HomeMy WebLinkAbout2007.07.09 Council Workshop Packet AGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. July 9,2007
1. CALL TO ORDER
2. VERBAL REPORTS FROM COUNCILMEMBERS:
3. ITEMS FOR DISCUSSION:
(a) Sex Offender Tracking Presentation. (NO WRITTEN MATERIAL ON AGENDA)
Presented by Captain Jim Raymond, Pasco Police Department.
(b) Meals on Wheels Presentation. (NO WRITTEN MATERIAL ON AGENDA) Presented by
Marcie Woffinden, Meals on Wheels Program Director.
(c) HUD Single Family Housing Revitalization Area Designation:
1. Agenda Report from Richard J. Smith, Community& Economic Development Director and
Angela R. Pitman, Block Grant Administrator dated July 6, 2007.
2. Map of Proposed Pasco Single Family Revitalization Area,June 2007.
3. Letter of Support, Mayor Olson to Arlene Patton, HUD Single Family Housing
Revitalization Area(SFHRA).
4. Resolution Supporting Designation of the Proposed Revitalization Area.
(d) 2007 West Pasco Sewer Extension (Ella and Road 36):
1. Agenda Report from Robert J. Alberts, Public Works Director and Michael McShane,City
Engineer dated July 2,2007.
2. Vicinity Map.
3. Quote Summary.
(e) Senior Center Study/Plan Phase II:
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
June 25, 2007.
2. Proposed Agreement with Educational Service District 123.
(f) Cooperative Agreement on Facility Use,Pasco School District:
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
July 5, 2007.
2, Proposed Agreement.
(g) Regional Hotel/Motel Commission Appointments:
1. Agenda Report from Gary Crutchfield, City Manager dated June 25,2007.
2. Letter from Tri-Cities Hotel Lodging Association President dated 6/13/07.
3, Section 5, Interlocal Agreement for Tri-City Regional Tourism Promotion Area.
(h) Legislative Consultant Agreement:
1. Agenda Report from Gary Crutchfield,City Manager dated July 5,2007.
2. Proposed Agreement
4. OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
5. EXECUTIVE SESSION:
(a)
(b)
(c)
6. ADJOURNMENT.
Workshop Meeting 2 July 9,2007
Reminders:
1. 12:00 p.m., Monday, July 9, Pasco Red Lion — Pasco Chamber of Commerce General Membership
Meeting. (Featured Speaker: Senator Mike Hewitt)
2. 6:30 p.m., Monday, July 9, City Hall Conference Room 49 — Old Fire Pension Board Meeting.
(COUNCILMEMBER JOE JACKSON, Rep.; MATT WATKINS,Alt.)
3. 10:00 a.m., Tuesday, July 10, Senior Center — Senior Citizens Advisory Committee Meeting.
(COUNCILMEMBER TOM LARSEN, Rep.; BOB HOFFMANN, Alt.)
4. 8:00 a.m., Wednesday, July 11, Pasco Red Lion —Washington State Association of Fire Chiefs' 75`h
Annual Convention. (MAYOR JOYCE OLSON)
5. 12:00 p.m., Wednesday, July 11, 1135 E. Hillsboro Street #B — Franklin County Mosquito Control
District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; JOE JACKSON,Alt.)
6. 7:00 a.m., Thursday, July 12, Cousin's Restaurant — BFCG Tri-Mats Policy Advisory Committee
Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.;JOE JACKSON, Alt.)
7. 4:00 p.m., Thursday, July 12, 3416 Stearman Avenue -- Solid Waste Advisory Committee Meeting.
(COUNCILMEMBERS MIKE GARRISON and TOM LARSEN, Reps.; MAYOR JOYCE OLSON
and COUNCILMEMBER MATT WATKINS,Alts.)
8. 7:00 p.m., Thursday, July 12, Transit Facility — Ben-Franklin Transit Board Meeting.
(COUNCILMEMBER MATT WATKINS,Rep.; MIKE GARRISON, Alt.)
AGENDA REPORT NO. 58
FOR: City Council Date: July 6, 2007
TO: Gary Crutehfi it Manager Workshop: 7/9/2007
Regular: 7/16/2007
FROM: Richard J. Srn' h, Director
Community Economic Development
Angela R. Pitman,Block Grant Administrator C610
SUBJECT: HUD Single Family Housing Revitalization Area Designation
I. REFERENCEN:
A. Map of Proposed Pasco Single Family Revitalization Area, June 2007
B. Letter of Support, Mayor Olson to Arlene Patton, HUD Single Family Housing
Revitalization Area(SFHRA)
C. Resolution Supporting Designation of the Proposed Revitalization Area
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
7/9/2007: DISCUSSION
7/16/2007 MOTION: I move to approve Resolution No. supporting designation of
the HUD proposed Single Family Housing Revitalization Area and,
further, authorize the Mayor to sign the letter of support.
III. FISCAL IMPACT
None.
IV. HISTORY AND FACTS BRIEF:
A. In July and October of 2006, Kurtzman Park neighborhood meetings identified
infrastructure improvements, maintenance of vacant lots, curbing of illegal dumping,
and an enhanced Police presence as priority needs. Staff prepared the Kurtzman Park
Action Plan as a general guide for improvements in the area which was accepted by
Council in January 2007.
B. There have been 17 foreclosures on HUD homes from May 2005 to April 2007 in the
Kurtzman Park and Highland Park neighborhoods (Census Tract 201, Block
Groups 2 and 4).
C. HUD designates geographic areas Revitalization Areas for the purpose of expanding
homeownership opportunities by offering HUD-owned single-family properties
located in neighborhoods with very low income (less than 60 percent of the median
household income), low ownership (70 percent or less owner occupied properties), or
high concentration of default or foreclosed properties. The boundaries should be
sufficient to cover areas with an inventory of foreclosed properties, and may be added
to or modified when the need arises.
D. Designation as a HUD Revitalization area allows local governments and qualified
nonprofit organizations to participate in discount programs such as The Neighbor
Next Door, Dollar Homes, and Sales to Nonprofits. The Good Neighbors Next Door
encourages renewal of revitalization areas by providing law enforcement officers,
firefighters, emergency medical technicians, and teachers the opportunity to purchase
homes in these areas at a fifty percent discount off the list price of eligible properties.
