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HomeMy WebLinkAbout2012.11.26 Council Workshop PacketAGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. November 26, 2012 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3, VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) Cemetery Operations Presentation. (NO WRITTEN MATERIAL ON AGENDA) Presented by Dan Dotta, Facilities Services Manager. (b) ADA Transition Plan Presentation. (NO WRITTEN MATERIAL ON AGENDA) Presented by Ahmad Qayoumi, Public Works Director. (c) Pasco Municipal Code Title 3 and Title 13 Updates: 1. Agenda Report from Dunyele Mason, Finance Manager dated November 16, 2012. 2. Exhibit A — Utility Bill Payment Pattern. 3. Exhibit B — Tri- Cities Utility Misc. Fee Comparison. 4. Proposed Ordinance. (d) Interlocal Agreement for Emergency Management Services: 1. Agenda Report from Gary Crutchfield, City Manager dated November 19, 2012. 2. Proposed Interlocal Agreement. 3. 2013 Schedule of Local Assessments. (e) Title 11 Civil Infractions Amendment: 1. Agenda Report from Mitch Nickolds, Inspection Services Manager dated November 20, 2012. 2. Proposed Ordinance. (f) Disposal of Police Seizure/Forfeiture Vehicles: I. Agenda Report from Rick Terway, Administrative & Community Services Director dated November 16, 2012. 2. Memo from Chief Metzger. 3. Proposed Resolution. (g) Non - Represented Compensation Plans: 1. Agenda Report from Gary Crutchfield, City Manager dated November 19, 2012. 2. Non- Management Wage Plan Comparisons. 3. Managers Salary Plan Comparison. (h) Federal Legislative Consulting Agreement: 1. Agenda Report from Gary Crutchfield, City Manager dated November 20, 2012. 2. Proposed Agreement. 5. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 6. EXECUTIVE SESSION: (a) (b) (c) 7. ADJOURNMENT REMINDERS: 1. 4:00 p.m., Monday, November 26, Ben - Franklin Transit Office —Hanford Area Economic Investment Fund Committee Meeting. (COUNCILMEMBER AL YENNEY, Rep.; SAUL MARTINEZ, Alt.) 2. 5:00 p.m., Tuesday, November 27, TRAC Facility — TRAC Advisory Board Meeting. (COUNCILMEMBERS REBECCA FRANCIK and AL YENNEY) AGENDA REPORT FOR: City Council rN TO: Gary Crutchfie ' Manager Rick Terway, a ct , Admin & Com nity Services Y FROM: Dunyele Mason, Financial Services Manager SUBJECT: Pasco Municipal Code Title 3 and Title 13 Updates I. REFERENCE(S): 1. Exhibit A — Utility Bill Payment Pattern 2. Exhibit B — Tri- Cities Utility Misc. Fee Comparison 3. Proposed Ordinance November 16, 2012 Workshop Mtg.: 11/26/12 Regular Mtg.: 12/3/12 II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 11/26: Discussion 12/3: MOTION: I move to adopt Ordinance No. , authorizing amendment of Pasco Municipal Code Title 3 and Title 13 to remove, add and update various sections relating to definitions of city fund and, further, authorize publication by summary only. III. FISCAL IMPACT: Specific fees will ensure those that benefit from special services cover those costs rather than the general utility customer who receives no benefit from the requested or required special services. IV. HISTORY AND FACTS BRIEF: Discussion occurred during the October 8 Council Workshop meeting covering the Pasco Municipal Code as it related to certain utility billing and collection activities. Four areas were discussed along with five staff recommendations as follows: A) Past Due Notices. The city bills a customer once a month. Approximately 28 -35 days later (depending on how many weeks are in a month, holidays, etc.) the customer is billed for the next month. If the first month remains unpaid then the next month's bill prints with a "PAST DUE" stamp and contains an " Urgent Message" section notifying the customer of the date, time and location payment must be made in order to prevent disconnection of water service due to lack of payment. Based on current municipal code which requires shut -off to occur within 5 days of this PAST DUE bill, and given bill print and mail time, customers are left with only 1 or 2 days to act on this PAST DUE bill notice before the water is shut -off. Customers are requesting more time. It is likely that if the city granted one more week in the process more customers would pay without consuming the additional resources it takes to run the water disconnection process. Additionally, customers likely will perceive it to be more "fair" if they were given 8 -10 days to respond vs. 1 -2 days to respond to the PAST DUE notice. B) Re- Connects. The current code requires that if an account is shut -off for payment all outstanding charges be paid in full prior to reconnection of water service. This has the impact that customers who are struggling to pay their bill each month need to come up with not only the past due bill and shut -off fee, but also the bill that they just got a day or two previously. This proposal includes changing the municipal code to allow customers to be reconnected by only paying the delinquent charges and related fees; but not the billed charges that are less than 20 days old. 4(c) C) Owner Deposits. Deposits are required on all new accounts; this includes owner accounts as well as tenant accounts. There is a service lien on owner occupied properties so owners are highly motivated to pay their utility bill. The primary risk of loss on an owner account is bankruptcy, which affects an extremely small fraction of owner accounts. There is a cost to managing deposits. Current code requires a review of all accounts (approximately 18,000) on a monthly basis to determine if a deposit should be returned or whether one should be collected based on customer payment history. The cost of managing deposits for owners' accounts exceeds the risk of loss. D) Service Fee. When a customer requests the water, sewer and stormwater base fees be stopped when a property is vacant, the city incurs additional costs related to billing maintenance as well as a field service trip to lock the meter when vacant and then again to restart the billing and a second field service trip to unlock the meter when the customer returns. When a customer's water has been turned off for delinquency and has not paid within two weeks, a field service trip is requested to determine if the customer has cut the lock and illegally resumed water service. Multi - family and commercial customers receive a special notice delivered to the property (field service) if they still have not paid their bill 7 days prior to scheduled shut -off. Currently there is no fee for these additional services rendered that are specific in nature and therefore the general utility customer ends up paying for these costs without receiving a related benefit. E) The following changes were previously recommended: 1. Penalty date changed from 30 to 25 days past bill date. 2. Shut -off date changed from 5 days to 12 days from PAST DUE bill date. 3. Reconnection of water service when all charges except regular bill charges less than 20 days old are paid. 4. No longer require deposits for owner accounts. 