATER SYSTEM PLAN UPDATE 3 OF 3
CH2M HILL/CITY OF PASCO WATER SYSTEM PLAN UPDATE HOURLY RATE SCHEDULE
EXHIBIT B
CITY OF PASCO
WATER SYSTEM PLAN UPDATE
Hourly Rate Schedule
Staff Hourly Rate
• Tony Krutsch • 190.00
• Joe Foote • 120.00
• Dave Stangel • 154.00
• Ed Thomas . 123.00
• Dennis Kendall • 76.00
• Jo Foglesong • 64.00
• Caroline Garcia • 72.00
CITY OF PASCO WATER SYSTEM PLAN UPDATE
AGENDA REPORT NO. 08
FOR: City Council DATE: March 5, 2007
TO: Gary Crutchfield, City Managerh) Workshop Mtg: March 12, 2007
Regular Mtg: March 19, 2007
FROM: Robert J. Alberts�4e& r'ublic Works
SUBJECT: DOE Stormwater Grant Agreement
I. REFERENCE(S):
1. Grant Agreement
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
3/12/07: Discussion:
3/19/07: MOTION: I move to approve the DOE Stormwater Grant Agreement
and, further, authorize the Mayor to sign the agreement.
III. FISCAL IMPACT:
The City has received a $75,000 Stormwater Grant from the Department of
Ecology (DOE). The City has negotiated this Grant Agreement with DOE for
Project Administration/Management, Public Education and Outreach, to develop a
Stormwater Management Plan and Procedures, and Staff Training. Staffs
intention is to fold in the cities of Kennewick and Richland into this outreach
program to have a more regional approach. The grant comes with several
conditions, which will require staff time and a potential need to hire a consultant.
Staff recommends Council approve the Stormwater Grant Agreement and
authorize the Mayor to sign.
IV. HISTORY AND FACTS BRIEF:
V. ADMINISTRATIVE ROUTING
Project File
3(e)
SIGNATURE AUTHORIZATION FORM
FOR GRANT/LOAN RECIPIENTS
Department of Ecology
Water Quality Program
PO Box 47600
Olympia, WA 98504-7600
W.A 5 F I M G T u f p
G s 7 A T E Phone: (360) 407-6600
OEEFnTJ. i OF
E C 0 L 0 G Y FAX. (360)407-7151
Name of Organization Date Submitted
City of Pasco March 20, 2007
Project Title Agreement Number
Pasco Stormwater Phase IT G0700044
Implementation
AUTHORIZING SIGNATORY
Signature Print Title/Term of Office
Joyce Olson Mayor
AUTHORIZED TO SIGN AGREEMENT AMENDMENTS
Signature Print Title
Robert J. Alberts Public Works Director
AUTHORIZED TO SIGN REQUEST FOR REIMBURSEMENT
Signature Print Title
Robert J. Alberts Public Works Director
ECY 070-206(Rev. 01/2006) Ecology is an equal opportunity agency.
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STATE OF WASHINGTON RECEIVED
DEPARTMENT OF ECOLOGY
PO Box 47600 • Olympia, WA 98504-7600 • 360-407-6000 FEB 2 ZOO
TTY 711 or 800-833-6388 (for the speech or hearing impaired) PUBLIC WORKS NO.I
February 21, 2007
Mr. Doyle L. Heath, P.E.
Utility Engineer
City of Pasco
PO Box 293
Pasco, WA 99301
Re: Phase II Municipal Stormwater Grants Program
Ecology Grant Agreement No. G0700044
Dear Mr. Heath:
Enclosed are three unsigned copies of the above-referenced agreement between the Department
of Ecology and the City of Pasco for the Pasco Stormwater Phase II Implementation project.
Please carefully review the grant agreement including the project scope of work, budget, and
special conditions and if all is acceptable, have Robert Alberts sign the enclosed three originals
of the grant agreement,then return all three to me. One fully-executed original will be returned
to you after signature by our Program Manager.
This agreement will be final upon the date of signature by the Water Quality Program Manager.
Once effective, costs may be incurred against the project.
Also enclosed is a Signature Authorization Form. Please have all necessary staff sign and then
return to me.
If you should have any questions,please call me at (360)407-6541.
Sincerely,
4ia abroo k
Grant and Loan Financial Manager
Water Quality Program
Enclosures
cc: David Duncan, Ecology, ERO/WQ
s 10
PHASE II MUNICIPAL STORMWATER GRANTS PROGRAM
GRANT AGREEMENT
BETWEEN THE
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND THE
CITY OF PASCO
THIS is a binding agreement entered into, by, and between the state of Washington Department
of Ecology, hereinafter referred to as the "DEPARTMENT", and the City of Pasco,hereinafter
referred to as the RECIPIENT. The purpose of this agreement is to provide funds to the
RECIPIENT to carry out the requirements described herein.
PART I. GENERAL INFORMATION
Project Title: Pasco Stormwater Phase II Implementation
Grant Number: G0700044
RECIPIENT Name: City of Pasco
Mailing Address: P.O. Box 293
Street Address: 525 North 3`d Avenue
Pasco, WA 99301
RECIPIENT Contact: Doyle L. Heath, P.E, Utility Engineer
Robert J. Alberts, P.E.,Public Works Director
Telephone Number: (509) 545-3444
Fax Number: (509) 543-5737
E-Mail Address: heathd @ci.pasco.wa.us
RECIPIENT Billing Contact: Robert J. Alberts, P.E., Public Works Director
Telephone Number: (509) 543-5738
Fax Number: (509) 543-5737
E-Mail Address: valdezj @ci.pasco.wa.us
RECIPIENT Federal ID Number: 91-6001264
DEPARTMENT Project Manager: David J. Duncan
Mailing Address: Washington State Dept. of Ecology
Street Address: 4601 North Monroe Street
Spokane, WA 99205-1295
Telephone Number: (509) 329-3554
Fax Number: (509) 329-3570
E-Mail Address: ddun461 @ecy.wa.gov
Pasco Stormwater Phase II Implementation
City of Pasco
Grant No. G0700044
DEPARTMENT Financial Manager: Lori Eastabrook
Mailing Address: Water Quality Program
Washington State Department of Ecology
P.O. Box 47600
Olympia, WA 98504-7600
Telephone Number: (360)407-6541
Fax Number: (360)407-7151
E-Mail Address: loea461 @ecy.wa.gov
DEPARTMENT Funding Source: Stormwater Phase II Local Toxics Control Account
(FY06)
Total Cost: $75,000
Total Eligible Cost: $75,000
DEPARTMENT Share: $75,000
RECIPIENT Share: $0
DEPARTMENT Maximum Percentage: 100 percent
The effective date of this grant agreement shall be the date this agreement is signed by the
DEPARTMENT's Water Quality Program Manager. Any work performed prior to the effective
date of this agreement will be at the sole expense and risk of the RECIPIENT.
