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HomeMy WebLinkAbout2011.08.22 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. August 22,2011 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) Medical Marijuana (MF #CA2011-003): 1. Agenda Report frond. Rick White, Community & Economic Development Director dated August 17, 2011. 2. Proposed Resolution. 3. Proposed Work Plan. (b) 2012 HOME Fund Allocations and Annual Work Plan(MIT#BGAP2011-004): 1. Agenda Report from Angela Pitman,Block Grant Administrator dated August 18, 2011. 2. Resolution Allocating 2012 HOME Funds. (c) 2012 Community Development Block Grant (CDBG) Allocation and Annual Work Plan (MF#BGAP2011-003): 1. Agenda Report from Angela Pitman,Block Grant Administrator dated August 10, 2011. 2. 2012 CDBG Fund Summary. 3. 2012 CDBG Summary of Proposals. 4. Planning Commission Minutes dated 6/16/11 and 7/21/11. 5. Resolution No. 1969. (d) Capital Improvement Plan: 1. Agenda Report from Gary Crutchfield, City Manager dated August 16, 2011. 2. Proposed Capital Improvement Plan 2012-2017 (Council packets only, copy available for public review in the City Manager's office, the Pasco Library or on the city's webpage at http://www.ya sco-wa.Gov/index.aspx?NID=255). 3. Proposed Resolution. (e) Lewis Street Land Acquisition/Relocation Services: 1. Agenda Report from Stan Strebel, Deputy City Manager dated August 9, 2011, 2. January 6, 2010 Agenda Report. 3. Exhibit"A"(5110/11) HDR Estimate of Additional Acquisition Services. 4. June 1, 2011 letter from HDR on Out-of-Scope Services. (f) 4th Avenue Corridor Enhancement Project(South): 1. Agenda Report from Ahmad Qayoumi,Public Works Director dated August 16, 2011. 2. Vicinity Map. 3. Professional Services Agreement, (g) Franklin County Master Mutual Aid Agreement: 1. Agenda Report from Bob Gear,Fire Chief dated Aub ist 15, 2011. 2. Franklin County Master Mutual Aid Agreement. (h) PMC Amendments on Criminal Background Checks: 1. Agenda Report from Stan Strebel,Deputy City Manager dated August 11, 2011. 2. Proposed Ordinance. (i) Outdated PMC Chapter, 1.08 Elections: 1. Agenda Report from Stan Strebel,Deputy City Manager dated August 3, 2011. 2. Proposed Ordinance. 3. PMC Chapter 1,08. (j) Bargaining Contract for Code Enforcement Officers and Permit Technicians: 1. Agenda Report from Lynne Jackson,Human Resources Manager dated August 3, 2011. 2. Proposed Collective Bargaining Agreement (Council packets only; copy available for public review in the Human Resource office, the Pasco Library or on the city's webpage at htty://www,pasco-wa.eov/DocuinentView.aspx?DID=3664). Workshop Meeting 2 August 22, 2011 5. OTHER ITEMS FOR DISCUSSION: (a) (c) 6. EXECUTIVE SESSION: (a) (b) (c) 7. ADJOURNMENT REMINDERS: 1. 4:00 p.m., Monday, August 22, Ben-Franklin Transit Office — Hanford Area Economic Investment Fund Committee Meeting. (COLNCILMEMBER AL YENNEY,Rep.; SAUL MARTS EZ, Alt.) 2. 12.00 p.m., Tuesday, August 23, Richland Red Lion — Rotary Presentation. (MAYOR MATT W ATKINS) 3. 7:30 a.m., Thursday, August 25, 7130 W. Grandridge Blvd—Tri-Cities Visitor& Convention. Bureau Board Meeting. (COLNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.) 4. 4:00 p.m., Thursday, August 25, 7130 W. Grandridge Blvd — TRIDEC Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.) 5. 5:30 p.m., Thursday, August 25, 710 W. Court Street — Benton-Franklin Community Action Committee Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBFCCA FRANCIK, Alt,) 6. 5:30 p.m., Thursday, September 1, Parks & Rec. Classroom —Parks & Recreation Advisory Council Meeting. (COUNCILMEMBER SAUL MARTINEZ, Rep.; MIKE GARRISON, Alt.) The next City Council meeting will be held Tuesday, September 6,2011 AGENDA REPORT FOR: City Council/� August l?, 2011 I'U Gary Crutch Manager Workshop Mtg.: 8/22/11 FROM: Rick White, ,r Community&')economic Development Director Q V-f SUBJECT: Medical Marijuana WF4 CA2011-0031 9'- 1. REFERENCE(S): 1. Proposed Resolution 2, Proposed Work Plan I1. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS: 8/22: DISCUSSION IIl. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. in 1998 Initiative 692 was passed by Washington voters that permitted the use of marijuana for medicinal purposes. The Initiative was codified as Chapter 69.51A of the Revised Code of Washington even though marijuana still remained illegal under the Federal Control Substance Act. B. In 2007, the State Legislature clarified RCW 69.51A by determining that a medically authorized person could posses a 60-day supply of medicinal marijuana. However, cultivating marijuana still remained a felony under Federal law. C. The 2011 the State Legislature attempted to address this through Engrossed Second Substitute Senate Bill (E2SSB) 5073 which passed the Legislature in April of 2011. This bill provided for collective gardening of medical marijuana and allowed local cities and counties to adopt coning and health regulations governing the production and distribution of medical marijuana. D. A majority of E2SSB 5073 was vetoed by Governor Gregoire. Section 403 remains in place Which allows qualifying patients to jointly maintain collective gardens for cultivating cannabis for medical use. The legislation also permits growing marijuana in collective gardens with no more restrictions than it cannot be grown in public view and contain no more than 15 plants per patient up to a total of 45 plants. E2SSB 5073 went into effect on July 22,2011, L. City Council approved Resolution 3330 on July 18, 2011 establishing a 6 month moratorium on collective inedical marijuana gardens in all zoning districts and held a public hearing on the moratorium on August 15,2011, V. DISCUSSION: A. Cities may impose reasonable restrictions through zoning regulations on collective medicinal marijuana gardens. The restrictions must serve a legitimate government interest and be reasonably calculated to achieve that government interest. The moratorium established through Resolution 3330 provides the City time to establish a work plan for developing appropriate regulations for collective gardens. B. Staff has prepared a proposed resolution retaining the moratorium for Council consideration, A proposed work plan has also been prepared which depicts the staging expected for adoption of appropriate regulations for collective medical marijuana gardens (Reference 92). Council has the option of extending the 6 month moratorium based on the work plan. Extension of the moratorium for up to 12 months could accommodate the changes in State law expected as a result of the 2012 Legislative Session. 4(a) RESOLUTION NO. A RESOLUTION OF THE CITY OF PASCO ADOPTING FINDINGS IN SUPPORT OF RETENTION OF THE MORATORIUM PROHIBITING MEDICAL CANNABIS COLLECTIVE GARDENS IN ALL ZONING DISTRICTS WITHIN THE CITY. WHEREAS, the Washdngton legislature by Engrossed Second Substitute Senate Bill 5073 (the Medical Cannabis Bill) provided for the establishment of State regulated medical cannabis dispensaries and collective cannabis gardens to provide a source of medical cannabis for qualifying patients, however, Washington Governor Christine Gregoire vetoed significant portions of the Bill including all State agency regulations of the production, processing and distribution of medical cannabis; and WHEREAS, as a response to the Governor's veto, the legislature attempted, in the last hours of the 2011 legislative session to introduce Senate Bill 9555 addressing the concerns raised by the Governor's veto, however, this Bill did not survive the closing of the legislative session and, therefore, further legislative action is unlikely until the convening of the 2012 legislature; and WHEREAS, the portions of the Medical Cannabis Bill that survived the veto permits collective cannabis gardens subject to the City's determination of appropriate zoning, business liCCr1SC, health and safety requirements to serve the best interests of the City;and WHEREAS, the veto of major sections of the Medical Cannabis Bill has resulted in great confusion as to its application and future legislation including a recently filed Initiative which raises further questions in regards to the future effect and application of this act; and WHEREAS, it is anticipated that collective cannabis gardens will require an increased risk to health and safety, require increased code enforcement activities, and affect the use and enjoyment of surrounding properties without appropriate regulations;and WHEREAS, the City Council has determined that it is in the best interest of the City that the moratorium be retained to provide the City an opportunity to develop appropriate regulations for such collective gardens,and to develop a work plan for the implementation of such regulations; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. The City of Pasco makes the following findings. A. The City of Pasco does not currently have specific regulatory provisions addressing the conditions or locations of collective cannabis gardens within the City. B. The City adopted a moratorium on collective medicinal marijuana gardens in all zoning districts through City of Pasco Resolution 3330 on July 18,2011 and heard citizen comments that medical marijuana dispensaries are needed for residents of the greater Pasco—Kennewick—Richland area and that currently, medicinal marijuana users must resort to illegal means to secure medicinal mari i uana. Resolution - 1 C. The City of Pasco held a public hearing on the propriety of the moratorium on August 15, 2011 and received a report from staff on issues of concern related to collective medicinal marijuana gardens, and heard testimony from 1 citizen relating to the contradictions within State law, the need for collective medicinal marijuana gardens, the adverse effects of resorting to illegal means of procuring medicinal marijuana, the need for building and zoning regulations for collective gardens and the potential positive financial impact of taxing medicinal marijuana. D. The City Council finds that zoning, licensing and permitting regulations should be established, pending review of appropriate locations and other requirements for collective gardens, and the impacts of the newly amended law and its interaction with federal law must be compared and analyzed. E. The City must ensure that proposed locations for collective gardens are appropriate and that any potential secondary impacts arising from the operation of collective gardens are minimized and mitigated. These secondary impacts include, but are not limited to burglaries associated with the marijuana maintained on the site, or an increase of other illegal activities, such as drug use, within the vicinity of collective medical marijuana gardens. F. The Pasco Police Department (PPD) has expressed concerns that collective medical marijuana gardens will invite vandalism, theft and trespass and compromise neighborhood safety and has expressed the need for development of regulations that will minimize these expected impacts, Section 2. Moratorium Retained. The moratorium established by Pasco Resolution 3330 on July 18, 2011 is retained prohibiting the establishment, maintenance, cultivation,or operation of a collective garden for growing medical cannabis as defined by Section 1, Subsection 2 of the Engrossed Second Substitute Senate Bill 5073 and RCW 69.51A.010 as amended, within all zoning districts within the City of Pasco. Section 3. 'term of Moratorium. The moratorium imposed by Resolution 3330 shall continue in effect for an initial period of months, unless repealed, extended, or modified by the City Council after a public hearing and the entry of appropriate findings of fact as required by RCW 35A.63.220, provided, however, that the moratorium shall automatically expire upon the effective date of zoning regulations adopted by the City Council to address collective gardens for medical cannabis within the City of Pasco. Section 4. Effective Date. This Resolution shall be in full force and effect upon its passage and signature below. PASSED by the City Council of the City of Pasco this day of_ 2011. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L.Clark,City Clerk Leland B. Kerr, City Attorney Resolution -2 August 2011 Medical Marijuana Proposed Work Plan The following steps are intended to identify the expected process of creating legislation unique to the City of Pasco's needs and legislative priorities. I, Research cities/states with similar eircumstancesllaws pertaining to medicinal marijuana. 2, Research Washington Cities Insurance Association, Association of Washington Cities and the Municipal Research and Service Center to determine latest developments,cautions, examples and experiences in regulation of medicinal marijuana. 3. Research current State law and reconcile the discrepancy of federal laws concerning cultivation,possession and distribution of medicinal marijuana,the question of precedence of State versus federal law and the risk of prosecution to City personnel implementing State law. 4. Involve City Departments to determine the extent and degree of intervention needed from a licensing, taxation, code enforcement, crime prevention, public safety(police and fire protection)and zoning standpoint. 5. Research the degree of consistency for regulation desired/needed from Benton and Franklin counties and the cities of Kennewick, Richland, West Richland,and meet with these jurisdictions as necessary to coordinate efforts. 6. Evaluate the impact of voter approved initiatives after the November general election as applicable. 7. Evaluate the expected timeframe of developing local regulation against any State legislative movement. Consider extension of the moratorium as needed. 8. Prepare interim report to City Council on progress of the work plan and anticipated timeline for completion, and present to City Council on or before December 12,2411. 9. Develop draft legislative alternatives for regulating collective medical marijuana gardens. 10. Review with City management and revise as directed. 11. Conduct public workshops with the Planning Commission and revise draft regulatory alternatives as needed. 12. Review developing State legislative amendments to State law concerning collective medical marijuana gardens. Consider extension of the moratorium and adjustment of the work plan as necessary. 13, Conduct formal public hearing(s)with the Planning Commission to determine the Commission's recommendation to City Council. 14. Present the recommended legislation to City Council at a Council Workshop. 15. Return to City Council for formal action as directed. AGENDA REPORT FOR: City Counci/ Date: August 18, 2011 TO: Gory Crutch i Manager Workshop Mtg.: 08/22/11 Rick White, Community&.Economic Development Director FROM: Angela R, Pitman, Block Grant Administrator Community& Economic Development Department SUBJECT: 2012 HOME Fund Allocations and Annual Work Plan (MF# BGAP2011-004) 1. REFERENCE(S): 1. Resolution allocating 20t2 HOME funds. 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 08/22/11: DISCUSSION II1. FISCAL IMPACT It is estimated that approximately $167,188 from the 2012 Entitlement including an estimated 15% reduction and $375,000 from Program Income from the sale of three acquisition and new construction projects for funds totaling $542,188 will be available for HOME projects. IV. HISTORY AND FACTS BRIEF: A. Pasco entered into a HOME Consortium Agreement with Richland and Kennewick in 1996 making the City eligible for Federal HOME funds. In May 2010, this Agreement was renewed through 2013. B. Pasco's HOME Fund balance as of July 31, 2011 through Program Year 2011 is $846,702. Of this aMUnt, $560,101 is expended or under contract and $105,000 is committed to projects that are awaiting final approval. Program income received from the sale of three infill homes that are currently under rehabilitation must be used prior to drawing down entitlement funds. These acquisition and rehabilitation projects are overcommitted to counter the effect on timely expenditure of entitlement funds. Current Projects Budget Obligated Acquisition &Rehab/1nfill Projects $ 115,495 $ 473,522 First Time Homebuyer Assistance $ 23,857 $ 43,894 Owner-occupied Rehabilitation $ 406,175 $ 38,337 Rental Rehabilitation $ 203,949 $ - CHDO Set-aside (RFP Pending) $ 90,294 $ - Administra*ion from P1 $ 6,933 $ 4,348 $ 846,702 $ 560,101 C. HOME funds are based on need and incomc eligibility and may be used anywhere within the city limits, however, neighborhoods designated as priority by Pasco City Council receive first consideration. Funding is first targeted in the Longfellow and Museum neighborhoods, then within low-moderate income census tracts (201, 202, 203 and 204). If HOME funds cannot be applied to those areas, then they are used as needed within the Pasco City limits for the benefit of eligible low-moderate income families. V. DISCUSSION: A. The City is able to use HOME funds for acquisition and rehabilitation of foreclosed properties, or developing vacant property through "infill" projects. Current balances and program income expected from the sale of acquisition and new construction projects in 2012 provides funding to continue that program. Staff proposes that the 2012 allocation and annual work plan focus on infill and be allocated to the projects below: Proposed Activities Budget Ulits Acquisition & Intill Construction Projects $ 362,188 3 First Time Homebuyer Assistance $ 142,500 15 Administration from P1 $ 37,500 $ 542,188 18 4(b) RESOLUTION NO. A RESOLUTION ALLOCATING ESTIMATED 2012 FEDERAL HOME FUI��S. WHEREAS, the City of Pasco entered into an Agreement with Kennewick and Richland in 2007 continuing participation in a Consortium originally formed in 1996 under the Home Investments Partnership (HOME) Program; and WHEREAS, the Consortium allows the three cities to be eligible for federal HOME funds: and WHEREAS, the City has established a Community Housing Improvement Program (CHIP); and WHEREAS, it is estimated in 2012, the City of Pasco will receive $167,188 federal HOME Entitlement Funds plus $375,000 in Program Income for total estimated available funding of S542,188 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. 