HomeMy WebLinkAbout2007.03.26 Council Special Meeting Packet AGENDA
PASCO CITY COUNCIL
Special Meeting 7:00 p.m. March 26,2007
1. CALL TO ORDER.
2. ROLL CALL
(a) Pledge of Allegiance.
3. BUSINESS ITEMS:
*(a) Local Agency Agreement,Sacagawea Heritage Trail,Phase 2:
1. Agenda Report from Stan Strebel, Administrative &Community Services Director dated
March 21,2007.
2. Resolution.
3. Proposed Agreement.
MOTION: I move to approve Resolution No. , authorizing the City Manager
to execute the Local Agency Agreement with the Washington State Department of
Transportation for funding for the Sacagawea Heritage Trail,Phase 2 Construction Project.
4. ADJOURNMENT.
AGENDA REPORT
FOR: City Council March 21, 2007
TO: Gary Crutch a +anager Special Mtg.: 3/26/07
FROM: Stan Strebel, dim a and Community
Services Directoor
SUBJECT: Local Agency Agreement, Sacagawea
Heritage Trail Phase 2
I. REFERENCE(S):
A. Resolution
B. Proposed Agreement
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
3/26: Discussion
3/26: MOTION: I move to approve Resolution No. authorizing the City Manager
to execute the Local Agency Agreement with the Washington State
Department of Transportation for funding for the Sacagawea
Heritage Trail, Phase 2 construction project.
III. FISCAL IMPACT:
$293,000 Federal Transportation Enhancement Funding for the final link of the Heritage
Trail.
IV. HISTORY AND FACTS BRIEF:
A) The City was awarded Federal Transportation Enhancement Funding in the
amount of$293,000 to assist in the development of the final phase (Cable Bridge
to Port of Pasco)of the Sacagawea Heritage Trail.
B) In order to obligate the funding the City must approve the attached Local Agency
Agreement. Staff recommends approval of the agreement.
C) City funding for this project was approved in the 2005 Capital Budget. As
engineering work is still in progress,project costs are still only estimates.
3(a)
RESOLUTION NO.
A RESOLUTION authorizing the execution of a Local Agency Agreement with the Washington
State Department of Transportation for Federal Aid Project funding for the Sacagawea Heritage Trail
Phase 2.
WHEREAS, the City is recipient of a federal aid project grant in the amount of $293,000, of
Federal Highway Administration funding through the Washington State Department of Transportation;
and
WHEREAS, the City intends to utilize such funding for the development of the Sacagawea
Heritage Trail Phase 2; and
WHEREAS, the City is required to enter into a Local Agency Agreement with the State
Department of Transportation in order to obligate said funding; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
SECTION 1: The City Manager is authorized to execute the Local Agency Agreement with the
Washington State Department of Transportation for the Sacagawea Heritage Trail Phase 2 project.
SECTION 2: City officials and staff are hereby directed and authorized to carry out all
provisions of the agreement and to otherwise make preparations to undertake the project.
PASSED by the City Council of the City of Pasco at a special meeting this 26th day of March
2007.
Joyce Olson, Mayor
ATTEST:
Sandy Kenworthy, Deputy City Clerk
APPROVED AS TO FORM:
Lee Kerr, City Attorney
AdMk
� Washington State Local Agency Agreement
CIAP Department of Transportation
Agency City of Pasco CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
Address 525 N. 3rd Ave. Project No.
Pasco, WA 99301 Agreement No.
For OSC WSDOT Use Only
The Local Agency having complied,or hereby agreeing to comply,with the terms and conditions set forth in(1)Title 23, U.S. Code Highways,(2)the
regulations issued pursuant thereto, (3) Office of Management and Budget Circulars A-102, A-87 and A-133, (4) the policies and procedures
promulgated by the Washington State Department of Transportation, and (5) the federal aid project agreement entered into between the State and
Federal Government, relative to the above project,the Washington State Department of Transportation will authorize the Local Agency to proceed on
the project by a separate notification.Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r,column
3,without written authority by the State,subject to the approval of the Federal Highway Administration.All project costs not reimbursed by the Federal
Government shall be the responsibility of the Local Agency.
Project Description
Name Sacagawea Heritage Trail Ph.2 Length 1.0 mile
Termini Cable Bridge to Port of Pasco adjacent to Columbia River
Description of Work
Continuation of Sacagawea Heritage Trail and lowering of 12-1 levee. This project will include some minor grading and
construction of a pedestrian bike path.
Estimate of Funding
Type of Work (1) (2) (3)
Estimated Total Estimated Agency Estimated
Project Funds Funds Federal Funds
PE a.Agency
% b.Other
c. Other
Federal Aid d. State
Participation
Ratio for PE e. Total PE Cost Estimate a+b+c+d
Right of Way f.Agency
. Other
h. Other
Federal Aid i. State
Participation
Ratio for RW i. Total R/W Cost Estimate f+ +h+i
Construction k.Contract 292,000.00 0.00 292,000.00
I.Other non-participating 607,000.00 607,000.00 0.00
m.Other
n. Other
100 % o.Agency
Federal Aid . State 1,000.00 0.00 1,000.00
Participation
Ratio for CN q.Total CN Cost Estimate k+l+ +n+o+ 900,000.00 607,000.00 293,000.00
r.Total Project Cost Estimate(e+j+q) 900,000.00 607,000.001 293,000.00
Agency Official Washington State Department of Transportation
By By -
Title City Manager Assistant Secretary for Highways and Local Programs
Date Executed
DOT Form 140-039 EF 1
Revised 01/2004
Construction Method of Financing (Check Method Selected)
State Ad and Award
❑Method A-Advance Payment-Agency Share of total construction cost(based on contract award)
❑ Method B-Withhold from gas tax the Agency's share of total construction cost(line 4,column 2)in the amount of
$ at$ per month for months.
Local Force or Local Ad and Award
®Method C-Agency cost incurred with partial reimbursement
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a
condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth
below.Adopted by official action on
Resolution/Ordinance No.
Provisions
I. Scope of Work 1.Preliminary engineering.
The Agency shall provide all the work,labor,materials,and services necessary 2.Right of way acquisition.
to perform the project which is described and set forth in detail in the"Project 3.Project construction.
Description"and"Type of Work."
In the event that right of way acquisition,or actual construction of the road,
When the State acts for and on behalf of the Agency, the State shall be for which preliminary engineering is undertaken is not started by the closing of
deemed an agent of the Agency and shall perform the services described and the tenth fiscal year following the fiscal year in which the agreement is executed,
indicated in"Type of Work"on the face of this agreement, in accordance with the Agency will repay to the State the sum or sums of federal funds paid to the
plans and specifications as proposed by the Agency and approved by the State Agency under the terms of this agreement(see Section IX).
and the Federal Highway Administration.
When the State acts for the Agency but is not subject to the right of control by The Agency agrees that all stages of construction necessary to provide the
the Agency, the State shall have the right to perform the work subject to the initially planned complete facility within the limits of this project will conform
ordinary procedures of the State and Federal Highway Administration. to at least the minimum values set by approved statewide design standards
applicable to this class of highways, even though such additional work is
II. Delegation of Authority financed without federal aid participation.
The State is willing to fulfill the responsibilities to the Federal Government by The Agency agrees that on federal aid highway construction projects, the
the administration of this project.The Agency agrees that the State shall have the current federal aid regulations which apply to liquidated damages relative to the
full authority to carry out this administration. The State shall review, process, basis of federal participation in the project cost shall be applicable in the event
and approve documents required for federal aid reimbursement in accordance the contractor fails to complete the contract within the contract time.
with federal requirements. If the State advertises and awards the contract, the
State will further act for the Agency in all matters concerning the project as VI. Payment and Partial Reimbursement
requested by the Agency.If the Local Agency advertises and awards the project,
the State shall review the work to ensure conformity with the approved plans and The total cost of the project, including all review and engineering costs and
specifications. other expenses of the State, is to be paid by the Agency and by the Federal
Government. Federal funding shall be in accordance with the Transportation
Ill. Project Administration Equity Act for the 21st Century (TEA 21), as amended, and Office of
Certain types of work and services shall be provided by the State on this Management and Budget circulars A-102,A-87 and A-133.The State shall not
project as requested by the Agency and described in the Type of Work above.In be ultimately responsible for any of the costs of the project.The Agency shall be
addition, the State will furnish qualified personnel for the supervision and ultimately responsible for all costs associated with the project which are not
inspection of the work in progress. On Local Agency advertised and awarded reimbursed by the Federal Government. Nothing in this agreement shall be
projects,the supervision and inspection shall be limited to ensuring all work is in construed as a promise by the State as to the amount or nature of federal
conformance with approved plans, specifications,and federal aid requirements. participation in this project.
