HomeMy WebLinkAbout2008.10.13 Council Workshop Packet AGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. October 13,2008
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance.
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
(a) Tourism Promotion Area:
1. Agenda Report from Gary Crutchfield, City Manager dated October 8, 2008.
2. 2009 TPA Budget Summary.
3. 2009 TPA Business Plan (Council packets only; copy available in City Manager's office
for public review).
(b) Utility Rate Discussion:
1. Agenda Report from Jim Chase, Finance Manager dated October 8, 2008.
(c) Consultant Presentation-Library Services Options:
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
October 7,2008.
2. Library Services Delivery Options, Report by Ruth Metz Associates (Council packets only;
copy available in Administrative and Community Services Office, the Pasco Library or on
the city's website at www.pasco-wa.gov for public review).
(d) Cemetery Sales Financing Options,Adjustments to Fees and Charges:
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
October 8, 2008,
2. Proposed Ordinance Amending Cemetery Payment Options and Fees.
3. Proposed Price List.
4. Ordinance No. 3454.
(e) Inspection Services Contract with SAFEBUILT:
1. Agenda Report from Rick White, Community & Economic Development Director dated
October 9, 2008.
2. Current Contract between the City and SAFEBUILT.
3. SAFEBUILT Termination Request.
4. Proposed Contract Addendum.
(f) Emergency Communications Consultant:
1. Agenda Report from Denis Austin, Police Chief dated October 6, 2008.
2. Contract for Professional Engineering Services,ADCOMM Engineering.
(g), Hydrant Meter Policy:
1. Agenda Report from Robert J. Alberts, Public Works Director dated October 2, 2008.
2. Draft Hydrant Meter Policy.
(h) Wagenaar Army Reserve Center:
1. Agenda Report from Jeff Adams, Associate Planner dated October 8, 2008.
2. Professional Services Agreement with Scope of Work and Fee Schedule.
3. Statutory Planning Timeline.
(i) WSDOT Local Agency Agreement-I-182 Road 100 Interchange Loop Ramp:
1. Agenda Report from Robert J. Alberts,Public Works Director dated October 9, 2008.
2. Proposed Agreement.
3. Map.
(j) Proposed Franchise for PacifiCorp:
1. Agenda Report from Robert J. Alberts,Public Works Director dated October 2, 2008.
2. Proposed Franchise Ordinance.
Workshop Meeting 2 October 13, 2008
(k) City Council Districts:
1. Agenda Report from Gary Crutchfield, City Manager dated October 10, 2008.
2. PMC Chapter 1.10"Voting Districts."
3. Table, Population and Registered Voters, by Precinct.
4. Map,Five District Option B.
5. Map, Five District Option C.
6. Map, Five District Option D.
7. Map, Three District Option A.
8. Map, Three District Option B.
9. Map, Three District Option C.
10. RCW 29A.16.040.
5. OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
6. EXECUTIVE SESSION:
(a)
(b)
(c)
7. ADJOURNMENT.
REMINDERS:
1. 12:00 p.m., Monday, October 13, Pasco Red Lion — Pasco Chamber of Commerce Luncheon
Meeting. ("The Future of Columbia Basin College and the Community"; presented by CBC
President,Richard Cummins Ph. D.)
2. 6:30 p.m., Monday, October 13, Conference Room #1 — Old Fire Pension Board Meeting.
(COUNCILMEMBER MATT WATKINS, Rep.; MAYOR JOYCE OLSON,Alt.)
3. 7:30 a.m., Tuesday, October 14, Pasco High School Cafeteria — Pasco High School DECA
Proclamation Presentation. (MAYOR FRO-TEM MATT WATKINS)
4. 10:00 a.m., Tuesday, October 14, Senior Center— Senior Citizens Advisory Committee Meeting.
(COUNCILMEMBER TOM LARSEN, Rep.,BOB HOFFMANN, Alt.)
5. 6:00 p.m., Tuesday, October 14, Richland Red Lion— AWC Regional Meeting. (MAYOR JOYCE
OLSON, COUNCILMEMBERS REBECCA FRANCIK,MATT WATKINS and AL YENNEY)
6. 5:30 p.m., Wednesday, October 15 — Benton, Franklin & Walla Walla Counties Good Roads &
Transportation Association Board Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL
YENNEY, Alt.)
7. 12:00 p.m., Thursday, October 16, 515 W. Clark Street — Pasco Downtown Development Board
Meeting. (COUNCILMEMBER AL YENNEY, Rep.; MATT WATKINS, Alt.)
8. 4:00 p.m., Thursday, October 16, 3416 Stearman Avenue - Solid Waste Advisory Committee
Meeting. (COUNCILMEMBERS MIKE GARRISON and TOM LARSEN, Reps.; MAYOR
JOYCE OLSON and COUNCILMEMBER MATT WATKINS,Alts.)
9. 11:30 a.m., Friday, October 17 — Benton-Franklin Council of Governments Board Meeting.
(COUNCILMEMBER TOM LARSEN,Rep.; BOB HOFFMANN,Alt.)
AGENDA REPORT
TO: City Council October 8, 2008
FROM: Gary Crutchfie anager Workshop Mtg.: 10/13/08
Regular Mtg.: 10/20/08
SUBJECT: Tourism Promotion Area
I. REFERENCE(S):
1. 2009 TPA Budget Summary
2. 2009 TPA Business Plan (Council packets only; copy available in City Manager's
Office for public review)
11. ACTION REQUESTED OF COUNCIL! STAFF RECOMMENDATIONS:
10/13: Presentation by Kris Watkins, President and CEO, Tri-Cities Visitor and
Convention Bureau.
10/20: MOTION: 1 move to approve the 2009 operating budget for the Tourism
Promotion Area in the total amount of$823,000.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
A) The Tourism Promotion Area (TPA) was formed in late 2004 to generate and
administer the proceeds of a "per night room assessment"on hotels/motels in the Tri-
Cities, imposed by the hotels themselves.
B) The interlocal agreement (between Pasco, Kennewick and Richland) that created the
TPA requires the annual budget from the TPA to be approved by the City Council.
V. DISCUSSION:
A) The TPA "assessment" is remitted by the hotels to the state which, in turn, distributes
it to the city in which it was collected. The city is obligated to pass the funds to the
TPA, for use in accordance with the approved budget. The 2009 budget is generally
the same as 2008, except for:
• Expenditures for "Group Markets" (conventions, associations, etc.) will decline
by about $50,000 next year, to make room for an increase in expenditures for
tourism development.
• Expenditures for "Tourism Development" will increase about $80,000 next year,
reflecting a greater emphasis on marketing activities aimed at tourism.
• Capital expenditures decline by$8,000, from $16,000 to $8,000.
• Reserves decline from $16,000 to $0.
B) Council should approve the 2009 TPA operating budget or indicate changes
necessary to gain approval.
4(a)
Budget Summary
Revenues 2008 Forecast 2008 Budget Proposed 2009 Budget
Kennewick $352,800 42% $324,000 40% $324,000 39%
Pasco $176,400 21% $170,100 21% $170,100 21%
Richland $310,000 37% $315,900 39% $315,900 38%
From 2008 Reserves 1 0 0 $13,800 2%
Total: $840,000 100% $810,000 100% $823,000 100%
Expenditures
Group Markets
City Wide Conventions $400,008 50% $347,971 43%
Associations
Corporate & Government
SMERF (social, military, education, religious,
fraternal)
Sports
Housing & Group Services $51,349 6% $57,085 70%
Tourism Development $84,543 10% $166,555 20%
Administration $148,500 18% $150,789 18%
(Administrative staff, office supplies, rent,
telephone, dues/subscriptions, postage,
equipment maintenance, etc.)
Opportunity Fund $60,000 8% $60,000 7%
Accounting/Professional $33,400 4% $331400 4%
Capital Expenditures $16,000 2% $8,000 1%
Reserves $16,200 2% $0 0%
Total: $810,000 100% $823,000 100%
- 26 -
AGENDA REPORT
FOR: City Council DATE: October 8, 2008
WORKSHOP: October 13, 2008
TO: Gary Crutchfi f Manager
Stan Strebel, A im trative& Community Services Director
n
FROM: Jim C Finance Manager
I
SUBJECT: UTILITY RATE DISCUSSION
1. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
10/13/08 DISCUSSION
III. FISCAL IMPACT:
Nothing at this time.
IV. HISTORY AND BRIEF FACTS:
HDR, Inc. performed a Comprehensive Utility Rate Study for the City. The study
focused on the water, sewer, stormwater and irrigation utilities. The preliminary results
were reviewed with council last fall and indicated a need for a stormwater rate
adjustment. Last November a decision was made by council to have the sewer utility pay
for the benefits it receives from the stormwater utility in place of a stormwater rate
increase. HDR has made changes to the report based on that decision and concluded that
no increase is needed to utility rates at this time.
The study does reveal that some rate adjustments may be needed between rate classes
(residential, commercial, hotel/motel, processors). Residential rates could be reduced and
commercial type rates could be increased based on the cost of service analysis.
Staff keeps a close eye on available cash in each utility. Based on the 2009—2014
Capital Improvement Plan recently adopted by Council, revenue bonds will need to be
sold early in 2009 to finance a new water treatment plant on the west side of town.
V. DISCUSSION:
Water conservation is an obligation of the city as part of the water rights permit. One
way to encourage less use of potable water is to use a tiered water consumption rate
structure, essentially charging a higher rate for water used over certain levels.
Staff has arranged for Tom Gould, Vice President of HDR, to address the tiered rate
structure as well as the rate class adjustments.
VI. OTHER COMMENTS:
4(b)
AGENDA REPORT
FOR: City Council October 7, 2008
TO: Gary Crutchfi 1 anager
FROM: Stan Strebel, A inistra ' Community Workshop Mtg.: 10/13/08
Services Director
SUBJECT: Consultant Presentation—Library Services Options
I. REFERENCE(S):
1. Library Services Delivery Options—report by Ruth Metz Associates
(Council packets only; copy available in Administrative and Community
Services office, the Pasco Library or on the city's website at www.pasco-
wa.gov for public review.)
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
10/13: Ruth Metz, the City's consultant, will make a presentation summarizing
alternative library service options.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) In July the Council authorized a professional services agreement with Ruth Metz
Associates for the preparation of a report comparing the different options that may
be available to the City for the provision of library services in the community.
B) Ruth Metz will attend the meeting to review the alternatives identified in the
report.
C) The current service agreement with the Mid-Columbia Library District runs
through 2010.
4(c)
Library Service Delivery Options
For the City of Pasco
Prepared by Ruth Metz
Ruth Metz Associates
for the City of Pasco, WA
October 2, 2008
TABLE OF CONTENTS
ACKNOWLEDGEMENTS
EXECUTIVE SUMMARY 1
INTRODUCTION 4
CURRENT CONDITIONS 5
Background 5
Contract Terms 5
Library Services 6
Cost Basis 10
Pasco Branch Use 12
Summary of Findings 13
OPTIONS FOR LIBRARY SERVICE DELIVERY 15
Background 15
Governance 15
Municipal libraries 16
District libraries 17
Options for Pasco 17
Contract for Library Services 18
Contract with the Mid-Columbia Library District 19
Contract with Richland 20
Contract with a Corporation 21
Annex to the Mid-Columbia Library District 22
Establish a Municipal Library 23
Establish a Regional Library 24
Conclusions 26
Recommendations 27
RESOURCES CONSULTED 29
EXHIBITS
A: Pasco Branch Services Snapshot 31
B: MCL Bookmobile Stops in Pasco 33
C: Snapshot Comparison of Options 34
FIGURES
Figure 1: Pasco Fee 2008, Assignment by MCL 10
Figure 2: Capital budget 2008: Pasco Branch 11
Figure 3: Per Capita Operating
Expenditures Comparison, 2007 12
Figure 4: Pasco Branch Possible Capital Start-up Costs 27
RMA Pasco Library Service Options ii
ACKNOWLEDGEMENTS
The consultant acknowledges and appreciates the cooperation of all
those who provided interviews and information in the course of this
study. A complete list of those consulted is included in this report.
RUTH METZ ASSOCIATES, PORTLAND (OR)
Ruth Metz Associates specializes in library strategic planning and
organizational development. Ruth Metz is the principal consultant. The
purpose of her work is to help community and library leaders as they
plan, manage, and develop their libraries. She works independently or as
warranted with proven associates to bring the right mix of talents to
complex projects. Ms. Metz is the author of Coaching In the Library: A
Management Strategy for Achieving Excellence.
RMA Pasco Library Service Options iii
EXECUTIVE SUMMARY
Study Purpose
Since 1975, the City of Pasco (Pasco) has contracted with the Mid-
Columbia Library System (MCL) to provide library services to Pasco
residents. The current contract took effect on January 1, 2002 and is
scheduled to expire on December 31, 2010. Prior to entering into
negotiations for a new contract, Pasco commissioned the consulting firm
of Ruth Metz Associates to provide an objective review and analysis of
library service delivery options for Pasco.
Current Conditions
Pasco is efficiently providing library services to residents at a below
average per capita cost of $20.76 (2008). This is about half the amount
spent by city libraries serving populations of similar size and about 40%
of the statewide average. The package of library services provided by
MCL is customarily complete. Given Pasco's significant population
growth, however, the service model of branch, bookmobile, and outreach
may not be the optimum configuration to serve Pasco in the future.
Pasco's percentage of the MCL operating revenue has grown from 12.59%
to 17.26% while the service specifications and the circulation rate have
remained virtually constant. From 2002-2008, Pasco's contract fee has
increased by an average of 13.4% per year while the MCL's operating
expenses increased on average by 6.13% annually. Pasco's contribution
in 2009 is expected to be $1,247,000, a 123% increase since 2002.
Meanwhile, the MCL revenues are not keeping pace with budgeted
expenditures. The statewide tax limit measure, Initiate 747, has resulted
in MCL's loss of $2.44 million over the past seven years. In 2008, the
MCL used over $400,000 of its beginning fund balance to offset its
budgeted expenditures. If MCL cannot find a solution to its revenue loss,
it may eventually have to reduce services in spite of Pasco's increased
contribution.
RMA Pasco Library Service Options l
Library Service Delivery Options
Pasco has several options for providing library service to its residents.
Many of these options involve a relationship with a provider or partner.
Obviously, these options require negotiations and a willingness by both
parties to participate. These options are not mutually exclusive but can
be combined to create the best option for Pasco.
1) Contract for library services with:
a) Mid-Columbia Library System
b) City of Richland for the Richland Public Library
c) LSSI, Inc.
2) Annex to the MCL.
3) Establish a municipal (city) library.
4) Establish a regional library with the Richland Public Library (RPL).
Contracting for library services with the MCL is a cost-effective option for
Pasco. The city is paying below the per capita market rate for library
services for a turn-key operation that requires little time or involvement
from Pasco. The risk in this arrangement is that if the MCL cannot
increase revenue, it is likely that eventually it will have to reduce
services.
The benefits and risks would be the same if Pasco annexed to the MCL.
The advantage of annexation over contracting for services is that Pasco
could lower its tax rate, or if necessary, make the case with voters to
reallocate library service revenues for other purposes. The chief
disadvantage, as with all other options, is that it takes city time and
energy away from other work.
The only reason to consider changing the service delivery model is if the
future needs of Pasco are unlikely to be met under the current model.
This study did not attempt to gauge resident needs. However, in the
course of the study, the issue of service to west Pasco came up
repeatedly. So did the question: What is the best service model for
Pasco?
Conclusions
Pasco is at a place of making an important decision regarding future
library services. The decision Pasco makes should be based on an
informed understanding of what library services Pasco residents need
and expect in the next several years. This information can be obtained
RMA Pasco Library Service Options 2
through the analysis of an objective community needs assessment. With
this knowledge, a service model, estimated costs, and service
specifications can be developed. This information will provide a point of
departure for discussing options with potential partners. Then Pasco will
be in a position to choose the most advantageous delivery option. The
information could also feed into the development of the MCL next
strategic plan (2011).
Recommendations
Based on the analysis of current conditions and options for library
service delivery for Pasco, the following next steps are recommended to
the City of Pasco.
1. Conduct an objective library needs assessment with Pasco
residents. A needs assessment should include an analysis of
demographic data and projections, an environmental scan of the
community, several community focus groups, and several key
informant interviews.
2. On the basis of the needs assessment findings, develop a library
service proposal including a proposed model of delivery, estimated
cost, and service specifications. Address both short-term and long-
term needs.
3. Use the library service proposal as the basis for discussion with
potential partners and providers, including the MCL, the City of
Richland, and LSSI.
4. In any future contract with a service provider, consider making the
contract of 3 year duration, with the option to renew either on a
multi-year or year-to-year basis. Include provisions for:
A. Asset assignment and distribution
B. the option to customize services
C. the option to purchase additional services
D. service specifications and output measures
With the services the MCL has provided to Pasco, the city is well on its
way to having excellent library services. Pasco has a good foundation to
build on. Fortunately, the city has taken steps to understand its options
and has given itself time to learn more and decide what it needs.
RMA Pasco Library Service Options 3
INTRODUCTION
Purpose
Pasco, with a population of 52,290, is located in the tri-cities region of
the state of Washington. Since 1975, Pasco has contracted with the MCL
to provide library services to Pasco residents.
The current contract took effect on January 1, 2002 and is scheduled to
expire on December 31, 2010. Prior to entering into negotiations for a
new contract, Pasco commissioned the library consulting firm of Ruth
Metz Associates to provide an objective review and analysis of library
service delivery options for Pasco.
Methodology
In the course of this study, consultant Ruth Metz interviewed the client,
the MCL management team, and several current and former members of
the MCL Library Board of Trustees. The consultant toured the Pasco
Branch with the MCL staff. Relevant background information was
obtained from the client, the MCL, the Washington State Library, and
additional research and interviews of key informants. A list of resources
consulted and a complete list of those consulted is included in the
"Resources Consulted" section of this report.
Organization
This report is presented in two sections. The first section, "Current
Conditions," describes and quantifies the services now being provided to
Pasco by the MCL. The second section, "Library Service Options,"
describes the options Pasco has for delivering library services. The
second section also includes the consultant's conclusions and
recommendations.
RMA Pasco Library Service Options 4
CURRENT CONDITIONS
Background
The MCL is an inter-county rural library district established in 1949
under the Revised Code of Washington (RCW, 27.12.190). The library
district is governed by a 7-member Board of Trustees appointed by the
Benton and Franklin county commissioners. The library district
encompasses unincorporated Benton and Franklin counties and their
district-annexed cities of Benton City, Connell, and Kennewick.
Kahlotus, Pasco, Prosser, and West Richland contract with the library
district governing board for library services. The library district also
includes a portion of the unincorporated Adams County which is served
through a contract with the Othello Branch library. Branches of the MCL
are located in Basin City, Benton City, Connell, Kahlotus, Kennewick
(Keewaydin and Kennewick), Eltopia (Merrill's Corner), Pasco, Prosser,
and West Richland.
Contract Terms
The contract between the Pasco and the MCL stipulates that the MCL
will "... make available to the residents of Pasco the resources and library
services generally available throughout the Library District...to the extent
deemed reasonable and equitable by the District in view of its district-
wide responsibilities." Further, the MCL entitles Pasco residents to the
same library privileges as are provided to all residents of the library
district.
The MCL operates the Pasco Branch located at 1320 W. Hopkins Street
in Pasco. It provides staffing, collections, programs, and services
comparable to those provided to the jurisdictions that are legally annexed
to the district. The MCL also provides system-wide services that benefit
Pasco residents, such as borrowing privileges at all of the MCL branches,
bookmobile services, youth services, and outreach services.
The MCL is responsible for the selection and maintenance of the Pasco
Branch collection of library books and other materials. According to the
MCL management, the size of the collection at the Pasco Branch is based
on the population served, available shelf space, use of the collection, and
the funds available in the district-wide budget for library materials.
The MCL is also responsible for the disposition of gift materials and
equipment. Likewise, it is responsible for regulating the use of the
RMA Pasco Library Service Options 5
library and collections. Responsibility for hiring, training, disciplining,
and other personnel administration rests with the MCL.
Pasco is responsible for providing and maintaining suitable library space
or, if desired, for acquiring, building, and maintaining suitable new or
renovated library space within the city. Pasco awns the building and the
property on which the library sits and by contract is responsible for
building and property function and upkeep. Pasco also is responsible for
utility costs. Pasco and the MCL agree to jointly manage the space: the
MLC has authority over the use of the space and Pasco has authority
over the physical plant.
Pasco annually pays the MCL the equivalent property tax rate that the
district jurisdictions pay, or approximately $0.43/$1,000 of assessed
valuation. For Pasco, this amounts to $1,085,625 in 2008. The contract
fee entitles Pasco to at least 45 hours per week of regularly scheduled
service at the Pasco Branch.
The total Pasco general fund budget for library services in 2008 is
$1,161,010. This includes $1.1 million in the general fund for the library
contract with the MCL. It also includes $51,010 for building-related
expenses including janitorial, telephone, water and sewer, garbage,
electricity, natural gas, repair and maintenance, grounds maintenance,
and miscellaneous professional services. Additionally, Pasco makes the
principal and interest payments, beginning in 2000, associated with a
library building remodel project that was undertaken by Pasco in 1998
and completed in 1999.
The contract amount paid to the MCL is not related directly to service
costs. Instead, it is the yield of the tax rate levied on the assessed
valuation of Pasco properties within the MCL boundaries.
Library Services
The MCL operates the Pasco Branch and also provides system-wide
services that benefit the residents of Pasco. The following description of
services begins with those that apply specifically to the operation of the
Pasco Branch and then describes system-wide services. Exhibit A is a
summary table of services received.
Facility
The Pasco Branch was built in 1961 and remodeled in 1999. Its square
footage is 15,046. It includes a designated children's area, a teen area,
an "International Area", and a community meeting room. The facility is
owned and maintained by Pasco including upkeep of the grounds.
RMA Pasco Library Service Options 6
Hours of Service
The Pasco Branch is open to the public seven days per week and a total
of 68 hours per week. The branch is closed approximately two weeks per
year in observance of major holidays.
Staffing
Staff consists of 10.725 full time equivalent (FTE) clerical,
paraprofessional, and professional staff. The staff includes a full-time
Branch Manager with a master's degree in library science, a full-time
Customer Service Supervisor, 3 full-time and part-time Customer Service
Specialists for a combined total of 2.5 FTE, a full-time Librarian, three
full-time Customer Service Assistants, and six part-time Pages working a
combined total of 90 hours per week. In total, the Pasco Branch has 15
employees working 429 hours per week. In addition, a full-time
children's librarian is located at the Pasco Branch where she provides
direct service at the Branch and in the region.
Branch services include helping register over 300 new card holders per
month, on average, and helping about 41,000 visitors on average per
month to use the library, manage their accounts in person, locate and
use items in the collection and the MCL, and use the computers and the
resources online.'
Programs
The Pasco Branch hosts many programs annually with participation in
the thousands. Generally, the programs are designed for the
community's youth and families, including pre-schoolers, toddlers,
children and teens. Programs for adult family members are often,
though not exclusively, planned to coincide with youth programs to make
family attendance convenient.
The Pasco Branch Collection
The collection of library materials located at the Pasco Branch total
61,443. These include fiction and non-fiction books, CDs, DVDs,
paperbacks, newspapers and periodicals, and other print and
audiovisual materials. The Pasco Branch has 57 newspaper and
periodical subscriptions geared to adults and 14 for children. Nearly 10%
of the Pasco Branch collection is in Spanish. In fact, the Pasco Branch
1 Averages are the consultant's and are based on year-to-date statistics supplied by the MCL.
RMA Pasco Library Service Options 7
houses 30% of the MCL's Spanish collection. The Pasco Branch collection
also includes materials in Japanese, Korean, Russian, and Vietnamese.
Public Computers
The Pasco Branch has 17 public computers; 18 additional computers
have been budgeted in 2008. The inventory of computers, monitors,
printers, scanners, and peripherals numbers 113 items. The technology
inventory includes 2 self-check out machines and a digital camera. Staff
at the Pasco Branch helps the public use and trouble-shoot these items
while the MCL staff provides repair and replacement as needed.
The MCL system-wide services include the Pasco Branch webpage and
on-line services, the collection of library materials, bookmobile, youth
services, outreach services, and administrative services.
Pasco Library Webpage and On-line Services
The Pasco Branch web page is a 24/7 local portal to information about
the Pasco Branch and the MCL. It includes hours, locations, and
program schedules. From the Pasco Branch web page, Pasco residents
can search the MCL online catalog, find links to the web that have been
vetted by library staff, or chat with a librarian in real time about a
question or homework any time day or night, any day of the week. The
MCL card holders can also manage their library accounts and search 12
online proprietary databases to which the MCL subscribes.
The MCL Collection
Pasco residents may borrow over 350,000 additional items that are
located throughout the branches of the MCL. The MCL's library materials
database is online and searchable from the branches, home, school, and
office. Residents may borrow directly from any branch of the MCL or
request materials online or by telephone. The MCL vehicles deliver the
requested item to the resident's branch of choice. The Pasco Branch has
6-day delivery service. Typically, residents may expect to pick up a
requested item in 1-2 days, holidays excepted.
