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HomeMy WebLinkAbout2009.06.08 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 P.M. June 8,2009 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) McNary Pool Revised Management Plan: 1. Agenda Report from Rick White, Community & Economic Development Director dated June 3, 2009. 2. February 20"l Memorandum to City Manager.* 3. Battelle Report on Salmon Predation.* 4. Corps Condensed Summary of Biologic Opinions.* 5. Korenko letter to Corps.* 6. Resolution opposing the 10 foot minimum anchoring requirement. *(Attachments in Council packets only; copies available for public review in the Planning office, the Pasco Library or on the city's webpage at htt :/!wwmLL)4sco- wa.i*ovigetieral info/citycouncilreports). (b) Franklin County Jail Expansion: 1. Agenda Report from Gary Crutchfield,City Manager dated June 5, 2009. 2. Conceptual Illustration of New Jail Building. 3. Conceptual"Ground Level"/Jail Footprint. 4. Conceptual "Upper Level"Footprint. 5. Conceptual Floor Plan for Municipal Court Space. 6. Pre-Design Construction Estimate. 7. Criminal Justice Sales Tax Estimate(2008). S. Proposed Resolution. (c) Six-Year Transportation Improvement Plan 2010-2015: 1. Agenda Report from Michael McShane, City Engineer dated June 3, 2009. 2. Proposed Plan. 3. Resolution. 4. Map (Council packets only; copy available for public review in the Public Works office, the Pasco Library or on the city's webpage at littp://www.pasco- wa.gnv,'generalinfo/citycouncilreports). (d) Public Notification Signage for Land Use Permits: 1. Agenda Report from Rick White, Community & Economic Development Director dated June 3, 2009. 2. Sign Template. 3. Proposed Notification Matrix. (e) Electronic Utility &Property Lien Search Services: 1. Agenda Report from Jim Chase,Finance Manager dated June 5, 2009. 2. Ordinance- Increasing Utility/Lien Search Fee and Amending Chapter 3.07 Fee Summary. (f) 2009 Justice Assistance Grant: 1. Agenda Report from Denis Austin, Chief of Police dated June 1, 2009. (g) Interagency Agreement for School Resource Officer Services: 1. Agenda Report from Denis Austin, Chief of Police dated June 4, 2009. 2. Proposed Interagency Agreement. (h) Interagency Agreement for Summer School Services: 1. Agenda Report from Denis Austin, Chief of Police dated June 4, 2009. 2. Proposed Interagency Agreement. Workshop Meeting 2 June S, 2009 5. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 6. EXECUTIVE SESSION: (a) (b) (c) 7. ADJOURNMENT. REMINDERS: 1. 12:00 p.m., Monday, June S, Pasco Red Lion — Pasco Chamber of Commerce General Membership Luncheon. ("Pasco Progress"; presented by Gary Crutchfield, City Manager, City of Pasco) 2. 10:00 a.m., Tuesday, June 9, Senior Center — Senior Citizens Advisory Committee Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; BOB HOFFMANN,Alt.) 3. 7:00 a.m., Thursday, June 11, Cousin's Restaurant - BFCG Tri-Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.; TOM LARSEN, Alt.) 4. 7:00 p.m., Thursday, June 11, Transit Facility — Ben-Franklin Transit Board Meeting. (COUNCILMEMBER MATT WATKINS, Rep.; MIKE GARRISON, Alt.) AGENDA REPORT FOR: City Council June P,2009 TO: Gary Crutchfield, ager Workshop Mtg.: 6/8/09 Regular Mtg.: 6/15/09 FROM: Rick White,�V� Community&Economic Development Director SUBJECT: McNM Pool Revised Management Plan I. REFERENCE(S): 1. February 201h Memorandum to City Manager* 2. Battelle Report on Salmon Predation* 3. Corps condensed summary of biologic opinions* 4. Korenko letter to Corps* 5. Resolution No. , opposing the 10 foot minimum anchoring requirement *(Attachments in Council packets only; copies available for public review in the Planning office, the Pasco Library or on the city's webpage at htw://ww%v.pasco- wa.gov/generalinfo/citycouncilreports). 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/8/09: DISCUSSION 6/15/09: MOTION: I move to approve Resolution No. , urging the Corps of Engineers to remove the minimum depth anchoring requirement for docks from provisions of the revised McNary Pool Management Plan. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. The Corps of Engineers developed the McNary Pool Shoreline Management Plan in 1980, and prepared revisions to this original Plan in 1983. It has not been updated since then. The Pasco Columbia River shoreline is regulated by the Plan. B. In January of this year, the Corps (along with a biologist and a Fish and Wildlife representative) presented draft revisions to the Management Plan at a public meeting at Columbia Basin College. C. The sentiment at the public meeting was one of concern over the regulatory requirements contained in the Plan revisions — especially regarding impacts to existing dock owners. D. Council was given a summary of the Plan revisions at the 3/23/09 Workshop meeting by staff and at the 5111/09 Workshop meeting by the Corps. II. DISCUSSION: A. The Battelle Report cites literature that concludes that the "extent of increase in predation on salmonids in the Columbia River resulting from over-water structures is not well known". B. The Corps of Engineers has provided literature references and sources that support the 10 foot minimum dock anchoring depth above the minimum operating level of the McNary Pool. 4(a) C. The Korenko letter explains that due to the speed of the current in various locations in the Columbia River, the effect of turbidity on salmonid smolts resulting from propeller wash is"transient and insignificant". D. Based on information contained in the above references, there is a genuine debate of public and scientific opinion on the beneficial effects of the proposed dock design criteria on juvenile salmon. E. The minimum anchoring depth of 10 feet above the minimum operating pool level of 335 feet is the one factor that impacts the majority of current dock owners and which these owners cannot control. It is likely that applying this minimum anchoring depth will result in the removal of most docks along the Pasco rivershore. RESOLUTION NO. A RESOLUTION URGING THE CORPS OF ENGINEERS TO REMOVE THE MINIMUM DEPTH ANCHORING REQUIREMENT FOR DOCKS FROM THE REVISED MCNARY POOL MANAGEMENT PLAN WHEREAS, the McNary Pool Management Plan was last amended in 1983, and since 1983 the population and land use patterns in the Tri-Cities have changed significantly; and WHEREAS, the existing McNary Pool Management Plan contains regulations that pertain to the transfer of ownership and the permitting process for docks; and WHEREAS, several species of salmonids in the Columbia River have been listed as threatened or endangered under the Endangered Species Act; and WHEREAS, the proposed plan revisions contain design criteria for docks that dictate size, material, design, transparency and depth for anchoring; and WHEREAS, the traveling pattern of juvenile salmonid smolts appears to be the center sections of the Columbia River in water depths of 30 to 40 feet; and WHEREAS, the Columbia River contains currents that range from 0 to 0.2 mph near or at the shore to 5.8 mph near or at the center of the River and true scientific and public debate exists over the effects of sedimentation from boat propeller wash relative to the River current on salmonid smolts. WHEREAS, the minimum requirements for depth and transparency of overwater structures are the subject of true scientific debate concerning beneficial/adverse impacts on the migration and predation of salmonid smolts. WHEREAS, the minimum proposed anchoring depth for docks of 10 feet above the minimum McNary operating pool level of 335 feet is impractical given the River depth at or near the Pasco shoreline and such minimum anchoring depth could result in the removal of most or all docks on said Pasco shoreline; and WHEREAS, the probable adverse effect on the human environment and the ability to utilize the shoreline for recreational purposes resulting from the 10 foot depth requirement will substantially exceed the very debatable and highly uncertain benefit to certain endangered fish and associated habitat; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: The City of Pasco urges the Corps of Engineers to remove the anchoring requirement of 10 feet above the minimum operating pool level of 335 feet from the proposed dock design criteria as applied and associated with the McNary Pool Plan Revisions of 2009. Passed by the City Council of the City of Pasco this day of , 2009 Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy,Deputy City Clerk Leland B. Kerr, City Attorney AGENDA REPORT TO: City Council June 5, 2009 FROM: Gary Crutchfi I Manager Workshop Mtg.: 6/8/09 SUBJECT: Franklin Count Jail Expansion I. REFERENCE(S): 1. Conceptual Illustration of new Jail Building 2. Conceptual "Ground Level"/Jail Footprint 3. Conceptual "Upper Level" Footprint 4. Conceptual Floor Plan for Municipal Court Space 5. Pre-Design Construction Estimate 6. Criminal Justice Sales Tax Estimate(2008) 7. Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 5/26: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The 25-year-old Franklin County jail requires renovation and is inadequate in size to meet current or future jail space needs. Renovation cost is estimated at $445 million and construction of an additional 225 beds in an expansion of the jail is estimated to cost about $28 million. The renovation and expansion, combined, are expected to accommodate jail space needs in Franklin County for another 25 years (minimum). B) Franklin County has two options for funding such a project, both subject to voter approval: a) traditional property tax bond; or b) criminal justice sales tax. If financed via property tax bond, the estimated debt service of $2 million annually would require an annual extra levy of about 46 cents per thousand of assessed value; thus, the owner of a $200,000 home would pay an additional $92 per year in property tax while a business with $1.5 million in taxable real/personal property would pay nearly $700 per year additional property tax. The same debt service would require a sales tax increase of 3/10 of a cent county-wide, as the county's share (60%) would approximate $1.9 million. Given the greater flexibility associated with the sales tax option and the fact it will grow over time (thus allowing some future problems to be addressed without additional tax burdens), the county prefers use of the 3/10 criminal justice sales tax option and seeks the city's opinion/support. C) One of the city's priority needs is to make room for the overcrowded police department and to pay for a new municipal court facility. The space currently occupied by the municipal court at the county's public safety building was constructed in the early 1970's and paid by the city as a long-term lease; that 40-year lease terminates in 2012 and the city has no place to conduct court thereafter. The police department has simply outgrown its space at City Hall due to the dramatic expansion of its staff, in keeping up with the city's population growth. A space-needs analysis and conceptual floor plan completed last year has identified a need for a new building on the east end of the City Hall campus to house the police department ($11 million) and possibly a new municipal court($3 million). D) Estimated debt service for a police station building combined with a new municipal court space approximates $1 million annually. If financed via property tax, an additional levy rate of about 37 cents per thousand dollars would be required; that represents an additional $74 per year for the owner of a$200,000 home. The city's additional property tax levy would be in addition to the county levy, if the county chooses to use property tax as a financing mechanism. The city's statutory share of the criminal justice sales tax (proportionate share of incorporated population applied to 40% of the total 3/10 sales tax annually)would approximate $1.2 million. 4(b) V. DISCUSSION: A) Although the county is legally responsible to provide jail space for felony crimes within the county, the city is responsible for housing city misdemeanants. Clearly, the best option for the city is to contract with Franklin County to house misdemeanants at the county jail (doing so avoids construction of a separate jail at city expense as well as transport costs between a separate jail and municipal court); this method has the added advantage of helping the county provide for operating costs associated with the jail (essentially, the city pays a large share of the annual operating cost for the county jail, in the form of daily prisoner housing cost). In essence, the city and county both benefit from a mutual contracting arrangement. As the county has nearly tripled in population since the current jail was built, expansion is clearly needed now and for future growth as well. The question is not whether a jail expansion is necessary; the question is "how best to finance?" such a project. B) As evidenced during the discussion of this matter during the recent joint "city/county" meetings, the county's jail expansion project could include new floor space for Pasco's municipal court (just as the city and county collaborated in 1970, a new long-term agreement could be developed whereby the city would pay for new court space as part of the jail expansion project). Thus, the county's jail project not only would provide a long- term solution to the city and county jail space need, but would also answer the question "where does the city conduct municipal court?" A long-term agreement (at least in principle) could be developed prior to the financing solution. C) Assuming the city is committed to including new court space in the jail expansion project, the financing question appears easily answered. To finance both projects via property tax would require two separate ballot issues (one county-wide for the jail; one within the city for the municipal court space and possibly the new police station); the effect, assuming voter approval, would be a total of 93 cents per thousand additional property tax on city property owners (assumes jail, court and police station), or $186 per year for a $200,000 home. On the other hand, the county-wide sales tax option would require one ballot question, county-wide, and the result (assuming approval of the 3/10 sales tax) would provide adequate funding for the jail expansion, municipal court and the police station. In addition, the revenue stream associated with the criminal justice sales tax (unlike the property tax) would tend to grow over time, thus absorbing growth in operating costs over time and minimizing the need to seek increased property or sales tax rates in the future. D) Given the space needs of the city (new municipal court and police station), the simplicity of the sales tax option (one, county-wide ballot), the ability of the criminal justice sales tax to fully support all three projects; the improved opportunity to collaborate with and mutually benefit the city and county criminal justice operations; and the reality that the criminal justice sales tax will grow over time, staff urges Council to prefer use of the county-wide criminal justice sales tax as the financing option for the jail expansion, municipal court space and new police station. That recommendation, however, is conditioned on the assumption that a satisfactory "agreement in principle" can be established prior to formal action. To that end, staff further recommends a joint resolution (city and county) which would spell out those principles in formal accord and express mutual support for the criminal justice sales tax ballot, presumably in November this year. E) Following Council discussion at the May I1 workshop meeting, city and county staff developed a joint resolution which outlines the basic rationale for a joint project agreement and the principles to be included in that agreement. In addition, the resolution declares the intent of the County Commission, with support of the Pasco City Council, to place a ballot proposition before the voters on the ballot, proposing the three-tenths of one percent sales tax addition. F) Continuing discussion between city and county staff over the past two weeks has identified the following language for the principles regarding the term of city occupancy of the court facility to be fully paid by the City: City will have minimum of 40 year lease of the space; county will have periodic right to terminate after 40 years, with at least 3 years notice and payment of depreciated value based on 80 year life of building space and industry standards. 