HomeMy WebLinkAbout2008.01.14 Council Workshop Packet AGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. January 14, 2008
1. CALL TO ORDER
2. VERBAL REPORTS FROM COUNCILMEMBERS:
3. ITEMS FOR DISCUSSION:
(a) Hanford Communities Annual Report. (NO WRITTEN MATERIAL ON AGENDA)
Presented by Pam Larsen,Executive Director,Hanford Communities.
(b) Waiver of Utility Service Requirement-Helena Chemical-1010 E.Kartchner Street:
1. Agenda Report from Michael McShane,City Engineer dated.January 7,2008.
2. Vicinity Map,
3. Petition for Utility Service Waiver.
4. PMC 16.06.
(c) Fire Department Emergency Response Time Report:
1. Agenda Report from Gregory L. Garcia, Fire Chief dated January 2,2008.
2. Fire Department Emergency Response Report,2007.
3. Pasco Fire Department Response Standards.
(d) Professional Services Agreement with SAFEBuilt Washington:
1. Agenda Report from Mitch Nickolds, Inspection Services Manager dated January 9,2008.
2. Proposed Agreement.
(e) Aquatic Lands Lease for Chiawana Boat Dock:
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
January 7,2008.
2. Letter from DNR.
3. Proposed Lease (Council packets only; copy available in Administrative and Community
Services office, the Pasco Library or on the city's website at www.pasco-wa.gov for public
review).
(f) Deed for Future Street Right-of-Way(MF#INF008-002):
1. Agenda Report from David I. McDonald, City Planner dated January 7,2008.
2. Vicinity Map,
3. Deeds for Power Line Road Right-of-Way (Council packets only; copy available in the
Planning office, the Pasco Library or on the city's website at www.pasco-wa.go for public
review).
4. Resolution Accepting Deeds.
(g) Professional Services Agreement with Quality Coating Inspection and Consulting,Inc.:
1. Agenda Report from Jess Greenough,Field Division Manager dated January 9,2008.
2. Professional Services Agreement.
(h) 2008 Interlocal Agreement for Correctional Facilities Use:
1. Agenda Report from Denis Austin,Chief of Police dated January 11,2008.
2. Proposed Agreement (Council packets only; copy available in the Police Department, the
Pasco Library or on the city's website at www.pasco-wa.gov for public review).
(i) Council Representation on Boards and Committees. (NO WRITTEN MATERIAL ON
AGENDA)
4. OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
S. EXECUTIVE SESSION:
(a)
(b)
(c)
6. ADJOURNMENT.
Workshop Meeting 2 January 14,2008
REMINDERS:
1. 12:00 p,m., Monday, January 14, Pasco Red Lion — Pasco Chamber of Commerce General
Membership Meeting. (Featured Speaker: Doc Hastings)
2. 6:30 p.m., Monday, January 14, City Hall, Conference Room #1 — Old Fire Pension Board
Meeting. (COUNCILMEMBER MATT WATKINS)
3. 5:30 p.m., Wednesday, January 16, Roy's Smorgy — Good Roads Association Board Meeting.
(COUNCILMEMBER BOB HOFFMANN,Rep.;MAYOR JOYCE OLSON, Alt.)
4. 12:00 p.m., Thursday, January 17, 720 W. Lewis Street — Pasco Downtown Development
Association Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; MATT WATKINS,
Alt.)
5. 3:30 p.m., Thursday, January 17, City Hall Parks & Rec. Classroom — Regional Oversight
Committee Meeting. (COUNCILMEMBERS REBECCA FRANCIK and MATT WATKINS)
6. 11:30 a.m., Friday, January 18, Roy's Smorgy — Benton-Franklin Council of Governments Board
Meeting. (COUNCILMEMBER TOM LARSEN,Rep.; BOB HOFFMANN,Alt.)
AGENDA REPORT NO. 3
FOR: City Council January 7, 2008
TO: Gary Crutchfi Manager Workshop Mtg.: 01/14/08
Robert J. Alb u is Works Director Regular Mtg.: 01/22/08
FROM: Michael McSh ne, City Engineer
SUBJECT: Waiver of Utility Service Requirement—Helena Chemical--1010 E. Kartchner St.
I. REFERENCE(S):
1. Vicinity Map
2. Petition for Utility Service Waiver
3. PMC 16.06
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
01/14: Discussion
01/22: MOTION: I move to deny the sewer utility waiver as requested by
Helena Chemical Co., Inc.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A. The applicant has requested a sewer waiver in order to use an existing
septic tank system for their business. P.M.C. 16.06 requires connection to
the utility system when a building permit is issued unless such
requirement is waived by action of the City Council.
B. The City's sewer system as shown on the vicinity map is within 200 feet
of the property. The extension of the sewer system to service the property
would not be difficult and would be consistent with past practices. A
waiver would go against the overall goal of providing sewer service in this
area.
V. DISCUSSION:
Any determination or decision by the City Council to waive utility requirements
is to be based upon the waiver criteria provided in P.M.C. 16.06.040 as follows:
(1) Special circumstances applicable to the property in question or the
intended use that do not generally apply to other properties or classes of
uses in the same vicinity or zoning classification.
The city sewer system is currently located near the property, less than 200
feet from the northeast corner(at the intersection of Jason and Kartchner).
The subject property is required to extend the sewer line westerly on
Kartchner Street approximately 500 feet, coinciding with its frontage on
Kartchner Street; the city would reimburse half of the cost of that line
extension on behalf of the property on the north side of Kartchner Street
(the city would recover its expenditure when the property on the north side
of Kartchner Street develops and connects to the system). This is the
same process applied to other properties. Although the subject property is
a larger parcel and therefore has more frontage than most others in the
vicinity, the expense of the sewer line extension approximates only
$12,000 and the expansion project approximates $500,000 dollars (thus,
the requirement to connect to the sewer system is not an extraordinary
financial burden).
3(b)
(2) A waiver is necessary for the preservation and enjoyment of a
substantial property right or use possessed by other properties in the
same vicinity and the same zoning classification, which because of
special circumstances is denied to the property in question.
Other properties in the same vicinity have been required to extend and
connect to the sewer system. Several years ago, the book store at the
corner of Rainier and Hillsboro was required to connect to the system;
more recently, an Ag warehouse on the south side of Hillsboro (just east
of Rainier Avenue) extended and connected to the sewer system when it
expanded the existing facility last year. Thus, a waiver for the owner of
this property would represent a grant of special privilege not granted to
other nearby properties.
(3) The granting of the waiver will not be detrimental to the public welfare
or injurious to other property improvements in such vicinity and zoning
classification, which the subject is located.
Granting a waiver from the standard requirement to connect to the sewer
system when it is already nearby would be contrary to the public welfare
in that the sewer system is supported by all of its users.
(4) The granting of a waiver will not conflict with the general intent of this
chapter.
Absent a special circumstance warranting an exception, granting a waiver
would unnecessarily and inappropriately conflict with the intent of the
utility connection requirement.
Based upon a review of the criteria above, Staff recommends denial of the sewer
waiver request.
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CITY OF PASCO
PETITION FOR UTILITY SERVICE WAIVER
PLEASE COMPLETE THE APPLICATION CLEARLY AND ACCURATELY
A'l //-,) — I
(Name of Owner/Applicant)(1 st party (Name of Owner/Applicant)(2nd party)
(Address (Address)
43
(Phone) (Phone)
General Location of Properly: / _ Q ;LA�SO,Al 57 f le:',4
(give location relative to streets, intersections, etc.)
Legal Description of Property for which the Utility Waiver is requested:
Current Land Use of Property: WAZZ:-: LI-W TA k1r•,_ T�
1) Type of utility waiver requested? Water Sewer��
2) .Describe the reason for requesting a waiver from the requirement to connect to the municipal water
and/or sewer system? - 6�!e
3) Describe alternative method of utility provision from which a waiver is requested?
r
4) Special circumstances applicable to the property in question or intended use?
Mo � - G tie
5) What changed or changing conditions warrant the proposed Utility Waiver?
EgLim-k.—N. 7v— 4-- tom,
(��c� ,�i •.,�+�►�,
G) What other properties in the same vicinity and within the same zoning district have received a
Utility Waiver or are not connected to one of both or the municipal utility systems?
7) How will the public health and welfare be protected by granting the Utility Service Waiver?
CHAPTER 16.06 UTILITY SERVICE REQUIREMENTS FOR BUILDING PERMITS
Sections:
16,06.0 10 AVAILABILITY OF WATER AND SEWER SERVICE REQUIRED
16.06.030 WAIVER-AUTHORIZED
16.06.040 WAIVER-CRITERIA
16.06.010 AVAILABILITY OF WATER AND SEWER SERVICE REQUIRED. The availability of City
water and sewer service to the lot(s), parcel(s) or tract(s) of land sought to be improved by construction of a
structure for human habitation, or industrial or commercial use, shall be a prerequisite to the issuance of a building
permit. No building permit shall be issued without compliance with this section except as stated in this chapter.
"Availability of City water and sewer service" means the physical connection to transmission lines of such service,
after paying for all applicable connection fees including the installation of a water meter and having the water meter
installed and activated or in the case of sewer service only the physical presence of such service within a street, or
other easement of the City of Pasco adjoining the lot(s),parcel(s)or tract(s) of land to be improved. (Ord. 2412 Sec.
1, 1982; Ord. 2303 Sec. 1, 1981.)
16.06.020 EXCEPTIONS. (Repealed Ord. 3786,2006;Ord. 2303 Sec. 2, 1981.)
16.06.030 WAIVER - AUTHORIZED. The prerequisite requirements for a building permit stated in
Section 16.06.010 may be waived by approval of the City Council by majority vote at any regular meeting, upon
such forms as they shall deem necessary to enable them to make specific findings of fact as to why a waiver should
be granted. All such waivers must be applied for in writing on a form or forms to be supplied by the City of Pasco
and all denials of such waiver shall also be in writing and state specific findings upon which the denial is based.
The grant of a waiver may be reasonably conditioned and any such conditions shall be in writing, signed by the
owner of the land, recorded and run with the land. Such conditions may include but shall not be limited to the
following:
A specific period of exception;
• Required participation in future public sewer and/or water service extension by L.I.D. or other means;
The signing by the owner of the property of a hold harmless and/or indemnity agreement in favor of the
City of Pasco. (Ord. 2303 Sec. 3, 1981.)
16.06.040 WAIVER-CRITERIA. Any determination to grant, deny, or grant with conditions an application for
a waiver described in Section 16.06.030 shall be based upon the following criteria:
A) Special circumstances applicable to the property in question or to the intended use that do not generally
apply to other properties or classes of use in the same vicinity or zoning classification;
B) A waiver is necessary for the preservation and enjoyment of a substantial property right or use possessed
by other property in the same vicinity and in zoning classification, which because of special
circumstances is denied to the property in question;
C) The granting of the waiver will not be detrimental to the public welfare or injurious to any person,
property or improvements thereon in such vicinity and zoning classification in which the subject
property is located;
D) The granting of a waiver will not conflict with the general intent of this chapter;
E) Except as provided below, no waiver shall be granted for any property lying within the boundaries of the
Pasco Landfill ground water protection area (the Protection Area) as delineated on the official map
designating said area on file at the City of Pasco Public Works Department. If the City of Pasco receives
a waiver request, it shall notify the Department of Ecology of such request, and shall provide the
Department of Ecology all relevant information regarding such request.
F) If the residual hazardous substances in the groundwater remaining within the entirety of the Protection
Area are subsequently reduced in concentration such that the method A or method B cleanup levels, as
applicable, established under WAC 173-340-700 through 173-340-760 are met, then Section 5 hereof
shall be of no further force and effect, if the Department of Ecology, after public notice and opportunity
for comment,concurs. (Ord. 3469 Sec. 1,2001; Ord.2303 Sec. 4, 1981.)
AGENDA REPORT
FOR: City Council January 2, 2008
TO: Gary Crutchfi anager Workshop Mtg.: 1/14/08
FROM: Gregory L. Ga cia,MFire Chief Regular Mtg.: 1/22/08
SUBJECT: Fire Department Emergency Response Time Report
I. 1tEFERENCE(S):
1. Fire Department Emergency Response Report, 2007
2. Copy of the Pasco Fire Department Response Standards
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
1/14 Discussion
1/22 MOTION: I move to accept and approve the 2007 Fire Department Emergency
Response Time Report.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A) House Bill 1756 approved by the legislature in 2005, requires that every fire
jurisdiction evaluate its level of service and deployment delivery and response time on
an annual basis. The evaluations required by the law shall be based on the data
relating to level of service, deployment, and the achievement of each response time
objective in each geographic area within the fire department's jurisdiction.
B) Turnout time is the time Dispatch alerts the firefighters of an incident and the
responding unit advises dispatch that they are responding.
C) Response time is travel time from the emergency vehicle's location to the incident.
V. DISCUSSION:
A) The report shows that the overall average response time for fire suppression is 5
minutes 20 seconds up 7 seconds from 2007 but well under the 6-minute standard set
in Resolution 2938.
B) The Emergency Medical Services (ambulance) response average time is 3 minutes 45
seconds for the paramedic ambulance to arrive at the scene of a medical response. The
time is up 40 seconds from 2007 but still almost half of the 6-minutes allotted under
Resolution 2938.
C) The response time for the Aircraft Rescue and Firefighting (ARFF) vehicle to arrive at
its stand-by position on the airport is 1 minute 30 seconds. The FAA required
response time is 3 minutes.
D) The report reflects that the fire department is meeting the response criteria (as set in
Resolution 2938) 98.1% of the time even with the increased traffic in the City.
E) Staff recommends that the City Council accept and approve the report pursuant to state
law and City Resolution 2938.
3(c)
2007 RESULTS
Response Number Adopted Actual Percent Adopted Actual Percent Adopted Actual
Type of Turnouts Performance Meeting 1s` Performance Meeting V Full Standard
Responses Standard (Minutes) Standard Arrival (Minutes) Standard Arrival Performance
(Minutes) Response Response (Minutes)
Minutes (Minutes)
Emergency
Medical 2485 0 NIA NIA 6:00 3:45 100% 6:00 4:09
Fire
Suppression 395 2:00 1:51 100% 6:00 5:20 98.1% 12:00 7:00
Response
Wildland
41 N/A NIA NIA 6:00 6:00 100°/Q NIA NIA
Hazardous
Material 47 2:00 1:51 100% 6:00 5:32 100% NIA NIA
ARFF
7 NIA NIA NIA 3:00 1:45 100% NIA NIA
Technical
Rescue 0 2:00 NIA NIA 6:00 NIA NIA N/A NIA
Total
Responses 2975
PASCO FIRE DEPAR TMENT
RESPONSE STANDARDS
I. Mission Statement
The Pasco Fire Department's mission is to provide rapid mitigation of fire, rescue, hazardous
materials and medical emergencies with compassion, integrity, and respect for the people we
serve. To be the premier provider of public safety services, utilizing our people as the critical
resource to accomplish our goals.
II. Adopted Standards
A. Response time to don safety equipment and response to the incident.
Turnout Time Standard:
The Pasco Fire Department has adopted a turn out time standard of 2 minutes,
which the department should meet 85 % of the time. All firefighting safety
equipment must be donned before the vehicle can leave the station for a fire
response.
A. Response time for the arrival of the first arriving engine company as a fire suppression
incident.
Response Time Standard:
The Pasco Fire Department has adopted a response/travel time standard of G
minutes for the arrival of the first engine company to a fire suppression incident,
which the department should meet 40 % of the time.
1. This equates to the travel time to the incident by the first arriving engine
company.
B. Response time for the deployment of a full first alarm assignment at a fire suppression
incident.
Response Time Standard for Full Vt Alarm Response:
The Pasco Fire Department has adopted a response/travel time standard of 12
minutes for the arrival of the full complement of a lst alarm response to a fire
suppression incident, which the department should meet 85% of the time. Further,
the Pasco Fire Department has adopted a 1st alarm response of 11 firefighters and
or 2 engine companies (if applicable), 2 aid units, 1 ladder truck and l Command
Officer(if applicable).
1. This equates to the travel time to the incident for the full complement of the first
alarm assignment to a fire suppression incident.
1
C. Response time for the arrival of the first arriving unit with a first responder or higher
level capability at an emergency medical incident.
Response Time Standard:
The Pasco Fire Department has adopted a response/ travel time standard time of 6
minutes/seconds for the arrival of the first emergency medical unit with
appropriately trained personnel on board to an emergency medical incident, which
the department should meet 90% of the time.
1. This equates to the travel time to the incident by the first arriving engine
company, aid car or other emergency medical unit with appropriately trained
personnel on board (i.e. 0 responder, emergency medical technicians,
paramedics, etc.).
D. Response time for the arrival of an advanced life support unit to an emergency medical
incident, where this service is provided by the fire department.
Response Time Standard:
The Pasco Fire Department has adopted a response/travel time standard of 6
minutes for the arrival of an advanced life support unit with appropriately trained
personnel (paramedics) on board to an ALS emergency medical incident, which the
department should meet 90% of the time.
1. This equates to the travel time to the incident by the first arriving engine
company, aid car or other emergency medical unit with trained paramedics on
board.
E. Response time for the arrival of the first arriving apparatus with appropriately trained and
equipped Hazardous Materials Level "A" Technicians on board at a hazardous materials
incident, where this service is provided by the fire department.
Response Time Standard:
The Pasco Fire Department has adopted a response/travel time standard of 6
minutes for the arrival of the first unit with appropriately trained Hazardous
Materials Technicians on board to a hazardous materials incident, which the
department should meet 90 % of the time.
1. This equates to the travel time to the incident by the first arriving engine
company, aid car, or other special operations unit with appropriately trained and
equipped personnel on board(Hazardous Materials Technicians).
2
F. Response time for the arrival of the first arriving apparatus with appropriately trained and
equipped Technical Rescue Technicians on board at the technical rescue incident, where
this service is provided by the fire department.
Response Time Standard:
The Pasco Fire Department has adopted a response/travel time standard of 6
minutes for the arrival of the first unit with appropriately trained and equipped
Personnel on board to a technical rescue incident, which the department should
meet 85% of the time.
1. This equates to the travel time to the incident by the first arriving engine
company, aid car, or other special operations unit with appropriately trained and
equipped personnel in board.