The salary of such engineer or other supervisor and all other salaries and costs The Agency shall bill the state for federal aid project costs incurred in
incurred by State forces upon the project will be considered a cost thereof. Alt conformity with applicable federal and state laws. The agency shall mimimize
costs related to this project incurred by employees of the State in the customary the time elapsed between receipt of federal aid funds and subsequent payment of
manner on highway payrolls and vouchers shalt be charged as costs of the incurred costs. Expenditures by the Local Agency for maintenance, general
project. administration,supervision,and other overhead shall not be eligible for federal
IV. Availability of Records participation unless an indirect cost plan has been approved by WSDOT.
All project records in support of all costs incurred and actual expenditures The State will pay for State incurred costs on the project.Following payment,
kept by the Agency are to be maintained in accordance with local government the State shall bill the Federal Government for reimbursement of those costs
accounting procedures prescribed by the Washington State Auditor's Office,the eligible for federal participation to the extent that such costs are attributable and
U.S. Department of Transportation, and the Washington State Department of properly allocable to this project.The State shall bill the Agency for that portion
Transportation.The records shall be open to inspection by the State and Federal of State costs which were not reimbursed by the Federal Government (see
Government at all reasonable times and shall be retained and made available for Section IX).
such inspection for a period of not less than three years from the final payment of
any federal aid funds to the Agency.Copies of said records shall be furnished to 1. Project Construction Costs
the State and/or Federal Government upon request. Project construction financing will be accomplished by one of the three
V. Compliance with Provisions
methods as indicated in this agreement.
-
The Agency shall not incur any federal aid participation costs on any
classification of work on this project until authorized in writing by the State for
each classification.The classifications of work for projects are:
DOT Form 140-039 EF 2
Revised 01/2004
Method A—The Agency will place with the State,within(20)days after the X. Traffic Control,Signing, Marking, and Roadway
execution of the construction contract,an advance in the amount of the Agency's Maintenance
share of the total construction cost based on the contract award. The State will
notify the Agency of the exact amount to be deposited with the State.The State The Agency will not permit any changes to be made in the provisions for
will pay all costs incurred under the contract upon presentation of progress parking regulations and traffic control on this project without prior approval of
billings from the contractor. Following such payments, the State will submit a the State and Federal Highway Administration. The Agency will not install or
billing to the Federal Government for the federal aid participation share of the permit to be installed any signs,signals, or markings not in conformance with
cost. When the project is substantially completed and final actual costs of the the standards approved by the Federal Highway Administration and MUTCD.
project can be determined,the State will present the Agency with a final billing The Agency will,at its own expense,maintain the improvement covered by this
showing the amount due the State or the amount due the Agency. This billing agreement,
will be cleared by either a payment from the Agency to the State or by a refund
from the State to the Agency. XI. Indemnity
The Agency shall hold the Federal Government and the State harmless from
Method B— The Agency's share of the total construction cost as shown on and shall process and defend at its own expense all claims,demands, or suits,
the face of this agreement shall be withheld from its monthly fuel tax allotments. whether at law or equity brought against the Agency, State, or Federal
The face of this agreement establishes the months in which the withholding shall Government, arising from the Agency's execution, performance, or failure to
take place and the exact amount to be withheld each month. The extent of perform any of the provisions of this agreement, or of any other agreement or
withholding will be confirmed by letter from the State at the time of contract contract connected with this agreement,or arising by reason of the participation
award. Upon receipt of progress billings from the contractor, the State will of the State or Federal Government in the project,PROVIDED,nothing herein
submit such billings to the Federal Government for payment of its participating shall require the Agency to reimburse the State or the Federal Government for
portion of such billings. damages arising out of bodily injury to persons or damage to property caused by
or resulting from the sole negligence of the Federal Government or the State.
Method C —The Agency may submit vouchers to the State in the format
prescribed by the State, in duplicate, not more than once per month for those XII. Nondiscrimination Provision
costs eligible for Federal participation to the extent that such costs are directly No liability shall attach to the State or Federal Government except as
attributable and properly allocable to this project. Expenditures by the Local
Agency for maintenance,general administration,supervision,and other overhead expressly provided herein.
shall not be eligible for Federal participation unless claimed under a previously The Agency shall not discriminate on the basis of race,color,national origin,
approved indirect cost plan. or sex in the award and performance of any USDOT-assisted contract and/or
The State shall reimburse the Agency for the Federal share of eligible project agreement or in the administration of its DBE program or the requirements of
49 CFR Part 26. The Agency shall take all necessary and reasonable steps under
costs up the amount shown on the face of this agreement.At the time audit, 49 CFR Part 26 to ensure nondiscrimination in the award and administration of
the Agency will provide documentation of all costs incurred on the project.t, USDOT-assisted contracts and agreements. The WSDOT's DBE program,as
required by 49 CFR Part 26 and as approved by USDOT, is incorporated by
The State shall bill the Agency for all costs incurred by the Stale relative to the
reference in this agreement. Implementation of this program is a legal
project. The State shall also bill the Agency for the federal funds paid by the obligation and failure to carry out its terms shall be treated as a violation of this
State to the Agency for project costs which are subsequently determined to be agreement. Upon notification to the Agency of its failure to carry out its
ineligible for federal participation(see Section IX). approved program,the Department may impose sanctions as provided for under
VII. Audit of Federal Consultant Contracts Part 26 and may,in appropriate cases,refer the matter for enforcement under 18
U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C.
The Agency, if services of a consultant are required,shall be responsible for 3801 et seq.).
audit of the consultant's records to determine eligible federal aid costs on the
The report of said audit shall be in the Agency's The Agency hereby agrees that it will incorporate or cause to be incorporated
project. p g cy's files and made into any contract for construction work, or modification thereof, as defined in
available to the State and the Federal Government. the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60,which
An audit shall be conducted by the WSDOT Internal Audit Office in is paid for in whole or in part with funds obtained from the Federal Government
accordance with generally accepted governmental auditing standards as issued by or borrowed on the credit of the Federal Government pursuant to a grant,
the United States General Accounting Office by the Comptroller General of the contract,loan, insurance,or guarantee or understanding pursuant to any federal
United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, program involving such grant, contract, loan, insurance, or guarantee, the
and Agreement Administration;memoranda of understanding between WSDOT required contract provisions for Federal-Aid Contracts(FHWA 1273),located in
and FHWA;and Office of Management and Budget Circular A-133. Chapter 44 of the Local Agency Guidelines.
If upon audit it is found that overpayment or participation of federal money in The Agency further agrees that it will be bound by the above equal
ineligible items of cost has occurred,the Agency shall reimburse the State for the opportunity clause with respect to its own employment practices when it
amount of such overpayment or excess participation(see Section IX). participates in federally assisted construction work: Provided, that if the
applicant so participating is a State or Local Government, the above equal
opportunity clause is not applicable to any agency, instrumentality, or
VIII. Single Audit Act subdivision of such government which does not participate in work on or under
The Agency, as a subrecipient of federal funds, shall adhere to the federal the contract.
Office of Management and Budget (OMB) Circular A-133 as well as all The Agency also agrees:
applicable federal and state statutes and regulations. A subrecipient who
expends $500,000 or more in federal awards from all sources during a given (1) To assist and cooperate actively with the State obtaining the
fiscal year shall have a single or program-specific audit performed for that year compliance of contractors and subcontractors with the equal opportunity clause
and rules,regulations,and relevant orders of the Secretary of Labor.
in accordance with the provisions of OMB Circular A-133. Upon conclusion of
the A-133 audit,the Agency shall be responsible for ensuring that a copy of the (2) To furnish the State such information as it may require for the
report is transmitted promptly to the State. supervision of such compliance and that it will otherwise assist the State in the
discharge of its primary responsibility for securing compliance.