If after six months of marketing, Federal Housing Administration (FHA) is unable to
sell the homes. Local governments are offered the opportunity to purchase qualified
HUD-owned homes for$1 each.
V. DISCUSSION:
A. The Highland Park and Kutzman Park neighborhoods both meet most of these
criteria. Located within Census Tract 201, which is comprised of over 74.6% low to
moderate income persons, these neighborhoods face many challenges such as crime.
safety, need for infrastructure improvements, and quality of life. In addition,
3(c)
B. Designating Census Tract 201, Block Groups 2 and 4 as a Single Family
Revitalization Area will make it possible for Pasco teachers, law enforcement
officers, firefighters and EMT's to participate in the Good Neighbors Next Door
(GNND) program. The program is a benefit to those who participate, providing a
home at a 50% discount; but, it also benefits the neighborhoods. Vacant homes are
filled with citizens who hold highly visible jobs within the City and are able to make
a positive difference in their neighborhoods. Homes that are not sold after six months
may be purchased by the City for$1 each.
C. The Community Housing Improvement Program (CHIP) encourages revitalization
and home ownership through rehabilitation of existing homes and downpayment
assistance for first time homebuyers in the City of Pasco. The Museum and
Longfellow neighborhoods which are located in Census Tract 202 have been
identified as priority areas. These areas may be added by HUD if they become
affected by a high inventory of foreclosed properties.
D. In conclusion, these two distressed neighborhoods meet the criteria to be designated
as a HUD Revitalization Area, including the strong commitment of local government.
Staff recommends the City of Pasco support HUD's Single Family Housing
Revitalization Area Designation by authorizing signature of the Letter of Support
(EXHIBIT A) and approval of the Resolution (EXHIBIT B).
EXHIBIT A
Proposed Pasco Single Family Revitalization Area
June 2007
VON
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—HUD Foreclosure—May 2005—April 2006
,l� —HUD Foreclosure—May 2006—April 2007
Request for Single-Family Revitalization Area
Pasco,WA
June 2007
Proposed Revitalization Area
Pasco—Proposed Block Groups
Census Tract 201—Block Group 2
• North—Broadway,Parkview and Highland Street
South--E.Lewis Street
• East —Highway 395
• West —Oregon,Wehe, &Elm Avenue
Census Tract 201—Block Group 4
• North--E. Lewis Street
• South—A Street
• East —Highway 395
West —Wehe Avenue
Census Tract —Block Group
REO Inventory:
A review of H`UD's total REO inventory, from May 1st, 2005 through April 30"',2007, identified
approximately 45 REO properties within the City of Pasco. 17 of these properties (38%) were
within the proposed revitalization neighborhood.
2000 Census Information for Proposed Revitalization Area:
Income By Census Block Groups:
Tract 201, Tract 201,
Block Block
Pasco,WA Pasco Group 2 Group 4
Median household income $34,540 $30,368 $28,173
Owner Occupied Households By Census Block Grou s:
Tract 201, Tract 201,
Block Block
Pasco Homeownership rate Pasco Group 2 Group 4
Total: 9,614 505 319
Owner occupied 5,740 403 114
Overall Homeownership rate 60% 80% 36%
2000 Census Information
(BG—Block Group)
EXHIBIT B
July 3, 2007
Ms. Arlene Patton, Field Office Director
Department of Housing and Urban Development
Thomas Foley Courthouse Building
920 W Riverside, Suite 588
Spokane, WA 99201
Subject: HUD Single Family Housing Revitalization Area Designation (SFHRA)
Good Neighbor Next Door Program(GNND)
Dear Ms. Patton:
The City of Pasco supports designation of the proposed HUD Single Family Revitalization Area
(SFHRA). The proposed SFHRA encompasses the existing Kurtzman Park Neighborhood
Action Plan area, approved by Council in January, 2007. Located within Census Tract 201,
which is comprised of over 74.6% low to moderate income persons, this neighborhood faces
many challenges such as crime, safety, infrastructure, and quality of life.
Neighborhood meetings in the area near Kurtzman Park in July and October, 2006, identified
infrastructure improvements,maintenance of vacant lots/illegal dumping, and an enhanced
Police presence as priority needs. For this reason, the city is hopeful that through partnership
with HUD, and implementation of programs such as Good Neighbor Next Door program,
substantial revitalization progress may be realized in this area.
The City of Pasco welcomes the opportunity to work with HUD in building a better community
through the proposed Single Family Revitalization Strategy Area. If you have any additional
questions, please contact Angela Pitman, Block Grant Administrator, at (509) 543-5739.
Sincerely,
Joyce Olson, Mayor
City of Pasco
/arp
Cc: Rick Smith, Community& Economic Development Director
Angela Pitman, Block Grant Administrator
EXHIBIT C
RESOLUTION NO.
A RESOLUTION SUPPORTING HUD DESIGNATION OF CENSUS TRACT 201,
BLOCK GROUPS 2 AND 4 AS A SINGLE FAMILY REVITALIZATION AREA.
WHEREAS, the U.S. Department of Housing and Urban Development has identified
Census Tract 201, Block Groups 2 and 4 as meeting the requirements to be designated as a
Single Family Housing Revitalization Area, and
WHEREAS, the City of Pasco is strongly committed to revitalization efforts in the
proposed neighborhoods; and
WHEREAS, implementation of the HUD Programs such as the Good Neighbor Next
Door program in this neighborhood may substantially improve revitalization efforts; Now,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Section 1. The City Council provide a letter to the U.S. Housing and Urban
Development supporting designation of Census Tract 201, Block Groups 2 and 4 as a single
family revitalization area and facilitating City participation in HUD programs such as Good
Neighbor Next Door and Direct Sales Program for Nonprofit agencies and Municipalities.
PASSED by the City Council of the City of Pasco this day of , 2007.
CITY OF PASCO:
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
AGENDA REPORT NO. 14
FOR: City Council DATE: July 2, 2007
TO: Gary Crutch te �nginecr Manager Workshop Mtg: July 9, 2007
Regular Mtg: July 16, 2007
FROM: Robert J. AlbWorks Director
Michael McS
SUBJECT: 2007 West Pasco Sewer Extension (Ella and Road 36)
I. REFERENCE(S):
1. Vicinity Map
2. Quote Summary
lI. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
7/9/07: Discussion
7/16/07: Motion: I move to award the low bid for the 2007 West Pasco Sewer
Extension(Ella and Road 36)project, #07-1-01 to Shoemaker Excavation, Inc., in
the amount of$48,354.87 including sales tax, and further, authorize the Mayor to
sign the contract documents.
