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HomeMy WebLinkAbout2007.10.08 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. October 8,2007 1. CALL TO ORDER 2. VERBAL REPORTS FROM COUNCILMEMBERS: 3. ITEMS FOR DISCUSSION: (a) Water System Presentation. (NO WRITTEN MATERIAL ON AGENDA) Presented by Reuel Klempel, WWTP Division Manager. (b) Professional Services Agreement for Indigent Defense Services: 1. Agenda Report from Debbie Clark, City Clerk dated October 4, 2007. 2. Proposed Agreement. (c) Amendment No.4 to Professional Services Agreement with CH2MHill: 1. Agenda Report from Robert J. Alberts,Public Works Director dated October 3, 2007. 2. Amendment No.4 to Professional Services Agreement. (d) Tree Ordinance update and Management Plan: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated October 3,2007, 2. Proposed Professional Services Agreement. (e) Special Meeting for Budget Workshop: 1. Agenda Report from Gary Crutchfield, City Manager dated October 4,2007, 4. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 5. EXECUTIVE SESSION: (a) (b) (c) 6. ADJOURNMENT. Reminders: 1. 12:00 p,m., Monday, October $, Pasco Red Lion - Pasco Chamber of Commerce General Membership Meeting. ("Celebrating Achievements, Moving Toward the Future" presented by Saundra Hill, Superintendent,Pasco School District) 2. 6:30 p.m., Monday, October 8, Conference Room #1 — Old Fire Pension Board Meeting. (COUNCILMEMBER JOE JACKSON,Rep.; MATT WATKINS,Alt.) 3. 10:00 a.m., Tuesday, October 9, Senior Center — Senior Citizens Advisory Committee Board Meeting. (COUNCILMEMBER TOM LARSEN,Rep.; BOB HOFFMANN,Alt.) 4. 10:00 a.m., Wednesday, October 10, 9612 St. Thomas Drive — Tri-Cities Prep Groundbreaking Ceremony. (MAYOR JOYCE OLSON) 5. 7:00 a.m., Thursday, October 11, Cousin's Restaurant—BFCG Tri-Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.; JOE JACKSON, Alt.) 6. 4:00 p.m., Thursday, October 11, 3416 Stearman Avenue — Solid Waste Advisory Committee Meeting. (COUNCILMEMBERS MIKE GARRISON and TOM LARSEN, Reps.; MAYOR JOYCE OLSON and COUNCILMEMBER MATT WATKINS, Alts.) 7. 7:00 p.m., Thursday, October 11, Transit Facility -- Ben-Franklin Transit Board Meeting. (COUNCILMEMBER MATT WATKINS,Rep.; MIKE GARRISON,Alt.) AGENDA REPORT FOR: City Council October 4, 2007 TO: Gary Crutchfi anager W/Shop Mtg.: 10/08/07 Stan Strebel, A ist ive & Community ervices Director Regular Mtg.: 10/15/07 FROM: Debbie Clark, City Clerk SUBJECT: Professional Services Agreement for Indigent Defense Services I. REFERENCE(S): Proposed Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/08: Discussion 10/15: Motion: I move to approve the Professional Service Agreement for Indigent Defense with Carlos Villarreal and further, to authorize the Mayor to sign the agreement. 111. FISCAL IMPACT: $ 30,000 annually (min.) General Fund Budget IV. HISTORY AND FACTS BRIEF: A) The City has a panel of two attorneys for providing defense services to indigent defendants in Municipal Court. The agreement for one of the attorneys, Ryan Swinburnson, expires on December 31 of this year. Mr. Swinburnson has advised staff that he has chosen to terminate his agreement with the City of Pasco effective October 31, 2007 due to acceptance of a contract with Benton County. B) Staff has solicited applications and interviewed three applicants, for the period of November 1, 2007 through December 31, 2009. It is recommended that Carlos Villarreal be retained for providing public defense services for the timeframe of November 1, 2007 through December 31, 2009. Mr. Villarreal has experience in many of the courts in the area and has served as a conflict attorney in the Pasco Municipal Court. C) The proposed contract is the same in all material aspects as the existing contract with the City's other public defender. D) Staff recommends approval of the agreement. 3(b) PROFESSIONAL SERVICE AGREEMENT For Legal Representation of Indigent Defendants Before the Pasco Municipal Court THIS PROFESSIONAL SERVICE AGREEMENT is entered into, effective November 1, 2007, by and between the City of Pasco, a Municipal Corporation, hereafter referred to as "City", and Carlos Villarreal, attorney authorized to practice law in the State of Washington, hereinafter referred to as "Attorney." THIS AGREEMENT is a Professional Service Agreement for the rendering of legal representation of indigent persons charged with misdemeanors or gross ` misdemeanors in the Pasco Municipal Court. IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, it is agreed as follows: SECTION I PROFESSIONAL SERVICES A. The Attorney shall represent in a professional manner, all individuals charged with misdemeanors or gross misdemeanors in the Pasco Municipal Court, for whose representation he/she is appointed, Such representation shall include preparation of appropriate pleadings and appearances in all phases of court proceedings following