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HomeMy WebLinkAbout2011.02.07 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. February 7,2011 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated January 18, 2011. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) I. To approve General Claims in the amount of S456,164.05 ($456,164.05 consisting of Claim Warrants numbered 180521, 180523, 180524 through 180551, and 180568 through 180633). 2010 Expenses 2. To approve General Claims in the amount of $1,196,254.21 ($311,526.91 in the form of Electronic Fund Transfer Nos. 4583, 4584, 4591, 4668, 4670, 4760, 4801, 4861, 4950 and 4965; and 5884,727.30 consisting of Claim Warrants numbered 180522, 180552 through 180567, and 180634 through 180829). 2011 Expenses 3. To approve Payroll Claims in the amount of $1,917,378.09, Voucher Nos. 42244 through 42310; and EFT Deposit Nos. 30042359 through 30042908. (c) Marketing and Sponsorship Agreement: 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated January 27, 2011. 2. Proposed Agreement. To approve the Marketing and Sponsorship Agreement with Coca-Cola Bottling Co. of Yakima and Tri-Cities and, further, authorize the City Manager to execute the agreement. Q*(d) Comprehensive Plan Land Use Map Mollification(Appeal)(MF#CPA 10-004): 1. Agenda Report from Jeffrey B. Adams, Associate Planner dated February 7, 2011. 2. Vicinity Map. 3. Letter of Appeal. To set 7:00 pm, March 7, 2011 as the time and date for a closed record hearing to consider the appeal of the Planning Commission's recommendation under Master File Number CPA 10-004. *(e) Dedication Deed: Deed for a portion of Sylvester Street(MF#DEED 2011-001): 1. Agenda Report from David I. McDonald, City Planner dated January 28, 2011. 2_ Vicinity Map. 3. Right-of-Way Dedication Deed from Judy Nguyen and Tran Nguyenvu. To accept the dedication deed from Judy Nguyen and Tran Nguyenvu for a portion of Sylvester Street. *(f) Final Plat(MF#FP10-017)Three Rivers Crossing Division II,Phase 4(Havden Homes): 1. Agenda Report from David I.McDonald,City Planner dated January 31, 2011. 2. Overview Map. 3. Vicinity Map. 4. Final Plat(Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at http://www.par,co-wa.�,ov/ciLN-Qouncilretnrts). To approve the final plat for Three Rivers Crossing Division II,Phase 4. (g) Revision of Bi-PIN Interlocal Agreement: 1. Agenda Report from Gary Crutchfield, City Manager dated January 20, 2011. 2. Proposed Agreement. To approve the Interlocal agreement for Bi-County Police Information Network (Bi-PN to include West Richland and, further, authorize the Mayor to sign the agreement. Regular Meeting 2 February 7,2011 (h) Resolution No. 3304, 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 Encrgy Efficient Induction Streetlights. 1. Agenda Report from Stan Strebel,Deputy City Manager dated January 20, 2011. 2. Streetlight Cost/Saving Schedule. 3. Proposed Resolution. 4. Proposed Agreement. To approve Resolution No. 3304, approving the replacement of streetlights and authorizing a streetlight replacement agreement with Franklin County Public Utility District No. 1 and, further, authorize the City Manager to sign the agreement. *(i) Resolution No. 3305, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of"C"Street. 1. Agenda Report from David 1. McDonald,City Planner dated February 2, 2011. 2. Vicinity Map. 3. Proposed Resolution. 4. Vacation Petition. To approve Resolution No. 3305, setting 7:00 pen, Monday,March 7,2011 as the time and date to conduct a public hearing to consider vacating a portion of"C" Street. (RC) MOTION: I move to approve the Consent Agcnda a<s read_ 4. PROCLAMATIONS AND ACKNOWLEDGMENTS. (a) (b) (c) 5. VISITORS-OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS. (a) Verbal Reports from Councilmembers (b) (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (a) final Assessment Roll for Local Improvement District (LID) No. 146 — Kurtzman Park Street Improvements. 1. Agenda Report from Matthew Rasmussen, Associate Engineer Ii dated February 1, 2011. 2. Final Assessment Map. 3. Final Assessment Summary. 4. Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance of the City of Pasco, Washington, relating to Local Improvement District No. 146; approving and confirming the assessments and assessment roll of Local Improvement District No. 146 for the improvement of Elm Avenue north of Alton Street and south of Lewis Street; and to Sycamore, Hugo, Waldemar and Cedar Avenues north of"A" Street and south of Butte Street, as provided by Ordinance No. 3932; levying and assessing a part of the cost and expense of the improvements against the lots, tracts, parcels of land and other property as shown on the assessment roll; and,providing for collection of assessments. M['1TION: I move to adopt Ordinance_ , relating to Lmai Tniprovarnu-nt District No. 146. approving and confirming the asS sin nts and assessinctlt roll oFl.o,cal Improvement District No. 146 FnT the improvement of Elm Avenue north of Alton Street and south of Lewis Street, and to Sycamore, Ilugo, WaIdQinar and Cedar Avenues north of`;X7 Street and siatith of Hurrte Street a.5 provided by Ordiinancc No. 3932; levvi?tg and assessing a part ejf the cost and expense of" the improvements against the lets. trucfts, parcels of 1,;�nd and other property as shown on the assessment roll; and. providing for collection of assessments; and, furt}ec r, authorize publicatloa by summary only, Regular Meeting 3 February 7, 2011 (b) Comprehensive Water System Plan. 1. Agenda Report from Doyle L. Heath, Utility Engineer dated February 2, 2011. 2. Resolution. 3. Summary of Pasco's Water System Plan. 4. System Map. CONTINUE PUBLIC BEARING Resolution No. ,a Resolution adopting the Comprehensive Water System Plan as updated. MOTION. I move to approve Resolution No. _ , adopting ih.c: Compreht'nsivc Water System Plan. R. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Ordinance No. , an Ordinance of the City of Pasco, Washington amending Chapter 14.11 of the Pasco Municipal Code entitled"Small Works Roster." 1. Agenda Report from Stan Strebel,Deputy City Manager dated January 10, 2011. 2. Proposed Ordinance. 3. PMC Chapter 14.11. MOTION. 1 mauve io ndopt Ordinance No. ; anending Chapter 14.11 "Small Works 1�osleC of the Pasco M anicipal Cede anti, funlicr, authorize publication by sumtxlary only. (b) Ordinance No. , an Ordinance amending PMC Title 12 dealing with minimum requirements for Concurrency. 1. Agenda Report from Rick White, Community & Economic Development Director dated January 26, 2011, 2. Proposed Ordinance. li►IO-PEON. 1 move to raclrapt Otdit>Eanee No. , amending PMC 12.36.040 by denoting certain "Exemptions' to Concttrreney rind a&ling a now section for "Exceptions" and. turther. .butthorize publication by summary on€y. Q*(c) Ordinance No. , an Ordinance relating to Comprehensive Land Use Planning and amending the Comprehensive Plan for the City of Pasco. 1. Agenda Report from Rick White, Community & Economic Development Director dated February 1, 2011. 2. Vicinity Map. 3. Proposed Ordinance. 4. Staff Report. 5. Planning Commission minutes dated 12/16/10 and 1/20/11. MOTION: I move to adopt Ordinance No. . amending; the C vyupuc hensiwc. Plan [.and Use 'Designation for certain properly on North 4"' Avenue franc Mixed residential to Commeruial, tali recotmm-eiWed by the Plsmnittg Commission and, fut°ther, to auth€triZe publicatiGn by suinMary only_ 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: Q*(a) Comprehensive Plan Amendment: Urban Growth Area Expansion (Road 52 and Power Line Road) (Farm 2005,LLC) (MF#CPA I0-003): 1. Agenda Report from David 1. McDonald,City Planner dated February 1, 2011. 2. Overview Map. 3. Vicinity Map. 4. Staff Memo. 5. Planning Commission minutes dated 12/16/10 and 1/20/11. MOTION: l move to ac pt the Planning Commission's recommendation to deny the request for the Urban Cirowth Area expansion under Master Fife Number CIA 104)U3. *(b) Rebid of Desert Sunset Well House, Project No. C440-03-IRR: 1. Agenda Report from Jess Greenough,Field Division Manager dated February 2, 2011. 2. Bid Summary. 3. Vicinity Map. (RC") MOTION: I move to award the love bid for Rebid of Desert Sunset Well House. Project No. C4- 10-03-TRR [ti Winlhr€•rp Construction, lnt%. in the amount of S74,100.00 pl" applicable sales tax and, ftirtha, authorize the Mayor to siUn the contract documents. Regular Meeting 4 February 7, 2011 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required Item not previously discussed MF# "Master File 9...." Q Quasi-Judicially latter REMINDERS: 1. 1:30 p.m., Monday, February 7, KGTI — Emergency Medical Services Board Meeting. (COUNCII.MEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.) 2. 10:00 a.m., Tuesday, February R, Senior Center — Senior Citizens Advisory Committee Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; BOB HOFFMANN,Alt.) 3. 7:00 a. n., Thursday, February 10, Cousin's Restaurant — BFCU Tri-Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) 4. 7:00 p.m., Thursday, February 10, Transit Facility — Ben-Franklin Transit Board MeeLng. (MAYOR MATT WATKINS,Rep.; COI:NCILMEMBER MIKF,GARRISON, Alt.) MINUTES REGULAR IVMF,ETING PASCO CITY COUNCIL JANUARY 18, 2011 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom Larsen, Saul Martinez, Matt Watkins and AI Yenney. Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard Terway, Administrative & Community Services Director; Rick White, Communitv & Economic Development Director; Ahmad Qavoumi, Public Works Director; Denis Austin, Police Chief; Doyle Heath, Utility Engineer; Matt Rasmussen, Associate Engineer; Jess Greenough, Field Division Manager; and Mitch Nickolds, Inspection Services Manager. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated December 20, 2010. (b) Bills and Communications: To approve General Claims in the amount of$1,319;462,16 ($1,319,462.16 consisting of Claim Warrants numbered 180104 through 180245, 180258 through 180260, and 180262 through 180454). 2010 Expenses To approve General Claims in the amount of$1,770,153.60 ($141,931.60 in the form of Electronic Fund Transfer Nos. 4323, 4528, 4563, 4635, 4648, and 4649; and $1,628,222.00 consisting of Claim Warrants numbered 180246 through 180257, 180261, and 180455 through 180520). 2011 Expenses To approve Payroll Claims in the amount of$3,100,263,09, Voucher Nos. 42136 through 42233; and EFT Deposit Nos. 30041533 through 30042358. To approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of$225,011,72 and, of that amount, authorize $162,627.78 be turned over for collection. (c) Service Agreement with TRIDEC. To approve the Industrial Recruitment Participant Agreement with TRIDEC and, further, authorize the Mayor to sign the agreement. (d) Resolution No. 3299, a Resolution fixing the time and date for a public hearing to consider the vacation of the north/south alley in Block 118, Pasco Land Company's Addition and Block 2, Long's First Addition. To approve; Resolution No. 3299, setting 7:00 pm, Tuesday, February 22, 2011 as the time and date to conduct a public hearing to consider vacating the north/south alley in Block 118, Pasco Land Company's Addition and Block 2 of Long's First Addition. (c) Resolution No. 3300, a Resolution fixing the time and date for a public hearing to consider the vacation of the streets and alleys in and adjacent to Block 7, 9 and 10 Washington Addition. 1 3(a).1 MINUTES REGULAR MEETING PASCO CITY COI, NCIL JANUARY 18, 2011 To approve Resolution No. 3300, setting 7:00 pm, Tuesday, February 22, 2011 as the time and date to conduct a public hearing to consider vacating streets and alleys in and adjacent to Block 7, 9 and 10 Washington Addition. (f) January Workshop Schedule: To postpone the January 24 Workshop meeting to January 31, 2011. MOTION: Ms. Francik moved to approve the Consent Agenda as read. �,Ir. Garrison seconded. Motion carried by unanimous Roll Call vote. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr, Larsen attended the Senior Citizens Advisory Committee meeting. Ms. Francik and Mr. Watkins attended the Tri-Cities Regional Facilities Board meeting and noted they are holding public meetings at 7p.m. Wednesday at TRIDFC and 7 p.m. Thursday at CBC Library. Mr. Hoffmann reported on the BFCG Tri-Mats policy Advisory Committee meeting. Mayor Watkins reported on the Ben-Franklin Transit Board meeting, PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Kurtzman Park Local Improvement District (LID) 148. Mr. Yenney recused himself from this item due to relatives living in the LID area and left the Council Chambers. MAYOR 'WATKINS CON'."INUED THE PUBLIC HEARING TO CONSIDER THE PROPOSF'D LID, Mr. Jerry Miller, 516 S. Cedar, spoke against the LID, Mr. Joc Scales, 512 S. Hugo, spoke against the LID, Mr, Edel Barajas, 303 S Hugo, spoke in favor of the LID, FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, MAYOR WATKINS DhCLARED THE PUBLIC NEARING CLOSED, Council and staff discussed the proposed LID. Ordinance No. 3988, an Ordinance of the City of Pasco, Washington, relating to City street improvements; ordering the improvement of Sycamore Avenue, Hugo Avenue, Cedar Avenue, Waldemar Avenue, Helena Street and Alton Street to city standards, to include curb, gutter, sidewalks, storm drainage system, street fighting, and roadway improvements all in accordance with Resolution No. 3289 of the City Council; establishing Local Improvement District No. 148; ordering the carrying out of the proposed improvements; providing that payment for the improvements he made by special assessments upon the property in the District, payable by the mode of"payment by bonds"; and, providing for the issuance and sale of local improvement district warrants redeemable in cash or other short-term financing and local improvement district bonds. MOTION: Ms. Francik moved to adopt Ordinance No. 3988, creating LID 148 for the improvement of Sycamore, Hugo, Waldemar and Cedar Avenues and Helena and Alton Streets excluding the area North of Alton St, and, further, to authorize publication by summary only, Mr. Garrison seconded. Motion carried 5-1. No- Larsen. 2 MINUTES Rr'.GULAR MEETING PASCO CTTY COUNCIL JANUARY 18, 2011 Mr. Yenney returned to the Council Chambers. Street Vacation (MF #VAC 10-009) a portion of Road 32 (Mike Cummings/Riviera Trailer Park). MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED VACATION. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, AND THERE BEING NONE,MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED, Council and staff discussed the proposed vacation. Ordinance No. 3989, an Ordinance vacating a portion of Road 32. MOTION: Ms. Francik moved to adopt Ordinance No. 3989; vacating a portion of Road 32 and, further, to authorize publication by summary only. Mr. Garrison seconded. Motion carried 6-1. No- Larsen. Comprehensive Water System Plan. Mr. Tom Helgeson, C142MHill, explained the details of the Comprehensive Water System Plan. MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE WATER SYSTEM PLAN. Council concurred to continue the public hearing to the next regular meeting on February 7, 2011. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No, 3990, an Ordinance of the City of Pasco, Washington, amending Sections 1.10.020 through 1.10.060 of the Pasco Municipal Code defining Voting Districts. MOTION: Ms. Francik moved to adopt Ordinance No. 3990, amending Section 1 ,10.020 through 1.10,060 of the Pasco Municipal Code defining Voting Districts as showii in Option B and, further, to authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. Resolution No. 3301, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for the location of a new middle school on Road 52. Council and staff discussed the special permit. MOTION: Ms, Francik moved to approve Resolution No. 3301, approving the Spacial Pen-nit for a middle school on Road 52 as recommended by the Planning Commission. Mr. Garrison seconded, Motion carried unanimously. Resolution No. 3302, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for a church at 3806 West Court Street. Council and staff discussed the special pen-nit. MOTION: Ms. Francik moved to approve Resolution No. 3302, approving a Special Permit for the location of a church at 3806 West Court Street, Mr. Garrison seconded. Motion carried unanimously. a MLNUTES REGULAR MELTING PASCO CITY COUNCIL. 1ANUARY 18, 201 1 Resolution No. 3303, a Resolution authorizing the City Manager to sign a transfer of property agreement with the Pasco School District for housing structures. MOTION: Ms. Francik moved to approve Resolution No. 3303, authorizing the City Manager to execute a transfer of property agreement with Pasco School District No, 1. Mr. Yenney seconded. Motion carried 5-2. No- Larsen, Hoffmann. NEW BUSINESS: Award 2010 WNN'TP Improvements— Operations Building HVAC Controls: MOTION: Ms. Francik moved to ratify the City Manager's award of the 2010 WWTP Improvements —Operations Building HVAC Control System project to Apollo Sheet Metal, Inc., in the amount of$31 ,698.00, plus applicable sales tax. Mr. Garrison seconded. Motion carried unanimously. Award 2010 WWTP Improvements— Lab HVAC System: MOTION: Ms. Francik moved to ratify the City Manager's award of the 2010 WWTP Improvements — Lab HVAC System project to Apollo Sheet :Metal, Inc., in the amount of $25,930.00, plus applicable sales tax. Mr, Garrison seconded. Motion carried unanimously. EXECUTIVE SESSION: Council adjourned to Executive Session at 8:54 p.m. for approximately 20 minutes to review the performance of the City Manager. Mayor Watkins returned to the Council Chambers at 9:14 p,m. and stated the Executive Session will continue an additional 5 minutes. Mayor Watkins called the meeting back to order at 9:19 p.m. MOTION: Mr. Garrison moved to approve a performance merit award of$10,000 to Mr, Crutchfield, Ms. Francik seconded. Motion carried 4-3. No- Larsen, Hoffmann, Yenney, ADJOURNMENT: There being no further business, the meeting was adjourned at 9:28 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Debra, L. Clark, City Clerk PASSED and APPROVED this 7th day of February, 2011 . 4 CITY OF PASCO Council Meeting of: February 7,2011 Accounts Payable Approved The City Council City of Pasco,Franklin County,Washington We,the undersigned, do hereby certify under penalty of perjury that the materials have been furnished,the services rendered or the labor performed as described herein and that the claim is a just, due and unpaid obligation against the city and that we are authorized to authenticate and certify to said claim. Gary Crutchfield, City Manager Duny61e Mason, once Services Manager We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington,do hereby certify on this 7th day of February, 2011 that the merchandise or services hereinafter specified have been received: Check Numbers: 180521, 180523, In The Amount Of: $456,164.05 180524 thru 180551 180568 thru 180633 Electronic Funds Transfer No.s: In The Amount Of. $0.00 Combined total of $456,164.05 Councilmember Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND: Legislative 848.94 Judicial 3,996.48 Executive 1,543.07 Police 15,597.62 Fire 5,312.68 Administration &Community Services 11,641.47 Community Development 2,397.73 Engineering _ 2,081.36 Non-Departmental 9,785.10 Library 0.00 TOTAL GENERAL FUND: 53,204.45 STREET 736.67 ARTERIAL STREET 132,636.16 STREET OVERLAY 0.00 C. D. BLOCK GRANT 25,015.46 KING COMMUNITY CENTER 0.00 AMBULANCE SERVICE 7,598.09 CEMETERY 15.10 ATHLETIC PROGRAMS 6,120.44 SENIOR CENTER 265.65 MULTI MODAL FACILITY 0.00 RIVERSHORE TRAIL& MARINA MAIN 0.00 LITTER CONTROL 1,129.75 REVOLVING ABATEMENT 641.30 PARKS FUND 0.00 TRAC DEVELOPMENT 0.00 STADIUMICONVENTION CENTER 0.00 SPECIAL ASSESSMNT LODGING 0.00 GENERAL CONSTRUCTION 0.00 WATERISEWER 216,723.83 EQUIPMENT RENTAL- OPERATING GOVERNMENTAL 3.279.91 EQUIPMENT RENTAL- OPERATING BUSINESS 2,605.41 EQUIPMENT RENTAL- REPLACEMENT GOVERNMENTAL 4,960.28 EQUIPMENT RENTAL-REPLACEMENT BUSINESS 0.00 TRI CITY ANIMAL CONTROL 0.00 MEDICAUDENTAL INSURANCE 0.00 CENTRAL STORES 533.49 OLD FIRE PENSION 0.00 PUBLIC FACILITIES DIST 81.15 PAYROLL CLEARING 0.00 LID CONSTRUCTION 616.91 GRAND TOTAL ALL FUNDS: $ 456,164.05 2010 EXPENSES 3(b)ml CITY OF PASCO Council Meeting of: Februai- 7, 2011 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We, the undersigned,do hereby certify under penalty of perjury that the materials have been furnished, the services rendered or the labor performed as described herein and that the claim is a just, due and unpaid obligation against the city and that we are authorized to authenticate and certify to said claim. /2 Gary Crutchfield, City Manager Dunyele Maso6, Finance Services Manager We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington,do hereby certify on this 7th day of February, 2011 that the merchandise or services hereinafter specified have been received: Check Numbers from: 180522, In The Amount Of: $884,727.30 To Check number: 180552 thru 180567 180634 thru 180829 Electronic Funds Transfer No.s: 4583.4584 4591, In The Amount Of: $311,526.91 4668, 4670, 4760, _ 4801,4861 4950 _ Combined total of $1,196254.21 and 4965 Councilmember Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND: Legislative 624.45 Judicial 12,826.98 Executive 993.92 Police 171,509.43 Fire 9,730.01 Administration&Community Services 91,379.70 Community Development 1,676.58 Engineering 2,784.88 Non-Departmental 24,700.87 Library 86,545.18 TOTAL GENERAL FUND: 402,772.00 STREET 6,957.77 ARTERIAL STREET 0.00 STREET OVERLAY 0.00 C. D. BLOCK GRANT 5,359.19 KING COMMUNITY CENTER 1,903.24 AMBULANCE SERVICE 16,991.17 CEMETERY 953.93 ATHLETIC PROGRAMS 2,028.63 SENIOR CENTER OPERATING 4,508.28 MULTI MODAL FACILITY 2,444.81 RIVERSHORE TRAIL &MARINA MAIN 72.00 LITTER CONTROL 0.00 REVOLVING ABATEMENT 590,00 PARKS FUND 0.00 TRAC DEVELOPMENT 14,912.42 STADIUMICONVENTION CENTER 8,687.84 SPECIAL ASSESSMNT LODGING 14,335.79 GENERAL CONSTRUCTION 50,369.68 WATER/SEWER 154,204.01 EQUIPMENT RENTAL-OPERATING GOVERNMENTAL 34,658.78 EQUIPMENT RENTAL—OPERATING BUSINESS 9,217.58 EQUIPMENT RENTAL- REPt.ACEMFNT GOVERNMENTAL 52,954.12 5R CENTER ASSOCIATION 498.00 TRI CITY ANIMAL CONTROL 48.845.37 MEDICALIDENTAL INSURANCE 296,495.42 CENTRAL STORES 533.49 PASCO PUBLIC FACILITIES DIST _ 24,589.75 KENNEWICK PUBLIC FACILITIES DIST 81.15 PAYROLL CLEARING 40,528.26 LID CONSTRUCTION 761.53 GRAND TOTAL ALL FUNDS: $ 1,196,254.21 2011 EXPENSES 3(b).2 CITY OF PASCO Council Meeting of: Payroll Approval February 7, 2011 The City Council City of Pasco Franklin County,Washington The follow i a summary of payroll claims against the City of Pasco for the month of January 201jwch a��e rprese herewith f or your review and approval. 