G. Response time for the arrival of the first arriving apparatus with appropriately trained and
equipped Aircraft Rescue and Firefighting personnel on board at an aircraft incident,
where this service is provided by the fire department.
Response Time Standard:
The Pasco Fire Department has adopted a response/travel time standard of 3
minutes for the arrival of the first unit with appropriately trained and equipped
Aircraft Rescue and Firefighting personnel on board to an aircraft incident, which
the department should meet 100% of the time.
1. This equates to the travel time to the incident by the first arriving engine
company, aid car, or other aircraft rescue unit with appropriately trained and
equipped personnel on board (Aircraft Rescue and Firefighting trained personnel).
2. The response time is set by the Federal Aviation Administration through 14 CFR
Parts 121 and 139.
H. Response time for the arrival of the first arriving apparatus with appropriately trained and
equipped Wild land Firefighting personnel on board at a wild fire incident, where this
service is provided by the fire department.
Response Time Standard:
The Pasco Fire Department has adopted a response/ travel time standard of 6
minutes for the arrival of the first unit with appropriately trained and equipped
Wild Land Firefighting personnel on board to a wild land fire incident, which the
department should meet 85% of the time.
1. This equates to the travel time to the incident by the first arriving engine company
or other wild land firefighting unit with appropriately trained and equipped
personnel on board (Wild Land Firefighters with appropriate certifications).
3
AGENDA REPORT
FOR: City Council January 9, 2008
TO: Gary Crutchfi Manager
Workshop Mtg.: 01/14/08
FROM Mitch Nickold , Inspection Services Manager Regular Mtg.: 01/22/08
SUBJECT: Professional Services Agreement with SAFEBuilt Washington
I. REFERENCE(S):
1. Proposed Agreement
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
01/14: Discussion
01/22: MOTION: I move to approve the professional services agreement with
SAFEBuilt Washington, Inc., for certain construction,plan review
and inspection services and, further, authorize the Mayor to sign
the agreement.
III. FISCAL IMPACT:
The contract requires payment of 45% of fees collected from construction permits,
$33.20 per hour for building code enforcement and inspections, plan reviews and permit
related tasks and .50 per mile for travel costs. All costs for contract building inspection
and permit services rendered are offset with funds the City collects for construction
permit and building plan reviews from permit applicants.
IV. HISTORY AND FACTS BRIEF:
A) The City has maintained a contract for professional building inspection and plan
review services with The Building Department, Inc. since 1996.
B) The Building Department Incorporated has been sold to SAFEBuilt Washington,
Inc.
V. DISCUSSION:
A) This is primarily a change in the name of the contractor only. There will be no
changes in the staff we are currently provided under our existing contract and we
have continually received excellent service from that staff.
B) Staff have reviewed the proposed contract for SAFEBuilt Washington, Inc. and
find that, with the exception of an increase in the mileage rate (from $.48 to $.50
per mile)there are no material changes to services or fees contained therein.
3(d)
CONTRACT FOR SERVICES
BETWEEN
CITY OF PASCO,WASHINGTON
and
SAFEBUILT WASHINGTON,INC.
THIS CONTRACT is entered into this day of , 2008, by and between
the CITY OF PASCO, WASHINGTON (hereinafter "the City") and SAFEBUILT
WASHINGTON, INC., a Washington Corporation(hereinafter"SAFEBUILT").
WHEREAS, the City intends to regulate the process for construction and improvements
within its boundaries to ensure compliance with its comprehensive plan and with its pertinent
ordinances, laws, and regulations and to assure the overall operation of said enforcement; and
WHEREAS, SAFEBUILT possesses knowledgeable and experienced persons familiar
with the building permitting process, building codes, abatement procedures, and other such
related activities ordinarily performed by a jurisdiction's building and code enforcement
departments; and
WHEREAS, the City wishes to assure itself of the availability of such qualified experts
to assist in the administration of the City's building and code enforcement activities and
SAFEBUILT is willing to provide such expertise to assist the City in this regard;
NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS:
1. SAFEBUILT accepts the relationship of trust and confidence established between
it and the City by this Contract. SAFEBUILT covenants with the City to furnish its best skill and
judgment and to cooperate with the City in furthering the interests of the City. It agrees to furnish
efficient business administration and superintendence and to use its best efforts to complete the
review and administration of the building permit application process and administration of the
City's laws, ordinances, and regulations relating to the building and code enforcement processes
in an expeditious and economical manner consistent with the interests of the City.
2. The City agrees to provide staff needed for the initial permit intake and the final
issuance of permits at some pre determined location in the city.
3. The City has the option of exercising any or none of the provisions set forth
below at its discretion.
4. The City agrees to forward the initial applications, plans and specifications to
SAFEBUILT by fax and/or mail.
5. SAFEBUILT agrees to provide an ICC/ICBO certified building inspectors on
Monday through Fridays of each week, as needed, to conduct inspections for Washington State
Building Code compliance of building permits covered under this agreement. Inspectors will not
be provided on holidays recognized by the City.
6. SAFEBUILT agrees to act as consultant to the City's officials in matters
concerning the operation of the City's building and code enforcement activities when requested
by the City. Such activities may include,but are not necessarily limited to,
_review of building plans
_building inspections
_abatement of dangerous buildings
_code enforcement
_drafting of ordinances
Activities may also include working with the City's attorney in enforcing and
prosecuting individuals charged with violation of the building codes and related regulations
adopted by the City.
7. SAFEBUILT shall be compensated by the City for services as follows:
(a) For consulting to the City for matters not covered under Subparagraphs (b)
and (c) below, SAFEBUILT shall receive the sum of Thirty-three dollars twenty
cents ($33.20)per hour.
(b) For performing plan reviews for commercial and industrial projects
SAFEBUILT shall receive forty-five percent (45%) of the construction permit fee
for each project reviewed. For such projects, SAFEBUILT's portion of the permit
fees shall be paid on a regular payment schedule to be agreed upon between the
parties on a project-by-project basis.
(c) For calculating valuations and finalizing building permit applications and
IBC inspections for projects, SAFEBUILT shall receive Thirty-three dollars
twenty cents ($33.20) per hour plus fifty cents (50) a mile for each mile travel
while performing work for the city.
(d) Project valuations shall be calculated pursuant to The City of Pasco's
Building Valuation Data. When this method is not practical, valuations will be
established by SAFEBUILT pursuant to industry standard practices. The City of
Pasco reserves the right to adjust the valuations on specific projects when needed
to address special construction circumstances.
8. SAFEBUILT shall provide the City with a monthly invoice which contains true
and accurate references for each service performed and all time billed including, but not limited
to, the name of each plan examiner or inspector, dates and hours worked and mileage accrued
performing their duties.
9. The City shall pay SAFEBUILT's invoices with-in thirty day of receipt of
SAFEBUILT's billing.
SAFEBUILT Agreement
Page 2 of
10. SAFEBUILT will carry errors and omissions insurance coverage in the minimum
amount of $1 million, as well as liability insurance. SAFEBUILT will name the City as
additional insured on the liability policy.
11. This contract may be terminated by either party by giving thirty(30) days' written
notice to the other party. If this contract is terminated, SAFEBUILT's final invoice shall be paid
on the regular scheduled payment date.
12. It is understood and agreed that SAFEBUILT is an independent contractor and is
not employed by the City and SAFEBUILT shall make no claims for benefits for employment
against the City including, but not limited to, sick leave, medical insurance, coverage under the
City's State Department of Labor and Industries policy, vacation benefits, retirement, or
unemployment benefits.
13. The term of this Contract shall be for a period of one (1) year commencing this
day of , 2008, and shall automatically renew each year absent notice of
one party to the other of intent to cancel pursuant to Paragraph 13.
14. Any notice required to be given under this Contract shall be given by certified
mail addressed as follows:
To the City: Director of Community&Economic Development
525 North 3rd Avenue
Pasco, Washington 99301
To SAFEBUILT: 2123 Robertson Drive
Richland, Washington 99354
15. This Contract is made and entered into the State of Washington and shall be
governed by and construed and enforced in accordance with the substantive laws of the State of
Washington. Should any dispute arise concerning the breach, enforcement, or interpretation of
this Contract, venue shall be placed in Franklin County, Washington, and the prevailing parties
shall be entitled to its reasonable attorney fees and costs and additional judgment against the
other party.
16. Time is of the essence of this Contract, and there are no other agreements between
the parties, either oral or in writing, concerning the subject matter herein.
17. SAFEBUILT shall indemnify the City and its officers, employees and/or agents
and hold them harmless from and against any and all claims, suits, and/or actions, loss or
damages resulting form or arising out of the services provided under this Agreement, or from
negligent acts or intentional acts or omissions of SAFEBUILT.
SAFEBUILT Agreement
Page 3 of 4
IN WITNESS WHEREOF, the parties have caused this Instrument to be executed by
their duly authorized representatives the day and year first above written.
CITY OF PASCO,WASHINGTON SAFEBUII.T WASHINGTON, INC.
Joyce Olson Richard R. Mumma Jr.
Mayor Vice President
APPROVED AS TO FORM:
Lee Kerr
SAFEBUILT Agreement
Page 4 of 4
AGENDA REPORT
FOR: City Council January 7, 2008
TO: Gary Crutch el anager
FROM: Stan Strebel, dmini t and Community Workshop Mtg.: 01/14/08
Services Dire t&— !/C.- Regular Mtg.. 01/22/08
SUBJECT: Aquatic Lands Lease for Chiawana Boat Dock
I. REFERENCE(S):
1. Letter from DNR
2, Proposed Lease (Council packets only; copy available in Administrative and
Community Services office, the Pasco Library or on the city's website at
www,pasco-wa. og_v for public review.)
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
01/14: Discussion
01/22: MOTION: I move to approve the Aquatic Lands Lease for Chiawana Park
Boat Dock with the Department of Natural Resources and
further, authorize the Mayor to sign the document.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
A) By law the State of Washington is vested with ownership of lands below the
ordinary high water mark of major bodies of water. Given this, most docks and
boat launches, etc. are located on State lands. When Franklin County originally
constructed the Chiawana Park Boat Dock, several years ago, State approval was
given but no lease for the underlying property was required.
B) As the Corps of Engineers and the City were coordinating the replacement of the
damaged dock (as a precondition to the new lease of the park) the State
Department of Natural Resources notified us that a lease would now be required
for the facility.
C) As the underlying leasee for the park, it makes sense for the City to also be the
lessee of the aquatic lands. The proposed lease is no cost to the City as the dock
is open to the public without cost. The 12 year term is within the term of the
City's lease with COE for the park.
D) Staff recommends approval of the lease so that the dock facility may be available
to continue in public use.
3(e)
daIS PA
WASHINGTON STATE DEPARTMENTOF DOUG SUTHERLAND
Natural Resources Commissioner of Public Lands
v
„JAN 0 2
December 20, 2007
The Honorable Joyce Olson
City of Pasco
PO Box 293
Pasco, WA 99301
Subject: Aquatic Lands Lease No. 20-081594
Dear Mayor Olson:
Enclosed are two (2) identical originals of Aquatic Lands Lease No. 20-081594 for your review.
If they meet with your approval,please sign and date both copies and return them within thirty
(30) days to:
Department of Natural Resources
Aquatics Region/Rivers District
PO Box 280
Castle Rock, WA 98611
Please note that your signature must be notarized. Each Lease document contains a certificate of
acknowledgement for this purpose.
Upon receiving the items listed above and completion of our final evaluation at the staff level,
we will submit them to DNR management for their review and final execution.
If you have any questions, please contact Dave Harsh at(509) 220-3009.
Sincerely,
Mindi L. Bond,Natural Resource Technician
Aquatics Region/Rivers District
Enclosures (2)
cc: Olympia
Region
PACIFIC CASCADE REGION 1 601 BOND RD 1 PO BOX 280 1 CASTLE ROCK,WA 98611-0280
TEL:(360)577-2025 1 FAX:(360)274-4196 1 TTY.(360)577-2025
Equal Opportunity Employer RECYCLED PAPER
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
DOUG SUTHERLAND, Commissioner of Public Lands
AQUATIC LANDS LEASE
TABLE OF CONTENTS
1. PROPERTY..........................................................................................................................1
1.1 Property Defined.............................................................................................................. 1
1.2 Survey and Property Descriptions................................................................................. 2
1.3 Inspection......................................................................................................................... 2
2. USE........................................................................................................................................2
2.1 Permitted Use...................................................................................................................2
2.2 Restrictions on Use..........................................................................................................2
2.3 Conformance with Laws.................................................................................................3
2.4 Liens and Encumbrances................................................................................................3
3. TERM....................................................................................................................................3
3.1 Term Defined...................................................................................................................3
3.2 Renewal of the Lease.................................................................................... ..................3
3.3 End of Term.....................................................................................................................3
3.4 Hold Over.........................................................................................................................4
4. RENT ....................................................................................................................................4
4.1 Annual Rent.....................................................................................................................4
4.2 Payment Place..................................................................................................................4
4.3 Adjustment Based on Use...............................................................................................5
4.4 Rent Adjustment Procedures .........................................................................................5
4.5 Rent Adjustments for Water-Dependent Uses..............................................................5
5. OTHER EXPENSES...........................................................................................................5
5.1 Utilities..............................................................................................................................5
5.2 Taxes and Assessments....................................................................................................6
5.3 Right to Contest...............................................................................................................6
5.4 Proof of Payment.............................................................................................................6
5.5 Failure to Pay...................................................................................................................6
6. LATE PAYMENTS AND OTHER CHARGES...............................................................6
6.1 Late Charge...................................................................................................................... 6
6.2 Interest Penalty for Past Due Rent and Other Sums Owed........................................6
6.3 Referral to Collection Agency and Collection Agency Fees ........................................6
6.4 No Accord and Satisfaction............................................................................................ 7
6.5 No Counterclaim, Setoff, or Abatement of Rent........................................................... 7
7. IMPROVEMENTS..............................................................................................................7
7.1 Improvements Defined....................................................................................................7
7.2 Existing Improvements................................................................................................... 7
7.3 Construction,Alteration, Replacement, and Modification..........................................7
7.4 Disposition and Removal of Tenant-Owned Improvements at End of Lease............8
7.5 Disposition of Unauthorized Improvements.................................................................9
Form Date: 1/2007 i Lease No.20-081594
7.6 Disposition of Personal Property.................................................................................. 10
S. ENVIRONMENTAL LIABILITY/RISK ALLOCATION............................................10
8.1 Definitions....................................................................................................................... 10
8.2 General Conditions........................................................................................................ 10
8.3 Current Conditions and Duty to Investigate............................................................... 11
8.4 Use of Hazardous Substances....................................................................................... 11
8.5 Management of Contamination................................................................................... 11
8.6 Notification and Reporting........................................................................................... 12
8.7 Indemnification.............................................................................................................. 12
8.8 Reservation of Rights.................................................................................................... 13
8.9 Cleanup........................................................................................................................... 14
8.10 Sampling by State, Reimbursement, and Split Samples............................................ 14
9. ASSIGNMENT AND SUBLETTING..............................................................................15
9.1 State Consent Required........................................................................................... .. 15
9.2 Rent Payments Following Assignment........................................................................15
9.3 Terms of Subleases........................................................................................................ 15
9.4 Short-Term Subleases of Moorage Slips..................................................................... 16
10. INDEMNITY, FINANCIAL SECURITY, INSURANCE..............................................16
10.1 Indemnity....................................................................................................................... 16
10.2 Insurance Terms............................................................................................................ 17
10.3 Insurance Types and Limits......................................................................................... 18
10.4 Financial Security..........................................................................................................20
11. MAINTENANCE AND REPAIR.....................................................................................21
11.1 State's Repairs................................................................................................................21
11.2 Tenant's Repairs,Alteration, Maintenance and Replacement..................................21
12 DAMAGE OR DESTRUCTION......................................................................................21
12.1 Notice and Repair..........................................................................................................21
12.2 State's Waiver of Claim................................................................................................21
12.3 Insurance Proceeds........................................................................................................21
12.4 Rent in the Event of Damage or Destruction.............................................................21
12.5 Default at the Time of Damage or Destruction...........................................................21
13. CONDEMNATION...........................................................................................................22
13.1 Definitions.......................................................................................................................22
13.2 Effect of Taking.............................................................................................................22
13.3 Allocation of Award.......................................................................................................22
14. DEFAULT AND REMEDIES..........................................................................................23
14.1 Default Defined.......................................................................... ...................................23
14.2 Tenant's Right to Cure..................................................................................................23
14.3 Remedies.........................................................................................................................23
15. ENTRY BY STATE...........................................................................................................24
16. DISCLAIMER OF QUIET ENJOYMENT.....................................................................24
16.1 No Guaranty or Warranty............................................................................................24
16.2 In the Event of Eviction by Third Party......................................................................24
17. NOTICE..............................................................................................................................24
18. MISCELLANEOUS ..........................................................................................................25
18.1 Authority..................................................................................... ..................................25
Farm Date: 1/2007 11 Lease No.20-081594
18.2 Successors and Assigns..................................................................................................25
18.3 Headings......................................................................................................................... 25
18.4 Entire Agreement..........................................................................................................25
18.5 Waiver.............................................................................................................................25
18.6 Cumulative Remedies...........................................................................................
.........25
18.7 Time is of the Essence....................................................................................................25
18.8 Language........................................................................................................................26
18.9 Invalidity.........................................................................................................................26
18.10 Applicable Law and Venue......................................................................•....................26
18.11 Recordation....................................................................................................................26
18.12 Modification...................................................................................................................26
18.13 Survival...........................................................................................................................27
Exhibit A: Record of Survey
Exhibit B: Plan of Operations
Form Date: 1/2007 ill Lease No.20-081594
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
DOUG SUTHERLAND, Commissioner of Public Lands
AQUATIC LANDS LEASE
AQUATIC LANDS LEASE NO. 20-081594
THIS LEASE is made by and between the STATE OF WASHINGTON, acting through the
Department of Natural Resources ("State"), and CITY OF PASCO, a government agency/entity
("Tenant").
