HomeMy WebLinkAbout2008.02.19 Council Meeting Packet AGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. February 19, 2008
Please note that our Council Meeting will take place on Tuesday,February 19
as City Hall will be closed Monday, February 18 in honor of Presidents' Day,
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance.
3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the
City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be
no separate discussion of these items. If further discussion is desired by Councilznembers or the public,
the item may be removed from the Consent Agenda to the Regular Agenda and considered separately.
(a) Approval of Minutes:
1. Minutes of the Pasco City Council Meeting dated February 4,2008.
(b) Sills and Communications: (A detailed listing of claims is available for review in the Finance
Manager's office.)
1. To approve General Claims in the amount of $73,319.04 ($73,319.04 consisting of Claim
Warrants numbered. 164379 through 164399). (2007 Expenses)
2. To approve General Claims in the amount of$831,109.96 ($98,447.54 in the fonn of Wire
Transfer Nos. 4906 and 4909; $51,148.36 consisting of Claim Warrants numbered 164375
through 164378; and., $681,514.06 consisting of Claim Warrants numbered 164400 through
164631). (2008 Expenses)
3. To approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts,
miscellaneous accounts and Municipal Court non-criminal, criminal and parking accounts
receivable in the total amount of$185,435.43 and, of that amount, authorize $138,782.92 be
turned over for collection.
(c) 2008 .Interlocal Agreement for Correctional Facilities Use:
1. Agenda Report from Denis Austin, Chief of Police dated February 14, 2008.
2. Proposed Agreement (Council packets only; copy available in the Police Department, the
Pasco Library or on the city's website at www.12asco-wa.gov for public review).
To approve the 2008 Interlocal Agreement with Franklin County for Correctional Facilities Use
and, further.,authorize the Mayor to sign the agreement.
(d) Amendment to Lease for Pasco Boat Basin,Levee 1.2-1 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.
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.
(e) Juvenile Detention Contract:
1. Agenda Report from Gary Crutchfield,City Manager dated February 6,2008.
2. Proposed Contract.
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.
(f) Resolution No. 3068, a Resolution rescinding the February 2007 Real Estate Agreement with
Michael and Susan 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.
To approve Resolution No. 3068, rescinding the February 2007 Real Estate Agreement with
Michael and Susan Davidson.
txc} MOTION: I move to approve the Consent Agenda as read.
Regular Meeting 2 February 19, 2008
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a)
(b)
(c)
5. VISITORS - OTHER THAN AGENDA ITEMS:
(a)
(b)
(c)
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers
(b)
(c)
7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
(None)
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
(None)
9. UNFINISHED BUSINESS:
(a) Butterfield WTP Modifications Valves Replacement and Weirs Installation, Project No. 07-
2-05:
1. Agenda Report from Michael McShane,City Engineer dated February 15, 2008.
2. Vicinity Map.
3. Bid Summary.
4. Letter from Bronson Brown,Kerr Law Group, dated 2/15/08.
5. Letter from T. Krutsch,CH2MHill, dated 1/25/08.
6. Letter from G. Bestebreur,Poland &Sons,Inc., dated 1/28/08.
7. Letter from G. Bestebreur,Poland& Sons, Inc., dated 2/1/08.
(Note: attachments 5, 6 & 7 are in Council packets only; copy available in City Engineer's
office for public review.)
(RQ MOTION: 1 move to award the low bid for the Butterfield WTP Modifications Valves
Replacement and Weirs Installation, Project No. 07-2-05 to Intermech/Thompson in the amount
of $396,506.00 plus applicable sales tax and, further, authorize the Mayor to sign the contract
documents.
10. NEW BUSINESS:
*(a) Road 84/Argent.Server and Water Improvements,Project No.07-1-06:
1. Agenda Report from Michael McShane,City Engineer dated February 13,2008.
2. Bid Summary.
3. Vicinity Map.
SRC} MOTION: I move to award the low bid for the Road 84/Argent Sewer and Water Improvements,
Project No. 07-1-06 to R.otschy, Inc. in the amount of$715,279.68 plus applicable sales tax and,
further, authorize the Mayor to sign the contract documents.
*(b) 2008 WWTP Expansion (Solids Thickening Facilities) Project No. 08-1-02:
1. Agenda Report from Michael McShane,City Engineer dated February 13,2008.
2. Bid Summary.
3. Vicinity Map.
(RQ MOTION: I move to award the low bid for the 2008 WWTP Expansion (Solids Thickening
Facilities) Project No. 08-1-02 to Fowler General Construction in the amount of$1,459,727.00
plus applicable sales tax and,further, authorize the Mayor to sign the contract documents.
*(c) Baseball Stadium Seating Improvements:
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
February 14, 2008.
2. Bid Summary.
(RQ MOTION: I move to award the bid for the Baseball Stadium Seating Improvements to Nor-Pac
Seating Co.,Inc., in the amount of$94,910.00 plus applicable Washington State sales tax, for the
Base Bid and Alternate No. 1 and, further, authorize the Mayor to sign the construction contract.
Regular Meeting 3 February 1.9,2008
11. MISCELLANEOUS DISCUSSION:
(a)
(b)
(c)
12. EXECUTIVE SESSION:
(a)
(b)
(c)
13. ADJOURNMENT.
(RC) Roll Call.Vote Required
* Item not previously discussed
MF# "Master File#...."
Q Quasi-Judicial Matter
REMINDERS:
1. 6:00 p.m., Tuesday, February 19, Conference Room #1 —LEOFF Disability Board Meeting. (MAYOR
JOYCE OLSON and COUNCILMEMBER MATT WATKINS)
2. 5:30 p.m., Wednesday, February 20, Roy's Smorgy—Benton, Franklin & Walla Walla Counties Good
Roads & Transportation Association.Board Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.;
AL YENNEY, Alt.)
