HomeMy WebLinkAbout2011.01.31 Council Workshop Packet AGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. January 31,2011
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance.
3. VERBAL REPORTS FROM COUNCILMEM 3ERS:
4. ITEMS FOR DISCUSSION:
(a) Hanford Communities Annual Report. (NO WRITTEN MATERIAL ON AGENDA)
Presented by Pam Larsen, Executive Director, Hanford Communities.
(b) Hanford Advisory Board Presentation. (NO WRITTFN MATERIAL ON AGENDA)
Presented by Rob Davis, City's representative to the Hanford Advisory Board.
(c) Delayed Street Improvements:
1. Agenda Report from Rick White, Community & Economic Development Director dated
January 25, 2011.
2. Proposed Ordinance.
(d) Comprehensive Water System Plan:
1. Agenda Report from Doyle L. Heath, Utility Engineer dated January 24, 2011.
2. Summary of Pasco's Water System Plan.
3. System Map.
(e) Energy Efficient Streetlight Replacement:
1. Agenda Report from Stan Strebel,Deputy City Manager dated January 20, 2011.
2. Streetlight Cost/Saving Schedule.
3. Proposed Resolution.
4, Proposed Agreement.
(f) Parks,Recreation and Forestry Comprehensive Plan Update:
1. Agenda Report from Rick Terway, Administrative & Community Services Director dated
January 24, 2011.
2. Proposed Parks, Recreation and Forestry Plan Update (Council packets only; copy
available for public review in the Administrative & Community Services office, the Pasco
Library or on the city's webpage at http;//www.paseo-wa.goy/eirireouncilreports).
3. Resolution.
4. Memo to Planning Commission.
5. Minutes from Planning Commission meeting dated January 20, 2011.
(g) Revision of Bi-PIN Interlocal Agreement:
1. Agenda Report from Gary Crutchfield,City Manager dated January 20, 2011.
2_ Proposed Agreement.
(h) Marketing and Sponsorship Agreement:
1. Agenda Report from Rick Terway, Administrative & Community Services Director dated
January 27, 2011.
2. Proposed Agreement.
(i) Award of Public Works Contracts:
1. Agenda Report from Stan Strebel,Deputy City Manager dated January 10,2011.
2. Proposed Ordinance.
3. PMC Chapter 14.11.
(j) Quasi Judicial Hearing Procedures:
1. Agenda Report From Gary Crutchfield,City Manager dated January 27, 2011.
2. Draft Ordinance.
5. OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
Workshop Meeting 2 January 31, 2011
6. EXECUTIVE SESSION:
(a) Claim Litigation
(b)
(c)
7. ADJOURNMENT
REMINDERS:
1. 12:00 p.m., Wednesday, February 2, 2601 N. Capitol Avenue — Franklin County Mosquito Control
District Board Meeting. (COUNCILMBMBER BOB HOFFMANNr, Rep.; AL YENNEY,Alt.)
2. 5:30 p.m., Thursday, February 3, Parks & Rec. Classroom — Parks & Recreation Advisory Cour:cil
Meeting. (COUNCILMEMBER SAUL MAR`111NEZ, Rep.; MIKE GARRISON, AIt.)
AGENDA REPORT
FOK: City Couiicilr January 26, 2011
TO: Gary Crutc i '' Manager Workshop Mtg.: 1131111
Regular Mtg.: 217111
FROM: Rick White:ZV4
Community & Economic Development Director
SUBJECT: Delayed Street Imyrovements
I. REFERENCE(S):
1. Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
1/31: DISCUSSION
217: MOTION: I move to adopt Ordinance No. an Ordinance amending
PMC 12.36.040 by deleting certain "Exemptions" to Concurrency
and adding a new section for "Exceptions" and, further, authorize
publication by summary only.
Iii. FISCAL IMPACT:
NONE
1V. HISTORY AND FACTS BRIEF:
A. This past year, staff recommended that Crescent Road be improved to city standards and
the cost recovered through the use of a Local Improvement District (LID) or latecomer
agreement authorized by state law and city ordinance. After considerable deliberation,
City Council determined that improvement of the road through an LID was not timely,
given the opposition of some of the property owners along the west side of the current
dead-cnd roadway. There was also uncertainty of when a farm circle on the east side of
the roadway would be developed, which affects the probability of road improvements
through a latecomer agreement.
B. One owner of property on the west side of the roadway desires to build a single family
home. City code requires that the property owner install the share of public improvements
necessary to serve the property in conjunction with construction of the home. Although
this is normally done through a subdivision (before homes are built), the subject
properties were divided without application of those requirements. Consequently,the city
must require the improvements in conjunction with the home construction. The cost of
extending the street improvement the distance necessary to connect with the existing city-
standard improvement (on the north side of the property) is reasonably considered
burdensome for a single property owner. Thus, the requirement effectively results in the
practical delay of the home construction until such time as the road is improved by the
city through some standard financing means (LID or latecomer agreement).
C. Council has considered establishing a limited waiver process that would provide for
situations similar to the Crescent Road example described above at workshops in August,
October and November of 2010. The direction provided at those workshops was to
establish an alternative to providing full concurrency in specific circumstances.
D. Council had specific questions in November related to State law that may restrict the use
of latecomer agreements for improvements that benefit the general public as opposed to
an adjacent property owner.
V. DISCUSSION:
A. The dilemma faced by the owner of the single property on Crescent Road is like that of
several others in the community that own parcels lawfully platted but without the
necessary street improvements to meet city standards. Indeed,the problem exists in some
of the older plats in the eastern part of the city approved in the early 1900s; back then,
lots were drawn out on paper and sold to individuals with absolutely no public
improvements in place. A century later, the current owner is unable to build a home on
the lot because there is no street or utilities extended to it.
B. Any option, other than an LID or a latecomer agreement,that would relieve the difficulty
of the requirement, is considered an "exaction." Exactions are controlled thl•ough State
law and there are few opportunities to develop a process that provides a great degree of
4(c)
flexibility. State law and the courts are consistent in generalizing almost all such
development exactions as "impact fees"—necessitating their use within six years.
C. The proposed ordinance provides for an exception to concurrency requirements if the
permittee pays a proportionate share of the planned street improvements in conjunction
with a building permit and the street is on the city's CIP. The proposed ordinance also
provides that Council consider at least the following criteria for placing a street on the
CIP:
• The cost of constructing the required improvement creates a disproportionate burden
upon the permit applicant;
• The required improvement is necessary for beneficial use of the property;
• The required improvements would benefit more than the permit applicant/owner;
• The improvement is on a collector, minor or principal arterial;
• The required improvements are unlikely to be funded through other means within the
CIP tirneframe; and
• The City will establish a latecomer agreement at the time of construction of the
required improvements and has a reasonable expectation to recoup a sufficient
portion of the costs of constructing the improvement.
D. The proposed ordinance includes a provision that states that Council is not obligated to
include a street on the CIP,
E. Council consideration of the CIP occurs yearly. The CIP is a legislative decision that
contributes to sound fiscal and growth management. Inclusion of a street on the CIP for
the purpose of exceptions to concurrency would require a deliberate decision by Council,
as it would make that project more of a "commitment," rather than a "wish list." In
addition, application of this exception to concurrency will require Council to recognize
that applicable roadway improvements may not be in place for up to 6 years after a
permit has been issued.
F. The City Attorney has provided a legal opinion that addresses concern over State law and
improvements benefitting the general public. The City Attorney has concluded that
latecomers agreements can be utilized to finance city streets of all types, and the city's
Concurrency Ordinance provides for the definition of the proportionate share of
improvements to be paid by the adjacent property owner.
G. Application of this alternative may include one of the following scenarios;
• The property owner applies for a building permit and is required to meet concurrency
(construct necessary street improvements);
• The property owner petitions Council to include the portion of the street needed to
meet concun-ency in the CIP based on his belief that the above criteria apply to his
circumstance;
• Council elects to include the street segment on the CIP (essentially providing a
commitment for financing);
• Based on the inclusion of the street in the CIP, the property owner pays their
proportionate share of street improvements and obtains a building permit:
• The improvements are constructed by the city within six years, using one or more
sources of funding(impact fees, grants, capital improvement monies...);
• The city then establishes a latecomers agreement to recover a portion of the costs.
• The latecomers agreement is in place for a 15-year period and the city recovers some
portion or perhaps all of the funds expended for construction of the improvement.
Or:
• The property owner applies for a building permit and is required to meet concurrency
(construct necessary street improvements);
• The property owner petitions Council to include the portion of the street needed to
meet concurrency in the CIP based on his belief that the above criteria apply to his
circumstance;
• Council determines that the street segment does not merit inclusion in the CIP based
on the criteria. This leaves the property owner responsible for meeting concurrency—
regardless of the costs.
• The property owner withdraws his application for a building permit or makes the
required street improvement.% and establishes a private latecomer agreement. Through
the term of the 15-year agreement, the property owner recovers some portion or
perhaps all of the funds expended for construction of the improvement.
H. in addition to the new provisions, a portion of existing Section 12.36.040 (1)
"Exemptions" of the PMC is proposed for deletion and renaming as it does not contain
rational criteria to provide waivers for development activities specifically located east of
20th Avenue.
ORDINANCE NO.
AN ORDINANCE AMENDING PMC TITLE 12 DEALING WITH MINIMUM
REQUIREMENTS FOR CONCURRENCY
WHEREAS, RCW 36.70A.070, requires the City to "adopt and enforce ordinances which
prohibit development approval if the development causes the level of service on a transportation
facility to decline below the standard adopted in the Transportation Element of the
Comprehensive Plan, unless transportation improvements or strategies to accommodate the
impacts of development are made concurrent with the development; and,
WHEREAS, RCW 36.70A.070, also specifics that "concurrent with the development"
means that improvements or strategies are in place at the time of„development, or that financial
commitment is in place to complete the improvements or strategies within six (6)years; and,
WHEREAS, the City's Capital Improvement Plan contains street improvement projects
with identified funding and timing; and,
WHEREAS, the Capital Improvement Plan is considered annually by the City Council;
and,
WHEREAS, the City Council seeks to ensure that the requirements of the State Growth
Management Act are met and avoid disproportionate construction delays in limited
circumstances; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Title 12 of the Pasco Municipal Code be and the same is hereby
amended to delete certain exemptions and include new subsections 12.36.040 (2) and (3) to read
as follows:
12.36.040. EXCEPTIONS 4, Tom, Unless otherwise provided, the following
development activities shall not require a concurrency evaluation or the payment of a traffic
impact fee:
Neighborhood parks, boundary line adjustments, tax parcel segregations, final plats,
incidental residential pei-mits, sign permits, tenant improvements and remodels that do
not result in the expansion of existing buildings. Small
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2 The re uirement under Section 12.36.080A for adjoining street improvements may be
satisfied to accommodate a single dwelling on a lot Matted prior to January 1. 2011
provided:
1
A. The street is included within the City's 6-year Capital Improvement Plan.
B. The permittee pans the proportionate share of the planned sheet
improvement to the City in conjunction with the building—permit,
C, The criteria for consideration of placing a street in the Capital
Improvement Plan shall include:
i. The cost of constructing the required improvement creates a
disproportionate burden upon the permit applicant;
ii, The required improvement is necessary for beneficial use of the
propertvv;
The required improvements would benefit more than the permit
aM- Lcaps/owner;
iv. The required improvement is on a collector, minor or principal
arteri al;
v. The re uired improvements are unlikely to be funded throe h other
means within the Capital Improvement Plan timeframe; and
vi. The City will establish a latecomer aj�reernent at the time of
constructing the required improvement and has a Treasonable
expectation at the time the improvement is included in the City's
Capital Improvement Plan that the City will recoup a sufficient portion
of the costs of constructing the improverent,
D. Nothing in Section 12.36.440 (2) shall be construed as requiring the City
Council to include a particular street within the Capital Improvement Plan,
Section 2. This ordinance shall become effective five (5) days after publication as
required by law.
PASSED by the City Council of the City of Pasco, at its regular meeting, this
day of , 2011.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B, Kerr, City Attorney
2
AGENDA REPORT NO. 02
FOR: City Council January 24, 2011
TO: Gary Crutchfie tanager Workshop: 1/31/11
P� is Works Director
Alunad Qayouf
FROM: Doyle L Heath, Utility Engineer
SUBJECT: Comprehensive Water System Plan
I. REFERENCE{S.l_
1. Summary o I'Pasco's Water System Plan
2. System Map
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
1/31: Discussion
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A) The City is required every six (6) years to update and submit the Comprehensive Water
System Plan (Plan) to the Washington State Department of Health (WSDOH) for
approval. The last Plan was dated June 2001. Because of the Quad Cities Water Right
requirements, the WSDOH and the Washington Department of Ecology agreed that the
four cities needed to submit their Plans about the same time with 2009 being the target
year.
B) A Public Hearing was opened at the City Council Meeting on January 18, 20.11. The
Public Hearing has been advertised as continuing on February 7`b.
V. DISCUSSION:
A) This matter has been placed on the January 31, 2011 Workshop so Council has an
opportunity prior to the continued public hearing to clarify any or part of the proposed
plan.
4(d)
Summary of Pasco's Water System Plan
Introduction
• This report provides an updated 2009 Comprehensive Water System Plan for the City of
Pasco Water Utility through the year 2027. The City of Pasco last updated their
Comprehensive Water System Plan in 2001.
• Over the past 50 to 60 years, the laws,regulations,and requirements of both the federal
and state government,relating to public health, have increased significantly. During this
period, it has been and remains the responsibility of local government to protect the
public health,public safety,and public welfare of the citizens which they serve.
• In the State of Washington, the state legislature is responsible for the adoption of laws of
the state.The Revised Code of Washington (RCW) sets forth these laws. The primary
law of the state relating to water systems is RCW 70.119A,or commonly referred to as
the Safe Drinking Water Act of the State of Washington.
• The preparation of this 2009 Comprehensive Water System Plan for the City of Pasco is a
Mandatory requirement of the WDOH under the provisions of WAC 246-290,Public
Water Supplies. The City's 2009 Comprehensive Water SystemPlan is effective for 6 years
from the date of written approval by WDOH.
• The 2009 Comprehensive Wafer System Plan is required to address the following elements
for a period of at least 20 years into the future. 1. Description of the water system, 2.
Basic planning data, 3. System analysis,4.Water resource analysis,5.Source water
protection, 6. Operation and Maintenance program, 7.Six-year capital improvement
schedule,8. Financial program, and 9.Other documents.
Plan Recommendations
• During the six-year period for which this 2009 Comprehensive Water System Plan will
apply,the City of Pasco would invest approximately$28,560,000 in the water treatment
and water distribution system to meet both regulatory requirements, and to provide for
system expansion within the service area. Approximately $15,750,000 of these capital
improvements are associated with the West Pasco Water Treatment Plant (WPWTP) of
which approximately $10,000,000 was spent in 2009.
• The 2009 Comprehensive Water System PIan recommends a total of approximately
$47,360,000 be invested in capital improvements to the Water Utility over the next 20
years,including the West Pasco Water Treatment Plant.
Desired Improvements (Yr 7 through Yr 20)
• Other improvements to the Water Utility,as described in this 2009 Comprehensive Water
System Plan, are anticipated to cost$18,800,000 between the seventh and twentieth year
of the planning period. These projects would be required to meet anticipated growth
within the planning area and would generally be financed by developers with the
possibility of some cost participation by the City of Pasco.
CITY OF PASCO PAGE 1
WATER PLAN
Policy Recommendations
• In addition to capital improvements, this 2009 Comprehensive Wafer Sysfent Plan makes
certain recommendations for implementation of management and operations policy.
Critical issues include:
• Participate in state and local Water Resource activities to assure early identification
of critical issues impacting the City of Pasco.
• Continue the program to identify and repair existing leaks in the water distribution
system
• Maintain a water audit program of water production and water consumption.
Environmental Checklist and Determination of Non-Significance
• The City of Pasco prepared and distributed an Environmental Checklist for this 2009
Comprehensive Water System Plan dated October 12,2009.An Environmental
Determination of Non-Significance #SEPA 09-33 for adoption of the 2009 Comprehensive
Water System PIan was prepared and issued by the City Planning and Community
Development Department dated October 28, 2009.
CITY OF PASCO PAGE 2 WATER PLAN
City of Pasco Immediate System Improvements
Imp. No. Project Total Capital Project Project
Cost Started Complete
Treatment
SWT-1 Butterfield WFP lmprovements/Upgrade to restore 30 MGD capacity $ 1,600,000 No No
SWT-3 West Pasco Water Filtration Plant, Phase 1 —6 MGD $15,750,000a Yes No
Subtotal Treatment $17,350,000
Reservoir/Storage
None N/A N/A
Subtotal Reservoir/Storage $ 0
Booster Station
B.S.-1.1 Upgrade Broadmoor B.S. (including Emergency Power) $ 600,000 Yes No
B.S.-2.1 Upgrade East Side B.S. (including Emergency Power) $ 500,000 No No
Subtotal Booster Station $ 1,100,000
Distribution System
WM-1.1 Wernett— 12" Waterline $ 600,000 No No
WM-1.2 Cable Bridge Intertie with Kennewickb $ 3,500,000 No No
WM-2.1 East Airport 16°Waterline/Port of Pasco $ 400,000 No No
WM-2.2 Road 68 Waterline Loop $ 500,000 No No
WM-3.1 Commercial 16" Waterline Extension $ 250,000 Yes Partially
WM-3.2 16"Waterline Loop - Broadmoor Blvd $ 700,000 No No
WM-3.3 Road 100 Corridor North $ 1,040,000 No No
WM-M.1 Water Meter Replacement Project $ 840,000 Yes No
WM-M.2 Misc. Water Improvements $ 480,000 Yes No
WM-M.3 Water Distribution Line Extensions $ 1,800,000 Yes No
Subtotal Distribution System $10,110,000
Total Immediate Improvements $28,560,000
'Approximately $10,000,000 of the capital costs expended in 2009
b Currently unfunded capital cost
CITY OF PASCO PAGE 3 WATER PLAN
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CITY OF PAS
-CH2MHIL'L
AGENDA REPORT
FOR: City Council January 20, 2011
TO: Gary Crutchfie Manager Workshop Mtg.: 1/3l/11
Regular Mtg.: 2/7/11
FROM: Stan Strebel, 4puty City Manage.
SUBJECT: Energy Efficient Streetlight Replacement
I, REFERENCE(S):
1. Streetlight Cost/Saving Schedule
2. Proposed Resolution
3. Proposed Agreement
11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
1131: Discussion
2/7: MOTION: I move to approve Resolution No. _ _ _, approving the replacement
of streetlights, and authorizing a streetlight replacement agreement
with Franklin County Public Utility District No. l and, further,
authorizing the City Manager to sign the agreement.
III. FISCAL IMPACT:
EECBG - $4 83,000
IV. HISTORY AND FACTS BRIEF:
A) In 2009, the City was the recipient of a $495,000 Energy Efficiency Conservation
Block Grant (EECBG) from the US Department of Energy. To be eligible to
expend grant monies, the City completed the required Energy Conservation
Inventory and Strategy in 2010. The Inventory and Strategy identified the
replacement of high pressure sodium (HPS) streetlights with more energy efficient
induction streetlights as a significant potential cost savings, both in terms of energy
use and fixture longevity, On the average, induction Iights would save an estimated
52% of street light energy use and are expected to last 3-4 times longer than HPS
fixtures resulting in lower relamping and replacement costs over time.
B) The City has approximately 3700 streetlights in use throughout the City, Under the
provisions of a 1991 agreement, the streetlights are deemed currently owned by
Franklin County Public Utility District No. 1. (The agreement provides, however.
that upon termination of the agreement, the strectlight system will become the
property of the City). PUD maintains the lights and charges the City a monthly fee
which is calculated to include both energy and relamping/replacement costs. See
attached schedule of streetlights with current/projected monthly costs. (While PUD
has provided estimates of new monthly costs for energy efficient induction fixtures,
a revised rate schedule would have to be formally approved by the Utility.) If all
streetlights were replaced, annual savings could be approximately $118,700 of the
current $223,400 annual strectlight expense.
C) 'While it is expected that replacement costs will be approximately $500 per light, a
current rebate program through the Bonneville Power Administration allows a $150
rebate per light for energy efficient upgrades. Including the rebate the remaining
EECBG funding of some $483,000 (some $12,000 was expended to complete the
Inventory and Strategy) is estimated to be sufficient to replace approximately 1400
of the existing streetlights (37%). Replacement of 1400 lamps would save in excess
of 550,000 kwh/yr and reduce the City's annual streetlight expense by
approximately $40,000.
4(e)
D) Replacement of all of the 150w HPS fixtures will closely approximate the amount
of available EECBG funding. These lights are primarily located in residential
areas. Replacing all of one size/type is preferable as it reduces the need for extra
inventory and parts.
V. DISCUSSION;
A) If Council approves of the streetlight replacement concept it should approve the
attached Resolution which memorializes findings with respect to the cost savings
associated with replacements and authorizes the City to execute a streetlight
replacement agreement with PUD for the available E1✓CBG funding.
Streetlight Cost and Potential Energy and Refamping Savings with Induction Lights
educea Projected Projected
Current Billed Less HPS Re- Monthly Reduced Re-lamp New Annual
Inventory Monthly Monthly Cost lamp Cost Energy Energy Cost/Light Monthly New Monthly Savings by
Fixture Qty Retrofit Qty Ccst/Light to City (PUD calc) Cost/Light Cost"/Light (PUD) Cost/Light Cost to City Lamp Size
HPS 100 555 555J $3.80 $2,109.00 $0.50 $3.30 $2.01 $0.21 $2.221 $1,231.38 $10,531.49
HPS 150 1,367 1,367 $4.45T $6,083.15 $0.50 $3.95 $1.76 $0.21 $1.971 $2,699.88 $40,601.65
HPS 175 3 3 $0.00
HPS 200 696 696 $5.21 $3,626.16 $0.50 $4.71 $2.37 $0.21 $2.58 $1:798.35 $21,933.69
HPS 250 682 682 $5.97 $4,071.54 $0.50 $5.47 $2.34 $0.21 $2.551 $1,736.60 $28,019.24
HPS 310 1 1
HPS 400 338 338 $8.08 $2,731.04 $0.50 $7.58 $3.52 50,21 $3.731 $1,261.09 $17,639.41
Tota s 3,642 3,642 $18,620.89 $8,727.10
ANNUALI I S223,450.681 1 $118,7 2 5.K8
Monthly Savings $9,893.79
Annual Savings $118,725.48
RESOLUTION NO.
A RESOLUTION approving the replacement of streetlights and
authorizing an agreement with Franklin County Public Utility District No, 1 for
the replacement of High Pressure Sodium Streetlights with Energy Efficient
Induction Streetlights.
WHEREAS, the City of Pasco has received an Energy Efficiency Conservation Block
Grant(EECBG) from the US Departinent of Energy; and
WHEREAS, in order to utilize all available EECBG funding, the City completed an
Energy Conservation Inventory and Strategy; and
WHEREAS, the Inventory and Strategy identified the replacement of' High Pressure
Sodium (HPS) streetlights with Energy Efficient Induction (EE1) streetlights as a significant
potential cost savings, both in terms of energy use and fixture longevity; and
WHEREAS,Franklin County Public Utility District No. 1 owns and maintains the City's
streetlights, charging the City a monthly fee to cover the costs of energy use and streetlight
replacement; and
WHEREAS, it is in the bcst interests of the City, PUD No. I and the citizens they serve
to provide the most cost effective and energy efficient street lighting possible, NOW,
THEREFORE,
THE CI'T'Y COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1: That the City Manager is authorized to sign the attached agreement
(Attachment "A") with Franklin County Public Utility District No. I for the replacement of PIPS
strcetlights with EEl streetlights, utilizing available EECBG funding.
PASSED by the City Council of the City of Pasco at its regular meeting this day of
2011,
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Clark Leland B. Kerr
City Clerk City Attorney
WHEN RECORDED RETURN TO:
City of Pasco, Washingtonn
525 North 3rd
Pasco WA 99301
INTERLOCAL AGREEMENT
Between
CITY OF PASCO and FRANKLIN COUNTY PUBLIC UTILITY DISTRICT
THIS AGREEMENT is made and entered into this day of
2011, by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter
referred to as "City" and the Franklin County Public Utility District, hereinafter referred to as
"PUD."