5. Add a $20 "Field Service" fee for services that benefit only specific customers and not the general utility customer thereby lowering the cost of doing business for the general utility customer. F) Council requested the above recommendations and council discussion be used to update the Pasco Municipal Code. In drafting the municipal code updates additional opportunities for efficiencies and clarification were identified and are also included in the proposed ordinance. V. DISCUSSION: At the October workshop meeting there was discussion regarding the following: A) The proposed ordinance grants new authority that specifically authorizes the City Manager to create and the Financial Services Manager to administer a written policy for written and signed payment arrangements which would allow service to continue past the normal service disconnect timeline and which would allow customers that have already had service disconnected to have service restored before making payment of all outstanding charges. The authority does not extend to tenant accounts where the lien remains with the owner unless the owner also signs agreeing to the payment arrangement. B) The proposed ordinance adds new language to specify if service has been disconnected for lack of timely payment during each of the past two consecutive months or three times out of the last twelve months then the Financial Services Manager has the authority to require all outstanding charges whether they are delinquent or not be paid prior to reconnecting water service. Some additional changes in the proposed ordinance which have not been previously discussed are as follows: C) To make it easier for customers to find all the rules relating to applications, billing, collection, senior discounts, and liens for all utility services (including the ambulance utility) in one place those types of sections were removed from where they were scattered throughout Title 13 and consolidated into a new Utility Billing chapter in Title 3. D) Likewise, various sections in Title 13 created a separate water utility, sewer utility, etc. Since for budgeting, accounting and debt purposes, the city has only one Water /Sewer Utility fund, those sections were re- worded to create individual sub - utilities as components of the Water /Sewer Utility and the authority to create the Water /Sewer Utility fund was added to Title 3 (where the authority and description of the other city funds exist) and references to individual utility funds deleted. E) The existing application for water service in Title 13 has been modified to pertain to new service connections ( "adding "). The fee for this application has been lowered to $15. The proposed ordinance includes in Title 3 a Utility Service Application which applies only to locations with existing service connections ( "customers moving "). The fee for the Utility Service Application is lowered from $25 to $15 to reflect the fact that some of the costs previously included in the application fee will now be covered by the Field Service fee. Also, the Utility Service Application is only required to establish tenant accounts and in cases of change in ownership. Thus it will not be required to create the new owner billing account when a tenant vacates. F) When payment by credit card was implemented to allow citizens to pay utility bills using the city's web page, Council gave approval to charge users a per transaction fee to cover the additional costs of service. The web vendor charges the city a fee for these services and the city in turn passes the fees through to the customer. These fees had not previously been included in the list of fees in Title 3 and the proposed ordinance just adds the existing web processing fees into the code. G) The proposed ordinance increases the late fee penalty from $5 to $10. This late fee applies if the bill is not paid within 25 days from the original bill date. This fee helps cover additional costs of the delinquent bill processing (including duplicate notices to owners and tenants). This penalty has not been increased in over 10 years. The proposed ordinance adds a $10 collection fee if the charges remain unpaid 11 days after the past due bill notice. This fees helps cover the additional costs of delinquent account processing including phone notice processing, special arrangement reviews, etc. The City of Richland also charges $10 fee for both the delinquent notice and phone call processing. (See Exhibit A for related utility bill payment patterns and estimated fee impact). H) The proposed ordinance adds some flexibility and accommodation for customers to allow a one time "learning" or hardship experience and for providing normally good paying customers an occasional late payment as follows: 1. 1 time waiver of $10 Late Penalty (written past due process) in rolling 12 months. 2. 1 time waiver of $10 Collection Fee 1 (phone past due process) in rolling 12 months. 3. 1 time per customer and /or account of Collection Fee 2 (shut -off process) if the account is paid to zero and signed up for Autopay. I) Provision was added to require owners that have gates that block access to meters to utilize a city issued lock which will be keyed to a master lock. 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V �- EXHIBIT B TRI- CITIES UTILITY MISC FEE COMPARISON NSF Application Fee Field Service Fee After Hours Fee 1st Notice (Penalty Notice) 2nd Notice (Phone Notice) Final Collection (Disconnect Process) Effective 2013 Pasco Kennewick Richland 25 25 25 15 15 15 20 x 2 85 50 25/75 185 75 10 10 10 10 No Phone Notice 10 50 65 50 ORDINANCE NO, AN ORDINANCE of the City of Pasco, Washington, amending Title 3 "Revenue and Finance" and Title 13 "Water and Sewers ", by removing, adding and updating various sections relating to definitions of City Funds, WHEREAS, the City's financial systems, activities and Generally Accepted Accounting Principles (GAAP) definitions have evolved over the last several years resulting in a needed update to the Chapters contained in Title 3 and Title 13 of the Pasco Municipal Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapters 13.04.080 entitled "Liability for Water and Sewer Charges," Chapter 13.16.030 entitled "Billing," Chapter 13.16.035 entitled "Utility Deposits," Chapter 13.16.040 entitled "Failure to Receive Mail Change in Address or Ownership," Chapter 