This agreement shall expire no later than December 31,2009.
PART II. PERFORMANCE MEASURES
A. Post Project Assessment: The RECIPIENT agrees to submit a brief survey regarding the
key project results or water quality project outcomes and the status of eventual
environmental results or goals from the project.
The DEPARTMENT's Performance Measures Lead will e-mail the RECIPIENT the Post
Project Assessment Survey approximately sixty(60) days prior to the Post Project
Assessment Date. An example of the Post Project Assessment Survey is included as
Attachment,1. This form is to be completed by the RECIPIENT and sent as an e-mail
attachment to the DEPARTMENT's Project Manager and the DEPARTNIENT's Water
Quality Program Performance Measures Lead.
The DEPARTMENT may conduct on-site interviews and inspections, and may otherwise
evaluate the Project. The DEPARTMENT will enter the information provided into its
Page 2 of 10
Pasco Stormwater Phase II Implementation
City of Pasco
Grant No. G0700044
performance measures database to be provided to the Washington State Legislature,
United States Environmental Protection Agency, and other natural resource agencies.
The Performance Measures Lead will be available as needed during negotiations,
throughout the project, and in the post project assessment period as a resource.
Post Project Assessment Date: December 31,2011
B. Water Quali Goal: Regulatory compliance achieved to address the National Pollutant
Discharge Elimination System(NPDES) Phase II Municipal Stormwater Permit
requirements.
C. Outcomes: The outcome of this project is to help ensure that the RECIPIENT is in
compliance with the implementation schedule of the NPDES Phase II Municipal
Stormwater Permit.
D. Project Milestones:
I. Implement a public education and outreach program.
2. Develop a stormwater management plan.
3. Provide staff training.
4. Develop stormwater management procedures.
PART III. PROJECT DESCRIPTION
The RECIPIENT will initiate the implementation of the National Pollutant Discharge
Elimination System and State Waste Discharge General Permit for Discharges from Small
Municipal Separate Storm Sewers in Eastern Washington.
The RECIPIENT will implement and establish best management practices (BMPs)as a part of
the six (6) minimum control measures in the Permit. This includes a wide variety of tasks such
as training of employees,writing and updating plans and/or the municipal code, implementation
of plans and/or the municipal code (i.e., field work and paperwork),and various capital items
including, for example, source control activities,public education materials, or other similar
items.
Page 3of10
Pasco Stormwater Phase II Implementation
City of Pasco
Grant No. G0700044
PART IV. PROJECT BUDGET
Pasco Stormwater Phase II Implementation
ELEMENTS TOTAL ELIGIBLE
COST (TEC)*
Task I —Project Administration/Management $ 5,000
Task 2—Public Education and Outreach $10,000
Task 3 —Develop a Stormwater Management Plan $40,000
Task 4—Provide Staff Training $10,000
Task 5 —Develop Stormwater Management Procedures $10,000
Total $75,000
* The DEPARTMENT's Fiscal Office will track to the Total Eligible Project Cost.
MATCHING REQUIREMENTS (There are no matching requirements in this program)
DEPARTMENT Share FY 06 (100%of TEC) $75,000
(Washington State Legislative 2005-07 Capital Budget,Section 325(3))
Payment Request Submittals. Payment requests shall not be submitted more often than monthly,
unless allowed by the DEPARTMENT's Financial Manager. The DEPARTMENT's Financial
Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and
timely use of funds.
Payment Schedule. Payments will be made on a cost-reimbursable basis.
PART V. SCOPE OF WORK
The RECIPIENT shall ensure that this project is completed according to the details of this
agreement. The RECIPIENT may elect to use its own forces or it may contract for professional
services necessary to perform and complete project related work. The RECIPIENT certifies by
signing this agreement that all applicable requirements have been satisfied in the procurement of
any professional services. Eligible and ineligible project costs are separate and identifiable for
Page 4 of 10
Pasco Stormwater Phase II Implementation
City of Pasco
Grant No. G0700044
billing purposes. The RECIPIENT shall submit a copy of the final negotiated agreement(s)to the
DEPARTMENT's Financial Manager.
Task 1 -Proiect Administration/Management
A. The RECIPIENT shall administer the project. Responsibilities shall include,but not be
limited to: maintenance of project records; submittal of payment vouchers, fiscal forms,
and progress reports; compliance with applicable procurement, contracting, and interlocal
agreement requirements; attainment of all required permits,licenses, easements, or
property rights necessary for the project; and submittal of required performance items.
B. The RECIPIENT shall manage the project. Efforts shall include conducting,
coordinating, and scheduling project activities and assuring quality control. Every effort
will be made to maintain effective communication with the RECIPIENT's designees,the
DEPARTMENT, all affected local, state, or federal jurisdictions, and/or any interested
individuals or groups. The RECIPIENT shall carry out this project in accordance with
any completion dates outlined in this agreement.
C. The RECIPIENT shall submit all invoice voucher submittals and supportive
documentation,to the DEPARTMENT's Financial Manager. Invoice voucher submittals
shall include a State of Washington Invoice Voucher Form A19-1A,Form B2 (ECY
060-7), Form C2 (ECY 060-9), and Form D (ECY 060-11). Form G(ECY 060-14),
Form E (ECY 060-12), Form F (ECY 060-13),Form H (F-21), and Form I(ECY 060-15)
must be completed where eligible costs have been incurred. Copies of all applicable
forms shall be included with an original A19-1A, and shall be submitted the
DEPARTMENT. Blank forms are found in Administrative Requirements for Recipients
of Ecology Grants and Loans.
D. The RECIPIENT shall submit to the DEPARTMENT's Project Manager the following
documents and in the quantities identified:
• Draft project completion reports—three copies
• Final project completion reports—seven copies
• Electronic copy of final project completion report
The RECIPIENT shall submit two copies of any document(s)which require
DEPARTMENT approval. Once approval is given, one copy will be returned to the
RECPIPIENT. If the RECIPIENT needs more than one approved copy,the number of
submittals should be adjusted accordingly.
Page 5 of 10
Pasco Stormwater Phase II Implementation
City of Pasco
Grant No. G0700044
E. Required Performances:
1. Effectively administer and manage this grant project.
2. Maintain all project records.
3. Submit all required performance items, progress reports, financial vouchers, and
maintenance of all project records.
Task 2—Public Education and Outreach
A. Provide public education and outreach to the public,businesses, engineers, and
contractors about the importance of improving water quality, preventing illicit discharges,
the minimum technical requirements identified in Appendix I of the NPDES Permit(the
Permit) for Eastern Washington, and the requirements of the Stormwater Management
Manual for Eastern Washington including the Best Management Practices(BMPs)within
the first three years of the Permit.