III. FISCAL IMPACT:
Sewer Fund
IV. HISTORY AND FACTS BRIEF:
Staff has received four quotes for the 2007 West Pasco Sewer Extension(Ella and
Road 36) project, #07-1-01. The low quote was received from Shoemaker
Excavation, Inc., in the amount of $48,354.87 including sales tax. The second
lowest quote was received from Sharpe & Preszler in the amount of$48,740.42
including sales tax.
The scope of the project includes the installation of 390 linear feet an 8-inch
sewer main from Road 35 to Road 36. The installation will provide sewer service
to a resident with a failed septic system. This project is located within the area
identified in the Capital Improvement Program to extend sewer in West Pasco.
Staff recommends award of this contract to Shoemaker Excavation, Inc.
V. ADMINISTRATIVE ROUTING
Project File
3(d)
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QUOTE SUMMARY
2007 West Pasco Sewer Extension (Ella and Road 36)
Shoemaker Excavation, Inc. $489354.87
Sharpe & Preszler $489740.42
Mahaffey Enterprises $49,753.02
Premier Excavation $509698.48
AGENDA REPORT
FOR: City Council June 25, 2007
TO: Gary Crutchfi Manager Workshop Mtg.: 7/9/07
Regular Mtg.: 7/16/07
FROM: Stan Strebel mitlustrative and Community
Services Dire�1
SUBJECT: Senior Center Study/Plan Phase II
I. REFERENCE(S):
A. Proposed Agreement with Educational Service District 123 (ESD)
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
7/9: Discussion
7/16: MOTION: I move to approve the Professional Services Agreement with the
Educational Service District 123 and further, authorize the City
Manager to execute said agreement.
III. FISCAL IMPACT:
$4,410.00
IV. HISTORY AND FACTS BRIEF:
A) In 2006 the City contracted with Gerontoloigcal Consultants Northwest, Inc.to
conduct a study to evaluate the Senior Center and help define what it is, who it
serves and what stumbling blocks stand in the way of better participation and use
of the facility. The strongest recommendation coming out of the study was to
form a Planning Committee to address the Senior Center's shortcomings, current
and future needs and to develop a 1 — 5 year and 10 year plan, followed by a
marketing plan.
B) The ESD has the expertise and resources to conduct such a session in a single day
through a program known as Compression Planning. The planning session would
include all of the individuals who participated in Phase I of the Senior Center
Study, plus other interested individuals. The ESD representatives who will
conduct the program have done similar successful programs for the Pasco School
District, North Franklin School District and the Association of Educational
Service Districts.
C) Following the planning session ESD will prepare a final report for operation and
marketing of the center in 1, 5 and 10 year time frames. Staff recommends
approval of the agreement.
3(e)
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to
as the "City",and Educational Service District 123 hereinafter referred to as the "ESD".
WHEREAS, the City desires to engage the professional services and assistance of a consulting
firm to develop a mission statement, current and future needs, a 1, 5 and 10 year plan for the Senior
Center operations and marketing plan.
NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between
the parties hereto as follows:
1. Scope 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 "Pasco Senior Center Study, Phase II,
Scope of Services" 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 ESD are used
for purposes other than those intended in this Agreement, the City of Pasco does so at the City's sole risk
and agrees to hold ESD 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 ESD 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 follows:
Lump sum compensation for actual hours spent not to exceed $4,410.
B. All vouchers shall be submitted by the ESD to the City for payment pursuant to the
terms of this Agreement. The City shall,pay the appropriate amount for each voucher to the ESD. The
ESD may submit vouchers to the City monthly during the progress of the work for payment of
completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant
process.
C. The costs records and accounts pertaining to this Agreement are to be kept available
for inspection by representatives of the City for a period of three (3) years after final payment. Copies
shall be made available upon request.
Educational Service District 123 Senior Center Study
I
4. Time of performance. The ESD shall perform the work authorized by this Agreement
promptly and deliver the completed work product by August 31, 2007.
5. Hold harmless agreement. In performing the work under this contract, the ESD 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 ESD or any person or organization for
whom the ESD 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 ESD or any person or organization for whom the ESD 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 ESD 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 ESD 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. The ESD shall not discriminate against any employee or
applicant for employment because of race, color, religion, age, sex, national origin or physical handicap.
8. ESD 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 ESD shall
be deemed to be an agent, employee or representative of the City for any purpose. The ESD shall be
solely responsible for all acts of its agents, employees, representatives and sub-consultants during the
performance of this contract.
9. City approval. Notwithstanding ESD'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.
Educational Service District 123 Senior Center Study
2
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
ESD'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. Nan-assignable. The services to be provided by the contractor shall not be assigned or
subcontracted without the express written consent of the City.
15. 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 ESD shall be sent to the following address:
ESD 123
Bruce Hawkins, Superintendent
3918 W. Court St.
Pasco WA 99301
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 ESD: s
By: By: ,
City Manager
Title:
Educational Service District 123 Senior Center Study
3
Exhibit A
Pasco Senior Center Study, Phase II
Scope of Services
Proposed Scope of Work
Review Phase 1 Report
Review proposal with ESD 123 Superintendent
Draft proposed fees; draft contract with Client
Draft workshop design
Review design with consultant
Collect any additional background information, data, etc.
