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HomeMy WebLinkAbout2008.06.16 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. June 16,2008 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 June 9, 2008. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) I. To approve General Claims in the amount of$2,771,898.00 ($98,918.95 in the form of Wire Transfer Nos. 4979 and 4992 and, $2,672,979.05 consisting of Claim Warrants numbered 166278 through 166512). 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$190,047.45 and, of that amount, authorize $151,207.99 be turned over for collection. (c) Appointments to Senior Services Advisory Committee: (NO WRITTEN MATERIAL ON AGENDA) To reappoint Linda Hendrickson-Patrick to Position No. 3 on the Senior Services Advisory Committee, with an expiration date of 4/1/11. (d) Appointments to Parks and Recreation Advisory Council: (NO WRITTEN MATERIAL ON AGENDA) To appoint Grace Adams to Position No. 1, and Tom Davenport to Position No. 2 on the Parks and Recreation Advisory Council, both positions with an expiration date of 2/2/11. *(c) Public Facilities District Board Appointment: 1. Agenda Report from Gary Crutchfield, City Manager dated June 12,2008. 2. Application(1)(Council packets only) To reappoint Mark Morrissette to Position No. 2 on the Public Facilities District Board of Directors with an expiration date of 7/14/12. (€) Amendments to Animal Control Operating Agreements: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated June 3, 2008. 2. Amendment No. 2 to ACA Interlocal Agreement. 3. Amendment No. 1 to ACA Operating Jurisdiction Agreement. To approve Amendment No. 2 to the Interlocal Agreement for Animal Control and, further, authorize the Mayor to sign the agreement. -AND- To approve Amendment No. 1 to the Operating Jurisdiction Agreement for the Animal Control Authority and, further, authorize the Mayor to sign the agreement. (g) Renewal Agreement Prosecutorial Services: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated May 27, 2008. 2. Proposed Agreement. To approve the agreement for prosecutorial services and, further, to authorize the City Manager to sign the agreement. (h) Legislative Consultant Agreement: 1. Agenda Report from Gary Crutchfield, City Manager dated June 5, 2008. 2. Proposed Agreement. To approve the agreement with Gordon Thomas Honeywell Governmental Affairs for legislative consultant services and, further, authorize the City Manager to sign the agreement. Regular.Meeting 2 June 16,2008 *(i) Resolution No. 3082, a Resolution accepting work performed by Planned and Engineered Construction, Inc.,under contract for the 2007 Sewer Lining Project No. 07-1-04. 1. Agenda Report from Michael McShane, City Engineer dated June 3,2008. 2. Resolution. To approve Resolution No. 3082, accepting the work performed by Planned & Engineered Construction, Inc., under contract for the 2007 Sewer Lining Project No. 07-1-04. *(j) Resolution No. 3083, a Resolution accepting work performed by A&B Asphalt under contract for the Road 28/Road 26/Brown Street Improvements Project No. 06-3-08. 1. Agenda Report from Michael McShane, City Engineer dated May 30, 2008. 2. Resolution. To approve Resolution No. 3083, accepting the work performed by A&B Asphalt,under contract for the Road 28/Road 26/Brown Street Improvements Project No. 06-3-08. *(k) Resolutions No. 3084, a Resolution fixing the time and date for a Public Hearing to consider the vacation of a portion of Washington Street and a Portion of 13''Lane. 1. Agenda Report from David I.McDonald,City Planner dated June 9, 2008. 2. Proposed Resolution and Vicinity Map. 3. Vacation Petition. To approve Resolution No. 3084, fixing 7:00 p.m., July 21, 2008 as the time and date for a public hearing to consider the proposed vacation. (Rc) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS -OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) Financial Services Manager: General Fund Operating Statement through May 2008. (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (None). 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Ordinance No. an Ordinance relating to comprehensive land use planning and adopting a new GMA Comprehensive PIan for the City of Pasco. 1. Agenda Report from David I. McDonald, City Planner dated June 12, 2008. 2. Proposed Ordinance. 3. Draft Comprehensive Plan. NOTE: Draft Comprehensive Plan is in Council packets only; copies available in the Planning Office, the Pasco Library or on City's webpage at www_pasco-wa.gov for public review. MOTION: I move to adopt Ordinance No. , establishing a new Comprehensive Plan for the City of Pasco. (b) Resolution No. , a Resolution adopting the revised and extended Comprehensive Street, Storm Drain and Bridge Programs for the City of Pasco. 1. Agenda Report from Michael McShane, City Engineer dated June 2, 2008. 2. Proposed Plan. 3. Resolution. 4. Map. MOTION: I move to approve Resolution No. , thereby adopting the City's Six-Year Transportation Improvement Plan for 2009-2014. Regular Meeting 3 June 16, 2008 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: (a) Argent Road Widening from Road 76 to Road 84: 1. Agenda Report from Michael McShane, City Engineer dated June 12, 2008. 2. Vicinity Map. 3. Section Maps. MOTION 1: I move to approve the three-lane design for Argent Road adjacent to Chiawana High School. -AND- MOTION 2: I move to approve city payment of 50% of Road 84/Argent Road traffic signal and 100%of the sidewalk on the south side of Argent Road between Roads 76 and 84. -AND- MOTION 3: I move to approve city payment of ( �% of/ $ for) Argent Road roadway improvements between Roads 76 and 84. (b) Grand Old Fourth Agreement: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated June 12, 2008. 2. Proposed Interlocal Agreement. MOTION: I move to approve the Interlocal Agreement with Franklin County for co-sponsorship of the 2008 Grand Old Fourth and, further, authorize the Mayor to sign this agreement. *(c) Award Burden Boulevard Improvements Project: 1. Agenda Report from Michael McShane, City Engineer dated June 12, 2008. 2. Vicinity Map. 3. Bid Summary. (nc) MOTION: I move to award the low bid for the Burden Boulevard Improvements to A&B Asphalt, Inc., in the amount of$58,960.00 and, further, authorize the Mayor to sign the contract documents. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...... Q Quasi-Judicial Matter REMINDERS: 1. 6:00 p.m., Monday, June 16 — City Hall Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR JOYCE OLSON and COUNCILMEMBER MATT WATKINS) 2. 5:00 p.m., Tuesday, June 17, TRAC Facility — TRAC Board Meeting. (MAYOR JOYCE OLSON and COUNCILMEMBER REBECCA FRANCIK) 3. 9:00 a.m. Wednesday, June 18 — Friday, June 20, Yakima Convention Center — AWC Conference. (MAYOR JOYCE OLSON, COUNCILMEMBERS REBECCA FRANCIK, BOB HOFFMANN, TOM LARSEN and AL YENNEY) 4. 12:00 p.m., Thursday, June 19, 515 W. Clark Street—Pasco Downtown Development Association Board Meeting. (COUNCILMEMBER AL YENNEY,Rep.; MATT WATKINS, Alt.) 5. 11:30 a.m., Friday, June 20, Roy's Smorgy — Benton-Franklin Council of Governments Board Meeting. (COUNCILMEMBER TOM LARSEN,Rep.; BOB HOFFMANN, Alt.) 6. 11:00 a.m., Saturday, June 21, Pasco's Highland Park — 30'h Celebration Annual Juneteenth Parade (check in at 10:00 a.m.). (MAYOR JOYCE OLSON and COUNCILMEMBER BOB HOFFMANN) MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 2, 2008 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor Pro-tem. ROLL CALL: Councilmembers present: Rebecca Francik, Michael Garrison, Robert Hoffmann, Tom Larsen, Matt Watkins and Al Yenney. Joyce Olson was absent. 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; Denis Austin, Police Chief and Greg Garcia, Fire Chief. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated May 19, 2008. (b) Bills and Communications: To approve General Claims in the amount of$991,739.23 ($98,030.24 in the form of Wire Transfer Nos. 4974 and 4976 and, $893,708.99 consisting of Claim Warrants numbered 166089 through 166277). To approve Payroll Claims in the amount of$1,735,405.94, Voucher Nos. 37896 through 38013; and EFT Deposit Nos. 30023075 through 30023569. (c) Interagency Agreement for Summer School Services: To approve the Interagency Agreement with the Pasco School District for summer school services and, further, authorize the Mayor to sign the agreement. (d) Bargaining Contract with IAFF, Local 1433: To approve the Collective Bargaining Agreement with the IAFF, Local #1433 and, further, authorize the Mayor to sign the agreement. (e) Final Plat: Three Rivers Crossing Phase 5 (Hayden Homes) (MF#FP08-005): To approve the final plat for Three Rivers Crossing Phase 5. (f) Resolution No. 3079, a Resolution accepting work performed by Sharpe & Preszler Construction Company, Inc., under contract for the Water Sampling Station Installation Project No. 07-2-05. To approve Resolution No. 3079, accepting the work performed by Sharpe & Preszler Construction Company, Inc., under contract for the Water Sampling Station Installation Project No. 07-2-05. (g) Resolution No. 3080, a Resolution accepting work performed by Granite Northwest, Inc., dba Transtate Paving Company under contract for the Commercial Avenue Reconstruction Project No. 05-3-07. To approve Resolution No. 3080, accepting the work performed by Granite Northwest, Inc., dba Translate Paving Company, under contract for the Commercial Avenue Reconstruction Project No. 5-3-07. 