13.16.050 entitled "Delinquent Bills," Chapter 13.16.060 entitled "Back Bills Payment Required," Chapter 13.16.090 entitled "Miscellaneous Charges," Chapter 13.16.100 entitled "Change of Occupancy and Fractional Months," Chapter 13.16.120 entitled "Unauthorized Turn On," Chapter 13.20.040 entitled "Other Minimum Monthly Rates," Chapter 13.24.020 entitled "Accounting of Readings," Chapter 13.40.050 entitled "Other Minimum Monthly Rates," Chapter 13.48.010 "Lien for Water Sewer Charges," Chapter 13.60.080 "Stormwater Management Fund," Chapter 13.60.085 "Sewer Utility Funding Source," Chapter 13.60.090 "Billing," Chapter 13.60.100 "Remedies," Chapter 13.61.090 "Unauthorized Turn On," Chapter 13.61.200 "Irrigation Water Fund," Chapter 13.61.2 10 "Billing," Chapter 13.61.220 "Remedies," Chapter 13.60.120 "Liens," Chapter 13.61.090 "Unauthorized Turn On," Chapter 13.61.250 "Liens" of the Pasco Municipal Code shall be and hereby are repealed in their entirety. Section 2. That certain Chapters of Title 13 of the Pasco Municipal Code, shall be and hereby are amended to read as follows: 13.12.010 WATER/SEWER UTILITY CREATED - RESPONSIBILITIES There is hereby created and established a utility to be known as the "Water /Sewer Utility." This utility contains the water system, irrigation system, sewer system stormwater system and process water reuse system. The Water /Sewer utility shall be administered and enforced by the Director of Public Works, or his/her duly authorized designee The Director is hereby authorized to specify such water /sewer utility operation maintenance and performance standards in the public right-of- ways of the City, as necessary to implement the requirements of this code and cam out the duties of the Director. Each system shall maintain separate books and records of system costs revenues, assets, liabilities, deferred inflows deferred outflows and fund balances. 1 13.16.010 CONNECTION TO WATER SYSTEM On D41Ti n TION OF CUSTOMER E SERVICE-APPLICATION. Any person desiring to have premises connected with the water supply system of the City shall make application for an initial or additional connection to the water service system (as provided in Chapter 13.36 or as hereafter amended or �°m�rlxro desires te have t eFviee shall make appheation at the, office designated by the City Manager on the forms provided. in the event the «l; .,tio is F an initial eonneetien to the water senriee system i__ provided in Chapte-f 13.3 6 or- as hereafter , Tthe applicant shall provide: (a) The name of the record owner of the property; (b) If the application shall be by a person other than the record owner of the property, written proof that the applicant has permission from the record owner of the property to make the application; (c) The name of any person purchasing the property under a recorded land purchase contract; (d) If the application shall be by a person other than the person in (c) above in the event (c) is the case, written proof that the applicant has permission from the person in (c) above to make the application. This subsection (d) shall not apply if the applicant is the record owner of the property. Subsequent owners or purchasers of the property shall be responsible for providing written evidence of their interest in the property. Every applicant must: (1) State fully and truly all the purposes for which the water may be required; (2) Demonstrate that they have permission to occupy or use the property; (3) Give the names of their spouse and all non - dependents residing on or using the property; (4) Agree to conform to all ordinances, rules and regulations now in existence and as hereafter amended or supplemented governing the water -sewer utility; (5) Agree that the City shall have the right to shut off the water supply at any time without prior notice for repairs, extensions, nonpayment of rates, or for other good cause, and that the City shall not be responsible for any damage caused by breaking, bursting or collapsing of any boilers, pipes or fixtures, or by the stoppage or interruption of the water supply, or any damage whatever resulting directly or indirectly from the shutting off of the water; as a condition precedent to receiving water service. The application must be signed by the applicant and be accompanied by payment for any charges due in advance before water service will be connected or provided. The application is merely a written request for service and does not, in itself, bind the Water Department to serve. Only authorized employees of the City shall be permitted to turn the water on. 13.16.160 ACCESS TO PREMISES. The Water Superintendent or his duly authorized representatives shall be allowed free access at all reasonable hours to all parts of buildings or premises supplied with water from the municipal water system for the purpose of inspecting the condition of pipes and fixtures and noting the amount of water used and the manner in which it is used. If access to the meter is located outside a building but is blocked by a locked gate then the customer shall pay the cost to relocate the meter to outside the fenced area pursuant to 13 24 080 or shall utilize a lock provided by the city to secure the gate The owner shall be provided a key to the lock and the meter readers shall have access through a master key. It shall be the 2 responsibility of the customer to keep the area of the meter free of rubbish debris rock soil and vegetation and to keep the meter free of obstruction at all times for the purpose of meter reading_ -(If any owner or occupant of any premises shall violate any provision of this rule the Water Superintendent may shut off such service and such owner or occupant shall be required to pay any and all unpaid charges against such premises together with a charge, per Section 13.16.090(C), for shutting off and turning on such service before the same shall be again turned on. 13.24.090 NO RENT CHARGED BY CUSTOMER. No rent or other charge whatever shall be made by the customer against the Water Department for placing or maintaining meters upon the customer's premises. it shall be the responsibility f the eustofneF to � r w area of the fiee of igibbish and debris. 13.60.020 STORMWATER MANAGEMENT UTILITY CREATED - RESPONSIBILITIES. There is hereby created and established, pursuant to Chapters 35.67 and 35A.80.010 RCW, a storm and surface water utility to be known as the " Stormwater Management Utility." —This utility is a component of the Water /Sewer Utility. All references to "the utility" in this chapter refer to the Stormwater Management Utility. The utility shall be administered and enforced by the Director of Public Works, or his/her duly authorized designee. The Director is hereby authorized to specify such stormwater facility operation, maintenance and performance standards, in the public right -of -ways of the City, as necessary to implement the requirements of this code and carry out the duties of the Director. 