B. Required Performance:
1. The RECIPIENT shall provide the DEPARTMENT's Project Manager with one
(1)copy of any tangible educational products developed under this grant, such as
brochures, manuals,pamphlets, videos, audio tapes, CDs, curriculum,posters,
media announcements or gadgets, such as a refrigerator magnet with a message.
The RECIPIENT shall also supply the DEPARTMENT with the names and
contact information of local project leads, and a computer file copy of an
education product either on floppy disks or CD-ROM. If this is impractical, as in
the case of a sign, display, website, workshop, or educational program, the
RECIPIENT shall provide a complete description including photographs or
printouts. This includes technical assistance tools if they are disseminated to a
group.
2. The RECIPIENT shall produce all pamphlets, fliers,meeting notices, reports, and
other educational and public outreach materials in English and in Spanish.
Task 3—Develop a Stormwater Management Plan
A. Develop, with public input, and adopt a Stormwater Management Plan by review of the
existing ordinance and making changes as necessary, including escalating enforcement
provisions, within two years of the Permit issuance.
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Pasco Stormwater Phase II Implementation
City of Pasco
Grant No. G0700044
B. Required Performance:
Provide the Stormwater Management Plan to the public via the RECIPIENT's website by
May 31, 2008, and update as changes are made.
Task 4—Provide Staff Training
A. Provide information for training to engineers,contractors, developers, and provide
training for review staff, planners and other City department employees in relation to their
duties in improving water quality, identifying and preventing illicit discharges and
following the requirements of the Manual and the Permit on the schedule specified in the
Permit.
B. Required Performance:
Provide the DEPARTMENT's Project Manager a copy of the training information.
Task 5—Develop Stormwater Management Procedures
A. Develop and implement procedures for record keeping, assessment, characterization of
areas, investigations, enforcement, reporting of discharge, and annual reporting as
required in the Permit.
B. Required Performance:
Provide the DEPARTMENT's Project Manager with a copy of the stormwater
management procedures.
PART VI. SPECIAL TERMS AND CONDITIONS
A. Commencement of Work. In the event that the RECIPIENT fails to commence work on
the project funded herein within four months after the effective date of this agreement, or
by any date mutually agreed upon in writing for commencement of work, the
DEPARTMENT reserves the right to terminate this agreement.
B. DEPARTMENT Funding Recognition. The RECIPIENT shall acknowledge and inform
the public about DEPARTMENT funding participation in this project through the use of
project signs and/or acknowledgement in published materials and reports, the news
media, or other public announcements. Projects addressing site-specific locations must
utilize appropriately sized and weather-resistant signs. Sign logos are available from the
DEPARTMENT upon request.
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Pasco Stormwater Phase II Implementation
City of Pasco
Grant No. G0700044
C. Meetings/Light Refreshments. The RECIPIENT may spend up to $50 per meeting for
light refreshments associated with this project. The total amount spent for light
refreshments under this agreement cannot exceed $500.
D. Minority and Women's Business Participation. The Office of Minority and Women
Owned Business Enterprises (OMWBE)has established voluntary goals for the
participation of minority- and women-owned business in procurements made with
DEPARTMENT funds. In accordance with the provisions of 1-200, no contract award or
rejection shall be made based on the achievement or non-achievement of the goals.
Achievement of the goal is encouraged; however,the RECIPIENT and all prospective
bidders or persons submitting qualifications must take the affirmative steps set forth in
the grant agreement in procurement. It is a state and national goal to expand
opportunities for minority- and women-owned business enterprise. The RECIPIENT is
therefore encouraged to use minority- and women-owned banks (as defined by
OMWBE). The RECIPIENT agrees to solicit and recruit, to the maximum extent
possible, certified minority-owned (MBE)and women-owned (WBE) businesses in
purchases and contracts initiated after the effective date of this agreement.
In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the
RECIPIENT agrees to utilize the DEPARTMENT's goals for minority- and women-
owned business participation in all bid packages,request for proposals, and purchase
orders. These goals are expressed as a percentage of the total dollars available for the
purchase or contract and are as follows:
Construction/Public Works 10%MBE 6% WBE
Architecture/Engineering 10%MBE 6% WBE
Purchased Goods 8%MBE 4% WBE
Purchased Services 10%MBE 4% WBE
Professional Services 10%MBE 4% WBE
The RECIPIENT and ALL prospective bidders or persons submitting qualifications shall
take the following affirmative steps in any procurement initiated after the effective date of
this agreement:
1. Include qualified minority and women's businesses on solicitation lists.
2. Assure that qualified minority and women's businesses are solicited whenever
they are potential sources of services or supplies.
3. Divide the total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by qualified minority and women's
businesses.
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Pasco Stormwater Phase II Implementation
City of Pasco
Grant No. G0700044
4. Establish delivery schedules, where work requirements permit, which will
encourage participation of qualified minority and women's businesses.
5. Use the services and assistance of the State Office of Minority and Women's
Business Enterprises (OMWBE)and the Office of Minority Business Enterprises
of the U.S. Department of Commerce as appropriate.
By signing this agreement,the RECIPIENT certifies that the above steps were, or will be
followed. Any contractor engaged by the RECIPIENT under this agreement shall be
required to follow the above'five affirmative steps in the award of any subcontract(s).
The RECIPIENT shall report to the DEPARTMENT at the time of submitting each
invoice, on forms provided by the DEPARTMENT, payments made to qualified firms.
The report will address:
1. Name and state OMWBE certification number of any qualified firm receiving
funds under the voucher, including any sub-and/or sub-subcontractors.
2. The total dollar amount paid to qualified firms under this invoice.
E. Progress Reports. The RECIPIENT shall prepare and submit quarterly progress reports to
the DEPARTMENT's Financial Manager. Progress reports shall be submitted regardless
of whether work is performed or not. Progress reports shall cover the periods January 1
through March 31, April 1 through June 30, July 1 through September 30, and October 1
through December 31. The DEPARTMENT will not process payment requests until the
corresponding progress reports have been received.
At a minimum,progress reports must contain a comparison of actual accomplishments to
the objectives established for the period, the reasons for the delay if established objectives
were not met, analysis and explanation of any cost overruns, and any additional pertinent
information specified in this agreement.
PART VII. ALL WRITINGS CONTAINED HEREIN
This agreement,the appended GENERAL TERMS AND CONDITIONS,the DEPARTMENT's
current edition of Administrative Requirements for Recipients of Ecology Grants and Loans
("Yellow Book'), and the Phase HMunicipal Stormwater Management Grants -Program
Guidelines FY 2006 contain the entire understanding between the parties, and there are no other
understandings or representations other than as set forth or incorporated by reference, herein. No
subsequent modification(s)or amendment(s)of this agreement shall be of any force or effect
unless signed by authorized representatives of the RECIPIENT and DEPARTMENT and made a
part of this agreement,EXCEPT that in response to a request from the RECIPIENT,the
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Pasco Stormwater Phase II Implementation
City of Pasco
Grant No. G0700044
DEPARTMENT may redistribute the grant budget. The DEPARTMENT or RECIPIENT may
change their respective staff contacts without the concurrence of either party.