1 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 2, 2008 'MOTION: Mr. Garrison moved to approve the Consent Agenda as read. Ms. Francik seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGMENTS: Mayor Olson presented Certificates of Appreciation for May 2008 "Yard of the Month" to: Mike and Barb Weakley, 904 Margaret Street Lenny Carlson and Kathy Dundon, 3820 W. Nixon Street Rosetta Logston, 4518 Cholla Drive John and Judy Pettigrew, 6219 Cowlitz Lane Mayor Olson presented a Certificate of Appreciation for May 2008 "Business of the Month Appearance Award"to: Riverview Obstetrics & Gynecology, 5908 Bedford Street VISITORS -OTHER THAN AGENDA ITEMS: Bill DeBoard, Chairman of the Pasco Pride for Pools Committee, introduced himself to Council. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Yenney reported on the BF Community Action Committee Board meeting. Mr. Larsen attended the Emergency Medical Services Board meeting. Mr. Garrison attended the TC Visitor and Convention Bureau Board meeting and the TRIDEC Board meeting. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Resolution No. 3081, a Resolution establishing committees for voter pamphlet statements. Mayor Pro-tern Watkins appointed Bill DeBoard, Mike Mathews, and Chris Mayfield to the Approval Committee and Eileen Crawford, Fran Younce and Judith Gidley to the Rejection Committee. Ms. Eileen Crawford, 4506 Yuma Dr., thanked Council for the opportunity to serve on the committee and noted she would like to see a covered pool facility. Mr. Bill DeBoard, 7912 Snoqualmie Dr., would like to see some monetary participation by health related businesses. Mr. John Talbott, 6712 W. Octave, noted Council should have been prepared earlier to appoint the committees. MOTION: Mr. Garrison moved to approve Resolution No. 3 08 1, appointing ad-hoc citizen committees, as listed by Mayor Pro-tern Watkins, for the preparation of voter pamphlet statements regarding the Pasco Pools Bond issue. Ms. Francik seconded. Motion carried 5-1. No -Larsen. NEW BUSINESS: Columbia River Crossing Study: Council and Staff discussed the options for this study. Mr. John Talbott, 6712 W. Octave, spoke against authorizing the study. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 2, 2008 Mr. Lyle Anderson, 1208 Rd 68, spoke against abridge crossing at Road 68. Mr. Brad Peck, 200 Rd 34, urged Council to let the study decide the best location for an additional bridge crossing. Ms. Eileen Crawford, 4506 Yuma Dr., noted there may have been a previous bridge study done on a crossing at Road 68. Ms. Kathleen Debevec, 6816 W. Marie, urged Council to consider the homeowners perspective. Mr. Gary Eby, 6708 W. Octave, noted the impact on citizens must be a part of every stage of this process. Mr. Mike Inglima, 6615 W. Octave, noted the map of the study area is not current. Ms. Marilyn Eby, 6708 W Octave, stated residential building permits should not have been issued in the proposed study area. Mr. David Koontz, 6704 W. Park, is concerned about displacing homeowners. MOTION: Mr. Garrison moved to approve the authorization for a bridge study between Road 68 and the SR395 Blue Bridge by the Benton Franklin Council of Governments (BFCG) and, further, authorize $35,000.00 for the study. Ms. Francik seconded. Motion carried 4-2. No—Larsen, Yenney. Amendment No. 2 to Professional Services Agreement with The Transpo Group: MOTION: Mr. Garrison moved 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. Ms. Francik seconded. Motion carried unanimously. Amendment No. 3 to Professional Services Agreement with The Transpo Group: MOTION: Mr. Garrison moved 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. Ms. Francik seconded. MOTION: Mr. Hoffmann moved to amend the agreement to include mandatory participation by Franklin County and Lourdes Medical Center. Mr. Yenney seconded. Motion failed for lack of majority, 3-3. Yes—Hoffinann, Yenney, Larsen. No—Francik, Garrison, Watkins. Original motion carried 4-2. No—Hoffmann, Larsen. Baseball Stadium Lease Amendment: MOTION: Mr. Garrison moved to approve the First Amendment to the Baseball Stadium Lease and, further, authorize the Mayor to sign the amendment. Ms. Francik seconded. Motion carried unanimously. New Police Officer Position: MOTION: Mr. Garrison moved to approve the addendum for the Interagency Agreement with the Pasco School District for School Resources 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. Ms. Francik seconded. Motion carried unanimously. 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 2, 2008 Professional Services Agreement for Corridor Enhancement Study: MOTION: Mr. Garrison moved to approve the Professional Services Agreement with JUB Engineers for the Corridor Enhancement Study and, further, authorize the Mayor to sign the agreement. Ms. Francik seconded. Motion carried 4-2. No—Hoffmann, Larsen. Special Permit: Farming in an R-S-1 Zone (7500 Block of Argent Road) (DNR) (MF# SP08-001): Council and staff discussed the procedures relating to a special permit. MOTION: Mr. Garrison move to remand Special Permit Application No. SP08-001 back to the Planning Commission for clarification of condition#9 to include criteria to be used by the City Council if it considers an extension of the permit after the first five years. Ms. Francik seconded. Motion carried unanimously. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:42 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 16`h day of June, 2008. 4 CITY OF PASCO Council Meeting of: June 16, 2008 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We,the undersi n , do rtify under penalty of perjury that the materials have been furnished, the services rende or t labor pe rmed as described herein and that the claim is a just, due and unpaid obligation ag city and tha a are authorized to authenticate and certify to said claim. Gary Crut field, Cilr ag r James W. Chase, 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 4979 and 4992 in the amount of$98,918.95, have been authorized;that Check No.s 166278 through 166512 are approved for payment in the amount of$2,672,979.05,for a combined total of$2,771,898.00 on this 16th day of June , 2008. Councilmember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 1,480.94 Judicial 17,169.14 Executive 8,365.57 Police 30,483.01 Fire 10,372.65 Administration&Community Services 107,765.29 Community Development 279.23 Engineering 1,492.22 Non-Departmental 109,674.04 Library 1,471.34 TOTAL GENERAL FUND: 288,553.43 STREET 237,536.91 C_ D_ BLOCK GRANT 4.03 KING COMMUNITY CENTER 2,285.83 AMBULANCE SERVICE 37,641.09 CEMETERY 4,641.77 ATHLETIC PROGRAMS 2,981.50 SENIOR CENTER 4,571.28 MULTI MODAL FACILITY 1,512.32 RIVERSHORE TRAIL&MARINA MAIN 103.95 SPECIAL ASSESSMNT LODGING 14,176.75 REVOLVING ABATEMENT 245.00 PARKS FUND 0.00 TRAC DEVELOPMENT 0.00 STADIUM/CONVENTION CENTER 211.35 SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00 METRO DRUG TASK FORCE 1,456.20 METRO DRUG FORFEITURE FUND 299.61 GENERAL CONSTRUCTION 479,781.13 WATER/SEWER 896,469.92 EQUIPMENT RENTAL-OPERATING 32,231.13 EQUIPMENT RENTAL- REPLACEMENT 42,329.83 MEDICAL/DENTAL INSURANCE 98,938.95 PUBLIC FACILITIES DIST 30,335.72 TRI CITY ANIMAL CONTROL 883.58 PAYROLL CLEARING 40,108.14 LID CONSTRUCTION 554,598.58 GRAND TOTAL ALL FUNDS: S 2,771,898.00 3�b}.1 AGENDA REPORT FOR: City Cout DATE: 619/08 TO: Gary Cruanager REGULAR: 6/16/08 Stan Str ive&Community Services Director FROM: Jim has ger SUBJECT: BAD DE F'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 $190,047.45 and, of that amount, authorize $151,207.99 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 off's 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 $ 7.57 614.45 622.02 Ambulance $ 38,831.89 10,135.93 48,967.82 Court A/R $ .00 129,849.00 129,849.00 Liens $ .00 .00 .00 Cemetery $ .00 1,390.32 1,390.32 General $ .00 8,958.29 8,958.29 Miscellaneous $ .00 260.00 260.00 TOTAL: $ 38,839.46 151,207.99 190,047.45 IV. ADMINISTRATIVE ROUTING: cc: Dot French,Municipal Court Clerk 3(b).2 AGENDA REPORT TO: City Council June 12, 2008 FROM: Gary Crutchfi y Manager Regular Mtg.: 6/16/08 SUBJECT: Public Facilitie District Board Appointment I. REFERENCE(S): 1. Application (1) (Council packets only) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/16 MOTION: I move to reappoint Mark Morrissette to Position No. 2 on the Public Facilities District Board of Directors with an expiration date of 7/14/12. III. HISTORY AND FACTS BRIEF: A) The Public Facilities District Board is composed of five members; terms are for four years. The Board meets quarterly. B) The Public Facilities District Board oversees operation of the Pasco Public Facilities District and payment of Pasco's share of a special state grant intended for regional public facilities. It also may acquire, construct, operate and maintain any qualified regional public facilities. C) There is one position whose term has expired: 1. Position No. 2 (currently Mark Morrissette) D) Only one application was received, that being Mr. Morrissette. IV. DISCUSSION: A) Staff recommends reappointment of Mr. Morrissette to Position No. 2. 