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HomeMy WebLinkAbout2008.05.27 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. May 27, 2008 Please note that our Council Meeting will take place on Tuesday, May 27 as City Hall will be closed Monday,May 26 in honor of Memorial Day. 1. CALL TO ORDER 2. VERBAL REPORTS FROM COUNCH.MEMBERS: 3. ITEMS FOR DISCUSSION: (a) Senior Services Advisory Committee Interviews: 1. Agenda Report from Gary Crutchfield, City Manager dated May 22, 2008. 2. Applications (2) (Council packets only). (b) Columbia River Crossing Study: 1. Agenda Report from Robert J. Alberts,Public Works Director dated May 20, 2008. (c) Amendment No. 2 to the Professional Services Agreement with The Transpo Group: 1. Agenda Report from Robert J. Alberts, Public Works Director dated May 20, 2008. 2. Amendment No. 2 to the Professional Services Agreement, Figures 1 & 2. (d) Amendment No. 3 to the Professional Services Agreement with the Transpo Group: 1. Agenda Report from Robert J. Alberts, Public Works Director dated May 20, 2008. 2. Amendment No. 3 to Professional Services Agreement for Mobility Strategy. 3. Study Boundary Map. (e) Baseball Stadium Lease Amendment: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated May 22, 2008. 2. Proposed Lease Amendment. 3. Letter of Understanding. (f) New Police Officer Position: 1. Agenda Report from Denis Austin,Chief of Police dated May 20, 2008, 2. Addendum to Interagency Agreement. (g) Interagency Agreement for Summer School Services: 1. Agenda Report from Denis Austin, Chief of Police dated May 20, 2008. 2. Proposed Interagency Agreement. (h) Professional Services Agreement for Corridor Enhancement Study: 1. Agenda Report from Gary Crutchfield, City Manager dated May 23, 2008. 2. Proposed Agreement. (i) Bargaining Contract with IAFF,Local 1433: 1. Agenda Report from Lynne Jackson,Human Resources Manager dated May 22, 2008. 2. Proposed Collective Bargaining Agreement (Council packets only; copy in Human Resources office and Pasco Public Library for public review). 4. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 5. EXECUTIVE SESSION: (a) (b) (c) 6. ADJOURNMENT. REMINDERS: 1. 10:00 a.m., Tuesday, May 27, Road 68 & Burden Blvd. - Lourdes Women's and Children's Center Blessing &Groundbreaking Ceremony. (MAYOR JOYCE OLSON) AGENDA REPORT TO: City Council May 22, 2008 FROM: Gary Crutchfie 1 Manager Workshop Mtg.: 05/27/08 SUBJECT: Senior Services Advisory Committee Interviews I. REFERENCE(S): 1. Applications (2) (Council packets only) H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 5/27: Council to conduct brief interviews with Gloria Anderson and Linda Hendrickson-Patrick. III. HISTORY AND FACTS BRIEF: A) The Senior Services Advisory Committee is composed of four members; terms are for three years. The committee meets on the second Tuesday of each month at 10:00 a.m. B) The Senior Services Advisory Committee advises the City Council on programs, activities and interests of senior citizens as they relate to the Senior Citizen Center. C) At the present time there are two vacancies on the commission: 1. Position No. 3 (vacant) term expiration date of 411111 2. Position No. 4 (vacant)term expiration date of 411111 D) Of the original six applicants, three were not eligible due to the "50 years" age requirement and another refused to be interviewed. The Screening Committee recommends interviews of the two remaining applicants. 1. Gloria Anderson.................................................1828 W. Yakima Street 2. Linda Hendrickson-Patrick.......................................828 S. l0`h Avenue IV. DISCUSSION: A) After conduct of interviews at the May 27 Workshop meeting, it is proposed that appointments be made by the Mayor, subject to confirmation by the Council, at the June 2 meeting. 3(a) AGENDA REPORT NO. 11 FOR: City Council May 20, 2008 TO: Gary Crutchfi t Manager FROM: Robert J. Albe 4Ze-Works Director Workshop Mtg.. 05/27/08 SUBJECT: Columbia River Crossing Study I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 05/27: Discussion III. FISCAL IMPACT: t $25,000 to $60,000 IV. HISTORY AND FACTS BRIEF: A) On October 9, 2006 Mr. Mark Kushner, Transportation Director for the Benton Franklin Council of Governments (BFCG) discussed with Council the finding that came out of the preliminary study for a new bridge across the Columbia River. The initial finding indicated a new Columbia River Bridge between Road 100 and the SR395 Blue Bridge or adding onto the SR395 Blue Bridge would be beneficial in the future. A more detailed review would be needed. V. DISCUSSION: A) Since the October 9, 2006 meeting, the BFCG has been in discussion with all the local agencies including WSDOT on how to proceed forward on the next review. The next step is to identify the project and retain a consultant to perform a review with the aid of a traffic computer model. The project would be to review the need for a bridge between Road 100 and the SR395 Blue Bridge or a bridge between Road 68 and the SR395 Blue Bridge. Since the project has regional significance, the BFCG has received the following fund commitments. BFCG $25,000 WSDOT $10,000 BF Transit $10,000 Franklin Co. $10,000 Kennewick $10,000 Pasco (budgeted) $10,000 The City's portion is budgeted only and has not been approved for expenditures by Council. Mr. Kushner will discuss with Council the status of the project, the bridge options and funding. 3(b) AGENDA REPORT NO. 08 FOR: City Council May 20, 2008 TO: Gary Crutchfi anager FROM: Robert J. Albe cr�Vorks Director Workshop Mtg.: 05/27/08 f Regular Mtg.: 06/02/08 SUBJECT: Amendment No. 2 to Professional Services Agreement with The Transpo Group I. REFERENCE(S): I. Amendment No. 2 to Professional Services Agreement Figures 1 & 2 II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 05/27: Discussion 06102: MOTION: I move to approve Amendment No. 2 to the August 16, 2004 Professional Services Agreement with The Transpo Group authorizing additional transportation and traffic management services not to exceed $39,500 and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The existing I-182 access points at Road 100 and Road 68 create constraints on how to manage the increasing volume of traffic. In 2007, staff had The Transpo Group identify several options that may help alleviate current and future traffic impacts. Three potential projects were identified that would need further review and discussions with Washington State Department of Transportation and the Federal Highway Administration (Figure 1). V. DISCUSSION: A) This amendment is to determine the feasibility of these options and to show the benefits that would be gained if any or all of the options would be implemented. This review would be consistent with Councils' Road 68 Congestion Goal. The amendment would also review if there are any viable options for the under/overpasses of I-182 connecting Burden Boulevard and Argent Road or Chapel Hill Boulevard south (Figure 2). Jon Pascal of The Transpo Group will make a short presentation and address any questions. This project is not in the 2008 budget and the costs would need to be reflected in the year end supplemental budget. Staff recommends approval of Amendment No. 2 to The Transpo Group Professional Services Agreement. 3(c) AMENDMENT NUMBER 2 to PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City and The Transpo Group entered into a Professional Services Agreement on August 16, 2004, with respect to on-going transportation and traffic management services. NOW, THEREFORE, this agreement is amended to allow The Transpo Group to provide additional transportation consulting and traffic design and engineering services. 1. Scone of Work. Scope of service includes the evaluation of transportation options outlined in Exhibit A (Figure 1 and Figure 2). 2. Fee. The compensation for the work shown in Exhibit A is based on a time and material basis not to exceed $39,000. 3. Time of performance. The services shall be completed for the project within 180 days. DATED THIS DAY OF 72008. CITY OF PASCO: CONSULTANT—The Transpo Group: Joyce Olson, Mayor Signature Title ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Ken, City Attorney The Transpo Group 1 Amendment No.2 Professional Services Agreement—On-going Services Exhibit A The 0 Tr_a nspo Group Client Name: City of Pasco - __ __ Project Name: 1-182 / Road 68 Options Exhibit Dated: April 18, 2008 TG: 08161.PR The City Public Works Department recently conducted a preliminary assessment of various potential new roadway connections in the 1-182 corridor / West Pasco area. A series of alternative options were identified with the objective of reducing traffic congestion along Road 68 near the I-182 interchange and the Burden Blvd intersection. The preliminary assessment resulted in the identification of a limited number of alternatives that were judged to merit further review and analysis. The selected alternatives are shown on the attached figures, and include new surface street connections across I-182, or new freeway connections with I- 182. Based on this initial work, the City Public Works Department recommends developing a more detailed analysis of engineering feasibility and traffic evaluation of potential benefits shown in Figure 1 and Figure 2. Table 1 documents the estimated cost for this work by major task. Table 1. Fee Projection by Task Task Description Fee Projection 01 Engineering Feasibility $15,000 02 Traffic Operations/Safety Analyses $13,000 03 Meetings/Coordination $11,500 04 Follow-On Services T&M' 1. T&M=Time-and-materials. This work will include the following subtasks: • Refinement of alternative elements based on further engineering review • Develop conceptual drawings • Develop planning level cost estimates • Refine traffic model to better account for congestion effects • Assess traffic safety impact of proposed alternatives. • Meetings with WSDOT and FHWA to review proposed interchanges and issues regarding design standards • Explore the need and process for developing an Interchange Justification Report. The analysis will result in a feasibility study of the proposed alternative and more refined elements to evaluate the costs and potential traffic benefits. This analysis and meetings are expected to be conducted over the course of the next several months with direction as to the next steps completed by the end of July 2008. The consultant will conduct the work on a time and materials basis with a fee not to exceed $39,500. Page 1 � A - > > 7 00 20th Ave V j.. C a Q a z = ° a . Road 36 / IT Road 44 m Y Road 60 m ..,.,`_ . s _ pro Roo 68 PI — +1 a t / f = f cn co cz EL Q _ O Y2 ?. PAIS.J oowp2010., U p E CU c a cli APO N 5 V 0 J3- m U cv �I U) _ .. 