2012 HOME, funds received by the City of Pasco shall be allocated to the Community Housing Improvement Program (CHIP) which operates city-wide. Priority will be given to neighborhood improvement areas and low-moderate income census tracts as needed for the activities below; Estimated Activity Units Amount HOME Administration $ 37,500.00 First Time Homebuyer's Program 15 S 142,500.00 Acquisition &Infill Construction 3 S 362,188.00 TOTAL ALLOCATED 18 $ 542,188.00 PASSED by the City Council of the City of Pasco this day of , 2011. CITY OF PASCO: Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr CMC City Clerk City Attorney AGENDA REPORT FOR: City Council Date: August 10, 2011 i TO: Gary Crutchfie 't anager Workshop Mtg.: 8/22/11 Rick White, Community & Economic Development Director FROM: Angela R. Pitman, Block Grant Administrator SUBJECT: 2012 Community Development Block Grant(CDBG) Allocation and Annual Work Plan (MF# BGAP 201 1-003) 1. REFERENCE(S): 1. 2012 CDBG Fund Summary 2. 2012 CDBG Summary of Proposals 3. Planning Commission Minutes 6/16/11 &7/2 1/11 4. Resolution 1969 it. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 8/22/11: DISCUSSION 111. FISCAL IMPACT It is estimated that the 2012 annual entitlement grant will be $510,000, a reduction of 15% from 2010 allocations. Together with $10,000 available from program income, and $461,849 from prior year reallocations, the total available federal dollars for use in program year 2012 is $981,849. IV. HISTORY AND FACTS BRIEF: A. A Request for Proposals for 2012 CDBG funds was published in the Tri-City Herald and Tu Decides Hispanic newspapers May 1 and 8, 2011. Sixteen (16) requests were received totaling S 1,470,204. Approximately $951,849 will be available for funding 2012 activities. B. The Planning Commission held public hearings and discussion on June 16 and July 21, 2011. The public hearings solicited public comment on any application for funding, or reallocation for the City of Pasco 2012 Community Development Block Grant (CDBG) Program. At the public hearings, sixteen (16) presentations were made relating to proposed activities. V. DISCUSSION A. Staff presented recommendations for funding at the July 21, 2011 Planning Commission meeting. The Planning Commission recommended approval of staff funding recommendations as presented except for reducing three city public service activities by 10% and recommending funding of PowerZone for $7,000. Funding of the City public service activities was already recommended by staff at a $10,000 reduction to maintain the public service cap in keeping with the anticipated reduction in entitlement funds. Reduction of the three City public service activities per the Planning Commission recommendation results in the General Fund paying an even higher portion of these activities. The Planning Commission recommendation is inconsistent with adopted Resolution 1969 which limits funding of public service activities to City-sponsored programs. B. There is always some question regarding funding levels approved by Congress. Actual available funding for these FY 2012 activities will remain in question until the early part of 2012 when the allocation is made. If funding levels are lower than estimated, activity funding may need to be reallocated accordingly. 4(c) Attachment 1 2012 CDBG Fund Summary- PC 7.21.11 Amended Attachment 1 Planning Commission Meeting Page 1 Proposals-Recommendations ID Recipients ACTIVITY I AGENCY NAME NonCDBGMatch Requested Recommend PC Recommend City of Pasco-Community $0.00 $120,000,00 $104,000.00 $104,000.00 1 1& Economic Development CDBG Program Administration City of Pasco- Administrative& Civic Center-Youth Recreation $45.500.00 $37.500.00 $20,000.00 $18,000.00 2 Community Services Specialist City of Pasco- Administrative& Martin Luther King Community $100.500.00 $37,500.00 $20,000.00 $18.000.00 3 Community Services Center Recreation Specialist City of Pasco- Administrative& Senior Citizen's Center $200,500,00 $37,500.001 $30,000.00 $27,000.00 4 Community Services Recreation Specialist Youth Organic Farmers/Produce $15,000.00 $14,704.00 5 Charity Training Center coop Benton Franklin Community Action $11,000.00 6 Committee Homeless Prevention Program HomeworkZone-After School $10,450.00 $35,000.00 $7,000.00 7 PowerZone Youth Center TutoringlMentoring Program City of Pasco-Community Pasco Downtown Development $42,465.00 $65,000.00 $50,000.00 $50,000.00 8 &Economic Development Commercial Kitchen City of Pasco-Community Downtown Fagade Improvement $40,000.00 $60,000.00 $60,000.00 $60,OOD.OD 9 &Economic Developmert (2 fagades) City of Pasco- Administrative& LID 148 Special Assessment $65,000.00 $65,000.00 $65,000.OD 10 Community Services Assistance Volunteer Chore Services(12 $69,500.00 $4,000.00 $4,000.00 $4,OOD.00 11 Catholic Family Charities households) City of Pasco- Administrative& $663,000.00 $300,000.00 $230,849.00 $230,849.00 12 Community Services Eastside Community Park City of Pasco- Administrative& $0.00 $85,000.00 13 Community Services Senior Center Kitchen Remodel City of Pasco-Community $147,000.00 $48,000.00 $48,000.00 $48,000.00 14 &Economic Development Code Enforcement Officer Kurtzman Park Neighborhood City of Pasco-Public Improvements-Phase 1V $300,000.00 $300,000.00 $200,DOO.00 $200,000.00 15 Works (CT201BG2) City of Pasco-Public ADA Accessibility-Handicap $25D,000.00 $250,000.00 $150,000.00 $150,000.00 16 Works Ramp Retrofit $1,883,915.00 $1,470,204.001 $981,849,001 $981,849.00 Entitlement(2012 Estimated) $ 510,000 Program Income(2012 Estimated) $ 10,000 Prior Year Reallocations(2008.2010) $ 461,849 Total Funds Available $ 961,849 Proposals Recommended $ 981849 SURPLUS/DEFICIT $ 7/25/2011 Attachment 1 2012 CDBG Fund Summary - PC 7.21.11 Amended Attachment 1 Planning Commission Meeting Page 2 Real to cate-Carryove r RECIPIENT ACTIVITY PY HUD ID BALANCE CARRY OVER REALLOCATE Pasco Downtown DevelopmentAssociation- DOWNTOWN FACADE - PDDA IMPROVEMENT PROJECT 2008 250 $ 63,991.75 $ 63,991.75 CATHOLIC FAMILY& Catholic Family& Child CHILD SVCS-VOL. Services-Pasco CHORE 2008 251 $ 41917.66 $ 4,917.66 Pasco Downtown Development Association- FACADE IMPROVEMENT PDDA PROGRAM 2009j 266 $ 77,200.00 $ 20,000.00 $ 57,200.00 Benton Franklin CAC- ENERGY EFFICIENT Home Energy HEALTHY HOMES 2009 268 $ 13,040.27 $ 13,040.27 BOYS &GIRLS CLUB Bays& Girls Club of Benton CAPITAL & Franklin Counties IMPROVEMENTS 2009 269 $ 40,838.95 $ 40,838.95 City of Pasco-Administrative MARTIN LUTHER KING &Community Services CENTER RENOVATION 2009 270 $ 1,744.42 $ 1,744.42 KURTZMAN PARK City of Pasco-Public Works NEIGHBORHOOD Department IMPROVEMENTS PH II 2009 272 $ 49,243.29 $ 15,000.00 $ 34,243.29 City of Pasco-Community& PROGRAM Economic Development ADMINISTRATION 2010 276 $ 88,872.99 $ 88,872.99 Boys&Girls Club of Benton BOYS & GIRLS CLUB & Franklin Counties TWEEN CENTER 2010 282 $ 17,500.00 $ 17,500.00 KURTZMAN PARK City of Pasco-Public Works NEIGHBORHOOD Department JIMPROVEMENTS PH III 2010 284 $ 139,500.00 $ 139,500.00 TOTAL $ 496,849.33 $ 35,000.00 $ 461,849.33 7125/2011 Attachment 1 2012 CDBG Fund Summary - PC 7.21.11 Amended Attachment 1 Planning Commission Meeting Page 3 Public Service Cap ID AC'T'IVITY ACTIVITY/AGENCY NonCDBGMatch Agency Staff PC NAME Requested Recommend Recommend City of Pasco- Administrative& Civic Center-Youth 2 Community Services Recreation Specialist $45,500.00 $37,500.00 $20,000.00 City of Pasco- Martin Luther King Administrative & Community Center 3 Community Services lRecreation Specialist $100,500.00 $37,500,00 $20,000.00 City of Pasco- Administrative& Senior Citizen's Center 4 lCommunity Services Recreation Specialist $200,500.00 $37,500.00 $30,000.00 Youth Organic 5 Charity Training Center Farmers/Produce Coop $15,000.00 $14,704.00 $0.00 Benton Franklin Community Action Homeless Prevention 6 Committee Program $0.00 $11,000.00 $0.00 School PowerZone Youth Tutoring[Mentoring 7 Center JProgram 1 $10,450.00 $35,000,00 $0,00 $346,500.00 $138,204.00 $70,000.00 Entitlement (2012 Estimated) $ 510,000 Prior Year (2011) Program Income $ 10,000 Total Funds Subject to Public Services Cap $ 520,000 Public Services Cap (Maximum) $ 78,000 15% Public Services Requested $ 138,204 27% Public Services Recommended $ 70,000 13% 7/25/2011 Attachment 1 2012 CDBG Fund Summary - PC 7.21.11 Amended Attachment 1 Planning Commission Meeting Page 4 Admin Cap ID ACTIVITY ACTIVITY!AGENCY NonCDBGMatch Agency Staff PC CC Approve NAME Requested Recommend Recommend City of Pasco- Community&Economic CDBG Program 1 Development Administration $0.00 $120,000.00 $104,000.00 $0.00 $120,000.00 $104,000,00 Entitlement(2012 Estimated) $ 510,000 Program Income (2012 Estimated) $ 10,000 Total Funds Subject to Public Services Cap $ 520,000 Planning &Admin Cap (Maximum) $ 104,000 20% Planning &Admin Requested $ 120,000 23% Planning &Admin Recommended $ 104,000 20% 7/25/2011 CITY OF PASCO 2012 COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSAL SUMMARY—JULY 21,2011 Amended 1 CDBG Prozram Administration— Reguested: 5120,000 Recommended: 5104,000 CDBG funds are requested to plan, administer and deliver housing and community needs, ensure compliance with local, state and federal rules, regulations and laws, and provide for the successful delivery of programs that primarily benefit low to moderate income people. Planning and Administration is capped at no greater than 20%. 2 Civic Center-Youth Recreation Svecialist—Re+auested: $37,500 Staff Recommended: 520,000 PC Recommended: 518,000 CDBG funds are requested to provide a portion of the salary and benefits for recreation specialist at the Youth Civic Center. This facility's program is to provide recreation programs for youth at risk and fainilies in low-to-moderate income Census Tract (202). Public services are capped at no greater than 15% of current entitlement plus prior year program income. 3 Martin Luther King Community Center Recreation Specialist— Reauested: $37,500 Staff Recommended: $20,000 PC Recommended: 518,000 CDBG funds are requested to provide a portion of the salary and benefits for recreation specialist at the Martin Luther King. This facility's program is coordinated with the YMCA, Salvation Army and Campfire USA, who all collaborate to provide education and physical activities to at risk school age , youth, and families in Census Tract (201). Public services are capped at no greater than 15% of current entitlement plus prior year program income. 4 Senior Citizen's Center recreation Specialist—Requested: 537.500 Staff Recommended: $30,000 PC Recommended: 527,000 CDBG funds are requested to provide a portion of the salary and benefits for recreation specialist to oversee and operate program at Pasco's senior center. This facility's program provides supendsion and leadership necessary for programs serving the elderly of Pasco with support services, nutrition, health and living skills support. Public services are capped at no greater than 15% current entitlement plus prior year program income. 5 Youth Organic mers/Produce Coop_—Reg nested: $14,704 Recommended: SO CDBG funds are requested to provide start-up funds for organic. farmers Youth Co-op. USDA certified organic producers on donated land, funds wil be used for planting to harvest. Products will be sold on the open market and to independent food stores and food chains. Work with Pasco Commercial Kithen for technical support and marketing. Economic development assistance is provided as a loan or grant to for-profit business or microenterprise(with less than five employees) for the purpose of creating permanent jobs to be held by or available to low-moderate income persons. If the qualifying recipient is a non- profit, the activity becomes a public service activity for the purpose of providing job training to low-moderate clientele. Resolution 1969 Section 2: Except for City Recreation programs, social service programs are not funded with CDBG. 6 Homeless Prevention Program—R_efluested: $_11__,000 Recommended: $0 CDBG funds are used to provide 10 low-income households with improvements to their property at an affordable cost, including health/safety codes and energy effiency standards improvements (City-wide). Resolution 1969 Section 2: Except for City Recreation programs, social service programs are not funded with CDBG. 7 HomeworkZone- After School Tutoring/Mentoring Program—Requested: $35,000 Staff Recommended: $0 PC Recommended: 57,000 CDBG funds are used to provide an afterschool tutoring program; mentoring program with caring responsible adults; and world-view expanding retreats, camps and trips for high-risk middle school and high school students in danger of dropping out of school,joining gangs and abusing drugs. Provide support to parents and grandparents in need ofassistancc with the youth in their lives. Resolution 1969 Section 2: Except for City Recreation programs, social service programs are not funded with CDBG. 8 Pasco Downtown ev to rnent Commercial Kitchen— Requested: $65 UUU Recommended: 550.000 CDBG funds are requested to continue operations of the Pasco Specialty Kitchen, a certified commercial incubator kitchen. By providing technical support to small food-related businesses the Pasco Specialty Kitchen improves thee-success rate by helping them to establish and achieve their goals. In consideration for technical assistance, the startup businesses agree to make jobs created available to low-to-moderate income persons in Pasco (Census Tract 202). Ongoing activity at Public Facility constructed with CDBG, EDA and NADBANK funds for the purpose of economic development activities in Pasco's downtown. 2 9 Downtown Fa Cade Improvement 2 facades) —Re guested: $60,000 Recommended; $60.000 CDBG funds are requested to support business to continue downtown facade improvements anticipated for 2012 (Census Tract 202). It is estimated that two business will be assisted with fagade improvements. 10 LID Assistance LID #148—Requested: $65,0_00 Recommended: $65.000 CDBG funds are requested to pay special assessment for low-moderate income households located in the LID #148 for low-income households. 11 Catholic Familv Volunteer Chore Services (12)—Requested: $43000 Recommended: $4,000 CDBG funds are requested to provide minor household repairs and wheelchair ramps for very low to low income households. This population includes elderly and disabled. This year a roof repair program will be added to Volunteer Chore Services activities (City-wide). It is estimated that 6 elderly households, typically very low income, will be assisted. 12 New Eutside Coniman1tv Park —Requested: S300,000 Recommended: 5230,849 CDBG funds are requested to construct a park and athletic fields to serve the east side of Pasco. The park will serve neighborhoods that are predominantly low-moderate income. Athletic fields may also be made available for locally sponsored soccer and football events to reduce overcrowding at current park facilities. 13 Senior Citizen's Center Kitchen Remodel —Requested: 585.000 Recommended: $0 CDBG funds are requested to renovate the Senior Center kitchen. The kitchen is designed for preparation of foods from scratch and has outdated appliances that no longer function and in some cases are now obsolete. In this state, it does not meet current needs. CDBG funds would remove obsolete mixers and steamers,make more counter space available,provide for larger ovens and replace failing walkin refrigerator and freezer with energy efficient models reducing energy requirements and providing for more assured food safety. The Senior Center Kitchen is used by a single contractor for the meals on wheels program. The contract is pending renewal and near expiration, negotiations are underway. Remodel of the kitchen is not expected to occur in 2012. 14 Code Enforcement Officer— Requested: $48,000 Recommended; $48,000 CDBG funds are requested to provide for a code enforcement officer to help improve neighborhood appearance and for compliance with rules and regulations dealing with 3 homeowner needs in primarily low to moderate income neighborhoods (Census Tracts 201, 202, 203 and 204). 15 Kurtzman Parr Neighborhood Improvements - Phase IV (CT201BG21— Requested: $300.000 Recommended: $200,000 CDBG funds are requested to provide curb, gutter, sidewalk and roadway improvements in low-income neighborhood (Census Tract 201). This is the construction phase of a multiple year project. 16 handicap Rams -Curb, Gutter Sidewalk &Roadway Improvements— Reg-nested: $250,000 Recommended: 5150,000 CDBG funds are requested to replace areas of public sidewalks with ramp access for the disabled persons. 4 REGULAR MEETING June 16, 2011 PLANNING COMMISSION MEETING C. CDBG 2012 Community Development Block Grant Allocations (Citide) (MF# BGAP 2011-003) Chairman Cruz read the master file number and asked for comments from staff. Angie Pitman, CDBG Administrator stated the hearing was the first of two public hearings required for the 2012 CDBG Allocation applications. The second public hearing will be in July; in August City Council will hold a workshop; and in October a 30-day public review period of the Action Plan which will go to HUD in November. Ms. Pitman discussed the background of the CDBG program and explained Pasco typically receives an annual entitlement of about $600,000 per year. Program rules and eligibility requirements from CFR 570 were discussed; national objectives were explained along with Consolidated Plan requirements. 