RECITALS
WHEREAS, RCW 39.34 et seq, authorizes the City and PUD to enter into Interlocal
Agreements for the purpose of providing municipal services; and
WHEREAS, City is the recipient of a Federal Energy Efficiency Conservation Block
Grant which affords the City the opportunity to replace existing streetlights with more energy
efficient fixtures, and
WHEREAS, PUT) owns and maintains the streetlights in the City for the benefit of the
public., through charges to the City for electricity, maintenance and replacement; and
WHEREAS, both the City and PUD are vitally interested in saving energy and saving
public funds; and
WHEREAS, it is in the public interest that the City and PUD cooperate to provide for
the rcplaccmcnt of existing streetlights with the most energy efficient lighting possible.
NOW, THEREFORE, the Parties agree as follows:
1. Responsibilities of PUD
1.1 PUD will obtain bids to determine the lowest cost-qualifying vendor. PUD will
also obtain bids for labor for the installation of the streetlights based upon the
qualifying vendor and lamp selection. Once such bids are obtained, PUD will
assist the City in determining the total costs and number of lamps which can be
replaced within the funds budgeted through the Federal Block Grant and
applicable rebates through the Bonneville Power Administration.
1.2 Following selection of the best cost alternative streetlights, PUD will provide City
with a proposed rate structure and maintenance, repair, and replacement cost
structure and the parties shall negotiate in good faith to reach an agreement
regarding those items.
1.3 Upon determination by the City of the number of streetlights to be purchased and
associated costs determined under section 1.1 and 1.2 above, PUD shall be
responsible for installation of new streetlights.
1.4 PUD shall be subject to all applicable conditions of the City's Energy Efficiency
Conservation Block Grant agreement, including "Special Terms and Conditions
for the Energy Efficiency and Conservation Block Grant Program," a copy of
which is attached hereto as Exhibit A, and "National Policy Assurances To Be
Incorporated as Award Terms," attached as Exhibit B, each by this reference,
specifically incorporated herein.
1.5 PUD shall fulfill all responsibilities under Section 23 of Exhibit A for
decontamination or decommissioning costs associated with the streetlight
replacement. Prior to commencing any replacement work, PUD shall have a waste
strewn management plan on file for the project. PUD shall be responsible for
maintenance, repair, and replacement of streetlights including replacement of any
bulbs, tubes, fixtures or other parts as may need to be replaced from time to time
and as may be more specifically agreed upon in a subsequent agreement pursuant
to agreement upon cost structures referenced in section 1.2.
2. City's Responsibilities
2.1 City will pay to PUD all costs for the purchase of replacement streetlights,
including installation, for such quantities as the City has determined will be
covered by the Block Grant Funds and has directed PUD to purchase and install,
in writing.
12 City will pay to PUD such other payments for rate structure, maintenance, repair,
and replacement costs as shall be agreed upon by the Parties in a subsequent
written agreement.
2.3 City will pay its share of costs within sixty (60) days after receiving an invoice for
purchase and installation work completed by the PUD_
2.4 City shall be subject to all applicable provisions of the City's Energy Efficiency
Conservation Block Grant Agreement, Exhibit A and Exhibit B, as attached.
2.5 City shall negotiate in good faith any subsequent agreements as required herein.
intedocal Agreement Bevveen City and PUD-2
3. Indemnification
PUD shall defend, indemnify, and hold harmless the City, its officers, employees, and
agents from any and all costs, claims, judgments or awards of damages arising out of or
in any way resulting from the negligent acts or omissions of PUD, or its agents,
employees or officers in the performance of this Agreement.
City shall defend, indemnify, and hold harmless the PUD, its officers, employees, and
agents from any and all costs, claims, judgments or awards of damages arising out of or
in any way resulting from the negligent acts or omissions of City, or its agents,
employees or officers in the performance of this Agreement.
4. Amendment
This Agreement may only be amended by mutual, written agreement of the signatories to
this Agreement.
5. Interlocal Cooperation Act Provision
Each party shall be solely responsible for all costs, materials, supplies and services
necessary for their performance under the terms of this Agreement, All property and
materials secured by each party in the performance of this Agreement shall remain the
sole property of that party. All funding incident to the fulfillment of this Interlocal
Agreement, shall be borne by each party necessary for the fulfillment of their
responsibilities under the terms of this Agreement. No special budgets or funds are
anticipated, nor shall be created incident to this Interlocal Agreement. It is not the
intention that a separate legal entity be established to conduct the cooperative
undertakings, nor is the acquisition, holding, or disposing of any real or personal property
anticipated under the terms of this Agreement. The City Manager of the City of Pasco,
Washington, shall be designated as the Administrator of this Agreement.
This Agreement shall be filed with the Franklin County Auditor, or alternatively, posted
on the parties' respective websites as required by RCW 39.34.
6. Entire Agreement
The Parties agree that this Agreement is the complete expression of the terms hereto and
any oral representations or understandings not incorporated herein are hereby expressly
excluded.
7. Nonwaiver
Waiver of any default or breach under this Agreement shall not be deemed to be a waiver
of any other prior or subsequent default or breach and shall not be construed to be a
modification of the terms of this Agreement unless stated to be such through written
agreement of the Parties hereto,
Interlocal Agreement Between City and PUD- 3
8. Invalid Provisions
If any provision of this Agreement shall be held invalid, the remainder of this Agreement
shall not be affected if such remainder would then continue to serve the purposes and
objectives of the Parties.
9. Applicable Law
Should any dispute arise concerning the enforcement, breach, or interpretation o!' this
Agreement, resolution shall be by presentation to the City Manager and the District
Manager. In the event the dispute is not resolved, it shall be resolved by binding
arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Rules of Arbitration
(MAR); and venue shall be placed in Franklin County, Washington, the laws of the State
of Washington shall apply, and the prevailing party shall be entitled to its reasonable
attorney fees and costs.
IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly
authorized officers and/or agents on the day and year first written above.
CITY OF PASCO, WASHINGTON FRANKLIN COUNTY PUBLIC
UTILITY DISTRICT
Gary Crutchfield Ed Brost
City Manager General Manager
hrterlocal Agreement Between City and P'UD-4
STATE OF WASHINGTON )
ss.
County of Franklin }
On this day personally appeared before me Gary Crutchfield, City Manager of the City of
Pasco, Washington, to be known to be the individual described in and who executed the within
and foregoing instrument, and acknowledged that he signed the same as his free and voluntary
act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of 2010.
NOTARY PUBLIC in and for the State of Washington
Residing at: .
My Commission Expires:
SJ'ATE OF WASI-IINGTON )
ss.
County of Franklin )
On this day personally appeared before me Ed Brost, General Manager of the Franklin
County Public Utility District, to be known to be the individual described in and who executed
the within and foregoing instrument, and acknowledged that she signed the same as her free and
voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of , 2010.
NOTARY PliBLIC in and for the State of Washington
Residing at:
My Commission Expires:
lnterlocal Agreement Between City and PUD- 5
102709 Exhibit "All
SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION
BLOCK GRANT PROGRAM—FORMULA GRANTS
Table of Contents
1. RESOLUTION OF CONFLICTING C.ONDI'1'IONS..................................................................................1
2. AWARD AGREEMENT TERMS AND CONDITIONS............................................................................1
3. AWARD PROJECT PERIOD AND BUDGET PERIODS.........................................................................1
4. STAGED DISBURSEMENT OF FUNDS................................... .......1
5. PAYMENT PROCEDURES-ADVANCES THROUGH THE AUTOMATED STANDARD
APPLICATION FOR PAYMENTS (ASAP)SYSTEM..............................................................................2
6. INCREMENTAL FUNDING AND MAXIMUM OBLIGATION-COEXTENSIVE BUDGET PERIOD
ANDPROJECT PERIOD............................................................................................................................2
7. COST SHARING FFRDC'S NOT INVOLVED.........................................................................................2
8. REBUDGETING AND RECOVERY OF INDIRECT COSTS..................................................................3
9. CEILING ON ADMINISTRATIVE COSTS..............................................................................................4
10. LIMITATIONS ON USE OF FUNDS ........................................................................................................4
11. PRE-AWARD COSTS................................................................................................................................4
12. USE OF PROGRAM INCOME-ADDITION............................................................................................4
13. STATEMENT OF FEDERAL STEWARDSHIP........................................................................................4
14, SITE VISITS................................................................................................................................................5
15. REPORTING REQUIREMENTS .,.,............................................I........I.....................................................5
16. PUBLICATIONS.........................................................................................................................................5
17. FEDERAL,STATE,AND MUNICIPAL REQUIREMENTS....................................................................6
18. INTELLECTUAL PROPEWI'Y PROVISIONS AND CONTACT INFORMATION................................6
19. LOBBYING RESTRICTIONS....................................................................................................................6
20. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS -
-SENSE OF CONGRESS...........................................................................................................................6
21. INSOLVENCY,BANKRUPTCY OR RECEIVERSHIP............................................................................6
22. NATIONAL ENVIRONMENTAL POLICY ACT(NEPA)REQUIREMENTS .......................................6
23, DECONTAMINATION AND/OR DECOMMISSIONING (D&D)COSTS..............................................7
24. SPECIAL,PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009(MAY 2009).........................................................................................7
25. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE
RECOVERY ACT (MAY 2009).......................................................................................I................
.......I 1
26. REQUIRED USE OF AMERICAN IRON, STEEL,AND MANUFACTURED GOODS --SECTION
1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009(MAY 2009).........1 l
27. REQUIRED USE OF AMERICAN IRON, STEEL,AND MANUFACTURED GOODS (COVERED
UNDER INTERNATIONAL AGREEMENTS)--SECTION 1605 OF THE AMERICAN RECOVERY
AND REINVESTMENT ACT OF 2009(MAY 2009) .............................................................................13
28. WAGE.RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT(MAY 2009)16
29. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF-EXPENDITURES OF FEDERAL
AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS (MAY
2009).................................................................. .......................................................................................17
30. DAVIS BACON ACT REQUIREMENTS (MAY 2009)..........................................................................17
31. HISTORIC PRESERVATION.......................................................................................... ......................25
ATTACHMENT 1 —INTELLECTUAL PROPERTY PROVISIONS................................................................26
Not Specified/Other
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SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND
CONSERVATION RLOCK GRANT PROGRAM—FORMULA GRANTS
1. RESOLUTION OF CONFLICTING CONDITIONS
Any apparent inconsistency between Federal statutes and regulations and the terms and conditions
contained in this award must be referred to the DOE Award Administrator for guidance.
2. AWARD AGREEMENT TERMS AND CONDITIONS
This award/agreement consists of the Grant.and Cooperative Agreement cover page, plus the following:
a. Special terms and conditions.
b. Attachments:
Attachment No. Title
I Intellectual Property Provisions
2 Project Activity Worksheet(s)are attached. If the Worksheet is for the
Strategy,the grant will be amended to include additional %Vorksheets as
activities are approved.
3 Federal Assistance Reporting Checklist
4 Budget Pages are attached. For Strategy, the SF-424A is attached,if it was
included in the application. The grant will be amended to include additional
Budget Pages as activities are approved.
5 Davis-Bacon Act Wage Determination(s),if applicable. For Strategy
awards,the Wage Determination will be included when activities are
approved.
6 Special Requirements,if applicable
c. Applicable program regulations: Title V, Subtitle F of the Energy Independence Security Act(EISA)
of 2007,Public Law 110-140.
d. DOE Assistance Regulations, 10 CFR Part 600 at http:/,Iecfr.gpoaccess.gov and if the award is for
research and to a university or non-profit, the Research Terms&Conditions and the DOE Agency
Specific Requirements at http./r'ww-,,,nsf govrbfaldias/policy/rtc/index,jsp.
e. Application'proposal as approved by DOE.
f. National Policy Assurances to Be Incorporated as Award'Terms in effect on date of award at
hUp-/!axtanaaecaepS;e t Cg!'.gov,bus ness doe 1 74.htm
3. AWARD PROJECT PERIOD AND BUDGET PERIODS
The Project and Budget Periods for this award are concurrent for a 36-month period as indicated in Item
No. 7 of the Assistance Agreement Face Page.
4. STAGED DISBURSEMENT OF FUNDS
1 1 IF MARKED, T S IS APPLICABLE
The total funding allocation for this award is shown in Block 13 of the Assistance Agreement Cover Page.
llowever,funds will be released according to a staged disbursement schedule. All funds must be expended
within 36 months of the effective date of the award.
Not Specified/Other I
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[ ] For Energy Efficiency Conservation Strategy(SECS)Only awards, funds in the amount of
S [ ] is released to the Recipient to begin work on the SECS. The approved activities are listed in
Attachment 2,Project Activity Worksheets. The remaining funds will be released for disbursement upon
DOE approval of the EECS and amendment of the award to include the authorized Project Activity
Worksheets.
[ ] Funds in the amount of S [ ] is released to the Recipient to begin work on the activities listed in
Attachment 2, Project Activity Worksheets. The remaining funds will be released for disbursement upon
DOE approval of additional activities and amendment of the award to include the authorized Project
Activity Worksheets.
[ ] Funds in the amount of$ [ ] is released to the Recipient to begin work on administrative duties
pending resolution of problematic issues such as eligibility,technical issues, NEPA, historic preservation,
budgetary items,or similar issues. The remaining funds will be released upon successful resolution of
these issues and amendment of the award.
S. PAYMENT PROCEDURES-ADVANCES THROUGH THE AUTOMATED STANDARD
APPLICATION FOR PAYMENTS(ASAP)SYSTEM
I I IF MARKED. THIS TERM DOES NOT APPLY—SEE A TT:A t:H=ENT 6
a. Method of Payment. Payment will be made by advances through the Department of Treasury's ASAP
system.
b. Requesting Advances. Requests for advances roust be made through the ASAP system. You may
submit requests as frequently as required to meet your needs to disburse funds for the Federal share of
project costs. If feasible,you should time each request so that you receive payment on the same day
that you disburse funds for direct project costs and the proportionate share of any allowable indirect
costs. If same-day transfers are not feasible,advance payments must be as close as is administratively
feasible to actual disbursements.
c. Adjusting payment requests for available cash. You must disburse any funds that are available from
repayments to and interest earned on a revolving fund,program income,rebates, refunds,contract
settlements,audit recoveries,credits,discounts,and interest earned on any of those funds before
requesting additional cash payments from DOEINNSA.
d. Payments. All payments are made by electronic funds transfer to the bank account identified on the
ASAP Bank Information Form that you filed with the U.S. Department of Treasury.
6. INCREMENTAL FUNDING AND MAXIMUM OBLIGATION- COEXTENSIVE BUDGET
PERIOD AND PROJECT PERIOD
APPLICABLE ONLY TO INCREMENTALLY 1,'UNDED AWARDS.
This award is funded on an incremental basis. The maximum obligation of the DOE/NNSA is limited to
the amount shown on the Agreement Face Page. You are not obligated to continue perfbrmance of the
project beyond the total amount obligated and your pro rata share of the project costs,if cost sharing is
required. Additional funding is contingent upon the availability of appropriated funds and substantial
progress towards meeting the objectives of the award.
7. COST SHARING FFRDC'S NOT INVOLVED
APPLICABLE ONLY IF COST SIIARLYG IS INCLUDED IN THE AWARD.
a. Total Estimated Project Cost is the sum of the Government share and Recipient share of the estimated
Not Specified/Other 2
102709
project costs. The Recipient's cost share must come from non-Federal sources unless otherwise
allowed by law. By accepting federal funds under this award, you agree that you are liable for your
percentage share of total allowable project costs, on a budget period basis, even if the project is
terminated early or is not funded to its completion, This cost is shared as follows:
Budget Budget Government Share Recipient Share Total Estimated Cost
Period Period Start $/% S/°/,
j No.
Total Project
b. If you discover that you may be unable to provide cost sharing of at least the amount identified in
paragraph a of this article,you should immediately provide written notification to the DOE Award
Administrator indicating whether you will continue or phase out the project. If you plan to continue
the project, the notification must describe how replacement cost sharing will be secured.
c. You must maintain records of all project costs that you claim as cost sharing,including in-kind costs,
as well as records of costs to be paid by DOE/NNSA. Such records are subiect to audit.
d, Failure to provide the cost sharing required by this Article may result in the subsequent recovery by
DOE,/NNSA of some or all the funds provided under the award.
8. REBUDGETING AND RECOVERY OF INDIRECT COSTS
JffJ 61PPI 1C,4BLF, TERM IS M4RKR'D BELOW.
[ ] REBUDGETING AND RECOVERY OF INDIRECT COSTS -REIMBURSABLE INDIRECT
COSTS AND FRINGE BENEF1TS
a. If actual allowable indirect costs and fringe benefits are less than those budgeted and funded
under the award, you may use the difference to pay additional allowable direct costs during the
project period. If at the completion of the award the Government's share of total allowable costs
(i.e.,direct,indirect, fringe benefits),is less than the total costs reimbursed, you must refund the
difference.
b. Recipients are expected to manage their indirect costs and fringe benefits. DOE will not amend
an award solely to provide additional funds for changes in indirect costs and fringe benefits.
DOE recognizes that the inability to obtaitt full reimbursement for indirect costs and fringe
benefits means the recipient must absorb the underrecovery. Such underrecovery may be
allocated as part of the organization's required cost sharing.
[ ] REBUDGETING AND RECOVERY OF INDIRECT COSTS—REIMBURSABLE INDIRECT
COSTS
a. if actual allowable indirect costs are less than those budgeted and funded under the award, you
may use the difference to pay additional allowable direct costs during the project period. If at
the completion of the award the Government's share of total allowable costs(i.e.,direct and
indirect), is less than the total costs reimbursed,you must refund the difference.
b. Recipients are expected to manage their indirect costs. DOE will riot amend an award solely to
provide additional funds for changes int indirect cost rates. DOE recognizes that the inability to
obtain full reimbursement for indirect costs means the recipient must absorb the underrecovery.
Such underrecovery may be allocated as part of the organization's required cost sharing.
c. The budget for this award includes indirect costs,but does not include fringe benefits.
Therefore, fringe benefit costs shall not be charged to nor shall reimbursement be requested for
Not Specified/Other 3
102709
this proiect nor shall the fringe benefit costs for this project be allocated to any other federally
sponsored project, In addition,fringe benefit costs shall not be counted as cost share unless
approved by the Contracting Officer.
[X] REBUDGETING AND RECOVERY OF INDIRECT COSTS -INDIRECT COSTS AND FRINGE
BENEFITS ARE NOT REIMBURSABLE
The budget for this award does not include indirect costs or fringe benefits. Therefore, these
expenses shall not be charged to nor reimbursement requested for this project nor shall the fringe and
indirect costs from this project be allocated to any other federally sponsored project. In addition,
indirect costs or fringe benefits shall not he counted as cost share unless approved by the Contracting
Officer,
9. CEILING ON ADMINISTRATIVE COSTS
a. Recipients may not use more than 10 percent of amounts provided under this program,or$75,000,
whichever is greater(EISA Sec 545(b)(3)(A), for administrative expenses,excluding the costs of
meeting the reporting requirements under Title V, Subtitle E of EISA. These costs should be captured
and summarized for each activating under the Projected Costs Within Budget: Administration.
h. Recipients are expected to manage their administrative costs. DOE will not amend an award solely to
provide additional funds for changes in administrative costs. The Recipient shall not be reimbursed on
this project for any final administrative costs that are in excess of the designated 10 percent
administrative cost ceiling. In addition, the Recipient shall neither count costs in excess of the
administrative cost ceiling as cost share,nor allocate such costs to other federally sponsored projects,
unless approved by the Contracting Officer.
10. LIMITATIONS ON USE OF FUNDS
a. Recipients may not use more than 20 percent or$250,000, whichever is greater(EISA See
545(b)(3)(B), for the establishment of revolving loan funds.
b. Recipients may not use more than 20 percent or.$250,000, whichever is greater(EISA Sec
545(b)(3)(C),for subgrants to nongovernmental organizations for the purpose of assisting in the
implementation of the energy efficiency and conservation strategy of the eligible unit of local
government.
11. PRE-AWARD COSTS
APPLICABLE 0A1 f'I F CQL1'PLKLQ BELOW
You are entitled to reimbursement for preaward costs for the period from [MonthDayYear] to
[MonthDayYear] in accordance with your request dated [MonthDayYear] if such costs are allowable in
accordance with the applicable Federal cost principles referenced in 10 CFR Part 600.
12. USE OF PROGRAM INCOME-ADDITION
If you earn program income during the project period as a result of this award,you may add the program
income to the funds committed to the award and use it to further eligible project objectives.
13. STATEMENT OF FEDERAL,STEWARDSHIP
DOENNSA will exercise normal Federal stewardship in overseeing'the project activities performed under
this award. Stewardship activities include,but are not limited to,conducting site visits; reviewing
performance and financial reports;providing technical assistance and/or temporary intervention in unusual
circumstances to correct deficiencies which develop during the project; assuring compliance witL teens and
Not Specified/Other 4
102709
conditions; and reviewing technical performance after project completion to ensure that the award
objectives have been accomplished.
14. SITE VISITS
DOE's authorized representatives have the right to make site visit, at rca.;onable times to review protect
accomplishments and management control systems and to provide technical assistance, if required. You
must provide, and must require your subawardees to provide,reasonable access to facilities,office space,
resources,and assistance for the safety and convenience of the government representatives in the
performance of their duties. All site visits and evaluations must be performed in a manner that does not
unduly interfere with or delay the work.
15. REPORTING REQUIREMENTS
a. Requirements. The reporting requirements for this award are identified on the Federal Assistance
Reporting Checklist,DOE F 4600.2, attached to this award. Failure to comply with these reporting
requirements is considered a material noncompliance with the terms of the award. Noncompliance
may result in withholding of future payments,suspension,or termination of the current award, and
withholding of future awards. A willful failure to perform,a history of failure to perform,or
unsatisfactory performance of this and/or other financial assistance awards,may also result in a
debarment action to preclude future awards by Federal agencies.
b. Dissemination of scientific/technical reports. Scientific./technical reports submitted under this award
will be disseminated on the Internet via the DOE Information Bridge(www.osti.gov/bridge),unless the
report contains patentable material,protected data, or SBIR/STTR data. Citations for Journal articles
c. produced under the award will appear on the DOE Energy Citations Database
(www.osti.tovlenerZyciLa,tiQ=).
d. Restrictions.Reports submitted to the DOE Information Bridge must not contain any Protected
Personal Identifiable Information(PIl),limited rights data(proprietary data),classified information,
information subjcut to export control classification,or other information not subject to release.
16. PUBLICATIONS
a. You are encouraged to publish or otherwise make publicly available the results of the work conducted
under the award.
b. An acknowledgment of Federal support and a disclaimer must appear in the publication of any
material, whether copyrighted or not,based on or developed under this project,as follows:
Acknowledgment: "This material is based upon work supported by the Department of Energy under
Award Number DE-SC0002086."
Disclaimer: "This report was prepared as an account of work sponsored by an agency of the United
States Government. Neither the United States Government nor any agency thereof,nor any of their
employees, makes any warrauty,express or implied,or assumes any legal liability or responsibility for
the accuracy,completeness, or usefulness o£any information,apparatus,product, or process disclosed,
or represents that its use would not infringe privately owned rights. Reference herein to any specific
commercial product,process,or service by trade name,trademark, manufacturer, or othenvisc does not
necessarily constitute or imply its endorsement,recommendation, or favoring by the United States
Government or any agency thereof. The views and opinions of authors expressed herein do not
necessarily state or reflect those of the United States Government or any agency thereof."
Not SpecifiediOther 5
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17. FEDERAL,STATE,AND MUNICIPAL REQUIREMENTS
You must obtain any required permits and comply with applicable federal,state,and municipal laws,codes;
and regulations for work performed under this award.
18. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION
a. The intellectual property provisions applicable to this award are provided as an attachment to this
award or are referenced on the Agreement Face Page. A list of all intellectual property provisions may
be found at li :/www.gc_doe.gov/financial_assistaucc awards.htnt.
b. Questions regarding intellectual property matters should be referred to the DOE Award Administrator
and the Patent Counsel designated as the service provider for the DOE office that issued the award.