3 m Tr > > _> a a m m m in I c c 3 W - L 20th Ave C T.. Road 36 — �• IT : t ; Road 44 4� 7 i. co Road 60 m H Ai Roa 68 PI Ro a 6g; y : i - f, r i LLJJ RL ? O all Cox PAla4.00w ii (D co O k t2 CO 0 z 0 LIE s ti .� AGENDA REPORT NO. 10 FOR: City Council May 20, 2008 TO: Gary Crutchfi 1 Manager FROM: Robert J. Alberts Pig—Works Director Workshop Mtg.: 05/27/08 Regular Mtg.: 06/02/08 SUBJECT: Amendment No. 3 to Professional Services Agreement with The Transpo Group I. REFERENCE(S): 1. Amendment No. 3 to Professional Services Agreement for Mobility Strategy 2. Study Boundary Map IL ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS: 05/27: Discussion 06/02: MOTION: 1 move to approve Amendment No. 3 to the August 16, 2004 Professional Services Agreement with The Transpo Group authorizing additional transportation and traffic management services not to exceed $53,000 and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The transportation network which accommodates both traffic and pedestrian needs in and around the downtown area were established years ago when the downtown was the focal attraction. Lewis Street was the main entrance and a state highway. The main arterial road from Lewis Street into the county was 4`h Avenue. Over time the Blue Bridge, Cable Bridge and 1-182 were constructed, which all altered to some degree, the traffic patterns. V. DISCUSSION: A) The proposed study is to review the area between Clark Street and Court Street between 3`d Avenue and 5th Avenue. The study would review the existing and future land uses. The study would evaluate the transportation network as to the relativity to today's usage and the projected needs. The emphasis would be on the actual needs for vehicles (such as the number of lanes), parking and pedestrian patterns. Staff believes with the land use changes occurring in the study area a review is needed. B) Amendment No. 3 from The Transpo Group outlines the proposed study. Jon Pascal of The Transpo Group will make a short presentation and address any questions. The fee would be on a time and material basis not to exceed $53,000. The project is not in the 2008 budget and the expenditures would need to be reflected in the year end supplemental budget. Staff would also engage in discussions with both Lourdes Medical Center and Franklin County for potential cost sharing. Staff recommends approval of Amendment No. 3 to The Transpo Group Professional Services Agreement. 3(d) AMENDMENT NUMBER 3 to PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City and The Transpo Group entered into a Professional Services Agreement on August 16, 2004, with respect to on-going transportation and traffic management services. NOW, THEREFORE, this agreement is amended to allow The Transpo Group to provide additional transportation consulting and traffic design and engineering services. i. Scope of Work. Scope of service includes the evaluation of transportation options outlined in Exhibit A. 2. Fee. The compensation for the work shown in Exhibit A is based on a time and material basis not to exceed$53,000. 3. Time of performance. The services shall be completed for the project within 270 days. DATED THIS DAY OF , 2008. CITY OF PASCO: CONSULTANT—The Transpo Group: Joyce Olson, Mayor Signature Title ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney The Transpo Group 1 Amendment No, 3 Professional Services Agreement—On-going Services The Exhibit A Tittgp- 0 Group Client Name: City of Pasco ..... ........ ........................................ Project Name. ...Mobility Strategy Exhibit Dated: April 18, 2008 TG: 08125.PR introduction Based on discussions with the City of Pasco,we have prepared a scope of work to assist in developing a. mobility strategy for the downtown area north of Clark Street. The study area is bounded to the south by W Clark Street, to the north by W. Court Street, to the east by N. Second Avenue and to the West by N. Fifth Avenue. The purpose of the study is to review the transportation system in the study area. The transportation system consists of all facilities for traffic,bicyclists and pedestrians. Current and future transportation needs will be part of the strategy. The proposed approach 'includes future transportation needs, defining goals and objectives, a review of existing conditions, and the identification of potential programs and projects to meet the objectives. Scope of Services The proposed work program is organized into seven tasks, as follows: • Task 1: Transportation system inventory and data collection • Task 2: Existing transportation conditions analysis • Task 3: Existing and future land use analysis • Task 4:Future transportation conditions analysis • Task 5: Identification of potential transportation improvements • Task 6: Goals and Priorities (draft and final report) Task I- Transportation System Inventory and Data Collection This task covers an 'inventory of existing transportation facilities and an analysis of the current use of the system. The consultant team will identify and gather existing data and 'information relevant to transportation conditions. Relevant information include roadway geometry (number of lanes, lane widths), intersection control (channelizarion, signal timings), transit, pedestrian and bicycle facilities, traffic volumes (for all modes),accident data, parking supply and demand data. Missing information will be identified and additional information will be collected to fill the gaps. Additional data collection will include: • Turning movement counts at key intersections • Tube counts with vehicle classification on key routes • Pedestrian crossing volumes • On-street parking utilization survey Page 1 The Exhibit A Tmfi _po Group Deliverables • Inventory of existing tran.portation facilities(maps and nafv'ative) • Gathering of existing data and information • Additional data collection CCit.y_Suppovi: • Ident i existing data sources • Assemble existing information Task 2 - Existing Transportation Conditions As part of this task, the consultant will document existing transportation conditions within the study area, and identify existing issues and deficiencies. The review of existing conditions will include: • Traffic Operations - Review and evaluate intersection level of service at major intersections. Identify the existing levels of congestion and any operational deficiencies at intersections and along major arterials. • Traffic Safety—Review and document recent accident data. Highlight high accident locations. • Transit Operations — Identify transit routes, frequency of service and bus stops. Present transit ridership information. Describe operational deficiencies affecting transit circulation • Parking Management — Identify on-street and off-street parking supply. Describe current parking management strategy. Document existing parking utilization ratios. Evaluate if current parking supply and pricing structure are adequate. • Bicycles and Pedestrians — Identify existing facilities (sidewalks, crossings, paths, trails, lighting) and level of use. Describe main generators of bicycle and pedestrian travel within and near the study area: retail/commercial districts, residential areas, community centers, parks.... Identify locations needing safety improvements. • Truck Delivery Routes— Identify truck routes and document existing level of truck traffic. Deliverables • Summary of existing transportation conditions • Identification of existing issues and defi envies City.. Support • Provide available information • Facilitate contacts with other agencies as needed(Ben Franklin Transit, WISDOT...) TASK 3 - Existing and Future Land Use Analysis This task will review and describe existing land uses and land use designations within the study area. It is important to review what types of residential or commercial developments are present and planned in the study area to understand the access needs for businesses and residences. The municipal zoning Page 2 The Exhibit A rManSp0 Gralp code will be reviewed to provide more detailed information on the specific zoning districts that implement the land use designations. The land use information provides the foundation of travel demand forecasting to analyze future transportation conditions. The study area is divided into Transportation Analysis Zones (TAZs) for transportation planning purposes. The TAZs are the "building blocks" of the travel demand model. Land use data represents the number and type of residential and employment uses. Land use for residential is divided into single-family and multi-family households. Land use for commercial is divided into retail, industrial/manufacturing, FIRESG (financial, insurance, real estate, service, government), regional mall, airport, schools, offices, hotel/motel, and assisted living/nursing facilities. Land use data (existing and future) coded in the travel demand model will be reviewed in detail for the study area, and refined if necessary based on the latest information available. Deliverables • Revie2v existing land uses wthin the study area • Summary ofpredictedgrowtb of households and employment • Update future land use data in travel demand model City S�►pporr: • Provide all existing City GIS basemap information, including assessor and relevant transportation data. • Provide summaries of recent building permits, development proposals, and future land use forecasts TASK 4 — Future Traffic Conditions Analysis This task will provide an evaluation of 2025 transportation system operations based on expected growth land use changes and currently planned transportation improvements. The process will involve the following steps: • Evaluate future year 2025 land use and transportation conditions. This will include an evaluation the needs for all modes of travel. • Evaluate traffic circulation patterns, parking demands, and pedestrian activity centers and assess potential conflicts and issues between modes. Deliverables • 2025 transportation system conditions Ciry_Sup�orr: Page 3 Exhibit A imnspo Gralp • Review future transportation land use and network assumptions • Review future traffic control assumptions TASK S - Identification of Potential Transportation