2012 will be the third year of the Consolidated Plan. The City can carry out activities with City employees, contractors or program partners such as sub recipients from other governmental agencies, private or public non-profit and private for profit. Contractors can be used and are selected through a competitive procurement process or a community based organization (which we do not have in our area). For 2012 the estimated entitlement is $510,000 which includes a 16% decrease. it is estimated that $10,000 will be available from program income and $462,000 will be reallocated from prior years activities. In 2012 there is $982,000 available for use. In May of each year the City advertises for requests for proposals. Sixteen proposals were received asking for approximately $1.5 million in funding leaving a deficit of about $488,000. Chairman Cruz called for question on any of the City's proposals. Rick White, Community 8& Economic Development Director presented the following program application: Community 8a Economic Development Administration accounts for all of CDBG salaries and other employees which provide CDBG support. It also pays for the CDBG program functions such as advertising, public notices, supplies, and etc. The Civic Center Youth Recreation Specialist is a partial salary for an employee who provides project delivery for the after school and summer programs at City Hall for low to moderate families and their children. -1 - The Martin Luther King Recreation Specialist works closely with the YMCA and Head Start to provide services at the Martin Luther King Center. The Senior Citizen Center Recreation Specialist is similar to the previous specialists however services are solely provided for low to moderate income senior citizens. The Downtown Fagade Improvement Program has been undertaken by the Downtown Pasco Development Authority and there are 3-4 facades projects in process. The LID 148 Assessment Assistance request is for Phase 2 of the Kurtzman Neighborhood Improvement Program which continues from last year and if successful will be constructed this summer. The $65,000 will assist in financial assistance for low to moderate income households. The Senior Center Kitchen remodel has been needed for many years. The kitchen provides Meals on Wheels for the entire Tri-City area. The funds will be used to replace kitchen equipment. The Code Enforcement Officer request provides the salary for one Code Enforcement Officer to minimize adverse affects on neighborhoods such as a vacant house with waist high weeds, broken windows, etc. in low to moderate income neighborhoods to stop and prevent slum and blight. The Kurtzman Park LID last phase for improving Hugo, Sycamore and Cedar streets for the northerly section adjacent to Lewis Street. The streets are in terrible shape with vacant lots and improvements with water and sewer in the past year bona fide economic development and residential growth would be a good thing for that neighborhood. The Community Park project consists of developing a park with athletic fields in low moderate income census tracts east of Highway 395. The park would include recreation space and athletic fields such as soccer, football or softball. Ahmad Qayoumi, Public Works Director explained the request for funding for ADA sidewalk accessibility improvements of pedestrians. The downtown area is being targeted first and then other areas in the city will be addressed. Jennifer Balderas, 74 Whitten Street, Richland and Kim Lowe, 3 Zinnia Court, Pasco presented their program for youth to give them an opportunity to do something constructive and give back to the community by producing organic fruits/vegetables. Commissioner Khan asked where the garden site would be located. -2 - Ms. Balderas stated land would be donated in various areas of Pasco. Commissioner Greenaway asked how they proposed to transport youth to different sites if they reside in Richland. Ms. Balderas stated she is working with Louise Alaniz, President of Charity Program for that purpose. Chairman Cruz recalled Ms. Alaniz's proposal from last. year and they requested to see funding, development and matching of funds for such programs. Their request is for CDBG to fund their program 100%. Ms. Balderas stated the money would be for seed money to start their gardens. Chairman Cruz again asked for clarification on the matching dollar amount. Ms. Balderas stated there is no match. Commissioner Khan asked if there were farmers who have donated to this program. Ms. Balderas stated no; there are several families who are willing to donate ground. Commissioner Khan asked if they fashioned their program after any other model such as co-op farming that use at risk youth who train them for a job. Ms. Balderas stated she was not aware of that program. Chairman Cruz called for the applicant for the Benton Franklin Community Action Committee Homeless Prevention Program. No one responded from the audience. Carol Schuh, 1202 W. Lewis Street, Pourer Zone Youth Center stated they have an after school program called "Homework Zone". Their mission statement: Reaching at risk youth, mentoring and developing their God given potential. Their goal is to help youth graduate. They focus on prevention and intervention. They are teaming up with an organization "Firme" which means firm and is headed by Jesse Campos who is the executive director of Teen Challenge who works with gang members. Commissioner Khan questioned the number of youth they serve. Ms. Schuh stated on average 30-35; they were formerly at the Martin Luther King Center and since they have relocated it is harder to get the kids from the eastside to their facility. Commissioner Anderson asked how long has this program been running. -3 - Ms. Schuh stated since March of 2000. Commissioner Anderson questioned how they have funded the program. Ms. Schuh stated through in-kind donations and grant monies. The grant monies have run out and they would like to get another tutor and more space. Victoria Silvernail, 120 Thayer, Richland, Executive Director of the Pasco Specialty kitchen stated they provide an affordable organic certified commercial incubator kitchen for small food businesses to cook and package their product. Ms. Silvernail discussed the various helps they provide clients and their partnering with the Pasco School District cooking Academy. Chairman Cruz called for Catholic Family Charities Volunteer Chore Services to present their request. No response. Chairman Cruz continued the public hearing to the next meeting. Commissioner Lukins stated that of the 12 projects recommended funding and 11 are for the City. He feels room should be created for one more. Chairman Cruz suggested moving $10,000 from the Facade improvement to the Power Zone Youth Center. Ms. Pitman explained there was a 15% cap on funding for public services. Power Zone is a public service provider. To stay under the cap funding had already been reduced for the Senior Center. Chairman Cruz stated he was still in favor of allocating money to Power Zone. The general consensus of the Commission was for providing some funding for Power Zone. -4 - REGULAR MEETING July 21, 2011 PLANNING COMMISSION MEETING B. CDBG 2012 Community Development BlocU Grant Allocations (Cityffidel 1MF# BGAP 2011-0031 Vice-Chairwoman Kempf read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director stated this is the second public hearing and staff has outlined 16 requests for the Community Development Block Grant which were received for the 2012 year. The requests total approximately $1.47 million and the estimate of available funding is $981,000. At last month's meeting there was discussion involving a subrecipient requesting funds for public services. Staff provided an explanation of the public service cap required by Federal CDBG regulations and City of Pasco Resolution No. 1969 which limits public services to those operated by the City for recreational programs. The matrix in the packet shows the funding breakdown. The agency is listed with a numbering system and the estimated non-Community Development Block Grant match is provided in the next column, the requested amount is listed by agency and the staff recommendation is also listed. The Planning Commission recommendation will be added to the final column and will move forward to City Council for workshop discussion in August and a decision on August 15. Vice-Chairwoman Kempf opened the public hearing. Commissioner Lukins stated referring to the public service cap that even if the Commission wanted to fund two public service applications they would not be allowed. Mr. White stated yes; if the Commission followed Resolution #1969 then that would be the case. Vice-Chairwoman Kempf stated their hands are basically tied with what they have. Mr. White explained the public service cap for six items and noted ten other items for brick and mortar type of projects for consideration. Commissioner Lukins stated the only point of contention he had beyond staff's recommendation was the public service issue and it is moot now. -1 - I Commissioner Greenaway stated she would like to see funding for PowerZone pulled from somewhere and asked how they could make that happen. Mr. White stated you would disregard Resolution 1969 and take money from the other public service allocated funding. Commissioner Lukins asked if staff could explain the background of Resolution # 1969and whether it was binding or not binding. Mr. White stated the Resolution provides guidelines for the City's use of Block Grant funds. He stated this happened long before his time with the City. There was a Community Development Block Grant board which entertained requests for funding and those recommendations from that board were not in a focused manner that provided community improvement the way the elected officials wanted to see the funds used for. Council adopted a Resolution which provided the guidelines for the recommendations from that group. That group has since been replaced and the Planning Commission is now the body that provides recommendations to the City Council for use of Community Development Block Grant funds. It is simply a matter of using the funds to make the most visible, longest lasting difference in the community. Mr. McDonald stated when the Block Grant program was initiated in 1974 it consolidated a number of Federal grant programs and most of them were related to brick and mortar type activities such as water lines, sewer lines, and street improvements. There was no authority back then for community service facilities to receive funding. That has since changed and the former committee would frequently try to help community service organizations and the program became over weighted with community service activities. The Resolution was created to provide guidance for the committee to make recommendations to City Council and it also provides guidance for the Council and how to distribute the funds. Vice-Chairwoman Kempf asked for discussion on whether the Planning Commission wanted to ignore the Resolution or to make the recommendations as provided by staff. Commissioner Greenaway asked where the money would be taken from if they were to recommend something different. Commissioner Lukins stated from item 2, 3, and 4. Commissioner Khan questioned if the Block Grant Administrator would be available to advise the applicants how to acquire other grants which are available for social services. -2 - Mr. White stated he thinks so; there are resources available in all communities that can provide that type of advice. It is still a matter of getting in cycle with funding opportunities and being successful when applying. Commissioner Gemig asked if they are allowed to allocate $78,000 then why are they only allocating the $70,000. Mr. White stated that cushion was put in for unforeseen circumstances. The City has to be extremely careful because if the cap is exceeded then they receive an audit finding on the City's part and that is a big deal. Carol Shuhe, 1202 W, Lewis, thanked the City for their consideration. Louisa Alaniz and Kim Lowe, Charity Training Center, stated they have developed a youth organic farming co-op for troubled youth for 10 teens in partnership with the Juvenile Center. Vice-Chairwoman Kempf called for additional comments from Commissioners. Commissioner Gemig stated she wanted funds to be available for PowerZone and did not know how to make that happen. Commissioner Lukins stated the Commission should ignore the Resolution and take 10% off the other recommended projects and give the funding to Po- werZone. Commissioner Gemig asked if they needed to ignore the Resolution. Vice-Chairwoman Kempf stated yes. Commissioner Greenaway stated she was in favor of ignoring the Resolution. Commissioner Gemig moved to close the public hearing. The public hearing was closed. Commissioner Lukins moved, seconded by Commissioner Greenaway, to accept the fund summary dated 7/21/ 11 with the exception of decreasing items 2, 3, and 4 by 10% and the savings then be moved to item 7. The motion passed x6t.h one dissenting vote from Commissioner Hay. -3 - RESOLUTION NO.JqG 9 A RESOLUTION designating the Planning Commission as the .Block Grant Advisory Committee and establishing a Council policy regarding Community Development Block Grant funding for the City of Pasco. WHEREAS, the city is obligated to develop a local annual block grant program supporting national objectives; and, WHEREAS, federal block grant regulations provide latitude to local governments in developing their annual block grant program to meet local housing and community development needs; and, WHEREAS, local community development needs center around housing, infrastructure, parks, recreation, economic development and community revitalization; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That the Planning Commission be designated as the City's Block Grant Advisory. Committee to assist in development of the Community Development Block Grant Program. Section 2. In developing the annual block grant ' program, the city will consider only projects that address community development needs in the areas of housing, parks, community sponsored recreation, infrastructure, community facilities, economic' development, removal of substandard and hazardous conditions, planning, and other activities that relate directly to improving the physical environment of the city. No social service programs as defined herein below will be funded with block grant dollars. Section 3 . The expansion or construction of physical facilit es utilized to house social agencies will be considered as an eligible activity under the city's block grant program. Facility and construction expansion does not include minor maintenance and upkeep such as painting and floor covering replacement, nor does it include equipment purchases. Section 4 . For purposes of this policy, social service programs are those programs carried on by non-profit organizations (including governmental agency) designed to provide health, welfare, educational and similar activities dealing with the welfare of individual persons. Programs operated by the City of Pasco such, as recreational programs, are not included in this definition. PA SED by the City Council of t C ty Pa o this day of 1 C2 A 1991 - Ja , Mayor ATTEST: ,., 'Catherine D. Seaman, Deputy City Clerk AP nv, 51 Rubstello, City Attorney AGENDA REPORT TO: City Council ,x"a August 16, 2011 FROM: Clary Crutchfie y Manager Workshop Mtg,: 8/22/11 Regular Mtg.: 9/6/11 SUBJECT: Capital Improvement Plan I. REFERENCE(S): I. Proposed Capital Improvement Plan 2012-2017 (Council packets only; copy available for review in the City Manager's office, Pasco Library or on the city's website at httT)://v;NA,%v.-pasco-wa.gov/index.aspx?NfD=255). 2. Proposed Resolution. II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 8/22: Discussion 9/6: MOTION: I move to approve Resolution No. adopting the Capital Improvement Plan for fiscal years 2012-2017. III, FISCAL IMPACT: IV. HISTORY AND FACTS: A) The annual Capital Improvement Plan (CIP) for 2012-2017 was presented to Council for discussion at the August 8 workshop meeting. V. DISCUSSION: A) Several changes have been made to the proposed plan by staff subsequent to the August 8 discussion, as follows: • Ladder Truck—added this project • East Side Booster Station— lowered cost estimate • County Road 1001 Dent Rd Ext (Water) - added this project • Broadmoor Blvd—added construction costs; design costs only in original • East Airport Water Line - added construction costs; design costs only in original • County Road 100/Dent Rd 1~xt (Sewer) - added this project • Annual Irrigation Extcnsions --added one more year of projects • Road 100 Corridor Study --removed B) Staff recommends that council identify any substantive changes it desires and schedule formal Council approval of the Capital Improvement Plan at the September 6 business meeting, so that the CIP is in place to guide staff in preparation of the annual budget this fall. 4(d) RESOLUTION NO. A RESOLUTION Approving the Capital Improvement Plan for Calendar Years 2012-2017. WHEREAS, staff has prepared the Capital Improvement Plan which defines the capital projects proposed to be undertaken by the City over the ensuing six years; and WHEREAS, on August 8 and August 22, 2011 the Capital Improvement Plan was presented to the City Council for review and prioritization; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the Pasco City Council hereby approves the Capital Improvement Plan for calendar years 2012-2017 as the City's list of capital projects proposed to be undertaken by the City over the coming six years, with the understanding that implementation of any project listed in the Capital Improvement Plan is subject to budget appropriation. PASSED by the City Council of the City of Pasco at its regular meeting this 6th day of September, 2011. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra Clark Leland B. Kerr City Clerk City Attorney AGENDA REPORT FOR: City Council August 9, 2011 t , 1'O: Gary Crutchl1 4, -. y anager Workshop Mtg.: 8/22/11 Regular Mtg.: 9/6/11 FROM: Stan Strebel, Deputy City Manager SUBJECT: Lewis Street Land Acquisition/Relocation Services I. REFERENCE(S): 1. January 6, 2010 Agenda Report 2. Exhibit "A' (5/10/11) HDR Estimate of Additional Acquisition Services 3. June 1, 2011 letter from IIDR on Out-of-Scope Services Il. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 8/22: Discussion 9/6: MOTION: I move to authorize an amendment to the Agreement with IIDR Engineering for Lewis Street Acquisition and Relocation Professional Services, increasing the fee payable to (not to exceed) $508,000 and, further, authorize the City Manager to execute the Amendment. III. FISCAL IMPACT: $66.000 Additional Cost IV. HISTORY AND FACTS BRIEF: A) The City entered into an agreement with HDR Engineering in January 2010 for land acquisition and relocation services not to exceed $442,000 for the Lewis Street Overpass project (see attached agenda report for additional details). B) At the time the agreement was approved, it was not known, to what extent, property may need to he acquired at the intersection of Lewis Street and Oregon Avenue, the eastern terminus of the project. Through the City's recent design process with JUB Engineering, the City has identified the need for four small partial property acquisitions, one on each corner, of the intersection. It appears to be most cost effective to continue with HDR I'or the property acquisition process. The estimated cost, $52,527.98 for the necessary acquisition services, including appraisal and negotiation (not including land costs) is detailed in the attached reference #f2. C) Some of the tenants in the properties scheduled to be acquired were unknown at the time the original agreement was approved. As a result, there have been some costs for appraisal and relocation services which were not included in the original scope of work. "These costs amount to $12,970.18 as outlined in the letter from HDR, attached as reference #3. D) Staff requests that council approve an amendment to the agreement, increasing the not to exceed fee by $66,000 to $508,000 in order to cover the new, plus the out- of-scope work. V. DISCUSSION: A) The land acquisition and relocation work must be performed in strict accordance with federal guidelines. HDR has demonstrated its familiarity with the federal requirements over the last 18 months. Negotiations have been concluded for the purchase of all but four of 25 parcels (12 of 14 landowners) under the original scope-of-work. 4(e) AGENDA REPORT NO. 01 FOR: City Council January b, 2010 TO: Gary Crutchfield, City Manager FROM: Robert J. Alberts, Public Works Director Workshop Mtg.: 01/25/10 Regular Mtg.: 02/01/10 SUBJECT: Lewis Street Land Acquisition/Relocation Services I. REFERENCE(S): 1. Vicinity Map 2. Agreement IL ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 01/25: Discussion 02/01: MOTION: I move to accept the agreement from HDR Engineering for the land acquisition and relocation services for the Lewis Street Overpass project. II1. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) In 2000 Council passed Resolution 2532 adopting the planned location for a new overpass at Lewis Street. B) On July 21, 2008 the Council approved an Agreement with CH2MHill for pre- design services. C) On March 2, 2009 the Council approved an Agreement with CH2MHill to perform the NEPA environmental document for the Lewis Street Overpass project. D) In 2009 the Washington State Department of Transportation (W SDOT) budget provided $3.0 million for the Lewis Street Overpass project. E) In November of 2009 the City received notice that $750,000 has been allocated for the Lewis Street Overpass Project in the Federal Transportation Bill. V. DISCUSSION: The next two (2) phases for the Lewis Street Overpass pralect is for land acquisition and the actual design services for the overpass. Approximately $4.0 million has been secured to date for these two phases. Staff anticipates additional funds will be needed in the next 18 months once the costs are better defined. The proposed agreement with HDR Engineering is for the land acquisition and relocation services for the Lewis Street Overpass project. Approximately 26 parcels need to be acquired. The proposed services would be on a time and material basis not to exceed $442,000. The fee does not include the actual land acquisition or relocations costs. Staff is anticipating these casts to be $2.0 million or less. The actual costs will not be known until after the services being provided by HDR Engineering is completed. The land acquisition and relocation work must be performed in strict accordance to federal guidelines and by approved specialists in this field. This limits the options to the City. HDR Engineering is the only firm with a local office which has the qualified staff and experience to perform this work. The firm is also willing to commit their resources to complete the work in as short a time frame as possible. The other options are to contract with firms outside the area or with the State directly. In reviewing the option with the State, staff concluded the process most likely would take longer and the final costs would most likely be the same. The acquisition cost will be paid out of the $3.0 million WSDOT funds and need to be spent within the next 18 months, Staff believes that the HDR Engineering proposal is the best option and recommends Council approve the Mayor to sign the contract. _ TExhlbit"A" HDR Engineering,Inc. f 5/1012011 2011 Fully Burdened Hourly Rates City of Pasco - Total Estimated Loaded APPRAISAL ACQUISITIONI Estimated Labor Employee Category HoudyRate TITLE APPRAISAL RE-VIEW NEGOTIATION CERTIFICATION Hours Cost Acquisition Project Manager 268,44 1 21 21 241 a 33.00 8,858.68 Sr. Agent 110.76 4 2 2 128 8 144.00 15,949.44 ROW Tech 81.77 6 2 2 48 24 82.00 6,705.14 Project Controller 94,92 16 16.00 1,518.72 1,202.10 921.95 921.95 26,063.64 3,922.34 275.00 33,031.98 33,031.98 Expense Meals(10 days 46.00 per day) 460.00 Lodging(10 days;70.00 per day) 700.00 L�- Mileage(1500 @.55/mile) _ __825.00 1 Black and White copies(500;.10 each 50.00 Color copies(100;.75 each) _ 75.00 Mail and Express i 60.00 _ 5%Ivtarkup on Expenses 108.50 i Technology Charge($3.70 per hour) 1,017.50 Total Expenses 3,296.00 5ubconsultant Appraisals 4 reports 9,800.00 _ Appraisal Reviews 4 4,800.00 Title Reports 4 x$400 1,600.00 Total Subconsultant Expenses 0 16,200.0 I i .0 — Total New Fee Estimate---'_�.......__._... ... 52,527.98 Total Client Cost $52,527.98 Assumptions, Four parcels will be added to the original scope wth all other original sco a conditions remaining in effect. This estimate assumes that escrow and closing costs wil be paid directly by the client f "The above rates are subject to an annual increase effective January 1.2012,not to exceed 5%wtthout pnor approval. "A 83.7oftLtr audited technology charge is not included in the hourly rates proposed above. This audited direrl expense Wil be billed on a monlhty basis. T June 1, 2011 Stan Strebel, Deputy City Manager City of Pasco PO Box 293 525 N. 'Third Ave. Pasco, WA 99301 RE Lewis Street Overpass Project Dear Stan: We are requested authorization to increase our current budget for the Lewis Street Overpass project by $12,970.113.This would include both the HDR out of scope work that has been completed to date and tracked, the second Llamas appraisal and our estimate of the remaining out of scope work for relocation services. Those costs are itemized below. HDR out of scope fees to date- $8,174.62 Second out of scope Llamas Appraisal - 1500.00 Estimated remaining out of scope relocation services - 3,295.56 Total Out OfScQpeFees: $12,970.18 The new total contract amount would be $454,728,93 ($441,758,75 current contract amount+ $12970.10 total out of scope fees), If this increase is approved by the City we will discontinue tracking out of scope work and will show the new contract amount on all future invoices. Please contact me if there are any questions or concerns regarding this request. Thank you. S incerely. r James F. Prossick Real Estate; Services Manager 425/450-6356 James.prossickna hdrinc.com HDR Engineering, Inc. 500108`h Avenue NE,Suite 120 Bellevue,WA 98004.5549 Main; (425)450-6200 Fax:(425)453-7107 AGENDA REPORT NO. 07 FOR: City Council ! August 16, 2011 TO: Gary Crutchfie Manager FROM: Ahmad Qayoun�', Public Works Director Workshop Mtg.: 08/22/2011 Regular Mtg.: 09/06/2011 SUBJECT: 40' Avenue Corridor Enhancement Project(South) I. REFERENCE(S): 1. Vicinity Map 2. Professional Services Agreement II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 08/22: Discussion 09/06: MOTION: I move to approve the Professional Services Agreement with HDJ Design Group authorizing survey, road design services with respect to the 4t` Avenue Corridor Enhancement Project (South), not to exceed 539,465.00 and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: 1V, HISTORY AND FACTS BRIEF: A) On August 15, 2011, the consultant selection team picked Hopper, Dennis, Jellison (HDT), which has an office in Pasco, to perform design work on the south segment of the 4a' Avenue Corridor Enhancement Project. V. DISCUSSION: A) Fourth Avenue Corridor (south of Court Street) Enhancement Project will include safety, sidewalks, pedestrian crossing and parking improvements. Sidewalks along the project are intended to keep the corridor's speed slow and be pedestrian friendly. The roundabout design at the intersections of P Avenue, 4h Avenue and Marie Street was incorporated into the scope of work covered under a separate design contract which was awarded on April 4, 2011. The scope of work also includes identifying amenities within the project boundary that the City may want to blend with the future vision of the downtown. These amenities would include the design of street lights, concrete finish and landscaping. The fee for this work is proposed on the lump sum of $39,465.00. The preliminary construction cost for the road improvements is $800,000. The design of the project is expected to be completed by October 2011, award by December 2011 and construction to start spring 2012. 4(f) 4th AVE . CORRIDOR — SOUTH SEGMENT W s 3 - ..t* Rt -f* JI Lrr �` �• Mal, 11 1 •y' �!L tr.,' I t, t �1 "j �.� -�7 fr` a• f i f •I E � .� �llP'ftQ tlts�' t•� t _• •{" � rl I:^?!»- �^� F, �n.'�11 t�uite�tlt�t"•� - I•' � �- p � •ry � ---i "111 ., `` •,� 1 yt -,:'' F •� _ �_ i�'�.n1Ui�t•t.H, i'i'i �N- yHJ. �.,, co .{. Y=• r�", a _ ,� +gib► _� _ PROJECT -, ' 1��� ��•--'ri' - ate'- i oe�� AO as� �„�, :r _.� `rtf!r� 1 _, - •'i'r of J :i` t "` '•+ [` �l1 � gyp`} �-fit" •• � � A �'` - SSSTS���f �,� t •' l 1 ���� /' ,`c.��i� T '�-' { aSr':.� - .✓` �'y�i' t '•`. ,-�ti * .�•��.���� s� °'�>. = ,1� ll ±� '1 �`w �i� Lei ;.'K" � �' ' ��' All t a t r �`�' !s � Olt` P �e y�} t '� �•/ '?Kr� � �' y+�M� '�,' �f � - ✓ �- `>� ' �`•.•- �''���'•�'� ����. t,1�ice."`� .�„-. E%•� —'�, „-�t�/ �' ..�� '! . IN Nf ♦• La-- to '�� � `�:d,�sJ Y. \1vII �1'`� .et4.1 r'- p �'” t •t ,J' �• ..41- CA _ t , � `(�� � �'r •+'� +ice' ! SF" -,����� .,�\�� '" }�� • .w��✓� �3 � , � tl PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and HDJ Design Group hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide preliminary survey, topography and roundabout design with respect to the 4th Avenue Corridor Enhancement Project (South) ROAD DESIGN, Court Street to Sylvester Street. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scol2e of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with Exhibit A. 2. Ownershiri and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant shall not be considered public records, provide d, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost, if the contract is terminated through default by the contractor. If the contract is terminated through convenience by the City, the City agrees to pay contractor for the preparation of the summary of work done. 3. Payments, The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the teens of this Agreement shall be on a Lump Sum basis as set forth on the fee schedule found in the project proposal, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $39,465.00, without approval from the City. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly and within 120 days. 5. Hold harmless agreement. In performing the work under this contract, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnitees"), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the lndemnitees from: A. All damages or liability of any character including in part costs, expenses and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement; and B. All liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Consultant or any person or organization for whom the Consultant may be responsible, arising out of, in connection with, resulting from or caused by the performance or failure of performance of any work or services under this Agreement, or from conditions created by the Consultant performance or non-performance of said work or service. 6. General and professional liability insurance. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to this contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. The City shall be named as the certificate holder on the general liability insurance. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. S. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractor during the performance of this contract. 9. City approval, Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration, The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 13. Non-assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 14. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage,brokerage fee, gift, or contingent fee. 15. General Provisions. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney fees and costs. 16. Notices. Notices to the City of Pasco shall be sent to the following address: City of Pasco P. O. Box 293 Pasco, WA 99341 Notices to the Consultant shall be sent to the following address: HDJ Design Group 300 W. 15th Street Vancouver, WA 98660-2927 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U. S. mails, with proper postage and properly addressed. DATED THIS DAY OF ,2011 CITY OF PASCO CONSULTANT Matt Watkins, Mayor Greg Jellison, Prinicpal ATTEST APPROVED AS TO FORM Debbie Clark, City Clerk Leland B. Kerr, City Attorney Date:August 10,2011 lob No.: N/A Engineeriiig Fee S:Cast Worksheet Job Name;4th Abe.[nhk+n-wnt'Prutecl(South) Construction Documents liem: City of Pasco,WA ;W,11 0 TFLIH-, CAP-111 TKT•,bf 7?2FTerh' TRF-Matrnrr L4-M SuR,bt S-11fNi SEC F,r n Tet4f11dof A Administration 1. kiWemat Coordination and Meetings 2,00 2.00 2.00 100 2,00 4.00 2.00 $2,134.00 2. Mast with City Slalf 4,00 2.00 2.00 $1,220.OD 3. AutoCAD Imports and Exports 1.00 21111 $306.00 6,007 5,001 2.00 2.00 6.UU 2.UU 0.00 0-00 U.00 $3,660.00 B,Survey 1, Topo 1 8.00 $1,160.00 2. Import into AufoCAO 4.0i)l 5520,00 0.0(1 0.1)01 0.00 O.UtI - O.DII 0.00 0,00 0,00 4-001 8.00 0.0 $1,680.00 C, Preffm(nary Layout f. Prelirronary SW/Signfng/StdprngRllum(nation Layout 5.001 4.001 18.00 1 1 1 $3,303.00 5xill 4.001 18.00 ox0l 0100 0.00 0.00 0.00 0,00 0,00 0.00 $3,301.00 D. 95%Design 1, 95%Plans 4.00 8.00 $1,740.00 a. Cover Sheet 0.50 2.00 3.00 $544,11 b. Sidawalk Grading and Goom by(3 sheets) &o0 16.00 9110 10.00 $4,048.00 e, Signing anti Sfriping and lflumination platys(3 shoots) Leo 8.00 9.0U 4.00 16,00 $4,226-00 d. Signing and Shitp4V NWWDefalls(i sheep 050 3.00 1.00 4.00 5943.00 a. Illumination notes/delaffs(3 sheets) 050 9.00 2.00 16.00 $3,0110D f, Signal Plans sheets) 1 15.00 B.UO 24.00 $5,304,00 2, Quantities and En lneers Esflmate 1.001 2.001 4.00 200 4.00 $1,623.00 5.00 650 30.00 48.00 17.UU 144.00 8.00 10.00 0.00 00 0.00 $21,438.00 E Final Plans 1, Address Cl Comments 1.00 8.00 24.00 16.0(1 4.00 16.00 8.00 $8,663.00 1,00 8.00 24.tH1 16,011 4.00 16.00 B.OU 0.00 0.00 0.001 O,f)t) $8,663,0 F, Tracking 1, Freaking andReporting 1..00 ton 2.00 5555.00 1.00 2.00 0.(10 0.00 0.00 coo 0.00 0.00 0.00 O.DD 2.00 555 UL' G. Bidden and Construction Assistance 1. Bid Suppolt $0.00 2. Pre-Consfruohon Conference $0.00 3. Construction Questions $0,00 0-(Y)l 01101 0.71 1,1) 0.0(1 OAO U.UU DAU 1).00 U.(H 0.00 $0.00 H. Reimbursable Expenses 1, C res $ $100.00 2. Twat $60.00 3. Dellvory 4 $16G,U(l Rim I Dtog14 TOTAL HOUlu; `.` M. 2i�4 ..-79:00 � di5D0, 23�K? UD '' 2.'ZN?. 32:OG ;:' .4., 9- 2'0- HOURLYR:ATES X175, 19f1 0 =�1fi#b. Si r -W-3-0w, Sl (lAU S14SA0 560. FiztTlDu. ' TOTAL DOLLARS [100 '3331&:OD TVA", $08 t1¢ II-M `,$ZffRi M 51,56 D' 9116 'tHl- 3120 i $39 65.00 M x w NewWork Page 1 SUPPLEMENT#1 - SCOPE OF WORK 4t" Avenue Enhancement Proiect (South) for The City of Pasco. WA General Description: The City of Pasco requested that HDJ provide a supplement proposal outlining additional scope of work for this project to include sidewalk, striping, and illumination improvements for 4t' Avenue between Sylvester Street and Court Street. Additional Scope: HDJ proposes adding the following scope items to the existing scope of work for this project: 1.) Additional site topography for areas that were not originally requested in the survey. 2.) Perform site visit and identify driveway and ADA issues. 3.) Prepare preliminary layout for inclusion in the Open house. 4.) HDJ will now be preparing the entire plan set including a cover sheet. (Assumed 1 sheet) 5,) Perform Luminance analysis and design for the project corridor. 6.) Prepare sidewalk grading and geometry plans for the project corridor. (Assumed 3 sheets) 7.) Prepare signing, striping, and illumination plans for the project corridor. (Assumed 3 sheets) 8.) Prepare Signing and Striping notes and details plan, (Assumed 1 sheet) 5.) Prepare illumination notes and detail plans. (Assumed 3 sheets) 10.) Prepare plans identifying signal modifications at the intersection of Court Street and 4t' Avenue. (Assumed 5 sheets) 11.) Provide project tracking, coordination, deliverables, and address City review comments as outlined in the existing scope of work, City of Pasco,WA August 16,2011 4"'Avenue Enhancement Project(South) Page 1 of 1 AGENDA REPORT FOR: City Council August 15, 201 1 TO: Gary Crutchf 41� anager Workshop Mtg.: 08/22/i l Regular Mtg.: 09/06/11 FROM Bob Gear, Fil` •Chief SUBJECT: Franklin County Master Mutual Aid Agreement I. REFERENCE(S): 1. Franklin County Master Mutual Aid Agreement 11, ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 8122: Discussion 916: MOTION: t move to approve the City's participation in the Franklin County Master Mutual Aid Agreement and, further, authorize the City Manager to execute the document. 111. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Emergency situations over the past ten years have emphasized the need for communities to prepare for events which may overwhelm traditional response agencies such as police, fire and EMS. The proposed Master Mutual Aid Agreement follows national guidelines published by the Federal Emergency Management Agency(I+EMA). B) It is important for communities to look beyond traditional response agencies and recognize the importance of having pre-signed agreements for public works and transportation resources as well as those from other special purpose agencies such as port districts and public utility districts. C) There is also a need to formalize the relationships betwccn governmental agencies and non-governmental agencies or non-profits, such as the American Red Cross and the private sector. Non-governmental agencies play a key role in the response to and recovery from events and disasters. D) While we have many traditional functional area mutual aid agreements in place, there are no consistent,county-wide or multi-county agreements in place that allow the community as a whole to marshal its total strength to respond to and mitigate a major disaster or event. V. DISCUSSION: A) A similar agreement is currently in place in Benton County and one is under consideration in Walla Walla County. It is intended to pursue reciprocal agreements between counties that would further extend the benefits of cooperation and coordination in the region, B) As is usually the case with mutual aid agreements, assistance and participation is voluntary. The agreement simply allows, but does not require response. C) Unlike past traditional mutual aid agreements, the proposed agreement allows for a reimbursement provision between agencies for extended duration emergencies, 4(g) ALL HAZARD MASTER MUTUAL AID AGREEMENT BETWEEN AGENCIES, NON-GOVERNMENTAL GROUPS, AND PRIVATE INDUSTRIES WITHIN FRANKLIN COUNTY, WASHINGTON ;M 1 t Master Mutual Aid Agreement October 2010 Table of Contents Section1. Introduction........................................................................................................................3 Section 2. Authorizations and Authorities....................................................................................4 Section3. Implementation................................................................................................................5 Section 4. Roles and Responsibilities.............................................................................................6 Section S. Requesting and Providing Resources........................................................................7 Section6. Compensation and Reimbursements........................................................................8 a. Compensation............................................................................................................................................8 b. Costs.............................................................................................................................................................8 c. Record Keeping.......................................................................................................................................10 d. Payment....................................................................................................................................................10 Section 7. Insurance, Indemnification/Liability,Claims,and Immunity........................11 Section 8. Interoperable Communications and Information Management..................12 Section 9. Qualifications and Certifications ..............................................................................14 Section10. Resource Sharing.........................................................................................................14 Section11. Administration .............................................................................................................15 Definitions/Index................................................................................................................................17 Master Mutual Aid Agreement Z October 2010 Section 1. Introduction This Master Mutual Aid Agreement (_N4MAA) is made and entered by and between the signatory agencies to this MMAA according to the date when signed by each signatory agency. It is understood that no community owns all of the resources required for all potential emergencies. By sharing resources the needs of most emergencies can be met on the local or regional basis without declaring an emergency as provided by law to garner materials elsewhere. Sharing resources will bring scarce resources to bear on the emergency faster than receiving outside help. Preplanning through an MMAA will help to ensure efficient utilization of the closest,most appropriate, available resources. This MMAA between the parties delineated about and signed hereto: a. Creates a formal stricture for the provision of comprehensive mutual aid between jurisdictions; it is the means for one jurisdiction, or agency, to provide resources, facilities, services and other required support to another jurisdiction, or agency, under specific terms during an incident, b, Provides that no party shall be required to unreasonably deplete its own resources in furnishing aid; C. Provides that the responsible local official in whose jurisdiction an incident requiring mutual aid has occurred shall remain in charge of such incident and provides for the delegation of authorities to single resources and incident management teams; d, Provides that each signatory to this MMAA agrees to develop an operational plan to engage the resources received from and to implement this MMAA in their jurisdictions. Such operational plans must include how resources from all of their participating agencies and private entities that may provide resources during an emergency under this MMAA may be made operational upon request. Each operational plan shall be reviewed by the jurisdiction at least annually; e. Provides that each signatory to this MMAA will cause to keep the Franklin County Communications Center computer aided dispatch system up to date on their resources which are available for mutual aid and type-define such resources according to the National Incident Management System (NLMS); f. This MMAA does not supersede any other mutual aid agreement the signatories may be a signatory to and it is the jurisdiction's responsibility to resolve any conflicts with other plans. '.Master Mutual Aid Agreement 3 October 2010 Section 2. Authorizations and Authorities a. Article I, section 10 of the Constitution of the United States permits a state to enter into an agreement or compact with another state, subject to the consent of Congress. Congress, through enactment of Title 50 U.S.C. Sections 2281(g), 2283 and the Executive Department, by issuance of Exc;culive Orders No. 10186 of December 1, 1950, encourages the states to enter into emergency, disaster and civil defense mutual aid agreements or pacts. h. Robert T. Stafford Disaster Relief and Emergency Assistance Act, as Amended by Public Law 106- 390, October 30, 2000. provides for the federal emergency and disaster response capabilities and rules. c. The National Response Framework, which is the United States' plan for emergency response, details that the Chief Elected or Appointed Official of each jurisdiction is responsible for ensuring the public safety and welfare of that jurisdiction. It further states the emergency manager of each jurisdiction has the day-to-day authority and responsibility for overseeing emergency management programs and activities and for coordinating local emergency planning and resources. These activities include the development of mutual aid agreements. d. Homeland Security Presidential Directive 5 which implements the National Incident Management System. (NIMS)has a critical component which emphasizes mutual aid. e. Fire Protection Act of September 20`', 1922 (Scat. 857; 16 U.S.C. 594). describes federal Fish and Wildlife response to wild fire. f. Reciprocal Fire Protection Act of May 27, 1955 (69 Stat. 66, 67; 42 U.S.C. 1856, 1856A and 1856B) and Wildfire Suppression Assistance Act. of 1989 (102 Stat. 1615): provides the Federal wild fire system to enter into agreements to suppress wild fires, g. Federal Fire Prevention and Control Act of October 291 1974 (88 Stat. 1535; 15 U.S.C, 2201) and Supplemental Appropriation Act of September 19, 1982 (96 Stat. 8:37): provides the U.S. Interior Department policy for the emergency stabilization and rehabilitation on bureau lands and Indian trust lands following wild land fire. h. RCW 38.52.091 sets forth the requirements and content needed for mutual aid agreements. i. RCW 38.52.180 provides certain immunities from liability for registered emergency workers witliin- the scope of their assignments. j. RCW 39.34.030 sets forth the requirements of and between jurisdictions to enter into agreements for joint or cooperative actions. k. RCW 43.43.960-975 sets forth requirements for the Washington State Fire Service Mobilization, 1. RCW 52 provides for Fire Protection Districts, rn. WAC 118.04 describes the Washington State Emergency Worker Program. Master Mutual Aid Agreement 4 October 2010 Section 3. Implementation a. All signers to this MM1+.A shall utilize the National Incident Management System (N1MS) and the Incident Command System(ICS) when responding to, commanding, or planning for emergencies within Franklin County. b. The designated Incident Commander of an emergency situation may call tier mutual aid resources under this MMAA. C. Requests for mutual aid resources will be made through the host dispatch center. d. Each party to this MMAA shall develop a plan known as an Operations Plan providing for the effective mobilization and utilization of its resources to assist with and support emergency or disaster response. Such plans shall list the resources and services that can be made available by the panties to this MMAA and shall indicate the method and manner by which such resources and services can be utilized by the other parties. The plan must further cover the NIMS requirements for Operations Plans as outlined within the checklist included in Annex B: e. Each party to this MMAA agrees to furnish those resources and services to each other as necessary to assist in the combating of emergencies or disasters in accordance with the adopted Operations Plans. f. Personnel sent to render aid under this MMAA remain the employee of the sending agency. Their duties under mutual aid will be directed by the Incident Commander. g. Resources sent will be in good and safe working condition and of the type requested unless otherwise approved by the Incident Commander. Resource list will be included within the operations plan. h. Although an Incident Commander shall expect requested aid to be sent as outlined under this MMAA, any jurisdiction may refuse the request for mutual aid. No jurisdiction will be expected to deplete their resources under a mutual aid request. i. A jurisdiction may withdraw their resources from a mutual aid circumstance upon timely notice to the Incident Commander. At no time should this withdrawal put the requesting jurisdiction in immediate risk of injury to personnel or damage to property. Every attempt will be made by the sending jurisdiction to provide the aid requested until replaeement resources can be found or the Incident Commander can place all emergency personnel in safe conditions as a result of the withdrawal. j. At such time resources requested are no longer available to an Incident Commander and the emergency has not abated and is not improving,an emergency may be declared by the jurisdiction's chief executive or other person delegated that authority. The emergency will be defined as is allowed by the jur'isdiction's rules, codes, laws or other authorities, Should the jurisdiction be overwhelmed and no longer able to manage the incident with available resources, Franklin County may declare an emergency and request help from other counties or the State of Washington. k. At the earliest possible time during an emergency, a demobilization plan will be created or made to be created by the Incident Commander for all resources requested under this MMAA. Master Mutual Aid Agreement 5 October 2010 Section 4. Roles and Responsibilities All parties to this MMAA will; a. Develop a capability to take care of their own employees and internal functions so that they can reliably carry out their critical functions and services under emergency conditions. b. Strive to develop facilities that have a reduced vulnerability to hazards. C. Acquire and manage appropriate equipment, and train personnel to carry out their internal responsibilities and support regional efforts. d. Develop and test internal plans to manage their response as it links to this MMAA and developed Operations Plans. e. Participate in other mutual aid agreements and develop the capability to accommodate/support incoming resources from assisting agencies. f. Maintain or develop a mechanism for proclaiming an emergency. g. Participate in further planning efforts in specific functional areas to create Emergency Support Functions(ESFs), which are consistent with existing procedures and developed Operations Plans. h. Share in the collective effort to educate area residents, employees, customers, clients, and the community to disaster preparedness fundamentals. h Commit to providing a prompt reply to any request for support within Franklin County. j. Participate in maintaining a single point of contact for gathering and disseminating damage information, resource requests,and response priorities within their jurisdiction, community and/or organization. k. Participate in the development of, and sign onto,the requisite Operations Plans. Requesting Parties will: a. First use appropriate organizational resources to address the emergency. K Request and use any available mutual aid resources. C. Request a mission number from Washington State Emergency Management Division when deemed appropriate by Franklin County Emergency Management. d. Proclaim an emergency before requesting assistance from others. C. Communicate its damage assessment infonnation, resource request, and response priorities to Franklin County Emergency Management. f. Utilize the 'stational Incident Management System (NIMS) to provide direction for resources being utilized in response to the event. Assisting Parties will: a. Assess internal capabilities and provide a prompt reply to any request for support from a requesting party, as provided in their Operations Plans, b. Deploy, or deliver, resources and services in a timely manner once a commitment is made. C. Document all communications, decisions, activities, deployments, and deliveries. d. Maintain avenues of communication with employees who have been deployed. e. Perform field operations er coordinating functions under the guidance of the on-scene Incident Commander. Master Mutual Aid Agreement 6 October 2010 f. Demobilize and provide timely activity reports and final documentation. Section 5. Requesting and Providing Resources a. The underlying concepts for resource management in this MMAA are that: i. It provides a uniform method of identifying, acquiring, allocating, and tracking resources. ii. It uses effective mutual-aid assistance, which is enabled by the standardized classification of kinds and types of resources required to support the incident management organization. iii. It uses a credentialing system tied to uniform lraiit.ing and certification standards to ensure that requested personnel are successfully integrated into ongoing incident operations. It assumes the certifying or credentialing organization has assured the criteria have been met by their employee or resource for their certification or credential. iv. Its coordination is the responsibility of the affected Emergency Operations Ccntcrs (EOC) and,'or Multi-Agency Coordination (MAC) Group(s), as well as specific elements of the Incident Command System (ICS) structure. V. It may also encompass resources contributed by private sector and non-governmental organizations. b. All available resources within the context of this MMAA are to be categorized by size, capacity, capability, skill, and other characteristics (Kind and Type), A database of Franklin County resources shall be developed, managed, and maintained by FCEM and resources shall be classified by kind and type. This makes the resource ordering and dispatch process within jurisdictions, across jurisdictions, and between governmental and non-governmental entities more efficient and ensures that Incident Commanders(IC) receive resources appropriate to their needs. C. Resources to be identified in this way include supplies, equipment, facilities, incident management personnel and/or emergency response teams. d, if a requesting party is unable to describe an item using the resource type or classification system, the, requesting party's communications center may provide technical information to enable the requirements to be defined and translated into a specification. C. Requests for items that the 1C cannot obtain locally are submitted through the communications center supporting the incident to the EOC or MAC Group using standardized resource-ordering procedures. If the communications center or EOC is unable to fill the order locally, the order is to be forwarded up to the next level - generally an adjacent local, State, regional EOC, or MAC Group, f. Incident assigned personnel begin mobilizing when notified through established channels. At the time of notification they are given; Master Mutual Aid Agreement 7 October 2010 i. the date,time, and place of departure; ii. mode of transportation to the incident, if necessary; iii, estimated date (if necessary)and time of arrival; iv. reporting location (address,contact name, and phone number); v, anticipated incident assignment; vi. anticipated duration of deployment; vii. resource order number(if available); viii. incident number(if necessary); and ix. applicable cost and funding codes (if necessary). g. The resource tracking and mobilization processes are directly linked. When resources arrive on scene, they must formally check in with the IC, Division Supervisor, Staging, or Check-In (Per ICS). Check in starts the on-scene, in-processing and validates the order requirements. Notification that the resource has arrived is sent back through the system. Section 6. Compensation and Reimbursements a. Compensation— The parties agree that the resources available under this MMAA from each are equivalent by type or credential and agree that the availability and provision of such constitute consideration under this MMAA . b. Costs— The terns and conditions governing reimbursement for any assistance under this MMAA shall be in accordance with the following prnvisions, unless otherwise agreed upon by the Requesting and Assisting Parties. i. Personnel — During the Initial Operations period of assistance, the Assisting Party shall continue to pay its employees according to its prevailing ordinances, riles, and regulations. This is considered to be the period of mutual aid. During Extended Operations or declared emergency the Requesting Party shall reimburse the Assisting Party for all direct and indirect payroll costs and expenses (including travel expenses) inCUTred excepting worker's compensation due to injuries or death occurring while such employees are