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HomeMy WebLinkAbout2008.03.17 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. March 17, 2008 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 Councilmembers 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 March 3, 2008. (b) Bills 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$741,506.40 ($94,507.14 in the form of Wire Transfer Nos. 4924 and 4931 and, $646,999.26 consisting of Claim Warrants numbered 164838 through 165090). 2. 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$205,851.41 and, of that amount, authorize $153,722.41 be turned over for collection. (c) Pool Repairs for 2008: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated March 11, 2008. To authorize staff to complete the code required modifications at the city's three swimming pools and, further, to include the cost in the year end budget supplement. (d) Senior Center Kitchen Lease: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated March 3, 2008. 2. Proposed Lease Agreement. To approve the lease for the Senior Center Kitchen with Aramark and, further, authorize the Mayor to sign the agreement. (e) Professional Services Agreement for Indigent Defense Services: 1. Agenda Report from Debbie Clark, City Clerk dated March 4, 2008. 2. Proposed Agreement. 3. Letter from Carlos Villarreal. 4. Memo from City Clerk. To approve the Professional Services Agreement for Indigent Defense with Nicole Preszler and, further, to authorize the Mayor to sign the agreement. *(f) Appointments to Corridor Enhancement Study Committee: 1. Agenda Report from Gary Crutchfield, City Manager dated March 14, 2008. 2. Resolution No. 3053 forming an Ad-Hoe Corridor Enhancement Study Committee. To confirm the following Mayoral appointments to the Corridor Enhancement Study Committee: City Council: Matt Watkins (Chair) and Al Yenney; Planning Commission: Todd Samuel and Dave Little; Chamber of Commerce: Carrie Chambers, Spence Jilek, Fred Ackerman, Jim O'Conner and John Serle. (RQ MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) Regular Meeting 2 March 17,2008 5. VISITORS- OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) Financial Services Manager: General Fund Operating Statement through February 2008. (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) Alley Vacation — A Portion of the Alley in Block 5, Longs First Addition (MF #VAC-08- 002): 1. Agenda Report from David I. McDonald, City Planner dated March 12, 2008. 2. Vicinity Map. MOTION: I move to continue the public hearing on the proposed alley vacation for Block 5, Longs First Addition to the regular meeting of April 7, 2008. 10. NEW BUSINESS: (a) Fire Station#83 Vehicle Storage Project: 1. Agenda Report from Robert J. Alberts, Public Works Director dated March 7, 2008. 2. Bid Summary, 3. March 5, 2008 Letter. tRQ MOTION: I move to award the low bid for the Fire Station #83 Vehicle Storage Project to Winthrop Construction, Inc., in the amount of$382,190.70 including sales tax, with the March 5, 2008 letter from Winthrop Construction, Inc., as the conditions of award and, further, authorize the Mayor to sign the contract documents. *(b) Butterfield WTP Modifications Valves Replacement and Weirs Installation,Project No.07- 2-05: 1. Agenda Report from Michael McShane, City Engineer dated March 13, 2008. 2. Bid Summary. 3. Vicinity Map. (RQ MOTION: I move to award the low bid for the re-bid Butterfield WTP Modifications Valves Replacement and Weirs Installation Project No. 07-2-05 to Intermech/Thompson Mechanical in the amount of$379,895.00 plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. *(c) Commercial Avenue Reconstruction Project No. 05-3-07: 1. Agenda Report from Michael McShane, City Engineer dated March 12, 2008. 2. Bid Summary. 3. Vicinity Map. (RQ MOTION: I move to award the low bid for the Commercial Avenue Reconstruction Project No. 05-3-07 to Granite Northwest, Inc., dba Transtate Asphalt in the amount of $101,112.00, including Alternate B and, further, authorize the Mayor to sign the contract documents. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) Regular Meeting 3 March 17, 2008 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...." Q Quasi-Judicial Matter REMINDERS: 1. 6:00 p.m., Monday, March 17, Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR JOYCE OLSON and COUNCILMEMBER MATT WATKINS) 2. 5:00 p.m., Tuesday, March 18, TRAC Facility—TRAC Board of Directors Meeting. (MAYOR JOYCE OLSON and COUNCILMEMBER REBECCA FRANCIK) 3. 5:30 p.m., Wednesday, March 19, Roy's Smorgy — Benton, Franklin & Walla Walla Counties Good Roads and Transportation Association Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.) 4. 12:00 p.m., Thursday, March 20, 515 W. Clark Street — PDDA Board Meeting. (COUNCILMEMBER AL YENNEY, Rep.; MATT WATKINS, Alt.) 5. 11:30 p.m., Friday, March 21, Roy's Smorgy—Benton-Franklin Council of Governments Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; BOB HOFFMANN, Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 3, 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; Bob Alberts, Public Works Director; David McDonald, City Planner; Michael McShane, City Engineer; Denis Austin, Police Chief and Robert Blain, Associate Engineer. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated February 19, 2008. (b) Bills and Communications: To approve General Claims in the amount of$1,386,776.39 ($101,343.28 in the form of Wire Transfer Nos. 4915 and 4919; and, $1,285,433.11 consisting of Claim Warrants numbered 164632 through 164837). To approve Payroll Claims in the amount of$2,366,607.52, Voucher Nos. 37541 through 37682; and EFT Deposit Nos. 30021343 through 30022080. (c) TPA Budget Amendment: To approve the transfer of$104,000 from the reserve account within the TPA budget to be used for promotional project expenditures. (d) Disposal of Surplus Property; Resolution No. 3069, a Resolution authorizing the sale of forfeiture/unclaimed asset property surplus to city needs. To approve Resolution No. 3069, authorizing the sale of forfeiture and unclaimed weapons that are considered surplus to city needs. Resolution No. 3070, a Resolution authorizing the sale of seized/asset forfeiture property surplus to city needs. To approve Resolution No. 3070, authorizing the sale of a seized/forfeiture vehicle considered surplus to city needs. (e) Resolution No. 3071, a Resolution accepting the donation of certain real property located on Clark Street. To approve Resolution No. 3 07 1, accepting the donation of certain real property located on Clark Street. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. 1 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 3, 2008 REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Larsen attended the Emergency Medical Services Board meeting. Mr. Yenney reported on the Benton-Franklin Community Action Committee Awards Banquet. Mr. Garrison attended the TRIDEC Board of Directors meeting. Mayor Olson also attended the Benton-Franklin Community Action Committee Awards Banquet. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Alley Vacation—A portion of the alley in Block 5,Longs First Addition (MF #VAC- 08-002): Mr. McDonald explained the details of the proposed vacation noting that the gas company and property owner need to make provision for an existing gas line. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION.NO ONE RESPONDED TO THE INVITATION TO SPEAK. MOTION: Mr. Watkins moved to continue the public hearing to the March 17 regular meeting. Mr. Garrison seconded. Motion carried unanimously. Easement Vacation—Waterline Easement at Tri-Cities Prep (MF#VAC-08-001): Mr. McDonald explained the details of the proposed vacation. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, AND THERE BEING NONE,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 3854, an Ordinance vacating a waterline easement in Lot 1, Short Plat 2005-15. MOTION: Mr. Watkins moved to adopt Ordinance No. 3854, vacating a portion of the waterline easement filed under Auditor's File #1590567 located on Lot 1, Short Plat 2005-15 and, further, to authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. MOTION: Mr. Watkins moved to accept the dedication deed from Tri-Cities Prep-A Catholic High School for a waterline easement. Mr. Garrison seconded. Motion carried unanimously. Street Vacation—A portion of Chestnut Avenue (MF#VAC-07-006): Mr. McDonald explained the details of the proposed vacation. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION. FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST,AND THERE BEING NONE, MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 3, 2008 Ordinance No. 3855, an Ordinance vacating a portion of South Chestnut Avenue. MOTION: Mr. Watkins moved to adopt Ordinance No. 3855,vacating a portion of South Chestnut Avenue and, further, to authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. NEW BUSINESS: Amendment No. 7 to Professional Services Agreement with CH2MHill: Mr. Alberts explained the details of the proposed amendment. MOTION: Mr. Watkins moved to approve Amendment No. 7 to the February 22, 2005 Professional Services Agreement with CH2MHill authorizing additional professional engineering services not to exceed $82,700 for the 2008 WWTP Expansion (Solids Thickening Facilities) Project No. 08-1-02 and, further, authorize the Mayor to sign the agreement. Mr. Garrison seconded. Motion carried unanimously. Court Street Widening Phase II—Project No. 07-3-01: Mr. McShane explained the details of the proposed project. MOTION: Mr. Watkins moved to award the low bid for the Court Street Widening Phase I1 Project No. 07-3-01 to Granite Northwest, Inc., dba Transtate Asphalt in the amount of$1,374,897.00 plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. Ms. Francik seconded. Motion carried by unanimous Roll Call vote. Special Permit—Off-site parking lot for the Pasco Flea Market on East Lewis Place (Bill Robinson) (MF#07-013 SP): Council and staff discussed the special permit process and clarified understanding of some of the conditions. MOTION: Mr. Watkins moved to approve the special permit for the location of an off- site parking lot for the Pasco Flea Market as recommended by the Planning Commission. Ms. Francik seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Mr. Watkins noted work has begun on the Court St. pedestrian overpass. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:40 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 17t11 day of March 2008. 3 CITY OF PASCO Council Meeting of: March 17, 2008 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,the and si need, do h by certi under penalty of perjury that the materials have been furnished,the services ren er d or th abor perfor ed as described herein and that the claim is a just,due and unpaid obligation a st the ty and that a are thorized to authenticate and certi id claim. Gary Crut field, City age James W. Cha 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 4924 and 4931 in the amount of$94,507.14, have been authorized;that Check No.s 164838 through 165090 are approved for payment in the amount of$646,999.26,for a combined total of$741,506.40 on this 17th day of March, 2008. Councilmember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 631.30 Judicial 13,052.24 Executive 7,313.06 Police 174,670.57 Fire 27,736.79 Administration & Community Services 58,659.19 Community Development 760.72 Engineering 2,020.08 Non-Departmental 34,656.13 Library 7,888.79 TOTAL GENERAL FUND: 327,588.86 STREET 58,748.36 C. D. BLOCK GRANT 67.50 KING COMMUNITY CENTER 1,976.73 AMBULANCE SERVICE 36,233.99 CEMETERY 7,027.95 ATHLETIC PROGRAMS 8,634.72 SENIOR CENTER 3,665.44 MULTI MODAL FACILITY 1,598.23 SPECIAL ASSESSM NT LODGING 10,184.02 LITTER CONTROL 0.00 REVOLVING ABATEMENT 300.00 PARKS FUND 0.00 TRAC DEVELOPMENT 2,444.51 STADIUM/CONVENTION CENTER 2,269.00 SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00 METRO DRUG TASK FORCE 0.00 METRO DRUG FORFEITURE FUND 54.09 GENERAL CONSTRUCTION 3,24234 WATERISEWER 54,913.25 EQUIPMENT RENTAL-OPERATING 34,030.43 EQUIPMENT RENTAL- REPLACEMENT 31,808.94 MEDICALIDENTAL INSURANCE 94,507.14 CENTRAL STORES 1,133.15 PUBLIC FACILITIES DIST 26,311.93 PAYROLL CLEARING 34,245.78 TRI CITY ANIMAL CONTROL 520.04 GRAND TOTAL ALL FUNDS: $ 741,506.40 3(b).1 AGENDA REPORT FOR: City Council DATE: 3/12/08 TO: Gary Crutchfi Manager REGULAR: 3/17/08 Stan S 1, m' strative&Community Services Director FROM: J' C cc Manager 4 SUBJECT: BAD D T WRITE-OFF'S/COLLECTION. I. REFERENCE(S): Write-off and collection lists are on file in the Finance Department. II. 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 $205,851.41 and, of that amount, authorize $153,722.41 be turned over for collection. III. 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 $ 38.28 .00 38.28 Ambulance $ 52,090.72 19,780.46 71,871.18 Court A/R $ .00 125,729.00 125,729.00 Liens $ .00 2,980.84 2,980.84 Cemetery $ .00 4,513.36 4,513.36 General $ .00 718.75 718.75 Miscellaneous $ .00 .00 .00 TOTAL: $ 52,129.00 153,722.41 205,851.41 IV. ADMINISTRATIVE ROUTING: cc: Dot French,Municipal Court Clerk 3(b).2 AGENDA REPORT FOR: City Council March 11, 2008 TO: Gary Crutchfield, City Manager FROM: Stan Streb 4,istrative and Community Workshop Mtg.. 3/10/08 Servicector Regular Mtg.. 3/17108 SUBJECT: Pool Repairs for 2008 I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 3/17: Motion: I move to authorize staff to complete the code required modifications at the City's three swimming pools and to include the cost in the year end budget supplement. III. FISCAL IMPACT: $36,299. Not included in 2008 budget. IV. HISTORY AND FACTS BRIEF: A) Changes to the state's public swimming pool code require that certain modifications be made at the City's pools to continue in operation for 2008. Briefly, the City must modify its pool drain systems and perimeter fences to be in compliance. B) The drain modifications are estimated to cost $1,500 each for Kurtzman and Richardson Pools and $2,500 for Memorial Pool. Subtotal: $5,500. The drains must be separated so that not all drain water passes through the same intake. C) The fences must be replaced so that mesh fabric hole size does not allow one to climb the fence. The total cost for this work is estimated at $6,205 for Richardson Pool, $9,498 for Kurtzman Pool (includes separate wading pool) and $15,096 for Memorial Pool. Subtotal: $30,799. D) The total cost for all required modifications is estimated at $36,299. Staff did not include this money in the 2008 budget last fall due to ongoing Council discussions regarding the future of the pools. Staff asks for Council direction/authorization to undertake the work. i I 3(c) it AGENDA REPORT FOR: City Council March 3, 2008 TO: Gary Crutchf ty Manager Workshop Mtg.: 3/10/08 Regular Mtg.: 3/17/08 i FROM: Stan Strebel, Admi Community Services Director SUBJECT: Senior Center Kitchen Lease I. REFERENCES): A) Proposed Lease Agreement 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 3110 Discussion 3117 MOTION: I move to approve the lease for the Senior Center Kitchen with Aramark and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Total Rent of$16,824.48 to Senior Center Fund IV. HISTORY AND FACTS BRIEF: A) The kitchen at the Senior Center has long been leased to a food service company for the preparation of meals provided to the senior community. The city's five- year lease with Aramark (formerly Fine Host) expired at the end of 2007. Staff has recently concluded negotiation of a new lease agreement (attached). B) The new agreement is similar in all material aspects to the prior agreement. Aramark has asked for a three year agreement. Rent amounts have been adjusted based on inflation indexes and are to be adjusted during the term of the lease, annually. C) Aramark has been an excellent tenant. Staff recommends approval of the new lease. 