The IP Service Providers List is found at
htt ://www. e.doe. ov/docume /ti ellectual Pro ert IP Service Providers for Ac uisition. df
19. LOBBYING RESTRICTIONS
By accepting funds under this award,you agree that none of the funds obligated on the award shall be
expended,directly or indirectly,to influence congressional action on any legislation or appropriation
matters pending before Congress,other than to communicate to Members of Congress as described in 18
U.S.C. 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation.
20. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS--SENSE OF CONGRESS
It is the sense of the Congress that,to the greatest extent practicable, all equipment and products purchased
with fiends made available under this award should he American-made.
21. INSOLVENCY,BANKRUPTCY OR RECEIVERSHIP
a. You shall immediately notify the DOE of the occurrence of any of the following events: (i)you or your
parent's filing of a voluntary case seeking liquidation or reorganization under the Bankruptcy Act.;(ii)
your consent to the institution of an involuntary case under the Bankruptcy Act against you or your
parent; (iii) the filing of any similar proceeding for or against you or your parent,or its consent to,the
dissolution, winding-up or readjustment of your debts, appointment of a receiver,conservator, trustee,
or other officer with similar powers over you,under any other applicable state or federal law;or(iv)
your insolvency due to your inability to pay your debts generally as they become due.
b. Such notification shall be in writing and Shall: (i)specifically set out the details of the occurrence of
an event referenced in paragraph a;(ii)provide the facts surrounding that event;and(iii)provide the
impact such event will have on the project being funded by this award.
c. Upon the occurrence of any of the four events described in the first paragraph,DOE reserves the right
to conduct a review of your award to determine your compliance with the required elements of the
award(including such items as cost share,progress towards technical project objectives,and
submission of required reports). If the DOE review determines that there are significant deficiencies or
concerns with your performance under the award,DOE reserves the right to impose additional
requirements,as needed,including(i)change your payment method; or(ii)institute payment controls.
d. Failure of the Recipient to comply with this provision may be considered a material noncompliance of
this financial assistance award by the Contracting Officer.
22. NATIONAL ENVIRONMENTAL POLICY ACT(NEPA)REQUIREMENTS
You are restricted from taking any action using Federal funds,which would have an adverse effect on the
Not Specified/Other 6
102709
environment or limit the choice of reasonable alternatives prior to DOEINNSA providing either a NEPA
clearance or a final NEPA decision regarding this project. Prohibited actions include: Actions not listed
below. This restriction does not preclude you from: 1) Developing an energy efficiency and conservation
strategy (completed)and 2)Replacing existing City HPS Streetlights with energy efficient Induction
Lights.
If you move forward with activities that are not authorized for federal funding by the DOE Contracting
Officer in advance of the final NEPA decision,you are doing so at risk of not receivnng federal funding and
such costs may not be recognized as allowable cost share.
if this award includes construction activities,you must submit an environmental evaluation
report/evaluation nntification form addressing NEPA issues prior to DOE/NNSA initiating the NEPA
Process.
23. DECONT.4,M]INATION AND/OR DECOIAMISSIONING (D&D)COSTS
Notwithstanding any other provisions of this Agreement,the Government shall not be responsible for or
have any obligation to the recipient for(i) Decontamination and/or Decommissioning(D&D) of any of the
recipient's facilities,or(ii)any costs which may be incurred by the recipient in connection with the D&D of
any of its facilities due to the performance of the work under this Agreement, whether said work was
performed prior to or subsequent to the effective date of this Agreement.
24. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009(MAY 2009)
Preamble
The.American Recovery and Reinvestment Act of 2004,Pub. L. 111-5, (Recovery Act) was enacted to
preserve and create jobs and promote economic recovery; assist those most impacted by the recession,
provide investments needed to increase economic efficiency by spurring technological advances in science
and health, invest in transportation,environmental protection, and other infrastructure that will provide
long-term economic benefits, stabilize State and local government budgets, in order to minimize and avoid
reductions in essential services and counterproductive State and local tax increases. Recipients shall use
grant funds in a manner that maximizes job creation and economic benefit.
The Recipient shall comply with all terns and conditions in the Recovery Act relating generally to
governance,accountability, transparency,data collection and resources as specified in Act itself and as
discussed below.
Recipients should begin planning activities for their first tier subrecipients, including obtaining a DUNS
number(or updating the existing DUNS record),and registering with the Central Contractor Registration
(CCR).
Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to complete
projects,but tracking and reporting must be separate to meet the reporting requirements of the Recovery
Act and related guidance. For projects funded by sources other than the Recovery Act, Contractors must
keep separate records for Recovery Act funds and to ensure those records cornply with the requirements of
the Act.
The Government has not fully developed the implementing instructions of the Recovery Act,particularly
conceming specific procedural requirements for the new reporting requirements, The Recipient will be
provided these details as they become available. The Recipient must comply with all requirements of the
Act. If the recipient believes there is any inconsistency between ARRA requirements and current award
terms and conditions,the issues will be referred to the Contracting Officer for reconciliation,
Definitions
Not Specified/Other 7
102709
For purposes of this clause, Covered Funds means fitnds expended or obligated from appropriations under
the American Recovery and Reinvestment Act of 2009,Pub.L, 111-5. Covered Funds will have special
accounting codes and will be identified as Recovery Act funds in the grant, cooperative agreement or TIA
aad'or modification using Recovery Act funds. Covered Funds must be reimbursed by September 30,
2015.
Non-Federal employer means any employer with respect to covered funds—the contractor,subcontractor,
grantee,or recipient,as the case may be, if the contractor, subcontractor, grantee,or recipient is an
employer;and any professional membership organization, certification of other professional body,any
agent or licenser of the Federal government, or any person acting directly or indirectly in the interest of an
employer receiving covered funds; or with respect to covered funds received by a State or local
government, the State or local government receiving the funds and any contractor or subcontractor
receiving the funds and any contractor or subcontractor of the State or local government; and does not
mean any department,agency,or other entity of the federal government.
Recipient means any entity that receives Recovery Act funds directly from the Federal goverrunent
(including Recovery Act funds received tlu•ough grant; loan; or contract)other than an individual and
utcludes a State that receives Recovery Act Funds.
Spy! ial Piovisrc�tt
A. Flow DmNm Requirement
Recipients must include these special terms and conditions in any subaward.
S. SepnntiQR 4f 4ost
Recipients must segregate the obligations and expenditure;related to funding under the Recovery Act.
Financial and accounting systems should be revised as necessary to segregate,track and maintain these
funds apart and separate froin other revenue streams. No part of the funds from the Recovery Act shall
be commingled with any other funds or used for a purpose other than that of making paynients for
costs allowable for Recovery Act projects.
Prohibition on Use of Funds
None of the funds provided under this agreement derived from the American Recovery and
Reinvestment Act of 2009, Pub. L. 111-5,may be used by any State or local government,or ally
private entity, for any casino or other ganibling establishment, aquarium,zoo, golf course, or
swimming pool.
C. Acct" to Records
With respect to each financial assistance agreement awarded utilizing at least some of the funds
appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009,
Pub, L. 1 1 1-5, any representative of an appropriate inspector general appointed tinder section 3 or 8C
of the Inspector General Act of 1988 (5 U.S.C. App.)or of the Comptroller General is authorized—
(1) to examine any records of the contractor or grantee,any of its subcontractors or subgrantees, or
any State or local agency administering such contract that pertain to,and involve transactions
relation to, the subcontract, subcontract,grant,or subgrant; and
(2) to interview any officer or employee of the contractor, grantee, subgrantee,or agency regarding
such transactions.
D. Publication
Not Specified/Other 8
102'709
An application inay contain technical data and other data,including trade secrets and/or privileged or
confidential information,which the applicant does not want disclosed to the public or used by the
Govenunent for any purpose other than the application. To protect such data,the applicant should
specifically identify each page including each line or paragraph thereof containing the data to be
protected and mark the cover sheet of the application with the following Notice as well as referring to
the Notice on each page to which the Notice applies:
Notice of Restriction on Disclosure and Use of Data
The data contained in pages----of this application have been submitted in confidence and contain
trade secrets or proprietary information,and such data shall be used or disclosed only for evaluation
purposes,provided that if this applicant receives an award as a result of or in connection with the
submission of this application, DOE shall have the right to use or disclose the data here to the extent
provided in the award. This restriction does not limit the Government's right to use or disclose data
obtained without restriction from any source, including the applicant.
Information about this agreement will be published on the Internet and linked to the website
www.recovery.gov.maintained by the Accountability and Transparency Board. The Board may
exclude posting contractual or other information on the website on a case-by-case basis when
necessary to protect national security or to protect information that is not subject to disclosure under
sections 552 and 552a of title 5,United States Code.
E. Protecting State and Local Government and C gntr=Lar Wlustleblowers
The requirements of Section 1553 of the Act are summarized below. They include;but are not limited
to:
Prohibition on Reprisals: An employee of any non-Federal employer receiving covered funds under
the American Recovery and Reinvestment Act of 2009,Pub.L. 111-5,may not be discharged,
demoted,or otherwise discriminated against as a reprisal for disclosing,including a disclosure made in
the ordinary course of an employee's duties, to the Accountability and Transparency Board,an
inspector general,the Comptroller General,a member of Congress,a State or Federal regulatory or law
enforcement agency,a person with supervisory authority over the employee(or other person working
for the employer who has the authority to investigate, discover or terminate misconduct, a court or
grant jury, the head of a Federal agency,or their representatives information that the employee
believes is evidence of:
• gross management of an agency contract or grant relating to covered funds;
• a gross waste of covered funds
• a substantial and specific danger to public health or safety related to the implementation or use of
covered funds;
• an abuse of authority related to the implementation or use of covered funds; or
• as violation of law,rule,or regulation related to an agency contract(including the competition for
or negotiation of a contract)or grant,awarded or issued relating to covered funds.
Agcncy Action: Not later than 30 days after receiving an inspector general report of an alleged
reprisal, the head of the agency shall determine whether there is sufficient basis to conclude that the
non-Federal employer has subjected the employee to a prohibited reprisal. The agency shall either
issue an order denying relief in whole or in part or shall take one or more of the following actions.
• Order the employer to take affirmative action to abate the reprisal.
• Order the cmployer to reinstate the person to the position that the person held before the reprisal,
together with compensation including back pay,compensatory daunages,employment benefits,
and other terms and conditions of employment that would apply to the person in that position if
the reprisal had not been taken.
• Order the employer to pay the employee an amount equal to the aggregate;amount of all costs and
expenses(including attorneys' fees and expert witnesses' fees)that were reasonably incurred by
Not Specified/Other 9
102709
the employee for or in connection with,bringing the complaint regarding the reprisal,as
determined by the head of a court of competent jurisdiction.
Nonenforceablity of Certain Provisions Waiving Rights and remedies or Requiring Arbitration:
Except as provided in a collective bargaining agreement, the rights and remedies provided to aggrieved
employees by this section may not be waived by any agreement,policy, form,or condition of
employment, including any predispute arbitration agreement. No predispute arbitration agreement
shall be valid or enforceable if it requires arbitration of a dispute arising out of this section.
Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds under the
American Recovery and Reinvestment Act of 2009,Pub. L. 111-5, shall post notice of the rights and
remedies as required therein. (Refer to section 1553 of the American Recovery and Reinvestment Act
of 2009,Pub. L. 111-5,www.Recovery.gov,for specific requirements of this section and prescribed
language for the notices.),
F. Rt agmmt Tarr ReimbuVj2=.
Reserved
G. False Claims Act
Recipient and sub-recipients shall promptly refer to the DOE or other appropriate Inspector General
any credible evidence that a principal;employee,agent,contractor,sub-grantee,subcontractor or other
person has submitted a false claim under the False Claims Act or has committed a criminal or civil
violation of laws pertaining to fraud,conflict or interest,bribery,gratuity or similar misconduct
involving those funds.
H. Information in suPpo1(jaL,.of Kecover-y act F
Recipient may be required to submit backup documentation for expenditures of funds under the
Recovery Act including such items as timecards and invoices. Recipient shall provide copies of
backup documentation at the request of the Contracting Officer or designee.
1. Availability of Funds
Funds appropriated under the Recovery Act and obligated to this award are available for
reimbursement of costs until September 30,2015.
3, Additional Fundir _Dis l�,g �S, ance�f Ar>azonriattrJse Qf Ft�
Applicable-if award is t(?a State Goveg1U,0t or gency
Certification by Governor--Not later than April 3,2009, for funds provided to any State or agency
thereof'by the American Reinvestment and Recovery Act of 2009,Pub.L. 111-5,the Governor of the
State shall certify that: 1) the state will request and use funds provided by the Act;and 2)the funds will
be used to create jobs and promote economic growth.
Acceptance by State Legislature:--If funds provided to any State in any division of the Act are not
accepted for use by the Governor,then acceptance by the State legislature,by means of the adoption of
a concurrent resolution,shall be sufficient to provide funding to such State.
Distribution—After adoption of a State legislature's concurrent resolution, funding to the State will be
for distribution to local governments,councils of government,public entities,and public-private
entities within the State either by formula or at the State's discretion.
K. Certifications
Not Specified/Other 10
102709
With respect to fiends made available to State or local governments for infrastructure investments
under the American Recovery and Reinvestment Act of 2009,Pub. L. 111-5,the Governor, mayor,or
other chief executive.as appropriate,certified by acceptance of this award that the infrastructure
investment has received the full review and vetting required by law and that the chief executive accepts
responsibility that the infrastructure investment is an appropriate use of taxpayer dollars. Recipient
shall provide an additional certification that includes a description of the investment,the estimated
total cost,and the amount of covered funds to be used for posting on the Internet. A State or local
agency may not receive infrastructure investment funding from funds made available by the Act unless
this certification is made and posted.
25. REPOR'T'ING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE
RECOVERY ACT(MAY 2009)
a. This award requires the recipient to complete projects or activities which are funded under the
American Recovery and Reinvestment Act of 2009(Recovery Act) and to report on use of Recovery
Act funds provided through this award. Information from these reports will be made available to the
public.
b. The reports are due no later than ten calendar days after each calendar quarter in which the recipient
receives the assistance award funded in whole or in part by the Recovery Act.
c. Recipients and their first-tier recipients must maintain current registrations in the Central Contractor
Registration(http://www.ccr.-ov)at all times during which they have active federal awards funded
with Recovery Act funds.A Dun and Bradstreet Data Universal Numbering System(DUNS)Number
(http://www.dnb.coin)is one of the requirements for registration in the Central Contractor
Registration.
d. The recipient shall report the information described in section 1512(c)of the Recovery Act using the
reporting instructions and data elements that will be provided online at
http://www.Fedeim]Rcporting.gov and ensure that any information that is pre-filled is corrected or
updated as needed.
26. REQUIRED USE OF AMERICAN IRON,STEEL,AND MANUFACTURED GOODS--
SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
(MAY 2009)
TLUSAWARD TERM IS APPLICABLE TO ANY RECOVERY ACT FUNDS FOR C NNYTRUCTION.
ALTERATION,MALVTENANCE,OR REPAIR OF A PUBLIC BUILDING OR PUBLIC WORKAND
THE TO LqL PROJECT V L UE IS OTIMA TED LESS THAN 57,44111+ THIS A WARD TElm
ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS.
a. Definitions.As used in this award term and condition--
(1) Manufactured good means a good brought to the construction site for incorporation into the
building or work that has been-
(i) Processed into a specific form and shape;or
(ii) Combined with other raw material to create a material that has different properties than the
properties of the individual raw materials.
(2) Public building and public work means a public building of,and a public work of,a govermnental
entity(die United States;the District of Columbia;commonwealths,territories,and minor
outlying islands of the United States; State and local governments;and multi-State,regional,or
interstate cntitics which have governmental functions).These buildings and works may include,
without limitation, bridges,darts,plants,highways,parkways, streets,subways,tunnels, sewers,
mains,power lines,pumping stations,heavy generators,railways,airports,terminals,docks,piers,
Not Specified/Other 11
102709
wharves, ways,lighthouses,buoys,jetties,breakwaters,levees,and canals,and she construction,
alteration,maintenance,or repair of such buildings and works.
(3) Steel means an alley that includes at least 50 percent iron,between .02 and 2 percent carbon,and
may include other elements.
b. Domestic preference.
(1) This award term and condition implements Section 1605 of the American Recovery and
Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111--5),by requiring that all iron,steel,and
manufactured goods used in the project are produced in the United States except as provided in
paragraph(b)(3)and(b)(4)of this section and condition.
(2) This requirement does not apply to the material listed by the Federal Government as follows:
None
[Award official to list applicable excepted materials or indicate"none"]
(3) The award official may add other iron,steel,and/or manufactured goods to the list in paragraph
(b)(2)of this section and condition if the Federal Government determines that--
(i) The cost of the domestic iron,steel,and/or manufactured goods would he unreasonable. The
cost of domestic iron,steel, or manufactured goods used in the project is unreasonable when
the cumulative cost of such material will increase the cost of the overall project by more than
25 percent;
(ii) The iron, steel,and/or manufactured good is not produced,or manufactured in the United
States in sufficient and reasonably available quantities and of a satisfactory quality;or
(iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent
with the public interest.
c. Request for determination of inapplicability of Section 1605 of the Recovery Act.
(l)
(i)Any recipient request to use foreign iron, steel,and/or manufactured goods in accordance
with paragraph(b)(3)of this section shall include adequate information for Federal
Government valuation of the request,including—
(A) A description of the foreign and domestic iron,steel,and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(F) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron,steel,and/or
manufactured goods cited in accordance with paragraph(b)(3)of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market
and a completed cost comparison table in the format in paragraph (d)of this section.
(iii) The cost of iron,steel,and/or manufactured goods material shall include all delivery
costs to the construction site and any.applicable duty.
(iv) Any recipient request for a determination submitted after-Recovery Act funds have
been obligated for a project for construction,alteration,maintenance,or repair shall
explain why the recipient could not reasonably foresee the need for such determination
and could not have requested the determination before the funds were obligated.If the
recipient does not submit a satisfactory explanation,the award official need not make a
determination.
(2) If the Federal Government detennines after funds have been obligated for a project for
Not Specified/Other 12
102709
construction, alteration,maintenance,or repair that an exception to section 1605 of the Recovery
Act applies,the a«vard official will amend the award to allow use of the foreign iron, steel,and/or
relevant manufactured goods, RVhen the basis for the exception is nonavailability or public
interest,the amended award shall reflect adjustment of the award amount,redistribution of
budgeted funds, and/or other actions taken to cover costs associated with acquiring or using the
foreign iron,steel, and/or relevant manufactured goods. When the basis for the exception is the
unreasonable cost of the domestic iron,steel,or manufactured goods,the award official shall
adjust the award amount or redistribute budgeted funds by at least the differential established in 2
CFR 176.110(a).
(3) Unless the Federal Goveriunent determines that an exception to section 1605 of the Recovery Act
applies, use of foreign iron, steel,and/or manufactured goods is noncompliant ivith section 1605
of the Ainerican Recovery and Reinvestment Act.
d, Data, To permit evaluation of requests under paragraph(b)of this section based on unreasonable cost,
the Recipient shall include the following information and any applicable supporting data based on the
survey of suppliers:
Foreign and Domestic Items Cost Comparison
Description Unit of Measure Quantity Cost
(dollars)*
Item I.
Foreign steel, iron,or manufactured good
Domestic steel, iron,or manufactured good
Itein ,
Foreign steel, iron, or manufactured good
Domestic steel iron, or manufactured good
List name,address,telephone number,email address,and contact for suppliers sun eyed.Attach copy of
response;if oral, attach summary.
Include other applicable supporting information.
*Include all delivery costs to the construction site.
27. REQUIRED USE OF AMERICAN IRON,STEEL, AND MANUFACTURED GOODS
(COVERED UNDER L'NTERNATIONAL AGREENIENTS)--SECTION 1605 OF THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009(1VIAY 2009)
TIII ..4WARD TERM IS APPLICABLE TO.IIVY_RECOY'ERYAC'T FUND FOR_C'UN_STRUClION,
ALTERATIOA,AMLNTEA'ANCE, OR REPAIR OF PUBLIC'BUILDING OR PUBLIC WORK
WITUA ML14 ROJECT VALCE OVER 57,443.000 MTIAI VOL VESIRON, STEEL.ANDION
;L4NUFACTURED GOODS MATERIALS COVERED UNDER 4 N�TERN.9 LULVAL AGREEMEA'TS,
THIS AI7!4RD TERMALS0,4PPLIES TO ALL SUBGRANTSAND CONTR4CTS.
a. Definitions. As used in this award term and condition--
Designated country—
Not Specified/Other 13
102709
(1) A World Trade Organization Government Procurement Agreement country(Aruba,Austria,
Belgium,Bulgaria,Canada,Cyprus,Czech Republic,Denmark,Estonia,Finland,France,
Germany,Greece,Hong Kong,Hungary, Iceland,Ireland,Israel, Italy,Japan,Korea(Republic
of),Latvia,Liechtenstein,Lithuania, Luxembourg,Malta,Netherlands,Norway,Poland, Portugal,
Romania, Singapore,Slovak Republic,Slovenia, Spain, Sweden, Switzerland,and United
Kingdom;
(2) A Free Trade Agreement(FTA)country(Australia,Bahrain,Canada,Chile,Costa Rica,
Dominican Republic,El Salvador,Guatemala,Honduras,Tsrael;Mexico,Morocco,Nicaragua,
Oman,Peru,or Singapore);or
(3) A United Stater-European Comnturities Exchange of Letters(May 15, 1995)country; Austria,
Belgium,Bulgaria,Cyprus, Czech Republic,Denmark,Estonia,Finland,France, Germany,
Greece,Hungary, Ireland, Italy, Latvia,Lithuania,Luxembourg,Malta,Netherlands,Poland,
Portugal,Romania,Slovak Republic,Slovenia,Spain,Sweden,and United Kingdom.
Designated country iron, steel,and/or manufactured goods—
(1) is wholly the growth, product,or manufacture of a designated country;or
(2) In the case of a manufactured good that consist in whole Or in part of materials from another
country,has been substantially transformed in a designated country into a new and different
manufactured good distinct from the materials from which it was transformed.
Domestic iron, steel, and/or manufactured good—
(1) is wholly the growth,product,or manufacture of the United States;or
(2) in the case of a manufactured good that consists in whole or in part of materials froin another
country, has been substantially transformed in the United States into a new and different
manufactured good distinct from the materials from which it was transformed.There is no
requirement with regard to the origin of components or subcomponents in manufactured goods or
products,as long as the manufacture of the goods occurs in the United States.
Foreign iron,steel,and/or manufactured good means iron,steel and/or manufactured good that is not
domestic or designated country iron,steel,and/or manufactured good.
Manufactured good means a good brought to the construction site for incorporation into the building or
work that has been--
()) Processed into a specific form and shape;or
(2) Combined with other raw material to create a material that has different.properties than the
properties of the individual raw materials.
Public building and public work means a public building of,and a public work of,a governmental
entity(the United States; the District of Columbia; commonwealths,territories,and ininor
outlying islands of the United States; State and local governments;and multi-State,regional, or
interstate entities which have governmental functions).These buildings and works may hiclude,
without limitation, bridges,dams,plants,highways,parkways,streets,subways, tunnels,sewers,
mains,power lines,pumping statioms, heavy generators,railways,airports, terminals,docks,piers,
wharves,ways, lighthouses,buoys,jetties,breakwaters,levees,and canals,and the construction,
alteration,maintenance,or repair of such buildings and works.
Steel means an alloy that includes at least 50 percent iron,between.02 and 2 percent carbon,and
may include other elements.