IN WITNESS WHEREOF, the parties hereby execute this Grant:
STATE OF WASHINGTON CITY OF PASCO
DEPARTMENT OF ECOLOGY PUBLIC WORKS DEPARTMENT
DAVID C. PEELER DATE ROBERT J. ALBERTS DATE
WATER QUALITY PROGRAM MANAGER PUBLIC WORKS DIRECTOR
APPROVED AS TO FORM ONLY
ASSISTANT ATTORNEY GENERAL
(Revised 8/17/05)
Page 10 of 10
Pasco Stormwater Phase II Implementation
City of Pasco
Grant No. G0700044
ATTACHMENT 1
WATER QUALITY PROGRAM- FINANCIAL MANAGEMENT
POST PROJECT ASSESSMENT SURVEY
1. Agreement Number:
2. Recipient Name:
3. Project Name:
4. Years Since Project Completion:
❑ Three ❑ Four ❑ Five ❑ Other(please specify):
5. Contact Information:
Contact Name:
Contact Phone Number:
Contact E-mail Address:
6. Level of Involvement by Present Contact on Project:
7. Type of Project(check both if applicable): ❑ Activity ❑ Facility
8. Financing:
Total Project Cost:
Total Eligible Project Cost:
Ecology Loan Amount:
If Applicable, Ecology Grant Amount:
9. Water Quality and/or Compliance Problem:
ATTACHMENT 1 - Page 1 of 2
Pasco Stormwater Phase II Implementation
City of Pasco
Grant No. G0700044
10. Describe the Most Critical Specific "Project Result(s)"or"Outcome(s)" actually achieved by
the Project:
11. Provide documentation(including digital color pictures) that evidence the continued
maintenance and effectiveness of the Project at the time of this survey:
12. Check the Eventual Environmental Result(s) or Goal(s) substantively addressed or achieved by
the Project:
❑ Designated beneficial uses restored or protected, and/or
❑ Regulatory compliance achieved, and/or
❑ Severe Public Health Hazard or Public Health Emergency eliminated.
13. Describe the status of the Eventual Environmental Result(s) or Goal(s) at the time of this
assessment:
14. Describe subsequent work and ongoing efforts needed to achieve the Eventual Environmental
Result(s) or Goal(s)by you and others in the area:
ATTACHMENT 1 - Page 2 of 2
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
the Department of Ecology
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT
and RECIPIENT's employees. The RECIPIENT shall not assign or subcontract performance to others
unless specifically authorized in writing by the DEPARTMENT.
B. SUBGRANTEEICONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and
conditions of this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to
this agreement, the state of Washington is named as an express third-party beneficiary of such
subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering
services shall be awarded through a competitive process, if required by State law. RECIPIENT shall
retain copies of all bids received and contracts awarded,for inspection and use by the DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned
by the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws,
orders, regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the necessary
approvals and permits required by authorities having jurisdiction over the project, provide assurance to
the DEPARTMENT that all approvals and permits have been secured, and make copies available to the
DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all
Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees
to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the
maximum extent possible. The RECIPIENT shall report to the DEPARTMENT the percent of grant/loan
funds available to women or minority owned businesses.
3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws,
regulations, and policies of the United States and the State of Washington which affect wages,and job
safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state
industrial insurance requirements. If the RECIPIENT fails to comply with such laws,the DEPARTMENT
shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or otherwise
involved in this project to give up any part of the compensation to which he/she is otherwise entitled or,
receive any fee, commission or gift in return for award of a subcontract hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to this
agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or
object.
All grant/loan records shall be kept in a manner which provides an audit trail for all
expenditures. All records shall be kept in a common file to facilitate audits and inspections.
1
Engineering documentation and field inspection reports of all construction work
accomplished under this agreement shall be maintained by the RECIPIENT.
2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by
any duly authorized audit representative of the State-of Washington for a period of at least three years
after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits
identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make
adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be made
available to the DEPARTMENT and to any authorized state, federal or local representative for inspection
at any time during the course of this agreement and for at least three years following grant/loan
termination or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local
Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A-133,
if the RECIPIENT expends$300,000 or more in a year in Federal funds. The $300,000 threshold for
each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a
copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the
DEPARTMENT within ninety(90)days of the date of the audit report.
I. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request
or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing
to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability
to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the
action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation.
Payments may be withheld if required progress reports are not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30,
July 1 through September 30, and October 1 through December 31. Reports shall be due within twenty
(20)days following the end of the quarter being reported.
J. COMPENSATION
1. Method of compensation. Payment shall normally be made on a reimbursable basis as
specified in the grant agreement and no more often than once per month. Each request for payment will
be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along
with documentation of the expenses. Payments shall be made for each task/phase of the project, or
portion thereof,as set out in the Scope of Work when completed by the RECIPIENT and certified as
satisfactory by the Project Officer.
The payment request form and supportive documents must itemize all allowable costs by
major elements as described in the Scope of Work. Instructions for submitting the payment requests are
found in "Administrative Requirements for Ecology Grants and Loans", part IV, published by the
DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests
are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee.
Payment requests shall be submitted to the DEPARTMENT and directed to the Project
Officer assigned to administer this agreement.
2. Budget deviation. Deviations in budget amounts are not allowed without written
amendment(s)to this agreement. Payment requests will be disallowed when the RECIPIENT's request for
reimbursement exceeds the State maximum share amount for that element, as described in the Scope of
Work.
3. Period of Compensation. Payments shall only be made for action of the RECIPIENT
pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration
date of this agreement, unless those dates are specifically modified in writing as provided herein.
4. Final Request(s)for Payment. The RECIPIENT must submit final requests for
compensation within forty-five(45) days after the expiration date of this agreement and within fifteen (15)
days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement.
- - 2
5. Performance Guarantee. The DEPARTMENT may withhold.an amount not to exceed ten
percent(10%)of each reimbursement payment as security for the RECIPIENT's performance and a
financial bond. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the
project(s)described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole
discretion, such payment is reasonable and approved according to this agreement and, as appropriate,
upon completion of an audit as specified under section J.6. herein.
6. Unauthorized Expenditures. All payments to the RECIPIENT shall be subject to final
audit by the DEPARTMENT and any unauthorized expenditure(s)charged to this grant/loan shall be
refunded to the DEPARTMENT by the RECIPIENT.
7. Mileage and Per Diem. If mileage and per diem are paid to the employees of the
RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state
employees.
8. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided
for in the Scope of Work hereunder.
K. TERMINATION
1. For Cause. `rhe obligation of the DEPARTMENT to the RECIPIENT is contingent upon
satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event
the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required
of it by this agreement,the DEPARTMENT may refuse to pay any further funds thereunder and/or
terminate this agreement by giving written notice of termination.
