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HomeMy WebLinkAbout2008.02.11 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. February 11, 2008 1. CALL TO ORDER 2. VERBAL REPORTS FROM COUNCILMEMBE'RS: 3. ITEMS FOR DISCUSSION: (a) Amendment to Lease for Pasco Boat Basin,Levee 12-1 with Corps of Engineers: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated January 26, 2008. 2. Proposed Amendment to Lease. 3. Amendment Transmittal Letter. (b) Rescission of Purchase and Sale Agreement(Davidson): 1. Agenda Report from Gary Crutchfield,City Manager dated February 7, 2008. 2. Proposed Rescission of Real Estate Purchase and Sale Agreement. 3. Resolution. (c) Juvenile Detention Contract: 1. Agenda Report from Gary Crutchfield, City Manager dated February 6,2008. 2. Proposed Contract. (d) 2007 Community Survey: 1. Agenda Report from Gary Crutchfield, City Manager dated January 25,2008. 2. 2007 National Citizen Survey for Pasco (Council packets only; previously provided in the January 28 City Council packets). 4. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) S. EXECUTIVE SESSION: (a) (b) (c) 6. ADJOURNMENT. REMINDERS: 1. 12:00 p.m., Monday, February 11, Pasco Red Lion — Pasco Chamber of Commerce General Membership Meeting. ("Literacy and how it affects Economic Development"; Dr. Lee Thornton, President, Columbia Basin College presenter.) 2. 10:00 a.m., Tuesday, February 12, Senior Center -- Senior Citizens Advisory Committee Meeting. (COUNCILMEMBER TOM LARSEN, Rep.;BOB HOFFMANN, Alt.) 3. 7:00 a.m., Thursday, February 14, Cousin's Restaurant — BFCG Tri-Mats Policy Advisory Committee Meeting. (COUNCILMEMBBER BOB HOFFMANN, Rep.; TOM LARSEN,Alt.) 4. 7:00 p.m., Thursday, February 14, Transit Facility — Ben-Franklin Transit Board Meeting. (COUNCILMEMBER MATT WATKINS, Rep.; MIKE GARRISON,Alt.) 5. 11:30 a.m., Friday, February 15, Roy's Smorgy — Benton Franklin Council of Governments Board Meeting. (COUNCILMEMBER.TOM LARSEN, Rep.; BOB HOFFMANN,Alt.) AGENDA REPORT FOR: City Council January 26, 2008 TO: Gary Crutchfi Manager FROM: Stan Strebel, n atjve and Community Workshop Mtg.: 2/11/08 Services Direct Regular Mtg.: 2/19/08 SUBJECT: Amendment to Lease for Pasco Boat Basin, Levee 12-1 with Corps of Engineers I. REFERENCE(S): 1. Proposed Amendment to Lease 2. Amendment Transmittal Letter II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 2/11/08: Discussion 2/19/08: MOTION: I move to approve Amendment No. 2, Department of the Army Lease for Recreation Purposes for the Pasco Boat Basin and Levee 12-1 and further, to authorize the Mayor to sign the amendment. III. FISCAL IMPACT: Approval of the lease amendment clears the way for the City to construct Phase 2 of the Sacagawea Heritage Trail, a project funded under the City's C1P and by grants totaling $418,000 from the Washington Department of Transportation. The cost of the Lease Amendment is $5,000, which is the COE fee for engineering and construction inspection expenses. IV. HISTORY AND FACTS BRIEF: A) The City has been working for several years to secure grant funding and Corps of Engineers approval for the final trail link of the Heritage Trail. The proposed Phase 2 construction will lower the levee by 6 feet from the existing trail (temporary end) at 13th Ave. to the BNSF railroad bridge. The trail will then route to Ainsworth Ave. and cross the overpass toward a connection with the Port of Pasco portion of the trail, east of Grey Ave. B) The Corps of Engineers' approval of the City's plans is included in the proposed Amendment to the lease for the Boat Basin and Levee 12-1. In addition to the approval of the construction, the Amendment adds that portion of the levee (east of the Cable Bridge)which has not been included as land in the prior lease. C) The approved Amendment is necessary for the City to complete plans and get the project ready to bid for construction this summer. Staff recommends approval of the amendment. 