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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 a> 0 0 �p N c� z H 8 W � o N N h y � p y y r o (Dm E Eto @ L jaE r'n :12 -av' CZ: �- 0 O 8 0 C ❑ CG aLC rho m = N -j damp Ec � 0 m 8E � s a a � E cc c c v_� y 3 0 co m -- � � a 'm E — o a 5 E 2 G m 'U N c4 W 51 a. L 0 t C N 7 SZ O IV E oa E � `pia O Q ui °' as L N ca al! - LL E E 7�i O U... N N 01 � 6 �y ' Q a) O W N E U cn a) .N N 0 W o C 2 co O C Q U ,U L1 U fin. 00 � ZD 00 -1ZXoo 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 a a ,�. w AD W I^ e a {FUTURE '' r, d R LO LO ku lu I a do '—fir•---•� ''�� '1', � '1� � oNo $ asr rJJ m I � r Lu Uj • '�: 3 s M �3� ro f .• a „� rte :•\• •� r b 1` - w t _:... 3((. W to ci 4 '�•. lo kj 0{d CL 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 ROAD` D AND i P AND SANDIFUR SIGNAL .ol!s. iol t ,• ter.�; r, .• :t�':' i .. x.: r �� [ ����� 4 fir_ �•`"?i i.. � ,. .J •6�s• '"`-' .-""'...• ? � �` �'' k :IF ' '"°� i•wls -,°_- ' �ora?""r"_ri<e�l, .% I' . gy.piq uy '` ��+�°„,:-y.�GGxx;�_,,,,����''�,��'�eih,"�i'' ���y'`, 4f•, �� w. "�}S�ta".P¢"'M.1'F* S•S,x.t J'a'i. �' S •tdf'_ rr. yx r' ,�" x.i�,sdw'wLa-:;�y� r^ ,•�a;i.dam � '�y�+,,y�,J.y'�.SY.. 1°i: k „� •�''n t. �a'� ii L74 �� . Y _p� ,,If�I,,.,`�.,..5�{;• "�,.p+a':k:.P�J � � r�H` Ste, .. `. +u r v r s a *d i• 'i wFt 4r2 :aw ir' r .fir-�mrv-�•a•-.-,- fj -1 i[R` i �-'�+±-�±r".�-+tires-��^*- -'r��¢Y•'�. "�.-. MWA f 1 7 1 .� I • F r �4 r F w L � x.41 k .' �. i " 1 .S� nr �•Y � F•'''�5 VA1 . AA •K' fffiii � L •r � ��r f :. 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 _ -MNM N DW.Via S"VW 33MMM '-N VMVM dW ZLVO "N ELM. 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I _ ..... ld fin15 Ana C31v3013H Qv .'g Iw2w f n_i U. ._._...---`._.__• 550 N30 N30 Sa Ls 17x5 sv-0-^-5�_jl �vY":v}1 siILTJ:Ii1� oPo�JNUAVYO 58a0.1VtlG 37W11 -MI'JllgAtltlO ELL. lg6Yl9N 3[tlU TM ddtl 1Yt� A9 IWl1F3s i A.. ... .._._..�_..._ - euYZg�crosnlYOC alrYly sao�lauassazvl Own ,t=.f { , .a a. s 1 C-SL1 1i1 g O I �— r I. _..._ � E ......_ _.. 11f-D7 r'1•nµr•nrw o a I n-, w i as W j ��•' .,,�tu',aiihlr"s ...e:s, i. f E � � �a` - � � �i� � � ta CL fo I uti ii"Tc 9Ta9 \� 5Z Lot io 4 . . _.. > .... � EE _ E �� a3� f b ..................I......- ...:..:.... .. .. ......... ... ...... ._.._. ..... .... I L..........__._._ ......-.�....... 9 f _ �•'� L51 �`\ �� a`C�* _nip r i i --.....sai.i�� .fef. - _....................:.... _.�._.__... ....__.... 00+191 b c o s j 6 '�. ... ..... cog;. . :h fi•�";SYie; ........ :03 •b3 �n eY iii ..... QO.Z91 �O�•2. d r(I(Ir1 n t!.. .............. . ................... .. :.. I... . _....... ..... . I _ . .... I . . . 1I l 1 - P OE•OY 1 �N\f` a 1 F OD 1` .. .. ......----........... .. Sg �.. ....... ...... eR p ....... Sc ... _ J1A .•4- 1 i .. .... Z--c OOM SL... W0 Opr I&1 CY i a O u I M �f OO131.AS +00+81 a i 4� a fEI' 9 igig O><0. r. 00-LO1 O\�9 ti lia E O t'i 00+901 i T Z-v OOLM .59 \`0 .. 00-101 a assn i �- rV4 --,i.]�r4i98b•56v 1'Ijg9E REV f' I I� a 9 , I b TLb i I fi 1 ! .. .. v �s III Irk II .. .... ...... ... I 59 dY SSl N3LV0'01 ICI I :0� e u w - �` I 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 PopEst 09-22-08 Options ABCQX.xIs Page 1 of 1 at 5:10 PM 4 si „ r........ ......... �� 1 �� i �i � 4. r ♦ f 3 sy 5 t. o- ------------ e r o • CL taw co rl N . .a D D O O ; = a 0 L a } F: , .4�.Y iY 1 t 1 A a T a Se • I . • a t I' i ff a G •1. • M'•b • 4a x f�/ r N r i� s• �5•r. fi� .:_ i •+i m Elmo a. '. CL CL co r pp. L is..;'::i::•.� t' t_JS'>.. N4� d _ 0 Q 0 �.r. �.<(r' �•fir.„`':: :d' �",�,, •�:->�,: or.. ._� .:C. L3 3 �y �•t Al a Al • { .a ]: ray .. we - Pik Y 5 a' I0.' • w t - A. "'�,. ...=✓I. .. ��"'�"�+"mil� .. �..�.: $.;�.:♦ * �.,... ? } ■ i ■ s a r 4 jr W5 4 gm, V4W .J 1 4 N A t !3 r zz y�ai^r �i r t f _• Vii- .._......._........ .......�. �, .: .:. y :fit"'Y'°' 0 AMP Y 4 2J -J I,Sr y I t 3 'ri r f. • fi 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