3. 12:00 p.m., Thursday, February 21, 720 W. Lewis Street—Pasco Downtown Development Association
Board Meeting. (COUNCILMEMBER AL YENNEY,Rep.; MATT WATKINS,Alt.)
4. 4:00 p.m., Thursday,February 21, 3416 Stearman Avenue-•Solid Waste Advisory Committee.Meeting.
(COUNCILMEMBER MIKE GARRISON and TOM LARSEN, Reps.; MAYOR JOYCE OLSON and
COUNCILMEMBER MATT WATKINS, Alts.)
5. 7:00 p.m., Thursday,February 21, Pasco Senior Center, 1315 N. 7"' Street--Community Forum.
MINUTES
REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 4, 2008
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor.
ROLL CALL:
Councilmembers present: Rebecca Francik, Michael Garrison, Robert Hoffmann, Tom
Larsen, Joyce Olson, Matt Watkins and Al Yenney.
Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan
Strebel, Administrative & Community Services Director; Michael McShane, City
Engineer; Capt. Mike Aldridge, Police Department; Jeff Adams, Associate Planner;
Reuel Klempel, Plant Division Manager and Jess Greenough, Field Division Manager.
The meeting was opened with.the Pledge of Allegiance.
CONSENT AGENDA:
(a) Approval of Minutes:
Minutes of the Pasco City Council Meeting dated January 22, 2008.
(b) Bills and Communications:
To approve General Claims in the amount of$194,044.19 ($].94,044.19 consisting of
Claim Warrants numbered 164142 through 164202). (2007 Expenses)
To approve General Claims in the amount of$837,004.81 ($136,691.71 in the form of
Wire Transfer Nos. 4895 and 4898; $112,313.39 consisting of Claim Warrants numbered
164136 through 164141; and, $587,999.71 consisting of Claim Warrants numbered
164203 through 164374). (2008 Expenses)
To approve Payroll Claims in the amount of$1,589,598.49, Voucher Nos. 37449 through
37540; and EFT Deposit Nos. 30020862 through 30021342.
(c) Resolution No. 3063, a Resolution fixing the time and date for a public
hearing to consider the vacation of a portion of Chestnut Street and "C" Street.
To approve Resolution No. 3063, fixing 7:00 p.m., March 3, 2008 as the time and date
for a public hearing to consider the proposed vacation.
(d) Resolution No. 3064, a Resolution fixing the time and date for a public
hearing to consider the vacation of a portion of the utility easement located south of
and parallel to the Tri-Cities Prep School building.
To approve Resolution No. 3064, fixing 7:00 p.m., March 3, 2008 as the time and date
for a public hearing to consider the proposed vacation.
(e) Resolution No. 3065, a Resolution fixing the time and date for a public
hearing to consider the vacation of a portion of the alley located in Block S, Long's
First Addition.
To approve Resolution No. 3065, fixing 7:00 p.m., March 3, 2008 as the time and date
for a public hearing to consider the proposed vacation.
(f) Resolution No. 3066, a Resolution accepting work by Siefken & Sons
Construction, Inc., under contract for Softball Complex Storage Facility Project.
To approve Resolution No. 3066, accepting the work performed by Siefken & Sons
Construction, Inc., under contract for the Softball Complex Storage Facilities Project.
3(a)A
MINUTES
REGULAR MEETI]IG PASCO CITY COUNCIL FEBRUARY 4, 2008
MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Garrison
seconded. Motion carried by unanimous Roll Call vote.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Mr. Watkins reported that he, Ms. Francik and Messrs. Yenney and Larsen attended the
annual. A.WC Conference in Olympia.
Mr. Garrison attended the TC Visitor& Convention Bureau board meeting, TRIDEC
board meeting and the Hanford Communities Governing board meeting.
Mr. Yenney reported on the AWC Conference in Olympia.
Mr. Larsen attended the Emergency Medical Services board meeting.
Mayor Olson gave the State of Pasco address at the Tri-City Chamber of Commerce
meeting and attended the Franklin County Emergency Management Council meeting.
Mayor Olson reported the Mayor of Walla Walla thanked her for Pasco's assistance with
clean up after the January wind storm.
ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
Resolution No. 3067, a Resolution accepting work performed by Transtate Paving
Company under contract for the Burden Boulevard Widening, Project No. 05-3-06.
MOTION: Mr. Watkins moved to approve Resolution No. 3067, accepting the work
performed by Transtate Paving Company, under contract for the Burden Boulevard
Widening, Project No. 05-3-06. Mr. Garrison seconded. Motion carried unanimously.
NEW BUSINESS:
Water Sampling Station Installation, Project No. 07-2-05:
Council and staff discussed the project.
MOTION: Mr. Watkins moved to award the low bid for the Water Sampling Station
Installation, Project No. 07-2-05 to Sharpe & Preszler Construction Company, Inc., in the
amount of$43,505.00 plus applicable sales tax and, further, authorize the Mayor to sign
the contract documents. Mr. Garrison seconded. Motion carried unanimously.
Butterfield WTP Modifications Valves Replacement and Weirs Installation, Project
No. 07-2-05:
Mr. Crutchfield and Mr. Kerr updated Council on the status of the bid award,
noting that the legal action initiated by the second-low bidder does not permit the
Council to act on the bid award.
MOTION: Mr. Watkins moved to table consideration of this bid award until the
February 19t" regular meeting. Ms. Francik seconded. Motion carried unanimously.
Special Permit: Placement of Wireless Communication Equipment at 6520 W.
Court Street (Verizon Wireless) (MF#SP07-012):
Council and staff discussed the proposed Special Permit recommendation.
MOTION: Mr. Watkins moved to approve the special permit for the location of wireless
communication equipment at 6520 West Court Street as recommended by the Plannin4
Commission. Mr. Garrison seconded. Motion carried 6-1. No—Larsen.
2
MINUTES
REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 4, 2008
MISCELLANEOUS DISCUSSION:
Mr. Watkins recognized Pasco High School Students in the audience, working on earning
Scouting badges.