3(e) AGENDA REPORT FOR: City Council June 3, 2008 TO: Gary Crutchfiel anager FROM: Stan Strebel, A ini ati and Community Workshop Mtg.: 6/9/08 Services Director` Regular Mtg.: 6/16/08 SUBJECT: Amendments to Animal Control Operating Agreements I. REFERENCE(S): 1. Amendment No. 2 to ACA Interlocal Agreement 2. Amendment No. 1 to ACA Operating Jurisdiction Agreement 1I. 'ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 619: Discussion 6/16: Motion: I move to approve Amendment No. 2 to the Interlocal Agreement for Animal Control, and further, authorize the Mayor to sign the agreement. Motion: I move to approve Amendment No. 1 to the Operating Jurisdiction Agreement for the Animal Control Authority and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) Amendment No. 2 to the Interlocal Agreement for Animal Control is proposed by the ACA to clarify the budget process for the annual budget. Since the ACA is operating on behalf of each of the Cities, and not a separate entity, there is no formal budget development process outside that used by each of the Cities. The amendment clarifies this as current practice. Staff recommends approval of the amendment. B) Amendment No. 1 of the Operating Jurisdiction Agreement for the ACA is recommended so that there is a clear understanding that public records requests relating to animal control and the ACA are to be processed through the Operating Jurisdiction (Pasco). This will help avoid confusion for the public, eliminating the need to approach separate cities or the animal control contractor and defining the parry responsible for records. Staff recommends approval of the amendment. 3(f) AMENDMENT NO. 2 TO INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITIES OF RICHLAND, PASCO, KENNEWICK WASHINGTON FOR ANIMAL CONTROL THIS AMENDMENT to that certain Interlocal Cooperative Agreement which is dated the 23rd day of August, 2005, among the City of Kennewick, Washington; Pasco, Washington; and Richland, Washington; all municipal corporations of the State of Washington, is made this day of 2008. WHEREAS, the Cities have, pursuant to Chapter 3934 R.C.W., the Interlocal Cooperation Act, agreed to exercise their powers jointly to provide animal control services and facilities which will best fulfill common needs of the Cities, and; WHEREAS, the Cities by their respective City Councils, have determined that certain amendments to the Interlocal Cooperative Agreement are warranted, now, therefore, and in consideration of the mutual covenants contained therein, it is agreed to amend said Interlocal Agreement, Section IV, Assessment and Reimbursement, is to read as follows: SECTION IV ASSESSMENT AND REIMBURSEMENT The Management committee shall submit an annual budget of expenses for Animal Control Services for approval by each of the Cities. Each City will include within their respective operating budgets the pro-rata share of expenses for Animal Control Services including contract expenses for patrol sheltering and related services as well as for facility and equipment rent, repair and maintenance plus any capital expenses as recommended by the committee and approved by the Cities. Each City shall maintain by ordinance or regulation its own rates and charges for compliance with their respective animal codes and fines and forfeitures for its enforcement within its territorial jurisdiction. All revenues derived therefrom shall be solely the revenues of that City. The approved operating budget shall consist of basic fixed cost which will be equally divided among the Cities and variable expense which shall be divided among the Cities based upon their percentages of use. The specific fund necessary for the implementation of this Agreement shall be maintained at the Operating Jurisdiction and shall be designated the "Tri-City Animal Control Operating Fund." All remaining provisions of the Interlocal Agreement shall remain in full force and effect. This Amendment approved by the cities, parties to the Interlocal Agreement, the day and year first written above: AMENDMENT NO. 2 TO INTERLOCAL COOPERATIVE AGREEMENT TRI-CITY ANIMAL CONTROL SERVICES THE CITY OF ]KENNEWICK: James . Beaver, Ma or Attest: Valerie J. LOA, City C Approved as to form: L2�— Lisa Beaton, City Attorney THE CITY OF PASCO: BY: Joyce Olson, Mayor Attest: Debra L. Clark, City Clerk Approved as to form: Leland B. Kerr, Attorney THE CITY OF RICHLAND: BY: L;��L z jeShn Fox, Mayo Attest: 1() Debra C B ham, Chief Deputy City Clerk Approved as to form: Thomas O. Lampson, City ttorney AMENDMENT NO. 2 TO INTERLOCAL COOPERATIVE AGREEMENT TRI-CITY ANIMAL CONTROL SERVICES AMENDMENT NO. 1 OPERATING JURISDICTION AGREEMENT ANIMAL CONTROL AUTHORITY THIS AMENDMENT to that certain Operating Jurisdiction Agreement entered into and effec- tive the 1st day of January, 2007, between the City of Kennewick, the City of Pasco, and the City of Richland, all municipal corporations of the State of Washington, and collectively referred to as the Ani- mal Control Authority (ACA), and the City of Pasco (Pasco), a municipal corporation of the State of Washington, is made and entered into this day of , 2008. WHEREAS, the ACA and Pasco deems it necessary and desirable to amend the Scope of Services as set forth in the Operating Jurisdiction Agreement, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree to amend 2. Scope of Services to add the following underlined language and read as follows: 2. Scope of Services. Pasco shall perform the following services as Operating Jurisdiction: (a) Maintain a separate fund for the receipt of funds from the ACA Cities and for the payment of expenses for the ACA. (b) Provide administrative oversight to the ACA's contractor for animal control and sheltering services. (c) Maintain records on ACA owned equipment and inventory, including vehicle maintenance and replacement accounting. (d) Schedule meetings of the ACA, as needed, including agenda and minute preparation. (e) Provide legal counsel services to the ACA through its appointed City Attorney. (f) Responsible Official for Public Records Requests relating to Animal Control. ANIMAL CONTROL AUTHORITY CITY OF ASCO CITY OF KENNEWICK Robert R. Hammond, City Manager G Crutc fiel City a n a g e r Attest: Valerie J. Loffler, City Clerk Approved as to form: Lisa Beaton, City Attorney Amendment No. 1 to Operating Jurisdiction Agreement Page 1 Animal Control Authority CITY OF PASCO Joyce Olson, Mayor Attest: Debra L. Clark, City Cleric Approved as to Form: Leland B. Kerr, Attorney CITY OF RICHLAND Cindy Johnson, City Manager Attest: Debby Barham, Deputy City Clerk Approved as to Form: Thomas O. Lampson, City Attorney Amendment No. I to Operating Jurisdiction Agreement Page 2 Animal Control Authority AGENDA REPORT FOR: City Council May 27, 2008 TO: Gary Crutchfi Manager FROM: Stan Strebel, dministrative an Workshop Mtg.: 6/9/08 Community Services Director Regular Mtg.: 6/16/08 SUBJECT: Renewal Agreement Prosecutorial Services I. REFERENCE(S): 1. Proposed Agreement II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 619: Discussion 6/16: Motion: I move to approve the agreement for prosecutorial services and to authorize the City Manager to sign the agreement. III. FISCAL IMPACT: $9,000 per month(first year) in budget. IV. HISTORY AND FACTS BRIEF: A) The City has contracted for prosecution services for the past 6 years. The arrangement has met the needs of the City and required less staff time than managing an employee. B) As the existing agreement expires on June 18"', staff has received a proposal for renewing the agreement. The proposed changes, which are shown as strikeout and underline in the attached proposed agreement include: 1) Dropping Mr. Hui's name from the contract — this is only for bookkeeping purposes, as Mr. Hui will provide services as in the past; 2) Compensation is proposed to be increased by approximately 2.8%per year; 3) Added is language opening the contract for renegotiation in the event of occurrences which could impact the time commitment of prosecutors. 4) Adjustment of the term for an additional 2 years. C) Staff recommends approval of the agreement. 3(9) AGREEMENT FOR PROSECUTORIAL SERVICES THIS AGREEMENT is entered into by and between the CITY OF PASCO, hereinafter referred to as "Pasco", and TERRY M. TANNER and RAYMOND G. 14U1, hereinafter referred to as"Prosecutors", for the purpose of providing prosecutorial services for the City of Pasco. 1. PROSECUTORS SHALL: A. Provide complete municipal misdemeanor, gross misdemeanor, and civil infraction prosecutions for all cases filed in the Pasco Municipal Court and other related services including: I. Arraignment Docket representation 2. Incarceration Docket representation 3. Negotiation and resolution of fines and forfeiture 4. Bench Trials and hearings 5. Pre-trial hearings 6. Jury Trials and Trial Readiness Hearings 7. Post-trial motions and hearings 8. Appeals 9. Police Department day to day counsel and training as needed. (Prosecutors will e-mail the Police Chief and Patrol Captain with any concerns relating to police duties or functions. The Patrol Captain or Police Chief shall contact the Prosecutors if they would like to meet to discuss these concerns or provide training to the police department.) 