BACKGROUND
Tenant desires to lease the aquatic lands commonly known as Chiawana Park on the Columbia
River which is shorelands and bedlands located in Franklin County, Washington, from State, and
State desires to lease the property to Tenant pursuant to the terms and conditions of this Lease.
THEREFORE, the parties agree as follows:
SECTION 1 PROPERTY
1.1 Property Defined.
(a) State leases to Tenant and Tenant leases from State the real property described in
Exhibit A together with all the rights of State, if any,to improvements on and
easements benefiting the Property, but subject to the exceptions and restrictions
set forth in this Lease (collectively the"Property").
(b) This Lease is subject to all valid interests of third parties noted in the records of
Franklin County, or on file in the office of the Commissioner of Public Lands,
Olympia, Washington;rights of the public under the Public Trust Doctrine or
federal navigation servitude; and treaty rights of Indian Tribes.
(c) Not included in this Lease are any right to harvest, collect or damage any natural
resource, including aquatic life or living plants, any water rights, or any mineral
Form bate: 1/2007 j Lease No.20-081594
rights, including any right to excavate or withdraw sand, gravel, or other valuable
materials.
(d) State reserves the right to grant easements and other land uses on the Property to
others when the easement or other land uses will not unreasonably interfere with
Tenant's Permitted Use.
1.2 Survey and Property Descriptions.
(a) Tenant prepared Exhibit A, which describes the Property. Tenant warrants that
Exhibit A is a true and accurate description of the Lease boundaries and the
improvements to be constructed or already existing in the Lease area.
(b) Tenant shall not rely on any written legal descriptions, surveys,plats, or diagrams
("property description") provided by State. Tenant shall not rely on State's
approval or acceptance of Exhibit A or any other Tenant-provided property
description as affirmation or agreement that Exhibit A or other property
description is true and accurate. Tenant's obligation to provide a true and
accurate description of the Property boundaries shall be a material term of this
Lease.
1.3 Inspection. State makes no representation regarding the condition of the Property,
improvements located on the Property, the suitability of the Property for Tenant's Permitted Use,
compliance with governmental laws and regulations, availability of utility rights, access to the
Property, or the existence of hazardous substances on the Property. Tenant has inspected the
Property and accepts it"AS IS."
SECTION 2 USE
2.1 Permitted Use. Tenant shall use the Property for a public use and access recreational
dock(the"Permitted Use"), and for no other purpose. The Permitted Use is described or shown
in greater detail in Exhibit B, the terms and conditions of which are incorporated by reference
and made a part of this Lease. This is a water-dependant use.
2.2 Restrictions on Use.
(a) Tenant shall not cause or permit any damage to natural resources on the Property.
(b) Tenant shall also not cause or permit any filling activity to occur on the Property
or adjacent state-owned aquatic land. This prohibition includes any deposit of
rock, earth, ballast, wood waste, refuse, garbage, waste matter(including
chemical, biological, or toxic wastes), hydrocarbons, any other pollutants, or other
matter in or on the Property, except as approved in writing by State.
(c) Tenant shall neither commit nor allow waste to be committed to or on the
Property or adjacent state-owned aquatic land.
(d) Failure to Comply with Restrictions on Use.
(1) If State gains actual knowledge of Tenant's failure to comply with any of
the restrictions set out in this Subsection 2.2, State may notify Tenant and
provide Tenant a reasonable time to take all steps necessary to remedy the
Form Date: 1/2007 2 Lease No.20-081594
failure and restore the Property to the condition before the failure
occurred.
(2) If Tenant fails to restore the Property in a timely manner, then State may
take any steps reasonably necessary to restore the Property. Upon demand
by State, Tenant shall pay all costs of any remedial action, including but
not limited to the costs of removing and disposing of any material
deposited improperly on the Property.
(e) State's failure to notify Tenant of Tenant's failure to comply with all or any of the
restrictions set out in this Subsection 2.2 does not constitute a waiver of any
remedies available to State.
(f) This section shall not in any way limit Tenant's liability under Section 8,below.
2.3 Conformance with Laws. Tenant shall, at all times, keep current and comply with all
conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and
other government rules and regulations regarding its use or occupancy of the Property.
2.4 Liens and Encumbrances. Tenant shall keep the Property free and clear of any liens
and encumbrances arising out of or relating to its use or occupancy of the Property.
SECTION 3 TERM
3.1 Term Defined. The term of this Lease is twelve (12) years (the"Term"), beginning on
the 1st day of September, 2007 (the"Commencement Date"), and ending on the 31st day of
August, 2019 (the "Termination Date"), unless terminated sooner under the terms of this Lease.
3.2 Renewal of the Lease. This Lease does not provide a right of renewal. Tenant may
apply for a new lease, which State has discretion to grant.
3.3 End of Term.
(a) Upon the expiration or termination of this Lease, Tenant shall surrender the
Property to State in the same or better condition as on the Commencement Date,
reasonable wear and tear excepted.
(b) Definition of Reasonable Wear and Tear.
(1) Reasonable wear and tear is defined as deterioration resulting from the
intended use of the leasehold that has occurred without neglect,
negligence, carelessness, accident, or abuse of the premises by Tenant or
any other person on the premises with the permission of Tenant.
(2) Reasonable wear and tear shall not include any deposit of rock, earth,
ballast, wood waste, refuse,garbage, waste matter(including chemical,
biological or toxic wastes), hydrocarbons, any other pollutants, or other
matter in or on the Property that State has not expressly approved of in
writing regardless of whether the deposit is incidental to or the byproduct
of the intended use of the leasehold.
(c) If Property is in worse condition, excepting for reasonable wear and tear, on the
surrender date than on the Commencement Date, the following provisions apply.
Farm Date: 1/2007 3 Lease No.20-081594
(c) If Property is in worse condition, excepting for reasonable wear and tear, on the
surrender date than on the Commencement Date, the following provisions apply.
(1) State shall provide Tenant a reasonable time to take all steps necessary to
remedy the condition of the Property. State, at its option, may require
Tenant to enter into a right-of-entry or other use authorization prior to the
Tenant entering the Property to remedy any breach of this Subsection 3.3.
(2) If Tenant fails to remedy the condition of the Property in a timely manner,
then State may take any steps reasonably necessary to remedy Tenant's
failure. Upon demand by State, Tenant shall pay all costs of such
remedial action, including but not limited to the costs of removing and
disposing of any material deposited improperly on the Property, lost rent
resulting from the condition of the Property prior to and during remedial
action, and any administrative costs associated with the remedial action.
3.4 Holdover.
(a) If Tenant remains in possession of the Property after the Termination Date, the
occupancy shall not be an extension or renewal of the Term. The occupancy shall
be a month-to-month tenancy, on terms identical to the terms of this Lease, which
may be terminated by either party on thirty(30) days' written notice.
(1) The monthly rent during the holdover shall be the same rent that would be
due if the Lease were still in effect and all adjustments in rent were made
in accordance with its terms.
(2) Payment of more than the monthly rent shall not be construed to create a
periodic tenancy longer than month-to-month. If Tenant pays more than
the monthly rent and State provides notice to vacate the property, State
shall refund the amount of excess payment remaining after the Tenant
ceases occupation of the Property.
(b) If State provides a notice to vacate the Property in anticipation of the termination
of this Lease or at any time after the Termination Date and Tenant fails to do so
within the time set forth in the notice,then Tenant shall be a trespasser and shall
owe the State all amounts due under RCW 79.02.300 or other applicable law.
SECTION 4 RENT
4.1 Annual Rent.
(a) Until adjusted as set forth below, Tenant shall pay to State an annual rent of Zero
Dollars ($0.00), related to water-dependant use.
(b) The annual rent,as it currently exists or as adjusted or modified (the"Annual
Rent"), shall be due and payable in full on or before the Commencement Date and
on or before the same date of each year thereafter.
4.2 Payment Place. Payment is to be made to Financial Management Division, 1111
Washington St SE, PO Box 47041, Olympia, WA 98504-7041.
Form Date: 1/2007 4 Lease No.20-081594
4.3 Adjustment Based on Use. Annual Rent is based on Tenant's Permitted Use of the
Property, as described in Section 2 above. If Tenant's Permitted Use changes,the Annual Rent
shall be adjusted as appropriate for the changed use.
4.4 Rent Adjustment Procedures.
(a) Notice of Rent Adjustment. Notice of any adjustments to the Annual Rent that
are allowed by Paragraphs 4.5(b) shall be provided to Tenant in writing no later
than ninety(90) days after the anniversary date of the Lease.
(b) Procedures on Failure to make Timely Adjustment. In the event the State fails to
provide the notice required in Paragraph 4.4(a), it shall be prohibited from
collecting any adjustments to rent only for the year in which it failed to provide
notice. No failure by State to adjust Annual Rent pursuant to Paragraph 4.4(a)
shall affect the State's right to establish Annual Rent for a subsequent lease year
as if the missed or waived adjustment had been implemented. The State may
adjust, bill, and collect Annual Rent prospectively as if any missed or waived
adjustments had actually been implemented. This includes the implementation of
any inflation adjustment and any rent revaluations that would have been
authorized for previous lease years.
4.5 Rent Adjustments for Water-Dependent Uses.
(a) Inflation Adjustment. State shall adjust water-dependent rent annually pursuant
to RCW 79.105.200-.360, except in those years in which the rent is revalued
under Paragraph 4.5(b) below. This adjustment shall be effective on the
anniversary of the Commencement Date.
(b) Revaluation of Rent. At the end of the first four-year period of the Term, and at
the end of each subsequent four-year period, State shall revalue the
water-dependent Annual Rent in accordance with RCW 79.105.200-.360.
(c) Rent Cap. After the initial year's rent is determined under Subsection 4.1,rent
may increase by operation of Paragraph 4.5(a)or 4.5(b). If application of the
statutory rent formula for water-dependent uses would result in an increase in the
rent attributable to such uses of more than fifty percent(50%) in any one year,the
actual increase implemented in such year shall be limited to fifty percent(50%)of
the then-existing rent, in accordance with RCW 79.105.260. The balance of the
increase determined by the formula shall be deferred to subsequent years and
added to the next and subsequent years' rental increases until the full amount of
the increase is lawfully implemented.
SECTION 5 OTHER EXPENSES
5.1 Utilities. Tenant shall pay all fees charged for utilities in connection with the use and
occupancy of the Property, including but not limited to electricity,water, gas, and telephone
service.
Farm Date: 1/2007 5 Lease No.20-081594
5.2 Taxes and Assessments. Tenant shall pay all taxes (including leasehold excise taxes),
assessments, and other governmental charges, of any kind whatsoever, applicable or attributable
to the Property, Tenant's leasehold interest, the improvements, or Tenant's use and enjoyment of
the Property.
5.3 Right to Contest. Tenant may, in good faith, contest any tax or assessment at its sole
cost and expense. At the request of State, Tenant shall furnish reasonable protection in the form
of a bond or other security, satisfactory to State, against any loss or liability by reason of such
contest.
5.4 Proof of Payment. If required by State, Tenant shall furnish to State receipts or other
appropriate evidence establishing the payment of any amounts required to be paid under the
terms of this Lease.
5.5 Failure to Pay. If Tenant fails to pay any of the amounts due under this Lease, State
may pay the amount due, and recover its cost in accordance with the provisions of Section 6.
SECTION 6 LATE PAYMENTS AND OTHER CHARGES
6.1 Late Charge. If State does not receive any rental payment within ten (10)days of the
date due, Tenant shall pay to State a late charge equal to four percent(4%) of the amount of the
payment or Fifty Dollars ($50), whichever is greater, to defray the overhead expenses of State
incident to the delay. Failure to pay rent constitutes a default by the Tenant and State may seek
remedies under Section 14 as well as late charges and interest as provided in this section.
6.2 Interest Penalty for Past-Due Rent and Other Sums Owed.
(a) If State does not receive rent within thirty(30) days of the date due,then Tenant
shall pay interest on the amount outstanding at the rate of one percent (1%) per
month until paid, in addition to paying the late charges determined under
Subsection 6.1, above.
(b) If State pays or advances any amounts for or on behalf of Tenant, including but
not limited to leasehold taxes,taxes, assessments, insurance premiums, costs of
removal and disposal of unauthorized materials pursuant to Subsection 2.2 above,
costs of removal and disposal of improvements pursuant to Section 7 below, or
other amounts not paid when due, Tenant shall reimburse State for the amount
paid or advanced and shall pay interest on that amount at the rate of one percent
(I%)per month from the date State notifies Tenant of the payment or advance.
6.3 Referral to Collection Agency and Collection Agency Fees. If State does not receive
payment within thirty(3 0)days of the due date, State has discretion to refer the unpaid amount to
a collection agency as provided by RCW 19.16.500 or other applicable law. Upon referral,
Tenant shall pay collection agency fees in addition to the unpaid amount. Under RCW
19.16.500, a collection agency fee of up to fifty percent(50%) of the first One Hundred
Thousand Dollars ($100,000)of unpaid debt and up to thirty-five percent (35%) of unpaid debt
over One Hundred Thousand Dollars($100,000) is reasonable.
Form Date: 1/2007 6 Lease No.20-051594
6.4 No Accord and Satisfaction. If Tenant pays, or State otherwise receives, an amount less
than the full amount then due, State may apply such payment as it elects. In the absence of an
election, the payment or receipt shall be applied first to accrued taxes which State has advanced
or may be obligated to pay, then to other amounts advanced by State, then to late charges and
accrued interest, and then to the earliest rent due. State may accept any payment in any amount
without prejudice to State's right to recover the balance of the rent or pursue any other right or
remedy. No endorsement or statement on any check, any payment, or any letter accompanying
any check or payment shall constitute or be construed as accord and satisfaction.
6.5 No Counterclaim, Setoff, or Abatement of Rent. Except as expressly set forth
elsewhere in this Lease, rent and all other sums payable by Tenant pursuant to this Lease shall be
paid without the requirement that State provide prior notice or demand, and shall not be subject
to any counterclaim, setoff, deduction, defense or abatement.
SECTION 7 IMPROVEMENTS
7.1 Improvements Defined.
(a) Improvements. Consistent with RCW 79.105 through 79.145, Improvements are
additions within, upon, or attached to the land. This includes,but'is not limited
to, fill, structures, bulkheads, docks,pilings, and other fixtures.
(b) Personal Property. Personal property is defined as items that can be removed
from the Property without(1) injury to the Property or Improvements or(2)
diminishing the value or utility of the Property or Improvements.
(c) State-Owned Improvements. State-Owned Improvements are Improvements
made or owned by State. State-Owned Improvements includes any construction,
alteration, or addition to State-Owned Improvements made by Tenant.
(d) Tenant-Owned Improvements. Tenant-Owned. Improvements are Improvements
made by Tenant with State's consent or acquired by Tenant from former tenant in
accordance with RCW 79.125.300 or 79.130.040.
(e) Unauthorized Improvements. Unauthorized Improvements are Improvements
made on the Property without State's prior consent or Improvements made by
Tenant that are not in conformance with plans submitted to and approved by the
State.
7.2 Existing Improvements. On the Commencement Date, the following Improvements are
located on the Property: Three steel pilings, 60' x 8' dock, 9' x 10' landing attached for
gangway, 40' x 6' rotating gangway, 32' x 7' gangway. The Improvements are Tenant-Owned.
7.3 Construction, Alteration, Replacement, and Modification.
(a) Tenant shall not place, construct, remove, or demolish Improvements without
State's prior written consent. State may deny consent if State determines that
denial is in the best interests of the State. State's consent is not required for
routine maintenance or repair to Improvements made by the Tenant pursuant to its
obligation to maintain the Property in good order and repair. Routine
maintenance or repair does not include alteration, replacement, removal, or major
Form Date: 1/2007 7 Lease No.20-081594
repair of any Improvements on the Property. Subsection 7.4 shall govern removal
of Improvements at end of Lease.
(b) Prior to any placement, construction,alteration,replacement, removal, or major
repair of any Improvements (whether State-Owned or Tenant-Owned), Tenant
shall submit to State plans and specifications that describe the proposed activity.
If State does not notify Tenant of its grant or denial of consent within sixty (60)
days of submittal, State waives the requirement for State's written consent with
regards to Tenant's proposed plans or activity.
(c) Construction shall not commence until Tenant has obtained a performance and
payment bond in an amount equal to one hundred twenty-five percent(125%) of
the estimated cost of construction. The performance and payment bond shall be
maintained until the costs of construction, including all laborers and material
persons,have been paid in full.
(d) Upon completion of construction, Tenant shall promptly provide State with as-
built plans and specifications.
(e) State shall not charge rent for authorized Improvements installed by Tenant
during this Lease, but State may charge rent for such Improvements when and if
the Tenant or successor obtains a subsequent use authorization for the Property
and State has waived the requirement for Improvements to be removed as
provided in Subsection 7.4.
7.4 Disposition and Removal of Tenant-Owned Improvements at End of Lease.
(a) Disposition
(1) Tenant shall remove Tenant-Owned Improvements upon the expiration,
termination, or cancellation of the Lease unless State waives the
requirement for removal.
(2) Tenant-Owned Improvements remaining on the Property on the
expiration, termination or cancellation date shall become State-Owned
Improvements without payment by State, unless State elects otherwise.
State may refuse or waive ownership. If RCW 79.125.300 or 79.130.040
apply at the time this Lease expires, Tenant may be entitled to payment by
the new tenant for Tenant-Owned Improvements.
(3) If Tenant-Owned Improvements remain on the Property after the
expiration, termination, or cancellation date without State's actual or
deemed consent, Tenant-Owned Improvements, State may remove all
Improvements and Tenant shall pay the costs of removal and disposal.
(b) Conditions Under Which State May Waive Removal of Tenant-Owned
Improvements.
(1) State has option to waive removal of any or all Tenant-Owned
Improvements whenever State determines that it is in the best interests of
the State and regardless of whether Tenant re-leases the Property.
(2) If Tenant re-leases the Property, State may waive requirement remove
Tenant-Owned Improvements. State also may consent to Tenant's
continued ownership of Tenant-Owned Improvements.
Form Date: 1/2007 8 Lease No.20-081594
(3) If Tenant does not re-lease the Property, State has option to waive
requirement to remove Tenant-Owned Improvements upon consideration
of a timely request from Tenant, as follows:
(i) Tenant must notify State at least one(1)year before the
Termination Date of its request to leave Tenant-Owned
Improvements.