Bookmobile Service
The MCL provides bookmobile service to 18 locations in Pasco. Two
bookmobiles service the MCL service area Monday through Thursday,
except for 10 days that are either legal holidays or staff training days.
Summer 2008 through spring 2009 the MCL schedules show 431 of a
total 846 bookmobile stops (51%) in Pasco. The duration of any given
stop varies from 15 to 135 minutes and averages about 60 minutes per
RMA Pasco Library Service Options 8
location. Exhibit B shows the Pasco sites visited by the bookmobile and
the frequency of visits.
Youth Services
Youth Services are those that are geared toward infants through pre-
schoolers and their families, school.-aged children, and teens. Many of
the MCL programs are developed for these age-groups. Space in the
Pasco Branch and in the MCL as a whole is designated for children and
teens. Staff select materials, develop programs and publicity, and
conduct outreach. Aligning resource allocation with a new strategic plan,
the MCL administration has recently assigned system youth services
staff to local branches, including the Pasco Branch.
Outreach Services
The MCL's Outreach and Homebound service takes library materials to
individuals, retirement homes, nursing homes, and private care homes
for the elderly and incarcerated youth. Volunteers who are recruited,
trained, and supervised by the MCL select library materials for library
card holders who are unable to get to a library facility because of health
or transportation obstacles.
Administrative Services
Administrative services include the corporate functions of the MCL. As a
library district, the MCL is a separate legal entity and its board has
fiduciary responsibility, policy-making authority for the MCL, and rule
making authority for library services and personnel. Management
provides administrative support to the 7-member governing board while
also managing 11 branches in ten cities.
A strategic plan for 2008-2010 emphasizes library services to benefit
preschoolers, school-aged children, and teens in their learning and
school success. It promises to enable adults to enjoy new and popular
materials in various formats and languages, and to support adults and
teens in participating knowledgably in the democratic process.
The Strategic Plan has specific objectives to measure the MCL's success
in achieving its goals. Each branch of the MCL has a set of objectives
for each goal. The Pasco Branch staff and management track these
measures on a quarterly basis. The MCL's 2008 budget document shows
a realignment of budget allocations to the goals of the strategic plan.
RMA Pasco Library Service Options 9
Cost Basis
Pasco pays the MCL on Pasco's assessed valuation at the same tax rate
that the MCL's jurisdictions pay. 2 The tax rate varies from year to year
as the result of statutory tax limits. The tax rate in 2008 is
$0.43719/$1,000 of assessed valuation. This generates $1,085,625 from
Pasco and represents 18.5% of the MCL's total 2008 operating revenue.
Accounting for Pasco's 2008 Fee
In 2008 the Pasco contribution will pay for 17.26% of the MCL's 2008
operating budget of$6,289,098. Figure 1 shows a summary of the MCL's
assignment of the Pasco fee. This manner of accounting for the Pasco fee
leaves a net imbalance of$36,384 that presumably the MCL underwrites.
Figure 1: Pasco Fee 2008, Assign ent by MCL
Pasco revenue contribution $ 1,085,625 The MCL Assignment
Direct Operating Costs for Pasco $ 405,700
Branch
Contribution to Library Materials $ 162,844
Bookmobile $ 63,721
Estimated indirect cost $ 489,944
Total expenses $ 1,122,209
Net imbalance
Pasco fee - the MCL assignment) $ -36,384
Direct costs include the salaries and benefits for Pasco staff, office
supplies, phone and data lines, travel for meetings, repairs and
maintenance for copier/cash register and similar equipment, Pasco staff
training (travel and registration), facility supplies, Moon Security
monitoring, and some capital equipment. Some capital equipment is
included in the Pasco Branch direct cost total such as tables and
security cameras.
The estimated indirect cost category in Figure 2 is calculated on a three-
, part formula. The formula calculates the percentage of open hours, staff
FTE, and circulation that Pasco Branch represents in the MCL as a
z According to MCL staff, this basis of payment for contracting cities took effect for
Pasco with the current contract. Prior to that, MCL based fees on data obtained from
the Easton survey. The methodology was based on a study done by Greg Easton and
was in effect prior to 1988. Reportedly, when the MCL and the cities began new contract
negotiations in 1990, the cities wanted to change from the survey method to the tax-
based method currently in use. The tax-based method was adopted in the next round.
RMA Pasco Library Service Options 10
whole. In terms used in the MCL's 2008 budget, the indirect costs
include administrative support, information technology, print graphics,
the organization of materials, and youth and outreach services. In 2008,
this amounts to an estimated $489,944, according to MCL officials.
The functions associated with these cost centers include the selection,
acquisition, cataloging, and shelf-preparation of library materials, the
operation of the integrated library system, and the operation of the
delivery system which transports library materials, equipment, and mail
system-wide. It includes the maintenance of public and staff computers
system-wide and the staff and materials that provide youth services and
services to the homebound system-wide.
The MCL has ear-marked in 2008 an additional estimated $201,151 (see
Figure 2) in capital outlay that will be expensed over the next couple of
years. Capital outlay funds are those that have been set aside for major,
periodic equipment and building upgrades. The capital improvement
fund has been built with this purpose in mind using the MCL revenues,
including those from Pasco. Planned purchases include 18 new public
computers for the Pasco Branch, a new phone system, additional express
check out machines, and pending building upgrades. Pasco has also
budgeted $150,000 for new windows and wiring at the Pasco Branch.
Figure 2: Capital budget 2008, Pasco Branch
MCL Amount Notes
-computers $ 21,600 18 additional
hones stern $ 20,501
express check machines $ 25,000 4 additional
MCL's contribution to Pasco remodel $ 135,050 plus $150,000 from
Pasco
Total $ 202,151
Cost Comparison
Figure 3 compares the 2007 per capita operating expenditures of library
districts serving populations of 100,001 - 250,000, Washington cities
with populations comparable to Pasco, and the statewide per capita
average. 2007 data are from reports filed by libraries with the
Washington State Library.
RMA Pasco Library Service Options 11
Figure 3: Per Capita Operating Expenditures Comparison, 2007
Library Districts Expenditures Population
(serving 100,001-250,0001
Kitsap Regional Library $40.69 244,800
Mid-Columbia Library District (MCL) $27.77 198,280
North Central Regional Library $29.55 235,310
Spokane County Library District $34.05 241,445
Whatcom County Library System $49.801 113,880
Yakima Valley Regional Library $23.61 225,050
WA City Libraries in Pasco
population category
Longview Public Library $39.09 50,515
Richland Public Library $36.89 45,070
Pasco contract (2007) $17.92 49,927
Pasco contract (2008) $20.76 52,290
Statewide average $49.25 6,360,694
Pasco Branch Use
In 2006 and 2007 the Pasco Branch circulation represented on average
about 17% of the MCL's total annual circulation. Pasco Branch library
cardholders number 17,8763. About 81% of Pasco card holders are
adults while about 19% are juveniles (3-12 years of age). The percentage
of Pasco residents with a library card (38%) is slightly below that of the
MCL as a whole (40%).
Use of the Pasco Branch has risen steadily. Circulation in 2007 was
153% of 2002 circulation. The MCL staff say that the collection has been
purposefully culled and replenished for greater appeal and to make
better use of the library space for customer activities. Since 2002, the
collection in the Pasco Branch has been gradually reduced from over
92,000 to a current 61,443. Staff believes that targeted weeding of the
collection, focused selection, and outreach efforts are resulting in higher
circulation. This may also be the result of Pasco's population growth.
Library visits have increased significantly: 27% in 2008 compared year-
to-date with 2007. Program attendance has increased dramatically:
181% in 2008 compared year-to-date with 2007. In 2008, for instance,
'From MCL Staff-Ciro Statistics spreadsheet
RMA Pasco Library Service Options 12
the Pasco Branch will host an estimated 267 programs which will be
attended by an estimated 18,500 residents.4
The Pasco Branch staff will handle an estimated 9,715 reference
questions in 2008 compared to 14,208 in 2007. This is a 32% decrease
and reflects a similar trend among the larger branches of the MCL.
Across the nation, the availability of computers for the public has
resulted in fewer but often more complex questions requiring more time
per question by library staff.
Computer sessions at the Pasco Branch have risen steadily to 62,537 in
2007 and are projected to rise another 9% in 2008 to 68,241.
Summary of Findings
1. Through the MCL, Pasco is providing library services to residents
at below average per capita costs. The 2008 per capita cost for
Pasco's contract with the MCL is $20.76. Pasco budgeted the
equivalent of another $2.78 per capita for operating the building
and financing the previous renovation. By comparison, the average
public library operating expenditure in the state was $49.255 per
capita in 2007.
2. The package of library services provided by MCL is customarily
complete. However, the service model of branch, bookmobile, and
outreach may not be the optimum configuration in the future to
serve a population that has grown by over 55% since 2000, much
of it in west Pasco.
3. The MCL seems comparatively efficient. By comparison with other
rural library districts in its population category, MCL has the
second lowest per capita expenditures: $27.77 in 2007. Per capita
expenditures ranged in 2007 from a low of $23.61 at the Yakima
Valley Regional Library to a high of$49.80 at the Whatcom County
Library System.
4. Pasco's assessed valuation has increased dramatically during the
term of its current contract with MCL. As a result, Pasco's
percentage of the MCL operating revenue has grown from about
12.59% to about 17.26%.
4 Estimates are the consultant's and are based on year-to-date statistics supplied by the Library District.
2Selected 2007 library statistics, provided in advance of publication,courtesy Evelyn Lindberg,State Data
Coordinator in the Library Development Division of the Washington State Library
RMA Pasco Library Service Options 13
5. The Pasco contract payment has increased by a higher percentage
than the MCL's operating expenses over the term of the current
contract. The annual payment has increased from $559,301 in
2002 to $1,085,625 in 2008. This is a 94% increase, or about
13.4% per year. The MCL's expenses have increased by 43%, 2002-
2008, an average of 6.13% annually. Pasco's contribution in 2009
is expected to be $1,247,000, a 123% increase from 2002 through
2009.
6. A comparison from 2002 to 2007 of certain cost-related
specifications including staff FTE, library material holdings, and
computers show no significant increases between 2002 and 2007.
The exception is open hours which increased beginning in 2003
from 64 to 68 hours per week6. Staff FTE and the number of
public computers fluctuated over the term of the contract but have
been generally reinstated to typical norms.
7. The MCL has been shorted $2,438,766 tax revenue over the past
seven years due to measure 747.7. State Initiative 747 limited the
dollar increase on property tax revenue to no more than 1% per
year. Although the authorized property tax rate for the MCL is
$0.50/$1000 of assessed valuation, the effective property tax rate
has been reduced to $0.437194 (2008). Assessed valuation has
steadily increased throughout the district territory and in contract
cities like Pasco. Property tax revenue has also increased, but not
as it would have prior to Initiative 747.
8. Nevertheless, MCL revenues are not keeping pace with budgeted
expenditures. In 2008, the MCL budgeted over $400,000 of its
beginning fund balance to offset its budgeted expenditures.
Executive Director, Danielle Krol, notes the revenue erosion in her
2008 budget introduction. In an interview, Ms. Kroll said that MCL
will need to consider asking the voters for a levy lid lift in the next
couple of years.
9. Regardless of the provider, Pasco may be ready for a new paradigm
or model of library service. Pasco's land area has increased
somewhat through annexation but its population has grown
dramatically by 55.70% since 2000. Much of the growth is in west
Pasco. Meanwhile, the city is experimenting with a new city
6 2000-2007 selected statistics compilation for the MCL prepared by Evelyn Lindberg,
State Data Coordinator, Washington State Library. Includes direct service measures
such as hours, staffing, collection size, and computers.
7 2008 Budget,Mid-Columbia Library, p,vii
RMA Pasco Library Service Options 14
service, CyberStop8, in east Pasco that should be of interest to
MCL and to Pasco in planning for future library services. Nearly
everyone interviewed in the course of this study said that west
Pasco needs more conveniently located library service. There is a
great deal of speculation but currently no data to support or refute
it.
In conclusion, while Pasco is getting library services from the MCL at a
very reasonable per capita cost, the service plan and model may not be
adequate to serve Pasco in the near future. Pasco and MCL have an
opportunity to jointly redefine future "library services" for Pasco.
Together, they could fashion a service delivery model with a goal of
increasing per capita use of library services by Pasco residents.
Before making a decision on how to provide the services, it is essential to
determine what services Pasco needs. A community needs assessment
could establish whether or not the current Pasco Branch is adequate to
serve the needs of all Pasco residents, inform the process of redefining
"library services" for Pasco, and inform the next MCL strategic plan as
well. The current strategic plan is in place through 2010. Now is the
prime time for the city and the MCL to collect the data needed for
planning services for the next contract and the next strategic plan.
OPTIONS FOR LIBRARY SERVICE
Background
Washington has two main categories of tax-supported public libraries:
the municipal library and the library district. The state has 41 municipal
libraries and 24 library districts. These types of libraries and the
manner of establishing them are set forth in the Revised Code of
Washington (RCW): Chapter 35 for municipal libraries and Chapter 27
for library districts.
Governance
As a rule, municipal libraries and library districts are governed by a
board of trustees whose authority and responsibilities are detailed in the
8 CyberStop is a free computer-Internet center in the Kurtzman Building. CyberStop has
15 computers which have been available approximately 20 hours per week for the past
year. A recent city report concluded that the beta test of CyberStop has proven
effective in drawing residents, especially youth between the ages of 7-15 years of age.
The service will continue for at least another year. The main use of CyberStop is social
networking.
RMA Pasco Library Service Options 15
RCW. The exception to the rule is in the case of Optional Municipal
Code (Code) cities. In Code cities, the library is established as a
department of the city reporting to the city manager or designee. Like the
majority of cities in Washington, Pasco is a code city.
Municipal Libraries
The municipal category has two types, depending upon whether the city
or town operates under Title 35 or Title 35A of the RCW. Cities and
towns are classified according to their populations at the time they are
incorporated or reorganized. First and second class cities had
populations over 10,000 and 1,500 respectively while towns had
populations less than 1,500.
Since 1967, cities and towns could alternatively adopt the Optional
Municipal Code under Title 35A. This alternative classification provides
municipalities that adopt the Code with broad statutory home rule
authority regardless of population. The powers and duties of Code cities
are set forth in Title 35A of the RCW.
The law for code cities vests authority for governing the library with the
city. With other municipalities, the law vests such authority in the
library board. The effect of this difference is that libraries in Code cities
are established as a city department and report to the city. The city
library board may have advisory authority only, or partial administrative
authority depending upon the decision of the city legislators.
Code cities, therefore, need to clarify the extent of authority of a code city
library board. Sometimes the scope of authority is codified in an
ordinance. The substance of the clarification or codification should
explicitly address the extent of authority and expectation of roles. For
example:
o Appointment and removal of library director.
o Appointment and removal of library trustees.
o Annual performance review of library director.
o Development and approval of library budget based on the library's
long-range plan.
o Fiscal review and approving fund expenditures.
o Establishing policies for library use and service, including
circulation, customer service, selection of library materials, and
Internet use policies.
RMA Pasco Library Service Options 16
District Libraries
Most library districts serve the unincorporated rural areas of two or more
counties, a single county, a partial county, or an island. The most
prominent types of library districts are rural county library districts and
intercounty rural library districts.
Library districts are supported primarily by a property tax levy but may
collect other revenues as well. These types of library districts have the
authority to levy a non-voter approved property tax of up to
$0.50/$1,000 of assessed valuation9, subject to the 101% levy lid.lo
The RCW 27.12.080 allows for the establishment of another type of
district, the regional .library. This allows two local government entities,
through a contractual agreement, to form a regional library. Unlike other
types of library districts, establishment of a regional library does not also
create a new dedicated property tax funding source.
It is questionable whether or not a regional library must have a library
board. Unlike other types of library districts, the regional library district
is not an independent authority nor does it have statutory powers. 11
However, as a practical matter, a library board seems advisable play an
advisory role. The precedent exists in the case of the former Yakima
Regional Library for a library board. 12 There are presently no active, true
regional libraries though some other types of library districts may have
"regional' in the name.13
Options for Pasco
Pasco has several options for providing library service to its residents.
1) Contract for library services with:
a) The Mid-Columbia Library
b) The City of Richland for the Richland Public Library
c) A corporation, such as LSSI, Inc.
2) Annex to the MCL, an inter-county regional library district.
3) Establish a municipal library.
9 RCW 27.12.050&27.12.150
10 Refers to the tax limit resulting from Initiative 747 whereby a taxing authority is
limited to collecting no more than 1%increase in the dollar value of the highest amount
collected in the preceding three years.
11 Steve Lundin, "The Closest Governments to the People" (WSU 2007), Chapter 20, p.
449
12 Yakima had contracted for services in the Yakima Regional Library District but annexed to the district in
2007.
13 Rand Simmons,Program Manager for Library Development,Washington State Library
RMA Pasco Library Service Options 17
4) Establish a regional library with an established library such as the
City of Richland.
Contract for Library Services14
Just as the City of Pasco now contracts for library services with the MCL
it could do so again. It could also choose to contract with a different
provider. Other providers fall into two categories: public, such as another
library entity, or corporate. Practically, contract options for Pasco
include THE MCL, RPL, or a corporate vendor such as LSSI, Inc.
Contracting for services with any of these potential providers is an
opportunity for Pasco to customize services to its needs. Pasco need not
forfeit a strategic approach to providing library services because it is
under contract. The library plan of service for Pasco should be in step
with Pasco's vision and goals for its residents as well as its financial
capability. The contractual agreement can be crafted accordingly.
The main advantage of the contractual option is that it allows Pasco to
provide library services to its residents without having to directly
establish a city library with its associated responsibilities and costs. In
addition, as a contract city, Pasco has the option to choose a different
provider, to define and negotiate the specifications, the term, and the
cost of the contract, and to require an accounting of services provided. If
Pasco is not satisfied with the services being provided by the MCL or
other provider under contract, it can resort to mediation or chose
another provider.
The chief disadvantage of a contract, except if it is with the MCL, is the
capital cost factor for re-establishing the library collection, furnishings,
equipment, and systems. Unless Pasco can negotiate with the MCL for
retention of these essentials, it would need to provide start-up capital for
the Pasco Branch.
Before entering into a new agreement with any provider, the city should
systematically determine the service satisfaction and needs of Pasco
residents. A systematic assessment will provide the information to plan
appropriately for the next term of the contract. This will enable city
14 'Instead of establishing or maintaining an independent library, the legislative body of
any governmental unit authorized to maintain a library shall have power to contract to
receive library service from an existing library, the board of trustees of which shall have
reciprocal power to contract to render the service with the consent of the legislative body
of its governmental unit...."(RCW 27.12.180, Contracts for library service.)
RMA Pasco Library Service Options 18
officials to define the service specifications, including the term, of the
next contract.
Contract with the Mid-Columbia Library District
Pasco could enter into a new contract with the MCL based on the current
model of service. Alternatively, Pasco could propose to the MCL
negotiating a contract based on a customized package of library services
to meet Pasco goals and financial capability over the term of the contract.
The customized package of services would be based on a Pasco library
needs assessment. The package might also tie the Pasco contribution to
the service package, whether or not the basis for payment remains
assessed valuation.
In either scenario, there are many advantages for Pasco remaining with
the MCL. The infrastructure for the Pasco Branch is in place: there is a
collection, an online integrated catalog, shelving, furnishings, and
computers. The client and contractor have systems in place that have
been developed over time; for instance, a working knowledge of the
building and staff at the library and city.
The MCL now handles all of the governing, fiduciary, and administrative
responsibilities. Pasco can be free of these and all management functions
for the library as well as the legal liability for the library. The City
Council and city staff can focus on other city services and functions.
It is no small matter that Pasco residents may borrow from the entire the
MCL's circulating collection. The MCL interlibrary delivery system moves
thousands of items around the region, saving local handling and postage
costs. Losing these features would be a set-back for Pasco residents.
Outreach services including the bookmobile, youth and homebound
services, and back-of-house functions such as selection, purchasing,
cataloging, and making library materials shelf-ready are centralized in
the MCL. As a result, these functions do not have to be replicated or cost
duplicated at the Pasco Branch and the other branches of the system. In
general, the centralization of standard library functions is more cost-
effective.
For Pasco, the major disadvantage of discontinuing its contractual
relationship with the MCL is the start-up effort to engage an alternative
contractor, or to start up a city or regional library.
The per capita cost of service to Pasco under the current contract model
is very reasonable. However, the MCL cost of service is outpacing its
revenues. This does not bode well for the sustainability of current
RMA Pasco Library Service Options 19
service levels, much less for addressing service needs of a growing
population.
Contract with Richland
Because of its proximity and its potential for providing a package of
services generally comparable to that received from the MCL, the
Richland Public Library is the most likely alternative public library
provider in the region. Under contract, the respective cities could
establish service specifications and develop a cost basis for services.
It remains to be seen whether or not Richland would consider a
contractual relationship, what services at what cost could be negotiated
between Pasco and Richland, and whether or not services could be added
that would better serve Pasco residents. However, the RPL Director has
said that the City of Richland is willing to talk with Pasco about this
option.
The chief advantage of contracting with the Richland Public Library is
that Pasco would have an opportunity to create a new paradigm for
future library services to Pasco residents. In addition, the Richland
Public Library is a well-supported, well-regarded institution that is likely
here to stay. It provides to its residents the types of services provided for
Pasco residents. It has administrative and staff expertise to put library
services in place in Pasco. It is proximate to west Pasco where residents
may be underserved.
While the services RPL could provide are comprehensive, the 414,000
item collection of the MCL is twice the size of the combined collections of
that of Pasco and RPL. Further, there is no borrowing reciprocity
between RPL and the MCL. Residents of both jurisdictions pay $30 per
year for the privilege of using the other's library. Therefore, unless Pasco
residents pay a non-resident fee for the MCL borrowing privileges or
Pasco pays it for them, their access to library materials would be more
limited, at least initially, with this option.
It may cost Pasco more for a contract with RPL. RPL costs more to
operate; about $40 per capita to Pasco's $20. RPL per capita does not
include a charge for Richland support services such as human
resources, finance, administration, and so forth. These services are
included in the package that Mid-Columbia THE MCL delivers to Pasco
under contract.
In addition to potentially higher operating costs, Pasco would be faced
with capital costs with this option. Unless Pasco could negotiate
transferring assets from the MCL to the Pasco Branch, Pasco would have
RMA Pasco Library Service Options 20
to replace library materials, furnishings, equipment, and so forth,
estimated for the purposes of this study at roughly $1.6 million.
Contract with a Corporation
LSSI, Inc. is the only known corporate provider offering a total public
library operations package. Typically, LSSI, Inc. is an option of last
resort for jurisdictions whose libraries have become financially
compromised. That is, funding has been suddenly jeopardized or it has
been chronically weak. The local jurisdictions are either unable to obtain
local tax payer support for the library or are unwilling or unable to make
the case for library tax support.
LSSI, Inc. maintains that not all of its clients are salvage operations.
Company spokesman, Ron Dubberly, asserts that LSSI, Inc. is able to
operate more efficiently because of its highly motivated staff and by
streamlining processes. He says that staff compensation packages
(proprietary information) are locally market-driven. While there is no
state retirement, the corporation provides a 401K plan. Many library
practitioners believe that sub-standard compensation accounts in large
part for LSSI's efficiencies and is a key factor in enabling the company to
be profitable.
Other corporate providers like Library Associates Companies offer partial
services such as recruitment and placement of personnel and project
management in the information industries. If Pasco established a
municipal library, for example, it could consider outsourcing the
personnel functions to either of these companies.
The chief advantage of this option is the potential for customizing a
service model for Pasco. The disadvantages of this option are similar to
those of the RPL option: the loss of the MCL collection and delivery
system and possible start-up costs for the Pasco Branch.
On request, Mr. Dubberly provided the following table of per capita costs
for LSSI client libraries of somewhat similar size. The table includes some
library metrics for comparative purposes. Mr. Dubberly cautions that
the per capita costs column are based on the contract amount and may
not include total support costs of parent jurisdictions.
As with any prospective provider, the City of Pasco should first
systematically assess the library needs of the community and develop
clear service and performance expectations prior to choosing a
contractor. In considering LSSI or other corporate provider, thoroughly
checking out the company's track record with a cross-section of its
RMA Pasco Library Service Options 21
clients and former clients should be a precursor to exploratory talks with
the corporation.
Annex to the Mid-Columbia Library Districtis
Pasco may annex to the MCL, an intercounty rural library district.16
Annexation of Pasco to the MCL would be initiated by the adoption of a
Pasco City Council ordinance. The MCL Board of Trustees would need to
issue a resolution consenting to the annexation.
The ordinance would state Pasco's intent to join the MCL and that the
public interest will be served by so doing. The city officials would notify
the Washington State Librarian of the proposed ordinance and with her
concurrence, transmit notification thereof to the Franklin County
Commissioners. The County Commissioners would by resolution call a
special election to be held in Pasco at the next special election date
according to RCW 29A.04.321 and cause notice of that election to be
given as provided for in RCW 29A.53.351. Voter approval of annexation
to the MCL would be by a simple majority vote. Pasco could also
withdraw from the district by a majority vote of its people at a general
election after three or more years. It could also be again re-instated.