Improvements Based on the evaluation of existing and forecasts transportation conditions, a list of transportation improvement strategies and projects will be identified. The strategies and projects will be organized into the following categories: • Street Typology — Review existing and future roadway functional classification. Designate primary purpose of each street within the study area: primary auto circulation; primary pedestrians and bicycles; primary transit circulation. Plan for and design transportation improvements that are adequate for the intended primary users. Identify strategies to maximize efficiency of operations for each mode. • Street Design —. Make sure the street is designed to encourage safe and appropriate driving speeds. Explore design elements corresponding to transitional areas to alert drivers to changes in settings and speeds. Design elements might include: reduced lane widths, medians, curb extensions, landscaping, lighting fixtures, and street furnishings. Identify what level of congestion might be acceptable at intersections. When needed, consider intersection improvements such as added turn lanes that can increase the mobility, capacity and safety of motorists at intersections. • Traffic Calming — Consider ways to reduce motor vehicle speeds in areas of high pedestrian use to improve safety. Ways of managing speeds include: enforcement, street closures, speed humps, chicanes, traffic curbs, and diverters. • Transit Improvements — Select the right locations for bus routes and bus stops based on supporting elements (sidewalks, crossings, parking, pathways). Ensure that sidewalks, clear crossing locations, good signage, lighting and other features are in place near transit stops to improve the safety and comfort of transit users. Assess opportunities for bus lanes to increase the speed and reliability of transit service. Identify needs and opportunities for bus pullouts and on-street transit stops. Promote easy transitions between bike riding and transit. • Pedestrian Circulation and Safes - Focus on crossings and intersections in areas of high pedestrian activity, To increase pedestrian safety, consider: advance stop lines, pedestrian warning signs, reduced design speeds and posted speed limits, increased crosswalk visibility, improved lighting, raised medians, pedestrian phases at signalized intersections. Explore ways of separating pedestrians from the roadway through additional sidewalks, new walkways, trails or grade-separated pedestrian facilities. Consider the needs of persons with disabilities and ensure that ADA requirements are addressed. • Bicycle Circulation and Safe - Implement the City's Bikeway Plan adopted by Resolution 3021, which includes a bike route along 1S` .Avenue and a proposed pathway (along Lewis St, 3`d Avenue, around Volunteer Park to Henry St.). Explore other opportunities for bicycle Page 4 The Exhibit A Tr'd11Sp0 Gaup facilities, both on-road and separated. Ensure that there is continuity in the bicycle network facilities, as well as adequate ties with the transit service. Ensure that pathways are wide enough to accommodate a mix of users (pedestrians, skaters, cyclists with various skill levels). Identify and avoid potential conflicts between on-street parking and bicycles. Improve safety of bicycles at intersections through signs, stripes, and signal timings. • Parking Management - Develop a parking management strategy that addresses current needs and adjusts for future needs. The strategy might involve some of the following elements: identify clear goals based on the City's vision for downtown's future; focus on maintaining parking availability rather than simply increasing demand; implement a pricing structure that meets different types of needs and promote adopted parking goals; ensure that growing parking needs in downtown area do not impact residential neighborhoods; improved signage/information to find available parking; generate revenues to fund some of the downtown area improvements. • Truck Delivery Routes Deliverables • List of potential improvements and recommendations on: - street typology - street design - traffic calming transit improvements - pedestrian circulations and safety - bicycle circulation and safety - parking management. City Sup Orr: • Feedback on feasibility and expected level of support for proposed improvements • Guidance on recommendations for implementation TASK 6 - Goals and Priorities (Draft and Final Report) This task will focus on identifying the specific goals and priorities for the transportation system within the study area. A clear set of goals will guide the development of specific improvements on the transportation system. The goals and policies must be consistent with those adopted in the Comprehensive Plan Study and reflect the City's vision for the future. Working primarily with City staff, the consultant team will develop a set of goals and priorities to guide the development of the downtown mobility strategy. All work will be incorporated into a final report. Deliverables • Identification of specificgoals and policies City_Supp.Qm- Page 5 The Exhibit A S PO Grasp • Provide 60.r vision ofgoalr and poliaes(Lourdes Hospital and Franklin County) • Facilitate contacts with other stakeholders Estimated Budget Transpo will provide the services described in this exhibit on a time-and-materials basis. A breakdown of the budget for each identified task is outlined in Table 1. Table 1. Fee Projection by Task Task Description Fee Projection 01 Transportation Inventory/Data Collection $5,000 02 Existing Transportation Conditions $5,500 03 Land Use Analysis $4,000 04 Future Transportation Conditions $9,000 05 Potential Transportation Improvements 514,500 06 Goals and Priorities/Documentation $8,000 07 Meetings and Presentations $7,000 A total fee of$53,000 is projected to complete the primary tasks as identified in this scope of work. Transpo will work closely with the project team to assure that all efforts are directed in a manner consistent with overall project objections. In the event the proposed scope of services will not successfully meet project objectives,Transpo will coordinate with the City to determine the best strategy for adjusting the scope. Changes in project deliverables may result in additional work not reflected in the scope of services. Should changes occur, Transpo will notify the project team if these changes will require amendments to the scope of services and/or budget. Schedule This work program will be completed over the next six months following the project kick-off. Page 6 STUDY BOUNDARY MAP COURT ST - _ 1 j w ♦ �� Q i Q 1 = Ln 1 ♦ 1 MARIE S 1 - � I r � I > r W Q Q - ♦ _ ♦ N 1 ♦ L M RGIRET ST j 1 ♦ 1 r PARK tT �N S ♦ �1MP S� -A 1 � ♦ O NIXON AT 2�A r y `C ♦ ENE r Z r Z � 5N SN S� ♦ Z � Z ;Tk � gfl ♦ a T� 1 Z �_:�/L S VIA \S DATE: 5.22M uwxx s,se SC11E M AGENDA REPORT FOR: City Council May 22, 2008 TO: Gary Crutchfi anager FROM: Stan Strebel, iv e and Community Workshop Mtg.: 5/27/08 Services Directo Regular Mtg.: 6/2/08 SUBJECT: Baseball Stadium Lease Amendment I. REFERENCE(S): 1. Proposed Lease Amendment 2. Letter of Understanding II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 5/27: Discussion 6/2: Motion: 1 move to approve the First Amendment to the Baseball Stadium Lease and further, authorize the Mayor to sign the amendment. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) At the meeting of May 19, Council considered the issues surrounding the Dust Devil's request for a free standing sign promoting the stadium and the title sponsor, GESA. B) Council instructed staff to work out the details of a lease amendment, to accommodate the sign, consistent with the letter of understanding reviewed at the meeting of the 19'h and addressing Council's concerns. C) The attached Amendment to the Lease has been prepared to address each of the concerns discussed by Council: 1) The sign area is included in the leased premises so that the sign does not become "off premises" (the final lease area dimensions for the entry road and sign area have yet to be determined); 2) The sign must meet all codes; and 3) The sign must be moved to another location on Burden Blvd. in the event the City cannot market the commercial property with the sign in its initial location. D) Staff recommends approval of the amendment to the lease. 3(e) FIRST AMENDMENT TO BASEBALL STADIUM LEASE THIS FIRST AMENDMENT TO BASEBALL STADIUM LEASE (this "First Amendment") is made and entered into this day of May, 2008, by and between the CITY OF PASCO, a Washington municipal corporation ("City"), and NORTHWEST BASEBALL VENTURES I LLC, a Washington limited liability company (the "Tenant"). RECITALS: A. City and Tenant executed that certain Baseball Stadium Lease Agreement dated January_, 2008 (the "Lease") with respect to certain Premises consisting of the Property and Baseball Stadium located in Franklin County, City of Pasco, Washington, all as more particularly described in the Lease; and B. City and Tenant desire to modify certain terms of the Lease, as provided below. NOW, THEREFORE, City and Tenant hereby agree: 1. Recitals. The following sentence shall be added after the second sentence of the Recitals: "The Premises shall also include the entry way and the flag area, subject to the reservations contained in Section 2.2(i) below, as depicted on Exhibit A incorporated herein(the "Entry Road Area')." 2. New Section 2.26). The following language shall be incorporated into the Lease as a new Section 2.2(i): "(i) To use the Entry Road Area, as depicted on Exhibit A, subject to (i) the authorized use by users of the playing fields adjacent to the Baseball Stadium; (ii) City's use for any purpose not inconsistent with Tenant's and Tenant's agents and guests' ingress and egress to the Baseball Stadium and for signage; and (iii) the requirements to maintain and insure the Premises contained in this Lease." 