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2009.05.18 Council Meeting Packet
AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. May 18,2009 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion(in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated May 4, 2009. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of $1,618,378.64 ($110,021.13 in the form of Wire Transfer Nos. 5203 and 5208; and $1,508,357.51 consisting of Claim Warrants numbered 171529 through 171764). 2. To approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of$174,934.70 and, of that amount, authorize$128,737.76 be turned over for collection. (c) Appointments to Parks & Recreation Advisory Council: (NO WRITTEN MATERIAL ON AGENDA) To reappoint Cheryl Smyth to Position No. 3 and Edition Daniels to Position No. 5 (both with the expiration date of 2/2/2012)to the Parks& Recreation Advisory Council. (d) Consultant for Tri-Cities Consolidated Plan 2010-2014 Update: 1. Agenda Report from Angela Pitman,Block Grant.Administrator dated May 12, 2009. 2. HOME Consortium Agreement with Consultant. To approve the HOME Consortium Agreement with John Epler & Associates for preparation of an update to the Tri-Cities Consolidated Plan 2010-2014 in an amount not to exceed $10,224 and, further, authorize the City Manager to sign the contract documents. (e) 2008 Fire Department Performance Report: 1. Agenda Report from Bob Gear,Fire Chief dated May 5, 2009. 2. Resolution No. 2938. 3. 2008 Performance Report. To accept and approve the 2008 Pasco Fire Department Performance Report. *(f) Resolution No. 3159, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of Spokane Street, Duluth Street, Montana Avenue, Colorado Avenue and Utah Avenue. 1. Agenda Report from David 1.McDonald,City Planner dated May 12, 2009. 2. Vicinity Map. 3. Proposed Resolution. 4. Vacation Petition. To approve Resolution No. 3159, setting 7:00 p.m., Monday, June 15, 2009 as the time and date to conduct a public hearing to consider vacating portions of the street right-of-way adjacent to Blocks 6, 7 and 8 of Freys Addition. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) Presentation of Proclamation for "Public Works Week" Mayor Joyce Olson to present Proclamation to Pat McKeever, Heavy Equipment Operator, Public Works employee since February 1973. (b) (c) Regular Meeting 2 May 18, 2009 5. VISITORS-OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) Financial Services Manager: General Fund Operating Statement through April 2009. (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (none) 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (none) 9. UNFINISHED BUSINESS: (a) Ordinance No.3919,an Ordinance vacating a portion of Salt Lake Street and Colorado Avenue. 1. Agenda Report from David 1. McDonald,City Planner dated May 5, 2009. 2. Vicinity Map. 3. Proposed Ordinance. MOTION: I move to adopt Ordinance No. 3919, an Ordinance vacating a portion of Salt Lake Street and Colorado Avenue and, further, authorize publication by summary only. 10. NEW BUSINESS: (a) Community Survey: 1. Agenda Report from Gary Crutchfield, City Manager dated May 14, 2009. 2. Timeline for National Citizen Survey, October Class. MOTION: I move to authorize the City Manager to contract for conduct of the 2009 National Citizen Survey, not to exceed$11,000. (b) Contract for 5'h and Ainsworth Infill Construction Project: 1. Agenda Report from Angela Pitman, Block Grant Administrator dated May 14, 2009. 2. Vicinity Map. 3. Price Analysis Worksheet. 4. Construction Contract. 5. General Terms & Conditions (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at http://www.pasco- wa.goo/generalinfo,/citycouncilreports). (RC) MOTION: I move to award the low bid for the 5`h and Ainsworth Infill Construction (Project No. CDBG09-003), to Titan Homes for the total amount of $382,928 including sales tax and, further, authorize the City Manager to sign the contract documents. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File 4...." Q Quasi-Judicial Matter Regular Meeting 3 May 18, 2009 REMINDERS: 1. 6:00 p.m., Monday, May 18, Conference Room # 1 — LEOFF Disability Board Meeting. (MAYOR JOYCE OLSON and COUNCILMEMBER MATT WATKINS) 2. 4:00 p.m., Tuesday, May 19, 4525 N. Road 68, Suite B — Pita Pit Ribbon Cutting Ceremony. (MAYOR JOYCE OLSON) 3. 12:00 p.m., Thursday, May 21, 515 W. Clark Street — Pasco Downtown Development Association Board Meeting. (COUNCILMEMBER AL YENNEY, Rep.;MATT WATKINS, Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 4, 2009 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor. ROLL CALL: Counciimembers present: Rebecca Francik, Michael Garrison, Robert Hoffmann, Tom Larsen, Joyce Olson, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Bob Alberts, Public Works Director; Michael McShane, City Engineer; Denis Austin, Police Chief and Bob Gear, Fire Chief. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated April 20, 2009. (b) Bills and Communications: To approve General Claims in the amount of$1,068,403.75 ($72,074.18 in the form of Wire Transfer Nos. 5197 and 5200; and $996,329.57 consisting of Claim Warrants numbered 171328 through 171528). To approve Payroll Claims in the amount of$1,890,245.12, Voucher Nos. 39475 through 39565; and EFT Deposit Nos. 30029551 through 30030092. (c) Appointments to Historic Preservation Commission: To appoint Cathy Merrill Holle to Position No. 1 and reappoint Dan Stafford to Position No. 2 (both with the expiration date of 8/1/11); reappoint Marilynn Baker to Position No. 3 and appoint Marty Robinson to Position No. 4 (both with the expiration date of 811/12) to the Historic Preservation Commission. (d) Revision of Bi-PIN Interlocal Agreement: To approve the Interlocal Agreement for Bi-County Police Information Network (Bi-PIN) and, further, authorize the Mayor to sign the agreement. (e) Final Plat: Chapel Hill Phase 3 (Envision Homes) (MF#FP08-008): To approve the final plat for Chapel Hill Phase 3. (f) Resolution No. 3156, a Resolution conditionally granting the sewer utility waiver requested by West Enterprises. To approve Resolution No. 3156, conditionally granting the sewer utility waiver request by West Enterprises. (g) Resolution No. 3157, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of Montana Avenue. To approve Resolution No. 3157, setting 7:00 p.m., Monday, June 1, 2009 as the time and date to conduct a public hearing to consider vacating Montana Avenue between Salt Lake Street and Pueblo Street. 1 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 4, 2009 (h) Resolution No. 3158, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of West Park Street. To approve Resolution No. 3158, setting 7:00 p.m., Monday, June 1, 2009 as the time and date to conduct a public hearing to consider vacating a portion of West Park Street. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGMENTS: Mayor Olson presented Certificates of Appreciation for April 2009 "Yard of the Month" to: John and Phyllis Frey, 323 N. 8th Avenue Reg and Shirley Moore, 126 Willow Circle Carl and Debra Gara, 4720 Antigua Drive Willy Schneider, 7904 Deschutes Drive Mayor Olson presented a Certificate of Appreciation for April 2009 "Business of the Month Appearance Award"to: Conover Insurance, 1804 W. Lewis Street Mayor Olson presented a Proclamation to Denis Austin, Chief of Police, proclaiming May 10-16, 2009, "National Police Week" and May 15, 2009, "Peace Officers" Memorial ay. VISITORS - OTHER THAN AGENDA ITEMS: Mr. Willy Schneider, 7904 Deschutes Dr., is concerned about possible code enforcement violations at properties in his neighborhood. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Garrison attended the Hanford Communities Governing Board meeting and noted all Councilmembers participated in the Cinco de Mayo parade. Mr. Hoffmann reported on the Law & Justice Council meeting. Mr. Larsen reported on the Emergency Medical Services Board meeting. Ms. Francik noted she will be attending the WA State Public Works Board meeting in Olympia and the Freight Mobility Board meeting. Mr. Watkins, Mr. Crutchfield and Ms. Francik attended the Tri Cities Regional Facilities Oversight Committee meeting. Mayor Olson reported on the FC Emergency Management Council meeting. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Street Vacation: a Portion of Colorado Avenue and Salt Lake Street (MF 0VAC09- 006): Council and staff discussed the proposed vacation. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST,AND THERE BEING NONE, MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 4, 2009 Ordinance No. 3919, an Ordinance vacating a portion of Salt Lake Street and Colorado Avenue. MOTION: Mr. Watkins moved to adopt Ordinance No. 3919, vacating a portion of Salt Lake Street and Colorado Avenue and, further, authorize publication by summary only. Ms. Francik seconded. MOTION: Mr. Watkins moved to table Ordinance No. 3919, until the May 181h regular meeting to allow staff time to research street width in that area. Ms. Francik seconded. Motion carried unanimously. Annexation: Road 76 and Court Street(MF#ANX09-001): Council and staff discussed the proposed annexation. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE ANNEXATION. Mr. Roger Lenk, 1817 Rd 76, presented a petition opposing the annexation. Ms. Jill Allen, 1706 Rd 76, spoke against the annexation. Mr. Frank Votaw, 1802 Rd 76, spoke against the annexation. Mr. Richard Menke, 7517 W. Court St., is concerned about the safety and maintenance of the natural gas facility within the annexation area. FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST, MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 3920, an Ordinance relating to annexation and annexing certain real property to the City of Pasco. MOTION: Mr. Watkins moved to adopt Ordinance No. 3920, an Ordinance annexing certain real property to the City of Pasco and, further, authorize publication by summary only. Ms. Francik seconded. Motion carried by the following Roll Call vote: Yes— Watkins, Francik, Garrison, Hoffinann, Olson. No—Yenney, Larsen. Mayor Olson called a 5 minute recess at 8:32 p.m. Mayor Olson reconvened the meeting at 8:38 p.m. NEW BUSINESS: West Pasco Water Treatment Plant Project, No. 09-2-01: Mr. Alberts explained the details of the project. MOTION: Mr. Watkins moved to award the low bid for the West Pasco Water Treatment Plant Project No. 09-2-01 to Apollo, Inc., in the amount of$8,699,763.00 plus sales tax and, further, authorize the Mayor to sign the contract documents. Mr. Garrison seconded. Motion carried by the following Roll Call vote: Yes—Olson, Watkins, Yenney, Francik, Garrison, Hoffmann. No—Larsen. Amendment No. 2 to Professional Services Agreement with CH2MHill: MOTION: Mr. Watkins moved to approve Amendment No. 2 to the July 7, 2008 Professional Services Agreement with CH2MHI11 authorizing additional engineering services for Tasks 3-6, not to exceed $743,500 and, further, authorize the Mayor to sign the agreement. Ms. Francik seconded. Motion carried 6-1. No —Larsen. 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 4, 2009 2009 Sewer Line Extension—Whipple Avenue Project No. 09-1-02: Mr. McShane explained the details of the project. MOTION: Mr. Watkins moved to award the low bid for the 2009 Sewer Line Extension —Whipple Avenue, Project No. 09-1-02 to Mahaffey Enterprises, Inc., in the amount of $164,651.40, plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. Ms. Francik seconded. Motion carried by unanimous Roll Call vote. Argent Road Widening and Road 84 Sidewalks Project No. 09-3-02: Mr. McShane explained the details of the project. MOTION: Mr. Watkins moved to award the low bid for the Argent Road Widening and Road 84 Sidewalks, Project No. 09-3-02 to Inland Asphalt Company in the amount of $790,696.50 and, further, authorize the Mayor to sign the contract documents. Ms. Francik seconded. Motion carried by unanimous Roll Call vote. MISCELLANEOUS DISCUSSION: Mr. Watkins thanked Council for forward thinking in partnering with other agencies. Mr. Garrison thanked staff for providing fluoride sampling results. Mayor Olson would like to inform citizens about sidewalk maintenance. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:54 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 18th day of May, 2009. 