The chief advantage of the annexation option for Pasco is that its local
tax rate could be reduced in direct proportion to its tax-based payment to
MCL. Alternatively, the revenue previously used for the library contract
could be reallocated for other purposes.
Pasco may pass the related liabilities of a facility upgrade or library
property or building acquisition to the MCL, provided this is stated in the
ordinance for annexation and in the resolution of the district consenting
to annexation. However any current outstanding voted bonded
indebtedness for acquiring, operating, or maintaining the library, would
not be assumed by the annexing district unless approved by three-fifths
is " Any city or town with a population of one hundred thousand or less at the time of annexation may
become a part of any rural county library district, island library district,or intercounty rural library district
lying contiguous thereto by annexation in the following manner: The inclusion of such a city or town may
be initiated by the adoption of an ordinance by the legislative authority thereof stating its intent to join the
library district and finding that the public interest will be served thereby. Before adoption, the ordinance
shall be submitted to the library board of the city or town for its review and recommendations. If no library
board exists in the city or town,the state librarian shall be notified of the proposed ordinance. If the board
of trustees of the library district concurs in the annexation,notification thereof shall be transmitted to the
legislative authority or authorities of the counties in which the city or town is situated."RCW 27.12.360
16 RCW 21.12.360
RMA Pasco Library Service Options 22
of the voters of the library district at a general or special election called
by the library district board of trustees.
The chief disadvantage with annexation is that Pasco has little
accountability leverage or control over the service model. As an annexed
city, Pasco's only recourse is through the Library Board of Trustees.
A concern about annexation is the affect the MCL's revenue to
expenditures trend will have on services for Pasco. While revenues are
increasing, expenditures are outpacing those increases. A future attempt
to obtain a levy lid lift may help resolve this problem for the MCL.
However, it would mean higher taxes increase for Pasco property owners
and a corresponding increased per capita cost for library services.
The payment model under the annexation option would be virtually the
same as it is under the current contract model. That is, Pasco property
owners would pay the MCL its levy rate, adjusted for the 101% rule. The
adjusted rate is currently about $0.43/$1,000 of assessed valuation.
Establish a Municipal Libraryl7
Pasco could establish a city (municipal.) library by its own initiative. As a
Code city, the City Council would establish the library as a city
department and appoint a library board with specific responsibilities. The
City Council would be legally responsible for the library and the
establishment and enforcement of rules and regulations in keeping with
federal and state laws.
Pasco could also contract for services to support and/or enhance the
library. For instance, it could outsource its selection, acquisitions,
cataloging, and processing to another library, including RPL and/or the
MCL, LSSI, or library vendor.
The chief advantage of the city library option is the potential for
customizing services to the needs of Pasco residents. Pasco can align its
strategic goals and those of the library. It can allocate resources
17 Every code city may exercise the powers relating to the acquisition, development,
improvement and operation of libraries and museums and the preservation of historical
materials to the same extent authorized by general law for cities of any class, including,
but not limited to, the authority for city libraries granted by RCW 35.22.280..,to
participate in the establishment of regional libraries, and to contract for library service
for public libraries with county, intercounty, and rural library districts, and for regional
libraries as authorized by chapter 27,12 RCW... "(RCW 35A.27.010)
RMA Pasco Library Service Options 23
accordingly and control the allocation as needed. Often a city library
generates a great deal of civic allegiance and philanthropic support.
The main disadvantage of this option is the level of effort required of the
city. In addition, city libraries typically cost more per capita to operate.
Salaries are often higher in cities than in library districts. Pasco would
have overhead costs related to the new city department. A stand-alone
library needs space to order, receive, catalog, and process library
materials. Contracting out these services is an option.
Start up costs could include having to purchase an integrated library
system (ILS) and perhaps other systems such as computer management
software. The ILS manages acquisitions, cataloging, customer accounts,
and circulation of library materials. Equipment includes public and staff
computers and peripheral equipment and software. It also includes
other library and business equipment: self-check machines, audio visual
equipment, and photocopy machine.
Generally, the annual per capita cost of operating a city library is higher
than that of a library district. Many factors influence this but in theory,
costs can be reduced in larger units of service where support is
centralized, such as in a library district.
To illustrate, per capita expenditures for the Longview Public Library and
the Richland Public Library, both serving populations relatively
comparable in size to Pasco, were $39 and $37 respectively.l$according
to the 2007 annual statistics compiled by the Washington State Library.
In 2008 RPL is budgeted to spend $1,874,002 or $41.58 per capita;
actual expenditures may be less. By comparison, current Pasco
expenditures for 2008 are $1,085.625 or $20.76. For comparable
services, Pasco might expect to spend about double what it is spending
now to operate a Pasco municipal library.
Establish a Regional Library19
Pasco and Richland could establish a regional library to serve the
residents of their combined jurisdictions. The regional library could be
created by contract and the expenses apportioned by agreement of the
18 2007 Selected Public Library Statistics.
19 "Two or more counties, or other governmental units, by action of their legislative bodies,
may join in establishing and maintaining a regional library under the terms of a contract
to which all will agree...Y(RCW 27.12.080)
RMA Pasco Library Service Options 24
parties. The contract would designate which of the jurisdictions would
have custody of the funds of the regional library. The other jurisdiction
would transfer quarterly monies collected for free public library
purposes. The regional library would not be limited to Pasco and
Richland should they wish to accept another governmental unit. Any
party to the contract may decide to withdraw in which case it would be
entitled to a division of the property based on its contributions.
The main difference between this alternative and that in which Pasco
contracts for library services with Richland is the potential for pooling of
funds. Pasco and Richland could develop a service plan for both cities
and share the funding of the service plan on a per capita basis.
Adjustments to compensate Richland for administrative and/or support
functions could be made.
The advantage of this option for Pasco is that it could customize services
to Pasco residents, provide access to the larger RPL collection, and piggy-
back on RPL's behind-the-scenes library operations. In the short-term, it
could be advantageous for Richland residents who will have access to a
larger inventory of library materials. The number of unique items
purchased could increase since collections will be shared across city
boundaries. In time, the regional library could reduce Richland's per
capita costs. By planning library services together, these proximate cities
could make services more accessible to their residents. This option also
has the advantage over a contract with Richland of the cities having
equal status in the relationship.
The greatest obstacle to this option may be the disparity between the
library assets of the two cities. RPL has a large collection, and after its
current renovation, will have a library building of 58,000 square feet.
Pasco will have to purchase its collection or a replacement. Its facility is
small for serving a population of Pasco's size.
On the other hand, the disparity between the cities' allocation to library
services is not that great. The RPL budget for 2008 is $1.87 million while
Pasco's is $1.14 million for a total of$3.01 million. As the MCL and RPL
do now, the Pasco library would generate revenue in fines and fees,
grants, and gifts. A customized service plan that included west Pasco
and improved service in east Pasco might motivate Pasco to increase its
general fund allocation.
The cities may have to overcome the perception that Pasco would be
taking advantage of Richland. The point would have to be made that the
contract terms apportion services and costs equitably.
RMA Pasco Library Service Options 25
CONCLUSIONS
Contracting for library services with the MCL is a cost-effective option for
Pasco. Pasco is paying below the per capita market rate for library
services for a turn-key operation that requires little time or involvement
from Pasco. A significant short-corning of this arrangement is that the
MCL expenditures are outpacing its revenues. If the MCL cannot
increase revenue, it is likely that eventually it will have to reduce
services.
The benefits and risks would be the same if Pasco annexed to the MCL.
The advantage of annexation over contracting for services is that Pasco
could lower its tax rate, or if necessary, make the case with voters to
reallocate library service revenues for other purposes. The disadvantage
of annexation or any other option for that matter is that it takes city time
and energy away from other work.
The only reason to consider changing the service delivery model is if the
future needs of Pasco are unlikely to be met under the current model.
This study did not attempt to gauge resident needs. However, in the
course of the study, service to west Pasco carne up repeatedly.
Pasco is at decision point regarding future library services. The direction
Pasco takes should be based on an informed understanding of what
library services Pasco residents need and expect in the next several
years. This information can be obtained through a community needs
assessment. With this knowledge, a service plan, costs, and service
specifications can be developed and the most advantageous delivery
option chosen.
In future negotiations with any provider, the ownership of existing
property in the Pasco Branch should be clarified. This will enable Pasco
to determine what if any start-up costs might be necessary should it
wish to let the current contract expire. Negotiations leading up to a new
contract for library services with any provider should address the
ownership and/or distribution of assets at the expiration or termination
of the contract.
For the purpose of estimating possible start-up costs, Figure 4 shows a
rough estimate of the cost of the Pasco Branch collection, computer
equipment, furniture, fixtures, and business equipment, and a separate
integrated library system (ILS). Where noted, the values are from the
MCL. Otherwise, the rough estimates are from library industry experts.
RMA Pasco Library Service Options 26
Figure 4: Pasco Branch Possible Capital Start-up Costs
Category Amount Basis of Estimate
collection $ 1,079,030 from The MCL
computer equipment/ peripherals $ 72,913 from The MCL
furniture, fixtures, equipment $ 300,920 per square foot @$20
Integrated ILS $ 150,000 1 commercial vendor20
Total $ 1,602,863 1 Ball-park Estimate
Any contract should allow for Pasco to receive customized services as
well as to purchase additional services or units of service. Any contract
should include service specifications and output measures beyond what
is currently in the contract. In addition to hours of service, the city
should establish output measures such as circulation, program
attendance, and other per capita measures. The decision about what
these measures should include could be guided by the MCL Strategic
Plan objectives for the Pasco Branch.
Finally, a shorter contract is advisable because a shorter term will
automatically trigger periodic review. It also provides opportunity for the
client and provider to mutually adjust service specifications in light of
unforeseen circumstances and emerging trends. A 3-5 year contract
term is ideal with the option to automatically renew.
RECOMMENDATIONS
Based on the analysis of current conditions and options for library
service delivery for Pasco, the following next steps are recommended to
the City of Pasco.
1) Conduct an objective library needs assessment with Pasco residents.
A needs assessment should include an analysis of demographic data
and projections, an environmental scan of the community, several
community focus groups, and several key informant interviews.
2) On the basis of the needs assessment analysis, develop a library
service proposal including a proposed model of delivery, estimated
20 The cost of an ILS has many variables.An alternative source could be considerably cheaper.Evergreen
and Koha are alternative, consortial-quality, open source integrated library systems. Open source software
is freely available—free to download,free to use, free to view,and free to adapt and improve. Still,Pasco
would need to budget for professional services to install and maintain software and hardware.
RMA Pasco Library Service Options 27
cost, and service specifications. Address both short-term and long-
term needs.
3) Use the library service proposal as the basis for discussion with
potential partners and providers, including the MCL, the City of
Richland, and LSSI, Inc.
4) In any future contract with a service provider, consider making the
contract of 3 year duration, with the option to renew on a multi-year
or year-to-year basis. Include provisions for:
a) Asset assignment and distribution
b) the option to customize services
c) the option to purchase additional services
d) service specifications and output measures
With the services the MCL has provided to Pasco, the city is well on its
way to having excellent library services. Pasco has a good foundation to
build on. Fortunately, the city has taken steps to understand its options
and has given itself time to decide what it needs.
RMA Pasco Library Service Options 28
RESOURCES CONSULTED
Pasco Branch Information Packet, compiled by Nancy Graf, Pasco
Branch Manager, Mid-Columbia Library, containing Pasco Branch
program and activity overview, Pasco strategic plan objectives and
measures, flyers, and remodel plans.
"Library Districts," Chapter 20 from The Governments Closest to the
People, by Steve Lundin, WSU, 2007.
2008 Budget, Mid-Columbia Library System.
City of Pasco Citizen Survey results, 2005 and 2007.
Revised Code of Washington, esp. Chapters 27 and 35.
Pasco Branch Collection Information packet provided by Danielle Kroll
and management team, August 2008, various statistical tables and
charts.
"Legal Structure," from the Public Library Trustees Summary Manual,
Washington, Washington State Library, 2001.
http://www.secstate.wa.gov/library/libraries/libDev/downloads/trustee/summary.T)df
Library Analysis financial spreadsheet, 1998-2009, City of Pasco.
Expenditure Statement for the Pasco Branch Library, City of Pasco, June
2008.
"Pasco Fact Sheet," prepared by Leone Michalec, Finance and Business
Director, August 20, 2008.
"Strategic Plan for Success, 2008-2010", Mid-Columbia Library System.
Mid-Columbia library website for service and program information:
http://www,mcl-lib.org/
Selected 2007 Library Statistics, from Evelyn Lindberg, State Data
Coordinator, Library Development, Office of the Secretary of State,
Washington State Library, Olympia, WA.
"Mid-Columbia Branch Library Statistics report, 2000-2007", from
Evelyn Lindberg, State Data Coordinator, Library Development, Office of
the Secretary of State, Washington State Library
RMA Pasco Library Service Options 29
2006 Washington Public Library Statistical Report, Office of the
Secretary of State, Washington State Library, 2007, Olympia, WA
Municipal Research and Services Center of Washington website,
http://www.mrsc.org/
STUDY INTERVIEWS
Stan Strebel, Director of Administrative and Community Services, City of
Pasco, WA.
Gary Crutchfield, City Manager, City of Pasco, WA.
Danielle Krol, Executive Director, Mid-Columbia Libraries, Kennewick,
WA and management team.
Nancy Graf, Pasco Branch Manager, Mid-Columbia Library System
Kyle Cox, Administrative Services, Mid-Columbia Library System
Sandra Le Page, Chair, Board of Trustees, Mid-Columbia Library System
Gloria Garcia, Board of Trustees, Mid-Columbia Library System
Susan Paysee, Board of Trustees, Mid-Columbia Library System
Robert Schultz, former Trustee, Mid-Columbia Library System
Rand Simmons, Ph.D., Program Manager for Library Development, Office
of the Secretary of State, Washington State Library, Olympia, WA.
Ann Chamberlain Roseberry, MLS, Ed.D, Manager, Richland Public
Library, City of Richland, WA.
Ron Dubberly, LSSI, Inc.
Steve Lundin, former legal counsel to the Washington State Legislature
and author, The Closest Governments to the People, WSU, 2007.
Lucien Kress, Kress Consulting, Portland, OR. Library information
technology consultant.
Kathryn Page, Page+Moris, San Francisco, CA. Library building
consultant.
RMA Pasco Library Service Options 30
EXHIBIT A: PASCO BRANCH_: COUNT--/ NOTES
SERVICES SNAPSHOT FREQUENCY
Facility square feet 15,046 Designated areas: Child/family-friendly
area, Teen-friendly area, International
Languages area, Community Meeting
Room, Friends Room
Library Material items 61,443 +350,000 in Library System
Hours/week open to the public 68
Visits to Pasco Biranch, annual 490,496 Est. 2008
Bookmobile stops at Pasco 18 431 51% of bookmobile stops serve Pasco
locations, annual
Customer accounts 18,203
New cards issued 3,761 Est. 2008
Annual circulation 238,514 Est. 2008, "
Reserves taken 21,017 Est. 2008
Public computers 17 (+18) In parenthesis, on order
Public computer sessions 68,241 Est. 2008
Reference questions 9,715 Est. 2008
Programs 267 Est. 2008
Program attendance 18,437 Est, 2008: .
Programs for youth and families weekly "So They Say Storytellers"
1-2 weekly. Bi-lingual story.time
weekly Toddler story time
weekly Pre-school story time
weekly Homework Help
MySpace (for teens) pilot project
weekly In-Spanish Dialog
ABC-123 Bingo
Mexican Loteria
Weekly Family Film Night
Weekly Latino Film Night
Weekly Teen Film Night
Teen Book Club
annually Cinco de Mayo Event
Der. Seuss Birthday story,time
celebratim .
annually Summer Reading Program
weekly Preschool story times
annually Dia de los Ninos y Dia de Libros
Spring Break Americorps crafts and activities
Puppet shows
Summer Daily story telling and crafts
Summer Game nights
(monthly)
weekly Secret Scientists
monthly Teen Canvas Art Contest
RMA Pasco Library Service Options 31
Hispanic Community ,
Hispanic Gornmuriity Outreach Multicultural Network of Pasco
Hispanic L,egislative Group
Hisparuc.Chambcr of Commerce
Migrant.Couricil
General Community Outreach League of Women Voters
Citizenship Class
Northwest Justice Project
Mid-Columbia Retired Teachers
Teen Advisory Board
Work Source in Kennewick
Pasco Chamber of Commerce
Promotional Activities Monthly Kids Calendar for families
Annually Summer Calendar of Events
Promotional Partnerships
City of Pasco Elections: voter registration and
balloting site
Park and Recreation Summer Parade
Spanish Dialog
Display Space
Pasco School Homework Help
District Register kids for"library cards at school
and gomniunity family events
Attend Literacy Nights
Coordinate summer reading and
summer school support
Building Bridges grant (recover 50
school drop-outs)
Annually 411 of July and Fiery Foods Festival
Walmart, Story time at popular supermarkets
Yoke's,
MacDonald's
Citizenship Immigration classes
Spanish English Dialog Class
"My First Library Card"packets
Feb thru mid- Tax aid w/Spanish translators
April
League of Candidate Forums (LWV)
Women Voters
Computer/Internet class(Spanish and
English)
AAUW Summer 2008 Register to vote drives
RMA Pasco Library Service Options 32
# EXHIBIT 8. Frequency
MCI.BOOKMOBILE STOPS IN
PASCO
Summer 2008 thru Spring 2009 Summer 2008 Spring/Fall/Winter
(June-August) 2008-2009
1 Rowena Chess Elementary Monday 2x1month
2 MLK CyberStop Monday 2x/month
3 MLK Headstart Monday 2x/month
3x in Sept'08 and March'09
4 Central Pasco Headstart Monday 2x/month
3x in Sept'08 and March'09
5 Tierra Vida Center Tuesday 2x/month Monday 2x/month
3x In Sept'08 and March'09
6 Road 48 and Henry Street Monday 2x/month Monday 2x/month
3x in June 2008 3x in December 2008
7 Yokes—Pasco Monday 2x/month Monday 2x/month
3x in June 2008 3x In December 2008
8 Argent&Kathmein Count Monday 2x/month Monday 2x/month
3x in June 2008 3x in December 2008
9 Ivy Glades Monday 2x/month Monday 2x/month
3x'in June 2008 3x In December 2008
10 Stonegate Apartments Tuesday 2x/month Tuesday 2x/month
3x In July 2008 3x in December 2008
11 Whidbey Dr. &Valdez Lane Wednesday Wednesday 2x/month
2x/month 3x in Sept'08&March'09
12 Rd 84&Nash Drive Wednesday Wednesday 2x/month
2x/month 3x in Sept '08&March '09
13 Fenway&Robert Wayne Dr. Wednesday Wednesday 2x/month
2x/month 143x In Sept'08&"March'09
14 Sunny Meadows Park Wednesday Wednesday 2x/month
2x/month 3x in Sept'08 &March'09
15 Yokes Pasco Wednesday Wednesday 2x/month
2x/month 3x In Sept'08&March'09
16 McGee Elementary Thursday 2x/month Thursday 2x/month
3x October '08 and April'09
17 Pasco Migrant#2 Thursday 2x/month Thursday 2x/month
3x in July 2008 3x January'09
18 Pasco Migrant #1 Thursday 2x/month Thursday 2x/month
3x in July 2008 3x January'09
RMA Pasco Library Service Options 33
EXHIBIT C : SNAPSHOT COMPARISON OF PASCO OPTIONS
Option Governance/ Per capita Chief Advantages/ Chief Disadvantages/
Controls 2008 Ouvortunities Barriers
MCL contract21 Contract $ 20.76 Infrastructure in place; Service specifications flat even
Low level of Pasco effort; with increasing Pasco
Option to change contract revenues; expenditures
specifications, customize, and exceeding revenue trend may
respond nimbly to changing cause reduction in service
needs; resident can borrow from levels; service model may not
a collection 7x the size of Pasco suit Pasco needs in the future.
Branch.
RPL contract Contract $41.58 Strong,local library alternative Increased level of Pasco effort;
provider; regional proximity; combined collection about V2
opportunity for a more of MCL; increased operating
customized service model. cost for comparable services;
capital start up costs related
to Pasco Branch.
LSSI contract Contract $ 32.00 Potential for customizing a Profit-base adds to baseline
service model for Pasco; costs; capital start-up costs
possibly less expensive than related to Pasco for Pasco
RPL as a contractor. Branch.
MCL Annexation Board of Trustees $ 20.76 Same as MCL contract plus: can Same as MCL contract plus:
reduce Pasco tax rate; can pass Accountability leverage is low;
property/facility/upgrade medium level of effort to
liability to MCL w/consent; can process annexation.
withdraw; can be reinstated.
x'Pasco also budgeted in 2408 the equivalent of$2.78 per capita for building costs.
RMA Pasco Library Service Options 34
High local control, ability to High level of effort for Pasco;
Pasco City Library Pasco City Council $ 15.83- customize service model, change potentially expensive start-up
$39.00 services, control costs; costs; Pasco Branch small to
opportunity to rally civic pride; accommodate "back of house"
philanthropic support. functions; limited collection of
library materials with no
current reciprocal relationship; .
Opportunity for economies of Medium-high level of Pasco
Regional Library Contract $ 35.00 scale; opportunity to customize effort; possible higher cost;no
service model; able to withdraw district taxing authority;
if needed. access to larger collection than
Pasco alone.
Note: The per capita amounts are based on actual or average costs except for the Pasco City Library and the Regional Library
options. These per capita amounts are based on the consultant's approximation. They are rough treasures for gross comparison.
They are not recommended funding levels. For comparative purposes, they generally include the current service specifications for
the Pasco Branch: 15,046 sq ft branch, 58 hours per week, comparable staffing and expenditure for new library material items,
bookmobile service, and youth services and outreach The Pasco City Library option includes a range: the low end represents the
current service plan while the high end is a benchmark average for city libraries serving populations of similar size. Capital
expenses are not included. Local overhead costs are not included for any of the options except the MCL contract and annexation
options.
RMA Pasco Library Service Options 35
AGENDA REPORT
FOR: City Council October 8, 2008
TO: Gary Crutchfie anager
FROM: Stan Strebel, A ministra, v and Community Workshop Mtg.: 10/13/08
Services Director - Regular Mtg.: 10/20/08
SUBJECT: Cemetery Sales Financing Options, Adjustments to Fees and Charges
I. REFERENCE(S):
A. Proposed Ordinance amending Cemetery payment options and fees.
B. Proposed Price List
C. Ordinance No. 3454
11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
10/13: Discussion
10/20: Motion: I move to adopt Ordinance No. amending Sections
2.48,140, 2.48.180 and 3.07.060 of the Pasco Municipal Code
regarding Cemetery payment options and fees and authorize
publication by summary only, and
1II. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) Sales at the City cemetery for plots, services and other products are close to
$300,000 annually through 150-175 different purchases. Approximately 52% of
the total sales volume is paid in cash at the time of the sale — with the balance of
sales contracts financed.
B) The City offers two financing options, both requiring 1/3 down: 1) 60 days—same
as cash and 2) 12 month financing with interest charged at 1% per month.
About two-thirds of the contracts financed are for 12 months.
C) We are experiencing an increasing number of delinquencies with contract
repayments recently. (We currently have 12 such contracts — about $16,000
turned over to Washington Collectors for follow-up.)
D) Staff anticipates with a tightening economy and natural growth in the City,that we
will experience a growing number of delinquencies with purchase contracts.
Options for limiting the City's exposure in the future include:
1) Increasing the required down payment.
2) Accepting credit cards only for those who do not pay cash.
3) Applying more credit history information to the decision to allow
customers to finance purchases.
E) Staff notes that we have few problems with the 60 day contracts (frequently used
when insurance policies are pending) but suggests that an increase in the down
payment amount to 50% may be prudent as a way to limit some exposure to
delinquency. The primary exposure is with 12 month contracts which staff
recommends be discontinued.
F) Our cemetery customer service representative estimates that 50% of customers ask
if they can use credit cards. Accepting credit cards for cemetery purchases will
4(d)
allow the City to eliminate the need to finance sales contracts longer than 60 days.
If 50% of our purchases were by credit card we would experience charges from
the card companies of roughly $4,500 per year. This could be offset by a modest
increase in the cemetery rates and sales charges. (Any increase would have to
apply to all sales as we cannot apply a higher price to goods and services
purchased by credit card under card company rules.)
G) Staff does not recommend increased credit history activity as it becomes time
consuming, costly and intrusive.
H) Staff recommends allowing the use of credit cards for cemetery goods and
services and discontinuation of city financed sales contracts over 60 days,
effective January 1 st. Since it has been nearly two years since cemetery fees and
charges were adjusted, an inflation/market adjustment is also in order. Staff
proposes a general increase of approximately 7% to cover inflationary cost
increases and the anticipated chargeback costs for allowing credit cards.