Not Specified/Other 14
102709
b. Iron,steel, and manufactured goods,
(l) The award term and condition described in(his section implements--
(i) Section 1605(a)of the American Recovery and Reinvestment Act of 2009(Pub.L. 111--5)
(Recovery Act),by requiring that all iron, steel,and manufactured goods used in the project
are produced in the United States;and
(ii) Section 1605(d),which requires application of the Buy American requirement in a manner
consistent with U.S. obligations under international agreements.The restrictions of section
1 605 of the Recovery Act do not apply to designated country iron,steel,and/or manufactured
goods.The Buy American requirement in section 1605 shall not be applied where the iron,
steel or manufactured goods used in the project are from a Party to an international agreement
that obligates the recipient to treat the goods and services of that Party the same as domestic
roods and services,This obligation shall only apply to projects with an estimated value of
$7,443,000 or more.
(2) The recipient shall use only domestic or designated country iron,steel,and manufactured goods in
perfonning the work funded in whole or part with this award,except as provided in paragraphs
(b)(3)and(b)(4)of this section.
(3) The requirement in paragraph(b)(2) of this section does not apply to the iron,steel,and
manufactured goods listed by the Federal Government as follows:
None
[Award official to list applicable excepted materials or indicate"none"]
(4) The award official may add other iron,steel,and manufactured goods to the list in paragraph
(b)(3)ofthis section if the Federal Government determines that-
(i) The cost of domestic iron,steel,and/or manufactured goods would be unreasonable, The cost
of domestic iron, steel, and/or manufactured goods used in the project is unreasonable when
the cumulative cost of such material will increase the overall cost of the project by more than
25 percent;
(ii) The iron, steel,and/or manufactured good is not produced,or manufactured in the United
States in sufficient and reasonably available commercial quantities of a satisfactory quality;or
(iii)The application of the restriction of section 1605 of the Recovery Act would be inconsistent
with the public interest.
c. Request for determination of inapplicability of section 1605 of the Recovery Actor the Buy American
Act.
(1) (i) Any recipient request to use foreign iron,steel,and/or manufactured goods in accordance
with paragraph(b)(4)of this section shall include adequate information for Federal
Government evaluation of the request,including--
(A) A description of the foreign and domestic iron,steel,and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name acid address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron,steel,and/or
manufactured goods cited in accordance with paragraph(b)(4)of this sections,
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a
completed cost comparison table in the format in paragraph (d)of this section.
(iii) The cost of iron,steel,or manufactured goods shall include all delivery costs to the
Not Specified/Other 15
102709
construction site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds have been
obligated for a project for construction,alteration,maintenance,or repair shall explain wliy
the recipient could not reasonably foresee the need for such determination and could not have
requested the determination before the fund-,were obligated. If the recipient does not submit a
satisfactory explanation,the award official need not snake a determination.
(2) If the Federal Government determines after funds have been obligated for a project for
construction,alteration,maintenance,or repair that an exception to section 1605 of the Recovery
Act applies,the award official will amend the award to allow use of the foreign iron,steed,and/or
relevant manufactured goods.When the basis for the exception is nonavailability or public
interest,the amended award shall reflect adjustment of the award amotult,redistribution of
budgeted funds,and/or other appropriate actions taken to cover costs associated with acquiring or
using the foreign iron,steel,and/or relevant manufactured goods..When the basis for the
exception is the unreasonable cost of the domestic iron,steel,or manufactured goods, the award
official shall adjust the award amount or redistribute budgeted funds,as appropriate,by at least the
differential established in 2 CFR 176.110(a).
(3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act
applies,use of foreign iron,steel,and/or manufactured goods other than designated country iron,
steel,and/or manufactured goods is noncompliant with the applicable Act.
d. Data. To permit evaluation of requests under paragraph(b)of this section based on unreasonable cost,
the applicant shall include the following information and any applicable supporting data based on the
survey of suppliers:
Foreign and Domestic Items Cost Comparison
Description Unit of Quantity Cost
Measure dollars)l
Item 1:
Foreign steel, iron,or manufactured good
_ Domestic steel,iron,or manufactured good
Item 2:
Foreign steel,iron ,or manufactured good
Domestic steel,iron,or manufactured good
List name,address,telephone number,email address,and contact for suppliers surveyed. Attach copy of
response; if oral,attach summary.
Include other applicable supporting information.
*(nclude all delivery costs to the construction site.
28. WAGF. RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT(YIAY
2009)
THIS AWARD TERM IS APPLICABLE TORECOV,,RYACT PROGRAMS ORACTIVITIES THAT
MAYIN VOL VE COAISTR UCTION.ALL ERATIOtV,1L�'NMA'AIYCEo CI)R REPAIR. 171IS AW:4K11
TERM ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS.
Not Specified!Other 16
102709
a. Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors
and subcontractors on projects funded directly by or assisted in whole or in part by and through the
Federal Government pursuant to the Recovery Act shall be paid wages at rates not less than those
prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in
accordance with subchapter 1V of chapter 31 of title 40,United States Code.
Pursuant to Reorganization Plan No. 14 and the Copeland Act,40 U.S.C. 3145,the Department of
Labor has issued regulations at 29 CFR parts 1,3,and 5 to implement the Davis-Bacon and related
Acts.Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis-Bacon
contract clauses Set forth in that section.Federal agencies providing grants,cooperative agreements,
and loans under the Recovery Act shall ensure that the standard Davis-Bacon contract clauses found in
29 CFR 5.5(a) are incorporated in any resultant covered contracts that are in excess of 52,000 for
construction,alteration or repair(including painting and decorating).
b. For additional guidance on the wage rate requirements of section 1606,contact your awarding agency.
Recipients of grants,cooperative agreements and loans should direct their initial inquiries concerning
the application of Davis-Bacon requirements to a particular federally assisted project to the Federal
agency funding the project.The Secretary of Labor retains final coverage authority under
Reorganization Plan Number 14,
29. RECOVERY ACT TRANSACTIONS I.ISTFD IN SCHEDULE OF EXPENDITURES OF
FEDERAL. AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING
SUBRECIPIENTS (MAY 2049)
a. To maximize the transparency and accountability of funds authorized under the American Recovery
and Reinvestment Act of 2009(Pub. L. 111--5)(Recovery Act)as required by Congress and in
accordance with 2 CFR 215.21 "Uniform Administrative Requirements for Grants and Agreements"
and OMB Circular A--102 Common Rule,,provisions,recipients agree to maintain records that
identify adequately the source and application of Recovery Act funds. OMB Circular A--102 is
available at http:ii www.whiteliouse.gov/omb/circulars/al02/al02.1rtm1
b. For recipients covered by the Single Audit Act Amendments of 1996 and OM13 Circular A--133,
"Audits of States, Local Governments,and Non-Profit Organizations,"recipients agree to separately
identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures
of Federal Awards (SEFA) and the Data Collection form(SF--SAC)required by OMB Circular A--
133. OMB Circular A--133 is available at fittp://www.whitehouse.gov/ombiciTculars/al 33/al33.himl.
This shall be accomplished by identifying expenditures for Federal awards made under the Recovery
Act separately on the SEFA,and as separate rows under Itern 9 of Part III on the SF--SAC by CFDA
number,and inclusion of the prefix "ARRA" in identifying the name of the Federal program on the
SF;FA and as the first characters in Itcm 9d of Part III on the SF--SAC.
c. Recipients agree to separately identify to each subrecipient,and document at the time of subaward and
at the time of disbursement of funds,the Federal award number,CFDA number,and amount of
Recovery Act funds.When a recipient awards Recovery Act funds for an existing program,the
information furnished to subrecipients shall distinguish the subawards of incremental Recovery Act
funds from regular subawards under the existing program.
d. Recipients agree to require their subrecipients to include on their SEFA inforration to specifically
identify Recovery Act funding similar to the requirements for the recipient SEFA described above.
This information is needed to allow the recipient to properly monitor subrecipient expenditure of
ARRA funds as well as oversight by the Federal awarding agencies,Offices of Inspector General and
the Government Accountability Office.
30. DAVIS BACON ACT REQUIREMENTS (MAY 2009)
THIS AWARD LLLVlIS APPLICABLE TO IRRA AWARDS WHEN If'AGE RATE
Not Specified/Other 17
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REQUIREMENTS UNDER SECTION 1606 OF THE RECD VER I ACT TERM IS APPLICABLE.
THIS AWARD TERM IS ALSO APPLICABLE TO SUBGRANTS AND CONTRACTS.
Note: Where necessary to make the context of these articles applicable to this award,the terns"Contractor"
shall mean"Recipient"and the term"Subcontractor"shall mean"Subrecipient or Subcontractor"per the
following definitions.
Recipient means the organization, individual,or other entity that receives an award from DOE and is
financially accountable for the use of any DOE funds or property provided for the performance of the
project,and is legally responsible for carrying out the terms and conditions of the award.
Subrecipient means the legal entity to which a subaward is made and which is accountable to the recipient
for the use of the funds provided.The term may include foreign or international organizations(such as
agencies of the United Nations).
Davis-Bacon Act
(a) De ininon.—`'Site of the work°—
(1) Means--
(i) The primary site of the work.The physical place or places where the construction called for in
the award will remain when work on it is completed; and
(ii) The secondary site of the work,if any.Any other site where a significant portion of the
building or work is constructed,provided that such site is—
(A) Located in the United States;and
(B) Established specifically for the performance of the award or project;
(2) Except as provided in paragraph(3)of this definition,includes any fabrication plants,mobile
factories,batch plants,barrow pits:job headquarters, tool yards,etc.,provided-
(i) They are dedicated exclusively,or nearly so,to performance of the award or project; and
(ii) They are adjacent or virtually adjacent to the"primary site of the work" as defined in
paragraph(a)(1)(i),or the"secondary site of the work"as defined in paragraph(a)(1)(i i)of
this definition;
(3) Does not include permanent home offices,branch plant establishments, fabrication plants,or tool
yards of a Contractor or subcontractor whose locations and continuance in operation are
determined wholly without regard to a particular Federal award or project.In addition,fabrication
plants,batch plants,borrow pits,job headquarters,yards,etc., of a commercial or material supplier
which are established by a supplier of materials for the project before opening of bids and not on
the Project site, are not included in the"site of the work." Such pennanent,previously established
facilities are not a part of the"site of the work"even if the operations for a period of time may be
dedicated exclusively or nearly so,to the performance of a award.
(b) (1) All laborers and mechanics employed or working upon the site of the work will be paid
unconditionally and not less often than once a week,and without subsequent deduction or rebate
on any account(except such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act(29 CFR fart 3)),the full amount of wages and bona
fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less
than those contained in the wage determination of the Secretary of Labor which is attached hereto
and made a part hereof,or as may be incorporated for a secondary site of the work,regardless of
any contractual relationship which may be alleged to exist between the Contractor and such
laborers and mechanics.Any wage determination incorporated for a secondary site of the work
shall be effective from the first day on which work under the award was performed at that site and
shall be incorporated without any adjustment in award price or estimated cost.Laborers employed
by the construction Contractor or construction subcontractor that are transporting portions of the
building or work between the secondary site of the work and the primary site of the work shall be
Not Specified/Other 18
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paid in accordance with the wage determination applicable to the primary site of the work.
(2) Contributions Made or costs reasonably anticipated for bona fide fringe benefits under section
l(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics,subject to the provisions of paragraph(e)of this article; also,regular
contributions made or costs incurred for more than a weekly period(but not less often than
quarterly)under plan.~,funds,or programs which cover the particular weekly period,are deemed
to be constructively made or incurred during such period.
(3) Such laborers,and mechanics shall be paid not less than the appropriate wage rate and fringe
benefits in the wage determination for the classification of work actually performed, without
regard to skill, except as provided in the article entitled Apprentices and Trainees. Laborers or
mechanics performing work in snore than one classification may be compensated at the rate
specified for each classification for the time actually worked therein; provided,that the employer's
payroll records accurately set forth the time spent in each classification in which work is
performed.
(4) The wage determination(including any additional classifications and wage rates conformed under
paragraph(c)of this article)and the Davis-Bacon poster(WH-1321) shall be posted at all times by
the Contractor and its subcontractors at the site of the work in a prominent and accessible place
where it can be easily Seen by the workers.
c. (h) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in
the wage determination and which is to be employed under the award shall be classified in
conformance with the wage determination.The Contracting Officer shall approve an additional
classification and wage rate and fringe benefits therefore only when all the following criteria have
been met:
(i) The work to be performed by the classification requested is not performed by a classification
in the wage determination.
(ii) The classification is utilized in the area by the construction industry.
(iii) The proposed wage rate,including any bona fide fringe benefits,bears a reasonable
relationship to the wage rates contained in the wage determination.
(2) If the Contractor and the laborers and mechanics to be employed in the classification(if known),
or their representatives and the Contracting Officer agree on the classification and wage rate
(including the amount designated for fringe benefits,where appropriate),a report of the action
taken shall be sent by the Contracting Officer to the Administrator of the:
Wage and Hour Division
F.niploymcnt Standards Administration
U.S.Department of Labor
Washington,DC 20210
The Administrator or an authorized representative will approve,modify,or disapprove every
additional classification action within 30 days of receipt and so advise the Contracting Officer or
will notify the Contracting Officer within the 30-day period that additional time is necessary.
(3) in the event the Contractor, the laborers or mechanics to be employed in the classification,or their
representatives,and the Contracting Officer do not agree on the proposed classification and wage
rate(including the amount designated for fringe benefits,where appropriate),the Contracting
Officer shall refer the questions,uicluding the views of all interested parties and the
recommendation of the Contracting Officer,to the Administrator of the Wage and Hour Division
for detennination, The Administrator,or an authorized representative,will issue a determination
within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting
Officer within the 30-day period that additional time is necessary.
Not Specified/Other 19
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(4) The wage rate(including fringe benefits, where appropriate)determined pursuant to
subparagraphs(c)(2)and(c)(3)of this article shall be paid to all workers performing work in the
classification under this award from the first day on which work is performed in the classification.
(d) Whenever the minimum wage rate prescribed in the award for a class of laborers or mechanics includes a
fringe benefit which is not expressed as an hourly rate,the Contractor shall either pay the benefit as stated
in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(e) If the Contractor does not make payments to a trustee or other third person,the Contractor may consider as
part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program;provided, that the Secretary of Labor has found, upon the
written request of the Contractor,that the applicable standards of the Davis-Bacon Act have been met.The
Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.
Rates of Wages
The minimum wages to be paid laborers and mechanics tinder this award involved in performance of work at
the project site,as determined by the Secretary of Labor to be prevailing for the corresponding classes of
laborers and mechanics employed on projects of a character similar to the contract work in the pertinent
locality,are included as an attachment to this award.These wage rates are minimum rates and are not intended
to represent the actual wage rates that the Contractor may have to pay.
Payrolls and Basic Records
(a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the
work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of
the work. Such records shall contain the name,address,and social security number of each such worker,hip
or her correct classification,hourly rates of wages paid(including rates of contributions or costs anticipated
for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B)of the
Davis-Bacon Act), daily and weekly number of hours worked, deductions made,and actual wages paid.
Whenever the Secretary of Labor has found,under paragraph(d)of the article entitled Davis-Bacon Act,
that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in section I(b)(2)(B) of the Davis-Bacon Act, the
Contractor shall maintain records which show that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible,and that the plan or program has been communicated in
writing to the laborers or mechanics affected,and records which show the costs anticipated or the actual
cost incurred in providing such benefits.Contractors employing apprentices or trainees under approved
programs shall maintain written evidence of the registration of apprenticeship programs and certification of
trainee programs,the registration of the apprentices and trainees,and the ratios and wage rates prescribed
in the applicable progranL&
(h) (i) The Contractor shall submit weekly for each week in which any award work is performed a copy of all
payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all
of the information required to be maintained under paragraph(a)of this article,except that full social
security numbers and home addresses shall not be included on weekly transmittals. Instead the
payrolls shall only need to include an individually identifying number for each employee(e.g., the last
four digits of the employee's social security number). This information may be submitted in any form
desired. Optional Form WH-347 (Federal Stock Number 029-005-00014-1)is available for this
purpose and may be purchased from the--
Superintendent of Documents U.S. Government Printing Office Washington, DC 20402
The Prime Contractor is responsible for the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social security number and current address of
each covered worker,and shall provide them upon request to the Contracting Officer if the agency is a
Not Specified/Other 20
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party to the contract,but if the agency is not such a party,the contractor will submit them to the
applicant, sponsor, or owner,as the case maybe for transmission to the Contracting Officer,the
contractor,or the Wage and House Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage requirements. It is not a violation of this
section for a prime contractor to require a subcontractor to provide addresses and social security
numbers to the prime contractor for its own records,without weekly submission to the sponsoring
government agency(or the applicant,sponsor,or owner).
(2) Each payroll submitted shal I be accompanied by a"Statement of Compliance,"signed by the
Contactor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the award and shall certify--
(i) That the payroll for the payroll period contains the information required to be provided under
paragraph(b)(1)of this article,the appropriate information is being maintained under paragraph
(a)of this article and that such information is correct and complete;
(ii) That each laborer or mechanic(including eaclt helper,apprentice,and trainee)employed on the
award during the payroll period has been paid the full weekly wages earned,without rebate,either
directly or indirectly, and that no deductions have been made either directly or indirectly from the
full wages earned,other than permissible deductions as set forth in the Regulations,29 CFR Part
3;and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed,as specified in the applicable
wage determination incorporated into the award.
(3) The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form WH-347 shall satisfy the requirement for submission of the"Statement of Compliance"required
by subparagraph(b)(2)of this article.
(4) The falsification of any of the certifications hi this article may subject the Contractor or subcontractor
to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of tic
United States Code.
(c) The Contractor or subcontractor shall make the records required under paragraph(a)of this article available
for inspection,copying,or transcription by the Contracting Officer or authorized representatives of the
Contracting Officer or the Department of Labor.The Contractor or subcontractor shall permit the
Contracting Officer or representatives of the Contracting Officer or the Department of Labor to interview
employees during working hours on the job. If the Contractor or subcontractor fails to submit required
records or to make them available,the Contracting Officer may,after written notice to the Contractor,take:
such action as may be necessary to cause the suspension of any further payment. Furthermore,failure to
submit the required records upon request or to make such records available may be grounds for debarment
action pursuant to 29 CFR 5.12.
Withholding of Funds
The Contracting Officer shall,upon his or her own action or upon written request of an authorized
representative of the Department of Labor,withhold or cause to be withheld from the Contractor under this
award or any other Federal award with the same Prime Contractor,or any other federally assisted award
subject to Davis-Bacon prevailing wage requirements,which is held by the same Prime Contractor,so
much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics,
including apprentices, trainees,and helpers,employed by the Contractor or any subcontractor the full
amount of wages required by the award. In the cvcnt of Failure to pay any laborer or mechanic,including
any apprentice,trainee,or helper, employed or working on the site of the work,all or part of the wages
required by die award,the Contracting Officer may,after written notice to the Contractor,take such action
as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds until
such violations have ceased.
Apprentices and Trainees
Not Specified/Other 21
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(a) Apprentices.
(l) An apprentice will be permitted to work at less than the predetermined rate for the work they
performed when they are employed-
(i) Pursuant to and individually registered in a bona fide apprenticeship program registered with
the U.S. Department of Labor,Employment and Training Administration;Office of
Apprenticeship and Training, Employer, and Labor Services (OATELS) or with a State
Apprenticeship Agency recognized by the OATELS; or
(ii) In the first 90 days of probationary employment as an apprentice in Ouch an apprenticeship
program,even though not individually registered in the program, if certified by the OATELS
or a State Apprenticeship Agency(where appropriate) to be eligible for probationary
employment as an apprentice.
(2) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not
be greater than the ratio permitted to the Contractor as to the entire work force under the registered
program.
(3) Any worker listed on a payroll at an apprentice wage rate,who is not registered or otherwise
employed as stated in paragraph(a)(1) of this article, shall be paid not less than the applicable
wage determination for the classification of work actually performed. In addition,any apprentice
performing work on the job site in excess of the ratio permitted under the registered program shall
be paid not less than the applicable wage rate on the wage determination for the work actually
performed.
(4) Where a contractor is performing construction on a project in a locality other than that in which its
program is registered,the ratios and wage rates(expressed in percentages of the journeyman's
hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program f'or the
apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified
in the applicable wage determination.
(5) Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid
the full amount of fringe benefits listed on the wage determination for the applicable classification.
If the Administrator determines that a different practice prevails for the applicable apprentice
classification,fringes shall be paid in accordance with that determination.
(6) In the event OATELS,or a State Apprenticeship Agency recognized by OATELS,withdraws
approval of an apprenticeship program,the Contractor will no longer be permitted to utilize
apprentices at less than the applicable predetennined rate for the work performed until an
acceptable program is approved.
(b) Trainees.
(1) Except as provided in 29 CFR 5.16,trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by
the U.S. Department of Labor, Employment and Training Administration, Office of
Apprenticeship`!'raining,Employer, and Labor Services (OATELS).The ratio of trainees to
journeymen on the job site shall not be greater than petniitted under the plan approved by
OATELS.
(2) Every trainee must be paid at not less than the rate specified in the approved program for the
trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in
the applicable wage determination, Trainees shall be paid fringe benefits in accordance with the
Not Specified/Other 22
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provisions of the trainee program. If the trainee program does not mention fringe benefits,trainees
shall be paid the full amount of fringe benefits listed in the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an apprenticeship program
associated with the corresponding journeyman wage rate in the wage determination which
provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a
trainee rate who is not registered and participating in a training plan approved by the OATELS
shall be paid not less than the applicable wage rate in the wage determination for the classification
of work actually performed. In addition,any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be paid not less than the applicable wage
rate in the wage determination for the work actually performed.
(3) In the event OATELS withdraws approval of a training program,the Contractor will no longer be
permitted to utilize trainees at less than the applicable predetermined rate for the work performed
until an acceptable program is approved.
(d) Equal employment opportunity.The utilization of apprentices, trainees,and journeymen under this
article shall be in conformity with the equal employment opportunity requirements of Executive
Order 11246,as amended,and 29 CFR Part 30.
Compliance with Copeland Act.Requirements
The Contractor shall comply with the requirements of 29 CFR Part 3,which are hereby incorporated by
reference in this award.
Subcontracts(Labor Standards)
(a) Definition. "Construction,alteration or repair,"as used in this article means all types of work done by
laborers and mechanics employed by the construction Contractor or construction subcontractor on a
particular building or work at the site thereof,including without limitation---
(1) Altering, remodeling, installation(if appropriate)on the site of the work of items fabricated off-
site;
(2) Painting and decorating;
(3) Manufacturing or furnishing of materials,articles,Supplies,or equipment on the site of the
building or work;
(4) Transportation of materials and supplies between the site of the work within the meaning of
paragraphs(a)(1)(i)and(ii)of the"site of the work"as defined in the article entitled Davis Bacon
Act of this award, and a facility which is dedicated to the construction of the building or work and
is deemed part of the site of the work within the ineaning of paragraph(2)of the"site of work"
definition; and
(5) Transportation of portions of the building or work between a secondary site where a significant
portion of the building or work is constructed,which is part of the"site of the work"definition in
paragraph(a)(1)(ii)of the Davis-Bacon Act article,and the physical place or places where the
building or work will remain(paragraph(a)(1)(i)of the Davis Bacon Act article, in the"site of the
work"definition).
(b) The Contractor or subcontractor shall insert in any subcontracts for construction, alterations and repairs
within the Unitcd States the articles entitled-
(]) Davis-Bacon Act;
(2) Contract Work Hours and Safety Standards Act--Overtime Compensation(if the article is
Not Specified/Other 23
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included in this award);
(3) Apprentices and Trainees;
(4) Payrolls and Basic Records;
(5) Compliance with Copeland Act Requirements;
(6) Withliolding of Funds;
(7) Subcontracts(Labor Standards);
(A) Contract Termination—Debarment;
(9) Disputes Concerning Labor Standards;
(10)Compliance with Davis-Bacon and Related Act Regulations;and
(11)Certification of Eligibility.
(c) The Prime Contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor performing construction within the United States with all the award articles cited in
paragraph(b).
(d) (I)Within 14 days after issuance of the award, the Contractor shall deliver to the Contracting Officer a
completed Standard Form(SF) 1413,Statement and Ackrtowledgnrent, for each subcontract for
construction within the United States, including the subcontractor's signed and dated acknowledgment
that the articles set forth in paragraph(b)of this article have been included in the subcontract.