engaged in rendering aid under this MMAA . Both the Requesting Party and the Assisting Party shall be responsible for payment of such benefits otily to their respective employees.Personnel, including those assigned to an Incident Management Team (IMT), must have adequate rest and recuperation time, and facilities should be provided. Mobilization guides developed at each jurisdictional level and within functional agencies provide appropriate rest and recuperation time guidelines. Important occupational health and mental health issues must also be addressed, including monitoring how such events affect emergency responders over time. Master Mutual Aid Agreement $ October 2010 ii. Equipment/non-expendable resources— The Assisting Party shall be reimbursed by the Requesting Party for the use of its equipment during Extended Operations according to either a pre-established local or State hourly rate, or according to the actual replacement, operation, and maintenance expenses incurred. For those instances in which costs are reimbursed by the Federal Emergency Management Agency, the eligible direct costs shall be detenrined in accordance with 44 CFR 206.228 or by the Washington State Fire Service Mobilization for firefighting equipment. The Assisting Party shall pay for all repairs to its equipment deemed necessary by its on-site supervisors to maintain such equipment in a safe and operable condition. At the request of the Assisting Party, fuels, miscellaneous supplies, and minor repairs may be provided by the Requesting Party, if practical. The total charges, if any, to the Requesting Party shall be reduced by the total value of fuels, supplies, and repairs provided by the Requesting Party. When damage or loss occurs to a non-expendable resource it should be fully accounted for at the incident site and again when they are returned to the home unit. The Requesting Party is responsible to restore the resource to a fully functional capability, if possible. Destroyed beyond repair and/or lost items should be replaced through the incident Supply Unit, by the organization with invoicing responsibility for the incident, or as defined in the Operations Plan. Materials and Supplies,/expendable resources—The Assisting Party shall cover all costs for all materials and supplies furnished by it and used or damaged during the period of mutual aid, unless such damage is caused by gross negligence, willful and wanton misconduct, intentional misuse, or recklessness of the-Requesting Party's personnel. All Parties personnel shall use reasonable care under the circumstances in the operation and control of all materials and supplies used by therm during mutual aid. Under declared emergencies or extended operations, reimbursements may be available. Generally, the measure of reimbursemenL shall be determined in accordance with 44 CFR 206.228 or by the Washington State Fire Service Mobilization for firefighting expendable materials. in the alternative,'the Parties may agree that the Requesting Party will replace, with like kind and quality as determined by the Assisting Party, the materials and supplies used or damaged. Further, materials, supplies, and expendable resources shall also be fully accounted for at the incident and by the Assisting Party upon return. Restocking may occur at the incident or at the point from which a resource was deployed. The incident management organization may bear the costs of expendable resources, as authorized in preplanned financial agreements or as defined in the Operations Plans. Returned resources that are not in restorable condition--whether expendable or non- expendable--must be declared as excess according to established regulations and policies of the controlling entity. Waste management is of special note in the process of recovering resources. Resources that require special handling and disposition (e.g., biological waste and Master Mutual Aid Agreement 9 October 2010 contaminated supplies, debris, and equipment) are dealt with according to established regulations and policies, . iv. Other Cost Allocations - Some Parties to this MMAA may be charging for services or contracting to provide services under a cost allocation formula. For example: An agency may contract with a federal land management agency to provide services to lands outside their jurisdictional boundary. An agency may provide medical services outside their jurisdiction on a per incident basis. Agencies will determine and document, in the Operations Plans, who will be responsible for costs incurred by assisting agencies and these resources will be provided under separate Contracts for Services outside of this MMAA. c. Record Keeping— The Assisting Party shall maintain records and submit invoices for reimbursement by the Requesting Party using the format used by their respective administrative agency. Additional forms and procedures may be required by FEMA publications, including 44 CFR, Part 13, applicable Office of Management and Budget Circulars, and State requirements if the disaster provides for reimbursements through the State from FEMA. Requesting Party and Division finance personnel shall provide information, directions, and assistance for record keeping to Assisting Party personnel. d. Payment— Unless otherwise mutually agreed in a written acknowledgment or contract for service, the Assisting Party absorbs the cost for all reimbursable expenses, This shall not preclude an Assisting Party or Requesting Party from assuming or donating, in whole or in part,the costs associated with any loss, damage, expense or use of personnel, equipment and resources provided to a Requesting Party. e. Reimbursement— Any Requesting Party may reimburse the Assisting Party rendering aid under this system. An Assisting Party may detennine to donate assets of any kind to a Requesting Party. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, the parties shall first meet in a good faith attempt to resolve the dispute. In the event such dispute cannot be resolved by agreement of the parties, such dispute shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Rules of Arbitration (MAR); venue shall he placed in Pasco, Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing patty shall be entitled to its reasonable attorney fees and costs. Personnel of a Party responding to or rendering assistance for a request who sustain injury or death in the course of, and arising out of, their employment are entitled to all applicable benefits normally Master Mutual Aid Agreement 10 October 2010 available to personnel while performing their duties for their employer. Responders shall receive any additional state and federal benefits that may be available to them for line of duty deaths. Section 7. Insurance, Indemnification/Liability, Claims, and Immunity a. All activities performed under this MMAA are deemed hereby to be governmental functions. For the purposes of liability, all persons responding under the operational control of the Requesting Panty are dccmed to be employees of the Assisting,Party. b. Insurance—Each Participating Government shall bear the risk of its own actions, as it does with its day-to-day operations, and determine for itself what kinds of insurance, and in what amounts, it should carry. Each Assisting Party shall be solely responsible for determining that its insurance is current and adequate prior to providing assistance under this MMAA.. No eligibility or protection offered under chapter 38.52 RCW will replace other state mandated insurance coverage required for vehicles, vessels, boats, or aircraft except as specificd in 38.52.180 RCW. All resources are to be covered for general liability, inland marine, auto liability and auto physical damage by the Assisting Party. c. Liability: Each Agency shall be responsible for the wrongful or negligent actions of its employees as their respective liability shal l appear under the laws of the State of Washington and/or Federal Law and this agreement is not intended to diminish or expand such liability. i. To that end,each Agency promises to hold harmless and release all the other participating Agencies from any loss,claim or liability arising from or out of the negligent or inactions of its employees,officers and officials. Such liability shall be apportioned among the parties or other at fault persons or entities in accordance with the laws of the State of Washington. ii. Nothing herein shall be interpreted to: a). Waive any defense arising out of RCW Title 51. b). Limit the ability of a participant to exercise any right., defense,or remedy which a party may have with respect to third parties or the off cer(s)whose action or inaction give rise to loss,claim or liability including hut.not limited to an assertion that the officer(s)was acting beyond the scope of his or her employment c). Cover or require indemnification or payment of any judgment against any individual or Agency for intentionally wrongful conduct outside the scope of employment of any individual or for any judgment for punitive damages against any individual or Agency. Payment of punitive damage awards, fines or sanctions shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her municipal Master Mutual Aid Agreement 11 October 2010 employer, should that employer elect to make said payment voluntarily. This agreement does not require indemnification of any punitive damage awards or for any order imposing tines or sanctions. d. Immunity from Liability, Volunteer Emergency Workers — Duly registered volunteer emergency workers are exempt from some liability or covered for liability by the State of Washington according to 38.52.180 RCW and 118.04 WAC. All parties to this MMAA agree to register all of their volunteers as emergency workers with Franklin County Emergency Management. 118-04 WAC discusses volunteer emergency workers and their class scopes of duty. Each Party agrees to be familiar with these class scopes of duty and understand who is or is not a volunteer emergency worker under the RCW and WAC. e. Evidence Search, Training Event and Mission Numbers —The State of Washington Emergency Management Division will issue evidence search numbers, training event numbers and mission numbers for use when training, meeting with, or using emergency workers in an actual incident. Evidence search and training event numbers provide liability coverage for training events and meetings t}nder 38.52 RCW. A mission number or evidence search number provides coverage for emergency workers during actual missions as well as setting up a reference number for incident resources requested from the State, should there be any. Parties to this MMAA will request training event numbers and mission numbers through Franklin County Emergency Management or other local authorized officials when using emergency workers according to 118.04 WAC and 38.52 RCW. Section S. Interoperable Communications and Information Management Effective communications, information management, and information and intelligence sharing are critical aspects of domestic incident management, Establishing and maintaining a common operating picture and ensuring accessibility and interoperability are principal goals of communications and information management. a, A common operating picture and systems interoperability provide the framework necessary to; i. Formulate and disseminate indications and warnings. ii. Formulate, execute, and communicate operational decisions at an incident site, as well as between incident management entities across jurisdiction and functional agency lines. iii. Prepare for potential requirements and requests supporting incident management activities; and iv. Develop and maintain overall awareness and understanding of an incident within and across jurisdictions. Master Mutual Aid Agreement 12 October 2010 b. Prior to an incident, entities responsible for taking appropriate pre-incident actions use communications and infonmation management processes and systems to inform and guide various critical activities. These actions include rnobili7,ation or pre-deployment of resources, as well as strategic planning by preparedness organizations, MAC Groups, agency executives, jurisdictional authorities, and EOC personnel. During an incident, incident management personnel use communications and information processes and systems to convey the formulation, coordination, and execution of operational decisions and requests for assistance. C. The Parties to this MMAA recognize the importance of interoperable communications for comunand and control of an incident. Agencies receiving assistance under this MMAA will be responsible for establishing an appropriate communications link with all responding agencies prior Io incident assignment. Agencies providing assistance agree not to engage their resources to the mitigation of an incident until such time as effective communications are established. d. Incident communications typically fall into four levels. Responsibility to ensure interoperable communications and infornation sharing changes at each level; Level 1 - These incidents involve a single discipline responding within a single jurisdiction. Communications between the responders is established and requires no further action. The on-scene IC is responsible to ensure appropriate communications and information sharing. Level 2 - Multiple disciplines responding within a single jurisdiction. Communications systems are usually compatible but current concept of operations may include response on individual frequencies with a dispatcher assigned to each frequency. The host agency communications center will be responsible to establish communications and information sharing links. Level 3 - Multiple disciplines and jurisdictions responding within a single jurisdiction, In this scenario you may encounter compatible and non-compatible communications systems. Establishment of effective interoperable communications and information sharing will initially be the responsibility of the host agency communications center. However, the hosting agency EOC is ultimately responsible to establish and maintain interoperable communications and inf'onnation sharing. This responsibility should be moved from the communications center to the EOC as rapidly as possible. Level 4 - Multiple disciplines, jurisdictions and levels of government responding throughout multiple jurisdictions. While this scenario is probably a very rare event communications plans must be established to minimize conflict and maximize the safety and utilization of resources. Interoperable communications and information sharing planning for, and resources for, this event. are the responsibility of local and State Emergency Management programs. Master Mutual Aid Agreement 13 October 2010 Section 9, Qualifications and Certifications a. The development of a national credentialing system is a fundamental component of the National Incident Management System (NIMS). According to the NIMS, "credentialing involves the provision of documentation that can authenticate and verify the certification and identity of designated incident managers and emergency responders" to ensure that response personnel ;,possess a ininimum common level of training, currency, experience, physical and medical fitness, and capability"for the roles they are tasked to fill. b. The NIMS integration Center (NIC) initiated the development of a national credentialing system to help governments at all levels identify, request and dispatch qualified emergency responders from other jurisdictions when needed. C. A national credentialing system ensures that personnel resources requested from another jurisdiction to assist in a response operation are adequately trained and skilled. A national system to verify the identity and qualifications of emergency responders will not provide automatic access to an incident site. This system can serve to prevent unauthorized -- self-dispatched or unqualified personnel— access to an incident site. d. If a person or entity holds a license, certificate or other permit issued by a participating party or the state evidencing qualification in a professional, mechanical or other skill and the assistance of that person or entity is requested by a participating party, the person or entity shall be deemed to be licensed, certified or permitted with the party requesting assistance for the duration of the declared emergency or authorized drills or exercises and subject to any limitations and conditions the chief executive of the participating party receiving the assistance may prescribe by executive order or otherwise. The party owning or employing a resource is responsible to verify or certify the credentials of a resource. Section 10. Resource Sharing a. Incident Resources refer to the combination of personnel and equipment required to enable incident management operations. Resources may be organized and managed in three different ways, depending on the requirements of the incident; i. Single Resources- These are individual personnel and equipment items and the operators associated with them. ii. Task Forces - A Task Force is any combination of resources assembled and requested by the Incident Commander in support of a specific mission or operational need. All resource elements within a Task Force must have connmon communications and a designated leader. iii, Strike Teams - Strike Teams are a set number of resources of the same kind and type that have an established minimum number of personnel. Master Mutual Aid Agreement 14 October 2010 iv. The use of Strike Teams and Task Forces is encouraged, wherever possible, to optimize the use of resources, reduce the span of control over a large number of single resources, and reduce the complexity of incident management coordination and communications. b. The Incident Management Team(IMT) is comprised of interagency management level representatives operating under ICS as section chiefs or other designated management functions. This Team functions under a delegation of authority from the governmental agency requesting the Team. The Teams function is to assume overall management of the on-scene functions of the incident, including coordination and support of operations and resources,platming, maintaining status and cost of resources utilized, record property losses,recommend needed disaster declarations and other major governmental actions. Section 11. Administration C9. Term and Withdrawal —This MMAA shall be in effect for one (1) year from the date herein and is renewed automatically in successive one (1) year terms. Upon no less than sixty (60) calendar days advance written notice a Party may withdraw from this MMAA. Notice of such withdrawal shall be made in writing and shall be served personally or by registered mail to the Director, Franklin County Emergency Management, and by regular mail or facsimile to all other Parties of the MMAA. Notice of withdrawal shall not relieve the withdrawing Participating Party from obligations incurred hereunder prior to the effective date of the withdrawal. b. Termination—This MMAA may be terminated in its entirety by written mutual agreement of all the Parties' herein, C. Effective Date of this MMAA —This Master Mutual Aid Agreement shall become effective as to each party when adopted by resolution and executed by the governing body of the Party, and shall remain operative and effective as between each and every party that has heretofore or hereafter executed this MMAA, until participation in this MMAA is withdrawn by the party. The Director sliall issue an annual report, with updates as needed, to all parties identifying the parties to this MMAA. d. Severability, F.tlfects on Othcr Agreements -- Should any portion, section, or subsection of this MMAA be held to be invalid by a court of competent jurisdiction, that fact shall not affect or invalidate any other portion, section or subsection; and the remaining portions of this MMAA shall remain in full force and affect without regard to the section, portion, or subsection or power invalidated, The withdrawal by one or more of the parties of its participation in this MMAA shall not affect the operation of this MMAA as between the other parties thereto. e. Dispute Resolution —Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, the parties shall first meet in a good faith attempt to resolve the dispute. In the event such dispute cannot be resolved by agreement of the parties, such dispute shall be resolved by Master Mutual Aid Agreement 15 October 2010 binding arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Rules of Arbitration (MAR); venue shall be placed in Pasco, 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. 