I) In 2000, the Council adopted Ordinance No. 3454 (attached) which sets forth base
fees and charges for the cemetery and authorizes the City Manager to offer
additional products and services (owing to the variety of possible products and
changing prices) consistent with the base fees and market conditions after 10 days
notice to the Council. While we have followed this practice, the Ordinance has
not been codified. Staff recommends that these provisions be included in the
PMC for convenient further reference.
J) The attached price list, which includes a number of package options, is tied to the
base fees and the cost of resale goods or market conditions, as noted. Staff
suggests these changes also be effective January I".
K) The attached, proposed Ordinance adjusts the payment options, increases the base
fees and codifies the existing price setting procedure. Staff recommends adoption
by Council.
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, amending Sections
2.48.140, 2.48.180 and Section 3.07.060 of the Pasco Municipal Code regarding
payments and fees for Cemetery goods and services.
WHEREAS, The City Council of the City of Pasco, Washington, has determined that
certain amendments regarding payment for Cemetery goods and services are necessary.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON,DO ORDAIN AS FOLLOWS: (deletions by interlineations, additions by
underlining)
Section 1. That Section 2.48.140 of the Pasco Municipal Code is hereby amended to
read as follows:
2.48.140 PAYMENT FOR LOTS A,M ;IG CEMETERY GOODS AND
SERVICES. All lets cemetery goods and services must be paid for in cash or by credit card,
either at the time of sale, or before burial, provided, however, upon application made to the City,
lots or- Hie goods and services may be sold on time, not exceeding twelve meti sixty days;
provided, that the purchaser thereof shall make a cash or credit card down payment of no less
than one- half of the total purchase price and shall give a note therefore, payable to the City,
and running for a period of not more than twelve meat 60 days, with sureties to be approved
by the City. Such note at the time of sale, and execution thereof, shall be filed with the City
Manager or his designee for collection. Failure to pay the note and the contract on a regular and
consistent basis shall make the total callable. Interest shall be charged at the rate of one percent
per month on all accounts not paid in full within sixty days of purchase (Ord. 3384 Sec. 1, 1999;
Ord. 2420 Sec. 1, 1982; Ord. 2398 Sec. 1, 1982; Ord. 1459 Sec. 13, 1971.)
Section 2. That Section 2.48.180 of the Pasco Municipal Code is hereby amended to
read as follows:
2.48.180 CHARGES FOR LOTS, NICHES AND OTHER GOODS AND SERVICES. The City
Council shall from time to time, by ordinance, provide for the setting of base charges and fees
for cemetery goods and services as it deems appropriate. The City Manager is authorized to
offer additional products and services, to set_fees or charges therefore, to combine goods and
services for package sales and quantity discounts as in his jud ment are consistent with the base
fees and in line with market conditions. The City Manager shall im lement such fees and
charges only following 10 days notice to the City Council.
Section 3. That Section 3.07.060 of the Pasco Municipal Code is hereby amended to
read as follows:
3.07.060 CEMETERY: Base fees and charges. (Other fees and charges set based on market
conditions.)
A) Charge for lots exclusive of endowment FeelCharge Reference
care
1) Baby $230.00 Ord.
$250.00
2) Adult and Juvenile $600 Ord.
$650.00
3) Urn $31-55.90 Ord.
340.00
4) Urn(on existing grave) $1-60:90 Ord.
$170.00
B) Charge for lots exclusive of endowment care
1) Niche with urn $880.00 Ord.
940.00
C) Charges for Burials, Inurnment
1) Baby $400. Ord.
450.00
2) Adult and Juvenile $650.00 Ord.
$725.00
3) Urn (burial) $250.09 Ord.
275.00
4) Niche (inurnment) $250.09 Ord.
$275.00
D) Charges for Disinterment:
1) Baby $408:09 Ord.
450.00
2) Adult and Juvenile $6 50.00 Ord.
725.00
3) Urn X0:09 Ord.
275.00
4) Niche $2 50:09 Ord.
$275.00
E) Charges for Endowment Care: 30% of cost Ord.
Section 4. This ordinance shall take effect and be in force on January 1, 2009, after its
passage and publication as required by law.
PASSED by the City Council of the City of Pasco at its regular meeting this day of
, 2008.
Joyce Olson, Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney
City View Cemetery
Base Rates adopted as per Ordinance
Effective
New Section/Flat Monuments
Adult Urn
Lot $630.00 $650.00 Lot $370.00 395.00
Endowment Care 183.0 195.00 Endowment Care 111.00 118.50
Open and Close 6-58:00 725.00 Open and Close 250.00 275.00
Liner 625.09 675.00 Liner 140.08 150.00
Tax 8.3%(liner only) 51-88 56.03 Tax 8.3% 11.62 12.45
Total $2,119.89 $2,301.03 Total $882.62 $950.95
Urn Old Section/Upright Monument
Lot $315.00 $340.00
Endowment Care 94.50 102.00 Adult
Open and Close 250 00 275.00 Lot $830.00 $890.00
Liner 440.00 1 50.00 Endowment Care 249 00 267.00
Tax 8.3% 11.6 12.45 Open and Close 650.00 725.00
Total &811.1-2 879.45 Liner 625.00 675.00
Tax 8.3% (liner only) 51.88 56.03
New Section/Upright Monument Total $2,^9 $2,613.03
Adult Baby
Lot $780.09 $840.00 Lot $230.00 $250.00
Endowment Care 234.00 252.00 Endowment Care 69.00 75.00
Open and Close 650.00 725.00 Open and Close 480.00 450.00
Liner 625.00 675.00 Liner 229.00 235.00
Tax 8.3%(liner only) 51.88 56.03 Tax 8.3% (liner only) 18.26 19.51
Total $2;349:88 2 548.03 Total $937.26$1,029.51
Old Section/Flat Monuments Urn
Lot $379:00 395.00
Adult Endowment Care 111.0 118.50
Lot $715.0 $765.00 Open and Close 250 09 275.00
Endowment Care 214;20 229.50 Liner 140.00 150.00
Open and Close 650.09 725.00 Tax 8.3% 11.62 12.45
Liner 625.00 675.00 Total $882.62 $950.95
Tax 8.3%(liner only) 51.88 56.03
Total $2,450.53 Urn
Add to existing grave $1-60.00 $170.00
Baby Endowment Care 48.00 51.00
Lot $230.00 $250.00 Open and Close 2 50.00 275.00
Endowment Care 69.00 75.00 Liner 140.00 150.00
Open and Close 400.00 450.00 Tax 8.3% 11.62 12.45
Liner 220.00 235.00 Total $609.62 $658.45
Tax 8.3%(liner only) 18.26 19.51
Total 1029.51
Niches- Single Setting permanent memorial(cont'd)
Niche $88098 $940.00 3 x 1 225.00 240.00
Endowment Care 264400 282.00 4 x 1 240.00 255.00
Inurnment 250.00 275.00 5 x 1 2 50.00 265.00
Inscription 17008 180.00 6 x 1 300.00 320.00
Vase 6600 70.00
Tax 8.3% -5Q 20.75 Vases
Total 04»7$1,767.75 Perma vase $709 $80.00
Setting 25.00
Niches-Double
Niche $1,144.0 $1225.00 Vaults $800.00 $900.00
Endowment Care 2$4-09 367.50
Inurnment 230.00 275.00 Juvenile Liner $33090 $375.00
Double Inscription 27000 290.00
Final Date 1-60.00 170.00 Inscriptions
2nd Inurnment 2 50.09 275.00 Niche front inscription
Vase €6.09 70.00 (single) $1-70-90 $180.00
Tax 8.3% 41.17 43.99 Niche front inscription
Total $2,465.1:7$2,716,49 (double) 270.08 290.00
Niche front inscription
Veterans Lots $38000 $620.00 (extra wording-
Endowment Care P4.00 $186.00 per letter) 1-.55 1.65
$734.00 $806.00 Niche front inscription
(emblem) 65.00 70.00
Disinterment
Baby $40008 $450.00 Cenotaph Inscriptions
Adult and Juvenile 660-80 725.00 Single inscription $215.09 $230.00
Urn 250.08 275.00 Endowment Care 29:80 25.00
Niche 25000 275.00 Two line inscription 415.09 445.00
(Not including removal of liners or vaults) Endowment Care 30.0 35.00
Three line inscription 5809 625.00
Setting permanent memorial Endowment Care 40.00 45.00
Veterans Memorial. $220000 $215.00
2 x 1 20000 215.00
Additional Burial Charges:
Saturday and Monday through Friday before 8:00 a.m. and after 5:00 p.m -$30.08 $375.00
Holiday or Sunda-$60009$645.00($330:09 $375.00+$2 50.00$270.00 Holiday/Sunday charge)
Overtime Cost-When a service begins after 2:00 p.m. (regardless of the time scheduled)if clean-up
duties require City workers beyond 4:00 p.m.,there will be an additional charge of$70.00 per hour based
on costs for the caretaker and helper.
Approved:
Date:
City Manager
ORDINANCE NO. 8454
AN ORDINANCE of the City of Pasco, Washington,
establishing base fees for goods and services at the City View
Cemetery.
WHEREAS, the City Council of the City of Pasco, Washington, has
determined that it is necessary to establish certain base fees for goods and services
at City View Cemetery and to establish a process whereby other fees may not be
established; NOW, THEREFORE,
THE CITY COUNCIL. OF THE CITY OF PASCO, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Cemetery Base Fees and Charges. The following base fees and
charges are hereby established for goods and services at City View Cemetery.
Charge for Lots. The cost of all lots shall be as follows, exclusive of
endowment care:
Baby $200.00
Adult and Juvenile 550.00
Urn 300.00
Urn(on existing grave) 50.00
Charge for Niches. The cost of niches shall be as follows, exclusive of
endowment care.
Niche with urn $880.00
Charge for Burials, Inurnment. The charges for burials shall be as follows:
Baby $200.00
Adult and Juvenile 450.00
Urn (burial) 150.00
Niche (inurnment) 150.00
Charges for Disinterment. The cost of disinterment shall be as follows:
Baby $200.00
Adult and Juvenile 450.00
Urn 150.00
Niche 150.00
Charges for disinterments do not include removal of liners or vaults.
Charge for Endowment Care. The charge for endowment care shall be as
follows:
30%of the cost of each lot or niche.
Section 2. Other Cemetery Fees and Charges. The charges for goods and
services established in prior sections of this ordinance shall be the base fees for the
respective goods and services. The City Manager is authorized to offer additional
products and services, to set fees or charges therefore, to combine goods and
services for package sales and quantity discounts as in his judgment are consistent
with the base fees and in line with market conditions. The City Manager shall
implement such fees and charges only following 10 days notice to the City Council.
Section 3. This ordinance shall take effect and be in force from and after its
passage and five days following its publication as required by law.
PASSED by the City Council of the City of Pasco at a regular meeting this
18' day of December, 2000.
C8�'►
Michael L. Garrison, Mayor
AT'T'EST: APPROVED AS TO FORM:
Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney
List of Additional Cemetery Fees and Charges
Liners.
Baby Iners $150.00
Adult and Juvenile liners 400.00
Urn 100.00
$sing Permanent Monuments.
Veterans' monument $150.00
2' x l' approximately 150.00
3' x l' approximately 175.00
4' x 1' approximately 185.00
5' x 1' approximately 195.00
6' x 1' approximately 225.00
Larger size monuments will be charged proportionately.
�_
Perma vases $70.00
Setting 25.00
Bionden vases 66.00
Setting 10.00
Inscriptions.
Niche front inscription (single) $170.00
Niche front inscription (double) 270.00
Niche front inscription (extra wording) 1.55 per letter
Niche front inscription (emblem) 65.00
Cenotaph Inscriptions.
Single inscription $215.00
Endowment Care 20.00
Two line inscription 415.00
Endowment Care 30.00
Three line inscription 585.00
Endowment Care 40.00
AGENDA REPORT No. 61
FOR: City Council October 9th, 2008
TO: Gary Crutchfie anager
FROM: Rick White, ector E ` Workshop Mtg.: 10/13/08
Community & Economic Development
SUBJECT: Inspection Services Contract with SAFEBUILT
1. REFERENCE(S):
1. Current contract between the City and SAFEBUILT.
2. SAFEBUILT termination request.
3. Proposed Contract Addendum.
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATION:
10/13: Discussion
111. FISCAL IMPACT:
Short term increased costs for Inspection Services
IV. HISTORY AND FACTS BRIEF:
A) The City has used a public/private partnership for building inspection services and
construction plan review for the last 12 years. In 1995, the City contracted with the
Building Department, Inc for plan review services; in 1998 part-time inspection
services were added and in 2000, the City added full-time inspection services to the
contract. In 2007,The Building Department, Inc was purchased by SAFEBUILT Inc.
B) The City entered into a Contract with SAFEBUILT Inc. in January of 2008 for
inspection services and construction plan review. Essentially, this Contract authorizes
an hourly fee to SAFEBUILT of$33.20 for inspection services, a fee of fifty cents
(.50¢) per mile for required travel and receipt of 45% of the construction permit fee
for commercial plan review services. The Contract also provides a 30 day escape
clause for SAFEBUILT or the City to terminate the Contract.
C) In August of 2008, SAFEBUILT, Inc. requested a Contract revision for charges for
services. The revision outlined several alternatives for payment, but primarily
focused on an hourly fee of$60.00 for inspection services, elimination of the mileage
fee and retention of the 45% fee for commercial plan review.
D) SAFEBUILT has advised the City the present terms of the contract cannot be
maintained, and has exercised its 30 day option for contract termination.
V. DISCUSSION:
A) Staff has conducted an initial analysis of the three alternatives presented by
SAFEBUILT and a fourth alternative of using City employees for inspection and plan
review services.
B) Each of the alternatives presented by SAFEBUILT will increase costs to the City. Of
the three contract alternatives presented by SAFEBUILT, the $60 hourly fee and 45%
plan review charge (described in B above) represent the most favorable option to the
City at this time.
C) Staff recommends that the City revise the payment terms of the Contract with
SAFEBUILT per the attached Contract Addendum. This will provide an immediate
solution and maintain existing levels of service. During the upcoming budget process,
staff will present Council with a detailed analysis and recommended course of action
which maintains existing service levels at a reasonable cost. This analysis will
include the cost and benefit of using City employees for inspection and plan review
services.
4(e)
CONTRACT FOR SERVICES
BETWEEN
CITY OF PASCO, WASHINGTON
and
SAFEBUILT WASHINGTON,INC.
THIS CONTRACT is entered into this day of , 2008, by and between
the CITY OF PASCO, WASHINGTON (hereinafter "the City") and SAFEBUILT
WASHINGTON, INC., a Washington Corporation(hereinafter "SAFEBUILT").
WHEREAS, the City intends to regulate the process for construction and improvements
within its boundaries to ensure compliance with its comprehensive plan and with its pertinent
ordinances, laws, and regulations and to assure the overall operation of said enforcement; and
WHEREAS, SAFEBUILT possesses knowledgeable and experienced persons familiar
with the building permitting process, building codes, abatement procedures, and other such
related activities ordinarily performed by a jurisdiction's building and code enforcement
departments; and
WHEREAS, the City wishes to assure itself of the availability of such qualified experts
to assist in the administration of the City's building and code enforcement activities and
SAFEBUILT is willing to provide such expertise to assist the City in this regard;
NOW, THEREFORE,THE PARTIES AGREE AS FOLLOWS:
1. SAFEBUILT accepts the relationship of trust and confidence established between
it and the City by this Contract. SAFEBUILT covenants with the City to furnish its best skill and
judgment and to cooperate with the City in fin-thering the interests of the City. It agrees to furnish
efficient business administration and superintendence and to use its best efforts to complete the
review and administration of the building permit application process and administration of the
City's laws, ordinances, and regulations relating to the building and code enforcement processes
in an expeditious and economical manner consistent with the interests of the City.
2. The City agrees to provide staff needed for the initial permit intake and the final
issuance of permits at some pre determined location in the city.
3. The City has the option of exercising any or none of the provisions set forth
below at its discretion.
4. The City agrees to forward the initial applications, plans and specifications to
SAFEBUILT by fax and/or mail.
5. SAFEBUILT agrees to provide an ICC/ICBO certified building inspectors on
Monday through Fridays of each week, as needed, to conduct inspections for Washington State
Building Code compliance of building permits covered under this agreement. Inspectors will not
be provided on holidays recognized by the City.
6. SAFEBUILT agrees to act as consultant to the City's officials in matters
concerning the operation of the City's building and code enforcement activities when requested
by the City. Such activities may include,but are not necessarily limited to,
_review of building plans
_building inspections
_abatement of dangerous buildings
code enforcement
_drafting of ordinances
Activities may also include working with the City's attorney in enforcing and
prosecuting individuals charged with violation of the building codes and related regulations
adopted by the City.
7. SAFEBUILT shall be compensated by the City for services as follows:
(a) For consulting to the City for matters not covered under Subparagraphs (b)
and (c) below, SAFEBUILT shall receive the sum of Thirty-three dollars twenty
cents ($33.20)per hour.
(b) For performing plan reviews for commercial and industrial projects
SAFEBUILT shall receive forty-five percent (45%) of the construction permit fee
for each project reviewed. For such projects, SAFEBUILT's portion of the permit
fees shall be paid on a regular payment schedule to be agreed upon between the
parties on a project-by-project basis.
(c) For calculating valuations and finalizing building permit applications and
IBC inspections for projects, SAFEBUILT shall receive Thirty-three dollars
twenty cents ($33.20) per hour plus fifty cents (.50) a mile for each mile travel
while performing work for the city.
(d) Project valuations shall be calculated pursuant to The City of Pasco's
Building Valuation Data. When this method is not practical, valuations will be
established by SAFEBUILT pursuant to industry standard practices. The City of
Pasco reserves the right to adjust the valuations on specific projects when needed
to address special construction circumstances.
8. SAFEBUILT shall provide the City with a monthly invoice which contains true
and accurate references for each service performed and all time billed including, but not limited
to, the name of each plan examiner or inspector, dates and hours worked and mileage accrued
performing their duties.
9. The City shall pay SAFEBUILT's invoices with-in thirty day of receipt of
SAFEBUILT's billing.
SAFEBUILT Agreement
Page 2 of 4
10. SAFEBUILT will carry errors and omissions insurance coverage in the minimum
amount of $1 million, as well as liability insurance. SAFEBUILT will name the City as
additional insured on the liability policy.
11. This contract may be terminated by either party by giving thirty(3 0) days' written
notice to the other party. If this contract is terminated, SAFEBUILT's final invoice shall be paid
on the regular scheduled payment date.
12. It is understood and agreed that SAFEBUILT is an independent contractor and is
not employed by the City and SAFEBUILT shall make no claims for benefits for employment
against the City including, but not limited to, sick leave, medical insurance, coverage under the
City's State Department of Labor and Industries policy, vacation benefits, retirement, or
unemployment benefits.
13. The term of this Contract shall be for a period of one (1) year commencing this
day of ' 2008, and shall automatically renew each year absent notice of
one party to the other of intent to cancel pursuant to Paragraph 13.
14. Any notice required to be given under this Contract shall be given by certified
mail addressed as follows:
To the City: Director of Community& Economic Development
525 North 3rd Avenue
Pasco, Washington 99301
To SAFEBUILT: 2123 Robertson Drive
Richland, Washington 99354
15. This Contract is made and entered into the State of Washington and shall be
governed by and construed and enforced in accordance with the substantive laws of the State of
Washington. Should any dispute arise concerning the breach, enforcement, or interpretation of
this Contract, venue shall be placed in Franklin County, Washington, and the prevailing parties
shall be entitled to its reasonable attorney fees and costs and additional judgment against the
other party.
16. Time is of the essence of this Contract, and there are no other agreements between
the parties, either oral or in writing, concerning the subject matter herein.
17. SAFEBUILT shall indemnify the City and its officers, employees and/or agents
and hold them harmless from and against any and all claims, suits, and/or actions, loss or
damages resulting form or arising out of the services provided under this Agreement, or from
negligent acts or intentional acts or omissions of SAFEBUILT.
SAFEBUILT Agreement
Page 3 of 4
IN WITNESS WHEREOF, the parties have caused this Instrument to be executed by
their duly authorized representatives the day and year first above written.
CITY OF PASCO,WASHINGTON SAFEBUILT WASHINGTON, INC.
"WI/
Joyce Ols Richard R. Mumma Jr.
Mayor n� C9,Q"c"Atl-
APPROVED AS TO FORM:
Lee Kerr
SAFEBUILT Agreement
Page 4 of 4
built inc_
fairnedyThe Building Department
September 22, 2008
City of Pasco
525 North Third Avenue
Pasco, WA 99301
Attn: Mitch Nickolds
Dear Mr. Nickolds;
We understand that the City of Pasco is reviewing SAFEbuilt's proposal for modifications to our
existing contract for building department services. We also understand that a decision will not
be made by the City until the annual budget process is complete.
As we mentioned during our meeting with you and Rick White on August 21,time is of the
essence for SAFEbuilt in this matter. Our current contract with the City is at an hourly rate
below cost.
Because of this situation,SAFEbuilt has had to make a very difficult decision. This letter shall
serve as our 30-day notice to terminate our contract with the City of Pasco per Paragraph 12 of
our agreement.
The City of Pasco has always been a valued client and we will do our best to help you through
this transition. From now until October 24, we will continue to provide all services per our
currant agreement. If the City needs additional support after October 24,we will be happy to
enter into a separate agreement with the City, at our standard hourly rate.
We would be happy to meet with you to discuss details of this transition or to answer questions
that you may have. I can be contacted at the following numbers, office 946-5481, cel 554-1289.
Richard Murnina
Chief Building Official
7201JadwinAvvnue,Suili POP 'f R'&.Land,Washing,ot.aa.�c , tmia-t�- uu, xnn.oatctaLmaayWit�Wn,lUtLL
CONTRACT ADDENDUM
BETWEEN
CITY OF PASCO, WASHINGTON
and
SAFEBUILT WASHINGTON, INC
THIS CONTRACT ADDENDUM is entered into this day of , 2008, by and
between the CITY OF PASCO, WASHINGTON (hereinafter "the City") and SAFEBUILT
WASHINGTON, INC., a Washington Corporation (hereinafter "SAFEBUILT"). This CON'T'RACT
ADDENDUM modifies paragraph#7 of the CONTRACT between the City and SAFEBUILT approved by
City Council ,2008, and attached.
NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS:
7. SAFEBUILT shall be compensated by the City for services as follows:
a. For consulting to the City for matters not covered under Subparagraphs(b)and(c)below,
SAFEBUILT shall receive the sum of sixty dollars($60)per hour.
b. For performing plan reviews for commercial and industrial projects SAFEBUILT shall
receive fourty-five percent (45%) of the construction permit fee for each project
reviewed. For such projects, SAFEBUILT's portion of the permit fees shall be paid on a
regular payment schedule to be agreed upon between the parties on a project-by-project
basis.
c. Project valuations shall be calculated pursuant to the City of Pasco's Building Valuation
Data. When this method is not practical, valuations will be established by SAFEBUILT
pursuant to industry standard practices.The City of Pasco reserves the right to adjust the
valuations on specific projects when needed to address special construction
circumstances,
All other terms and provisions of the attached CONTRACT approved by City Council on ,
2008 remain intact.
IN WITNESS WHEREOF, the parties have caused this Instrument to be executed by their duly
authorized representatives the day and year first above written.
CITY OF PASCO,WASHINGTON SAFEBUILT WASHINGTON,INC.
Joyce Olson Mike McCurdie
Mayor President
APPROVED AS TO FORM:
Lee Kerr
DRAFT
AGENDA REPORT
FOR: City Council October 6, 2008
TO: Gary Crutch Manager Workshop Mtg.: 10/13/2008
Regular Mtg.: 10/20/2008
FROM: Denis Austin, olice Chief
SUBJECT: Emergency Communications Consultant
I. REFERENCE(S):
I. Contract for Professional Engineering Services, ADCOMM Engineering
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
10/13: Discussion
10/20: MOTION: I move to approve the contract for consultant services for Emergency
Communication Consultant service and, further, authorize the Mayor
to sign the agreement.
III. FISCAL IMPACT:
$49,000
IV. HISTORY AND FACTS BRIEF:
The City of Pasco recognizes that emergency communications is important to public
safety. Our current communication system utilized by the police department is 30+ years
old and has required extensive modification over the last year or two. While working at
an acceptable level today problems continue to surface. Advancement in technology has
far surpassed the Counties present system and while our delivery of dispatching police
services has remained the same over the years we recognize the need to examine other
options.
V. DISCUSSION:
The consultant's report will provided the City of Pasco guidance concerning any possible
enhancements to the current Police Department's communication system, as well as
possible new systems that are available. Radio technology continues to advance, as does
federal requirements placed on emergency services to improve such issues as
interoperability between systems and agencies. Additionally, Pasco has seen the cost of
dispatch services rise significantly over the past several years. This study will provide a
look at our existing services, potential new options and provide recommendation as to
which options might be best. These recommendations would include what the cost of
each option would be.
4(f)
Contract for Professional Engineering Services
This contract dated between ADCOMM Engineering Company, hereinafter
referred to as ADCOMM, and the City of Pasco, hereinafter referred to as Client, covers the
following items, as mutually agreed upon.