A written notice of termination shall be given at least five working days prior to the
effective date of termination. In that event, all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under
this agreement, at the option of the DEPARTMENT, shall become Department property and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the
DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of
any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the
purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the
RECIPIENT is determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent
on the availability of state and federal funds through legislative appropriation and state allotment. When
this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the
appropriation of funds during the.next fiscal year. The failure to appropriate or allot such funds shall be
good cause to terminate this agreement as provided in paragraph K.1 above.
When this agreement crosses the RECIPIENT's fiscal year, the'obiigation of the
RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation
of funds by the RECIPIENT's governing body; Provided, however, that nothing contained herein shall
preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in
accordance with Section O herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the
project funded herein within four months after the effective date of this agreement, or by any date
mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to
terminate this agreement.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach
of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as
a modification of the terms of this agreement unless stated as such in writing by the authorized
representative of the DEPARTMENT.
3
.I
I
M. PROPERTY RIGHTS .
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or
invents any patentable property, the RECIPIENT may copyright or patent the same but the
DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover
or otherwise use the material(s)or property and to authorize others to use the same for federal, state or
local government purposes.
Where federal funding is involved, the federal government may have a proprietary
interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C.
200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or
publish information of the DEPARTMENT; present papers, lectures, or seminars involving information
supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs,
brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENT's current edition of"Administrative
Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and
personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence
of state, federal statute(s), regulation(s), or policy(s)to the contrary or upon specific instructions with
respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides
personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to
the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or
damaged while in the RECIPIENTs possession, the DEPARTMENT shall be reimbursed in cash or by
setoff by the RECIPIENT for the fair market value of such property.
5. Acquisition Projects. The following provisions shall apply if the project covered by this
agreement includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT
shall establish that the cost of land/or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire
title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may
include title insurance policies,Torrens certificates, or abstracts, and attorney's opinions establishing that
the land is free from.any impediment, lien, or claim which would impair the uses contemplated by this
agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet, the
RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed
pursuant to this agreement to uses other than those for which assistance was originally approved without
prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the
DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance
which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction
costs of such property.
N. RECYCLEDIRECYCLABLE PAPER
All documents and materials published under this agreement shall be produced on recycled
paper containing the highest level of post consumer and recycled content that is available. At a minimum,
paper with 10 percent post consumer content and 50 percent recycled content shall be used. Whenever
possible, all materials shall be published on paper that is unbleached or has not been treated with
chlorine gas and/or hypochlorite.
As appropriate, all materials shall be published on both sides of the paper and shall minimize the
use of glossy or colored paper and other items which reduce the recyclability of the document.
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent
upon satisfactory performance of this agreement including the satisfactory completion of the project
described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations
required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required
4
to repay to the DEPARTMENT all grant1loan funds disbursed to the RECIPIENT for those parts of the
project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform.
Interest shall accrue at the rate of twelve percent(12%)per annum from the time the
DEPARTMENT demands repayment of funds. If payments have been discontinued by the
DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated
to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired
under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property
and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of
such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by the
RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer
or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is
a dispute with regard to the extent and character of the work to be done, the determination of the Project
Officer or other designated official as to the extent and character of the work to be done shall govern.
The RECIPIENT shall have the right to appeal decisions as provided for below_
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact arising
under this agreement which is not disposed of in writing shall be decided by the Project Officer or other
designated official who shall provide a written statement of decision to the RECIPIENT. The decision of
the Project Officer or other designated official shall be final and conclusive unless, within thirty days from
the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the
DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the
opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or
duly authorized representative for the determination of such appeals shall be final and conclusive.
Appeals from the Director's determination shall be brought in the Superior Court of Thurston County.
Review of the decision of the Director will not be sought before either the Pollution Control Hearings
Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT
shall proceed diligently with the performance of this agreement and in accordance with the decision
rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who exercises any
function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any
decision which affects his/her personal interest or the interest of any corporation, partnership or
association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or
pecuniary interest, direct or indirect, in this agreement or the proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries,
consultant's fees, and other costs related to the project described herein, except as provided in the Scope
of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each party
shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons
or property arising from the negligent act or omission of that party or that party's agents or employees
arising out of this agreement.
T. GOVERNING LAW
This agreement shall be govemed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by reference
shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be
given effect without the invalid provision,and to this end the provisions of this agreement are declared to
be severable.
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V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and
State statutes and regulations; (b)Scope of Work; (c)Special Terms and Conditions; (d)Any terms
incorporated herein by reference including the"Administrative Requirements for Ecology Grants and
Loans";and (e)the General Terms and Conditions.
SS-010 Rev. 05/02
6
GENERAL FUND OPERATING STATEMENT
THROUGH FEBRUARY 2007
CASH BASIS
YfD %OF YTD TOTAL %OF
2007 2007 ANNUAL 2006 2006 TOTAL
ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL
REVENUE SOURCES:
TAXES:
PROPERTY 52,345 5,205,000 1.0% 44,147 4,735,371 0.9%
SALES 1,423,533 7,071,300 20.1% 1,260,904 8,063,165 15.6%
UTILITY 1,198,095 6,350,000 18.9% 1,195,172 6,749,649 17.7%
OTHER 200,808 945,000 21.2% 250,428 806,606 31.0%
LICENSES&PERMITS 446,816 957,100 46.7% 493,570 1,912,608 25.8%
INTERGOV'T REVENUE 90,184 1,544,500 5.8% 42,333 1,344,257 3.1%
CHARGES FOR SERVICES 419,179 2,549,340 16.4% 448,009 2,424,454 18.5%
FINES & FORFEITS 127,322 721,000 17.7% 105,196 796,721 13.2%
MISC. REVENUE 140,409 728,800 19.3% 128,000 973,277 13.2%
OTHER FIN.SOURCES 5,887 135,000 4.4% 6,250 38,030 16.4%
TOTAL REVENUES 4,104,578 26,207,040 15.7% 3,974,009 27,844,138 14.3%
BEGINNING CASH BALANCE 5,880,639 6,000,000 6,498,810 6,498,810
TOTAL SOURCES 9,985,217 32,207,040 31.0% 10,472,819 34,342,948 30.5%
EXPENDITURES:
CITY COUNCIL 13,293 106,150 12.5% 15,526 106,376 14.6%
MUNICIPAL COURT 136,400 996,515 13.7% 122,056 977,330 12.5%
CITY MANAGER 97,913 603,550 16.2% 83,778 617,137 13.6%
POLICE 1,824,944 8,809,373 20.7% 1,076,555 8,570,548 12.6%
FIRE 535,644 3,539,260 15.1% 769,923 3,848,386 20.0%
ADMIN &COMMUNITY SVCS 557,368 4,706,185 11.8% 561,718 4,553,616 12.3%
COMMUNITY DEVELOPMENT 146,155 1,070,450 13.7% 155,066 1,304,942 11.9%
ENGINEERING 166,936 1,080,730 15.4% 135,801 1,206,579 11.3%
MISC. NON-DEPARTMENT 457,318 5,642,855 8.1% 642,797 6,336,432 10.1%
LIBRARY 176,405 1,030,000 17.1% 152,593 940,963 16.2%
TOTAL EXPENDITURES 4,112,376 27,585,068 14.9% 3,715,813 28,462,309 13.1%
ENDING FUND BALANCE 4,621,972 5,880,639
TOTAL EXPEND AND END FUND BAL 32,207,040 34,342,948
AVAILABLE CASH BALANCE 5,872,841 6,757,006
PERCENTAGE OF BUDGET ALLOCATED FOR 2 MONTHS 16.7%
• Authorized but non-budget expenditures of $30,546 (cumulative)which will effectively reduce the
ending fund balance.