4 CITY OF PASCO Council Meeting of. May 18,2009 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We,the un er gned, d eby certify under penalty of perjury that the materials have been furnished, the services re d red or t e lab performed as described herein and that the claim is a just,due and unpaid obligation inst the ity an that we are authorized to authenticate and certi to said i Gary Cr chfield, City ager James W. , Finance Manager We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington, do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer No.s 5203 and 5208 in the amount of$110,021.13, have been authorized; that Check No.s 171529 through 171764 are approved for payment in the amount of$1,508,357.51,for a combined total of$1,618,378.64 on this 18th day of May, 2009. Councilmember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 150.00 Judicial 15,295.41 Executive 4,535-19 Police 194,337.53 Fire 19,267.96 Administration&Community Services 90,939.00 Community Development 917.81 Engineering 26,967.08 Non-Departmental 36,097.83 Library 440.50 TOTAL GENERAL FUND: 388,948.31 STREET 841,352.97 C. D. BLOCK GRANT 7,421.85 KING COMMUNITY CENTER 1,183.01 AMBULANCE SERVICE 13,720.08 CEMETERY 1,173.72 ATHLETIC PROGRAMS 54,00 SENIOR CENTER 2,881.94 MULTI MODAL FACILITY 543.35 RIVERSHORE TRAIL&MARINA MAIN 0.00 LITTER CONTROL 2,843.95 REVOLVING ABATEMENT 42.00 PARKS FUND 0.00 TRAC DEVEL&OPERATING 12,596.38 STADIUM/CONVENTION CENTER 0.00 SPECIAL ASSESSMNT LODGING 0.00 METRO DRUG TASK FORCE 0.00 METRO DRUG FORFEITURE FUND 807.58 GENERAL CONSTRUCTION 32,322.55 WATER/SEWER 89,941-73 EQUIPMENT RENTAL-OPERATING 36,887.95 EQUIPMENT RENTAL- REPLACEMENT 363.89 MEDICAUDENTAL INSURANCE 143,939.07 CENTRAL STORES 1,576.66 PUBLIC FACILITIES DIST 0.00 PAYROLL CLEARING 39,445.44 LID CONSTRUCTION 0.00 TRI CITY ANIMAL CONTROL 332.21 GRAND TOTAL ALL FUNDS: $ 1,618,378.64 3(b).1 AGENDA REPORT FOR: City Council DATE: May 13,2009 TO: Gary Crutchfi anager REGULAR: May 18,2009 Stan eb i i ive&Community Services Director FROM: Jim ase finance Manager SUBJECT: BAD DE WRITE-OFD'S/COLLECTION. I. REFERENCE(S): Write-off and collection lists are on file in the Finance Department. 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $174,934.70 and, of that amount, authorize$128,737.76 be turned over for collection. III. HISTORY AND FACTS BRIEF: 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs are under $10 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for collection exceed$10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write off s including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE- These are all delinquent non-criminal and criminal fines,and parking violations over 30 days past due. 4. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY—These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. 6. GENERAL- These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. 7. MISCELLANEOUS- These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. Amount Direct Referred to Total Write-offs Collection Write-offs Utility Billing $ .00 8,007.22 8,007.22 Ambulance $ 46,196.94 9,434.75 55,631.69 Court A/R $ .00 108,963.00 108,963.00 Liens $ .00 736.00 736.00 Cemetery $ .00 .00 .00 General $ .00 156.79 156.79 Miscellaneous $ .00 1,440.00 1,440.00 TOTAL: $ 46,196.94 128,737.76 174,934.70 IV, ADMINISTRATIVE ROUTING: cc: Dot French,Municipal Court Clerk 3(b).2 AGENDA REPORT FOR: City Council May 12, 2009 TO: Gary Crutchfi CManager Workshop Mtg.: 05/11/09 Rick White, ► Regular Mtg.: 05/18/09 Community & Economic Development Director FROM: Angela R. Pitman, Block Grant Administratorc'�'�/y,� SUBJECT: Consultant for Tri-Cities Consolidated Plan 2010-2014 Update I. REFERENCE(S): A. HOME Consortium Agreement with Consultant II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 05/11: DISCUSSION 05/18: MOTION: 1 move to approve the HOME Consortium Agreement with John Epler & Associates for preparation of an update to the Tri-Cities Consolidated Plan 2010-2014 in an amount not to exceed $10,224 and, further, authorize the City Manager to sign the contract documents. III. FISCAL IMPACT: $10,224 in Federal HOME/CDBG funds IV. HISTORY AND FACTS BRIEF: A. Pasco entered into a HOME consortium Agreement with Richland and Kennewick in 1995 making the City eligible for Federal HOME funds. Approval of a Consolidated Plan is required by HUD to expend federal funds for both the HOME and CDBG programs. The current Consolidated Plan 2005-2009, prepared in 2004 by Common Ground and John Epler&Associates expires this year. B. In May of 2009 a request for quotation was issued from the HOME Consortium for update of the Tri-Cities Consolidated Plan 2010-2014 to the original preparers of the plan, Common Ground and John Epler & Associates. Mr. Epler responded with the Scope of Work which is included as Exhibit A of the attached contract. Estimated total cost for all three cities to not exceed $29,360. C. Pasco's share of the common cost of $25,000 for the update may cost up to $8,334. The additional cost for a windshield survey may cost up to $1,900. Total cost to Pasco for the update would not exceed $10,224. V. DISCUSSION: A. A final of the HOME Consortium Agreement is attached for Council approval. The period of performance would begin as soon as possible and end October 23, 2009 in accordance with Exhibit B of the attached contract. 3(d) Contract No. AGREEMENT BETWEEN CONSORTIUM AND CONSULTANT THIS AGREEMENT, entered into this day of , 2009 by and between the City of Richland, as lead entity for the Tri-Cities HOME Consortium, 505 Swift Ave., P.O. Box 190, MS 19, Richland, Washington, 99352, and the City of Pasco, P.O. Box 293, Pasco, WA 99301, a participating jurisdiction of the Consortium and the City of Kennewick, P.O. Box 6108, Kennewick, WA 99336 (hereinafter called the "Consortium"), and John Epler &Associates, 2615 Mt St Helens PI South, Seattle, WA 98144 (hereinafter called the"Consultant"). WITNESSETH: 1. GENERAL DESCRIPTION OF WORK: The Consultant shall furnish all services, labor and related equipment necessary to conduct and complete the work to assist in preparation of the 2010-2014 Tri-Cities Consolidated Plan, and as designated elsewhere in this Agreement. 2. SCOPE OF WORK The Consultant shall provide services for the update - of--the 2010-2014 Consolidated Affordable Housing and Community Development Plan as outlined in 24 CFR X91 Subpart C and Subpart E. Services to be provided are detailed in the attached, Exhibit "A", Scope of Work and Summary of Costs, and Exhibit "B", Schedule of Deliverables, and are made part of this Agreement. 3. GENERAL REQUIREMENTS The Consultant shall prepare such information and studies as may be pertinent and necessary, or as may be requested by the Consortium, in order that the Consortium and its members may pass critical judgment on the features of the work as described in Exhibit "A". This item does not constitute additional work as described in this Agreement. To initiate progress payments, the Consultant shall prepare a progress report, in a form approved by the Consortium, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient details so that the progress of the work can easily be evaluated. The Consultant shall send requests for payment to: City of Richland Attention Deborah F. Bluher P.O. Box 190, MS 19 Richland, WA 99352 4. TIME FOR BEGINNING AND COMPLETION The Consultant shall not begin any work under the terms of this Agreement until authorized in writing by the Consortium. The Consultant agrees to use best efforts to complete all work described under this Agreement by October 23, 2009. 1 5. PAYMENT The Consultant shall be paid an amount not to exceed Twenty-Five Thousand and no/100 dollars ($25,000.00) for assistance in preparation of the 2010-2014 Tri- Cities Consolitated Plan; said cost to be split equally between the _Cities of Richland, Kennewick and Pasco at $8,333.34, $8,333.33 and $8,333,33 respectively. The City of Pasco will separately be responsible to pay a Lump Sum Amount of One Thousand Nine Hundred and no/100 dollars ($1,900) for the Consultant to conduct a Windshield Survey of Housing Conditions of 280 homes in Pasco. The City of Kennewick will separately be responsible to pay a Lump Sum Amount of Two Thousand Four Hundred Sixty and no/100 dollars ($2,460) for the Consultant to Conduct a Windshield Survey of Housing Conditions for 280 homes in Kennewick, and assist in up-dating chances/objectives of Kennewick's Neighborhood Revitalization Strategy Area. Such payments shall be full compensation for all work performed or services rendered, and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in EXHIBIT "A" - Scope of Work. The maximum total amount payable to the Consultant under this Agreement shall not exceed Twenty-Nine Thousand Three Hundred Sixty and no/100 dollars ($29,360.00). Partial payments to cover the percentage of work completed may be requested by the Consultant. A short narrative progress report shall accompany each invoice, which report shall discuss any problems or potential causes for delay, with the status of the project, amount of work completed, and other relevant information. The Consultant may request vendors or sub-consultants be paid directly. To provide a means of verifying the invoiced salary costs for the Consultant, sub- consultants, and employees, the Consultant shall provide records relative to recording the names, titles, rate of pay, date, and present duties of those employees performing work on the Project. The Consultant and his/her sub-consultants shall keep available for inspection by representatives of the Consortium, the State and the United States for a period of three years after final payment the cost records and accounts pertaining to this Agreement and all items relating to or bearing upon these records with the following exception: if any litigation, claim, or audit arising out of, in connection with, or relating to this contract is initiated before the expiration of the three-year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. 6. EMPLOYMENT The Consultant is an independent contractor solely responsible for the performance of the services provided under this Agreement and shall not be construed to be an employee, partner, or joint venture with the Consortium. Any and all employees of the Consultant or other persons while engaged in the performance of any work or services required of the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the Consortium, and any and all claims that may or might arise under any Workmen's Compensation Act on behalf of said 2 employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the Consultant's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. 7. OTHER PARTIES It is mutually agreed that this Agreement is not transferable by either signatory to a third party without the consent of the other principal party. 8. OWNERSHIP OF DOCUMENTS All designs, drawings, specifications, documents, and other work products prepared pursuant to this Agreement, will become the property of the Consortium upon payment to the Consultant of his fees as set forth in this Agreement. The Consortium acknowledges the Consultant's plans and specifications, including all documents on electronic media, as instruments of professional services. The plans and specifications prepared under this Agreement shall become the property of the Consortium upon completion of the services and payment in full of all payment due to the Consultant. The Consortium may make or permit to be made any modifications to the plans and specifications without the prior written authorization of the Consultant_ The Consortium agrees to waive any claim against the Consultant arising from any unauthorized reuse of the plans and specifications and to indemnify and hold the Consultant harmless from any claim, liability or cost arising or allegedly arising out of any reuse of the plans and specifications by the Consortium or its agent not authorized by the Consultant. 9. TERMINATION This Agreement may be terminated by either party upon thirty (30) days written notice, by registered mail, or mailed to the other party at his usual place of business. In the event the Consultant terminates this contract, the Consortium will be entitled to reimbursement of costs occasioned by such termination by the Consultant. In the event the Consortium terminates this Agreement, the Consortium shall pay the Consultant for the work performed, an amount equal to the percentage of completion of the work as mutually agreed between the Consortium, its members, and the Consultant. If any work covered by this Agreement shall be suspended or abandoned by the Consortium before the Consultant has completed the assigned work, the Consultant shall be paid for services performed down to the time of such termination or suspension an amount equal to the costs incurred at the date of termination as mutually agreed upon between the Consortium and the Consultant. 10. DISPUTE RESOLUTION The Consortium and the Consultant agree to negotiate in good faith for a period of thirty (30) days from the date of notice of all disputes between them prior to exercising their rights under this Agreement, or under law. All disputes between the Consortium and the Consultant not resolved by negotiation between the parties may be arbitrated only by mutual agreement of the Cities of Richland, Kennewick and Pasco, and the Consultant. If not mutually agreed to resolve the claim by arbitration, the claim will be resolved by legal action. 3 Arbitration of all claims will be in accordance with RCW 7.04A and the Rules of Mandatory Arbitration. 11. VENUES APPLICABLE LAW AND PERSONAL JURISDICTION 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 hereto agree that any such action shall be initiated in the Superior Court of the State of Washington, situated in Benton County. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decision of the Superior Court in accordance with the laws of the State of Washington. The Consultant hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in Benton County. 12. ATTORNEY'S FEES Attorney's fees that are reasonable and costs, including those on appeal, if appeal is taken, shall be allowed to the prevailing party by any court hearing a dispute under this Agreement. 13. INSURANCE The Consultant 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 hereunder by the Consultant, its agents, representatives, or employees. No Limitation. Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: i. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. ii. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed by the City. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. iv. Professional Liability insurance appropriate to the Consultant's profession. 4 B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: i. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. ii. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. iii. Professional Liability Insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: i. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. ii. The Consultant's insurance shall be endorsed to state that the coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. best rating of not less than A:VI I. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work 14. HOLD HARMLESS It is further agreed that the Consultant shall defend, indemnify, and hold the Consortium, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the negligent performance of the contract, except for injuries and damages caused by the sole negligence of the Consortium. 15. WARRANTY The professional services will be furnished in accordance with the care and skill ordinarily used by members of the same profession practicing under similar conditions at the same time and in the same locality. The Consultant makes no warranties express or implied, under this Agreement or otherwise, in connection with the Consultant's services. 5 16. SUCCESSORS OR ASSIGNS All of the terms, conditions and provisions hereof shall inure to the benefit of and be binding upon the parties hereto, and their respective successors and assigns; provided, however, that no assignment of the Agreement shall be made without written consent of the parties to the Agreement. 17. EQUAL OPPORTUNITY AGREEMENT The Consultant agrees that he will comply with all Federal, State and local non- discrimination laws and regulations in effect at the time this agreement is executed. These regulations include: a) The requirements of the Fair Housing Act, 42 U.S.C_ 3601-20, and implementing regulations at 24 CFR Part 100; Executive Order 11063 (Equal Opportunity in Housing) as amended by Executive Order 12259 and implementing regulations at 24 CFR 107; and Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, and implementing regulations at 24 CFR Part 1 (Nondiscrimination in Federally Assisted Programs); b) The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and the regulations at 24 CFR 146; c) The prohibitions against discrimination on the basis of handicap under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR, Part 8; d) The requirements of the Executive Order 11246 (Equal Employment Opportunity) and the regulations issued under the Order at 41 CFR Chapter 60; e) The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1702u (Employment Opportunities for Business and Lower Income Persons in Connection with Assisted Projects); and f) The requirements of Executive Orders 11625 and 12432 regarding Minority Business Enterprise, and 12138 regarding women's Business Enterprise, and regulations S.85.36(e) of Section 281 of the National Housing Affordability Act. g) The requirements of Washington State Law as found at RCW 49.60. 18. CHANGES OF WORK The Consultant shall make such changes and revisions in the completed work of this Agreement as necessary to correct or revise any errors, omissions, or other deficiencies in the planning, specifications, reports, and other similar documents which the Consultant is responsible for preparing or furnishing under this 6 Agreement, when required to do so by the Consortium, without additional compensation thereof. Should the Consortium find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the Consultant shall make such revisions as directed by the Consortium. This work shall be considered as Extra Work and will be paid for as herein provided under Section 19, Extra Work. 19. EXTRA WORK The Consortium may desire to have the Consultant perform work or render additional services within the general scope of this Agreement. Such work shall be considered as Extra Work and will be specified in a written supplement to this Agreement which will set forth the nature of the scope, schedule for additional work, additional fees and the method of payment. Work under a supplemental Agreement shall not proceed until authorized in writing by the Consortium. 20. INFORMATION AND WORK PROVIDED BY THE CITY Such data as is currently possessed by the Cities of Richland, Kennewick and Pasco and is useful or necessary to the Consultant in order to carry out the Project shall be turned over to the Consultant at a time and place mutually convenient. The Consultant is entitled to rely on the data provided. Except as specifically provided in Exhibit "A", the City is not required to retain additional consultants, do research or obtain additional data for use by the Consultant at the City's expense. 21. COMPLIANCE WITH LAWS The Consultant shall be duly licensed (including Business Registration with the City of Richland) and shall comply with all applicable federal, state and local laws, ordinances, and codes. In all activities related to this Agreement, the Consultant agrees to comply or assist the City when necessary for its compliance with all Certifications required by HUD for disbursal of these funds. Failure to comply with such laws, regulations and policies shall cause this contract to become immediately null and void. All funds spent in violation of such certifications, laws, and regulations will be repaid to the City within 30 days upon violation of the terms of the Agreement if such laws/regulations so require. 22. MINORITY AND WOMEN OWNED BUSINESS OPPORTUNITY The Recipient will document and provide data on the outreach steps taken to assure that minority business (MBE) and women's business enterprises (WBE) have an equal opportunity to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction, and services. Recipient will report to the lead entity of the Consortium the contracts or subcontracts awarded to MBE and WBE businesses for the project. 23. CONFLICT OF INTEREST No employee, agent, member, consultant, officer or elected or appointed official of the members in the Consortium or the Consultant who exercises or has exercised any functions or responsibilities with respect to any activities that are in 7 any way connected with the decision to provide federal funds to a project may obtain a financial interest, reside in, or benefit from those activities, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter as stated in 24 CFR 92.356, and the Consultant must take appropriate steps to assure compliance. 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CONSORTIUM: CONSULTANT: CYNTHIA D. JOHNSON JOHN EPLER, CONSULTANT City Manager Epler and Associates, LLC City of Richland for the Tri-Cities HOME Consortium REPRESENTATIVE MEMBERS: GARY CRUTCHFIELD ROBERT R. HAMMOND City Manager City Manager City of Pasco City of Kennewick APPROVED AS TO FORM: THOMAS O. LAMPSON City Attorney, Richland LISA BEATON City Attorney, Kennewick LELAND KERR City Attorney, Pasco 9 Exhibit "A" Tri-Cities HOME Consortium Consolidated Plan Update Scope of Work and Summary of Costs SCOPE OF WORK—Consortium 1. Conduct Key Informant Interviews, coordinate with Consortium staff 2. Facilitate three -2 hour sessions work sessions of stakeholders, prepare summary report 3. Prep/Meet with Committee/Board members and City Council Liaisons(needs implications) 4. Assist in Linking Needs to Strategies 5. Assist in developing Performance Measures 6. Assist in preparing HUD Tables 7. Research and write up-date of Summary, Profile and Needs Assessment 8. Write revised Public Participation and Policies section 9. Format and Edit Drafts & Final Draft Document Cost: Up to a maximum of$25,000 including travel and per-diem SCOPE OF WORK— Pasco 10. Conduct a Windshield Survey of Housing Conditions for 280 homes Cost: Up to $1,900 SCOPE OF WORK — Kennewick 11. Assist in Up-dating changes/objective of existing NRSA 12. Conduct a Windshield Survey of Housing Conditions for 280 homes Cost: Up to $2,460 TOTAL LUMP SUM NOT TO EXCEED $29,360 10 The Consortium will provide the following to the Consultant 1. Existing community plans and data. 2. Contact information for key leaders of Tri-Cities. 3. Scheduling of meeting(s) with community leaders to assist consultant in reporting needs identified through housing and community assessment. 4. Maps 5, Certifications 6. Citizen Participation Plan 7. Strategic Plan & Annual Action Plans 9. Summary of public comments from public hearings 10. Inventory of existing facilities, services and housing provided in the Tri-Cities 11. Table 2 Community Development Needs 12. List of other financial mechanisms that will or might be used to achieve goals and objectives 13. Resolutions approving plan 14. Printing, binding and distribution of final Consolidated plan 11 Exhibit"B" Tri-Cities HOME Consortium Consolidated Plan Update Schedule of Deliverables May Begin work on elements of Work Plan June Key informant interviews, write draft needs assessment 7/26 Needs Assessment document written and completed in draft TBD Meet with Stakeholder Groups in 3 sessions TBD Meet with City Council and board/committee representatives to discuss the implications of needs on strategies 7/30 Key information for local planning groups on needs for strategy development 8/10 Major components of plan completed (write all major sections except Strategic Plan). 9/9 Draft Consolidated Plan completed for public comment and publishing 10/9 Final format and materials for City Council decisions 10/19 Pasco City Council approval of Plan 10/20 Kennewick City Council approval of Plan 10/20 Public Hearing Richland City Council of Draft Plan 10/23 Complete any final changes to Final Consolidated Plan document per council recommendations 11/3 Final approval of 2010-2014 Consolidated Plan before Richland City Council, as lead entity for the Tri-Cities HOME Consortium. 11/13 Submission to HUD 12 AGENDA REPORT FOR: City Council May 5, 2009 TO: Gary Crutch ty Manager FROM Bob Gear, Fire Chief Workshop Mtg.: 5/11/09 Regular Mtg.: 5/18/09 SUBJECT: 2008 Fire Department Performance Report I. REFERENCE(S): 1. Resolution 2938 2. 2008 Performance Report II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 05/11: Discussion 05/18: MOTION: I move to accept and approve the 2008 Pasco Fire Department Performance Report III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) In 2005 the State legislature approved house Bill 1756. This legislation required that all "Substantially Career" fire departments adopt 90% performance standards and annually report their compliance with the adopted standards. V. DISCUSSION: A) The report for 2008 shows that the continued increases in call volume and traffic has resulted in longer response times to some areas of the city. B) The report shows that there are some areas of the total time to respond that can be decreased through procedure changes, training and engineering modifications. Total time includes Call Processing Time+Turnout Time+Travel Time. 3(e) RESOLUTION NO. � A Resolution approving performance standards for Pasco Fire Department emergency responses. WHEREAS, the City of Pasco Fire Department is legally established as a fire department to provide certain emergency medical,fire and rescue services; and, WHEREAS, the Pasco Fire Department has a mission statement and goals and objectives to guide the organization in providing fire and emergency medical services to our community; and, WHEREAS, the Pasco Fire Department has a basic organizational structure which includes the City Council, City Manager, Chief, Officers, Firefighters, Paramedics and EMTs; and, WHEREAS, the Pasco Fire Department is required by state law (SHB 1756, laws of 2005)to establish turnout and response time goals for various emergency responses;and, WHEREAS, the Pasco Fire Department has developed written response coverage objectives required to comply with applicable provisions of SHB 1756;NOW,THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the Pasco City Council hereby approves the attached Response Standards as the Pasco Fire Department policy for determining resource deployment for emergency medical,fine and rescue services;and, This resolution was adopted at a regularly scheduled public meeting of the City of Pasco City Council for City of Pasco Fire Department on this S7- day of February,2006. & CA. Joyce lso Mayor A T: APPROVED AS TO FORM: "�e LqUJ2�14 --sw Sandy Kenw hy,Deputy City