1. Scope of Services.
ADCOMM will provide Client with professional engineering services relating to
Dispatch center and radio system options as outlined in Attachment A. It is agreed that
the final report as well as all supporting data is the property of the City of Pasco.
2. Time of Performance.
Start date January 1, 2009 or sooner, completion of the project 120 days from January 1,
2009. Work will begin on the radio system options as soon as possible.
Delays caused by conditions beyond ADCOMM's reasonable control shall, upon mutual
agreement from Client, extend the Time of Performance. ADCOMM shall notify Client,
as soon as the delay is known. Client shall notify ADCOMM, as soon as events which
may delay ADCOMM's performance are known.
3. Compensation and Method of Payment.
A. Client agrees to reimburse ADCOMM for the services described in Section 1 in
the following manner:
Client shall pay ADCOMM for services on a fixed fee basis. The total amount for
both labor and expenses for the completion of these tasks shall not exceed
$49,000.
B. Billing. ADCOMM will bill Client at the completion of the project. ADCOMM
will submit an invoice including documentation that states the work completed.
Client shall review the invoice to determine whether the task is completed and the
amount billed is in conformance with the contract. If Client approves the invoice,
Client shall pay ADCOMM within thirty(30) days of the receipt of the invoice by
Client.
C. Rate Increases. ADCOMM typically increases its hourly rates on January 1 of
each year. Client agrees to pay ADCOMM based on the current rate sheet. The
fee quoted is valid for the duration of this project. Any subsequent work charged
on a time and material basis will be using the ADCOMM 2008 rates.
Contract for Professional Services
ADCOMM Engineering Company
Page 1
4. Confidential Disclosure.
ADCOMM will hold confidential all business information obtained from Client or it
affiliates or generated in the performance of services under this agreement and identified
in writing by client as "confidential." ADCOMM will not disclose such information
without Client's consent except to the extent required for (1) performance of services
under this agreement; (2) compliance with professional or ethical standards of conduct
for preservation of public safety, health, and welfare; (3) compliance with any court order
or other governmental directive; and/or; (4) protection of ADCOMM against claims or
liabilities arising from performance of services under this agreement. ADCOMM's
obligation hereunder shall not apply to information available to ADCOMM prior to this
contract, information in the public domain or lawfully acquired on a non-confidential
basis from others.
5. Limitations of Liability.
All services to be rendered or performed under this agreement will be performed or
rendered entirely at ADCOMM's own risk and ADCOMM expressly agrees to hold
harmless and indemnify Client and all of its officers, agents, employees, or otherwise,
from any and all liability, loss or damage including reasonable costs of defense that they
may suffer as a result of claims, demand, actions, or damages to any and all persons or
property, costs or judgments against Client for negligent acts which are a direct result
from the services to be performed by ADCOMM under this agreement.
ADCOMM will not assume liability for action taken by Client and Client agrees to hold
ADCOMM harmless against any such liability or claim of liability.
In no case shall ADCOMM be responsible for job site safety for any of Client's officers,
agents, employees, or any others; for any officers, agents, employees, or guests of any
Contractor hired to perform any of construction work that may arise from any of the work
ADCOMM performs for client.
6. Changes.
Changes may be made to this contract upon mutual agreement of both parties. Changes
shall be made in writing, signed by both parties, and included as part of the original
contract.
7. Assignment/Subcontractors.
A. ADCOMM shall not assign any portion of this agreement without the written
consent of Client, and it is further agreed that said consent must be sought in
writing by ADCOMM not less than thirty (30) days prior to the date of any
proposed assignment.
Contract for Professional Services
ADCOMM Engineering Company
Page 2
B. Any work or services assigned hereunder shall be subject to each provision of this
agreement and proper bidding procedures where applicable as set forth by local,
state and/or federal statutes, ordinances and guidelines.
C. Any technical/professional service subcontract not listed in this agreement, which
is to be charged to the agreement must have express advance approval by Client.
8. Nondiscrimination in Employment.
A. Client is an equal opportunity employer.
B. ADCOMM agrees that it will comply with all federal and state discrimination
laws and that it will not discriminate against any employee or applicant on the
grounds of race, creed, color, national origin, sex, marital status, age, or the
presence of any sensory, mental or physical handicap; provided that the
prohibition against discrimination in employment because of handicap shall not
apply if the particular disability prevents the proper performance of the particular
worker involved.
9. Relationship of Parties.
A. The parties intend that an independent contractor/Client relationship will be
created by this agreement. Client is interested primarily in the results to be
achieved; the implementation services will lie solely with ADCOMM. No agent,
employee, servant or representative of ADCOMM shall be deemed to be an
employee, agent, servant or representative of Client for any purpose, and the
employees of ADCOMM are not entitled to any of the benefits Client provides for
its employees. ADCOMM will be solely and entirely responsible for its acts and
for the acts of its agents, employees, servants, and subcontractors or otherwise
during the performance of this agreement.
B. In the performance of the services herein contemplated, ADCOMM is an
independent contractor with the authority to control and direct the performance of
the details of the work; however, the services contemplated herein must meet the
approval of Client and shall be subject to Client's general rights of inspection and
review to secure the satisfactory completion hereof.
C. In the event that any of ADCOMM's employees, agents, servants or otherwise,
carry on activities or conduct themselves in any manner which may jeopardize the
funding of this agreement, ADCOMM shall be responsible for taking adequate
measures to prevent said employee, agent or servant from performing or
providing any of the services contained in this agreement.
Contract for Professional Services
ADCOMM Engineering Company
Page 3
10. Suspension,Termination and Close-out.
If ADCOMM fails to comply with the terms and conditions of this agreement, Client may
pursue such remedies as are legally available including, but not limited to, the suspension
or termination of this agreement in the manner specified herein.
A. Suspension.
If ADCOMM fails to comply with the terms of this agreement, or whenever
ADCOMM is unable to substantiate full compliance with the provisions of this
agreement, Client may suspend the agreement pending corrective action or
investigation, effective not less than 7 days following written notification to
ADCOMM or its authorized representative. The suspension will remain in full
force and effect until ADCOMM has taken corrective action to the satisfaction of
Client and is able to substantiate its full compliance with the terms and conditions
of this agreement. No obligation incurred by ADCOMM or its authorized
representative during the period of suspension will be allowable under the
agreement except:
1. Reasonable, proper and otherwise allowable costs which ADCOMM could not
avoid during the period of suspension;
2. If upon investigation ADCOMM is able to substantiate complete compliance
with the terms and conditions of this agreement, otherwise allowable costs
incurred during the period of suspension will be allowed.
B. Termination for Cause. If ADCOMM fails to comply with the terms and
conditions of this agreement and any of the following conditions exist:
1. The lack of compliance with the provisions of this agreement are of such
scope and nature that Client deems continuation of this agreement to be
substantially detrimental to the interest of Client;
2. ADCOMM has failed to take satisfactory action as directed by Client or its
authorized representative within the time specified by the same;
3. ADCOMM has failed within the time specified by Client or its authorized
representative to satisfactorily substantiate its compliance with the terms and
conditions of this agreement; then, Client may terminate this agreement in
whole or in part, and thereupon shall notify ADCOMM of the termination, the
reasons therefore, and the effective date provided such effective date shall not
be prior to notification to ADCOMM. After this effective date, no charges
incurred under any terminated portions are allowable.
Contract for Professional Services
ADCOMM Engineering Company
Page 4
C. Terminations for Other Grounds. This agreement may also be terminated in
whole or in part as follows:
1. Termination by Mutual Agreement. This agreement may be terminated by the
mutual agreement of the parties. Such termination shall be in writing, signed
by both parties and shall include the conditions for termination, the effective
date and in the case of termination in part, that portion to be terminated.
2. Termination for Lack of Funding. In the event that funding from state, federal
or other sources is withdrawn, reduced or limited in any way after the
effective date of this agreement, and prior to the normal completion date of
this agreement, Client may summarily terminate this agreement as to the funds
withdrawn, reduced, or limited, notwithstanding any other termination
provision of this agreement. If the level of funding withdrawn, reduced or
limited is so great that Client deems that the continuation of the program
covered by this agreement is no longer in the best interests of Client, Client
may summarily terminate this agreement in whole, notwithstanding any other
termination provisions of this agreement. Termination under this paragraph
shall be effective upon the date specified in the written notice of termination
sent by Client to ADCOMM. After the effective date, no charges incurred
under this agreement are allowable. Client agrees to notify ADCOMM
promptly of any proposed reduction in the funding of which Client is notified.
ADCOMM agrees that upon receipt of such notice from Client, it shall take
appropriate and reasonable action to reduce its spending in the affected
funding areas so that expenditures do not exceed the funding level which
would result if said proposed reduction became effective.
D. Close-out.
In the event that this agreement is terminated in whole or in part for any reason,
the following provisions shall apply:
1. Upon written request by ADCOMM, Client shall make or arrange for payment
to ADCOMM of allowable reimbursable costs not covered by previous
payment;
2. ADCOMM shall immediately refund to Client any unencumbered balance of
funds paid for the budgeted,but unspent for the service(s) terminated;
3. ADCOMM shall submit, within thirty (30) days after the date of expiration of
this agreement, all financial, performance and other report required by this
agreement;
Contract for Professional Services
ADCOMM Engineering Company
Page 5
4. In the event a financial audit has not been performed prior to closeout of this
agreement, Client retains the right to withhold a just and reasonable sum from
the final payment to ADCOMM after fully considering the recommendations
on disallowed costs resulting from the final audit.
11. Jurisdiction.
A. This agreement has been and shall be construed as having been made and
delivered within the State of Washington and it is agreed by each party hereto that
this agreement shall be governed by the laws of the State of Washington both as
to interpretation and performance.
B. Dispute Resolution. In the event of a dispute arising regarding the breach,
interpretation or enforcement of this agreement, the parties shall first meet in a
good faith effort to resolve the dispute, either with or without the assistance of a
mediator. If the dispute remains unresolved, the dispute shall be resolved by
arbitration pursuant to RCW 7.04A and the Court Rules of Mandatory
Arbitration. Venue for arbitration shall be in Pasco, Washington and the
arbitration award shall include reasonable attorney's fees and costs of the
substantially prevailing party assessed as an additional award against the other
ply.
12. Insurance.
If required, ADCOMM shall provide to Client a copy of a certificate of Insurance
covering General Liability coverage in the amount of$1,000,000, a copy of automobile
;accident liability and shall certify to notify Client if any change in this insurance status
occurs. ADCOMM shall procure and maintain for the duration of the agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the work by ADCOMM, their agents,
representatives, employees, or subcontractors.
ADCOMM shall provide documentation of insurance evidencing:
A. Commercial General Liability Insurance written on an occurrence basis with
limits no less than one million dollars ($1,000,000) combined single Iimit per
occurrence and two million dollars ($2,000,000) aggregate for personal injury,
bodily injury, and property damage.
B. Professional Liability Insurance with limits no less than one million dollars
($1,000,000) per occurrence.
Any payment of deductible or self-insured retention shall be the sole responsibility of
ADCOMM. ADCOMM's insurance shall contain a clause stating that coverage shall
apply separately to each insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
Contract for Professional Services
ADCOMM Engineering Company
Page 6
13. Intergovernmental Purchasing.
ADCOMM agrees to make available to other public agencies as allowed under applicable
local and state regulations similar services for the same terms and conditions as outlined
in this contract.
14. Contract Renewal.
This contract is renewable on a yearly basis by written request of Client. Any changes
made in the contract at that time will be made by written contract addendum and signed
by both parties.
15. Severability.
A. It is understood and agreed by the parties hereto that if any part, term or provision
of this agreement is held by the courts to be illegal, the validity of the remaining
provisions shall not be affected, and the rights and obligations of the parties shall
be construed and enforced as if the agreement did not contain the particular
provision held to be invalid.
B. If it should appear that any provision hereof is in conflict with any statute of the
State of Washington, said provision which may conflict therewith shall be deemed
modified to conform to such statutory provision.
16. Entire Agreement.
The parties agree that this agreement is the complete expression of the terms hereto and
any oral representations or understandings not incorporated here in are excluded.
17. Waiver of Terms.
It is also agreed by the parties that the forgiveness of the nonperformance of any
provision of this agreement does not constitute a waiver of the provision of this
agreement.
ADCOMM Engineering Company City of Pasco
Joe Blaschka, President (date) Joyce Olson, Mayor (date)
Contract for Professional Services
ADCOMM Engineering Company
Page 7
ATTACHMENT A
Statement of Work
City of Pasco
Dispatch Center Options Study
The following statement of work outlines the tasks and deliverables required to complete the
City of Pasco Dispatch Center Options Study.
1. Analysis of the current system would include the following tasks:
• A comprehensive analysis of existing services, service providers, and costs.
• Research existing procedures, protocols, and department mission objectives.
• Interviews with first responders to establish the level of effectiveness of the current
• System.
• A high-level technical audit to determine the type, age, condition, and estimated
reliability of communications hardware currently in use.
• A high-level FCC radio license review.
2. Research and recommend dispatch alternatives and options:
• Overview of other regional dispatch operations and services provided.
• Advantages, disadvantages, and best practices of "in-house" dispatch models
including startup, sustaining activities, and estimated "one-time" and recurring costs.
• High-level analysis of funding strategies available through taxing authorities, grants,
and public private partnerships with emphasis on Pasco.
• Research interoperable regional radio communications systems in use or planned and
suitability for Pasco.
• High-level cost comparisons of existing system and feasible options.
3. Evaluation of Radio System Alternatives and a summary report that precedes the final
dispatch center option report.
4. Summary of findings and recommendations.
Estimated schedule to complete the study is 120 days with a start date estimated to be January 1,
2009. ADCOMM will attempt to start the project earlier, especially the radio system option
analysis.
The cost will be $49,000 a single fixed fee due at the completion of the project.
Contract for Professional Services
ADCOMM Engineering Company
Page 8
AGENDA REPORT NO. 23
FOR: City Council October 2, 2008
TO: Gary Crutchfi Manager
FROM Robert J. Albe
W_fox
is Works Director Workshop Mtg.: 10/13/08
SUBJECT: Hydrant Meter Policy
I. REFERENCE(S):
1. . Draft Hydrant Meter Policy
11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
10113: Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) Fire hydrant meters are meters that are attached to fire hydrants in order for a
contractor to have large volumes of water for construction purposes. The water
typically goes into a water truck. Any contractor can obtain a hydrant meter by
applying for a meter, paying a deposit and accounting setup fee, and agreeing to
self read and report the water used, pay for the water used, and return the meter
within a year for inspection and calibration. The number of fire hydrant meters
requested by contractors has increase from six in 1995 to fifty-six in 2007.
V. DISCUSSION:
A) Due to the high construction activity in recent years, there has been a high demand
for construction water. In order to accommodate the contractors, the same policy
used in the 1990's prior to the explosion of construction activity has been used up
to this time. With the slow down, staff believes it is times to implement a new
strategy and policy. The drawbacks of the existing policy includes a high deposit
($900.00), poor management records for the water used, lost meters, damage to
meters, uncontrolled operation by contractor's employees of fire hydrants, and
improper reporting of water usage.
B) The draft policy still allows contractors to have construction water as before only
under more oversight by the City. Although not established at this time, the large
deposit fee would be eliminated and replaced with a setup fee which would be less
than $200.00. The City staff would install the hydrant meters, operate the fire
hydrants in most cases, and read the meters for water usage. The policy also
reflects the installation of meter stations for water used by service contractors and
others who would find it easier to used a meter station than applying for a hydrant
meter.
C) The policy is in draft form. Any changes in fees and charges would first have to
be approved by Council. Staff would like to implement a new policy within the
next three to four months.
4(9)
PROPOSED POLICY
FIRE HYDRANT METERS
9/30/08
A. Policy Statement and Purpose:
1.0 There are times when large amounts of water are needed for a construction
project and the only source of water available would be from a fire
hydrant. At no time other than by the City Employ es and the County Fire
District can water be withdrawn from a fire without first going
through a City fire hydrant meter. The ose of this policy is to
establish the criteria and circumstances in c drant meter would be
approved for usage and operation criteria.
f
t
2.0 This policy replaces any past olicies and will me effective
, 2008. All ex' Fire drant meters s returned
by , 2008. After ter ve been ret ed, any re-
issuance or approval to use a hydran e one under this policy.
B. Installation and use of a hydra
J
1.0 Fire hydrant meters will e a on a ject basis as outlined in
Section C. The City staff S 11, ' t ove the hydrant meter from
fire hyd `"�" e City sta all opera the fire hydrant. The applicant
l.
will ize th ve on the drant meter for controlling water flows.
Th of too p era , fire hydrant other than outlined in
�
Section '`
` �°` t in will be installed within .24 hours of approval or in
;0^' accord `" with~ d to written schedule. The City staff will remove
the hydra eter in cordance with this policy.
3.0 e City c works hours are 7.00am to 3:30pm, Monday through
T Engineering Division work hours are 8:00am to 5:OOpm,
Mo .. ` ough Friday.
4
C. Use Criteria
1.0 Approval criteria using water trucks:
1.1 City Capital Improvement Project— Contractor under contract with
the City will be allowed water from a fire hydrant as specified in
the Contract Document. Use shall be for construction and dust
control. Specific hydrants will be identified for use by the City.
1.2 Subdivision/Land Development Construction -- Need will be
evaluated in conjunction with the development plans. Applicant
shall identify the need for hydrant water, location for work to be
performed, a time table and schedule for the water, and dust
control plan. Dust control plan shall identify when a ground cover
would be applied and water for dust control is no longer needed.
City crews will install a hydrant meter on the City selected fire
hydrant in the work area.
1.3 Commercial/Industrial Development Co truction — Need for
hydrant water will be evaluated in con'. with development
plans. Hydrant water for site grad' Js acceptable unless the
developments domestic water me uffice. A plan for
utilizing water from a fire hydr meter domestic meter for
dust control shall be provide e .ew an oval by the City.
City crew will install a rant meter on the selected fire
hydrant.
1.4 Residential Construction— Si ch residential house will have a
residential wa r meter, a fire t will in most cases not be
approved for c ction water st control. Any applicant
must demonstrat for a fire h meter.
2.0 Approval criteria for hand es
2.1 app t wishing attach a hand line to a fire hydrant meter
r and ay for const n will have to demonstrate the need.
e u_ire a mestic water meter, the domestic water
s met of er, should be the source for construction
ter ust control. This policy recognizes that there may be a
f mate to use the hydrant meter until the domestic meter
is vated. he applicant, however, must demonstrate a good
fait ort o have the domestic water meter installed at the very
begi ng of the project. An installation schedule for the domestic
met' will be provided with the request.
3.0 Servi ontractors:
3.1 Service contractors are those who need large volumes of water to
provide hyrdoseeding, sewer pipeline cleaning, and street
sweeping / cleaning services. These companies will be allowed a
fire hydrant meter and permission to operate fire hydrants until
retracted by the City. Retraction will occur after water fill stations
are made available by the City.
4.0 Contractor authorized use of a fire hydrant. There will be situations where
a contractor will be assigned the responsibility of opening and closing a
fire hydrant as listed below:
4.1 Dust Control — If a contractor needs water outside of the City crew
work hours and dust is a problem, the Contractor has permission to
operate the fire hydrant.
4.2 Cold Weather — If a contractor wishes to have water from a fire
hydrant meter during periods of cold ather and freezing a
possibility, the Contractor will have a to operate the fire
hydrant and will be responsible for ages to the fire hydrant
or hydrant meter due to the cold w e
5.0 Meter Billings and Liability:
5.1 The contractor/applica '11 be ponsible for g for the
water used and any dam to t drant meter ue to their
operation. The City staff w the hydrant meter for billing
except for ser `ce contractors. ce contractors will self report
meter readings ly. Payment be made within 14 days of
receipt of the bil
5.2 Non- ayment or d n t will be sufficient cause to
r, '`` e hydrant er from t project site or the return of the
ydran er from se "ce contractors.
D. Application For
may' irk
1 atio is available at the Public Works Field office.
E. '
1.0 es will b n accordance PMC Chapter 3.07. This chapter includes a
}' efund ' e fee, a hydrant installation fee and usage changes.
r
AGENDA REPORT NO. 62
FOR: City Council October 8, 2008
TO: Gary Crutchfie anager Workshop Mtg.: 10/13/2008
Rick White, Dir c •�{ Regular Mtg.: 10/20/2008
Comm ity & Economic Development
FROM: Jeff Adams, Associate Planner
SUBJECT: Wagenaar U.S. Army Reserve Center
I. REFERENCE(S):
A. Professional Services Agreement with Scope of Work and Fee Schedule
B. Statutory Planning Timeline
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
10/13 Discussion
10/20 MOTION: I move to approve the Professional Services Agreement with Meier
Enterprises Inc. and further, authorize the City Manager to sign the
agreement.
III. FISCAL IMPACT:
Use of approximately $40,000 Federal Grant.
IV. HISTORY AND FACTS BRIEF:
A. The PFC Daniel L. Wagenaar U.S. Army Reserve Center in Pasco was selected
for closure under the 2004 round of Base Realignment and Closure (BRAC) as
part of the transformation of the Reserve Component in Washington.
B. The Port of Pasco initiated Local Redevelopment Authority (LRA) role but
withdrew in January 2008, in view of perceptions that the Port had a conflict of
interest. Consequently, the Department of Defense Office of Economic
Adjustment requested the City assume the LRA role.
C. The Pasco City Council has since approved Resolution 3074 designating the City
of Pasco as the (LRA). The City intends to essentially start over with outreach and
reuse planning to ensure that the process is free of perceived conflicts.
D. The City of Pasco received a grant for about $40,000 to defray most of the costs
of the BRAC process by contracting for consulting assistance. Staff'subsequently
requested qualifications from land use and economic development consultants to
assist in the planning process.
V. DISCUSSION:
A. Two consultant submittals were received. City staff evaluated both submittals.
Following the evaluation, staff is of the opinion that Meier Enterprises, Inc. is the
most qualified firm. Meier is recommended due to specific training and past
experience with the Base Realignment and Closure (BRAC) process, familiarity
with the current project, and for experience with development issues in the cities
of Pasco, Kennewick and Richland.
B. Staff recommends Council approve of the attached professional services
agreement with Meier Enterprises, Inc.
4(h)
PROFESSIONAL SERVICES
AGREEMENT
THIS AGREEMENT, made and entered into between the City of Pasco,
hereinafter referred to as the "City", and Meier Enterprises, Inc., a Washington
Corporation hereinafter referred to as "Consultant."
WHEREAS, the City desires to engage the professional services and
assistance of a consulting firm to provide consulting services with respect to base reuse
planning for the PFC Daniel L. Wagenaar U.S. Army Reserve Center.
NOW, THEREFORE, in consideration of mutual benefits accruing, it is
agreed by and between the parties hereto as follows:
1. Scope of work. The scope of work shall include all services and
material necessary to accomplish the above mentioned objectives in accordance with the
Scope of Work that is marked as Exhibit A, attached hereto and incorporated herein by
this reference.
2. Ownership and use of documents. All research, tests, surveys,
preliminary data and any and all other work product prepared or gathered by the
Consultant in preparation for the services rendered by the Consultant and shall not be
considered public records, provided, however, that:
A. All final reports, presentations and testimony prepared by the
Consultant shall become the property of the City upon their presentation to and
acceptance by the City and shall at that date become public records.
B. The City and the US Office of Economic Adjustment, the US
Comptroller General, and any of their authorized representatives shall have the right,
upon reasonable request, to inspect, review and, subject to the approval of the Consultant,
copy any work product.
C. In the event that the Consultant shall default on this
Agreement, or in the event that this contract shall be terminated prior to its completion as
herein provided, the work product of the Consultant, along with a summary of work done
to date of default or termination, shall become the property of the City and tender of the
work product and summary shall be a prerequisite to final payment under this contract.
The summary of work done shall be prepared at no additional cost.
3. Payments. The Consultant shall be paid by the City for completed
work for services rendered under this Agreement as provided hereinafter. Such payment
shall be full compensation for work performed or services rendered and for all labor,
materials, supplies, equipment and incidentals necessary to complete the work.
A. Payment for work accomplished under the terms of this
Agreement shall be as set forth on the fee schedule found in Exhibit B, provided, in no
event shall the payment for all work performed pursuant to this Agreement exceed the
sum of$35,000.
B. All vouchers shall be submitted by the Consultant to the City
for payment pursuant to the terms of this Agreement. The City shall pay the appropriate
amount for each voucher to the Consultant. The Consultant may submit vouchers to the
City biweekly during the progress of the work for payment of completed phases of the
project. Billings shall be reviewed in conjunction with the City's warrant process.
C. The costs records and accounts pertaining to this Agreement
are to be kept available for inspection by representatives of the City for a period of three
(3) years after final payment and after all other pending matters are closed. Copies shall
be made available upon request.
D. Access to books, documents, records, and papers, and accounts
pertaining to this Agreement shall be made available to the City, the Office of Economic
Adjustment, and the US Comptroller General,and any of their authorized representatives
for the purpose of making audit, examination, excerpts, and transcriptions.