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C- cn oo WI) 00 N .� 4 N N 000 00 00 � M N b9 69 � O 69 &S C p O V O Qm [ M M 'lzl� N Cp N O�, C M ON M CV O 00 It C4 N C 110 V' *t 0 M ,,,,, 69 6+4 69 0 00 6R G 0 cz .w R' H id w r.+ ,0 O M O 000 O R" A ON 0 U v _O c O cC O R. sots. O W A, w p O O 9F 'f E- M U a JOINT RESOLUTION OF THE CITY OF PASCO AND FRANKLIN COUNTY PASCO RESOLUTION NO. FRANKLIN COUNTY RESOLUTION NO. A RESOLUTION regarding construction of new County Jail and Municipal Court Space and the preferred financing thereof. WHEREAS, Franklin County is planning construction of a new 225-bed jail as well as renovation of the old jail, as both are needed to provide the capacity for housing local offenders as the county continues to grow over the next 20 years; and WHEREAS, the city contracts with Franklin County for housing of city misdemeanant offenders being adjudicated through Pasco Municipal Court, so having adequate jail space for pre-trial as well as post-trial confinement is critically important to the maintenance of public safety in the Pasco community; and WHEREAS, the city has operated its Municipal Court within space at the Franklin County Courthouse under the terms of a 40-year lease which will expire in 2012, thus necessitating that the city find new space in which to conduct its Municipal Court functions; and WHEREAS, the Franklin County Board of Commissioners and the Pasco City Council, during recent joint meetings, discussed the probability of the city paying for new Municipal Court space in conjunction with the county's construction of a new jail; and WHEREAS, the Franklin County Commission and Pasco City Council, having duly considered the efficiencies to be gained for both parties, jointly find that the citizens and taxpayers of both jurisdictions will be greatly benefitted by the parties executing an agreement whereby the Pasco Municipal Court functions can be housed, long term, at the Franklin County Courthouse, provided that the agreement is consistent with certain principles; and WHEREAS, the cost of such a facility requires the issuance of debt by the County, the repayment of which will require a voter-approved source of revenue; and WHEREAS, the County Commission and the Pasco City Council have considered the only two available options, an excess property tax levy or a three-tenths of one percent sales tax increase; and WHEREAS, the County Commission and the Pasco City Council both find that the sales tax option is much preferred because it provides sufficient funding for construction of both the jail and court facilities but will also provide sufficient funds for operation of those and other criminal justice functions throughout the county as well as the city and avoids an increase in the existing property tax burden on owners of property throughout the county; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO and THE BOARD OF COMMISSIONERS OF FRANKLIN COUNTY, WASHINGTON: Section 1. That the Franklin County Commission and Pasco City Council hereby agree to develop a detailed agreement to facilitate construction and occupancy of sufficient space for Pasco Municipal Court as part of the new jail project planned by Franklin County. Section 2. That the Franklin County Commission and Pasco City Council hereby agree that any such agreement will be wholly consistent with the following"Principles of Agreement": • Total floor area to be occupied solely by the city will be determined mutually but not less than 10,000 square feet in area. • City will pay for all construction cost attributed directly to the space mutually agreed to house Municipal Court and its related functions. • City will pay proportional cost of construction of"common areas" of new building directly related to the space mutually agreed to house Municipal Court. • City payment for construction costs will occur on the same schedule as any debt repayment schedule incurred by County for construction debt. • City will have long-term lease of subject space for the habitable life of the building. • City will pay proportional share of operating costs (utilities,janitorial, etc.) based on occupied space • The prisoner housing contract will remain substantially in its current form and content. County will not include jail construction or renovation costs in calculating the daily fee for city use of the jail facilities. Section 3. That the County Commission, with support of the Pasco City Council, will place a ballot proposition before the voters of the county in 2009, proposing an addition of three-tenths of one percent to the local sales tax, principally for construction and operation of a county jail and other public safety purposes. APPROVED by the City Council of the City of Pasco, Washington, this day of June, 2009. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney APPROVED by the Franklin County Commissioners, this day of June, 2009. Rick Miller, Chairman Robert E. Koch, Chair Pro-Tem Brad Peck, Commissioner AGENDA REPORT NO. 17 FOR: City Council Date: 06/03/2009 TO: Gary Crutchfi 1 Robert J. Albe , ire Public Works FROM: Michael McShane, City Engineer Workshop: 06/08/09 Regular: 06/15/09 SUBJECT: Six-Year Transportation Improvement Plan 2010 - 2015 I. REFERENCE(S): 1. Proposed Plan 2. Resolution 3. Map (Council packets only; Copies available for public review in the Public Works Office, the Pasco Library or on the City's webpage at http:/www.pasco- wa.gov/generalinfo/citycouncilreports) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 06108: Discussion 06/15: Conduct Public Hearing 06115: MOTION: I move to approve Resolution No. thereby adopting the City's Six-Year Transportation Improvement Plan for 2010 - 2015. III. FISCAL IMPACT: None IV. HISTORY AND BRIEF FACTS: A) Each year, all Cities and Counties in the State are required to adopt an updated Six-Year Transportation Improvement Plan specifically for federal and state funded projects. For the City of Pasco, this plan has consisted of all projects including the annual overlays, street widening, and signal projects which are within the City limits. Larger projects such as the Lewis Street Overpass also have been shown. B) The proposed six-year program represents those projects that are anticipated to be needed within six years. Several projects will need to be coordinated with utility projects which could change the actual timing of the projects. Although this process of adopting a six-year plan is a state requirement, the Council will again review the projects in the Six-Year C.I.P. process and the budgeting process. While the worksheets presented by staff include a potential funding source, many of the projects listed will be dependent upon available funding. In addition, staff will be pursuing available grants from the various funding programs. 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A RESOLUTION adopting the revised and extended Comprehensive Street, Storm Drain and Bridge Programs for the City of Pasco. WHEREAS, RCW 35.77.010 provides for annual revision and extension of the Comprehensive Street Program of each city and town, after holding public hearings thereon; and WHEREAS, it is now time to revise and extend the Comprehensive Street, Storm Drain and Bridge Programs; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, That the City Council of the City of Pasco hereby adopts the revision and extension of the Comprehensive Street, Storm Drain and Bridge Programs for the ensuing six years as attached hereto and labeled "Six-Year Transportation Improvement Plan 2010 - 2015" incorporated by this reference as though fully set forth herein; and Be It Further Resolved, that the Comprehensive Street, Storm Drain and Bridge Programs shall be filed with the Benton-Franklin Regional Council and the State of Washington. PASSED by the City Council of the City of Pasco this Day of June,2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the City Council of the City of Pasco will hold a public hearing to consider adoption of the Six-Year Transportation Improvement Program. THEREFORE, LET ALL CONCERNED TAKE NOTICE that a Public Hearing will be held by the City Council of the City of Pasco, Washington in the City Council chambers, Pasco City Hall, at the hour of 7:00 p.m., June 15, 2009 so that all concerned may appear and present any objections or support for the proposed adoption of the Six-Year Transportation Improvement Program. Debra L. Clark City Clerk AGENDA REPORT FOR: City Council June 3, 2009 TO: Gary Crutchfield, anager Workshop Mtg.: 0618/09 FROM: Rick White, 6 Community & Economic Development Director SUBJECT: Public Notification Signage for Land Use Permits 1. REFERENCE(S): 1. Sign template 2. Proposed notification matrix 11. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 06/08: DISCUSSION III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. State law authorizes communities to provide public notification of land use issues and permits through a variety of methods. Currently, the City publishes notices in the Tri-City Herald twice and directly notifies abutting or radius property owners by first class mail approximately 2 weeks prior to the action or hearing. B. Council has indicated interest in reviewing the benefits and drawbacks of posting specific sites with signage that advertise pending land use actions or permits. C. Following discussion of this matter and based on Council direction, staff has prepared a manner to incorporate signage into the City's existing land use processes. V. DISCUSSION A. The implementation process is relatively straightforward. The required contents for wording on the public notice signage can be determined at the time of application, and those requirements can be transmitted to a sign maker. The applicant is then responsible for purchasing the sign and physically posting the property. City staff will continue to directly mail public notices to adjacent or nearby property owners, and will continue to publish public notice in the Tri City Herald. B. The cost to the applicant is expected to be approximately $75. The sign will be 18" by 24", made of rigid plastic (Corex) and may take 2 business days to produce. C. The purpose or role of signage in the notification process should be addressed by Council. If posting the site with public notice of a pending land use permit is a "courtesy" rather than a requirement, then is it sufficient to accept an affidavit from the applicant that verifies the site has been posted? D. If posting the site with public notice of a pending land use permit is a requirement, then it will be necessary for staff to verify that the site has been posted. If the sign is missing at the time of verification, then processing of the land use pennit should cease until the site has been re-posted and an allowance made for a minimum of 10 days notice until processing of the permit recommences. 4(d) NO H-4 '_yam r-j 0 U 1 v u C) a� v C) lu O LCD 104 4J N m 5 I 0 • N O CUP cu x x x x x x o E u 0 'r- 0 CL q zr CL CL Z 2 46 LU CD z ui rn Q) CL 2 CI x x x x x LU 50 ui 4� 0 in 0 x x x x IX x z a - x x x x x x � x x O . ui ui 0= 4� x x x x x x oz Z cu U5 c o c 0 m 'u M CU 0- E z E 0 G! C: & a 0 > W =) E "J :3 i,. A E m a. cl. in .2 u.) (Eu CU 0 L, A., > :R 0 -0 u (U tz -ra as uj > > a ct, M -a E 0 0 CL< CL 0 U 0 CL m UJ x CL Ln E M a) z Ln s 45 0 CL 2 5 uj X x x AGENDA REPORT FOR: City Council Date: June 5, 2009 Workshop Meeting: June 8, 2009 TO: Gary Crutchfiel anager Regular Meeting: June 15, 2009 Stan Streb f 1, Ad 4in. Community Services Director FROM: Jim Cha finance Manager l SUBJECT: ELECTR NIC UTILITY & PROPERTY LIEN SEARCH SERVICES I. REFERENCE(S): Ordinance—Increasing Utility/Lien Search Fee and Amending Chapter 3.07 Fee Summary I1. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 618109 DISCUSSION 6/15/09 MOTION I move to pass Ordinance No. amending Chapter 3.07 Entitled "Fee Summary," and Amending Section 3.07.090 Entitled "Miscellaneous", increasing the fee for a Utility/Lien Search, and to authorize publication by summary only. III. FISCAL IMPACT: $3,000 in additional revenues. IV. HISTORY AND FACTS BRIEF; A. In 2004, a contract was signed with WebCheck, Inc to provide their WebCheck Canopy Services where a title insurance company or an escrow closing company can obtain access to water/sewer utility information and other property liens and assessments information through the internet 24 hours a day and print the information for their use in completing real property sales transactions. We went live on their system in 2005. B. During 2008 we received a total of$5,545 from lien search fees. There are between 20 to 30 access hit's per month. C. The City is charged a fee by WebCheck and in turn the title insurance and escrow companies pay a fee ($20) to the City for that internet access. Utility and lien data is sent to WebCheck on a daily basis. V. DISCUSSION: In 2005, WebCheck charged $8 for each "hit" or access to their system. In August of 2006 the charge was increased to $12. The lien search fee collected by Pasco from the title companies remained at $20. We recently received notification that WebCheck is increasing their charge, effective July 1, to $15. This will apply to all customers. They have numerous customers in Washington and Oregon. Staff feels an increase in the lien search fee to $30 would be appropriate. Our fee was not increased in when WebCheck increased their charge in 2006. Many cities on the west side of the state are already charging between $25 and $30 per search. Kennewick and Richland staff has indicated they are also considering increasing fees. We are required by the Revised Code of Washington 60.80.020 to provide utility only lien service at no charge (which would not include other liens). Staff will continue to perform utility only manual searches at no charge (the RCW gives up to 3 business days to provide). By using the internet, the title companies have the information needed in minutes; thus, the use of WebCheck is advantageous to the escrow companies and beneficial to the parties involved in real estate transactions. 4(e) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Increasing the Fee for a Utility/Lien Search and Amending Chapter 3.07 Entitled "Fee Summary," and Amending Section 3.07.090 Entitled "Miscellaneous". WHEREAS, the City of Pasco provides water/sewer utility and other liens and assessments searches for the closing totals at the sale of a parcel of land in Pasco; and WHEREAS, the City implemented an electronic service for accessing this information for the benefit of title insurance, escrow companies and other businesses in 2005; and WHEREAS, the increasing cost of providing this service should be paid by those using the service; and, WHEREAS, the City Council has determined that a fee increase from $20 to $30 is reasonable based on the speed and value that the City provides this service; and WHEREAS, in conformity with the laws of the State of Washington, the fee will not apply to utilities only request,NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. Effective as of July 1, 2009, the Utility/Lien Search Fee shall be increased to $30. Section 2. Section 3.07.090 entitled "Miscellaneous" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 3.07.090 MISCELLANEOUS Fee/Charge Reference A) Photocopy Fees—per copy $0.15 Admin. Order#42 B) Returned Checks $25.00 3.112.010 C) Utility/Lien Search Fee $30.00&20-.Ag (excluding utilities only requests) (Ord. 3713, 2005; Ord. 3533, 2002; Ord. 3543, 2002; Ord. 3553, 2002) Section 3. This Ordinance shall take full force and effect on July 1, 2009, after its approval,passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington and approved as provided by law this 15th day of June 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney AGENDA REPORT FOR: City Council Date: June 1, 2009 TO: Gary Crutchfi Manag Workshop Mtg.: June 8, 2009 FROM: Denis Austin, hief of Polic Regular Mtg.: June 15, 2009 SUBJECT: 2009 Justice Assistance Grant I. REFERENCE: II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 06108: Discussion 06/15: CONDUCT A PUBLIC HEARING MOTION: 1 move to authorize the application for 2009 Justice Assistance Grant funding to purchase anti-crime surveillance cameras. III. FISCAL IMPACT: City Funds—No required match for Federal funds Federal Funds — $22,355 City of Pasco Award $ 0 Franklin County Award $22,355 Total Award IV. HISTORY AND FACTS BRIEF: A) The Pasco Police Department is requesting permission to apply for $22,355 from the 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) funding to purchase anti-crime surveillance cameras. The grant is a joint award for the City of Pasco and Franklin County. The 2009 Edward Byrne Memorial JAG funding will enhance the department's ability to identify persons responsible for a variety of criminal activities through the use of covert surveillance cameras. The department proposes to use the cameras to capture images of offenders committing crimes. The images will be used to identify and prosecute the offenders. The purchase of the cameras and required accessories will expend the $22,355 award to the City. B) The Franklin County Sheriff's Office does not receive a cash award under this funding. The Sheriff indicated a desire to have the City administer the grant funding. A memorandum of understanding required under this grant would provide the Sheriff's Office with periodic access to one of the cameras for use in addressing crime in the unincorporated areas of Pasco. C) This particular Federal grant opportunity requires the conduct of a public hearing to receive public input on the proposed uses for the grant. Following conduct of the hearing, the City Council can make the final determination regarding use of the grant funding. 