3(d) LEASE THIS LEASE is entered into on the day of , 2008 between the City of Pasco, Washington, a municipal corporation, hereinafter referred to as"Lessor", and ARAMARK Corporation, hereinafter referred to as"Lessee". In consideration of the mutual covenants contained herein it is agreed as follows: 1. Property Leased: The Lessor does hereby lease to the Lessee a space within the City of Pasco Senior Citizens Center located at 1315 North 7`h Street, Pasco, Washington 99301 consisting of the following: (a) Kitchen facility and adjacent storage of approximately 630 square feet. (b) Upstairs storage area of approximately 320 square feet, and hallway storage. (c) Non-exclusive use of the restrooms. (d) Access to loading docks. Lessee's use of the kitchen facility shall be exclusive provided, that Lessor may schedule occasional use of the kitchen which does not conflict with Lessee's use. Lessor's occasional use of the kitchen shall be consistent with the schedule in the attached Exhibit"B". The real property upon which the Senior Citizen Center is located is legally described as follows: See Legal Description described as Exhibit"A" attached hereto and incorporated herein by reference. 2. Term: The term of this Lease shall commence on the 1 st day of April, 2008, and terminate at midnight on the 31 st day of March, 2011. Either party may terminate this lease without cause upon 6 months advanced written notice to the other. 3. Rent: The Lessee agrees to pay the sum of$16,824.48 per year, and subject to adjustments as provided below, to be paid on the first day of each month, in advance at the rate of$1,402.04 per month. The application of the total rent is for the following: (a) $7,200 Rent of space (b) $924.48 Leasehold excise tax on space rent (12.84%) (c) $8,700 Utilities $16,824.48 Total Rent * Lessee shall pay to Lessor and Lessor shall promptly remit to the State of Washington, the amount listed herein for leasehold excise tax. 3.1 Beginning in April 2009 and for each year thereafter, the amount payable for total rent may be adjusted, upon agreement of the lessor and lessee, by an amount not to exceed the rate of change in the consumer price index (CPI-W B and C Cities). I 4. Utilities: Lessor shall pay for water, sewer, garbage, heating and electrical expenses, except for the $8,700 cited in Section 3(c) above. 5. Damage or Destruction to Premises: If the Premises are destroyed or rendered untenantable by fire, flood, the elements, an act of God, or other causes beyond the control of the Lessor and the cost of repairs, in the judgment of the Lessor, shall not be justified, then the Lessor shall have the option to terminate this Lease or repair the premises. 5.1 The Lessor shall give the Lessee written notice of the Lessor's election within thirty(30) days from the date of said damage. In the event the Lessor elects to repair or rebuild, the Lease shall not be affected except that, during the term of making such repairs, the rent shall be reduced in proportion to the loss of time of occupancy and/or the amount of the leased premises rendered unfit for occupancy. Lessor agrees to begin such repairs without delay and to complete the same with all reasonable speed. 5.2 In the event such damage is so extensive that the said repairs cannot be completed within sixty (60) days from the date of the damage, or in the event repairs are not completed within sixty(60) days from the date of the damage, Lessee may terminate the Lease. 5.3 No action for damages shall accrue to either party by virtue of said loss or occupancy or termination of this Lease. 6. Waiver of Breach: Any waiver, express or implied, by either party of any breach by the other of any of the covenants of this Lease shall not be a waiver of any subsequent breach of the same or any other covenant. 7. Inspection of Premises: The Lessor reserves the right to enter the premises during the Lessee's business hours for the purpose of inspecting the premises and for making any repairs to said premises or the adjacent premises. The Lessor may enter the premises at any time in case of emergency. 8. Maintenance: Lessor shall maintain the premises including all repairs. Lessee shall be responsible for cleaning of the kitchen facility after each day's use. Lessor shall be responsible for cleaning of the kitchen and to repair or replace any lost or damaged equipment, inventory or supplies after any of its scheduled uses. Lessee shall be responsible for the expense of cleaning the grease trap, if required more than twice per year. 9. Use of Premises: Lessee shall use the premises solely for the use of preparing the Meals on Wheels meals. Lessee agrees to conform to municipal, county and state codes, statutes, ordinances and regulations concerning the use and occupation of said premises. 10. Unspecified Additions and Improvements: Lessee shall not make any additions or improvements to the premises except upon written consent of the Lessor, which consent shall set out which party shall be responsible for payment of such improvements. Fixtures which the Lessee may install in the premises may be removed by Lessee; provided, that Lessee shall restore the premises to the same condition as the premises were in prior to the installation of any such fixtures, ordinary wear excepted. it 11. Assignments and Subleasing: Lessee shall not assign this lease nor sublet the said premises or any part thereof without prior written consent of the Lessor. In the event that Lessee assigns or subleases the leased property pursuant to this section, Lessee shall remain primarily liable for the covenants contained herein. 12. Surrender of Premises: At the termination of this Lease, the Lessee shall surrender the said premises to the Lessor in as good condition as the premises were at the time of commencement, reasonable wear expected. 13. Default: Time is of the essence. Failure to pay rent shall constitute a default. Other than the payment of rent, in the event that either party shall breach any condition of this Lease, and if such default or violation shall not be remedied within thirty(30) days after written notice thereof specifying the matter claimed to be in default, the other party, at its option, may immediately terminate this Lease. 14. Liens and Encumbrances: Lessee shall not allow any liens or encumbrances arising out of the use of the occupancy of the premises by Lessee to attach to the property. 