These statements have been adjusted to the Cash Basis of Accounting to provide an available cash balance
at month end. The City's CAFR is prepared using the Accrual Basis of Accounting.
These statements are intended for Management use only. 6(b)
AGENDA REPORT NO. 26
FOR: City Council DATE: 3/ 13/07
TO: Gary Crutchfield, City Manager WORKSHOP:
Richard J. Smith, Director REGULAR: 3/ 19/07
Community and Economic Development
FROM: David I. McDonald, City Plannei-4 f�
SUBJECT: STREET VACATION- The South 10 feet of East "B" Street from
South Walnut to South Maitland. (MF #VAC-07-001)
I. REFERENCE(SI:
A. Proposed Ordinance and Vicinity Map
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
CONDUCT PUBLIC HEARING:
MOTION: I move to adopt Ordinance No. , vacating the south 10 feet
of East "B" Street from South Walnut Avenue to South
Maitland Avenue and, further, to authorize publication by
summary only.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. Northwest Agricultural Products is in the process of planning an
expansion for an additional warehouse on East "B" Street just west of
Maitland Avenue. To assist with their improvement plans Northwest
Agricultural Products petitioned for the vacation of the south 10 feet for a
portion of East "B" Street.
B. March 19, 2007 was the date set to consider the vacation request.
V. DISCUSSION:
The City Engineer has reviewed the proposed vacation and has no
objection.
The Franklin County PUD has requested the retention of a 10 foot utility
easement.
VI. ADMINISTRATIVE ROUTING:
7(a)
WHEN RECORDED PLEASE RETURN TO:
City of Pasco
Attn: City Planner
525 North 3`d
Pasco, WA 99301
ORDINANCE NO.
AN ORDINANCE VACATING THE SOUTH 10 FEET OF EAST "B"STREET
FROM SOUTH WALNUT AVENUE TO SOUTH MAITLAND AVENUE.
WHEREAS, a qualified petition has been submitted to the City Council of the City of
Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and
WHEREAS, from time to time in response to petitions or in cases where it serves the
general interest of the City, the City Council may vacate rights-of-way; and
WHEREAS, all steps and procedures required by law to vacate said right-of-way have
been duly taken and performed; NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That the South 10 feet of East "B" Street from east right-of-way line of
South Walnut Avenue to west right-of-way line of South Maitland Avenue as depicted in
Exhibit "1" be and the same is hereby vacated subject to the easement retained in
Section 2 below.
Section 2. That the City shall retain an easement and the right to exercise or
grant easements with respect to the vacated right-of-way described in Section 1 above
for the construction, repair and maintenance of public utilities and services.
Section 3. That a certified copy of this ordinance be recorded by the City Clerk of the
City of Pasco in and with the office of the Auditor of Franklin County, Washington.
Section 4. This ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, this 19'' day of March, 2007.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
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AGENDA REPORT
FOR: City Council t February 27, 2007
TO: Gary Crutchfi 1 anager
�._ Regular Mtg.: 3/5/07
FROM: Stan Strebel, A ministrative and Regular Mtg: 3/19/07
Community Services Director ,-
SUBJECT. Ordinance Amending PMC for Disposition of Unclaimed Animals
I. REFERENCE(S):
A. Proposed Ordinance
B. Letter from ACA Management Committee
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
3/5: Discussion
3/19: MOTION: I move to adopt Ordinance No. amending Chapter 8.02 of
the Pasco Municipal Code entitled "Animal Control" and to
authorize publication by summary only.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
A) As outlined in the attached letter, one of the goals with the creation of the Animal
Control Authority in 1998 was to bring the three cities' animal control ordinances
in closer harmony so that the public would be better able to understand the
regulations and enforcement by the animal control contractor would be less
complex. As noted in the attached letter, staff believes that the cities will be
better able to defend claims of arbitrariness in the regulations with greater
uniformity. As each City Council attempts to meet the needs of the community in
passing legislation, the goal of uniformity sometimes gets overlooked. As we will
have a new animal control contractor beginning April 1, ACA staff members of
the three cities recommend that differences in the ordinances be reconciled as
much as possible.
B) The attached chart on Uniform Animal Regulations Recommended by ACA
shows that the only area in which Pasco is at variance with the other two cities is
in holding times for impounded cats without a license. The code currently
requires only a 24 hour hold while Kennewick requires 48 and Richland 72. It is
suggested that 48 hours is a reasonable standard, requiring both Richland and
Pasco to modify their ordinances so that the regulation can be uniform.
C) Staff recommends adoption of the ordinance.
8(a)
ORDINANCE NO.
AN ORDINANCE amending Chapter 8.02 of the Pasco Municipal Code
entitled"Animal Control."
WHEREAS, the City Council of the City of Pasco has determined that a certain
amendment to the Pasco Municipal Code regarding Animal Control is warranted;
NOW, THEREFORE, the City Council of the City of Pasco, Washington, Does
Ordain as follows:
Section 1. That Section 8.02.100 DISPOSITION OF UNCLAIMED ANIMALS of
the Pasco Municipal Code is amended to read as follows:
8.02.100: Disposition of Unclaimed Animals: If(a) an unlicensed cat or cat whose owner cannot
be identified by means of an identicode or other identification implant, is not claimed and
redeemed by its owner within -24 48 hours; or (b) a cat or other animal that is licensed or its
owner is identifiable by means of an identicode or other informational implant is not claimed and
redeemed by its owner within 72 hours, the poundmaster, at his discretion, may place the animal
up for adoption, sell the animal or humanely destroy the animal. For purposes of determining
whether the 72 hours has expired, the following methods shall be used: (a) if the owner is
notified by telephone, time begins when telephone contact was made with the owner by the
poundmaster; (b) if the owner is mailed notice by certified and regular mail, time begins when
the notice was mailed; and, (c) if notice was posted because the owner of the animal could not be
readily determined by the poundmaster, time begins when the poundmaster posted the notice at
the animal control agency in a conspicuous location.