4. Time of performance. The Consultant shall perform the work
authorized by this Agreement promptly in accordance with the receipt of the required
.governmental approvals. Work shall commence upon approval of this contract by the
City Council and shall be completed according to the Statutory Planning Timeline found
in Exhibit D.
5. Hold harmless aureement. In performing the work under this
contract, Consultant agrees to protect, indemnify and save the City, its officials and
employees ("City") harmless from and against any and all injury or damage to the City or
its property, and also from and against all claims, demands, and cause of action of every
kind and character arising directly or indirectly, or in any way incident to, in connection
with, or arising from the negligent acts of the Consultant, its agent, employees,
representatives or subcontractors in the performance of professional services under the
terms hereof. Consultant specifically promises to indemnify the City against claims or
suits brought under Title 51 RCW by its employees or subcontractors and waives any
immunity that the Consultant may have under that title with respect to, but only to, the
City. Consultant further agrees to fully indemnify City from and against any and all costs
of defending any such claim or demand to the end that the City is held harmless
therefrom. This paragraph shall not apply to damages or claims resulting from the sole
negligence of the City.
6. General and professional liability insurance. The Consultant shall secure
and maintain in full force and effect during performance of all work pursuant to this
contract a policy of comprehensive general liability insurance providing coverage of at
least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000
per occurrence and aggregate for property damage; and professional liability insurance in
the amount of $1,000,000. Such general liability policies shall name the City as an
additional insured and shall include a provision prohibiting cancellation of said policy,
except upon thirty (30) days written notice to the City. The City shall be named as the
certificate holder on the general liability insurance. Certificates of coverage shall be
delivered to the City within fifteen (15) days of execution of this Agreement.
7. Discrimination prohibited. Consultant shall not discriminate
against any employee or applicant for employment because of race, color, religion, age,
sex, national origin or physical handicap (As per U.S. Executive Order 11246 of
September 24, 1965, US. Executive Order 11375 of October 13, 1967& D.O.L. 41 CFR
Chapter 60).
8. Consultant is an independent contractor. The parties intend that
an independent contractor relationship will be created by this Agreement. No agent,
employee or representative of the Consultant shall be deemed to be an agent, employee or
representative of the City for any purpose. Consultant shall be solely responsible for all
acts of its agents, employees, representatives and subcontractor during the performance
of this contract.
9. City approval. Notwithstanding the Consultant's status as an
independent contractor, results of the work performed pursuant to this contract must meet
the approval of the City.
10. Termination. This being an Agreement for professional services,
either party may terminate this Agreement for any reason upon giving the other party
written notice of such termination no fewer than ten (10) days in advance of the effective
date of said termination.
This agreement for professional services may be terminated by the City for
cause which may include:
A. Abandonment or failure of performance
B. Substantial breech uncorrected within fifteen (15) days of written notice.
C. Performance falling below the standard care of professional engineering
services that remain uncorrected after fifteen (15)days advance written notice,
D. Actions violating any State, Federal or local rules, regulations or
ordinance.
The City may terminate this Agreement upon advance thirty (30) day written notice of
loss or insufficient funding for completion of the project, or an election by the City to
terminate or not to proceed with this project.
Consultant may terminate this Agreement upon substantive breech by the City of its
requirements under this Agreement which remain uncured after fifteen (15) days advance
written notice.
11. Integration. The Agreement between the parties shall consist of
this .document and the Consultant's proposal attached hereto as Exhibit C. These
writings constitute the entire Agreement of the parties and shall not be amended except
by a writing executed by both parties. In the event of any conflict between this written
Agreement and any provision of Exhibit A,this Agreement shall control.
12. Non-waiver. Waiver by the City of any provision of this Agreement
or any time limitation provided for in this Agreement shall not constitute a waiver of any
other provision.
13. Non-assignable. The services to be provided by the contractor shall
not be assigned or subcontracted without the express written consent of the City.
14. Covenant against contingent fees. The Consultant warrants that he
has not employed or retained any company or person, other than a bona fide employee
working solely for the Consultant, to solicit or secure this contract, and that he has not
paid or agreed to pay any company or person, other than a bona fide employee working
solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any
other consideration contingent upon or resulting from the award of making of this
contract. For breach or violation of this warranty, the City shall have the right to annul
this contract without liability or, in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee (as per Copeland "Anti-Kickback" Act 18 U.S.C.
874).
15. Notices. Notices to the City of Pasco shall be sent to the following
address:
CITY OF PASCO
P. O. BOX 293
PASCO, WA 99301
Notices to the Consultant shall be sent to the following address:
Meier Enterprises, Inc.
8697 Gage Blvd
Kennewick, WA 99336
Receipt of any notice shall be deemed effective three (3) days after deposit of written
notice in the U. S. mails, with proper postage and properly addressed.
16. General Provisions.
For the purpose of this agreement, time is of the essence, In the event a dispute regarding
the breech, interpretation, or enforcement of this Agreement, the parties shall first meet in
a good faith attempt to resolve or mediate the dispute. In the event, it remains unresolved
by mediation, the dispute shall be resolved by arbitration pursuant to RCW 7.04A, the
Mandatory Rules of Arbitration. Venue for such arbitration shall be placed in Pasco,
Washington, and the prevailing party shall be awarded its attorney fees and costs as
additional judgment against the other party.
DATED THIS DAY OF ,2008.
CITY OF CONSULTANT:
By: By:
Mayor M.E.I.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
STATE OF WASHINGTON )
)ss
COUNTY OF )
On this day of , 2008 me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared , to me known to be the of
the corporation that executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that he/she was authorized to execute said
instrument and that the seal affixed is the corporate seal of said corporation.
WITNESS my hand and official seal hereto affixed the day and.year first above
written.
NOTARY PUBLIC
My commission expires:
Exhibit "A"
SCOPE OF WORK—Wagenaar Reserve Center, Pasco, WA
Task 0: Pre-Project Imperatives
■ Prepare grant application and apply for Federal assistance
Task l: Project Start-Up
• Obtain Consultant assistance (to be completed by City of Pasco staff)
• Gather LRA information (with consultant assistance)
• Request LRA Recognition
• Revise Scope of Work for completing the BRAC process as needed (completed by
City of Pasco staff with consultant assistance)
Task 2: Develop and implement public involvement process and outreach program
• Identify stakeholders
• Develop plan for public involvement and outreach to homeless assistance providers
and public benefit eligible entities
• Coordinate identification of regional homeless agencies with HUD
• Collect information on homeless needs in the vicinity of the installation
(i.e_ Continuum of Care, etc)
• Prepare Notice of Availability of Surplus Property (outreach notice) and instructions
for submitting Notices of Interest
• Conduct outreach to homeless assistance providers and public benefit conveyance
eligible entities
• Hold public workshop for those interested in submitting a Notice of
Interest
• Provide Notice of Interest applications and instructions to interested
homeless assistance providers
Task 3: Analysis and Integration of Existing Conditions Investigations and Surveys
■ Review Buildings inventory
■ Review Personal Property inventory
• Review Environmental Condition of Property Report (ECP)
■ Provide input on filling of data gaps
Task 4: Planning
• Develop goals and vision for reuse of the Wagenaar ARC
• Evaluate Notices of Interest from homeless assistance providers and public benefit
agencies
• Identify approximately 3 reuse alternatives for the site for further evaluation
• Evaluate adjacent land uses and compatible development options
• Determine uses compatible with environmental condition
• Develop draft redevelopment plan:
° Objective of plan: Provide a sustainable, comprehensive plan for redevelopment
of property that stakeholders and LRA agree upon.
Redevelopment plan contents: a) facility description, b) requirements for
Notice of Interest from interested parties, c) public involvement process, d)
Sc.VF (*"YORK Final Wagenarir Center 10-09-2008 d0c
Last printed 10/kK_1008 3:22:00
Exhibit "A"
discussion of alternative uses, e) redevelopment plans vs. environmental
condition, f) proposed land use, g) preferred option for redevelopment, h)
schedule for redevelopment, g) preferred conveyance process. The
redevelopment plan should be accompanied by a homeless submission that will
include, a) description of the homeless needs in the vicinity of the installation, b)
description of outreach process followed, c) evaluation of Notices of Interest
received from homeless assistance providers, d) description of homeless
accommodations, if any, e) legally binding agreements, if any, reached with
homeless assistance providers, and t) summary of public comments.
Redevelopment Plan and Homeless Submission preparation: plan and
application to be developed by consultant based on decisions and input provided
by LRA.
• Hold public hearing to take final comments or remarks
• Make use recommendation and finalize redevelopment plan and homeless assistance
submission
Proposed Schedule:
Jun. 4, 2008 OEA recognizes City of Pasco LRA
Aug. 1-Sep. 1, 2008 Develop public process and outreach program
Aug. 1, 2008 Advertise NOI Workshop and Letter to Homeless Agencies
Sep. 24, 2008 NOT Workshop
Dec. 1, 2008 Advertised NOI acceptance period ends
Dec 31, 2008 Maximum 180-day NOT acceptance period ends
Jan 1- May 30, 2009 Existing Conditions Investigations and Surveys
Jan 1- May 30, 2009 Develop Property Alternatives
Jan 1- May 30, 2009 Refine Concept and develop Preliminary Alternatives
Jan l- May 30, 2009 Prepare Draft Redevelopment Plan
Jan 1- May 30, 2009 Make Use Recommendation and Finalize Redevelopment Plan
Jun 18, 2009 Public Hearing on Draft Redevelopment Plan
July 16, 2009 Public Meeting& Recommendation to City Council
Sep 7, 2008 Resolution to City Council
Sep 27, 2009 Homeless and PBC applications due
Sep 27, 2009 Submit Plan to Army and HUD
f , S('OP1:: OF \1 OR K.. 1=iiial
1'a-C ? of
Last printed 101"9.,2008 ;:??:(1U rm
MEIER Enterprises, Inc.
8697 Gage Boulevard Kennewick,WA 99336
phone 509.735.1589 fax 509.783.5075
Exhibit B www.meiennc.corn
October 9, 2008
MEIER GENERAL RATE TABLE
CATEGORY BASE RATE
Project Manager/Principal Architect 105.00
Architect/Planner 92.00
Designer/Planner 70.00
Technical Editor 55.00
Administrative Assistant 55.00
BASE POINT GENERAL RATE TABLE
CATEGORY BASE RATE
Planner 99.00
rates are subject to review and change on an annual calendar year basis
10/9/08
MEIER Enterprises, Inc.
8697 Gage Boulevard Kennewick,WA 99336
I phone 509.735.15139 tax 509.783.5075
www.nxiiwinc.corn
October 9, 2008 EXHIBIT C
.leff Adams
Associate Planner
City of Pasco
Community and Economic Development
525 North Third Avenue
Pasco WA 99301
RE: PROPOSAL FOR BAST:REDEVELOPMENT PLANNING PROCESS
WAGENAAR RESERVIE CENTER, 1011 E. AINSWORTH,PASCO, WASHINGTON
Dear.Leff,
Thank you for your notification that MEIER Enterprises, Inc. (M.EIER) and Base Point have
been selected as consultants to continue and complete the work for the redevelopment of the P>~C
Daniel L. Wagenaar Reserve Center site. The work will be in cotliunction with the efforts of the
City of Pasco, acting as the Local Redevelopment Authority.
The process will be in aligmment with the Department of Defense `Base Redevelopment and
Realignment Manual", and in accordance with the Base Closure Community Redevelopment and
Homeless Assistance Act of 1994, as amended.
Our scope will follow the tasks outlined in "Exhibit A" of the City of Pasco Professional
Services Agreement, and the schedule included with the scope of work. The schedule indicates
completion with the final Redevelopment Plan submission to YlUD and DOD in late September,
2009.
We propose to complete the described work on a time and expense basis, not to exceed
$35,000.00. A rate schedule for MEIER and .Base Point is attached, and is considered to be
Exhibit B to the Professional Services Agreement. Invoices for accrued labor and expenses will
be billed monthly.
As mentioned in our original letter of interest, MEIER is excited about the opportunity to assist
the City of Pasco, and we look forward to commencement of the work.
Sincerely,
Rick Giberson
Dir Projects/Principal Architect
RAG:sj m
Attachment
Proposal No. P08-0297
Letter No. 08-616
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AGENDA REPORT NO. 25
FOR: City Council October 9, 2008
TO: Gary Crutchfi i anager
FROM: Robert J. Alb sd1 b&Works Director Workshop Mtg.: 10/13/08
Regular Mtg.: 10/20/08
SUBJECT: WSDOT Local Agency Agreement/I-182 Road 100 Interchange Loop Ramp
I. REFERENCE(S):
1. Proposed Agreement
2. Map
11. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
10/13: Discussion
10/21: MOTION: I move to approve the Local Agency Agreement with WSDOT
for the I-182 Road 100 Interchange Loop Ramp on a time and
material basis not to exceed $1,779,006.00, and further,
authorize the Mayor to sign the agreement.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) In July 2005 the City and WSDOT entered into an agreement (GCA 4559) for
improvements at Broadmoor Blvd. and I-182. The agreement includes the Access
Decision Report and the design of the improvements constructed in 2006.
V. DISCUSSION:
A) The proposed agreement is to continue the improvements that were identified in
the 2005 Access Decision Report. The project is to design and construct a new
I-182 west bound loop on-ramp from Broadmoor Blvd. The majority of the funds
will be federal funds and competitive STP funds. The City will provide
approximately $200,000 in matching funds from the Arterial Street Fund. The
state requests $69,200 to finish the design and complete the bid document. The
schedule is to bid the project in February 2008. The total estimated cost of project
is approximately $1.8 million.
Staff recommends Council approve the agreement with the fee not to exceed
$1,779,006.00.
4(i)
LOCAL AGENCY AGREEMENT FOR STATE AD AND AWARD
AGREEMENT NUMBER, GCA 5871
CITY of PASCO/I-182; Road 100 Interchange- SW LOOP RAMP
This Agreement is made and entered into between the STATE OF WASHINGTON,
Department of Transportation, hereafter the"STATE," and CITY of PASCO.,hereinafter
the "LOCAL AGENCY."
WHEREAS, the LOCAL AGENCY has secured funding for improvement of the 1-182/
Road 100 Interchange to add the SW Loop Ramp (hereinafter, Project), and
WHEREAS, the LOCAL AGENCY previously requested and the STATE modified this
interchange by design and construction of other modifications and including completion
of an Access Point Decision Report securing Federal approval to add this loop ramp
through a previous Agreement, GCA 4559, and
WHEREAS, the LOCAL AGENCY now requests the STATE to secure permits and
design approvals, prepare Plans, Specifications and Estimate (PS&E), advertise and, if
bid is acceptable, award and administer the construction of the Project, and
WHEREAS, the STATE has agreed to perform the requested work on behalf of the
LOCAL AGENCY,
NOW, THEREFORE, pursuant to RCW 47.28.140 and in consideration of the provisions,
covenants, terms, conditions and performance contained herein or attached and
incorporated and made part hereof, IT IS MUTUALLY AGREED AS FOLLOWS:
1 Term of Agreement
1.1 Unless otherwise provided herein, the term of this Agreement shall
commence as of the date this Agreement is entered into and shall continue
until the Project is accepted by the LOCAL AGENCY pursuant to Section 9
and all Project related costs are reimbursed to the STATE.
2 Design
2,1 The LOCAL AGENCY will review and approve the Project PS&E prior
to contract advertisement for bid.
2.2 The Project PS&E will be prepared by the STATE in accordance with
the current State of Washington Standard Specifications for Road, Bridge and
Municipal Construction (Standard Specifications), and amendments thereto
and adopted design standards, unless otherwise noted herein.
Agreement GCA 5871 Page 1 of 9
Pasco--Rd 100 VC Loop Ramp
2.3 The STATE will obtain all necessary permits.
2.4 The STATE will prepare the contract documents.
3 Project Ad and Award
3.1 The STATE will advertise the Project for construction bids in
accordance with the STATE's Standard Specifications and/or amendments
thereto.
3.2 The Project cost estimate for construction is shown in Exhibit A,
attached hereto and by this reference made a part of this Agreement.
3.3 Upon bid opening, the STATE shall submit a list of bid tabulations and
bid results to the LOCAL AGENCY prior to award of the Project.
3.4 In the event bids exceed the Project cost estimate, the STATE shall
request written concurrence in contract award or rejection from the LOCAL
AGENCY. The LOCAL AGENCY shall provide written concurrence in
contract award within 15 working days of receipt of the STATE's written
request for concurrence. If the LOCAL AGENCY does not notify the STATE
within fifteen (15) working days, or as mutually extended in writing, the
STATE will reject all bids. The LOCAL AGENCY shall be responsible for
all costs incurred by the STATE, including design costs, up to and including
costs associated with rejection of bids.
3.5 If the Project is to be re-advertised, the provisions of this Agreement
shall still apply between the LOCAL AGENCY and the STATE. All
additional costs for re-advertisement of the Project shall be the LOCAL
AGENCY's obligation.
4 Construction
4.1 The STATE will be the LOCAL AGENCY's representative during
construction and will act as lead agency in the administration of the
construction Project. A description of the work to be accomplished on the
Project and location of the Project is shown in Exhibit B, attached hereto and
by this reference made a part of this Agreement. The Project Contract Plans
and Specifications are by this reference made a part of this Agreement as if
fully attached herein. The STATE has designated a STATE Project Engineer
to provide all necessary services and tools, including but not limited to
construction administration, inspection, materials testing, and the
representation necessary to administer and manage the construction contract
for the Project to ensure that the work is constructed in accordance with the
Contract Plans and Specifications.
4.2 The LOCAL AGENCY may consult with and inquire of the STATE
Project Engineer, attend all meetings, and have access to all documentation as
Agreement GCA 5871 Page 2 of 9
Pasco—Rd 100 VC Loop Ramp
to all matters concerning the Project. The LOCAL AGENCY shall not
provide direction, directly or indirectly to the contractor. All formal contacts
between the LOCAL AGENCY and the STATE's contractor shall be through
the STATE's representative.
4.3 The STATE will prepare the final construction documentation in general
conformance with the STATE Construction Manual. The STATE will maintain
one set of plans as the official "as-built" set, then make notations in red ink of all
plan revisions typically recorded per standard STATE practices, as directed by
the Construction Manual. Once final acceptance of the Project has occurred, the
STATE will submit one reproducible set of as-built plans to the LOCAL
AGENCY within 45 working days.
5 Termination
5.1 This Agreement shall terminate upon completion of the work and
acceptance of the Project pursuant to Section 9, or if the Parties determine that
Project continuation is no longer feasible pursuant to Section 8.8.
5.2 The Governor or Secretary of Transportation (Secretary) may terminate
this Agreement without liability in whole, or from time to time in part, for
public convenience, whenever:
5.2.1 The STATE is prevented from proceeding with the work as a
direct result of an Executive Order of the President of the United States
of America (President) with respect to the prosecution of war or in the
interest of national defense, or an Executive Order of the President or
Governor of the State of Washington with respect to the preservation of
energy resources.
5.2.2 The STATE or STATE's contractor is prevented from
proceeding with the work by reason of a preliminary, special, or
permanent restraining order of a court of competent jurisdiction where
the issuance of such order is primarily caused by the acts or omissions of
persons or agencies other than the STATE or STATE's contractor.
5.2.3 The Governor or Secretary determines that such termination is in
the best interests of the STATE.
5.3 If this Agreement is terminated, any claim by the STATE's contractor
for costs associated with the termination shall be processed and resolved
pursuant to Section 10.
6 Payment and Records
6.1 The LOCAL AGENCY, in consideration of the faithful performance of
the construction administration work to be done by the STATE, agrees to
reimburse the STATE for all of the STATE's actual direct salary and related
Agreement GCA 5871 Page 3 of 9
Pasco—Rd 100 IIC Loop Ramp
direct non-salary costs associated with the Project construction administration
work, said cost obligation shall commence on the day of bid advertisement.
Further, the LOCAL AGENCY, in consideration of the faithful performance
of the construction work to be performed by the STATE's contractor, agrees
to reimburse the STATE all construction cost, including all costs associated
with change orders and change ordered work.
6.2 An itemized cost estimate for construction of the Project is set forth in
Exhibit A. The cost of the construction includes items set forth in the bid
documents. Construction contingencies of 4% shall be used for cost
increases, including any change orders. Construction engineering of 15%
shall include all STATE costs incurred in advertising, awarding and
administering the Project construction.
6.3 The STATE will hold progress cost estimate review meetings with the
contractor as needed. The STATE will invite the LOCAL AGENCY to
participate in these reviews. The LOCAL AGENCY may audit the STATE's
payment applications and all costs in connection with the Project. STATE's
overhead cost recovery rate will not be charged pursuant to the Reciprocating
Agreement for Overhead Charges agreement OH 00172, executed on June 3,
1996.
6.4 The STATE shall invoice the LOCAL AGENCY for STATE costs and
construction work. The LOCAL AGENCY agrees to make payment to the
STATE to cover the costs incurred within thirty (30) days after invoice
receipt, except for the final invoice. Invoices and payments are not to be more
frequent than one (1) per month.
6.5 Payments made by the LOCAL AGENCY shall not constitute the
LOCAL AGENCY's acceptance of the appropriateness of any cost item. At
the time of final invoice, all required adjustments will be made and reflected
in the final payment.
6.6 Records; During the progress of the work, the STATE shall keep all
Project records. Upon LOCAL AGENCY's acceptance of the Project, the
STATE shall provide the LOCAL AGENCY with all Project Records, and the
LOCAL AGENCY agrees to maintain the Project records for a period of not
less than three (3) years from the date of receipt. The records and accounts
pertaining to the work and accounting thereof are to be kept available for
inspection and audit by the LOCAL AGENCY and/or federal government,
and copies of all records, accounts, documents, or other data pertaining to the
work will be furnished upon request. If any litigation, claim, or audit is
commenced, the records and accounts along with supporting documentation
shall be retained until all litigation, claim, or audit finding has been resolved
even though such litigation, claim, or audit continues past the three-year
retention period.
Agreement GCA 5871 Page 4 of 9
Pasco—Rd 100 I/C Loop Ramp
6.7 The LOCAL AGENCY agrees to the STATE's use of previously
authorized Federal SAFETEA-LU funds for preliminary and construction
engineering and to provide 2009 Federal STP(U) funds for use by STATE for
construction expenses including construction administration that exceed the
available SAFETEA-LU funds.
6.8 The LOCAL AGENCY agrees to pay Local Match on Federal STP(U)
funds.
6.9 The LOCAL AGENCY agrees that if payment for the work is not made
within ninety (90) days after receipt of a STATE invoice, the STATE may
deduct and expend any monies to which the LOCAL AGENCY is entitled to
receive from the Motor Vehicle Fund, as provided by RCW 47.24.050, until
full payment for the work is received by the STATE.
6.10 The LOCAL AGENCY agrees that it shall be solely liable for all
construction contractor costs and shall hold harmless the STATE from the
payment of any of said costs. Further, the LOCAL AGENCY agrees that it
shall be liable for all STATE costs incurred, including reasonable attorneys
fees, should the LOCAL AGENCY fail to pay construction contractor costs.
7 Increased Costs
7.1 In the event unforeseen conditions require an increase in costs over the
contract award amount (including sales tax) by more than 10 percent, the
LOCAL AGENCY agrees to amend this Agreement to cover said increase.
8 Change Orders
8.1 Changes to the contract will be documented by change order as defined
in the current edition of the Standard Specifications, and amendments thereto.
8.2 Required change orders involve such changes in quantities or alterations
in the work as are necessary to satisfactorily complete the Project as
determined by the STATE. All other change orders shall be considered
elective. The STATE shall process all required change orders in the manner
as set forth in subsection 1-2.4C(3), Approval of Changes, STATE
Construction Manual, current edition.
8.3 The LOCAL AGENCY hereby authorizes the STATE to initiate,
negotiate, document and execute all required change orders.
8.4 The STATE will advise the LOCAL AGENCY of any proposed required
change order and provide it with an opportunity, if time permits, to review the
change order before execution. The STATE will determine the length of the
review time based upon the need to expedite the change order to avoid delay
to the Project.
Agreement GCA 5871 Page 5 of 9
Pasco—Rd 100 UC Loop Ramp
8.5 Any elective change order shall require the written approval of the
LOCAL AGENCY. A decision to execute an elective change order shall be
made by mutual agreement of the STATE and LOCAL AGENCY.
8.6 The LOCAL AGENCY may request additions to the contract (elective
change orders) through the STATE. The STATE will comply with the
requested change provided that the change complies with the Standard
Specifications, Project permits, state and/or federal law and applicable rules
and/or regulations and/or design policies.
8.7 The STATE will make available to the LOCAL AGENCY all change
order documentation.
8.8 In the event it is determined that the LOCAL AGENCY does not have
sufficient funds to complete the Project, the STATE and the LOCAL
AGENCY shall negotiate to determine the future of the Project. If it is
determined that the Project cannot proceed, the Project shall be brought to a
level that is safe for public use and the STATE will terminate the construction
contract. In the event the contract is terminated under this section, Section 9
shall apply for that portion of the Project up to the time of termination. All
costs associated with construction contract termination will be the
responsibility of the LOCAL AGENCY.