10. Response to criminal-related questions from the public that cannot be answered by administrative staff; B. Be prompt in attendance for all required dockets, hearings and trials as outlined on the attached "Exhibit A", "Pasco Municipal Court Prosecutor Schedule". Such schedule may be changed from time to time to meet the needs of the Court upon mutual agreement of the parties. C. Designate a contact who shall be responsible for: 1. Complaint review and response 2. Review and evaluation of quality of service 3. Periodic reports to the City administration; D. Personally provide the prosecution services and divide the representation to ensure full-time coverage as well as substitute, conflict, and additionally required coverage to allow multiple actions to proceed when necessary. In the event Prosecutors wish to hire additional attorneys other than the signators to this Agreement to perform services, Prosecutors shall obtain advance approval from Pasco. This provision shall not apply in the event of unforseen circumstances where Prosecutors are temporarily unable to perform. Prosecutors shall be responsible for assuring that qualified attorneys are present in Court at all times necessary; and E. Use established practices and policies to recommend utilization of alternatives to incarceration as appropriate. Such alternatives shall include but not be limited to electronic home monitoring, work crew, etc. Prosecutors shall obtain Pasco's approval prior to implementing any program for alternate dispositions involving charitable contributions. F. Satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court and shall complete seven hours of continuing legal education within each calendar year in courses relating to prosecution. 2. PASCO SHALL: A. Maintain a City Prosecutor's Office with office space available for the prosecutor at least ten hours per week. B. Employ a full-time Legal Assistant on-site at the City Prosecutor's Office providing: 1. Case management and file maintenance 2. Subpoena issuance and return of service 3. Witness contact 4. Docket preparation. C. Employ a part-time clerical assistant for correspondence and document preparation. D. Pay all subpoena and service costs and costs of required reports for prosecution. E. Pay to Prosecutor the sum of Eight Thousand Five Hundred Doila s ($8,500) Nine Thousand Dollars $9,000) per month for the first year and Eight Thousand Seven 14undr-ed and Fifty Dollars ($8,W-W Nine Thousand Two-Hundred Fifty Dollars ($9,250) per month for the second year. Payments shall be due on or before the 10th day following each calendar month. Payments shall be prorated for partial month. Renegotiation of the terms of this agreement upon the following occurrences: (1) there is a Washington Court Rule amendment that results in a procedural change in court proceedings, or 2 there is a change in Court Docket/Schedule as outlined in Exhibit A. In addition, Prosecutors shall be paid the sum of Si • Htmdred "e"°°s ($600) Seven Hundred Fifty Dollars ($750) for each case appealed (except for any case noted for reconsideration at the trial court level). However, if a court of appeals grants the Prosecutor's motion to dismiss for "Want of Prosecution", then there shall be no charge to the City for the appeal. Prosecutors shall provide an invoice to Pasco upon completion of any appeal work. 3. Term. The term of this Agreement shall be for two (2) years, beginning june 19, 20 June 19, 2008,and ending june 18, 2006 June 18, 2010. Either party may terminate this Agreement after one (1) year upon sixty (60) days written notice. 4. ' Caseload. In the event the workload (as indicated by number of case filings and number of represented cases) exceeds the prior year's workload by fifteen percent (15%) or more, Prosecutors may request additional compensation. If no agreement is reached concerning said additional compensation, Prosecutors may terminate this Agreement upon ninety (90) days written notice. 5. Independent contractors. Prosecutors shall be independent contractors and not employees of Pasco. 6. Insurance and Indemnification. During the term of this Agreement, the Prosecutors shall maintain errors and omissions insurance coverage and shall include anyone else acting for or on behalf of the Prosecutors 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 Fifty Thousand Dollars ($250,000.00) or more. At the time of commencement of the performance of services hereunder, the Prosecutors 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 of Pasco. CITY OF PASCO Gary Crutchfield, City Manager Date PROSECUTORS Terry M. Tanner Date Raymond G. Hei Da* "Exhibit A" PASCO MUNICIPAL COURT PROSECUTOR SCHEDULE Monday Tuesday Wednesday Thursday Friday Traffic Pre-Trials In-Custody In-Custody Trial Readiness 8:30 AM to 8:30 AM to 10:00 AM to 10:00 AM to 12:00 12:00 NOON 12:00 12:00 9:00 AM to NOON NOON NOON 12:00 NOON (AM) ODD DAYS MOTION 9:10 am TO 12:00 noon Even days Pre-Trials Arraienment Jury-Trials 1:00 PM to 1:30 PM to 9:00 AM to 5:00 PM 5:00 PM 5:00 PM EVEN (PM) DAYS AGENDA REPORT TO: City Council June 5, 2008 FROM: Gary Crutchfield, City Manager Workshop Mtg.: 6/9/08 Regular Mtg.: 6/16/08 SUBJECT: Legislative Consultant Agreement I. REFERENCE(S): 1. Proposed Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/9: Discussion 6116: MOTION: I move to approve the agreement with Gordon Thomas Honeywell Governmental Affairs for legislative consultant services and, further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: Total: $30,000 (estimated$13,500 in 2008; $16,500 in 2009) IV. HISTORY AND FACTS BRIEF: A) The city has employed the services of a legislative consultant for each of the past five years. In doing so, the city has realized the following accomplishments that would likely not have happened if not for the particular services of the consultant work: • $5.2 million legislative appropriation for construction of the Ainsworth Overpass Project; • Passage of HB2418, authorizing dissolution of a joint housing authority; • $400,000 legislative appropriation for construction of the Court Street Pedestrian Overpass of SR395. B) GTH has offered to continue services for Pasco, at their standard rate of$2,500 per month, with a contract term of one year; the resulting cost is $30,000 (plus $3,000 in reimbursables). While the consultant will perform the general legislative duties listed, the greatest value will be the consultant's effort to obtain state funding assistance for the Lewis Street overpass, a long-desired project of the city which is simply too costly for the city to construct on its own. V. DISCUSSION: A) The value of an effective legislative consultant is clear when measured by the success the city has realized over the past five years. Continuing such a relationship is imperative if the city desires to continue to seek assistance via the state legislature (whether by appropriation or statutory language). B) GTH accomplished no small feat in the 2007 session by helping legislative appropriation of the $400,000 for the overpass. While our legislators were instrumental in this endeavor, they were aided by the effort of GTH coordinating with many other legislators to assure the local objective was not lost in the details of the budget process. The same will be necessary for the Lewis Street Overpass. C) GTH has the advantage of a Washington D.C. office; thus, the opportunity to pursue a coordinated effort (state and federal) to obtain the funding assistance necessary if the city is ever to construct the Lewis Street overpass project. The proposed scope of work will not only address the city's 2009 legislative agenda, but will also produce a "federal/state" action plan specifically aimed at the Lewis Street overpass objective. D) In view of the potential 2009 legislative benefits and the certain work products, staff recommends approval of the proposed contract. 3(h) CITY OF PASCO CONSULTING AGREEMENT This Agreement is entered into by and between City of Pasco and any other party hereto, as is identified in the consultant's signature block below (hereinafter referred to as "Consultant"), upon the following terms and conditions: A. Scope of Work. Consultant will advise and assist the City of Pasco in accordance with Consultant's Scope of Work, described in Attachment "A" hereto and incorporated herein, and Consultant will do and produce such other things as are set forth in the Scope of Work (the "Services"). Consultant's Services will be in compliance with applicable laws, regulations, rules, orders, licenses and permits, now or hereinafter in effect, and Consultant shall furnish such documents as may be required to effect or evidence such compliance. B. Compensation; Expenses. The City of Pasco will pay Consultant for satisfactorily rendered Services in accordance with the specific terms set forth in Attachment"A". C. Invoices; Payment. Consultant will furnish the City of Pasco invoices at regular intervals, as set forth in Attachment"A". D. Term. Consultant shall promptly begin the Services hereunder on the date set forth in Attachment "A" and shall terminate same on the date set forth in Attachment "A", unless earlier terminated by mutual agreement. The City of or consultant may terminate consultant services for convenience at any time prior to the termination date set forth in Attachment A, provided that either party provides 30-days notice. E. Ownership of Work Product. The product of all work performed under this agreement, including reports, and other related materials shall be the property of the City of Pasco or its nominees, and the City of Pasco or its nominees shall have