appointment, including pretrial hearings, motions, trial, sentencing, probation violations, and any other additional trials or hearings required by a remand or other order of a higher court. The Attorney shall communicate with individuals confined to jail in person or by telephone, prior to the individual's pretrial conference. The Attorney shall have no responsibility to represent individuals initially charged in the Pasco Municipal Court with felonies regardless of whether the felony charge is later reduced to a misdemeanor or gross misdemeanor. B. In the event a case to which the Attorney is appointed is appealed to Superior Court, the Attorney shall initiate the appeal by preparing and filing the Notice of Appeal in Superior Court which shall include a statement of the en-ors claimed to have been made and location of such errors in the record. The Attorney shall be responsible for prosecuting the appeal in Superior Court. If and when the case is remanded to Pasco Municipal Court,Attorney shall continue to provide defense services. C. The Attorney agrees not to accept appointments for indigent defense services in Franklin County Superior Court during the tern of this Agreement. Professional Service Agreement- 1 D. The Attorney is expected to have knowledge of the court's schedule, including hours of operation and days of the week when hearings and trials are ordinarily set and heard. In its discretion, the court may alter the court's schedule to meet changing demands. The Attorney agrees to not accept other employment of any character that will unreasonably cause delay in the hearing of the cases assigned to Attorney or to cause the court scheduling difficulties as to Attorney's assigned cases. E. The professional services provided under this Agreement shall be in compliance with the City of Pasco's Indigent Defense Legal Representative Plan, Goals and Standards, a copy of which is incorporated as a part of this Agreement as ExWbit A. SECTION 11 COMPENSATION A. The City will compensate Attorney, as attorney fees and not as a salary, for the professional services provided as follows: (1) For the timeframe of November 1 st, through December 31st, 2007: $ 130.00 for each case assigned by the court to the Attorney; $ 300.00 for each case resulting in a jury trial actually tried to verdict; $ 50.00 for each deferred or probation matter assigned by the court; and $410.00 for each case appealed to Superior Court. (2) For the 2008 calendar year: $ 130.00 for each case assigned by the court to the Attorney; $ 300.00 for each case resulting in a jury trial actually tried to verdict; $ 50.00 for each deferred or probation matter assigned by the court, however, initiated by a prior public defender; and $ 410.00 for each case appealed to Superior Court. (3) For the 2009 calendar year: $ 140.00 for each case assigned by the court to the Attorney; $ 300.00 for each case resulting in a jury trial actually tried to verdict; $ 50.00 for each deferred or probation matter assigned by the court, however, initiated by a prior public defender; and $ 410.00 for each case appealed to Superior Court. Payments shall be made monthly with the first monthly payment to be made not later than the 28"' day of December 2007, constituting compensation for the immediately preceding month; subsequent payments being made not later than the 30"' day of each succeeding month and the final payments being made not later than the 30'h day of January 2010. Professional Service Agreement-2 B. The City agrees to compensate Attorney a muiunum monthly amount of Two Thousand Five Hundred Dollars ($2,500.00) in the event the amounts received based on assignments per Section A above are below said minimum. C. It is expressly agreed that the monthly compensation fixed in Sections A and B above shall constitute full compensation for services required under this Agreement. D. Definitions: (1) "Case assigned". For the purposes of this Agreement shall mean all proceedings relating to one or more underlying charges, occurring on or not more than two separate dates, against a defendant at the time court appointed counsel is approved by the court and on amendments to those charges including contempt of court for failure to pay fine, appear for trial or hearings, or the failure to abide the terns of probation. (2) "Deferred or Probation Case Assigned". For the purposes of this Agreement shall mean all proceedings relating to one or more probation or deferred cases, occurring on or not more than two separate dates, against a defendant at the time court appointed counsel is approved by the court and on amendments to those charges including contempt of court for failure to pay fine, appear for trail or hearings, or the failure to abide the terns of probation. SECTION III EXPENSES The Attorney shall bear all expenses incurred in the representation of each individual to whore appointed except: A. Expenses incurred in obtaining expert testimony, scientific tests or other analysis when authorized by court order. B. Expenses of a private investigator used to aid in the preparation of the defense of a matter when authorized by court order. C. Expenses for the services of an interpreter detennined appropriate by the court. SECTION IV TERM Professional Service Agreement-3 The teens of this Agreement shall be for the period coiumencing November 1, 2007, and concluding on December 31, 2009. Notwithstanding the foregoing, the Attorney's obligation to represent an individual in a matter to which the Attorney has been appointed shall continue through the disposition of the matter as set forth below. If this Agreement is not then in default, the Attorney shall have die option to renew this Agreement for one (l) additional term of one (1) year. The terns and conditions of the renewal term shall be identical to the terms and conditions of the last year of the original tern (with appropriate modifications of installment payment dates) except that upon termination of the final tern, the Attorney shall no longer have any option to renew this Agreement. The renewal option must be exercised by written notice to the City, given not less than 120 days prior to the last date of the expiring teen. The ` giving of such notice shall rnake the agreement binding for the renewal term without further act of the parties. It is understood by the parties hereto that the Attorney's obligation to provide representation pursuant to this Agreement includes the obligation to complete all cases or matters covered by this Agreement. The Attorney shall continue to provide representation for a period of six months, for those persons whom the Attorney was appointed to represent and whose case was not concluded during the duration of this Agreement. It is further understood by the parties that the Attorney's obligation to complete all cases or matters covered by this Agreement shall not result in any additional compensation over the amount specified herein. SECTION V NON-ASSIGNMENT No other person shall perform any of the services required of the Attorney by this Agreement nor shall the Attorney assign or subcontract their responsibility for the performance of any of the services required by this Agreement, provided, however, Attoney may, by mutual agreement with another attorney holding a current Professional Service Agreement for legal representation of indigent individuals with dhe City of Pasco, make substitute appearances for one another on as-needed basis; or with the approval of the City, a designated qualified member of the Attorney's Law Finn may perform the Attorney's contract and responsibilities on a temporary basis, or assign or subcontract such services with another qualified attorney. SECTION VI TERMINATION This Agreement may be terininated by either party without cause upon forty-five Professional Service Agreement-4 (45) days advance written notice to the other. This Agreement may be terminated for cause consisting of failing to comply with any of the provisions of this Agreement upon ten (10) days advance written notice. In the event of Attorney's disbannent or suspension from the practice of law, this Agreement shall terminate as of the effective date of such disbannnent or suspension. In the event of a tennination without cause, the Attorney shall continue to accept and represent to conclusion court assigned cases during the forty (45) day period and will be compensated for such court assigned cases pursuant to Section II above. SECTION VII INSURANCE AND INDEMNIFICATION ` During the term of this Agreement, the Attorney shall maintain errors and omissions insurance coverage and shall include anyone else acting for or on behalf of the Attorney in the performance of this Agreement as an additional named insured on any such policy. Such insurance shall be obtained from any insurance company authorized to do business as such in the State of Waslungton, and shall have policy limits of Two Hundred Thousand Dollars ($200,000.00) or more. At the time of commencement of the performance of services hereunder, the Attorney shall submit evidence that such insurance is in force and that such insurance will not be canceled without first giving thirty (30) days written notice to the City. DATED this day of October, 2007. CITY OF PASCO Mayon ATTEST: APPROVED AS TO FORM; Debra L. Clark Leland B. Kerr Cit)� Clerk City Attorney ATTORNEY Carlos, Villarreal,Attorney at Law Professional Service Agreement-5 AGENDA REPORT NO. 24 FOR: City Council October 3, 2007 TO: Gary Crutchfi er FROM: Robert J. Alberts,e9e;Z ks Director Workshop Mtg.: 10/8/07 Regular Mtg.: 10/15/07 SUBJECT: Amendment No. 4 to Professional Services Agreement with CH2MHi11 I. REFERENCE(S): 1. Amendment No. 4 to Professional Services Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/8/07: Discussion 