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HomeMy WebLinkAbout2007.04.09 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. April 9,2007 1. CALL TO ORDER 2. VERBAL REPORTS FROM COUNCILMEMBERS: 3. ITEMS FOR DISCUSSION: (a) Growth Management Presentation. (NO WRITTEN MATERIAL ON AGENDA) Presented by Jeff Adams, Associate Planner. (b) Code Enforcement Board Interviews: 1. Agenda Report from Gary Crutchfield,City Manager dated April 6, 2007. 2. Applications(2) (Council packets only). (c) Walter's Field Lease Renewal: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated March 30, 2007. 2. Proposed Lease. (d) Surplus Police Vehicles: 1. Agenda Report from Debbie Clark,City Clerk dated April 4, 2007. 2. Correspondence from Captain Ken Roske, Pasco Police Department. 3. Proposed Resolution. (e) Agreement for Chiawana Park Maintenance,Corps of Engineers: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated April 5, 2007. 2. Proposed Amendment No. 1 to Challenge Cost Sharing Agreement. 3. Challenge Cost Sharing Agreement(May 2, 2006). 4. Letter from Franklin County Administrator. (f) Contract for Additional Animal Patrol: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated April 5,2007. 2. Proposed Contract. 3. Compensation Schedule from Prior Contract. (g) Professional Services Agreement with CKJT Architects for Municipal Center Space Needs: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated April 5,2007. 2. Proposed Agreement. (h) Police Officer Recruitment: 1. Agenda Report from Gary Crutchfield, City Manager dated April 5, 2007. 2. Memorandum to City Manager from Police Chief,dated 4/5/07. 4. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 5. EXECUTIVE SESSION: (a) (b) (c) 6. ADJOURNMENT. Workshop Meeting 2 April 9,2007 Reminders: 1. 12:00 p.m., Monday, April 9, Pasco Red Lion - Chamber of Commerce General Membership Meeting. ("Why Museums Matter to Businesses" presented by Sherel Webb, Administrator, Franklin County Historical Society and Museum.) 2. 6:30 p.m., Monday, April 9, City Hall Conference Room #1 — Old Fire Pension Board Meeting. (COUNCILMEMBER JOE JACKSON,Rep.; MATT WATKINS,Alt.) 3. 10:00 a.m., Tuesday, April 10, Senior Center — Senior Citizens Advisory Committee Meeting. (COUNCILMEMBER TOM LARSEN,Rep.; BOB HOFFMANN,Alt.) 4. 7:00 a.m., Thursday, April 12, Elmer's Walla Walla—BFCG Tri-Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.; JOE JACKSON,Alt.) 5. 7:00 p.m., Thursday, April 12, Transit Facility — Ben-Franklin Transit Board Meeting. (COUNCILMEMBER MATT WATKINS,Rep.; MIKE GARRISON,Alt.) AGENDA REPORT TO: City Council April 6, 2007 FROM: Gary Crutchfi anager Workshop Mtg.: 4/9/07 SUBJECT: Code Enforce ent Board Interviews I. REFERENCE(S): 1. Applications (2) (Council packets only) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/9: Council to conduct brief interviews with Pat Diaz and Gus Rodriguez. III. HISTORY AND FACTS BRIEF: A) The Code Enforcement Board is composed of five members; terms are for two years. The board meets on the first Thursday of every month at 7:00 p.m. in the City Hall Council Chambers. B) The Code Enforcement Board hears controversies regarding alleged violations of the city code, particularly property maintenance standards. C) At the present time there is one vacancy on the commission: 1. Position No. 4• (vacant)term expiration date of 01/08 D) There are two positions whose terms have expired: 1. Position No. 1 2. Position No. 2 E) General committee consensus that: 1. Position No. 1 be filled by reappointment of Dwayne Speer without interview. 2. Position No. 2 be filled by reappointment of Larry Smith without interview. F) After Council committee review of all applications, the following have been selected to interview for Position No. 4: 1. Pat Diaz.................................................................. 1563 W. Jay Street 2. Gus Rodriguez .........................................................129 Henley Drive IV. DISCUSSION: A) After conduct of interviews at the April 9 Workshop meeting, it is proposed that appropriate appointments be made by the Mayor, subject to confirmation by the Council, at the April 16 Business meeting. 3(b) AGENDA REPORT FOR: City Council March 30, 2007 TO: Gary Crutch 1 Manager Workshop Mtg.: 4/9/07 Regular Mtg.: 4/16/07 FROM: Stan Strebel, ' C.— ative& Community Services Director I SUBJECT: Walter's Field Lease Renewal I. REFERENCE(S): A) Proposed Lease II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/9 DISCUSSION 4/16 MOTION: I move to approve the lease for Walter's Field with the Pasco Youth Baseball Association, Inc., and, further, to authorize the Mayor to sign the agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF; A) The City has leased, at no cost, Walter's Field to the Youth Baseball Association for several years. The Association maintains the facility and works cooperatively with the City and the Pasco School District to accommodate a variety of youth baseball activities at the facility. B) The proposed lease is for a five year period with an option for the Association to renew for an additional five years. Staff recommends approval of the lease agreement. 3(c) Walter's Field Lease (Babe Ruth Baseball) This lease agreement is made and entered into this day of , 2007, by and between the City of Pasco,a municipal corporation of the State of Washington, hereinafter referred to as the "Lessor", and Pasco Youth Baseball Association, Inc., affiliated with Babe Ruth Baseball, a non-profit corporation, hereinafter referred to as the "Lessee". For the mutual considerations set forth herein,the parties agree as follows: 1. Leased Premises. The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor, subject to all deed restrictions, covenants, and easements of record, the following described premises, situate in Pasco, Franklin County, State of Washington, set forth in Attachment"A"hereto, and incorporated by this reference herein as if specifically set forth. The real property so described shall hereinafter be referred to as the"premises". 2. Term. This lease shall be for a term of five (5)years, commencing April 1, 2007, and ending March 31, 2012. The Lessee shall have the option of renewing this lease at the end of the initial lease term for an additional five year period, provided the Lessor has not given the Lessee written notice of non-renewal as set forth herein and the Lessee has given to the Lessor written notice of its intent to renew the lease term by delivering to the Pasco City Manager Lessee's written notice of intent within the period of sixty(60) days immediately prior to the termination of the initial lease term. If the Lessor determines that the premises should not be leased to the Lessee for an additional five year term, the City may give written notice of its intent of non- renewal by providing the Lessee with written notice of such intent at the Lessee's address set forth in paragraph 20 of this agreement. Such notice must be delivered to the Lessee no earlier than the start of the fourth year of this agreement and no later than one hundred eighty days prior to the termination of the initial lease term. 3. Use of Premises. The premises shall be used for a baseball field, concession stand, restroom and parking lot and for no other purpose, unless prior written permission is given by the Pasco City Council. It is understood by the parties that Lessee will work cooperatively with the Pasco School District Senior High School to allow use of the premises for baseball activities in exchange for assistance in maintaining the property on whatever terms are acceptable to Lessee and district. 3.1 Generally, the School District will provide field preparation including cutting base paths, mound and infield preparation, mowing and sweeping as necessary and garbage removal during the WIAA spring season. 4. Utilities. The Lessee shall be liable for and shall pay, throughout the term of this lease, all charges for all utility services to the premises, including, but not limited to electricity, gas, water, sewer and garbage disposal. It is understood and agreed that the Lessor, the Lessee and lessee/operator of the Pasco Little League will be jointly using the existing well located in Riverview Park for the purpose of irrigating the park,the premises and the Little League fields (located north of the premises), respectively. Lessor shall be responsible for electrical costs for WALTER'S FIELD LEASE AGREEMENT—PAGE 1 the well and maintenance thereof. Lessee shall be responsible for the maintenance of its supply line from the well and all other irrigation equipment which serves the premises. 