HomeMy WebLinkAbout2012.05.29 Counicl Special & Workshop PacketAGENDA
PASCO CITY COUNCIL
Special Meeting 7:00 p.m. May 29, 2012
1. CALL TO ORDER
2. ROLL CALL
(a) Pledge of Allegiance.
3. BUSINESS ITEMS
(a) Housing Authority Board Appointment:
1. Agenda Report from Gary Crutchfield, City Manager dated May 24, 2012.
MOTION: I move to appoint Greg Garcia to Position No. 4 on the City of Pasco and
Franklin County Housing Authority Board, term to expire 1/28/15.
4. ADJOURNMENT
FOR:
FROM:
SUBJECT:
I.
II.
III.
IV.
AGENDA REPORT
City Council May 24, 2012
Gary Crutch e d ity Manager Special Mtg.: 5/29/12
Housing Auth ity oard Appointment
REFERENCE(S):
ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS
5/29: MOTION: I move to appoint Greg Garcia to Position No. 4 on the City of Pasco
and Franklin County Housing Authority Board, term to expire
1/28/15.
HISTORY AND FACTS BRIEF:
A) The Housing Authority is a separate municipal corporation governed by its
appointed board of directors. The Authority's basic mission is to provide safe and
habitable housing for households with incomes below 80% of the regional
medium household income. In the case of the Pasco Housing Authority, it owns
and operates about 300 housing units in Pasco and offers other housing
opportunities as other federal programs are made available and deemed
appropriate by the Board.
B) A Joint Housing Authority for the City of Pasco and Franklin County was formed
in 1981 by joint Resolution. The Housing Authority Board is comprised of five
Commissioners who are appointed for a term of office of five years. The
Commissioners for Position Nos. I and 3 are selected by the Franklin County
Commissioners. Likewise, the Commissioners for Position Nos. 2, 4 and 5 are
selected by the Pasco City Council and must reside within the City.
DISCUSSION:
A) Mayor Watkins requests Council's concurrence in his appointment of Greg Garcia
to the City of Pasco and Franklin County Housing Authority Board.
3(a)
AGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. May 29, 2012
Please note that our Council Meeting will take place on Tuesday, May 29
as City Hall will be closed Monday, May 28 in honor of Memorial Day.
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance.
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
(a) Pasco Public Facilities District Annual Report. (NO WRITTEN MATERIAL ON
AGENDA) Presented by Bob Tippett, Pasco Public Facilities District Board President.
(b) WCIA Insurance Summary Update. (NO WRITTEN MATERIAL ON AGENDA)
Presentation by: Stan Strebel, Deputy City Manager,
(c) Pasco Boat Basin Lease Request for Proposals:
1. Agenda Report from Rick Terway, Administrative & Community Services Director dated
May 22, 2012.
2. Vicinity Map.
3. Draft Request for Proposals.
(d) Non - Represented Cost of Living Adjustment:
1. Agenda Report from Gary Crutchfield, City Manager dated May 25, 2012.
(e) Civil Service Commission Appointment:
1. Agenda Report from Gary Crutchfield, City Manager dated May 23, 2012.
2. PMC 2.33.
3. RCW 41.08.030.
4. Application, Eduardo Rodriguez (Council packets only).
(f) Municipal Prosecutor Agreement Renewal:
1. Agenda Report from Stan Strebel, Deputy City Manager dated May 16, 2012.
2. Proposed Agreement.
5. OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
6. EXECUTIVE SESSION:
(a) Acquisition of Real Estate
(b)
(c)
7. ADJOURNMENT
AGENDA REPORT
FOR: City
TO: Gary
FROM: Rick Terwa Y, Pictor (
Administrativ and Co munity Services Department
SUBJECT: Pasco Boat Basin Lease Request for Proposals
I. REFERENCE(S):
1. Vicinity Map
2. Draft Request for Proposals
May 22, 2012
Workshop Mtg.: 5/29/12
Regular Mtg.: 6/4/12
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
5/29: Discussion/Direction
6/4:
III. FISCAL IMPACT
None at this time
IV. HISTORY AND FACTS BRIEF:
A. In 1998 the city signed a Master Lease Agreement with the Corp of Engineers for the
shoreline areas of the Columbia River, including the portion known as the Pasco Boat
Basin.
B. In 2001 the city entered into a 10 year sublease agreement with Cascade Marina LLC
for lease of the marina at the Pasco Boat Basin. The lease was extended in 2011 for 1
year due to the various studies that were taking place on the feasibility of re-
development of the surrounding area.