IX. Payment of Billing
The Agency agrees that if payment or arrangement for payment of any of the (3) To refrain from entering into any contract or contract modification
subject to Executive Order 11246 of September 24, 1965, with a contractor
State's billing relative to the project(e.g.,State force work,project cancellation, debarred.from, or who has not demonstrated eligibility for, government
overpayment, cost ineligible for federal participation, etc.) is not made to the contracts and federally assisted construction contracts pursuant to the Executive
State within 45 days after the Agency has been billed, the State shall effect Order.
reimbursement of the total sum due from the regular monthly fuel tax allotments
to the Agency from the Motor Vehicle Fund. No additional Federal project (4) To carry out such sanctions and penalties for violation of the equal
funding will be approved until full payment is received unless otherwise directed opportunity clause as may be imposed upon contractors and subcontractors by
the Assistant Secretary for Highways and Local Programs. the State,Federal Highway Administration,or the Secretary of Labor pursuant
to Part II,subpart D of the Executive Order.
DOT Form 140-039 EF
Revised 01/2004 3
In addition,the Agency agrees that if it fails or refuses to comply with these XV. Venue for Claims and/or Causes of Action
undertakings,the State may take any or all of the following actions: For the convenience of the parties to this contract,it is agreed that any claims
(a) Cancel,terminate,or suspend this agreement in whole or in part; and/or causes of action which the Local Agency has against the State of
Washington, growing out of this contract or the project with which it is
(b) Refrain from extending any further assistance to the Agency under the concerned,shall be brought only in the Superior Court for Thurston County.
program with respect to which the failure or refusal occurred until satisfactory
assurance of future compliance has been received from the Agency;and XVI. Certification Regarding the Restrictions of the Use
of Federal Funds for Lobbying
(c) Refer the case to the Department of Justice for appropriate legal The approving authority certifies, to the best of his or her knowledge and
proceedings. belief,that:
X111. Liquidated Damages (1) No federal appropriated funds have been paid or will be paid,by or on
behalf of the undersigned, to any person for influencing or attempting to
The Agency hereby agrees that the liquidated damages provisions of 23 CFR influence an officer or employee of any federal agency,a member of Congress,
Part 635, Subpart 127, as supplemented, relative to the amount of Federal an officer or employee of Congress,or an employee of a member of Congress in
participation in the project cost, shall be applicable in the event the contractor connection with the awarding of any federal contract,the making of any federal
fails to complete the contract within the contract time. Failure to include grant, the making of any federal loan, the entering into of any cooperative
liquidated damages provision will not relieve the Agency from reduction of agreement, and the extension, continuation, renewal, amendment, or
federal participation in accordance with this paragraph. modification of any federal contract,grant,loan,or cooperative agreement.
XIV. Termination for Public Convenience (2) If any funds other than federal appropriated funds have been paid or will
The Secretary of the Washington State Department of Transportation may be paid to any person for influencing or attempting to influence an officer or
terminate the contract in whole,or from time to time in part,whenever: employee of any federal agency,a member of Congress,an officer or employee
(1) The requisite federal funding becomes unavailable through failure of of Congress,or an employee of a member of Congress in connection with this
appropriation or otherwise. federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit the Standard Form - LLL, "Disclosure Form to Report
(2) The contractor is prevented from proceeding with the work as a direct Lobbying,"in accordance with its instructions.
result of an Executive Order of the President with respect to the prosecution of
war or in the interest of national defense,or an Executive Order of the President (3) The undersigned shall require that the language of this certification be
or Governor of the State with respect to the preservation of energy resources. included in the award documents for all subawards at all tiers (including
subgrants, and contracts and subcontracts under grants, subgrants, loans, and
(3) The contractor is prevented from proceeding with the work by reason of a cooperative agreements)which exceed$100,000,and that all such subrecipients
preliminary, special, or permanent restraining order of a court of competent shall certify and disclose accordingly.
jurisdiction where the issuance of such order is primarily caused by the acts or This certification is a material representation of fact upon which reliance was
omissions of persons or agencies other than the contractor. placed when this transaction was made or entered into. Submission of this
(4) The Secretary determines that such termination is in the best interests of certification as a prerequisite for making or entering into this transaction
imposed by Section 1352,"rifle 31,U.S.Code. Any person who fails to file the
the State. required certification shall be subject to a civil penalty of not less than$10,000
and not more than$100,000 for each such failure.
Additional Provisions
DOT Form 140-039 EF 4
Revised 01/2004
AGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. March 26, 2007
1. CALL TO ORDER
2. VERBAL REPORTS FROM COUNCILMEMBERS:
3. ITEMS FOR DISCUSSION:
(a) Parks System Presentation. (NO WRITTEN MATERIAL ON AGENDA) Presented by Dan
Dotta,Facilities Manager.
(b) Waiver of Utility Service Requirement — United Agri Products Distribution, PMC
Chapter 16.06:
1. Agenda Report from Robert J. Alberts,Public Works Director dated March 20,2007.
2. Vicinity Map.
3. Petition for Utility Service Waiver.
(c) T-Mobile Cell Site License Agreement:
1. Agenda Report from Gary Crutchfield,City Manager dated March 23,2007.
2. Proposed Site License Agreement.
(d) Service Agreement with TRIDEC:
1. Agenda Report from Richard J. Smith, Community & Economic Development Director
dated March 22, 2007.
2. Proposed Agreement.
(e) TRAC Operating Subsidy(2006):
1. Agenda Report from Gary Crutchfield, City Manager dated March 22, 2007.
2. Memorandum from TRAC Manager to City Manager.
4. OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
5. EXECUTIVE SESSION:
(a)
(b)
(c)
6. ADJOURNMENT.
Reminders:
1. 5:00 p.m., Monday, March 26, Port of Benton — Hanford Area Economic Investment Fund Board
Meeting. (COUNCILMEMBER MATT WATKINS,Rep.; JOE JACKSON,Alt.)
AGENDA REPORT NO. 10
i
FOR: City Council DATE: 3/20/07
TO: Gary Crutchfi Manager Workshop: 03/26/07
Regular: 04/02/07
FROM: Robert J. Albe , is orks Director
SUBJECT: Waiver of Utility Service Requirement—United Agri Products Distribution
P.M.C. Chapter 16.06
I. REFERENCE(S):
1. Vicinity Map
2. Petition for Utility Service Waiver
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
3/26/07: Discussion
04/02/07: MOTION: I move to deny the sewer utility waiver as requested by
United Agri Products Distribution.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A. The applicant has requested a sewer waiver in order to use an existing
septic tank system for their business. P.M.C. 16.06 requires connection to the
utility system when a building permit is issued unless such requirement is waived
by action of the City Council.
B. The City's sewer system as shown on the vicinity map is 228 feet from the
property. The extension of the sewer system to service the property would not be
difficult and would be consistent with past practices. A waiver would go against
the overall goal of providing sewer service in this area.
V. DISCUSSION:
Any determination or decision by the City Council to waive utility requirements is
to be based upon the waiver criteria provided in P.M.C. 16.06.040 as follows:
(1) Special circumstances applicable to the property in question or the
intended use that do not generally apply to other properties or classes of
uses in the same vicinity or zoning classification.
The sewer system is within 228 feet from the property.
(2) A waiver is necessary for the preservation and enjoyment of a
substantial property right or use possessed by other properties in the
same vicinity and the same zoning classification, which because of
special circumstances is denied to the property in question.
There are properties in the area with septic tank systems that were allowed prior
to being annexed into the city limits. Several more properties have been served
with sewer systems in the past eight years.
(3) The granting of the waiver will not be detrimental to the public welfare
or injurious to other property improvements in such vicinity and zoning
classification, which the subject is located.
The sewer system was previously extended to meet property needs in the
area.
3(b)
(4) The granting of a waiver will not conflict with the general intent of this
chapter.
The Uniform Building Code requires permanent structures to be provided
with adequate health and sanitation facilities. A building with a septic
tank/drain field would meet the sanitation requirements of the Uniform
Building Code. With the sewer system being nearby, a waiver would not
meet the intent of P.M.C. 16.06. Health and sanitation requirements for
this properly would be better served by a sanitary sewer line.
In the past when Council approved utility waivers the following conditions
applied:
(a) Require the applicant to participate in future L.I.D. or U.L.I.D.
activities commenced by petition or resolution that would involve the
property in question;
(b) Require the applicant to pay an equitable share of any private utility
extensions abutting the applicant's property.
Based upon a review of the criteria above, Staff would recommend denial
of the sewer waiver request.