Draft letter of invitation to be sent to workshop participants
Assist Client with arrangements for lunch/snacks--not included in consultant fee
Conduct workshop (July 26, 2007)
Prepare final report
Report to include:
a) Mission Statement
b) Action plan(1 —5 years) for implementation of study recommendations
c) Foundation for 10 year action plan
Projected Work Effort
Hours Work
6 Client consultation prior to workshop—interview protocol; background
information(collect program data); tour of facility(Judy)
24 Workshop planning and preparation of materials (Judy/Greg)
3 Final consultation with client
4 Room prep for workshop—day before (Judy/Greg)
16 Workshop facilitation—Judy& Greg (2 @ 8 hrs/each)
8 Preparation of final report
2 Consultation with client to determine next steps
63 63 @ $70/hr-$4,410
22 @ $70/hr-$1,540 paid directly to Greg (or ESD 123 can
contract with Greg so all fees are paid to ESD 123)
41 @ $70/hr- $2,870 paid to ESD 123
Educational Service District 123 Senior Center Study
4
AGENDA REPORT
FOR: City Counci July 5, 2007
TO: Gary Crutch Manager Workshop Mtg.: 7/9/07
Regular Mtg.: 7/16/07
FROM: Stan Strebel, dminispatwe and Community
Services Dire or ,
SUBJECT: Cooperative Agreement on Facility Use, Pasco School District
I. REFERENCE(S):
A. Proposed Agreement
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
7/9: Discussion
7/16: MOTION: I move to approve the Interlocal Agreement for Joint Facility use
with the Pasco School District and to authorize the City Manager to
sign the agreement.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
A) The City and the Pasco School District have a long history of working
cooperatively with programs and resources to serve the citizens. One of the areas
where cooperation is most evident is in the use of facilities. The Recreation
Division uses many school facilities to provide recreation programs in the
community. The City assists the District in meeting its needs through park,
swimming pool and sports facility uses.
B) As both organizations have increased in size and the number of facilities has
multiplied, staff feels the need to outline the basic understandings that have
existed between the City and the District while establishing some formal
procedures so that this productive relationship can continue as smoothly as
possible.
C) The attached proposed agreement is the result of much collaboration on the part of
the respective staffs and is recommended for approval by Council.
3(f)
Tnterlocal Agreement
City of Pasco
And
Pasco School District No.1
Agreement for joint use of facilities owned by
the City of Pasco and/or the Pasco School District No.1
RCW Chapter 39.34 authorizes the City and District to enter into an intergovernmental
agreement for the use of property for curricular or extra curricular and recreational purposes.
Throughout this agreement the City of Pasco and the Pasco School District are referred to as
the"parties". In all cases the intent is to have all provisions apply equally to the City and the
District.
1. PURPOSE, INTENT AND TERM OF THIS AGREEMENT
To provide guidelines for the use of facilities that belong to the City of Pasco or the
Pasco School District by the other party in a manner that does not interfere with the
specific educational and/or recreational purposes for which the facility was intended.
2. GOVERNANCE
2.1 The Administrative and Community Services Director or his designee shall
represent the City and the Assistant Superintendent of Business and
Operations or his designee shall represent the District and each shall be jointly
responsible for administering this AGREEMENT.
2.2 The parties shall each have facilities use policies that detail the day-to-day
guidelines and procedures for operation of their respective facilities. Rules
governing priority of use for each party in the other's facilities shall be clearly
delineated in rules and regulations adopted by each party.
(See attachments A,B and C)
3. USE OF PARTY'S FACILITIES BY THE OTHER PARTY
3.1 The parties shall each give the other priority or first right of refusal for facility
use over other outside agencies. Each school will submit a list or calendar
citing all school functions which conflict with the times requested for
Recreation Services. This list will accompany the returned, signed Facility
Use Agreement. (See attachment D)
Interlocal Agreement
City of Pasco and
Pasco School District
3.2 The parties shall not be charged for the use of the other party's facilities for
recreational, curricular or extra curricular purposes, unless extraordinary staff
labor or incremental costs are incurred and agreed upon by the City and
District in advance.
3.3 A list of the shared parties' facilities may include elementary school, middle
school and high school gymnasiums, classrooms, play fields, Edgar Brown
Stadium, Memorial Swim Pool, City Hall gymnasium, softball complex and
soccer fields.
3.4 The party using a facility shall be charged for damage or loss to equipment
and/or facility, or extraordinary clean-up caused by participants in activities
sponsored by that party. The facility administration will determine the actual
cost of damage and bill the user for the expense of repair or replacement. The
facility administrator will be trusted to determine the cost of damage and affix
a fair cost to repair damage of facility and/or equipment.
3.5 The facilities that are used by the other party will be left in the condition
existing before said event, except that facility staff will clean and maintain all
areas.
3.6 If a facility becomes unusable due to breakdown or an extreme maintenance
issue, each party will do all they can to rectify the situation or provide
alternate facilities.
4. SCHEDULING OF ACTIVITIES AND CANCELLATIONS
4.1 The Owner of a facility reserves the final right to cancel any scheduled use of
such facility. In the event of cancellation of use of facilities other than for
emergencies, 10 days written or electronic notice shall be provided when
possible. The cancelling party will work cooperatively with the other party to
provide an acceptable alternative when circumstances require a cancellation.
4.2 Both parties agree that their use of the other party's facilities will comply with
the rules and policies governing the use of the facility. (See attachment B)
4.3 Both parties will submit facility request forms to the other for all anticipated
use during the school year at least 90 days before the date of use.
5. SECURITY
Both parties recognize the importance of proper security and acknowledge
responsibility for buildings/site security before, during and after events.
Facility supervisors will report any suspicious activity to the police. Facility
supervisor will make sure building is unoccupied after activity and that all
Interlocal Agreement
City of Pasco and
Pasco School District
participants have exited the building and make sure that the building is secure
upon his or her departure of the said facility. _
6. COSTS AND FEES
6.1 User fees may be set for programs and activities that either party schedules in
facilities of the other party. The scheduling party shall retain such fees as
revenue.
6.2 Extraordinary costs incurred by the District for City activities or City for
District activities must be defined as such in advance; then billed accordingly
These costs will include actual custodial or groudsman overtime rates or rental
of equipment. The City of Pasco will pay overtime for custodians for events
which encompass high traffic and high use of facility.
Such costs may include, but are not limited to, vandalism or damage,
additional maintenance and utility/mechanical incremental costs (such as, but
not limited to,playing field lights, gym use or computer use). The parties will
develop a list of allowable incremental costs.
6.3 In allowing for the joint use of each party's facilities, the parties intend that
such use and/or development shall not cause any additional non-reimbursed
direct or indirect costs or liability or degradation of property for the owner of
the facilities. It is the intent of the parties that all other agreements entered
into between the parties pursuant to this provision shall be consistent with this
AGREEMENT including this section and shall be construed accordingly.