C. During the period of the lease, Cascade Marina has made some attempts to improve
the property and business with little success. Negotiations for lease extensions were
also attempted with no agreement reached. Permits were obtained from the Corp of
Engineers (by Cascade Marina) for improvements, but Cascade Marina has not had
the financial ability to move forward with the projects.
V. DISCUSSION:
A. The RFP process enhances the city's opportunity to implement improvements
suggested in the "Boat Basin and Marine Terminal Plan" and the "Tri- Cities
Rivershore Master Plan".
B. Staff met with Port of Pasco staff and they will consider working with the City and
Lessee on improvement of the east end of the boat basin property in conjunction with
their comprehensive development plan for Osprey Point.
C. Once the City and the selected operator have negotiated an agreement the sublease
has to be approved by the USACE. This approval process could take up to ninety
(90) days.
D. Staff requests Council review of the draft RFP and identify any changes it deems
appropriate and authorization to issues the RFP.
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City of Pasco, Washington
Request for Proposal
for
Pasco Boat Basin Marina Operations
CITY OF PASCO
REQUEST for PROPOSALS
Project Title: Pasco Boat Basin Marina
General Information
The City of Pasco is located in southeast Washington State with a population of
approximately 60,000 residents. The City has a City Manager - Council form of
government, and operates as an Optional Municipal Code City under RCW 35A. Pasco
is a part of the rapidly growing Tri- Cities, which include Pasco located in Franklin
County, and Richland and Kennewick located in Benton County. With a population of
235,700, Tri- Cities is the fourth largest and fastest growing Metropolitan Statistical Area
in Washington State. Pasco also has a growing retirement population, attracted by the
region's moderate climate, outdoor recreational opportunities, and access to medical
care. Pasco is the home of the Tri- Cities Regional Airport and is a transportation hub
with rail, river, air and Interstate access.
Pasco:
• One of the fastest growing cities in Washington State (Tri Cities Visitor and
Convention Bureau)
• One of leading cities for growth and development, ranking 29th in the country
(Tri Cities Visitor and Convention Bureau)
Pasco- Richland- Kennewick:
4th place "Best Small Metro Market" (Local Market Monitor)
5th place "Best Performing Cities,, (Milken Institute 2010)
1 st place "Most Secure Places To Live /mid -size U.S. cities" (Farmers Insurance
Group of Companies 2011)
The City is a full- service municipality employing approximately 275 people to provide
general government, public works, public safety, planning and community development,
and recreational services.
To request an RFP packet (electronic
acsadmin(LDpasco -wa aov or fax request to
in printed form for pick up at City of Pasco,
N. 3`d Ave., Pasco, WA 99301.
Boat Basin Lease /History
or printed) please contact Sandy at
509 - 543 -5758. RFP packets are available
Administrative & Community Services, 525
The City of Pasco entered into a lease with the Corps of Engineers in 1976. The City
sublet the operation of the Pasco Boat Basin to Waterworld, a private operator. That
lease ran from 1977 to 2001; however in 1998 the operation of the Pasco Boat Basin
was taken over by Cascade Marine. Cascade Marine finished the term of the lease in
2001 and negotiated a new lease for the years 2001 to 2011. This lease was extended
for one year due to the two studies that were being done relating to the boat basin,
marine terminal and the river shore in general.
During the lease with Waterworld they were required to install 2 sets of twenty (20)
covered boat slips. In 1998, the Pasco Boat Basin consisted of two main parts: A) the
3.5 acre park which included a picnic area, restrooms, a two lane boat launch with 40
foot dock; and B) the marina which consisted of approximately 2 acres, 7500 square
foot building, forty (40) covered boat slips with electrical power, seventeen (17) open
boat slips with electrical power, and fifteen (15) open boat slips without power. At that
time the area was considered fully developed and no other plans were moved forward.
In 2004, Cascade Marine proposed further improvement of an additional 128 covered
slips. Negotiations began, but neither party came to an agreement and no slips were
added.
Vision
Two major studies have been completed concerning the Pasco Boat Basin; the 'Boat
Basin and Marine Terminal Plan' and the 'Tri- Cities River Shore Master Plan'. Though
not prescriptive, noted plans suggest that the Pasco Boat Basin should become more
prominent in the delivery of services provided to the boating public and providing
connectivity to the river system. With that in mind, the city desires a lease proposal
which will accomplish as much of the following as is practicable:
1. The Pasco Boat Basin should encompass all of Schlagel Park.
2. Sub Lessee manage and control boat launch area.
3. The docks should be updated or repaired to reflect a better image.
4. Improve landscape from both the land and water view to improve sight lines.
5. Renew the business at Cascade Marine to broaden market and attract new
clientele.