4(f) AGENDA REPORT FOR: City Council June 4, 2009 TO: Gary Crutchfie t ana r Workshop Mtg.: 6/8/09 Regular Mtg.: 6115/09 FROM: Denis Austin, ref of Police SUBJECT: Interagency Agreement for School Resource Officer Services I. REFERENCE: A. Proposed Interagency Agreement H. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS: 618: Discussion 8/15: MOTION: I move to approve the two-year Interagency Agreement with the Pasco School District for school resource officer services and, further, authorize the Mayor to sign the agreement. HI. FISCAL IMPACT: 2009 — 2011 City Funds: $336,458 ($194,813 for 4 school officers and $141,672 for one officer/instructor) 2009 -- 2011 Pasco School District Funds: $546,901 ($505,901 for 4 school officers and $41,000 for one officer/instructor) IV. HISTORY AND FACTS BRIEF: A) School Resource Officers (SRO) are full-time uniformed police officers primarily dedicated to providing law enforcement resource services to assigned schools and surrounding neighborhoods. SRO's are assigned to work at their assigned school for eight hours each scheduled school day. SRO's are assigned to work normal patrol duties when school is not in session. B) The Interagency Agreement between Pasco School District and the City of Pasco provides four SRO's (one SRO per school) at Stevens Middle School, Ochoa Middle School, Pasco High School, and Chiawana High School. The Pasco School District also pays to have an officer instructor teach an anti-bullying curriculum 460 hours each year (20 hours each week for 23 weeks) and patrol the elementary schools. C) The proposed Interagency Agreement is a two-year agreement effective August 2009 through June 2011. The School District will reimburse the City for the salary and fringe benefits costs for four (4) officers at the top salary level for police officer for 180 school days per year(8 hours per school day). D) It is understood by both parties that negotiations are in progress for a successor Collective Bargaining Agreement between the City of Pasco and the Pasco Police Officer's Association. A settlement of that contract will likely include an increased wage provision. Any increase in the wage rates or fringe benefit costs for the officers in the successor agreement would require an adjustment of the reimbursement costs paid by the School District for services in 2010 and 2011, including retroactive payments. 4(g) INTERAGENCY AGREEMENT Between Pasco School District No. 1 And City of Pasco, Washington This agreement, pursuant to Chapter 39.34 RCW is made and entered into by and between the Pasco School District No. 1, hereafter referred to as the "District" and the City of Pasco, a municipal corporation of the State of Washington, hereafter referred to as the "City." No special budget or funds are anticipated, nor shall be created. It is not intended that a separate legal entity be established to conduct this cooperative undertaking, nor is the acquiring, holding, or disposing of real or personal property other than as specifically provided within the terms of this Agreement, anticipated. The Chief of Police of the City of Pasco, Washington, shall be designated as the Administrator of this Interlocal Agreement. This Agreement shall be filed with the Franklin County Auditor, or alternatively listed by subject on either parties' website or other electronically retrievable public source. It is the purpose of this agreement to: 1. Enhance the safety and security of students, teachers, staff, and visitors and provide patrol of the various campuses of the District located within the City of Pasco, Washington. 2. Provide for the presence of armed and uniformed City Police Officers both inside and outside the school buildings on selected campuses of the District during certain school hours in support of such safety and security and the maintenance of a secure and peaceful learning atmosphere. 3. Provide for prevention, intervention, and prompt effective enforcement by the City's Police Department in situations involving, but not limited to: a. Maintenance of order b. Use, possession, or sale of illegal drugs and alcohol on school premises C. Crimes against persons d. Crimes against property e. Any other situations or activities which require the intervention of law enforcement officers; and 4. Provide for participation by police officers in the educational activities and role modeling to foster and enhance knowledge of and respect for law enforcement and law enforcement officers by students and the community. 5. Provide positive and supportive interface between law enforcement representatives and the District's substance abuse and harassment prevention efforts including, but not limited to Natural Helpers, Student Assistance Teams, Anti-Harassment and Bullying Project and other intervention and prevention efforts by the District. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 1 of 6 It is therefore mutually agreed that: 1. Statement of Work. The City shall furnish the necessary personnel and services and otherwise do all things necessary for and incidental to the performance of the work stated herein. The City shall: a. Station a full-time uniformed police officer at each of the following schools during the 180 days when school is in session during the months of August through June: (1) Pasco High School (8 hours/day) (2) Chiawana High School (8 hours/day) (3) Stevens Middle School (8 hours/day) (4) Ochoa Middle School (8 hours/day) Office space shall be provided as available at each school for the use of the School Resource Officer. Such office shall be equipped with one office desk and chair, and one locking cabinet. The City shall provide a lockable cabinet capable of securing police department equipment when not in use by the officer. b. Cooperate with the District to provide training and education to each assigned officer to insure effective communication and interrelation with the school community and its students; C. Cooperate with the District to monitor and evaluate the effectiveness of the assigned officers and the program; d. Meet as needed during the academic year with the District's representative (as designated by the District) to evaluate the effectiveness of the program; C. Cooperate with the District's representative to investigate and report on any complaints regarding the conduct of an assigned officer, share fully, as permitted by law, with the District's representative all results of such investigations for the purpose of responding to each complaint and cooperate to resolve each complaint. Provided, that it shall be the responsibility of the District to respond to any complaint the District received from a student, parent or patron of the District and communicate the results of any investigation to such person or persons. f. Assign one uniformed police officer to instruct the Anti-Harassment and Bullying Program curriculum in the grade schools within the city limits of Pasco, with the emphasis being on the fifth grade. The maximum number of hours the officer is available to train for, prepare, and instruct the anti-harassment and bullying curriculum is four hundred sixty (460) work hours or fifty-seven and one-half (57.5) workdays. This work will be performed during two and one-half (2.5) workdays each week (totaling twenty hours) for twenty-three (23) school weeks. The scheduled work hours will be: (1) Tuesdays and Thursdays (8 hours/day), and (2) Wednesdays (4 hours/day) Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 2 of 6 2. Terms and Conditions. All rights and obligations of the parties to this agreement shall be subject to and governed by the terms and conditions contained in the text of this agreement. 