5. Maintenance and Repair. At the expiration or sooner termination of this lease, Lessee shall return the premises to the Lessor in the same condition in which received, reasonable wear and tear and excepted, and except as modified pursuant to the provisions and requirements of this lease. Lessee shall, at its own expense, at all times keep the premises neat, clean, free from weeds and in a safe condition for Babe Ruth Baseball and in a sanitary condition. Lessee shall maintain and keep the leased premises in a good state of repair and shall commit no waste of any kind. Lessee shall not permit or suffer any undue accumulations of waste material on the premises nor dispose of any waste materials nor permit or suffer any liquid industrial waste or chemicals to be stored thereon or to enter the drainage or sewer lines on the premises. 6. Restrooms. Lessor shall be responsible for the cost of utilities, cleaning, care and maintenance of the new restroom facility located outside the third base line of the baseball field. 7. Alterations and Improvements. Lessee shall make no alterations or improvements to or on the premises without first obtaining written approval from the Pasco City Manager. 8. Inspection. The Lessor reserves the right to inspect the leased premises at any and all reasonable times throughout the term of this lease; provided, that it shall not interfere unduly with Lessee's operations. The right of inspection reserved to the Lessor hereunder shall impose no obligation on the Lessor to make inspections to ascertain the condition of the premises and shall impose no liability on the Lessor for failure to make such inspection. 9. Signs. No signs or other advertising material shall be attached to or painted on or within the leased premises without the approval of the City Manager, except warning signs, advertising by sponsors on the outfield fence, facility rules and regulations, signs identifying the name of the premises and facilities at the premises. At the termination, or sooner expiration of this lease, all such signs or advertising material attached to or painted by the Lessee shall be removed by Lessee at its own expense, and Lessee shall repair any damage or injury to the premises, and correct any unsightly condition, caused by maintenance and removal of said signs. 10. Damage or Destruction. In the event fire or other cause does damage to the buildings or improvements on the demised premises, the Lessor may elect to make such repairs as are necessary to restore the premises to a safe, neat and good condition. Otherwise, the Lessor may elect to terminate this lease by giving notice to the Lessee in writing if the premises are not restored within a reasonable time after the date of the casualty. 11. Indemnification/Hold Harmless. Lessee shall defend, indemnify, and hold harmless the Lessor, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Lessee's use of Premises, or from the conduct of Lessee's business, or from any activity, work or thing done, permitted, or suffered by Lessee in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the Lessor. WALTER'S FIELD LEASE AGREEMENT—PAGE 2 12. Insurance. The Lessee shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with Lessee's operation and use of the leased Premises. A. Minimum Scope of Insurance Lessee shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on Insurance Services Office(ISO) occurrence from GC 001 01 and shall cover premises and contractual liability. The Lessor shall be named as an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. 2. Propert y insurance shall be written on all risk basis. B. Minimum Amounts of Insurance Lessee shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 2. Property insurance shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The Lessee's insurance coverage shall be primary insurance as respect the Lessor. Any Insurance, self-insurance, or insurance pool coverage maintained by the Lessor shall be excess of the Lessee's insurance and shall not contribute with it. 2. The Lessee's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty(30) days prior written notice by certified mail, return receipt requested, has been given to the Lessor. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. WALTER'S FIELD LEASE AGREEMENT—PAGE 3 E. Verification of Coverage Lessee shall furnish the Lessor with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Lessee. F. Waiver of Subrogation Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. G. Lessor's Property Insurance. Lessor shall purchase and maintain during the term of the lease, all-risk property insurance covering the premises for their full replacement value without any coinsurance provisions. 13. Taxes. Lessee shall be liable for, and shall pay,throughout the term of this lease before delinquency, all license and excise fees and occupation taxes covering the business conducted on the premises, and all taxes on property of Lessee on the leased premises, and taxes that may be on leasehold interests created under this lease agreement. At the present time, since the Lessor is a municipal corporation, there is no real property tax assessed on realty owned by it. Should such a tax be assessed or if a tax in lieu of such a tax is assessed, the Lessee agrees to pay the same promptly and before delinquency on that portion of such tax allocable to the demised premises. 14. Compliance with all Laws. Lessee agrees to comply with all applicable rules and regulations of the Lessor pertaining to the realty of which the premises are a part now in existence or hereafter promulgated for the general safety and convenience of the Lessor and the general public. Lessee further agrees to comply with all applicable federal and state laws, ordinances and regulations. 15. Assignment or Sublease. Lessee shall not assign or transfer this lease or any interest therein, nor sublet the whole or any part of the premises, nor shall this lease or any interest hereunder be assignable or transferable, by operation of law or by any process or proceeding of any court, or otherwise, without the written consent of the Lessor first had and obtained. If the Lessor shall give its consent to any assignment or sublease, this paragraph shall nevertheless continue in full force and effect and no further assignment or sublease shall be made without the Lessor's consent. 16. Default and Re-Entry. Time is of the essence, hereof, and if Lessee shall violate, breach or fail to keep or perform any covenant,agreement, term or condition of this lease, then, in such case, Lessor may, at its option, and in addition to any other rights it may have, terminate this lease by giving ten (10) days' written notice stating the nature of the default, and thereafter re- enter the leased premises, using such force as may be necessary, and repossess itself thereof, and remove all persons and affects therefrom, or to hold this lease in full force and effect and re-enter the premises and take possession thereof. If the Lessor shall re-enter the premises, Lessor may, upon any terms and conditions as Lessor, in its sole discretion, may deem advisable, make WALTER'S FIELD LEASE AGREEMENT—PAGE 4 alterations and repairs to the premises. Lessee shall pay to Lessor, as soon as ascertained,the costs and expenses incurred by Lessor in such reletting and in making such alterations and repairs. No such reletting of the premises by the Lessor shall be construed as an election on its part to terminate this lease unless a notice of such intention be given to Lessee, or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Lessor may, at any time thereafter, elect to terminate this lease for such previous breach, provided that it has not been cured. Should Lessor at any time terminate this lease for any breach, in addition to any other remedy it may have, it may recover from Lessee all damages it may incur by reason of such breach. 17. Acceptance of Premises. Lessee has examined the leased premises and accepts it in its present condition. 