6. Work with the Port of Pasco to the extent of incorporating improvements to
complement Osprey Point and the Port's development plan on west end of their
property where it joins the marina.
7. Work with the Tri- cities River Shore Enhancement Council (TREC) and take
advantage of the Gateway theme and other projects along the river shore.
8. Improve signage and advertising efforts.
The City is encouraging new improvements to the Pasco Boat Basin. It is desired that a
regional approach be taken, considering what services are offered in the area with
water access and determine improvements needed to attract other boat operations,
such as rentals, house boats, food sales, etc. to the Pasco Boat Basin. Management of
the entire area could bolster that effort.
Ii
Proposal Submission
Proposer submitting in writing shall provide one signed original and five copies of the
proposal package. All proposals and accompanying documentation will become
property of the City and will not be returned. Each copy shall include the following
required sections indexed in the following order:
1. Cover Letter: Signed by the company representative authorized to make
contractual obligations and affirming the receipt and understanding of RFP
conditions. The letter may also include supplemental information related to
company's qualifications.
2. Table of Contents.
3. Executive Summary: A review of your approach and the distinguishing
characteristics of your proposal.
4. Company background information:
• Name and address of legal entity submitting the proposal.
• Name and address of principal officers and all owners of the company.
• Legal status of the company organization, i.e., corporation, partnership, sole
proprietorship. The owner of the company shall agree to personally
guarantee the obligations under the sublease.
• Description of company including size, longevity, client information in such a
manner that the management company evaluation may reasonably formulate
an opinion about the stability and financial strength of the company.
Company's financial data is to be certified as correct by a certified public
accountant.
• Disclose any and all judgments, pending or expected litigation, and /or viability
or stability of the proposing organization; or warrant that no such condition is
known to exist.
5. Reference List:
• A representative list of three (3) current and former clients for whom you have
provided like services or operated a like facility in the past five (5) years,
including:
1. Name and address(es) of client and nature of business.
2. Contact person and phone numbers.
3. Size of operations.
4. Number of years of service with client.
6. Business Plan and Management Approach:
Provide a detailed description of how you would operate the Marina including
staffing levels, customer service, pricing philosophy and experience. Include in
the description your approach, concepts and ideas regarding Marina
management and comment on the following bulleted item. Include a financial pro
forma indicating pricing philosophy and structure.
• The operator will be responsible for maintenance, repair and improvements to
the facility including but not limited to the buildings, docks, ramps and any
other facilities necessary to provide standard marine services in a safe
environment.
0
7. Plans for the marketing and promotion of the facilities.
8. The company may propose additional innovations for operation of the Marina as
part of the proposal to increase the value of the facility.
Proposal Selection
A short list of firms that the City, after review of the proposals, determines in its
discretion demonstrate the best combination of experience, knowledge, financial
capability, skills and plans necessary to fulfill the city's desires as expressed in this RFP
will be selected for on -site interviews.
Firms invited to on -site interviews are responsible for paying all of their expenses in
preparing for and attending their interview. The successful firm will be selected from the
short list, based upon all information provided during the process, including interviews.
In making the final selection, demonstrated sensitivity to the City needs will be an
important consideration, as well as the business and management plan, financials,
schedule and allocation of man power. These and other elements are critical for
successful operation of the Marina.
The final selection, if any, will be that proposal which, in the opinion of the city after
review of all submissions by the evaluation committee, best meets the requirements set
forth in the RFP and is in the best interest of the City.
Form of Agreement
The selected firm will enter into a Marina Sublease Agreement with City of Pasco to be
negotiated between both parties for operating the Marina. Sublease must be approved
by USACE before it is final. Operator will not sub -let any portion of the Boat Basin
operation without written approval by the City.
Proposals are due no later than June 29, 2012. There will be no formal "proposal
opening ". Qualifications and Proposals received by the deadline will be reviewed by the
City, and selected firms may be invited to meet with selected city officials to discuss
their proposal.
Respondents should allow sufficient delivery time to ensure receipt on or before the
deadline. Respondents assume the risk for the delivery method chosen. The City
assumes no responsibility for delays caused by any delivery service. All submittals and
any accompanying documentation become the property of the City, become public
information upon receipt and will not be returned.