10/15/07: MOTION: I move to approve Amendment No. 4 to the February 22, 2005 Professional Services Agreement with CH2MHil1 authorizing additional professional engineering services not to exceed $57,000, for the Water Filtration Plant Improvements (07-2-05) and Raw Water Pump Station and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Water Utility IV. HISTORY AND FACTS BRIEF: A) The Capital Improvement Plan shows improvements at the Water Filtration Plant including valve replacement and modification to the settling basins. The replacement of the roof on the Raw Water Pump Station is scheduled for 2008. V. DISCUSSION: A) The services include the design and preparation of technical support documentation on bid documents for the sedimentation weirs, isolation slide gate and the installation of 49 pipe gallery valves being furnished by the City. The services also include the pre-design work in identifying two options for replacing the Raw Water Pump Station roof. A new roof is needed to improve the access needed to replace pumps and screens. All of these improvements will improve the overall operation of the water filtration plant. The total fee for this work is based on a lump sum of$57,000. Staff recommends approval of Amendment No. 4 to CH2Ml-Ii1l Professional Services Agreement. 3(c) AMENDMENT NUMBER 4 to PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City and The CH2M Hill entered into a Professional Services Agreement on February 22, 2005,with respect to on-going professional engineering services. NOW, THEREFORE, this agreement is amended to allow The CH2M Hill to provide additional utility design and engineering services as described on Exhibit A. 1. Scope of Work: Tasks 1 —4 which include: • Design and preparation of technical support documentation for bid documents for the sedimentation weirs, isolations slide gate and installation of 49 pipe gallery valves. • Pre-design work in indentifying two options for replacing the Raw Water Pump Station roof. 2. Fee: The added services by the consultant shall be for the lump sum total of$57,000. 3. Time of performance: The services shall be complete for the project on or before February 1, 2008. DATED THIS DAY OF 92007. CITY OF PASCO: CONSULTANT—CH2M Hill: Joyce Olson, Mayor Anthony Krutsch, Principle Project Manager ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney CH2M Hill 1 Amendment No,4 Professional Services Agreement—On-going Services EXHIBIT A Water Filtration Plant Modifications and Raw Water Intake Pumping Station Roof Replacement GENERAL: The City of Pasco is intending to replace certain valving within the water filtration plant that has reached its useful life and/or where replacement parts for the existing valves are no longer being offered by the valve manufacturer. The City staff has prepared a listing of all valves to be replaced, and is currently placing an order for the replacement valves and operators with a selected manufacturer. The City of Pasco has requested that CH2M HILL prepare a contract for installation of the pre-purchased valves by a third party Contractor with work to be completed during the winter period in 2007-2008. In addition,the City has requested that CH2M HILL include minor improvements to the plant that include the installation of stainless steel weirs at the baffle wall inlets to the filter inlet channel from the sedimentation bashes, and provide one isolation slide plate between the two sedimentation basins in the filter inlet channel. Task 1 through 3 of this Scope of Services is intended to provide services for the Water Filtration Plant Valve Replacement,Sedimentation Basin Weirs,and the Isolation Slide Plate between the two Sedimentation Basins. In addition, the City of Pasco's Raw Water Intake Pumping Station at the Columbia River contains four raw water pumps, and two intake screens. Currently, the Pumping Station has a cast-in-place concrete roof with center pier. Equipment removal from the Pumping Station requires that each piece of equipment be dismantled and removed in pieces for maintenance and repair. Task 4 of this Scope of Services is intended to evaluate the alternates available for the replacement of the cast-in-place concrete roof. Scope of Services Task 1. Valve Replacement CH2M HILL will conduct an inspection of the valves to be replaced with the City staff. Each Valve will be photographed to identify its location. The electronic photograph will be used for identification of the extent of work to be performed by the third party Contractor. The extent of work will be listed on the face of the photo to include removal and replacement of the existing valve, re-connection to the existing operating air supply, re- connection to the existing electrical, and reconnection to the existing control system (if required). No new air piping, electrical, or control is anticipated in this Scope of Service. Task 