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CITY OF PASCO
PETITION FOR UTILITY SERVICE WAIVER
page 1 of 2
PLEASE COMPLETE-rHE APPLICATION CLEARLY AND ACCURATELY
United Agri Products Distribution
(Name of Owner/Applicant) (1st party) (Name of Owner/Applicant) (2nd party)
1315 E. St. Helens St.
(Address) (Address)
Pasco, WA 99302
509-545-1866
(Phone) (Phone)
�9
9
(Signature) (Signature)
General Location of Property: 300 It north of Tippett Lane at 6421 Burlington Street, and
(give location relative to streets, intersections, etc-
1/4 mile north of Foster Wells Road on Burlington Street,
Legal Description of Property for which the Utility Waiver is requested: Lot 1 -Short Plat 77-26
City of Pasco, and identified as Assessors Parcel No. 113-110-213
Current Land Use of Property: Warehouse with office space
1) Type of utility waiver requested? Water Sewer X
2) Describe the reason for requesting a waiver from the requirement to connect to the
municipal water and/or sewer system? The existing septic system was inspected on
12-27-06 and approved for 12 employees and 10 visitors. See attached BFHD valuation.
There will be no process or,industrial waste generated by the proposed activity.
3) Describe alternative method of utility provision from which a waiver is requested?
UAP will use the approved and existing septic system for domestic usage. There is not
a physical need for connecting to the public sewer system.
cont'd
RECENED
FEB 2 6 2007
pUBLIC 11,10RIIKS IN0.1
CITY OF PASCO page 2 of 2
PETITION FOR UTILITY SERVICE WAIVER
4) Special circumstances applicable to the property in question or intended use?
At this location, UAP will use City Of Pasco water to blend applicable ingredients into liquid
fertilizer for agricultural application. Eighty percent of the finished product is used within
a 20 mile radius of the proposed process plant.
5) What changed or changing conditions warrant the proposed Utility Waiver?
For 30 years UAP had previously conducted this business activity at the Burlington Northem
Ice House just south of I-182. Because BNSF did not renew the UAP lease,the subject
property herein was purchased to become the relocation site.
6) What other properties in the same vicinity and within the same zoning district have received
a Utility Waiver or are not connected to one or both of the municipal utility systems?
None of the nearby properties have received a Utility Waiver. Three adjacent businesses
are not connected to the sewer system.
7) How will the public health and welfare be protected by granting the Utility Service Waiver?
The existing septic system was inspected by the Benton Franklin Health District 12-27-06
and continued use of the system was deemed appropriate for the existing shop (warehouse)
provided the daily design flow does not exceed 240 gpd(maximum of 12 employees&
10 visitors) and the shop is connected to an approved public water supply.
APPLICATION FOR EVALUATION OF AN EXISTING
ON-SITE SEWAGE DISPOSAL SYSTEM
rr-.ES:
PUBLVG ENVIRONMENTAL HEALTH Ncwdwdling:
$00 W.Canal Drive 307 7m Avenue $144.00
r-.���m•f�romosa• P+ac�cc Kennewick,WA 99336 Presser,WA 99350 �yl code 54 372.D0
(509)582-7761,exL 246 (509)786-1633 code5411
Account#__030&22675 Log 11 {Ib
ALI+ITC.�iS> �
NAME OF APPLICANT: UAP DiShibution
HOME TELEPHONE: 545-1806 WORK TELEPHONE: 545-1866
CURRENT MAILING ADDRESS: 311 TiMtt Lane CITY Pasco ZIP 99301
PARCEL NUMBER- 113-110-313 swrx)N 6 MWNSHIP 9 RANGE 30
LEGAL DESCRIPTION OF PARCEL: Lot I Short Plat 77-26
P14YSICAL ADDRESS: 311 Tip„pgtt Lane -
BUILDER OR ENGINEER: TELEPHONE:
PURPOSE OF EVALUATION: NEW DWELLINGPLACE:VIEW: ADDITION POOL
GARAGE SHOP ETC, CHANGE IN USE X OTFIER (tom dimiasuun,ata)
TOTAL NUMBER OF BEDROOMS IN DWELLING,OR TYPE OF CONIPMERCIAL USE office
3 employws; 10 visitors
LO-r SIZE: 2 arras in acres or square feet DISTANCE TO PUBLIC SEWER
EXISTING SEWAGE SYSTEM INFORMATION
SIZE OF SEPTIC TANK______jlWns DRAMPTELD sguut roctage OTHER Auuo r"agc
APPROXIMATE DATE OF SEWAGE SYSTEM INSTALLATION INSTALLER
WATER SUPPLY: SINGLE FAMILY WELL -MUNICIPAL/COMMUNITY(NAME) Clty of Pasco
LSE REVERS&SIDJE FOR PLOT PLAN OR ATTACH QN A SEPIIRAI IJ PAGE
MAIL REPORT TO: NAME: UAP Distribution lattni Dave Fi erl
ADDRESS POB 7_ 72 8
C1TYlSTATEMP Pasco WA 99302
Tall a:
alp;
Signaturd^r
FOR DEPARTMENT USE ONLY
DATE TANK PUMPED 12-27-06 NAME OF SEPTIC TANK PUMPER CUTS is
DATE OF SITE EVALUATION 12-27-06 EVALUATOR
EVALUATION FINDINGS INDICATE: Chris Plager
Continued use of the system is appropriate for the existing shop provided the daily design flow does;not exceed 240
0/day (maximum of 12 employees& 10 visitors)and the shop is connected to an approved public water supply.
liFHD-E! -FC# is(Rev.6A2,t-96,4-`IS,12-99)
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U N 41-
I
AGENDA REPORT
TO: City Council March 23, 2007
FROM: Gary Crutch anager Workshop Mtg.: 3/26/07
Regular Mtg.: 4/2/07
SUBJECT: T-Mobile Cell Site License Agreement
I. REFERENCE(S):
1. Proposed Site License Agreement
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
3/26: Discussion
4/2: MOTION: I move to approve the Site License Agreement with T-Mobile West
Corporation and, further, authorize the City Manager to sign the
agreement.
III. FISCAL IMPACT:
Increase in monthly rental of$600/monthly for the first five years; additional rental to be
negotiated for second five-year period. Water/sewer fund.
IV. HISTORY AND FACTS BRIEF:
A) T-Mobile entered into a license agreement with the city to install a cell phone
communication facility on the city's water tower in 2001. The former license
agreement required a monthly rental fee of$800 in addition to a one-time $20,000
"move-in" fee. As the water tower is owned by the water/sewer fund, all fees
collected by the city accrue to the benefit of the water/sewer fund.
B) The original five-year license agreement expired at the end of August 2006. T-
Mobile and the city representatives have been negotiating a successor agreement for
several months, concluding with the proposed license agreement presented herewith.
C) The proposed license agreement consists of two five-year terms, the first of which
requires rental payment at the rate of$1,400/month. The second five-year term, at
the option of T-Mobile, may be renewed but only upon mutually-agreed monthly
rental fee.
V. DISCUSSION:
A) Given that there is no physical change expected as a result of the new license
agreement and the financial benefit to the city utility fund reflects market value, staff
recommends Council approval.
3(c)
Recorded at the Request of:
City of Pasco
525 North 3rd
Pasco, WA 99301
COMMUNICATION SITE LICENSE AGREEMENT
THIS COMMUNICATION SITE LICENSE AGREEMENT ("Agreement") dated
September 1, 2006 (the "Effective Date"), between CITY OF PASCO, a Washington Municipal
Corporation, hereinafter referred to as "Licensor", and T-MOBILE WEST CORPORATION, a
Delaware Corporation, hereinafter referred to as "Licensee."
For good and valuable consideration the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. Communication Site. Licensor is the owner of real property legally described in
Exhibit A, attached hereto and incorporated herein by this reference, upon which is located a
municipal water tower designated as the "Old Tower" which will be the sole platform to which
this license applies, generally located at Road 68 and Broadmoor Road in Pasco, Franklin
County, Washington (the portions of the real property and Old Tower being licensed under this
Agreement are referred to herein as the "Premises").
2. Intentionally Deleted.
3. Use. The Premises may be used by Licensee for any lawful activity in connection with
the provision of wireless communication services, including the construction, maintenance and
operation of related communication facilities. Licensee, at its sole expense, shall secure all
necessary licenses, permits and all other necessary governmental approvals for its intended uses
of the Premises. Licensor shall, cooperate with Licensee in providing the necessary information
for the completion of such applications, required licenses,permits and approvals.