9 Gary;.rutch ie Cit N4dnager Rick Terway, Administrative & Community Services Director We, the undersigned City Council members of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify that the services represented by the below expenditures have been received and that payroll voucher Nc's, 42244 through 42310 and EFT deposit No's. 30042359 through 30042908 and City contributions in the aggregate amount of$1,917,378.09 are approved for payment on this 7th day of February 2011. Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERAL FLND: Legislative $ 7,600.87 Judicial 78,205,69 Executive 65,237.63 Police 564,632.15 Fire 270,995.94 Administrative & Community Services 227,540.67 Community Development 78,082.47 Engineering 80,977.26 TOTAL GENERAL FUND 1,373,272.68 CITY STREET 41,892.15 BLOCK GRANT 12,404.53 MARTIN LUTHER KING CENTER 6,914.87 AMBULANCE SERVICE FUND 130,492.86 CEMETERY 8,474.32 ATHLETIC FUND 3,394.03 SENIOR CENTER 12,808.64 STADIUM OPERATION'S 0.00 MULTI-MODAL FACILITY 0.00 BOAT BASIN 0.00 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 0.00 WATERS EW E R 301,403.09 EQUIPMENT RENTAL-OPERATING 26,320.92 GRAND TOTAL ALL FUNDS $ 1,917,378,09 Payroll Summary Net Payroll 897,913.79 Employee Deductions 537,222.01 Gross Payroll 1,435,135.80 City of Pasco Contributions 482,242.29 Total Payroll $ 1,917,378.09 3{b}.3 AGENDA REPORT FOR; City Council -; JANUARY 27, 2011 TO: Gary Crutchtie t = ' $Manager Workshop Mtg.: 1/31.12011 Regular Mtg.: 2!7/2011 FROM: Rick Terway, DIector A&CS f SUBJECT: Marketing and Sponsorship Agreement 1. REFERENCE(S): 1. Proposed agreement. II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 1131: Discussion 2/7: 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. III. 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. This agreement replaces one that the city had with Pepsi for the past 10 plus years. 13) 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 score boards is 15 plus years. The vendor also agrees to provide the necessary maintenance to the equipment for the life of the agreement. F) The agreement has been reviewed and approved by the city attorney. V. DISCUSSION: A) Staff recommends approval of the agreement. 3(c) EXCLUSIVE MARKETING AND SPONSORSHIP AGREEMENT EFFECTIVE DATE: PARTIES: ("Sponsor"} COCA-COLA BOTTLING CO. OF YAKIMA & TRI-CITIES, a Washington corporation, (691:009) 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 C& 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 Egulpment. 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 LED/Wireless 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; • 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. 6. 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 Electricity. 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 Illumination 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 Beverages. 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 Dispensing 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 Pr99f of Ownership. City agrees it (i) will 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 Ucarade 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 from 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 Electricu . 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 Cleaning, and Pest Control. 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 Equipment. 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. LIOUDATED 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 Indemnificationn, atiion 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 Obligotions. 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 (1) 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 Indemnitof 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 Indemnitee's expense, the compromise or settlement of any such claim on behalf of and the risk and expense of the Indemnitor. 10.4 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 ( February 7, 2011 TO: Gary C.rutchtic 'i Manager Regular Mtg.: 02/07/11 Rick White, Community & Econoulac Development Director FROM: Jeffrey B, Adams, Associate Planner SUBJECT: COMPREHENSIVE PLAN LAND USE MAP MODIFICATION (APPEAL) (MF# CPA 10-004) L REFERENCE(S): 1. Vicinity Map 2. Letter of Appeal 11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 2/7: NOTION: i Move to set 7:00 p.m., March 7"', 2011 as the time and date for a closed record hearing to consider the appeal of the Planning Commission recommendation under Master Pile Number CPA 10-004. III. FISCAL IMPACT: NONE IV.. HISTORY AND FACTS BRIEF: A. On January 20, 2011 the Planning Commission held a public hearing to determine whether or not to recommend the Comprehensive Plan Land Use designation be changed Prom Low-Density Residential to Mixed Residential for a site located west of Charles Avenue, north of Clark Street, and south of Highland Park. B. Following conduct of the hearing, the Planning Commission reasoned that the site in question is an appropriate location for the proposed Plan amendment. C. Adjoining property owners have filed a written appeal of the Planning Commission recommendation. D. The appeal requires the City Council to set a time and date for a Closed Record Hearing. The earliest date available for a Closed Record Hearing (which provides the necessary notification period and allows for transcript preparation) is March 7`h, 2011. 3(d) Item: Comprehensive P Amendment Vicinity licant: B . r 1 eacon Develo w , Map File #-. CPA r 10-004 rrrE t T e eiri - . F WA UN Ice W1.10 Mrs 6k.1 no; IM INIV"Fa ,�... � n , *SN' M! 'SIN W - • r �C V ' �� s•F+ sy �-' iC�'T� Reference 2 - Letter of Appeal RECEIVED JAN 2 6 2011 January 26,2011 COMMUN'TY&ECONOMIC DEVELOPMENT Att:Pasco City Council, This appeal is to inform you of our concerns for the proposed development between N.Charles Ave,and N.Franklin Ave. We began our neighborhood through the self housing program for the fast time home buyers sponsored by La Clinica in October of 2007. A total of seven families participated to build and establish a safe neiborhood. Our hard work and dedication paid off when the completion of all seven homes where completed.Due to unfortunate budget La Clinica was no longer able to sponsor additional projects such as these. In its original plan,it was to continue building single fanuly homes in the area of the current proposed project. We as neighbors want to see more single family homes instead of apartments. It is evident that homeowners take better care and pride in their ownership than the constant tenant turn around.In addition it is also proven that property value depreciates when apartment complexes are built near homes. Our entire neighborhood also participates in the"Neighborhood watch"enforced by the Pasco police department. We continue to provide support for each other and are dedicated to establish a crime and drug free environment for our children. Upon my research of other projects such as the proposed one,we as neighbors are extremely concerned. I also interviewed residents in Toppenish who stated that crime rate increased dramatically as well as traffic after the completion of apartment complexes.They also stated that burglaries increased and a swat team was even called out during out during one incident. In addition graffiti increased,which in some locations took approximately three months for the removal.This is also true for the projects completed in Buena, Sunnyside and other communities. The proposed location would bring many concerns to our neighborhood We as neighbors are extremely concerned due to the fact that E.Clark St,N.Franklin Ave,E Alvina St and N.Charles Ave are not adequate for the"Increase"of the traffic flow, it will affect us significantly. We are tiring very hard to keep our neighborhood safe for our children.We are also concerned with the huge impact that it would have on school districts and hospitals it will"Increase"and pressure them because of the influx of people. We don't want high crime rate like in Toppenish,Sunnyside,and Yakima.We want a safe environment and we want to keep it that way. Pasco is a nice place to live in. Why build more apartments we already have the new addition of apartments just two blocks N.of the proposed property. In conclusion I am also attaching the latest vicious crime taking place at 915 N. 22°d Ave. Tepeyac Haven one of Mr.Paul Purcell's properties.We,our neighborhood are not against Mr. Purcell's idea;however the proposed location is not where this idea should be"implemented". Thank You for your time and this appeal is supported by the following community neighbors: 7 N . 25+x^A►e A 2 1. � ,c C 1►�t �° �7ta �(� _. Address mvc , ti 'it. '. .Z° Address ll,),;J d( I 3, _,. '' ►.#y O f N �-� Address 4-� — k Address G" r� Address �f �' _ p- t,; W- 9-0, 4 Address 1-5r1D •i( Z zaC 7, ,- Address �{ )\( r,{A tt Address 9.f ► vs t Aih f A an � � Address :� � � .0 C V IPS S� i a�( f 1 0 Address 3t) II Address 11510 c A �w 1�,+ 11 25 t 20 I 12. Address_ �' N =1�t'� �1�1� 13. - 1 Address d f °� Aup- o"./^;5- 14. Address 15. - _ x Address Ud b- 16. ��) Address���1 � 6«k le 17. X6 W-- Address 18. Address ° 19. Address 20• Address 21. Address, 22• Address 23. Address 24. Address 25. Address Bail set at$5 million in Pasco mom's slaying- Crime, Tri-City Herald : Mid-Columbia n... Page l of 3 GAAMING PACKAGE JU "I " ' ;; , -. : & ST S119 Current Mon Tue *1 Partly sunny Party sunny 60 60°!30' 44°132° 48°127' Complete Forecast Kennewici<,Pasco and Richland,Wash.I Sunday,January 23,2011 8;14 PM MOBILE SUBSCRIBI HtaME�NEtitfS CRWE SPORTS •,`. BUSINESS i. OPINION�A 8�,E ! LIFESTYLE ,A PHQTOSMDEO SEARCH Search o tri-eltybereld.com Web Search powered by YAHOO!SEARCH tricityherald.com/News/Mid-Columbia News i Crime A print reprint or license ©Email Story Wednesday,May,26,2010 0 Comments Bail set at $5 million in Pasco mom's slaying Kristin U.Krearner,Herald staff wri/ar PASCO A—A 5-year-old boy was rushed out f of a Pasco apartment Monday morning just minutes before his mother was stabbed in the ' chest, court documents revealed. Griselda Ocampo Meza, 21, died of her injuries but the quick actions of her boyfriend Jairo Flores-Flores may have saved her son's life. f Documents filed Tuesday in Franklin County Superior Court show Gregodo Luna Luna-- Ocampo Meza's former live-in boyfriend and the father of her son--then allegedly turned his rage on Flores-Flores in an attempt to find the boy. He was unsuccessful and left the "�' '"dy scene,documents said. h �a Luna Luna keeps hid head and eyes down through C most appearance Tuesday In Franklin County Superior Court. Luna Luna Is accused of stabbing to death his former Ilve-in The boy now is safe in protective custody ginfriend,Griselds Ocampo Meza,21,early Monday during a and is"getting counseling," said Prosecutor domestic dispute at her North 22nd Avenue apartment,He was Steve Lowe. ordered held on$5 million bad,See complete story below, Meanwhile, Luna Luna is behind bars on$5 CLICK FOR MORE PHOTOS i million bail while prosecutors decide if the deadly domestic dispute warrants pursuit of the death penalty. f The 31-year-old man, who was deported to Mexico on May 1, is in the Franklin County jail on suspicion of first-degree murder. Prosecutors have until Thursday afternoon to file charges. Luna Luna bowed his head Tuesday through his first court appearance. - Lowe told the court that the investigation over the next-couple of days will determine if he seeks an aggravated murder charge and the potential for a death sentence. http://www.tri-eityherald.com/2010/05/26/1028988/suspect-get-5-million-bail-in.htmi. 1/23/2011 Bail set at$5 million in Pasco morn's slaying- Crime I Tri-City Herald : Mid-Columbia n... Page 2 of 3 If charged, Luna Luna will return to Superior Court on June 1. Shawn Sant and Karla Kane have ®200 been appointed to represent him. Tri-Cky Herald, Lawyer Matt Rutt stood in for Sant and Kane on Tuesday and said that he thought the bail was excessive, but left it to Luna Luna's new attorneys to argue. Luna Luna has been ordered to have no contact with-his son and five witnesses, including Flores- Flores, while the case is pending. Ocampo Meza and Luna Luna were together for seven years and had one child during their relationship. Luna Luna was believed to have moved out of their North 22nd Avenue apartment in January. Ocampo Maze got a protection order against Luna Luna nearly three months ago after filing documents that said she feared for her life because he'd "tried two times before"to kill her and had twice taken their son and threatened to kill the boy. The two-year order included instructions for Luna Luna to stay away from Ocampo Meza and his son and to not commit any"acts of abuse"on them. Luna Luna sat in jail from Jan, 30 to March 16 on an arrest for alleged domestic violence and malicious harassment, both involving his ex-girlfriend and his son. He was then turned over to U.S. Immigration and Customs Enforcement and held in Tacoma's Northwest Detention Center until an immigration judge ordered his removal from the United States. Luna Luna was flown back to Mexico on May 1. It is not known when in the following 23 days he recrossed the Mexican border and returned to Pasco. According to court documents, he called a friend about a day before Ocampo Meza's death and said he was going to kill her. He called the friend again shortly after the slaying to say he had done it, documents said. Pasco police got the tail at 4:0$a.m. Monday for an assault involving a knife at 801 N.22nd Ave. Officer Brett Hansen found Ocampo Meza laying on the floor inside her home. Neither Hansen nor responding paramedics could find a pulse. She was taken to Lourdes Medical Center in Pasco,where she was pronounced dead. Investigators learned from Ocampo Meza's boyfriend that Luna Luna had entered the apartment "and threatened to kill the victim and her 5-year-old son," Flores-Flores then grabbed the boy and fled the apartment,court documents said. A neighbor,in the Tepeyac Haven apartment complex told police he had heard the two arguing and was familiar with both of them because his wife provided daycare for their son. That same ,4asoc neighbor heard the argument stop, saw Luna Luna leave the apartment and begin to fight Flores- Tern Flores as he tried to find his son, documents said. Luna Luna was tracked down 11 hours later inside a vacant east Pasco home. In a subsequent interview with police, he reportedly"indicated he had been in a fight and he accidentally killed the victim_" An autopsy Tuesday afternoon revealed that Ocampo Meza died from a single stab wound to her chest, said Franklin County Coroner Dan Blasdel. Dr. Daniel Selove, a forensic pathologist from Everett,performed the autopsy. Ocampo Meza's family is in Mexico, Blasdel said. Her body is expected to be returned there. An administrator with the state Division of Children and Family Services confirmed Tuesday that the boy is in their custody and is safe. Officals are providing services to him and will try to find the best place for him, the state official said. http://www.tri-cityherald.com/2010/05/26/1028988/suspect-get-5-million-bail-in.htmi 1/23/2011 Bail set at$5 million in Pasco mom's slaying-Crime J Tri-City Herald : Mid-Columbia n... Page 3 of 3 Ocampo Mexa is the second woman to be killed in a domestic dispute in Pasco in two weeks. Shenay Greenough of West Richland,who was eight months pregnant, was strangled to death May 8. Mid-Columbia residents in domestic violence relationships can call a 24-hour hotline at 582-9841 for information about services and the shelter. -Herald reporter Paula Horton contributed to this report Kristin M. Kraemer. 509-582-1531; kkraemer@1ricityherald.00m Similar stories: Paso murder trial delayed until January Murder trial delayed until January Defense seeks time to transcribe interview in Pasco slaying case Pasco man to face trial for murder April 6 COURT: Pasco murder trial delayed to April 6 Like Dislike Add New Comment Required:Please login below to comment. I r—Ty Pe-yourcom—me nthere._.__..__._. I I 3 ' Post Showing 0 comments Sort by Newest first ( Fzo Subscribe by email [2 Subscribe by RSS Real-time updating is enabled. (Pause) duper Chet r Cor Invest in Gold Mortaaae Rate Insurance Low Prices on Precious Records! Compare 10 Top hated Metals. Request a Calculate New Auto insurance 100% Free Investor Mortgage Payment Companies- Free Kit! Using Today's All-Time Online Quotesl GoldCoinSavings,com Low Rates. CarinsuranCeWeb.com SeetkePnanceRates Ads by Yahoo! http://www.tri-cityherald.com/2010/05/26/1028988/suspect-get-5-million-bail-in.htrnl 1/23/2011 AGENDA REPORT FOR: City Council January 28, 2011 TO: Gary Crutchfr ° Manager Regular Mtg.: 2/7/1 1 Rick White, Community & conomic Development Director, 1 FRONI: David 1. McDonald, City Planner f�1� SUBJECT: DEDICATION DEED; Deed for a portion of Sylvester Street (MF # DEED 2011-001) I. REFERENCE(S): 1. Vicinity Map 2, Right-of-Way Dedication Deed from Judy Nguyen & Tran Nguyenvu II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 217; MOTION: I move to accept the dedication deed from Judy Nguyen and Tran Nguyenvu for a portion of Sylvester Street. 111. FISCAL IMPACT None. IV. HISTORY AND FACTS BRIEF: A. The property at the southwest corner of Sylvester Street and Road 28 was developed many years ago without providing all of the right-of-way necessary for Sylvester Street, B. The property in cluestion is in the process of being sold and redeveloped. As a part of the redevelopment process the property owner is required to provide the remaining right-of-way for Sylvester Street. 3(e) Vicinity Item: Dedication Deed Map Applicant: Judy Nguyen/Tran Nguyenvu File #: DEED 2011 -001 VC Moto sff L, VE--rS---7Nn--'R- • SITE . NON r 1 • .. LRZV,11NG j ST Reference 2 - ROW Dedication Deed - Judy Nguyen & Tran Nguyenvu After Recordiaz,Return To: City of Pasco, Washington Attn: City Planner 525 North 3rd Pasco, WA 99301 DEDICATION DEED Tax Parcel No. 119410-012 THE GRANTOR(S), Judy Nguyen and Tran Nguyenvu, by donation pursuant to RCW 35A.79.010,dedicates,conveys and quit claims to the GRANTEE, THE CITY OF PASCO, a Municipal Corporation of the State of Washington, for the public use, as a public right-of-way, all interest in the land described as follows: That portion of the North one-half of the Northeast quarter of the Northeast quarter of the Southwest quarter of Section 25, Township 9 North. Range 29 East, W.M., Franklin County, �ATashington more accurately described as follows: Commencing at the Northeast comer of said portion of Section 25, also being the centerline intersection of Sylvester Street and 28'x' Avenue; thence North 89°39'50" West along the north line of said portion of Section 25, 30.00 feet to the westerly right of way of said 28°i Avenue and the true point of beginning; Thence continuing North 89°39'50" West along said north line, 38.71 feet to the east line of the existing right of way for Sylvester Street; thence South 0012010" West, along said east line, 40.00 feet; thence South 89°39'50" East, 19.61 feet; thence South 62°38'31"East, 20.51 feet to the west line of 28tr' Avenue; thence North 1'17'48" East along said west line 49.33 feet to the true point of beginning. Containing 1,525 square feet more or less. Dedication Deed- 1 Said dedicated land appears on Exhibit `A' attached hereto. DATED this 1 day of 0 / , 2011. GRANTOR(S) Owner(s) STATE OF WASHINGTON ) ss. County of Franklin ) On this day of 2011, b fore me,the undersigned, duly conunissioned and sworn,personally appear a, t✓i.