EXECUTIVE SESSION:
Council adjourned to Executive Session at 7:32 p.m. for approximately 30 minutes to
consider acquisition of real estate and to discuss litigation or potential litigation with
legal counsel.
Mayor Olson called the meeting back to order at 8:03 p.m.
ADJOURNMENT:
There being no further business,the meeting was adjourned at 8:03 p.m.
APPROVED: ATTEST:
Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk
PASSED and APPROVED this 19`h day of February, 2008.
3
CITY OF PASCO
Council Meeting of:
February 19, 2008
Accounts Payable Approved
The City Council
City of Pasco, Franklin County,Washington
We,the undersi d,d re certify under penalty of perjury that the materials have been furnished,the
services rende or a tabor pe rmed as described herein and that the claim is a just, due and unpaid
obligation aga' t th city and that a are authorized to authenticate and certify to said clai
ti
Gary Crut field, City I Manag James W. ChaW, Finance Manager
We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington,
do hereby certify that the merchandise or services hereinafter specified have been received;that Check No.s
164379 through 164399 are approved for payment in the amount of$73,319.04 on this 19th day of February,2008.
Councilmember Councilmember
SUMMARY OF CLAIMS/WIRE TRANSFERS BY FUND:
GENERAL FUND:
Legislative 0.00
Judicial 418.36
Executive (5.59)
Police 1,007.94
Fire 5,759.00
Administration&Community Services 9,499.11
Community Development 45.21
Engineering 230.25
Non-Departmental 15,128.92
Library 0.00
TOTAL GENERAL FUND: 32,083.20
STREET 3,833.91
C. D. BLOCK GRANT 15,023.43
KING COMMUNITY CENTER 0.00
AMBULANCE SERVICE 672.00
CEMETERY 0.00
ATHLETIC PROGRAMS 0.00
SENIOR CENTER 10.01
MULTI MODAL FACILITY 0.00
RIVERSHORE TRAIL& MARINA MAIN 0.00
LITTER CONTROL 0.00
REVOLVING ABATEMENT 0.00
PARKS FUND 0.00
TRAC DEVELOPMENT 0.00
STADIUM/CONVENTION CENTER 0.00
SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00
METRO DRUG TASK FORCE 0.00
ME-FRO DRUG FORFEITURE FUND 20.80
GENERAL CONSTRUCTION 0.00
WATER/SEWER 20,035.69
EQUIPMENT RENTAL-OPERATING 1,590.00
EQUIPMENT RENTAL-REPLACEMENT 0.00
MEDICAL/DENTAL INSURANCE 50.00
CENTRAL STORES 0.00
FIRE PENSIONS 0.00
PAYROLL CLEARING 0.00
LID CONSTRUCTION 0.00
GRAND TOTAL ALL FUNDS: $ 73,319.04
2007 EXPENSES
3(b).1
CITY OF PASCO
Council Meeting of:
February 19, 2008
Accounts Payable Approved
The City Council
City of Pasco, Franklin County,Washington
We,the under ' ne , do he ify under penalty of perjury that the materials have been furnished,the
services rende ed r the Eand 5t�h2alFie ed as described herein and that the claim is a just, due and unpaid
obligation ag in the cit are au thorized to authenticate and certify to said cl '
�,,.. 4,
Gary Crutc ield,lefty nager James W. C se, Finance Manager
We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington,
do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer
No.s 4906 and 4909 in the amount of$98,447.54, have been authorized;that Check No.s 164375 through
164378 are approved for payment in the amount of$51,148.36; and Check No.s 164400 through 164631
are approved for payment in the amount of$681,514.06,for a combined total of$831,109.96 on this
19th day of February,2008.
Councilmember Councilmember
SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND:
GENERAL FUND:
Legislative 1,548.43
Judicial 12,545.09
Executive 7,322.31
Police 53,748.54
Fire 6,082.70
Administration&Community Services 93,519.97
Community Development 1,200.54
Engineering 2,289.15
Non-Departmental 75,625.95
Library 2,169.60
TOTAL GENERAL FUND: 256,052.28
STREET 54,910,59
C. D. BLOCK GRANT 8,355.45
KING COMMUNITY CENTER 3,317.74
AMBULANCE SERVICE 2,601.23
CEMETERY 2,979.78
ATHLETIC PROGRAMS 469.00
SENIOR CENTER 5,973.13
MULTI MODAL FACILITY 2,241.65
RIVERSHORE TRAIL&MARINA MAIN 0.00
LITTER CONTROL 0.00
REVOLVING ABATEMENT 713.50
PARKS FUND 0.00
TRAC DEVELOPMENT 0.00
STADIUM/CONVENTION CENTER 0.00
SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00
METRO DRUG TASK FORCE 13,807.44
METRO DRUG FORFEITURE FUND 178.96
GENERAL CONSTRUCTION 3,013.57
WATER/SEWER 134,840.05
EQUIPMENT RENTAL-OPERATING 37,765.36
TRI CITY ANIMAL CONTROL 714.11
MEDICAL/DENTAL INSURANCE 98,747.54
CENTRAL STORES 2,645,45
FIRE PENSIONS 1,015.81
PAYROLL CLEARING 34,071.70
LID CONSTRUCTION 166,695.62
GRAND TOTAL ALL FUNDS: $ 831,109.96
2008 EXPENSES
3(b).2
AGENDA REPORT
FOR: City Council DATE: 2/13/08
TO: Gary Crutchf anager REGULAR: 2/19/08
Sta e 1 nis tive&Community Services Director
FROM: JihLCha m 11 Manager
SUBJECT: BAD D T WRITE-OFF'S/COLLECTION.
I. REFERENCE(S):
Write-off and collection lists are on file in the Finance Department.