3(a) AMENDMENT NO. 2, DEPARTMENT OF THE ARMY LEASE NO. W912EF-1-04-13 TO THE CITY OF PASCO, WASHINGTON FOR PUBLIC PARK AND RECREATIONAL PURPOSES Levee 12-1, The Pasco Boat Basin on McNary Lock and Dam Project Franklin County, Washington WHEREAS, on March 26, 2004, the City of Pasco, Washington, Lessee, leased the premises indicated in Exhibit B of said lease for public park and recreation purposes; and WHEREAS, on October 7, 2005, Amendment No. 1 of the lease removed the 12-1 pond from the premises; and WHEREAS, the City of Pasco has requested an addition to the premises including Tracts XX-3452, XX-3451 and the remainder of Tract XX-3460, said remainder not included in the premises of the original lease; and WHEREAS, the requested amendment to the lease will not conflict or interfere with nor adversely affect the operation of the McNary Lock and Dam Project for its authorized purposes; NOW THEREFORE, effective on the date of execution of this Amendment by the Acting Chief, Real Estate Division, Walla Walla District, Corps of Engineers, Department of the Army Lease W912EF-1-04-13 is hereby modified in the following particulars, but in no others: 1. Exhibit K and Exhibit L, attached hereto and made a part hereof, show the area added to the premises by Amendment No. 2. 2. The Lessee's plans for lowering the portion of Levee 12-1 passing through the premises are approved as of December 14, 2008. During construction, the Lessee shall ensure that the project area is watered as needed to control dust, storm water barriers are present and all rip-rap reused on the levee is placed, not dumped. 3. The Lessee will provide information on any proposed interpretive signing on the premises to the District Engineer for review and comment. The information will, at a minimum, include proposed location, wording and sign design. In all other respects, the covenants, provisions and conditions of said lease shall remain in Full force and effect. IN WITNESS WHEREOF I have hereunto set my hand by authority of the Secretary of the Army this day of , 2008. JANA L. BRINLEE Acting Chief, Real Estate Division Walla Walla District, Corps of Engineers This Amendment to Department of the Army Lease No. W912EF-1-04-13 is also executed by the Lessee this day of , 2008. JOYCE OLSON Mayor City of Pasco, Washington CERTIFICATE OF AUTHORITY I, , certify that I am the of THE CITY OF PASCO, WASHINGTON, that who signed the foregoing instrument on behalf of the grantee, was then of I further certify that the said officer was acting within the scope of powers delegated to this officer by the governing body of the Lessee in executing said instrument. Date (signature) ACKNOWLEDGMENT STATE OF WASHINGTON ) : ss COUNTY OF WALLA WALLA) On this day of , before me the undersigned Notary Public, personally appeared JANA L. BRINLEE, Acting Chief, Real Estate Division, U.S. Army Engineer District, Walla Walla, Washington, known to me to be the person described in the foregoing instrument, who acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My Commission Expires: (seal) A Irerq PROJECT MAP , _ xT•d 31o3so-T r e IrN r rr.rrleeN u re...+nr 'r•>D Rnws. te- - ���rb__ AGENC_Y ACONSITION TRACT RESISTER STATE: A REMARKS LANDOWNER FEE 5 C OuNtt__FW_:_R So_NEXIN_P__O O_D_NF___ T_M__ F R N a x L NORTX iIC x aoa BEONENT x-a.al rroN a b o.a �, 77RR _ xk•3asa ,<6 ssau n.. o.ap -o�ua y kxa+ss e L x[pox ',3 <2 ARMY AREA SIY-Th a ps pn wrxr 1i xa-saeo Lxr,an+wan.« STATE INDEX xTA a"w n L A - �`���, SpEEt LOCATION Of PROJECT= xk-aaa E�x ar+ra.w I.00 a. / a^ _ NE McN6RY DAMSIYE x. °� . ... ., ,. w .. x-S.xT 2u Tr_a a_ MlLES PROAECT 6 E - ( = + a\ �• I ._OF_ x•su Tw...[ +r..w r r o.n N 4+P '":_ N pL (`• —TRANSPORTATION FACILITIES- x•a o.TO M ,L [ u o ! k-NT N+«eLM1 r a L.m � � • L �/ � .�x ` .e�iLna,t r �. p x •• n r RAILROADS__N__P,_RY____________ I STATE ROADS---------------- __ � a xx•a.ax, D.A.rnrw Trar r m o-as ♦ x„n .xxkxxxo•.aa.xNaTa p l N x.E PP 9 � a +N ,+••..,,•� P FEDERAL MOMS------------------ S o � -AIRLINES ---------------- i ACQUISITION— 3 nr•sasl•ec tir,N9««a.a ay 1 [RH.-aASOH� TOTAL ACRES pj V Za u _ ACRES FEE__________________._ ACRES TRANSF'O TO YAIt ACRES LEASED TO WAR DEPT ACRES LESSER INTERESTS' j --DIVIOSAt-- r TOTAL ACRES DISPOSED OF______T ACHES SOLD HBT WAR DEFT------- _,_' ._ [H ACRES TRAMSF�D R7,pGRDEPE__,��__: ACRES RETRANSFb raDCI'E MDT.