--to me known to be the individual(s)described above and who executed the wiflifi and foregoing instrument as an a gent of the owner(s)of record,and acknowledged to ine that /she/they signed the same as /her/their free and voluntary act and deed,for the uses and purposes therein mentioned,and on oath stated that(6&she/theyjj are authorized to execute the said instrument. GIVP�lcnder Thal d and official seal thisar7, day of ,- , 2011. rY � 'rint Name: F OTARY PUBLIC in acid for the State of Wash' gton '�-= esiding at: mac My Commission Expires: Dedication Deed-2 m CL CL Aj 141, PION 5� > z � o m Q. y rr [ C3 o y lTJ tz INCD N Q 4R• u, � 2 o f , ¢. ~ CO CD o 0 C fD a. .. CD y . � rr C) o o a a CD EXHIBIT IA' SYLVESTER ST CENTER N89°39'50"W 25-9-29 38.71 i/ 30.00' lo T.P.O.B R/W DEDICATED EXISTING R/W I w (WIDTH VARIES) ° ' !,✓ i s89*39150"E Ss��a$7, 38, 7-✓ I W �d� Q 00 I Nguyen Dedication AGENDA REPORT FOR City Council r',-� January 31, 2010 TO: Gary Crutcht l Manager Regular Mtg.: 2/7/11 Rick White Community & 5conomic Development Directorsv�"� FROM: David 1. McDonald, City Planner SUBJECT: FINAL PLAT (MF# FP 10-017 Three Rivers Crossing Division II Phase 4 (Hayden Homes) I. REFERENCE(S): 1. Overview Map 2. Vicinity Map 3. Final Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at http:!r'www.pasco- ,va.gov/citycoLu1cilreports}. II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 217: MOTION: I move to approve the final plat for Three Rivers Crossing Division II, Phase 4. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The City Council previously approved a preliminary plat for the Three Rivers Crossing Division IT subdivision. The developer is now seeking final plat approval for Phase 4. B. The Three Rivers Crossing subdivision is a single-family residential development located east of Convention Drive and north of Sandifur Parkway. V. DISCUSSION: A. Prior to approval of a final plat, the developer is to either install all infrastructure or post a bond or other instntment that secures the financing for the infrastructure improvements. In this case, the developer has completed some of the improvements and has provided the City with a bond in an amount sufficient ($1,370,959) to cover the costs of outstanding improvements. B. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary engineering data. In addition, the plat contains the required descriptions, dedication and acknowledgment, and approval sections. 3(f) App icant: . d' Homes Overview Item: 3 Rivers Crossing Div. 11 Phase 3 Map j Fi - FP 1 17 r - p�.; +! W ��t3'!!li3iffl sifN�/JQ �iy��\s1�i�t I � •� f fr N s� .r f!!!m ter• •�'WW qLq i �i i� i� lSif.. rr �, 1• l..- ` �b ��-ice � r J�1�A �-'sJs•.i�`�� �'•� ' I7 - - �- � i�l} •r .:sic � �r •�; a �"' Y 11' to 14 �� � �... �� y �. ��`.� � ■+ ��■■■!fi�e!■` /'�ssJ °a IY r 'L a .W r a�ifiEG�1 #Rm � � 1� `.R rr �► �t1�NSw1`i sl y :s '!u r. .a■ stns .,f •tN�i�1�t -�-` •�.-.c`1.�". �'��n =��;�A�q . �� �.:rt diLd PJ r��e/.�i ,r �� �� t�ti- •v-�� if iXW `-_ff![/AAflil 'b �� wm x� At �itiAlffil� dl�- C 1 sf�! 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Iril�esl 411�rXse� 4ici�iiieitrsi iisi!' rru y� w s ulPr�� %� �a i t11:! +� +' ' i r a ♦. sJ �}d. f�Jlfi �fJlifhlf` w!R��/#!i Iii3i .i!#iYetYlSPib� {rXs.�ja is n1{r cif J-1�R 4 #P� M 11111"1 1 ;_ o �src+i�e �?Pgrilil�irkils dUlil�ce� s « �� J WIN' � e r;! ltti t iN �`1't� f� ftliifisgift.i i1M r ..M 3iiibf�GSRiffii .� - • 3tfl o o�Y dKrr��xtl� ,*r �iii�rtwsei�i�iiier '� �y �� �.�Yf�t �4�wR J. v 4 ER �► ; �_ _ :•!r �.rr 9 ? !'� �; �trL:a»?� •. ��!�Ftii:e, n���as.i�: a ��'', i V �a,�r CJ -! .� ���sy JMIJ r_ y ,ii .� �'e"' �b �*ra141f �,; :j'� dt�elFr#aitltsbl�fi'!� `•V�.�� ,•P,i� sy sax �:. .!1 .i il:X L. �. �irj .. Yt s •�• .�'r Tw t I _a, ♦`l j1lt' Jt� t11fL�d flti/ .¢,. dJii.i.tFiwi'ti. 1ra�i�.TfA�a ��,i(ti1 �•jjwiy'.7a li. �' r� .� .. �� P/ ql� ffOlX�i � "+c +' � ltlf/S7rr#� �lRd Z �o� �`ri f �U w•s+ w - • ir.ielti+tf�tN,: ::i 'o:i' , ���� a�a�We�g�L��EtJ , 4..cy.�r�>F .iiK^� �:3aaY .. +!i:i►w w � a1P ,t3f `f . wr 41�4J1 _ 1 -•'...: MINN ' Mr ,�•{'r 91 -�i. • a'i!�1A119�1 'Re�failsl -� '- G n l�n _ ��� Ewa ;:•.� -�t`�� .� •rr+�. �� e Fq Hayden 3 Rivers Crossing Item Div. 11 Phase 3 Vicinity Applicant: !. Map File 10-017 i- • RIDGE j Z'Z Lt"', oso gg% WN �R`; SIM Vill 16 f MOR -401 I It 17 Dow La TAT +l PIZ rd I y � •7��G x w��71 r _■rte, �1 �� �� �,i' 1 I '�T-'� ♦i �/ w AGENDA REPORT To: City Council Janu•� 20, 2011 r FROM: Gary Crutchfi Manager Workshop Mtg.: 1/31/1 1 Regular Mtg.: 2/7/11 SUBJECT: Revision of Bi-IN Interlocai Agreement 1. REFERENCE(S): 1. Proposed Agreement 11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1131: Discussion 2/7: 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 1980s, 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. 3(J) 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- County Police Information Network ("BI-PIN"); and WHEREAS, the original BI-PIN Interlocal was amended in 1988, 1992, 1995, and 2003; and WHEREAS, the original BI-PTN 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 law enforcement departments, desire to jointly, utilize an expanded law enforcement records management system to be operated by the Kennewick Information Systems Division; and 131-PINT Intel-local Agreement 1211712010 Page 1 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 panics 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 Pu!Mose 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-PIN"). In order to assist the participating police and sheriffs 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 eriminal.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 tiles. • 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-PIN, the fallowing 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 Sheriffs 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 ol'ihe 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-PINT Interlocal Agreement 12/7/2010 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-P1N system. The Technical Committee will meet on an as-needed basis. 2.3 131-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 — Operational Responsibiliy. The Operating Jurisdiction will be the City of Ken-newick, and through its Information Systems Division, it will be responsible for the operation of the BI-PIN system. The manager of the Operating Jurisdiction's Information Systems Division shall have day-to-day supervision and control over operation of the 131-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 determined by the BI-PIN Executive Committee. BI-PIN is responsible for maintenance and upgrades for their modules. BI-PIN is not responsible for the maintenance and upgrade of BCI S 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 terns of this agreement, shall become a member agency of BI-PIN. The City of West Richland agrees to pay a membership buy-in payment of $32,937.00 to 131-PIN. In addition to the buy-in payment, West Richland may be required to purchase any additional software licenses required due to participation in BI-P1N. All hardware and connectivity costs associated with BI-PIN Interlocal t1greement 121712010 Page 3 participation in BI-PIN will be borne by West Richland. The BI-PIN Executive Committee will set minimum requirements for all BI-PIN members 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 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 joining BI-PIN. To facilitate this effort, BI-PfN' has adopted the following policies regarding joining and membership of additional local agencies in the BI-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 Bl-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-PIN by new member agencies will require a majority vote by the BI- 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 I/LEAD products the agency will use. The final decision on the number of licenses allocated will be determined by Bl-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 Bl-PIN system will require Technical Committee review and appropriate recommendation to the Executive Committee for final approval. • All hardware and connectivity costs associated with participation in BI-PIN will be born by the appropriate agency. BI-PIN Interlocul Agreement 12,712010 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 $5,000 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, o 40% of the law enforcement and jail management budgets to be distributed will be assessed to each agency based on percentage of population. o 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 tour 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 BI-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 I/CAD, 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/beads 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 BI-PIN Interlocal Agreement 12/7/2010 Page .5 will be purchased by B1-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 421150 or 28%.) Appendix A illustrates a hypothetical distribution of underutilized licenses. The ]/LEADS base product and hardware required in the server room (i.e. sewers, racks, BI-PIN routers, etc) are the property of BI-PIN as a whole. 6.2 Third-Party Software. • B1-PIN member agencies adopt IPS as their software provider for RMS, JMS and CAD fiinctions. • 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 Bl-?fN 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 (JMS). Booking Scheduled Events Arrest/Charges Visitation Classification Sentencing Mug Shot Capture Medical Property/Personal & Jail Issue Jail Incidents Housing Work Rcicasc Jail Billing In-llouse Commissary/Cash Accounts BI-PIN Inierlocal 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 BI-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 tcchnical committee. The technical committee's recommendation will he based on the benefits of the third-party software to the BI-PIN member agencies as a whole. • All 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-PN standard. Section 7 — Withdrawal (Rculacementl. Any member agency may withdraw from this agreement and membership in BI-PIN by serving a notice of withdrawal upon all members of BI-P1N. 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 6 of this agreement, The withdrawing member shall pay its pro-rata share of any outstanding obligations incurred up to the effcctive 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 131-PIN and any cost directly associated with the member's withdrawal. Section 8—Termination of Agreement. This agreement may be terminated upon a resolution to tenninate 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 BI- 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. To 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 BI-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-PIN prior to termination will be distributed back to the member agencies based on their pro-rata share in BI-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 tears 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-P1N 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 Liabilih, 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 held 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 loss 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 Agreement. 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. BI-PIN Interlocal Agreement 121712010 Page 8 Section 12 — Reeordkeepin . 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 BI-PIN Interlocal 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 , 2011. CITY OF CONNELL CITY OF KENNEWICK By By Mayor Mayor CITY OF PASCO CITY OF RICHLAND By -- - - -- -- By Mayor Mayor CITY OF WEST RICHLAND COUNTY OF BENTON By _ By Mayor Chairman COUNTY OF FRANKLIN BY.__._ _ Chairman BI-PIN lnlerlocal Agreement 121712010 Page 9 Appendix A Initial License Distribution (x1185) 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% Vest 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 13.580,% 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-P'IN Interlocal Agreement 121712010 Page 10 Appendix B Original License Distribution I11� arttdl{'rtslt'ry lkkl f T o it ' • �� ` 1/CAD Database Server»I Sortware for Benton County Iff:xeeuttt VC:AD Detaha,e Server Software 1 0 IICAD Database Server 02 Soft nre for Benton County IICAD Redundant Database Server IlFxeeutve 2 Snllware 1.0 IICAD Database Set-er 41 Sofiwary for Franklin County IlExccutivc-Existing at Franklin Counly SnWrn VC AD Dstabasc Sarver Soilware .0 IICAD Database Server 02 Software for Franklin County IICAD Redundant Database Server UE-xeculrva 2-Existing at Franklin County System Software 1.0 Interface Products luciudInglinplemautation& Travel ilht4ormer Interface to databases(WACIC) .0 1.0 Vlnformer Interface to databuses(IiLLADS) 1.0 1.0 Mobile Data Terminals interface to JIM DT-Existing Franklin County System lNobde 1.0 Mobile Data Terminals interface to iIMDT•Im Berton Counly T/Idubde 1.0 Teluphone Davrce for this Deaf intsrface PTDD-Existing at Fralrklin County System Module 1.0 1/Pape Alaphanumeric Paving interface Module 1 0 1.0 IlPap Interface to Z.enrnn model 25 1.0 1/FST Fire Stanton Turnout Interface Module 1,0 1.0 IIMARS-Server Managcmont Reporting-Scrver Module 1.0 1.0 IIQA Question and Answer Module 1 0 I/NetViewer(50 concurrent users) IICAD Data inquiry 25.0 25.0 IlNai D.spatchsr(10 c rtatimrm nsars) IICAD Net Dispatching 5,0 5,0 Police RMS/JMS Servers Software Cluster Soluflun 1/LEADS-Scivtr Palms RMS-Base Module 0.5 0.5 IILEADS-Incident Based Reporting I'oT State of Wnsbi%ion Police RMS Module 1.0 IA,EADS-Mugshot Capture SYstein•2 User License Polia.RMS Moduli: 2.0 IILEADS CAD Link Pohcc RMS Link to CAD 2.0 1lLEADS Interface to LiveScan Interface Module 2,4 Dispatch/Citiltnker Workstations Sufl.vare 11Drspescher IPS CAD Software 1 3 0 I/Dispatcher seats at Franklin County IPS CAD Software 4,0 1/Celitsker seats at Franklin Countyy IPS CAD Sollware 1.0 Supervisor Workstation Soltivnro IIMARS-Client ReporlrogClicotModulo 2,0 2.0 Mapping Tool(incl Nucleus,Admm& MGC-Bundle for Benton County wrapper) 1,0 Mobile Datu Terminals Sortwarc l/Mnbile Conmirrent Licenses MDT Client Module 75.0 Police INS Client Module for Field 1/LEADS-RMS Concurrent Client Licenses for MDTS Reporting 75.0 Police kMq/JMS Workstations Software IlLEADS.RMS Coneurrenl Cllcnt Licenses for Desktop Pohut RMS Client Nodule IILEADS•Jail Mnnagemew S,y0i,ra Concuneni Chenl Licenses Police IMS Module 30,0 Total s3,0 43.0 266.5 37.5 BI-PIN Interincal Agreement 121712010 Page I I AGENDA REPORT FOR: City Council January 20, 2011 TO: Gary Crutchfie Manager Workshop Mtg.: 1/31/11 J V Regular Mtg.: 2/7/1 l FROM: Stan Strebel, *uty City Manage SUBJECT: Energy Efficient Streetlight Replacement 1. 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. I and, further, authorizing the City Manager to sign the agreement. Ill. FISCAL IMPACT: EECBG - $483,000 1V. 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 lights 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 streetlight 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 streetlight 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, 3(h) 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 oxtra 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 EECBG funding. Streetlight Cost and potential Energy and Relamping Savings with Induction Lights Reduced Projected Projected Current Billed Less HIPS Re- Monthly I Reduced Re-lamp New Annual Inventory Monthly Monthly Cost lamp Cost Energy Energy Cost/Light Monthly New Monthly Savings by Fixture Qty Retrofit Qty Cost/Light to City (PUD calc) Cost/Light Cost/Light (PUD) Cost/Light Cost to City Lamp Size HPS 1001 555 555 $3.80L $2,109.001 $0.50 $3.30 1 $2.01 $0.21 $2.22 $1,231.38 $10,531.49 HPS 150 1,367 1,367 $4.45 $6,083.151 $0.50 $3.95 $1.76 $0.21 $1.97 $2,699.68 $40,601,65 HPS 175 3 3 $0.00 HPS 200 696 696 $5.21 $3,626.161 $0.50 $4.71 $2.371 $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 $2.55 $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 $0.21 $373 $1,261.09 $17,639.41 Totals 3,642 3,642 $18,620.89 $8,727,10 ANNUALI $223,450.681 1 $118,725.48 Monthly Savings 59,893.79 Annual Savings $118,725.48 RESOLUTION NO. -3ao� 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 Department of F,nergy; 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 (ZIPS) streetlights with Energy Efficient Induction (FFI) 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 best interests of the City, PUD No. 1 and the citizens they serve to provide the most cost effective and energy efficient street lighting possible, NOW, THEREFORE, THE CITY 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. 1 for the replacement of HPS streetlights with EEl streetlights, utilizing available EhCBG 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 4 WHEN RECORDED RETURN TO: City of Pasco, Washington 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, RCN ' 39.34 et seq. authorizes the City and PUD to enter into ]nterlocal 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, PUD 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 replacement of existing streetlights with the most energy efficient lighting possible. NOW, THEREFORE, the Parties agree as follows; 1. Responsibilities of PUD 1.1 PUTT will obtain bids to determine the lowest cost-qualifying vendor. PUT) 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. 13 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 stream 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. 2.2 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. lnterlocal Agreement Between 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 frorn 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 hannless 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 fiends 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. b. 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 tlu•ough written agreement of the Parties hereto. lntcrluc:al 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 LaFv Should any dispute arise concerning the enforcement, breach, or interpretation of 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 NNHEREOF, 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 COLINTY PUBLIC UTILITY DISTRICT Gary Crutchfield Ed Brost City Manager General Manager Interkoca; Agreement Between City and PUU - 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: _ STATE OF WASHINGTON ) : 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 PUBLIC in and for the State of Washington Residing at; _ My Commission Expires: lnterlocal Agreement Benxeen City and PUD- 5 102709 Exhibit "A" SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM—FORMULA GRANTS Table of Contents 1. RESOLUTION OF CONFLICTING CONDITIONS..................................................................................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 ACID MAXIMUM OBLIGATION-COEXTENSIVE BUDGET PERIOD AND PROJECT PER IOD............................................................................................................................2 7. COST SHARING F FRDC'S NOT INVOLVED.........................................................................................2 S. 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. STATEMLN'T'01- FEDERAL STEWARDSHIP........................................................................................4 14. SITE VISITS................................................................................................................................................5 15. REPORTING REQUIREMENTS ...............................................................................................................5 16. PUBLICATIONS.........................................................................................................................................5 17. FEDERAL,STATE,AND MUNICIPAL REQUIREMENTS....................................................................6 18. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION................................6 19. LOBBYING RESTRICTIONS....................................................................................................................6 20. NOTICE REGARDING)THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS - SENSEOF 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 RECOVERYACT(MAY 2009)......."...I..............I.,...............................................I...............I...,.............11 26. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS--SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009(MAY 2009).........11 27. REQUIRED USE OF AMERICAN IRON,STEEL,AND MANUFACTURFD GOODS (COVERED UNDER INTERNA'T'IONAL AGREEMENTS)--SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009(MAY 2009) .............................................................................13 28. WAGE RATE REQUIREMENT'S 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 SUBREC:IPIEN'T'S(MAY 2009)..........................................................................................................................................................17 30. DAVIS BACON ACT REQUIREMENTS (MAY 2009).....,.......11....................................................... ...17 31. HISTORIC PRESERVATION..................................................................................................................25 ATTACHMENT I —INTELLECTUAL PROPERTY PROVISIONS................................................................26 Not Specified/Other 102709 SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM —1+ORMULA GRANTS L 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 Agrumenl cover page, plus the following: a. Special terms and conditions. b. Attachments: Attachment No. Title 1 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 Worksheets 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 E of the Energy Independence Security Act(.F,ISA) of 2007,Public Law 110-140. d. DOE Assistance Regulations. 10 CFR Part 600 at http://ecfr.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://www.nsf.gov,lbfa/diasrpolicy/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 htta:./management, my/ iness doe/L374.htm 3, AWARD PROTECT 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 DISBi;RSEM.ENT OF FUNDS ]],MARX U, , THIS ILIRM ISAF11 I " E The total funding allocation for this award is shown in Block 13 of the Assistance Agreement Cover Page. However, funds will be released accordutg to a staged disbursement schedule. All funds must be expended within 36 months of the effective date of the award. Not Specified/Other 1 102709 ] For Energy Efficiency Consen-ation Strategy(EELS)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$ [ ] 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$ [ J is released to the Recipient to begin vvork 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. 5. P.ALYMENT PROCEDURES -ADVANCES THROUGH THE AUTOMATED STANDARD APPLICATION FOR PAYMEN'T'S (ASAP)SYSTEM I 11F MA Rk F_D, T=5 2-f R/V DQLS NOT�4PPL Y—SEE ATTACILVEIVT 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 must 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-MAXLMLTM OBLIGATION -COEXTENSIVE BUDGET PERIOD AND PROJECT PERIOD APPLICABLE ONLY TO INCRE1VER'TALLYFLWDED 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 Pagc. You arc not obligated to continue performance 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 fiords and substantial progress towards meeting the objectives of the award. 7. COST SHARING FFRDC'S NOT INVOLVED A PPI,ICA BI E ONLY IF COST SHARLN'G IS IAI CL UDED I1V THE A WARD. 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 froin 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 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 trust 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 costti, as well as records of costs to be paid by DOE/NNSA. Such records are subject 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. R. REBUDGETING AND RECOVERY OF INDIRECT COSTS THE APPLICABLE TERM IS,WARKED B4L D ii [ ] REBUDGETING AND RECOVERY OF INDIRECT COSTS-REIMBURSABLE INDIRECT COSTS AND FRINGE BENEFITS 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 obtain 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 not amend an award solely to provide additional funds for changes in indirect cost rates. DUE 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 project 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 be 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 F1;NDS a. Recipients may not use more than 20 percent or$250,000, whichever is greater(EISA Sec 545(b)(3)(B),for the establishment of revolving loan funds. b. Recipients may not use more than 20 percent or 5250,000,whichever is greater(EISA See 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 ONLY IF COMPLETED BELOW. You are entitled to reimbursement for preaward costs for the period from(MonthDayYearl to (MonthDayYeai•J 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 conunitted to the award and use it to further eligible project objectives. 13. STATEMENT OF FEDERAL STEWARDSHIP DOEINNSA 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 with terms and Not Specified/Other 4 102709 conditions;and reviewing technical performance after project rampletion to ensure that the award objectives have been accomplished. 14. SITE VISITS DOE's authorized representatives have the right to make site visits at reasonable times to review project 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 SRTR/STTR data. Citations for journal articles c. produced under the award will appear on the DOE Energy Citations Database (�yww,o,s,M_gQv/ener -citations). d. Restrictions.Reports submitted to the DOE Information Bridge must not contain any Protected Personal Identifiable Information(PII),limited rights data(proprietary data),classified information, information subject 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 di�claimcr 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 warranty, express or implied,or assumes any legal liability or responsibility for the accuracy,completeness,or usefulness of 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 otherwise does not necessarily constitute or imply its endorsement,recommendation,or favoring by the United States Goverxunent 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 Specified/Other 5 102709 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 hap://www.Sc.doe.gov/financial assistance_awards.litm. 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 '/ ! n sJlu 11r: tual Fro crtv IP SerYi Pr vider�for�,(,�cx�uisiiiun.uslf 19. LOBBYING RESTRICTIONS By accepting funds under this award,you agree that none of the funds obligated on the award sliall 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 Ah ERICAN-MADE EQUIPMENT AND PRODUC'T'S--SENSF OF CONGRESS It is the sense of the Congress that,to the greatest extent practicable,all equipment and products purchased with funds made available under this award should be American-made. 21. INSOLVENCY,BANKRUPTCY OR RECEIVERSHIP a. You shall immediately notify the DOE of the occurrence of any of the fullowing 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 tiling 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, tnistee, or other officer with similar powers over you,tinder 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 NkTiting 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 tight 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 nuncompliance 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 DOE/NNSA providing either a NEPA clearance or a final NEPA decision regarding this project. Prohibited actions include: Actions not listed helow. 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 receiving federal funding and such costs may not be recognized as allowable cost share. If this award uicludes construction activities,you must submit an environmental evaluation report/evaluation notification form addressing NEPA issues prior to DOE/NNSA initiating the NEPA process. 23. DECONTAMINATION AND/OR DECOMMISSIONING (D&D)COS'T'S Notwithstanding any other provisions of this Agreement,the Government shall not be responsible for or have any obligation to the iecipient 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 2009,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 terms 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 subrecipicnts, 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 comply with the requirements of the Act. The Government has not fully developed the implementing instructions of the Recovery Act,particularly concerning 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 funds expended or obligated from appropriations under the American Recovery and Reinvestment Act of 2009,Pub. L. 1 1 1-5. Covered Funds will have special accounting codes and will be identified as Recovery Act funds in the grant,cooperative agreement or TIA and/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 employes;and any professional membership organization, certification of other professional body,any agent or licensee 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 finds 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 government (including Recovery Act finds received through grant, loan,or contract)other than an individual and includes a State that receives Recovery Act Funds. Svecial Proyisions A. Flow Dawn Reuuirement Recipients must include these special terms and conditions in any subaward. B. Sei�rcaation of Costs Recipients must segregate the obligations and expenditures 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 from 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 malcittg payments for costs allowable for Recovery Act projects. Prohibitiort on U,,v 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 any private entity,for any casino or other gambling establishment,aquarium,zoo,golf course,or swimming pool. C. Access 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. 111-5, any representative of an appropriate inspector general appointed under section 3 or 8G 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 102709 An application may 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 Government 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:nark 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 Contractor Whistleblowers The requirements of Section 1553 of the Act are summarized below. They include, but are not limited to: Prohibition on Reprisals: Ail 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 orncgotiation of a contract)or grant,awarded or issued relating to covered funds. Agency 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. Ordef the employer to reinstate the person to the position that the person held before the reprisal, together with compensation including back pay,compensatory damages,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 die 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 agreemen(. 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 ot'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, Reserved G. false Claims Act Recipient and sub-recipients shall promptly refer to the DOF.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. ration in suap la of EecoyM Act Raortinu Recipient may be required to submit backup documentation for expenditures of funds under die 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 ofd Funds appropriated under the Recovery Act and obligated to this award are available for reimbursement of costs until September 30,2015. .1. Additional Funditig_D�s i r ate a ands Applicabie if award is to a State Qpveniment or a n Certification by Governor--Not later than April 3,2009,for tends provided to any State or agency thereof by the American Reinvestment and Recovery Act of 2009,Pub. L. 111-5,the Govemor 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 Statc 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 fonnula or at the State's discretion. K. Certifications Not Specified/Other 10 102709 With respect to funds 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. REPORTING 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.ecr.gov)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://w�v.dnb.com) 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://\vww.Federa]Reporting.gov and ensure that any information that is pre-filled is corrected or updated as needed. 26. REQUIRED USE OF AMERICAN IRON,STEEL,AND MANU1t;ACTL'RED GOODS-- SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) THIS AWARD 1MM LS APPLICABLE TO ANYRECOVERYA CT FUA'DS FOR CONSTRUCTION. ALTERATION,MAINTENANCE, OR REPAIR OF A PUBLIC BUILDING OR PUBLIC WORK AND THE TOTAL PROJECT VALUE ISESTIM4TED LESS THAN$7,443,000. THIS AWARD TLrRM 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 iaterial 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 governmental entity(the 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 entities which have govertmiental functions).These buildings and works may include, without limitation, bridges, darns,plants,highways,parkways,streets,subways,tunnels,sewers, mains,power lines,pumping stations,heavy generators,railways,airports,terminals,docks,piers, Not Specified/Other !1 102709 wharves, ways,lighthouses,buoys,jetties,breakwaters, levees,and canals,and die construction, alteration,maintenance,or repair of such buildings and works. (3) Steel means an alloy that includes at least 50 percent iron,between.02 and 2 percent carbon,and may include other elements. b. Domestic preference. (1) This award teen 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 f 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 be 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. (1) (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; (13) Unit of measure; (C) Quantity; (D) Cost; (E) 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 aII 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 determinatimi 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 snake a determination. (2) If the Federal Government determines after funds have been obligated for a project for Not Specifie&Other 12 102709 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,steel,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 amount,redistribution of budgeted funds,and./or other actions taken to cover costs associated with acquiring or using the foreign it-on,steel, and/or relevant manufactured goods. When the basis for the exception is the unreasonable cost of the domestic iron,steel, or manufactured goads,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 Government determines that an exception to section 1605 of the Recovery Act applies,use of foreign iron,steel, and/or manufactured goods is noncompliant with section 1605 of the American 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 1, 3 Foreign steel,iron,or manufactured good Domestic steel, iron,or manufactured good Item 2: Foreign steel. iron ,or manufactured ood 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. *Include all delivery costs to the construction site. 27. REQUIRED USE OF AMERICAN IRON,STEEL,AND -MANUFACTURED GOODS (COVERED UNDER ELATE WSATIONAL AGREF.NIENTS)--SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) THIS A WARD TERM ISAP NC O ALTERATION MAINTENANCE OR REPA IR OFA PUBLIC BUILDING OR PUBLIC WORK 9/1 T11 A TOTAL PROJECT{VALUE OVER ls7,44.3,000 THAT INVOL YES LRON,STEEL AND/OR MANUFACTURED GOODS MATERIALS COVF_RED UWDER LWERNATIONAL AGREEMENTS. THIS AWARD TE&VI ALSO APPL IES TO ALL SUBGRANTS A1VD COA'TRACTS. a. Definitions. As used in this auvard 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, Israel,Mexico,Morocco,Nicaragua. Oman, Peru,or Singapore);or (3) A United States-European Communities Exchange of Letters(May 15, 1995)country: Austria, Belgium,Bulgaria,Cyprus,Czech Republic, Denmark,Estonia,Finland,France,Gennany, 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 fii 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 from 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-- (1) Processed into a specific form and shape;or (2) Combined with other raw material to create;a material that leas 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 minor outlying islands of the United States; State and local governments;and multi-State,regional,or interstate entities which have governmental functions).These buildings and work%may include, without limitation,bridges,dams,plants,highways,parkways,streets,subways,tunnels,sewers, mains,power lines,pumping stations,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. (1) The award terns and condition described in this 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 1605 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 au international agreement that obligates the recipient to treat the goods and services of that Party the same as domestic goods 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 perforining 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)of this,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 Act or 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 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)(4)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,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 fluids 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. [f the recipient does not submit a satisfactory explanation,the award official need not make a determination. (2) If the Federal Government determines after funds have been obligated for a project ibr 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,steel,and/or relevant manufactured goods. When the basis for the exception is nonavaiiability or public interest,the amended award shall reflect adjustment of the award amount,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)' 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. *Include all delivery costs to the construction site. 28. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (MAY 2009) THIS AWARD TERMISAPPLICABLE TO RECOVERYACT PROGRAAfS OR ACTIVITIES THAT AL4YINVOLVE CONSTRUCTIOA;ALTERATION,MAINTENANCE, OR REPAIR. THIS AfVARD 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 IV 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$2,000 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 LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS (MAY 2009) 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 Rules provisions,recipients agree to maintain records that identify adequately the source and application of Recovery Act funds.OMB Circular A--102 is available at hi.t.p://www.whitehouse,gov/omb/circulars/a102/a]02.htm1 b. For recipients covered by the Single Audit Act Amendments of 1996 and OMB 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(SETA)and the Data Collection Form (SF--SAC)required by OMB Circular A-- 133. OMB Circular A--133 is available at http://www.whitehouse.gov/omb/circulars/al33/al33.htmi. This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA,and as separate rows under Item 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 SEFA and as the first characters in Item 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 antount 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 information 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 AWAND TERM IS APPLICABLE TO ARRA AWARDS WHEN WAGE RATE Not Specified/Other 17 102709 REQUIREMENT UNDr'R SECTION 1606 OF THE RECOVERYACT TERM IS APPLICABLE. THIS A WARD TERM IS ALSO APPLICABLE TO SUBGRANTS AND CONTRACTS. Note: Where necessary to make the context of these articles applicable to this award,the term"Contractor", shall inean"Recipient"and the tens"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 Iegally responsible for carrying out the terms mid 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 inteznational organizations(such as agencies of the United Nations). Davis-Bacon Act (a) Dginition.='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,borrow 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)(ii)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`;tiite of the work." Such permanent,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 Part 3)), the Lull amount of wages and bona fide fringe benefits(or crash 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,;hall be. Not Specified/Other l8 102709 paid in accordance with the wage determination applicable to the primary site of the work. (2) Contributions inade or costs reasonably anticipated for bona fide fringe benefits under section I(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 plans,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 detennination for the classification of work actually performed, without regard to skill, except as provided in the article entitled Apprentices and Trainees. Laborers or mechanics perfornuug%work in more than one classification play 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 detennination(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. (1) 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 Employment Standard,.