1I. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
MOTION: I move to approve bad debt write-offs for utility billing, ambulance, cemetery, general
accounts, miscellaneous accounts and Municipal Court non-criminal, criminal and parking
accounts receivable in the total amount of $185,435.43 and, of that amount, authorize
$138,782.92 be turned over for collection.
Ill. HISTORY AND FACTS BRIEF:
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs are under
$10 with no current forwarding address,or are accounts in"occupant" status. Accounts submitted for
collection exceed$10.00.
2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs
including DSHS and Medicare customers; the law requires that the City accept assignment in these
cases.
3. COURT ACCOUNTS RECEIVABLE-These are all delinquent non-criminal and criminal fines, and
parking violations over 30 days past due.
4. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are
either un-collectable or have been assigned for collections because the property owner has not
complied or paid the fine. There are still liens in place on these amounts which will continue to be in
effect until the property is brought into compliance and the debt associated with these liens are paid.
5. CEMETERY—These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed$10.00.
6. GENERAL- These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed$10.00.
7. MISCELLANEOUS- These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed$10.00.
Amount
Direct Referred to Total
Write-offs Collection Write-offs
Utility Billing $ .00 6,141.70 6,141.70
Ambulance $ 46,652.51 15,728.22 62,380.73
Court A/R $ .00 116,150.00 116,150.00
Liens $ .00 710.00 710.00
Cemetery $ .00 .00 .00
General $ .00 53.00 53.00
Miscellaneous $ .00 .00 .00
TOTAL: $ 46,652.51 138,782.92 185,435.43
IV, ADMINISTRATIVE ROUTING:
cc: Dot French,Municipal Court Clerk
3(b).3
AGENDA REPORT
For City Council February 14, 2008
To Gary Crutchfi Manager Regular Mtg.: 2/19/08
From Denis Austin, hief of Police
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:
2/19 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.
ITI. FISCAL IMPACT:
$1,752,009
IV HISTORY 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 Tnformation
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(e)
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.
III. 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 corpensation 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).
Interlocal Agreement for Correctional Facilities Use- Page 2
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 Vt 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 15t" 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)
Interlocal Agreement for Correctional Facilities Use- Page 3
until total reimbursement has been completed. The City agrees to pay shortages, billed
within 30 days of receipt of such billing.
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.
Interlocal Agreement for Correctional Facilities Use- Page 4
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 IILEADS 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:
Robert E. Koch
Deputy City Clerk Commissioner
APPROVED AS TO FORM:
Leland B. Kerr Rick Miller
City Attorney Commissioner
Richard Lathim
Franklin Coun Sheriff
APPROVED AS TO FORM:
Rya erh Ip
Chief Civil Deputy Prosecuting Attorney
Interlocal Agreement for Correctional Facilities Use - Page 9
AGENDA REPORT
FOR: City Council January 26, 2008
TO: Gary Crutchfie Manager
FROM: Stan Strebel, 1x ini trative and Community Workshop Mtg.: 2/11/08
_1J
Services Direr 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 CIP 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 13`h 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(d)
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�M �ti PROJECT MAP
ACQUISITION TRACT REGIS TER _^---• - _ - AQENCYs_kUL.._QF_THg.:±EiR
TRACT •LANDOWNER'. s c,ee... REMARKS x •PI.x
STATE--WASH"W4H________
v •J,�� FRANRLI
s>aaES[NrrT olx. '" A S f I• N T O N CDYNT`[_______N-__-_____.__
i s n Prx t r N \ bIV1510N_NORTH_PACIFIC_________
SEWENT WALLA WA A
DISTRICT__-_-__LL-------------
- NTr•FwY re. » _ —_ .°N xwF*SK' R 4E ARMY AREA �Tll_ .
•}d'RA w. �°
r.drtc aH.r[ca I.m - .
STATE- IMOE% v �!, ��• [app "-LOCATION OF PROJECT=
YY•Sa<2 [.M vwWl..ry I aD W A L A , �
aiasa w. s wlvw AR w - �p 22 MILES NE_OF_MGNARY DMISITE-_
[- a x! a M'. x.EO ° ra .. s• n w rs r r w. 1 .
Yx-TN. cLPI]Irr.l rr.w I.]! re_e s. E N T O N w A rL4 _MILES OF_ PASCO___
R�lN! AR rr.iN D.[D ►AD ECT 5 E/ \J -E, "\ 1� -
rx-sa<! var.a. d.M 0' Jt%O 3• �\u, � dx {�['r� wl./ ' !
+p arm DD 8 /\/\✓+,, - - -TRANSPORTATION FACILITIES-
]aT3 at
a.ir[ - H �,\\J� _ x6[ y�E° y _ R.[ILROADS_-?IP RY._____-___-__
3.,. IaY.. M.. o. A £{�\j �"Y
V �' f�S+ � � STATE ROADS__________________ �
n r.:i.rr • ^: Y
%x-ia[v O'R E MOY a }? .aMiPN � FEDERAL ROADS_______________
s.w
MF+'' AIRLINES---------------____s_
%r3aaFIE MH H.Hrw H H. L a�.Y $J
_ —ACAUISITlDA3—
[Lrn.r r..s H4 �`• rc.lYO'-IUwM _ _
TOTAL ACRES ACOUIR£O_-___.._-
ACRES FEE----------------
ACRES TRANSF`D T.O WAR DEPT__-__.. rl
ACRES LEA:IEV TO WAR DOM
•�I w ACRES'LESSE11 1NTERESU
DISPOSALk
TOTAL ACRES DISPOSED OF
ACRES SOLO CY WAR VIFT._________ T
ACRES.TRANSFbBY M[xR.DEYE'__-..•.��: 'P
ACRES RETRANSF'DTODDW'TADQE__
y� NOES: ACRES LEASES TERVMAU.*s_ �_._
TH.Jnvwlq"i-1011]I of P:d'PM[M OCC way.w[ ACRES LESSER IMTg TERM.--_.—_
pN.d...WI.,-N19 o...M,xs lN4.l
} rs W-il.-brew.a!oajxHlfi.Wr o.NN, {
prrM.rreMad aw.rrar -
•,\ zln[IHtw.Lm.otw.I.rgxl....... ^- LEGEND— t
Y
COxiR0. ANTDM privNr a..rwen s 4H mon j>
pxF.wlsr pv u - - MOTE:"SS SYY[OLS:FRtiM FN.y-3D
.Q[PT IaBIOfiL9 NaMlM[)PIIGES YI]b G.M.