the sole right to use, sell, license, publish or otherwise disseminate or transfer rights in such work product. G. Independent Contractor. Consultant is an independent contractor and nothing contained herein shall be deemed to make Consultant an employee of the City of Pasco, or to empower consultant to bind or obligate the City of Pasco in any way. Consultant is solely responsible for paying all of Consultant's own tax obligations, as well as those due for any employee/subcontractor permitted to work for Consultant hereunder. H. Release of Claims; Indemnity. Consultant hereby releases, and shall defend, indemnify and hold harmless the City of Pasco from and against all claims, liabilities, damages and costs arising directly or indirectly out of, or related to, Consultant's fault, negligence, strict liability or produce liability of Consultant, and/or that of any permitted employee or subcontract or Consultant, pertaining to the Services hereunder. I. Assignment. Consultant's rights and obligations hereunder shall not be assigned or transferred without the City of Pasco's prior written consent; subject thereto, this Agreement shall be binding upon and inure to the benefit of the parties' heirs, and successors. J. Governing Law; Severability. This Agreement shall be governed by the laws of the State of Washington, U.S.A. (excluding conflict of laws provisions). If any term or provision of this Agreement is determined to be legally invalid or unenforceable by a court with lawful jurisdiction hereover (excluding arbitrators), such term or provision shall not affect the validity or enforceability of any remaining terms or provisions of this Agreement, and the court shall, so far as possible, construe the invalid portion to implement the original intent thereof. K. Arbitration. Any dispute between the parties related to or arising out of the subject matter of this Agreement shall be resolved exclusively through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association in Washington State. L. Entire Agreement; Etc. This Agreement, and its incorporated attachments hereto, state the entire agreement between the parties regarding the subject matter hereof and supersede any prior agreements or understandings pertaining thereto. Any modification to this Agreement must be made in writing and signed by authorized representatives of both parties. Any provision hereof which may be reasonably deemed to survive the expiration or termination of this Agreement shall so survive, and remain in continuing effect. No delay or failure in exercising any right hereunder shall be deemed to constitute a waiver of any right granted hereunder or at law by either party. Consultant: City of Pasco Gordon Thomas Honeywell Governmental Affairs Tim Schellberg, President Gary Crutchfield, City Manager Date: Date: 2008-2009 Legislative Services Agreement Page 2 ATTACHMENT "A" TO CITY OF PASCO CONSULTING AGREEMENT A. Scope of Work: Consultant shall provide the City of Pasco with the following governmental affair services: General Washington State Legislative Services • Identify and track all relevant legislation • During the legislative session, provide the City of Pasco with weekly reports and tracking lists. • Attend all relevant legislative hearings. • Attend all relevant legislative meetings. • Coordinate City of Pasco officials to testify at relevant legislative hearings. • Lobby to amend, defeat or pass legislation or budgets that directly affect the City of Pasco's interests. • Strengthen relevant legislative relationships between the City of Pasco, state legislators, and executive offices. • Work with the City of Pasco to develop a state budget request and lobby the Legislature to fiend the request. Specific Transportation Funding Services - Consultant will work with the City of Pasco to develop a budget request for the Lewis Street Overpass. Once the project request is refined, consultant will: • Lobby the State Legislature and executive agencies to support and fund the project. • Determine if State grants, rather than specific legislative appropriations can be pursued to the fund the project, and if so, work in consultation with the City of Pasco to pursue the grants. • Determine if a federal partnership could be developed to pursue the transportation project, and what federal funding sources are available. If federal funds are available, Consultant will prepare a second proposal to represent the City of Pasco in Congress to secure federal funds. 2008-2009 Legislative Services Agreement Page 3 B. Compensation/Expenses: The City of Pasco shall pay Consultant a monthly fee of $2,500 for the services listed above. Consultant shall only bill communication expenses, such as travel to Pasco. The expanses shall not exceed $3,000 for the term of the contract. C. Invoices/Payments: (a) Consultant shall furnish the City Pasco of with invoices for services performed on a monthly basis, and (b) the City of Pasco shall pay each of Consultant's invoices within thirty(30) days after the City of receipt and verification. D. Term of Agreement: Consultant's services shall commence on July 1, 2008 and shall terminate on June 30, 2009. 2008-2009 Legislative Services Agreement Page 4 AGENDA REPORT NO. 24 FOR: City Council June 3, 2008 TO: Gary Crutchfiel , Robert J. A1be k Director FROM: Michael McShakity Engineer Regular Mtg.: 06/16/2008 SUBJECT: Accept 2007 Sewer Lining Project, #07-1-04 L REFERENCE(S): 1. Resolution II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 06116: MOTION: I move to approve Resolution No. '! accepting the work performed by Planned & Engineered Construction, Inc., under contract for the 2007 Sewer Lining Project, #07-1-04. III. FISCAL IMPACT: Public Works - Sewer Fund IV. HISTORY AND FACTS BRIEF: A) On December 17, 2007, Council awarded the 2007 Sewer Lining Project, #07-1-04 to Planned & Engineered Construction, Inc. for $606,903.99 including all applicable alternates and tax. V. DISCUSSION: A) The final project cost was $574,749.32. The work is now complete and staff recommends acceptance of this work. RESOLUTION NO.398ol A RESOLUTION ACCEPTING WORK PERFORMED BY PLANNED & ENGINEERED CONSTRUCTION, INC. UNDER CONTRACT FOR THE 2007 SEWER LINING PROJECT, #07-1-04. WHEREAS, the work performed by PLANNED & ENGINEERED CONSTRUCTION, INC., under contract for the 2007 Sewer Lining Project, #07-1-04, has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering recommendation and thereby accepts the work performed by PLANNED & ENGINEERED CONSTRUCTION, INC., under contract for the 2007 Sewer Lining Project, #07-1-04, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 16th day of June, 2008. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT NO. 23 FOR: City Council May 30, 2008 TO: Gary Crutchfield City Robert J. Albei or s Director FROM: Michael McSha�IIL�,''CYity Engineer Regular Mtg.: 06/16/2008 SUBJECT: Accept Road 28/Road 26/Brown Street Improvements Project, #06-3-08 I. REFERENCE(S): 1. Resolution II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 06/16: MOTION: I move to approve Resolution No. 30%3 accepting the work performed by A&B Asphalt, under contract for the Road 28/Road 26/Brown Street Improvements Project, #06-3-08. III. FISCAL IMPACT: Arterial Street Fund IV. HISTORY AND FACTS BRIEF: A) On October 1, 2007, Council awarded the Road 28/Road 26/Brown Street Improvements Project, #06-3-08 to A&B Asphalt for$171,239.50. V. DISCUSSION: A) The final project cost was $176,069.80. The overage was due to additional work done to widen the corner at 26th and Court Street. The work is now complete and staff recommends acceptance of this work. 3(j) RESOLUTION NO. A RESOLUTION ACCEPTING WORK PERFORMED BY A&B ASPHALT UNDER CONTRACT FOR THE ROAD 28/ROAD 26/BROWN STREET IMPROVEMENTS PROJECT, #06-3-08. WHEREAS, the work performed by A&B ASPHALT, under contract for the Road 28/Road 26/Brown Street Improvements Project, #06-3-08, has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering recommendation and thereby accepts the work performed by A&B ASPHALT, under contract for the Road 28/Road26/Brown Street Improvements Project, #06-3-08, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 16th day of June, 2008. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT NO. 24 FOR: City Council DATE: 6/9/08 TO: Gary Crutchfiel anager WORKSHOP: REGULAR: 6/16/08 FROM: David I. McDo ald, City Planner SUBJECT: STREET VACATION- A portion of Washington Street and "S. 13`" Lane (MF #VAC-08-005) L REFERENCE(S): A. Proposed Resolution and Vicinity Map B. Vacation Petition 1Q. ACTION RE VESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: 1 move to approve Resolution No.5N ', fixing 7:00 PM, July 21, 2008 as the time and date for a public hearing to consider the proposed vacation. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The owner of Lots 1 and 2, Block 30 Riverside Addition is seeking to vacate a portion of Washington Street and South 13`x' Lane abutting his property. The vacation is being requested to facilitate the construction of a new single family home. B. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing, which provides the statutory 20-day hearing notice, is July 21, 2008. V. DISCUSSION: NONE VI. ADMINISTRATIVE ROUTING: 3(k) RESOLUTION NO. A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF WASHINGTON STREET AND A PORTION OF 13" LANE. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating the South 10 feet of Washington Street and the West 25 feet of South 13th Lane adjacent Lots 1 and 2, Riverside Addition, will be held before the City Council of the City of Pasco in the Council Chambers at, 525 North 3rd Avenue, Pasco, Washington, at the hour of 7:00 p.m., on July 21, 2008. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. PASSED by the City Council of the City of Pasco this day of , 2008. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney M Z �� b �z O Q �E[ C�.0 U 9 OC 1 CIO U o� � o � ct Nay W POO C� FEE $2Q0 CITY OF PASCO STREEVALLEY VACATION PETITION MASTER FILE # _ DATE SUBMITTED: I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: �J��_ SPUTA 0 ' d' r- WASA 14A.?� -04 L. - 6 �VE?-5)P9 ADD APPLICANT: _ PROPERTY OWNED (Legal Description) Print Name: h? �/�!' ���5 j 2 $ 3 Sign Name: R.w6szsj�pe A010 Address: % /�' S, /3 ,�� Phone # U�- �3�� Date ����'ZdL Print Name: Sign Name: Date Print Name: Sign Name: Date GENERAL FUND OPERATING STATEMENT THROUGH MAY 2008 CASH BASIS YTD % OF YTD TOTAL % OF 2008 2008 ANNUAL 2007 2007 TOTAL ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL REVENUE SOURCES: TAXES: PROPERTY 2,629,007 5,503,000 47.8% 2,640,639 5,077,608 52.0% SALES 3,607,492 8,050,000 44.8% 3,427,000 8,652,647 39.6% UTILITY 3,119,674 7,070,000 44.1% 3,097,356 6,788,746 45.6% OTHER 420,298 940,000 44.7% 391,799 908,784 431% LICENSES& PERMITS 814,823 970,900 83.9% 876,532 1,708,999 51.3% INTERGOV'T REVENUE 332,223 1,186,500 28.0% 265,237 1,348,642 19.7% CHARGES FOR SERVICES 999,426 2,598,500 38.5% 1,142,340 2,534,636 45.1% FINES & FORFEITS 330,993 874,900 37.8% 386,516 951,007 40.6% MISC. REVENUE 312,831 853,300 36.7% 334,288 1,031,475 32.4% OTHER FIN. SOURCES 13,836 133,000 10.4% 171,776 192,405 89.3% TOTAL REVENUES 12,580,603 28,180,100 44Z% 12,733,483 29,194,949 43.6% BEGINNING CASH BALANCE 6,272,547 6,000,000 5,391,199 5,391,199 TOTAL SOURCES 18,853,150 34,180,100 55.2% 18,124,682 34,586,148 52.4% EXPENDITURES: CITY COUNCIL 45,194 115,325 392% 39,728 95,638 41.5% MUNICIPAL COURT 416,789 1,113,625 37.4% 395,057 1,019,344 38.8% CITY MANAGER 304,469 670,400 45.4% 277,558 674,083 41.2% POLICE 4,282,459 10,223,061 41.9% 4,130,796 9,976,604 41.4% FIRE 1,558,518 3,855,500 40.4% 1,510,013 3,748,069 40.3% ADMIN & COMMUNITY SVCS 1,907,527 5,092,640 37.5% 1,700,296 4,727,687 36.0% COMMUNITY DEVELOPMENT 460,753 1,080,695 42.6% 557,830 1,335,287 41.8% ENGINEERING 500,502 1,176,600 42.5% 424,572 993,182 42.7% MISC. NON-DEPARTMENT 1,769,122 5,398,010 32.8% 1,695,617 4,640,790 36.5% LIBRARY 468,315 1,161,010 40.3% 451,084 1,102,917 40.9% TOTAL EXPENDITURES 11,713,648 29,886,866 39.2% 11,182,551 28,313,601 39.5% ENDING FUND BALANCE 4,293,234 6,272,547 TOTALS 34,180,100 34,586,148 AVAILABLE CASH BALANCE 7,139,502 6,942,131 PERCENTAGE OF BUDGET ALLOCATED FOR 5 MONTHS 41.7% • Authorized but non-budget expenditures of $165,550 (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. 25 FOR: City Council DATE: June 12, 2008 TO: Gary Crutchfiel y anager WORKSHOP: REGULAR: June 16, 2008 FROM: David I. McDonald, City Planner SUBJECT: Comprehensive Plan: Comprehensive Plan Update (MF#CP07-002) (City of Pasco) I. REFERENCE(S): A. Proposed Ordinance B. Draft Comprehensive Plan Note: Draft Comprehensive Plan is in the Council packet only; copies available in the Planning Office, the Pasco Library or on City's web page at www.pasco-wa.gov for public review. IL ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. establishing a new Comprehensive Plan for the City of Pasco III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A. The Growth Management Act (GMA) requires most cities in the State to develop Comprehensive Plans for guiding urban development. The City's original GMA plan was adopted by the City Council in August of 1995. The plan is required to be periodically updated. Pasco is on the 2007 cycle for plan update, and every seven years thereafter. B. The Planning Commission held hearings, in September of 2007 (Volume I) and January 2008 (Volume II), to review proposed updates to the plan and make a recommendation to the City Council. C. The Council reviewed the initial draft Comprehensive Plan in March of this year and at the June 9, 2008 workshop. V. DISCUSSION: The proposed Ordinance repeals Ordinance No. 3104 which established the first GMA plan in 1995 and adopts a new plan for Pasco and the Urban Growth Area. The next major update of the plan will needed to be completed by December 1, 2014. 8(a) ORDINANCE NO. AN ORDINANCE relating to comprehensive land use planning and adopting a new GMA Comprehensive Plan for the City of Pasco. WHEREAS, the Pasco City Council did on August 21, 1995 adopt by Ordinance No. 3104 a Comprehensive Plan for the City; and, WHEREAS, the Comprehensive Plan adopted under Ordinance No. 3104 was required by the State Growth Management Act (GMA) to be updated and readopted on a seven year cycle beginning on December 1, 2007; and, WHEREAS, the Planning Commission conducted a public hearing on September 20, 2007 and January 31, 2008 to recommend adoption of a new Comprehensive Plan for the Pasco urban Growth Area; and, WHEREAS, in addition to public hearings, public workshops meetings and neighborhood meetings were held to receive public input on the new Comprehensive Plan; and, WHEREAS, the new Comprehensive Plan was forwarded to the Office of Community Trade and Economic Development on January 18, 2008 for the required 60 day state review; and, WHEREAS,the 60 day review period ended on March 18, 2008 and, WHEREAS, the responsible official for the State Environmental Policy Act has determined the new Comprehensive Plan will not have a probable significant adverse impact on the quality of the environment; and, WHEREAS, the development regulations for the city have been reviewed for consistency with the new Comprehensive Plan and do not require any amendments except the critical lands ordinance which must be updated by December 1, 2008 as required by the GMA; and, WHEREAS, the City Council finds the Planning Commission's recommendation will aid the City in anticipating orderly and coordinated development within the city; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. That Ordinance No. 3104 and any amendments thereto be and the same is hereby repealed. Section 2. That the Comprehensive Plan consisting of Volumes # I and # II as indicated in Exhibit # 1 attached hereto be and is hereby adopted as the Comprehensive Plan for Pasco and the Pasco Urban Growth Area. Section 3. That the existing development regulations of the City of Pasco do not require amendments at the present time. Section 4. This ordinance shall be in full force and effect after passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 16th day of June, 2008. Joyce Olson Olson, Mayor ATTEST: Sandy Kenworthy, Deputy City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney AGENDA REPORT NO. 25 FOR: City Council DATE: 06/02/2008 TO: Gary Crutchfie i Robert J. Albe ec f ublic Works FROM: Michael MeSha/M, Engineer Workshop: 06/09/08 Regular: 06/16/08 SUBJECT: Six-Year Transportation Improvement Plan 2009 - 2014 I. REFERENCE(S): 1. Proposed Plan 2. Resolution 3. Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 06/09: Discussion 06/16: Conduct Public Hearing MOTION: I move to approve Resolution No. thereby adopting the City's Six-Year Transportation Improvement Plan for 2009 - 2014. III. FISCAL IMPACT: None IV. HISTORY AND BRIEF FACTS: A) Each year, all Cities and Counties in the State are required to adopt an updated Six-Year Transportation Improvement Plan specifically for federal and state funded projects. For the City of Pasco, this plan has consisted of all projects including the annual overlays, street widening, and signal projects which are within the City limits. Larger projects such as the Lewis Street Overpass also have been shown. B) The proposed six-year program represents those projects that are anticipated to be needed within six years. Several projects will need to be coordinated with utility projects which could change the actual timing of the projects. Although this process of adopting a six-year plan is a state requirement, the Council will again review the projects in the Six-Year C.I.P. process and the budgeting process. While the worksheets presented by staff include a potential funding source, many of the projects listed will be dependent upon available funding and/or local improvement districts. In addition, staff will be pursuing available grants from the various funding programs. Staff recommends the plan be presented at a public hearing on June 16, 2008, and that Council adopt the plan by resolution. $(b) O ° O 0 LO U � L C� d a :CO O M CO ° O 75 69 60- 0 0 LL LO O m CO a) LL �, r r a) U o LL. L r•M' �• co!may, Q 9ryT VJ 1' Q CD V/ U U � v � o ) m ° Q -� N ¢ J c CN o C U tv O U- m O o Q) i CD � O ~ °O 0 LL O CD CD C:) cn C tL a) cn 0 U) t� W C: O i N U U U O ~ C O O - N O (n cn En o 73 -a 73 D :3 aQ O LL p p D LL_ .0 ° LL C co u LL LL LL o o O a) inz o N cry -a a 0 a) 0 0 a) 0 U. 0 0 0 C) O O O C 5 N N T L3 Z N a fl? 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CL a) M a) a) LD o _ - U) c . a) to to � (D 0 U3 cn co U) T o) U) -0 a) c n. o a) cc � cL o o m .� °) o mU o o a) - � U) 0 c Q U) U) :� +- n mm � a) U4- a) CO X U1 (n a O co U) U) CO U) U) U) UJ L) 0 0 0 � -0 70 a 0 Z -0 n. 0 0 0 -0 .