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,including the views of all interested parties and the recommendation of the Contracting Officer,to the Adminstrator of the Wage and Hour Division for determination.The Administrator,or an authorized representative,will issue a deteruiitiation within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer witli i the 30-day period that additional time is necessary. Not SpecifiedlOther 19 102704 (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 Nvork 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 under 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 tlti%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,his 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 I(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 sliall 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 truinco programs, the registration of the apprentices and trainees,and the ratios and wage rates prescribed in the applicable programs. (b) (1) 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!Tinting Office Washington, DC 20402 The Prime Contractor is responsible for the submission of copies of payrolls by all subcontractors, Contractors and subcontractors shall maintain(lie 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 102709 parry to the contract,but if the agency is not such a party,the contractor will submit them to die applicant,sponsor,or owner,as the case may be 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 vitiation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its o%vm records,without weekly submission to the sponsoring government agency(or the applicant,sponsor,or owner). (2) Each payroll submitted shall be accompanied by a"Statement of Compliance,"signed by the Contractor 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 each 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 W1I-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 in 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 the 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 shat 1,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.Prune 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 uecpssary 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 event 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 the 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 102709 (a) Apprentices. (1) 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 such an apprenticeship program, even though not individually registered in die 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 prograin shall be observed. Every apprentice must be paid at not less than the rate specified iii the registered program for 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 pennitted to utilize apprentices at less than the applicable predetermined 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 Ad'ministration,Office of Apprenticeship Training, Employer,and Labor Services(OATELS). The ratio of trainees to journeymen on the job site shall not be greater than permitted 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 102709 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 Nvith 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 ail 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 ofd= site: (2) Painting and decorating; (3) Manufacturing or furnishing of materials,article~,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 o`'the site of the work within the meaning 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-13acon 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 United States the articles entitled- (]) Davis-f3acon Act; (2) Contract Work Hours and Safety Standards Act--Overtime Compensation(if the article is Not Specified/Other 23 102709 included in this award); (3) Apprentices and Trainees; (4) Payrolls and Basic Records; (5) Compliance with Copeland Act Requirements; (6) Withholding of Funds; (7) Subcontracts (Labor Standards); (8) 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) (1)Within 14 days after issuance of the award,the Contractor shall deliver to the Contracting Officer a completed Standard Form(SF) 1413, Statement and Acknowledgment, 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 die Contracting Officer an updated completed SF 1413 for such additional subcontract. (e) 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,Apprenticca 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 ternlination 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 I, 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 Cl'R 600.22.Disputes within the meaning of this article include disputes between the Contractor(or any of its subcontractors)and the contracting agency,the U.S. Department of Labor,or the employees or their representatives. Not Specified/Other 24 102709 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 firth ineligible to be awarded Government awards by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (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 f o r making false statements is prescribed in the U.S.Criminal Code, 1 8 U.S.C. l 001. 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 the 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 DOE'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. SHPO contact information is available at the following link: tt hzm. THPO contact information is available at the following link: httu://www-n444c�,or MA2ltt�nl. Section i I0(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 I06. 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 25 102709 ATTACHMENT l —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. DOE reserves a royalty-free, nonexclusive 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 Government 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 FOIA 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 "B" NATIONAL POLICY ASSURANCES TO BE INCORPORATED AS .AWARDTERMS (August 2008) To the extent that a term floes 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 politics prohibiting discrimination: I 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; 2 On the basis of sex or blindness, in Title 1X of the Education Amendments of 1972 (20 iI.S.C. 1681 et seq.), as implemented by DOE 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 of Health and Human 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 CPR 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, construction, and alteration of buildings and facilities financed with Federal finds. 11. Environmental Policies You must: I 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 nay 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 f=ederal compliance with NEPA, 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 DOE at 10 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 1972(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. sect.), 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 ct 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 Sa'l'e 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,llwww,nap.edu/readingroomlbooks/labratso 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(a)(2). 'Phis 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 1 Debarment and suspension. You must comply with requirements regarding debarment and suspension in Subpart C aft 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.l 352, 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 41U,S,C. 22, 5 Hatch Act, If applicable, you must comply with the provisions of the Hatch 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 CFR 301-10.131 through 301-10.143.The law and regulations require air transport of people or property to, from, between or within a country other than the United States, the cost of which is supported tinder 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 Fallowing 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 FR 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: 1. 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 information 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 fl. May suspend or terminate those awards unilaterally for material failure to comply with the award terms and conditions, 11. 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 Scution I06 of the National Historic Preservation Act of 1966 (16 U.S.C. 4700,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 Camp., 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 U.S.C. 290dd-2. 14 Constitution Day, You must comply with Public Law 108-447, Div, J,Title 1, Sec, I 11 (36 U.S.C. 106 note), which requires each educational institution receiving Federal funds in 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 Traffieluing 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 sub recipients' employees may not— i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; fl. Procure a commercial 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 subrecipient that is a private entity-- i. 1s 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 Govemmentwide Debarment and Suspension (Non procurement),"as implemented by our agency at 2 CFR part X01. 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.l 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.I ofthis award term through conduct that is either— L 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 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonproeurement),"as implemented by our agency at 2 CFR 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.i 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(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), 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.1 of this award term in any subaward you make to a private entity. d. Definitions. For purposes of this award term: 1. "Employee" 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 a 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 nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CPR 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. Recipient 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 Council February 2, 201 1 3 TO: Gary Crutchfiel ty anager Regular Mtg.: 2/7/11 Rick White, Community & EAonomic Development Director FROM: David I. McDonald, City Planner SUBJECT: STREET VACATION (N4F # VAC 2011-00'1) "C" Street between Blocks 7-10 Owens Addition (Bergevin) I. REFERENCE(S): 1. Vicinity Map 2. Proposed Resolution 3. Vacation Petition II. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS: 217: MOTION: I move to approve Resolution No. -3305"', setting 7:00 p.m., Monday, March 71h, 2011, as the time and date to conduct a public hearing to consider vacating a portion of"C" Street. III. FISCAL IMPACT: NOSE IV, HISTORY AND FACTS BRIEF: A. The property, owners abutting "C" Street between Blocks 7 through 10, Owens Addition, have petitioned for the vacation of"C" Street abutting their property. B. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing which provides the statutory 20-day hearing notice, is March 7, 2011. 3(i) Vicinity Item: Street Vacation - Portion of "C" St Map Applicant: Bergevin Properties LLC N File #: VAC 2011 _001 WrSU 7fF 1f f ` ^lb u'j •• , . .i' ,t , { .. �..., � y" _ _ urn - SITE'! z _ low M tee. - a•'w. tr ^4 "y"' ' REFERENCE 2 — Proposed Resolution RESOLUTION NO. .. A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF "C" STREET. WHEREAS, from time to time in response to petitions or in cases where it serves the gencral interest of the City, the City Council may vacate tights-of-way; and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by Rcsolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating "C" Street between Block 7 through 10, Owens Addition, will be held before the City Council of the City of Pasco in the Council Chambers at 525 INT. Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on March 7, 2011 . That the City Clerk of the City of Pasco give notice of said public hearing as required by law. Passed by the City Council of the City of Pasco this 7th day of February, 2011. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, CMC Leland B. Kerr City Clerk City Attorney Vicinity Item• Street Vacation - Portion of "C" St Applicant: Bergevin Properties LLC rt Map File #: VAC 2011 -001 "A" ST "B" ST W W a tsiTE -- Z Q U) } Y a g z 80' '°C" ST 4 t 33T� �o Reference 3 - Vacation Petition FEE $200 i 1 CITY OF PASCO STREET/ALLEY VACATION PETITION MASTER FILE # A Q 01 -pp} DATE SUBMITTED: I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street alley rights-of-way: 7! Slt Z22 APPLICANT: PROPERTY OWNED (Legal Description) Print Name: Sign Name: f Z/ Address: .•' _� lj Phone # f�� Date �-- 12'3z� :z dye Print Name: Z 3 —2�Jg Sign Name: Date Print Name: 'C-- 1 Sign Name: Cc✓� Date AGENDA REPORT NO. 1 FOR: City Council February 1, 2011 TO: Gary Crutchfie y anager Ahmad Qayourrai, Pub Works Director Regular Mtg.: 2/07/11 FROM: Matthew Rasmissen, Civil Engineer SUBJECT: Public Hearing on the Final Assessment Roll for Local Improvement District (LID) No. 146— Kurtzman Park Street Improvements. 1. REFERENCE(S): 1. Final Assessment Map 2. Final Assessment Summary 3. Ordinance II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 02/07: Conduct a public hearing to consider the Final Assessment Roll for LID No. 146. 02/07: Motion I move to adopt Ordinance No. relating to Local Improvement District No. 146; approving and confirming the assessments and assessment roll of Local Improvement District No. 146 for the improvement of Elm Avenue north of Alton Street and south of Lewis Street; and to Sycamore, Hugo, Waldemar and Cedar Avenues north of "A" Street and south of Butte Street, as provided by Ordinance No. 3932; levying and assessing a part of the cost and expense of the improvements against the lots, tracts, parcels of land and other property as shown on the assessment roll; and, providing for collection of assessments; and, further authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) LID 146 was formed by Ordinance No. 3932 at the November 3, 2009 Regular Council Meeting. Resolution No. 3296 was approved on December 20, 2010 setting the public hearing date on February 7, 2010. B) The project included the construction of curb, gutter, stone water utility system, bicycle path, and roadway, and certain water and sewer utility system improvements on portions of Elan Avenue, Sycamore Avenue, Hugo Avenue; Waldermar Avenue, Cedar Avenue and Butte Street. 'There are 33 properties within the LID boundary. The attached swnmary shows the Preliminary Assessment and the Final Assessment for each property. C) The Contractor has completed all of the construction provided for in the LID. D) Community Development Block Grant (CDBG) and American Recovery aiad Reinvestment Act (ARRA) funds where used to pay for approximately one-half of the total project cost. V. DISCUSSION: A) The public hearing is to present and discuss the Final Assessment Roll of the LID. 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S S 96'676$- 9bZ'LZ- Lt'F6t'Z S £t'FZt'F $ 0L 0T 4b'£61-'Z S 5 96'676$ %Z'LZ- Lh'E6i'Z S £h'SZb`f. $ 0'•) 6 Lt'F6t'7 $ s 96'6Z6S- %Z'LZ- Lh'F.6r'Z S ft'£Zt'F $ 09 R L1-'£bb'Z $ S 96'6Z6S- 9bZ'LZ- Lt1F6t'Z 3 fb'£Zh`f S 59 L Ltr•£61,'Z S S 966Z6S• abz%7- Lb'£6t'Z $ £rUVZ S 09 9 Lt'£6b`Z S S 9(i 62(l3- 96Z'4z- Lt'£6h`Z s £t'£Zt'£ S 0L) S Lt7'f6t`Z 3 S 96'GZ6$- %z'LZ- Lt'F6t'Z S Fr'fZt'F S 09 t Lh'F6r'Z $ s, 9616Z65- %Z'LZ- Lr'£Gb`z S Ft.'Ut"i $ 1 09 t' Lt'F5t'Z $ $ 96'GZ6S %ra- &-161"1 S Ft'£Zt'F 3 09 z 4t•E6t'Z $ $ 96'6Z6S- 9bi'LZ- Lt'£6h'z $ ft'vi-'F $ S9 T an0 ivauissas-sv(VIO,I, luawssassb D�ttRyJ 2SuvyD(Yo ILtDU:SSaS"N WatitssaSSN DtIM10.1,1 #T»V (t;nadS (vu(j �SY.LItTTt}Ta d 00'£4')`t'Z T S Tunouttr a1y�Ssass� (t1u),1. 00'90£161 f S a.nitysslSSd VIIUV/o$(JD 00'6L6'�tt 5 TsU:)all 1"Ol SluautDnozduil jaaxjS �jxed wmuzjxnx - 9t[ CII'T sauauxssassv peuls After recording return to: City of Pasco.City Cleric 525 N.3"Avenue Pasco,WA 99301 CITY OF PASCO, WASHINGTON ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, relating to Local Improvement District No. 146; approving and eonfinning the assessments and assessment roll of Local Improvement District No. 146 for the improvement of Elm Avenue north of Alton Strut and south of Lewis Street; and to Sycamore, Hugo, Waldemar and Cedar Avenues north of"A" Street and south of Butte Street, as provided by Ordinance No. 3932; levying and assessing a part of the cost and expense of the improvements against the lots, tracts,parcels of land and other property as shown on the assessment roil; and,providing for collection of assessments. WHEREAS, Local Improvement District No. 146 ("LID No. 146" or the "LID") was formed by Ordinance No. 3872 of the City of Pasco, Washington ("City"). The assessment roll levying the special assessments against the property located in the LID has been filed «rith the City Clerk, as provided by law; and WHEREAS, by Resolution No. 3296, notice of the thne and place of hearing on the LID No. 146 assessment roll, and for making objections and protests to the roll was published and posted according to law. The time and place of hearing on the LID No. 146 assessment roll was set the 7`' day of February, at the hour of 7:00 p.m., local time, in the Council Chambers in the City Hall, Pasco, Washington. Further notice of the hearing-was mailed by the City Clerk to each property owner shown on the roll, and WHEREAS, at the time and place fixed and designated in the notices the hearing was held; no written protests were received; and, all persons appearing at the hearings who wished to be heard were heard. Followino the close of the hearing, the City Council, sitting and acting as a Board of Equalization for the purpose of considering the roll and the special benefits to he received by each lot, parcel and tract -i- of land shown upon such roll, including the increase and enhancement of the fair market value of each such parcel of land by reason of the improvement, found no protests;NOW,THEREFORE., THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES HEREBY ORDAIN, as follows: Section 1. FINDINGS OF FACT AND CONC.LUSTONS OF LAW, 1.1 The above-recitals are incorporated herein by this reference. 1.2 Local Improvement District No. 146 ("LID No. 146") has been created and established for the purpose of providing for the improvement of the properties within the area described in Exhibit B, by the improvement of Elna Avenue north of Alton Street and south of Lewis Street; and to Sycamore, f lugo,Waldemar and Cedar Avenues north of"A" Street and south of Butte Street to include curb, gutter. sidewalks, street lighting and storm drain system, as more particularly described in Exhibit A (the "Improvements"). The assessments and assessment roll for LID No. I46, as the same now stand, shall be and the same are approved and confirmed in all things and respects in the total amount of$I24,673.48. 1.3 Each of the lots,tracts,parcels of land and other property shown upon the assessment roll is determined and declared to be specially benefited by LID No. 146 Improvements in at least the amount charged against the same, and the assessment appearing against the sarne is in proportion to the several assessments appearing upon the roll. There is levied and assessed against each lot,tract or parcel of land and other property appearing upon the roll the amount finally charged against the same thereon. Section 2. CONFIRMATION AND COLLECTION. 2.1 The assessment roll as hereby approved and confirmed shall be filed with the City Financial Services Manager for collection. The City Financial Services Manager is authorized and directed to publish notice as required by law stating that the roll is in his hands for collection and that payment of any assessment thereon or any portion of such assessment can be made at any time within thirty (30) days from the date of first publication of such notice without penalty, interest or cost, and that thereafter the sum remaining unpaid may be paid in ten (10) equal annual installments of principal together with interest due on the unpaid balance. The estimated interest rate is stated to be 6% per annur:r, with the exact interest rate to be fixed in the ordinance authorizing the issuance and sale of the -2- local improvement bonds for Local Improvement District No. 146. The first installment of assessments on the assessment roll shall become due and payable during the thirty (30)day period succeeding the date one year after the date of first publication by the City Financial Services Manager of notice that the assessment roll has been placed for collecion and arxnually thereafter each succeeding installment shall become due and payable:in like manner. 