18. Use Restrictions. The Lessee shall not carry on upon the demised premises, any trade or activity, which would constitute a nuisance or hazard to the public, and shall not substantially deviate from its announced and original use of the property, without consultation and consent from the Lessor. 19. Surrender of Premises—Attorney Fees. At the expiration or sooner termination of this lease, Lessee shall promptly surrender possession of the premises to the Lessor, and deliver to the Lessor all keys that it may have to any and all parts of the premises. In the event that either party shall be required to bring any action to enforce any of the provisions of this lease, or shall be required to defend any action brought by the other party with respect to this lease, the losing party shall pay all of the successful party's actual costs in connection with such action, including such sums as the court or courts may adjudge reasonable as attorney's fees in the trial court and in any appellate courts. 20. Liens and Encumbrances. Lessee shall keep the leased premises free and clear of any liens and encumbrances arising or growing out of the use or occupancy of the said premises by Lessee. At the Lessor's request, Lessee shall furnish the Lessor with written proof of payment or any item which would or might constitute the basis for such a lien on the leased premises if not paid. 21. Notices. All notices required hereunder may be either mailed or hand delivered. If mailed, they shall be sent by certified or registered mail to the following respective addresses: To Lessor: Administrative and Community Services Department City of Pasco P.O. Box 293 Pasco, WA 99301 To Lessee: Pasco Youth Baseball Association, Inc. PO Box 4604 Pasco WA 99301-4604 or to such other respective addresses as either party hereto may hereafter from time to time designate in writing. Notices sent by mail shall be deemed to have been given when properly WALTER'S FIELD LEASE AGREEMENT—PAGE 5 mailed, and the postmark affixed by the United State Post Office shall be conclusive evidence of the date of mailing. Any time Lessee's officers change, and at least annually,the Lessee shall provide the Pasco Administrative and Community Services Director a current list of names, addresses and telephone numbers of Lessee's officers. 22. Non-Discrimination. The Lessee shall operate the premises in such a fashion to insure that no person is discriminated against on the basis of sex, national origin, race, creed, or color. In addition, Lessee shall assure that no qualified person with a disability shall be discriminated against in access to and use of the facility. 23. Entire Agreement—Amendments. This agreement constitutes the whole agreement between the Lessor and Lessee. There are no terms, obligations, covenants or conditions other than those contained herein. No modification or amendment of this agreement shall be valid and effective unless evidenced in writing. CITY OF PASCO: JOYCE OLSON Mayor ATTEST: APPROVED AS TO FORM: SANDY L. KENWORTHY LELAND B. KERR Deputy City Clerk City Attorney PASCO YOUTH BASEBALL ASSOCIATION, Inc. F" by: ka b - Its pr es'l j e y4- AGREEMENT GED: by: PASCO SCHOOL DISTRICT State of Washington } :ss County of Franklin } WALTER'S FIELD LEASE AGREEMENT—PAGE 6 On this day of ,before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared JOYCE OLSON, to me known to be the Mayor of the City of Pasco, Washington and executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. WITNESS MY SEAL. Notary Public for Washington Residing at: My Commission Expires: State of Washington ) :ss County of Franklin ) On this aQ_day of M iAA.CW aw-) , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn,personally appeared SZAAz0mcctc C- 7s.;cto me known to be the inks,dC-t." of the PASCO YOUTH BASEBALL ASSOCIATION, that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said association, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument. WITNESS MY SEAL. Notary Public for Washington = N �G • Residing at: �CC��+.x� = '• PV8� o1o'A? My Commission Expires: sj WALTER'S FIELD LEASE AGREEMENT—PAGE 7 ATTACHMENT "A" WALTER'S FIELD (BABE RUTH BASEBALL) LEASED PREMISES � 4 EC � K` s, e a. .E' �r 4 • l •:�kM .�aS�A g AGENDA REPORT FOR: City Council April 4, 2007 TO: Gary Crutchfie d, anager Workshop Mtg.: 4/9/07 Stan Streb,.e ini r ve and Community Regular Mtg.: 4/16/07 Serviced, ` r FROM: Debbie Clark, City Clerk`�"' SUBJECT: Surplus Police Vehicles I. REFERENCE(S): A. Correspondence from Captain Ken Roske, Pasco Police Department B. Proposed Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/9: Discussion 4/16: MOTION: I move to approve Resolution No. authorizing public auction and/or sale of three vehicles considered surplus to City needs. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) The Pasco Police Department has requested three vehicles to be declared as surplus to City needs. The three vehicles were formerly leased vehicles, but are now owned by the City. Due to the age and maintenance issues regarding each vehicle, they are no longer utilized by the Police Department. FCI (car dealer/lease company)appraises the value of each vehicle to be $1,500. B) The Franklin County Sheriff Department has expressed interest regarding acquisition of two of the surplus vehicles for use at their jail facility for prisoner transport purposes. C) Staff recommends the sale of two vehicles to Franklin County Sheriff Department for the appraised value of$1,500 for each vehicle; staff further recommends the third vehicle to be sold at auction for a price that is in the best interest of the City. The attached resolution will serve to authorize the sale of the two vehicles and auction of the third vehicle. 3(d) Page 1 of 1 Debbie Clark From: Ken Roske Sent: Thursday, January 18, 2007 2:14 PM To: Debbie Clark Cc: Denis Austin Subject: Surplus vehicles Debbie, Regarding our conversation about the three surplus police vehicles that the Sheriffs office would like to purchase for use at their jail, here are the details of the cars. Each vehicle is owned by the city (no longer leased) and are being surplus out due to age and maintenance issues. FCI (our car dealer/lease company) appraises them at$1,500 each. 1) Number 2137, 1999 Ford Crown Vic license 19562D 2) Number 2138 1999 Ford Crown Vic license 19563D 3) Number 2139 1999 Ford Crown Vic license 19564D Ken Roske,Captain Field Operations Division Pasco,Washington Police Department 3/26/2007 RESOLUTION NO. A RESOLUTION authorizing the disposal of Police Department vehicles considered surplus property to City needs. WHEREAS,there are three vehicles considered surplus property to City needs; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: SECTION 1: The items of property listed below are declared surplus property and city staff is authorized to sell two vehicles to Franklin County Sheriff's Department and the third vehicle to be sold at auction: 1999 Ford Crown Vic license 19562D serial no. 2FAFP71 W7XX134023 1999 Ford Crown Vic license 19563D serial no. 2FAFP71 W9XX134024 1999 Ford Crown Vic license 19564D serial no. 2FAFP71 W2XX134026 SECTION 2: The City staff is hereby authorized to dispose of said surplus property as follows: Vehicle license numbers:19563D and 19564D to be sold to Franklin County Sheriff Department for the sum of $1,500 each; Vehicle license number 19562D to be auctioned for a price that is in the best interest of the City. PASSED by the City Council of the City of Pasco this day of April, 2007. Joyce Olson, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Lee Kerr, City Attorney AGENDA REPORT FOR: City Council April 5, 2007 TO: Gary Crutchfi anager Workshop Mtg.: 4/9/07 Regular Mtg.: 4/16/07 FROM: Stan Strebel,Ad npin 61 ve and Community Services Direct?r � , SUBJECT: Agreement for Chiawana Park Maintenance, Corps of Engineers I. REFERENCE(S): A. Proposed Amendment No. 1 to Challenge Cost Sharing Agreement B. Challenge Cost Sharing Agreement(May 2,2006) C. Letter from Franklin County Administrator II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/9: Discussion 4/16: MOTION: I move to approve Amendment No. 1 to the Department of Army Challenge Cost Sharing Agreement with the City of Pasco for Chiawana Park maintenance and further, to authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Operational expenses are included in the 2007 budget. Expenses for the dock replacement are to be covered by