2. Sedimentation Weirs CH2M HILL will prepare one plan drawing and one detail drawing for the installation of stainless steel weirs at the baffle wall inlets to the filter inlet channel from the sedimentation basins. The drawings may be supplemented with electronic photographs. All work to be performed by the third party Contractor will be identified on the drawings and/or on the supplemental electronic photographs. Task 3. Isolation Slide Plate CH2M HILL will prepare one additional detail drawing (utilize the plan drawing in Task 2 for location) for the installation of one isolation slide plate between the two sedimentation basins in the filter inlet channel. The drawing may be supplemented with electronic photographs. All work to be performed by the third party Contractor will be identified on the drawings and/or on the supplemental electronic photographs. Task 4. Roof Alternates CH2M HILL staff will visit the Raw Water Intake Pumping Station to assess the condition of the existing roof,and to identify up to two (2) possible alternates for improved access to equipment within the Pumping Station. Based on the site visit,CH2M HILL staff will prepare a technical memorandum identifying the two (2) possible alternates for replacement of the cast-in-place roof along with an opinion of probable costs for each alternate. Alternates to be considered include a steel (possibly aluminum) roof structure (hipped or gabled),that could be removed from the entire structure during a maintenance and/or repair event by a land based crane. The second alternate would be a steel(possibly aluminum) roof structure (hipped or gabled) with sky light openings above pumping equipment and screens for equipment removal. Sketches of the alternates (plan and elevations) will be included in the technical memorandum. One meeting will be held with the City after delivery of the technical memorandum to go over the memorandum contents,and respond to any questions of the City staff. It is anticipated that agreement will be reached at the meeting on the preferred alternate,and that the City may modify this Scope of Services to proceed with the design of the preferred alternate. Basis of Compensation The compensation for Task 1 through Task 4 of this Scope of Services is based on LUMP SUM of$57,000.00. All Work will be conducted under the terms and conditions of the Professional Services Agreement between the City of Pasco and CH2M HILL signed February 22, 2005. Assumptions: 1. Accurate drawings for the existing facilities will be provided to CH2M HILL by the City. 2. Access to the facilities will be made available to CH2M HILL staff for investigation and data collection. 3. Any agency or other regulatory submittals will be provided by the City. 4. Construction work will be bid using a single Contract Document package. a) Document format will be CH2M HILL standard format including bidding requirements, technical specifications, and drawings. b) Drawings will be prepared using MicroStation CAD software. Final Drawing files will be provided to the City in AutoCAD format c) City will prepare the Bidding Documents utilizing the master Bidding Document prepared by CH2M HILL. Specifications will be prepared at 81/2 X 11 size. Drawings will be prepared at 11 X 17 size. Color Photos will be utilized in the Bidding Documents. d) Review Documents will be provided to the City at 50% and 90%design completion. City review comments will be obtained and incorporated. 5. Bidding and contract award will be provided by the City. 6, Any CH2M HILL services during bidding, contract award, and construction will be negotiated under a separate Scope of Service. AGENDA REPORT FOR: City Council Date: 10/03/07 TO: Gary Crutehfi anager W/Shop Mtg.: 10/08/07 Reg. Mtg.: 10/15/007 FROM: Stan Strebel, Act, Qis tive&Community A Director SUBJECT: Tree Ordinance Update and Management Plan I. REFERENCE(S): A) Proposed Professional Services Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/08 DISCUSSION 10/15 MOTION: I move to approve the Professional Services Agreement with Community Forestry Consultants, Inc and to authorize the City Manager to sign the agreement. III. FISCAL IMPACT: $8,500 Grant IV. HISTORY AND FACTS BRIEF: A) The City has been awarded a grant from the State Department of Natural Resources for the purpose of reviewing(and revising, if necessary) our tree ordinance and for the development of a tree management plan for the City. Both of these items will assist staff and citizens in maintaining healthy trees within our community. In addition, completion of these items will qualify the City for recognition as a"Tree City"by the department. B) Staff has identified a consultant who is experienced and qualified to do the work required by the grant. The consultant will review our existing ordinance regarding trees in the public rights-of way with input from the Park and Recreation Advisory Council. Any recommended updates to the ordinance, which was originally developed some 35 years ago, will be identified. In addition, the consultant will work with city staff to update our existing tree inventory and develop a management plan appropriate for Pasco. Work of the consultant will be completed in March, allowing the city time to complete all grant responsibilities before June 1, 2008. C) Staff recommends approval of the agreement. 