2.2 If the whole or any portion of the assessment remains unpaid after the first thirty (30) day period, interest upon the whole unpaid suns shall be charged at the rate as determined under Section 2.1, and each year thereafter one of the installments of principal together with interest due on the unpaid balance, shall be collected. Any instalhnent not paid prior to expiration of the thirty (30) day period during which such instalhnent is due and payable shall thereupon become delinquent. Each delinquent installment shall be subject, at the time of delinquency, to a charge of 5% penalty levied on both principal and interest due upon that instalhnent,and all delinquent installments also shall be charged interest at the rate of 8% per annum as set forth in PMC 14.04.050. The collection of such delinquent installments shall be enforced in the manner provided by law. PASSED by the City Council and APPROVED by the Mayor of Pasco, Washington, at a regular open public meeting thereof,this 7"'day of February,2011. Mayor [ATTEST): Debra L. Clark,City Clerk APPROVED AS TO FORM: Leland M. Kerr, City Attorney -3- EXHIBIT A LID No. 146—Kurtzman Park Neighborhood improvements phase 1 The LID is to include the work of installing curb, gutter, sidewalk, storm drainage systems, street lighting and roadway improvements to City of Pasco standards. In Street From To Cedar Avenue East'A' Street 300 feet south of Butte Court (east side) Waldemar Avenue 210 feet north of 170 feet south of Butte Street (east side) East 'A' Street Waldemar Avenue East 'A' Street Butte Street (west side) Hugo Avenue East A' Street Butte Street (east side) Hugo Avenue 196 feet north of 125 feet south of Butte Street (west side) East 'A' Street Sycamore Avenue East`A' Street Butte Street (west side) Butte Street Sycamore Avenue Hugo Avenue (north side) Butte Street Hugo Avenue Waldemar Avenue (south side) Butte Street Waldemar Avenuc Cedar Avenue (north side) Elm Aven-ae 150 feet nortli of Lewis Street (east side) Alton Street Exhibit A EXHIBIT B ,LID No. 146—Kurtzman Park Neighborhood improvements Phase 1 Legal description of the boundary; That portion of the south half of Section 28,Township 9 North, Range 30 East, W.M. in Pasco, Franklin County, Washington, described as follows; Beginning at the southwest corner of lot 17, block 9 of Kurtzman's First Addition to Pasco, filed for record in the office of the county auditor, Franklin County, Washington also being on the north line of East"A" Street;thence easterly, along said north line to the centerline of South Sycamore Avenue; thence northerly along said centerline to the centerline of East Butte Street; thence westerly, along said centerline, to a line that is the northerly projection of the west line of lot 32, block 9 of said plat; thence southerly along said projection and along the west line of lots 17 through 32, all of block 9, to the southwest corner of said lot 17 and the point of beginning. Together with the following; Beginning at the southwest corner of lot 24, block 10 of Kurtzman's First Addition to Pasco, filed for record in the office of the county auditor, Franklin County, Washington; thence easterly along the south line of said lot 24 and along the easterly projection of said south line to the centerline of South Hugo Avenue; thence southerly along said centerline to the north line of East"A" Street; thence easterly along said north line to the southeast corner of lot 16, block 11 of said plat; thence northerly along the easterly lint; of lots 1 through 16 to the a line the is parallel with and 30 feet southerly of the centerline of East Butte Street; thence easterly along said line to a line that is the northerly projection of the west line of lot 32 of said block 11; thence southerly along said projection and along the west line of lots 17 through 32 to the southwest corner of said lot 17, also being on the north line of East "A" Street; thence along said north line to the centerline of South Waldemar Avenue; thence northerly along said centerline to a line that is the westerly projection of the south line of lot 8, block 12 of said plat; thence easterly along said projection and along said south line to the southeast comer of said lot 8; thence northerly along the east line of lots 7 and 8, both of block 12, to the northeast corner of said lot 7; thence westerly along the nortb line of said lot 7 and along the westerly projection of said north line to the centerline of South Waldemar Avenue; thence northerly along said centerline to the centerline of East Butte Strcet; thence westerly along said centerline to the centerline of South Hugo Avenue; thence southerly along said centerline to a line that is the easterly projection of a line that is parallel with and 5 feet southerly of the south line of lot 29,block 10 of said plat; thence along said projection and along said parallel line to the west line of lot 28 of said block 10; thence: southerly along the west line of lot 24 through 28, ali of block 10, to the southwest corner of said lot 24 and the point of beginning. Together with the following: Beginning at the centerline intersection of South Sycamore Avenue and East Butte Street; thence easterly along the centerline of East Butte Street to the centerline of South Hugo Avenue; thence northerly along said centerline to a line that parallel with and 30 feet north of the centerline of East Butte Street; thence westerly, along said parallel line, to the centerline of South Sycamore Avenue; thence southerly along said Centerline to the centerline intersection of South Sycamore Avenue and East Butte Street and the point of beginning. Together with the following: Exhibit B - 1 Beginning at the centerline intersection of South Waldemar Avenue and East Butte Street; thence easterly along the centerline of East Butte Street to the centerline of South Cedar Avenue; thence northerly along said centerline to a line that parallel with and 30 feet north of the centerline of East Butte Street; thence westerly, along said parallel line, to the centerline of South Waldemar Avenue; thence southerly along said centerline to the centerline intersection of South Waldemar Avenue and Fast Butte Street and the point of beginning. Together with the following: Beginning al the southwest corner of the southeast quarter of section 28, T9N, R30E, Franklin County Washington; thence northerly along the west fine of said southeast quarter to the north line of East `A' Street and the true point of beginning; thence easterly along said north line to the southeast corner of lot 1 Short Plat 2002-10 filed for record in the office of the county auditor, Franklin County Washington; thence northerly along the east line of said lot 1 to the northeast corner of said lot; thence westerly along the north line of said lot I and along the westerly projection of said north line to the west line of said soutlicast quarter; thence southerly along said west line to the north line of East `A' Street and the true point of beginning. Together with the following: Beginning at the southeast corner of lot 2, of Short Plat 99-23 filed for record in the office of the county auditor, Franklin County, Washington; thence westerly, along the south line of said lot 2 to the southwest corner of said lot 2; thence northerly along the west line of said lot 2 to the south line of East Lewis Street; thence westerly, along said south line,to a line that is parallel with and 20 feet westerly of the west Luce of block 3 of the plat of Acre Park Addition filed for record in the office of the county auditor. Franklin County, Washington; thence southerly, along said parallel line to a Iine that is the westerly projection of the south line of lot 10, block 3 of said plat; thence easterly ,along said projection and along the south line of said lot 10 to the southeast corner of said lot 10; thence northerly along the east line of lots 10 through 13; all of block 3, to the southeast corner of said lot 2, of Short Plat 99-23 and the point of beginning. Exhibit B - 2 AGENDA REPORT NO. 03 FOR: City Council February 2, 2011 r TO: (,ary Cruicbfi Manager Regular: 2/7/11 Ahmad Qayouai i.c Works Director FROM: Doyle L Heath,'Utility Engineer SUBJECT: Comprehensive Water System Plan I. REFERINCEISI: 1. Resolution 2. Summary of Pasco's Water System Plan 3. System Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 2/7/11: Conduct a continued Public Hearing 2/7/11: 1MOTION: I move to approve Resolution No. adopting the Comprehensive Water System Plan. 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 trine with 2009 being the target year. B) A Public Hearing was opened at the City Council Meeting on January 18, 2011. The Public Hearing has been advertised as continuing on February 7`�l V. DISCUSSION: A) Questions were raised during the Workshop Meeting on January 31s`. a. The Comprehensive Water System PIan (Plan) is as a planning document for the water system to meet the City's future water demand and fire flow needs. The projects are not funded until they are approved by the City Council in the Capital Improvement Plan. b. The Cable Bridge Intcrtie with Kennewick. This project will be funded in the Capital Improvement Plan in 2012 at this time. The Butterfield Water Treatment Plant (WTP) has a total capacity of 25 Million Gallons per Day (MGD). The West Pasco WTP currently has a capacity of 0 MGD. During August 2009, the maximum day withdrawal to the treatment plants was 24.7 MGD. If the Butterfield Plant were to cease operation for some reason, the West Pasco WTP would not be able to provide the necessary water. The City of Kennewick does have the capacity for us to use some of their water to meet domestic and fire flow demands. In discussion with Bruce Beauchene, Utility Services Manager, of the City of Kennewick; they would share some of the cost of the project. The City of Pasco might be able to get some funding; fi•om State sources to assist in the cost of the project. c. In order to expand the West Pasco WTP the City of Pasco will need to add to the System Improvements an additional Intake for the West Pasco Water Treatment Plant. The existing intake was put in many years ago and was for the irrigation of farm land. The City of Pasco acquired it with the purchase of the Irrigation Water Inc. system about 15 years ago. The intake is needed to meet the needs of the additional expansions at that Plant. The estimated cost for this improvement is$2.0 mullion. B) Staff recommends that Council continue conducting the required public hearing; started on January I8"'. If acceptable, the Plan can be approved at the February 7 business meeting and forwarded to WSDOH for final approval. 7(b) RESOLUTION No. A RESOLUTION adopting the Comprehensive Water System Plain as updated. WHEREAS, an July 16, 2001 the City adopted a Comprehensive Water System Plan by Resolution No. 2601 ; and WHEREAS, the City of Pasco is required to update the Comprehensive Water System Plan every six years to comply the Washington State Department of Health (WSDOH) Regulations; and WHEREAS, the City has updated the July 16, 2001 Comprehensive Water System Plan and has complied with all WSDOH Regulations; and WHEREAS, the City will forward the Resolution adopting the Comprehensive Water System Plan to the WSDOH for formal acceptance after the Council adopts it; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: 1. That the Comprehensive Water System Plan is hereby approved (as updated) by the City of Pasco. PASSED by the City Council and APPROVED by the Mayor this 7th day of February, 2011. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Summary of Pasco's Water System Plan Introduction • This report provides an updated 2(09 Comprehensive Water Systerrr 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 Cade of Washington (R0AT) 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 Cornprelrensive 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 Conrprehensive Water SystenrPlan is effective for 6 years from the date of written approval by WDOH. • The 2009 Cornprelrensive Water Systeni Plan is required to address the following elements for a period of at least 20 years into the future.`I. Description of the water system, 2. Basic playa-ing data,3.System analysis,4. Water resource analysis,5. Source water protection, 6. Operation and Maintenance program, 7. Six-year capital improvemen t schedule,8. Financial program,and 9. Other documents. Plan Recommendations • During the six-year period for which this 2009 Conrprelrensive 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 Conrprelunsive Wafer System Plan recommends a total of approximately $47360,000 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 possibilit<v of some cost participation by the City of Pasco. CITY OF PASCO PAGE 1 WATER PLAN Policy Recommendations • Tn addition to capital improvements, this 2009 Coinpreliensive Water Systein Playa makes certain recoirunendations 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 Coniprehensizv Water System Plan dated October 12, 2009. An Environmental Determination of Non-Significance # SEPA 09-33 for adoption of the 2009 C6111pre7wilsive Wafer Systent Plan was prepared and issued by the City PIanning 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 Improvements/Upgrade to restore 30 MGD capacity $ 1,600,000 No No SWT-3 West Pasco Water Filtration Plant, Phase 1 — 6 MGD $15,750,000" Yes No SWT-6 West Pasco WFP New intake $ 2,000,000 No No Subtotal Treatment $19,351,000 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 $ 400,040 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-MA 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 $ 1,804,000 Yes No Subtotal Distribution System $10,110,000 Total Immediate Improvements $29,461,000 a Approximately $10,000,000 of the capital costs expended in 2009 b Currently unfunded capital cost CITY OF PASCO PAGE 3 WATER PLAN O T cn c c' 2 0 z :'rte ♦ O do D C 11 s -0 Z o r to Z z; AO Z � � Z C) m n x z z (n + 1 I - OD Tim) 31 0 I z mC mC 6 , ¢r m I = z M o � 0 o m n ie m D Im m rn , o to X D ° z m I IQ j .a,. A r� m rn f M m � Ou I 1 au �. k b PH m z RDJ�EQERkAwIN�i PRELIMINARY J-U-B ENGINEERS INC. 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ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 1131: Discussion 2/7: MOTION: I move to adopt Ordinance No. , amending Chapter 14.11 "Small Works Roster" of the Pasco Municipal Code and, further. authorize publication by summary only. III, FISCAL IMPACT: N/A IV. 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 program 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 quotations/bids 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 $505000 be adopted, above which Council must approve the award. This compares favorably with similar thresholds in Richland [S65,000 — RMC 3.04.110(E)] and Kennewick [$35,000 — KMC 17.04.090(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 fbrth the proposed changes in Chapter 14.11 to establish the suggested threshold. S(a) 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 COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 14.11.010(G) entitled "Limited Public Works Process" or 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 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 39.04.350. 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: 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 ($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 aagroval 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.{ li_� e l,,,,,.a..e i - ..l lei lars 16ke ky-�- ' allr-CtW4i1-i.1--a'd Section 3. This Ordinance shall take fult 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 Rester 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 ($300,000,00), 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) Number 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 rasters 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 fbr 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 Small 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 performing 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 must 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 Mana-er 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 39.04.350. 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 ($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 contractor's 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 050,000), 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 and}naval 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. flit ti the �-4;,. , ,.,-.,,.,..t_, .,,e..r ��,�--fi+undred t1�t��E�ar+�1--dollar-�;-� -( ,;000�tr�ti-.'(-suii...3ha=l aw;te�d 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 ($3.5,000.00). The City will attempt to obtain the lowest practical price for such goods and services. (Ord. 3930, 2009; Ord. 3844, 2007) AGENDA REPORT FOR: City Council January 26, 2011 TO: Gary Crutcbfi anager Workshop Mtg.: 1/31111 Regular Mtg.: 2/7/11 FROM: Rick White, Community& Economic Development Director t SUBJECT: Delayed Street Improvements 1. REFERENCE(S): I. Proposed Ordinance 11. 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, givers the opposition of some of the property owners along the west side of the current dead-end 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 spwif-ic 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 through State law and there are few opportunities to develop a process that provides a great degree of 8(b) 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 pennittee 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 timeframe; 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." Ln 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 concurrency in the CIl' 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 UP 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 improvements 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 strategics to accommodate the impacts of development are made concurrent with the development; and, WHEREAS, RCW 36.70A.070, also specifies 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 lltvAMP44ON& Unless otherwise provided, the following development activities shall not require a coneurrcney evaluation or the payment of a traffic impact fee. (1) Neighborhood parks, boundary line adjustments, tax parcel segregations, final plats, incidental residential permits, sign permits, tenant improvements and remodels that do not result in the expansion of existing buildings. 5i sidle. _ f___ .9u ph d_.e lapfflefiff has bee it, ..._:. __ l'OF eefflpl4' 4-�A,.ee e �idk -int� -aid he a r1E for . 2 The requirement under Section 12.36.080A for adjoining street im rovements may be satisfied to accommodate a single dwelling on a lot platted prior to January 1, 2011 provided: 1 1lGJ1h'IlQLAVII 111Ji1A L s%. 11V1 G14 1V usvluµv 411V ,�.... •- .. .. .-_._____ .-..___J___ __ A. The street is included within the Citv's 6-year Capital Improvement Plan. B. The permittee pays the proportionate share of the planned street improvement to the City in coni unction with the buildin.2 permit. C. The criteria for consideration of placing a street in the Capital Improvement Plan includes but is not limited to- i. The cost of constructing the required improvement creates a dis rn gportionate burden a cai� z the p=Lt app icant; ii. The required improvement is necessary for beneficial use of the property; iii. The required improvements tivould benefit more than the permit applicant/owner: iv. The required improvement is on a collector, minor or principal arterial; v. The required improvements are unlikely to be funded through other means within the Capital Improvement Plan timetl-ame; and vi. The City will establish a latecomer agreement at the time of constructing the required improvement and has a reasonable expectation at the time the improvement is included in the CijY's Capital Improvement Plan that the City will recoup a sufficient portion of the costs of constructing the improvement. D. Nothing in this section 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 Item: Comprehensive Plan Amendment Vicinit Y A N pp ll c ant: Terry Brown Ma p File #: CPA 10-002 ui "S- } • R R9-ARL ST .�. SITE r 1. W* W r w f [F q Reference 2 - Ordinance ORDINANCE NO. AN ORDINANCE relating to comprehensive land use planning and amending the Comprehensive Plan for the City of Pasco. WHEREAS, the Pasco City Council did on September 2, 2008 adopt by Ordinance No. 3866 a Comprehensive Plan for the City; and, WHEREAS, the Comprehensive Plan adopted under Ordinance No. 3866 fulfilled State requirements under the Growth Management Act; and, WHEREAS, the Growth Management Act permits the City's Comprehensive Plan to be reviewed and updated not more than once per year; and, WHEREAS, on December 16, 2010 the Planning Commission held a public hearing to receive input on a proposed change for the Comprehensive Plan Land Use Map along the North 4`h Avenue corridor ; and, WHEREAS, following the December 16, 2010 hearing the Planning Commission deliberated on January 20, 2011 and recommended the Comprehensive Plan be amended; and, WHEREAS, the City Council finds the Planning Commission's recommendation will aid the City in anticipating orderly and coordinated development within the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. That Ordinance No. 3866 be and the saute is hereby amended to show changes in the Land Use Map of the Comprehensive Plan as indicated in Exhibit "1" attached hereto. Section 2. This ordinance shall be in full force and effect after passage and publication as required by law. 