Franklin County. IV. HISTORY AND FACTS BRIEF: A) Last May, lacking time to negotiate a lease agreement for Chiawana Park, the Corps of Engineers and the City entered into a "Challenge Cost Sharing Agreement" which allowed the City to maintain Chiawana Park and make it available to the public from May through September of 2006. B) Although staff has been working since October to complete a lease agreement with the Department of the Army, a number of procedural, environmental and funding difficulties have slowed finalization of the lease. In order to move forward to begin park maintenance operations,City staff and Corps of Engineers staff have discussed amending the Cost Sharing Agreement to allow the City to open the park this year, from May through September,or until a new lease can be executed by the parties. C) Perhaps the most difficult problem to address with the lease has been the damaged boat dock on the west end. The City has maintained that, as a precondition for entering into the lease, the dock should be repaired by the Corps. The Corps fears that even with repair,the dock will have to be replaced within 3 —4 years. The Cost Sharing Agreement provides that the Corps will provide the environmental compliance (permitting) for the replacement of the dock and will replace the dock to meet current standards. The City agrees to contribute '/z of the cost (not to exceed $37,500) of replacement. Franklin County was the original grant recipient from the State IAC for construction of the dock, and is technically responsible for the perpetual maintenance of it. The County has agreed to contribute the City's half of the replacement funding. D) Staff recommends approval of the agreement so that the budgeted staff can be hired and maintenance preparations begin as soon as possible. 3(e) AMENDMENT NO. 1 TO DEPARTMENT OF ARMY CHALLENGE COST-SHARING AGREEMENT WITH THE CITY OF PASCO, WASHINGTON CHIAWANA PARK AND SACAJAWEA TRAIL MAINTENANCE WHEREAS, on May 2, 2006 the Department of Army (Government) entered into a Challenge Cost-Sharing Agreement (Agreement) with the City of Pasco, Washington (Partner) for Chiawana Park and Sacajawea Trail maintenance; and WHEREAS, Chiawana Park and Sacajawea Trail (Premises) were successfully managed by the joint efforts of the Government and the Partner during the 2006 recreation season; and WHEREAS, the parties desire to extend the Agreement to allow the Partner to open and maintain the premises from May 1, 2007 through September 30, 2007, or until a park and recreation lease is executed by the parties for operation and maintenance of the premises; and WHEREAS, this amendment to the Agreement will not conflict or interfere with nor adversely affect the operation of McNary Lock and Dam, Lake Wallula for it's authorized purposes; NOW, THEREFORE, effective on the date of execution of this amendment by the Government, the Agreement is hereby modified in the following particulars, but in no others: 1. Article II.a.1 is modified by removing ", including the issuance of any use permits or park use reservations". 2. The following is made a part of the Agreement as new Article II.a.3: The Government shall, subject to available funding, complete the environmental compliance requirements for a replacement public boat dock in the West Park area of Chiawana Park and will, in conjunction with the Partner's cost share obligation described in Article II.b.7, fund and provide a replacement public dock which meets current National Marine Fisheries Service requirements for Columbia River floating structures under the Endangered Species Act. 3. Article Il.b is modified by extending the operating period of the Agreement to allow the Partner to open and maintain the premises from May 1, 2007 through September 30, 2007, or until a park and recreation lease is executed by the parties for operation and maintenance of the premises. 4. The following is made a part of the Agreement as new Article II.b.7: The Partner shall contribute one-half the cost for a new environmentally compliant public boat dock to replace the damaged public boat dock located in the West Park area of Chiawana Park. The Partner's obligation under this Article shall be no more than $37,500. Any additional costs, subject to available funding, shall be borne by the Government. 5. Article II.b.6 is moved to Government Obligations as new Article II.a.4. IN WITNESS WHEREOF, the parties hereto have executed this Amendment, which shall become effective upon the date it is signed by the Government. The Department of the Army City of Pasco BY: BY: SCOTT S. ROSS JOYCE OLSON Chief, Operations Division Mayor, Corps of Engineers Walla Walla District City of Pasco, Washington DATE: DATE: CHALLENGE COST-SHARING AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF PASCO,WASHINGTON CHIAWANA PARK AND SACAJAWEA TRAIL MAINTENANCE THIS AGREEMENT, entered into this 2nd day of May, 2006, by and between the Department of the Army (hereinafter the "Government'), represented by the Chief, Operations Division, U.S. Army Corps of Engineers, Walla Walla District, and the City of Pasco, Washington, (hereinafter the "Partner"), represented by the Mayor of the City of Pasco. WITNESSETH, THAT: WHEREAS, Franklin County, Washington formerly leased lands from the Government, pursuant to Department of the Army Lease No. DACW 68-1-77-20 for park and recreation purposes; and WHEREAS, Franklin County has terminated said lease, which includes Chiawana Park and portions of the Sacajawea Heritage Trail on Levee 12-2; and WHEREAS,the Partner leases certain lands from the Government, pursuant to Department of the Army Lease No. W912EF-1-04-13, for park and recreation purposes, and is considering requesting the addition of portions of Chiawana Park and the Heritage Trail to its lease, provided that adequate funding for ongoing maintenance of such lands can be secured; and WHEREAS, Partner is willing to provide supervision and funding for maintenance of certain portions of Chiawana Park and the Heritage Trail for the 2006 recreation season, and WHEREAS, Section 225 of the Water Resources Development Act of 1992, PL 102-580, (Oct 31, 1992), authorizes the Secretary of the Army to accept contributions of funds, materials and services for the operation and maintenance of recreational support facilities at Corps of Engineers water resource development projects, and WHEREAS, the Government and the Partner have the full authority and capability to enter into this Agreement and perform as hereinafter set forth, NOW THEREFORE, the Government and the Partner agree as follows: ARTICLE I—DEFINTIONS AND GENERAL PROVISIONS For purposes of this agreement: a. The term "Project' shall mean the routine care and maintenance of the recreation and public access lands as shown on the attached aerial photo labeled as Exhibit"A" (incorporated herein by this reference), hereinafter referred to as the "Premises," and more particularly described as follows: 1)The asphalt trail on levee 12-2 from Road 54 to Road 88; 2)the improved portions of Chiawana Park (the boat launch, boat dock, east improved area, west improved area and all parking lots) and 3) The asphalt trail (pavement plus 8 feet on either side)west of Chiawana Park to the west extent of such trail on Government property (east of Road 100). b. The term "total project costs" shall mean all costs incurred by the Government and the Partner directly related to construction of the Project. c. This Agreement in no way restricts the Government from participating in similar activities or arrangements with, or accepting contributions from, other public or private agencies, organizations, and individuals. d. All donated property, facilities and improvements placed on Government land as well as any work accomplished under this agreement shall become the property of the Government. ARTICLE II—OBLIGATIONS OF THE PARTIES a. Government Obligations: 1. The Government, subject to and using funds appropriated by the Congress of the United States (hereinafter the "Congress"), and using any contribution of funds,materials or services provided by the Partner, shall provide overall project management, including the issuance of any use permits or park use reservations. 