Section 2. This ordinance shall take effect and be in force from and after its passage
and five days following its publication as required by law.
PASSED by the City Council of the City of Pasco at its regular meeting this day
of March, 2007.
Joyce Olson, Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
March 1, 2007
Bob Hammond, City Manager
City of Kennewick
John Darrington, City Manager
City of Richland
Gary Crutchfield, City Manager
City of Pasco
Gentlemen:
With the formation of the Tri-Cities Animal Control Authority in 1998, one goal was to try to bring the
various city animal regulations into greater harmony so that the enforcement of such regulations, by a
single contractor, could be facilitated, and the task of educating the public on the different requirements
could be done more efficiently and effectively. As we approach the beginning of a new Animal Control
Contract, to begin April 1, we, as the representatives of the three cities for the ACA operations
committee, would like to recommend that the three respective City Councils adopt some fairly simple
amendments to their respective city codes to bring about the uniformity that was originally sought.
Of course,the individual needs of each city are usually paramount in enacting legislation. For example,
Kennewick has recently elected to eliminate animal license fees in contrast to Pasco and Richland and
Richland has elected to not classify pit bulls as "potentially dangerous"as Pasco and Kennewick have
previously done. Laying aside these differences,which have been so recently addressed by the Councils,
we believe the public,the animal control contractor and each individual city will be better served if there
is greater uniformity in the remaining regulations. There is no question that our new contractor will have
a less confusing task if we can simply these rules. Additionally,our recent experience in the Wolverton
lawsuit suggests that the cities may be in a much better position to defend claims of arbitrariness if our
regulations are more uniform.
The attached sheet represents the primary differences in the regulations that each city currently has
enacted. We have taken the liberty of making suggestions on the most reasonable position for all three
cities to take in order to bring about greater uniformity. You will note that the recommendations are
generally made to favor the existing majority position, if two of the cities are consistent, and to balance
the give and take between the changes for each of the cities.
We believe that action of the Managers to recommend, and the Councils to implement these changes (or
others as agreeable to all of the cities)will result in a greater ability for the public to understand our
animal control laws and for the contractor to perform the necessary services as effectively and efficiently
as possible. Thank you.
Sincerely,
Tim Harris Ron Musson Stan Strebel
Encl.
Uniform Animal Regulations Recommended by ACA
Pasco Kennewick Richland
Fees / Hold times:
Penalty(Citation)
First offense $50 $50 $30 5
Second offense $100 $100 $50 1�9
Third offense $200 $200 $74 2-QQ
Four or more $400 $400 $400 4Q
Impound Fees
First $35 $40 $35
Second $50 $50 $50
Three or more $100 $100 $100
Hourly hold times for
animals
Cats w/o license 34 48 7-2
Cats and dogs 72 72 72
10-day Temporary
License yes n/a y
AGENDA REPORT
FOR: City Council n February 27, 2007
TO: Gary Crutchfi 1
V anager
Regular Mtg.: 3/5/07
FROM: Stan Strebel, ministrative and Regular Mtg: 3/19/07
Community Services Direc ,► C
SUBJECT: Amendment to Interlocal Cooperative Agreement for Animal Control,
Designation of City of Pasco as Operating Jurisdiction
I. REFERENCE(S):
A. Proposed Amendment No. 1 to Interlocal Cooperative Agreement
B. Proposed Operating Jurisdiction Agreement
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
3/5: Discussion
3/19: MOTION: I move to approve Amendment No. 1 to the Interlocal Cooperative
Agreement between the cities of Richland, Pasco and Kennewick,
Washington for Animal Control.
MOTION: I move to approve the Operating Jurisdiction Agreement for the Animal
Control Authority and to authorize the Mayor and the City Manager to
execute the agreement.
III. FISCAL IMPACT:
The estimated cost to provide ongoing Operating Jurisdiction services for the Animal Control
Authority is $16,000 per year. As the designated Operating Jurisdiction,the City of Pasco would
be reimbursed two thirds of this cost($10,666), half each by the City of Richland and the City of
Kennewick, annually. Legal expenses would be split three ways between the three cities as
incurred.
IV. HISTORY AND FACTS BRIEF:
A) In 1998 the cities of Kennewick, Pasco and Richland entered into an Interlocal
Cooperative Agreement for animal control services. (Pasco was designated as the
original operating jurisdiction and served for three years. Each of the other cities has
also served a three year term as operating jurisdiction.) The Interlocal agreement was
amended in 2005 to designate the operating jurisdiction for the ACA on a rotational basis
through 2012.
B) Staffs of the three cities have jointly discussed the effectiveness of this arrangement and
have come to the conclusion that the best interest of animal control services in the Tri-
Cities is not served by rotating the overall administrative responsibility. There is lack of
continuity as the responsibility shifts from one jurisdiction to another. There is some
retraining that must be done with each transition and some items that should be
addressed are not taken care of as each jurisdiction looks to the next operating
jurisdiction to take responsibility for such items:
C) Because each city has now had a three year term as operating jurisdiction (Pasco's term
is scheduled to begin this year) it seems an appropriate time to designate an ongoing
operating jurisdiction. Pasco staff has proposed that the City would undertake this
responsibility on an ongoing basis per the attached agreement and the proposed fee
schedule.
D) It is proposed to amend the Interlocal Cooperative Agreement to identify the Operating
Jurisdiction via separate agreement and to delete the references to the operating
jurisdiction assignments through 2012. The draft amendment is attached for Council's
review. Staff recommends the approval of the amendment as well as the agreement
designating Pasco as the Operating Jurisdiction for animal control.
10(a)
AMENDMENT NO. 1 TO
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITIES OF
RICHLAND, PASCO, KENNEWICK WASHINGTON FOR ANIMAL CONTROL
THIS AMENDMENT to that certain Interlocal Cooperative Agreement which is dated
the 23rd day of August, 2005, among the City of Kennewick, Washington; Pasco, Washington;
and Richland, Washington; all municipal corporations of the State of Washington, is made this _
day of 2007.
WHEREAS, the Cities have, pursuant to Chapter 39.34 R.C.W., the Interlocal
Cooperation Act, agreed to exercise their powers jointly to provide animal control services and
facilities which will best fulfill common needs of the Cities, and;
WHEREAS, the Cities by their respective City Councils, have determined that certain
amendments to the Interlocal Cooperative Agreement are warranted, now, therefore, and in
consideration of the mutual covenants contained therein, it is agreed to amend said Interlocal
Agreement, Section II, Administration, subsection 2.2, "Operating Jurisdiction" is to read as
follows:
2.2 Operating Jurisdiction. By separate agreement, Oone of the Cities shall be designated as
the Operating Jurisdiction for the Tri-City Animal Control Authority. The Operating
Jurisdiction shall be responsible for the day-to-day operations of the Animal Control
Services including the enforcement of the rules, regulations and ordinances of the
participating jurisdictions. All municipal employees, resources and facilities required in
the implementation of the plan shall be employees and assets of the Operating
Jurisdiction. The Operating Jurisdiction will provide all necessary support services for
the implementation of the Animal Control Plan such as accounting, legal services, risk
management and personnel management. The Operating Jurisdiction will manage all
contracts with any independent contractors or other entities for services performed under
the Animal Control Plan and administer all rules, regulations and policies established by
the Management Committee and issue a periodical report to the Management Committee
on the implementation of the Animal Control Plan.