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 1 Item: Comprehensive Plan Amendment Exhibit Mixed( Residential to Commercial) N�+ 1tv Applicant: Terry Brown File: CPA 10-002 W Q D M EARL ST PEARL ST Q SITE Mixed Residential 2 � to Commercial AGATE ST Reference 3 - Staff Report MEMORANDUM DATE: January 20, 2011 TO: Planning Commission FROM: Shane O'Neill, Planner I SUBJECT: Comprehensive Plan Amendment (Terry Brown) (MF# CPA 10-0021 The applicant, Terry Brown, has applied to amend the Land Use Designation indicated on the Comprehensive Plan Land Use Map from High-Density Residential to Industrial with the intent to rezone the site to C-1 (Retail Business) to allow the site to be developed with a drive-thru coffee shop. The site, located on the southeast corner of Pearl Street and 4th Avenue, is owned by the Pasco Housing Authority and only involves the undeveloped land to the northerly of the Housing authority play field. Lying along the southern portion of the site is an old roadway belonging to the former war-time housing complex from the 1.940's. With regard to zoning and land uses, the subject site is currently zoned R-3 (Medium Density Residential) which does not permit commercial development. The site directly to the north is zoned C-1 and contains the Shamrock Tavern, The Washington State Department of Transportation (WSDOT) shops and offices are located directly to the west across 4th Avenue from the site. The WSDOT property is zoned C-3 (General Business). To the east lie BFSF owned railroad tracks/right- of-way. In terms of the originally advertised site (extending the full length of the parcel to the railroad tracks), an industrially zoned parcel also lies to the north and contains a building previously used for agricultural produce packing. There has been some recent commercial development within the general vicinity. A gas station, convenience store and laundry facility was constructed at 1949 N. 4t" Avenue. Action Towing at 1948 N. 41h has expanded with a new office and shop building. The existence of new or expanded commercial establishments demonstrates the viability of the neighborhood for commercial activities. These changing conditions lend valuable insight to the potential level of utility and need for retail businesses in this area of the community. The following Comprehensive Plan Goals and Policies are applicable to this application: LU-1-C Policy; Encourage cluster commercial development and discourage strip commercial development. 1 LU-3-B Policy: Enhance the physical appearance of development within the community through land use regulations, design guidelines, and performance and maintenance standards intruding landscaping, screening, building facades, color, signs, and parking lot design and appearance. LU 3-D Policy: Encourage mixed-use development including neighborhood scale shopping areas within planned residential developments to promote walkable communities. CF-2-A Policy: Encourage growth in geographic areas where services and utilities can be extended in an orderly, progressive and efficient manner. UT-3 Goal; Assure the provision of adequate and efficient storm water management (are met). TR-3 Goal: Beautify the major streets of the City. Commercial development of the site is supported by a variety of Policies and Goals in the Comprehensive Plan, Plan Policy LU-3-D encourages mixed-use development to promote neighborhood scale shopping areas and more walkable communities. The proposal would contribute to the advancement of this Goal due the site's close proximity to a large residential neighborhood to the west and multi-family residential development on and to the south of the subject site. Additional Policies and Goals (TR-3, UT-3, LU-1-B & CF-2-A) also support the proposal in the way that infrastructure improvements such as storm water management, sidewalks and landscaping are standard requirements of commercial development projects in the City. Encouraging commercial development on the site advances Plan Goals related to economic development and enhances the physical appearance of the community. To the north of the site, Pearl Street serves as a physical boundary to delineate land uses of different intensities and in a sense creates a buffer. If commercial/industrial land uses are permitted to extend south of Pearl Street the buffering provided by the street will be eliminated. The Municipal Code (Zoning) however, incorporates buffering standards in the landscaping regulations by requiring enhanced landscaping where a more intense land use, such as a commercial business, is constructed adjacent to a less intense use, such as a residential complex. It should be noted the Comprehensive Plan Amendment request originally proposed changing the Land Use Designation from High-Density Residential to Industrial. Upon further evaluation and analysis of the Land Use Map, it appears 2 to be more appropriate to extend the Commercial Land Use Designation from across 4th Avenue east to include a portion of the site in question. The remaining area east of 3rd Avenue could remain under the current High-Density Residential. This modification to the original request will address the applicants' needs for commercial development while maintaining control over the potential inappropriate location of industrial uses on 4t11 Avenue and adjacent to the Housing Authority play field. The site staff is recommending for a Commercial Land Use Designation can be considered part of the 4th Avenue Corridor area identified in the City's Corridor and Gateway Plan of 2008. Allowing the property to develop for commercial uses rather than industrial uses will support efforts envisioned in the Gateway Plan due to the fact commercial development requires more landscaping than industrial development, The Planning Commission will need to determine if the proposal materially alters the general intent of the Comprehensive Plan and whether or not it can be supported by the Goals and Policies of the Comprehensive Plan and the Corridors and Gateway Plan. Findings of Fact The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the public hearing. 1. The site is located on North 4th Avenue. 2, The site is current designated for high density residential development under the Comprehensive Plan. 3. The site is zoned R-3 Medium Density Residential. 4. North 4th Avenue is an arterial street. 5. North 4th Avenue south of I-182 is included as a gateway street in the City's Corridors and Gateway Plan. 6, Commercial landscaping standards require landscaping in parking lots. 7. Industrial landscaping standards do not require landscaping in parking lots. 8. A convenience store, gas station, laundry facility and automotive service facility have located a block north of the site between 2007 and 2010. 9. The site has remained vacant for the past 65 years, 10. An Industrial Comprehensive Plan Land Use Designation permits future rezones for industrial activities. 11. A Commercial Comprehensive Plan Land Use Designation permits future rezones for commercial activities. 3 F Item: Comprehensive Flan Amendment clnit y Terry Brown N MaP File #: CPA 10-002 Tuft I _PMA L ST .; ' ► ARL ST TITI SIT E LN � t `- r : �' t Fri •• ' ..� ..n.,. a Land Use Item: Comprehensive Plan Amendment Applicant: Terry Brown N MaP File ##: CPA 10-002 Current Land Use I I I V I I I rQ LEOLA ST �a �M IPEAR ST PEARL ST ITE > Qr Q Legend - � COMMERCIAL I HIGH-DENSITY-RESIDENTIAL ti INDUSTRIAL LOW-DENSITY-RESIDENTIAL MIXED RESIDENTIAL Land Use Item: Comprehensive Plan Amendment Applicant: Terry Brown N MaP File #: CPA 10-002 Proposed Land Use LEOLA ST i (PEARL ST PEARL ST - - - PITE W W W Q - Q Legend COMMERCIAL HIGH-DENSITY-RESIDENTIAL INDUSTRIAL LOW-DENSITY-RESIDENTIAL MIXED-RESIDENTIAL AC AT S F d Use Item: Comprehensive Plan Amendment Applicant: Terry Brown N Map File #o CPA1. 0-002 J AN ST Advedised Amendmen 77 L 4LA ST LIE El I I L11 ITE LE_ PE`A'RrL`;ST PEARL ST - ui EILLLU ~ W W h AL ST a` t= Legend ® COMMERCIAL HIGH-DENSITY-RESIDENTIAL 'T INDUSTRIAL LOW DENSITY-RESIDENTIAL MIXED-RESIDENTIAL Reference 4 - Minutes dated 12/16/10 Planning Commission Minutes 12-16-1D D. Comprehensive Land Use Designation change from Hib- Plan Amendment Density Residential to Industrial {Corner of Pearl St. and 4th Ave.) (Terry Brown! (MF# CPA 10-0021 Commissioner Anderson recused himself from the hearing because his employer (Pasco Housing Authority) owns the land involved in the proposed Comprehensive Plan amendment. Chairman Cruz read the master file number and asked for comments from staff. Shane O'Neill, Planner I, reviewed the written report which included information related to surrounding zoning and land uses. Mr. O'Neill indicated the original proposal to extend the Industrial Designation south into the Housing Authority property was not being recommended by staff. The recommendation was for the Commercial Designation to be extended to the east to include the site. Terry Brown (applicant), 5402 Jackson Lane, stated he was requesting the change to enable future development of the property for a coffee shop. He stated his timeframe for completion was roughly two years, but indicated he intends to begin site development in Spring of 2011. Chairman Cruz closed the hearing after three calls for comments. Commissioner Gemig moved, seconded by Commissioner Hay, to close the public hearing and schedule deliberations, the adoption of findings of fact and to develop a recommendation for the City Council for the January 20, 2011 meeting. The motion passed unanimously. Reference 4 - Minutes dated 1120111 Planning Commission Minutes 1-20-11 B. Comprehensive Plan Land Use Designation change from High- Amendment Density Residential to Industrial (Corner of Pearl Street and 4th Avenue) (Terry Brown) (MF# CPA 10-0021 Vice Chairwoman Kempf read the master file number and asked for comments from staff. Shane O'Neill, Planner I, had no further comment. Commissioner Lukins moved, seconded by Commissioner Hay, to adopt findings of fact and conclusions therefrom as contained in the December 16, 2010 staff report. Commissioner Lukins further moved, seconded by Commissioner Hay, based on the findings of fact and conclusions therefrom, the Planning Commission recommend the City Council approve the proposed Comprehensive Plan Amendment. The motion passed unanimously. AGENDA REPORT FOR: City Council �' 4 February 1, 2011 TO: Gary Crutchfiel anager Regular Mtg.: 217111 Rick White, Dir r nunity and Economic Development FROM: have McDonald, City Planner SUBJECT: COMPREHENSIVE PLAN AMENDMENT: Urban Growth Area Expansion (Road 52 and Power Line Road) (Farm 2005, LLC (MF4 CPA 10-003) I. REFERENCE(S): 1. Overview Map 2. Vicinity Map 3. Staff Memo 4. Planning Commission minutes dated 12/16/10 & 1/20/11 II. ACTION REQUESTED OF COUNCIL,/STAFF RECOMMENDATIONS: 217: MOTION: I move to accept the Planning Commissions' recommendation to deny the request for the Urban Growth Area expansion under Master File Number CPA 10-003. 111. FISCAL IMPACT: NONE IV. HIS'T'ORY AND FACTS BRIEF: A. On December 16, 2010 the Planning Commission conducted a public hearing to determine whether or not to recommend the Urban Growth Area (UGA) be expanded northerly to include an additional 160 acres at the northeast corner of Road 52 and Power Line Road. B. Following conduct of the public hearing, the Planning Commission reasoned that it was not appropriate to expand the UGA at the present time. C. No written appeal of the Planning Commission's recommendation has been received. V. DISCUSSION: A. The Pasco UGA was last expanded in early 2008. The size and shape of the 2008 expansion was based on population projections provided by the State Office of Financial Management and the capacity of the City's utility system (mainly the sewer collection system). B. Since 2008 there has been no change in the capacity constraints of the sewer collection system east of Road 60 and no change in population projections. Therefore the Planning Commission determined there were no changing conditions that warranted a modification in the size of the UGA. 10(a) i Item: Comprehensive 1 Amendment Overview 1 Applicant: UGB File CPA 10-003 MAW i�_-7L7 it, ION Zt 14 f t f f l l I+t -� - - ► lttRC�t�iklr i,l �aN=i� •ids -- � yy ' �1i S-• ��r� w—=+3.i1-'ice ._�. � --'---�Z^' '�. � � ' L�('��G!["�.7 •.,i l i �:� a - . �x� "t : • J� a ,. y ='�- '�,F .�;• >, milli��i {;+i" ff \� �s . ,. � '_�� ♦.,• t t j �• -a y ` Ar 1f{� +� /j' � •. I a � Ems. �. _ ._•. t;� - _ �. f `�� � • �,•Ay y .� , � lla i�.• ••rte. �y ly � .. � �k141" \` ' tom { ,� -�t.r�n .�, _ ii �JI t• dit^,►t J!j• ka _`. .: � \ ( t.�• t• �.� f -r'�t`—a.�.��I�b3'� �,��1���_'�����(i•'� y1•aLi ^�.+ '1• •`a�.�;'S.� • �I�"a i. .. rte'.n'�'i'�.�" ,;y,.w,����fl�+�l�:" uiiO� �`A,�Jr'�•j. E«°,..31.���c+�a�'st�i+�l '�C�"`at't'��•F��° �.'�'�,�14�?,,�►��,;.^__ r.g, • Vicinity Item: Comprehensive Plan Amendment Applicant: Kidwell _. Map File _ CPA 10-003 ra 'i ASKS Y Or W . - WON r r 1{fIC.�'i i�. � �; '• _ ! , , rw♦t rM a"w lli3l• rAs ■.aid..• :..^a..�. �I .minx ITS rl: - y, as:ac:ak a �' lltM4li9! i1t,�1 S tN.NiIa.fNa1>irNgN.il[aN.a.aN.[naau� r"a'/s•.,!S!J?Iq..�:i '(w♦��Yrw.r•.wti w .si•r Qww, ■O/?A y1ilY�ifi l i�Y' .� �y•ry .a i"aNiAd. !i IF , _ ,. .lfirf4wNtNa �. a,,. ii r 7' .:� Z/NU61iw�i3'i:� iYl V ♦ i♦ i tr '0 rw rr!111111 ■a► � a1. av .2 w do � ,� s■aaf!![ilapn"��: ZT---� �»<W= r•'•i r �w i r JI![N!Y 1~a' '��:rr :� !!/i:i-�I>i✓s�ii..: .r�l:t!iii '�� t tfi �t t f , • 1 .4sN/taaae9f t�ti :••::: + s�.�. i 'rte ii 1•a 'w !l191i1r!!N b�t° ,r.yi�flill�erA iN ✓itiFii: i.l:w'• �: .,une,:,+• • �� a yw .w r� r 111111:11M. '♦ r ��� N Jr rw it .. •.p., �Y 3 ..ASai�i/aJi:iJ M �1�� i=..:�l3 r,irGlf rarr>IaN auriiiir afid�f.ra r wu a.•.•�w ire � . sNIl1 _ . �.. —_�... �., uGir.. a.':.. - .,�:ia� Reference 3 - Staff Memo MEMORANDUM DATE: January 20, 2011 TO: Planning Commission FROM: Dave McDonald, City Planner SUBJECT: Urban Growth Area Expansion (MF# CPA10-003 Farm 2005 LLC Farm 2005, LLC., the owner of 160 acres of farm land directly north of the City limits, has applied for a Comprehensive Plan Amendment that would revise the Urban Growth Area (UGA) to include 160 acres currently outside the Pasco UGA. The property in question is located at the northeast corner of Road 52 and Powerline Road. The following provides the historical background on Urban Growth Areas and may help with arriving at a recommendation on this request. The 1990 Growth Management Act (GMA) required the establishment of Urban Growth Areas (UGA's) around urban centers throughout the State. Urban Growth Areas have become a key component in managing urban growth within Washington. Urban Growth Areas define the area in which a community is to encourage higher density urban development and the area in which urban services can be supported and promoted. Land located outside UGA's are to be reserved for the promotion of rural density and functions. By directing growth to UGA's natural resource lands such as farm lands and forest lands can be conserved and the character of rural areas can be maintained for future needs. Pasco's first Urban Growth Area was established in April of 1993 and has been modified only three times since then. The designation of the Pasco UGA was not only guided by the GMA Goals (see attachment 91), but also by the provisions of RCW 36.70A.110 the most pertinent portions of which are as follows: • Each county that is required or chooses to plan under RCW 36.70A.040 shall designate an urban growth area or areas within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature. • Each city that is located in such a county shall be included within an urban growth area. • An urban growth area may include territory located outside of a city only if such territory already is characterized by urban growth 1 whether or not the urban growth area includes a city, or is adjacent to territory already characterized by urban growth, or is a designated new fully contained community as defined by RCW 36.70A.350. • Based upon the growth management population projection made for the county by the Office of Financial Management, the county and each city within the county shall include areas and densities sufficient to permit the urban growth that is projected to occur in the county or city for the succeeding twenty-year period, except for those urban growth areas contained totally within a National Historical Reserve. • Each city must include areas sufficient to accommodate the broad range of needs and uses that will accompany the projected urban growth including, as appropriate, medical, governmental, institutional, commercial, service, retail, and other non-residential uses. • Each urban growth area shall permit urban densities and shall include greenbelt and open space areas. • An urban growth area determination may include a reasonable land market supply factor and shall permit a range of urban densities and uses. In determining this market factor, cities and counties may consider local circumstances. • Urban growth should be located first in areas already characterized by urban growth that have adequate existing public facility and service capacities to serve such development, second in areas already characterized by urban growth that will be served adequately by a combination of both existing public facilities and services and any additional needed public facilities and services that are provided by either public or private sources, and third in the remaining portions of the urban growth areas. Urban growth may also be located in designated new fully contained communities as defined by RCW36.70A.350. • In general, cities are the units of local government most appropriate to provide urban governmental services. In general, it is not appropriate that urban governmental services be extended to or expanded in rural areas except in those limited circumstances shown to be necessary to protect basic public health and safety and the environment and when such services are financially 2 supportable at rural densities and do not permit urban development. Based on State law, the Pasco UGA is to include all lands within the city and may include lands outside the City if the lands are urban in nature. Development within the UGA is to occur first on lands that currently have adequate public facility and service capacities and secondly on lands that will be served adequately in the future. The UGA needs to contain a sufficient amount of land to accommodate expected growth for the 20 year planning horizon. The expected growth is determined by county wide population projections prepared by the State Office of Financial Management (OFM). In addition to the population projections the city must also considered land needs for parks, school, retail businesses, offices, industrial buildings and other land uses. In the determination for UGA land needs local market supply factors may also be considered. The population projections provided by the State Office of Financial Management for Pasco's 20 year planning horizon (2007-2027) indicates Pasco's UGA population could be about 87,300 by 2027. Adjusted for growth since 2007 the OFM projections indicate an additional 24,600 people need to be accommodated within the UGA by 2027. The UGA will therefore need to include enough land area to accommodate another 24,600 people by 2027. Housing needs are the main contributors to the need for expanding the UGA. Various land use studies [APA Memo (Bringing land use ratios into the 90's) 19921 show that approximately half of all developed lands within American cities are devoted to residential uses. The other half is occupied by streets, open space, schools, and parks, industrial and commercial activities. Approximately one third of Pasco's land area is zoned for industrial development, and as much as 65 percent of the designated industrial lands are currently vacant. The eastern boundary of the current UCSA includes an additional 1,000 acres of sparsely developed industrially designated lands east of the City limits. Approximately nine percent of Pasco is currently zoned for commercial development. In 2003, the City Council commissioned a study of future commercial land needs. The study prepared by Huitt-Zollars (2003) indicated the City of Pasco had enough commercially designated (by zoning or Comp. Plan designation) land in the main growth corridor (1-182 Corridor) to fulfill future commercial service needs through the year 2050. With considerable industrial/commercial land available for future needs the primary need for additional lands within the Pasco UGA is for the accommodation of residential development. 