�_�� . +•' .] 0 "r'`.,6 EPS�{ O PLk ap ' _ NOTES: ACMES LEASES-TER{fll Ew �- l ••� �Y° ,rq ._ TM1by p-~r.+Iw_I�'MI«+l —W...1— NaE'sawlnp ACMES LESSER IMTV.TERK_.____�_ 1DY9. p.nrpl . nvl+lw plaenW Wear.el.nLlYHleba nrru e \ M+nl Ilea.'IISN r1 b+lnp K 1.-t on+n+r. —LEA ' - ENB—' pg 4� / ® _ - wxTRC�wNTan:ee.l.r Dp.Inplbp s tsrl pbve :, 4' . - - tib bp:bNr ppMh NOTE 119E STNBOLSFRdY t1A.lf-3O co dtx e aN xpx ea b ab. —o me-w i—S,—. R!f 0 FELDNApM pL]lSOri aFiDErp /' seam zos r a EXG[PT RIW Wa A"ai�b Puree.amdd F WI.D,Poae Ja.Re.AsooMn "• RESERYATION.UME--`-=- . • - •"' -a'v'° Q, OoxYl.Riwirvnl AdtlNkrl w M1Nm nettled x VeL Q roM.3q, . . .. Pwl Ncmda 95TO A'S7 CaMSI Aeoe nev4d In WL B.PWn 61.PbL MCad. RESERVATION LWEP--Vk. > {�* �l' Ta.lep Li.a y0rnap 9Yay 19'JI. DAN SRE TeWM L'w Aoprevxd!I MprcM1 1.952 1 aEOI' 3p0'aa+o:v Hm'ialoxaa ra ppixnun'pR!NnW apwMp paN aanlnn. p a' Lease Tract -.w iatllq Lr A.F— a Febrwn IS_sa aESERVOIR SITE hw.r u"d-4- LO Levee 12-1 —a CONTOUR LIMES —Na Af 1t91TlON AL TXORI2ATInx . n + 9 DISPOSAL-------- _______:L s \ e a .. �j - ° aDAra.saMS.w.ILw i 1 ' - • .- _ .+r9dale.Mw n«ns�.a ot�ro ao TRACT NVNBER__________ a = b L - v raasrRa°n.owrDa 4 PEVi810+19 DATE / �`, I6 cw Xr-r63-A Am NY%•J{ RT..•- I _3 n. - yPp DEPARTMENT } w.THE ARRY RY IIi xxLLL r A [xrrN[Da ° _a a aLOCIC 4 L— NORTH PACIFIC.ON ISION ♦N - ® .°u"�a C`s a_s»i»oioleid'°i,lo.a.x r: _ _ - aerArN sr• w - -REAL ESTATE ., �m $ cm Br: GRaL ..: s CxxRxlEx EEkmer R:� M16NARY SOCK AND DAM omep[ _ z.x.e.I...T. s6w vN.NN+m..Lw-F.,w,x.e.xar or x i.s°e — aYtTT 1 COLUMBIA•RIVE Ra OREGON a*AS HI7tlOTON' - aa. SEGMENT, x7(%°, - - up eLaa+IrolnEe.r..a owan-[.[-IwT �j r anr.- �~` -IPxlIr H[F aRTN � - R[COIAY[NO60!'p - .�' A�A-1 PPRaYEO fT DAT4 i'J..1�'lfsa. /( a OeL a A««T a1!a De xX-aa r. ttr RTAL - alpTM e..RU+.. a _ '�o w.w n xTaasz ar DerL�e_e,DLO.era.xz aw.rp+. PIERR SUBDII/ISION � T son .ae« x:-la[o[ f: ENDKL MAStalNaron,Dle. '>:.fwa w: '. •' ;:: SACAGAWEA HERITAGE TRAIL PHASE 2 PASCO PROJECT NO. 06-6-02 Jc 5..x`7 Yf$` • �n i,. .#7E1 - Fi_ i+ a:l `,�I a'� �.(J +` i7aML .-wa"� ��.,, ,�• 3y�4 �a .... e c a1 -S�� �.' � x� ' ,�. s•„ L `�lie+ Vr.'� —YZ 1 W +"f y i '' - F,, F�3f .. 4s 'Y '�R ;• ) s. _ i £ x-� = c `tea - 4 `°�`�#,Y,•_ "`� +� �'i, � i ' c`; Y �t, -+R� , • . `tip "; � s. `y�" ?. :L . "y4 :-ryx�aj+i' `r.i.s � -� -' �` tea. -� � �+ !Fi:S A�� - 3 .., CHARLES KILBURY AINSWaRTH AVE OVERPASS �g _ �� �- + •-' �' ••''"�_.�' Proposed Trail Route__ Ai:r ; - � _ , ^ EXISTING TRAIN# CITYQFPASCr' ��#�• � ti., �CCr u �� EXISTING TRAIL PUR7 OF PASC �V C,Y� DEPARTMENT OF THE ARMY WALLA WALLA DISTRICT,CORPS OF ENGINEERS 201 NORTH THIRD AVENUE WALLA WALLA WA 99362-1878 REPLY TO ATTENTION OF January 25, 2008 Real Estate Division Subject: Amendment No. 2, Lease No. W912-EF-1-04-13, City of Pasco, McNary Project Mr. Stan Strebel Administrative and Community Services Director City of Pasco PO Box 293 Pasco, WA 99301 Dear Mr. Strebel: Enclosed for review and acceptance by the city of Pasco (the city) are two copies of the subject amendment. Please review the amendment carefully and completely. If it is acceptable to the city, please have both copies executed, by Mayor Joyce Olson and complete both copies of the certificate of authority. Return both completely signed copies to me at the address above. Please include a check in the amount of five thousand dollars ($5,000) made payable to F&AO, USAED, WALLA WALLA. The payment will be used to fund engineering and construction inspection expenses. Any funds remaining at the end of the project will be returned to the city. When we receive the two copies and the payment, the amendment will be executed by the government and one completely executed copy returned to the city for use and record. If there are any questions, please call me at 509-527-7324. You may also contact me by e-mail at Paul.S.Shampine@usace.army.miI Sincerely, Paul Shampine Realty Specialist Enclosures AGENDA REPORT TO: City Council February 7, 2008 FROM: Gary Crutchfiel Manager Workshop Mtg.: 2/11/08 Regular Mtg.: 2/19/08 SUBJECT: Rescission of P rchase and Sale Agreement (Davidson) I. REFERENCE(S): 1. Proposed Rescission of Real Estate Purchase and Sale Agreement 2. Resolution H. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 2/11: Discussion 2/19: MOTION: I move to approve Resolution No. rescinding the February 2007 real estate agreement with Michael & Susan Davidson. 111. FISCAL IMPACT: Return of the sale proceeds previously received by city (approximately $54,000) IV. HISTORY AND FACTS BRIEF: A) The city solicited proposals for the sale of Lot 2, Short Plat 2003-05, situated at the southwest corner of the intersection of 5cn & Brown Street, in 2006. City Council selected the Davidson proposal, based. on the combination of purchase price and commitment to build an office building of certain size and in similarity to the adjoining property (Davidson Law Office). The purchase and sale agreement obligated Davidson to substantially complete construction of the building within 18 months of sale. B) Due to personal circumstances, Davidsons have concluded they will not be able to fulfill the obligation to construct by the deadline and prefer to rescind the sale rather than hold the property for future development. V. DISCUSSION: A) In addition to realizing market value for the property, it is important to the city that the property be developed timely and of substantial investment value, thus generating annual, property tax income that does not presently exist. Given the potential for the property to sit vacant for a period of years under the current purchase and sale agreement, staff recommends rescission of the agreement and marketing of the parcel for a new sale agreement and development commitment. 3(b) RESCISSION OF REAL ESTATE PURCHASE AND SALE AGREEMENT In February 2007, Seller, City of Pasco and Purchasers, Michael and Suzanne Davidson entered into a Purchase and Sale Agreement whereby the Seller agreed to sell and the Purchasers agreed to purchase that real property legally described as follows: Lot 2, Short Plat 2003-05, City of Pasco, Franklin County Assessor's Parcel Number 112-152-300 records of Franklin County, Washington, Approximately 25,746 square feet. For the total purchase price of Fifty-Five Thousand and no/100`' ($55,000.00). Title was transferred to Purchasers by Statutory Warranty Deed. Purchasers and Seller have now agreed to a Rescission of that Real Estate Purchase and Sale Agreement. By execution of this Rescission of Real Estate Purchase and Sale Agreement, Seller agrees to return to Purchasers the total purchase price of$55,000.00 less $670.28 in prior costs (net payment of $54,330.72) and release all interest in that certain Certificate of Deposit (Performance Bond) in the amount of$4,000.00, deposited with the City of Pasco at the time of closing, and Purchasers agree to execute a Statutory Warranty Deed in favor of the City of Pasco releasing any and all interest in the above described real property and, further, agree to pay any costs associated with effecting this rescission. DATED this day of February, 2008. PURCHASERS: Michael J.Davidson Suzanne Davidson 1310 N. Fifth Avenue Pasco, WA 99301 SELLER: Gary Crutchfield, City Manager RESOLUTION NO. A RESOLUTION Rescinding the February 2007 Real Estate Agreement with Michael and Susan Davidson. WHEREAS, the city, in February 2007, sold Lot 2, Short Plat 2003-05, situated at the southwest corner of the intersection of Brown Street and 5`h Avenue, to Michael. and Susan Davidson with the condition that an office building of substantial similarity to the office building next door be completed within 18 months of the sale; and WHEREAS, the Davidsons have determined, due to circumstances unanticipated at the tune of sale, that they cannot fulfill the construction obligation of the contract of sale; and WHEREAS, both parties (City and Davidsons) prefer to rescind the sale in lieu of other options; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1: That the City Council hereby authorizes and directs the City Manager to execute the rescission of Real Estate Purchase and Sale Agreement attached hereto as Exhibit "A." PASSED by the City Council of the City of Pasco this 18th day of February, 2008. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT TO: City Council February 6, 2009 FROM: Gary Crutchfi Manager Workshop Mtg.: 2/11/08 Regular Mtg.: 2/19/08 SUBJECT: Juvenile Detention Contract I. REFERENCE(S): 1. Proposed Contract II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 2/11: Discussion 2/19: MOTION: I move to approve the contract with the Benton-Franklin Counties Juvenile Justice Center for juvenile detention services and, further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: $50/day; same as prior contract IV. HISTORY AND FACTS BRIEF: A.) The City of Pasco operates its own Municipal Court. Although most juvenile crime is statutorily reserved to Superior Court and the County Prosecutor's office, a few criminal traffic violations are directed to Municipal Court. Those include juvenile DUI, hit and run, reckless driving, etc. Because the adjudication of these cases can result in detention time, the city must have available an appropriate facility for convicted offenders (juveniles cannot be detained in the county jail). B) The city has long contracted with the Juvenile Justice Center located in Kennewick and operated by Benton and Franklin counties. The contract provides that the center will detain those offenders properly directed to it by Municipal Court in exchange for the payment of a daily fee of $50/day for such detention service. V. DISCUSSION: A) The proposed contract provides for the same basic provisions (availability and cost), but does include a mutual indemnity clause and a 90-day notice provision for termination. B) Given the need for this service and the terms and conditions of the proposed contract, staff.recommends approval. 3(c) Hon.Dennis R_Yule BENTON—FRANKLIN COUNTIES JUVENILE JUSTICE Hon.Craig J.Mafhe5on Hon.Vic L.Vander5choor �=•°^",g„x,,, �, Hon.Robert G-Swisher e�t�`.� Hon.Carrie Runge CENTER Hon.Cameron Mitchell . SHARON PARADIS,Administrator Juvenile Court Services SUPERIOR COURT OF THE STATE OF WASHINGTON O JOSEPH MCHN NE JOSEPH R I R.SIDER JERRI G.POTTS 5606 W CANAL.PLACE,SUITE 106-KENNEWiCK,WASHINGTON 99336-1388 court Commissioners PHONE(509)783-2151 -FAX (509)736-2728 FEE FOR SERVICES RENDERED CONTRACT BETWEEN BENTON AND FRANKLIN COUNTIES SUPERIOR COURT JUVENILE DIVISION, AND THE CITY OF PASCO, WASHINGTON This Contract is made and entered into by and between Benton County, a political subdivision, with its principal offices at 620 Market Street, Prosser, WA 99350 and Franklin County, a political subdivision, with its principal offices at 1016 North Fourth Avenue, Pasco, WA 99301, by and for the Benton-Franklin Counties Juvenile Justice Center, a bi-county agency located at 5606 W. Canal Place STE 106, Kennewick, WA 99336 (hereinafter collectively referred to as "Counties"), and the City of Pasco, a Washington Municipal Corporation (City) with its principal offices at 525 North Third Avenue, Pasco, Washington, 99301, (hereinafter"City"). In consideration of the mutual benefits and covenants contained herein, the parties agree as follows: 1. DURATION OF CONTRACT The term of this Contract shall begin January 1, 2008, and shall expire on December 31, 2008, and will renew for successive one-year periods on January 1 of each year unless the Counties notifies the City no later than October 1 that the Counties is not renewing this Contract for the following year. The Counties shall complete all work by the time(s) specified herein, or if no such time is otherwise specified, no later than the expiration date. 2. SERVICES PROVIDED A. The City requires a facility to detain 16-year-old and 17-year-old juveniles offenders ordered to detention by the City Municipal Court for traffic and other misdemeanor offenses. B. The Counties is authorized and willing to detain such juveniles at the Juvenile Justice Center located at 5606 W Canal Place in Kennewick, Washington. C. To the extent that bed space is