Mail, Hand Delivery or Fed Express to:
US Mail Address
Physical Address
City of Pasco
City of Pasco
ACS Dept
ACS Dept
P O Box 293
525 N 3'd Ave
Pasco, WA 99301
Pasco, WA 99301
SUBLEASE
One original copy of the RFP proposal will require original signature. It must be signed
upon submittal. Signature will also be validated through a formal signature as part of the
sublease document itself.
The City reserves the right to make an award without further discussion of the proposal
submitted. Therefore, the proposal should be submitted initially on the most favorable
terms which the firm can propose. The firm shall specifically stipulate that the proposal
is predicated upon acceptance of all terms and conditions in the RFP.
The firm should be prepared to accept this RFP for incorporation into a sublease
resulting from this RFP. Sublease negotiations may provide for the incorporation of
the firm's proposal. It is understood that the proposal will become a part of the official
file on this matter without obligation to the City.
This RFP does not, however, obligate the City to sublease for services specified herein.
Timeline
This is to provide interested firms information about the schedule anticipated by the
City. This is an estimate only, and may change.
• Pre - submittal questions to Rick Terway by June 19, 2012. Phone number 509-
543 -5757 or email terwayr @ pasco - wa.gov.
• Submittals due: June 29, 2012.
• Evaluate proposals including potential interviews: July 17, 2012.
• Negotiate new agreement with leading contender /sublease submittal to USACE:
August 14, 2012 **
• City Council approves agreement: October 15, 2012. **
• Transition to new Operator: 11/14/12
** May take up to 90 days for sub -lease processing with USACE
Revisions to RFP
The City reserves the right to modify this RFP and /or cancel or reissue this Request in
whole or in part, prior to execution of a sublease. In the event it becomes necessary to
revise any part of the RFP, it shall be the responsibility of the interested firms to obtain
copy of the addendum. The City shall make efforts to reach interested firms, but the
responsibility shall be on the firms to ensure that they have obtained current material.
Acceptance Period
Submittals shall be good for 90 days from due date of RFP. Firms that take exception
to this will be considered non - responsive and may be rejected.
Rejection of Submittals
The City reserves the right at its sole discretion to reject any and all Submittals received
without penalty and not to issue a sublease as a result of this RFP. The City also
reserves the right at its sole discretion to waive minor administrative irregularities,
request clarification and /or additional information contained in any Submittal.
Responsible Management Firm Criteria
The City shall consider only responsible firms. Responsible firms are those that have, in
the sole judgment of the City, the financial ability, experience, resources, skills,
capability, reliability and integrity necessary to perform the requirements of the
sublease. The City may also consider references, financial stability, and any other
information available to the City. Firms with an owner convicted within the past ten
years of a crime involving moral turpitude or dishonesty or with unsatisfied tax, warrants
or judgment liens, are ineligible to participate and shall not submit.
The final selection, if any, will be that proposal which, in the opinion of the City after
review of all submissions by an evaluation committee, best meets the requirements set
forth in the RFP and is in the best interests of the city
Obligation to Contract and Costs
This RFP does not obligate the City to contract for services specified herein. The City
will not be liable for any costs incurred by the firm in preparation of a Submittal in
response to this Request, in conduct of a presentation, or any other activities related to
responding to this RFP.
Commitment of Funds
The City Manager and /or his designee are the only individuals who may legally commit
the City to expenditures of funds for an agreement resulting from this RFP. No cost
chargeable to the proposed sublease may be incurred before receipt of a fully
executed sublease.
Examination of RFP and Other Documents
The submission of a response shall constitute an acknowledgment, upon which the City
of Pasco may rely that the firm thoroughly examined and is familiar with the
requirements and sublease documents, and reviewed and inspected all applicable
statutes, regulations, ordinances, and resolutions dealing with or related to the work and
services to be provided. Failure or neglect of a submitter to examine such documents,
work site(s), statutes, regulations, ordinances or resolutions, shall in no way relieve the
submitter from any obligations with respect to the offer or to the sublease. No claim for
additional compensation will be allowed which is based upon a lack of knowledge of the
same. A signed sublease or purchase order furnished to the successful offer results in a
binding sublease without further action by either party.
Proprietary Information /Public Disclosure
Material submitted in response to this RFP shall become the property of the City
In the event a firm desires to claim that portions are exempt from disclosure under the
provisions of RCW 42.17.250 to .340, it is incumbent upon the firm to identify those
portions in the firm's proposal transmittal letter. The transmittal letter must identify the
page and the particular exception(s) from disclosure upon which it is making its claim.
Each page claimed to be exempt from disclosure must be clearly identified by the word
"confidential" printed on the lower right hand corner of the page. The City will consider
a firm's request(s) for exemption from disclosure; however, the City will make a decision
predicated upon applicable laws. An assertion by a firm that an entire volume of its
proposal is exempt from disclosure will not be honored.