(ii) State, within ninety(90) days, shall notify Tenant whether State
consents to any or all Tenant-Owned Improvements remaining.
State has no obligation to grant consent.
(iii) State's failure to respond to Tenant's request to leave
Improvements within ninety(90) days shall be deemed a denial of
the request.
(c) Removal.
(1) Tenant shall not remove or demolish Tenant-Owned Improvements
without State's prior written consent.
(2) At least ninety(90) days prior to planned removal and/or demolition,
Tenant shall submit to State plans and specifications that describe the
proposed activity. If regulatory permits are required for removal and/or
demolition of Improvements, Tenant shall submit plans and specifications
at least sixty(60)days before submitting permit applications to the
regulatory agencies unless Tenant and State otherwise agree to coordinate
permit applications.
(3) Within sixty (60) days of receiving Tenant's plans and specifications,
State shall notify Tenant that States grants consent for removal and/or
demolition as proposed. State may impose additional conditions
reasonably intended to protect and preserve the Property. State also may
waive removal of any or all Improvements.
(4) State's failure to respond to Tenant's submittal within sixty(60) days shall
be a waiver of the requirement for State's consent and Tenant may
commence with the proposed activity.
(d) Tenant's Obligations if State Waives Removal.
(1) Tenant shall not remove Improvements if State waives the requirement for
removal of any or all Tenant-Owned Improvements.
(2) Tenant shall maintain such Improvements in accordance with this Lease
until the expiration, termination, or cancellation date. Tenant shall be
liable to State for cost of repair if Tenant causes or allows damage to
Improvements State has designated to remain.
7.5 Disposition of Unauthorized Improvements.
(a) Unauthorized Improvements shall be the property of State, unless State elects
otherwise.
(b) State, at its option, may either:
(1) Consent to Tenant ownership of the Improvements, or
(2) Charge rent for use of the Improvements from the time of installation or
construction and
Form Date: 1/2007 9 Lease No.20-081594
(i) Require Tenant to remove the Improvements, in which case Tenant
shall pay rent for the Improvements until removal,
(ii) Consent to Improvements remaining and Tenant shall pay rent for
the use of the Improvements, or
(iii) Remove Improvements and Tenant shall pay for the cost of
removal and disposal, in which case Tenant shall pay rent for use
of the Improvements until removal and disposal.
7.6 Disposition of Personal Property.
(a) Tenant retains ownership of Personal Property unless Tenant and State agree
otherwise in writing.
(b) Tenant shall remove Personal Property from the Property by the Termination
Date. Tenant shall be liable for any and all damage to the Property and any
Improvements that may result from removal of Personal Property.
(c) State, at its option, may sell or dispose of all Personal Property left on the
Property after the Termination Date.
(1) If State conducts a sale of Personal Property, State shall apply proceeds
first to the State's administrative costs in conducting the sale, second to
payment of amount that then may be due from the Tenant to the State, and
State shall pay the remainder, if any,to the Tenant.
(2) If State disposes of Personal Property, Tenant shall pay for the cost of
removal and disposal.
SECTION 8 ENVIRONMENTAL LIABILITY/RISK ALLOCATION
8.1 Definitions.
(a) "Hazardous Substance"means any substance that now or in the future becomes
regulated or defined under any federal, state, or local statute, ordinance, rule,
regulation, or other law relating to human health, environmental protection,
contamination, pollution, or cleanup, including, but not limited to,the Resource
Conservation and Recovery Act("RCRA"), 42 U.S.C. 6901 et. seq., as amended;
Comprehensive Environmental Response, Compensation and Liability Act of
1980 ("CERCLA"), 42 U.S.C. 9601 et seq., as amended; Washington's Model
Toxics Control Act ("MTCA"), Chapter 70.105 RCW, as amended; and
Washington's Sediment Management Standards, WAC Chapter 173-204.
(b) "Release or threatened release of Hazardous Substance"means a release or
threatened release as defined under any law described in Paragraph 8.1(a) or any
similar event defined under any such law.
(c) "Utmost care"means such a degree of care as would be exercised by a very
careful, prudent, and competent person under the same or similar circumstances;
the standard of care established under MTCA, RCW 70.105D.040.
8.2 General Conditions.
(a) Tenant's obligations under this Section 8 extend to the area in, on, under, or
above:
Form Date: 1/2007 10 Lease No.20-081594
(1) The Property and
(2) Adjacent state-owned aquatic lands where a release or the presence of
Hazardous Substances arises from Tenant's use of the Property.
(b) Standard of Care.
(1) Tenant shall exercise the utmost care with respect to Hazardous
Substances.
(2) Tenant shall exercise utmost care for the foreseeable acts or omissions of
third parties affecting Hazardous Substances, and the foreseeable
consequences of those acts or omissions, to the extent required to establish
a viable, third-party defense under the law, including—but not limited to—
RC W 70.105D.040.
8.3 Current Conditions and Duty to Investigate.
(a) State makes no representation about the condition of the Property. Hazardous
Substances may exist in, on,under, or above the Property.
(b) This Lease does not impose a duty on State to conduct investigations or supply
information to Tenant about Hazardous Substances.
(c) Tenant is responsible for conducting all appropriate inquiry and gathering
sufficient information concerning the Property and the existence, scope, and
location of any Hazardous Substances on the Property, or adjacent to the Property,
that allows Tenant to meet Tenant's obligations under this Lease.
8.4 Use of Hazardous Substances.
(a) Tenant, its subtenants,contractors, agents, employees, guests, invitees, or
affiliates shall not use, store, generate,process, transport,handle, release, or
dispose of Hazardous Substances, except in accordance with all applicable laws.
(b) Tenant shall not undertake, or allow others to undertake by Tenant's permission,
acquiescence, or failure to act, activities that:
(1) Result in a release or threatened release of Hazardous Substances, or
(2) Cause, contribute to, or exacerbate any contamination exceeding
regulatory cleanup standards whether the regulatory authority requires
cleanup before,during, or after Tenant's occupancy of the Property.
8.5 Management of Contamination.
(a) Tenant shall not undertake activities that:
(1) Damage or interfere with the operation of remedial or restoration
activities;
(2) Result in human or environmental exposure to contaminated sediments;
(3) Result in the mechanical or chemical disturbance of on-site habitat
mitigation.
(b) If requested, Tenant shall allow reasonable access to:
(1) Employees and authorized agents of the Environmental Protection
Agency, the Washington State Department of Ecology, health department,
or other similar environmental agencies; and
Form Date: 1/2007 ]] Lease No.20-081594
(2) Potentially liable or responsible parties who are the subject of an order or
consent decree that requires access to the Property. Tenant may negotiate
an access agreement with such parties, but Tenant may not unreasonably
withhold such agreement.
8.6 Notification and Reporting.
(a) Tenant shall immediately notify State if Tenant becomes aware of any of the
following:
(1) A release or threatened release of Hazardous Substances;
(2) Any new discovery of or new information about a problem or liability
related to, or derived from, the presence of any Hazardous Substance;
(3) Any lien or action arising from the foregoing;
(4) Any actual or alleged violation of any federal, state, or local statute,
ordinance, rule,regulation, or other law pertaining to Hazardous
Substances;
(5) Any notification from the US Environmental Protection Agency(EPA) or
the Washington State Department of Ecology(DOE)that remediation or
removal of Hazardous Substances is or may be required at the Property.
(b) Tenant's duty to report under Paragraph 8.6(a) extends to the Property, adjacent
state-owned aquatic lands where a release or the presence of Hazardous
Substances could arise from the Tenant's use of the Property, and any other
property used by Tenant in conjunction with Tenant's use of the Property where a
release or the presence of Hazardous Substances on the other property would
affect the Property.
(c) Tenant shall provide State with copies of all documents concerning environmental
issues associated with the Property, and submitted by Tenant to any federal, state
or local authorities. Documents subject to this requirement include, but are not
limited to, applications, reports, studies, or audits for National Pollution
Discharge and Elimination System Permits; Army Corps of Engineers permits;
State Hydraulic Project Approvals (HPA); State Water Quality certification;
Substantial Development permit; and any reporting necessary for the existence,
location, and storage of Hazardous Substances on the Property.
8.7 Indemnification.
(a) "Liabilities" as used in this Subsection 8.7 means any claims, demands,
proceedings, lawsuits, damages, costs, expenses, fees (including attorneys' fees
and disbursements),penalties,or judgments.
(b) Tenant shall fully indemnify, defend, and hold State harmless from and against
any liabilities that arise out of,or are related to:
(1) The use, storage, generation, processing, transportation, handling, or
disposal of any Hazardous Substance by Tenant, its subtenants,
contractors, agents, invitees, guests, employees, affiliates, licensees, or
permittees regardless of whether the act occurs before,during, or after the
Term of this Lease;
Form Date: 1/2007 12 Lease No.20-081594
(2) The release or threatened release of any Hazardous Substance, or the
exacerbation of any Hazardous Substance contamination resulting from
any act or omission of Tenant, its subtenants, contractors, agents,
employees, guests, invitees, or affiliates regardless of whether the release,
threatened release, or exacerbation occurs before, during, or after the Term
of this Lease.
(c) Tenant shall fully indemnify, defend, and hold State harmless for any and all
liabilities that arise out of or are in any way related to Tenant's breach of
obligations under Subsection 8.5.
(d) Third Parties.
(1) Tenant has no duty to indemnify State for acts or omissions of third parties
unless Tenant fails to exercise utmost care with respect to the foreseeable
acts or omissions of the third party and the foreseeable consequences of
those acts or omissions to the extent required to establish a viable third-
party defense under the law, including—but not limited to--RCW
70.105D.040. Tenant's third-party indemnification duty arises under the
conditions described in Subparagraph 8.7(d)(2).
(2) If an administrative or legal proceeding arising from a release or
threatened release of Hazardous Substances finds or holds that Tenant
failed to exercise care as described in Subparagraph 8.7(d)(1), Tenant shall
fully indemnify, defend, and hold State harmless from and against any
liabilities arising from the acts or omissions of third parties in relation to
the release or threatened release of Hazardous Substances. This shall
include any liabilities arising before the finding or holding in the
proceeding.
8.8 Reservation of Rights.
(a) For any environmental liabilities not covered by the indemnification provisions of
Subsection 8.7,the parties expressly reserve and do not waive or relinquish any
rights, claims, immunities, causes of action, or defenses relating to the presence,
release, or threatened release of Hazardous Substances that either party may have
against the other under federal, state,or local laws, including, but not limited to,
CERCLA, MTCA, and the common law.
(b) This Lease affects no right, claim, immunity, or defense either party may have
against third parties, and the parties expressly reserve all such rights, claims,
immunities, and defenses.
(c) The provisions under this Section 8 do not benefit, or create rights for,third
parties.
(d) The allocations of risks, liabilities, and responsibilities set forth above do not
release either party from, or affect the liability of either party for, claims or
actions by federal, state, or local regulatory agencies concerning Hazardous
Substances.
Form Date: 1/2007 13 Lease No.20-081594
8.9 Cleanup.
(a) If Tenant's act, omission, or breach of obligation under Subsection 8.4 results in a
release of Hazardous Substances, Tenant shall, at Tenant's sole expense, promptly
take all actions necessary or advisable to clean up the Hazardous Substances in
accordance with applicable law. Cleanup actions shall include,without
limitation, removal, containment, and remedial actions.
(b) Tenant's obligation to undertake a cleanup under Section 8 shall be limited to
those instances where the Hazardous Substances exist in amounts that exceed the
threshold limits of any applicable regulatory cleanup standards.
(c) At the State's discretion, Tenant may undertake a cleanup of the Property
pursuant to the Washington State Department of Ecology's Voluntary Cleanup
Program, provided that Tenant cooperates with State(DNR) in development of
cleanup plans. Tenant shall not proceed with Voluntary Cleanup without State
(DNR) approval of final plans. Nothing in the operation of this provision shall be
construed as an agreement by State (DNR) that the Voluntary Cleanup complies
with any laws or with the provisions of this Lease. Tenant's completion of a
Voluntary Cleanup shall not be a release from or waiver of any obligation for
Hazardous Substances under this Lease.
8.10 Sampling by State, Reimbursement, and Split Samples.
(a) State may conduct sampling, tests, audits, surveys,or investigations ("Tests") of
the Property at any time to determine the existence, scope, or effects of Hazardous
Substances.
(b) If such Tests, along with any other information, demonstrate the existence,
release, or threatened release of Hazardous Substances arising out of any action,
inaction, or event described or referred to in Subsection 8.4, above,Tenant shall
promptly reimburse State for all costs associated with such Tests.
(c) State shall not seek reimbursement for any Tests under this Subsection 8.10
unless State provides Tenant written notice of its intent to conduct any Tests at
least thirty (30) calendar days prior to undertaking such Tests, except when such
Tests are in response to an emergency. Tenant shall reimburse State for Tests
performed in response to an emergency if State has provided such notice as is
reasonably practical.
(d) Tenant shall be entitled to obtain split samples of any Test samples obtained by
State, but only if Tenant provides State with written notice requesting such
samples within twenty(20) calendar days of the date Tenant is deemed to have
received notice of State's intent to conduct any non-emergency Tests. Tenant
solely shall bear the additional cost, if any, of split samples. Tenant shall
reimburse State for any additional costs caused by split sampling within thirty
(30) calendar days after State sends Tenant a bill with documentation for such
costs.
(e) Within sixty (60) calendar days of a written request (unless otherwise required
pursuant to Paragraph 8.6(c), above), either party to this Lease shall provide the
other party with validated final data, quality assurance/quality control
information, and chain of custody information, associated with any Tests of the
Form Date: 1/2007 14 Lease No.20-081594
Property performed by or on behalf of State or Tenant. There is no obligation to
provide any analytical summaries or expert opinion work product.
SECTION 9 ASSIGNMENT AND SUBLETTING
9A State Consent Required. Tenant shall not sell, convey, mortgage, assign, pledge, sublet,
or otherwise transfer or encumber all or any part of Tenant's interest in this Lease or the Property
without State's prior written consent,which shall not be unreasonably conditioned or withheld.
(a) In determining whether to consent, State may consider, among other items, the
proposed transferee's financial condition, business reputation and experience,the
nature of the proposed transferee's business, the then-current value of the
Property, and such other factors as may reasonably bear upon the suitability of the
transferee as a tenant of the Property. State may refuse its consent to any sale,
conveyance, mortgage,assignment, pledge, sublet, or other transfer or
encumbrance if said transfer will result in a subdivision of the Leasehold. Tenant
shall submit information regarding any proposed transferee to State at least thirty
(30) days prior to the date of the proposed transfer.
(b) State reserves the right to condition its consent upon:
(1) changes in the terms and conditions of this Lease, including, but not
limited to, the Annual Rent; and/or
(2) the agreement of Tenant or transferee to conduct Tests for Hazardous
Substances on the Property or on other property owned or occupied by
Tenant or the transferee.
(c) Each permitted transferee shall assume all obligations under this Lease, including
the payment of rent. No assignment, sublet, or transfer shall release, discharge, or
otherwise affect the liability of Tenant.
(d) State's consent under this Subsection 9.1 does not constitute a waiver of any
claims against Tenant for the violation of any term of this Lease.
9.2 Rent Payments Following Assignment. The acceptance by State of the payment of rent
following an assignment or other transfer shall not constitute consent to any assignment or
transfer.
9.3 Terms of Subleases.
(a) Tenant shall submit the terms of all subleases to State for approval.
(b) All subleases shall meet the following requirements:
(1) The sublease shall be consistent with and subject to all the terms and
conditions of this Lease;
(2) The sublease shall confirm that this Lease shall control if the terms of the
sublease conflict with the terms of this Lease;
(3) The term of the sublease (including any period of time covered by a
renewal option)shall end before the Termination Date of the initial Term
or any renewal term;
Form Date; 1/2007 15 Lease No.20-081594
(4) The sublease shall terminate if this Lease terminates, whether upon
expiration of the Term, failure to exercise an option to renew, cancellation
by State, surrender, or for any other reason;
(5) The subtenant shall receive and acknowledge receipt of a copy of this
Lease;
(6) The sublease shall prohibit the prepayment to Tenant by the subtenant of
more than the annual rent;
(7) The sublease shall identify the rental amount to be paid to Tenant by the
subtenant;
(8) The sublease shall confirm that there is no privity of contract between the
subtenant and State;
(9) The sublease shall require removal of the subtenant's Improvements and
trade fixtures upon termination of the sublease;
(10) The subtenant's permitted use shall be within the Permitted Use
authorized by this Lease; and
(11) The sublease shall require the subtenant to meet all obligations of Tenant
under Section 10, Indemnification, Financial Security Insurance.
9.4 Short-Term Subleases of Moorage Slips. Short-term subleasing of moorage slips for a
term of less than one year does not require State's written consent or approval pursuant to
Subsections 9.1 or 9.3. Tenant shall conform moorage sublease agreements to the sublease
requirements in Subsection 9.3.
SECTION 10 INDEMNITY, FINANCIAL SECURITY,INSURANCE
10.1 Indemnity.
(a) Tenant shall indemnify, defend, and hold State, its employees, officers, and agents
harmless from any and all claims arising out of the use, occupation, or control of
the Property by Tenant, its subtenants, contractors, agents, invitees, guests,
employees, affiliates, licensees, or permittees.
(b) "Claim" as used in this Subsection 10.1 means any financial loss, claim, suit,
action, damages, expenses, fees (including attorneys' fees), penalties, or
judgments attributable to bodily injury, sickness, disease, death, and damages to
tangible property, including, but not limited to, land, aquatic life, and other
natural resources. "Damages to tangible property" includes, but is not limited to,
physical injury to the Property and damages resulting from loss of use of the
Property.
(c) State shall not require Tenant to indemnify, defend, and hold State harmless for
claims that arise solely out of the willful or negligent act of State or State's
elected officials, employees, or agents.
(d) Tenant waives its immunity under Title 51 RCW to the extent it is required to
indemnify, defend, and hold State and its agencies, officials, agents,or employees
harmless.