9 Project_Acceptance
9.1 Prior to Project acceptance, the STATE and LOCAL AGENCY will
perform a joint final inspection. The LOCAL AGENCY agrees, upon
satisfactory completion of the work involved and receipt of Notice of Physical
Completion, as determined by the STATE, to deliver a letter of acceptance
which shall include a release of the STATE from all future claims or demands
of any nature resulting from the performance of the STATE's work and the
construction work under this Agreement, subject to any contractor claims for
the construction work or contractor claims caused by the negligent acts or
omissions of the STATE in administering the Project pursuant to Section 10.1.
9.2 If a letter of acceptance is not received by the STATE within 90 days
following Notice of Physical Completion of the Project work, the STATE's
work and the construction work shall be considered accepted by the LOCAL
AGENCY and shall release the STATE and contractor from all future claims
and demands of any nature resulting from the performance of the STATE's
work and construction work, subject to any contractor claims for the
construction work or contractor claims caused by the negligent acts or
omissions of the STATE in administering the Project pursuant to Section 10.1.
9.3 The LOCAL AGENCY may withhold its acceptance of the STATE's
work and/or construction work by submitting written notification to the
STATE within 90 days following Notice of Physical Completion of the work.
This notification shall include the reason(s) for withholding the acceptance.
Agreement GCA 5871 Page 6 of 9
Pasco —Rd 100 I/C Loop Ramp
10 Claims
10.1 Claims for Additional Payment
10.1.1 In the event the contractor makes a claim for additional payment,
the STATE will immediately notify the LOCAL AGENCY of such
claims. Such claims shall be made in the manner and form as provided
for in the Standard Specifications.
10.1.2 The LOCAL AGENCY shall have the right to review and
discuss the settlement of all claims. The ultimate decision to pay a
claim will be by mutual agreement of the LOCAL AGENCY and the
STATE. In the event such claims are not resolved, the LOCAL
AGENCY shall defend such claims at its own cost and shall pay any
court judgment or arbitration award resulting from such claims,
provided that the LOCAL AGENCY shall not be obligated to pay such
claims or the cost of defense to the extent that the claims are caused by
the negligent acts or omissions of the STATE in administrating the
construction contract. The STATE will cooperate with the LOCAL
AGENCY in the LOCAL AGENCY's defense of the claim(s). The
LOCAL AGENCY shall reimburse any STATE costs incurred in
providing such assistance.
10.2 Claims for Damages
10.2.1 After Project acceptance, in the event of claims for damages or
loss attributable to bodily injury, sickness, death, or injury to or
destruction of property that occurs within the Project limits, the
LOCAL AGENCY shall defend such claims and hold the STATE
harmless therefrom and the STATE shall not be obligated to pay any
such claim or the cost of defense. Nothing in this section, however,
shall remove from the STATE any responsibilities defined by the
current laws of the State of Washington or from any liabilities for
damages caused by the STATE's own negligent acts or omissions
independent of the work performed under this Agreement.
11 Disputes
11.1 In the event that a dispute arises under this Agreement, it shall be
resolved as follows:
11.2 The STATE and the LOCAL AGENCY shall each appoint a member to
a disputes board, these two members shall select a third member not
affiliated with either Party. The three-member board shall conduct a
dispute resolution hearing that shall be informal and unrecorded. An
attempt at such dispute resolution in compliance with aforesaid process
shall be a prerequisite to the filing of any litigation concerning the
dispute. The cost of the third member will be paid by the LOCAL
Agreement GCA 5871 Page 7 of 9
Pasco—Rd 100 I/C Loop Ramp
AGENCY; however, each Party shall be responsible for its own costs
and fees.
12 General Provisions
12.1 Right of Entry and Ownership of the Proiect
12.1.1 The LOCAL AGENCY hereby grants to the STATE a right of
entry upon all land in which the LOCAL AGENCY has an interest for
the purpose of constructing the Project and, if necessary, maintaining
the improvements prior to Project acceptance.
12.1.2 Upon completion of the Project, ownership of all improvements
and facilities located on the LOCAL AGENCY's right of way shall be
the LOCAL AGENCY's and all future operation and maintenance of
the LOCAL AGENCY's improvements and facilities shall be at the
sole cost of the LOCAL AGENCY and without expense to the STATE.
12.2 Modification
12.2.1 No modification of this Agreement is valid unless evidenced in
writing by amendment to this Agreement and signed by both Parties. No
verbal agreement may supersede, replace or amend this Agreement.
12.3 Assignment
12.3.1 Neither Party to this Agreement shall transfer or assign any right
or delegate any obligation hereunder without the prior written consent of
the other Party.
12.4 Severability
12.4.1 Should any section, term or provision of this Agreement be
determined to be invalid, the remainder of this Agreement shall not be
affected and the same shall continue in full force and effect.
12.5 Legal Relations
12.5.1 The Parties shall protect, defend, indemnify, and hold harmless
each other and their employees, authorized agents, and/or contractors,
while acting within the scope of their employment as such, from any
and all costs, claims,judgments, and/or awards of damages (both to
persons and/or property), arising out of, or in any way resulting from,
each Party's obligations to be performed pursuant to the provisions of
this Agreement. The Parties shall not be required to indemnify, defend,
or save harmless the other Party if the claim, suit, or action for injuries,
death, or damages (both to persons and/or property) is caused by the
negligence of the other Party; Provided that, if such claims, suits, or
actions result from the concurrent negligence of(a) the STATE, its
Agreement GCA 5871 Page 8 of 9
Pasco—Rd 100 VC Loop Ramp
employees, authorized agents, or contractors and (b) the LOCAL
AGENCY, its employees or authorized agents, or involves those
actions covered by RCW 4.24.115, the indemnity provisions provided
herein shall be valid and enforceable only to the extent of the
negligence of each Party, its employees, authorized agents, and/or
contractors.
12.5.2 The LOCAL AGENCY agrees that its obligations under this
section extend to any claim, demand and/or cause of action brought by,
or on behalf of, any of its employees or agents. For this purpose, the
LOCAL AGENCY, by mutual negotiation, hereby waives with respect
to the STATE only, any immunity that would otherwise be available
against such claims under the Industrial Insurance provisions of chapter
51.12 RCW.
12.5.3 This indemnification and waiver shall survive the termination
of this Agreement.
12.5.4 In the event that either Party deems it necessary to institute
legal action or proceedings to enforce any right or obligation under this
Agreement, the Parties agree that any such action or proceedings shall
be brought in Thurston County superior court. Further, the Parties
agree that each will be solely responsible for payment of their own
attorneys fees, witness fees, and costs.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
Party's date signed last below.
LOCAL AGENCY WASHINGTON STATE
CITY of PASCO DEPARTMENT OF TRANSPORTATION
By:
Print Name Don Whitehouse, Regional Administrator
Signature Date
Title
Date
Agreement GCA 5871 Page 9 of 9
Pasco—Rd 100 I/C Loop Ramp
AGREEMENT GCA 5871
EXHIBIT A- COST ESTIMATE
I-182/ROAD 100 INTERCHANGE-SW LOOP RAMP
I.182, MP 6.3 TO MP 7.4
PRELIMINARY ENGINEERING ESTIMATE Date: August 2008
W T—Days Time(Hr) Rate Total
Hydraulic Report
Engineer 15 120 $47 $5,640.00
Region Review 5 40 $50 $2,000.00
Headquarter Review 5 40 $55 $2,200.00
Interchange Plan
Engineer 2 5 40 $47 $1,880.00
Cadd Operator 5 40 $42 $1,680.00
Region Review 3 24 $50 $1,200.00
PS&E
Engineer 3 10 80 $50 $4,000.00
Engineer 2 20 160 $47 $7,520.00
Cadd Operator 30 240 $42 $10,080.00
Region Review 20 160 $50 $8,000.00
Traffic Office
Signal Revision Est $6,000.00
Illumination Revision Est $2,000.00
Signing Revision Est $2,000.00
HQ PS&E Review and Publication
PS&E Review,Print&Advertise Est $10,000.00
Envirornental Program
Complete NEPA/review Existing Documentation Est $5,000.00
Total Preliminary Engineering Estimate $69,200.00
Agreement GCA 5871 Exhibit A Page t of 3
AGREEMENT GCA 5871
EXHIBIT A-COST ESTIMATE
I-1821 ROAD 100 INTERCHANGE-SW LOOP RAMP
1-182, MP 6.3 TO MP 7.4
CONSTRUCTION ESTIMATE Date: August 2008
STD ITEM UNIT
ITEM NO. NO. ITEM UNIT PRICE QUANT. AMOUNT
PREPARATION
1 0001 MOBILIZATION IS $75,096.00
2 0025 CLEARING AND GRUBBING ACRE $2,500.00 11.40 $28,500.00
3 0090 REMOVING CEMENT CONC.PAVEMENT SY $30.00 448.00 $13,440.00
GRADING
4 0310 ROADWAY EXCAVATION INCL.HAUL CY $6.75 4[,500.00 $280,125,00
5 0470 EMBANKMENT COMPACTION CY $2.00 10,900.00 $21,800.00
DRAINAGE
6 3482 CL.V REINF.CONC.STORM SEWER PIPE IS IN DIAM. LF $45.00 732.00 $32,940.00
SURFACING
7 5100 CRUSHED SURFACING BASE COURSE TON $11.00 11,275.00 $124,025.00
ASPHALT CONCRETE PAVEMENT
8 5767 HMA CL.Ill IN.PG.64.28 TON $80.00 5,650.00 $452,000.00
9 5830 JOB MIX COMPLIANCE PRICE ADJUSTMENT CALC. • $13,560.00
10 5835 COMPACTION PRICE ADJUSTMENT CALC. $9,040.00
EROSION CONTROL
11 6414 SEEDING,FERTILJZING,AND MULCHING ACRE $1200.00 11.40 $13,680.00
TRAFFIC
12 6776 PRECAST CONC.BARRIER TYPE 2 LF $28.00 1,936.00 $54,208.00
13 6781 TEMPORARY CONCRETE BARRIER LF $12.00 3,640.00 $43,680.00
14 7440 TEMPORARY IMPACT ATTENUATOR EACH $3,500.00 2.00 $7,000.00
15 6832 FLEXIBLE GUIDE POSTS EACH $24.00 106.00 $2,544.00
16 6806 PAINT LINE LF $0.20 30,725.00 56,145.00
17 6858 PAINTED STOP LINE LF $6.00 168.00 $1,008.00
18 6890 PERMANENT SIGNING LS. $10,000.00 L00 $10,000.00
19 6904 ILLUMINATION SYSTEM L.S. $50,000.00 1.00 $50,000.00
20 6912 TRAFFIC SIGNAL SYSTEM(Additional cost) L.S. $60,000.00 L00 $60,000.00
21 6956 SEQUENTIAL ARROW SIGN HR $3.00 300 $900.00
22 6973 OTHER TEMPORARY TRAFFIC CONTROL LS. $2,000.00 1 $2,000.00
23 6980 FLAGGERS AND SPOTTERS HR $35.00 400 $14,0ftOO
24 6974 TRAFFIC CONTROL SUPERVISOR LS. $10,000.00 1 $10,000.00
Agreement GCA 5871 Exhibit A Page 2 of 3
AGREEMENT GCA 5871
EXHIBIT A-COST ESTIMATE
I-182/ROAD 100 INTERCHANGE-SW LOOP RAMP
I-182, MP 6.3 TO MP 7.4
CONSTRUCTION ESTIMATE(Con'd) Date: August 2008
STD ITEM UNIT
ITEM NO. NO. ITEM UNIT PRICE QUANT. AMOUNT
OTHER ITEMS
25 7725 REIMBURSEMENT FOR THIRD PARTY DAMAGE EST. $5.00
26 7728 CREDIT/DEBITS-MINOR CHANGE CALL. -$1.00 41.00
27 7735 SPCC PLAN L.S. $1.000.00 51,000.00
SUBTOTAL W/O MOBILIZATION $1.251,600.00
MOBRIZATION@ 6% $75,096.00
SUBTOTAL WITH MOBILIZATION $1,326,696.00
SALES TAX @ 8.3% $110,116.00
SUBTOTAL $1,436,812.00
ENGINEERING @ 15% $215,522.00
CONTINGENCIES @ 4% $57,472.00
CONSTRUCTION TOTAL ESTIMATE $1,709,806.00
PRELIMINARY ENGINEERING TOTAL ESTIMATE $69,200.00
TOTAL AGREEMENT COST ESTIMATE(Preliminary and Construction) $1,779,006.00
(See EXTRA WORK clause)If it is anticipated that this threshold will be exceeded,the
Project Manager must Initiate an Amendment to this Agreement prior to incurring
expenses above the Agreement Total Threshold Amount.
Notes:
The above Construction Engineering&Administration percentage is an estimate only. Actual direct salary and direct non-
L) salary costs incurred will be charged,not to exceed the Agreement Total Threshold Amount
2.) Administrative Overhead=Not Applicable,see Reciprocal Overhead Agreement OH00172.
Agreement GCA 5871 Exhibit A Page 3 of 3
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AGREEMENT GCA 05871
EXHIBIT B - Plans and Specifications
CITY OF PASCO
I-182; Road 100 Interchange-Loop Ramp
The work proposed under this Agreement contemplates the improvement of I-182, Road 100
Interchange by adding the SW Loop Ramp, a collector distributor lane at the west end of the
interchange and modify the existing traffic signal system to fit the revised roadway configuration.
Work to be Performed by the State
1. Design and secure all approvals and documentation for the improvements.
2. Prepare all contract documents for advertisement of the Project.
3. Advertise, Award, and Execute the contract for construction of the Project.
4. Administer the construction of the Project.
5. Provide all surveying, and inspection, for the Project.
Work to be Performed by the Local Akency
1. Review and approve PS&E prior to contract advertisement.
2. Review and approve/reject contract bids if they exceed the engineer's estimate.
3. Review and approve/disapprove any major changes to contract documents.
4. Reimburse the State for all actual direct salary and related direct non-salary costs,
including contract payments to the contractor, associated with the Project.
The LOCAL AGENCY and the STATE have identified the following individuals as project
engineers:
STATE PE LOCAL AGENCY PE
Moe Davari, P.E. Bob Alberts, P.E.
1655 Fowler P.O. Box 293
Richland, WA 99350 Pasco, WA 99301
Phone: 509 222-2400 Phone: 509 545 3444
Agreement GCA05871 Exhibit B Sheet 1 of 2 Sheets
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AGENDA REPORT NO. 24
FOR: City Council October 2, 2008
TO: Gary Crutchfi //�]] ' an
FROM Robert J. Alb ;h' lic Works Director Workshop Mtg.: 10/13/08
Regular Mtg.: 10/20/08
SUBJECT: Proposed Franchise for PacifiCorp
I. REFERENCE(S):
I. Proposed Franchise Ordinance
II. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS:
10/13: Discussion
10/20: MOTION: I move to adopt Ordinance No. approving the
Franchise with PacifiCorp, and further authorize publication by
summary only.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) The current PacifiCorp Franchise Agreement executed in November of 1998 is
nearing expiration. The new franchise agreement will replace the old.
V. DISCUSSION:
A) The new PacifiCorp Franchise Agreement outlines the conditions for PacifiCorp
to operate their system in the City of Pasco within the areas shown in Exhibit A.
Staff is unaware of any past issues causing the City and PacifiCorp to be in
conflict. Staff recommends approval of the new franchise agreement.
4(j)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, GRANTING TO
PACIFICORP, AN OREGON CORPORATION DOING BUSINESS AS PACIFIC POWER &
LIGHT COMPANY, A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, INSTALL,
OPERATE, AND MAINTAIN AN ELECTRICAL POWER TRANSMISSION AND
DISTRIBUTION SYSTEM IN, ON, OVER, UPON, ALONG, AND ACROSS CERTAIN
DESIGNATED PUBLIC RIGHTS-OF-WAY OF THE CITY OF PAS CO, WASHINGTON,
PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS, AND CONDITIONS WITH
RESPECT THERETO, AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS, PacifiCorp, an Oregon Corporation, d.b.a. Pacific Power ("PacifiCorp"), is
a regulated public utility that provides electric power.and energy to the citizens of the City of
Pasco (the "City") and other surrounding areas shown in Exhibit A; and
WHEREAS, providing electrical power and energy requires the installation, operation
and maintenance of power poles and other related facilities°to be located within the public ways
of the City shown in Exhibit A; and
WHEREAS, the City desires to set forth the terms and conditions by which PacifiCorp
shall use the public ways of the City; and
WHEREAS, the City Council has the authority under RCW 35A.47.040 to grant
franchises for the use of its streets and other public properties.
NOW, THEREFORE,be it ordained by the City:
SECTION 1.'Grant of Franchise and General Utility Easement. The City hereby grants to
PacifiCorp the right, privilege and authority to construct, maintain, operate, upgrade, and relocate
its electrical distribution and transmission lines and related appurtenances, including
underground conduits and -structures; poles, towers, wires, guy anchors, vaults, transformers,
transmission :lines, and communication lines (collectively referred to herein as "Electric
Facilities") in, under, along, over and across the present and future streets, alleys, and public
ways (collectively'?referred:;to herein as "Public Ways") within the City, for the purpose of
supplying and transmitting electric power and energy to the inhabitants of the City and persons
and corporations beyond the limits thereof. PacifiCorp shall apply for and obtain a Construction
Permit pursuant to PMC Chapter 12.2 prior to site-specific location and installation of any and all
such electrical power facilities.
All other Franchises heretofore granted by the City to PacifiCorp or its predecessors in
interest of which it has acquired for utilization of streets, avenues, right-of-way, roads, alleys,
lands or other public places within the City for electrical power, are cancelled and superseded in
their entirety by this Franchise
SECTION 2. Term. The term of this Franchise and General Utility Easement is for 10 (ten)
years commencing on the date of acceptance by the Company as set forth in Section 3 below.
SECTION 3. Acceptance by PacifiCorp. Within sixty (60) days after the passage of this
ordinance by the City, PacifiCorp shall file an unqualified written acceptance thereof, with the
City Recorder, otherwise the ordinance and the rights granted herein shall be null and void.
SECTION 4. Non-Exclusive Franchise. The right to use and occupy the Public Ways of the
City shall be nonexclusive and the City reserves the right to use the Public Ways for itself or any
other entity that provides water or sewerage service to City residences; provided, however, that
such use shall not unreasonably interfere with PacifiCorp's Electric Facilities or PacifiCorp's
rights granted herein.
SECTION 5. City Regulatory Authority. In addition to the provision herein contained, the
City reserves the right to adopt such additional ordinances and regulations as may be deemed
necessary in the exercise of its police power for the protection of the health, safety and welfare of
its citizens and their properties or exercise any other rights, powers, or duties required or
authorized, under the Constitution of the State of Washington,, the laws of Washington or City
Ordinances.
SECTION 6. Indemnification/Insurance.
6.1 Indemnification. The City shall in noway be liable or responsible for any loss or
damage to property or any injury to, or death, of any person that may occur in the construction,
operation or maintenance by PacifiCorp of its Electric Facilities. PacifiCorp shall indemnify,
defend and hold the City harmless from and against claims, demands, liens and all liability or
damage of whatsoever kind on account of PacifiCorp's use of the Public Ways within the City,
and shall pay the costs of defense plus reasonable attorneys' fees for any claim, demand or lien
brought thereunder. The City shall: (a) give prompt written notice to PacifiCorp of any claim,
demand or lien with respect to whichthe City seeks indemnification hereunder; and (b) unless in
the City's judgment a conflict?of interest exists between the City and PacifiCorp with respect to
such claim,demand or lien, permit PacifiCorp to assume the defense of such claim, demand, or
lien with counsel;satisfactory,to City. If such defense is not assumed by PacifiCorp, PacifiCorp
shall not be subject to liability for any settlement made without its consent. Notwithstanding any
provision hereof to the contrary, PacifiCorp shall not be obligated to indemnify, defend or hold
the City harmless to the extent any claim, demand or lien arises out of or in connection with any
negligent or willful act or failure to act of the City or any of its officers or employees.
6.2 Insurance. During the term of this Franchise, PacifiCorp shall maintain in full
force and effect, at its own cost and expense, insurance against claims for injuries to persons or
damage to property which may arise from or in connection with the performance of the work
hereunder by PacifiCorp, its agents, representatives, employees, or subcontractors.
2
PacifiCorp shall provide a certificate of insurance naming the City, its officials, boards,
commissions, agents, and/or employees as additional insureds evidencing: (1) automobile
liability insurance with limits no less than $2,000,000.00 combined single limit per accident for
bodily injury and property damage; and (2) commercial general liability insurance written on a
claims first-made basis with limits no less than $2,000,000.00 per claim and $4,000,000.00
general aggregate for personal injury, bodily injury, and property damage. Coverage shall
include, but not be limited to blanket contractual, products/completed operation, broad form
property damage, explosion, collapse and underground (XCU) if applicable, and employer's
liability.
PacifiCorp's insurance shall contain a clause stating that coverage shall apply separately
to each insured against whom claim is made or suit is brought,:except with respect to the limits
of the insurer's liability. PacifiCorp's insurance shall he primary insurance-with respect to the
City, and any insurance maintained by the City shall not contribute with it. PacifiCorp shall file
a certificate of insurance required by this Section, with the City upon acceptance of this
Franchise.
The insurance policy and certificate shall contain a I provision stating that it may not be
canceled, suspended, or reduced in coverage without thirty (30) days advance written notice to
the City. In the event that the policy is canceled;suspended, or reduced in coverage, PacifiCorp
shall provide a replacement certificate evidencing the insurance coverage required by this Section
at least fifteen (15) days prior to the cancellation, suspension, or reduction in coverage of the
existing policy,
PacifiCorp shall have the right to satisfy the insurance obligations set forth above through
a program of self-insurance.
SECTION 7. Annexation.
7.1 Extension of City Limits. Upon the annexation of any territory to the City, the
rights granted herein shall extend to the annexed territory to the extent the City has such
authority. All Electrical Facilities owned, maintained, or operated by PacifiCorp located within
any public ways of.the annexed'territory shall thereafter be subject to all of the terms hereof.
7.2 Annexation. When any territory is approved for annexation to the City, the City
shall, not later than ten (10) working days after passage of an ordinance approving the proposed
annexation, provide by certified mail to PacifiCorp: (a) each site address to be annexed as
recorded on county assessment and tax rolls; (b) a legal description of the proposed boundary
change; and (c) a copy of the City's ordinance approving the proposed annexation. The notice
shall be mailed to:
3
PacifiCorp Customer Contact Center
Attn: Annexations
P.O. Box 400
Portland, Oregon 97202-0400With a copy to:
PacifiCorp
Attn: Office of the General Counsel
Suite 2000
825 N E Multnomah
Portland, Oregon 97232
Additional or increased fees or taxes, other than ad valorem'taxes, imposed on PacifiCorp as a
result of an annexation of territory to the City shall become'effective on the effective date of the
annexation if notice is given to PacifiCorp by certified mail not later than ten(10) working days
after the effective date of the annexation. However, :if notification of the effective date of the
annexation is provided to PacifiCorp later than the tenth (10`hj working day after the effective
date of the annexation, the additional or increased fees or taxes will become effective on the date
of the notification.
SECTION 8. Planning, Design, Construetion-and Installation of Company Facilities.
8.1 All Electric Facilities installed`;or used under authority of this Franchise shall be
used, constructed and maintained in accordance with applicable federal, state and city laws,
codes and regulations.
8.2 Except in the case of an emergency, PacifiCorp shall, prior to commencing new
construction or major reconstruction work in the public way or street or other public places,
apply for a permit from the City which permit shall not be unreasonably withheld, conditioned,
or delayed. PacifiCorp will abide by all applicable ordinances and all reasonable rules,
regulations and requirements of the City, and the City may inspect the manner of such work and
require remedies as may be necessary to assure compliance. Notwithstanding the foregoing,
PacifiCorp'shall not be obligated to obtain a permit to perform emergency repairs.
8.3 All Electric Facilities shall be located so as to cause minimum interference with
the Public Ways of the City'and shall be constructed, installed, maintained, cleared of vegetation,
renovated or replaced in accordance with applicable rules, ordinances and regulations of the City.
8.4 If, during the course of work on its Electrical Facilities, PacifiCorp causes damage
to or alters the Public Way or public property, PacifiCorp shall (at its own cost and expense and
in a manner approved by the City) replace and restore it to a condition comparable to that which
existed before the work commenced.
8.5 In addition to the installation of underground electric distribution lines as
provided by applicable state law and regulations, PacifiCorp shall, upon payment of all charges
4
provided in its tariffs or their equivalent, place newly constructed electric distribution lines
underground as may be required by City ordinance.
8.6 The City shall have the right without cost to use all poles and suitable overhead
structures owned by PacifiCorp within Public Ways for City wires used in connection with its
fire alarms, police signal systems, or other communication lines used for governmental purposes;
provided, however, any such uses shall be for activities owned, operated or used by the City for a
public purpose and shall not include the provision of CATV, internet, or similar services to the
public. Provided further, that PacifiCorp shall assume no liability nor shall it incur, directly or
indirectly, any additional expense in connection therewith, and the use of said poles and
structures by the City shall be in such a manner as to prevent safety hazards or interferences with
PacifiCorp's use of same. Nothing herein shall be construed to require PacifiCorp to increase
pole size, or alter the manner in which PacifiCorp attaches its equipment:to poles, or alter the
manner in which it operates and maintains its Electric Facilities. City attachments shall be
installed and maintained in accordance with the reasonable requirements of PacifiCorp and the
current edition of the National Electrical Safety Code pertaining to such construction. Further,
City attachments shall be attached or installed only after written approval by PacifiCorp.