4. Term. The initial term of this Agreement shall be for a period of five (5) years
commencing on September 1, 2006, and expiring on August 31, 2011, unless earlier terminated
as provided herein. Licensee shall have the right to extend the term of this Agreement for one
(1) additional five (5) year renewal term on the same terms and conditions set forth herein,
except the license fee shall be the fair reasonable rental value of the premises as negotiated
Communication Site License Agreement- 1
between the parties. Licensee shall provide Licensor notice of Licensee's intent to renew at least
thirty(30)days prior to the expiration of the initial term of this Agreement.
5. License Fees. During the initial term, Licensee shall pay to Licensor as license fee
Fourteen Hundred Dollars ($1,400.00) per month. License fees are payable to Licensor at 525
North 3rd, Pasco, Washington 99301.
In the event any payment required under this Agreement is not paid within thirty (30)
days of the date due, this failure shall constitute a default of this Agreement, a late fee in an
amount equal to five percent (5%) of the delinquent fee, shall be assessed and the balance shall
accrue interest at the rate of 12%per annum until paid in full.
6. Improvements. Licensee shall provide Licensor, in advance of construction, plans
and specifications for Licensee's improvements and related facilities to be located upon the
Premises for Licensoe's prior approval, which approval shall not be unreasonably withheld.
Upon such approval, Licensee shall have the right to construct, maintain, install, repair, secure,
replace, remove and operate on the Premises, radio communication facilities, including but not
limited to utility lines, transmission lines, ice bridge(s), electronic equipment, transmitting and
receiving antennas, microwave dishes, and equipment to be located upon the Old Tower; and air
conditioned equipment shelters or cabinets, power generator and generator pad, and supporting
equipment and structures thereon to be located within the equipment building located upon the
ground space referenced above (collectively, the "Licensee's Facilities"). In no event shall
antennas, dishes, or other reception devices be located upon the equipment building. In
connection therewith, Licensee has the right to do all work necessary to prepare, add, maintain
and alter the Premises, so long as it does not impair or interfere the use of the site by other
licensees, for Licensee's communications operations and to install utility lines and transmission
lines connecting antennas to transmitters and receivers. All of Licensee's construction and
installation work shall be performed in accordance with the plans and specifications approved by
the Licensor, at Licensee's sole cost and expense, in a good and workmanlike manner and
conforming with all Federal Communications Commission ("FCC") rules and regulations. Title
to the Licensee's Facilities and any equipment placed on the Premises by Licensee shall be held
by Licensee and shall not be considered fixtures. Licensee has the right to remove the
Licensee's Facilities on or before the expiration or the earlier termination of this Agreement, and
Licensee shall promptly repair any damage to the Premises caused by such removal. Upon the
expiration or earlier termination of this Agreement, Licensee shall remove the Licensee's
Facilities from the Premises returning those portions of the Premises to a clear, graded and in
good condition. Upon loss of governmental licensing or abandonment of the Licensee's Facilities
resulting in Licensee failing to conduct communication operations at the site for six (6) months
or longer, Licensee shall immediately remove the Licensee's Facilities at its sole expense.
Licensee shall maintain its portion of the Premises in a clean, secure and in a condition free of
accumulation of weeds and debris. Licensee shall design and construct its facilities in such a
manner as to withstand seismic, ice and wind loads and such other hazards as may be reasonably
expected to affect the Premises.
Communication Site License Agreement-2
Licensor acknowledges and agrees that Licensee's Facilities were installed on the Premises
pursuant to a prior agreement between Licensor and Licensee (or its predecessor in interest) and
Licensor approves of such installation in all respects.
Licensee shall construct at its expense, modifications in the exterior security fencing to provide
access to its onground equipment facility in a manner and configuration as approved by Licensee
which will allow Licensee access to its equipment facility without jeopardizing the integrity of
the Licensor's water tower security and in compliance with the applicable Homeland Security
Regulations in affect.
7. Access and Utilities.
7.1 Licensor shall provide Licensee, Licensee's employees, agents, contractors,
subcontractors and assigns with access to the Premises, consistent with the Homeland Security
Regulations in place affecting the Premises. Licensor shall permit access to Licensee's onground
equipment facility outside of the security area, including keys for locking gates and barriers,
twenty-four (24) hours a day, seven (7) days a week, at no charge to Licensee. Licensor grants
Licensee, and Licensee's agents, employees and contractors, a non-exclusive right of entry for
pedestrian and vehicular ingress and egress to the Premises upon easements held by the Licensor
and on the Premises for Licensee's site. Licensee shall maintain the security of the Premises by
locking all gates upon completion of their entry. Licensee shall be permitted access within the
Licensor's water tower security area only upon compliance with the Homeland Security
Regulations applicable to the facility including escort and supervision within the security area
and upon the water tank by a Licensor's authorized representative. Licensor shall provide
Licensee a contact number, 24-hours per day, seven days per week for emergency or other access
within the secured area. Licensee shall pay all additional costs incurred by the Licensor for
overtime or other actual costs necessitated for access to the facility security area at times other
than the normal working hours of the Licensor.
7.2 Licensor shall maintain all access roadways from the nearest public roadway to
the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under
normal weather conditions. Licensor shall be responsible for maintaining and repairing such
roadways, at its sole expense, except for any damage caused by Licensee's use of such roadways.
7.3 Licensee shall pay for the electricity it consumes in its operations as charged by
the local utility provider. Licensee shall have the right to draw electricity and other utilities from
the existing utilities on the.Premises or obtain separate utility service from any electric utility
provider that will provide service to the Premises, including a standby power generator for
Licensee's exclusive use. In connection therewith, Licensee hereby grants to the local telephone,
power and utility companies (as appropriate) non-exclusive rights to locate, construct, install,
operate, maintain, repair, alter, extend, and/or remove cables and lines on, over and across a
portion of the Licensor's Premises as necessary or desirable therefore. Licensor agrees to sign
such documents or easements, at no cost to Licensee or the utility companies, as may be required
by said utility companies to provide such service to the Premises. Any easements or rights
necessary for such power or other utilities will be at locations reasonably acceptable to Licensor
and the servicing utility company.
Communication Site License Agreement-3
8. Interference. Licensee shall operate Licensee's Facilities in compliance with all FCC
requirements including those prohibiting interference to communications facilities of Licensor or
other licensees of the Premises, provided that the installation and operation of any such facilities
predate the installation of the Licensee's Facilities. Subsequent to the installation of the
Licensee's Facilities, Licensor will not, and will not permit its licensees to, install new
equipment on or make any alterations to the Premises, if such modifications are likely to cause
interference with Licensee's operations. In the event interference occurs, Licensor agrees to use
best efforts to eliminate such interference in a reasonable time period.
9. Taxes. Licensee shall pay any personal property taxes assessed against Licensee's
Facilities and Licensor shall pay when due, all real property taxes and other taxes, fees and
assessments attributed to the Premises.
10. Termination.
10.1 This Agreement may be terminated without further liability as follows: (i) by
Licensor if Licensee fails to pay any license fee or other payment required hereunder within ten
(10) days after receiving written notice of such failure from Licensor, or(ii) by either party upon
a default of any non-monetary covenant or term hereof by the other party, which default is not
cured within thirty (30) days of receipt of written notice of default, except that this Agreement
shall not be terminated if the default cannot reasonably be cured within such thirty (30) day
period, and the defaulting party has commenced to cure the default during that period and
diligently pursues the cure to completion.
10.2 This Agreement may also be terminated by Licensee without further liability on
thirty(30) days prior written notice: (i) if Licensee is unable to reasonably obtain or maintain any
certificate, license, permit, authority or approval from any governmental authority, thus,
restricting Licensee from installing,removing, replacing, maintaining or operating the Licensee's
Facilities or using the Premises in the manner intended by Licensee; (ii) if Licensee determines
that the Premises are not appropriate for its operations for economic, environmental or
technological reasons, including without limitation, signal strength, coverage or interference, or
(iii) or Licensee otherwise determines, within its sole discretion, that it will be unable to use the
Premises for Licensee's intended purpose.