3(d) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and Community Forestry Consultants, Inc, hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to perform a review of the City's tree ordinance and make appropriate recommendations for revision and to recommend a tree management plan for the City. 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 `Proposal for Services' that is dated September 5, 2007, and marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant shall not be considered public records, provided, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. hi the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or tenrrination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. If the Agreement is terminated through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of work done. 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 fiull compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. Conununity Forestry Consultants, Inc.,Tree Ordinance and Management Plan 1 A. Payment for work accomplished under the terms of this Agreement shall be as set forth on the fee schedule found in Exhibit A (6 pages, attached), provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $8,500.00 plus travel expenses 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. 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 March 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. A.11 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. Connnunity Forestry Consultants, Inc.,Tree Ordinance and Management Plan 2 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. 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 (l0) days in advance of the effective date of said tennination. 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. rntei!ration. 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. `:C'he services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. Corru-nanity Forestry Consultants,Inc.,Tree Ordinance and Management Plan 3 1 S. 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 lie 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. 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: Jim Flott Community Forestry Consultants, Inc 2020 E 36`r'Ave. Spokane, WA 99203 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the L.J. S. mails, with proper postage and properly addressed. DATED THIS DAY OF , 200' CITY OF PASCO CONSULTANT: Community Forestry Consultants, Inc. �. By: __ Gary Crutchfield City Manager Title: �_, .,_,_..�___.___ Community Forestry Consultants, Inc.,Tree Ordinance and Management Plan 4 CONSULTING ARBORISTS 2020 E. 367N AVENUE SPOKANE, WA 99203 509-954-6454 509-534-2019 (FAX) efconsults@comcast.net PROPOSAL FOR SERVICES September 5, 2007 Dan Dotta Facilities Manager Pasco Facilities Department 525 N. Third PO Box 293 Pasco, WA 99301 RE: Ordinance Review and Revision and Management Plan Generation Dear Mr. Dotta: Thank you for considering Community Forestry Consultants (CFC) to conduct an ordinance revision and develop a management plan for the community forest of Pasco. Community Forestry Consultants offers independent and objective arboricultural consulting services for trees, shrubs and other woody plants and their growing environments as well as program development and facilitation of public process, particularly in regards to urban forestry issues. CFC provides arboricultural, community forestry and horticultural consulting services for residential properties, attorneys, insurance corporations, universities, golf courses, utilities, counties, municipalities and other government agencies. Tree management services provided include TreeWorksTM tree management software; management plans; tree inventories; ordinance development; tree appraisals; risk assessment and risk management plans; tree preservation plans; program development and assessments; contract and specification development and contract monitoring for removal, pruning and planting programs; diagnosis and pest management; training programs; expert witness, and forensic investigation. I am an International Society of Arboriculture (ISA) certified arborist; an ISA certified municipal specialist; and an American Society of Consulting Arborists (ASCA) registered consulting arborist. I have more than twenty years of work experience managing and supervising commercial and municipal arboriculture, urban forestry and horticulture projects. s 777 -st, ts The company is licensed and