The City of Kemewiek is designated as the Operming itwisdiratien fer-2004 2006; City-af
Passe for 2007 2009; and City of Riehlan 2010 2012
All remaining provisions of the Interlocal Agreement shall remain in full force and effect.
This Amendment approved by the cities, parties to the Interlocal Agreement, the day and year
first written above:
THE CITY OF KENNEWICK:
BY:
James R. Beaver, Mayor
AMENDMENT NO. 1 TO
1NTERLOCAL COOPERATIVE AGREEMENT
TRI-CITY ANIMAL CONTROL SERVICES
Attest:
Valerie J. Loffler, City Clerk
Approved as to form:
John S. Ziobro, City Attorney
THE CITY OF PASCO:
BY:
Joyce Olson, Mayor
Attest:
Debra L. Clark, City Clerk
Approved as to form:
Leland B. Kerr, Attorney
THE CITY OF RICHLAND:
BY:
Robert A. Welch, Mayor
Attest:
Cynthia Johnson, City Clerk
Approved as to form:
Thomas O. Lampson, City Attorney
AMENDMENT NO. 1 TO
INTERLOCAL COOPERATIVE AGREEMENT
TRI-CITY ANIMAL CONTROL SERVICES
STATE OF WASHINGTON )
ss.
County of Benton )
On this day personally appeared before me James R. Beaver, Mayor of the City of
Kennewick, to be known to the individual described in and who executed the within and
foregoing instrument, and acknowledged that he signed the same as his free and voluntary act
and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of ,2007.
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission Expires:
AMENDMENT NO. 1 TO
INTERLOCAL COOPERATIVE AGREEMENT
TRI-CITY ANIMAL CONTROL SERVICES
STATE OF WASHINGTON )
SS.
County of Benton )
On this day personally appeared before me Joyce Olson, Mayor of the City of Pasco,to
be known to the individual described in and who executed the within and foregoing instrument,
and acknowledged that he signed the same as his free and voluntary act and deed for the uses and
purposes therein mentioned.
GIVEN under my hand and official seal this day of , 2007.
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission Expires:
AMENDMENT NO. 1 TO
INTERLOCAL COOPERATIVE AGREEMENT
TRI-CITY ANIMAL CONTROL SERVICES
STATE OF WASHINGTON )
. ss.
County of Benton )
On this day personally appeared before me Robert A. Welch, Mayor of the City of
Richland, to be known to the individual described in and who executed the within and foregoing
instrument, and acknowledged that he signed the same as his free and voluntary act and deed for
the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of , 2007.
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission Expires:
AMENDMENT NO. 1 TO
INTERLOCAL COOPERATIVE AGREEMENT
TRI-CITY ANIMAL CONTROL SERVICES
Operating Jurisdiction Agreement
Animal Control Authority
This Agreement is entered into to be effective the 1 st day of January, 2007 between the City of
Kennewick, the City of Pasco and the City of Richland, all municipal corporations of the State of
Washington and collectively referred to as the Animal Control Authority, hereafter"ACA" and the City
of Pasco, a municipal corporation of the State of Washington, referred to as "Pasco".
WHEREAS, pursuant to the Interlocal Cooperative Agreement for Animal Control as amended,
one of the member cities is required to serve as the Operating Jurisdiction; and
WHEREAS, Pasco agrees to serve as the Operating Jurisdiction under the terms and conditions
set forth herein,
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
agree as follows:
1. Appointment. Pasco shall serve as the Operating Jurisdiction for the ACA pursuant to
Section II, Administration, of the Interlocal Cooperative Agreement for Animal Control.
2. Scope of Services. Pasco shall perform the following services as operating jurisdiction:
a. Maintain a separate fund for the receipt of funds from the ACA cities and for
the payment of expenses for the ACA.
b. Provide administrative oversight to the ACA's contractor for animal control
and sheltering services.
C. Maintain records on ACA owned equipment and inventory, including vehicle
maintenance and replacement accounting.
d. Schedule meetings of the ACA, as needed, including agenda and minute
preparation.
e. Provide legal counsel services to the ACA through its appointed City Attorney.
3. Compensation. Compensation for performing the services of the Operating Jurisdiction,
excluding legal services (2 e.), shall be paid to Pasco on an annual basis as outlined in Exhibit
"A" for the 2007 budget year, pro-rated to reflect a start date of 4/1/07. Compensation for each
subsequent year shall be determined by the parties prior to November 1"of each year, but in no
event shall the total of Operating Jurisdiction compensation exceed four (4) percent of the animal
control and sheltering services contract cost for the respective operating year.
Each of the ACA cities shall be responsible for payment of an equal share of the compensation
for the Operating Jurisdiction. As the Operating Jurisdiction, Pasco shall bill each of the other
ACA cities monthly, in conjunction with the billing for the monthly animal control
contractor payments, 1/36 of the annual compensation as listed in Exhibit"A".
4. Legal Expenses. Legal services expense shall be shared equally between ACA member
cities. Legal services, except for counsel regarding day-to-day administrative and operational
issues, must be pre-approved by the ACA. Pasco shall provide the ACA cities with quarterly
reports and invoices for such expenses.
5. Term. This Agreement shall be effective for a term commencing on January 1, 2007
and expiring on December 31, 2012. Provided however,this agreement shall be automatically
renewed annually thereafter unless any of the Cities gives notice of its intent to terminate its
participation in the Interlocal Agreement or if either party provides notice of its intent to
terminate this agreement. Such notice shall be written and provided at least twelve months
prior to the designated date of withdrawal or termination.
ANIMAL CONTROL AUTHORITY:
THE CITY OF KENNEWICK:
BY: Approved as to form:
James R. Beaver, Mayor
Attest: John S. Ziobro, City Attorney
Valerie J. Loffler, City Clerk
THE CITY OF PASCO:
BY: Approved as to form:
Joyce Olson, Mayor
Attest: Leland B. Kerr, Attorney
Debra L. Clark, City Clerk
THE CITY OF RICHLAND:
BY: Approved as to form:
Robert A. Welch, Mayor
Attest: Thomas O. Lampson, City Attorney
Cynthia Johnson, City Clerk
THE CITY OF PASCO:
BY:
Gary Crutchfield, City Manager