In the event the City receives a public records request for protected work product of the
Consultant within its possession, the City shall, prior to the release of any protected
work product or as a result of a public records request or subpoena, provide Consultant
at least ten (10) business days prior written notice of the pending release and to
reasonably cooperate with any legal action which may be initiated by the Consultant to
enjoin or otherwise prevent such release.
Submittal Requirements
Firm is specifically notified that failure to comply with any part of the Request for
Proposal may result in rejection of the proposal as non - responsive.
All proposals must be hard copy in eight and one -half by eleven (8'/z X 11) inch format.
AGENDA REPORT
TO: City Council May 25, 2012
FROM: Gary Crutchfiel onager Workshop Mtg.: 5/29/12
SUBJECT: Non - Represent d Cost of Living Adjustment
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
5/29: Discussion
III. FISCAL IMPACT:
See Below.
IV. HISTORY AND FACTS BRIEF:
A) The city, like most others around the state, provides a "Cost of Living Adjustment"
(COLA) to its employee pay plans, usually on an annual basis, depending on budget
conditions. Organized bargaining units (police, fire and public works) negotiate
specific adjustments in bargaining contracts every two to three years, which usually
provide an annual adjustment. Non - represented employees (management and non-
management) rely on direct action of the City Council after recommendation from
the executive office. The COLA attempts to maintain purchasing power of the
employee pay plan, so it typically is a large fraction of the annual consumer price
index change. For 2011 (ending October), the annual change in CIP was 3.76 %;
using 90% of that figure would suggest 3.3% COLA.
B) The last COLA granted to non - represented employees was 1% in January 2010; at
the same time, police officers and firefighters received 2% and 2.5% respectively.
No COLA was granted to non - represented employees for all of 2011.
C) Evaluation of an appropriate COLA for 2012 was delayed beyond the budget
consideration (December) in recognition that the state legislature could alter the
allocation of state - shared funds (liquor tax) in their effort to balance their own
budget. That risk proved very real, as the legislature's budget revisions will cause
the city to lose more than $200,000 in 2013 (and about $60,000 in the fourth quarter
of this year).
V. DISCUSSION:
A) Given that the non - represented employees were granted only I% COLA over the past
two years and the 2012 year is nearly half gone, a COLA reflecting a substantial
share of the 2011 CPI change appears warranted. Somewhat offsetting that
consideration, however, is the fact that the city will lose more than $200,000 per year
in general fund revenue next year plus the fact the city (as employer) absorbs 90% of
the increased annual cost for health care of employees and their dependents.
B) It is recommended that council consider granting a COLA of 2.8% effective July 1
and increase the employee's share of medical premium from 10% to 12% effective
August 1 (payroll deduction in July). Each 1% COLA for the non - represented
employee group represents an annual expenditure increase of $63,000; thus, the
recommended COLA represents an expenditure increase of about $175,000 annually
(but only half that for 2012). Each 1% increase in the employee share of medical
premiums for non - represented employee group is about $12,000; thus, the increase to
12% will return about $24,000 to the city annually.
C) With Council concurrence, appropriate ordinances can be prepared for Council
action on June 4.
4(d)
TO: City Council
FROM: Gary
SUBJECT: Civil Service
I. REFERENCE(S):
AGENDA REPORT
Manager
Appointment
1. PMC 2.33
2. RCW 41.08.030
3. Application, Eduardo Rodriguez (Council packets only)
May 23, 2012
Workshop Mtg.: 5/29/12
Regular Mtg.: 6/4/12
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
5/29: Discussion
6/4: MOTION: I move to confirm the City Manager's appointment of Eduardo
Rodriguez to the Civil Service Commission to fill Position #3 to
expire 2/17/18.
III. FISCAL IMPACT:
(none)
IV. HISTORY AND FACTS BRIEF:
A) State Law (RCW 41.08 and 41.12) requires the city to maintain a Civil Service
Commission for its Police and Fire Departments. PMC 2.33 provides for the
Pasco Civil Service Commission and appointment of its members to six -year
terms.
B) The Civil Service Commission is to be composed of three citizens to assure
fairness and impartiality in the hiring and promotion of uniformed police and fire
employees. The Commission also decides appeals of discipline administered to
uniformed Police and Fire employees, when such employees elect to use the Civil
Service Commission hearing process rather than the grievance arbitration process
afforded in their respective bargaining contracts. In addition, the city has
designated the Civil Service board members to fill the role of a personnel board to
consider certain appeals of workplace issues relating to non - uniformed employees
who are not otherwise covered by a collective bargaining agreement.