Form Date: 1/2007 16 Lease No.20-081594
(e) Section 8, Environmental Liability/Risk Allocation, exclusively shall govern
Tenant's liability to State for Hazardous Substances and its obligation to
indemnify, defend, and hold State harmless for Hazardous Substances.
10.2 Insurance Terms.
(a) Insurance Required.
(1) Alternative for Self-Insured. Tenant certifies that it is self-insured for all
the liability exposures, its self-insurance plan satisfies all State
requirements, and its self-insurance plan provides coverage equal to that
required in this Subsection 10.2 and by Subsection 10.3, Insurance Types
and Limits. Tenant shall provide to State evidence of its status as a self-
insured entity. Upon request by State, Tenant shall provide a written
description of its financial condition and/or the self-insured funding
mechanism. In any case, Tenant shall provide State with at least thirty
(30) days' written notice prior to any material changes to Tenant's self-
insured funding mechanism.
(2) All insurance should be issued by an insurance company or companies
admitted to do business in the State of Washington and have a rating of A-
or better by the most recently published edition of Best's Reports. State's
risk manager shall review and approve any exception before acceptance by
State. If an insurer is not admitted, the insurance policies and procedures
for issuing the insurance policies shall comply with Chapter 48.15 RCW
and 284-15 WAC.
(3) The State of Washington, the Department of Natural Resources, its elected
and appointed officials, agents, and employees shall be named as an
additional insured on all general liability, excess, umbrella,property,
builder's risk, and pollution legal liability insurance policies,
(4) All insurance provided in compliance with this Lease shall be primary as
to any other insurance or self-insurance programs afforded to or
maintained by State.
(b) Waiver.
(1) Tenant waives all rights against State for recovery of damages to the
extent insurance maintained pursuant to this Lease covers these damages.
(2) Except as prohibited by law,Tenant waives all rights of subrogation
against State for recovery of damages to the extent that they are covered
by insurance maintained pursuant to this lease.
(c) Proof of Insurance.
(1) Tenant shall provide State with a certificate(s)of insurance executed by a
duly authorized representative of each insurer, showing compliance with
insurance requirements specified in this Lease and, if requested, copies of
policies to State.
(2) The certificate(s) of insurance shall reference additional insureds and the
Lease number.
Farm Date: 1/2007 17 Lease No.20-081594
(3) Receipt of such certificates or policies by State does not constitute
approval by State of the terms of such policies.
(d) State shall be provided written notice before cancellation or non-renewal of any
insurance required by this Lease, in accordance with the following:
(1) Insurers subject to RCW 48.18 (admitted and regulated by the Insurance
Commissioner): If cancellation is due to non-payment of premium, State
shall be given ten(10) days' advance notice of cancellation;otherwise,
State shall be provided forty-five (45)days' advance notice of cancellation
or non-renewal.
(2) Insurers subject to RCW 48.15 (surplus lines): If cancellation is due to
non-payment of premium, State shall be given ten (10) days' advance
notice of cancellation; otherwise, State shall be provided forty-five (45)
days' advance notice of cancellation or non-renewal.
(e) Adjustments in Insurance Coverage.
(1) State may impose changes in the limits of liability for all types of
insurance as it deems necessary.
(2) New or modified insurance coverage shall be in place within thirty(30)
days after State requires changes in the limits of liability.
(f) If Tenant fails to procure and maintain the insurance described above within
fifteen (15) days after Tenant receives a notice to comply from State, at its option,
State shall either:
(1) Deem the failure an Event of Default under Section 14, or
(2) State shall have the right to procure and maintain comparable substitute
insurance and to pay the premiums. Upon demand, Tenant shall pay to
State the full amount paid by State, together with interest at the rate
provided in Subsection 6.2 from the date of State's notice of the
expenditure until Tenant's repayment.
(g) General Terms.
(1) State does not represent that coverage and limits required under this Lease
will be adequate to protect Tenant.
(2) Coverage and limits shall not limit Tenant's liability for indemnification
and reimbursements granted to State under this Lease.
(3) Any insurance proceeds payable by reason of damage or destruction to
property shall be first used to restore the real property covered by this
Lease, then to pay the cost of the reconstruction, then to pay the State any
sums in arrears,and then to Tenant.
10.3 Insurance Types and Limits.
(a) General Liability Insurance.
(1) Tenant shall maintain commercial general liability insurance(CGL) or
marine general liability(MGL)covering claims for bodily injury,personal
injury, or property damage arising on the Property and/or arising out of
Tenant's use, occupation, or control of the Property and, if necessary,
commercial umbrella insurance with a limit of not less than One Million
Dollars ($1,000,000)per each occurrence. If such CGL or MGL insurance
Form Date: 112007 18 Lease No.20-081594
contains aggregate limits,the general aggregate limit shall be at least twice
the "each occurrence" limit. CGL or MGL insurance shall have products-
completed operations aggregate limit of at least two times the"each
occurrence"limit.
(2) CGL insurance shall be written on Insurance Services Office(ISO)
Occurrence Form CG 00 01 (or a substitute form providing equivalent
coverage). All insurance shall cover liability arising out of premises,
operations, independent contractors, products completed operations,
personal injury and advertising injury, and liability assumed under an
insured contract(including the tort liability of another party assumed in a
business contract) and contain separation of insured (cross-liability)
condition.
(3) MGL insurance shall have no exclusions for non-owned watercraft.
(b) Workers' Compensation.
(1) State of Washington Workers' Compensation.
(i) Tenant shall comply with all State of Washington workers'
compensation statutes and regulations. Workers' compensation
coverage shall be provided for all employees of Tenant. Coverage
shall include bodily injury (including death) by accident or disease,
which arises out of or in connection with Tenant's use, occupation,
and control of the Property.
(ii) If Tenant fails to comply with all State of Washington workers'
compensation statutes and regulations and State incurs fines or is
required by law to provide benefits to or obtain coverage for such
employees, Tenant shall indemnify State. Indemnity shall include
all fines; payment of benefits to Tenant, employees, or their heirs
or legal representatives; and the cost of effecting coverage on
behalf of such employees.
(2) Longshore and Harbor Worker's Act. Certain work or services under this
Lease may require insurance coverage for longshore and harbor workers
other than seaman as provided in the Longshore and Harbor Worker's
Compensation Act(33 U.S.C. Section 901 et. seg.). Failure to obtain
coverage in the amount required by law may result in civil and criminal
liabilities. Tenant is fully responsible for ascertaining if such insurance is
required and shall maintain insurance in compliance with this Act. Tenant
is responsible for all civil and criminal liability arising from failure to
maintain such coverage.
(3) Jones Act. Certain work or services under this Lease may require
insurance coverage for seamen injured during employment resulting from
negligence of the owner, master, or fellow crew members as provided. in
46 U.S.C. Section 688. Failure to obtain coverage in the amount required
by law may result in civil and criminal liabilities. Tenant is fully
responsible for ascertaining if such insurance is required and shall
maintain insurance in compliance with this Act. Tenant is responsible for
Form Date: 1/2007 19 Lease No.20-081594
all civil and criminal liability arising from failure to maintain such
coverage.
(c) Employer's Liability Insurance. Tenant shall procure employer's liability
insurance, and, if necessary, commercial umbrella liability insurance with limits
not less than One Million Dollars ($1,000,000) each accident for bodily injury by
accident or One Million Dollars ($1,000,000) each employee for bodily injury by
disease.
10.4 Financial Security,
(a) At its own expense, Tenant shall procure and maintain during the Term of this
Lease a corporate security bond or provide other financial security that State, at its
option, may approve ("Security"). The Security shall be in an amount equal to
Zero Dollars ($0.00), which is consistent with RCW 79.105.330, and shall secure
Tenant's performance of its obligations under this Lease, with the exception of
the obligations under Section 8, Environmental Liability/Risk Allocation.
Tenant's failure to maintain the Security in the required amount in force at all
times during the Term of this Lease shall constitute a breach of this Lease.
(b) All Security shall be in a form acceptable to the State.
(1) Bonds should be issued by companies admitted to do business within the
State of Washington and have a rating of A-, Class VII or better, in the
most recently published edition of Best's Reports. State's risk manager
shall review and approve any exception before acceptance by State.
(2) Letters of credit, if approved by State, shall be irrevocable, allow State to
draw funds at will, provide for automatic renewal, and comply with
RCW 62A.5-101, et. seq.
(3) Savings account assignments, if approved by State, shall allow State to
draw funds at will.
(c) Adjustment in Amount of Security.
(1) State may require an adjustment in the amount of Security:
(i) At the same time as revaluation of the Annual Rent,
(ii) As a condition of approval of assignment or sublease of this Lease,
(iii) Upon a material change in the condition or disposition of any
Improvements, or
(iv) Upon a change in the Permitted Use.
(2) Tenant shall deliver a new or modified form of Security to State within
thirty(30) days after State has required adjustment of the amount of the
Security.
(d) Upon any default by Tenant in its obligations under this Lease, State may collect
on the Security to offset the liability of Tenant to State. Collection on the
Security shall not relieve Tenant of liability, shall not limit any of State's other
remedies, and shall not reinstate or cure the default or prevent termination of the
Lease because of the default.
Form Date: 1/2007 20 Lease No.20-081594
SECTION 11 MAINTENANCE AND REPAIR
11.1 State's Repairs. This Lease does not obligate State to make any alterations,
maintenance, replacements, or repairs in, on, or about the Property, or any part thereof, during
the Term.
11.2 Tenant's Repairs, Alteration,Maintenance and Replacement.
(a) Tenant shall, at its sole cost and expense, keep and maintain the Property and all
Improvements (regardless of ownership) in good order and repair, in a clean,
attractive, and safe condition. Tenant's obligations under this Subsection 11.2
shall be in addition to Tenant's obligations under Subsections 2.2 and 3.3 of this
Lease.
(b) Tenant shall, at its sole cost and expense, make any and all additions, repairs,
alterations, maintenance, replacements, or changes to the Property or to any
Improvements on the Property which may be required by any public authority.
(c) Tenant shall make all additions, repairs, alterations, replacements, or changes to
the Property and to any Improvements on the Property in accordance with Section
7, Improvements, above. Section 7 shall govern ownership.
SECTION 12 DAMAGE OR DESTRUCTION
12.1 Notice and Repair.
(a) In the event of any damage to or destruction of the Property or any Improvements,
Tenant shall promptly give written notice to State. Unless otherwise agreed in
writing, Tenant shall promptly reconstruct, repair, or replace the Property and any
Improvements as nearly as possible to its condition immediately prior to the
damage or destruction.
(b) State shall not be deemed to have actual knowledge of the damage or destruction
of the Property or any Improvements without Tenant's written notice.
12.2 State's Waiver of Claim. State does not waive any claims for damage or destruction of
the Property unless State provides written notice to Tenant of each claim waived. No claim is
waived unless State waives with specificity.
12.3 Insurance Proceeds. Tenant's duty to reconstruct, repair, or replace any damage or
destruction of the Property or any Improvements on the Property shall not be conditioned upon
the availability of any insurance proceeds to Tenant from which the cost of repairs may be paid.
The parties shall use insurance proceeds in accordance with Subparagraph 10.2(g)(3).
12.4 Rent in the Event of Damage or Destruction. Unless this Lease is terminated by
mutual agreement, there shall be no abatement or reduction in rent during such reconstruction,
repair, and replacement.
12.5 Default at the Time of Damage or Destruction. In the event Tenant is in default under
the terms of this Lease at the time damage or destruction occurs, State may elect to terminate the
Form Date: 1/2007 21 Lease No.20-081594
Lease and State shall then have the right to retain any and all insurance proceeds payable as a
result of the damage or destruction.
SECTION 13 CONDEMNATION
13.1 Definitions.
(a) Taking. The term "taking," as used in this Lease, means that an entity authorized
by law exercises the power of eminent domain, either by judgment or settlement
in lieu of judgment, over all or any portion of the Property and any Improvements.
Taking includes any exercise of eminent domain on any portion of the Property
and Improvements that, in the judgment of the State,prevents or renders
impractical the Permitted Use. A total taking occurs when the entire Property is
taken. A partial taking occurs when the taking does not constitute a total taking as
defined above.
(b) Voluntary Conveyance. The terms "total taking" and "partial taking" shall
include a voluntary conveyance, in lieu of formal court proceedings, to any
agency, authority, public utility, person, or corporate entity empowered to
condemn property.
(c) Date of Taking. The term"date of taking" shall mean the date upon which title to
the Property or a portion of the Property passes to and vests in the condemner or
the effective date of any order for possession if issued prior to the date title vests
in the condemner.
13.2 Effect of Taking. If during the Term there shall be a total taking,the leasehold estate of
Tenant in the Property shall terminate as of the date of taking. If this Lease is terminated, in
whole or in part, all rentals and other charges payable by Tenant to State and attributable to the
Property taken shall be paid by Tenant up to the date of taking. If Tenant has pre-paid rent,
Tenant will be entitled to a refund of the pro rata share of the pre-paid rent attributable to the
period after the date of taking. In the event of a partial taking, there shall be a partial abatement
of rent from the date of taking in a percentage equal to the percentage of Property taken.
13.3 Allocation of Award.
(a) In the event of any condemnation, the award shall be allocated between State and
Tenant based upon the ratio of the fair market value of(1) Tenant's leasehold
estate and Tenant-Owned Improvements on the Property and (2) State's interest in
the Property; the reversionary interest in Tenant-Owned Improvements, if any;
and State-Owned Improvements.
(b) In the event of a partial taking, this ratio will be computed on the basis of the
portion of Property or Improvements taken.
(c) If Tenant and State are unable to agree on the allocation, it shall be submitted to
binding arbitration in accordance with the rules of the American Arbitration
Association.
Form Date: 1/2007 22 Lease No.20-081594
SECTION 14 DEFAULT AND REMEDIES
14.1 Default Defined. Tenant shall be in default of this Lease on the occurrence of any of the
following:
(a) Failure to pay Annual Rent or other expenses when due;
(b) Failure to comply with any law, regulation, policy, or order of any lawful
governmental authority;
(c) Failure to comply with any other provision of this Lease;
(d) Proceedings are commenced by or against Tenant under any bankruptcy act or for
the appointment of a trustee or receiver of Tenant's property.
14.2 Tenant's Right to Cure.
(a) A default shall become an event of default ("Event of Default") if Tenant fails to
cure the default within the applicable cure period after State provides Tenant with
written notice of default,which specifies the nature of the default.
(b) The cure period shall be sixty(60) days;
(c) State may elect to deem a default by Tenant as an Event of Default if the default
occurs within six (6) months after a default by Tenant for which State has
provided notice and opportunity to cure. This Paragraph 14.2 is effective
regardless of whether the first and subsequent defaults are of the same nature.
14.3 Remedies.
(a) Upon an Event of Default, State may terminate this Lease and remove Tenant by
summary proceedings or otherwise.
(b) Without terminating this Lease, State may also relet the Property on any terms
and conditions as State in its sole discretion may decide are appropriate.
(1) If State elects to relet, rent received by it shall be applied: (1)to the
payment of any indebtedness other than rent due from Tenant to State; (2)
to the payment of any cost of such reletting; (3)to the payment of the cost
of any alterations and repairs to the Property; and (4)to the payment of
rent and leasehold excise tax due and unpaid under this Lease. State shall
hold and apply any balance to Tenant's future rent as it becomes due.
(2) Tenant shall be responsible for any deficiency created by the reletting
during any month and shall pay the deficiency monthly.
(3) At any time after reletting, State may elect to terminate this Lease for the
previous Event of Default.
(c) State's reentry or repossession of the Property under Paragraph 14.3(b) shall not
be construed as an election to terminate this Lease or cause a forfeiture of rents or
other charges to be paid during the balance of the Term, unless State gives a
written notice of termination to Tenant or termination is decreed by legal
proceedings.
Form Date: 1/2007 23 Lease No.20-081594
SECTION 15 ENTRY BY STATE
State shall have the right to enter the Property at any reasonable hour to inspect for compliance
with the terms of this Lease. State's failure to inspect the Property shall not constitute a waiver
of any rights or remedies under this Lease.
SECTION 16 DISCLAIMER OF QUIET ENJOYMENT
16.1 No Guaranty or Warranty.
(a) State believes that this Lease is consistent with the Public Trust Doctrine and that
none of the third-party interests identified in Paragraph 1.1(b) will materially or
adversely affect Tenant's right of possession and use of the Property, but State
makes no guaranty or warranty to that effect.
(b) State disclaims and Tenant releases State from any claim for breach of any
implied covenant of quiet enjoyment. This disclaimer and release includes,but is
not limited to, interference arising from exercise of rights under the Public Trust
Doctrine; Treaty rights held by Indian Tribes; and the general power and authority
of State and the United States with respect to aquatic lands and navigable waters.
(c) Tenant shall be responsible for determining the extent of its right to possession
and for defending its leasehold interest.
16.2 In the Event of Eviction by Third Party. In the event Tenant is evicted from the
Property by reason of successful assertion of any of the rights of any third party,this Lease shall
terminate as of the date of the eviction. In the event of a partial eviction, Tenant's rent
obligations shall abate as of the date of the partial eviction, in direct proportion to the extent of
the eviction, but in all other respects,this Lease shall remain in full force and effect.
SECTION 17 NOTICE
Any notices required or permitted under this Lease may be personally delivered, delivered by
facsimile machine, or mailed by certified mail, return receipt requested, to the following
addresses or to such other places as the parties may direct in writing from time to time:
State:
DEPARTMENT OF NATURAL RESOURCES
Aquatic Region/Rivers District
PO Box 280
Castle Rock, WA 98611
Tenant:
CITY OF PASCO
PO Box 293
Pasco, WA 99301
Form Date: 112007 24 Lease No.20-081594
A notice shall be deemed given and delivered upon personal delivery, upon receipt of a
confirmation report if delivered by facsimile machine,or three (3) days after being mailed as set
forth above, whichever is applicable. All notices must identify the lease number to which the
notice pertains. Notices transmitted by facsimile machine shall state the number of pages
contained in the notice, including the transmittal page, if any.