- c) O Lm (`� moo °�° 0 m � mo � MMM0o - O > » atrU >> > � Jm CL O a) ro U aa), L) a' a c M w. M co .. v is o L_ t) u O a; � L +r � a; � •� � vtA N yt� w O � w O � M .r to - 4) *r t) = F- M U) I-- a) V3 > QO NH � •� to _ 3 � M L _ �vooto 'aQ +aoa0E � oo � °oa i W y a � %. a7 006 —06 — i a) co 0 Z Npa a) W -. ter MO o) U) � O 0 a) � v) C v o � uUivai � aMM o � tn mm CDV- 0U) ,,=_ Q y N p •- - O M O O C4 p g 0 0 0 cm (D •- •- 0 0 - o a JI uT- r rr M -ma r T-- 'r- 0 -h Ur r N o RESOLUTION NO. A RESOLUTION adopting the revised and extended Comprehensive Street, Storm Drain and Bridge Programs for the City of Pasco. WHEREAS, RCW 35.77.010 provides for annual revision and extension of the Comprehensive Street Program of each city and town, after holding public hearings thereon; and WHEREAS, it is now time to revise and extend the Comprehensive Street, Storm Drain and Bridge Programs; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, That the City Council of the City of Pasco hereby adopts the revision and extension of the Comprehensive Street, Storm Drain and Bridge Programs for the ensuing six years as attached hereto and labeled "Six-Year Transportation Improvement Plan 2009 - 2014" incorporated by this reference as though fully set forth herein; and Be It Further Resolved, that the Comprehensive Street, Storm Drain and Bridge Programs shall be filed with the Benton-Franklin Regional Council and the State of Washington. PASSED by the City Council of the City of Pasco this 16th Day of June, 2008. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy Leland B. Kerr Deputy City Clerk City Attorney -- - -F.-I' '- �I --C_ g - � _= � ' 1ralllllll `IRllllllllnllul�11111 •� ► t.l l ll�ll ll�llll''��u"}tl��11 tl rl ll,;� °°�. ,tt�r I�r'� IIIIIr�lllllll==, �' '*' __-�� IIIIINIIunlultr:i'�— JIIIIII IIlll� �• ��-�� Illif nlull�nuu� _n � I��_I II II_I11.�J�111�#11 IIIIIIII II l l/ r I x.11� �,,,!i■I - IS'lllir� Ll�l�llill�l'� =� �� . 1 1 I�r�1f �►� two - _ - _ _ NO .01,11 li\� 04 .,_ .. . AGENDA REPORT NO. 26 FOR: City Council June 12, 2008 TO: Gary Crutchfi i Manager Regular Mtg.: 6/16/08 Robert J. Albe c Works Director FROM: Michael P. McS ane, City Engineer SUBJECT: Argent Road Widening from Road 76 to Road 84 I. REFERENCE(S): 1. Vicinity Map 2. Section Maps H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION 1: 1 move to approve the three-lane design for Argent Road adjacent to Chiawana High School. MOTION 2: 1 move to approve city payment of 50% of Road 84/Argent Road traffic signal and 100% of the sidewalk on the south side of Argent Road between Roads 76 and 84. MOTION 3: I move to approve city payment of (-% of/ $ for) Argent Road roadway improvements between Roads 76 and 84. III. FISCAL IMPACT: General Fund IV. HISTORY AND FACTS BRIEF: A) In conjunction with the construction of Chiawana High School, the Pasco School District is required to complete improvements to all of Argent Road adjacent to their project. V. DISCUSSION: A) A condition for approval of Chiawana High School is the improvement of Argent Road to arterial street standards including curb, gutter and street lighting on both sides of the street. No sidewalk is required on the south side. Road 84 is to be improved to arterial street standards including curb, gutter and street lighting on the east side. Traffic signals at Road 84 and Argent Road and Road 80 and Argent Road are also required. The Pasco School District has requested the City share in the costs for improving Argent Road and the signal at Road 84 and Argent Road. The City would be responsible for one-half of the cost for curb, gutter, storm drain, paving and overlay of the roadway, street lights and a traffic signal at Argent Road. The Pasco School District is not required to build sidewalk on the south side of Argent Road, however, staff recommends that it be installed to facilitate pedestrian traffic to the new school. B) Estimated costs are: Roadway Improvements - $625,000 City $312,500 PSD $312,500 Road 84 and Argent Road Traffic Signal - $160,000 City $ 80,000 PSD $ 80,000 Sidewalk south side of Argent Road - $135,000 Total estimated City responsibility- $527,500 The Pasco School District has paid an Impact Fee of$88,920, which can be used to offset part of the City's potential share. i0(a) � � m o � Ukv EftZ ' • � O a O j I H t 9£avOH 14- 111 4TT Ek Tff W / � �o o � f 0 T OBI ONO a H �e ooi avow wav If w O w a rA z za ° M o �■ z 3 W codY -.Cr Ln W i. 4 N L, N O W W a Z M J 0 FM C) W O W NZ N W J Cl) Z O V) V) Q N X � W LLJ J Q 3 o 0 O N O � J W O co n \ 0 0 N Q LLJ W W N Z J CL H sn N X o LJLJ CL Q O W W � � Q Fn J Ur S Q O S O W rQrOZr W W Z cm Qg y LLI t �a W W a W J a-=N(=j U c� Z Q W Z p Q J W ,,, 3 z :, L W U —T in Q o z W W ZN Z o a C) J Co N W O H O N J x W N N Q W Z QQ 3 Z o4 o am C) W N Z 0 CL d' N0 W oZ_ W LL, N W nw Q W N 4 LL L� W � Z _ SC> �3c oE° Q �o $mo�cC-5 LZ W r` L� z o C. �N U�WOx W J CL W W a a °W 3 ama Lt7 5;? W J CL cn AGENDA REPORT FOR: City Council June 12, 2008 TO: Gary Crutchfi Manager FROM: Stan Strebel, A finis e d,Community Services Director Regular Mtg.: 6/16/08 SUBJECT: Grand Old Fourth Agreement I. REFERENCE(S): 1. Proposed Interlocal Agreement II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 6/16: Motion: I move to approve the Interlocal Agreement with Franklin County for co-sponsorship of the 2008 Grand Old Fourth and, further, authorize the Mayor to sign this agreement. III. FISCAL IMPACT: $17,500 IV. HISTORY AND FACTS BRIEF: A) The City and Franklin County have cooperatively sponsored the Fourth of July celebration at the stadium and TRAC since 2005. At the Council meeting of May 12, Council reviewed the concept of co-sponsoring a Rocktoberfest in addition to the traditional Fourth of July events. Staff was directed to draft an agreement limited to the traditional July activities. B) The attached agreement provides for the City and County to equally share the cost of the Grand Ole Fourth events, including pancake breakfast, parade, car show, fireworks and pre fireworks show entertainment. The maximum cost to the City is $17,500. C) Staff recommends approval of the agreement. 10{b} INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY AND THE CITY OF PASCO FOR CO-SPONSORSHIP OF 2008 GRAND OLD 4TH THIS IS AN INTERLOCAL AGREEMENT (hereinafter referred to as "Agreement"), entered into under the authority of the Interlocal Cooperation Act, Chapter 39.34 RCW, between Franklin County, Washington, a political subdivision of the State of Washington (hereinafter referred to as the "County") and City of Pasco, Washington, a municipal corporation (hereinafter referred to as the"City"). 1. PURPOSE The parties hereto agree that it is to their mutual benefit, and the benefit of the citizenry, to offer citizens and their families an opportunity to celebrate our Nation's Independence through a multi-day and multi-faceted event. Subsequently, this Agreement is to provide a contract for the County and City to jointly and equally sponsor the Grand Old 4th and related events to be held on July 3-5, 2008. Hereinafter referred to as"events"_ 2. LOCATION The events shall be located at TRAC at 6600 Burden Boulevard, Pasco, GESA Stadium at 6200 Burden Boulevard, and Memorial Park in Pasco, Washington, 99301, within Franklin County. 3. DEFINITIONS a. "City" shall mean the City of Pasco,Washington. b. "County"shall mean Franklin County, Washington_ c. "Event" shall mean Grand Old 4th Independence Day Car Show, Pancake Breakfast, Parade and Fireworks and Entertainment for Fireworks. d. "Costs" shall be any and all expenses and other monetary liabilities accrued in the management of the events. e. "Expenses" shall be any and all costs and other monetary liabilities accrued in the management of the events. f. "Management authority" shall be the right to make any and all decisions on behalf of the parties hereto related to the organizing, the functioning, and administration of the entire events, and shall further include the complete terms of Section 6. g. "Parties" shall mean the County and the City. 4. DURATION OF CONTRACT This Agreement shall commence January 1, 2008 and shall expire on the 31s' day of August, 2008, unless otherwise modified or terminated by the parties. No new or separate legal or administrative entity is created to administer the provisions of this Agreement. 5. GUIDING PRINCIPLES The County and City agree to the following guiding principles: 1. Superior communication between County and City officials, staff, and citizens is essential to the success of this Agreement_ 2. In those instances where doubt or uncertainty exist, to err on the side of increased communication and clarification. 3. Plan and implement all projects and programs with the perspective of all stakeholders in mind. 4. Service delivery decisions will be based upon cost effectiveness. \IsoWo ACSZBUEWDATA1Stan's Data147FH July Intedocal Agreement.doc 1 6. COUNTY'S RESPONSIBILITIES: As a party to this Agreement, the County shall exercise sole management authority over the entire events on behalf of all parties included in this Agreement. Management authority shall include the following: 1) the scheduling, contracting, and expenditure of the total event budgets to secure services for the event, and 2) the organizing and management of the event from their inception to their conclusions, and 3) the collection and distribution of any and all revenues obtained from the event with a detailed accounting, and 4) comply with all terms and conditions incorporated herein. 