3. New Section 14.2. The following language shall be incorporated into the Lease as a new Section 14.2: "Section 14.2. In the event that Tenant sells the right to name the Baseball Stadium to a third parry ("Sponsor") in accordance with Section XIV above, then Sponsor and Tenant shall be allowed to construct and maintain a sign on the Premises at Sponsor's and Tenant's sole cost and expense. Such sign shall (i) prominently display the name of the Baseball Stadium; (ii) comply with all governmental rules and regulations; and (iii) Sponsor must receive prior written approval of such sign from the City prior to construction. The location of the sign shall be subject to the approval of the City. Sponsor and/or Tenant understand that City is attempting to market the commercial land parcels north of the stadium parking lot and adjacent to Burden Blvd. In the event that removal of the sign to another location is required, in the sole opinion of the City, for the City to market either of the parcels, Sponsor and/or Tenant agrees to relocate the sign, at its sole cost, to a mutually agreeable location along Burden Blvd. City agrees to use its best efforts to market the property under terms that do not require sign relocation." 4. Exhibit A. Exhibit A attached to this First Amendment shall replace the existing Exhibit A to the Lease in its entirety. 5. Counterparts. This First Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Lease or any counterpart may be executed and delivered by facsimile transmission with an executed hard copy to follow. 6. Continued Effect. Except as hereby amended, the Lease shall remain unchanged in full force and effect. If there is any conflict between the terms and provisions of the Lease and the terms and provisions of this First Amendment, this First Amendment shall control. 7. Definitions. All terms and definitions used in this First Amendment not herein defined are to be given the definition of the term as provided in the Lease, unless specifically stated otherwise. S. Authorization. Each party represents and warrants to the other that it is fully empowered and authorized to execute and deliver this First Amendment, and the individual signing this First Amendment on behalf of such party represents and warrants to the other party that he or she is fully empowered and authorized to do so. IN WITNESS WHEREOF, City and Tenant have executed this First Amendment the day and year first above written. CITY: CITY OF PASCO, a Washington municipal corporation By: Its: TENANT: NORTHWEST BASEBALL VENTURES I LLC, a Washington limited liability company By: Its: Exhibit A Pasco Baseball Stadium Leased Premises The South 700 feet of the North 1850 feet of the West 550 feet of the East 1043± feet of the northwest corner of Section 15, Township 9 North, Range 29 East W.M. Franklin County, Washington; together with a xx foot wide strip overlaying the entry road, and a xxx square foot area for the freestanding sign, as shown on the diagram below. ---�----, �•--- awes �.tia. y Fo Entry Ro Area ' ONLY Mal P NG LOT I H - i Q ® • CITY MANAGER (509) 545-3404 / Fax (509) 545-3403 C (Op'y 1 P.O. Box 293 (525 North 3rd Avenue) Pasco,Washington 99301 May 20, 2008 Brent Miles, President Northwest Baseball Ventures I, LLC 6200 Burden Blvd Pasco, WA 99301 Re: Freestanding Sign at Stadium—Letter of Understanding Dear Mr. Miles: This is to formalize our understanding with respect to the freestanding sign that NWBV and GESA wish to install along Burden Blvd, in order to recognize GESA as the title sponsor for the baseball stadium. While our lease agreement provides that NWBV, as tenant, must obtain the City's permission to make improvements at the stadium, there are no specific provisions regarding the proposed sign. There are issues that could arise with respect to any sign and the City's plans to market commercial parcels located north of the parking lot along Burden Blvd. Additionally, there are potential sign code issues that could come about with the sale of these parcels. In order to allow NWBV to proceed with plans to complete signage before the summer baseball season, the City is willing to give its permission for the freestanding sign subject to the following understanding: The City and NWBV will execute an amendment to the lease agreement which will include: 1) an amended lease premises description to include entry (middle) road and area for the freestanding sign on the side (east or west) designated by NWBV; 2) NWBV understands that City is attempting to market the commercial land parcels north of the stadium parking lot and adjacent to Burden Blvd. In the event that removal of the sign to another location is required, in the sole opinion of the City, for the City to market either of the parcels, NWBV agrees to relocate the sign, at its sole cost, to a mutually agreeable location along Burden Blvd; and 3) City agrees to use its best efforts to market the property under terms that do not require sign relocation. Brent Miles, President Northwest Baseball Ventures I, LLC May 20, 2008 RE: Freestanding Sign at Stadium — Letter of Understanding Page 2 The freestanding sign will be constructed and erected in conformance with all applicable codes and shall be substantially as shown in the attached drawing. Please sign below to indicate your agreement with the terms outlined in this letter of understanding, Si)Gy ely rutc hfi Manager GC/tlz attachment AGREED: Brent Miles, President Date Northwest Baseball Ventures I, LLC AGENDA REPORT FOR: City Council n May 20, 2008 TO: Gary Crutchfi anager Workshop Mtg.: 5/27/08 Regular Mtg.: 6/2/08 FROM: Denis Austin, hief of Police SUBJECT: New Police Officer Position I. REFERENCE: A. Addendum to Interagency Agreement II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS: 5/27 Discussion 6/02 MOTION I move to approve the addendum for the Interagency Agreement with the Pasco School District for School Resource Officer services and authorize one additional police officer position to be filled as soon as possible and, further, direct the additional expense be included in the year-end General Fund Supplemental Budget. III. FISCAL IMPACT: 2008 City of Pasco Funds ..................$ 30,800 2009 City of Pasco Funds ..................$ 28,493 2009 Pasco School District Funds .....$ 64,109 IV. HISTORY AND FACTS BRIEF: The commissioned staff of the Police Department provides a variety of services to the community including officers assigned to schools. School Resource Officers (SRO) are full-time uniformed police officers primarily dedicated to providing law enforcement resource services to assigned schools and surrounding neighborhoods. SRO's are assigned to work normal patrol duties when school is not in session. The School District has requested to increase in the number of police officers assigned at Pasco High School from one full-time officer to two full-time officers in order to prepare for the opening of Chiawana High School in 2009. One of the two positions would be transferred to the new high school upon its opening. V. DISCUSSION: The proposed increase in the police commissioned staffing allocation is necessary to provide one additional School Resource Officer to Pasco High School beginning January 2009. The selection, hiring, and training of a new officer will require several months to complete. In order to provide the increased level of service beginning January 2009, the police department needs one additional police officer position authorized and filled immediately. Hiring the officer this year for training purposes will cost the City approximately $30,800 for the balance of 2008. The School District will reimburse the City for the salary and fringe benefits costs for one officer at the top salary level for police officer for 1440 hours during 180 school days in 2009. As evidence of their intention to move forward with the proposed increase in services the School District has committed to allocating funds to reimburse the City for the wages and benefit costs for one additional School Resource Officer beginning January 2009. 3(f) Interagency Agreement between Pasco School District No. 1 and City of Pasco Addendum The purpose of this Addendum is to change items 1. Statement of Work, 3. Period of Performance, 4. Payment, and 6. Funding. The School District and City requested the changes to address the addition of a second officer at Pasco High School beginning in January 2009. This addendum also updates the hourly wage and benefit costs for the officers assigned to the schools under the term of the Interagency Agreement. This Addendum modifies the Interagency Agreement by replacing the original contract language with the following: 1. Statement of Work. The City shall furnish the necessary personnel and services and otherwise do all things necessary for and incidental to the performance of the work stated herein. The City shall: a. Station one full-time uniformed police officer at each of the following schools during the 180 days when school is in session during the months of August through June: (1) Pasco High School (8 hours/day) (2) Stevens Middle School (8 hours/day) (3) Ochoa Middle School (8 hours/day) Beginning January 1, 2009 two full-time uniformed police officers will be stationed at Pasco High School. f. Assign one uniformed police officer to instruct the Anti-Harassment and Bullying Program curriculum in the grade schools within the city limits of Pasco, with the emphasis being on the fifth grade. The maximum number of hours the officer is available to train for, prepare, and instruct the anti- harassment and bullying curriculum is four hundred sixty (460) work hours or fifty-seven and one-half (57.5) workdays. This work will be performed during two and one-half (2.5) workdays each week (totaling twenty hours) for twenty-three (23) school weeks. The scheduled work hours will be: (1) Tuesdays and Thursdays (8 hours/day), and (2) Wednesdays (4 hours/day) 3. Period of Performance. Subject to its other provisions, the period of performance of this agreement shall commence in August 2008 and be completed in June 2009 unless terminated sooner as provided herein. Except that work performed by the Officer Instructor specified in item 1.£ shall commence in October and be completed in April (23 school weeks) of each school year. 4. Payment. Based upon the negotiated wage agreement between the City and the police officers collective bargaining unit, the District shall reimburse the City for its expenses in employing three (3) officers for 180 days, plus one (1) additional officer for 100 days, or a total of 5,120 hours each year of this agreement as follows: a. For August 2008 through December 2008, an estimated total of eighty- five thousand four hundred seventy-nine dollars ($85,479) for 1,920 hours of work. b. For January 2009 through June 2009, an estimated total of one hundred forty-six thousand seven hundred fifty-two dollars ($146,752) for 3,200 hours of work. Actual amounts are to be determined by the parties based upon any negotiated wage increase between the City and the police officer's collective bargaining unit. e. Due to early release days and other regularly scheduled non-school days when an officer's presence is not required for a full eight (8) hours, in consideration for compensation as stated in section 4 above, the City agrees to provide officers during the school year for activities outside of the regularly scheduled school assignment. Requests for an officer's presence at school activities outside of the officer's regularly scheduled school assignment during the school year will be compensated separately at the estimated rate of$44.52 per hour for 2008, and $45.86 per hour for 2009. 