Within 14 days after the award of any subsequently awarded subcontract the Contractor shall deliver to
the Contracting Officer an updated completed SF 1413 for such additional subcontract.
(c) The Contractor shall insert the substance of this article,including this paragraph(e)in all subcontracts
for construction within the United States.
Contract Termination--Debarment
A breach of the award articles entitled Davis-Bacon Act, Contract Work Hours and Safety Standards Act--
Overtime Compensation,Apprentices and Trainees,Payrolls and Basic Records,Compliance with
Copeland Act Requirements,Subcontracts(Labor Standards),Compliance with Davis-Bacon and Related
Act Regulations,or Certification of Eligibility may be grounds for termination of the whole award or in
part for the Recovery Act covered work only,and for debarment as a Contractor and subcontractor as
provided in 29 CFR 5.12.
Compliance with Davis-Bacon and Related Act Regulations
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5
are hereby incorporated by reference in this award.
Disputes Concerning Labor Standards
The United States Department of Labor has set forth in 29 CFR Parts 5,6,and 7 procedures for resolving
disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those
procedures and not the Disputes and Appeals as defined in 10 CFR 600.22.Disputes within the meaning of
this article include disputes between the Contractor(or any of its subcontrac(ors)and the contracting
agency, the U.S, Department of Labor,or the employees or their representatives.
Not Specified/Other 24
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Certification of Eligibility
(a) By entering into this award, the Contractor certifies that neither it(nor he or she.)nor any person or
firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded
Government awards by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(]).
(b) No part of this award shall be subcontracted to any person or firm ineligible for award of a
Government award by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(c) The penalty for making false statements is prescribed in the U.S.Criminal Code, 18 U.S.C. 1001.
Approval of Wage Rates
All straight time wage rates,and overtime rates based thereon, for laborers and mechanics engaged in work
under this award must be submitted for approval in writing by the head of the contracting activity or a
representative expressly designated for this purpose, if the straight time wages exceed the rates for
corresponding classifications contained in the applicable Davis-Bacon Act minimum wage determination
included in the award. Any amount paid by (lie Contractor to any laborer or mechanic in excess of the
agency approved wage rate shall be at the expense of the Contractor and shall not be reimbursed by the
Government. If the Government refuses to authorize the use of the overtime,the Contractor is not released
from the obligation to pay employees at the required overtime rates for any overtime actually worked.
31. HISTORIC PRESERVATION
Prior to the expenditure of Federal funds to alter any Structure or site, the Recipient is required to comply
with the requirements of Section 106 of the National Historic Preservation Act (NHPA), consistent with
DO'E's 2009 letter of delegation of authority regarding the NHPA. Section 106 applies to historic properties
that are listed in or eligible for listing in the National Register of Historic Places. In order to fulfill the
requirements of Section 106, the Recipient must contact the State Historic Preservation Officer(SHPO),
and, if applicable,the Tribal Historic Preservation Officer(THPO),to coordinate the Section 106 review
outlined in 36 CFR Part 800. SHl'O contact information is available at the following link:
htLP;//www.ncsh 2p.orU!fiud/index.htm. THPO contact information is available at the following link:
htt p;//www-iialiTpo.oQ�r'nom.h tml.
Section 110(k) of the NHPA applies to DOE funded activities. Recipients shall avoid taking any action
that results in an adverse effect to historic properties pending compliance with Section 106.
Recipients should be aware that the DOE Contracting Officer will consider compliance with Section 106 of
NHPA complete only after the Recipient has submitted adequate background documentation to the
SHPO/THPO for its review,and the SHPO/THPO has provided written concurrence to the Recipient that it
does not object to its Section 106 finding or determination. Recipient shall provide a copy of this
concurrence to the Contracting Officer.
Not Specified/Other 2 5
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ATTACHMENT 1—INTELLECTUAL PROPERTY PROVISIONS
Intellectual Property Provisions(NRD-1003)
Nonresearch and Development
Nonprofit organizations are subject to the intellectual property requirements at 10 CFR 600.136(a),(c)and (d).
All other organizations are subject to the intellectual property requirements at 10 CFR 600.136(a) and(c).
600.136 Intangible property.
(a) Recipients may copyright any work that is subject to copyright and was developed,or for which ownership
was purchased,under an award. DOL reserves a royalty-free,nonexchisivc and irrevocable right to reproduce,
publish or otherwise use the work for Federal purposes,and to authorize others to do so.
(c) DOE has the right to:
(1) Obtain, reproduce,publish or otherwise use the data first produced under an award; and
(2) Authorize others to receive,reproduce, publish, or otherwise use such data for Federal purposes.
(d) In addition,in response to a Freedom of Information act(FOIA) request for research data relating to
published research findings produced under an award that were used by the Federal Gnvcrnznenl in developing
an agency action that has the force and effect of law,the DOE shall request,and the recipient shall provide,
within a reasonable time,the research data so that they can be made available to the public through the
procedures established under the FOIA. If the DOE obtains the research data solely in response to a l OIA
request, the agency may charge the requester a reasonable fee equaling the full incremental cost of obtaining the
research data. This fee should reflect the costs incurred by the agency,the recipient, and applicable
subrecipients. This fee is in addition to any fees the agency may assess under the FOIA(5 U.S.C.
552(a)(4)(A)),
Not Specified/Other 26
Exhibit "6"
NATIONAL POLICY ASSURANCES TO BE INCORPORATED AS AWARD TERMS
(August 2008)
To the extent that a term does not apply to a particular type of activity or award, it is self-
deleting.
1. Nondiscrimination Policies
You must comply with applicable provisions of the following national policies prohibiting
discrimination:
1 On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.), as implemented by DOE regulations at 10 CFR part 1040;
? On the basis of sex or blindness, in Title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.), as implemented by DOH regulations at 10 CFR parts 1041 and 1042;
3 On the basis of age, in the Age Discrimination Act of 1975 (42 U.S.C.6101 et seq.), as
implemented by Department or Health and Hunan Services regulations at 45 CFR part 90 and
DOE regulations at 10 CFR part 1040;
4 On the basis of disability, in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794), as implemented by Department of Justice regulations at 28 CFR part 41 and DOE
regulations at 10 CFR part 1041;
5 On the basis of race, color, national origin, religion, disability, familial status, and sex
under Title VIII of the Civil Rights Act (42 U.S.C. 3601 et seq.)as implemented by the
Department of Housing and Urban Development at 24 CFR part 100; and
6 On the basis of disability in the Architectural Barriers Act of 1968(42 U.S.C. 4151 et
seq.) for the design, constnietion, and alteration of buildings and facilities financed with
Federal fiends.
I1. Environmental Policies
You must;
1 Comply with applicable provisions of the Clean Air Act(42 U.S.C.7401,et. seq.) and
Clean Water Act(33 U,S.C. 1251, et. seq.), as implemented by Executive Order 11738 [3 CFR,
1971-1975 Comp., p. 799] and Environmental Protection Agency rules at 40 CFR part 32,
Subpart J.
2 Immediately identify to us, as the awarding agency, any potential impact that you find
this award may have on:
a. The quality of the human environment, including wetlands, and provide any help we
may need to comply with the National Environmental Policy Act(NEPA, at 42 U.S.C.4321 et.
seq.) and assist us to prepare Environmental Impact Statements or other environmental
documentation. In such cases, you may take no action that will have an adverse environmental
impact(e.g., physical disturbance of a site such as breaking of ground) or limit the choice of
reasonable alternatives until we provide written notification of Federal compliance with N)✓PA,
as implemented by DOE at 10 CFR part 1021.
b. Flood-prone areas, and provide any help we may need to comply with the National
Flood Insurance Act of 1968 and Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et.
seq.),which require flood insurance, when available, for Federally assisted construction or
acquisition in flood-prone areas, as implemented by DUE at I0 CFR part 1022.
C. Use of land and water resources of coastal zones, and provide any help we may need to
comply with the Coastal Zone Management Act of 1 972(16 U.S.C. 1451, et. seq.),
d. Coastal barriers along the Atlantic and Gulf coasts and Great Lakes' shores, and
provide help we may need to comply with the Coastal Barriers Resource Act(16 U.S.C. 3501
et. seq.), concerning preservation of barrier resources.
e. Any existing or proposed component of the National Wild and Scenic Rivers system,
and provide any help we may need to comply with the Wild and Scenic Rivers Act of 1968 (16
U.S.C. 1271 et seq.).
f. Underground sources of drinking water in areas that have an aquifer that is the sole or
principal drinking water source, and provide any help we may need to comply with the Safe
Drinking Water Act(42 U,S,C. 300h-3).
3 Comply with applicable provisions of the Lead-Based Paint Poisoning Prevention Act
(42 U.S.C.4821-4846), as implemented by the Department of Housing and Urban
Development at 24 CFR part 35. The requirements concern lead-based paint in housing owned
by the Federal Government or receiving Federal assistance.
4 Comply with section 6002 of the Resource Conservation and Recovery Act of 1976, as
amended (42 U.S.C. 6962), and implementing regulations of the Environmental Protection
Agency, 40 CFR Part 247, which require the purchase of recycled products by States or
political subdivision of States.
III. Live Organisms
1 Human research subjects. You must protect the rights and welfare of individuals that
participate as human subjects in research under this award in accordance with the Common
Federal Policy for the Protection of Human Subjects (45 CFR part 46), as implemented by
DOE at 10 CFR part 745.
2 Animals and plants.
a. You must comply with applicable provisions of Department of Agriculture rules at 9
CFR parts 1-4 that implement the Laboratory Animal Welfare Act of 1966 (7 U.S.C. 2131-
2156) and provide for humane transportation, handling, care, and treatment of animals used in
research,experimentation, or testing under this award.
b. You must follow the guidelines in the National Academy of Scienees(NAS) Publication
"Guide for the Care and Use of Laboratory Animals"(1996, which may be found currently at
http://www.nap.edu/readingroom/books/labrats/)and comply with the Public Health Service
Policy and Government principles Regarding the Care and use of animals(included as
Appendix D to the NAS Guide).
C. You must immediately identify to us, as the awarding agency, any potential impact that
you find this award may have on endangered species, as defined by the Endangered Species
Act of 1973, as amended ("the Act," 16 U.S.C. 1531-1543), and implementing regulations of
the Departments of the Interior (50 CFR parts 10-24) and Commerce (50 CFR parts 217-227).
You also must provide any help we may need to comply with 16 U.S.C. 1536(x)(2).This is not
in lieu of responsibilities you have to comply with provisions of the Act that apply directly to
YOU as a U.S. entity, independent of receiving this award.
IV, Other National Policies
I Debarment and suspension. You must comply with requirements regarding debarment
and suspension in Subpart C of 2 CFR parts 180 and 901.
2 Drug-free'workplace. You must comply with drug-free workplace requirements in
Subpart B of 10 CFR part 607, which implements sec. 5151-5160 of the Drug-Free Workplace
Act of 1988(Pub, L, 100-690,Title V, Subtitle D;41 U.S.C. 701, et seq.).
3 Lobbying.
a. You must comply with the restrictions on lobbying in 31 U.S.C.1352, as implemented
by DOE at 10 CFR part 601, and submit all disclosures required by that statute and regulation.
b. if you are a nonprofit organization described in section 501(c)(4)of title 26, United
States Code (the Internal Revenue Code of 1968),you may not engage in lobbying activities as
defined in the Lobbying Disclosure Act of 1995 (2 U.S.C., Chapter 26). if we determine that
you have engaged in lobbying activities, we will cease all payments to you under this and other
awards and terminate the awards unilaterally for material failure to comply with the award
terms and conditions. By submitting an application and accepting funds under this agreement,
you assure that you are not an organization described in section 501(c)(4)that has engaged in
any lobbying activities described in the Lobbying Disclosure Act of 1995 (2 U.S.C. 1611).
C. You must comply with the prohibition in 18 U.S.C. 1913 on the use of Federal funds,
absent express Congressional authorization, to pay directly or indirectly for any service,
advertisement or other written matter, telephone communication, or other device intended to
influence at any time a Member of Congress or official of any government concerning any
legislation, law, policy, appropriation, or ratification.
4. Officials not to benefit. You must comply with the requirement that no member of
Congress shall be admitted to any share or part of this agreement, or to any benefit arising from
it, in accordance with 41 U.S.C. 22.
5 Iiateh Act. If applicable, you must comply with the provisions of the match Act (5
U.S,C. 1501-1508 and 7324-7326), as implemented by the Office of Personnel Management at
5 CFR part 151, which limits political activity of employees or officers of State or local
governments whose employment is connected to an activity financed in whole or part with
Federal funds.
6 Native American graves protection and repatriation. if you control or possess
Native American remains and associated funerary objects, you must comply with the
requirements of 43 CFR part 10, the Department of the Interior implementation of the Native
American Graves Protection and Repatriation Act of 1990 (25 U,S,C„chapter 32).
7 Fly America Act, You must comply with the International Air Transportation Fair
Competitive Practices Act of 1974 (49 U.S.C. 40118),commonly referred to as the "Fly
America Act,"and implementing regulations at 41 CHIC 301-10.131 through 301-10.143.The
law and regulations require air transport of people or property to,from, between ar within a
country other than the United States, the cost of which is supported under this award,to be
performed by or under a cost-sharing arrangement with a U.S. flag carrier, if service is
available,
8. 'Use of United States-flag vessels.
a. pursuant to Pub.L, 664 (43 U.S.C. 1241(b)), at least 50 percent of any equipment, materials
or commodities procured, contracted for or otherwise obtained with funds under this award,
and which may be transported by ocean vessel, must be transported on privately owned United
States-flag commercial vessels, if available,
b. Within 20 days following the date of loading for shipments originating within the United
States or within 30 working days following the date of loading for shipments originating
outside the United States, a legible copy of a rated,"on-board" commercial ocean bill-of-lading
in English for each shipment of cargo described in paragraph 9.a of this section shall be
furnished to both our award administrator(through you in the case of your contractor's bill-of-
lading)and to the Division of National Cargo, Office of Market Development, Maritime
Administration, Washington, DC 20590,
9 Research misconduct, You must comply with the government-wide policy on research
misconduct issued by the Office of Science and Technology Policy (available in the Federal
Register at 65 VR 76260, December 6,2000, or on the Internet at www.ostp.gov),as
implemented by DOE at 10 CFR part 733 and 10 CFR 600.31.
10 Requirements for an Institution of Higher Education Concerning Military
recruiters and Reserve Officers Training Corps (ROTC).
a. As a condition for receiving funds under an award by the National Nuclear Security
Administration of the Department of Energy, you agree that you are not an institution of higher
education that has a policy or practice placing any of the restrictions specified in 10 U,S.C,
983. as implemented by 32 CFR part 216, on:
i. Maintenance, establishment, or operation of Senior ROTC units, or student
participation in those units; or
ii. Military recruiters` access to campuses, students on campuses, or int'ormation about
students,
b. If you are determined, using the procedures in 32 CFR part 216, to be such an
institution of higher education during the period of performance of this award, we:
i. Will cease all payments to you of funds under this award and all other awards subject
to the requirements in 32 CFR part 216; and
ii. May suspend or terminate those awards unilaterally for material failure to comply
with the award terms and conditions.
t 1, Historic preservation. You must identify to us any;
a. Any property listed or eligible for listing on the National Register of Historic Places
that will be affected by this award,and provide any help we may need, with respect to this
award,to comply with Section 106 of the National Historic Preservation Act of 1966 (16
U.S.C.470f, as implemented by the Advisory Council on Historic Preservation regulations at
36 CFR part 800 and Executive Order 11593, "Identification and Protection of Historic
Properties," [3 CFR, 1971-1975 Comp., p, 559].
b. Potential under this award for irreparable loss or destruction of significant scientific,
prehistorical, historical, or archeological data, and provide any help we may need, with respect
to this award, to comply with the Archaeological and Historic Preservation Act of 1974 (16
U.S.C.469a-1, et seq.).
12 Relocation and real property acquisition. You must comply with applicable
provisions of 49 CFR part 24,which implements the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970(42 U,S.C. 4601, et seq.) and provides for fair and
equitable treatment of persons displaced by federally assisted programs or persons whose
property is acquired as a result of such programs.
13 Confidentiality of patient records. You must keep confidential any records that you
maintain of the identity, diagnosis, prognosis, or treatment of any patient in connection with
any program or activity relating to substance abuse education,prevention,training, treatment,
or rehabilitation that is assisted directly or indirectly under this award, in accordance with 42
LI,S,C, 290dd-2.
14 Constitution Day. You must comply with Public Law 108-447, Div. J,Title 1, Sec. 111
(36 U.S.C. 106 note), which requires each educational institution receiving Federal funds ill a
Federal fiscal year to hold an educational program on the United States Constitution on
September 17thduring that year for the students served by the educational institution.
15 Trafficking in Persons
a. Provisions applicable to a recipient that is a private entity.
1. You as the recipient; your employees, subrecipients under this award, and subrecipients'
employees may not—
j. Engage in severe forms of trafficking in persons during the period of time that the
award is in effect;
ii. Procure a eommercial sex act during the period of time that the award is in effect;
or
iii. Use forced labor in the performance of the award or subawards under the award.
2. We as the Federal awarding agency may unilaterally terminate this award, without
penalty, if you or a subreeipient that is a private entity–
i, Is determined to have violated a prohibition in paragraph a,l of this award term;
or
ii, Has an employee.who is determined by the agency official authorized to
terminate the award to have violated a prohibition in paragraph a.I of this award
term through conduct that is either---
A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the standards and due process for
imputing the conduct of an individual to an organization that are provided in 2
CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment
and Suspension (Nonprocuresnent)," as implemented by our agency at 2 CFR
part 901,
b. Provision applicable to a recipient other than a private entity. We as the Federal awarding
agency may unilaterally terminate this award, without penalty, if a subrecipient that is a
private entity-
1. is determined to have violated an applicable prohibition in paragraph a.1 of this award
term; or
2. Has an employee who is determined by the agency official authorized to terminate the
award to have violated an applicable prohibition in paragraph a.l of this award term
through conduct that is either-
i. Associated with performance under this award;or
ii. Imputed to the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CPR part 180,
"OMB Guidelines to Agencies on Governmentwide Debannent and Suspension
(Nonprocurement)," as implemented by our agency at 2 CPR part 901.
c. Provisions applicable to any recipient,
1. You must inform us immediately of any information you receive from any source
alleging a violation of a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b. of this
section;
i, Implements section 106(8) of the Trafficking Victims Protection Act of 2000
(TVPA), as amended (22 U.S.C. 7104(8)), and
ii. Is in addition to all other remedies for noncompliance that are available to us
under this award,
3. You must include the requirements of paragraph a,I of this award term in any
subaward you make to a private entity.
d. Definitions, For purposes of this award term:
I. "; mployee"means either:
i. An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under this award; or
ii, Another person engaged in the performance of the project or program under this
award and not compensated by you including, but not limited to, a volunteer or
individual whose services are contributed by a third party as an in-kind
contribution toward cost sharing or matching requirements.
2. "Forced labor" means labor obtained by any of the following methods: the
recruitment, harboring, transportation, provision, or obtaining of person for
labor or services, through the use of force, fraud, or coercion for the purpose of
subjection to involuntary servitude, peonage, debt bondage, or slavery,
3, "Private entity":
i. Means any entity other than a State, local government, Indian tribe, or foreign
public entity, as those terms are defined in 2 CFR 175.25.
ii, Includes:
A. A nonprofit organization, including any nonprotit institution of higher
education, hospital, or tribal organization other than one included in the
definition of Indian tribe at 2 CFR 175.25(b).
B. A for-profit organization.
4, "Severe forms of trafficking in persons,""commercial sex act," and "coercion"
have the meanings given at section 103 of the TVPA, as amended (22 U.S.C,
7102).
V. National Policy Requirements for Subawards.
Rucipicnt responsibility. You must include in any subaward you make under this award the
requirements of the national policy requirements in Sections I through IV of this document that
apply, based on the type of subawardee organization and situation,
AGENDA REPORT
FOR: City Counci , JANUARY 24, 2011
TO: Crary Crutch=rcct anager Workshop Mtg.: 1/31/11
Regular Mtg.: 2,'7/I 1
FROM: Rick Terway &CS' t
SUBJECT: Parks, Recreation and Forestry Comprehensive Plan Update
1. REFERENCE(S):
1 . Proposed Parks, Recreation and Forestry Plan Update (Council packets only; copy
available for public review in the Administrative & Community Services office,
the Pasco Library or on the city's webpage at http://w",vv.pasco-
wa,gQv/citvcoun.Q ly-ev )
2. Resolution
1 Memo to Planning Comi,aission
4. Minutes from Planning Commission meeting dated January 20, 2011
11. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
1/31: Discussion
2/7: MOTION: I move to approve Resolution No. approving the Parks,
Recreation and Forestry Comprehensive Plan as recommended by
the Planning Commission.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) On August 2, 2010, Council approved an agreement with Studio Cascade to update
the city's Parks and Recreation Comprehensive Plan. The plan is now complete.
B) The plan included input from a range of stakeholders, an inventory and analysis of
existing facilities and programs, and an assessment of anticipated community needs.
It provides suggested guidelines for levels of service and suggests several new parks
and recreation facilities in the future.
C) Plan is designed to meet the requirements of the Washington State Recreation and
Conservation Office (RCO), sponsor of a multitude of parks and recreation grant
programs.
D) On January 20, 2011, the Planning Commission held a Public Hearing and made a
recommendation for approval of the plan.
V. DISCUSSION:
A) The plan is very similar to the existing plan, however, we incorporated some
emphasis on new recreation programming, park sizing, and a need for a community
park in the Northwest section of the City.
B) The Urban Forestry Management Plan developed in 2008 was also incorporated into
the plan. This will enable staff to manage uses in regards to trees on street ROW and
public lands. This also assists our efforts to remain a Tree City USA recipient.
C) Stall recommends acceptance of the plan as recommended by the Planning
Commission.
4(f)
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PASCO, ACCEPTING AND ADOPTING
THE COMPREHENSIVE PARKS, RECREATION AND FORESTRY PLAN,
2010 UPDATE.
WHEREAS, the citizens of the City of Pasco benefit from the recreation
programs and park and recreation facilities that are provided by the City and other entities
within the community; and.
WHEREAS, the leisure and open space needs of our community can best be met
through a process that identifies needs and resources, establishes goals and policies and
prioritizes expenditures;
WHEREAS, the City has undertaken a planning process to guide its decisions
with respect to park and recreation facilities and recreation programming, and the process
has been conducted in conformance with the planning policies of the Washington State
Recreation and Conservation Office;
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL
OF THE CITY OF PASCO:
1. Accepts and adopts the City of Pasco Comprehensive Parks, Recreation and
Forestry Plan, 2010 Update;
2. Authorizes and directs the submission of said plan to the Washington State
Recreation and Conservation Office; and
3. Directs staff to guide facility maintenance and development and recreation
planning activities in conformance with the plan.
PASSED by the City Council of the City of Pasco this 7th day of February, 2011.
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark Leland B. Kerr
City Clerk City Attorney
Administrative & Community Service Department
January 20, 2011
Memorandum
To: Planning Commission Members
From; Rick Terway, Director A&CS
Subject: Parks and Recreation Comprehensive Plan
Once again, it is time to update the Park and Recreation Comprehensive Plan. The plan was last
updated in 2005. The following is a brief overview of the plan:
Purpose of plan
The purpose of the comprehensive parks and recreation plan is to help the City of Pasco invest in its
parks and recreation system wisely, providing new facilities and designing its range of programs to meet
the community's needs over time. The planning process and plan structure are also designed to meet
the requirements of Washington State's Recreation and Conservation Office, sponsor of a multitude of
parks and recreation grant programs. By having a plan that is no more than six years old and by
following RCO's process and content requirements, Pasco remains eligible to compete for and receive
RCO grant funds.
This current draft plan updates the one adopted in 2005. That earlier plan is arranged slightly different
than this one, primarily because it was also designed to keep the City eligible for Urban Park and
Recreation Recovery(UPARR) grants. That program has since been abandoned by the federal
government,so this current plan is designed completely around RCO guidelines.