lerk Leland B. Kerr, City Attorney PASCO FIRE DEPARTMENT RESPONSE STANDARDS I. Mission Statement The Pasco Fire Department's mission is to provide rapid mitigation of fire, rescues, hazardous materials and medical emergencies with compassion, integrity, and respect for the people we serve. To be the premier provider of public safety services, utilizing our people as the critical resource to accomplish our goals. II. Response Standards The following standards represent the minimum desired service level for the respective emergency response services provided by the Fire Department. Affected managers shall deploy appropriated resources so as to best achieve the standards set forth herein. A. TURNOUT: A turn out time of two (2) minutes, which the department should meet 85% of the time. All firefighting safety equipment must be donned before the vehicle can leave the station for a fire response. B. FIRST ENGINE ARRIVAL: A response/travel time (after turnout) of six (6) minutes for the arrival of the first engine company (at least two (2) firefighters) to a fire suppression incident, which the department should meet 85% of the time. C. FIRST FULL ALARM ARRIVAL: A response/travel time (after turnout) of twelve (12) minutes for the arrival of the full complement of a 1St alarm response to a fire suppression incident, which the department should meet 85% of the time. "Full complement" means at least two (2) engine companies (trucks) with associated firefighters and one(1)command officer. D. BLS AMBULANCE ARRIVAL: A responsettravel time (after turnout) of six (6) minutes/seconds for the arrival of the first emergency medical unit with at least one (1) EMT on board to an emergency medical incident, which the department should meet 85% of the time. E. ALS AMBULANCE ARRIVAL: A response/travel time (after turnout) of six (6) minutes for the arrival of an advanced life support unit with at least one (1)paramedic on board to an ALS emergency medical incident, which the department should meet 85%of the time. F. HAZARDOUS MATERIALS: A response/travel time (after turnout) of six (6) minutes for the arrival of the first unit with at least one (1) appropriately trained Hazardous Materials Technician on board to a hazardous materials incident, which the department should meet 85%of the time. PASCO FIRE DEPARTMENT RESPONSE STANDARDS G. TECHNICAL RESCUE INCIDENT: A responseltravel time (after turnout) of six (6) minutes for the arrival of the first unit with appropriately trained and equipped personnel on board to a technical rescue incident, which the department should meet 85% of the time. H. AIRCRAFT RESCUE AND FIREFIGHTING: A total response/travel time of three (3) minutes for the arrival of the first unit with appropriately trained and equipped aircraft rescue and firefighting personnel on board to the site of an aircraft incident, which the department should meet 100% of the time (required standard of FAA). I. WILD LAND FIREFIGHTING: A response/travel time (after turnout) of six (6) minutes for the arrival of the first unit with appropriately trained and equipped wild land firefighting personnel on board to a wild land fire incident,which the department should meet 85% of the time. III. ANNUAL REPORT The Fire Chief shall report the department's performance relative to these standards to the City Manager and City Council annually. February 2006 t)epartil,9ht CITY OF PASCO A0102 qqjW CITY OF PASCO FIRE DEPARTMENT RCW 35.103.10 PERFORMANCE MEASURES 2008 REPORT t TABLE OF CONTENTS ITEM PAGE Mission Statement 3 Department Information 4 Fire Department Functions 5 Emergency Response Summary 6 Department Organization Chart 7 Staffing Levels and Distribution 8 City Council Resolution 9-11 Standards of Response Performance Measurements 12-21 Predictable Results 22 Plan of Action 23-24 2008 Table of Results 25 2 Departs h� f NW Pasco Fire Department Mission Statement The Pasco Fire Department's mission is to provide rapid mitigation of fire, rescue, hazardous materials and medical emergencies with compassion, integrity, and respect for the people we serve. To be the premier provider of public safety services, utilizing our people as the critical resource to accomplish our goals. 3 Depart+h h r Department Information: The City of Pasco Fire Department; Office of the Fire Chief was created by Ordinance # 73 on July 16, 1908 with the responsibilities of caring for the fire equipment. Today, the fire department is staffed by career members working 24 hours on duty followed by 48 hours off. Firefighters respond to an average of 10 requests for service a day with approximately 80% being medical emergencies. In addition to serving the citizens of the city of Pasco, the fire department provides ambulance services to the surrounding Franklin County Fire District #3 and Advanced Life Support (ALS) Ambulance service to the Burbank area. 4 F, Depar'trh 4 t Fire Department Functions The staff of the Pasco Fire Department is expected to be trained and willing to provide the following services to the community; • Structural, Vehicle and Wildland Fire Suppression • Advanced Life Support (ALS) Emergency Medical Services and Transport • Public Information and Education • Hazardous Materials Operations Level Response • Hazardous Material Technician Level response with b members • Aircraft Rescue and Firefighting (ARRF) capability within the airport as well as within the surrounding community • Technical Rescue Operations level Response • Technical Rescue Technician level Response with 9 members to include confined space, trench rescue, rope rescue and advanced vehicle extrication skills for modern hybrid vehicles. (to be developed in 2009) To accomplish these tasks Pasco Firefighters will: • Study, Train and Practice the skills and tasks they are expected to master. • Maintain a high level of physical fitness. • Check and Maintain the Apparatus and Equipment they work with. • Be familiar with the community and any hazards they may encounter. 5 k� a Departm nr Emergency Response Summary The Pasco Fire Department responded to the following emergency responses in 2008, broken down as follows: • Emergency Medical Responses: 2774 • Structural Fire Responses: 77 • Vehicle Fire Responses 50 • Wildland Responses: 71 • Hazardous Materials Responses: 19 • Aircraft Responses: 6 • Technical Rescue Responses: 1 • Other Miscellaneous/False Responses 552 Total Responses: 3549 6 e t)eparf- -ASSELIUMMUNNEEL- 0 1 The Pasco Fire Department is organized with a day staff and three 24 hour shift platoons. Pasco Fire Department Oraganizational Chart cad-- - C,--- cty W" City MEW Fi.Chd ScuBay L Bskift CSWR MonaL 11--statim 91 Mon 93 F ion 02 j Staienm f Smic"a[ L=Umt ShiftCaptax Ijalaw LiaAaad mirfsmew L-aUwd FucfWtw1E&ff_j NIIWWOff Re*.MW infi*.ftwed. i FnftWW EF jF Ck L rCfiJIv*— �Z.W FftfidavEMT F FrdWcrAkmntdk Fhfi*wSff ��I [-Fij7t�- E E �-K I I'-- tt fftxr"c j Fvdngktt/Pau"ic -MI F� pepart� � Staffing Levels and Distribution In 2008, the City of Pasco Fire Department employed 50.75 career members. Six (6) of the positions are funded by contract with the Port of Pasco. This staffing level has been in place since 2005; the city's population at that time was approximately 46,500. The fire department responded to approximately 2900 incidents that calendar year. The current staff is assigned as follows: Day staff Fire Chief Assistant Fire Chief Secretary/Receptionist (.75) Levels: Shift Staffing (each shift) Assigned Minimum • Shift Captain 1 1 • Station Lieutenants 3 3 • Firefighters 6 5 • Firefighter/Paramedics 5 3 • Aircraft Rescue FF 1 (assigned to airport only) 1 Total staffing assigned to each shift 16 13 Distribution: Station 81 Oregon St. Station 82 Airport Station 83 Rd 68 Shift Captain 1 Lieutenant 1 Lieutenant 1 Lieutenant 1 Paramedic 2 Paramedic 2 Paramedic 1 Firefighter 2 Firefighter 2 Firefighter 2 Aircraft Rescue FF 1 8 RESOLUTION NO. � A Resolution approving performance standards for Pasco Fire Department emergency responses. WHEREAS,the City of Pasco Fire Department is legally established as a fire department to provide certain emergency medical,fire and rescue services;and, WHEREAS,the Pasco Fire Department has a mission statement and goals and objectives to guide the organization in providing fire and emergency medical services to our community;and, WHEREAS, the Pasco Fire Department has a basic organizational structure which includes the City Council, City Manager, Chief, Officers, Firefighters, Paramedics and EMTs; and, WHEREAS, the Pasco Fire Department is required by state law (SHB 1756, laws of 2005)to establish turnout and response time goals for various emergency responses;and, WHEREAS, the Pasco Fire Department has developed written response coverage objectives required to comply with applicable provisions of SHB 1756;NOW,THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the Pasco City Council hereby approves the attached Response Standards as the Pasco Fire Department policy for determining resource deployment for emergency medical,fire and rescue services;and, This resolution was adopted at a regularly scheduled public meeting of the City of Pasco City Council for City of Pasco Fire Department on this�day of February,2006. Joyce lso Mayor ATTE T: APPROVED AS TO FORM: Sandy Kenw hy,Deputy City lerk Leland B.Kerr,City Attorney 9 PASCO FIRE DEPARTMENT RESPONSE STANDARDS I. Mission Statement The Pasco Fire Department's mission is to provide rapid mitigation of fire, rescues, hazardous materials and medical emergencies with compassion,integrity,and respect for the people we serve. To be the premier provider of public safety services, utilizing our people as the critical resource to accomplish our goals. II. Response Standards The following standards represent the minimum desired service level for the respective emergency response services provided by the Fire Department. Affected managers shall deploy appropriated resources so as to best achieve the standards set forth herein. A. TURNOUT: A turn out time of two (2) minutes, which the department should meet 85% of the time. All firefighting safety equipment must be donned before the vehicle can leave the station for a fire response. B. FIRST ENGINE ARRIVAL: A response/travel time (after turnout) of six (6) minutes for the arrival of the first engine company (at least two (2) firefighters)to a fire suppression incident,which the department should meet 85%of the time. C. FIRST FULL ALARM ARRIVAL: A response/travel time(after turnout)of twelve (12) minutes for the arrival of the full complement of a I"alarm response to a fire suppression incident, which the department should meet 85% of the time. "Full complement" means at least two (2) engine companies (trucks) with associated firefighters and one(1)command officer. D. BLS AMBULANCE ARRIVAL: A responae/travel time (after turnout) of six (6) minutes/seconds for the arrival of the first emergency medical unit with at least one (1) EMT on board to an emergency medical incident, which the department should meet 85%of the time. E. ALS AMBULANCE ARRIVAL: A response/travel time (after turnout) of six (6) minutes for the arrival of an advanced life support unit with at least one(1)paramedic on board to an ALS emergency medical incident, which the department should meet 85%of the time. F. HAZARDOUS MATERIALS: A responseltravel time (after turnout) of six (6) minutes for the arrival of the first unit with at least one (1) appropriately trained Hazardous Materials Technician on board to a hazardous materials incident, which the department should meet 85%of the time. 10 PASCO FIRE DEPARTMENT RESPONSE STANDARDS G. TECHNICAL RESCUE INCIDENT: A response/travel time (after turnout) of six (6) minutes for the arrival of the first unit with appropriately trained and equipped personnel on board to a technical rescue incident, which the department should meet 85%of the time. H. AIRCRAFT RESCUE AND FIREFIGHTING: A total response/travel time of three (3) minutes for the arrival of the first unit with appropriately trained and equipped aircraft rescue and firefighting personnel on board to the site of an aircraft incident, which the department should meet 100° of the time (required standard of FAA). I. WILD LAND FIREFIGHTING: A response/travel time (after turnout) of six (6) minutes for the arrival of the first unit with appropriately trained and equipped wild land firefighting personnel on board to a wild land fire incident,which the department should meet 85%of the time. III. ANNUAL REPORT The Fire Chief shall report the department's performance relative to these standards to the City Manager and City Council annually. February 2006 11 F� ®°epartth r Standards of Response Performance Measurements Call Processing Definition: Call processing is a measurement of the time from when the 911 call is answered at the Public Safety Answering Point (PSAP) until appropriate units are notified to respond. This performance standard is not a Washington State required performance measurement but is included here to more clearly define the total time involved in a response. The National Fire Protection Association (NFPA) standard for call processing is 60 seconds, 90% of the time. Actual Dispatch Center Performance for 2008 The Franklin County Communications Center met the 60 second performance 39.3% of the time. 90% of the dispatches were processed in 164 seconds or less Data is for 2,512 in city events in 2008. Partial year data was used to accommodate addition of Fire Management Zones, which gave the ability to separate in city and mutual aid calls. 