IL W.0 eM1..l'.nlPnd k.rM wbrr�Ylvn G4di-Sy..,
�adyy SrY1M1 rpY - EXCEPT
F0.1"A-,`v ro Ibpe rwvd.e In Ye[W.h[r 41�Ppl Mcada
0-M".RiixRprt AIw.R ro.axm nW.4 M VaL S,IMp[N,
CO-W Aofr-I-H N W.8,Po9.N.PM]R[vsidL PESEWATION LINEMvxw YYi'01
I, Day 5,+ [y. A�MRADD[OMI3I - Tokl.9 Lfm r.vr.rrd OH"1964, - DA4 SITE hvu.r u
Rrwsad Taking Linr Aipvrrd It M-161252 Y1-'-T---
• - 340•ce.r.r lirx'1dmI.lPx eppavnr rGNriAI VOMVN.p vvvlrMwvi.
y Lease Tract --f Se rn9 L'nr ARp- B Fs I-1964 RESERVOIR SITE f_...sl--
9 _
—BLOC - - Levee 12-1 ----- CONTOUR LINES--r.-------•- �'
♦ - - I AA ISITION AUTHORI2ATIDN
e a r - {r -`---- M.�. .: DISPOSAL-------
, �•�s - - _� �I. I iier�rh.L�Y°s ir.'t 9a r:i:�..r�Y -
D
• 1 Stl y yia,..IPFrna OC[b PACT NUMBER -__-__-____ _
r Rs
' T11T1"d'C�>ZX� .Ae.:iMyl Rrra<I iY-Nri wIMRH 1
LO — am rly rra c[ls laM R.x oAEAro�re ,j
- / r -� [LrlwHly IvY.nr:.ov.rm G[R REVISIONS BATE
. ,. •�L I � r I i. N..r _sa-asonp:.N Aerw aTa.•° Yxsvr. i
�i•'�Y`Y'T[TST�fH1A'�C[s�'
{,� :�' '• - �• - 1 - - T-DEPARTMENT OF THE ARMY NO.
•` �[ P E rf _ a Dr,11EWA[EAaM.L.Ir[rwG[ ExdIN[[a ��
BLOCK 4 .:1 L— a�NORTH PACIFIC.DIVISION -
• - ® .M ar ;r rt c[wr FIM CAA 140N[I'. .. '-
.ix�ar.N"!r'vio.riadNlla. ..
1 REAL'ESTAY E ;
Ex[% ; ?[GKEORT.RAl MCNARY LOCK ANp. D14�'' `_z
iPNN MIO[t F�C!j Eix N.Nr[[rryrl x flax H xMpl.[aM-fr.nMN Cr.4Y pY a v'p S ITT
L���c.O�\\'']]II 6c.o.awN a ru..ss,.r.M.n r.u.."..N ru..M.r Lo •ia.,a - COLUMBIA'RIVER,OREGON S WASHtN6TON_'
r:r.w,nl.Y• M Ia rxY a Yrv.
H..s.a y'1N.YI.!r.lM 9s.r r..r«..1'n.r.n s«.• " s cxcr wxaRU SEGMENT. "%%
' .S`.,r rrra r.r 1s 4na11N]a0'4aE-IINrR:Swrasn PMlIt1•[M•M01 (j �• - ]l.' I.LM.n AaN nC£AWL' Rn km ...OED
•! \' . E,SWdil'8 o':.a+n r.n Ria:az:s.ocr ii p'ncA a.az a.rl s. PE• { ' I -' iA... *T Fa.%M D a,+,Ir+n r:vlwn[YI AY•r Mr,.n' aosf
SUB YISiOF WT5 ra Wr..% M
PIERRET'S SUBDrW N oAmI[s c UEwDR M EE I�Ex- IMtEx!.R�DSV[1[u D SONCIRE S M.[
O0xI1V6,w TAd IR r»Ex G.lER
- !s
-
-�. PY:IRSTAC[ILx1pR dR i1M,KyCNa � sisEY,*-ap�as lun
SACAGAWEA HERITAGE TRAIL PHASE 2
PASCO PROJECT NO. 06-6-02
-W7
-tM
Oft
Ri
ZZ,
w-
K
je�
llj '19
Al
CHARLES KILBURY zt
AINSWORTH AVE OVERPASS
f
4—L Z
77,
13
•
A .-
z�.
ir ar
Proposed Trail Routei,.,
EXISTING TRA
CITY OF PA SC
M
&NAN,
t
Q� �� EXISTING TRAIL
...........
4Qj
1
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.mil.
Sincerely,
Paul Shampine
Realty Specialist
Enclosures
AGENDA REPORT
TO: City Council February b, 2008
FROM: Gary Crutchfi Manager Workshop Mtg.: 2/11/08
Regular Mtg.: 2/19/08
SUBJECT: ;Iuvenile Detention Contract
1. 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.
111. 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(e)
JUDGES BENTON-FRANKLIN COUNTIES
JUVENILE JUSTICE Han.Dennis D.Yule
Hon.Craig J.Matheson
w
Hon.Robert G.Swisher ��5,.,
Mon.Carrie Runge CENTER
Hon.Cameron Mitrhell 1v ..