15. Indemnification/Hold Harmless - Lessee: Lessee shall defend, indemnify and hold harmless the Lessor, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Lessee's use of Premises, or from the conduct of Lessee's business, or from any activity, work or thing done,permitted, or suffered by Lessee in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the Lessor. 16. Indemnification/Hold Harmless--Lessor: Lessor shall defend, indemnify and hold harmless the Lessee, its officers, officials, employees and volunteers from and against any and all claims, suits, actions or liabilities for injury or death of any person, or for loss or damage to property, which arises out of the acts of omissions of Lessor, its officers, agents, employees or volunteers at the Premises, except to the extent such injury or damage as shall have been occasioned by the negligence of the Lessee. 17, Insurance: The Lessee shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the leased Premises. A. Minimum Scope of Insurance Lessee shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The Lessor shall be named as an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. 2. Pr_opert y insurance shall be written on an all risk basis. B. Minimum Amounts of Insurance Lessee shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 2. Propert y insurance shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The Lessee's insurance coverage shall be primarily insurance as respect the Lessor. Any Insurance, self-insurance, or insurance pool coverage maintained by the Lessor shall be excess of the Lessee's insurance and shall not contribute with it. 2. The Lessee's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty(30) days prior written notice by certified mail, return receipt requested, has been given to the Lessor. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Lessee shall furnish the Lessor with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements of the Lessee. F. Waiver of Subrogation Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. G. Lessor's Property Insurance Lessor shall purchase and maintain during the term of the lease all-risk property insurance covering the building for its full replacement value without any coinsurance provisions. 18. Governing Law: This Lease shall be governed and construed in accordance with the laws of the State of Washington. 19. Venue: The venue for any action for breach, enforcement or interpretation of this Agreement shall be in the Franklin County, Washington, and the prevailing party shall be entitled to its reasonable attorneys' fees and costs as additional judgment. 20. Terms and Conditions: Terms and conditions may be amended by mutual written agreement. 21. Notices: All notice hereunder may be delivered or mailed. If mailed, they shall be sent certified or registered mail to the following respective addresses: Lessor: City Manager City of Pasco PO Box 293 Pasco WA 99301 Lessee: ARAMARK Correctional Services, LLC Atten: 2010 Main St., Ste 120 Irving CA 92614 In witness hereof the signatories below are authorized on behalf of the agencies that are parties to this agreement to sign this agreement in the day and the year first written above. CITY OF PASCO ARAM CTIO AL SERVICES, LLC VOW `s Joyce Olson, Mayor By: Tim Campbell Title: President STATE OF WASHINGTON ) ss. County of Franklin ) On this day personally appeared before me, JOYCE OLSON, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. SUBSCRIBED and SWORN to before me this day of ' 2008. Notary Public in and for the State of Washington, residing at My Commission expires: I i STATE OF Pennsylvania ) ss. County of Philadelphia } i On this day personally appeared before me, :i✓j? 04,rn6e.1 , to me known to be the individual described in and who executed the within and foregoing instrument,ment, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. SUBSCRIBED and SWORN to before me this day of e h , 2008. Notary Public in and for the State�Ff Pennsylvania residing at Phi ��e lnh iA [�E�cr•��j My Commission expires. �7/ DOANA A f °"RADEI+a Cmr, MY Co►wm180� 16;0201 1 i Pasco Senior Center Legal Description Attachment A West 350 feet more or less of Block 7 Sylvester's 2"d Addition EXHIBIT"B" REGULAR KITCHEN USE PASCO SENIOR CENTER Date Time Function Comments 1 st Monday of each Meal Prep month Aramark and Aramark and and Meals on Wheels Monday-Friday 530 am-1:00 pm Meals on Wheels Do not use Kitchen Fourth Friday of Senior Association Light Kitchen use each month 2:00 pm-11:00 pm Potluck Multi-Purpose Room Use Senior Association Occasional Saturday time will vary Special Event/Dance Dates will vary Dates will vary City of Pasco Kitchen use Occasional Weekday time will vary Employee Luncheon Multi-purpose Room Use Dates will vary Occasional Weekday Light-Heavy Kitchen use and Weekend time will vary Special Event I Rental Mufti-purpose Room Use City of Pasco Dates will vary Pasco Senior Center Heavy Kitchen use Occasional Weekend time will vary Special Events Multi-purpose Room Use Senior Association Date will vary by year February 14th 1:00 pm-7 Dinner/Dance Kitchen use City of Pasco Date will vary by year April or May 1:00 pm-10:00 pm Volunteer Reception Heavy Kitchen use Senior Association June time will vary Fundraiser/Festival Kitchen Use Dates will vary Heavy Kitchen use Heavy Multi-purpose room June time will vary PHS Graduation Party use Dates will vary Senior Association Heavy Kitchen use New Years Eve Heavy Multi-purpose room December 31st 5 pm to 12 midnight Dinner I Dance use Senior Center staff uses the kitchen to prepare coffee and other items needed for various events held at the center through the year,meetings,conferences,special events, etc.This is can be done at any time of the day. Prior knowledge of an event will be given if schedules conflict. Saturdays are now available for the Pasco Senior Center to rent out to private and public entities. Kitchen will occasionally rent out for light, moderate or heavy use.A kitchen supervisor will be present for any moderate or heavy use. AGENDA REPORT FOR: City Council March 4, 2008 TO: Gary Crutch i Manager W/Shop Mtg.: 03/10/08 Stan Strebel, d ni ative &Com �ty Services Directo Regular Mtg.: 03/17/08 FROM: Debbie Clark, City Clerk SUBJECT: Professional Services Agreement for Indigent Defense Services I. REFERENCE(S): 1. Proposed Agreement 2. Letter from Carlos Villarreal 3. Memo from City Clerk H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 03/10: Discussion 03/17: Motion: I move to approve the professional Services Agreement for Indigent Defense with Nicole Preszler and further, to authorize the Mayor to sign the agreement. III. FISCAL IMPACT: $30,000 annually(min.) General Fund Budget IV. HISTORY AND FACTS BRIEF: A) The City has a panel of two attorneys for providing defense services to indigent defendants in Municipal Court. Council recently approved a contract with Heidi Ellerd who replaced Chris Herion who submitted a termination letter due to his responsibilities with the U.S. Army. Council recently appointed Carlos Villarreal in November of 2007 replacing Ryan Swinburnson who resigned for other employment. Staff has recently received a resignation from Mr. Villarreal, who is resigning due to entering into private practice. B) Because staff has recently solicited applications and interviewed applicants for the prior vacant position it is recommended that the City contract with the next qualified applicant from that interview group. It is recommended that Nicole Preszler be retained for providing public defense services for the timeframe of April 1, 2008 through December 31, 2009. C) The proposed contract is the same in all material aspects as the existing contract with Mr. Villarreal. 