12 F� ®( ®par A t Turnout Time Definition: The time after dispatch of the incident used to don safety equipment and start the vehicles response to the incident (wheels rolling). Turnout Time Standard: The Pasco Fire Department has adopted a turn out time standard of 2 minutes, which the department should meet 90% of the time. All firefighting safety equipment must be donned before the vehicle can leave the station for a fire response. Actual Department Performance for 2008 The Pasco Fire Department met the Turnout Performance Objective 63.8% of the time. 90% of the fire department incidents experienced a turn out time of 3:00 minutes or less. Note— all calls emergent and non-emergent totaling 7,011 apparatus responses 13 F� a DePa�s4 t Fire Suppression Response Time for 1St Arriving Engine Definition: Travel time for the arrival of the first arriving engine company at a fire suppression incident. Response time starts after turnout when wheels are rolling and ends upon arrival at the incident. Response Time Standard: The Pasco Fire Department has adopted a response/travel time standard of 6 minutes for the arrival of the first engine company to a fire suppression incident, which the department should meet 90% of the time. Actual Department Performance for 2008 The Pasco Fire Department met the Response/Travel Time Performance Objective 79.2% of the time. 90% of the fire department incidents experienced a 1st unit response time of 7:57 minutes or less. NF IRS Situation Found Codes 100 through 199 14 F� 0 V®part nt Travel time for the deployment of a full first alarm assignment at a fire suppression incident. Definition: The total number of personnel and equipment the fire department has recognized as the minimum needed to combat a fire in a single family residence. We measured the travel time for only those incidents that we were able to assemble the required number of personnel. Incidents that we were not able to assemble the minimum number of personnel were not used in the time performance measurement. Response Time Standard for Full 1St Alarm Response: The Pasco Fire Department has adopted a response/travel time standard of 12 minutes for the arrival of the full complement of a 1" alarm assignment to a fire suppression incident, which the department should meet 90% of the time. Further, the Pasco Fire Department has adopted a I" alarm response of 11 firefighters and or 2 engine companies (if applicable), 2 aid units, l ladder truck and 1 Command Officer(if applicable). Actual Department Performance for 2008 Of the 21 single family residence fires where all of the first alarm assignment arrived on scene, the Pasco Fire Department met the Full First Alarm Assignment Performance Objective 52.4% of the time; 47.6% of fires failed to meet minimum staffing of 11 for the first alarm assignment upon the arrival of all of the first alarm assignment. This would occur because we had other incidents occurring at the time of the structure fire. Of the 52.4% that met the staffing requirement, 90% experienced a Full First Alarm Assignment response (travel) time of 10:00 minutes or less. The travel time for the calls that did not meet minimum staffing requirements were not calculated into this percentage. 15 Emergency Medical Services Response Time Basic Life Support Definition: Travel time for the arrival of the first arriving unit with a first responder or higher level capability at an emergency medical incident. Response Time Standard: The Pasco Fire Department has adopted a response/ travel time standard time of 6 minutes/seconds for the arrival of the first emergency medical unit with appropriately trained personnel on board to an emergency medical incident, which the department should meet 90% of the time. Actual Department Performance for 2008 The Pasco Fire Department met the Emergency Medical Services, Basic Life Support, Performance Objective 84.8% of the time. 90% of the fire department incidents experienced an Emergency Medical Services response time of 6:59 minutes or less. NFIRS Incident Type codes 311, 321 through 324 16 Fi oepaltrneh t Emergency Medical Services Response Time Advanced Life Support Definition: Travel time for the arrival of an advanced life support unit to an emergency medical incident, where this service is provided by the fire department. Response Time Standard: The Pasco Fire Department has adopted a response/travel time standard of 6 minutes for the arrival of an advanced life support (ALS) unit with appropriately trained personnel (paramedics) on board to an ALS emergency medical incident, which the department should meet 90% of the time. Actual Department Performance for 2008 The Pasco Fire Department met the Emergency Medical Services Performance, Advanced Life Support Objective 86.8% of the time. 90% of the fire department incidents experienced an Emergency Medical Services response time of 6:46 minutes or less. NFIRS Incident Type codes 311, 321 through 324 17 F� ®U®Partnt n Hazardous Materials Response Time Definition: Travel time for the arrival of the first arriving apparatus with appropriately trained and equipped Hazardous Materials Level "A" Technicians on board at a hazardous materials incident, where this service is provided by the fire department. Response Time Standard: The Pasco Fire Department has adopted a response/travel time standard of 6 minutes for the arrival of the first unit with appropriately trained Hazardous Materials Technicians on board to a hazardous materials incident, which the department should meet 90 % of the time. Actual Department Performance for 2008 The Pasco Fire Department met the Hazardous Material Response time Performance Objective 92.3 of the time. 90% of the fire department incidents experienced a Hazardous Materials response time of 5:16 minutes or less. NFIRS Incident Type codes 410 through 413, 420 through 424 and 430 through 431. 18 k� Depart#" ht Technical Rescue Response Time Definitions: Travel time for the arrival of the first arriving apparatus with appropriately trained and equipped Technical Rescue Technicians on board at the technical rescue incident, where this service is provided by the fire department. Response Time Standard: The Pasco Fire Department has adopted a response/travel time standard of 6 minutes for the arrival of the first unit with appropriately trained and equipped Personnel on board to a technical rescue incident, which the department should meet 90% of the time. Actual Department Performance for 2008 The Pasco Fire Department met the Technical Rescue Response Time Performance Objective 100% of the time. However, we do not have any personnel currently qualified at the Technician Level (appropriately trained) so while we did meet the travel time portion of this standard we did not meet the appropriately trained portion of the statement. 90% of the fire department incidents experienced a Technical Rescue response time of 3;12 minutes or less. NFIRS Incident Type codes 351, 354, 355, 356 and 360 through 365 19 FZ pepart� 4 t Aircraft Rescue and Firefighting Response Time Definition: Travel time for the arrival of the first arriving apparatus with appropriately trained and equipped Aircraft Rescue and Firefighting personnel on board at an aircraft incident, where this service is provided by the fire department. Response Time Standard: The Pasco Fire Department has adopted a response/travel time standard of 3 minutes for the arrival of the first unit with appropriately trained and equipped Aircraft Rescue and Firefighting personnel on board to an aircraft incident, which the department should meet 100% of the time. This standard is adopted to meet Federal Aviation Administration requirements, 14 CFR Parts 121 and 139. Actual Department Performance for 2008 The Pasco Fire Department met the Aircraft Rescue and Firefighting performance Objective 100% of the time. 90% of the fire department incidents experienced an Aircraft Rescue and Firefighting response time of 1:00 minute or less. NFIRS Incident Type code 462 20 �� a D®Pan Wildland Firefighting Response Time Definition: Response time for the arrival of the first arriving apparatus with appropriately trained and equipped Wild land Firefighting personnel on board at a wild fire incident, where this service is provided by the fire department. Response Time Standard: The Pasco Fire Department has adopted a response/ travel time standard of 6 minutes for the arrival of the first unit with appropriately trained and equipped Wild Land Firefighting personnel on board to a wild land fire incident, which the department should meet 90% of the time. Actual Department Performance for 2008 The Pasco Fire Department met the Wildland Firefighting Performance objective, 75.0% of the time. 90% of the fire department incidents experienced a Wildland Firefighting response time of 6:22 minutes or less. NFIRS Incident Type codes 140, 141, 142 and 143 21 k� a Depa"i o IV. Predictable Results 2008 was another year of growth for the city of Pasco. The population increased from 50,210 in 2007 to 52,290 in 2008. Call volume for the fire department increased from 3068 in 2007 to 3549 in 2008, including Mutual Aid given. Because many of these incidents required the response of multiple units each of the three fire stations showed approximately a 30% increase in calls. As the number of incidents increases response times will increase due to simultaneous calls or units being out of place when the next call is dispatched. We can also expect incidents that we were not able to meet our standard of 11 firefighters on the scene to increase as call volume and simultaneous calls increase. As expected response times did increase from 2007 to 2008. We expect that call volume increases from 2008 to 2009 will be less due to economic factors that should limit population growth. The total time to respond to an incident equals Call Processing Time+ Turnout Time+ Travel Time=Response Time. Two areas of the total response time, Call Processing Time and Turnout Time, are the most practical to control. Call processing time was not measured in 2007. Increases in turnout times from 2007 to 2008 is a disturbing trend and needs to be addressed. Trying to reduce travel (driving) time from existing facilities would require increasing apparatus speed and initiating an intersection management program. Increasing speed could lead to a higher incidence of vehicle accidents. Processing calls accurately and quickly is the first step to a correct response. Once the call is processed and dispatched, turning out and getting wheels rolling is the next manageable activity. Continued growth, annexations, labor costs, equipment costs, apparatus and facility replacements will continue to be large costs centers for the city. The Pasco Fire Department is beginning to participate in collaborative efforts to minimize the impacts of these costs centers. The performance standards addressed here were set by council resolution in 2006. This is the third year of measurement and reporting. This process in important for the council and the citizens to provide them with information on the performance of the fire department and the level of services we provide. 22 Departrn 4 t V. Plan of Action There are actions that the Fire department staff and members could take to reduce the total response time with the current resources. As stated above there are two areas that can be immediately addressed and that should provide immediate results, Call Processing and Turnout Times. However, because Pasco Fire Department contracts for communications service to the Franklin County Sheriff's Office, Communications Division, we can ask, but not require any communications center changes. Turnout Times can be improved. The City of Pasco Council Resolution 2938 requires a Turnout.Time of 2 minutes 85% of the time. The RCW requires that we measure our 90% time and the National Standard for Turnout Time is 1 minute 90% of the time. Reducing the turnout time will require a combination of engineering and procedural changes and a desire to improve on the part of the Fire Department members. Call Processing • Establish a goal of processing calls within 60 seconds 90% of the time. • Recent changes in training and procedures have improved service from the communications center. Efforts should continue to improve the center through engineering and training that could improve efficiencies. • Improve the deployment plans for the Pasco Fire Department to reduce dispatch delays. Turnout Times • Revise our current goal of 120 seconds to turnout within 60 seconds 90% of the time. • Pass ownership and responsibility for improvement to the firefighters. • Develop training on the Mobile Data Terminals to improve record accuracy. • Review fire station alerting to determine opportunities to reduce time. • Review the activities associated with the beginning of response to look for time savings. • Proceed with "vehicle routing" upgrade on the MDT's to reduce or eliminate the time spent looking at the wall map prior to responding. Other performance areas, Travel Time and Full Effective Response Force, are more difficult and could require additional resources, including fire stations and personnel. However, there are some specific actions that can and are being taken to improve in these areas. Travel Time • Review the current distribution of vehicles and staffing to determine the potential to reduce travel time. 23 • Consider the Automatic Dispatch of other agencies resources during those periods when Pasco Fire Department resources are unavailable. • Coordinate and communicate with the City Engineer's office on traffic management for future intersection development. Full Effective Response Force • Consider use of Automatic Aid Agreements with neighboring urban departments to replace Pasco Fire Department units not available at the time of dispatch due to simultaneous calls. • Operating procedures and resources will be developed that allows for effective "transitional" fire attack prior to the assembly of the full effective force. • Develop deployment plans with neighboring urban departments to provide for additional staffing for confirmed structure fire incidents in a timely manner through automatic dispatch. 