13.61.020 IRRIGATION WATER UTILITY CREATED - RESPONSIBILITIES. There is hereby created and established, and irrigation water service utility to be known as the "Irrigation Water Utility." —This utility is a component of the Water /Sewer Utility The utility shall be administered and enforced by the Director of Public Works, or his/her duly authorized designee. The Director is hereby authorized to specify such irrigation water facility operation, maintenance and performance standards, in the public rights -of -way, or such other public utility easements existing in the City, as necessary to implement the requirements of this code and carry out the duties of the Director. 13.61.070 CONNECTION TO IRRIGATION WATER SYSTEM OR INITIATION OF CUSTOMER SERVICE - APPLICATION. Any person desiring to have their premises connected with the irrigation water service system of the City, or who desires to have irrigation water service shall make application in the same manner as provided for in Sections 3.510.020 and 13.16.0 10 of this Code. Section 3. That Chapter 3.05.026 entitled "Collection of Monthly Utility Service Fee" and Chapter 3.05.027 "Responsibility for Utility Service Fee" of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 3.05.026 COLLECTION OF MONTHLY UTILITY SERVICE FEE. The ambulance utility service fees shall be collected on a monthly basis at the rate designated in Chapter 3.07 and be billed as part of the city's combined monthly utility billing process as contained in Chapter 3.5 10 from each presidential dwelling unit (for the "family residential" classification and for 3 the "multi- family residential" classification to the extent that each unit is separately billed for utilities) and from tlie awzer- Rf each commercial /business or industrial facility (for classifications other than "family residential" and separately billed "multi- family residential' units). The City Manage« or his shall he responsible fee the bill__9 and __ll __..__ _r .l._ utility sefvice fee. Pa)qnefit of the utility sefxriee f�e shall be due and owing thii4y (30) days aft b designee, the billing .Into and shall he delinquent if net paid by the " a date. 3.05.027 RESPONSIBILITY FOR UTILITY SERVICE FEE. The owner of the family - residential property and the multi - family residential property and all adult residents therein shall be jointly and severally responsible and liable for the ambulance utility service fee. The owner of each commercial /business and industrial facility shall be jointly and severally responsible and liable for the utility service fee. Notiee of the utility e , ___ fee shall h sent h r a_ J -•»•• .. urraa�wa. sewer- and /or- watef senrices a4 the senriee loeatien, unless notarized instfec4ieas frigni the prapeA � a ,oil by the City requesting ah..t the propeAy owner- be billed. ♦ _ all ath M Y e aces, the prcpeAy c:: n.,= h 1� =a= 1be il�d In the event the utility service fee is included in the billing for water and /or sewer charges, any payments received shall be deemed to be first applied against the ambulance utility service fee. Section 4. That Chapter 3.07.150 entitled "Fee Summary - Utilities - Billing" of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 3.07.150 UTILITIES — BILLING 0 Fee /Charge Reference A) Aeeeunt SetJjpA nolication Fee $25,09 13 090 1) Service to new connection $15.00 3.510.510(A) 2) Service to existing connection $15.00 13.16.090 B) Utility Deposits 1) Residential utili= =T deposit: a) Inside City 1 -4 Units (per 3 mos. /swr /wtr 13.16.035 unit) b) Inside City 5 & over (per 3 mos. /swr /wtr 13.16.035 unit) c) Outside City (subject to 90% 3 mos. /swr /wtr 13.20.080 surcharge) 2) Commercial utility r a) Inside City 3 mos. /swr /wtr 13.16.035 b) 3/4 -8" Meter 3 mos. /swr /wtr 13.16.035 0 c) Outside City (subject to 90% 3 mos. /swr /wtr surcharge) CE) Pe,.,,, deli.,.uent senTiee before $50.00 4:38 prnr.Disconnect Collection Process Fee D) Field Service 1) Field Service Fee $15.00 2) After Hours Fee $75.00 3) After Hours Fee /Collection $25.00 ED) Unauthorized turn easy $50.00 repairs east additiena4Reconnect Penalty FE) Late Ppay penalty $103.00 G) Phone Collection Process Fee $10.00 H) Debit Card Convenience Fee $0.50 as follows: Counter E Debit/Credit Card Convenience $1_50 Fee Web J) Phone Operator Assist Payment $3_00 Fee K) Phone No Assist Payment Fee $2.00 FL) Meter test (accuracy test of $60.00 meter) 13.20.080 13.'� 16..0903.510.510(C) 3.510.510(D) 3.510.510(E) 3.510.510(F) 4 .'z-� --1203 .510.510 (A) 13.16.050 & 13.' 6_ "��3.510.510(B) 3.510.510(B) 3.510.510(G) 3.510.510(G) 3.510.510(H) 3.510.510(I) 13.24.030 GM) Fire Line — per month $8.00 13.28.060 FIN) Meter repair $100.00 plus cost, 13.24.100 time, materials 10) Sewer tap and inspection (In & $75.00 13.52.140 Out City 3P) Water tap application fee (each) $150.00 Section 5. That a new Chapter 3.510 entitled "Utility Billing Management" of the Pasco Municipal Code, shall be and hereby is created and shall read as follows: CHAPTER 3.510 UTILITY BILLING MANAGEMENT 3.510.010 DEFINITIONS. For the purpose of this Chapter, certain terms or words shall be interpreted or defined as follows. Except as defined in this section all words in this title shall carry the customary meanings. Words used in the present tense include the future and the future includes the present and the plural includes the singular and the singular includes the plural. E A) "Bill ", "billing ", "utility bill" means the accounting to utility customers of all monthly recurring charges, payments received, adjustments and balances for activity relating to the ambulance, water, sewer, stormwater and irrigation systems. B) "Field service business hours" means Monday through Friday from 8:00 a.m. to 4:30 p.m. excluding holidays where city offices are closed. C) "Field service nonbusiness hours" means any other days and time outside of field service business hours. D) "Office business hours" means Monday through Friday from 8:00 a.m. to 5:00 p.m. excluding holidays where city offices are closed. E) "Office nonbusiness hours" means any days and hours not included in office business hours. F) "Owner" and "Property Owner" means the legal owner of record as listed by Franklin County or other legal documentation and shall include a person purchasing real estate under a recorded land purchase contract so long as the person swears that he or she has the authority