6. Funding. In addition to the costs associated with the School Resource Officers, funding for an officer to instruct anti-harassment and bullying curriculum hereunder shall be provided by the District in the amount of$20,500. In Witness whereof,the parties have executed this Addendum effective this day of 2008. City of Pasco: Pasco School District No. 1 Joyce Olson William Leggett Mayor President, Board of Education Attest: Debbie Clark Saundra L. Hill City Clerk Superintendent Approved as to Form: Leland Kerr Larry Mayfield City Attorney Assistant Superintendent Sarah Thornton School District Counsel 2008 - 2009 Total Cost Estimate Ail D11 'betQB.:'' Number of Officers 3 Hourly Rate with Benefits $ 44.52 Total Hourly Rate $ 133.56 Number of Hours Each School Day 8 Number of School Days 80 Total Number of Officer Hours 640 Sub-total of Estimated Cost Number of Officers 4 Hourly Rate with Benefits (Estimate) $ 45.86 Total Hourly Rate (Estimate) $ 183.44 Number of Hours Each School Day 8 Number of School Days 100 Total Number of Officer Hours 800 Sub-total of Estimated Cost :..... .. .. . .. :::..:. . :.. .... ... . . ..::.:.. . AGENDA REPORT FOR: City Council May 20, 2008 TO: Gary Crutchfi t Manager Workshop Mtg.: 5/27/08 Regular Mtg.: 6/2/08 FROM: Denis Austin, hief of Poli SUBJECT: Interagency Agreement for Summer School Services I. REFERENCE: A. Proposed Interagency Agreement H. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS: 5/27:Discussion 6/02:MOTION: I move to approve the Interagency Agreement with the Pasco School District for summer school services and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Pasco School District Funds- $ 7,480 IV. HISTORY AND FACTS BRIEF: School Resource Officers (SRO) are full-time uniformed police officers primarily dedicated to providing law enforcement resource services to assigned schools and surrounding neighborhoods. The School District has requested an extension of the SRO services for the 2008 Summer School at Pasco High School. Normally, SRO services are not provided during summer months. The School District has consolidated all summer school programs at Pasco High School, which places a large number of students at one school. As a proactive measure, the School District has requested SRO services for up to eight hours each day of summer school. There are 23 summer school days from June 23rd to July 24`". SRO's are assigned to work normal patrol duties when school is not in session. V. DISCUSSION: The proposed Interagency Agreement is effective June through July 2008, and provides one School Resource Officer for the 2008 Summer School. The School District will reimburse the City for the salary and fringe benefits costs for one officer at the top salary level for police officer for 168 hours during 23 summer school days. As evidence of their inteption to move forward with the proposed Interagency Agreement the School District has committed funds to reimburse the City for the wages and benefit costs for one School Resource Officer. 3(9) Draft INTERAGENCY AGREEMENT Between Pasco School District No. 1 And City of Pasco, Washington This agreement, pursuant to Chapter 39.34 RCW is made and entered into by and between the Pasco School District No. 1, hereafter referred to as the "District" and the City of Pasco, a municipal corporation of the State of Washington, hereafter referred to as the "City." It is the purpose of this agreement to: 1. Enhance the safety and security of students, teachers, staff, and visitors and provide patrol of the various campuses of the District located within the City of Pasco, Washington. 2. Provide for the presence of armed and uniformed City Police Officers both inside and outside the school buildings on selected campuses of the District during certain school hours in support of such safety and security and the maintenance of a secure and peaceful learning atmosphere. 3. Provide for prevention, intervention, and prompt effective enforcement by the City's Police Department in situations involving,but not limited to: a. Maintenance of order b. Use, possession, or sale of illegal drugs and alcohol on school premises C. Crimes against persons d. Crimes against property e. Any other situations or activities which require the intervention of law enforcement officers; and 4. Provide for participation by police officers in the educational activities and role modeling to foster and enhance knowledge of and respect for law enforcement and law enforcement officers by students and the community. 5. Provide positive and supportive interface between law enforcement representatives and the District's substance abuse and harassment prevention efforts including, but not limited to Natural Helpers, Student Assistance Teams, Anti-Harassment and Bullying Project and other intervention and prevention efforts by the District. It is therefore mutually agreed that: 1. Statement of Work. The City shall furnish the necessary personnel and services and otherwise do all things necessary for and incidental to the performance of the work stated herein. The City shall: a; Sttaan full-ti me urtifQred police officer at Pasco Hill School for eight consecutive .hours,each day from 07:30 AM to 3:30 PM during the 19 days when Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 1 of 5 Draft summer,shoot is iri..session from June V"i throt .July, 19" The uniform officer will also be responsible.-for responding to ihcidents at Ochoa add Stevens Middle.Schools as needed during that period. Bcgi�nir I July 21 B° and continuing through-'July 24` the, uniformed officer will,be stationed at Ochoa and Stevens Middle Schools.for a total off oux consectrtive.hot�rs each day from 0T:30 AM to 11:30 AM. Office space shall be provided as available at each school for the use of the School Resource Officer. Such office shall be equipped with one office desk and chair, and one locking cabinet. The City shall provide a lockable cabinet capable of securing police department equipment when not in use by the officer. b. Cooperate with the District to provide training and education to each assigned officer to insure effective communication and interrelation with the school community and its students; c. Cooperate with the District to monitor and evaluate the effectiveness of the assigned officers and the program; d. Meet as needed during the academic year with the District's representative (as designated by the District) to evaluate the effectiveness of the program; e. Cooperate with the District's representative to investigate and report on any complaints regarding the conduct of an assigned officer, share fully, as permitted by law, with the District's representative all results of such investigations for the purpose of responding to each complaint and cooperate to resolve each complaint. Provided, that it shall be the responsibility of the District to respond to any complaint the District received from a student, parent or patron of the District and communicate the results of any investigation to such person or persons. 2. Terms and Conditions. All rights and obligations of the parties to this agreement shall be subject to and governed by the terms and conditions contained in the text of this agreement. 3. Period of Performance. Subject to its other provisions, the period of performance of this agreement shall commence on June 23, 2008 and be completed on July 24, 2008 with July 4"' scheduled off, unless terminated sooner as provided herein. The principal shall be responsible for notifying the Chief of the City's Police Department of the school calendar, schedule of events and activities, and any changes in the same. The principal shall determine the specific hours when an officer shall be present within the limits set forth in Section La. of the Agreement. 4. Payment. The District shall reimburse the City for its expenses in employing one officer for 168 hours as follows: a. For June 23, 2008 through July 24, 2008, an estimated total of seven thousand four hundred eighty dollars ($7,480). Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 2 of 5 Draft Actual amount will be determined by the parties based upon any negotiated wage increase between the City and the police officer's collective bargaining unit. The current wage rate with benefits is $44.52. 5. Billing Procedure. The City shall submit a monthly invoice or billing statement to the District. Payment shall be made to the City according to the regular procedures of the District. 6. Funding. If for any reason the District exhausts its budgeted funds for payment to the City for its services described herein or funds from any expected funding source become unavailable, the District shall notify the City and the obligations of the City shall immediately cease and this agreement terminate, unless the district otherwise assumes the obligations for the payment of services rendered by the Police Department. 7. Non-discrimination. In the performance of this agreement, the District and the City shall comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC 200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 7904) and Chapter 49.60 RCW, as now and hereafter amended. Both shall not, except as they may be specifically allowed by laws to do so, discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam-Era and Disabled Veterans status, or the presence of any sensor, mental, or physical handicap in: a. Any terms or conditions of employment to include taking affirmative action necessary to accomplish the objectives of this part; and b. Denying an individual the opportunity to participate in any program provided by this agreement through the provisions of services, delivery of services contemplated by this agreement or otherwise afforded others hereunder. In the event of non-compliance by either party or refusal to comply with the above provisions this agreement may be rescinded, canceled, or terminated in whole or in part. The non- complying party shall, however, be given a reasonable time in which to cure this non- compliance. Any dispute may be resolved in accordance with the "Disputes"procedure set forth herein. 