3. Period of Performance. Subject to its other provisions, the period of performance of this agreement shall continence in August 2009 and be completed in June 2011 unless terminated sooner as provided herein. Except that work performed by the Officer Instructor specified in item l.f. shall commence in October and be completed in April (23 school weeks) of each school year. The principal of each building shall be responsible for notifying the Chief of the City's Police Department of the school calendar, schedule of events and activities, and any changes in the same. The principal shall determine the specific hours when an officer shall be present within the limits set forth in Section 1.a. of the Agreement. 4. Payment. Based upon the negotiated wage agreement between the City and the police officers collective bargaining unit, the District shall reimburse the City for its expenses in employing four (4) officers for 180 days or 5,760 hours each year of this agreement as follows: a. For August 2009 through June 2010, an estimated total of two hundred forty-nine thousand seven hundred fifty-four dollars ($249,754). b. For August 2010 through June 2011, an estimated total of two hundred fifty-six thousand one hundred forty-seven dollars ($256,147). Actual amounts are to be determined by the parties based upon any negotiated wage increase between the City and the police officer's collective bargaining unit. G, Due to early release days and other regularly scheduled non-school days when an officer's presence is not required for a full eight (8) hours, in consideration for compensation as stated in section 4 above, the City agrees to provide officers during the school year for activities outside of the regularly scheduled school assignment. Requests for an officer's presence at school activities outside of the officer's regularly scheduled school assignment during the school year will be compensated separately at the estimated rate of$40.22 per hour for 2009, $43.36 per hour for 2010, and 44.47 per hour for 2011. 5. Billing Procedure. The City shall submit a monthly invoice or billing statement to the District. Payment shall be made to the City according to the regular procedures of the District. 6. Funding. In addition to the costs associated with the School Resource Officers, funding for an officer to instruct anti-harassment and bullying curriculum hereunder shall be provided by the District in the amount of$20,500. If for any reason the District exhausts its budgeted funds for payment to the City for its services described herein or funds from any expected funding source become unavailable, the District shall notify the City and the obligations of the City shall immediately cease and this agreement terminate, unless the district otherwise assumes the obligations for the payment of services rendered by the Police Department. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 3 of 6 7. Non-discrimination. In the performance of this agreement, the District and the City shall comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC 200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 7904) and Chapter 49.60 RCW, as now and hereafter amended. Both shall not, except as they may be specifically allowed by laws to do so, discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam-Era and Disabled Veterans status, or the presence of any sensor, mental, or physical handicap. In the event of non-compliance by either party or refusal to comply with the above provisions this agreement may be rescinded, canceled, or terminated in whole or in part. The non- complying party shall, however, be given a reasonable time in which to cure this non- compliance. Any dispute may be resolved in accordance with the"Disputes"procedure set forth herein. 8. Records Maintenance. The City shall maintain books, records, documents and other evidence that sufficiently and effectively reflect all direct and indirect cost expended in the performance of the services described herein. These records shall be subject to inspection, review or audit by the personnel of both parties, other personnel authorized by either party, the Office of the State Auditor and federal officers, if any, so authorized by law. The City and District shall retain all books, records, documents, and other materials relevant to this agreement for five (5) years after expiration. The office of the State Auditor, federal auditors, and any persons authorized by the parties shall have full access and the right to examine any of these materials during this five-year period. 9. Responsibilities and Authority of School Administrator. The principal or other administrator designated by the District is responsible for the supervision and daily operations of the school shall, subject to the lawful exercise of the officer's law enforcement responsibilities, schedule, assign and direct the officer's duties under this agreement. The principal is responsible for the investigation of non-criminal incidents that occur at or are related to the school. If the principal finds that he or she or any individual is in physical danger, the principal may request the law enforcement officer to assist him or her. In the case of a search of student property for the violation of District rules or other administrative reasons, the school principal or designated administrator or District employee will conduct the search. Once the principal has reason to believe that a crime has been or may be committed, the principal or other designated administrator shall request the law enforcement officer to assume responsibility. The building administrator shall have the responsibility to contact and report to parents and patrons regarding activities and findings of the law enforcement officer, where appropriate. 10. Indemnification. Each party shall defend, protect and hold harmless the other party from and against all claims, suits and/or actions arising from any negligent or intentional act or omission of that party's employees or agents while performing under this agreement. 11. Agreement Alterations and Amendments. The District and the City may mutually amend this agreement. Such amendments shall not be binding unless they are in writing and signed by the personnel authorized to bind the District and the City. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 4 of 6 12. Termination. Except as otherwise provided for in this agreement, either party may terminate this agreement by providing sixty (60) days advance written notification to the other party of their intent to terminate the agreement. If this agreement is so terminated, the terminating party shall be liable only for performance, in accordance with the terms of this agreement for performance rendered prior to the effective date of termination. 13. Savings. Should any portion of this agreement be declared illegal, the balance of the agreement shall remain in full force and effect to carry out the purposes of this agreement. 14. Disputes. In the event that a dispute arises under this agreement, it shall be resolved in the following manner: The Director of Educational Services of the District shall appoint a member to the Dispute Board. The Pasco Chief of Police shall appoint a member to the Dispute Board. The Director of Educational Services and the Pasco Chief of Police shall jointly appoint a third member to the Dispute Board. That person shall act as chairperson, convene the Dispute Board and cause a determination of the dispute, arrived at by a majority of the Board, to be rendered in a timely manner. The determination of the Dispute Board shall be final and binding on the District and the City. 15. Notices. Any notices required herein or related hereto shall be delivered in writing to the District at: Pasco School District No.1 Attn.: Director of Student Services 1215 West Lewis Street Pasco,WA 99301 And to the City at: Chief of Police Pasco Police Department 525 North 3rd Avenue Pasco, WA 99301 16. All Writings Contained Herein. This agreement contains all the terms and conditions agreed to by the parties. No understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties to this agreement. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 5 of 6 In Witness whereof, the parties have executed this agreement effective this day of 2009. City of Pasco: Pasco School District No. 1 Joyce Olson William Leggett Mayor President, Board of Education Attest: Debbie Clark Saundra Hill City Clerk Superintendent Approved as to Form: Leland Kerr Larry Mayfield City Attorney Assistant Superintendent Sarah Thornton School District Counsel Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 6 of 6 2009 - 2011 Total Cost Estimate August 2009..JII Number of Officers 4 Hourly Rate with Benefits (Estimate) $ 43.36 Total Hourly Rate (Estimate) $ 173.44 Number of Hours Each School Day 8 Number of School Days 180 Total Number of Officer Hours 1440 Sub-total of Estimated Cost $ 249,753.60 I�►e1�u�St 21��Q°-,��1."1@ x:11 �� 1 � .a` � . Number of Officers 4 Hourly Rate with Benefits (Estimate) $ 44.47 Total Hourly Rate (Estimate) $ 177.88 Number of Hours Each School Day 8 Number of School Days 180 Total Number of Officer Hours 1440 Sub-total of Estimated Cost $ 256,147.20 2009:-:201.1—To # t+ ;: $ 505,900.80 AGENDA REPORT FOR: City Council June 4, 2009 TO: Gary Crutchfiel toolic anage Workshop Mtg.: 618/09 Regular Mtg.: 6115/09 FROM: Denis Austin, C ief SUBJECT: Interagency Agreement for Summer School Services I. REFERENCE: A. Proposed Interagency Agreement II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS: 6/8: Discussion 6/15: MOTION: I move to approve the Interagency Agreement with the Pasco School District for summer school services and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Pasco School District Funds - $ 7,722 IV. HISTORY AND FACTS BRIEF: A) School Resource Officers (SRO) are full-time uniformed police officers primarily dedicated to providing law enforcement resource services to assigned schools and surrounding neighborhoods. The School District has requested an extension of the SRO services for the 2009 Summer School at Pasco High School. Normally, SRO services are not provided during summer months. The School District has summer school programs at Pasco High School, New Horizons High School, Ochoa Middle School, and Stevens Middle School. As a proactive measure, the School District has requested SRO services for up to eight hours each day of summer school. There are 24 summer school days from June 22°d to July 24`h. SRO's are assigned to work normal patrol duties when school is not in session. B) The proposed Interagency Agreement is effective June through July 2009, and provides one School Resource Officer for the 2009 Summer School. The School District will reimburse the City for the salary and fringe benefits costs for one officer at the top salary level for police officer for 192 hours during 24 summer school days. As evidence of their intention to move forward with the proposed Interagency Agreement the School District has verbally committed to reimbursing the City for the wage and benefit costs for one School Resource Officer during summer school. 4(h) INTERAGENCY AGREEMENT Between Pasco School District No. 1 And City of Pasco, Washington This agreement, pursuant to Chapter 39.34 RCW is made and entered into by and between the Pasco School District No. I, hereafter referred to as the "District" and the City of Pasco, a municipal corporation of the State of Washington, hereafter referred to as the"City." No special budget or funds are anticipated, nor shall be created. It is not intended that a separate legal entity be established to conduct this cooperative undertaking, nor is the acquiring, holding, or disposing of real or personal property other than as specifically provided within the terms of this Agreement, anticipated. The Chief of Police of the City of Pasco, Washington, shall be designated as the Administrator of this Interlocal Agreement. This Agreement shall be filed with the Franklin County Auditor, or alternatively listed by subject on either parties' website or other electronically retrievable public source. It is the purpose of this agreement to: I. Enhance the safety and security of students, teachers, staff, and visitors and provide patrol of the various campuses of the District located within the City of Pasco, Washington. 2. Provide for the presence of armed and uniformed City Police Officers both inside and outside the school buildings on selected campuses of the District during certain school hours in support of such safety and security and the maintenance of a secure and peaceful learning atmosphere. 3. Provide for prevention, intervention, and prompt effective enforcement by the City's Police Department in situations involving, but not limited to: a. Maintenance of order b. Use,possession, or sale of illegal drugs and alcohol on school premises C. Crimes against persons d. Crimes against property e. Any other situations or activities which require the intervention of law enforcement officers; and 4. Provide for participation by police officers in the educational activities and role modeling to foster and enhance knowledge of and respect for law enforcement and law enforcement officers by students and the community. 5. Provide positive and supportive interface between law enforcement representatives and the District's substance abuse and harassment prevention efforts including, but not limited to Natural Helpers, Student Assistance Teams, Anti-Harassment and Bullying Project and other intervention and prevention efforts by the District. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 1 of 5 It is therefore mutually agreed that: 1. Statement of Work. The City shall furnish the necessary personnel and services and otherwise do all things necessary for and incidental to the performance of the work stated herein. The City shall: a. Assign a full-tune uniformed police officer for tight consecutive hours each day from 0'7:30 AM to 3:30. to provide School.Resource Officer; services at specifW schools Juste 22 -July.24,..20N,(except July 3; �.09} in aecordauce with the following-solute.. . New FJor zone AAltern tive High:Sc12oo1;-June 22 -:July .17 ;20(39' Monday Friday iii 0666: & 'Stevens Middle Schools: June 22 July, 16, '2009 Monday Thursday iii. Pasco.High School:June 29 July 24, 2009 Monday- Friday The SRO will be at each.school for ae first-M. week of classes a&they occur at that school.; The SRS is also-responsible fo�r.xespcidtng tc� inciiertts.-at the other schools,as needed during the:o v rl p periods.; The SRO sbal:make dertditi that the Administration at each school is.aware of hrAer physical.,..locaticzn (specific school)for that.day.' Generally, the quickest way to get he SRO to respond to an alternate school will be to call the Franklin County Emergency Dispatch Center and request the SRO be sertt to the incident at a specifc school, Office space shall be provided as available at each school for the use of the School Resource Officer. Such office shall be equipped with one office desk and chair, and one locking cabinet. The City shall provide a lockable cabinet capable of securing police department equipment when not in use by the officer. b. Cooperate with the District to provide training and education to each assigned officer to insure effective communication and interrelation with the school community and its students; C. Cooperate with the District to monitor and evaluate the effectiveness of the assigned officers and the program; d. Meet as needed during the academic year with the District's representative (as designated by the District)to evaluate the effectiveness of the program; e. Cooperate with the District's representative to investigate and report on any complaints regarding the conduct of an assigned officer, share fully, as permitted by law, with the District's representative all results of such investigations for the purpose of responding to each complaint and cooperate to resolve each complaint. Provided, that it shall be the responsibility of the District to respond to any complaint the District received from a student, parent or patron of the District and communicate the results of any investigation to such person or persons. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 2 of 5 2. Terms and Conditions. All rights and obligations of the parties to this agreement shall be subject to and governed by the terms and conditions contained in the text of this agreement. 3. Period of Performance. Subject to its other provisions, the period of performance of this agreement shall commence on June 22, 2009 and be completed on July 24, 2009 with July 3rd scheduled off, unless terminated sooner as provided herein. The principal shall be responsible for notifying the Chief of the City's Police Department of the school calendar, schedule of events and activities, and any changes in the same. The principal shall determine the specific hours when an officer shall be present within the limits set forth in Section l.a. of the Agreement. 4. Payment. The District shall reimburse the City for its expenses in employing one officer for 192 hours as follows: a. For June 22, 2009 through July 24, 2009, an estimated total of seven thousand seven hundred twenty-two dollars ($7,722). Actual amount will be determined by the parties based upon any negotiated wage increase between the City and the police officer's collective bargaining unit. The current wage rate with benefits is $40.22. 5. Billing Procedure. The City shall submit a monthly invoice or billing statement to the District. Payment shall be made to the City according to the regular procedures of the District. 6. Funding. If for any reason the District exhausts its budgeted funds for payment to the City for its services described herein or funds from any expected funding source become unavailable, the District shall notify the City and the obligations of the City shall immediately cease and this agreement terminate, unless the district otherwise assumes the obligations for the payment of services rendered by the Police Department. 7. Non-discrimination. In the performance of this agreement, the District and the City shall comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC 200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 7904) and Chapter 49.60 RCW, as now and hereafter amended. Both shall not, except as they may be specifically allowed by laws to do so, discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam-Era and Disabled Veterans status, or the presence of any sensor, mental, or physical handicap. In the event of non-compliance by either party or refusal to comply with the above provisions this agreement may be rescinded, canceled, or terminated in whole or in part. The non- complying party shall, however, be given a reasonable time in which to cure this non- compliance. Any dispute may be resolved in accordance with the "Disputes"procedure set forth herein. 8. Records Maintenance. The City shall maintain books, records, documents and other evidence that sufficiently and effectively reflect all direct and indirect cost expended in the performance of the services described herein. These records shall be subject to inspection, Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 3 of 5 review or audit by the personnel of both parties, other personnel authorized by either party, the Office of the State Auditor and federal officers, if any, so authorized by law. The City and District shall retain all books, records, documents, and other materials relevant to this agreement for five (5) years after expiration. The office of the State Auditor, federal auditors, and any persons authorized by the parties shall have full access and the right to examine any of these materials during this five-year period. 9. Responsibilities and Authority of School Administrator. The principal or other administrator designated by the District is responsible for the supervision and daily operations of the school shall, subject to the lawful exercise of the officer's law enforcement responsibilities, schedule, assign and direct the officer's duties under this agreement. The principal is responsible for the investigation of non-criminal incidents that occur at or are related to the school. If the principal finds that he or she or any individual is in physical danger, the principal may request the law enforcement officer to assist him or her. In the case of a search of student property for the violation of District rules or other administrative reasons, the school principal or designated administrator or District employee will conduct the search. Once the principal has reason to believe that a crime has been or may be committed, the principal or other designated administrator shall request the law enforcement officer to assume responsibility. The building administrator shall have the responsibility to contact and report to parents and patrons regarding activities and findings of the law enforcement officer, where appropriate. 10. Indemnification. Each party shall defend, protect and hold harmless the other party from and against all claims, suits and/or actions arising from any negligent or intentional act or omission of that party's employees or agents while performing under this agreement. 11. Agreement Alterations and Amendments. The District and the City may mutually amend this agreement. Such amendments shall not be binding unless they are in writing and signed by the personnel authorized to bind the District and the City. 12. Termination. Except as otherwise provided in this agreement, either party may terminate this agreement by providing sixty (60) days advance written notification to the other party of their intent to terminate the agreement. If this agreement is so terminated, the terminating party shall be liable only for performance, in accordance with the terms of this agreement for performance rendered prior to the effective date of termination. 13. Savings. Should any portion of this agreement be declared illegal, the balance of the agreement shall remain in full force and effect to carry out the purposes of this agreement. 14. Disputes. In the event that a dispute arises under this agreement, it shall be resolved in the following manner: The Director of Educational Services of the District shall appoint a member to the Dispute Board. The Pasco Chief of Police shall appoint a member to the Dispute Board. The Director of Educational Services and the Pasco Chief of Police shall jointly appoint a third member to the Dispute Board. That person shall act as chairperson, convene the Dispute Board and cause a determination of the dispute, arrived at by a majority of the Board, to be rendered in Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 4 of 5 a timely manner. The determination of the Dispute Board shall be final and binding on the District and the City. 15. Notices. Any notices required herein or related hereto shall be delivered in writing to the District at: Pasco School District No.1 Attn.: Student Services Administrator 1215 West Lewis Street Pasco, WA 99301 And to the City at: Pasco Police Department Attn: Chief of Police 525 North 3rd Avenue Pasco, WA 99301 16. All Writings Contained Herein. This agreement contains all the terms and conditions agreed to by the parties. No understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties to this agreement. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 5 of 5 In Witness whereof, the parties have executed this agreement effective this day of 2009. City of Pasco: Pasco School District No. 1 Joyce Olson Saul Martinez Mayor President, Board of Education Attest: Debbie Clark Saundra L. Hill City Clerk Superintendent Approved as to Form Leland Ken Larry Mayfield City Attorney Assistant Superintendent Sarah Thornton School District Counsel Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 6 of 5 2009 Summer School Cost Estimate 060409 ALL.:S MMER MS ':... Number of Officers Hourly Rate with Benefits $ 40.22 Total Hourly Rate $ 40.22 Number of Hours Each School Day 8 Number of School Days 24 Total Number of Officer Hours 192 Estimated Cost - PHS ", 4 C 7,22