3 As a part of the 2007 Comprehensive Plan update it was estimated, (Appendix III-Urban Groasrth Area Expansion) based on the OFM population projections, 9,300 to 9,500 new housing units would need to be constructed in Pasco by 2027. In 2007 it was determined that the then existing Pasco UGA could absorb an additional 6,400 single-family dwelling units. To accommodate future growth as determined through State mandated population projections the Pasco UGA was expanded by approximately 1,100 acres. This expanded UGA includes about 730 acres for additional housing, 150 acres for schools, parks and other community facilities and 220 acres for market supply factors. A local market supply factor is permitted under (RCW 36.70A.110 [2]). The Office of Financial Management has not provided any addition population projection since 2007. As a result no justification exists on which to base the need for an expanded UGA over and above the expansion that occurred in 2008. The actual growth rate (based on housing starts) for Pasco since 2007 has not exceeded the State population projections. Population projections are only one of the factors which must be considered in establishing an UGA. Another important factor is the availability and capacity of the City's utility system. The proposed UGA boundary amendment is located east of Road 60 and north of I-182. The main sewer trunk line serving properties generally east of Road 60 and north of 1-182 was designed to accommodate development within the UGA established by Franklin County in 1992 and re-established in 2004. This trunk line can serve approximately 1,000 more residential housing units. The three major developments (Loviisa Farms, Northwest Commons & First Place) yet to be built in this area will consume the reserve capacity in the trunk line. There is little capacity available for the trunk line to serve property beyond the existing UGA at Power Line Road. The sewer service capability beyond the current UGA east of Road 60 is further complicated by topography. The ground elevation north of the present UGA (in the area of the applicant's property) breaks and falls off sharply to the east. Providing sewer service in this area would be problematic. A major lift station would be needed. However, lifting waste up to a trunk line with no capacity is not an option. In 2001 the City of Pasco installed a significant sewer trunk line west through the southern portion of West Pasco to the intersection of Court Street and the 1-182 bridge. This line was designed arith excess capacity to serve properties west and north of Road 100 (Broadmoor Blvd.). The trunk line extending north from Argent Road in the vicinity of Road 72 was also designed to serve properties to the north of Sandifur Parkway west of Road 68. The current sewer system has capacity to serve additional growth west of Road 68 but little to no capacity to serve additional properties north of the existing UGA east of Road 60. 4 The City's domestic water system has more flexibility for expansion with a couple of water reservoirs close to the northern UGA boundary. However, emphasis has been placed on expanding the system to serve properties west of Road 68. A new water filtration plant and reservoir was constructed on Court Street near Road 111 this past year. The 2008 expansion of the UGA boundary on the western edges of the community was based in part on the increased water capacity that would be provided by the new plant on Court Street. The Franklin County PUD and Big Bend Electric built a new substation north of the Columbia Place subdivision (west of Road 68 north of Snoqualmie) in 2004. This substation was built to provide additional electrical capacity for the area west of the substation and generally north of Sandifur Parkway. In addition to population projections and utility service capacities, transportation facilities was another factor considered for the 2008 UGA expansion west of Road 68. The Comprehensive Plan has long called for the extension of Road 100 (Broadmoor Boulevard) to the north. Franklin County has included this extension in its six year street plan and has designed the extension. The Broadmoor Boulevard extension to Dent Road will be completed in 2012. The completion of the connection north to Dent Road and the planned connection to Dent Road to the west will increase traffic capacity on Broadmoor Boulevard north of Sandifur Parkway. This increase in capacity will generate interest in development near the Road 100/1-182 Interchange. Additionally, the completion of signalization and slip ramps on' the Road 100/I-182 interchange in the summer of 2007 combined with the construction of the west bound on ramp increased the capacity and safety of the interchange. The GMA requires internal consistency between City planning documents. While planning is currently underway for utility expansion westward and near Broadmoor Boulevard there has been no planning effort related to expanding water and sewer plans beyond the current eastern UGA to the east of Road 68. Findings of Fact The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the public hearing. 1. The GMA (RCW 36.7OA.110) requires the establishment of Urban Growth Areas. 2. The goals of the Growth Management Act related to UGA's include: i) Encouraging development of urban areas where adequate public facilities and services exist or can be provided in an efficient manner; ii) Reducing the inappropriate conversion of undeveloped land into sprawling low-density development; and, iii) Maintaining and enhance 5 natural resource based industries, including productive timber, agriculture, and fisheries industries. 3. Each city located in Franklin County must be included within a UGA. 4. UGA's are to encompass lands within the City's recognized utility service area. 5. UGA's may include portions of the County already characterized by urban growth. 6. Designated Urban Growth Areas are to include enough undeveloped land to adequately accommodate forecasted growth for a 20 year planning period. 7. Forecasted growth is determined by population projections provided by the State Office of Financial Management. 8. The GMA mid-range population projections for the County anticipate Franklin County will grow to over 100,000 people during the 20 year planning horizon for Pasco. 9. For planning purposes during the development of the 2007 Comprehensive Plan update, City and County Planners assume 85 percent of future population growth in Franklin County would occur in the Pasco UGA. 10. Pasco's UGA population is expected to be about 87,300 by 2027. 11. The Pasco UGA was increased by over 1 ,100 acres in 2008 to accommodate the population growth eliminated by the Office of Financial Management. 12. The 2008 UGA expansion included acreage for housing, parks schools, streets and other public facilities. 13. The 2008 UGA expansion included 220 acres of additional land for local market factors. 14. The Office of Financial Management has not provide any additional population projections since 2007. 15. The main sewer trunk line that runs north of the freeway (1-182) west of Desert Plateau (in Madison Ave.) was designed to serve only those areas within the current UGA. 16. Housing units approved with preliminary plats east of Road 60 and north of I-182 will consume the line capacity of the Madison Avenue trunk line. 17. Topography at the north end of Section 11, Township 9 North, Range 29 East makes it impossible to install a gravity flow sewer system in that part of the community. 18. The sewer trunk line running along the north side of the FCID irrigation canal west of Road 72 has additional capacity. 19. The main West Pasco sewer trunk line running west along Sylvester Street, the Columbia River shoreline and Court Street currently has excess capacity. 20. The West Pasco sewer trunk line extends west on Court Street to the Richland Bridge. 21, The West Pasco trunk line at the Richland Bridge is 13 feet deep. 6 22. The City Public Works Department has undertaken studies for sewer routes and needs for areas west of Road 76. 23. Franklin County will be extending Broadmoor Boulevard north to Dent Road next year 24. Franklin County will also be connecting Broadmoor Blvd with Dent Road to the west. 25. The Road 68 to Broadmoor Boulevard connection along the north city limits may be built within the next 5 years. 26. The Road 100 Interchange is located at the geographic center of the Tri-Cities. 27. The City's Public Works Department has begun preliminary planning for the location of a new waste water treatment plant to be located west of Road 100. 28. A new electrical substation is located just north of the City limits west of Road 68 Conclusions Based on the GMA population projections for Franklin County the City of Pasco must plan for an additional population of about 31,000. The City and Franklin County properly considered state population projections and increased the Pasco UGA in 2008 to accommodate urban growth. Utility capacities, construction of a new water plant and planning for a new sewer plant along with planned street network improvements factored into the 2008 UGA was expansion west of Road 68. Utility and street planning has not changed since 2008. Absent new or additional population projections from the Office of Financial Management there is no justification to expand the Pasco UGA. Recommendation MOTION for Findings of Fact: I move to adopt the findings of fact and conclusions as contained in the Urban Growth Area Expansion Staff Memo dated January 20, 2011. MOTION for Recommendation: I move based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council deny the request for the Urban Growth Area expansion under Master File number CPA 10-003. 7 Attachment# 1 Franklin County Urban Growth Area Policies POLICY No. 2 Policies to Implement RCW3b.70A.110 relating to the establishment of Urban Growth Areas. A. Each City within Franklin County will be included within a designated urban growth area. B. Designated urban growth areas should include an amount of undeveloped area to adequately accommodate forecasted growth and development for the next 20 years. C. Designated urban growth areas should include those portions of the county already characterized by urban growth and having existing public facilities and service capacities to serve existing and fixture growth. D. Designated urban growth areas should include those areas that are within the recognized utility service areas of each City. E. The size of urban growth areas will vary due to regional settings and should be adequate to promote viable economic development strategies promote choices in housing accommo dal ions and insure adequate lands are available for associated open spaces and public purposes. F. When each Ciol and the counly have jointly established development regulations for unincorporated lands within urban growth areas. The boundary review board shall be discontinued. G. Municipalities should limit the extension of water and sewer service to areas within each jurisdiction's urban growth boundary. Comprehensive Plan Amendment Vicinity Iteme Applicant: Thomas Kidwell 1 File CPA 10-00 0 1 IMAM WN AN FA � SIR am Iu=oaim sx i •" rt /r/I= r C S■ SS /u/_ i, fez .% w +.■ ++ o w■ +w Illlls^� f all •• •� ' tllilil4\r' �+y at� • sr+ ew ..a. 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'■. � llllfiiil IN��1�� t. , /iYq%GirG9rii_srf yVA +■id• � � '•#t _•_.—___• t •�����I � � ��fF'�iiiiiifis���rwrf ,r;r :.ii.4T5iai,Y111{�jt itir.�urrla/+• r/0rsr�r"` � �; s i rtri//Yrl iiti/tr�fm�ru..��/a: a w ..... ,. a ■rerrrrraW• ♦ �• '�li/!sr/h sirai[iyi/ LIf tliNr::oe/� s os•. „'ss'r yr i�lrSffD N'lrtF�. -.-�w.■.a.lrff/ � '♦, rtaasrrasstf t/nfi dm-'. .a.rw1 +��i fr2a Fri .axlartrsrrtNi _- s`;j; y■.�;iNHItT tj ti' a O/rlllllllii::bi rs►. •_rr «r .y l�sait�tiltlirs�,• D■' .. r s .:'..�x,,,!�'1 1���� ��e.s•�i R�M-riitIitYi/f iYa s"sYeefttart�.i/i�4•E'ard iiwr i -+7 a..r.0, r;■s w.�5.�i. r�Yr`te■l F.F♦4•+*.s`?,y: �:a Y!11 1//1Iil lii/i�lfi3ll MliiF sr r A ii�lI illr!il�/i.� �s■c d frl ,�w;I�frlNrr;r��r�fa lr:I�wir l'J r sM■:'��G�is/rm�ifMlNAM 3 v+fza��3] r i. �..■r,:r 4f�I �.w�fAi.► �t _t Item: Comprehensive Plan Amendment Overview Applicant: Thomas Kidwell N . UGB File-#-, CPA 10 01 1 J p t t --mom, -ys- I �1����►'.rn1l/t��r�anr ��61� •Y 'All lose •►' � � :ill' , oillr, , Sp tI,r r !€v { Y lig ' ' _ �' • r :, n t °� � - --- jai s_ g• •L f �1 �, ���,1� `�"�'� 1 �� t�+ �e�. 1'��r 1^f.- _ ,1 �.�,., ._ I'-,',• •-]�' • 1. _ �. 1 �w•'Y :ht.'-:YS!� WM T�•3�II��Ii.T a:-v.ir ��"7-i4a F. � '�' � I Overview City Applicant: Thomas Kidwell N Limits File #: CPA 10-003 �;�� _.. iii•'- .� �� ; l•.1/011t!tS�N._^�_� '� �lf°9t�i! 11uVr�4! � -rim IL jr 17, AI ,' - �I .,tea[ ��. rd J.•. " ,�:� � 4.r1.•. T s _ 4 .w �' e' '4.,� - / is '• .1 �� _ - +'ei`ifi+�*c„lC+f�.1�r. REFERENCE 4 PLANNING COMMISSION MINUTES Dated December 16, 2010 E. Comprehensive Urban Growth Area Expansion (Road 52 & Plan Powerline Road) (Farm 2005, LLC) IMF # CPA Amendment 10.003) Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, provided background information on the Growth Management Act as it applies to Pasco. Urban Growth Areas are the principal tool which communities around the State use to manage growth. Urban Growth areas are to include enough land to accommodate population growth as estimated by the State Office of Financial Management (OFM). The OFM estimates indicate that over the current planning horizon from 2007 to 2027 the City will grow by an additional 30,000 people. The 2008 Comprehensive Plan was updated to include an additional 1,100 acres to accommodate the project population increase. Mr. McDonald also discussed utility constraints and future street improvements within the UGA. It was pointed out that the current sewer system east of Road 68 cannot accommodate any additional development north of the current UGA boundary. Without new population projections there is no justification to expand the Urban Growth Area. Chairman Cruz opened the public hearing. Jason Maddox; Meier Architecture and Engineering, 8697 Gage Blvd., reviewed the Office of Financial Management projections and explained they underestimated Pasco's population growth. Mr. Maddox explained the City of Pasco's Comprehensive Plan states the size of Urban Growth Areas can vary due to regional settings and should be adequate to promote viable economic strategies, promote choices in housing accommodations and ensure adequate lands are available for associated open spaces and public purposes. He then explained how expanding he UGA boundary would support viable economic development strategies in the area by creating additional housing to support commercial development on Road 68. Mr. Maddox also discussed water rights and transportation improvements that would be associated with development of the site. Mr. Maddox felt that the site was the last viable piece of land to potentially develop for single-family homes. Chairman Cruz called for further public comment and with no response, the public hearing was closed. 1 REFERENCE 4 PLANNING COMMISSION MINUTES Dated December 16, 2010 Commissioner Lukins questioned the special permit approval for the middle school and mentioned the housing to be built surrounding the school. He questioned why the area to the north was not being included in the Urban Growth Area. Mr. McDonald stated the School District was encouraged to find another location which was not on the border of the Urban Growth Boundary when they were looking for a school site. The area to the north was not included in the current UGA boundary because of the lack of capacity in the sewer system east of Road 68. Mr. Maddox provided some additional comments about septic systems and other options for sewer. Sewer lines east of the airport are reserved for industrial development. Commissioner Anderson moved, seconded by Commissioner Hay, to close the public hearing and schedule deliberations, the adoption of findings of fact and develop a recommendation for the City Council for the January 20, 2011 meeting. The motion passed unanimously. 2 REFERENCE 4 PLANNING COMMISSION MINUTES Dated January 20, 2011 C. Comprehensive Plan Urban Growth Area Expansion (Road 52 and Amendment Powerline Road) (Farm 2005, LLC) (MF# CPA 10-003) Vice Chairwoman Kempf read the master file number and asked for comments from staff. Dave McDonald, City Planner, had no further comments. Commissioner Lukins stated he supported the Urban Growth Area expansion. Commissioner Greenaway agreed with Commissioner Lukins. Mr. McDonald stated the problem with the proposal was the fact that services are not available to the site. The property in question was not included in the Urban Growth Area previously because of the lack of sewer capacity east of Road 68. Commissioner Anderson agreed with the Commissioners Lukins and Greenaway however there is no sewer capacity available and including the site in the Urban Growth Area would add a burden to the City. Vice-Chairwoman Kempf stated she agreed with Commission Anderson and did not see a need to expand the Urban Growth Area at the present time. Commissioner Anderson moved, seconded by Commissioner Hay, to adopt the findings of fact and conclusions as contained in the Urban Growth Area Boundary Staff report dated January 20, 2011. The motion was unanimously approved Commissioner Anderson further moved, seconded by Commissioner Hay, based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council deny the request for the Urban Growth Area Expansion under Master File # CPA 10-003. Commissioners Anderson, Hay and Kempf vote aye. Commissioners Lukins, Greenaway and Gernig voted nay, The motion failed Commissioner Lukins asked staff if the City had to plan for the area if it was included in the Urban Growth Area. Mr. McDonald stated yes, the City would be required to plan for utilities and streets. Mr. McDonald explained the ongoing efforts taking place to plan for utilities west of Road 68 to accommodate the expanded Urban Growth Area that was added in 2008. 1 REFERENCE 4 PLANNING COMMISSION MINUTES Dated January 20, 2011 Commissioner Anderson stated adding the area to the Urban Growth Boundary would burden the City with the cost of utility planning for the area. Commissioner Anderson felt the issue could be reviewed in a few years. Mr. McDonald stated there was one additional issue that needed to be considered and that was the population projections provided by the State. The City is required to use those population projections for planning purposes and in establishing the Urban Growth Boundary. The projections have not changed since the current Urban Growth Area was established. Commissioner Lukins stated he understood the utility issue and after hearing Commissioner Anderson's statement he would change his vote. Commissioner Lukins further asked when the next Urban Growth Area review would take place. Mr. McDonald stated the next major Comprehensive Plan update was scheduled for 2014. Annual amendments can also be considered Mr. White stated that 2014 would be next time population estimates would be provided. Commissioner Greenaway asked what the population growth would be for 2014. Mr. McDonald stated the 2010 to 2027 estimated was approximately 30,000 additional residents. Commissioner Greenaway asked what the current population was. Mr. McDonald stated 56,300. Commissioner Greenaway stated she would rescind her vote. The Planning Commission reconsidered their action and unanimously approved Commissioner Anderson's original motion to recommend denial for the Urban Growth Area Expansion request under Master File # CPA 10-003. 2 AGENDA REPORT NO. 02 FOR: City Councils February 2, 2011 1 TO: Gary Crutchfi Manager Ahmad Qayoumi, b is Works Director FROM: Jess Greenough, Public Works Operations Manager Regular Mtg.: 2/7/2011 SUBJECT: Award Rebid of Desert Sunset Well House,Project No. C4-10-03-IRR I. REFERENCF(S): 1. Bid Summary 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 02/07: MOTION: I move to award the low bid for Rebid of Desert Sunset Well House, Project No. C4-10-034RR to Winthrop Construction, Inc. in the amount of$74,100.00, plus applicable sales tax, and further, authorize the Mayor to sign the contract documents. 111. FISCAL IMPACT: Utility Fund IV. HISTORY AND FACTS BRIEF: A) This project involves the new construction of a covered block building and installation of various appurtenances for noise control around the existing irrigation well in Casa Del Sol Park, 4802 Laredo Drive. V. DISCUSSION: A) On February 2, 2011 staff received four (4) bids for Rebid of Desert Sunset Well Ilouse, Project No. C4-10-03-IRR. The low bid was received from Winthrop Construction, Inc. in the amount of $74,100.00, plus applicable sales tax. The second lowest bid received was in the amount of $78,200.00, plus applicable sales tax. The Engineer's Estimate for the project is $112,500.00, plus applicable sales tax. B) There were two additional bid packages received. One was considered non responsive due to missing required forms. The other bid package was not accepted because the contractor was not listed on the plan holders list. Staff recommends award of this contract to Winthrop Construction, Inc. 10(b) City of Pasco Rebid of Desert Sunset Well House Project No. C4-10-03-IRR February 2, 2011 BID SUMMARY Total Engineer's Estimate $112,500.00 1. Winthrop Construction, Inc. $741100,00 2. LDF Concrete LLC $78,200.00 3. Knerr Construction $93,831.84 4. Centerline Construction & Design, Inc. $105,500.00 _____� DESERT SUNSET WELL HOUSE 4802 LAREDO PRO WE M 17F VICINITY MAP