under the terms of the contract to deal with the property in such manner. G) "Owner account" means a utility account for a service location H) "Paid' means payment that has been received, processed and posted to the customer's utility account. I) "Service — existing connection" means any request for service provided through an existing water system, irrigation system, stormwater system or existing sewer system service connection. J) "Service — new connection" means any request for service that requires an additional connection to the water system, irrigation system, stormwater system or the sewer system. K) "Tenant" means anyone who is not the property owner and who has permission from the owner to reside or occupy a service location whether rent is involved or not. L) "Tenant account" means a utility billing account for which the tenant is responsible. M) "Utility billing office" means the office inside City Hall, which is located at 525 N 3'd Ave Pasco, WA where the cashiering and billing takes place. It specifically excludes the drop box located at City Hall or any other location. N) "Utility charges" means any and all charges, fees, penalties and interest processed through the city utility billing system. 3.510.020 APPLICATION FOR UTILITY SERVICE- EXISTING CONNECTION. A) Applications for utility service through an existing utility connection (see 13.16.010 for applications for a new utility connection) shall be made at the utility billing office on the forms provided. The application is merely a written request for service and does not, in itself, bind the Water Department to serve. The applicant shall: A) Provide the applicant's name and indicate whether the applicant: 1) Is the legal property owner of record or is purchasing the property under a recorded land purchase contract and thereby requests an owner account, or 2) Is applying for service as a tenant and thereby requests a tenant account. Written proof that the applicant has permission from the property owner of record or the person purchasing the property under a recorded land purchase contract (whichever is applicable) to make the application must accompany the application; T B) Give the names of their spouse and all non - dependents residing on or using the property; C) Agree to conform to all ordinances, rules and regulations now in existence and as hereafter amended or supplemented governing the utilities, including but not limited to, agreement that only authorized employees of the City shall be permitted to turn the water on; D) Agree that the City shall have the right to shut off the water supply at any time without prior notice for repairs, extensions, nonpayment of rates, or for other good cause, and that the City shall not be responsible for any damage caused by breaking, bursting or collapsing of any boilers, pipes or fixtures, or by the stoppage or interruption of the water supply, or any damage whatever resulting directly or indirectly from the shutting off of the water; as a condition precedent to receiving water service; E) Provide proof of identification. F) Provide a local phone number for collection notifications. G) Sign the application. 3.510.030 ACCEPTANCE OF CONTRACT. If utility service is provided as a result of an application being accepted, the application given in writing shall be considered a contract in which the applicant agrees to abide by such rates, rules and regulations as are in effect at the time of signing the application, or as may be adopted or modified thereafter by the City, and to pay all bills promptly. 3.510.110 DEPOSITS. Owner accounts and tenant accounts for which a service lien exists are exempt from the deposit requirements of this section. A) Deposits Required on Initial Service. At the time of application for utility service the manager of the finance division, hereafter called manager, or his/her designee, shall require an applicant for city utility services, to deposit with the City an amount of money to be held as security for the payment of all bills and claims for such utility service. Such deposit shall be an amount equivalent to a three -month water and sewer minimum billing at the premises. An applicant shall make a deposit or satisfy the credit policy described in subsection B of this section before utility service will be furnished. B) Deposit Waiver. The manager shall waive the deposit requirement of an applicant, except an applicant who is a renter or lessee of a property whose owner has filed a request to release such property from utility service liens pursuant to PMC Section 13.04.080 ( "Renter of Lien - Released property "), who would otherwise be required to pay a deposit, as set in the preceding subsection (A), if one of the following criteria is met: 1) The applicant has prior utility service with the City during the previous twelve consecutive months and during that period the applicant had no more than one defaulted or delinquent payment; or 2) The applicant provides written documentation of utility service in another jurisdiction within the past two years with proof of a satisfactory payment record for the most recent 12 consecutive months. C) Deposits on Continued Service. The manager may require any utility customer to make a deposit if the customer has, within a 12 -month period, had two or more defaulted or delinquent payments; or the customer has filed for bankruptcy so as to have required the City to file its proof of claim for utility services, not to include Chapter 13 wage earner plans. D) Interest on Deposits. Deposits collected under this section shall not bear interest. 7 E) Refund of Deposit. The deposit, or any portion thereof not utilized for the payment of charges required by this title may: 1) Be refunded to the customer upon termination of utility services; 2) Upon termination of utility services at one location, be transferred to a new utility customer service location within the City; or 3) After 12 months of utility services without default or delinquency, be refunded to the customer, except for renters of lien- released property. 3.510.210 ACCOUNTING OF READINGS. The Finance department will keep an accurate account on its books of the readings of meters, and such accounts so kept shall be offered at all times, places and courts as prima facie evidence of the use of water service by the customer and shall be the basis on which all bills are calculated for metered service. 3.510.220 BILLING FREQUENCY. The City Manager shall establish utility billing on a basis whereby each customer will receive a billing approximately once a month. 