11. Destruction or Condemnation. If the Premises or Licensee's Facilities are
damaged, destroyed, condemned or transferred in lieu of condemnation, Licensee may elect to
terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in
lieu of condemnation by giving notice to the Licensor no more than forty-five (45) days
following the date of such damage, destruction, condemnation or transfer in lieu of
condemnation.
12. Insurance; Subrogation; and Indemnity.
12.1 Licensee shall provided Commercial General Liability Insurance providing for
bodily injury, death and property damage in a combined single limit of not less than One Million
Dollars and No Cents ($1,000,000.00) per occurrence. Such insurance shall insure, on an
Communication Site License Agreement-4
occurrence basis, against all liability of the Licensee, its employees, and agents arising out of or
in connection with the Licensee's use of the Premises. Licensor shall be named as an additional
insured on Licensee's policy of insurance, and Licensee shall provide Licensor a Certificate of
Insurance evidencing coverage required by this paragraph within thirty (30) days after the date
this Agreement is signed by both parties. Licensor shall be notified by Licensee or its insurer of
any cancellation, termination or the lapse of any policy required herein within thirty (30) days
prior to the termination of the coverage.
12.2 Licensor and Licensee hereby mutually release each other(and their successors or
assigns) from liability and waive all right of recovery against the other for any loss or damage
covered by their respective first-party property insurance policies for all perils insured
thereunder. In the event of such insured loss, neither party's insurance company shall have a
subrogated claim against the other.
12.3 Licensor and Licensee shall each indemnify, defend and hold the other harmless
from and against all claims, losses, liabilities, damages, costs, and expenses (including
reasonable attorneys' and consultants' fees, costs and expenses) arising from the indemnifying
party's breach of any term or condition of this Agreement or from the negligence or willful
misconduct of the indemnifying party or its agents, employees or contractors in or about the
Premises. The duties described in this Paragraph 12.3 shall apply as of the Effective Date of this
Agreement and survive the termination of this Agreement.
13. Assignment. Licensee may not assign or otherwise transfer all or any part of its interest
in this Agreement or Licensee's Facilities without the prior written consent of the Licensor,
which will not be unreasonably withheld, conditioned or delayed; provided, however, that
Licensee may assign its interest to a parent company, any subsidiary or affiliate or to any
successor in interest or entity acquiring fifty-one percent (51%) or more of the stock or assets,
subject to any financing entities' interest, if any, in this Agreement as set forth in paragraph 14(b)
below, or in connection with the transfer of Licensee's FCC authorization to operate a
commercial mobile radio base station at the site. Licensor may assign this Agreement upon
written notice to Licensee subject to the assignee's assuming all of Licensor's obligations herein,
including but not limited to those set forth in paragraph 14 below. Licensee shall not sublicense
or permit the use by others of any portion or all of Licensee's site to one or more entities for
communication or other uses without the written consent of the Licensor, which consent shall not
be unreasonably withheld. Licensee shall, however, have full rights to mortgage, pledge,
hypothecate or otherwise assign this Agreement and Licensee's Facilities to any financing entity
or agent on behalf of any financing entity to which Licensee (i) has obligations for borrowed
money or in respect of guarantees thereof, (ii) has obligations evidenced by bonds, debentures,
notes or similar instruments, or (iii) has obligations under or with respect to letters of credit,
banker's acceptances and similar security instruments or guaranties.
Communication Site License Agreement-5
14. Waiver of Licensor's Lien. (a) Licensor hereby waives any and all lien rights it may
have, statutory or otherwise, concerning the Licensee's Facilities or any portion thereof, which
for the purposes of this Agreement are conclusively construed as Licensee's personal property
and not fixtures. (b) Licensor acknowledges that Licensee may have entered into or may enter
into financing arrangements, including Promissory Notes, Security Agreements and Financing
Statements for the financing of the Licensee's Facilities with a third party financing entity. In
connection therewith, Licensor (i) consents to the installation of Licensee's Facilities subject to
security interests; (ii) disclaims any interest in Licensee's Facilities, its fixtures or otherwise; (iii)
agrees that the Licensee, or any entity holding a security interest therein, may remove Licensee's
Facilities at any time without recourse to legal proceeding. Neither Licensee, nor any financing
entity granting a security interest in Licensee's Facilities, shall have any right to claim any
interest in real property by lien or by permissive possession other than as provided in this
Agreement.
15. Title and Ouiet Enioyment. Licensor represents and warrants that (i) it has full right,
power, and authority to execute this Agreement, (ii) Licensee may peacefully and quietly enjoy
the Premises and such access thereto, provided that Licensee is not in default hereunder after
notice and expiration of all cure periods, (iii) it has obtained all necessary approvals and
consents, and has taken all necessary action to enable Licensor to enter into this Agreement and
allow the Licensee to install and operate the Licensee's Facilities on the Premises, including
without limitation, approvals and consents as may be necessary from other tenants, licensees and
occupants of Licensor's property, and (iv) the Premises and access rights are free and clear of all
liens, encumbrances and restrictions except those of record as of the Effective Date.
16. Environmental. As of the Effective Date of this Agreement: (1) Licensee hereby
represents and warrants that it shall not use, generate, handle, store or dispose any Hazardous
Materials in, on, under, upon or affecting the Premises in violation of any applicable law or
regulation, and (2) Licensor hereby represents and warrants that (i) it has no knowledge of the
presence of any Hazardous Materials located in, on, under, upon or affecting the Premises in
violation of any applicable law or regulation; (ii) no notice has been received by or on behalf of
Licensee from governmental entity or any person or entity claiming any violation of any
applicable environmental law or regulation in, on, under, upon or affecting the Premises; (iii) it
will not permit itself or any third party to use, generate, handle, store or dispose of any
Hazardous Materials, in, on, under upon, or affecting the Premises in violation of any applicable
law or regulation. Without limiting Paragraph 12.3, Licensor and Licensee shall each indemnify,
defend and hold the other harmless from and against all losses (specifically including, without
limitation, reasonable attorneys', engineers', consultants' and experts' fees, costs and expenses)
arising from (i) any breach of any representation or warranty made in this paragraph by such
party; and/or (ii) environmental conditions or noncompliance with any applicable law or
regulation that result, in the case of Licensee, from operations in or about the Premises by
Licensee or Licensee's agents, employees or contractors, and in the case of Licensor, from the
ownership or control of, or operations in or about, the property by Licensor or Licensor's
predecessors in interest, and their respective agents, employees, contractors, tenants, guests or
other parties. The provisions of this paragraph shall apply as of the Effective Date of this
Agreement and survive termination of this Agreement. "Hazardous Materials" means any solid,
gaseous or liquid wastes (including hazardous wastes), regulated substances, pollutants or
Communication Site License Agreement-6
contaminants or terms of similar import, as such terms are defined in any applicable
environmental law or regulation, and shall include, without limitation, any petroleum or
petroleum products or by-products, flammable explosive, radioactive materials, asbestos in any
form, polychlorinated biphenyls and other substance or material which constitutes a threat to
health, safety, property or the environment or which has been or is in the future determined by
any governmental entity to be prohibited, limited or regulated by any applicable environmental
law or regulation.
17. Notices. All notices, requests, demand and other communication hereunder shall be in
writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt
requested, or sent by for next-business-day delivery by nationally recognized overnight carrier to
the following addresses:
If to Licensor:
City of Pasco
Attn: Robert Alberts
525 North 3rd
Pasco, WA 99301
Telephone:(509) 545-3444
Fax: (509) 543-5757
With a copy to:
Leland B. Kerr
Paine, Hamblen, Coffin, Brooke &Miller, LLP
7025 West Grandridge Blvd., Suite A
Kennewick, WA 99336
Telephone: (509) 735-_1542
Fax: (509) 735-0506
If to Licensee:
T-Mobile West Corporation
Attn: Lease Administrator
19807 North Creek Parkway North
Bothell, WA 98011
Telephone: ( )
Fax: ( )
With a copy to:
T-Mobile West Corporation
Attn: PCS Lease Administration
12920 SE 38th Street
Bellevue,WA 98006
Telephone: ( )
Fax: ( )
Communication Site License Agreement-7
Licensor or Licensee may from time to time designate any other address for this purpose
by written notice to the other party. All notices hereunder shall be deemed received upon actual
receipt or refusal to accept delivery.