1. Master Mutual Aid Agreement Maintenance —The Resource List, Appendix A, will be updated by Franklin County Emergency Management as resources are added or removed and the updated list will be delivered to the Parties at least annually. g. Any Party may request modification of this MMAA by submitting the recommended change in writing to Franklin County Emergency Management. The Director will then deliver the recommended change to each Party for review and approval. Approval by the legislative boards of a majority of the Parties will cause the modification to be included in this MMAA and all parties will then be subject to the modified MMAA. Master Mutual Aid Agreement 16 October 2010 Definitions/Index The glossary of terms and definitions included below are adopted by the Parties and provide. a cornmou, standardized understanding of temtinology commonly used in emergency management. These teens are identified in the federal resource typing initiative and are to be used in the development of EOPs. A Arbitration: the use of an unbiased third party to resolve disputes. -11,15 Assisting Parties:The jurisdiction providing aid to another jurisdiction as authorized under this Master Mutual Aid Agreement.•6.8,4.10,11 C Compensation:Payment for materials,service,or losses. •8 Costs:Personnel,equipment,non-expendible resources,materials and supplies,and other outlay that may or may not be reimbursable under this agreement. -8 Credential:credentialing:uniform training and certification standards.The employer or sponsor of an individual is expected to verify the credentials of its employees and volunteers.•7,8,14 D Declared emergemies:the official action from a jurisdiction to announce an emergency is likely to exceed local capabilities. Generally,jurisdictional approval of this declaration puts the next level of governmental jurisdiction on notice that the declaring jurisdiction is likely to exceed their capability to respond to a particular emergency and they may need assistance beyond mutual aid.It may also allow the jurisdiction to suspend certain laws,codes,activities,government employment conditions and other things to help to mitigate or respond to the emergency,depending on the jurisdictions legal authority. •8,9 Demobilization plan:demobilization plan:a written plan to downsize the response to an incident as the situation is mitigated and resources are no longer required.It includes accountability for resources used and compensation that may be required,.6,7 Delegation of Authority:The transfer of management authority for actions during an incident is done through the execution of a written delegation of authority from en Agency to the Incident Commander.This procedure facilitates the transition between incident management levels.The delegation of authority is a part of the brieting package provided to an incoming incident management team. It should contain both the delegation of authority and specific limitations to that authority.3 E Emergency: any occun•&.nce,or threat thereof including,but is not limited to,any human-caused or natural event or circumstance iaritbin the area of operation of any part to this agreement causing or threatening loss of life,damage to the environment,injury to person or property,human suffering or financial loss, such as: fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of hazardous materials, contain i nation, utility or transportation emergencies, disease, infestation,civil disturbance,riots,act of terrorism or sabotage;said event being or is likely to be beyond the capacity of any affected party or parties,in teens of personnel,equipment and facilities,thereby requiring assistance. Master Mutual Aid Agreement 17 October 2010 Emergency Operations Centers:A physical location where strategies are developed and r"ource allocation decisions are made by those with authority to make such decisions. • 7 Emergency Operations Plan: A community's plan for mitigating,responding to.recovering frost,and planning for emergencies and disasters within the community. • 5,6,9 Emergency Support Funedons: Functional areas of emergency response and emergency support as outlined in an EOP. , 6 Emergency Worker: Volunteer emergency workers are defined within Washington State Revised Code. • 4 EOC• See emergency operations center EOP• See Emergency Operations Plan ESF•See emergency support functions Evidence Search: Mission number assigned by Washington State EMD through Franklin County Emergency Management or other local authority to track accountability and costs of evidence searches and to provide volunteers with liability protection, • 12 Expendable resources:Miscellaneous supplies and materials normally expected to be consumed during an incident or activity. • 9 Extended Operations:phase of an incident when initial operations capabilities have been exceeded as determined by the IC. Mutual aid has been exhausted at this point and more outside resources are being ordered. • 8,9 F Franklin County Emergency Management(FCEM): The agency formed by an interlocal agreement between the political jurisdictions within Franklin County,Washington to provide required emergency management services.-6,12,15,16 Federal Emergency Mattagement Agcncy:The division within U.S. Homeland Security that is the liaison and federal response agency for major emergencies and disasters. • 9 I 1C• See incident commander Immunity: Duly registered volunteer emergency workers are exempt from some liability or covered for liability by the State of Washington according to 38.52.180 RCW and 118.04 WAC.• i 1, 12 IMT• See incident management team Incident Command System:The incident Command System,or WS,is a standardized,on-scene,all-hazard incident management concept, ICS allows its users to adopt an integrated organizational structure to snatch the complexities and demands of single or multiple incidents without being hindered by jurisdictional boundaries. It is the tactical all-hazard command system for managing the field tactics in incidents.It is flexible and scalable for the size or complexity of an incident organized under a common framework so disparate agencies can work together effectively and efficiently. • 5,7 incident Commander:is the person responsible for all aspects of an emergency response;including quickly developing incident obiectives,managing all incident operations,application of resources as well as responsibility for all persons involved.The Incident Commander sets priorities and defines the organisation. - 5,6,7, 14,vi Incident Management Tearn. - 8 Incident Management Team:a trained incident command system team,type defined by the complexity of an incident,which manages an incident according to what has been assigned to them through an official,signed document by an agency or MAC group.That document and act is known as a delegation of authority. - 3 It)deninification/Liability:means to hold hamrless. - 1 1 Initial Operations period, action taken by resources first to arrive at an incident and has not exceeded mutual aid capabilities as determined by the IC. - 8 Insurance• i l Interoperable Communications:Common operating picture for getting a message or communication efficiently and quickly to where it needs to go.Interoperable communications includes telecommunications that can communicate with each other, common terminology,common forms,shared intelligence,and so forth. - 12 Master Mutual Aid Agreement 18 October 2010 L Liability• 1 A/I MAC Group:Multi Agency Coordinating Groups consist of the policy makers in Franklin County.They are the individuals that have authority to assign their jurisdiction's resources outside of their jurisdiction. • 7, 13 Masicr Mutual Aid Agreement(MMAA):Written agreement between agencies and/or jurisdictions in which they agree to assist one another upon request,by furnishing personnel and equipment. • 3,6, 15, 16,i Mission Numbers:The Washington State Emergency Management Division shall assign a mission number to approved missions or other emergency activities.The local authorized official shall notify emergency management division as soon as practical of all missions or other emergency activities under their jurisdiction and request the assignment of a mission number.The mission number assigned shall be a reference for the dispatch of resources to assist in the mission,recordkeeping,and reimbursement of any emergency worker compensation claims filed in connection with that mission. 6,• 12 MMAA•sce Master Mutual Aid Agreement N National Incident Management System:The n»tinnal slandard fior managing incidents Thal requires the implementation of ICS, 3,4,5,6, 14 NIC • See NIMS integration Center NIMS• see National incident Management System NiMS Integration Center:The PEMA Division that oversees all aspects of NIMS including the development of compliance criteria and implementation activities at federal,state and local levels. It provides guidance and support to jurisdictions and incident management and responder organizations as they adopt the system. - 14 Nan-expendable resource:resources that are routinely expected to be useful at the end of an incident,such as,but not limited to. equipment and tools. • 9 O Operational plan: the Party's strategic plan for implemeridng this MMAA and for delineating how the Party will respond to emergencies. • 3 P Party to this MMAA: any.jurisdiction Or entity that is signatory to this MMAA. • 5 Q Qualifications and Certifications:credentialing involves the provision of documentation that can authenticate and verify the certification and identity of designated incident managers and emergency responders"to ensure that response personnel "passeSS a minimum common level of training,currency,experience,physical and medical fitness,and capability"for the roles they are tasked to fill.Credentials must he verified by the home agency of the resource with the credential. , 14 Master Mutual Aid Agreement 19 October 2010 R Reimbursable expenses:Any agreed-to service or resource the Requesting Party has agreed to pay the Assisting Party.Under a declared emergency,reimburscnicntc from the State or Federal Government may also be allowed. • 10 Requesting Parties:The jurisdiction requesting mutual aid from another jurisdiction as authorized under this MMAA. • G,7,8, 9, 10 Resources:Personnel,overhead.equipment,services and supplies available,or potentially available,for assignment to incidents. • 3,4,5,6,7,8, 10, 12, 13, 14, 15, 16 S Severability• 15 Single Resources:An individual,a piece of equipment and its personnel complement,or a crew or team of individuals with an identified work supervisor that can be used on an incident.- 14 Span of control:To limit the number of responsibilities and resources being managed by any individual,the ICS require,that any single person's span of conn-ol should be between three and seven,with five being ideal. • 15 Staging: Staging areas arc established for check in and temporary location of available resources. • 8 Strike Teams- Specified combinations of the same kind and type of resources,with common communications,and a leader. • 15 T Task Forces: a grouping of unlike resources to perform a specific mission or task as ordered by the IC. • 14, 15 Training Event- 12 Type,types,typing:The N1MS1iC;S inethod for describing resources according to size and capabilities,Typing resources allows an 1C to know exactly what they are ordering and will receive. • 7 IF Washington State Fire Service Mobilization• 4,9 Master Mutual Aid Agreement 20 October 2010 AGENDA REPORT FOR: City Council August 11, 2011 TO: Gary Crutchti Manager Workshop Mtg.: 8/22/11 a Regular Mtg.: 9/6/11 FROM: Stan Strebel, Df puty City Manager. SUBJECT: PMC Amendments on Criminal Background Checks I. REFERENCE(S): 1, Proposed Ordinance It. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 8/22. Discussion 9/6: MOTION: I move to adopt Ordinance No. amending the Pasco Municipal Code regarding state and federal and criminal background checks and, further, authorize publication by summary only. III. FISCAL IMPACT: $30 fee, plus direct costs payable by applicant IV. HISTORY AND FACTS BRIEF: A) In a number of instances, the City code provides that a check of criminal history or background be completed on a licensee/applicant prior to issuance. Recent legislation at the state level provides access to federal criminal history information (FBI) through the Washington State Patrol. Up to now, access to information outside of the state has been limited. B) Access to both state and federal criminal history will provide the City with better information for malting licensing decisions and, therefore, provide better protection to the public. C) The attached draft ordinance incorporates a new fee section (3.07.075) as well as a new process, as recommended by the FBI (5.08.045). The proposed $30 fee to the City is expected to cover the City's processing casts; direct costs of other agencies will be passed along to applicants. U) Existing Code sections referring to/requiring criminal histories are amended to reference the proposed new process. These are as follows: • Section 3 -- 5.08.060 Solicitation License • Section 4 — 5.12.018 Pawnbrokers and Second Hand Dealers • Section 5 — 5.16A.040 Carnivals and Circuses • Section 6 — 5.25.040 Dance Halls • Section 7 —5.25.050 Public Dances • Section 8 — 5.27.160 Adult Entertainment Facilities • Section 9 — 5.27.170 Adult Entertainment Workers • Section 10— 5.45.110 For Hire Drivers V. DISCUSSION- A) Staff recommends adoption of the ordinance. 