V. DISCUSSION:
A) Teri Cox has served on the Civil Service Commission for 11 years but has elected
not to request reappointment. In searching for a replacement, staff sought an
individual with experience in managing people in the workplace and the ability to
make fair and impartial decisions based on the facts surrounding an issue. Mr.
Eduardo Rodriguez has worked for CBC over the past decade and has resided in
Pasco for 14 years. Ms. Cox recommends Mr. Rodriguez for the position and the
City Manager's interview of Mr. Rodriguez indicated that he possesses the
characteristics necessary to perform the duties of the position. In addition, Mr.
Rodriguez will maintain the ethnic diversity established by previous
appointments.
B) Although appointments to the Civil Service Commission are made by the City
Manager, PMC 2.33 provides for "...consent of the City Council." The
individuals named in the proposed motions have been selected for appointment
after thorough consideration and the consent of the City Council is hereby
requested (in the form of the proposed motion).
4(e)
CHAPTER 2.33 CIVIL SERVICE COMMISSION & PERSONNEL BOARD
Sections:
2.33.010 CREATED - PURPOSE .................................... ............................... 27
2.33.020 MEMBERSHIP ................................................. .............................27
2.33.030 CIVIL SERVICE RULES ................................... ............................... 27
2.33.040 POWERS AND DUTIES OF PERSONNEL BOARD ............................... 27
2.33.050 FIRE CHIEF EXCEPTED .................................. ............................... 27
2.33.060 POLICE CHIEF EXCEPTED .............................. ............................... 27
2.33.010 CREATED - PURPOSE. There is created pursuant to RCW 41.08 and
RCW 41.12 a Civil Service Commission for the Fire Department and Police Department,
and a Personnel Board for all employees of the City. (Ord. 3266 Sec. 5, 1997.)
2.33.020 MEMBERSHIP. Residents of the City of Pasco being citizens of the
United States will be eligible for appointment. The City Manager will make all
appointments to the commission with consent of the City Council, following rules
established in RCW 41.08 and RCW 41.12. Members of the Civil Service Commission
will also serve as members of the Personnel Board. (Ord. 3266 Sec. 5, 1997.)
2.33.030 CIVIL SERVICE RULES. The Commission shall adopt rules as provided
for in RCW 41.08 and RCW 41.12 respectively. Commission Rules may be amended
and updated from time to time. (Ord. 3266 Sec. 5, 1997.)
2.33.040 POWERS AND DUTIES OF PERSONNEL BOARD. It shall be the duty of
the Personnel Board to:
A) Hear grievances in accordance with rules of procedures and practices to
be adopted by the Board, but informality of proceedings or in the manner of taking
testimony shall not affect any action of the Board,
B) Advise the appointing authority on matters brought before the Board by
the appointing authority.
C) Keep such records as may be necessary for the proper execution of the
powers and duties of the Board. (Ord. 3266 Sec. 5, 1997.)
2.33.050 FIRE CHIEF EXCEPTED. Any person appointed as Fire Chief after
January 25, 1994 shall be excepted from inclusion within the perview of the Civil
Service System created by this chapter. (Ord. 3545 Sec. 33, 2002.)
2.33.060 POLICE CHIEF EXCEPTED. Any person appointed as Police Chief after
January 25, 1994 shall be excepted from inclusion within the perview of the Civil
Service System created by this chapter. (Ord. 3545 Sec. 33, 2002.)
PMC Title 2 12/7/2009 27
RCW 41.08.030: Civil service commission created — Appointment — Terms — Remova... Page 1 of 1
RCW 41.08.030
Civil service commission created — Appointment — Terms — Removal — Quorum.
There is hereby created in every city, town or municipality except those referred to in RCW 41.08.010, having a full paid fire
department a civil service commission which shall be composed of three persons.
The members of such commission shall be appointed by the person or group of persons who, acting singly or in
conjunction, as a mayor, city manager, council, common council, commission, or otherwise, is or are vested by law with power
and authority to select, appoint, or employ the chief of a fire department in any such city, prior to the enactment of this chapter.