SECTION 18 MISCELLANEOUS
18.1 Authority. Tenant and the person or persons executing this Lease on behalf of Tenant
represent that Tenant is qualified to do business in the State of Washington, that Tenant has full
right and authority to enter into this Lease, and that each and every person signing on behalf of
Tenant is authorized to do so. Upon State's request,Tenant will provide evidence satisfactory to
State confirming these representations. This Lease is entered into by State pursuant to the
authority granted it in Chapters 79.105 to 79.135 RCW and the Constitution of the State of
Washington.
18.2 Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the
parties, their successors, and assigns.
18.3 Headings. The headings used in this Lease are for convenience only and in no way
define, limit, or extend the scope of this Lease or the intent of any provision.
18.4 Entire Agreement. This Lease, including the exhibits and addenda, if any, contains the
entire agreement of the parties. All prior and contemporaneous agreements, promises,
representations, and statements relating to this transaction or to the Property, if any, are merged
into this Lease.
18.5 Waiver.
(a) The waiver by State of any breach or default of any term, covenant,or condition
of this Lease shall not be deemed a waiver of such term, covenant, or condition;
of any subsequent breach or default of the same; or of any other term, covenant,
or condition of this Lease. State's acceptance of a rental payment shall not be
construed to be a waiver of any preceding or existing breach other than the failure
to pay the particular rental payment that was accepted.
(b) The renewal of the Lease, extension of the Lease, or the issuance of a new lease to
Tenant, shall not constitute waiver of State's ability to pursue any rights or
remedies under the Lease.
18.6 Cumulative Remedies. The rights and remedies of State under this Lease are
cumulative and in addition to all other rights and remedies afforded to State by law or equity or
otherwise.
18.7 Time is of the Essence. TIME IS OF THE ESSENCE as to each and every provision of
this Lease.
Form bate: 1/2007 25 lease No.20-081594
18.8 Language. The word"Tenant"as used in this Lease shall be applicable to one or more
persons,as the case may be. The singular shall include the plural, and the neuter shall include
the masculine and feminine. If there is more than one Tenant, their obligations shall be joint and
several. The word "persons," whenever used, shall include individuals, firms, associations, and
corporations.
18.9 Invalidity. If any provision of this Lease shall prove to be invalid, void, or illegal, it
shall in no way affect, impair, or invalidate any other provision of this Lease.
18.10 Applicable Law and Venue. This Lease shall be interpreted and construed in
accordance with the laws of the State of Washington. Any reference to a statute shall mean that
statute as presently enacted or hereafter amended or superseded. Venue for any action arising
out of or in connection with this Lease shall be in the Superior Court for Thurston County,
Washington.
18.11 Recordation. Tenant shall record this Lease or a memorandum documenting the
existence of this Lease in the county in which the Property is located, at Tenant's sole expense.
The memorandum shall contain, at a minimum,the Property description, the names of the parties
to the Lease, the State's lease number, and the duration of the Lease. Tenant shall provide State
with recording information, including the date of recordation and file number. Tenant shall have
thirty (30)days from the date of delivery of the final executed agreement to comply with the
requirements of this Subsection 18.11. If Tenant fails to record this Lease, State may record it
and Tenant shall pay the costs of recording upon State's demand.
18.12 Modification. Any modification of this Lease must be in writing and signed by the
parties. Oral representations or statements shall not bind either party.
Form Date: 1/2007 26 Lease No.20-081594
18.13 Survival. Any obligations of Tenant which are not fully performed upon termination of
this Lease shall not cease, but shall continue as obligations until fully performed.
THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last
signature below.
CITY OF PASCO
Dated: , 20_
By: JOYCE OLSON
Title: Mayor
Address: PO Box 293
Pasco, WA 99301
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Dated: , 20_
By: SCOTT T. ROBINSON
Title: Assistant Region Manager
Address: PO Box 280
Castle Rock, WA 98611
Standard Aquatic Lands Lease
Approved as to Form on January 19,2007
By: Janis Snoey
Assistant Attorney General
State of Washington
Form Date: 1/2007 27 Lease No.20-081594
REPRESENTATIVE ACKNOWLEDGMENT
STATE OF WASHINGTON )
) ss
County of Franklin )
I certify that I know or have satisfactory evidence that JOYCE OLSON is the person who
appeared before me, and said person acknowledged that(he/she) signed this instrument, on oath
stated that(he/she) was authorized to execute the instrument and acknowledged it as the Mayor
of City of Pasco to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument,
Dated:
(Signature)
(Seal or stamp)
(Print Name)
Notary Public in and for the State of
Washington,residing at
My appointment expires
Form Date: 1/2007 28 Lease No.20-081594
STATE ACKNOWLEDGMENT
STATE OF WASHINGTON )
) ss
County of Lewis )
I certify that I know or have satisfactory evidence that SCOTT T. ROBINSON is the person who
appeared before me, and said person acknowledged that(he/she) signed this instrument, on oath
stated that(he/she) was authorized to execute the instrument and acknowledged it as the
Assistant Region Manager of the Department of Natural Resources,to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Dated:
(Signature)
(Seal or stamp)
(Print Name)
Notary Public in and for the State of
Washington, residing at
My appointment expires
Form Date: 1/2007 29 Lease No.20-081594
RECORD SURVEY
DEPARTMENT OF NATURAL RESOURCES SURVEY
BOAT DOCK LEASE SURVEY—CHIAWANA PARK
DNR APPLICATION NUMBER 20-091594 l
IN SSA A PORTION OF THE N 1/2, SW 1/4 OF SECTION 20,
mom DATE Y6uED: TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M.
—06-07
FRANKLIN COUNTY, WASHINGTON
RLT CONCRETE ETAYIR4G WALL
LEGAL DESCRIPTION
CHAWANA PAIR BO'DOCK LOW AREA
I
REAL PROPERTY LOCATED IN THE SOUTHWEST QUARTER OF SMnON 20,rDVRSF P 9 NO".
W&CE 29 EAST.RE.WIETR IF.R9IAN,FRANp.N CCUNIY,WA&NNMQN LORE P,WFIEVVR{Y
DESC."AS FOULOWS.
I BOWING AT TEE SOUTEW COMER OF SAID SECTION 20 FROM MIMCH THE EAST QUARTER
I FARHR OF SAO SMMON WEARS NORM C26'OG'EMT.2M2x FEET:THENCE NDRTH
'MUv BrM'2D•WIEST.4449.55 FF2T TO THE TRUE PD9R Or BEGROW0.
I THENCE MONTH 6TF 1242:NEST.11 ODO FEET:HENCE NORRI 23'4116•EASE.30.00 FEET,
TIEICE scum 66'17"2'FAST.41.M FEET:THENCE NORM 2SU'10'EAST. 10.22 FELT
�401q''C — I LONE OR LESS TO THE OROKARI HON WATER LINE OF RC LjT T3,WK OF
E THE COIULBM RNER M R E imm PRIOR TO CONSIR cn OF U S.INEM1'CORPS OF
ENC6FDC5 kCWM LOCK AM DAM PROW;THENCE SOUTH 7WW20•EAST,215 FELT
ADIIG SAE OILDNARI'H6GN RATER Ll1E;REMfd sOUTYi 73'4Y16•WEST, 11.99 FFFF,
0 p.;n, - 1•.2p' I THENCE SOUM 66'17'42•EAST.42.14 FEET 71IMM SOUTH 274Y1C MIEST,30.00 FEET TO
T h ^ ENE TRUE PMT OF BEGNNNO.
••ry) Ay,, , /7S �? ,
BEAMNGS
SOA ZONE.
ES ARE REWJ TO THE A"OWTUN STAR COOROM4TE SYSTEM RAD
Q��]�� �'n4Z T4
`•RAJ CONTAINS 3SB9 SQUIRE FEET,MORE OR LESS
I SURVEYOR'S CERTIFICATION
c 1 I.JOHN A BA6LMAN,A PROFESSONAL LAND�INEMO N THE STATE OF MSW=OFL HER��!o TP.OB ` UNDER 1AR DIRECT SIIF'ERrI510N W fIDYEiIBER 2W7.CN q�WTR Tit Iii"
vB f LEASE AREA I ' OF THE SURVEY RECOfVW ACT,C WRR SO.LAWS OF II'll AT THE RMA3T OF ROWM
3,x9 SORT.
O.A6 ACRES \ , SWIG'
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\
\ I
\ 1
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uzs.rtCAP AUDITOR'S CERTIFICATION
R 333675.64
i9 d&06&73 FEID FOR RECORD DAY Df � El6T 200077Y AD.,AT
OOMCIETF YIIIRFSS MI61R5 PAST l/, T L..RECORDED RI WLULE J OF 6URJE,
POST T'souM
DATE D6-v-5 T 7 PACE�°�..AT THE TE 157 OF RoE. M SUPA'»NC.
TT-
NOTES:
1)BASIS OF BENWX I HAD 63196 CMD.BASED ON WAW*=N COORIIWITE SYSTEM SOUTH 201E OUN COINtt AUIXTOP By DEPUTY
BASED ON TIES TO NG5 CONTROL 4ATION P4CLUOND DEM RESET.
2)(M)-MEASURED (R).RECORD IC -COMPUTED IR�
3)EXOWENT AND PROCEDURES USED'TOPCON 05 725 TOTAL STA"ON Lflllz IG CLOSED TRAVERSE Z0�21
AAE RAQ4 SURN6Y'WINODS,AND TRRIBU R6 DUAL FRECIIENCY LTS MCENEIB UTBIIING STATIC NO
II �I Tt166N167 1�2 7so
REAL TW 40NEWATIC SURYFY METHOD& MAN A.NF. Ca,
4)THE COLUMBIA RNER H THE NCMTY OF THIS SURVEY IS R4THN THE AREA INUNDATED 0r THE
OOV6-R CTBN OF MCNARY LOCK AND DNA. THE ORDN HGII-WRIER LINES EMSTRIG PRIOR TO
CON5TRUCRDN OF THE MCNARF DAM ARE NOW UNDER 9ATUR AM NOT SURKYARL-THE ORIAMART
HOG_IJATEP LMS SHONE HER(M WM DBMRED"ON aU41 ATNG THE MCLWH RESERVOIR WEN. eLEWT CITX OF PASCO 26607
ESTATE SEGMENT'YY WP,CREATED 81'THE ARMY CORPS OF ENGINUM R1 IWI.(SHEET 43 OF 46) RDGERS
THE ORONARY LOW WATER LINE IS NOT DETER1MU9.E. SEIRVSYlAc INC.. P.S.
PM= QNR BOAT DOCK LEASE SURVEY
5)DISTANCES SH MW KWON ARE GROUND:THE C016NED SCALE FACTOR TO OW IS OAMSD61. 20 10 6 20 46 60 1466 CL2Ull8FA PINE TAML
ReroR.Wn TA".562 COLUMBIA RIVER IN SEC 20, T. 9N, R.29E— W.M.
6)ME"ISTNG DOCK 6 M BE INBUILT SOON TIT THE U.s.CORPS OF IENGNEFR.DECN901s OF THE PERTAT/(609)989-4'0
N£W DOCK ARE FROM DONSTRLX14N PUNS FlIRNSTEO BY THE CORPS OF ENGINEERS. SCALE IN FEET TAI (6509)7/3-6984 DRM.■r RDA SCALE I•. 20' F.E.ID. NOME 1f1(R 1
IAwA� ATAPROYFD
DATE 11-00-07 r6G D7
2MDWG7
OI
Plan of Operations and Maintenance
Chiawana Park Boat Dock
Agreement#20-081594
Prepared by Administrative and Community Service Department
City of Pasco, Washington
Site Description:
Location of dock: Columbia River,north bank, Franklin County, Section 20, Township 9,North
Range 29E, West Meridian. The project is the replacement of an existing boat dock at Chiawana
Park on Lake Wallula, Columbia River, Pasco, Washington.
The upland property(180 acres) is owned by the U.S. Army Corps of Engineers (COE)
administered by the Walla Walla District. The City of Pasco intends to lease the park from the
COE for a 25 year period and will thus be responsible for the operation and maintenance of the
restrooms, lawn, access roads and parking areas, a paved pedestrian/bike path, and out buildings
including a caretaker residence park and boat dock.
History:
In 1968 the dock and park property was leased by Franklin County from the COE until Franklin
County terminated its lease in December 2005. The original dock facility has been in place for
several years and was installed by Franklin County. In 2007, during the course of negotiations
for the lease between the City of Pasco and Corps of Engineers, damage to the dock was noted.
The COE agreed to replace the dock if the City provided %Z of the replacement funding. During
the course of the COE's due diligence in permitting the replacement facility, it was noted that a
portion of the dock was over Washington State lands.
Future Use and Condition:
The use is to remain the same to provide access for public use and recreation. The dock facility
will follow Best Management Practices (BMPs) and is being repaired and upgraded that include
ADA accessibility and light penetration standards to meet fish habitat standards. The park is
open to the public on a seasonal basis,typically from April through October of each year. A boat
launch located at the east end of the park, approximately '/4 mile from the dock facility, is open
year-round and is not located on State Owned Aquatic Land (SOAL).
Development Plan and Maintenance:
The dock will be inspected monthly by city facilities staff and, if found to be in need of repair,
will be repaired as soon as practical unless public safety were a concern and at that point the
repair would be done immediately or the area would be closed off to the public until such time
the repair is completed. The regulatory authorities have not issued permits to date but it is the
intent that all work windows and conditions set forth will be followed. The dock upgrades will
begin when operational windows allow in late 2007 and should be completed early in 2008;
more specifically December 15, 2007 and completed by February 28,2008.
BUELLD Page 1 of 2 12/17/2007
Operations:
Chiawana Park and the dock will be operated on a seasonal basis,open to the general public, at
no charge. There is no fueling on the dock, no commercial activity,no waste discharges and no
overnight camping at the facility or the park.
DNR will provide to lessee a supply of"Enjoy your Washington State-Owned Aquatic Lands"
and"Spills Aren't Slick" signs with emergency spill contact information for lessee to post at this
lease site.
Contact Information:
City of Pasco
Facilities Manager
(Currently: Dan Dotta)
Email: dottad chi pasco-wa.gov
PO Box 293
Pasco WA 99301
(509) 543-5757
Department of Natural Resources
Dave Harsh, Aquatic Land Manager
mailto:day e.harsh(V dnr.wa.gov
PO Box 280
Castle Rock WA 98611
(509) 220-3009
BUELLD Page 2 of 2 12/17/2007
AGENDA REPORT NO. 1
FOR: City Council January 7, 2007
TO: Gary Crutchfield, City Manager Workshop Mtg.: 1/14/08
Regular Mtg.: 1/22/08
FROM: David I. McDonald, City Planner
Community & Economic Development
SUBJECT: Deed for Future Street Right-of-Way(MF #INF08-002)
1. REFERENCE(S):
A. Vicinity Map
B. Deeds for Power Line Road Right-of-Way (Council packets only; copy available in
the Planning Office, the Pasco Library or on the city's website at www.pasco-
wa.gov for public review.)
C. Resolution Accepting Deeds
11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
1/14 DISCUSSION
1/22 MOTION: I move to approve Resolution No. , accepting certain deeds
for street right-of-way along the north side of Heritage Village.
III. FISCAL IMPACT
None.
IV. HISTORY AND FACTS BRIEF:
A. The Bonneville Power Administration has a 50 foot utility easement along the
north edge of the city from Road 68 west to about Road 92. The use of this utility
easement has been the subject of a lengthy court case. As a result of legal action
on the part of the city an agreement was reached last year on the use of the
easement. The agreement affords property owners impacted by the easement an
additional 10 feet of useable backyard space. Essentially the agreement reduced
the easement from 25 feet to 15 feet across the back portion of residential lots.
The balance of the easement is now permitted to be used for a city street right-of-
way.
B. Since the agreement was reached, staff has been meeting with property owners
impacted by the BPA easement to explain the agreement. While the BPA
agreement lessens the impact of the easement on properties, it still leaves the
problems associated with the 15 feet that will be located between yard fences and
the power poles. For a variety of reasons (nuisance abatement, fire hazards, and
community appearance) the easement area north of the agreed fence line lends
itself well for inclusion as street right-of-way. To that end staff has been
encouraging property owners to dedicate that area for fixture right-of-way uses.
C. The attached deeds provide the right-of-way for three lots in Heritage Village.
V. DISCUSSION:
3(f)
Exhibit Item: Right-of-Way Dedication
"All N
File #: INFO 08-002
All
If
L "
ROW Dedications
4.€
}
After Recording, Return To:
City of Pasco, Washington
Attn: City Planner
525 North 3rd
Pasco, WA 99301
DEDICATION DEED
THE GRANTOR(S), F Sod Get T M,0 by donation pursuant to
RCW 35A.79.010, dedicates, conveys and quit claims to the GRANTEE, THE
CITY OF PASCO, a Municipal Corporation of the State of Washington, for the
public use, as a public right-of-way, all interest in the land described as follows:
That portion of Lot 28 of Heritage Village, Phase 3 according to the
Plat thereof recorded in Volume D of Plats Page 282, records of
Franklin County, Washington, described as follows:
Beginning at the True Point of Beginning, said point being the
Northeast corner of Lot 28, Heritage Village Phase 3; Thence South
00 degrees 20 minutes 05 seconds East for a distance of 14.14 feet;
Thence South 89 degrees 4.1 minutes 33 seconds West for a distance
of 76.92 feet; Thence North 00 degrees 20 minutes 05 seconds West
for a distance of 14.10 feet; Thence North 89 degrees 39 minutes 55
seconds Fast for a distance of 76.92 feet to the True Point of
Beginning.
-- - THE GRANTEE shall defend, indemnify--and hold the GRANTOR - -
harmless from any and all claims of whatever nature or kind, arising out of or
resulting from any act or failure to act in connection with the use, improvement and
maintenance of the dedicated right-of-way except to the extent of the GRANTOR'S
own negligent or intentional acts.
GRANTEE shall provide ongoing maintenance and repair of the right-of-
way, including keeping improvements thereon in good repair and maintain the
Dedication Deed- 1
landscaping.
DATED this 14 day of Pe'rweot�w2007.
GRANTOR(S) GRANTEE
Owner(s) j City of Pasco, Washington
Joyce Olson, Mayor
STATE OF WASHINGTON )
ss.