8. Records Maintenance. The City shall maintain books, records, documents and other evidence that sufficiently and effectively reflect all direct and indirect cost expended in the performance of the services described herein. These records shall be subject to inspection, review or audit by the personnel of both parties, other personnel authorized by either party, the Office of the State Auditor and federal officers, if any, so authorized by law. The City and District shall retain all books, records, documents, and other materials relevant to this agreement for five (5) years after expiration. The office of the State Auditor, federal auditors, and any persons authorized by the parties shall have full access and the right to examine any of these materials during this five-year period. 9. Responsibilities and Authority of School Administrator. The principal or other administrator designated by the District is responsible for the supervision and daily operations of the school shall, subject to the lawful exercise of the officer's law enforcement responsibilities, schedule, assign and direct the officer's duties under this agreement. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 3 of 5 Draft The principal is responsible for the investigation of non-criminal incidents that occur at or are related to the school. If the principal finds that he or she or any individual is in physical danger, the principal may request the law enforcement officer to assist him or her. In the case of a search of student property for the violation of District rules or other administrative reasons, the school principal or designated administrator or District employee will conduct the search. Once the principal has reason to believe that a crime has been or may be committed, the principal or other designated administrator shall request the law enforcement officer to assume responsibility. The building administrator shall have the responsibility to contact and report to parents and patrons regarding activities and findings of the law enforcement officer, where appropriate. 10. Indemnification. Each party shall defend, protect and hold harmless the other party from and against all claims, suits and/or actions arising from any negligent or intentional act or omission of that party's employees or agents while performing under this agreement. 11. Agreement Alterations and Amendments. The District and the City may mutually amend this agreement. Such amendments shall not be binding unless they are in writing and signed by the personnel authorized to bind the District and the City. 12. Termination. Except as otherwise provided in this agreement, either party may terminate this agreement by providing sixty (60) days advance written notification to the other party of their intent to terminate the agreement. If this agreement is so terminated, the terminating party shall tie liable only for performance, in accordance with the terms of this agreement for performance rendered prior to the effective date of termination. 13. Savings. Should any portion of this agreement be declared illegal, the balance of the agreement shall remain in full force and effect to carry out the purposes of this agreement. 14. Disputes. In the event that a dispute arises under this agreement, it shall be resolved in the following manner: The Director of Educational Services of the District shall appoint a member to the Dispute Board. The Pasco Chief of Police shall appoint a member to the Dispute Board. The Director of Educational Services and the Pasco Chief of Police shall jointly appoint a third member to the Dispute Board. That person shall act as chairperson, convene the Dispute Board and cause a determination of the dispute, arrived at by a majority of the Board, to be rendered in a timely manner. The determination of the Dispute Board shall be final and binding on the District and the City. 15. Notices. Any notices required herein or related hereto shall be delivered in writing to the District at: Pasco School District No.1 Attn.: Cathy Osborn, Student Services Administrator 1215 West Lewis Street Pasco, WA 99301 Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 4 of 5 Draft And to the City at: Pasco Police Department Attn: Denis Austin, Chief of Police 525 North 3rd Avenue Pasco, WA 99301 16. All Writings Contained Herein. This agreement contains all the terms and conditions agreed to by the parties. No understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties to this agreement. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 5 of 5 Draft In Witness whereof, the parties have executed this agreement effective this day of 2008. City of Pasco: Pasco School District No. 1 Joyce Olson William Leggett Mayor President, Board of Education Attest: Debbie Clark Saundra L. Hill City Clerk Superintendent Approved as to Form Leland Kerr Larry Mayfield City Attorney Assistant Superintendent Sarah Thornton School District Counsel Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 6 of 5 2008 Summer School Cost Estimate 052008 Number of Officers 1 Hourly Rate with Benefits $ 44.52 Total Hourly Rate $ 44.52 Number of Hours Each School Day 8 Number of School Days 19 Total Number of Officer Hours 152 Estimated Cost - PHS Number of Officers 1 Hourly Rate with Benefits $ 44.52 Total Hourly Rate $ 44.52 Number of Hours Each School Day 4 Number of School Days 4 Total Number of Officer Hours 16 Estimated Cost - Middle Schools 42:. 7 47 AGENDA REPORT TO: City Council May 23, 2008 FROM: Gary Crutchfie ager Workshop Mtg.: 5/27/08 Regular Mtg.: 6/2/08 SUBJECT: Professional Services Agreement for Corridor Enhancement Study I. REFERENCE(S): 1. Proposed Agreement II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 5/27 Discussion 6/2 MOTION: I move to approve the Professional Services Agreement with JUB Engineers for the Corridor Enhancement Study and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: IV. ' HISTORY AND FACTS BRIEF: A) Council approved Resolution No. 3053 in December 2007 creating an ad-hoc committee to update the Gateways and Corridors Plan previously adopted by the City Council in 1995. The resolution calls for the work to be completed by June 2008. B) The Planning Division in the Community Development Department has compiled most of the existing information necessary to initiate the update effort. However, the recent loss of our Assistant Planner has required the Associate Planner to assume most of those day-to-day activities, rendering the Associate Planner unavailable for the committee support. C) Rather than continue to delay the update effort, staff has arranged for the support work to be provided through a Professional Services Agreement with JUB Engineers. It is expected that such an arrangement will permit the work to be carried out by the committee over the next three months, resulting in the plan being completed prior to budget formulation. V. DISCUSSION: A) Although it was originally expected that staff could provide the support necessary for the committee to complete its work, the staffing circumstances coupled with the workload has made that unlikely at this point in time. The city's assumption of the "Local Redevelopment Authority" responsibilities associated with the Wagenaar Reserve Center has further reduced the staff ability to support the Corridor Enhancement Study. It is most desirable to complete the enhancement study prior to budget time (October) so that any appropriate budget recommendations can be made for 2009 (rather than delaying the implementation for another budget year). B) The cost of the support work was not included in the 2008 budget. However, the Community & Economic Development Director position has not yet been filled; thus, approximately $50,000 unexpended salary is available to cover the cost of the support services contract. C) Staff recommends approval of the agreement. 3(h) (J-U-B )i J-U-B ENGINEERS, Inc, SF330 code PM Initials SDM U-8 ENGINEERS.Inc- AGREEMENT FOR PROFESSIONAL SERVICES LNGINCCNS-SVRVL/OAS•RLAf4NCRS J-U-B Project No.: 30- THIS AGREEMENT entered into this 23r6 day of III 2099, between City oI Pasco, hereinafter referred to as the"CLIENT'and J-U-B ENGINEERS,Inc.,an Idaho Corporation of Boise,Idaho,hereinafter referred to as"J-U-B", WITNESSETH: WHEREAS the CLIENT intends to: Update the Gateways and Corridors Plan_hereinafter referred to as the"Project";NOW, THEREFORE,the CLIENT and J-U-B,in consideration of their mutual covenants herein,agree as set forth below: MUTUAL RESPONSIBILITIES: This Agreement is based upon a mutual obligation of good faith and fair dealing between the parties in its performance and enforcement. Accordingly,the CLIENT and J-U-B,with a positive commitment to honesty and integrity,agree that each will assist in the other's perfomnance;that each will avoid hindering the other's performance;that each will work diligently to fulfill its obligations,and that each will cooperate in the common endeavor of the Agreement. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to J-U-B all criteria and full information as to CLIENT's requirements for the Project,including design objectives and constraints,space,capacity and performance requirements,flexibility and expandability,and any budgetary Iimitations;and furnish copies of all design and construction standards,rules and laws which CLIENT or others will require to be included in the drawings and specifications upon which J-U-B can rely for completeness and accuracy. The CLIENT will furnish to J-U-B all data,documents,and other items in CLIENT's possession,or reasonably obtainable by CLIENT,including, without limitation,borings,probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment;appropriate professional Interpretations of all of the foregoing;environmental assessment and impact statements,surveys of record,property descriptions;zoning,deed and other land use restrictions,rules and laws;and other special data or consultations,all of which J-U-B may use and rely upon in performing Services under this Agreement. The CLIENT shall designate a representative with authority to bind the CLIENT. { The CLIENT will obtain,arrange and pay for all advertisements for bids,permits and licenses required by local, state,province or federal i authorities,and all land,easement,rights-ot-ways and access necessary for J-U-B's Services and Project construction. In addition,the CLIENT will furnish to J-U-B: N A I PROJECT REPRESENTATIVES The CLIENT and J-U-13 hereby designate their authorized representatives to act on their behalf with respect to the services and responsibilities underthis Agreement. The following designated representatives are authorized to receive notices,transmit information and make decisions regarding the Project on behalf of their respective parties,except as expressly limited herein. These representatives are not authorized to alter or modify the terms and conditions of this Agreement. For the CLIENT: 1. Name _Gary Crutchfield,City Manager Work telephone (509)545-3404 Address City of Pasco Cell telephone N!A 525 N.Third Ave FAX telephone Pasco,WA 99301 E-mail address Special provisions or limitations: For J-U-B: 1. Name Spencer Montgomery Work telephone (509)783-2144 Address 2810 W.Clearwater Ave.,Suite 201 Cell telephone N/A Kennewick,WA FAX telephone (509)736-0790 99336 E-mail address SMontgomery @jub.com Special provisions or limitations: Page 7 of 4 In the event any changes are made to the authorized representatives or other information listed above,the CLIENT and J-U-B agree to furnish each other timely,written notice of such changes. SERVICES TO BE PERFORMED BY J-U-B("Services") J-U-B will attend Ad Floc committee meetings to receive direction and work 't�gh_Qity staff in order to update the Gateways and Corridors Plan It is anticipated that following the first Ad Hoc committee meetlna.J-U-B will meet with City Staff to Prenare work plan and share assignments. J-U-B assumes no responsibility to perform services not listed.Services which J-U-B performs at the request or acquiescence of the CLIENT that are not listed are"Additional Services". SCHEDULE OF SERVICES TO BE PERFORMED J-U-B will perform said Services as follows: It is anticipated that the update of the Gateways and Corridors Plan will begin in late Mav or ,dyne 2008 and will be competed in August 2008 This schedule shall be equitably adjusted as the Project progresses,allowing for changes in scope,character or size of the Project requested by the CLIENT or for delays or other causes beyond J-U-B's control. BASIS OF FEE The CLIENT will pay J-U-B for their Services and reimbursable expenses as follows: -001 Planning-Time and Materials basis nQ1 to exceed$20,000,Anticipated staff for this p-roiect inclu r 'ect Man r r sect Planner .9 r Architect 117.6 hr• Landscape Designer$69.80/hr:Clerical$4�,QQ/hr. The CLIENT will pay J-U-B for all Additional Services on a time and materials basis. File Folder Title: Remarks: The Notice to Proceed,by the CLIENT,verbal or written,constitutes acceptance of this Agreement. THE TERMS AND CONDITIONS, INCLUDING RISK ALLOCATION, ON THE ATTACHED SHEET,ARE PART OF THIS AGREEMENT.THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. CLIENT: J-U-B: [ City of Pasco 2810 W.Clearwater Avenue,Suite 201 STREET NAME Kennewick WA 99336 525 N.Third Ave CITY.,�STA'TE/ZIP CODE STREET r Pasco,WA 99301 CITY I STATE/ZIP CODE BY(S alure) { Spencer Montgomery,Project MAager BY(Signature) NAME I TITLE Gary Crutchfield,City Manager NAME/TITLE BY(Signature) NAME/TITLE REV:1 113104 Page 2 of 4 J-U-B ENGINEERS, Inc. TERMS AND CONDITIONS GENERAL J-U-B shall provide for the CLIENT professional Services as set forth herein.The Services will be performed in accordance with generally accepted professional practices for the intended use of the Project. J-U-B MAKES NO OTHER WARRANTY EITHER EXPRESSED OR IMPLIED. The CLIENT acknowledges and agrees that legal requirements governing the Project maybe subject to various and possibly contradictory interpretations; and,J-U-B will therefore use its reasonable professional efforts and judgment to Interpret such requirements. J-U-B shall not be responsible for acts or omissions of any party involved in the Project other than their own,including but not limited to failure of a third party to follow J-U-B's recommendations;the means,methods,techniques,sequences or procedures of construction selected by CLIENT or third parties;safety programs and precautions selected by third parties;compliance with laws,rules,regulations,ordinances,codes,orders or authority by CLIENT and third parties;and any contact or action of the CLIENT or others with third parties, CLIENT therefore indemnifies and holds J-U-B harmless from the actions and omissions of CLIENT and third parties Involved in the Project. J-U-B shall not be required to sign any documents,no matter by whom requested,that would result In J-U-B's having to certify,guarantee or ` warrant the existence of conditions whose existence J-U-B cannot ascertain. The CLIENT also agrees not to make resolution of any dispute with J-U-B or payment of any amount due to J-U-B in any way contingent upon J-U-B signing any such certification. In soil investigation work and in determining subsurface conditions for the Project,the characteristics may vary greatly between successive test points and sample intervals. J-U-B will coordinate this work in accordance with generally accepted practice of the professional Services being provided and makes NO OTHER WARRANTIES EXPRESSED OR IMPLIED,or as to the professional advice furnished by others. Resetting of survey and/or construction stakes shall constitute Additional Services. CONSTRUCTION PHASE SERVICES Unless otherwise agreed,J-U-B's Services under this Agreement will be considered to be complete and final upon completion of the Services described herein. Unless otherwise agreed,it is understood and agreed that J-U-B's Services under this Agreement do not include Project observation, review of the contractor's performance,or any other construction phase services,and the CLIENT assumes all responsibility for interpretation of the documents associated with the Project and for construction observation or review,and indemnities J-U-B from and waives any claims against J-U-B that may be in any way connected thereto or arise therefrom. It is further understood and agreed that J-U-B does not have control over,and neither the professional activities of J-U-B nor the presence of J-U-B at the Project site shall give J-U-B control over contractor(s)worts nor shall J-U-B have authority over or responsibility for the means,methods, techniques, sequences or procedures of construction selected by contractor(s), for safety precautions and programs incident to the work of the contractor(s)or for any failure of contractors)to comply with laws,rules,regulations,ordinances,codes or orders applicable to contractor(s)furnishing and performing their work or providing any health and safety precautions required by any regulatory agencies. Accordingly,J-U-B can neither guarantee the performance of the construction contracts by contractor(s) nor assume responsibility of contactor(s)failure to furnish and perform their work in accordance with the contract documents. The CLIENT agrees that the general contractor shall be solely responsible for jobslte safety,and warrants that this intent shall be carried out in the CLIENT's contract with the general contractor. The CLIENT also agrees that the CLIENT,J-U-B and J-U-B's subconsultants shall be indemnified by the general contractor in the event of general contractor's failure to assure jobsite safety and shall be made additional insureds under the general contractor's policies of general liability insurance. OPINIONS OF COST Since J-U-B has no control over the cost of labor,materials,equipment or services furnished by others,or over the contractor(s)'methods of determining prices,or over competitive bidding or market conditions,J-U-B's opinions of probable total Project costs and construction,if any,are to be made on the basis of J-U-B's experience and qualifications,and represent J-U-B's best judgment as an experienced and qualified professional engineer, familiar with the construction industry;but J-U-B cannot and does not guarantee that proposals,bids or actual total project or construction costs will not vary from opinions of probable cost prepared by J-U-B. If the CLIENT wishes greater assurance as to total projector construction costs,CLIENT shall employ an Independent cost estimator. J-U-B's services to modify the Project to bring the construction costs within any limitation established by the CLIENT will be considered Additional Services and paid for as such by the CLIENT, REUSE OF DOCUMENTS All documents and magnetic media and other communication or information formats C'Documents"),prepared or furnished byJ-U-B pursuantlo this Agreement are instruments of service with respect to the Project and shall remain the property of J-U-B whether or not the Project is completed. Although CLIENT may make and retain Copies of Documents for information and reference in connection with use on the Project by CLIENT,J-U-B shall retain all conxnon law,statutory and other reserved rights,including the copyright thereto,and the same shall not be reused without J-U-B's written consent. Any reuse without written consent by J-U-B,or without verification or adoption by J-U-B forthe specific purpose Intended by the reuse,will beat CLIENT's sole risk and without liability or legal exposure to J-U-B. The CLIENT shall Indemnify and hold J-U-B harmless from any claims,damages, I losses and expenses arising out of or resulting from such reuse. Copies of Documents that may be relied upon by CLIENT are limited to the printed copies(also know as hard copies)that are signed or sealed by J-U-B. Files in electronic media format of text,data,graphics,or of other types that are furnished by J-U-B to CLIENT are only for convenience of CLIENT. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. Because data stored in electronic media formal can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator,the CLIENT agrees that it will perform acceptance tests or procedures within 60 days,afterwhich the CLIENT shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected byJ-U-B.J-U-B shall not be responsible to maintain documents stored in electronic media format after acceptance by CLIENT. When transferring documents in electronic media format,J-U-B makes no representations as to long term compatibility,usability,or readability of documents resulting from the use of software application packages,operating systems,or computer hardware differing from those used byJ-U-B at the beginning of this Project. TIMES OF PAYMENTS J-U-B shall submit monthly statements for Services rendered and for expenses incurred,which statements are due on presentation. CLIENT shall make prompt monthly payments. It CLIENT fails to make any payment in full within ten(10)days after receipt of J-U-B's statement,the amounts due J-U-B will accrue interest at the rate of 1%per month from said tenth day. If the CLIENT fails to make payments when due or otherwise is in breach of this Agreement,J-U-B may suspend performance of Services upon five(5)days notice to the CLIENT. J-U-B shall have no liability whatsoever to the CLIENT for any costs or damages as a result of such suspension caused by any breach of the Agreement by the CLIENT. Upon cure of breach or payment in lull by the CLIENT within thirty(30)days of the date breach occurred or payment is due,J-U-B shall resume Services under the Agreement, and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any other reasonable time and expense necessary for J-U-B to resume performance. If the CLIENT fails to make payment as provided herein within thirty(30)days after suspension of Services,such failure shall constitute a material breach of this Agreement and shall because for termination of this Agreement byJ-U-B. Pape 3 of 4 TERMINATION The obligation to provide further Services under the Agreement may be terminated by either party upon thirty(30)days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating parry. If this Agreement is terminated by either party,J-U-B will be paid for Services rendered and for expenses incurred to the date of such termination,plus an allowance for demobilization costs as determined by J-U-B, Such demobilization costs shall be the cost and expense J-U-B incurs in withdrawing its labor and resources from the Project,and obtaining and engaging in a new project with the labor and resources withdrawn from the Project. RISK ALLOCATION The CLIENT is aware of the risks,rewards,and benefits of the Project and J-U-B's total fee for services. The risks are hereby allocated such that the CLIENT agrees that,to the fullest extent permitted by law, the total combined liability of J-U-B, its agents,employees,and insurers,to the CLIENT,directly or through third parties for all injuries,Claims,expenses,costs and fees,damages or claims of expenses arising out of this Agreement from any cause,shall not exceed the amount of J-U-B's fees,as of the date of this Agreement. Such causes include,but are not limited to,J-U-B's negligence,errors,omissions,strict liability,and breach of this Agreement. In no event shall J-U-B be liable for any incidental,indirect or consequential damages. The Client agrees that J-U-B is not responsible for damages arising directly or indirectly from any delays for causes beyond J U B's control. For purposes of this Agreement,such causes include,but are not limited to,strikes or other tabor disputes;severe weather disruptions or other natural disasters;fires,riots,war or other emergencies or acts of God;failure of any government agency or other third parlyto act in a timely manner;failure of performance by the CLIENT or the CLIENT's contractors or consultants;or discovery of any hazardous substance or differing site conditions. In addition, if the delays resulting from any such causes increase the cost or time required by J-U-B to perform its services in an orderly and efficient manner,J-U-B shall be entitled to an equitable adjustment in schedule and compensation. HAZARDOUS WASTE AND ASBESTOS The CLIENT agrees, notwithstanding any other provision of this Agreement,to the fullest extent permitted by law,to indemnify and hold harmless J-U-B,its officers,partners,employees and consultants(collectively,J-U-B)from and against any and all claims,suits,demands,liabilities, losses,damages or costs,including reasonable attorneys'fees and defense costs arising out of or in any way connected with the detection,presence, handling,removal,abatement,or disposal of any asbestos or hazardous or toxic substances,products or materials that exist on,about or adjacent to the Project site,whether liability arises under breach of contract orwarranty,tort,including negligence,strict liability or statutory liability or any other cause of action,except for the sole negligence or willful misconduct of J-U-B. RIGHT OF ENTRY The CLIENT shall provide for J-U-B's right to enter the property owned by the CLIENT and others in order for J-U-B to fulfill the Services to be Performed hereunder. The CLIENT understands that use of testing or other equipment may unavoidably cause some damage,the correction of which is not part of this Agreement. The CLIENT agrees,to the fullest extent permitted by law,to indemnify and hold harmless J-U-B,it's officers,directors, employees and subconsultants(collectively,J-U-B)against any damages,liabilities or costs,including reasonable attorneys'fees and defense costs, arising or allegedly arising from procedures associated with testing or investigative activities or connected in anyway with the discovery of hazardous materials or suspected hazardous materials on the property. MEDIATION BEFORE LITIGATION In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project,the CLIENT and J-U-13 agree that all disputes between them arising out of or relating to this Agreement or the Project,except for the payment of J-U-B's fees, shall be submitted to nonbinding mediation as a condition precedent to litigation unless the parties mutually agree otherwise. The CLIENT further agrees to include a similar mediation provision in all agreements with independent contractors and consultants on the Project,and also to include a similar mediation provision in all agreements with their subcontractors,subconsultants,suppliers and fabricators on the Project,thereby providing for mediation as the primary method for dispute resolution among the parties to all those agreements. LEGAL FEES In the event of any action brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees,costs and expenses Including attorney's fees as may be set by a court- SURVIVAL Notwithstanding completion or termination of this Agreement for any reason,all rights,duties and obligations of the parties to this Agreement shall survive such completion or termination and remain In full force and effect until fulfilled. EXTENT OF AGREEMENT This Agreement represents the entire and Integrated agreement between the CLIENT and J-U-B and supersedes all prior negotiations, representations or agreements,either written or oral. The Agreement maybe amended only by written instrument signed by both CLIENT and J-U-B. SUCCESSORS AND ASSIGNS CLIENT and J-U-B are hereby bound,and the partners,successors,executors,administrators and legal representatives of such other party,in respect of all the covenants,agreements and obligations of this Agreement. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party agalnst J-U-B. J-U-B's services under this Agreement are being performed solely for the CLIENT's benefit,and no other party or entity shall have any claim against J-U-B because of this Agreement or the performance or nonperformance of services hereunder. In the event of such third party claim,CLIENT agrees to indemnify and hold J-U-B harmless from the same. The CLIENT and J-U-B agree to require a similar provision in all contracts with contractors, subcontractors,subconsultants,vendors and other entities involved in the Project to carry out the intent of this provision. CONTROLLING LAW,JURISDICTION,AND VENUE This Agreement is to be governed by the law of the State of Idaho,principal place of business of J-U-B. Any action or proceeding arising from or in connection with this Agreement shall subject to the exclusive jurisdiction of the State of Idaho.Venue shall be proper in Ada County- Page 4 of 4 AGENDA REPORT FOR: City Council May 22, 2008 TO: Gary Crutch Manager Workshop Mtg.: 5127/08 FROM: Lynne Jackson, Human Resources Manager Regular Mtg.: 6/02/08 SUBJECT: Bargaining Contract with IAFF, Local 1433 I. REFERENCE(S): 1. Proposed Collective Bargaining Agreement (Council packets only; copy in Human Resources Office and Pasco Public Library for public review) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 5/27: DISCUSSION 6/02: MOTION: i move to approve the Collective Bargaining Agreement with the IAFF, Local # 1433 and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Increases average annual cost of fire operations (base wages and benefits) by approximately $151,760 Fire operations cost (base wages and benefits) for 2006 (last year of previous contract): $3,294,236 Anticipated Fire operations cost (base wages and benefits) for 2008: $3,597,756 IV. HISTORY AND FACTS BRIEF: The previous contract terminated December 31, 2006. V. DISCUSSION: Negotiations commenced in October 2006 and the parties, through the use of state sponsored mediator, reached a tentative agreement on March 28, 2008. Local 1433 members recently voted to ratify the tentative agreement. Following are the significant changes reflected in the new agreement: • Effective January 1, 2007: 4% increase for all represented employees Added a 25-year longevity step at 5% Effective January 1, 2008: 3.5% COLA (100%b/c west cities, CPI-U, October/October), 2.5%minimum/4% maximum. Effective January 1, 2009: 100% b/c west cities, CPI-U, October/October), 2.5% minimum/ 4% maximum. Effective January 1, 2010: 100% b/c west cities, CPI-U, October/October), 2.5% minimum/ 4% maximum • As of 7/1/08 Firefighter insurance premium participation to increase (from 1%) to 1.5% of the top step fire fighter wage; thus premium participation increases from $50.03/month to $81.54/month • Eliminate option to use one-half of holiday hours (up to 66 hours/year) as paid time off in favor of full cash out of all holiday hours. (Potential avoidance of up to 3,168 hours of overtime.) • Move physical fitness from Pasco High School gym to in-station physical fitness. o Allows for quicker response time for emergencies. o Savings on not driving fire vehicles to Pasco HS for physical fitness. • Allow use of short term disability benefit to buy back sick leave (financed by bargaining unit). Staff recommends Council ratification of the Agreement 3(i)