The members of such commission shall serve without compensation. No person shall be appointed a member of such
commission who is not a citizen of the United States, a resident of such city for at least three years immediately preceding
such appointment, and an elector of the county wherein he or she resides. The term of office of such commissioners shall be
for six years, except that the first three members of such commission shall be appointed for different terms, as follows: One to
serve for a period of two years, one to serve for a period of four years, and one to serve for a period of six years. Any member
of such commission may be removed from office for incompetency, incompatibility or dereliction of duty, or malfeasance in
office, or other good cause: PROVIDED, HOWEVER, That no member of the commission shall be removed until charges have
been preferred, in writing, due notice and a full hearing had. The members of such commission shall devote due time and
attention to the performance of the duties hereinafter specified and imposed upon them by this chapter. Two members of such
commission shall constitute a quorum and the votes of any two members of such commission concurring shall be sufficient for
the decision of all matters and the transaction of all business to be decided or transacted by the commission under or by virtue
of the provisions of this chapter. Confirmation of said appointment or appointments of commissioners by any legislative body
shall not be required. At the time of any appointment not more than two commissioners shall be adherents of the same political
party.
[2007 c 218 § 3; 1935 c 31 § 3; RRS § 9558 -3]
Notes:
Intent -- Finding -- 2007 c 218: See note following RCW 1.08.130.
http: / /apps.leg.wa.gov /RCW /default.aspx ?cite= 41.08.030 5/23/2012
FOR: City Council
TO: Gary
AGENDA REPORT
Manager
FROM: Stan Strebel, De put�4y Manager c�
SUBJECT: Municipal Prosecutor — Agreement Renewal
L. REFERENCE(S):
1. Proposed Agreement
May 16, 2012
Workshop Mtg.: 5/29/12
Regular Mtg.: 6/4/12
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
5/29: Discussion
6/4: MOTION: I move to approve the Agreement for Prosecutorial Services with
Bell, Brown & Rio and, further, to authorize the City Manager to
sign the document.
III. FISCAL IMPACT:
A four -year term of agreement is proposed with no increase in the current rate of pay for
the first two years and modest (2.6% and 2.5 %) increases for the last two years.
IV. HISTORY AND FACTS BRIEF:
A) The City has contracted for prosecution services for approximately 10 years. The
agreement provides the City with flexibility and coverage in the court as needed.
As the agreement was competitively bid two years ago and the renewal is
reasonable in the cost, staff recommends renewal with Bell, Brown and Rio for
the four -year period. (After I year, the agreement may be terminated with 60-
days' notice.)
B) The agreement continues a provision for the prosecutors to provide a part-time
clerical assistant. The City payment to the prosecutors for this service is included
in the figure for total compensation.
AGREEMENT FOR PROSECUTORIAL SERVICES
THIS AGREEMENT is entered into by and between the CITY OF PASCO, hereinafter
referred to as "Pasco," and Bell, Brown & Rio, PLLC, hereinafter referred to as "Prosecutor," for
the purpose of providing prosecutorial services for the City of Pasco.
1. PROSECUTOR SHALL:
A. Provide complete municipal misdemeanor, gross misdemeanor, and civil
infraction prosecutions for all cases filed in the Pasco Municipal Court and other
related services including:
1. Arraignment Docket representation
2. Incarceration Docket representation
3. Negotiation of sentences and forfeiture orders of the Court
4. Bench Trials and hearings
5. Pre -trial hearings
6. Jury Trials and Trial Readiness Hearings
7. Post -trial motions and hearings
8. Appeals
9. Police Department day to day counsel and training as needed. (Prosecutors
will e -mail the Police Chief and Patrol Captain with any concerns relating to
police duties or functions. The Patrol Captain or Police Chief shall contact
the Prosecutors if they would like to meet to discuss these concerns or
provide training to the police department.)
10. Response to criminal- related questions from the public that cannot be
answered by administrative staff.
B. Employ a part-time clerical assistant for correspondence and document
preparation.
C. Be prompt in attendance for all required dockets, hearings and trials as outlined
on the attached Exhibit "A," "Pasco Municipal Court Prosecutor Schedule." Such
schedule may be changed from time to time to meet the needs of the Court upon
mutual agreement of the parties.
D. Designate a contact who shall be responsible for:
I . Complaint review and response
2. Review and evaluation of quality of service
3. Periodic reports to the City administration
E. Personally provide the prosecution services and divide the representation to
ensure full -time coverage as well as substitute, conflict, and additionally required
coverage to allow multiple actions to proceed when necessary. In the event
Prosecutors wish to hire additional attorneys other than the signator to this
Agreement to perform services, Prosecutors shall obtain advance approval from
Pasco. This provision shall not apply in the event of unforeseen circumstances
where Prosecutors are temporarily unable to perform. Prosecutors shall be
responsible for assuring that qualified attorneys are present in Court at all times
necessary.