4(h) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, creating Section 3.07.075 "State and Federal Background Investigation Criminal History Check"; and Section 5.08.045 "State and Federal Background Investigation Criminal History Check"; amending Section 5.08.060 "Investigation-Character and Business Responsibility"; creating Section 5.12.018 "Criminal History Check"; amending Section 5.16A.040 "Investigation and Determination"; amending Section 5,25.040 "Dance Halls"; amending Section 5.25.050 "Public Dance"; amending Section 5.27.160 "Applicant Investigation-Adult Entertainment Facility"; amending Section 5.27.170 "Applicant Investigation- Manager Wait Person and Entertainer'; and amending Section 5.45.110 "Driver's Permit-Requirements." WHEREAS, recent law contained in RCA' 35A.21.370 provides for State and Federal criminal background checks of license applicants and licensees of occupations under local licensing authority when said authority establishes an ordinance or ordinances requiring such consistent with 28 CFR § 20.33(3); and WHEREAS, the City has previously by Ordinance required criminal background checks of applicants for dance halls, public dances, and for-hire driver permits; and WHEREAS, City staff has recommended to Council that criminal background checks be authorized for certain other license applications and occupations; and WHEREAS, Council having reviewed this matter, determined that performing criminal background checks for certain license applicants and occupations is in the best interest of the citizens of the City of Pasco to provide for the health, welfare, morals., and governance of the people; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a new Section 3.07,075 entitled "State and Federal Background Investigation Criminal History Check" of the Pasco Municipal Code shall be and hereby is created and shall read as follows: Criininal History Check Ordinance Page I 3,07,075 STATE AND FEDERAL BACKGROUND INVESTIGATION CRIMINAL HISTORY CHECK. Fee/Char e Reference A) Criminal History Check $30.00 5,08,060 5.12,018 5.16A.040 5,25,040 5.25,050 5.27,160 5,27,170 5,45,l 10 Section 2. That a new Section 5.08.045 entitled '`State and Federal Background Investigation Criminal History Check" of the Pasco Municipal Code shall be and hereby is created and shall read as follows: 5.08.045 STATE AND FEDERAL BACKGROUND ,INVESTIGATION CRIMINAL HISTORY CHECK. A) pursuant to PMC 5.08.060, 5,12.018, 5.16A.040, 5.25.040, 5,25.050, 5.27.160, 5,27.170 and 5.45.110, certain licenses require satisfactory completion of a State and Federal background investigation to include a criminal history check performed in accordance with RCW 35A.21.370 and 28 CFR § 20.33(3). B) Applicants for licenses requiring a criminal history check shall submit fingerprints to the City which will submit the fingerprints to the Washington State Patrol and the Federal Bureau of Investigation. C) In addition to any fee required by PMC 3.07.075, the applicant shall submit appropriate fees as required by the Washington State Patrol and the Federal Bureau of Investigation, Once the results of the Washington State Patrol and the Federal Bureau of Investigation check are returned to the City, the information will be promptly reviewed and the license application processed, D) In the event the applicant is an entity and not an individual, the City may require criminal history checks be performed for any officers, agents, employees, or owners of the entity seeking the license. I?) If the applicant is a private individual or entity, the City shall render a fitness determination based upon the results of the criminal history check and communicate its fitness determination to such private individual or entity. If an applicant is a public entity, the City shall: 1) Render a fitness determination based upon the results of the criminal history check and communicate its fitness determination to the public entity; or Criminal History Check Ordinance Page 2 2) Disseminate the results of the criminal history check to the public entity for a fitness determination. F) In rendering a fitness determination, the City shall decide whether the applicant has been convicted of or is under pending indictment for: 1) A crime which bears upon the applicant's ability or fitness to serve in that capacity; or 2) Any felony or a misdemeanor which involved force or threat of force, controlled substances, or was a sex-related offense. G) An applicant may request and receive a copy of the applicant's criminal history record information from the City. Section 3. That Section 5.08.060 entitled "Investigation — Character and Business Responsibility" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 5.08.060 INVESTIGATION AND CRIMINAL HISTORY CHECK — CHARACTER AND BUSINESS RESPONSIBILITY. The original copy of the application shall be referred to the Chief of Police, who shall promptly make an investigation of the applicant's character and business responsibility. Criminal history checks i e formed in accordance with PMC 5.08.045. If the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and the reason therefore and return the application to the City Clerk. The City Clerk shall notify the applicant that his application is disapproved and that no license will be issued. If the Chief of Police finds that the applicant's character and business responsibility are satisfactory, he shall endorse his approval on the application and return it to the City Clerk, who shall, upon payment of the license fee and the filing of bond as provided for in this chapter, issue the license. (Prior code Sec, 3-8,24.) Section 4. That a new Section 5.12.018 entitled "Criminal History Check" of the Pasco Municipal Code shall be and hereby is created and shall read as follows: 5,12.018 CRIMINAL HISTORY CHECK. For each applicant for a license under this Chanter, the City shall perform a criminal history check in accordance with PMC 5.08.045. Section 5. That Section 5. 16A.040 entitled "Investigation and Determination" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 5.16A.040 INVESTIGATION AND DETERMINATION. Upon receipt of such application, the City Clerk shall cause such investigation of such persons or persons business responsibility to be made as is deemed necessary for protection of the public good and shall refer the application to the Community Development and Fire Department for determination as to compliance with applicable codes. Criminal history checks shall be performed in accordance Criminal History Check Ordinance Page 3 with PMC 5.08.045. An application shall be denied by the City Clerk upon written findings that the applicant's business responsibility is unsatisfactory or that the proposed business activity will violate any applicable law, rule or regulation. Otherwise, upon submittal of the required application and information and following collection of fees and receipt of approvals from applicable City departments, the Health District (if applicable) and the Department of Labor and Industries, the City Clerk shall issue the license. (Ord. 2850 Sec. 1, 1991.) Section b. That Section 5.25.040 entitled "Dance Halls" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 5.25.040 DANCE HALLS. In addition to the application as required in Section 5.25.030 above, the applicant for Dance Hall operation shall submit: A) A statement that the premises are in compliance with all City laws, including but not limited to building, zoning, planning and fire codes, together with attached documentation of an inspection of the premises conducted not more than sixty (60) days prior to the date of application. B) A statement that the applicant will, in the conduct and operation of the Dance Hall, comply with all City laws, including, but not limited to the Noise Control Ordinance, C) A security plan identifying the method and qualification for providing one (1) security officer for each one hundred (100) persons upon the premises. D) Description of other food, beverage, or services provided on the premises with copies of necessary permits and licenses. E) A statement identifying the individual entity liable for the collection and payment of the City admission tax, d-rei,-ase-al•lowi a apt lican#��- iri i rl ff — i- h r i� ,,a„,� mf Dan e1, (Ord, 3524 Sec. 4; 2001.) F) The City shall perform a criminal history check in accordance with PMC 5.08.045 for all applicants seeking a permit under this Chapter. Section 7. That Section 5.25.050 entitled "Public Dance” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 5.25.050 PUBLIC DANCE. Any public dance, other than those conducted on the premises of a dance hall, and in addition to the application provided in Section 5.25.030 above, shall: A) Identify the date and time of the conduct of the public dance. A Permit shall be required for each date and time the public dance is to be conducted and shall only be good for the place, date and time specified in the Permit. Criminal History Check Ordinance Page 4 B) A security plan identifying the method and qualification for providing one (1) security officer for each one hundred (100) persons upon the premises. C) Description of other licensed food, beverage, or services provided on the premises. D) A statement identifying the individual liable for the collection and payment of the City admission tax. .. app I-' (Ord. 3524 Sec. 4, 2001.) F) The City shall perform a criminal history check in accordance with PMC 5.08.045 for all applicants scekin;a a pumit under this Chaptwr. Section 8. That Section 5,27.160 entitled "Applicant Investigation — Adult Entertainment Facility" of the Pasco Municipal Court shall be and hereby is amended and shall read as follows: 5.27.160 APPLICANT INVESTIGATION - ADULT ENTERTAINMENT FACILITY. A) Upon filing of an application for an adult entertainment facility business license, the City Manager shall forward copies of the application for review by the Police Chief, the City Planner, and Building Inspector; and I) Within thirty (30) days of the date of the application for an adult entertainment facility business license, the Police Chief shall investigate the statements set forth in the application and report to the City Manager whether the information received by the Police Chief confirms the information in the application. 2) Within thirty (30) days of the date of an application for an adult entertainment facility business license, the City Planner shall inspect the proposed premises of the adult entertainment facility and report to the City Manager whether the location of the proposed adult entertainment facility complies with the zoning regulations of the Pasco Municipal Code. 3) Within thirty (30) days of the date of the application for an adult entertainment facility business license, the Building Inspector shall inspect the proposed premises of the adult entertainment facility and report to the City Manager whether the premises complies with the fire, safety and building code regulations of the Pasco Municipal Code, Criminal History Check Ordinance Page 5 4) Within thirty (30) days of the date of the application for an adult entertainment facility business license, the City Planner and Building Inspector shall inspect the interior layout, lighting, signage, and other features of the premises and report to the City Manager whether the premises complies with the provisions of this Chapter. B) The City shall perform a criminal history check in accordance with PMC 5.08.045 for all arlicants seeking; a license under this Chapter. (Ord. 3262 Sec. 3, 1997.) Section 9. That Section 5.27.170 entitled "Applicant Investigation — Manager Wait Person and Entertainer" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 5.27.170 APPLICANT INVESTIGATION - MANAGER, WAIT PERSON AND ENTERTAINER. Upon filing of an application for an adult entertainer's license, adult waitperson's license or adult entertainment facility manager's license, the City Manager shall forward copies of the application to the Police Chief, Within three (3) working days of the date of the application, the Police Chief shall investigate the statements set forth in the application and report to the City Manager whether the information received by the Police Chief confirms the information in the application. Additionally, the City shall perform a criminal history check in accordance with PMC 5.08.045 for all atvlicants seeking a license under this Chapter. (Ord. 3262 Sec. 3, 1997.) Section 10. That Section 5.45.110 entitled "Driver's Permit — Requirements" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 5.45-110 DRIVER'S PERMIT - REQUIREMENTS. Before a Driver's Permit shall be issued, the applicant shall submit to and / or supply the following to the Pasco Police Department: A) To being fingerprinted for a non-refundable fee as set forth in Chapter 3.07 of this code; B) Photographed annually for a non-refundable fee as set forth in Chapter 3.07 of this code; C) Driver's check; D) Criminal history check—annually for a one time non-refundable fee as set forth in Chapter 3.07 ( 114. 2 .. and such fees as may be established. by an bhe Washington State Patrol d the Federal Bureau of Investigation. Criminal history checks erformcd under this section shall be in accordance with PMC 5.08.045; E) Health Department TB test results on an annual basis; and F) Outstanding warrants check. Criminal History Check Ordinance Page 6 The Chief of Police shall notify the City Clerk with the approval or disapproval of the applicant's qualifications. (Ord. 3938, 2009; Ord. 3858, 2008; Ord. 3335 Sec. 2, 1998.) Section 11, This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this day of , 2011. Matt Watkins, Mayor ATTEST; APPROVED AS TO FORM: Debra l.. Clark, City Clerk Leland B. Kerr, City Attorney Criminal History Check Ordinance Page 7 AGENDA REPORT n FOR: City Council August 3, 2011 TO: Gary Crtttchfi v M alter Workshop Mtg.: $/22/11 Regular Mtg.: 9/6/11 FROM: Stan Strebel, D7eputy ity Manager i SUBJECT: Outdated PMC Chapter, 1.08 Elections I. REFERENCE(S): 1. Proposed Ordinance 2. PMC Chapter 1.08 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 8/22: Discussion 9/6: MOTION: I move to adopt Ordinance No. , repealing Chapter 1.08 of the Pasco Municipal Code and, further, to authorize publication by summary only. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) It has come to the attention of staff that PMC Chapter 1.08, which addresses voter registration processes under the direction of the City Clerk is no longer applicable; the County Auditor being responsible to supervise elections and voter registration activities. V. DISCUSSION: A) As PMC 1.08 is no longer needed, staff recommends repeal of the Chapter by adoption of the attached ordinance. ORDINANCE NO. AN ORDINANCE Repealing Chapter 1,08 "Elections" of the Pasco Municipal Code. WHEREAS, the provisions of Chapter 1.08 of the Pasco Municipal Code have been determined to be no longer applicable under Washington State law; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 1.08 entitled "Elections" of the Pasco Municipal Code is hereby repealed in its entirety. Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage, and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this day of , 2011. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney CHAPTER 1.08 ELECTIONS Sections: 1.08.010 TEMPORARY REGISTRATION FACILITIES ESTABLISHED. ................. 12 1.08.020 DOOR TO DOOR REGISTRATION. ...................................................12 1.08.030 TRAINING CLASS FOR DEPUTY REGISTRARS. .................................12 1.08.040 FRAUDULENT REGISTRATION OF UNQUALIFIED PERSONS. .............13 1.08.050 COMPENSATION OF REGISTRARS...................................................13 1.08.010 TEMPORARY REGISTRATION FACILITIES ESTABLISHED. There are established temporary registration facilities at the Franklin County Courthouse and the Pasco Public Library, 1320 West Hopkins Street, Pasco, Franklin County, Washington during the fifteen day period excepting Sundays prior to the last day to register in order to be eligible to vote at a state primary election or municipal primary election and during the fifteen day period excepting Sundays prior to the last day to register in order to be eligible to vote at a state general election or municipal general election. The City Clerk may also establish additional temporary registration facilities other than those named above if such are necessary and shall submit the number of such additional facilities and their location to the City Council for approval at a regularly scheduled council meeting prior to the date such additional facilities are to be operated. Each additional temporary registration facility shall be open from nine a,m. to five p.m. and shall be manned by no less than two deputy registrars to be selected by the City Clerk from the registered voters of the City. Deputy registrars shall hold office at the pleasure of the City Clerk. (Prior code Sec. 1-2.04.) 1.08.020 DOOR TO DOOR REGISTRATION. In addition to the temporary registration facilities provided for in Section 1.08.010, the City Clerk shall appoint deputy registrars to conduct door to door registration in the City during the time period prior to both state and municipal primary elections and state and municipal general elections as set forth in Section 1.08.010. These registrars shall be selected from a list of persons qualified to act as registrars and certified to and submitted by the chairman of the county central committee of each major political party. All such registrars must be registered voters of the City and shall hold office at the pleasure of the City Clerk. Each major political party shall be equally represented and no more than six persons shall be selected from any one major political party. In the event a major political party fails to submit a list of persons qualified to act as registrar, the City Clerk shall then have the right to select those persons to conduct door to door registration from a list of the registered voters of the City. (Prior code Sec. 1-2.08.) 1.08.030 TRAINING CLASS FOR DEPUTY REGISTRARS. The City Clerk shall hold a training class to instruct persons selected to serve as deputy registrars under both Section 1,08.010 and Section 1.08.020 of this chapter in registration procedure not more than ninety days prior to the elections set forth in this chapter. These persons PMC Title 1 1/18/2011 12 shall then be qualified to act as registrars for a two-year period. (Prior code Sec. 1- 2.12.) 1.08.040 FRAUDULENT REGISTRATION OF UNQUALIFIED PERSONS. Every deputy registrar who fraudulently registers an unqualified person is guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine not exceeding three hundred dollars or by imprisonment in the City jail for a period of not exceeding ninety days, or by both such fine and imprisonment. (Prior code Sec. 1-2.16.) 1.08.050 COMPENSATION OF REGISTRARS. The compensation of registrars under this chapter shall be the same as provided by state law (RCW 29.07.040) as it now exists or may be amended or added to in the future. (Prior code Sec. 1-2.20.) PMC Title 1 1/18/2011 13 AGENDA REPORT FOR: City Council ­ August 3, 2011 TO; Gary Crutchfie C •tanager Workshop Mtg,: 8/22/11 Regular Mtg.: 9/06/11 FROM: Lynne Jackson, Human Resources Manager SUBJECT: Bargaining Contract for Code Enforcement Officers and Permit Technicians 1. REFERENCE(S): 1. Proposed Collective Bargaining Agreement (Council packets only; copy available for public review in the Human Resource office, the Pasco Library or on the city's webpage at htt ://w,,vw. asco-wa. oy/DocumentView.as x`?DID=3664) 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 8/22: DISCUSSION 9/22: MOTION: 1 move to approve the Collective Bargaining Agreement with the TUOE, Local 280, code enforcement officers and permit technicians, for years 2011-2012 and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: 2011: No fiscal impact 2012: Maximum increase of$5,037.00 1V. HISTORY AND FACTS BRIEF: The previous contract terminated December 31, 2010. V. DISCUSSION: The city and representatives of the Code Enforcement Officer and Permit Technicians (5 employees total) in the Inspection Services Division of the Community and Economic Development Department who are represented by IUOE, Local 280 have reached tentative agreement on a new, ti.vo-year contract. The bargaining unit has voted to approve it. Following is a listing of the significant changes: • Effective January 1, 2011: No wage increase for all represented employees Insurance premium contribution of 10%; insurance premium cap of 5% (of monthly wage) • Effective January 1, 2012: Increase of 901ro CPI-U (Oct-Oct 2011, B/C western cities) 0- 2%, min/max. Insurance premium contribution increases to 12%; premium cap of 5% (of monthly wage) • Contract language consistent with policies governing non-represented employees. Staff recommends Council ratification of the Agreement 4(j)