3.510.230 CHANGE OF OCCUPANCY AND FRACTIONAL MONTHS. Each customer about to vacate any premises, or who desires utility service discontinued for any other reason, shall give written notice of his desire, specifying the date service is to be discontinued; the meter will be read and a bill rendered. 3.510.310 DELINQUENCY. (A) All utility charges shall be due immediately upon billing and become delinquent if not paid in full twenty days after the date of billing. Late fees, penalty fees and collections fees are considered delinquent when assessed. B) Notice of delinquency shall be sent on the subsequent monthly bill informing the customer that a late pay penalty fee has been added and if payment for all delinquent charges is not received by the date, time and location listed on the notice additional fees will be incurred and water service may be stopped without further notice. Delinquent charges for which payment has not been received by ten days past the subsequent monthly bill date shall be sent a phone notification to the designated phone number on file stating the date and time by which payment must be received in order to be excluded from the disconnect collection process. Delinquent charges for which payment has not been received by twelve days past the subsequent monthly bill date shall be subject to disconnection of water service until payment has been received for all delinquent charges unless the Finance Manager and the customer establish a written and signed payment arrangement to provide for payment of all charges billed and expected to be billed by the last payment date of the arrangement. Payment arrangements are not automatic and are to be based on a written policy established by the City Manager and administered by the Finance Manager. Failure to adhere to the written arrangement will result in additional fees as specified in Chapter 3.07 and disconnection of water service without further notice. If an account is processed through the disconnect collection process for two consecutive months or any three times within the last twelve months, the Finance Manager may require payment for all current as well as delinquent charges be received prior to reconnecting water service. C) A separate delinquent notice, in addition to the notice pursuant to paragraph (B) shall be delivered to the service location of multi - family properties at least seven days prior to scheduled disconnection of service to provide tenants the opportunity to contact the landlord or to arrange payment prior to the disconnection of service. H D) In the event of a turn-off for non - payment of a delinquent account, the water shall remain turned off until the delinquency and all resulting charges are paid in full unless: 1) The property has been released from responsibility for water and sewer charges pursuant to Section 13.04.080, in which event it shall remain turned off until a subsequent application for service is accepted; provided, that the subsequent applicant and any other person residing on or using the property is not liable for any water -sewer charges owing on the property or some other property served by the city water -sewer utility.; or 2) The Finance Manager and the customer establish a written and signed payment arrangement pursuant to the payment arrangement policy referred to in 3.510.310(B) above. Failure to adhere to the written arrangement will result in additional fees as specified in Chapter 3.07 and disconnection of water service without further notice. 3.510.320 FAILURE TO RECEIVE MAIL - CHANGE IN ADDRESS OR OWNERSHIP. Failure to receive mail shall not be recognized as a valid excuse for failure to pay utility bills when due. Change in ownership of property and change in mailing address must be made in writing at the office designated by the City Manager. All bills and notices, including delinquency and water turn-off notices, shall be sent to the customer's billing address provided the City. 3.510.330 BACK BILLS - PAYMENT REQUIRED. An applicant who has been a customer of the City utilities at the property or some other property and is liable to the City for material, labor, service or other utility charges shall be required to pay all outstanding bills and shall be required to establish his or her credit to the satisfaction of the City prior to receiving any utility service. The above shall apply if any other person residing on or using the property that is liable to the City for any utility charges. Service shall be denied any person or persons who use any subterfuge whatsoever to avoid payment for services or other charges owed. 3.510.340 UNAUTHORIZED RECONNECTION. It is a breach of the contract between the City and the property owner for any property owner, occupant or any unauthorized person to consent to, or turn water on or off at the curb cock, or in the meter box, or to receive, obtain, or use any water therefrom after the water has been shut off by an authorized agent of the Water Department and before the water is turned on by an authorized agent of the Water Department or to tamper, modify or damage any water meter or associated valves and piping. All costs of repair, replacement, connection or disconnection, resulting from a violation of this section, and a penalty, as set forth in Chapter 3.07 of this code to be known as the "Unauthorized Reconnect Penalty ", shall be assessed against the water services customer and included as additional costs in the regular service billing. Failure to pay the assessed costs may result in a lien being assessed against the real property served by the connection. The assessed costs shall be included on the customer billing. Separate notice of the assessed costs and penalty together with their right to a hearing to contest the assessment and penalty as provided below shall be mailed to the account holder. There is hereby created a presumption that the head of the household or manager of a firm consents to all breaches of above - referenced contract by members of household or firm, thereby becoming responsible for violations of this section. Any person aggrieved by assessment of such costs may, within ten (10) days of receipt of their regular service billing showing the E assessment of such costs, request a hearing before the Code Enforcement Board and shall state the basis for such appeal. A hearing shall be held within thirty (30) days of the receipt of a sufficient request for hearing after notice stating the date and time of the hearing, the hearing officer, and that a decision shall be rendered by the Code Enforcement Board within (10) days of the date of said hearing in writing. 