6.4 Each party agrees to hold the other party harmless, to the extent allowed by
law, from any and all liability incurred as a result of the use or development of
the other party's property. Each party shall be responsible for losses arising
from its own negligence and any damages attributed to joint negligence shall
be comparatively apportioned between the parties involved.
7. INSURANCE
Unless otherwise provided, it is agreed that the parties each shall maintain their own
facilities and equipment, which is used by the other party, and each shall maintain
their own liability and property insurance coverage.
8. AMENDMENTS
This AGREEMENT may be amended at any time by the mutual consent of the parties
expressed by the adoption of appropriate resolution by the governing body of each
party.
9. TERMINATION
Interlocal Agreement
City of Pasco and
Pasco School District
This AGREEMENT may be terminated by either party acting alone for any reason
upon ninety(90) days written notice to the other party. This AGREEMENT may be
terminated at any date upon the mutual agreement of the parties.
10. REAL OR PERSONAL PROPERTY
The Parties do not intend to purchase or hold any real or personal property related to
this agreement,which will require transfer of ownership at any time nor on
termination or expiration of this agreement.
11. RECORDING
Upon execution of this agreement by authorized representatives of each of the Parties,
this agreement shall be placed of record by recording with the Franklin County
Auditor.
Dated this day of 2007
Pasco School District City of Pasco
Gary Crutchfield
Superintendent City Manager
APPROVED TO FORM
Lee Kerr . �_ . .
City Attorney
Interlocal Agreement
City of Pasco and
Pasco School District
Attachment A
2.2
Middle school facilities supervisor's procedure for using school facilities
1. Upon entering the facility, check for damages and report it to the Recreation Services
office.
2. Inspect restrooms and equipment that will be used for recreation activities.
3. Make routine walkthroughs to ensure people are not in areas that are off limits.
4. Clean up all trash before leaving facility.
5. Sweep basketball court and return equipment to designated storage area.
6. Lock every door before leaving facilities.
Grade schools (Twin City Youth Basketball)
1. Parents will drop off kids on time and only if coach is present,
2. Parents will pick up kids on time.
3. Coaches, players and parents will not use school/P.E. equipment.
4. Coaches, players and parents are to remain in the gym at all times, except when
getting a drink or using the restroom.
5. Facility will be left as it was found, including returning the basket to its' original
height.
Adult volleyball program, McLoughlin Middle School
1. Gym supervisor will sweep gym floor.
2. Gym supervisor will set-up and take down volleyball equipment.
3. Janitors are asked to help with clean-up and putting away of bleachers and garbage
from school event/games immediately following school functions.
4. See attached Facility Use Form (reverse side) for each school's requirement.
3.1
Typical annual schedule of events
1. Fall choir and band concerts.
2. Winter choir and band concerts.
3. Spring choir and band concerts.
4. Sports home games.
5. PTA meetings once a month.
Interlocal Agreement
City of Pasco and
Pasco School District
Attachment B _
PHS Softball Field Use Concerns:
• Be responsible for opening and closing own gates, double check gates for security,
lock padlocks to fence when gate is open to prevent loss.
• Open and close restrooms (unlock and lock) each day. This will be coordinated with
McLoughlin or other user group when present.
• Caution players about speeding in the parking lots, it will not be tolerated.
• Use only Fields #4, 5 & 6 unless other arrangements have been made.
• Keep the office current with your practice and game schedules; exact days and times.
Call anytime to leave a message, Recreation Services 545-3456.
• Call control link to schedule the lights 1 (877) 347-3319 anytime, you will need a
user name and password. Notify the Recreation office when lights are scheduled.
• If practice or game is cut short or cancelled, call control link to have the lights shut
off.
• Do not allow unauthorized users of the fields to come in through your gate, and do
not lock anyone in.
• If the green main gate or green walk through gate is open it should be left open as
well as the restrooms for evening use.
• Do not allow hitting or throwing of balls into the fence or backstop.
McLoughlin Softball Field Use Concerns:
• Be responsible for opening and closing own gates, double check gates for security,
lock padlocks to fence when gate is open to prevent loss.
• Open and close restrooms (unlock and lock) each day. This will be coordinated with
Pasco High or other user group when present.
• Use only Fields #2 & 3 unless other arrangements have been made.
• Keep the office current with your practice and game schedules; exact days and times.
Leave a message after hours, Recreation Services 545-3456.
• Do not allow unauthorized users of the fields to come in through your gate, and do
not lock anyone in.
• If the green main gate or green walk through gate is open it should be left open as
well as the restrooms for evening use.
• Do not allow hitting or throwing of balls into the fence or backstop.
Interlocal Agreement
City of Pasco and
Pasco School District
Attachment C
APPROVAL OF AN APPLICATION FOR USE OF PASCO SCHOOL DISTRICT
FACILI'T'IES IS SUBJECT TO THE FOLLOWING REGULATIONS:
I. Any group or individuals using the facilities accept responsibility for damage done to District property and shall reimburse
the District for such damage.
2. Approval will not be granted for any activity which may be in any way prejudicial to the best interests of the schools.
Satisfactory sponsorship and adequate supervision must be provided by the group or individuals using the facilities. This
shall include proper police and fire protection where necessary.
3. The user agrees to protect, indemnify, and hold harmless the District, its elected and appointed officials, employees, agents
and staff from any and all claims, liabilities,damages, expenses, or rights of action, directly or indirectly attributable to the
User's activities and/or use of premises in connection with this agreement.
4. The requirement to provide insurance and the amount of the insurance required shall be applied at the discretion of the
District administration and shall relate to the nature of the scheduled event or activity.
5. When no service charge is made, the user agrees to clean the facilities and restore the equipment/furniture to its original
arrangement. The District reserves the right to charge the user for cleaning or damagge costs associated with returning
facilities to their original state.
6. The building principal or his/her designee may require the presence of a custodian or other staff member to be on the
premises when a non-school group is using a district facility.
7. Standard approved gym shoes are required for all activity-type usage in the District's gyms. Proper attire shall be worn at
all times.
8. Use of the District facilities, equipment and services shall be restricted to those spaces and times specifically set forth in the
Application and Permit for Use of School District Facilities.
9. Smoking is not permitted on District premises. Groups or individuals using school facilities accept responsibility for
enforcement of this rule.