available, the Counties shall detain 16-year-old and 17-year-ofd juveniles ordered to detention by the City Municipal Court. The terms and conditions of detention shall be in strict compliance with the applicable Municipal Court Order. City of_Pasco_Contract_2008_Renewable.doc Page 1 of 5 D. The Counties is not required to open new or unused facilities to house City referred juveniles, nor is it required to hire additional staff, above that level of staffing in existence on the effective date hereof. E. The City, at its own cost, shall transport its juveniles to and from the Benton-Franklin Counties Juvenile Justice Center. 3. CONTRACT REPRESENTATIVES Each party to this Contract shall have a contract representative. Each party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: A. For CITY: Gary Crutchfield, City Manager City of Pasco 525 N Third AVE Pasco WA 99301 Phone: (509) 544-3080 B. For COUN-r1ES: Sharon Paradis, Juvenile Court Administrator Benton-Franklin Counties Juvenile Justice Center 5606 W Canal PL STE 106 Kennewick WA 99336 Phone: (509) 736-2724 4. COMPENSATION A. The City shall pay $50.00 per day, per juvenile detained in the Juvenile Detention Center. B. The Counties shall submit a monthly-itemized statement setting forth the number of City juveniles detained, the number of days each juvenile was detained in the center and the amount due from the City for service provided in the preceding month. C. The City shall pay the Counties for services rendered within thirty (30) days from the date of receipt of invoice. D. No payment shall be made for any work performed by the Counties, except for work identified and set forth in this Contract. 5. AMENDMENTS AND CHANGES IN WORK No amendment, modification or renewal shall be made to this Contract, unless set forth in a written Contract Amendment signed by authorized representatives of both parties. Work under a Contract Amendment shall not proceed until the Contract Amendment is duly executed by the Administrator of Renton-Franklin Juvenile Justice Center and both Benton and Franklin Counties Boards of County Commissioner's Chairperson and shall not be binding until so approved. City_of Pasco_Contract_2008_Renewable.doc page 2 of 6 6. HOLD HARMLESS AND INDEMNIFICATION The City shall hold harmless, indemnify and defend the Counties, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages, and judgments of any nature whatsoever, including reasonable costs and attorneys' fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the City's acts, errors or omissions in the performance of this Contract. PROVIDED, that the City's obligation hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the Counties, its officers, officials, employees or agents. The County shall hold harmless, indemnify and defend the City, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages, and judgments of any nature whatsoever, including reasonable costs and attorneys' fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of 'the County's acts, errors or omissions in the performance of this Contract. PROVIDED, that the County's obligation hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the City, its officers, officials, employees or agents. 7, TERMINATION A. The Counties may terminate this Contract in whole or in part whenever the Counties determine, in its sole discretion, that such termination is in the best interests of the Counties. The Counties may terminate this Contract upon giving ninety (90) days written notice by certified mail to the City_ B. If either party herein breaches any of its obligations hereunder and fails to cure the breach within ninety (90) days of written notice to do so by the non-breaching party, the non-breaching party may terminate this Contract by providing written notice by certified mail to the breaching party. C. In the event this Contract is terminated by either party prior to end of a calendar month.. the City shall pay the Counties on a pro-rated basis for services performed up to the termination date. 8. ASSIGNMENT, DELEGATION AND SUBCONTRACTING A. The Counties shall