24 CIO += a Q `"' a •or z z z z z z z ~ � w 7U i N o0 00 r p o 00 d eg d1 h- ri r--: 00 00 00 � J N O C"1 O FG M a' a O rn PC y y 014 GC = W en 4w M 00 CN 0.i M C y car► N O O o � � � Z ao a v L Q p z 0. N N M � H c W5 s 00 0 •� �, as � � � N Et H Fa Q 3 Ha z AGENDA REPORT FOR: City Council May 12, 2009 TO: Gary Crutchfiel t Manager Regular Mtg.: 5/18/09 Rick White, 1z lE- r Community& conomic Development Director FROM: David I. McDonald, City Planner ---'— SUBJECT: STREET VACATION: A portion of the right-of-way adjoining Blocks 6, 7 and 8 Freys Addition{MF# VAC09-007) I. REFERENCE(S): 1. Vicinity Map 2. Proposed Resolution 3. Vacation Petition II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 5/18: MOTION: I move to approve Resolution No.�, setting 7:00 p.m., Monday, June 15, 2009, as the time and date to conduct a public hearing to consider vacating portions of the street right- of-way adjacent to Blocks 6, 7 and 8 of the Freys Addition. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The owners of property in Blocks 6, 7 and 8 Freys Addition have petitioned to vacate portions of the public right-of-way adjoining said blocks. The vacation involves a portion of Duluth Street, Spokane Street, Colorado Avenue Utah Avenue and Montana Avenue. B. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing, which provides the statutory 20-day hearing notice, is June 15, 2009. 3(f) •uy(y L Sk v Ct T cld C�3 . ct lo 01�yt RESOLUTION NO. 3-15- 9 A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF SPOKANE STREET, DULUTH STREET, MONTANA AVENUE, COLORADO AVENUE AND UTAH AVENUE. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public bearing to consider vacating the north 10 feet of Spokane Avenue from the east line of California Avenue to the west line of Utah Avenue, the west 10 feet of Utah Avenue from the north line of Spokane Avenue to the south line of Duluth Street, Duluth Street from the east line of Montana Avenue to the west line of Colorado Avenue, Montana Street from the south line of Duluth Street to the north line of Spokane Street and Colorado Avenue from the south line of Duluth Street to the north line of Spokane Street, will be held before the City Council of the City of Pasco in the Council Chambers at, 525 North 3rd Avenue, Pasco, Washington, at the hour of 7:00 p.m., on June 15, 2009. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. Passed by the City Council of the City of Pasco this 181h day of May, 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney 4M o 0 � ct , , .� ,�..� Q' � o a1 '� oe �- Lm ►� w c� P� o GP 00 V ::.. '... DFiTE �iL(t.T•S T'nY '} }.411.... ....... .:: v:. .: .. -4 CITY OF PASCO STREET/ALLEY VACATION PETITION I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: q� N�oht'a..a� �v2. jo�.f��w ►'7,.1a�!'1ti St, a..� Spoko►.�¢. S�. - Co (,,d_o Ave., 6afwaa^.. j- --to--ti., S4, a--A Spoko_ e- 'Si , 3) `�w�v�'f� SF- foa#.�+a�..t Woy..far.o, Avg-. a�,_d ufa_L. Ova-, her icl t' LIA.,4, /Ave 11-+1rs- SA:d w, 'i-1) U'Ag—fk . APPLICANT: PROPERTY OWNED: (Legal Description} Print Name 1200- 90kmo-S Fr`eys Aa(A Lots 13 -- Its _eP $Ik $ Sign Name ]LL .,& Address 0.6 (b S , k:eU d S- k WA 4133$ Phone# 531- g g Date Print Name ?' I r { r.:a. ':cel �,(... )''i�:•�ta '.�'_ •r�s. ! .i'G14.< rY •f_ �9(" fa' i:. �. Sign Name Date 7j Print Name M tow JoL. sq n. Sfsva�..�oli..aaw 4"_ 4ofs' 13 -F f4 . F3(k IT Sign Name Date Print Name -)0k L; w:52:L: 4-is i 3- 19 , $I k l G. Sign Name Date Jr-/l/-.0 Print Name Sigm Name _1090:1-1A0,64 Amazzaa� Date 1-2- � Date STREET VACATION APPLICATION.XL5 GENERAL FUND OPERATING STATEMENT THROUGH APRIL 2009 CASH BASIS YTD % OF YTD TOTAL % OF 2009 2009 ANNUAL 2008 2008 TOTAL ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL REVENUE SOURCES: TAXES: PROPERTY 2,077,681 5,725,000 36.3% 1,247,813 5,805,868 21.5% SALES 2,352,136 8,580,000 27.4% 2,756,946 8,980,651 30.7% UTILITY 2,786,221 7,360,000 37.9% 2,535,668 7,612,492 33.3% OTHER 264,629 980,000 27.0% 257,101 957,621 26.8% LICENSES & PERMITS 601,167 1,009,300 59.6% 719,536 1,364,959 52.7% INTERGOV`T REVENUE 260,730 1,327,300 19.6% 309,423 1,798,308 17.2% CHARGES FOR SERVICES 838,653 2,788,800 30.1% 831,961 2,705,427 30.8% FINES & FORFEITS 257,706 982,400 26.2% 244,162 980,468 24.9% MISC. REVENUE 246,682 786,800 31 A% 243,063 897,283 27.1% OTHER FIN. SOURCES 10,000 1,142,000 0.9% 11,136 39,776 28.0% TOTAL REVENUES 9,695,605 30,681,600 31,15% 9,156,809 31,142,853 29A% BEGINNING CASH BALANCE 6,845,445 6,500,000 7,008,990 7,008,990 TOTAL SOURCES 16,541,050 37,181,600 44.5% 16,165,799 38,151,843 42.4% EXPENDITURES: ACTUAL BUDGET CITY COUNCIL 38,011 116,000 32.8% 35,118 107,538 32.7% MUNICIPAL COURT 378,851 1,182,700 32.0% 330,379 1,127,148 29.3% CITY MANAGER 248,469 873,425 28.4% 241,094 755,382 31.9% POLICE 3,311,067 10,819,398 30.6% 3,355,725 10,343,396 32.4% FIRE 1,348,716 4,126,320 32.7% 1,248,377 4,128,399 30.2% ADMIN &COMMUNITY SVCS 1,518,891 5,243,540 29.0% 1,459,372 5,103,431 28.6% COMMUNITY DEVELOPMENT 397,177 1,101,400 36.1% 330,574 1,149,262 28.8% ENGINEERING 423,907 1,172,835 36.1% 414,421 1,256,443 33.0% MISC. NON-DEPARTMENT 1,291,654 7,148,875 18.1% 1,370,988 6,203,283 22.1% LIBRARY 402,494 1,272,575 31.6% 372,734 1,132,116 32.9% TOTAL EXPENDITURES 9,359,237 33,057,068 28.3% 9,158,782 31,306,398 293% ENDING FUND BALANCE 4,124,532 6,845,445 TOTAL EXPEND AND END FUND BAL 37,181,600 38,151,843 AVAILABLE CASH BALANCE 7,181,813 7,007,017 PERCENTAGE OF BUDGET ALLOCATED FOR 4 MONTHS 33.3% •Authorized but non-budget expenditures of $15,000 (cumulative)which will effectively reduce the ending fund balance. These statements have been adjusted to the Cash Basis of Accounting to provide an available cash balance at month end. The City's CAFR is prepared using the Accrual Basis of Accounting. These statements are intended for Management use only. 6(b) AGENDA REPORT FOR: City Council May 5, 2009 TO: Gary Crutchfield, City NI Regular Mtg.: 5/18/09 Rick White, V Community & Economic Development Director FROM: David I. McDonald, City Planner .,7).C—,- SUBJECT: STREET VACATION: A portion of Colorado Avenue and Salt Lake Street (MF#VAC09-006) I. REFERENCE(S): A. Vicinity Map B. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS: 5118: MOTION: I move to adopt Ordinance No. 3919, an Ordinance vacating a portion of Salt Lake Street and Colorado Avenue and, further, authorize publication by summary only. III, FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. Property owners in the Freys Addition have petitioned to vacate Colorado Avenue located between Blocks 16 and 17 of the Freys Addition together with the south 10 feet of Salt Lake Street adjacent to the same blocks. The vacation is being requested to facilitate future development of said blocks for commercial purposes. B. The Council held a public hearing on May 4, 2009. There were no comments at the public hearing. Council requested information on the proposed right-of-way width after vacation. C. The existing right-of-way width for Salt Lake Street is 80 feet. After the proposed vacation ordinance is adopted 70 feet of right-of-way will remain. Future curb, gutter and sidewalk installed by the property owners will be within the right-of-way. V. DISCUSSION: A. The proposed street vacation has been reviewed by the City Engineering Department and the utility providers. B. The Franklin County PUD has requested an easement be retained across the southern 10 feet of Salt Lake Street. 9(a) _ k Oa © 6.... UCt ;3 ct �v 4—; }t r. . . . *.., 4t w "TIM. <r, i WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3" Pasco, WA 99301 ORDINANCE NO. 3919 AN ORDINANCE VACATING A PORTION OF SALT LAKE STREET AND COLORADO AVENUE. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City,the City Council may vacate rights-of-way; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Colorado Avenue from the south right-of-way line of Salt Lake Street to the north right- of-way line of Duluth Avenue between Blocks 16 and 17, Freys Addition, together with the south 10 feet of Salt Lake Street from the east right-of-way line of vacated Montana Avenue to the west right-of-way line of Utah Avenue except the following described right-of-way; commencing at the northeast corner of Lot 24, Block 17 as it appears on the plat of Frey's Addition, recorded in Book B of plats page 16, records of Franklin County Washington, said point also being the intersection of the southerly right of way of Salt Lake Street and the westerly right of way of Utah Avenue; thence northwesterly along the westerly right of way of Utah Avenue 5.36 feet to the true point of beginning; Thence continuing northwesterly along the westerly right of way of Utah Avenue, 4.64 feet to a line that is parallel with and 10 feet north of the southerly right of way of Salt Lake Street; thence southwesterly along said parallel line 14.39 feet to the beginning of a 25.00 feet radius curve, concave to the southwest; thence easterly along said curve, through a central angle of 35°28'16", 15.48 feet to the westerly right of way of Utah Avenue and the true point of beginning, as depicted in Exhibit"1" be and the same is hereby vacated subject to the easement retained in Section 2 below. Section 2. That the City shall retain an easement and the right to exercise or grant easements with respect to the south 10 feet of the Salt Lake Street right-of-way vacated in Section 1 above for the construction, repair and maintenance of public utilities and services. Section 3. This ordinance shall take full force and effect five(5)days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 18a' day of May, 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney yo t , 2L AGENDA REPORT TO: City Council May 14, 2009 FROM: Gary Crutchfield, nager Regular Mtg.: 5/18109 SUBJECT: Community Sury I. REFERENCE(S): 1. Timeline for National Citizen Survey, October Class H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 5/18: MOTION: I move to authorize the City Manager to contract for conduct of the 2009 National Citizen Survey, not to exceed$11,000. III. FISCAL IMPACT: Approximately$10,000 IV. HISTORY AND FACTS BRIEF: A) The city contracted with the National Research Center in Boulder (Colorado) in 2005 and 2007 for the conduct of the "National Citizen Survey" in Pasco. The survey is a nationally standardized survey used by communities throughout the country to gauge the citizens' perception of municipal service delivery. The report was useful in defining concerns for Council to address during its 2006 and 2008 biennial retreats (spring of each even-numbered year) and was also used to gain citizen response to specific questions selected by the City Council (in addition to the standard survey questions). In anticipation of the 2010 Council retreat, staff is preparing to contract for the National Citizen Survey to be conducted in late 2009, for receipt of the report in January 2010 (providing plenty of time to incorporate the results in preparation for the Council retreat in spring 2010). B) In addition to its use for Council retreat, the survey will be an integral part of the city's on-going effort to implement a formal "performance measurement program," using the International City Management Association program, initiated in 2007. The survey is used to compliment the financial data that will be collected each year regarding certain service functions, to add a qualitative perspective to the quantitative information. Thus, it is important that the survey be conducted on a regular basis (every two years). C) The base cost for the survey is $9,900 and may include up to three policy questions. The data may also be compiled in a "Normative Comparisons" report which compares Pasco's survey data with that of other jurisdictions of comparable size around the country; the additional cost for this report is $1,100. V. DISCUSSION: A) Staff strongly recommends the survey be conducted in late 2009, preferably in October or November; thus, the commitment must be filed with the National Research Center by August 2009. Doing so will result in the report being provided to the city by late January. B) The use of the specific questions option was beneficial in the 2005 and 2007 survey, and it may be for the 2009 survey as well. Staff would appreciate direction on what specific questions to include; it is understood that the specific questions need not be identified until October 1. C) Staff requests authorization to contract for the survey, and Council direction regarding questions to be included(questions can be identified by August). 