SHARON PARADIS,Administrator
Juvenile Court Services SUPERIOR COURT OF THE STATE OF WASHINGTON JO K.MOSEEPP H R.SCHNEI HNEIDER
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-old 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 COUNTIES: 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 $50.40 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 Benton-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.doo Page 2 of 5
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_Contrad 200$_Renewable.doe 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 focal 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
-
City 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:
City_of Pasco_Contract_2008_Rene"bW.doc Page 5 of 5
AGENDA REPORT
TO: City Council February 7, 2005
FROM: Gary Crutchfiel Manager Workshop Mtg.: 2/11/08
Regular Mtg.: 2/19/08
SUBJECT: Rescission of P chase and Sale Agreement(Davidson)
I. REFERENCE(S):
1. Proposed Rescission of Real Estate Purchase and Sale Agreement
2. Resolution
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
2/11: Discussion
2/19: MOTION: I move to approve Resolution No�g rescinding the February
2007 real estate agreement with Michael & Susan Davidson.
III. 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 5th & 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(f)
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" (555,000.00).
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. t-�?
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 51h 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
time 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 NO. 11
FOR: City Council February 15, 2008
TO: Gary Crutchfi. (Manager
Robert J. Albe u 1 Works Director
FROM: Michael McS1100 Engineer Workshop Mtg.: 01/28/08
Regular Mtg.: 02/19/08
SUBJECT: Award Butterfield WTP Modifications Valves Replacement and Weirs Installation,
Project#07-2-05
1. REFERENCE(S):
1. Vicinity Map
2. Bid Summary
3. Letter from Bronson Brown, Kerr Law Group, dated 2/15/08
4. Letter from T. Krutsch, CH2MH:il.1, dated 1/25/08
5. Letter from G. Bestebreur, Poland& Sons, Inc., dated 1/28/08
6. Letter from G. Bestebreur, Poland& Sons, Inc., dated 2/1/08
(NOTE: attachments 4 through 6 are in Council packets only; copy available in City
Engineer's office for public review.)
11. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
01/28: Discussion
02/19: MOTION: I move to award the low bid for the Butterfield WTP Modifications
Valves Replacement and Weirs Installation Project, #07-2-05 to
Intermech/Thompson in the amount of $396,506.00 plus applicable
sales tax and, further, authorize the Mayor to sign the contract
documents.
111. FISCAL IMPACT:
Water Fund
IV. HISTORY AND FACTS BRIEF:
A) On January 23, 2008 staff received. three (3) bids for Butterfield WTP Modifications
Valves Replacement and Weirs Installation Project, #07-2-05. The low bid was
received from Intermech/Thompson in the amount of $396,506.00 plus applicable
sales tax. Interrnech/Thompson's proposal form had minor irregularities which, upon
review, did not affect the outcome of the bid. The second lowest bid was received
from Ray Poland& Sons, Inc. in the amount of$398,264.00 plus applicable sales tax.
The Engineer's estimate for this project is $379,500.00 plus applicable sales tax.
B) This project includes:
Valve Replacement—approximately $170,000
Install 49 valves and actuators for the filter and backwash operations to replace aging
and broken valves and actuators. The City previously purchased 45 valves and the
contractor will purchase an additional 4 valves prior to installation. The contractor
will then repaint filter gallery piping and valves.
Sedimentation Weirs and Isolation Gate—approximately $1.25,000
Furnish and install stainless steel weirs to provide better control over the operations
of the plant. Provide an isolation gate between the two sides of the treatment plant for
maintenance and more versatile operations control.
New and Relocated Turbidity Meters—approximately $105,000
Install eight new turbidity meters in filter drain piping allowing for a more automated
operation of the filters. Relocate eight existing turbidity meters for operator
accessibility. The turbidity meters monitor the turbidity of the water as it leaves the
plant.
9(a)
C) This project is identified in the CIP as part of the Water Filtration Plant
Improvements project, which is budgeted at $800,000. Included in the Water
Filtration Plant Improvements project is the purchase of valves for approximately
$200,000 and the installation of sampling stations for approximately$50,000.
V. DISCUSSION:
A) Ray Poland& Sons, Inc. (Poland) has objected to the staff recommendation to award
the bid to Tntermech/Thompson (Intermech). Poland requested and obtained a
temporary restraining order two weeks ago preventing Council award of the contract
at its February 4 meeting. Superior Court Judge Runge considered Poland's
arguments on February 14 and ruled that the irregularities reflected in Intermech's
bid were "minor" and do not present an obligation on the Council to reject or
disqualify Intermeeh's bid, as contended by Poland. As Intermech's bid is valid and
is lowest, staff reiterates its recommendation that the bid be awarded to Intermech(as
reflected in the recommended motion).
B) If Council deems the irregularities of the Intermech bid to disqualify it from
consideration, then the bid should be awarded to Poland; in that event, the following
motion would be appropriate:
MOTION: I move to award the low bid for the Butterfield WTP
Modifications Valves Replacement and Weirs Installation Project, No.
07-2-05 to Ray Poland & Sons, Inc. in the amount of$395,264.00 plus
applicable sales tax and, further, authorize the Mayor to sign the contract
document.
C) Given the time required to complete certain portions of the proposed work prior to
peak (summer-time) water production, staff urges Council to award the contract to
one of the two contractors at its February 19 meeting or, in the alternative, reject all
bids and direct staff to re-bid the project with modified deadlines.
t
�t ` � ilb � �4C i� .awl �•� � � ,, �1�. � ! k J�1,�4,.