3(e) PROFESSIONAL SERVICE AGREEMENT For Legal Representation of Indigent Defendants Before the Pasco Municipal Court THIS PROFESSIONAL SERVICE AGREEMENT is entered into, effective April 1, 2008, by and between the City of Pasco, a Municipal Corporation, hereafter referred to as "City", and Nicole R. Preszler, attorney authorized to practice law in the State of Washington, hereinafter referred to as "Attorney." THIS AGREEMENT is a Professional Service Agreement for the rendering of legal representation of indigent persons charged with misdemeanors or gross misdemeanors in the Pasco Municipal Court. IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, it is agreed as follows: SECTION I PROFESSIONAL SERVICES A. The Attorney shall represent in a professional manner, all individuals charged with misdemeanors or gross misdemeanors in the Pasco Municipal Court, for whose representation he/she is appointed. Such representation shall include preparation of appropriate pleadings and appearances in all phases of court proceedings following appointment, including pretrial hearings, motions, trial, sentencing, probation violations, and any other additional trials or hearings required by a remand or other order of a higher court. The Attorney shall communicate with individuals confined to jail in person or by telephone, prior to the individual's pretrial conference. The Attorney shall have no responsibility to represent individuals initially charged in the Pasco Municipal Court with felonies regardless of whether the felony charge is later reduced to a misdemeanor or gross misdemeanor. B. In the event a case to which the Attorney is appointed is appealed to Superior Court, the Attorney shall initiate the appeal by preparing and filing the Notice of Appeal in Superior Court which shall include a statement of the errors claimed to have been made and location of such errors in the record. The Attorney shall not be responsible for prosecuting the appeal in Superior Court, but shall remain responsible to the appellant until another attorney is appointed to represent the appellant in Superior Court. If and when the case is remanded to Pasco Municipal Court,Attorney shall again assume responsibility to provide defense services. C. The Attorney agrees not to accept appointments for indigent defense services in Franklin County Superior Court during the term of this Agreement. D. The Attorney is expected to have knowledge of the court's schedule. including hours of operation and days of the week when hearings and trials are ordinarily set and heard. In its discretion, the court may alter the court's schedule to meet changing demands. The Attorney agrees to not accept other employment of any character that will unreasonably cause delay in the hearing of the cases assigned to Attorney or to cause the court scheduling difficulties as to Attorney's assigned cases. E. The professional services provided under this Agreement shall be in compliance with the City of Pasco's Indigent Defense Legal Representative Plan, Goals and Standards, a copy of which is incorporated as a part of this Agreement as Exhibit A. SECTION II COMPENSATION A. The City will compensate Attorney, as attorney fees and not as a salary, for the professional services provided as follows: (1) For the 2008 calendar year: $ 130.00 for each case assigned by the court to the Attorney; $ 300.00 for each case resulting in a jury trial actually tried to verdict; $ 50.00 for each deferred or probation matter assigned by the court; however, initiated by a prior public defender; and $ 410.00 for each case appealed to Superior Court. (2) For the 2009 calendar year: $ 140.00 for each case assigned by the court to the Attorney; $ 300.00 for each case resulting in a jury trial actually tried to verdict; $ 50.00 for each deferred or probation matter assigned by the court, however, initiated by a prior public defender; and $ 410.00 for each case appealed to Superior Court. Payments shall be made monthly with the first monthly payment to be made not later than the 31 st day of May 2008, constituting compensation for the immediately preceding month; subsequent payments being made not later than the 3011, day of each succeeding month and the final payments being made not later than the 3011' day of January 2010. B. The City agrees to compensate Attorney a minimum monthly amount of Two Thousand Five Hundred Dollars ($2,500.00) in the event the amounts received based on assignments per Section A above are below said minimum. C. It is expressly agreed that the monthly compensation fixed in Sections A and B above shall constitute full compensation for services required under this Agreement. D. Definitions: (l) "Case assigned". For the purposes of this Agreement shall mean all proceedings relating to one or more underlying charges, occurring on or not more than two separate dates, against a defendant at the time court appointed counsel is approved by the court and on amendments to those charges including contempt of court for failure to pay fine, appear for trial or hearings, or the failure to abide the terms of probation. (2) "Deferred or Probation Case Assigned"_ For the purposes of this Agreement shall mean all proceedings relating to one or more probation or deferred cases, occurring on or not more than two separate dates, against a defendant at the time court appointed counsel is approved by the court and on amendments to those charges including contempt of court for failure to pay fine, appear for trail or hearings, or the failure to abide the terms of probation. SECTION III EXPENSES The Attorney shall bear all expenses incurred in the representation of each individual to whom appointed except: A. Expenses incurred in obtaining expert testimony, scientific tests or other analysis when authorized by court order. B. Expenses of a private investigator used to aid in the preparation of the defense of a matter when authorized by court order. C. Expenses for the services of an interpreter determined appropriate by the court. SECTION IV TERM The term of this Agreement shall be for the period commencing April 1, 2008, and concluding on December 31, 2009. Notwithstanding the foregoing, the Attorney's obligation to represent an individual in a matter to which the Attorney has been appointed shall continue through the disposition of the matter as set forth below. If this Agreement is not then in default, the Attorney shall have the option to renew this Agreement for one (1) additional term of one (1) year. The terms and conditions of the renewal team shall be identical to the terms and conditions of the last year of the original term (with appropriate modifications of installment payment dates) except that upon termination of the final term, the Attorney shall no longer have any option to renew this Agreement. The renewal option must be exercised by written notice to the City, given not less than 120 days prior to the last date of the expiring term. The giving of such notice shall make the agreement binding for the renewal term without further act of the