10. The transacting of business, merchandizing, advertising or the signing of contracts, other than those which occ& in the
normal business of the District or affect the students and employees of the District, are not allowed on District`�roperty
except by special contract arrangement.
11. Advertising material of any kind shall not be distributed in the school buildings or on school premises without prior approval
of the District.
12. Games of chance, lotteries, raffles, etc.,are not allowed on District property with the exception of certain fund raising events
of the District parent-teacher organizations or student organizations.
13. Boisterous conduct,profane language, possession or use of intoxicating liquor and or drugs shall not be permitted on District
premises.
14. Users agree to abide by the laws of the State of Washington and the County of Franklin and by the regulations of the Pasco
School District.
15. Fire and safety regulations of the District, Franklin County and the State of Washington shall be observed at all times.
16. The District reserves the right to cancel, upon short notice, any meeting or activity in any District facility,
17. The properly executed Application and Permit for Use of School District Facilities is the complete and exclusive statement
of the Agreement between the parties relevant to the purpose described therein and supersedes all prior Agreements or
proposals, oral or written and all other communications between parties related to the subject matter of the Agreement. No
modification of the Agreement will be binding on either party except as a written addendum signed by an authorized agent
of both parties.
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AGENDA REPORT
TO: City Council June 25, 2007
FROM: Gary Crutchfi it anager Workshop Mtg.: 7/9/07
Regular Mtg.: 7/16/07
SUBJECT: Regional Hotel otel Commission Appointments
I. REFERENCE(S):
1. Letter from Tri-Cities Hotel Lodging Association President dated 6/13/07
2. Section 5, Interlocal Agreement for Tri-City Regional Tourism Promotion Area
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
7/9: Discussion
7116: MOTION: I move to appoint Jim Gibson (Best Western) to the Tri-Cities
Regional Hotel/Motel Commission,term to expire 8/31/09.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) Pasco, along with the cities of Kennewick and Richland, entered into an interlocal
agreement in June 2004 to create a regional "Tourism Promotion Area" (TPA).
The TPA is an organization formed as authorized by recent state law to levy
special assessments for the use of lodging facilities within the respective area. In
the case of the Tri-Cities, all hotels/motels within the boundaries of the three
cities are required to collect from users of their facilities the fee of$1.50 for each
room night used. That fee is remitted by each of the hotels/motels to the state; the
state, in turn, distributes the funding back to the respective cities within which it
was collected (much like the long-standing 2% hotel/motel tax) and the cities
distribute it to the TPA for expenditure in accordance with the business plan and
budget established by the Regional Hotel/Motel Commission.
B) The Regional Hotel/Motel Commission is established under Section 5 of the
Interlocal Agreement. The Commission consists of six voting members; two
appointed by each of the three cities from nominees offered by the Tri-City Hotel
Lodging Association. Any vacancy is to be filled by the respective city from a list
of nominees offered by the Association.
C) Vijay Patel, owner of the Holiday Inn and Suites (near TRAC) has served two full
terms on the Commission and, according to Section 5 of the Interlocal Agreement,
cannot serve again prior to a one-year break. The Lodging Association, as
evidenced by the June 13 letter, recommends Jim Gibson (manager of the Best
Western Pasco Inn) to replace Mr. Patel on the Commission representing Pasco.
V. DISCUSSION:
A) Staff recommends the City Council appoint the individual as recommended by the
Lodging Association, without interview.
3(9)
MA N$
IINea k>I An+err�r
■ 8 zoo
P.O. Box 2039
Richland, WA 99352
June 13, 2007
Mr. Gary Crutchfield
City of Pasco
525 N. 3rd Ave
Pasco, WA 99301
Dear Mr. Crutchfield.-
This letter is in reference to the Pasco TPA Commissioner position, currently held
by Vijay Patel the owner of Holiday Inn & Suites, which will expire in August
2007. Vijay is not eligible to serve another term according to the TPA bylaws.
The Tri-Cities Hotel & Lodging Association has nominated Jim Gibson from Best
Western Pasco Inn as our First choice to serve as a TPA Commissioner
representing Pasco. David Deeney from Holiday Inn & Suites was nominated as
the alternate candidate for Pasco.
If you have any questions regarding this issue, please do not hesitate to contact
me at 509-942-9400.
Si
y bore
President
Tri-Cities Hotel & Lodging Association
Cc Kris Watkins—President CLO Tri-Cities Visitors&Convention Bureau
i. The general promotion of tourism within the Tri-Cities Regional Area as
® specified in the TPA business plan to be adopted annually;
ii. The marketing of convention, conferences and trade shows that benefit
local tourism and the Lodging Business in the Tri-Cities Regional Area;
iii. The marketing of the Tri-Cities Regional Area to the travel industry in
order to benefit local tourism and the Lodging Businesses in the Tri-Cities
Regional Area;
iv. The marketing of the Tri-Cities Regional Area to recruit sporting, athletic,
recreational, entertainment, performing arts and cultural events in order to
benefit tourism and the Lodging Businesses within the Tri-City Regional
Area for the purpose of increasing overnight visitor stays within the
region.
V. Provide marketing and event assistance for qualifying non-profit events
that represent a substantial likelihood of benefiting tourism and lodging
businesses in the Tri-City Regional Tourism Promotion Area that
represent a substantial likelihood of benefiting Tourism and Lodging
Business in the Tri-City Tourism Promotion Area and for the purpose of
increasing overnight visitor stays within the region.
5. Creation of Tri-City Regional Hotel-Motel Commission.
r
A. It is understood and agreed that it is hereby created, pursuant to RCW 35.101.130
(1), the Tri-City Regional Hotel and Motel Commission ("Commission") to advise the Cities on
the expenditure of Special Lodging Assessment revenues fo fund tourism promotion within the
Tri-City region.