10(a) 4 Timeline for The National Citizen Survey" October 2009 Class Legend: t Indicates when items from NRC are due to you 110-Indicates when items from you are due to NRC ♦Indicates information items Actual Item Week Dates Preparing for the survey ♦ The NCS survey process is initiated upon receipt of your enrollment form and first payment....week 1 Oct 5 t NRC emails you The NCS worksheet packet.............................................................................week 1 Oct 5 ► Due to NRC: Worksheets and additional payment for add-on options.......................................week 4 Oct 26 ♦ NRC uses the information you provided to generate the sample and customize the survey instrument for your jurisdiction......................................................................................weeks 5-6 Nov 2-Nov 9 t NRC provides confirmation documents about options selected by your jurisdiction and a sample of the postcard and mailing envelope for your records.........................................week 5 Nov 2 ► Due to NRC: Confirmation of options selected....................................................................week 6 Nov 9 ♦ NRC prints materials and prepares mailings........................................................................weeks 5-6 Nov 2- Nov 9 Conducting the survey ♦ Survey materials are mailed ♦ Prenotification postcards delivered to post office ............................................................week 7 Nov 16 ♦ 1"wave of surveys delivered to post office ......................................................................week 8 Nov 23 ♦ 2"d wave of surveys delivered to post office......................................................................week 9 Nov 30 ♦ Data collection: surveys received for your jurisdiction ..............................................................weeks 8-12 Nov 23-Dec 21 ♦ Note 1: During this time, you will receive postcards that were undeliverable due to bad addresses, or vacant housing units. This is normal. Please count all the postcards, as we will subtract the number of returned postcards from the total number mailed to estimate the number of"eligible" households in calculating the final response rate. ♦ Nate 2: You may receive phone calls from citizens during this time period who call to inform you they are outside of your jurisdiction's boundaries, or that they do not wish to receive additional mailings, etc. Please reassure them that their household was randomly selected, and while they may receive a total of three mailings from you, they will not receive any additional mailings after that time. ► Due to NRC: Final count of returned postcards .........................................................................week 12 Dec 21 ♦ Survey processing and report writing.........................................................................................week 12-14 Dec 21-Jan 4 ♦During this time, NRC will process the surveys, perform the data analysis, and produce a two-part draft report for your jurisdiction. The report of results will contain a description of the methodology, information on understanding the results, and graphs and tables of your results. The second report will include a description of NRC's database of normative data from across the U.S. and actual comparisons to your results, where appropriate. -4 NRC emails draft report(in PDF format) to you .........................................................................week 15 Jan 11 ► Due to NRC: jurisdiction feedback on the draft report...............................................................week 16 Jan 19 • NRC mails final report and data file to you (unless otherwise specified) ....................................week 17 Jan 25 • NRC mails final invoice to you......................... ........week 17 Jan 25 ................................................................. ► Due to NRC: Final payment for costs of The NCS......................................................................week 18 Feb 1 AGENDA REPORT FOR: City Council May 14, 2009 TO: Gary Crutchfi Manager Workshop Mtg.: 05/11/09 Rick White, Regular Mtg.: 05/18/09 Community & conomic Development Director FROM: Angela R. Pitman, Block Grant AdministratoroP SUBJECT: Contract for 5th and Ainsworth Infill Construction Proiect I. REFERENCE(S): A. Vicinity Map B. Price Analysis Worksheet C. Construction Contract D. General Terms & Conditions (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at http://www.pasco-wa.govlgeneralinfo/citycouncilMorts . II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 05/11: DISCUSSION 05/18: MOTION: I move to award the low bid for the 5th & Ainsworth Infill Construction (Project# CDBG09-003), to Titan Homes for the total amount of $382,928 including sales tax, and, further, authorize the City Manager to sign the contract documents. III. FISCAL IMPACT: $382,928 in Federal HOME funds. IV. HISTORY AND FACTS BRIEF: A. Pasco entered into a HOME consortium Agreement with Richland and Kennewick in 1995 making the City eligible for Federal HOME funds. B. On April 20, 2009, staff received two bids for the 2009 HOME 5th & Ainsworth Infill Construction Project, CDBG09-003. The bids were received from Titan Homes, in the total amount of$353,580, and RKD Builders, LLP, in the amount of$399,690 not inclusive of tax. The estimate for the project is $396,002. The budget for the project is increased to $400,000 for payment of applicable state and local taxes and landscaping change order. C. The project involves the design and build of three single family residential dwelling units on three lots located on South 5th Avenue. Staff believes that although only two bids were received, the bid received from Titan Homes represents a fair bid. V. DISCUSSION: A. The total contract amount has been revised to specifically include sales tax. B. As a result of discussion at the Council Workshop of May 11, 2009 Kiemle & Hagood, HOME Program Administrator, will negotiate with the Contractor for landscaping design and installation in the rear yard. This change order and estimate will be prepared for Council consideration at a later date. C. Staff recommends award of this contract to Titan Homes. 10(b) � ;C• ,. �pY 4...u , 5�.OJQ,A .; v A t mor s a s .t .rA.. WS IMP � r E;c A i u �,r,�� ter �,,�� � :�,'yam:..a _:Y':K•P`' � � x M Price Analysis - Worksheet The following worksheet will assist a PROJECT MANAGER in performing a price analysis. Definition - a price analysis is a review and evaluation of a proposed ('bottom-line")price for reasonableness without evaluating separate cost elements. • Document construction contract name and estimated cost: Proposed Construction Contract: $353,580 Estimated Construction Cost: $396,002 • List prices received in response to the solicitation. --- ----- ------ —– __...------._..__....--I Contractor Name Bid Cost Titan Homes $353,580 RKD Builders,LLC $399,690 _......._ ...._..... . - ........................ _.._........._._...._.._.....--- - -----._..._.._._._—.. i w _ I f I [ x ] The construction contract is being awarded to the lowest bidder. [ x ] The lowest bid price appears reasonable as compared to the independent cost estimate and other bids received. Certification: I certify that a price analysis has been performed as noted above for: (list construction contract) Contract: CHIP/lnfill New Construction, Project#CDBG09-003 Signature: `` p Contracting Officer CONTRACT THIS AGREEMENT made the day of 2009, between Titan Homes, LLC (hereinafter called the "Contractor") and the City of Pasco (hereinafter called the "Owner"). WITNESSETH, that the Contractor and the Owner, for the consideration hereinafter set out, agree as follows: _Article 1 —Scope of Contract A. The Contract between the parties is set forth in the "Contract Documents," which consist of this Agreement, "Attachment I" — 5th and Ainsworth Request for Proposals, "Attachment II" — Proposal submitted by the Contractor, and "Attachment III" — General Conditions of the Contract for Construction, and compliance with the United States Department of Housing and Urban Development HOME Program Regulations as provided at 24 CFR 92; "Exhibit I" — Insurance Requirements. This contract constitutes the entire agreement between the parties, and any previously existing contract concerning the work contemplated by the Contract Documents is hereby revoked. B. The Contractor shall furnish all of the materials and perform the full scope of work as defined in "Description" of the Request for Proposal. The Contractor will perform all work specified herein in accordance with the Drawings and Specifications. C. The Drawings, which are labeled"Lot 1-2", a one story, 3 bedroom plan and the "Lot 3", a one story, three bedroom plan were submitted by the Contractor in the proposal. Alterations of the submitted plans or additional plans may be offered by the Contractor and accepted by the Owner, provided they meet or exceed the specifications contained in the original submission. D. Changes in the Drawings and Specifications or any terms of the Contract Documents, or orders for extra work, or change by altering or adding to the work, or which will change the design concept, may be effected only with the prior written approval of the Owner, and under such conditions as are mutually agreeable to all parties hereunder. E. This Contract will cover construction of three (3) houses to be Energy Star Certified. Article 2 —Time A. The work to be performed under this Contract shall be commenced within ten (10) days of Contractor's receipt from the Owner of a written Notice to Proceed. The Owner's Written Notice to Proceed will be deemed received by the Contractor ten (10) days from the date of mailing, unless it is actually received sooner. Owner's Written Notice to Proceed will be issued within ten (10) days of the effective date of this Agreement. The effective date shall be defined as the date on which all parties to this Contract became signatory hereto. All work shall be completed within 150 consecutive calendar days after 1 Contractor's receipt of Owner's Written Notice to Proceed. The contractor shall pay as liquidated damages, the sum of two hundred dollars ($200.00), per house, for each consecutive calendar day, as evidenced by passing final building inspection and issuance of a Certificate of Occupancy by the City Building Department. The time by which the work shall be completed may be extended in accordance with the terms stated below (Attachment III, Paragraph 20): 20. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning and the time for completion as specified in the contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the"Notice to Proceed". The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the work described herein, is a reasonable time for the completion of the same,taking into consideration the average time for the completion of the average climate range and usual industrial conditions prevailing in this locality. (a) It is further agreed that time is of the essence of each and every portion of this contract and of the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the contract an additional time is allowed for the completion of any work the new time limit fixed by such extension shall be of the essence of this contract. Provide further,that the Contractor shall, within ten(10)days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the contract notify the Owner, in writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of its decision in the matter. B. The Contractor shall warrant all work in accordance with Contract Attachment III, Paragraph 41, as follows: 41. General Guaranty Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy of the premises by the Owner, shall constitute acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The Owner will give notice of observed defects with reasonable promptness. Article 3—Contract Sum and Payments A. The Owner shall pay the Contractor for the performance of the Contract, as hereinafter provided, the sum of$353,580 ($117,860 per home for three (3) homes), plus applicable Washington State Sales Taxes and any local sales taxes for a total of$382,928. Owner shall pay additional and appropriated Washington State Sales Taxes (including any local sales taxes imposed) to either the Contractor, or to the State of Washington (and applicable local municipalities). 