parties. It is understood by the parties hereto that the Attorney's obligation to provide representation pursuant to this Agreement includes the obligation to complete all cases or matters covered by this Agreement. The Attorney shall continue to provide representation for a period of six months, for those persons whom the Attorney was appointed to represent and whose case was not concluded during the duration of this Agreement. It is further understood by the parties that the Attorney's obligation to complete all cases or matters covered by this Agreement shall not result in any additional compensation over the amount specified herein. SECTION V NON-ASSIGNMENT No other person shall perform any of the services required of the Attorney by this Agreement nor shah the Attorney assign or subcontract their responsibility for the performance of any of the services required by this Agreement, provided, however, Attorney may, by mutual agreement with another attorney holding a current Professional Service Agreement for legal representation of indigent individuals with the City of Pasco, make substitute appearances for one another on as-needed basis: or with the approval of the City, a designated qualified member of the Attorney's Law Firm may perform the Attorney's contract and responsibilities on a temporary basis, or assign or subcontract such services with another qualified attorney. SECTION VI TERMINATION This Agreement may be terminated by either party without cause upon forty-five (45) days advance written notice to the other. This Agreement may be terminated for cause consisting of failing to comply with any of the provisions of this Agreement upon ten (10) days advance written notice. In the event of Attorney's disbarment or suspension from the practice of law, this Agreement shall terminate as of the effective date of such disbarment or suspension. In the event of a termination without cause, the Attorney shall continue to accept and represent to conclusion court assigned cases during the forty (45) day period and will be compensated for such court assigned cases pursuant to Section II above. SECTION VII INSURANCE AND INDEMNIFICATION During the term of this Agreement, the Attorney shall maintain errors and omissions insurance coverage with the City of Pasco as an additional named insured on the policy and shall include anyone else acting for or on behalf of the Attorney in the performance of this Agreement as an additional named insured on any such policy. Such insurance shall be obtained from any insurance company authorized to do business as such in the State of Washington, and shall have policy limits of Two Hundred Thousand Dollars ($200,000.00) or more. At the time of commencement of the performance of services hereunder, the Attorney shall submit evidence that such insurance is in force and that such insurance will not be canceled without first giving thirty (30) days written notice to the City. DATED this day of . 200— CITY OF PASCO Manor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr Citv Clerk City Attorney A�I70RNEY orney 02/28/2008 16:32 FAX 15095477745 ROACH LAW OFFICES 10 001 ROACH LAW OFFICES, LLP ATTORNF,Yti AT I,AW PATRICK T ROACH 9221 sandifur Partway,Suitc C Phone(509)547-7597 THOMAS W ROACH Pasco,washinvoo 99301 Fax(509)547-7745 BRIAN P ROACII www Wachlaw.com LAURIE L.MAGAN CARLOS O.VILLARRr•.AL February 28, 2008 SENT VIA FACSIMILIE TO(509) S43-S727 Pasco City Clerk Attn: Debbie Clark PO Box 293 Pasco, WA 99301 RE: Notice of Termination of Pasco Municipal Indigent Defense Contract Dear ids. Clark: Please accept this letter as my 45-day written notice to terminate my personal service contract with the City of Pasco for the criminal representation of the indigent. As of today, I will continue to accept and finish out any cases assigned to me within the next 45 days, as agreed to in my contract with the City of Pasco. Once that obligation has expired (April 13, 2008), I intend to enter solely into private practice here in Pasco. 1 thank you for the wonderful opportunity I have had to work in the public defense arena. Feel free to contact me if you have any questions or concerns with my understanding of the contract agreement. Sincerely, ROACH LAW OFFICES, LLP Carlos Villarreal CDV/cdv Enclosures; a/-, PIUSERWarlos V i11wTcW\Pcrsunu1kWeitten Notice to Terminate Defense Contract dot MEMORANDUM To: Stan Strebel, Director Administrative & Community Services From: Debbie Clark, City Clerl� Date: March 4, 2008 Subject: Indigent Defense Representative Stan, On February 28, 2008, Carlos Villarreal, Attorney at Law presented his notice to terminate his Indigent Defense contract with the City of Pasco. Per the terms of the contract Section VI ...either party without cause upon forty-five (45) days of advance written notice... may terminate the contract. Mr. Villarreal's last day will be April 13, 2008 (please see attached letter dated February 28, 2008). September 7, 2007 Ryan Swinburnson Indigent Defense informed staff of his desire to terminate his Indigent Defense contract with the City of Pasco_ Staff advertised and conducted interviews with three qualified applicants for his position replacement; Carlos Villarreal, Heidi Ellerd and Nicole Preszler. On October 15, 2007 Mr. Villarreal was appointed by Council to represent indigent defendants. November 29, 2007 Chris Herion Indigent Defense informed staff of his desire to terminate his Indigent Defense contract due to his responsibilities with the U.S. Army. On December 17, 2007 Ms. Heidi Ellerd was appointed by Council to represent indigent defendants. In an effort to avoid disruption to the Municipal Court process and placing undue burden on Ms. Ellerd, the Interview Committee recommends consideration of Ms. Nicole Preszler as Indigent Defense Representative effective April 1, 2008 - filling the vacancy created by Mr. Villarreal. Staff contacted Ms. Preszler to inquire of her interest in the Indigent Defense Representative position; Ms. Preszler informed staff she was interested in representing indigent defendants for the City of Pasco. Please note: 2008 — 2009 terms of the contract are the same as the terms accepted by Ms. Ellerd. Please advise, Debbie AGENDA REPORT TO: City Council March 14, 2008 FROM: Gary Crutchfi Manager Regular Mtg.: 3/17/08 SUBJECT: Appointments o Corridor Enhancement Study Committee I. REFERENCE(S): 1. Resolution No. 3053 forming an Ad-Hoc Corridor Enhancement Study Committee II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 3/17: MOTION: I move to confirm the following Mayoral appointments to the Corridor Enhancement Study Committee: City Council: Matt Watkins (Chair) and Al Yenney; Planning Commission: Todd Samuel and Dave Little; Chamber of Commerce: Carrie Chambers, Spence Jilek, Fred Ackerman, Jim O'Conner and John Serle. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) The City Council passed Resolution No. 3053 in December to create an ad-hoc study committee to update the 1995 Gateways and Corridors beautification plan. The resolution calls for the appointment of nine members by the Mayor selected from the City Council, Planning Commission and Pasco Chamber of Commerce. V. DISCUSSION: A) The Mayor has selected those individuals reflected in the proposed motion for appointment to the study committee. Each has been contacted to affirm their willingness to participate. The Mayor requests confirmation by action of the City Council. 