3.510.410 LIEN FOR UTILITY CHARGES. A) All unpaid water, sewer, stormwater and irrigation charges penalties and collection fees shall become liens against the property to which they apply as provided in RCW 35.21.290, 35.21.300, 35.67.200, 35.67.280 and 35.67.290 or as hereafter amended or supplemented. The City shall have the authority to terminate domestic water service to said property or customer. Termination of such water service shall not limit other remedies available to the City under state law. B) Interest on the unpaid balance shall be eight percent per year or such higher rate as authorized by state law. Penalties, as authorized by state law, in the amount of five percent will also be assessed. C) No liens shall apply for utility charges to property that has been released from responsibility for such charges as provided in Section 3.51.420 for charges incurred during the time the release is in effect except the liens that may be enforced by turning off water service shall apply until there is accepted an application for service from a person who themselves and any person residing on or using the property with them do not have owing to the City any - utility charges for the subject property or any other property. The provisions of Section 3.510.310 shall also apply. 3.510.420 LIABILITY FOR UTILITY CHARGES /RELEASE OF LIEN. The applicant for utility service shall be personally liable for all utility charges applicable to the property for which application is made from the time the requested service begins until the service is finally terminated to the applicant. Additionally, the applicant's spouse and all non - dependents residing on or using the property shall be personally liable for all utility charges applicable to the property. All utility charges applicable to a property shall be chargeable against it and shall become a lien against it as provided by law, unless the property owner shall make a notarized request to release the property from responsibility. The grant of such a release shall authorize the City to require that the estimated utility charges for any billing be paid in advance. Such a release shall be binding on subsequent property owners as well as any record title owner for a release executed by a contract purchaser as described above unless and until the City receives notarized instructions otherwise from the owner. 3.510.510 MISCELLANEOUS UTILITY CHARGES. A) There shall be a charge, to be known as "Application Fee — Service to new connection" as set forth in Chapter 3.07 of this code, to- process an application for service and to establish a utility billing account. B) There shall be a penalty known as the "Late Pay penalty" as set forth in Chapter 3.07 of this code, if a bill is not paid in full within twenty -five days of the date of billing. The Finance Manager is hereby authorized to waive this fee once in a rolling twelve calendar month period if the customer acknowledges understanding of the utility payment and collection policies. If the charges remain unpaid at eleven days past the past due bill date then the account 10 shall incur a collection fee to be known as the "Collection Notification Fee" as set forth in Chapter 3.07 of this code. The Collection Notification Fee applies to all accounts that meet the stated criteria. Failure by the customer to provide a current phone number, failure to notify the utility billing department of changes in phone number, or failure to receive the phone message shall not be recognized as a valid excuse to waive this fee. The Finance Manager is hereby authorized to waive this fee once per account in a rolling twelve calendar month period if the customer acknowledges understanding of the utility payment and collection policies. C) In the event delinquent charges and related fees are not paid in full by the date specified in the delinquent notice required by 3.510.310 (B) there shall be a charge known as the "Disconnect Collection Fee ", as set forth in Chapter 3.07 of this code. The Collection Fee is a bundled charge and covers administrative costs as well as related one -time costs of service to disconnect and to reconnect the meter if needed to enforce payment for delinquent charges. The Finance Manager is hereby authorized to waive this fee once if the account is paid to zero before being reconnected and the account is signed up to have future payments processed automatically through the city's Autopay program. D) There shall be a charge as set forth in Chapter 3.07 of this code to be known as the "Field Service Fee" for providing field service which resulted from dispatching personnel to the property location. There shall be an exception to this fee one time in twelve consecutive months pursuant to a customer request to verify a previously obtained meter read. There shall also be an unlimited exception to this fee for the cost of service to re -read a meter if the new read clearly indicates the past read was in error E) There shall be a charge as set forth in Chapter 3.07 of this code to be known as the "Field Service After Hours Fee" for the service to turn water off and a charge to turn water on during field service nonbusiness working hours. F) There shall be a separate, lower charge as set forth in Chapter 3.07 of this code to be known as the "Field Service After Hours Fee /Collection" to reconnect water service pursuant to the payment of the Collection Charge required in 13.510.510 C) during field service nonbusiness working hours. G) There shall be a charge as set forth in Chapter 3.07 of this code to be known as the "Debit Card Convenience Fee (Counter)" for payments made by debit card and processed at the utility payment counter. There shall be a charge as set forth in Chapter 3.07 of this code to be known as the "Debit/Credit Card Convenience Fee (Web)" for payments made by debit /credit card and processed via the on -line web payment system. H) There shall be a charge as set forth in Chapter 3.07 of this code to be known as "On -line Processing Assistance Fee" for payments made over the phone that utilize office personnel to process the transaction via the on -line or phone payment system. 3.510.610 SENIOR DISCOUNT. Dwelling units qualifying as set forth below shall be charged a monthly rate equal to one -third of the otherwise applicable rate for the minimum monthly water and sewer rates. All consumption shall be charged at the regular rate. To qualify each dwelling unit where a person residing therein shall show satisfactory proof under oath in writing to the City Finance Director the following: 1) That he or she is sixty -two years of age or older; 2) That he or she is a single occupant of or the head of a household all of whose members have a combined annual income from all sources that is not greater than the United 11 States Federal Poverty Level. Such poverty level shall be determined by the "Very Low Income Limits" and updated annually by the finance director; 3) The person must be the applicant for the water service and must be directly responsible for the payment of the water bill; 4) The person must have resided at such place for a period of not less than ninety consecutive days prior to the effective date of the rate set forth below and must intend to remain at such place. 