2 B. Bi-weekly. progress payments shall be processed in accordance with Contract Attachment III, Paragraph 26, as follows. 26. Payments to Contractor (a) Not later than the I"or I S`h day of each calendar month,the Owner shall make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this contract, but to ensure the proper performance of this contract, the owner shall retain ten percent (10%) of the amount of each estimate until final completion and acceptance of all work covered by this contract: Provided that the Contractor shall submit his estimate not later than the I" or 15d' day of each calendar month; provided further, that on completion and acceptance of each separate building, public work, or other division of the contract, on which the price is stated separately in the contract,payment may be made in full for that portion, less authorized deductions. (b) In preparing estimates, the material delivered on the site and preparatory work done, may be taken into consideration. (c) All material and work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work, or as a waiver of the Owner to require the fulfillment of all the terms of the contract. (d) Owner's Right to Withhold Certain Amounts and Make Application Therefore: the Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature herein above designated have been paid, discharged,or waived. If the Contractor fails to do so,then the Owner may, after having served written notice on the said Contractor, either pay unpaid bills, of which the Owner has written notice, direct or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payment to the Contractor shall be resumed in accordance with the terms of this contract,but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor or his Surety. In paying any unpaid bills of the Contractor,the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be considered as a payment made under the contract by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith. C. Final payment and release of retention to the Contractor will be completed in accordance with Attachment 111, Paragraph 26, as previously written. Article 4 —Requirements of the Contractor A. The Contractor shall furnish, at its own expense, all licenses, tools, equipment, and temporary structures necessary for the construction of the project. The Contractor shall give all notices required by Attachment III and shall comply with all applicable codes, laws, ordinances, rules, and regulations. The Contractor shall further comply with the provisions of the Occupational Safety and Health Act of 1970. 3 B. If the Contractor observes that the Drawings and Specifications are at variance with any applicable codes, laws, ordinances, rules or regulations, or protective covenants, it shall promptly notify the Owner in writing, and any necessary changes shall be made in accordance with Attachment III. Article 5—Assurance of Completion A. The Contractor shall provide to the Owner assurance of completion in such a form as required by Attachment III, Paragraph 26. B. The Contractor shall provide a performance bond in the amount of the total contract price to assure performance under this agreement. Article 6—Right of Entry and Interpretation A. The City of Pasco and its agents or assigns shall, at all times during construction, have the right of entry and free access to the project and the right to inspect all materials and work done, equipment and fixtures furnished, installed or stored in and about the project. Article 7—Assi nments Subcontracts and Termination A. This Contract shall not be assignable by either parry without the prior written consent of the other party. B. Upon request by the Owner, the Contractor shall disclose the names of all persons with whom it has contracted or will contract with respect to work to be done and materials and equipment to be furnished hereunder. Article 8—Insurance Please see attached Insurance Requirements (Exhibit 1). Venue for any action under this contract shall be in Franklin County, Washington. This agreement shall be governed by the laws of the State of Washington. Article 9—Permits Contractor shall obtain at this own expense all permits and licenses necessary for work under this contract. Article 10— Code Conformance Contractor shall perform and cause to be performed all work in conformance with all applicable law. Article 11 — Non Discrimination in Government Employment_ Executive Order 11246 Subpart B — Contractor's Agreements Sec. 202. Except in contracts exempted in accordance with Section 204 of this Order, all Government contracting agencies shall include in every Government contract hereinafter entered into the following provisions: During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated 4 fairly during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment; advertising; lay-off, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or worker's representative of the Contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the non-discrimination clauses of this contract or with any of such rules, regulations orders, this contract may be canceled, terminated, or suspended in while or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order No. 11246 of September 24, 1965 or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontractors or purchase order as the contracting agency may direct as a means of enforcing such provision including sanctions for noncompliance; provided, however,that in the event the Contractor becomes involved in or threatened with, litigation with a subcontractor or 5 vendor as a result of such direction by the contracting agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Article 12 — Opportunities for Business and Lower Income Persons in Connection with _Assisted Proiects,Title 24 The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Action of 1968 as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns that are located in, or owned in substantial part by persons residing in the area of the project. (B) The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135 and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability, which would prevent them from complying with these requirements. (C) The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. (D) The contract will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The Contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (E) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its Contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. Article 13—Lead Based Paint Contractor will not use lead based paint materials on any surface interior or exterior. Article 14—Condition of the Premises Contractor shall keep the premises clean and orderly and remove all debris immediately and upon final completion of work. Materials and equipment that have been removed and replaced as part of the work herein shall belong to the Contractor. Article 15 —Non Assignment 6 Contractor shall not assign this contract or any part thereof without the written consent of the Owner. Request for assignment shall be sent to the Owner. Article 16 - Guarantee Contractor shall perform or cause to be performed all work under this contract in a good and workmanlike manner. Furthermore, Contractor guarantees that all work performed under this contract shall be free of defects in labor or materials for one year from date of completion (Certificate of Occupancy). Contractor shall furnish Owner with all suppliers and manufacturers written guarantees and warranties covering materials and equipment furnished under this contract. Article 17 —Inspection Contractor shall permit officials of the United States and the City to inspect work performed hereunder as well as to inspect Contractor's books, records, correspondence, drawings, receipts vouchers, payrolls, agreements, and other papers that relate to work performed under this contract. Contractor shall preserve the aforementioned records for five years after final payment hereunder. Article 18 - Breach Time is of the essence in performance of this contract. Upon Breach of any conditions within this contract the Owner may send to the Contractor written notice at his address listed herein by registered mail, return receipt request, setting out with particularity the nature in the breach. If within ten days after mailing such notice, Contractor has not satisfactorily remedied all breaches, the Owner may declare this contract in default. In addition to all other remedies afforded by law, the Owner shall upon Contractor's default, withhold all payments to the Contractor and Owner may assign a new Contractor to complete this contract. In the event of legal action against the Contractor arising out of this contract, the Owner shall be entitled to the award of reasonable attorney's fees. Article 19 —Hold Harmless The Contractor shall defend, indemnify, and hold harmless the Owner and any of its officials and employees and Kiemle and Hagood Company, from any and all liability arising out of the performance of this contract, including damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of the Contractor, his agents, and the Owner, its agents, employees, or Directors. The indemnity provision of this section shall not apply to damages arising out of bodily injury or property damage from sole negligence of the Owner, its agents, employees, or Directors. Article 20—Anti-Kick Back Provision The Contractor shall comply with the applicant regulations of the Secretary of Labor, United States Department of Labor made pursuant to the so-called "Anti-Kickback Act," of June 12, 1934, (48 Stat. 948; 62 Stat. 862, Title 18 U.S.C., Sec. 874; and Title 40 U.S.C,, Section 276(c) and any amendments or modifications thereof, shall cause appropriate provisions to be inserted in subcontracts to ensure compliance therewith by all subcontractors subject thereto, and shall be responsible for the submission of statements required of subcontractors thereunder except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions from the requirement thereof. 7 IN WITNESS WHEREOF, the parties to these present have executed this contract in two (2) counterparts, each of which shall be deemed an original, in the year and day first above mentioned. ATTEST: Owner: City of Pasco By: Gary Crutchfield, City Manager WITNESSED BY: (SEAL) Contractor: Titan Homes, LLC By: Aaron Sullivan, Member WITNESSED BY: (SEAL) 8 Exhibit l INSURANCE REQUIREMENTS Contractor 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 hereunder by the Contractor,their agents,representatives,employees or subcontractors. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: Automobile Liability: Insurance covering all owned,non-owned,hired and leased vehicles. Coverage shall be written on Insurance Services office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary,the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability: Insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage.The City of Pasco and Kiemle and Hagood Company shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. Worker's Compensation: Coverage as required by the Industrial Insurance laws of the State of Washington. Builders Risk: Insurance covering interests of the City,the Contractor, Subcontractors, and Sub-subcontractors in the work. Builders Risk insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood and earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. This Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. Minimum amounts of Insurance Contractor shall maintain the following insurance limits: Automobile Liability Insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Commercial General Liability Insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a$2,000,000 products-completed operations aggregate limit. Builders Risk: Insurance shall be written in the amount of the completed value of the project with no coinsurance provisions. Other Insurance provisions The Insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance and Builders Risk insurance: 1 Exhibit 1 The Contractor's insurance coverage shall be primary insurance as respect the City.Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled or changed by either party, except after thirty(30)days prior written notice by certified mail,return receipt requested,has been given to the City. Contractor's Insurance For Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers, or contractors as well as to any temporary structures, scaffolding and protective fences. Waiver of Subrogation The Contractor and the City waive all rights against each other, any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M.Best rating of not less than A: VII. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement evidencing the insurance requirements of the Contractor before commencement of work. Subcontractors Contractors shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage's for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 2