F. Use established practices and policies to recommend utilization of alternatives to
incarceration as appropriate. Such alternatives shall include but not be limited to
electronic home monitoring, work crew, etc. Prosecutors shall obtain Pasco's
approval prior to implementing any program for alternate dispositions involving
charitable contributions.
G. Satisfy the minimum requirements for practicing law in Washington as
determined by the Washington Supreme Court and shall complete seven hours of
continuing legal education within each calendar year in courses relating to
prosecution.
2. PASCO SHALL:
A. Maintain a City Prosecutor's Office with office space available for the prosecutor
at least ten hours per week.
B. Employ a full -time Legal Assistant on -site at the City Prosecutor's Office
providing:
1. Case management and file maintenance
2. Subpoena issuance and return of service
3. Witness contact
4. Docket preparation
C. Pay all subpoena and service costs and costs of required reports for prosecution.
D. Pay to Prosecutor the sum of Ten Thousand Four - Hundred Dollars ($10,400) per
month for the first two years; Ten Thousand Seven- Hundred Fifty Dollars
($10,750) per month for the third year; and Eleven Thousand Dollars ($11,000)
per month for the fourth year. Payments shall be due on or before the 10th day
following each calendar month. Payments shall be prorated for partial month.
Renegotiation of the terms of this agreement upon the following occurrences: (1)
there is a Washington Court Rule amendment that results in a procedural change
in court proceedings, or (2) there is a change in Court Docket/Schedule as
outlined in Exhibit "A." In addition, Prosecutors shall be paid the sum of Seven
Hundred Fifty Dollars ($750) for each case appealed (except for any case noted
for reconsideration at the trial court level). However, if a court of appeals grants
the Prosecutor's motion to dismiss for "Want of Prosecution," then there shall be
no charge to the City for the appeal. Prosecutors shall provide an invoice to Pasco
upon completion of any appeal work.
3. TERM:
Prosecutorial Services Agreement — Page 2
The term of this Agreement shall be for four (4) years, beginning July 1, 2012, and
ending June 30, 2016. Either party may terminate this Agreement after one (1) year upon
sixty (60) days written notice.
4. CASELOAD:
In the event the workload (as indicated by number of case filings and number of represented
cases) exceeds the prior year's workload by fifteen percent (15 %) or more, Prosecutors may
request additional compensation. If no agreement is reached concerning said additional
compensation, Prosecutors may terminate this Agreement upon ninety (90) days written
notice.
5. INDEPENDENT CONTRACTORS:
Prosecutors shall be independent contractors and not employees of Pasco.
6. INSURANCE AND INDEMNIFICATION:
During the term of this Agreement, the Prosecutors shall maintain errors and omissions
insurance coverage and shall include anyone else acting for or on behalf of the
Prosecutors in the performance of this Agreement as an additional named insured on any
such policy. Such insurance shall be obtained from any insurance company authorized to
do business as such in the State of Washington, and shall have policy limits of Two
Hundred Fifty Thousand Dollars ($250,000.00) or more. At the time of commencement
of the performance of services hereunder, the Prosecutors shall submit evidence that such
insurance is in force and that such insurance will not be canceled without first giving
thirty (30) days written notice to the City of Pasco.
CITY OF PASCO
Gary Crutchfield, City Manager Date
PROSECUTOR
Michael J Rio, Attorney at Law Date
Bell, Brown & Rio, PLLC
Prosecutorial Services Agreement — Page 3
Exhibit "A"
PASCO MUNICIPAL COURT PROSECUTOR SCHEDULE
(Schedule is subject to change during term of Agreement)
*Currently, two prosecuting attorneys are scheduled for Monday am docket;
Subject to change.
Prosecutorial Services Agreement - Page 4
Traffic
Pre - Trials
Monday
8 :30 am to 12:00 pm*
1:30 pm to 5:00 pm
Pre - Trials
Arraignment
Tuesday
8 :30 am to 12:00 pm
1:30 pm to 5:00 pm
In- Custody
Jury- Trials
Wednesday
10:00 am to 12:00 pm
9:00 am to 5:00 pm
even days
In- Custody
In- CustodArraignment/
Probation Violation
Thursday
10:00 am to 12:00 pm
1:30 pm to 3:30 pm
or as needed
Trial Readiness
9:00 am to 12:00 pm
odd days
Friday
Motion
9:00 am to 12:00 pm
even days
*Currently, two prosecuting attorneys are scheduled for Monday am docket;
Subject to change.
Prosecutorial Services Agreement - Page 4