The City of Pasco hired Studio Cascade last summer to update the plan and produce a draft by year's
end. The process since its beginning included a range of parks and recreation stakeholders, an inventory
and analysis of existing facilities and programs, an assessment of anticipated community demand and a
comprehensive update of the 2005 plan. The City also developed and administered a parks and
recreation questionnaire, seeking community comment on Pasco's parks facilities and recreation
programs.
Pasco's Parks and Recreation Advisory Council also participated in the process, meeting first in August to
review and adjust the community's parks and recreation vision and then again in December to review
the draft plan and suggest revisions prior to production of the final draft.
Survey
The questionnaire distributed as part of this process was not intended to provide a statistically valid
picture of the community's parks and recreation needs, desires and demand. Even so, it produced some
interesting results.
The City distributed the questionnaire by mail to a randomized selection of its residential utility
customers. In all,the City mailed more than 1400 questionnaires. Fifty were returned, demonstrating a
3.5% return rate.
In reviewing all responses, it is clear that the results reflect the respondent age distribution. More than
one-half of the questionnaire's returned were from individuals older than 45. Preferences for facilities
and programs tended toward the senior center, the baseball stadium and walking and trail facilities.
When the responses are disaggregated by respondent age, however, the results get more interesting.
The different age groups appear to prefer different types of facilities. But the popularity of some
facilities transcend age differences. Memorial Park, Chiawana Park and the baseball stadium were
identified by all age groups as favorite facilities, Older respondents also identified Cable Bridge Park, the
Senior Center and the MLK Center as important places.
When asked which types of facilities they would most agree to fund through additional tax, respondents
identified an aquatic center across all age groups. Younger respondents would also choose to fund
improvements to existing or the development of new sports facilities, while older respondents would
also choose to fund hiking and walking trails.
The questionnaire asked respondents to identify if they lived east or west of Highway 395. Responses
were generally similar between the two groups, but those east of 395 tended to learn about Pasco's
recreation programs through word of mouth more than did residents west of 395.
Plan update
This plan update makes some policy changes that will impact how the City goes about its parks and
recreation planning. The plan proposes changing the minimum neighborhood park size from five acres
to something that can be as small as 2.5 acres, provided it is well designed and establishes a unique
neighborhood identity while providing usable recreation space. Another policy shift indicates that the
City's recreation programs may operate at a profit, particularly if the programs are popular and offering
services at market prices. The plan's policies also are strengthened to ensure that recreation programs
are located and scheduled to meet the community's ability to access them. While the aggregate level of
programming may appear adequate to serve community need, potential participants may be excluded
because the programs are too distant or are scheduled at inappropriate times.
The updated plan provides suggested guidelines for levels of service. Where the previous plan asserted
that these level of service indicators were "standards," this plan terms them as"guidelines,"
acknowledging that measurements for particular types of facilities, at a facilities to population ratio,
may not always be appropriate. Community demand patterns change overtime. The guidelines
included in this plan draft, however, will be the subject of future study. These are now intended as
statements of scale, but they will most likely need to be adjusted as the City reviews and modifies its
park impact fee ordinance. Trends shaping the adopted levels of service when they were created in the
late 1990's have changed, and the park impact fee ordinance —and the levels of service guidelines—will
need to be revised,as well.
The plan suggests that the City prioritize several new parks and recreation facilities, consistent with the
results of the questionnaire, changes in community demographics and the need to provide another
community park. New soccer fields are essential. Population growth to the west and north make it
imperative that a new community park be constructed there, and the community desires increased river
access. At least these three facilities needs will take priority over the coming years,and the plan's
implementation chapter includes them in the proposed capital improvements list.
Facilities Inventory
The plan includes an inventory of each park facility, noting what opportunities are available at each site.
Each facility inventory also includes some suggested improvements to each location. The suggested
improvements are not prioritized and are only to be used as a guide, with the understanding that the
needs of each facility may change over time.
Urban Forestry
Incorporated in this plan is a section on the management of our urban forest. This consists of a
management plan done in 2008. The plan suggests strategies for development of a management plan,
pruning cycle, funding,etc. Since the City of Pasco has achieved the status of"Tree City USA" it is
essential to have this as part of the overall comprehensive plan, The Forestry Management Report is
included as an appendix to the plan.
What's Next
The City Council will consider the parks and recreation plan in January, taking action based on
recommendations from the Parks and Recreation Advisory Council and Planning Commission. Once the
plan is adopted, Pasco will remain eligible for grants through RCO.
Findings of Fact
1. The City of Pasco has undertaken Parks and Recreation Planning for over 30 years.
2. The Parks and Recreation Plan is used as a guide for decision related to the park and
recreation system within the City.
3. To be eligible for Washington State Recreation and Conservation Office funding the City
must update the Park and Recreation Plan at least every 6 years.
4. Plan was last updated in 2005,
5. Pasco's population has increased by more than 37 percent since the adoption of the
2005 Parks and Recreation Plan,
6. As the result of increased population there is an increased need for park and recreation
facilities within the City.
7. The proposed plan update was developed with public input from a range of parks and
recreation stakeholders within the community.
RECOMMENDATION
MOTION for Findings of Fact: I move to adopt the findings of fact as contained in the Staff
memo for the 2010 Parks and Recreation Plan, dated January 20, 2011.
MOTION for Recommendation: I move based on the findings of fact, the Planning
Commission recommend the City Council adopt the proposed 2010 Parks and Recreation
and Forestry Plan.
Planning Commission Minutes
1/20/2011
B. Comprehensive Plan Parks, Recreation and Forestry Compre-
Update hensive Plan Update IMF# INFO 10-1011
Vice Chairwoman Kempf read the master file number and asked for comments
from staff.
Rick Terway, Administrative & Community Services Director was present to
review the proposed Park Plan Update. Mr. Terway explained the Parks,
Recreation and Forestry Plan provides guidance for future park development
and reflects the wishes of residents for future park development and recreation
programming. Additionally, WA State Recreation and Conservation Office (RCO)
require communities to update to their plan every six years to be eligible for
grant funding. Mr. Terway stated the plan has not changed a great deal and
then reviewed areas that have been revised. An Urban Forestry component has
been included. The forestry component including a management plan was
developed in 2005. The plan also places additional emphasis on arts and
crafts to provide a broader spectrum of activities for residents to participate in.
Mr. Terway briefly discussed parks needs and the desire of residents for a
community park in the northwest portion of the city.
The plan was updated with the assistance of a consultant, the Parks and
Recreation Advisory Board and input from the community through 2.
community survey. The Parks and Recreation Advisory Board held several
meetings to discuss and review the updated plan.
Vice-Chairwoman Kempf opened the public hearing, after three calls and no
response the hearing was closed.
Commissioner Greenaway moved, seconded by Commissioner Anderson, to
adopt the findings of fact as contained in the staff memo for the 2010 Parks,
Recreation and Forestry Plan, dated January 20, 2011. The motion passed
unanimously.
Commissioner Gemig moved, seconded by Commissioner Lukins, based on the
findings of fact, the Planning Commission recommend the City Council adopt
the proposed 2010 Parks, Recreation and Forestry Plan. The motion passed
unanimously.
AGENDA REPORT
TO: City Council January 20, 2011
FROM: Gary Crutchfi Manager Workshop Mtg.: 1/31/11
Regular Mtg.: 2/7/11
SUBJECT: Revision of Bi,PIN Interlocal Agreement
1. REFERENCE(S):
1. Proposed Agreement
If. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
1131: Discussion
217: MOTION: I move to approve the interlocal agreement for Bi-County Police
Information Network (Bi-PIN) to include West Richland and,
further, authorize the Mayor to sign the agreement.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A) Since the early t980s, the two counties and three cities have collectively operated
a regional "Police Information Network" called `°Bi-PIN" (Bi-County Police
Information Network). Essentially, the network consists of a computerized
database to retain substantive information on all arrests and law enforcement
incidents within the boundaries of the member jurisdictions. The database even
includes address records, aliases and photos. The entire database is accessible to
all member jurisdictions; thus, what happens in Richland can be known in Pasco
and vice-versa, etc. The database has become ever-more useful in real-time law
enforcement activities with the advent of in-car computers.
B) The Bi-PIN Interlocal Agreement was last revised in 2009.
C) The city of West Richland recently determined that it is in its best interest to join
the Bi-PIN system and has agreed to pay the associated costs to do so, effective
January 2011.
V. DISCUSSION:
A) The Interlocal Agreement must be formally revised to include West Richland.
The attached agreement does so, and is recommended for City Council approval.
4(9)
INTERLOCAL COOPERATION AGREEMENT BETWEEN
THE COUNTIES OF BENTON AND FRANKLIN AND
THE CITIES OF CONNELL, KENNEWICK, PASCO,
RICHLAND AND WEST RICHLAND
(POLICE INFORMATION NETWORK)
WHEREAS, the Interlocal Cooperation Act codified in RCW 39.34 allows public
agencies to exercise their powers jointly, thereby maximizing their ability to provide services and
facilities which will best fulfill the needs of the community as a whole; and
WHEREAS, the joint exercise of a regional criminal justice record and information
system promotes the deterrence and solution of criminal incidents by providing increased access
to local incident and warrant information, reducing the need for redundant data entry, improving
the protection of criminal files against loss or destruction, and increasing; the responsiveness of
the respective law enforcement agencies through crime analysis and investigative support
functions; and
WHEREAS, the counties of Benton and Franklin, along with the cities of Kennewick,
Pasco, and Richland first entered into an Interlocal Agreement in 1982 which created the Bi-
C:ounty Police 1ntbrmation Network ("BI-P1N"); and
WHEREAS, the original BI-PIN Interlocal was amended in 1988, 1992, 1995, and 2003;
and
WHEREAS, the original 111-PIN Interlocal was restated in 2009; and
WHEREAS, the Counties of Benton and Franklin and the Cities of Connell, Kennewick,
Pasco, Richland and West Richland, through their respective lawn enforcement departments,
desire to jointly utilize an expanded law enforcement records management system to be operated
by the Kennewick Information Systems Division; and
BI-PIN Interlocal Agf-eement 121712010
Page I
WHEREAS, the original members therefore are agreeable to the addition of the city of
West Richland to the BI-PIN Interlocal; and
WHEREAS, therefore the parties wish to rescind the existing BI-PIN Interlocal and
enter into this amended and restated agreement to clearly set forth existing and future obligations
and objectives of the parties hereto, and to account for possible new members and the obligations
that would apply to new members;
NOW THEREFORE BE IT AGREED, in accordance with the provisions of RCW
39.34.030:
Section 1 — Formation and Purpose of BI-PIN. The Counties of Benton and Franklin and the
Cities of Connell, Kennewick, Pasco, 'Richland and West Richland hereby establish the Bi-
County Police Information Network ("BI-FIN"). In order to assist the participating police and
sheriff's departments in the deterrence and solution of criminal incidents, and in recognition of
the high cost of technology and operation of information systems, the participating members are
entering into a joint undertaking for the following purposes:
• Increase access to local incident and want/warrant information.
• Enhance the sharing of information among the criminal justice agencies.
• Improve availability of operational and management information.
• Provide for increased responsiveness to crime analysis and investigative support
functions.
• Reduce the need for redundant data entry and duplicate data files.
• Provide for improved protection against loss or destruction of criminal information files.
Section 2 — Organization of BI-PIN. In order to provide for the on-going administration of
BI-YIN, the following organizational structure is adopted for the organization:
2.1 Executive Committee. The Executive Committee is composed of the City Managers or a
member from the Boards of County Commissioners, as appropriate, from each of the member
agencies or their designee, and each shall be a voting member. A liaison from the BI-County
Police Chiefs and Sheriff's and from each dispatch agency (Benton County Emergency Services
and Franklin County Dispatch) shall be ex officio, non-voting members.
A chairman shall be elected by the Executive Committee and will serve a one-year term with no
limit as to the number of consecutive terms that may be served. The executive committee will
meet at least quarterly or more often as required. The committee will keep minutes of its
meetings, and copies of these minutes shall go to all members of the committee.
It is the responsibility of the Executive Committee to set policies regarding all aspects of BI-PIN
activities, approve contracts which shall be signed by the chairman, approve the proposed annual
BI-PIA Interlocal,4greemew 121712010
Page 2
budget and work program, set the cost recovery for new BI-PIN members, and make final
decisions on adoption of software applications and minimum hardware requirements for systems
that are owned or operated by BI-PIN, or for systems owned by parties to this agreement that
interface with BIPIN. Approvals shall require a majority vote of the Executive Committee
members present after a quorum is called. All member agencies will cast one vote each. The
adoption of the budget and any amendment to the budget or policy issues will require approval of
at least four of the five charter agencies as described in section 5.3 below.
2.2 Technical Committee. The technical committee is composed of the Information Systems
manager (or equivalent position) of each of the BI-PIN member agencies. As the Operating
Jurisdiction, Kennewick's IS manager will chair the Technical Committee. The Technical
Committee will provide recommendations through the operating jurisdiction to the Executive
Committee on technical decisions that affect the BI-PIN system. The Technical Committee will
meet on an as-needed basis.
2.3 BI-PIN User Committee. The BI-PIN User Committee shall be comprised of representatives
of' each law enforcement agency from member jurisdictions and a representative from each
dispatch center (Benton County Emergency Services and Franklin County Dispatch). This
committee shall be responsible for recommending software development priorities, actively
participating in system selection activities to procure the most appropriate system to meet their
respective requirements, and resolving any operational problems to ensure successful joint
operation of the system. The BI-PIN analyst shall chair this committee.
Section 3 — Oyerational Responsibility. The Operating Jurisdiction will be the City of
Kennewick, and through its Inforamation Systems Division, it will be responsible for the
operation of the RI-PIN system. The manager of the Operating Jurisdiction's Information
Systems Division shall have day-to-day supervision and control over operation of the Iii-PIN
system; subject, however, to the policies set by the Executive Committee and subject to the terms
and conditions of this joint agreement.
Section 4 — Ownership of Software ]Modules. Ownership of all software licenses acquired from
Intergraph are distributed between BI-PIN, Benton County Emergency Services (BCES), and
Franklin County Dispatch based on the actual licenses purchased. Appendix B lists the original
license distribution. As new licenses are acquired, they will be distributed as detenrzined by the
BI-PIN Executive Committee.
131-PIN is responsible for maintenance and upgrades for their modules. BI-PIN is not responsible
for the maintenance and upgrade of BCES and Franklin County Dispatch owned modules. The
costs and maintenance of these licenses are addressed in Section 5 of this agreement.
Section 5 — Participation in BI-PIN. The parties agree that the city of West Richland, pursuant
to the terms of this agreement, shall become a member agency of 131-PIN. The City of West
Richland agrees to pay a membership buy-in payment of$32,937.00 to BI-PIN, In addition to
the buy-in payment. West Richland may be required to purchase any additional software licenses
required due to participation in RI-PIN. All hardware and connectivity costs associated with
BI-PIN Interlocal Agreement 12,17,12010
Page 3
participation in 131-PIN will be borne by West Richland. The Bl-P1N Executive Committee will
set minimum requirements for all B1-PIN members for hardware and connectivity based on the
recommendations of the Technical Committee, Any system that interfaces with the 131-PIN
system will require Technical Committee review and appropriate recommendation to the
Executive Committee for Final approval.
Recognizing that BI-PIN member agencies benefit from the participation of all local
jurisdictions, BI-PIN wants to promote and encourage inclusion of all agencies interested in
J oining BI-PIN. To facilitate this effort, BI-PIN has adopted the following policies regarding
J oining and membership of additional local agencies in the Bl-PIN local governmental agency:
5.1 Adding Members by Addendum. When the BI-PIN Executive Committee decides by
majority vote to grant membership to a new jurisdiction, the new member agency shall become a
member of BI-PIN upon satisfaction of the buy-in and software/infrastructure obligations, and
upon execution of an addendum to this agreement signed by the Executive Committee Chair and
the Mayor or Chairperson of the joining jurisdiction,
5.2 Membership Buy-In.
Participation in BI-P1N by new member agencies will require a majority vote by the B1-
PIN Executive Committee.
• Buy-in of membership to the BI-PIN interlocal agency will be based on a per-capita fee.
The fee will be set at $2.40 per capita beginning in 2003 and inflated using the Seattle
CPI-U factor to increase the per capita fee to reflect the time value of money for any
future buy-ins.
•
BI-PiN as a whole will maintain sufficient licenses from Intergraph Public Safety (IPS)
for the ULEAD products the agency will use. The final decision on the number of
licenses allocated will be determined by BI-PIN. The licenses allocated to each agency
will be reevaluated on a yearly basis.
• On-going maintenance fees for the IPS system will be distributed based on licenses
allocated to each agency.
• The BI-PIN Executive Committee will set minimum requirements for hardware and
connectivity based on the recommendations of the Technical Committee, Any system that
interfaces with the BI-PIN system will require Technical Committee review and
appropriate recommendation to the Executive Committee for fmal approval,
• All hardware and connectivity costs associated with participation in 131-PIN will be born
by the appropriate agency.
BI-PIN Interlocal Agreement 12171'2010
Page 4
5.3 Operations Cost Sharing Formula.
The formula for distribution of BI-PIN's on-going operations costs will be distributed in the
following method.
• After adoption of the budget, all anticipated outside revenue will be deducted from the
budget amount.
• Each member agency will be assessed a $5,000 base fee. The S5,000 agency base
contributions will be deducted from the remaining budget amount to be distributed.
• The budget will be split 40/60 between law enforcement and jail management.
0 40% of the law enforcement and jail management budgets to be distributed will
be assessed to each agency based on percentage of population.
0 60% of the law enforcement and jail management budgets to be distributed will
be assessed to each agency based on percentage of licenses.
5.4 Voting power of member agencies. All matters to be decided by the Executive Committee
shall be determined by simple majority vote of member agencies as outlined in section 2;
provided, however, any budget or policy issue shall also require approval of at least four of the
five charter agencies. The five charter agencies are Benton County, Franklin County,
Kennewick, Pasco and Richland.
Section 6 — BI-PIN Software — A Single Vendor Solution. In an effort to facilitate the
effectiveness of public safety services within the Bf-PIN member agency jurisdictions, the
charter agencies decided in 2003 to move to a single vendor solution for law enforcement
records management (RMS), jail management (JMS) and computer-aided dispatch (CAD). The
chosen vendor to provide that software solution was Intergraph Public Safety (IPS). A single
vendor solution minimizes the need for interfaces that have the potential to be difficult to
maintain and facilitates the ease of sharing information electronically between jurisdictions.
Therefore, parties agree to the following policy and guidelines:
6.1 Intergraph Public Safety Licenses.
• Licenses for UCAD, the iPS computer-aided dispatch software, are purchased on a "per-
seat" basis. Franklin County and BCES will retain ownership of licenses already
purchased and any subsequent licenses purchased for their dispatch centers. Each
dispatch center (Benton County Emergency Services and Franklin County), owns the
software and licenses associated with their respective installation.
• Licenses purchased on a concurrent basis, I/Leads Records Management System (RMS),
and Jail Management System (JMS), are the property of BI-PIN as a whole. Licenses are
assigned to agencies based on the needs analysis conducted previously by BI-PIN. See
Appendix A.
The licenses used by each agency will be evaluated on a yearly basis and each agency's
percentage of use will be adjusted accordingly. In the event additional licenses are required, they
131-PN Interlocal Agreement 1 21712010
]'age 5
will be purchased by 131-PIN and the expenditure will be included in the BI-PIN budget to be
allocated by the BI-PIN cost distribution formula. If an agency underutilizes their allocated
licenses, the additional maintenance of the unused licenses will be spread across all of the
agencies. Each agency's percentage of licenses used will be calculated based on the number of
licenses used by the agency divided by the total used (i.e. BI-PIN owns 185 but only 150 are
used. Agency A uses 42. Agency A's usage percentage would be 42/150 or 28%.) Appendix A
illustrates a hypothetical distribution of underutilized licenses.
The ULEADS base product and hardware required in the server room (i.e. servers, racks, BI-PIN
routers, etc) are the property of Bi-PIN as a whole.
6.2 Third-Party Software.
• BI-PIN member agencies adopt IPS as their software provider for RMS, JMS and CAD
functions.
Third-party software will not be used by member agencies for any function that touches
the BI-PIN system and can be provided by IPS products unless the RI-PIN Executive
Committee adopts it as a standard. The RMS and JMS functions of the system provided
by the IPS I/LEADS product includes the following modules:
6.3 Police Records Management System (RMS).
Calls for service Vehicles
Incident Accident
Case Management Tow Impound
Known Offender Field Contact
Arrests/Charges DUI
Citations Gang Tracking
Pawnshop Affidavits
Property and Evidence Concealed Weapon Licenses
Warrants Mug Shots
Alarm Permits Automated Field Reporting (AFR)
6.4 Jail Management System (JNIS).
Booking Scheduled Events
Arrest/Charges Visitation
Classification Sentencing
Mug Shot Capture Medical
Property/Personal & Jail Issue .Tail Incidents
Housing Work Release
Jail Billing In-House Commissary/Cash Accounts
BI-PIN Interlocal Agreement 121712010
Page 6
• Third-party software solutions for a function not available from IPS or that have been
recommended by a member agency will be presented to the Bl-PIN technical committee
for evaluation on an item-by-item basis. The Executive Committee will decide on
adoption of third-party software as a BI-PIN standard based on the recommendation of
the BI-PIN technical committee. The technical committee's recommendation will be
based on the benefits of the third-party software to the BI-PIN member agencies as a
whole.
• Ali costs for implementation, interfaces, and support associated with the use of third-
party software not adopted as a BI-PIN standard will be borne by the agency
implementing the third-party- software. This applies to costs and support both during
implementation and on-going. BI-PIN will not support third-party software or related
interfaces not adopted as a BI-PIN standard.
Section 7 — Withdrawal (Replacement). Any member agency may withdraw from this
agreement and membership in BI-PIN by serving a notice of withdrawal upon all members of
B1-1 IN. This notice shall be given at least one year in advance of the date of withdrawal.
Membership shall terminate on the last day of the calendar year. Upon withdrawal from
membership, the member agency shall receive no further distribution of income proceeds. All
software must be uninstalled and all licenses collectively owned under this agreement must be
returned by the withdrawing agency to the pool described in Section 5 and Section G of this
agreement. The withdrawing member shall pay its pro-rata share of any outstanding obligations
incurred up to the effective date of withdrawal_ The withdrawing member(s) shall be provided
with all outstanding obligations within 45 days of the effective date of withdrawal. Upon such
receipt, the withdrawing member(s) shall pay all outstanding obligations within 45 days of
receipt. The outstanding contribution(s) shall include all amounts due to BI-PIN and any cost
directly associated AAfiith the member's withdrawal.
Section 8—Termination of Agreement. This agreement may be terminated upon a resolution to
terminate this agreement. Such resolution shall pass upon receipt of at least two-thirds of all
votes cast by the members of the Executive Committee. Upon adoption of a resolution to
terminate this agreement, the effective date of termination shall be determined by a simple
majority of all votes cast. However, in no event shall the termination date be more than one
hundred and eighty days (180) from the date of the resolution. After the effective date of
termination, the activities of BI-PIN shall cease and no further business shall be conducted nor
any financial obligations shall be incurred. In the event of termination of this agreement, each
member agency shall be responsible for its pro-rata share of any remaining costs or penalties
under the formula outlined in section 5.3 of this agreement. In the event of termination, BI-PIN
shall immediately provide notice of termination to each known creditor and party in which B1-
PIN has a contractual relationship. All parties to this agreement shall be obligated to participate
in the winding-up of BI-PIN-related activities which shall include; collection of any outstanding
payables, the payment of any outstanding obligations, satisfaction of any and all contractual
obligations, and the distribution of assets. 1'o the extent legally permissible and upon written
request, the Operating Jurisdiction shall provide a copy of any or all data belonging to BI-PIN to
131-PIN Interlocal Agreement 121712010
Page 7
the requesting member agency on the most feasible medium in return for the actual cost of such
copy. Any remaining assets owned by BI-PN prior to termination will be distributed back to the
member agencies based on their pro-rata share in B1-PIN as outlined in section 5 of this
agreement. In the event of termination, an existing member or members may negotiate for the
acquisition of software, data, and other information specific to that member or member's
jurisdiction to the extent permitted by the terms of any applicable software licensing agreements.