�' /• � 0 9 5 �r4 f
,c�r;y/4 \ K �''• y 4 4'{_-••?yi.±��'•'.M.-i: yp - a� !;�i' "—•.,•,mow /'�,�p t�
•LS }�;`.•i« Y 1 A 7` �, v y; kg d91� } •JI A "_ $e`lJ4a N R` • .,� "'C. �
1 I
1 �Tkµ r w.' .� A4 •i e.:,; '� .i`i y � ,gg+wuY +jj
4.��j� ti �'• y`i lily T 1 �h
ct
!;� Z
�� •I��IM�,ji���,,y`Iq -.4 r 1N �5•Ix'y: 'r �: ~�
.'L *!!.pl
rME4 .,,WWI ����r.r11\/ C 1 IM K'��` •— �f� � ' $,'.�iy JIL de
CIA
LLJ
��- I "fir�Y i�'4�! YSA��T 1�•T 4 Rw ��� +- � I n� 1
� 1 r �i 1"a � r pp��. �f�!r•
i [t
� 1 � � r w� ,Yyr1 '� • g�
a �
t
i
City of Pasco
Butterfield WTP Modifications Valves Replacement and
Weirs Installation, Project #07-2-05
January 23, 2008
BID SUMMARY
1. Intermech/Thompson $396,506.00
2. Ray Poland & Sons, Inc. $398,264.00
3. Triad Mechanical, Inc. $588,333.00
Leland B.Kerr
Attorney at Law
Uis l
Ikerr<akc:rrtam-grvult.net
5[�'Jati:•:tjr{•. .�iM1"w:YV•"ni�!
RrYrrtyon J.Bro- mi
Aitortte at l.aw
J<-F,RR I I.AW t... l:y bfirnum.(q?kerrta.wy,-oup.net
T-ebnaary 15, 2008
Nfr. Gary Crutchfield. City.Manager
CITY OF PASCO
f 525 'North 3"'
Pasco WA 99301
RE-: Ray Poland & Soils, file. vs. City of Pasco
Franklin County Superior Court No. 08-2-50134-8
Dear Crary:
On February 14, 2008, the C:atlrt heard the natter of Ray Poland & Sons v5, City of Pasco can the
Defendant City of Pasco's Motion to Quash the Temporary Restraining Order which was
restraining the City from awarding the public works project of, Butterfield WTP Modification
Valves Replacement and Weirs :Installation Project. to Inten-nech. The Plaintiffs, Ray Poland &
Sons, alleged that Interni.ech's bid had several irregularities, therefore; the Court should restrain
the City from awarding the bid to Intertnech and deem them as nonresponsive.
The Court went through each of the. allegations of irregularities and deternitned that each
irregularity was immaterial, and therefore, waivabie. After deeming each of the irregularities
immaterial, the Court Signed the enclosed Order to Quash the Temporary Restraining Order,
thereby, allowing the City to proceed with the award of the bid to Intenmech. The City now can
proceed to officially award the Butterfield Project to the low bidder, Interrneeh.
If you have any further questions,please do not hesitate to contact,me.
Sincerely yours,
Bronson J. Brown
KERR LAW GROUP
BJB/sIa
Enclosure
7025 West Carandrid$e Boulevard,Suite A,Kennewick,Washington 99336
Telephone: 509.735-1542 Pax, 509 73,5,0506
A Pmjeesional Limired Liability Company
AGENDA REPORT NO. 10
FOR: City Council A February 13, 2008
TO: Gary Crutchfi 1 Manager
Robert J. Albe s, Pu lie Works Director
FROM: Michael McSha ity Engineer Regular Mtg.: 02/19/08
SUBJECT: Award Road 84/Argent Sewer and Water Improvements, Project#07-1-06
I. REFERENCE(S):
1. Bid Summary
2. Vicinity Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
02/19: MOTION: I move to award the low bid for the Road 84/Argent Sewer and
Water Improvements, Project #07-1-06 to Rotschy, Inc. in the
amount of $715,279.68 plus applicable sales tax, and further,
authorize the Mayor to sign the contract documents.
III. FISCAL IMPACT:
Water/Sewer Fund
IV. HISTORY AND FACTS BRIEF:
A) On February 13, 2008 staff received eight (8) bids for Road 84/Argent Sewer and
Water Improvements, Project #07-1-06. The low bid was received from Rotschy,
Inc. in the amount of$715,279.68 plus applicable sales tax. The second lowest
bid was received from Pegram Construction in the amount of $717,787.38 plus
applicable sales tax. The Engineer's estimate for this project is $785,000.00 plus
applicable sales tax.
V. DISCUSSION:
A) This project includes the installation of a gravity sewer main on Argent from Road
72 to Road 84 and on Road 84 from the mobile home park down to Argent. It
will also install a new lift station at the corner of Argent and Road 84, and a force
main along Argent tieing into the existing sewer at Road 72. A new water main
on Road 84 is also included.
Road improvements including new signals are currently being designed and will
be constructed after these utility improvements are completed.
B) Staff recommends award of this contract to Rotschy, Inc.
1o(a)
City of Pasco
Road 84/Argent Sewer and Water Improvements
Project #07-1-06
February 13, 2008
BID SUMMARY
1. Rotsch.y, Inc. $715,279.68
2. Pegram Construction $717,787.38
3. Safco, Inc. $756,098.45
1 � i� i.5x...: 1 �,/•\'i �v 4', 0 �0�� �,�0 � X p � �.� ��"rFs�' �.r
....__ �G�, MGWL°d7V11�" p� 3(Y"+"�� W � 1� � 1 � T'}• ,� 1 "�i7g#"' ly '
N ,Fy
' .a4"
v
' Y.++"' , 1F k � 't•? CCU ,t,F t � �• °
*N'S.::tl��Y r >• � y�,�":1. J.;f s�,✓ ` !'f �C.. w7! j XW `�I 16P�1'
e X.
Ilk
k
•f t. .N' � 9 ,F' 4.
4 d 9
� 4•.
iii
t
w:
° a
f {9 e s
6 rr/E >w 3X
Ore
Pf
X
• � "� tJ'„ ' :. ' � ( $an °iN 4a+Y%h 4�.'14�fYSx^'..
Y' 1'
r., r a.