perform the terms of the Contract using only its bona fide employees or agents, and the obligations and duties of the Counties under this Contract shall not be assigned, delegated, or subcontracted to any other person or firm without the prior express written consent of the CITY_ B. The Counties warrants that it has not paid nor has it agreed to pay any company, person, partnership, or firm, other than a bona fide employee working exclusively for Counties, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Contract. City_of�Pasco_Contract_2008_Renewable.doc Page 3 of 5 9. NON WAIVER OF RIGHTS The parties agree that the excuse or forgiveness of performance, or waiver of any provision(s) of this Contract does not constitute a waiver of such provision(s) or future performance, or prejudice the right of the waiving party to enforce any of the provisions of this Contract at a later time. 10. COMPLIANCE WITH LAWS Both parties agree to comply with all applicable federal, state and local laws, rules and regulations in performing this Contract. 11. NONDISCRIMINATION Both parties agree that each party, its assignees, delegates, or subcontractors shall not discriminate against any person in the performance of any of its obligations hereunder on the basis of race, color, creed, religion, national origin, age, sex, marital status, veteran status, the presence of any disability, or based on any other protected status. 12. DISPUTES Differences between the City and the Counties, arising under and by virtue of this Contract, shall be brought to the attention of the parties at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance and/or compensation due the Counties shall be decided by the Counties' Contract Representative or designee. All rulings, orders, instructions and decisions of the Counties' Contract Representative shall be final and conclusive, subject to the City's right to seek judicial relief. 13. CHOICE OF LAW, JURISDICTION AND VENUE A. This Contract has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this contract shall be governed by the laws of the State of Washington, both as to its interpretation and performance. B. Any action at law, suit in equity, or judicial proceeding arising out of this Contract shall be instituted and maintained only in any of the courts of competent jurisdiction in Benton and Franklin Counties, Washington. 14. SUCCESSORS AND ASSIGNS The Counties, to the extent permitted by law, and the City each bind themselves, their partners, successors, executors, administrators, and assigns to the other party to this Contract and to the partners, successors, administrators, and assigns of such other party in respect to all covenants to this Contract. 15. SEVERABILITY A. If a court of competent jurisdiction holds any part, term or provision of this Contract to be illegal, or invalid in whole or in part, the validity of 'the remaining provisions shall City—of Pasco—Contract 2008_Renewable,doc Page 4 of 5 not be affected, and the parties' rights and obligations shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. B. If it should appear that any provision of this Contract is in conflict with any statutory provision of-the State of Washington, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform to such statutory provision. 16. ENTIRE AGREEMENT The parties agree that this Contract is the complete expression of its terms and conditions. Any oral or written representations or understandings not incorporated in this Contract are specifically excluded. 