County of Franklin )
On this_Lt day of 2007, before ne,the undersigned,duly
commissioned and sworn,personally appeared ARn,-y ,e_ A LC.15 to me known to be
individual(s) described above and who executedhe within and foregoing instrument as
owner(s)of record,and acknowledged to me that he/slie/they signed the same as h is/her/their
free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath
stated that he/she/they is/are authorized to execute the said instrument.
G1VEN unge r by hand and official seal this 1yrm day of
JAN S R A V E L L E
NOTARY PUBLIC
STATE OF IDAHO p it Name: T-�,aA�- eWfAyR'Lt-E
MY COMMISSION EXPIRES NOTARY PUBLIC in and for the State often =DAµ°
S-13-09
Residing at:
My Commission Expires:
STATE OF WASHINGTON )
: ss.
County of Franklin )
On this day personally appeared before me JOYCE OLSON, Mayor of the City of
Pasco, Washington,described in and who executed the within and forgoing instrument,and
acknowledged that she signed the sane as her free and voluntary act and deed for the uses and
purposes therein mentioned.
GIVEN wider by hand and official seal this day of
2007.
Print Name:
NOTARY PUBLIC in and for the State of Washington
Residing at:
Dedication Deed-2
After Recording, Return to:
City of Pasco, Washington
Attn: City Planner
525 North 3"
Pasco, WA 99301
DEDICATION DEED
THE GRANTOR(S), 64-44e , 1-0e,_,by donation pursuant to
RCW 35A.79.010, dedicates, conveys and quit claims to the GRANTEE, THE
CITY OF PASCO, a Municipal Corporation of the State of Washington, for the
public use, as a public right-of-way, all interest in the land described as follows:
That portion of Lot 11 of Heritage Village, Phase 4 according to the
Plat thereof recorded in Volume D of Plats Page 283, records of
Franklin County, Washington, described as follows:
Beginning at the True Point of Beginning, said point being the
Northeast corner of Lot 11, Heritage Village Phase 4; Thence South
00 degrees 20 minutes 05 seconds East for a distance of 13.90 feet;
Thence South 89 degrees 39 minutes 22 seconds West for a distance
of 23.69 feet; Thence South 89 degrees 35 minutes 57 seconds West
for a distance of 53.21 feet; Thence North 00 degrees 20 minutes 05
seconds West for a distance of 13.96 feet; Thence North 89 degrees
39 minutes 55 seconds East for a distance of 76.92 feet to the True
Point of Beginning.
THE GRANTEE shall defend, indemnify and hold the GRANTOR
harmless from any and all claims of whatever nature or kind, arising out of or
resulting from any act or failure to act in connection with the use, improvement and
maintenance of the dedicated right-of-way except to the extent of the GRANTOR'S
own negligent or intentional acts.
Dedication Deed- 1
GRANTEE shall provide ongoing maintenance and repair of the right-of-
way, including keeping improvements thereon in good repair and maintain the
landscaping. 4
DA'Z'ED this I day of (fee em 4 c w, 2007.
GRANTOR(S) GRANTEE
Owner(s) City of Pasco, Washington
Joyce Olson, Mayor
i'llvlr,
STA E OF WASHINGTON )
ss.
County of Franklin )
On this 11rµ day of �� .,,B,Eoe ,2007, before me,the undersigned, duly
commissioned and sworn,personally appeared ,WFV Z dtml-mto me known to be
individual(s) described above and who executed the within and foregoing instrument as
owner(s)of record,and acknowledged to me that he/she/they signed the same as his/her/their
free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath
stated that he/she/they is/are authorized to execute the said instrument.
GIVEN under by hand and official seal this day of
JAN RAVELLE
NOTARY PUBLIC
STATE OF IDAHO P it Name: a-,4 n�F �',Q�f•`e��
MY COMMISSION EXPIRES NOTARY PUBLIC in and for the State of*Aaq4iog"rbANO
6-13-09 Residing at: e4rMh- _d, sMy Commission Expires: ja//A A2
T
STATE OF WASI-IINGTON )
ss.
County of Franklin )
On this day personally appeared before me JOYCE OLSON, Mayor of the City of
Pasco, Washington,described in and who executed the within and forgoing instrument,and
- acknowledged that she signed-the same as her free and voluntary act and-deed for the uses and -
purposes therein mentioned.
GIVEN under by hand and official seal this day of ,
2007.
Print Name:
NOTARY PUBLIC in and for the State of Washington
Residing at:
Dedication Deed-2
After Recording, Return To:
City of Pasco, Washington
Attn: City Planner
525 North 3'd
Pasco, WA 99301
DEDICATION DEED
THE GRANTOR'S), FOA' 'ct C F, -Tme d , by donation pursuant to
RCW 35A.79.010, dedicates, conveys and quit claims to the GRANTEE, THE
CITY OF PASCO, a Municipal Corporation of the State of Washington, for the
public use, as a public right-of-way, all interest in the land described as follows:
That portion of Lot 7 of Heritage Village, Phase 4 according to the
Plat thereof recorded in Volume n of Plats Page 283, records of
Franklin County, Washington, described as follows:
Beginning at the True Point of Beginning, said point being the
Northeast corner of Lot 7,Heritage Village Phase 4;Thence South 00
degrees 20 minutes 05 seconds East for a distance of 13.85 feet;
Thence South 89 degrees 40 minutes 03 seconds West for a distance
of 1.13 feet; Thence South 89 degrees 39 minutes 22 seconds West
for a distance of 70.79 feet; Thence North 00 degrees 20 minutes 05
seconds West for a distance of 13.86 feet; Thence North 89 degrees
39 minutes 55 seconds East for a distance of 71.92 feet to the True
Point of Beginning.
THE GRANTEE shall defend, indemnify and hold the GRANTOR
harmless from any and al] claims of whatever nature or kind, arising out of or
resulting from any act or failure to act in connection with the use,improvement and
maintenance of the dedicated right-of-way except to the extent of the GRANTOR'S
own negligent or intentional acts.
Dedication Deed - I
GRANTEE shall provide ongoing maintenance and repair of the right-of-
way, including keeping improvements thereon in good repair and maintain the
landscaping. 4L
DATED this day of Oerroikr, 2007.
GRANTOR(S) GRANTEE
Owner(s)/ City of Pasco, Washington
Joyce Olson, Mayor
STA OF WASHINGTON )
ss.
County of Franklin )
On this L.rt day of r,q ,2007, before me,the undersigned,duly
commissioned and sworn,personally appeared AgA cT X, �GTto me known to be
individual(s) described above and who executed the within and foregoing instrument as
owner(s)of record,and acknowledged to me that he/she/they signed the same as his/leer/their
free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath
stated that he/she/they is/are authorized to execute the said instrument.
1` e by hand and official seal this _ yrNday of b Le et",d&A _,
JANQ��RAVELLE
NOTARY PUBLIC
STATE OF IDAHO Pr' ame:
MY COMMISSION EXPIRES �'"��� r��"����
6-13-09 N TARY PUBLIC in and for the State of tw
Residing at:_*,q
My Commission Expires: 4
r
STATE OF WASHINGTON )
. ss.
County of Franklin }
On this day personally appeared before me JOYCE OLSON, Mayor of the City of
Pasco, Washington, described in and who executed the within and forgoing instrument,and
acknowledged that she signed the same as her free and voluntary act and deed for the uses and
purposes therein mentioned.
GIVEN under by hand and official seal this day of
2007.
Print Name: _
NOTARY PUBLIC in and for the State of Washington
Residing at:
Dedication Deed-2
RESOLUTION NO.
A RESOLUTION ACCEPTING DEDICATION DEEDS FOR PUBLIC
RIGHT-OF-WAY FOR A FUTURE STREET ADJACENT THE NORTH LINE OF
THE HERITAGE VILLAGE SUBDIVISION.
WHEREAS, the Bonneville Power Administration (BPA) has a 50 foot utility easement along
the north edge of the city from Road 68 to approximately Road 92; and,
WHEREAS, said BPA utility easement is located partially on lots within the Columbia Place, the
Heritage Village and the Coles Estates subdivisions and partially on city street right-of-way; and,
WHEREAS,the BPA exerted strict control over the use of said utility easement such that the city
was precluded from using its right-of-way for street purposes and private property owner use of the
easement was severely curtailed; and,
WHEREAS, as the result of city-initiated court action an agreement has been reached between
the city, BPA and the POD over the use of said BPA utility easement; and,
WHEREAS, the settlement agreement affords property owners greater use of their property
encumbered by the BPA easement; and,
WHEREAS, a portion of private property encumbered by the BPA easement will largely be
unusable for private property purposes; and,
WHEREAS, certain owners of property encumbered by the BPA easement have freely signed
deeds dedicating a portion of their lots for future street right-of-way; and,
WHEREAS, the City Council of the City of Pasco has reviewed the dedication deeds and has
detern-fined that acceptance of such would be in the best interest of the community; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, DOES RESOLVE AS FOLLOWS:
A) That the City hereby accepts Dedication Deeds for right-of-way purposes from the owners
of Tax Parcel Numbers 115-370-171, 115-370-167, 116-050-073, 116-050-080 and 115-
370-152.
B) That copies of the Dedication Deeds are attached hereto as exhibits to this Resolution.
C) That the terms and conditions of acceptance of said Dedication Deeds are as set forth in the
deeds.
PASSED by the City Council of the City of Pasco this 22th day of January, 2008.
Joyce Olson, Mayor
ATTEST: APPROVED AS TO FORM:
Sandy Kenworthy, Deputy City Clerk Leland B. Kerr,City Attorney
AGENDA REPORT NO. 02
FOR: City Council ; January 9, 2008
TO: Gary Crutchfie i Manager
Robert J. Albe orks Director
FROM: Jess Greenough, Field Divisions Manager Workshop Mtg.: 01/14/08
Regular Mtg.: 01/22/08
SUBJECT: Professional Services Agreement with Quality Coating Inspection
and Consulting Inc.
I. REFERENCE(S):
1. Professional Services Agreement
11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
01/14: Discussion
01/22: MOTION: I move to approve a Professional Services Agreement with Quality
Coating Inspection and Consulting, Inc. authorizing inspection
services with respect to the Coating of Road 68 Water Tank
Standpipe, Project #08-5-01 not to exceed $20,472.00 and further,
authorize the Mayor to sign the agreement.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) On January 7, 2008 the City Council awarded the Coating of the Road 68 Water
Tank Standpipe, Project 408-5-01 to Dunkin& Bush, Inc.
V. DISCUSSION:
A) This project is a specialized project thus requiring specialized inspection services
similar to the recently completed Road 68 Composite Reservoir project. Staff
believes that it would be prudent to utilize the services of Mr. Rudy Shearer,
President of Quality Coating Inspection and Consulting, Inc. which his company
was the subconsultant that provided the inspection services for the Road 68
Reservoir project. Mr. Shearer is familiar with the products and is knowledgeable
of the city site location and specifications, therefore staff feels that the city should
utilize Mr. Shearers knowledge and experience.
Staff recommends approval the Professional Services Agreement with Quality
Coating Inspection and Consulting Inc.
3(9)
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter
referred to as the "City", and Quality Coating Inspection and Consulting Inc. hereinafter referred
to as the "Consultant".
WHEREAS, the City desires to engage the professional services and assistance of a
consulting firm to provide inspection services with respect to the Coating of the Road 68 Water
Tank Standpipe, Project#08-5-01.
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 accomplish the above mentioned objectives in accordance with Exhibit A.
2. Payments. The Consultant shall be paid by the City for completed work for
services rendered under this Agreement as provided hereinafter. Such payment shall be full
compensation for work performed or services rendered and for all labor, materials, supplies,
equipment and incidentals necessary to complete the work.
A. Payment for work accomplished under the terms of this Agreement shall be
on a Lfump Sum basis as set forth on the fee schedule found in Exhibit A, provided, in no event
shall the payment for all work performed pursuant to this Agreement exceed the sum of
$20,472.00.
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.
3. Time of performance. The Consultant shall perform the work authorized by this
Agreement promptly and all work shall be completed by March 31, 2008.
4. Hold harmless up-reement. In performing the work under this contract, the
Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter
individually and collectively referred to as "Indemnitees"), from all suits, claims, demands,
actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the
Indemnitees from
A. All damages or liability of any character including in part costs, expenses
and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person
or organization for whom the Consultant may be responsible, and arising out of the performance
of professional services under this Agreement; and
Quality Coating Inspection and Consulting Inc. Page l of 3
Coating of Road 68 Water Tank Standpipe
B. All liability, loss, damage, claims, demands, costs and expenses of
whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be
based upon, any act, omission, or occurrence of the Consultant or any person or organization for
whom the Consultant may be responsible, arising out of, in connection with, resulting from or
causee by the performance or failure of performance of any work or services other than
professional services under this Agreement, or from conditions created by the Consultant
performance or non-performance of said work or service, regardless of whether or not caused in
part by the party indemnified hereunder.
5. 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.
6. Consultant is an independent contractor. The parties intend that an independent
contractor relationship will be created by this Agreement. No agent, employee or representative
of the Consultant shall be deemed to be an agent, employee or representative of the City for any
purpose. Consultant shall be solely responsible for all acts of its agents, employees,
representatives and subcontractor during the performance of this contract.
7. 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.
8. 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.
9. Integration. The Agreement between the parties shall consist of this document and
the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the
parties and shall not be amended except by a writing executed by both parties. In the event of
any conflict between this written Agreement and any provision of Exhibit A, this Agreement
shall control.
10. 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.
11. Non-assignable. The services to be provided by the contractor shall not be
assigned or subcontracted without the express written consent of the City.
12. Covenant against contingent fees. The Consultant warrants that he has not
employed or retained any company or person, other than a bona fide employee working solely for
the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for the Consultant, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or
resulting from the award of making of this contract. For breach or violation of this warranty, the
City shall have the right to annul this contract without liability or, in its discretion to deduct from
the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
Quality Coating Inspection and Consulting Inc. Page 2 of 3
Coating of Road 68 Water Tank Standpipe
13. 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 fees and costs.
14. 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:
Rudy Shearer
Quality Coatings Inspection and Consulting Inc.
22353 Glenn Road
Mount Vernon,WA 98273
Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in
the U. S. mails, with proper postage and properly addressed.
DATED THIS DAY OF ,20
CITY OF PASCO CONSULTANT:
By: By:
Joyce Olson, Mayor Rudy Shearer, President
Quality Coatings Inspection and Consulting, Inc.
ATTEST: APPROVED AS TO FORM:
Debbie Clark, City Clerk Leland B. Kerr, City Attorney
Quality Coating inspection and Consulting Inc. Page 3 of 3
Coating of Road 68 Water Tank Standpipe
EXHIBIT A
Quality Coating Inspection and Consulting Inc.
22353 Glenn Road
y Mount Vernon, WA 98273
Phone: 360-202-1395
Email:rudyL&guahtycoatingsin5p_ectio.n.com
Web site address:httn://www,nualitycnatingsinsueclion.com/
`►��" Date: 12-19-07
Submittal / Proposal
Client: City of Pasco WA.
Client Contact: Jess Greenough
Project: Road 68 Stand Pipe
Location: Road 68, Pasco WA.
Scope: Coatings Inspection, tank interior
This proposal is based on full time, on site inspection during these
phases of this project.
It should be considered an estimate based on these current rates and
schedules. The cost to the Client will not exceed these totals without
their Representative's written approval.
On site inspection during the surface preparations and coatings
application.
Surface Preparations: During the surface preparation (cleaning and
sand blasting) this includes the monitoring and recording the
atmospheric conditions (relative humidity, dew point and surface
temperature), degree of blast, surface cleanliness and surface profile.
Coatings: during the mixing and application, we will be monitoring
and recording the coating storage and handling, mixing, thinning and
application. This will include the recording of the information of
thinner type, batch numbers and percentage added and the coatings
batch numbers as well as any recommended induction times for the
coatings.
Testing: QCIC will perform all tests as described in the project
specifications in accordance with the outlines of the specifications and
NACE and SSPC standards.
In performing these services, we assure that the guidelines of the
project specifications as well as the Coatings Manufacturer are
followed and adhered to. In the event that the Coatings Contractor
deviates or varies from -the specifications or guidelines, the Client is
notified immediately.
All information is recorded on professional forms and delivered
electronically to the client on a daily basis
QCIC provides all necessary inspection tools with current
certifications to perform these inspections.
Based on the six weeks of allotted time for the recoat of this tank, the
following is an estimate of the inspection schedule and costs;
On site inspection per week: 40 Hours = 240 hours @ $76.00= $99600.00
Travel hours per week: 12 Hours = 72 hours @ $76.00= $59472.00
Travel miles per week: 600 = 3,600 miles@ $.50 = $1,800.00
Days per diem per week: s days = 30 days @ 120.00 per day = $3,600.00
Grand Total: $20,472.00
Rudy Shearer
President;
Quality Coatings .inspection and Consulting Inc.
AGENDA REPORT
For City Council January 11,2008
To Gary Crutchfield,City Manage Workshop Mtg.: 1/14/08
From Denis Austin,Chief of Police Regular Mtg.: 1/22/08
Subject 2008 Interlocal Agreement for Correctional Facilities Use
I. REFERENCES:
A) Proposed Agreement(Council packets only; copy available in the Police Department, the Pasco
Library or on the city's website at www.pasco-wa.gov for public review).
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
1/14 DISCUSSION
1/22 MOTION: I move to approve the 2008 Interlocal Agreement with Franklin County for
Correctional Facilities Use and, further, authorize the Mayor to sign the
agreement.
III. FISCAL IMPACT:
$1,752,009
IV H[STORY AND FACTS BRIEF:
A) The City's 2008 Interlocal Agreement for Correctional Facilities Use is similar to the 2007
contract. The attached tentative agreement represents a consensus of the parties who have
worked to develop it. This is the tenth year we have used the formula set forth in the agreement
with Franklin County for housing City prisoners in the Franklin County Correctional Facility.