2. Any additional or ongoing maintenance of the Premises by the Government, before or after Partner has completed its obligations under Paragraph"b"below, shall be within the complete discretion of the District Engineer. b. Partner Obligations: 1. The Partner may open and maintain the premises from May 5, 2006 to September 30, 2006 and shall provide project maintenance services from May 1, 2006 to November 1„ 2006 to include the following: a. Turf maintenance, including: mowing, fertilization, weed and pest control irrigation,trimming and leaf removal. b. Restroom cleaning and stocking of supplies. c. Playground area inspection and maintenance. d. Boat launch and dock inspection and maintenance. e. Trail maintenance. f. Litter control and garbage collection g. Daily park opening and closing. 2. Partner shall provide all necessary labor, equipment and supplies necessary to perform the listed services and shall pay all costs for water, sewer, garbage disposal and electricity to perform the services listed. 3. Partner shall provide appropriate start-up and winterization of all restrooms and irrigation systems. 4. The Partner shall provide evidence of insurance covering the activities of Partner and Partner's contractors in performing the maintenance work contemplated by this agreement. 5. Upon completion of the Project , Partner shall provide the Government with a final accounting of all costs incurred by the Partner in completing the services provided for in this agreement, together with a report summarizing its activities for the term of the Project. In no case shall Partner's total expenses exceed $100,000. 6. The Government shall maintain records of all Government costs and, upon completion of the Project, shall provide the Partner, if requested, with a report setting forth all such costs. ARTICLE III—DISPUTE RESOLUTION As a condition precedent to a party bringing any suit for breach of this Agreement, that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation,they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to both parties. The parties shall each pay 50 percent of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. ARTICLE IV—FEDERAL AND STATE LAWS In exercise of their respective rights and obligations under this Agreement,the Government and the Partner agree to comply with all applicable Federal and State laws and regulations, including, but not limited to, Section 601 of Title VI of the Civil Rights Act of 1964, PL 88-352, and the Department of Defense Directive 5500.11 issued pursuant thereto and published in Part 300 of Title 32, Code of Federal Regulations, as well as Army Regulation 600.7, entitled "Non-discrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army." ARTICLE V—RELATIONSHIP OF PARTIES a. In the exercise of their respective rights and obligations under this Agreement, the Government and the Partner each act in an independent capacity, and neither is to be considered the officer, agent, or employee of the other. b. In the exercise of its rights and obligations under this Agreement, neither party shall provide, without the consent of the other party, any contractor with a release that waives or purports to waive any rights such other party may have to seek relief or redress against such contractor either pursuant to any cause of action that such other party may have or for violation of any law. ARTICLE VI—OFFICIALS NOT TO BENEFIT No member of or delegate to the Congress, or resident commissioner, shall be admitted to any share or part of this Agreement, or to any benefit that may arise therefrom. ARTICLE VII—INDEMNIFICATION The Partner shall hold and save the Government free from all damages arising from services it performs or provides for this Project, except for damages due to the fault or negligence of the Government or its contractors. ARTICLE VIII—TERMINATION OR SUSPENSION a. If at any time the Partner fails to fulfill its obligations under this Agreement, the Government shall terminate this Agreement or suspend future performance under this Agreement,unless the Government determines that continuation of work on the Project is in the interest of the United States or is necessary in order to satisfy agreements with any other non- Federal interests in connection with the Project. b. Any termination of this Agreement or suspension of future performance under this Agreement, in accordance with this Article, shall not relieve the parties of liability for any obligation previously incurred. ARTICLE IX—NOTICES a. Any notice, request, demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally or mailed either by first-class, registered, or certified mail, as follows: If to the Partner: Joyce Olson Mayor, City of Pasco PO Box 293 Pasco WA 99301 If to the Government: District Engineer U.S. Army Engineer District, Walla Walla ATTN: Chief, Operations Division 201 North Third Avenue Walla Walla WA 99362-1876 b. A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. c. Any notice, request, demand or other communication made pursuant to this Article shall be deemed to have been received by the addressee at the earlier of such time as it is actually received or seven calendar days after it is mailed. ARTICLE X—CONFIDENTALITY To the extent permitted by the laws governing each party, the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the Chief, Operations Division, Walla Walla District. The Department of the Army City of Pasco BY: Wayne H. John JOYCE OLSON Chief, Operations Division Mayor, Corps of Engineers Walla Walla District City of Pasco, Washington DATE: DATE: Neva J. Corkrwii Fred 11. Bowen District I County Administrator Robert E. Koch Rosie H. Rumsey District 2 Huiuian Resources Director Rick Miller r- MAR .3 Patricia L. Shults District 3 Executive Secretary Board of County Commissioners FRANKLIN COUNTY March 29, 2007 Gary Crutchfield, City Manager City of Pasco P.O. Box 293 Pasco, WA 99301 Subject: Chiawana Park Dear Gary, During our conversation last Friday regarding the boat dock located on the west end of Chiawana Park; you explained the current condition and the need for the replacement of the dock and the willingness of the Corps of Engineers to provide 50% of the replacement costs. Due to the City committing funds to replace the restrooms and playground equipment at the east end of the park; Franklin County is willing to fund the remaining 50% of the replacement costs for the boat dock, not to exceed $37,000, to complete this project. We feel the dock is an important asset to Chiawana Park and the residents of Pasco and Franklin County. Please feel free to call me with any questions you may have. Respectfully, Fred Bowen Franklin County Administrator cc: Tim Fife, Public Works Director 1016 North Fourth Avenue, Pasco, Washington 99301 - Phone (509) 545-3535- Fax(5091545-3573-web site www.co.frank1hima.us AGENDA REPORT FOR: City Council April 5, 2007 TO: Gary Crutchfie i Manager Workshop Mtg.: 4/9/07 Regular Mtg.: 4/16/07 FROM: Stan Strebel, Ali s ive and Community Services Dirq SUBJECT: Contract for Additional Animal Patrol I. REFERENCE(S): A. Proposed Contract B. Compensation Schedule from Prior Contract II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/9: Discussion 4/16: MOTION: I move to approve the Personal Services Agreement with A2Z Animal Sheltering Services and to authorize the City Manager to sign the document. III. FISCAL IMPACT: Three year agreement, comparable in cost to prior agreement. IV. HISTORY AND FACTS BRIEF: A) In early 2005 the City Council approved an agreement with Tri-City Animal Control for an additional 40 hours per week of random animal patrol services to be provided exclusively in the City of Pasco. A five year agreement (2005 — 2009) was approved with a compensation schedule as shown, attached. B) As Tri-City Animal Control is no longer the contractor for the Animal Control Authority, staff has negotiated a similar random patrol agreement with A2Z Animal Sheltering Services (Angela Zilar), the current animal control contractor for the remainder of the five year period. Staff recommends approval of the attached agreement for the period April 1, 2007 through December 31, 2009, which coincides with the term of the original five year agreement and at approximately the same monthly cost. C) It should be noted that A2Z Animal Sheltering Services is paying slightly higher wages and benefits to her animal control employees; however, as part of the termination agreement with TCAC for the prior random patrol contract, the City has purchased the animal control vehicle that TCAC had purchased for this service ($16,000); hence no vehicle costs are included. Therefore, while the contract amounts are approximately the same, the City will need to include the vehicle purchase price in the supplemental budget for 2007. 