B. The Commission shall consist of six (6) voting Members and three (3) ex officio
Members. Two voting members shall be selected by the Kennewick City Council from a list of
nominees prepared by the Tri-City Hotel and Lodging Association from Operators of Lodging
Businesses within the city limits of the City of Kennewick. Two (2) voting members shall be
selected by the Pasco City Council from a list of nominees prepared by the Tri-City Hotel and
Lodging Association from Operators of Lodging Businesses within the city limits of the City of
Pasco. Two voting members shall be selected by the Richland City Council from a list of
nominees prepared by the Tri-City Hotel and Lodging Association from Operators of Lodging
Businesses within the city limits of the City of Richland. In no event shall fifty percent (50%) or
more of the voting membership of the Commission be selected from the same Lodging
Ownership or Management Company within the Tri-City Regional Area. The City Manager or
his or her Designee from each of the three Cities shall serve as an ex officio member. All
Commission members, voting and ex officio may participate in all discussions regarding
5-27-2004
7
F
proposed activities and programs by the Tri-City Regional Tourism Promotion Area for
promotion and marketing of tourism. Ex officio members shall not have voting rights, except in
the event of a tie vote among the voting members at which time, each ex officio member may
cast a vote to break the tie. Any vacancy on the Tri-City Regional Hotel and Motel Commission
shall be filled by the appointing City, from a list of nominees prepared by the Tri-City Hotel and
Lodging Association for voting memberships within thirty (30) days from the date the vacancy
occurs.
C. It is understood and agreed that the initial voting members of the Commission
shall serve staggered terms, with one member serving a one-year term and the second member
serving a two-year term. The length of the term for each individual voting member of the initial
Commission shall be chosen by lot at the first meeting of the Commission. Thereafter, all voting
members subsequently appointed to the Commission shall serve a term of two years. No voting
member shall serve more than two consecutive terms as a Member of the Commission unless
such subsequent term is separated by at least twelve (12) months from the last date of service as
a Member of the Commission. A Member may be removed from the Commission by three-
fourths (3/4) affirmative vote of the Commission for actions deemed to be adverse to the interest
of the Commission. Such actions may include unexcused absences from three meetings of the
Commission within a twelve (12) month period; failure to perform assigned duties and
responsibilities; and conduct detrimental to the best interests of the Commission. Succeeding
and replacement voting members shall be selected by each City as provided above for the
selection of the initial voting members of the Commission.
6. Contract For Management of the Tri-City Regional Tourism Promotion Area.
The Cities shall contract with, and appointed the Tri-Cities Visitor & Convention Bureau
as the initial TPA Manager for the operation of the Tri-City Regional Tourism Promotion Area.
Such contract shall provide for the operation of the Area ;in compliance with the terms of this
Interlocal Agreement, Ordinances and Resolutions adopted by the Cities, and with all regulations
lawfully imposed by the State Auditor or other State Agencies.
7. Modification or Disestablishment of the Tri-City Regional Tourism Promotion
Area.
A. The respective City Councils of each City may, by the affirmative vote of a
majority plus one or the whole Council, modify the provisions of the Ordinance establishing its
Tourism Promotion Area and participation in the Tri-City Regional Tourism Promotion Area, or
provide for the disestablishment of its Tourism Promotion Area and/or its withdrawal from the
Tri-City Regional Tourism Promotion Area in the manner as provided by RCW 35.101.140 after
adapting a Resolution of Intention for such effect and providing for a public hearing as required
by law. Such Resolution of Intention shall describe the change or changes proposed, or indicate
that it is the intention to disestablish its Tourism Promotion Area or withdraw from the Tri-City
Regional Tourism Promotion Area, and shall state the time and the place for a public hearing to
be held before the City Council to consider the proposed action. Any City, after Public Hearing,
5-27-2004
AGENDA REPORT
TO: City Council July 5, 2007
FROM: Gary Crutchfi t Manager Workshop Mtg.: 7/9/07
Regular Mtg.: 7/16/07
SUBJECT: Legislative C sultant Agreement
I. REFERENCE(S):
1. Proposed Agreement
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
7/9: Discussion
7/16: MOTION: I move to approve the agreement with Gordon Thomas Honeywell
Governmental Affairs for legislative consultant services and,
further, authorize the City Manager to sign the agreement.
III. FISCAL IMPACT:
Total: $24,500 (estimated $10,000 in 2007; $14,500 in 2008)
IV. HISTORY AND FACTS BRIEF:
A) The city has employed the services of a legislative consultant for each of the past
four years. In doing so, the city has realized the following accomplishments that
would likely not have happened if not for the particular services of the consultant
work:
• $5.2 million legislative appropriation for construction of the Ainsworth
Overpass Project;
• Passage of H132418, authorizing dissolution of a joint housing authority;
• $400,000 legislative appropriation for construction of the Court Street
Pedestrian Overpass of SR395.
B) The consultant employed by the city the first three years terminated his consulting
business in late 2006, assigning his contract to the Tacoma firm of Gordon
Thomas Honeywell. (GTH) Governmental Affairs. GTH performed limited
consulting services for the city during the 2007 session but was instrumental in
the city's realization of the $400,000 appropriation for the Court Street pedestrian
overpass.
C) GTH has offered to continue services for Pasco, at their standard rate of$2,250
per month, with a contract term of at least ten months. The resulting cost of
$22,500 (plus $2,000 in reimbursables) represents an increase in annual cost from
$15,000 (prior consultant) to $25,000. The range in depth of services, however,
will also be increased. The new contract scope of work is much broader than the
prior contract; it specifically calls for development of the state legislative action
plan well ahead of the start of the session. More particularly, the consultant will
develop an action plan for funding of the Lewis Street overpass, a long-desired
project of the city which is simply too costly for the city to construct on its own.
V. DISCUSSION:
A) The value of an effective legislative consultant is clear when measured by the
success the city has realized over the past four years. Continuing such a
relationship is imperative if the city desires to continue to seek assistance via the
state legislature (whether by appropriation or statutory language).
3(h)
S) GTH accomplished no small feat in the 2007 session by gaining legislative
appropriation of the $400,000 for the overpass. While our legislators were
instrumental in this endeavor, they were aided by the effort of GTH coordinating
with many other legislators to assure the local objective was not lost in the details
of the budget process.
C) GTH has the advantage of a Washington D.C. office; thus, the opportunity to
pursue a coordinated effort (state and federal) to obtain the funding assistance
necessary if the city is ever to construct the Lewis Street overpass project. The
proposed scope of work will not only address the city's 2008 legislative agenda,
but will also produce a "federal/state" action plan specifically aimed at the Lewis
Street overpass objective.