insured. CFC carries one million dollars coverage for each in general liability, auto liability and errors and omission insurance and statutory workers compensation. I am pleased to submit the enclosed proposal for revising the tree ordinance and developing an urban forestry management plan for the City of Pasco. I am available to review this proposal with you. Please contact me if I can provide further information or if you have any questions. I look forward to discussing this document with you. Thank you for consideration of this submittal. Please contact me if you have any questions. Sincerely, Jim Flott ISA Certified Arborist, Municipal Specialist PN0920AM ASCA Registered Consulting Arborist #441 2 �4 a r •i PROJECT PROPOSAL ORDINANCE REVISION Ordinances are considered by urban foresters to be most important component of a successful urban forestry program. Ordinances are regulations enacted by municipal government. Tree ordinances define the legal interaction between the public, the city and its trees. They define, among other things, what a private individual can and cannot do to a public-owned tree. They should be revised as the urban forestry program and community values change. If well designed they will address standards by which the urban forestry program operates and should be sustainable beyond the tenure of current city staff, administration and elected officials. MANAGEMENT PLAN AND COMMUNITY PARTICIPATION Urban forestry management plans include input from local citizens, organizations, businesses, municipal staff and elected officials. They are integrated with other comprehensive community plans and create a blueprint for administration and management of the community tree program. Removing, pruning, planting, preservation, education, coordination and communication among citizens, tree committee, city staff and elected officials are critical components in the development of the urban forest management plan. The management plan appropriate to Pasco, and most likely to be approved in Pasco, is written with a thorough understanding of the natural resource, community, political-economic climate and legal framework of the city. It involves input from city council, tree committee members and the community to develop goals for the program. Available interest, expertise, time and financial resources of the city will be considered when determining how to develop the plan. Good tree management involves setting goals and objectives and developing specific management strategies to meet them. Fundamental to a tree management program is the inventory. Tree inventories are the foundation of an effective tree management program. The tree inventory will provide data to support management objectives and recommendations contained in the urban forest management plan. CFC proposes to revise the ordinance and develop and write the management plan based on inventory data, community resources and values. 3 1 'l ' r STATEMENT OF QUALIFICATIONS WORK EXPERIENCE WITH CITY OFFICIALS, PUBLIC GROUPS AND COMMITTEES I have worked with various public and private agencies and provide advanced technical support in municipal urban forestry issues. My specialization is in managing community forestry programs. In previous career positions and consulting contracts, I have worked with citizens, property owners, city administrators, city planners, city engineers, elected officials and others who may impact trees in cities. My efforts are focused on people management as well as tree management. I have provided urban forestry consulting services, management plans, tree management software, tree inventories, removal programs, pruning programs, planting programs, and training workshops for the following communities and agencies in the last five years. Washington DNR Community Forestry program City of Spokane, WA Washington State University Cooperative Extension City of Starbuck, WA Oregon Department of Forestry City of Colville, WA Bonners Ferry County Extension, ID City of Odessa, WA Spokane Community College, WA City of Chelan, WA City of Walla Walla, WA City of Fairfield, WA City of Washtucna, WA City of Twisp, WA Colville Federated Tribes Park and Recreation, WA City of Pateros, WA City of Davenport, WA City of Marcus, WA Washington Recreation and Park Association Fairchild Air Force Base City of Richland, WA City of LaCrosse, WA City of Waverly, WA City of Eugene, OR City of Redmond, OR City of Lake Oswego, OR City of Colfax, WA City of Ketchum, ID University of Washington City of Evans, CO City of Post Falls, ID City of Sandpoint, ID Spokane Public Schools, WA Kamloops, BC, Canada Greenwich, CT Buffalo, WY PNW-ISA Chapter Utah ISA National Arbor Day Foundation American Forests Mid-Atlantic ISA Chapter City of Latah Creek, WA City of Sisters, OR Stevens County, WA Virginia Department of Forestry New England ISA Alaska Department of Forestry Mid-Atlantic