AGENDA REPORT NO. 9
FOR: City Council February 13, 2008
TO: Gary Crutch V, ulb3 anager
Robert J. AlWorks Direc tor
FROM: Michael Mcngineer Regular Mtg.: 02/19/08
SUBJECT: Award 2008 WWTP Expansion (Solids Thickening Facilities)Project, 408-1-02
I. REFERENCE(S):
1. Bid Summary
2. Vicinity Map
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
02/19: MOTION: I move to award the low bid for the 2008 WWTP Expansion (Solids
Thickening Facilities) Project, 408-1-02 to Fowler General
Construction in the amount of $1,459,727.00 plus applicable sales
tax, and further, authorize the Mayor to sign the contract documents.
III. FISCAL IMPACT:
Sewer Fund
IV. HISTORY AND FACTS BRIEF:
A) On February 13, 2008 staff received three (3) bids for 2008 WWTP Expansion
(Solids Thickening Facilities) Project, #08-1-02. The low bid was received from
Fowler General Construction in the amount of$1,459,727.00 plus applicable sales
tax. The second lowest bid was received from Triad Mechanical, Inc. in the
amount of $1,476,490.00 plus applicable sales tax. The Engineer's estimate for
this project is $1,545,000.00 plus applicable sales tax.
V. DISCUSSION:
A) This project will install a rotary screen thickener (RST) and build a structure to
house the unit with associated solids pumps, controls and polymer feed system.
By thickening the digester solids the capacity of the drying beds is increased. The
building was also designed for future expansion to install a screw press.
B) This project is identified in the CIP as WWTP Expansion Project#08-1-02, which
is budgeted at $1,650,000.00. Included in this budgeted amount is the
Professional Services Agreement with CH2MHill for design, approved on
]Vovember 19, 2007 in the amount of $176,900.00. An additional need for
construction services is still being determined as outlined in the Professional
Services Agreement,which is estimated at $82,700.00.
Staff recommends award of this contract to Fowler General Construction and
$110,000.00 be added to the year end supplemental budget to allow award of
construction.
10(b)
City of Pasco
WWTP Expansion (Solids Thickening Facilities)
Project #08-1-02
February 13, 2008
BID SUMMARY
1. Fowler General Construction $17459,727.00
2. Triad Mechanical, Inc. $1,476,490.00
3. Mountain States Construction $115705276.00
, A� � •+BRA r•. A
S
/^•ate — yw'' 7 a�etiA
WASTE WATER TREATMENT PLANT
EXPANSION
:�sznxw+• tarsw`` (',.
MINOR-- ",�, .•'. ��U. •r�{..yy��yy 1. 4 s Mfr;. ■:.� ,r 'f, ,+f�' ry� T `�r4�td&'��,+j
rr,
� ��"._.1�' �•A�5} ��a � 51yi `T2J,^ Wyya y ww��y�� 5•vv� � -
gqyyq��Ay T�•.. �'
N
' F
��� f-:� J "^tea � .;. +•y
t �
�4
•
• ufi.,, F, _ _ � r NA
Y q�.
WA,
7" a
�_,- �'-, t� �, : K' ,:� �,�q�a�'�'n:�,r t(Y� _y t?G S� "' 'P"A ,•;IF:,s
It �
r
� � �w^. 1•q� a °54�ay,�y�1
II
i
„c"ww.ux'......... .... .. .._..�.v..>f.•iai
AGENDA REPORT
FOR: City Council February 14, 2008
TO: Gary Crutchfie Manager
FROM: Stan Strebel, A in' tr U and Community
Services Director r. - Regular Mtg.: 2/19/2008
SUBJECT: Award of Bid, Baseball Stadium Seating Improvements
I. REFERENCE(S):
1. Bid Summary
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
2/19: MOTION: I move to award the bid for the Baseball Stadium Seating
Improvements to Nor-Pac Seating Co., Inc., in the amount of
$94,910.00 plus applicable Washington State sales tax, for the
Base Bid and Alternate No. 1 and further, authorize the Mayor
to sign the construction contract.
III. FISCAL IMPACT:
Of the $666,000 granted by the 2007 legislature for baseball stadium improvements,
$342,386.76 was used to complete the shade structure project last year. This project is
expected to require approximately $108,000 including sales tax and engineering. The
balance of the granted funds (less a state administrative fee of$8,325) is earmarked for
the replacement of the stadium scoreboard.
IV. HISTORY AND FACTS BRIEF:
A) On January 13 the City received two bids for the Baseball Stadium Seating
Improvements as shown on the attached summary. Staff recommends award of
the project to the low bidder, Nor-Pac Seating Co., Inc., for the Base Bid (seating
and installation) and Alternate I (old seating removal). Staff believes that
Alternate 2 (relocation of seat backs), can be accomplished with City workers and
minimal contract work for less than $1,000. Therefore, that alternate is not
recommended for award.
B) This project will replace existing bleachers with back rests in the upper deck -
stadium center, with folding chair seats (approximately 600). Some of the
bleachers with back rests will be relocated to the side stadium bleacher areas
which have no back rests. Staff anticipates some of the old bleacher seats and
backs may be available for reuse. CBC has expressed interest in acquiring
unneeded bleacher seats.
C) The contract requires the project to be complete by June 1St so as not to interfere
with the baseball playing schedule.
10(c)
BID TABULATION -Baseball Stadium Seating Improvements Bid Opening, Wednesda , Februa 13, 2008 Page 1 of 1
CONTRACTOR: CONTRACTOR: CONTRACTOR: CONTRACTOR: CONTRACTOR:
Base Bid En ineees Estimate Nor-Pac Ray Poland
NO.IDESCRIPTION BID BID - BID BID BID
BASE BID (New plastic seats) $85,089.00 $147,736.00
Certified By:
Alternative Bids
NO. DESCRIPTION BID JBID BID JBID JBID
1 Demolition& Repair $9,821.00 $14,360.00
2 Relocate Backs $6,200.001 $12,200.00
Total Base Bids &Alternates $100,000.00 $101,110.00 $174,316.00
t
Certified Bye"- z XA