17. NOTICES Any notices shall be effective if personally served upon the other party or if mailed by registered or certified mail, return receipt requested, to the addresses set out in the Contract Representatives Section of this Contract. Notice may also be given by facsimile with the original to follow by regular mail. Notice shall be deemed to be given three days following the date of mailing or immediately, if personally served_ For service by facsimile, service shall be effective at the beginning of the next working day. The parties have caused this Contract to be signed as follows: City of Pasco Benton Franklin Counties Juvenile Justice Center Gary Crutchfield Date Sharon A. Paradis Date Ci Manager Juvenile Court Administrator BENTON COUNTY APPROVAL FRANKLIN COUNTY APPROVAL Approved as to Form: Approved as to Form: Agreed Review Performed by Franklin County Sarah Villanueva, Deputy Prosecuting Attorney Date Ryan Verhulp, Civil Deputy Prosecuting Attorney Date By: By: Name: Name: Title: Chairman. Board of Commissioners Title: Chairman. Board of Commissioners Date: Date: Attest: Attest: Clerk of the Board: Clerk of the Board: Cit I Pasw_Contract 2008_Renewable.doc Page 5 of 5 AGENDA REPORT TO: City Council January 25,2008 FROM: Gary Crutchfi Manager Workshop Mtg.: 1/28/08 Re-Submitted—Workshop Mtg.: 2/11/08 SUBJECT: 2007 Communi y Survey I. REFE 2ENCE(S): 1. 2007 National Citizen Survey for Pasco (Council packets only) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 2/11: Discussion 111. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) The city contracted with the National Research Center in Colorado in 2005 to conduct the first "National Citizen Survey" (a trademarked, uniform survey methodology) in Pasco. The survey information was subsequently used in developing Council goals for the 2006-2007 biennium. B) The National Research Center was again contracted in 2007 to conduct the survey for the city. The attached documents report the results of that survey. V. DISCUSSION: A) The survey reflects a lower response rate (only 244) than the 2005 survey (304 respondents); still, the results are statistically valid with an error factor of 6%. B) Generally, the 2007 survey reflects slightly lower ratings of services and community characteristics than did the 2005 survey. In addition to the smaller pool of respondents, the survey reflects that a much higher percent of the respondents felt the economy was a positive factor in 2005 than in 2007 (32% vs. 23%); thus, the survey ratings in general may reflect a more negative backdrop for evaluation. C) Probably the most notable changes are found in the "major problems" ranking. "Unsupervised youth," ranked 29 in 2005, was ranked 50 in 2007 (second only to "drugs" at 51). "Graffiti," an activity somewhat related to unsupervised youth, grew from 17 to 25. Other problem areas that have grown substantially in perceived magnitude are "homelessness" (from 13 to 21) and "traffic congestion" (from 11 to 19). D) The respondents' perception of local government remains virtually the same, as percents moved between only one and three points for the various factors. E) In addition to the standard survey questions, the city included three policy questions designed to gauge the opinion of the community regarding three particular, current issues. The results are as follows: • Downtown Revitalization: To what extend do you support or oppose the city taking a more active role in working to improve the downtown business area? o 92% somewhat or strongly support this notion (54% strongly support it); only 2% strongly oppose it. 3(d) Corridor Aesthetics: To what extent do you support or oppose the city installing and maintaining landscaping along select major,street corridors to improve the appearance of the community? o 89% of the respondents somewhat or strongly support this idea (57% strongly support it); and only 1% strongly oppose it. Swimming Pools: As you may know, the three public pools in Pasco are in need of complete renovation. As an alternative, to what degree would you .support or oppose the city building a new water park (including a pool slide and other water features) that would replace one (or possibly two) existing swimming pools? o 78% somewhat or strongly support the construction of a contemporary water park, even if it means one or two existing pools would be closed(only 8% strongly opposed). F) The survey document will be used by staff in comparing proposals for Council consideration at its Council retreat in March. The entire survey document will be posted on the city's website within the next week, so that anyone can view the comparative results.