18. Markine and Lighting. Licensee shall be responsible for compliance with all
marking and lighting requirements of the Federal Aviation Administration ("FAA") and the FCC
to the extent such requirements relate solely to the installation and use of Licensee's Facilities on
the Premises. Should Licensee be cited because Licensee's Facilities are not in compliance and
should Licensee fail to cure the condition of noncompliance, Licensor may either terminate this
Agreement or proceed to cure the conditions of noncompliance at Licensee's expense, which
amounts shall be assessed against Licensee together with interest at the rate of one percent (1%)
per annum.
19. Miscellaneous.
19.1 For the purposes of this Agreement, time shall be of the essence.
19.2 In the event of a dispute concerning the breach, interpretation, or enforcement of
this Agreement, the party deeming themselves aggrieved, shall immediately notify the other for
the purposes of meeting in a good faith attempt to resolve the dispute. In the event the parties are
unable to promptly resolve the dispute, the dispute shall be construed and resolved under the
laws of the State of Washington, and the substantially prevailing party in any litigation shall be
awarded its reasonable attorney's fees and costs.
19.3 If any provision of this Agreement is invalid or unenforceable with respect to any
party, the remainder of this Agreement or the application of such provision to the persons other
than those as to whom it is held invalid or unenforceable, shall not be affected and each
provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
19.4 This Agreement shall be binding on and inure to the benefit of the successors and
permitted assignees of the respective parties.
19.5 This Agreement constitutes the entire Agreement between the parties, and
supersedes all understandings, offers, negotiations and other leases concerning the subject matter
contained herein. There are no representations or understandings of any kind not set forth
herein. Any amendments, modifications or waivers of any of the terms and conditions of this
Agreement must be in writing and executed by both parties. No provision of this Agreement will
be deemed waived by either party unless expressly waived in writing by the waiving party. No
waiver shall be implied by delay or any other act or omission of either party. No waiver by
either party of any provision of this Agreement shall be deemed a waiver of such provision with
respect to any subsequent matter relating to such provision. The persons who have executed this
Agreement represent and warrant that they are duly authorized to execute this Agreement in their
individual or representative capacities as indicated. This Agreement may be executed in any
number of counterparts, each of which shall be deemed an original, but all of which together
shall constitute a single instrument.
Communication Site License Agreement-8
IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of
the date first written above.
LICENSOR: LICENSEE:
CITY OF PASCO T-MOBILE WEST CORPORATION
By: By:
Name: Gary Crutchfield Name: Kautilya Lanba
Title: City Manager Title: Area Director,
Engineering & Operations
Date: Date:
Tax I.D.: Tax I.D.:
Communication Site License Agreement-9
STATE OF WASHINGTON )
ss.
County of Pasco )
On this day personally appeared GARY CRUTCHFIELD, City Manager of the
City of Pasco, to be known to be 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.
Print Name
Notary Public in and for the State of Washington
Residing at
My Commission Expires:
STATE OF WASHINGTON )
ss.
County of KING )
On this day personally appeared KAUTILYA LANBA, Area Director,
Engineering and Operations, of T-MOBILE WEST CORPORATION, to be known to be
the individual described in and who executed the within and foregoing instrument, and
acknowledged that he/she signed the same as his/her free and voluntary act and deed for
the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of ,
2007.
Print Name
Notary Public in and for the State of Washington
Residing at
My Commission Expires:
Communication Site License Agreement- 10
AGENDA REPORT
TO: City Council March 22, 2007
FROM: Gary Crutchfi i anager Workshop Mtg.: 3/26/07
Regular Mtg.: 4/02/07
SUBJECT: TRAC Opera ng Subsidy (2006)
I. REFERENCE(S):
1. Memorandum from TRAC Manager to City Manager
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
3/26: Discussion
4/02: MOTION: I move to approve the 2006 TRAC operating deficit increase of$61,466
and authorize payment thereof to Franklin County and, further, direct
that the expenditure be included in the 2007 year end supplemental
budget.
III. FISCAL IMPACT:
Additional expense in the TRAC operating fund will effectively require subsidy from the
general fund in that amount at year end.
IV. HISTORY AND FACTS BRIEF:
A) The city is obligated, by contract, to share (50-50) the operating deficit of the TRAC
facility each year. That deficit has ranged from a low of about $200,000 to as much
as $700,000; the recent trend has been in the $300,000 range annually.
B) Due principally to some accounting errors by the County last year (which were
discovered late in the year and led to higher than anticipated expenses), the actual
2006 operating deficit totaled $616,000. The 2006 TRAC operating budget,
however, anticipated a loss of only $293,000. Consequently, the 2006 TRAC
operating budget was overspent by $323,000.
C) Franklin County has offset most of the extraordinary deficit but a portion has been
requested from the city (in addition to the budgeted share of$147,000). Please refer
to reference 1.
V. DISCUSSION:
A) The County has acknowledged its responsibility for the accounting errors by
accepting responsibility for $200,000 more than the share billed to the city. In view
of the County's acknowledgement, staff recommends Council approval of the
additional expenditure.
3(e)
MAR 2 2 2007
To: Gary Crutchfield
From: Troy Woody +=s':;:
Cc: County Administrator, Commissioners
RE: TRAC Centers 2006 subsidy overage
Gary as we discussed, TRAC Center required more subsidies for the 2006 year than
originally planned. The primary issues is the discovery of accounting errors in
November/December which did not provide us any opportunity to try to make up costs in
other areas as year was essentially over.
Those errors showed us to have more revenues then we really had so we had spent more
on expense end believing that we had the additional revenue to cover those expenses.
Revenue issues:
Early in the year our previous accountant booked revenues twice, which we found in late
October early November, and that was a negative impact of$77,000 out of revenues.
Roughly the same time the Auditors office removed$80,000 that was in the 2006
revenues but was 2005 monies and would normally have been moved in January. Thus
the reason it did not get caught earlier is that the two "errors"were offsetting. The impact
was a loss of$157,000 in revenues that were on our books.
Expense issues: (some of the highlights)
Energy cost exceeded budget by$80,500.
Benefit's costs were over budget by$27,000.
Commissions to Holiday Inn Express were over budget by$22,000
Summary:
Actual 2006 Net Operating Loss: $616,270
Budgeted Operating Loss: $293,333
Variance or additional Loss: $322,933
Franklin County's Impact: $261,467
City Pasco Impact: $ 61,466
Clearly you can see the overage is considerable more than the $61,466 portion that the
City is being billed. The Commissioners felt that the unexpected accounting oversights
were not the City's responsibility and therefore chose to take a larger portion of the
overage.
AGENDA REPORT NO. 27
For: City Council March 22, 2007
To: Gary Crutchfi anager Workshop: 03/26/07
Regular: 04/02/07
From: Richard J. S th, Director'((`�`�
Community nd Economic Development
SUBJECT: Service Agreement with TRIDEC
L REFERENCE(S):
1. Proposed Agreement
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
03/26/07: Discussion
4/02/07: Motion: I move to approve the Industrial Recruitment Partnership Agreement
with TRIDEC and, further, authorize the Mayor to sign the agreement.
111. FISCAL IMPACT:
$30,000 Annually
IV. HISTORY AND FACTS BRIEF:
A) Pasco (along with Kennewick, Richland and West Richland) has contracted with
TRIDEC since the early 1990s for the provision of certain economic development
services. Those services have evolved over the years, as has involvement of the
cities in the TRIDEC organization. In the early 1990s the cities had very little
direct involvement in the TRIDEC organization, not having a seat on the Board of
Directors or executive committee. For the past several years, each city has had a
seat on the Board and the cities (as a group) are afforded one seat on the executive
committee. Consequently, the cities are much more involved in determining the
direction of TRIDEC and coordinating TRIDEC's efforts with those of the cities.
B) The most recent partnership agreement was executed in 2002, expiring at the end of
2005. The proposed agreement is very similar to its predecessor, the most notable
change being an increase in the City's contribution from $25,000 to $30,000
annually. The cities of Kennewick and Richland will also contribute $30,000 per
year. The City of West Richland will pay $5,000 annually. Essentially, the agreement
spells out the various objectives to be pursued and services to be provided by
TRIDEC on behalf of the cities toward economic development goals.
V. DISCUSSION:
A) So long as the TRIDEC industrial recruitment objectives remain substantial and
oriented toward results which will be beneficial to the city's economic development
objectives, continuation of the TRIDEC partnership agreement remains a cost
effective option for the city. To carry out a similar effort on our own would cost
substantially more without necessarily producing more results. The ability of the
City of Pasco to help shape those TRIDEC programs is added incentive to continue
the partnership arrangement; thus, staff recommends Council approve the proposed
agreement.