8.7 PacifiCorp shall have the right to excavate the Public Ways subject to reasonable
conditions and requirements of the City. Before installing new' underground conduits or
replacing existing underground conduits, PacifiCorp shall first notify the City of such work and
shall allow the City, at its own expense, to share the'treh of PacifiCorp to lay its own conduit
therein, provided that such action by the City will not unreasonably interfere with PacifiCorp's
Electric Facilities or delay project completion.
8.8 Before commencing any street improvements or other work within a Public Way
that may affect PacifCorp''s Electrie Fae lities,.the City shall give written notice to PacifiCorp.
8.9 No structurps, buildings or signs shall be erected below PacifiCorp's facilities or
in a location that prevents`PacifiCorp from accessing or maintaining its facilities.
SECTION'9. °Relocation of Electric Facilities.
9.1 The'City reserves the right to require PacifiCorp to relocate overhead Electric
Facilities within the Public Ways in the interest of public convenience, necessity, health, safety or
welfare at no cost to the City. Within a reasonable period of time after written notice, PacifiCorp
shall promptly commence the overhead relocation of its Electrical Facilities. Before requiring a
relocation of Electric Facilities, the City shall, with the assistance and consent of PacifiCorp,
identify a reasonable alignment for the relocated Electric Facilities within the Public Ways of the
City. The City shall assign or otherwise transfer to Company all right it may have to recover the
cost for the relocation work and shall support the efforts of PacifiCorp to obtain reimbursement.
9.2 PacifiCorp shall not be obligated to pay the cost of any relocation that is required
or made a condition of a private development. If the removal or relocation of facilities is caused
5
directly or otherwise by an identifiable development of property in the area, or is made for the
convenience of a customer, PacifiCorp may charge the expense of removal or relocation to the
developer or customer. For example, PacifiCorp shall not be required to pay relocation costs in
connection with a road widening or realignment where the road project is made a condition or
caused by a private development. In such event, the City shall require the developer to pay
PacifiCorp for such relocation costs as part of its approval procedures.
SECTION 10. Subdivision Plat Notification.
Before the City approves any new subdivision and before recordation of the plat, the City shall
mail notification of such approval and a copy of the plat to PacifiCorp:
PacifiCorp
Attn: Property Management/Right-of-Way Department
825 NE Multnomah, Suite 1700
Portland, Oregon 97232
SECTION 11. Veeetation Management. PacifiCorp or its'contractor may prune all trees and
vegetation which overhang the Public Ways, whether such trees or vegetation originate within or
outside the Public Ways, to prevent the branches or limbs or otherpart of such trees or vegetation
from interfering with PacifiCorp's Electrical='Facilities. Such pruning shall comply with the
American National Standard for Tree Care Qperation "(ANSI A300) and be conducted under the
direction of an arborist certified with the International Society of Arboriculture. A growth
inhibitor treatment may be used for trees and 'vegetation species that are fast-growing and
problematic. Nothing contained in this Section shall prevent PacifiCorp, when necessary and
with the approval ofa the:owner of the property on`which they may be located, from cutting down
and removing any trees which overhang streets.
SECTION.12. Renewal. At least 180 days'prior to the expiration of this Franchise, PacifiCorp
and the City shall agree to either.'extend the term of this Franchise for a mutually acceptable
period of time or the parties`shall use best faith efforts to renegotiate a replacement Franchise.
SECTION'13. No Waiver.; Neither the City nor PacifiCorp shall be excused from complying
with any of the terms and conditions of this Franchise by any failure of the other, or any of its
officers, employees, or agents, upon any one or more occasions to insist upon or to seek
compliance with any such terms and conditions.
SECTION 14. Transfer of Franchise. PacifiCorp shall not transfer or assign any rights under
this Franchise to another entity, except transfers and assignments by operation of law, unless the
City shall first give its approval in writing, which approval shall not be unreasonably withheld;
provided, however, inclusion of this Franchise as property subject to the lien of PacifiCorp's
mortgage(s) shall not constitute a transfer or assignment.
SECTION 15. Amendment. At any time during the term of this Franchise, the City, through its
City Council, or PacifiCorp may propose amendments to this Franchise by giving thirty(30) days
6
written notice to the other of the proposed amendment(s) desired, and both parties thereafter,
through their designated representatives, will, within a reasonable time, negotiate in good faith in
an effort to agree upon mutually satisfactory amendment(s). No amendment or amendments to
this Franchise shall be effective until mutually agreed upon by the City and PacifiCorp and
formally adopted as an ordinance amendment.
SECTION 16. Non-Contestability--Breach of Contract.
16.1 Neither the City nor PacifiCorp will take any action for the purpose of securing
modification of this Franchise before either the Washington, Utility and Transportation
Commission or any Court of competent jurisdiction; provided, however, that neither shall be
precluded from taking any action it deems necessary to resolve difference in interpretation of the
Franchise nor shall PacifiCorp be precluded from seeking relief from the :Courts in the event
Washington Utility and Transportation Commission orders, rules or regulations;conflict with or
make performance under the Franchise illegal.
16.2 In the event PacifiCorp or the City fails to fuifilt any of their respective obligations
under this Franchise, the City, or PacifiCorp, whichever the case may be, will have a breach of
contract claim and remedy against the other in addition to any,other remedy provided by law,
provided that no remedy which would have the effect of amending the specific provisions of this
Franchise shall become effective without such action :which would be necessary to formally
amend the Franchise.
SECTION 17. _Recovery of'Costs. PacifiCorp shall be subject to all applicable permit fees
associated with activities undertaken through the authority granted in this Franchise or under the
laws of the City as set forthin the Pasco Municipal Code and/or City ordinance.
The City reserves the right to impose and collect from PacifiCorp all taxes, fees and charges
permitted by:RCW`35:21.860 as`currently or hereafter amended or otherwise provided by state
law.
SECTION 18. Abandonment and:Removal of PacifiCorp's Electrical Power Distribution
Facilities. Upon the expiration or 'termination of this Franchise and consistent with the
provisions of PMC Section ::15.70.260, PacifiCorp shall remove all of its electrical power
distribution facilities from the`public ways of the City within one hundred eighty (180) days of
receiving written notice front the Public Works Director.
Except as specifically provided by PMC Title 15, PacifiCorp shall not be allowed to abandon any
of its electrical power distribution facilities within the public ways of the City or upon public
property subject to this Franchise.
SECTION 19. Forfeiture and Revocation. The rights granted under this Franchise may be
revoked or forfeited as provided in Chapter 15.90 of the Pasco Municipal Code; provided, that
the City may elect, in lieu of the above and without any prejudice to any of its other legal rights
and remedies, to obtain an order from the superior court having jurisdiction compelling
7
PacifiCorp to comply with the provisions of this Franchise and to recover damages and costs
incurred by the City by reason of PacifiCorp's failure to comply.
SECTION 20. Dispute Resolution. Should any dispute arise concerning the enforcement,
breach or interpretation of this Agreement, the parties shall first meet in good faith effort to
resolve the dispute, however, if unresolved, the dispute shall be resolved by binding arbitration
pursuant to RCW 7.04A, the Mandatory Rules of Arbitration. Venue shall be placed in Franklin
County, Washington, and the prevailing party shall be awarded attorney fees and costs.
SECTION 21. Repealer. Upon the effective date of this Ordinance and acceptance of such
Ordinance and Franchise by PacifiCorp, Ordinance No 3318.shall be repealed in its entirety.
SECTION 22. Notices. Unless otherwise specified herein, any notices or information required
or permitted to be given to the parties under this Franchise shall be sent to the following
addresses:
City PacifiCorp
Director of Public Works Customer and Community Affairs
CITY OF PASCO Vice President,,*,,' ;
PO Box 293 PACIFIC POWER
Pasco WA 99320 825 NE Multnomah
Lloyd Center Tower
Suite 2000
Portland OR 97232
and such other office as PacifiCorp
may advise the City of by written notice.
SECTION 23. Severability. If any section, sentence, paragraph, term or provision hereof is for
any reason determined to be illegal, invalid, or superseded by other lawful authority including
any state or federal regulatory-authority having jurisdiction thereof or unconstitutional, illegal or
invalid by any court of common jurisdiction, such portion shall be deemed a separate, distinct,
and independent provision and such determination shall have no effect on the validity of any
other section, sentence, paragraph, term or provision hereof, all of which will remain in full force
and effect for the term of the Franchise or any renewal or renewals thereof.
PASSED by the City Council of the City of , Washington this day of
200 .
Joyce Olson, Mayor
8
ATTEST: APPROVED AS TO FORM:
Debra. L. Clark, City Clerk Leland B. Ken, City Attorney
9
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AGENDA REPORT
TO: City Council October 10, 2008
FROM: Gary Crutchf Manager Workshop Mtg.: 10/13/08
SUBJECT: City Council istricts
I. REFERENCE(S):
1. PMC Chapter 1.10 "Voting Districts"
2. Table, Population and Registered Voters,by Precinct
3. Map, Five District Option B
4. Map, Five District Option C
5. Map, Five District Option D
6. Map, Three District Option A
7. Map, Three District Option B
8. Map, Three District Option C
9. RCW 29A.16.040
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
10/13: Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) PMC Chapter 1.10 provides that five of the seven City Council positions be filled by
citizens residing in the respective district. The Ordinance was established in 1971 in
an effort to assure geographic representation and, in particular, to assure an opportunity
for ethnic representation on the City Council. As a precaution (to assure "equal
representation", as required under the constitution), the Ordinance further requires that
no district may be more than 10% greater or smaller than another district ("10%rule").
B) Given ordinary community growth rates, City Council districts were revised once every
10 years, following the decennial federal census. With the rapid growth of Pasco over
the past eight years, however, the district boundaries have required adjustment every
two years in order to comply with the "10% rule." The last effort (2007) illustrated
that the ability to comply with the 10% rule with five districts is becoming so difficult
as to be improbable without starting over entirely(the existing composition of districts
is so bound by precincts and current Council residency, that it becomes improbable to
define an effective change without displacing a current City Councilmember).
C) At the September 22 workshop meeting, Council reviewed the options available to
sustain a five-district system (see References 3, 4 and 5). In addition, Council
discussed the disparity between "population" and "registered voters" reflected in
Reference 2. Lastly, Council requested staff identify options for a three-district
system, for Council discussion(References 6, 7 and 8).
V. DISCUSSION:
A) The three-district options (References 6, 7 and 8) are designed to provide a district "on
the hill," one "in riverview" and the third "inside the old highway." The variation
between the three options is minor, as the size of precincts in the older part of the city
continues to frustrate the ability to fine-tune the district boundaries (as is the case with
the five-district options as well). Whether the city stays with a five-district system or
moves to a three-district system, it is apparent that the size of precincts will continue to
be problematic.
4(k)
B) With regard to precinct size, Council should note that RCW 29A.16.040 (Reference 9)
confers upon the County Commission the sole authority to determine the number and
size of precincts. Indeed, RCW 29A.16.040(2) states the County Commissioners
"...may establish by ordinance a limitation on the maximum number of active
registered voters in each precinct..." In reviewing the precincts prescribed by the
County for the city, one notes they range in number of registered voters from a high of
635 to as low as 78. Despite that range of disparity, most precincts in the city range
between 200 and 400 registered voters.
C) A significant issue is the legal obligation that the city use population (not registered
voters) when fixing Council district boundaries. There is a substantial difference
between those two factors, particularly in the older part of the city (see Reference 2).
Given the legal obligations associated with the City Council district boundaries, it is
imperative that that city work with the County so as to establish a better appreciation
for the need to have smaller precincts. Failing that, the city will continue to face
difficultly in sustaining Council districts that are within the 10% population disparity
rule.
D) Council should discuss the matter of Council Districts again and give direction to staff
as to:
1. Precinct size;
2. Preferred district option;
3. Timing of amendment process (public hearing)
CHAPTER 1.10 VOTING DISTRICTS
Sections:
1.10.010 NUMBER OF DIVISIONS - EQUAL POPULATION IN EACH................. 14
1.10.020 DISTRICT ONE............................................................................. 14
1.10.030 DISTRICT TWO............................................................................ 14
1.10.040 DISTRICT THREE. ........................................................................ 14
1.10.050 DISTRICT FOUR........................................................................... 15
1.10.060 DISTRICT FIVE. ........................................................................... 15
1.10.070 ELECTION OF COUNCILMEN COUNCILMAWAT-LARGE. ................... 15
1.10.080 COUNCILMEN - RESIDENTIAL REQUIREMENT REMOVAL................. 15
1.10.090 RE-ESTABLISHMENT OF DISTRICT BOUNDARIES. .......................... 16
1.10.100 ANNEXATION............................................................................... 16
1.10.110 RECALL PETITIONS...................................................................... 16
1.10.120 FILLING VACANCIES..................................................................... 16
1.10.130 VOTING PRECINCTS..................................................................... 16
1.10.010 NUMBER OF DIVISIONS - EQUAL POPULATION IN EACH. The City is
divided into five voting districts. Each district shall be as nearly equal in population as
possible; compact as possible; consist of geographically contiguous area; be configured
as to not favor or disfavor any racial group or political party; and to the extent feasible,
coincide with the existing recognized natural boundaries so as to preserve existing
communities of related and mutual interest. (Ord. 3472 Sec. 1, 2001; Ord. 1472 Sec. 1,
1971.)
1.10.020 DISTRICT ONE. Voting district one shall encompass the area within
the City of Pasco comprised of precinct numbers one, two, six and fifty, as those
precincts are described on the maps and property descriptions on file with the Auditor
of Franklin County. (Ord. 3832, 2007; Ord. 3724 Sec. 1, 2005; Ord. 3625 Sec. 1, 2003;
Ord. 3476 Sec. 1, 2001; Ord. 3240 Sec. 1, 1997; Ord. 2943, Sec. 1, 1993; Ord, 2824
Sec. 1, 1991; Ord. 1871 Sec. 1 (part), 1977.)
1.10.030 DISTRICT TWO. Voting district two shall encompass the area within
the City of Pasco comprised of precinct numbers three, nine, twelve, thirteen, fifteen,
sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-four and twenty-
five as those precincts are described on the maps and property descriptions on file with
the Auditor of Franklin County. (Ord. 3832, 2007; Ord. 3724 Sec. 2, 2005; Ord. 3625
Sec. 2, 2003; Ord. 3476 Sec. 2, 2001; Ord. 3240 Sec. 1, 1997; Ord. 2943, Sec. 2, 1993;
Ord. 1871 Sec. 1 (part), 1977.)
1.10.040 DISTRICT THREE. Voting district three shall encompass the area
within the City of Pasco comprised of precinct numbers four, five, seven, eight, ten,
eleven, forty-four, forty-seven, forty-eight, forty-nine and fifty-two, as those precincts
PMC Title 1 9/2/2008 14
are described by the maps and property descriptions on file with the Auditor of Franklin
County. (Ord. 3832, 2007; Ord. 3724 Sec. 3, 2005; Ord. 3625 Sec. 3, 2003; Ord. 3476
Sec. 3, 2001; Ord. 3240 Sec. 1, 1997; Ord. 2284, Sec. 1, 1981; Ord. 1871 Sec. 1 (part),
1977.)
1.10.050 DISTRICT FOUR. Voting district four shall encompass the area within
the City of Pasco comprised of precinct numbers thirty-four, thirty-five, thirty-six, thirty-
eight, thirty-nine, forty, forty-one, forty-two, forty-three, forty-five and forty-six, as
those precincts are described on the maps and property descriptions on file with the
Auditor of Franklin County. (Ord. 3832, 2007; Ord. 3724 Sec. 4, 2005; Ord. 3625 Sec.
4, 2003; Ord. 3476 Sec. 4, 2001; Ord. 3240 Sec. 1, 1997; Ord. 2824 Sec. 2, 1991; Ord.
2365 Sec. 1, 1982; Ord. 1871 Sec. 1 (part), 1977.)
1.10.060 DISTRICT FIVE. Voting district five shall encompass the area within
the City of Pasco comprised of precinct numbers fourteen, twenty-two, twenty-three,
twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two;
thirty-three, and thirty-seven, as those precincts are described on the maps and
property descriptions on file with the Auditor of Franklin County. (Ord. 3832, 2007;
Ord, 3724 Sec. 5, 2005; Ord. 3625 Sec. 5, 2003; Ord. 3479 Sec. 1, 2001; Ord. 3476
Sec. 5, 2001; Ord. 3365 Sec. 1, 1999; Ord. 3240 Sec. 1, 1997; Ord. 2824 Sec. 3, 1991;
Ord. 2365 Sec. 2, 1982; Ord. 2284 Sec. 2, 1981; Ord. 1871 Sec. 1 (part), 1977.)
1.10.070 ELECTION OF COUNCILMEN COUNCILMAN-AT-LARGE. The qualified
electors of each voting district, and they only, shall nominate from among their number
candidates for the office of councilman of such voting district to be voted for at the
following general election. Such candidates shall be nominated in the same manner as
other candidates at the primary election held on the third Tuesday of September
preceding a general election. In addition, two councilmen, designated councilmen-at-
large, shall be nominated in a similar manner. One of the councilman-at-large positions
shall be designated as council position number one. The City Clerk, not fewer than ten
days prior to the time for filing declarations of candidacy in the next councilman
election, shall designate, by consecutive numbers, commencing with number two and
ending with number seven, all other positions on the council to be nominated by district
or to be elected-at-large. The two candidates having the highest vote totals for each
council position shall be certified as having been nominated and shall run for that
position in the general election. Councilmen shall be elected by all of the qualified
voters of the City and the person receiving the highest number of votes for the office of
councilman for the position for which he is a candidate shall be declared duly elected.
(Ord. 1955 Sec. 1, 1978; Ord. 1472 Sec. 7, 1971.)
1.10.080 COUNCILMEN - RESIDENTIAL REQUIREMENT REMOVAL. Councilmen
elected from districts shall be residents of the district from which they are elected.
Removal of a councilman from the district from which he was elected shall create a
vacancy in that office; provided, that no change in the boundaries of districts shall
PMC Title 1 9/2/2008 15
affect the term of any councilman, but he shall serve out his term in the district of his
residence at the time of his election. (Ord. 1873 Sec. 1, 1977; Ord. 1472 Sec. 8, 1971.)
1.10.090 RE-ESTABLISHMENT OF DISTRICT BOUNDARIES. The Council shall
re-establish district boundaries whenever the population in any district exceeds by ten
percent or more the population in any other district; provided, that no change in the
boundaries of any district shall be made within sixty days next before the date of a
general municipal election, nor within twelve months after the districts have been
established or altered. (Ord. 3476 Sec. 6, 2001; Ord. 1472 Sec. 9, 1971.)
1.10.100 ANNEXATION. When additional territory is added to the City, it may,
by act of the City Council, be annexed to contiguous districts or attached to any other
district as the Council may determine without affecting the right to re-district at the
expiration of twelve months after the last previous division. (Ord. 3476 Sec. 7, 2001;
Ord. 1472 Sec. 10, 1971.)
1.10.110 RECALL PETITIONS. Any registered voter shall be eligible to sign a
petition for the recall of any councilman. (Ord. 1472 Sec. 11, 1971.)
1.10.120 FILLING VACANCIES. If a vacancy in the Council occurs or if a district
office is not filled by the election process, the remaining members of the City Council
shall appoint a person to fill such office until the next regular general municipal election,
at which time a person shall be elected to serve for the remainder of the unexpired
term. Persons appointed to fill district offices shall be the residents of that district.
(Ord. 1472 Sec. 12, 1971.)
1.10.130 VOTING PRECINCTS. Voting precincts within the five districts shall be
established by the City Manager or under his direction and shall be submitted to the
County Commissioners, Franklin County, for approval. No voting precinct shall be
located in more than one district. (Ord. 1472 Sec. 13, 1971.)
PMC Title 1 9/2/2008 16
Estimated Population
and Registered Voters
by Precinct
OFM Total
PRECINCT Adjusted 2008 Registered
Population Voters
Estimate
1 1,937 513
2 2,395 309
3 1,472 215
4 1,859 301
5 872 188
6 2,185 345
7 1,187 241
8 480 274
9 454 100
10 1,310 444
11 2,044 565
12 2,686 325
13 1,235 221
14 902 357
15 403 177
16 173 78
17 242 184
18 158 116
19 247 154
20 214 115
21 429 138
22 424 217
23 933 553
24 989 219
25 1,231 226
26 291 154
27 412 297
28 471 321
29 504 255
30 195 147
31 678 415
32 1,222 502
33 861 349
34 889 281
35 1,173 334
36 1,515 635
37 3,306 511
38 1,881 530
39 537 132
40 1,139 355
41 877 333
42 887 378
43 1,220 281
44 606 219
45 562 193
46 670 539
47 568 191
48 879 321
49 413 340
50 1 3,826 312
52 247 122
52,290 15,022
Printed 10/9/2008
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RCW 29A.16.040: Precincts—Number of voters—Dividing, altering, or combining— ... Page 1 of 1
RCW 29A.16.040
Precincts—Number of voters—Dividing, altering, or combining—Creating new precincts.
The county legislative authority of each county in the state hereafter formed shall, at their first session,divide their
respective counties into election precincts and establish the boundaries of the precincts.The county auditor shall
thereupon designate the voting place for each such precinct or whether the precinct is a vote by mail precinct.
(1)Precinct boundaries may be altered at any time as long as sufficient time exists prior to a given election for the
necessary procedural steps to be honored. Except as permitted under subsection(5)of this section, no precinct
boundaries may be changed during the period starting on the thirtieth day prior to the first day for candidates to file for
the primary election and ending with the day of the general election.
The county legislative authority may establish by ordinance a limitation on the maximum number of active
2 e
registered voters in each precinct within its jurisdiction.The limitation may be different for precincts based upon the
method of voting used for such precincts and the number may be less than the number established by law, but in no
case may the number exceed that authorized by law.
(3)Precincts in which voting machines or electronic voting devices are used may contain as many as nine hundred
active registered voters.The number of poll-site ballot counting devices at each polling place is at the discretion of the
auditor.The number of devices must be adequate to meet the expected voter turnout.
(4)On petition of twenty-five or more voters resident more than ten miles from any polling site, the county legislative
authority shall establish a separate voting precinct therefor.
(5)The county auditor shall temporarily adjust precinct boundaries when a city or town annexes unincorporated
territory to the city or town, or whenever unincorporated territory is incorporated as a city or town.The adjustment must
be made as soon as possible after the approval of the annexation or incorporation.The temporary adjustment must be
limited to the minimum changes necessary to accommodate the addition of the territory to the city or town,or to establish
the eligible voters within the boundaries of the new city or town, and remains in effect only until precinct boundary
modifications reflecting the annexation or incorporation are adopted by the county legislative authority.
(6) In determining the number of active registered voters for the purposes of this section, persons who are ongoing
absentee voters under RCW 29A.40.040 shall not be counted. Nothing in this subsection may be construed as altering
the vote tallying requirements of RCW 29A.60.230.
(2004 c 266§10;2003 c 111 §404;1999 c 158§3;1994 c 57§3: 1986 c 167§2;1980 c 107§3. Prior:1977 ex,s.c 361 §4;1977 ex.s.c
128§1;1975-76 2nd ex.s.c 129§3;1967 ex.s.c 109§1;1965 c 9§29.04.040;prior:(i)1921 c 178§1,part;1915 c 11 §1,part;1907 c 130
§1,part; 1889 p 402§7,part;Code 1881 §3067,part;1865 p 30§1,part;RRS§5171,part.(ii)1907 c 130§2,part;1889 p 408§21,part;
RRS§5278,part.(iii)Code 1881 §2679;1854 p 65§4,part;No RRS.Formerly RCW 29.04.040.]
Notes:
Effective date–2004 c 266: See note following RCW 29A.04.575.
Severability–Effective date–1994 c 57: See notes following RCW 10.64.021.
Severability--1986 c 167: See note following RCW 29A.04.049.
Effective date–1977 ex.s. c 361: "This 1977 amendatory act shall take effect January 1, 1978."[1977 ex.s, c
361 § 113.]
Severability– 1977 ex.s. c 361: "If any provision of this 1977 amendatory act, or its application to any person or
circumstance is held invalid,the remainder of the act, or the application of the provision to other persons or
circumstances is not affected."[1977 ex.s. c 361 § 112.]
Severability–1977 ex.s.c 128: "If any provision of this 1977 amendatory act, or its application to any person or
circumstance is held invalid,the remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s.c 128§6.1
Effective date--Severability–1975-76 2nd ex.s. c 129: See notes following RCW 29A.76,040.
"Precinct"defined:RCW 29A.04.121.
http://apps.leg.wa.gov/RCW/default.aspx?cite=29A.16.040 10/10/2008