Nothing shall prevent the parties from negotiating the release of software, data, or other
information that is specific to one member.
Section 9 — Security of Data. Each member agency shall safeguard, by appropriate means, the
confidentiality of the information contained in the BI-PIN system. Additionally, each member
agency shall maintain network security that meets industry standards for any network that may
interact with the Operating Jurisdiction's network.
Each member agency will protect access with specific sign-on controls and procedures as
developed by the BI-PIN Technical Advisory Committee with the approval of the Executive
Committee. The Operating Jurisdiction is responsible for maintaining the security of the BI-PIN
network based on industry standards.
Section 10 — Liability Coverage. The member agencies shall jointly secure a good and
sufficient liability insurance policy indemnifying and naming all agencies as additional insureds
and covering the agencies for any damage to hardware or software or misuse or loss of
information in the system. The Operating Jurisdiction shall assume all risk of injury or damages
to hardware or software on its premises caused by its employees or any invitee or person on the
premises with the consent of the Operating Jurisdiction and shall hold harmless, indemnify and
defend the participating BI-PIN agencies from any loss or claim for damages of any nature
whatsoever arising out of the performance of the BI-PIN interlocal agreement. The insurance
shall be paid on a pro rata basis based upon the budget allocation formula in Section 5 of this
agreement. Each agency shall waive the right of subrogation against the other party by reason of
Joss or damage incurred under the casualty losses covered by the insurance. Notwithstanding
anything to the contrary within this paragraph, the agencies' collective obligation to carry the
insurance provided for herein may be brought within the coverage of a so-called blanket policy
or policies of insurance carried and maintained by any individual agency provided that all other
agencies' interests and rights will not be reduced or diminished by reason of the use of such
blanket policy of insurance.
Section 11 —Term of Aptreement. This agreement shall become effective upon the execution of
this agreement by all the parties identified above. Once effective, this amended and restated
agreement shall run to December 31, 2011 and shall continue thereafter for successive one year
periods, unless a member in writing requests a revision of the agreement by giving notice in
writing to all other members at least 90 days before the expiration date of the agreement; such
requested revision must be approved by the Executive Committee,
131-PIN Interlocal Agreement 121712010
Page 8
Section 12 — Recordkeepin . The Operating Jurisdiction shall be responsible for maintaining
accurate records. The Operating Jurisdiction shall also maintain accurate records of expenditures
made during the year and for what purpose. On an annual basis, the Operating Jurisdiction shall
provide the member agencies with an operating and financial report.
Section 13 -- Entire Agreement. This Agreement shall govern over the terms and conditions of
any prior B1-PIN lnterlocal Agreement, as amended, between the parties and such prior
agreements are hereby made null and void.
IN WITNESS THEREOF, the parties have set their hands this day of
, 20] 1.
CITY OF CONNELL CITY OF KENNEWICK
By By
Mayor Mayor
CITY OF PASCO CITY OF RIC]ILAND
By — - — _ --- By
Mayor Mayor
CITY OF WEST RICHLAND COUNTY OF BENTON
By By
Mayor Chairman
COUNTY OF FRANKLIN
By
Chairman
BI-PIN rnterlocal Agreement 12,17/2010
Page 9
Appendix A
Initial License Distribution
(x/185)
Kennewick 50 25.39%
Pasco 42 21.32%
Richland 33 16.75%
Benton County 40 20.30%
Franklin County 20 10.15%
Connell 5 2.54%
West Richland 7 3.55%
Total 197 100.00%
License Distribution if Underutilized
(x/150)
Kennewick 42 25.93%
Pasco 33 20.37%
Richland 25 15.43%
Benton County 28 17.28%
Franklin County 22 13.58%
Connell 5 3.09%
West Richland 7 4.32%
Pool licenses 35
Total 162 + 35 100.00%
Hypothetical Illustration of Percentage of
Licenses used in the event of underutilization
BI-PIN Interlocal Agreement 121712010
Page 10
Appendix B
Original License Distribution
-9-of Lic+ewlses Owned
<�i,iir, 114patell('t•ittt,'fw [lip IN
UCAD Database Server 0l Software for Bunion Count} -
ULrxeoutule IXAD Database Server Software 1.0
I/CAo nalabi se Server M2 Software for Renton County
1 1CAD Kedundant Database Sefvcr
1/Executive 2 Saftware 1.0
I/CAD Database Server#1 Softwaro for Franklin Comity
l/Executive Existing at Franklin County System VCAD Database Server Sottwaro 1.0
11CAD Datahn,eServer 42 Software for Franklin County
VCAD Redundant Database Server
ULxecutive 2-ExislinS at Fran kl in Counly Systum Software 1.0
Interface Penducts including Implementntlon&
Travel
Ulnfarmer Interface to databases(W ACIC) 1.0 1.0
l/Informer interface to databases(ULEADS) 1.0 1.0
Mobile Datalesminals interface to
UMD'I-hoisting Franklin County Syttcm limobile 1.0
Mobile Date Terminal,interface in
11MUT-Ili,Bunion County IiMcbdv 1.0
'retephone.Device fm the Deaf nuetfaue
I/TDD-Emstlnf,at Franklin County Svsiem Module 1.0
IiPaste Alaphanumenc Paging intcrtacc Modulo 1.0 1.0
IlPage Interface to Zmron made)25 1,0
Up$I Fire Station Turnout interface Module 1,0 1.0
IIMARS-Ferver Management Keporuug•Server Mudula 1.0 1 0
IQA Question and Answer Module 1.0
11NctV,awcr(50 concurrent users) VCAD Data inquiry 255.0 25.0
IINetDispatclter(10 concurrent users) UCAD Net Dispatching 5.0 5.0
Police RMWIVIS Servers Software Cluster Solirtion
PLEADS-Server Pollee RMS-Baw M<xlulo 0.5 0 5
PLEADS•Incident Based Reporting for Stain al'
Washm(iton Police RMS Modulo 1.0
VLEADS-Mugshat Capture System-2 User License Police RYAS Modulo 2.0
III-FADS VAD Link Police KMS Link to CAD 2.0
VLEADS Interface to LiveSean Interface Module 2.0
Biapntchl[:nlltgker WnrketgtlnnsSnfrwgrc
ltDispaicher IPS CAD Suttware 13.0
1lDispatchor seats at Frankhn County IPS CAD Software 4.0
l/Calitaker seats at Franklin County IPS CAD Sofware 1.0
Snpit-Ovor Workstation Software
WMARS-Client RcportmgCltuntModulc 2.0 2.0
Mapping Tool(incl Nucleus,Admin&
MDF-Randle for Ranion Cnnnty Mapper) �,(}
Mobile Data Terminals Software
l/Mobile Concuuent Licenses MD l'Client ktudule 75.0
Police KMS Client Module for Field
VLEADS-RMS Concurrent Client Licenses for tv101 s Reporting 75,0
Police RhtSOMS Workstations Software
Ifl-rAF]ti-RMS Concmrcm Cltem Licenses for
Ueskny Pnhee RMS r!rent Module J 10.0
IILEAlSS-!ad Manageomul Systeru CuneurreM C'hent
Lieeiiies Police IMS Module 30 0
)trial 53.0 43.0 266.5 37.5
BI-PIN Interloeal Agreement 121712010
Page 11
AGENDA REPORT
FOR: City Council — JANUARY 27, 2011
TO: Gary Crutchfie , t 4anager Workshop Mtg.: 1/31/2011
Regular Mtg.: 2/7/2011
FROM: Rick Terway, Director A&CS
SUBJECT: Marketing and Sponsorship Agreement
1. REFERENCE(S).
1, Proposed agreement,
I1. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
1131: Discussion
217: MOTION: I move to approve the Marketing and Sponsorship Agreement with
Coca-Cola Bottling Co. of Yakima & Tri-Cities and, further,
authorize the City Manager to execute the agreement.
I1I. FISCAL IMPACT:
See item E below
IV, HISTORY AND FACTS BRIEF:
A) The attached agreement is for a partnership between the city and Coca-Cola bottling
company. T]-s agreement replaces one that the city had with Pepsi for the past 10
plus years.
B) At the end of the Pepsi agreement staff put out an RFP to both bottling companies.
After review of the two, Coca-Cola was selected because it was a better offer than
Pepsi. The agreement is for 15 years, which is the industry norm.
C) While there has not been any monies paid to Coca-Cola, the city has received new
score boards at the softball complex and Highland Park football fields, valued in
excess of$100,000. In addition, all new vending machines and equipment have been
provided at all locations requested at no charge to the city.
D) The bottling company will also supply sponsorship boards that can be used for fund
raising for various teams and events, again at no charge.
E) The only financial commitment by the city is if the city cancels the contract early.
We have agreed that $45,000 would be the starting point and $3,000 per contract year
reduction to cover the investment by the vendor. In essence, after 15 years there
would be no financial commitment. The expected life of the scare boards is 15 plus
years. The vendor also agrees to provide the necessary maintenance to the equipment
for the life of the agreement.
!r) The agreement has been reviewed and approved by the city attorney.
V. DISCUSSION:
A) Staff recommends approval of the agreement.
4(h)
EXCLUSIVE MARKETING AND SPONSORSHIP AGREEMENT
EFFECTIVE DATE:
PARTIES:
("Sponsor") COCA-COLA BOTTLING CO. OF
YAKIMA & TRI-CITIES,
a Washington corporation,
("city") CITY OF PASCO
ACCOMODATION PARTY:
("Facilities") PASCO SPORTING COMPLEX;
HIGHLANDS PARK GRID KIDS
FOOTBALL FIELDS;
PASCO CITY HALL;
CYBER STOP;
MEMORIAL PARK SWIMMING POOL;
KURTZMAN PARK SWIMMING POOL;
and
RICHARDSON PARK SWIMMING
POOL
BACKGROUND AND PURPOSE. The parties are entering this Agreement (the
"Agreement") in order to define their relationship. Specifically, City has expressed a
need for certain scoreboards, equipment and fundraiser opportunities from Sponsor; in
consideration for the exclusive right to sponsor City, and to exclusively sell and market
Sponsor's product throughout the following Facilities: Pasco Sporting Complex,
Highlands Park Grid Kids Football Fields, Pasco City Hall, Cyber Stop, Memorial Park
Swimming Pool, Kurtzman Park Swimming Pool, and Richardson Park Swimming Pool.
Therefore, City desires to grant Sponsor, and Sponsor desires to obtain, the exclusive
rights to (i) offer vending machine food items and all beverages for sale at the Facilities;
(ii) to market and associate Vending Machine food items and all beverages with
Facilities; and (iii) to promote Facilities by providing Facilities with promotional materials
described in Section 3.1 (Promotional Materials), pursuant to the terms of this
Agreement.
AGREEMENT. In consideration of the mutual promises contained herein, the parties
agree to the following terms and conditions regarding this Agreement:
1. TERM AND TERMINATION.
1.1 Term. The term of this Agreement is for 180 months (15 years).
The term of this Agreement will commence on March 1st, 2010 and terminate on
February 28th, 2025. Facilities agree that all equipment containing exclusive vending
machine food items and all beverages approved by the United States Department of
Agriculture, shall be made available throughout the Facilities as set forth above during
times in which the Facilities are being used and shall not be restricted by timers or key
switches, unless otherwise agreed to herein or in writing.
1.2 Termination.
1.2.1 By City. This Agreement may be terminated upon the
election of City by providing to Sponsor a written notice of intent to terminate the
Agreement on the grounds that (a) Sponsor has failed to perform its service obligations
under Section 8 hereof, after being notified, in writing, by City to perform such
obligations within a thirty (30) day time frame, or (b) Sponsor supplied product which
was determined to be defective and subsequently recalled, and for which the continued
association by City with Sponsor was determined to cause future injury to City,
1.2.2 By Sponsor. This Agreement may be terminated upon the
election of Sponsor by providing City a written notice of intent to terminate the
Agreement before the expiration date on the grounds that volume of sales of food items
and beverages at Facilities (a) is five percent (5%), or more, less than those
experienced by other Eastern Washington facilities of similar nature, provided that such
notice is delivered to City no later than (90) days prior to the expiration date, as set forth
in Section 1 .1 above.
1.2.3 Dispute. If upon the receipt of any notice under Sections
1.2.1 or 1 .2.2 above, the non-terminating party disputes the grounds for a party's early
termination, such dispute shall be resolved by arbitration under Section 10.4 hereof.
1.2.4 Cancellation. If at the conclusion of any twelve (12) month
period during the term of the Agreement City wishes to cancel this Agreement, it may do
so upon Thirty (30) day's written notice to Sponsor provided that City pays a fee for
liquidated damages that Sponsor is entitled to due to the cost of the equipment, loss of
revenue, and installation expenses incurred by Sponsor. The fee will be $45,000 after
the first 12 months (1 year) and decreases by $3,000 for each successive full year of
this Agreement (the fee for partial years will be prorated by months remaining in year).
The funds will be paid directly to the Sponsor.
1.2.5 Competitor Notification. If at the end of the term of this
Agreement City wishes to use a competing soft drink distributor ("Competitor"), City
shall immediately notify Sponsor and provide Sponsor with the terms of the offer made
by Competitor, as an accommodation, in order to allow Sponsor to equal the offer made
by the Competitor. Sponsor is not bound to match a competitor's offer and City shall
not be bound to accept Sponsor's matching offer if it chooses to make one, however, as
a courtesy, City shall provide Sponsor with the terms of a competitor's offer. Both City
and Sponsor agree to act in good faith in providing information to one another and
allowing Sponsor the opportunity to provide equal incentives to City.
2. DEFINITIONS.
2.1 Beverages means all non-alcoholic beverages of any kind sold at
Facilities and all beverages based from which these can be prepared. Beverages does
not include dairy and dairy-like products, unbranded coffee and tea.
2.2 City means as the context so requires, the corporate body
constituting Pasco Recreational Services Division, a division of the City of Pasco, with
the principal's office located at 525 North Third, Pasco, Washington, 99301 .
2.3 Facilities means as the context so requires, the corporate body
constituting Pasco Sporting Complex, Highlands Park Grid Kids Football Fields, Pasco
City Hall, Cyber Stop, Memorial Park Swimming Pool, Kurtzman Park Swimming Pool,
and Richardson Park Swimming Pool, divisions of the Pasco Recreational Services
Division, located at City of Pasco, 525 North Third, Pasco, Washington, 99301,
2.4 Equipment means all equipment provided by Sponsor to City, for
use at Facilities, or as more particularly described herein below in Section 3.4.
2.5 Concession Sales means all beverages sold (including fountain
bottled water and other bottled beverages) at any concession stand within the Facilities,
and any beverages sales occurring as the result of beverages being sold ("hawked") in
stadium seating.
2.6 Vending Sales means any beverages or food items sold from
Sponsor's vending machines located at the Facilities.
3. CONSIDERATION.
3.1 Promotional Materials. In consideration of the rights granted
Sponsor herein, Sponsor agrees to provide City the materials for Facilities, in quantities
as needed by Facilities, to promote the consumption of beverages offered by Sponsor
as listed in Exhibit A attached,
3.2 Product List. Sponsor will provide products as listed on Exhibit B
attached hereto, with the understanding that said products over the term of this
Agreement may change based upon the availability of the product and change in
product brands by Sponsor_
3.3 Product Pricing. The Product List as set forth in paragraph 3.2 is
priced on Exhibit C, which pricing is subject to annual adjustments to reflect cost of
goods increases.
3.4 Equipment. Sponsor will provide the following equipment as
identified below in locations where identified below as follows:
Provide, install and maintain six (6) BA-2718-11
LEDANireless scoreboards at Pasco Sporting Complex;
• Provide, install and maintain three (3) FB-4005-11 multi-
sport scoreboards at Highland Park Grid Kids Fields;
• Provide and maintain one (1) BB-2142-13 LED/Wireless
scoreboard at City Hall Gymnasium;
• Provide and maintain any cooler equipment at Pasco
Sporting Complex;
• Provide and maintain any cooler equipment in the future at
Highland Park Grid Kids Fields' concession stand;
• Provide and maintain any vending equipment;
• Provide and maintain two (2) ice machines at Pasco
Sporting Complex;
Provide and maintain one (1) ice machine in future at
Highland Park Grid Kids Fields' concession stand;
0 Provide and maintain one (1) reach-in cooler for Sponsor's
product only at Pasco Sporting Complex;
• Provide and maintain one (1) reach-in cooler for Sponsor's
product only at Highland Park Grid Kids Fields' concession
stand once completed;
• Provide fundraiser opportunities for Grid Kids Football
program and other City Recreational programs (500 case
minimum);
• Provide field sponsors on the scoreboards, with Sponsor
having one prominent display on each)
3.5 Ownership. Sponsor shall remain the owner of all equipment
provided by Sponsor to City for the term of this Agreement. In the event of early
termination by either party, City and Facilities will return all equipment to Sponsor.
Upon fulfillment of this Agreement, Sponsor agrees to transfer ownership of all
Promotional Materials listed in Section 3.1 above to City, at no cost to City. It is further
agreed that all equipment provided by Sponsor shall have Sponsor's logo attached
thereto. Said logo shall remain in place throughout the duration of the Agreement. If
any logo is removed from any equipment by City or Facilities, directly or indirectly, such
action shall be deemed a violation of this Agreement and shall be cause for termination,
including, but not limited to, removal of the equipment and payment of the liquidated
damages provision.
3.6 Replacement. In the event replacement equipment is required,
Sponsor (Coca-Cola) will be responsible for beverage serving equipment (ie; Fountain
units, Coolers or vending machines) and the City would be responsible for replacement
or updated scoreboards. Subject to provisions of 7.3.
4. FULL SERVICE VENDING. Sponsor shall service and maintain all
vending machines placed at the Facilities. The driver will fill the machines on a regular
basis and collect the money from the machines. Sponsor will issue a commission check
to City with a statement indicating how many units sold. Said commission check will be
sent to City on a quarterly basis. At the request of City, Sponsor shall provide a
detailed, itemized record of totals sold through each machine annually. Further, each
machine shall have a key switch in place allowing the machines to be shut off during
sporting events, therefore the machines shall not compete with the concessions (this is
at the choice of City). At all times, the vending machines will remain the property of
Sponsor.
S. COMMISSION STRUCTURE-VENDING. Sponsor shall pay to City, a
thirty-five percent (35%) commission (net of tax) on all vending machine sales. Said
commission shall be computed on a monthly basis and paid within ten (10) days of said
computation.
G. CONCESSION PRICING. The following pricing is provided to City as an
initial pricing. Due to possible increases in syrup concentrate, Sponsor reserves the
right to increase pricing on an annual basis. The increase, however, shall not exceed
four percent (4%) per year, or the producers' price index, whichever is greater. Said
pricing is attached on Exhibit C.
7. MARKETING RIGHTS.
7.1 Sales. Sponsor will be the exclusive provider of all products in its
beverage and vending machines to Facilities, including, but not limited to, Facilities'
physical property, Facilities' sports complexes, and fields, and any fundraisers and/or
functions held by Facilities of Facilities that include such product.
7.2 Promotion. City grants to Sponsor, the following promotional
rights which are exclusive to beverages and vending, to market and promote beverages
and vending in connection with Facilities, Facilities' sports complexes, fields, including
the right to recognition of its sponsorship on panels of equipment provided by
Sponsor or changing existing panels on all score boards and reader boards located at
the Facilities.
7.3 Installation and ElectricitX. Sponsor is to provide installation of
electronic equipment purchased by Sponsor. City is to provide electricity. Sponsor is
responsible for cleaning equipment and the replacing of any lamps. Any other
maintenance costs are the responsibility of Sponsor.
7.4 Signs and Scoreboards. Sponsor's signage/scoreboards are not
to be altered or obscured in any way or draped at any time or for any reason by any
person or entity without the express written consent of Sponsor.
7.5 liluminatio_n of. Signs. City will take reasonable measures to
ensure that all lighted signs and panels advertising or promoting Sponsor and its
beverages will be fully illuminated at all events in the Facilities at which any signs are
located,
7.6 Access. Sponsor will have the right to access signage and
vending equipment at all reasonable times for the purpose of replacement or removal of
the same, or to modify, change, or alter the promotional messages appearing thereon at
the Sponsor's cost and discretion.
7.7 Bevera es. Sponsor will have the right to market and promote
Sponsor's beverages in connection with Facilities. City will work with Sponsor to assist
in promotions conducted by Sponsor with its customers.
7.8 Sponsor Trademarks. City agrees that Sponsor has the right to
prominently display Sponsor's beverage's trademarks on each menu board and
beverage and/or food vending machine at Facilities.
8. EQUIPMENT AND SERVICE
8.1 Dispgnsinn and Display. During the Agreement's term, Sponsor
will loan to City all soft drink dispensing equipment (i.e., fountain equipment and
beverage and food vending machines) and refrigeration display cases ("equipment")
which are reasonably required in Sponsor's discretion to dispense and/or sell beverages
and other vending products.
8.2 Proof of Ownership. City agrees it (i) wlll execute documents
evidencing Sponsor's ownership of the equipment; (ii) the equipment may not be
removed from City property without the Sponsor's written consent; (iii) City will not
encumber the equipment in any manner or permit an attachment thereto except as
authorized by Sponsor or incident to court order; and (iv) City will be responsible to
Sponsor for any loss or damage to the equipment except when loss or damage is
caused by the Sponsor's agents' negligent acts or omissions.
8.3 Upgrade and Maintenance. Sponsor will, at no cost to City,
upgrade, maintain and service all equipment on a loan-basis during the term and under
the terms of its service program, which will consist of guaranteed responses to service
on out-of-product calls within 24 hours, seven days a week. Mechanic dispatching will
be provided by Sponsor Monday through Friday, 8:00 a.m. to 5:00 p.m., and through a
24-hour answering service otherwise. Sponsor will, at no cost to City, provide annual
maintenance inspection of Sponsor's fountain equipment as recommended by the
manufacturer, and as required to meet all county and state public health codes,
Sponsor will not be obligated to provide service hereunder during periods in which it is
prevented from doing so due to strikes, civil disturbances, unavailability of parts or other
causes beyond the control of Sponsor. Sponsor will not be liable to City for City's lost
revenues, consequential damages or incidental damages arising out of delay in
rendering service.
8.4 Licenses and Permits. Sponsor will, at its sole cost and expense,
arrange, acquire and maintain all licenses and permits which may be required for the
performance of its vending machine obligations and for the installation of any
Equipment under this Agreement.
8.5 Inventory. Sponsor agrees to monitor inventory in the beverage
and food vending machines and to stock the same regularly consistent with
establishment demand especially during peak use times of year and as required €rorn
time to time so that the beverage and food vending machines are, to the extent
reasonably possible, in adequate supply of beverages and food at all times.
8.6 Water and Electricity. City agrees to supply the water and
electricity necessary for the operation of the equipment; however City does not
guarantee the uninterrupted supply of water or electricity due to these utility services not
always being available year round. City will not be responsible for any loss or damage
to the fountain equipment, the beverage and food vending machines, beverage in the
beverage vending machines, food in the food vending machines, or otherwise which
may result from any interruptions or failures in such utility services.
8.7 Account Representative. Sponsor will provide at least one
account representative to ensure an established and consistent working relationship
between City and Sponsor.
8.8 Cleanin.9 and Pest Qontrol. Sponsor will disconnect and move its
beverage and food vending machines and any other equipment Sponsor reasonably
believes is necessary for cleaning and pest control purposes at least twice each
Agreement year and at times reasonably convenient to City and Facilities.
8.9 Sponsor's Employees. Sponsor's service employees will wear
uniforms or badges which identify the employees by name when servicing equipment.
8.10 Protection of EguipjMent. Sponsor shall be permitted to take
whatever steps Sponsor deems reasonably necessary to protect the equipment from
damage. City and Facilities will provide Sponsor with access to all areas of Facilities'
premises to which Sponsor needs access for concessions and vending product
deliveries. Sponsor will notify City about any full-time changes in Sponsor's route
drivers servicing Facilities' premises. Sponsor will also notify City of any changes in
delivery schedules.