3(f) PERSONAL SERVICES AGREEMENT Random Patrol This AGREEMENT is made and entered into this day of 2007, by and between A2Z Animal Sheltering Services (Angela Zilar, President), a not for profit corporation, 1312 South 18''Avenue, Pasco, WA 99301 ("Contractor"herein) and the City of Pasco, a political subdivision of the State of Washington("City"herein). Whereas, Contractor and City are parties to that certain Personal Services Agreement dated April 1, 2007 between Angela C Zilar, as "Contractor" and the cities of Kennewick, Pasco and Richland acting as the Animal Control Authority, "ACA", which shall hereinafter be referred to as the ACA Agreement; and Whereas, said ACA Agreement provides that individual cities may contract for additional random patrol services; and Whereas, Contractor and City desire to formalize the terms and conditions under which such random patrol services will be provided by Contractor in the City of Pasco. Now, therefore, Contractor and City agree as follows: 1.0 ARTICLE 1. PURPOSE OF AGREEMENT The purpose of this Agreement is to establish the relationship between the City and the Contractor,whereby the Contractor will provide random patrol services to the City in addition to those provided to the City under the ACA Agreement. The Contractor shall provide animal control services in specified areas of the City of Pasco and as specified in Attachment A hereof. In consideration for said services, the City shall pay the Contractor in U.S. funds such moneys and in such manner as herein described. 2.0 ARTICLE 2. INCORPORATION OF ACA AGREEMENT TERMS The terms and conditions of each of the Articles 2-10 and 12-24 of the ACA Agreement, are adopted and incorporated herein, by this reference as if fully set forth except for those articles as specifically modified herein below,providing that, for purposes of this agreement in Articles 7, 9, 10, 12, 16, 21, 22 and 23 the term"ACA" shall mean City of Pasco ("City") and"Contractor" shall mean A2Z Animal Sheltering Services ("Contractor"). 3.0 ARTICLE 3. WRITTEN NOTICE Any notice of change, termination or other communication having a material effect on this Agreement shall be served in one or more of the following manners: 1 a. In-person delivery to an authorized officer, employee, agent or other representative of the contracting parties. b. Deposited in the U.S. mails under certified or registered handling, postage prepaid,posted to the address(es)provided herein: City of Pasco Gary Crutchfield, City Manager Angela Zilar, A2Z Animal Sheltering Services PO Box 293, Pasco WA 99301 1312 South 18th Ave.,Pasco WA 99301 (509)545-3404 (509)545-3740 (509)545-3403 - fax (509)545-6293 —fax 4.0 ARTICLE 4. GOVERNING LAWNENUE This Agreement shall be governed by the laws of the State of Washington. Any action or suit commenced in connection with this Agreement shall be in the Franklin County Superior Court. 5.0 ARTICLE 8. INDEMNIFICATION AND HOLD HARMLESS The Contractor shall indemnify and hold the City of Pasco, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6.0 ARTICLE 13. USE OF ACA FACILITIES By and through this Agreement, Contractor and its employees or agents shall have the right to use such portions of the animal shelter which are leased to the ACA by the City of Pasco. All permitted uses, restrictions on use, repairs and maintenance, alterations, property insurance, utilities, damage or destruction and surrender provisions shall apply as per the ACA Agreement. 2 7.0 ARTICLE 14. RESPONSIBILITY FOR SUPPPLIES AND MATERIALS The City shall have no responsibility for the loss, theft, mysterious disappearance or damage to all equipment, tools,materials, supplies or other personal property of Contractor its employees, subcontractors or material, which may be stored on ACA premises. 8.0 ARTICLE 15. TERMINATION OF AGREEMENT This Agreement may be terminated under the following conditions: a. By written mutual agreement of both parties, termination under this provision may be immediate. b. Upon twelve (12)months written notice by either party to the other of intent to terminate. C. Failure to comply with the conditions of this contract may be grounds for termination. Contractor will be allowed reasonable time to correct conditions not in compliance with Agreement. However, the City may terminate this contract on 60 days notice for documented performance failures. d. Upon 30 days notice by the City, in the event of termination of the ACA Agreement under Article 15 of such Agreement, or conviction of a crime committed by the Contractor of one of its agents in the course of performing under this Agreement. e. Upon expiration or termination of the active ACA Agreement. If this Agreement is terminated by either party, the City agrees to pay to the Contractor all costs and expenses associated with services provided to the effective day of termination. Monies due and payable will be pro-rated based on the number of service days performed through the date of termination. Notwithstanding any termination hereunder, all requirements of this Agreement shall remain in full force and effect through the date of termination upon written notice from the City. 9.0 ARTICLE 16. STANDARD OF SERVICES Contractor agrees to perform services with that standard of skill and diligence normally provided by a professional organization in the performance of similar services. It is understood that the Contractor must perform the services based in part on information furnished by the City and that Contractor shall be entitled to rely on such information. However, Contractor is given notice that City will be relying on the accuracy, competence and completeness of the Contractor's services in utilizing the results of such services. To further this level of service, the contractor will utilize the written operational 3 procedures relating to daily operations, and specifically euthanasia procedures as developed for use in its agreement with the Animal Control Authority. 10.0 ARTICLE 17. TERM OF AGREEMENT This Agreement shall remain in force and effect from April 1, 2007 through December 31, 2009. The parties hereto agree that the terms of this agreement, and as they may in the future be modified, may be renewed for subsequent two-year periods upon written agreement of the parties. 11.0 ARTICLE 20. FEES The Contractor agrees to provide random patrol services as herein specified and in the manner specified. The City shall have no liability for taxes, insurance or other expenses associated with the performance of the Contractor's duties hereunder. 12.0 ARTICLE 24. INSPECTIONS The contractor shall submit to inspections of the premises and records by representatives of the City at any time, without prior notice. Such inspections may include, but not limited to, financial audits, records audits, inspection of kennels or observation of procedures. The Contractor and the City hereby agree to all provisions of this Agreement. Signed this day of 2007, Pasco, Washington. CITY OF PASCO GARY CRUTCHFIELD, City Manager CONTRACTOR: A2Z Animal Sheltering Services ANGELA ZILAR, President 4 Random Patrol ATTACHMENT A Duties and Responsibilities of the Contractor Pursuant to the ACA Agreement, it is anticipated the Contractor will continue to provide all of the services, duties and responsibilities assigned to Contractor and specifically outlined in Attachment A of said agreement. It is intended that Contractor will provide 40 hours per week of"random patrol" in and for the City of Pasco. Such random patrol shall consist of"Enforcement of Animal Regulatory Laws"as outlined in paragraphs 1-19 of Attachment A in the ACA agreement and subject to the following: 1. Weekly Schedule—The City will direct Contractor as to the weekly work schedule with the intent of addressing animal problem areas in the City and coordinating services to be provided under this agreement with the patrol services that are provided to the City under the ACA Agreement. The normal work schedule will consist of five consecutive work days each with a minimum of 8 and '/2 consecutive hours including a one half hour meal break. City will provide at least 10 days notice for significant changes in the schedule. 