ISA Washington State Parks Oregon State University Corvallis, OR 4 4 PROJECT STAFF QUALIFICATIONS The tasks and responsibilities of this project will be handled by Jim Flott. I will personally conduct all activities required for this project. I have a BS in Horticulture from Iowa State University and MS in Forest Pathology from the University of Arizona. My education focused on urban forestry management, nursery production and forest pathology. I am an International Society of Arboriculture (ISA) certified arborist, ISA certified municipal specialist and an American Society of Consulting Arborists (ASCA) registered consulting arborist. My diverse background includes work experience in private and public arboriculture, horticulture, nursery production and all components of municipal arboriculture. I have over twenty-five years experience in the arboriculture, horticulture and urban forestry professions. I have organized, designed and implemented urban forestry management programs for agencies across the United States and Canada. These programs included inventories, resource assessment, management plans, ordinance development, program reviews, public education and removal, pruning and planting projects. I speak regularly at national, regional and local conferences on various urban forestry topics. Recent lectures, articles and workshops have focused on proper 'tree planting. I teach Arboriculture classes at the Spokane Community College and serve on the boards of the Washington Community Forestry Council and the Pacific Northwest-International Society of Arboriculture. I am located in Spokane. I am available for staff presentations, public meetings and training programs during weekdays, evenings and weekends with reasonable notice. I am readily available by phone, fax and e-mail. PROJECT SCOPE Compile all relevant information about the urban forestry (UF) program as it currently exists. Synthesize this information for incorporation into the management plan and for use in the revision of the ordinance. Interview OF staff, OF committee members to determine priorities and goals of the OF program, as well as gain insight into the cultural, historical, political and budgetary context of urban forestry in Pasco. • Identify, with input and direction from OF staff, key stakeholders in urban forestry (besides OF staff and OF committee), including other City of Pasco departments and any non-profit organization or private industry group. Compile information gathered and incorporate into the management plan and ordinance revision. 5 411 tai' r e 4•, y;k� • Research other Pacific Northwest cities' urban forestry ordinances and management plans. Identify elements of these ordinances, programs or plans the may improve urban forest management in Pasco. • Synthesize all information gathered in above tasks for incorporation into the management plan and ordinance revision. Develop a vision for the future management including recommendations and implementation strategies for improvements to urban forest management in Pasco. • Submit final draft of management plan and ordinance to OF staff for review. • Develop a presentation for city manager and city council summarizing the ordinance revision and management plan process and the final ordinance and management plan. • Present final ordinance and management plan. The following proposal outlines the fees associated with conducting the program. Ordinance Revision Process and Generation $3,500.00 Management Plan Process and Generation $5,000.00 Travel expenses (lodging, mileage ($0.50 per mile) billed as accrued) Sales tax is not included in fee estimates. Pricing Goocl Arough 30 October 2007 6 AGENDA REPORT TO: City Council October 4, 2007 FROM: Gary Crutch l- 1 Manager Workshop Mtg.: 10/8/07 Regular Mtg.: 1.0/1.5/07 SUBJECT: Special Meeting for.Budget Workshop 1. REFERENCE(S): I1. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/8: Discussion 10/15: MOTION: I move to fix 7:00 p.m., Monday, October 29, 2007 in the City Hall Council Chambers as the time and place for a special meeting for presentation of the 2008 Preliminary Operating and Capital Budgets. III. FISCAL IMPACT: None I.V. IIISTORY AND FACTS BRIEF: A) Staff typically completes the preliminary budget for the ensuing calendar year by the end of October and presents it to Council at a workshop in early November (usually the second Monday). The budget presentation usually consumes a solid two hours, so there is little time for other business. V. DISCUSSION: A) In view of the fact that October this year has five Mondays, staff recommends that a special meeting be conducted that evening to focus on the budget and avoid its usual impact on the ability to conduct other business at the regular workshop meeting on the second Monday of November. It is important, however, that most, if not all, Councilmembers are available for the special meeting. 3(e)