3(f) RESOLUTION NO. &?)5 3 A RESOLUTION of the Pasco City Council forming an ad-hoc Corridor Enhancement Study Committee to recommend modifications to the Gateways and Corridors Beautification Plan. WHEREAS, the City Council approved a "Gateways and Corridors Beautification Plan" under Resolution No. 2215 in 1995, to be used as a guide in achieving aesthetic and functional improvements along certain key street corridors in the city; and WHEREAS, the city has accomplished much of the recommended improvements on certain corridors, specifically East Lewis Street, West Lewis Street and part of 20`h Avenues; and WHEREAS, some of the corridors recommended for improvement in 1995 have been subsequently influenced by adjacent private development over the past 12 years; and WHEREAS, the City Council desires that a fresh evaluation of the objectives and recommendations of the 1995 plan be undertaken and appropriate revisions be identified for Council consideration; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: SECTION 1: An ad-hoc Committee, to be referred to as the "Corridor Enhancement Study Committee," is hereby authorized and shall be composed of nine members appointed by the Mayor and selected from the following respective bodies: • Two members of the City Council, one of which shall chair the committee; • Two members of the Planning Commission; • Five members of the Pasco Chamber of Commerce. SECTION 2: The committee, after reviewing the 1995 plan and evaluating existing conditions on those corridors the committee deems appropriate,shall, in writing, advise the City Council of any modifications it deems appropriate for the 1995 Gateways and Corridors Beautification Plan. SECTION 3: The committee shall provide its recommendation to the City Council by June 1, 2008 and shall be supported by staff as assigned by the City Manager. PASSED by the City Council of the City of Pasco this 17th day of December 2007. &ir,4 ojft� Joyc 1 , Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Jerk Leland B. Kerr, City Attorney GENERAL FUND OPERATING STATEMENT THROUGH FEBRUARY 2008 CASH BASIS YTD % OF YTD TOTAL % OF 2008 2008 ANNUAL 2007 2007 TOTAL ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL REVENUE SOURCES: TAXES: PROPERTY 38,211 5,503,000 0.7% 1,423,533 5,077,608 28.0% SALES 1,416,826 8,050,000 17.6% 1,198,095 8,652,647 13.8% UTILITY 1,251,440 7,070,000 17.7% 200,808 6,788,746 3.0010 OTHER 232,989 940,000 24.8% 446,816 908,784 49.2% LICENSES& PERMITS 449,835 970,900 46.3% 90,184 1,708,999 5.3% INTERGOV'TREVENUE 126,783 1,186,500 107% 419,179 1,348,642 31.1% CHARGES FOR SERVICES 404,703 2,598,500 15.6% 127,322 2,534,636 5.0% FINES & FORFEITS 135,535 874,900 15.5% 140,409 951,007 14.8% MISC. REVENUE 97,199 853,300 11A% 5,887 1,031,475 0.6% OTHER FIN. SOURCES 5,400 133,000 4A% 0 192,405 0.0% TOTAL REVENUES 4,158,921 28,180,100 14.8% 4,052,233 29,194,949 13.9% BEGINNING CASH BALANCE 6,000,000 6,000,000 5,391,199 5,391,199 TOTAL SOURCES 10,158,921 34,180,100 29.7% 9,443,432 34,586,148 27.3% EXPENDITURES: CITY COUNCIL 20,318 115,325 17.6% 136,400 95,638 142.6% MUNICIPAL COURT 171,270 1,113,625 15.4% 97,913 1,018,930 9.6% CITY MANAGER 131,788 670,400 19.7% 1,824,944 674,083 270.7% POLICE 1,665,619 10,223,061 16.3% 535,644 9,974,886 5.4% FIRE 646,441 3,855,500 16.8% 557,368 3,742,309 14.9% ADMIN &COMMUNITY SVCS 742,733 5,092,640 14.6% 146,155 4,718,187 3.1% COMMUNITY DEVELOPMENT 181,093 1,080,695 16.8% 166,936 1,335,246 12.5% ENGINEERING 214,869 1,176,600 18.3010 457,318 988,931 46.2% MISC. NON-DEPARTMENT 721,672 5,398,010 13.4% 176,405 4,572,029 3.9% LIBRARY 178,678 1,161,010 15.4% 0 1,102,917 0.0% TOTAL EXPENDITURES 4,675,481 29,886,866 15.6010 4,099,083 28,223,156 14.5% ENDING FUND BALANCE 4,293,234 6,362,992 TOTAL EXPEND AND END FUND BAL 34,180,100 34,586,148 AVAILABLE CASH BALANCE 5,483,440 5,344,349 PERCENTAGE OF BUDGET ALLOCATED FOR 2 MONTHS 16.7% • Authorized but non-budget expenditures of $2,200 (cumulative)which will effectively reduce the ending fund balance. These statements have been adjusted to the Cash Basis of Accounting to provide an available cash balance at month end. The City's CAFR is prepared using the Accrual Basis of Accounting. These statements are intended for Management use only. 6(b) AGENDA REPORT NO. 10 FOR: City Council DATE: 3/12/08 TO: Gary Crutchfie anager WORKSHOP: REGULAR: 3/17/08 FROM: David 1. McDonald, City Plann SUBJECT: ALLEY VACATION- A portion of the alley in Block 5, Longs First Addition (MF #VAC-08-002) 1. REFERENCE(S): A. Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to continue the public hearing on the proposed alley vacation for Block 5, Longs First Addition to the regular meeting of April 7, 2008. I1I. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On March 3, 2008 the City Council conducted a hearing to consider vacating a portion of the alley in Block 5, Longs First Addition. The hearing was continued to March 17, 2008 to grant the petitioner and Cascade Natural Gas additional time to workout details necessary for the relocation of a gas line. V. DISCUSSION: Vacation of the proposed alley and dedication of a replacement alley will require the re- routing of approximately 200 feet of gas main. The estimated cost of the gas line relocation ranges from $7,500 to $10,500. While the petitioner and the gas company have discussed the relocation costs an agreement has not been reduced to writing. Due to the fact the petitioner has been out of town and unable to work on an agreement it will be necessary to continue the hearing to the next regular meeting of April 7, 2008. VI. ADMINISTRATIVE ROUTING: I 9(a) p'u A i t dt �n •! �'+.��l.�wn i2� � tµ ��C'J Yr':N� ^�. �� - =� �.• r �.`"= ;,i ��; � tip :.. -Y Nvi�y �1�. P,, ��;1 •�"� .m3l�,f' rA'' •'i � .� <'#' rrs i► � ;ar { r� � �I � .}���,K •;�^'' .mac ya, J'�:Wf'•"�.y 2'2 S Y -'4FF ` „'ir :'�'� '�2 6 �� ��. 1 2 AGENDA REPORT NO. 04 FOR: City Council March 07, 2008 TO: Gary Crutch i Manager FROM: Robert J. Albe 'Works Director Workshop Mtg.: 03/10/08 Regular Mtg.: 03/17/08 SUBJECT: Award Fire Station#83 Vehicle Storage Project I. REFERENCE(S): 1. Bid Summary 2. March 5, 2008 Letter H. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 03/10: Discussion 03/17: MOTION: I move to award the low bid for the Fire Station 983 Vehicle Storage Project to Winthrop Construction, Inc. in the amount of$382,190.70 including sales tax, with the March 5, 2008 letter from Winthrop Construction, Inc. as the conditions of award, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) On February 13, 2008 staff received six (6) bids for the Fire Station 483 Vehicle Storage Project. The low bid was received from Winthrop Construction, Inc. in the amount of$382,190.70 including applicable sales tax. The second lowest bid as received from Zeigler Construction in the amount of $425,619.00 including applicable sales tax. V. DISCUSSION: A) The project entails the construction of a vehicle storage building for the Fire Department adjacent to the Road 68 fire station. This project had previously been bid with the bids being rejected due to the costs being higher than expected. The bids received on February 13, 2008 are also higher that what staff had hoped and more than the $350,000 budget. The City did receive a letter dated March 5, 2008 from the low bidder, Winthrop Construction, Inc. stating that they observed areas of potential change in building design and placement that could result in cost savings. In other words, there may be an opportunity to reduce the costs with some design changes. The low bidder is willing to accept an award by the City with the conditions outlined in the March 5, 2008 letter. B) The conditions include the low bidder provide alternatives to the design for the City's consideration, the City may direct the low bidder to proceed with construction of the original design, direct the construction of the building with modification identified in a change order which would also reflect any changes in costs, or the City may cancel the contract. In the event the City cancels the contract, the Contractor would receive a payment of$9,600.00. C) Staff believes there are three options: 1. Award the contract as bid and increase the budget. 