2. Canvassing—The City may direct Contractor to provide door-to-door canvassing of selected areas for regulatory compliance as part of the random patrol. 3. Animal Transport Equipment—The City shall provide to Contractor, exclusively for providing the services intended by this agreement, a patrol vehicle which shall have a uniform appearance and be equipped on a par with all other vehicles maintained for animal control by Contractor. Contractor shall be responsible for registration, licensing, insurance and all maintenance expense associated with said vehicle. Vehicle shall remain the property of the City upon termination of this agreement and,upon such termination shall be delivered to the City in the same condition as originally delivered to the Contractor,reasonable wear and tear excepted. 4. Contractor shall, within 120 days of the effective date of this agreement,secure certification from the Animal Kennel Club to provide Canine Good Citizen testing for City dog owners. Contractor shall provide CGC test clinics at least once every quarter during the term of this agreement or less frequently upon the approval of the City. 5. Compensation Schedule—As compensation for the services to be provided pursuant to this agreement, City shall pay to Contractor, in monthly installments,due on the first day of each month,the amounts listed in the attached Compensation Schedule corresponding to each calendar year for which this agreement is in effect. 6. Additional Compensation—In addition to the compensation identified in paragraph 5, above, City agrees to pay to Contractor,a)the sum of$10 for each stray dog, in excess of 160 dogs per month,that is found running at large and impounded by Contractor within the City limits of the City of Pasco; b)the sum of$10 for each animal license in excess of 20 per month, issued between May 1 and December 31 each year and c)the sum of $10 for each citation sustained by the municipal court, in excess of 20 per month, issued for animal control violations in the City. 7. Contractor shall provide written monthly reports summarizing all random patrol activities undertaken pursuant to this agreement. Such reports shall include documentation regarding"additional compensation" items outlined in paragraph 6,above. City shall provide payment for such items within 30 days of receipt of the activity report which documents the same. Compensation Schedule Pasco Random Patrol Services Assumed 2007 2008 2009 Annual Change Personnal 35,000.00 36,050.00 37,132.00 3% Taxes 7,000.00 7,210.00 7,426.00 3% Medical 4,200.00 4,830.00 5,555.00 15% Dental 900.00 1,035.00 1,190.00 15% Training 2,500.00 500.00 500.00 Uniforms 500.00 515.00 531.00 3% Vehicle 0.00 0.00 0.00 Equipment 500.00 250.00 250.00 Gas/Oil 3,450.00 3,554.00 3,660.00 3% Insurance 1,400.00 1,540.00 1,694.00 10% Maintenance/Repair 550.00 568.00 584.00 3% Overhead 1,000.00 1,500.00 2,000.00 Annual Total 57,000.00 57,552.00 60,522.00 Monthly Payment to Contractor: 4,750.00 4,796.00 5,044.00 AGENDA REPORT FOR: City Council April 5, 2007 TO: Gary Crutchf anager Workshop Mtg.: 4/9/07 %�, Regular Mtg.: 4/16/07 FROM: Stan Strebel,�AAd­ '.el' and Community Services Di SUBJECT: Professional Services Agreement with CKJT Architects for Municipal Center Space Needs I. REFERENCE(S): A. Proposed Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/9: Discussion 4/16: MOTION: I move to approve the Professional Services Agreement with CKJT Architects for the Municipal Center Space Needs Study and to authorize the City Manager to sign the document. III. FISCAL IMPACT: $14,000 IV. HISTORY AND FACTS BRIEF: A) One of the Council's goals for the 2006 — 2007 biennium is to "Develop a contemporary analysis of the work space needed to efficiently and effectively accommodate the projected growth of municipal service functions and associated employees over the next 20 years". To this end, the City has solicited proposals from firms capable of conducting the space needs study and has received a proposal from CKJT Architects for completion of the work. CKJT is familiar with Pasco City Hall and the City organization. They also recently completed a similar study for the City of Kennewick. B) The attached Professional Services Agreement outlines (in Attachment A) the scope of work that is proposed. The final report will provide current assessments of departmental needs and future departmental staff and area predictions through the year 2037, as well as future space organization layouts as required to meet growth projections and costs of predicted future construction. C) The proposed cost for the work is $14,000 with completion of the work by July 1 to enable staff to make recommendations for next year's capital budget as needed. Staff recommends approval of the agreement. 3(g) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and CKJT Architects, hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to perform a Municipal/Facility Work Space Needs Study. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scone of work. The scope of work shall include all services and material necessary to complete the work as outlined in the scope of services entitled "Rev 1, City of Pasco Growth Study" that is dated April 4, 2007, and marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Ownership and use of documents. 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 full 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 as set forth on the fee schedule found in Exhibit A (2 pages, attached), provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $14,000.00 without prior authorization of the City. 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. CKJT Architects Municipal/Facility Work space Needs Study 1 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 promptly and deliver the work product by July 1, 2007. 5. Hold harmless agreement. In performing the work under this contract, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnities"), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnities 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 caused 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 in the 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. 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 sub-consultants during the performance of this contract. CKJT Architects Municipal/Facility Work space Needs Study 2 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. 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. 12. 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. 13. 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. 14. Non-assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 15. 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. CKJT Architects Municipal/Facility Work space Needs Study 3 16. Notices. Notices to the City of Pasco shall be sent to the following address: CITY OF PASCO P. O. BOX 293 PASCO, WA 99301 Notices to the Consultant shall be sent to the following address: James Taylor CKJT Architects 128 Vista Way Kennewick,WA 99336 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 ,2007 CITY OF PASCO CONSULTANT: CKJT Architects By: By: City Manager Title: CKJT Architects Municipal/Facility Work space Needs Study 4 Exhibit "A" Rev 1 CITY OF PASCO GROWTH STUDY PHASE I ckjt 4/4/2007 1 STATISTICAL INFORMATION HOURS RATE LUMP SUM a Acquire State of Washington Office 2 84 168 of Financial Management draft copy of Franklin County growth projections b Acquire historic population records for 2 84 168 Franklin County and the City of Pasco c Acquire historic City of Pasco records 1 84 84 for Departmental Staff sizes d Meet with Pasco Planner to review and 2 84 168 select county and city population growth project accounting for annexation 2 PROGRAMMING PHASE HOURS RATE LUMP SUM a Meet with the following Departments: City Manager 1 84 84 Communication Specialist 1 84 84 Human Resources 1 84 84 Administrative and Community Services 1 84 84 Financial Services 1 84 84 Utility Billing/Customer Service 1 84 84 City Clerk 1 84 84 Information Services 1 84 84 Facilities Services 1 84 84 Recreation Services 1 84 84 Community and Economic Development 1 84 84 Planning 1 84 84 Code Enforcement 1 84 84 Building Inspections 1 84 84 Municipal Court 1 84 84 Police 1 84 84 Investigations