7. CITY'S RESPONSIBILITIES: As a party to this Agreement, the City shall comply with all terms and conditions incorporated herein. The City hereby grants the County all its rights, responsibilities, and authority, including management authority, to carryout this Agreement. Additionally, as an event co-sponsored by the City, the event shall be exempt from the requirements of the City's special events permit regulations; the City hereby grants the County a special use permit and all other permits or licenses (required under Pasco Municipal Code (PMC) Chapter 5.25) except for those provisions pertaining to temporary sales events by non-Pasco business license holders. 8. BUDGET The total budget for the events shall be Thirty Five Thousand ($35,000.00) dollars, The County shall provide Seventeen Thousand Five Hundred ($17,500.00) dollars towards the budget and the City shall provide Seventeen Thousand Five Hundred ($17,500.00) dollars towards the budget of the events. The County shall not be obligated to provide any additional funds beyond its $17,500.00 share towards the total budget. The City shall not be obligated to provide any additional funds beyond its $17,500.00 share towards the total budget. The total budgeted funds shall only be expended upon direct costs and expenses involved with the organizing and management of the events, provided, however, neither party shall charge for its staff time. All funds submitted shall be placed in the Franklin County 2008 Miscellaneous Grand Old 4th Budget, Number 425-000-001. The County and City shall both submit $17,500.00 to the fund by the 1st day of July 2008. Following the aforementioned dates, said funds are non-refundable, unless mutually agreed and negotiated by both parties. The total budgeted funds shall only be expended upon costs and expenses accrued involved with the organizing and management of the events. The County shall have sole authority to expend the total budgeted funds. Accrued costs and expenses shall be equally divided among the parties hereto to include fifty percent(50%) assessed to the County and fifty percent(50%) assessed to the City, not to exceed the total amount of budgeted funds referenced above. 9. REVENUES The County shall collect any and all owed revenues from the events. The County shall deposit any and all collected revenues in the Franklin County 2008 Miscellaneous Grand Old 4th Budget, Number 425-000-001. The County shall distribute fifty percent (50%) of said revenues to the City and shall maintain fifty percent(50%)of the revenues as its ownership share by August 31, 2008. 10. TERMINATION This Agreement shall only be terminated prior to the period of its duration upon the mutual negotiation and agreement of both parties. XLso1o2lACSIDBlJELLIDATAXStan's DataWTH July Interlocal Agreemenl.doc 2 11. DISPUTE RESOLUTION In the event of a dispute between the County and City regarding the delivery of services under this Agreement, the County Administrator and the City Manager or their designated representatives shall review such dispute, review options for resolution, and enter into a mutually agreeable resolution on behalf of the parties. The mutually agreeable resolution of the County Administrator and the City Manager regarding the dispute shall be final as between the parties. If any controversy or claim arising out of or relating to this Agreement or the alleged breach of such Agreement that cannot be resolved by the County Administrator and the City Manager, the dispute may be submitted to mediation and if still not resolved, shall be submitted to binding arbitration in accordance with the rules and procedures set forth in Chapter 7.04 RCW, and the judgment or award rendered by the arbitrator may be entered in any court having jurisdiction thereof. For the purposes of this section, any actions or decisions made by the County Administrator and City Manager shall be subject to ratification by their Boards. 12. INDEMNIFICATION The County shall indemnify and hold harmless the City, its agents, employees, and officers from the intentional acts of negligence, if any, arising from the acts or omissions of the County, its agents, employees, or officers as a result of this Agreement_ The City shall indemnify and hold harmless the County, its agents, employees, and officers from the intentional acts of negligence, if any, arising from the acts or omissions of the City, its agents, employees, or officers, as a result of this Agreement_ 13. NOTICES Any notice or demand from either party to the other shall be in writing and shall be deemed duly served if and when mailed by registered or certified mail, return receipt requested, to the addresses set forth below. If to the County: Franklin County 1016 North Fourth Avenue Pasco, WA 99301 Attention: County Administrator If to the City: City of Pasco 525 North Third Avenue Pasco, WA 99301 Attention: City Manager 14. BENEFICIARIES OF CONTRACT This Agreement is solely for the benefit of the County and the City and creates no rights or benefits of any type in any third parties. 15. ENTIRE AGREEMENT This Agreement contains the entire agreement between the parties hereto and shall not be modified or amended in any manner except by an instrument in writing executed by the parties hereto. \\solo2lACS\Dl3UELLIDATA\Stan's Data14TH July Interlocal Agreement.doc 3 Previous drafts of the agreement or any portion thereof and any oral negotiations shall not be utilized in any manner by either party should any dispute arise as to the intent of the Agreement. 16. RECORD KEEPING The County agrees to maintain a detailed and accurate record of the use of all budgeted funds, including all costs and expenses actually incurred which shall be made available to the City upon request. 17. SEVERABILITY In the event any provision of this Agreement shall be declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not, in any way, be affected or impaired thereby. 18. AMENDMENT The provisions of this Agreement may be amended with the mutual consent of the parties. No additions to, or alterations of the terms of this Agreement shall be valid unless made in writing and formally approved and executed by the duly authorized agents of both parties. 19. FILING OF AGREEMENT This Agreement shall be filed pursuant to the requirements of RCW 39.34.040. 20. EXECUTION IN COUNTERPARTS The County shall execute the original of this Agreement. Each other party hereto shall sign a counterpart of the original of this Agreement. The parties hereto intend that all the signed counterparts taken together with the original will be considered as one original document, and given full force and effect as if all parties had signed one document. IN WITNESS WHEREOF, Franklin County, Washington, has executed this Agreement by it's duly authorized officials as of this day of , 2008. BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, WASHINGTON Robert E. Koch , Chairman Rick Miller, Chairman Pro Tern Neva J. Corkrum, Member ATTEST: Clerk of the Board IN WITNESS WHEREOF, the City of Pasco, Washington has executed this Agreement by its duly authorized officials as of this day of 2008. llso1o21ACS%DBUELL0ATA\Stan's Data14TH July interlocal Agreement.doc 4 CITY OF PASCO FRANKLIN COUNTY, WASHINGTON Joyce Olson, Mayor ATTEST: City Clerk APPROVED AS TO FORM: Leland Kerr, City Attorney 1\solo2lACSOBUELLIDATA\Stan's DataATH July Interlocal Agreement.doc 5 AGENDA REPORT NO. 28 FOR: City Council June 12, 2008 TO: Gary Crutchfi Manager Robert J. Albe s, u is Works Director FROM: Michael McShok Engineer Regular Mtg.: 06/16/2008 SUBJECT: Award Burden Boulevard Improvements Project I. REFERENCE(S): 1. Vicinity Map 2. Bid Summary II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 06/16: MOTION: I move to award the low bid for the Burden Boulevard Improvements to A&B Asphalt, Inc. in the amount of $58,960.00 and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Arterial Street Fund IV. HISTORY AND FACTS BRIEF: A) On June 12, 2008 staff received three (3)bids for Burden Boulevard Improvements Project. The low bid was received from A&B Asphalt, Inc. in the amount of $58,960.00. The second lowest bid was received from Inland Asphalt Company in the amount of$76,770.00. The Engineer's estimate for this project is $61,580.00. V. DISCUSSION: A) Located at the intersection of road 60 and Burden Boulevard, the project consists of widening the south side from Road 60 to 500 feet to the East. This work shall include, but is not limited to, the installation of curb, gutter, 3 driveway aprons and paving necessary to widen Burden Boulevard. Staff recommends award of this contract to A&B Asphalt, Inc.. 10(c) i DID i 44� r - -:. ,a.;�jv,w�y+R i „�i. .aT>: +st�n���i.sr-t•yv w I��!� _�ry`' ..,1�_� .;;i.• _a .'�'. r 3 ..i wt 1 a .+ "'� '1 w"P I +, j rv: ,+ ^.1/ • R °a v-�._aei.5i'.:-a .tiF.' - '�-wss`s w�"" ^¢•r:`•ti� -T�It �a'a^.'� .. wl rum ri M1 46 t °rs .+F• rr 'a ra ��� �� �r = i'v 'y � � CITY OE IASCO City of Pasco Burden Boulevard Improvements Project June 12, 2008 BID SUMMARY 1. A&B Asphalt, Inc. $58,960.00 2. Inland Asphalt Company $76,770.00 3. Granite Northwest, dba Transtate Asphalt $9050.00