B) This agreement provides for an adjusted formula for computing prisoner-lodging costs. This
formula assures that the City and Franklin County pay the same cost per prisoner day for
housing prisoners. At the same time, it provides a method of adjustment for what has been a
disproportionate share of overall bookings by the City in comparison to its percentage of
prisoners housed in the Franklin County Corrections Facility. Under the terms of the proposed
Interlocal Agreement, the City will initially pay to the County an estimated prisoner lodging
cost. The cost is based on the City's last completed year of lodging prisoners at the jail. It is
paid to the County in 12 equal monthly payments. At the completion of the year, the actual
prisoner lodging and booking numbers are used to reconcile the payment amount. The County
credits overpayments to the City; underpayments are paid to the County within a specified
period of time.
V. DISCUSSION:
A) The 2008 jail budget is $3,323,659 compared to the 2007 jail budget of $3,014,196. The
$309,463 increase in the 2008 jail budget is due to increases in wages ($124,066), benefits
($58,343), supplies ($12,800), other services and charges ($39,318), maintenance charges
($8,242), corrections food service costs ($14,011),the Franklin County Auditor's Office budget
specifically identified as a jail expense ($25,235), the Franklin County Information Services
Budget specifically identified as a jail expense ($7,700), and the Franklin county Civil Service
Budget specifically identified as a jail expense($3,400).
B) Pasco's estimated cost for jail services in 2008 is $1,752,009. The estimated cost is paid
monthly in the amount of$146,001.
C) At the current population level of 194 prisoners per day average, the city's estimated cost for
housing prisoners is $46.86 per day. The rate paid by Pasco is much lower than what other
cities throughout the state pay to house prisoners. The final cost for housing prisoners is
determined by the reconciliation process.
VI. OTHER COMMENTS:
The Interlocal Agreement for Correctional Facility Use has been written so that it may be renewed from
year to year and provides an arbitration process if a dispute over compensation occurs.
3(h)'
2008 CITY OF PASCO - FRANKLIN COUNTY
CORRECTIONAL FACILITIES USE AGREEMENT
This agreement is made and entered into this day of , 2007 by
and between Franklin County, a political subdivision of the State of Washington (hereinafter
"County") and the City of Pasco, Washington, a municipal corporation (hereinafter"City").
For and in consideration of the considerations, covenants and agreement contained herein the
parties agree as follows:
I. PURPOSE
The City, desiring to utilize Franklin County Correctional Facilities (hereinafter "Jail") and
its personnel and services maintained by the County for the incarceration of City
prisoners, in accordance with the Interlocal Cooperation Act (RCW 39.34) and the City
and County Jails Act (RCW 70.48), hereby enters into an agreement with the County for
use of jail and its personnel and services for confinement of City prisoners. It is the
purpose of this agreement to provide for the joint use by the parties of the jail facilities
and its personnel and services at the jail located at the Franklin County Correctional
Facilities in the City of Pasco.
II. DEFINITIONS
A. "City Prisoner" shall mean a person who is booked into the jail pursuant to an
arrest, in the City limits of Pasco, by a Pasco Police Officer, for the commission of a
misdemeanor.
B. "City Prisoner Day" shall mean any portion of a consecutive twenty-four hour
period and shall include when a City prisoner is only booked and released, as
calculated using the current I/LEADS methodology for counting jail days.
C. "Average Daily Population" (ADP) is calculated by dividing the total number of
prisoner days for all prisoners being held in the jail by the actual number of days in
the year.
D. "Total Prisoner Days" shall mean the total number of prisoner days for all prisoners
housed at the Jail during a specified period of time without regard for the type of
program they are being held under such as Trustee, work release, etc., the agency
they are being held for, or the criminal charges they are being held on.
E. "Jail Budget' for the purpose of this agreement shall not exceed $3,323,659 for the
initial term of this agreement and shall only include the following expenses:
1. Budget accounting and reporting system (BARS) line items.
a. Personnel and line items assigned to the 2008 Franklin County Corrections
Budget#540: $3,024,060.
b. Personnel and line items assigned to the 2008 Franklin County Jail Kitchen
Budget#550: $263,264.
Interlocal Agreement for Correctional Facilities Use- Page 1
2. That portion of the 2008 Franklin County Jail Support Services Budget:
a. $25,235 (14.5%) of the Franklin County Auditor's Office Budget specifically
identified as a jail expense.
b. $7,700 of the Franklin County Information Services Budget specifically
identified as a jail expense.
c. $3,400 (48%) of the Franklin County Civil Service Budget that is specifically
identified as a jail expense.
F. "Intake Processing Cost" shall mean that portion of the jail expenditure budget
attributable to the wages and benefits of those personnel assigned to the prisoner
intake function. For year 2008 the intake processing cost will not exceed $278,100
and will increase in subsequent years only by actual increases to wages and benefits
for the respective personnel through their collective bargaining agreement.
Ill. AVAILABILITY OF JAIL FACILITIES
The jail facilities and its personnel and services shall be available, on a space available
basis, for confinement of City prisoners held upon arrest, awaiting trial, and serving
sentences or jail terms.
IV. COMPENSATION FROM CITY
The City shall pay the County as total compensation for its provision of jail facilities and
personnel as specified herein:
A. Jail Budget. The proposed jail budget for any renewal term of this agreement shall
be established and provided to each agency housing prisoners at the jail by no later
than third Monday in August of the current contract year. This will allow time for
review and the filing of a request for binding arbitration (RCW 39.34) if compensation
amount cannot be agreed on.
B. Budget Approval. For the purposes of calculating prisoner day costs for the current
calendar year, the total jail budget shall not exceed the budget approved by Franklin
County Commissioners in December of the preceding year (December 2007 for 2008
Budget).
C. Preliminary Estimation and Payment of Jail Costs. The City shall remit a monthly
payment representing the City's estimated share of jail costs, determined as follows:
1. The estimated jail costs for the respective calendar year will be calculated by
dividing the prospective jail budget (2008) by the total prisoner days recorded for
the most recent complete calendar year (2006). The product of this process
represents the daily prisoner lodging cost and will be multiplied by the total
number of prisoner days charged to the City for the most recent complete
calendar year (2006). This product will represent the estimated annual prisoner
lodging cost for the prospective year(2008).
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2. The prospective (2008) intake processing costs ($278,100) will be multiplied by
the difference between the following percentages and the product will represent
the estimated intake processing cost adjustment:
a. City prisoner days as a percent of total prisoner days for the most recent
complete calendar year (2006).
b. Number of City bookings as a percent of total Jail bookings for the most
recent complete calendar year (2006).
3. Not later than January 15t of prospective calendar year (2008), the estimated
annual prisoner lodging cost and the estimated intake processing cost
adjustment will be added and the sum divided by 12; the resulting figure will
constitute the monthly estimated jail cost to be paid by the City not later than the
last day of each month of the prospective calendar year. The Sheriff shall have
the right to formally request reduced monthly payment amounts thus assuring
against a large credit owing to the City during the Reconciliation Process outlined
below_
Jail Costs Estimation Formula
Jail budget/total prisoner days from prior complete year= Prisoner day rate.
Prisoner day rate X City's prisoner days = Estimated Prisoner lodging cost
City's percent of total bookings minus City's percent of total prisoner population X
Percent of booking cost to be paid for intake processing cost
Prisoner lodging cost plus intake processing = Estimated annual City Jail cost
Estimated annual City Jail cost/ 12 = Monthly payment of estimated City Jail cost
D. Reconciliation Process. Not later than February 15t of each calendar year the
actual prisoner days experienced in the preceding calendar year will be applied to the
formula used for estimated jail cost (below), provided the total annual prisoner days
attributed to the jail shall not be less than 38,326 (representing an average of 106
prisoners per day). The resulting annual cost will be compared to the estimated
annual cost actually paid by the City. Any amount due the County by the City will be
paid within 30 days of invoice to the City. Any amount due the City by the County will
be credited in the March billing.
2008 Reconciliation Formula
2008 Jail budget ($3,323,659)/ total 2008 prisoner days = 2008 Prisoner day rate
2008 Prisoner day rate X City's 2008 prisoner days = Actual 2008 Prisoner
lodging cost
City's percent of total bookings minus City's percent of total prisoner population X
Percent of$278,100 to be paid for intake processing cost
2008 Actual Prisoner lodging cost plus intake processing = 2008 Actual City Jail
cost
V. PAYMENT
The City agrees to pay the County, by the 15'" of each calendar month, the amount pre-
calculated using the formula outlined in Section IV.C, above. The County agrees to
credit overpayments by the end of March of the following year (or in subsequent months)
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until total reimbursement has been completed. The City agrees to pay shortages, billed
by February 15th, by the 15th of March.
VI. MEDICAL COSTS AND TREATMENT
A. The County shall have the right to refuse to accept a City prisoner who, at the time of
delivery to the jail for confinement, is in need of medical attention until the City has
made arrangements satisfactory to the County for such medical attention.
B. The County will provide medical services for all prisoners within the jail in
accordance with the provisions of WAC 289-20-120.
C. In the event a prisoner requires medication or medical or dental treatment or care not
available in the health care program within the jail, provided by the County, the City
shall be responsible as follows:
1. With respect to City prisoners, the City will be responsible for all medication and
all such medical or dental treatment or care to the extent such costs are not paid
by the prisoner, insurance, public assistance or other sources.
2. With respect to those prisoners who are not City prisoners, as defined in Section
II.A, but who are confined on the basis of charges initiated by City police officers,
the City shall reimburse the County for the cost of medication and such medical
or dental treatment or care provided to the prisoner prior to disposition of the
charges by sentencing or otherwise to the extent that the cost is not paid by the
prisoner, insurance, public assistance or other sources.
D. The County agrees to use reasonable efforts to obtain reimbursement from the
prisoner, insurance, public assistance or other sources, of such costs of medication,
medical/dental treatment or care. The County shall, except in cases of emergency
which prevent the County from obtaining City authorization, obtain advance
authorization from the Chief of Police or his designee whenever a prisoner, for whom
the costs of medication, medical/dental treatment or care is the responsibility of the
City pursuant to this agreement requires such medication or medical or dental
treatment or care. The City agrees to provide to the County, when requested, written
verification of any authorization of, or refusal to authorize care or treatment for City
prisoner.
E. The County shall, subject to the City's authorization required by Section VI.D, have
the authority to make arrangement for medication, medical/dental treatment or care
not available in the health care program within the jail.
F. It is agreed by the parties that the County shall have the authority to determine the
existence of emergencies requiring medication, medical/dental treatment or care
without the advance authorization from the City specified in Section VI.E.
G. The County shall be responsible for all medical expenses due to injuries incurred
during the course of a prisoner's incarceration caused by the negligent or intentional
act of the County.
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VII. TRANSPORTATION OF PRISONERS
The City shall be responsible for all transportation of City prisoners to and from Franklin
County Correctional facilities, excepting to and from Pasco Municipal Court at the Public
Safety Building and the Franklin County Correctional facilities.
VIII. TRANSFER OF CUSTODY
City police officers delivering persons to the jail for confinement shall provide the
receiving officer of the jail with an arrest warrant, citation, court order, other
documentation or a completed detention request form satisfactory to the receiving officer
which indicates the legal basis for confinement of the person and in the absence of such
documentation the receiving officer may refuse to accept the person for confinement.
A. City police officers delivering persons to the jail for confinement shall remain in the
immediate presence of such persons, shall be responsible for such person and shall
be considered to have such person in their sole custody until the jail receiving officer
has accepted documentation for such person's confinement and physical custody of
that person and has indicated that the delivering officer may leave. At such time,
and only at such time, will the County have assumed custody of and responsibility for
the person to be confined.
B. City prisoners shall be subject to all applicable rules, regulations and standards
governing the operation and security of the jail. All City officers delivering persons to
the County jail shall comply with those rules, regulations and standards.
IX. ACCESS TO PRISONERS
City police officers and investigators shall have the right to interview prisoners at any
reasonable time within the jail. City police officers shall be afforded equal priority for use
of jail interview rooms with other departments, including Franklin County Sheriffs
Department.
X. POSTING OF BAIL
The County shall serve as agent for the City in receipt of bail bonds or moneys posted
for City prisoners only during those hours the courthouse is closed for business.
XI. WORK RELEASE
In the event that it is desired that a City prisoner participate in the jail Work Release
program, City prisoners shall be treated exactly as County prisoners and shall be entitled
to participate in the Work Release program solely on a space available basis.
XII. CITY PRISONER
City Prisoner shall be released from the jail only:
A. Upon the authorized, written request of the City police; or
Interlocal Agreement for Correctional Facilities Use- Page 5
B. By order of the Court having jurisdiction of a City prisoner and the matter for which
such prisoner being confined; or
C. For appearance by the prisoner in the Court having jurisdiction of such prisoner; or
D. In compliance with a valid Writ of Habeas Corpus; or
E. For necessary medical or dental treatment or care not available within the jail; or
F. When the prisoner has completed service of the sentence, the charge pending
against the prisoner has been dismissed, or bail or other satisfactory recognizance
has been posted, as required by the Court.
XIII. RECORD KEEPING
The County, based on consultation with the City's Chief of Police, agrees to maintain a
system of record keeping relative to the booking and confinement of each City prisoner
in such a style and manner as is equivalent to the County's records pertaining to its
prisoners under the current I/LEADS system. The County shall, within 5 days of the
conclusion of each month during the term of this agreement, provide the City with copies
of its reports including monthly total prisoner days and City prisoner days including year-
to-date total prisoner days and City prisoner days.
XIV. INDEMNIFICATION
A. The City shall indemnify and hold harmless the County and its officers, agents and
employees from and against any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever resulting from, arising out of, or
incident to any act or omission of the City, its officers, agents, or employees in the
performance of this agreement or in arresting, detaining, charging, transporting,
interrogating or otherwise dealing with persons either before or after presentation to
and acceptance by the County for confinement in the Jail.
In the event that any suit based upon such a claim, action, loss, cost, expense, or
damage is brought against the County, the City shall defend the County at its sole
cost and expense; provided that the County retains the right to participate in any
such suit if any principle of governmental or public law is involved. If final judgment
is entered against the County, or its officers, agents, or employees, the City shall
satisfy the same in full.
B. The County shall indemnify and hold harmless the City and its officers, agents and
employees, from and against any and all claims, actions, suits, liability, loss, cost,
expenses and damages of any nature whatsoever resulting from, arising out of or
incident to, any act or omission of the County, its officers, agents or employees in the
performance of this agreement or in confining persons who have been presented by
the City to and accepted by the County for confinement in the jail while said persons
are in the jail or in the custody of the County outside the jail.
In the event that any suit based on such a claim, action, loss, cost, expense, or
damage is brought against the City, the County shall defend the City at its sole cost
and expense; provided that the City retains the right to participate in such suit if any
Interlocal Agreement for Correctional Facilities Use-Page 6
principle of governmental or public law is involved. If final judgment is rendered
against the City, or its officers, agents, or employees, the County shall satisfy the
same in full.
XV. NON-DISCRIMINATION POLICY
It is the policy of Franklin County that no person shall be subjected to discrimination in
the County or by its subcontractors because of race, color, national origin, sex, age,
religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of
any physical, mental, or sensory handicap.
The City shall execute in writing, an assurance that it will comply with the County's Non-
discrimination Policy and provide a copy to the County upon execution of the agreement.
XVI. AUTHORITY
A. This agreement shall become effective upon the approval of the Franklin County
Board of Commissioners and the City Council of the City of Pasco, Washington in a
manner authorized by law.
B. As provided in Section XVII below, the Jail shall be administered by the Franklin
County Sheriff and no separate legal or administrative entity is created for the
purposes of this agreement. For the purposes of RCW 39.34.030, the Franklin
County Sheriff is designated as the administrator responsible for administering this
cooperative undertaking. Unless otherwise specifically agreed in writing, any real or
personal property acquired, held, or utilized by the parties hereto shall remain the
property of the acquiring party subject to full rights of reassignment and disposal.
C. Nothing in this agreement shall preclude the City from creating, maintaining,
operating or utilizing its own holding and other facilities for City prisoners.
XVII. ADMINISTRATION
This agreement shall be administered by the Franklin County Sheriff.
XVIII. REMEDIES
No waiver of any right under this agreement shall be effective unless made in writing by
the authorized representative of the party to be bound thereby. Failure to insist upon full
performance on any occasion shall not constitute consent to, or waiver of, any
continuation of nonperformance or any later nonperformance, nor does payment of a
billing or continued performance after notice of a deficiency in performance constitute an
acquiescence thereto.
XIX. DURATION
The term of this agreement shall commence on January 1, 2008 and terminate at
midnight, December 31, 2008 (hereinafter referred to as the original term). This
agreement shall be automatically renewed for successive one (1) year terms (hereinafter
referred to as renewal terms) in accordance with the same terms and conditions as
provided herein, however, either party may terminate this agreement at the conclusion of
Interlocal Agreement for Correctional Facilities Use-Page 7
the original term or any renewal term by providing the other and the office of the
Department of Corrections with written notice of its intent to terminate at least 90 days
prior to the conclusion of that term as required by RCW 70.48.090(1),
XX. MODIFICATION
Final approval for all modifications to the interlocal agreement shall be by the mutual
written consent of both parties.
XXI. TERMINATION AS BY AGREEMENT
In addition to the method of termination by non-renewals provided in Section XIX above,
this agreement may be terminated at any time by written agreement of the parties
thereto.
XXII. DISPUTE RESOLUTION
Should any dispute arise concerning the interpretation, enforcement, breach, or default of
this agreement, (excluding compensation issues which will be handled as provided for by
RCW 39.34) dispute resolution shall be by arbitration located in Pasco, Washington.
Arbitration shall be conducted by a mutually agreed arbitrator, however, if the parties are
unable to agree on an arbitrator, arbitration shall be by tri-partite arbitration with each
party selecting an arbitrator, and the chosen arbitrators selecting the third arbitrator.
Arbitration shall be conducted in conformity with the rules established by the American
Arbitration Association.
Interlocal Agreement for Correctional Facilities Use- Page 8
DATED this day of , 2007.
City of Pasco: Franklin County:
Joyce Olsen Neva J. Corkrum
Mayor Commissioner
ATTEST:
Sandy Kenworthy Robert E. Koch
Deputy City Clerk Commissioner
APPROVED AS TO FORM:
Leland B. Kerr Rick Miller
City Attorney Commissioner
Richard Lathim
Franklin County Sheriff
APPROVED AS TO FORM:
Ryan Verhulp
Chief Civil Deputy Prosecuting Attorney
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