Services 1 84 84 Patrol Services 1 84 84 Administrative Services 1 84 84 Records Services 1 84 84 Public Works 1 84 84 Engineering Services 1 84 84 City Prosecutor 1 84 84 b Prepare space needs and meeting notes 23 84 1932 from meetings c Submit space needs and meeting notes 1 84 84 for review and comment d Accept comments and revise space 2 84 168 and/or meeting notes as required I J 3 DATA INPUT/OUTPUT PHASE HOURS RATE LUMP SUM a Develop Spread Sheet 40 84 3360 b Present data output for review and 2 84 168 comment c Accept comments and revise spread- 2 84 168 sheet as required d Select maximum present vacancy rate to 2 84 168 accommodate initial growth period 4 SPACE LAYOUT PHASE HOURS RATE LUMP SUM a Study Departmental organization at 32 84 2688 Pasco Civic Center b Study building expansion opportunities 8 84 672 at Pasco Civic Center c Study Departmental relocation outside 8 84 672 Pasco Civic Center d Present various layouts for review and 1 84 84 commnet e Accept comments and revise layouts as 4 84 336 required g Estimate construction costs in 2007 4 84 336 dollars 5 FINAL REPORT HOURS RATE LUMP SUM a Compile& print Final Report consisting 6 84 504 of current assessments of Departmental 3.5 40 140 needs,future Departmental Staff and area predictions through 2037,future space organization layouts as required to meet growth predictions, and costs of predicted future construction TOTAL 168.5 14000 AGENDA REPORT TO: City Council April 5, 2007 FROM: Gary Crutch i Manager Workshop Mtg.: 4/9/07 SUBJECT: Police Officer Recruitment I. REFERENCE(S): 1. Memorandum to City Manager from Police Chief, dated 4/5/07 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 4/9: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Pasco has hired 30 police officers over the past five years, reflecting both increased demand for service (population growth) and normal turnover (retirements, resignations, discharges, etc.); 28 of those new hires were `recruits" (no experience). Each time the city hires a new recruit the individual must be properly trained. The state's criminal justice academy is 18 weeks of course-work and training which must be "passed" to obtain the state-required certification as a law enforcement officer. Once graduated, the recruit is then assigned to "field training"duty(riding along with a senior officer) for 15 weeks to apply the training on the streets of Pasco and be evaluated by the department as to the recruit's ability to "solo" (be assigned to a patrol unit). While most recruits become fine police officers, a few do not pass the academy or field training evaluation, which means the city must "start over" with a new recruit, academy, field training... The cost of training a recruit is embedded in the time the individual is on the city payroll but locked into the training program. With a total of 33 weeks of required training, the city invests a minimum of$40,000 to train each recruit. B) In addition to the hard-dollar cost of initial training, the amount of time consumed for training causes a substantial delay between a budget decision and its effect. To make things even worse, a surge in the number of recruits being hired by cities across the state has created a backlog for academy training; recruits must now wait three to six months before they even start the academy. Consequently, the time lapse between the budget decision to hire a police officer and the day the recruit is "on the street" (solo), is one full year(at best). C) Given the current and projected growth in service demand in Pasco, the number of vacant positions currently required to be filled (6) and the likelihood of additional positions over the next few years, staff proposes an additional (perhaps radical) strategy to fill vacant police officer slots. V. DISCUSSION: A) The city is authorized to hire trained officers via "lateral entry"; that is, officers from other agencies could apply(through the Civil Service process) for potential selection. The challenge is how to generate more interest on the part of officers from other agencies to apply for employment in Pasco. To that end, staff suggests use of a "recruitment contract" (in addition to all pay and benefits prescribed by the union contract). 3(h) B) The "recruitment,contract" would provide for an annual cash payment at the end of each consecutive:12-month period of employment as a Pasco officer. In determining the amount, it should be noted that hiring a lateral entry officer avoids the time delay between the budget decision and "on the street" benefit as well as avoiding the $40,000 hard-dollar expense for the recruit training period. Consequently, a substantial share of the avoided hard-dollar expense could be allocated to the recruitment contract. One concept would provide a $3,000 payment at the end of each year, for up to 10-consecutive years. In that scenario, the city would benefit from a certified police officer on the street immediately, would avoid the extraordinary delay of training and would spend less than required for a recruit (and the expense would occur over a 10-year period, rather than all in the first year). C) If Council concurs in the use of such an incentive for "lateral entry" recruitment, it should be approved by Resolution (which can be prepared for the next business meeting). MEMORANDUM PASCO POLICE DEPARTMENT TO: Gary Crutchfield, City Manager FROM: Denis Austin, Chief of Police SUBJECT: Recruiting and Retention of Police Officers DATE: April 5, 2007 I have attached a draft agenda report regarding possible incentive to attracting lateral entry police officers for your review. These incentives are signing bonuses, moving expenses and higher entry pay. I have also included in this memo information that was gleaned from a number of advertisements for police recruits around the state and are provided for food for thought only. Issues associated with recruiting and retention of police officers has been a national issue for the past 10 years. We have seen a number of obstacles with recruiting qualified candidates and it will likely be more difficult in the future. It is apparent that we will need to change our benefits and recruiting tactics if we are going to stay competitive and see any real change in the applicant pool. Washington State will have 40% of the current LEOFF II officers eligible for retirement in the next ten years. This will place an even greater demand on the future qualified applicants. Similarly, we are seeing officers leaving our department for"Greener Pastures". Because the issues with recruiting qualified candidates are not unique to Pasco, many agencies are finding ways to lure already trained (lateral) applicants. Some are offering a front end hiring bonuses moving expenses and mid range or higher level entry pay, increasing popular is the enhanced benefit packages. Recognizing that base salary alone may not be enough to recruit and retain officers. Pasco's situation is much like other agencies that are growing and hiring new officer positions. The background investigations are time consuming and labor intensive, then the academy selection and wait time is averaging four to five months. Once you add the necessary Field Training Program you have about 10 months invested before the officer is working in an individually assigned patrol area. With this type of delay, agencies are doing everything they can to keep the officers they have and if they can recruit lateral officers they are aggressively doing that as well. Presently, we have one officer entering the Academy April 11, 2007 after waiting five months for a slot to become vacant. He will graduate August 16, 2007 and then enter our 15 week Field Training Program. Additionally, we have three officers who were given offers of employment in January 2007, contingent on an Academy date. We are being told they may get into the June 2007 Academy. If that isn't enough, we also have three vacancies to fill, one new hire and two who were just hired by Richland. This presently leaves the department with six vacancies and one just entering the Academy, thus creating scheduling and overtime issues beyond our control and facing the reality that we will not see many of these officers on the street well into 2008. 1 hope this information is helpful and I will make myself available for further discussion if you wish to explore this further.