3(d)
INDUSTRIAL RECRUITMENT PARTICIPANT AGREEMENT
Benton Franklin businesses, local governments, chambers of commerce,
and other economic development agencies are intent on working
cooperatively with the Tri-City Development Council. "TRIDEC," to
recruit new industry to the bi-county area. This agreement is between
TRIDEC, the State's designated Associate Development Organization
(ADO) for Benton and Franklin Counties, and the City of Pasco, a local
entity, both designated herein as "Participants" in the bi-county
industrial recruitment program. Similar agreements are being secured
between TRIDEC and the counties of Benton and Franklin, the Cities of
Kennewick, Richland, Pasco and West Richland, and the Ports of Benton,
Pasco, and Kennewick.
MUTUAL OBJECTIVES
The Participants seek to expand business activity, increase capital
investment, and broaden employment opportunities in the bi-county
area. To accomplish this, TRIDEC will coordinate a program to expand
existing industrial employment and recruit new industries to Benton
Franklin Counties.
While TRIDEC's primary mission is industrial job creation, the
Participants are also committed to supporting creation of new
businesses, commercialization of technology, expansion of tourism, retail
development, and other means of economic development. However, these
important efforts are led by community-based economic development
organizations other than TRIDEC. The participants will establish roles
and responsibilities for these functions with other agencies through
separate agreements.
The cities, counties and ports may have occasion to pursue individual or
collective industrial recruitment effort beyond the confines of this
agreement. To the extent these supplemental activities require a
significant commitment of TRIDEC resources, they may as well be the
subject of separate agreements.
AGREEMENT
The Participants will cooperate in the planning and implementation of
activities to recruit new basic industry to the bi-county area. TRIDEC will
coordinate this effort, making productive use of its own staff and
volunteers, as well personnel resources supplied by others Participants.
The TRIDEC President is responsible for administering this agreement.
The Entity designates Rick Smith, Community and Economic
Development Director, as its primary contact for the TRIDEC's industrial
recruitment program.
PROGRAM STRUCTURE
The TRIDEC Board of Directors is ultimately responsible for setting
business recruitment program policies. Cities, counties, and ports have
full representation on the Board. The recommendations of the Board's
Commerce 8v Industry Committee and TRIDEC staff help shape these
policies. Elected and appointed officials from member local governments
have opportunities for active involvement. The TRIDEC staff is
responsible for administering the industrial recruitment program in
cooperation the personnel from Participant agencies.
TRIDEC functions as the Associate Development Organization for the
Washington State Office of Trade and Economic (OTED). TRIDEC also
engages businesses, educational institutions, the Department of Energy
and its contractors, the Tri-Cities Visitor and Convention Bureau, and
other bi-county economic development agencies to effectively support its
industrial recruitment program.
The TRIDEC President/CEO and participants port, city, and county
managers will endeavor to maintain effective coordination among the
Participants. The Case Management Group, consisting of the TRIDEC
Vice President for Commerce 8v Industry and designated staff from each
Participant agency, will work together on an on-going basis to market,
recruit, qualify, and service prospects.
TRIDEC, in cooperation with the Participants, will accomplish the
following objectives:
• Industrial Recruiting Staff-taff- Retain a qualified business recruiting
staff to work with designated Participant agency personnel.
• Marketing Plan- Maintain and follow a formal, written plan to
market to, identify, recruit, qualify, and service industrial prospects.
Focus on target opportunities, including but not limited to agribusiness,
environmental industries, I-5 Corridor business, metals industries, and
back-office/telecommunication business.
• Client Tracking System- Administer a client tracking system to
manage and record prospect contacts. Encourage use of the system by
all Participants.
• Site/Facility Inventory- Administer and update as needed a data
base including the following information for industrial sites and facilities
available for recruited industries: site and structures plans, location, site
dimensions and acreage, soil conditions and slope, transportation
access, availability of utilities, zoning, neighboring land uses, and
contact person.
• Training- Provide effective industrial marketing to Participants
agency staff and community volunteers who come into contact with
industrial prospects.
• Measurement- Regularly monitor and report industrial recruiting
progress using a mutually agreed measurement system that gauges
program effectiveness.
• Communications- Through its Internet WEB site and e-mail,
printed reports, newsletters, media releases, and briefing sessions, keep
all Participants and the general public adequately informed of industrial
recruitment activities.
• Annual Report- The year's industrial recruitment
accomplishment and plans for the coming year will be reported at
TRIDEC's annual meeting.
HANDLING OF PROSPECTS
Business and recruitment activities can begin with contacts originated
through CTED and referred to TRIDEC, directly by TRIDEC, or by a local
entity.
Contacts through TRIDEC: The following describes the handling of
prospect cases when contact originates at TRIDEC or is referred to
TRIDEC by CTED.
• TRIDEC will provide general information on the bi-county area
and other data requested by the prospect. In response to the Prospect's
expressed interests, TRIDEC will also supply names of property owners
and Participant contacts.
• If the prospect indicate an interest in specific business locations
TRIDEC will notify affected Participants and property owners, share
information gathered, make appropriate introductions, and assist in
follow-up marketing as requested.
• If the prospect indicates interest in specific sites, but requests
confidentiality, TRIDEC will keep affected parties fully informed without
revealing the identity of the prospect. This information will remain
confidential until release by TRIDEC is authorized by the prospect.
• When a prospect establishes formal discussions with a
Participant and commits to a site in its jurisdiction, responsibility for
managing the contact will be transferred from TRIDEC to that entity.
TRIDEC will continue serving as the prospect's community advocate and
provide assistance as requested.
Contacts at the Local Entity Level: This describes the handling of
prospects when the contact originates with the local entity, or the entity
has assumed responsibilities for the case.
• Local entities rely on TRIDEC to supply a variety of valuable
industrial recruitment information an services. When a local entity
receives a contact inquiry or is managing an industrial prospect and
desires support from TRIDEC, it need only request such assistance.
• It is not necessary for the entity to divulge the identity of a
prospect to TRIDEC unless it elects to do so. If requested assistance
requires disclosure of the prospect' identity, TRIDEC will render such
assistance while maintaining confidentiality.
• If the local entity determines that dealing with a prospect exceeds
its abilities, the prospect will be referred to TRIDEC for further handling.
• If more than one local entity requests assistance with the same
prospect, TRIDEC will so advise affected entities. Under this
circumstance, subsequent requests for assistance must be mutually
agreed upon by affected local entities before it is rendered by TRIDEC.
CLOSING DEALS
The participants recognize shared responsibility in the complicated
process of closing deals with industrial prospects. Care will be taken in
each instance to properly define the division of authority and
responsibilities. Offers on land costs, infrastructure extensions, utility
charges, and other items will be made to prospects only by the
authorized entity (i. e property owner, city, port, or utility) or with its
explicit consent.
Public events such as media conferences, groundbreaking, and
ribbon cutting will be coordinated with the sitting jurisdiction. The city in
which the prospect will locate or expand its facility will be responsible or
working with TRIDEC on logistics relating to these events.
FINANCIAL COMMITMENT
The cities participating as Participants in industrial recruitment activities
will collectively provide TRIDEC $ 95,000 annually to support the
program in addition to transfer by the Counties of funds from CTED in
designating TRIDEC as the Regional ADO. Shares are allocated as to
equitably distribute the financial responsibilities for the program.
The annual cost distribution is shown below:
City of Kennewick $30,000
City of Richland $30,000
City of Pasco $30,000
City of West Richland $ 5,000
TERM OF AGREEMENT
This agreement will be effective upon execution by both parties and
remain in effect through December 31, 2010. It may be amended at any
time by mutual agreement of Participants. The Agreement may be
terminated at any time by mutual agreement or by either Participant for
cause, failure to perform, or for other legitimate reasons. A ninety (90)
day written notice to the Participant is required to effectuate a
termination.
Dated this day of April, 2007.
CITY OF PASCO
Joyce Olson, Mayor
APPROVED AS TO FORM:
Sandy Kenworthy, Deputy City Clerk Leland B Kerr, City Attorney
TRI-CITY INDUSTRIAL DEVELOPMENT COUNCIL
Carl Adrian, President/CEO