2. Reject all the bids and rebid with design modifications not yet identified. 3. Award the contract to the low bidder with the award being conditioned in accordance with the March 5, 2008 letter. Although unusual, staff recommends Option 3 considering the circumstances, with award of this contract to Winthrop Construction, Inc. 10(a) City of Pasco Fire Station # 83 Vehicle Storage Building February 13, 2008 BID SUMMARY 1. Winthrop Construction, Inc. $3825190.70 2. Zeigler Construction $425,619.00 3. Fowler General Construction $434,107.55 4. G-2 Construction $445,654.50 5. Siefken & Sons $4643,607.00 6. Industrial Constructors $4741,039.93 March 5, 2008 W I N T H R O P CONSTRUCTION, INC. Citv of Pasco WA CONT.LIC.k WINTHCI 066KO Attn: Michael McShane P.E., City Eri 1neeT 9315 W_ Argent Road y g Pasco, WA 99301 525 N. 3rd Avenue Pasco, WA 99301 (509) 542-1988 Fax (509) 542-1989 Dear Sirs; Re: Fire Station No. 83 Vehicle Storage Building In preparation of our Bid Offer for the above referenced project, we observed areas of change.in building design and placement of the building structure on property that could result in cost savings to the City; both initially and as well as providing lower life cycle costs. Winthrop Construction, Inc. as low bidder for the Fire Station No. 83 Vehicle Storage Building is willing to accept conditionals on the Award from the City of Pasco. The conditions of award would be: • Winthrop Construction, Inc,within 30 calendar.days following the Award will provide two (2) alternates to the design for consideration by the City. If an alternate is acceptable by the City, a Change Order reflecting the change will be signed by both parties. • Within 45 calendar days following execution of the Contract,the City will issue a Notice to Proceed for the original design, a Notice to Proceed for the Change Order, or cancel the Contract. In the event the Contract is cancelled, Winthrop Construction, Inc. would accept a$9,600 payment for all costs incurred and accept the cancellation of the Contract without challenge. Respectfully submitted, 'I, 4G.4� Stephen W. Dean, President AGENDA REPORT NO. 15 FOR: City Council March 13,2008 TO: Gary Crutch ty Manager Robert J. Al j bl;c Works Director FROM: Michael Me ity Engineer Regular Mtg.: 03/17/08 SUBJECT: Award the Rebid Butterfield WTP Modifications Valves Replacement and Weirs Installation, Project#07-2-05 I. REFERENCE(S): 1. Bid Summary 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 03/17: MOTION: I move to award the low bid for the Rebid Butterfield WTP Modifications Valves Replacement and Weirs Installation Project, #07-2-05 to Intermech/Thompson Mechanical in the amount of $379,895.00 plus applicable sales tax, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Water Fund IV. HISTORY AND FACTS BRIEF: A) On March 13, 2008 staff received three (3) bids for the Rebid Butterfield WTP Modifications Valves Replacement and Weirs Installation Project, #07-2-05. The low bid was received from Intermech/Thompson Mechanical in the amount of $379,895.00 plus applicable sales tax. The second lowest bid was received from Ray Poland & Sons, Inc. in the amount of$412,264.00 plus applicable sales tax. The Engineer's estimate for this project is $379,500.00 plus applicable sales tax. B) City previously bid this project and Council rejected all bids on February 19, 2008 and instructed staff to rebid the project. The valves need to be replaced promptly, therefore staff expedited the rebid process. V. DISCUSSION: A) 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 $110,000 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$100,000 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. B) 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. Staff recommends award of this contract to Intermech/Thompson Mechanical. 10(b) it City of Pasco Rebid Butterfield WTP Modifications Valves Replacement and Weirs Installation, Project #07-2-05 March 13, 2008 BID SUMMARY 1. Intermech/Thompson Mechanical $3799895.00 2. Ray Poland & Sons $412,264.00 3. Triad Mechanical $345,000.00 rr +;'��r\ t,��. �i '.� t`"1 ' �"re�i F :•ry -3��'p_ 4'�.IkE,- ' "41 11 1 wit g'{ .44 ort� � c�•�" ''• 'tai`=�- - ��• ��i#- ��I:ti !t"1,���'.I�.�F• � t '+�` S�✓" t. '�•'"a•fit y{l, t ,;.1"- .r9 '+ti:...t. v""•, 7 i'Stp'�, � a �yll� �•� �tl� Ys,•, q „� � p .: / qt y � � � •fit Q •F�•J�'�``�j'FB��i,..; �� ��„� �� "'s4'�'��:_�'�7��1:��` ��` -S. 4�` L%1 -�x 1.N• it q 1 ili�J r� qd' t �i ttir� .-` j(I ILI FRI rte' t y ;'�.._� ' '� ""�.� +•'�•.�+.•� i's� �l.,rE ,'�i���s��,��,. • 44 i���' � i':i y fSw. •s�1�1..+��,� � ,;' � i`�Y:Z..' �+ �' lJr�' ''*L�` f +.*►i• �`' ,� f¢, j' � i o r � .. ur•r 4 ? ,, F� a °FR �•f .� p Y { 4bbr �• L f � '7if11- �� �� r � ' r fi�' ;M•e' t.pr� 1 l � e s�.a�, r ,.rein « IL f "'L{, v •� 1" Ytg ; w L s � r AGENDA REPORT NO. 13 FOR: City Council March 12, 2008 TO: Gary Crutc i t Manager Robert J. Al , Pai lie-W�rks Director FROM: Michael Mc h Y Engineer Regular Mtg.: 03/17/08 SUBJECT: Award Commercial Avenue Reconstruction, Project#05-3-07 I. REFERENCE(S): 1. Bid Summary 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 03/17: MOTION: I move to award the low bid for the Commercial Avenue Reconstruction Project, #05-3-07 to Granite Northwest, Inc. dba Transtate Asphalt in the amount of$101,112.00, including Alternate B, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Arterial Street IV. HISTORY AND FACTS BRIEF: A) On March 12, 2008 staff received three (3) bids for the Commercial Avenue Reconstruction Project, 05-3-07. The low bid was received from Granite Northwest, Inc. dba Transtate Asphalt in the amount of $101,112.00, including Alternate B. The second lowest bid was received from Inland Asphalt in the amount of $115,815.00, including Alternate B. The Engineer's estimate for this project is $111,697.50, including Alternate B. V. DISCUSSION: A) The project includes the removal of 1,000 linear feet of asphalt on Commercial Avenue south of Hillsboro Street. Upon removal, the asphalt will be replaced with new pavement. The road is approximately 36 feet wide. Staff recommends award of this contract to Granite Northwest, Inc. dba Transtate Asphalt. i 10(c) City of Pasco Commercial Avenue Reconstruction Project #05-3-07 March 12, 2008 BID SUMMARY 1. Granite Northwest, Inc. dba Transtate Asphalt $1011,112.00 2. Inland Asphalt $1159815.00 3. A&B Asphalt $116490.00 II COMMERCIAL AVE, RECONSTRUCTION PROJECT NO. 05-3-07 L _ _ _ _ _ _ _ PROJECT LIMITS HILLS RO ST I-182 � AMES ST \ ' 0 . 1 � \ o x �-- 02 ST LEWi TY1' VICINITY MAP rap.ac am,e.ed.,.:�ca�vacaa SCALE : NONE .ve ¢racy scrE .a