D) In view of the potential 2008 legislative benefits and the certain work products,
staff recommends approval of the proposed contract.
i
CITY OF PASCO
CONSULTING AGREEMENT
This Agreement is entered into by and between the City of Pasco and any other party hereto, as
is identified in the consultant's signature block below (hereinafter referred to as "Consultant'),
upon the following terms and conditions:
A. Scope of Work.
Consultant will advise and assist the City of Pasco in accordance with Consultant's Scope
of Work, described in Attachment "A" hereto and incorporated herein, and Consultant will
do and produce such other things as are set forth in the Scope of Work (the "Services"),
Consultant's Services will be in compliance with applicable laws, regulations, rules, orders,
licenses and permits, now or hereinafter in effect, and Consultant shall furnish such
documents as may be required to effect or evidence such compliance.
B. Compensation; Expenses.
The City of Pasco will pay Consultant for satisfactorily rendered Services in accordance
with the specific terms set forth in Attachment "A".
C. Invoices; Payment.
Consultant will furnish the City of Pasco invoices at regular intervals, as set forth in
Attachment"A".
D. Term.
Consultant shall promptly begin the Services hereunder on the date set forth in Attachment
"A" and shall terminate same on the date set forth in Attachment "A", unless earlier
terminated by mutual agreement. The City of or consultant may terminate consultant
services for convenience at any time prior to the termination date set forth in Attachment
A, provided that either party provides 30-days notice.
E. Ownership of Work Product.
The product of all work performed under this agreement, including reports, and other
related materials shall be the property of the City of Pasco or its nominees, and the City of
Pasco or its nominees shall have the sole right to use, sell, license, publish or otherwise
disseminate or transfer rights in such work product.
G. Independent Contractor.
Consultant is an independent contractor and nothing contained herein shall be deemed to
make Consultant an employee of the City of Pasco, or to empower consultant to bind or
obligate the City of Pasco in any way. Consultant is solely responsible for paying all of
Consultant's own tax obligations, as well as those due for any employee/subcontractor
permitted to work for Consultant hereunder.
H. Release of Claims; Indemnity.
Consultant hereby releases, and shall defend, indemnify and hold harmless the City of
Pasco from and against all claims, liabilities, damages and costs arising directly or
indirectly out of, or related to, Consultant's fault, negligence, strict liability or produce
liability of Consultant, and/or that of any permitted employee or subcontract or Consultant,
pertaining to the Services hereunder.
I. Assignment.
Consultant's rights and obligations hereunder shall not be assigned or transferred without
the City of Pasco's prior written consent; subject thereto, this Agreement shall be binding
upon and inure to the benefit of the parties' heirs, and successors.
J. Governing Law; Severability.
This Agreement shall be governed by the laws of the State of Washington, U.S.A.
(excluding conflict of laws provisions). If any term or provision of this Agreement is
determined to be legally invalid or unenforceable by a court with lawful jurisdiction
hereover (excluding arbitrators), such term or provision shall not affect the validity or
enforceability of any remaining terms or provisions of this Agreement, and the court shall,
so far as possible, construe the invalid portion to implement the original intent thereof.
K. Arbitration.
Any dispute between the parties related to or arising out of the subject matter of this
Agreement shall be resolved exclusively through binding arbitration under the Commercial
Arbitration Rules of the American Arbitration Association in Washington State.
L. Entire Agreement; Etc.
This Agreement, and its incorporated attachments hereto, state the entire agreement
between the parties regarding the subject matter hereof and supersede any prior agreements
or understandings pertaining thereto. Any modification to this Agreement must be made in
writing and signed by authorized representatives of both parties. Any provision hereof
which may be reasonably deemed to survive the expiration or termination of this
Agreement shall so survive, and remain in continuing effect. No delay or failure in
exercising any right hereunder shall be deemed to constitute a waiver of any right granted
hereunder or at law by either party.
CONSULTANT: CITY OF PASCO
Gordon Thomas Honeywell
Governmental Affairs
Tim Schellberg
Sign: Sign:
Date: Print Name:
Title: Title:
Date:
Gordon Thomas Honeywell Consulting Agreement
ATTACHMENT "A" TO
CITY OF PASCO CONSULTING AGREEMENT
A. Scope of Work:
Consultant shall provide the City of Pasco with the following governmental affair services:
General Washington State Legislative Services
1. Identify and track all relevant legislation
2. During the legislative session, provide the City of Pasco with weekly reports and
tracking lists.
3. Attend all relevant legislative hearings.
4. Attend all relevant legislative meetings.
5. Coordinate City of Pasco officials to testify at relevant legislative hearings.
6. Lobby to amend, defeat or pass legislation or budgets that affect the City of Pasco's
interests.
7. Strengthen relevant legislative relationships between the City of Pasco, state legislators,
and executive offices.
Specific Legislative Services:
1. Prior to the 2008 state legislative session, develop a funding strategy and legislative
action plan acceptable to the city and designed to obtain federal and state grant and
legislative appropriations sufficient to permit city to construct the Lewis Street
Overpass project.
• Lobby the State Legislature and executive agencies to support and fund the project.
• Determine if State grants, rather than specific legislative appropriations can be
pursued to the fund the project, and if so, work in consultation with the City of
Pasco to pursue the grants.
• Determine if a federal partnership could be developed to pursue the transportation
project, and what federal funding sources are available. If federal funds are
available, Consultant will prepare a second proposal to represent the City of Pasco
in Congress to secure federal funds.
2. Assist the city to develop a legislative agenda for the Washington State 2008 session
and work with the legislature to advance the city's approved agenda.
Gordon Thomas Honeywell Consulting Agreement
B. Compensation/Expenses:
The City of Pasco shall pay Consultant a monthly fee of $2,250 for the services listed
above. Consultant shall only bill communication expenses, such as travel to Pasco. The
expanses shall not exceed $2,000 for the term of the contract.
C. Invoices/Payments:
1. Consultant shall furnish the City Pasco of with invoices for services performed on a
monthly basis, and
2. The City of Pasco shall pay each of Consultant's invoices within thirty (30) days after
the City of receipt and verification.
D. Term of Agreement:
Consultant's services shall commence on September 1, 2007 and shall terminate on June
30, 2008.
Gordon Thomas Honeywell Consulting Agreement