9. LIQUDATED DAMAGES. In the event City terminates this Agreement
without cause prior to expiration of the Agreement term as set forth in Section 1 of this
Agreement, City and Sponsor agree Sponsor's damage for said early termination shall
be as set forth in Section 1.2.4.
10. MISCELLANEOUS.
10.1 City Indemnification Obligations. City agrees to defend,
indemnify and hold Sponsor harmless from and against all claims, suits, liabilities, costs
and expenses incurred by Sponsor, including reasonable attorney's fees, whether they
are brought by third persons or employees of either of the parties hereto, or any loss of,
or damage to, property caused by the sole negligence of City or Facilities. In no event
shall the City be responsible for, or be required to defend, indemnify and hold harmless
against, any actions of or damage caused by invitees or other third parties.
10.2 Sponsor Indemnification Obligations. Sponsor agrees to
defend, indemnify and hold City harmless from and against all claims, suits, liabilities,
costs and expenses incurred by City, including reasonable attorney's fees, related to (i)
injury to, including death of person, regardless of whether they are third persons or
employees of either of the parties hereto, or (ii) any loss of or damage to property
caused by the sole negligence of the Sponsor.
10.3 Indemnification Procedures. Whenever any party entitled to
indemnification (The "Indemnitee") pursuant to the previous paragraphs receives notice
of any claim, which may be subject to indemnity, they shall immediately notify the
indemnifying party ("Indemnitor"). The Indemnitor shall have the obligation to assume
the defense of such claim, by counsel designated by it and reasonably acceptable to the
Indemnitee, provided that the Indemnitor shall not settle or compromise any such claim,
or consent to the entry of any judgment, without the written consent of the Indemnitee,
which consent shall not be unreasonably withheld. If the Indemnitor fails to assume the
defense of such claim within the earlier of thirty (30) days from the receipt of any
complaint or five (5) days prior to the date of any answer to any complaint or similar
initiation of legal proceeding shall be due, the Indemnitee shall have the right to
undertake, at lndemnitee's expense, the compromise or settlement of any such claim on
behalf of and the risk and expense of the indemnitor.
90.4 Arbitration. In the event of such a dispute hereunder, the parties
agree to arbitrate such dispute according to the Mandatory Arbitration Rules, RCW
7.04, as in customary use in Franklin County, Washington, provided, however, that
notwithstanding such rules there shall be one arbitrator and the fees and expenses of
such arbitrator shall be equally shared by the parties, and no award of attorney's fees
shall be made by the arbitrator notwithstanding which party may be the prevailing party
in such dispute.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be
executed.
PASCO CITY MANAGER
By: Date:
Title:
COCA-COLA BOTTLING CO. OF YAKIMA & TRI-CITIES
By: Date:
Mat Sanders, Branch Manager
By: Date;
Mike Bird, Vending Manager
AGENDA REPORT
FOR: City Council �; January 10, 2011
TO: Gary Crutch Manager Workshop Mtg.: 1/31/11
Regular Mtg.: 2/7/11
FROM: Stan Strebel, D6puty City Manac. .
SUBJECT: Award of Public Works Contracts
I. REFERENCE(S):
1. Proposed Ordinance
2. PMC Chapter 14.11
II. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS:
1/31: Discussion
2/7: MOTION,- 1 move to adopt Ordinance No. , amending Chapter 14.11
"Small Works Roster" of the Pasco Municipal Code and, further,
authorize publication by summary only.
Ill. FISCAL IMPACT:
N/A
1V. HISTORY AND FACTS BRIEF:
A) PMC Chapter 14.11 outlines the procedures the City will use for selecting
contractors and awarding contracts under the small works roster prograrn which
typically applies to projects estimated to cost less than $'300,000. Most of the
rules come directly from state statute: RCW 35.22 and RCW 39.04. Section
14.11010(I) Award; currently provides that "all quotationsibids and
recommendations for award" shall be presented to the City Council (underlining
added). Given the number of public works contracts that qualify under small
works, staff suggests that it is impractical and inefficient for staff to prepare an
agenda report for each one and consume Council meeting time for the lower end
of the project cost range.
V. DISCUSSION:
A) It is suggested that a simple threshold of $50,000 be adopted, above which
Council must approve the award. This compares favorably with similar
thresholds in Richland [$65,000 — RMC 3.04.110(E)] and Kennewick [$35,000 —
KMC 17.04.09{1(2)].
B) It is also suggested that language in the code be inserted to authorize the City
Manager or designee to award contracts under the Limited Public works process
(up to $35,000).
C) The attached, proposed Ordinance sets forth the proposed changes in Chapter
14.11 to establish the suggested threshold.
4�i�
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, amending Chapter
14.11 of the Pasco Municipal Code entitled "Small Works Roster."
WHEREAS, the City Council has determined that certain amendments to Chapter 14.11
"Small Works Roster" of the Pasco Municipal Code are necessary; NOW,THEREFORE,
THE CITY COL1NCIL OF THE CITY OF PASCO,WASHINGTON, DO ORDAIN AS
1~OLLOWS:
Section 1. That Section 14.11.010(G) entitled "Limited Public Works Process" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
G) Limited Public Works Process. If work, construction, alteration, or improvement
projects are estimated to cost less than thirty-five thousand dollars ($35,000.00), the City Manager or
his desi ee may award such a contract using the limited public works process provided under RCW
30.04.155. For limited public works projects, the City will solicit electronic or written quotations
from a minitmi n of three (3) contractors from the appropriate Small Works Roster and shall award
the contract to the lowest responsible bidder as defined under RCW 39.04.350. After an award is
made, the quotations shall be open to public inspection and available by electronic request.
Section 2. That Section 14.11.010(I) entitled "Award" of the Pasco Municipal Code shall be
and hereby is amended and shall read as follows:
I) Award. The City Manager, or his designee, shall be authorized to award public works
contracts to the lowest responsible bidder for projects under fifty thousand dollars (S5 904)-. For
moiects in excess of fifty thousand dollars ($50,000), the Manager shall present all telephone
quotations/bids and recommendation for award of the contract to the lowest responsible and qualified
bidder to the City Council for approval and award. However, for public works projects under one
hundred thousand dollars ($100,000.00), the City Manager shall have the authority to award public
works contracts without City Council's approval, provided that the City Council shall ratify the City
Managve_Cs_ approval at the next scheduled City Council meeting. For
(K1,t. 1A k. J'h4 1:"}l'i0 i t-z,','4-4 ti4�'
I?o e lutieff,
Section 3. This Ordinance shall take full force and effect five (5) days 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 _ day of , 2011.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Debra Clark, City Clerk Leland B. Kerr,City Attorney
CHAPTER 14.11 SMALL WORKS ROSTER
14.11.010 SMALL WORKS ROSTER PROCEDURES. The following Small Works
Roster procedures are established for use by the City pursuant to RCW 35.22.620 and RCW
39.04.
A) Cost. The City need not comply with formal sealed bidding procedures for the
construction, building, renovation, remodeling, alteration, repair, or improvement of real
property where the estimated cost does not exceed Three Hundred Thousand Dollars
(5300,000.00), which includes the costs of labor, material, equipment and sales and/or use taxes
as applicable. Instead, the City may use the Small Works Roster procedures for public works
projects as set forth herein. The breaking of any project into units or accomplishing any projects
by phases is prohibited if it is done for the purpose of avoiding the maximum dollar amount of a
contract that may be let using the Small Works Roster process.
B) ?dumber of Rosters. The City may create a single general Small Works Roster, or may
create a Small Works Roster for different specialties or categories of anticipated work. Said
Small Works Rosters may make distinctions between contractors based upon different
geographic areas served by the contractor.
C) Contractors on Small Works Roster(s). The Small Works Roster(s) shall consist of all
responsible contractors who have requested to be on the roster(s), qualified under the
requirements of PMC 14.10, and where required by law are properly licensed or registered to
perform such work in this State. Contractors desiring to be placed on a roster or rosters must
keep current records of any applicable license, certifications, registrations, bonding, insurance, or
other appropriate matters on file with the City as a condition of being placed on a roster or
rosters.
D) Publication. At least once a year, the City shall publish in a newspaper of general
circulation within the jurisdiction a notice of the existence of the roster or rosters and solicit the
names of contractors for such roster or rosters. Responsible and qualified contractors shall be
added to an appropriate roster or rosters at any time that they submit a written request and
necessary records, The City may require master contracts to be signed that become effective
when a specific award is made using a Small Works Roster,
E) Electronic Rosters. In addition to paper and/or electronic rosters kept on file in the
appropriate department, the City may also use state-wide electronic data base developed and
maintained for this purpose.
F) Telephone or Written Quotations. The City shall obtain telephone, written or
electronic quotations for public works contracts from contractors on the appropriate Sinall.Works
Roster to assure that a competitive price is established and to award contracts to the lowest
responsible and qualifying bidder as defined in RCW 39.04.350, as follows:
1) A contract awarded from a Small Works Roster need not be advertised.
Invitations for quotations shall include an estimate of the scope and nature of the
work to be performed as well as materials and equipment to be furnished.
However, detailed plans and specifications need not be included in the invitation.
This subsection does not eliminate other requirements for architectural or
engineering approvals as to quality and compliance with building codes.
2) Quotations may be invited from all appropriate contractors on the appropriate
Small Works Roster. As an alternative, quotations may be invited from at least (5)
contractors on the appropriate Small Works Roster who have indicated the
capability of perfonning the kind of work being contracted, in a manner that will
equitably distribute the opportunity among the contractors on the appropriate
roster. If the estimated cost of the work is from one hundred and fifty thousand
dollars ($150,000.00) to three hundred thousand dollars ($300,000.00), the City
may choose to solicit bids from less than all the appropriate contractors on the
appropriate Small Works Roster, but roust also notify the remaining contractors
on the appropriate Small Works Roster that quotations on the work are being
sought. The City has the sole option of determining whether this notice to the
remaining contractors is made by:
a) Publishing notice in a legal newspaper in general circulation in the area where
the work is to be done.
b) Mailing a notice to these contractors; or
c) Sending a notice to these contractors by facsimile or other electronic means.
3) For the purpose of this Chapter, "equitably distribute" means that the City may
not favor certain contractors on the appropriate Small Works Roster over other
contractors on the appropriate Small Works Roster who perform similar services.
At the time bids are solicited, the City representative shall not inform a contractor
of the terms or amount of any other Contractor's bid for the same project.
4) A written record shall be made by the City representative of each contractor's bid
on the project and of any conditions imposed on the bid. Immediately after an
award is made, the bid quotations obtained shall be recorded, open to public
inspection, and available by telephone inquiry.
G) Limited Public Works Process. If work, construction, alteration, or improvement
projects are estimated to cost less than thirty-five thousand dollars ($35,000.00), the City
Manager or his designee may award such a contract using the limited public works process
provided under RCW 39.04.155. For limited public works projects, the City will solicit
electronic or written quotations from a minimum of three (3) contractors from the appropriate
Small Works Roster and shall award the contract to the lowest responsible bidder as defined
under RCW 39.04350. After an award is made, the quotations shall be open to public inspection
and available by electronic request.
The City may use the limited public works process to solicit and award Small Works
Roster contracts to small businesses that are registered contractors with gross revenues under one
million dollars (S 1.000,000.00) annually as reported on their Federal Tax Return, and to adopt
such additional procedures as to encourage small businesses that are registered contractors with
revenues under two hundred fifty thousand dollars ($250,000.00) annually as reported on their
Federal Tax Return to submit quotations or bids on Small Works Roster contracts.
For limited public works project, the City may waive the payment and performance bond
requirements of RCW 39.08 and the retainage requirements of RCW 60.28, thereby assuming the
liability for the contractor's nonpayment of laborers, mechanics, subcontractors, material
suppliers, suppliers, and taxes imposed under Title 82 RCW that may be due from the contractor
for the limited public works project. However, the City shall have the right of recovery against
the contractor for any payments made on the contractor's behalf
The City shall maintain a list of the contractors contacted and the contracts awarded during the
previous twenty-four (24) months under the limited public works process, including the name of
the contractor, the contractors registration number, the amount of the contract; a brief
description of the type of work performed, and the date the contract was awarded.
H) Determining Lowest Responsible Bidder. The City shall award the contract for the
public works project to the lowest responsible bidder provided that, whenever there is a reason to
believe that the lowest acceptable bid is not the best price obtainable, all bids may be rejected
and the City Council may call for new bids.
In determining the `lowest responsible bidder", in addition to qualifications as required by PMC
14.10, and in addition to price,the following elements shall be given consideration:
1) The ability, capacity, and skill of the bidder to perform the contract or provide the
service required.
2) The character, integrity, reputation, judgment, experience, and efficiency of the
bidder.
3) Whether the bidder can perform the contract within the time specified.
4) The quality of performance of previous contracts or services.
5) The previous and existing compliance by the bidder with laws relating to the
contract or services.
6) Such other information as may be secured having a bearing on the decision to
award the contract.
1) Award, The City Manager, or his designee, shall be authorized to award public works
contracts to the lowest responsible bidder for projects under fifty thousand dollars ($50,000).
For projects in excess of fifty thousand dollars(S50.000),the Mara er shall present all telephone
quotations/bids and recommendation for award of the contract to the lowest responsible and
qualified bidder to the City Council for.ariproval and award. However, for public works projects
under one hundred thousand dollars ($100,000.00), the City Manager shall have the authority to
award public works contracts without City Council's approval, provided that the City Council
shall ratify the City Manager's approval at the next scheduled City Council meeting. Fer-publtc
Yv4rk-S 11w.jC,-1s kT"e T r.—��eer"i; s`� •1,,,, ,....a ,a f1 .i r 100, 00,r�r�s, �I�., r'..,. r�ti#netl {jtl —fi' tff
11--
14.11.020 PURCHASE OF MATERIALS, SUPPLIES OR EQUIPMENT NOT
CONNECTED TO A PUBLIC WORKS PROJECT UNDER THIRTY-FIVE THOUSAND
DOLLARS ($35,000.00). The City is not required to use informal or formal sealed bidding
procedures or the procedures set forth in this Chapter to purchase materials, supplies, or
equipment for the purchase of any materials, supplies of equipment where the cost of same will
not exceed thirty-five thousand dollars ($35,000.00). The City will attempt to obtain the lowest
practical price for such goods and services. (Ord. 3930, 2009; Ord. 3844, 2007)
AGENDA REPORT
TO: City Council 1 January 27, 2011
ti
FROM: Gary Crutchfit y Manager Workshop Mtg.: 1/31/11
SUBJECT: Quasi Judicial Hearing Procedures
1. REFERENCE(S):
1. Draft Ordinance
I1. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS:
1131: Discussion
III. FISCAL IMPACT.
None
IV. HISTORY AND FACTS BRIEF:
A) The rules governing the quasi-judicial hearing process for consideration of
rezones, subdivisions, special permits, etc., largely emanate from state court cases
over the past 30 years and have generally grown more restrictive (more
".judicial"). The fundamental notion is that the hearing body (Planning
Commission or City Council) must be free of inappropriate influence in forming
its decision, just as a judge or jury would be. One fundamental rule is that the
City Council; when conducting a "closed record hearing" can consider only the
evidence contained in the "record" of the Planning Commission hearing and
recommendation.
B) Previous Council discussion has revealed some desire to be able to use the video
recordings of the Planning Commission hearing (or to attend such hearings or
watch them on cable channel 12) to augment Council's understanding of the
"record." Arguably, one may get a better "sense" of the subject matter if one
watches the hearing, rather than reading the transcript (movie vs. book).
C) In addition, it has been suggested that Planning Commissioners and City
Councilmembers be permitted to view the site of an application (rezone,
subdivision or special permit); again; it is arguable that such a visit would
improve the individual's understanding of the application. As the attorney notes,
however, such a visit could lead to inappropriate communication with a party
outside the hearing process and, therefore, constitute "ex parte" influence
(violating the quasi-judicial standard).
D) A draft ordinance has been prepared by the attorney to reflect a limited ability to:
use video recordings of the Planning Commission hearings; view the site of an
application.
V. DISCUSSION:
A) After research, the attorney finds case lave generally on both sides of the issue of
"viewing the site." There are good reasons to encourage property views to give a
better"lay of the land" in regards to the subject property and how its development
might affect the surrounding neighborhood. Yet, there are risks, as it may be
difficult to avoid communication with neighbors or other interested parties while
at the site.
4(j)
B) The matter of using the video recordings of hearings largely hinges on the source
of the video and whether it becomes part of the record. Because the city records
the hearings, it should be simple to maintain a controlled system for production
and provide them as requested (or Council may prefer that every appeal include a
video of the hearing conducted by the Planning Commission). We will need to
develop a standard method of referencing the video in the "record," so there is no
confli et/fai lure on that point.
C) Staff recommends Council discuss these policy matters, with particular input from
the city attorney. An appropriate ordinance, if any, can then be prepared for
subsequent City Council action.
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington,
Amending Section 4.02.030 "Definitions" and Section 4.02.100
"Permit Procedures" Permitting Video Record of Proceedings
WHEREAS, as a service to the public, the City has initiated the unedited video recording
and broadcast of City meetings, including meetings of the City of Pasco Planning Commission
and the City of Pasco Code Enforcement Board; and
WHEREAS, the video recordings of these proceedings are broadcasted to the public and
retained as an accurate public record of the proceedings; and
WHEREAS, the City Council, from time to time, sits in a quasi-judicial capacity of
hearing closed record appeals of hearings held .before both the City of Pasco Planning
Commission and the City of Pasco Code Enforcement Board; and
}`a
WHEREAS, the City Council recognizeskhat such technology provides an accurate and
more engaging method of preserving the record, including the ability to view and judge the
demeanor of the witnesses, thereby providing the Coundi-1,a better opportunity to accurately
perceive the proceedings; and
WHEREAS, the use of a record, supplemented by video recording of the proceedings
benefits the citizens who have matters pending in such broceedings by providing a better record,
and therefore, contributing to abetter result;'and
WHEREAS, with the introduction of the„.video record as a part of the official record of
proceedings, negates the video record. *,m constituting an ex parte communication, NOVA',
THEREFORE, `:
`Y
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 4.02.030 entitled "Definitions" of the Pasco Municipal Code,
shall be and hereby is amended and shall read as follow:
4.02.030 DEFINITIONS. Unless the context clearly requires otherwise, the
definitions in this section apply throughout this Title.
(1) "Closed record appeal" means an administrative appeal on the record following an
open record hearing on a project permit application when the appeal is on the record with no or
limited new evidence or information allowed to be submitted and only appeal argument allowed.
(2) "Director" means the Director of Community and Economic Development unless
another department or agency is in charge of the project permit in which case it refers to the chief
administrative officer of that department or agency.
Ordinance Amending
Sections 4.02.030 and 4.02.100 - 1
(3) "Open record hearing" means a hearing, conducted by a single hearing body or
officer that creates the record through testimony and submission of evidence and information.
An open record hearing may be held prior to a decision on a project permit to be known
as an "open record predecision hearing." An open record hearing may be held on an appeal, to be
known as an "open appeal hearing," if no open record predecision has been held on the project
permit.
(4) "Project permit" or "project permit application" means any land use or
environmental permit or license required from the City for.a 0oject action, including but not
limited to subdivisions, planned unit developments, conditional uses, shoreline substantial
development permits, permits or approvals required byueritical area ordinances, site-specific
rezones authorized by a comprehensive plan or subarea plan,,but excluding the adoption of
amendment of a comprehensive plan, subarea plan, or development regulations except as
otherwise specifically included in this subsection.
(5) "Public meeting" means an informal�meeting, hearing, workshop, or other public
gathering of people to obtain comments from the pubic or other agencies on a proposed project
permit prior to a decision. A public meeting may include,but is not limited to, a design review of
architectural control board meeting, a,special-review disfriet or community council meeting, or a
scoping meeting on a draft environmental impact statement,,A public meeting does not include
an open record hearing. The proceedings-at a public meeting`may be recorded and a report or
recommendation may be included in the lo1al govemment's,project permit application file.
(6) "Record" means the memorialization of testimony, evidence and other
communication submitted-or created during a Aearimz and obtained through unedited audio.
video or other lawful means�of re e a ' n. (Ord 3151 Sec. 1, 1996).
Section 2. That Section 4.02.100 entitled "Permit Procedures" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
4.02.100 PERMIT PROCEDURES.
(1) All project permits and project permit applications, except zone changes, plats,
street vacations, and other legislative decisions, shall be processed and reviewed in the following
manner, upon receipt of a completed application:
(a) For an application requiring legislative action or which is illegal, the
application shall be denied or processed in accord with subsection (2).
(b) For applications which involve more than one permit,the City will prepare
a temporary schedule for review by all interested agencies, departments, and the
applicant. The schedule will be prepared during the application completion determination
in accord with Section 4,02.060,
Ordinance Amending
Sections 4.02,030 and 4.02.100 - 2
(c) Depending upon the scope of the project, the City will schedule necessary
public meetings to coordinate the permit process and gather information following
appropriate notification as provided in 4.02.090.
(d) Unless otherwise required, no open record hearing will be held unless
there is a bona fide obiection to some portion of the permit or from some determination
made during the course of the permit processing. When required, only one open record
hearing will be held. The open record hearing will be before the officer or body having
jurisdiction over the matter in dispute or over the matter requiring the open record
bearing. If the matter disputed or for which an open record hearing is required falls within
the jurisdiction of more than one department or agenc$;/a joint hearing will be held if
practical.
(e) A decision or joint decision jf possible, s1)a.11 be issued and notice given
thereof, including the time for appeal and the person or body to whom the appeal must be
made. Unless another time is provid4azt appeal must be filed within ten days of the
decision. The longest appeal period following a joint hearing controls if there are multiple
appeal periods.
(f) The body or,bodies with appellant'jurisdiction shall hold a joint closed
record appeal. An open recorc 4ppe�al,may be held,for matters for which no open record
hearing has previously been held. The decision of th'e person or bodies hearing the appeal
may be joint or separate. Every effort sha'llAbe•made iri the event of separate decisions to
ensure that they are issued simultaneously, Any review oNhe decision or decisions must
be made to the.,superior court within :s°.1
«Y CS'' f
r� v
(g) In,the event-that no appe'll'ant body is designated for a matter, the matter
shall be heard by the Hearii7i z- :arniner.
4
(hl The_hearinja officer or bod :may view the site of the subiect matter of the
permit or appticatioM with`4rzvithout notification to the partite but shall place on the
record the time, manner and circumstances of such view, and shall not engage in any ex
parte communications v6th anv 1a6ies or potential witnesses while at the site.
(2) In the-event any hearing, quasi-iudicial hearin¢, or appeal that is conducted before
the Pasco City Council and theaouncil member is not able to attend the hearing or appeal, said
Council member may still:ote'on the matter so long as the Council member affirms on the
record that they have had adequate opportunity to review the record, including an unedited video
record of the proceeding. and having reviewed the entire record. believes he or she may vote on
the matter with the same level of confidence and understanding as if he or she had in fact been in
attendance at the quasi-iudicial hearing or appeal. Any Council member may, upon prior
request, receive and review the video record of proceedings s as a part of the record so long as the
video record or proceeding is included in the record of the quasi-iudicial hearing or appeal and
noted in the record of such hearing or ap )eal. A Council member may view the video broadcast
of the proceeding which is subject to the quasi-judicial hearing or appeal if the broadcast is
Ordinance Amending
Sections 4.02.030 and 4.02.100 - 3
viewed in its entirety, and is placed in the record that the broadcast video was unedited and
broadcast in its entirety.
(�3) If the decision on an application must be made by the Pasco City Council, the
application will normally be denied until legislative approval has been obtained. Except for
comprehensive plan amendments which may never be processed other than as part of the annual
review. an applicant may request combined processing in accord with subsection (1) of this
section.
(34) The actual costs of any hearing or appeal not otherwise required will be borne by
the person requesting the review or objecting to a decision. Security for the costs must be posted
prior to the setting or notice of bearing or appeal. The failure-to post security is a waiver of any
objection.
Section 3. This Ordinance shall take full force and effect five (5) days 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 day of a_. v� 2411.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Debbie Clark, City Clerk Leland B, Kerr, City Attorney
14
Ordinance Amending
Sections 4.02.030 and 4.02.100 - 4