5) The person must state under oath that he or she will inform the City in writing if there is any change in their or the household's status as it relates to the requirements set forth above. The City Finance Director may require the person demonstrating satisfactory proof for a household that qualifies for the rates set forth in this section to make an updated application at any time. "Head of the household" means the person owning or having control of the dwelling unit. In the case of a husband and wife, either person shall be considered the "head of the household." Section 6. That a new Chapter 3.147 entitled "Water /Sewer Fund" of the Pasco Municipal Code, shall be and hereby is created and shall read as follows: CHAPTER 3.147 WATER/SEWER UTILITY FUND 3.147.010 CREATED/USE. There is created a fund to be known as the Water /Sewer Utility Fund into which shall be paid all revenues received from the operations of the Water /Sewer Utility created by 13.12.010 or from the sale of bond proceeds and out of which will be paid all expenses for the purchase, improvement and extension of Water /Sewer Utility and all expenses in connection with the operation and maintenance of the same. Section 7. This ordinance shall take effect 5 days after passage and publication by law. PASSED by the City Council of the City of Pasco at a regular meeting the 3rd day of December, 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney 12 AGENDA REPORT TO: City Counc'1 November 19, 2012 FROM: Gary Crutch ) Manager Workshop Mtg.: 11/26/12 a Regular Mtg.: 12/3/12 t SUBJECT: Interlocal Agreement for Emergency Management Services I. REFERENCE(S): 1. Proposed Interlocal Agreement 2. 2013 Schedule of Local Assessments II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 11/26 Discussion 12/3: MOTION: I move to approve the Interlocal Agreement for Emergency Management Services and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Approximately $8,000 annually IV. HISTORY AND FACTS BRIEF: A) State Law (RCW 38.52) requires all cities and counties in the state of Washington to establish a local emergency management program so as to assure that all citizens are afforded the prescribed level of emergency preparation at the local level. RCW 39.34 ( Interlocal Cooperation Act) further authorizes cities and counties to jointly exercise their responsibilities through an interlocal agreement. Franklin County and the four municipalities within the county (Pasco, Mesa, Connell and Kahlotus) entered into an interlocal agreement in the late 1980s to create the Franklin County Emergency Management Agency. That agreement has been updated several times over the course of the past 20+ years and the current agreement expires at the end of 2012. B) The proposed agreement has been updated but will continue the existing agency in the same fashion it has existed for the past 20 years. The financial provision (Section 9) remains the same; that portion of the operating budget not covered by grants from state or other agencies must be provided by the participating jurisdictions based on their respective share of the county -wide population. This means Pasco pays nearly 80% of the local assessment for the operating budget. V. DISCUSSION: A) The proposed agreement is essentially the same as the expiring agreement and will extend the agency through December 2020. The city would likely spend more than $8,000 annually if it were to operate its own emergency management function. Staff recommends Council approval of the interlocal agreement. 4(d) FRANKLIN COUNTY EMERGENCY MANAGEMENT 502 Boeing Street Pasco, WA 99301 (509) 545 -3546 Fax: (509) 545 -2139 EMERGENCY MANAGEMENT ORGANIZATION INTERLOCAL AGREEMENT January 2013 — December 2020 THIS AGREEMENT, made and entered into by and between the COUNTY OF FRANKLIN, a political subdivision of the state of Washington, and CITY OF PASCO, CITY OF MESA, CITY OF CONNELL, and the CITY OF KAHLOTUS, all incorporated municipalities of the State of Washington. WHEREAS, RCW 38.52.070, EMERGENCY MANAGEMENT ACT, authorizes and directs each political subdivision of this state to establish a local organization for emergency management in accordance with the State Emergency Management Plan and Program and, specifically permits the General of the State Military Department to authorize two or more entities to join together in the establishment and operation of a local organization for emergency management; and, WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political subdivisions to jointly exercise their powers, privileges, or authorities with other political subdivisions of this state through the execution of an interlocal cooperative agreement as authorized pursuant to RCW 38.52.091; and, WHEREAS, the Board of County Commissioners of Franklin County and the incorporated municipalities of Pasco, Mesa, Connell, and Kahlotus desire to join together to establish and operate a program to mitigate, prepare for, respond to, and recover from, disasters and other extraordinary emergencies, both natural and human caused; NOW, THEREFORE, in consideration of the promises and agreements herein contained, and subject to terms and conditions hereinafter set forth, it is mutually understood and agreed by the parties signatory to this Agreement as follows: Section 1. Definitions. The following terms when used herein are defined as follows: A. "Agency" refers to Franklin County Emergency Management. B. "Board" refers to the Board of Directors of Franklin County Emergency Management. C. "County" refers to the County of Franklin. D. "Director" refers to the Director of Franklin County Emergency Management. Page 1 of 13 E. "Emergency or Disaster" shall mean an event or set of circumstances which: (a) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences, or (b) reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010. F. "Emergency Management' refers to the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to mitigate, prepare for, respond to, and recover from emergencies and disasters, and to aid victims suffering from emergencies or damage, resulting from disasters caused by all hazards, whether natural or man-made, and to provide support to search and rescue operations for persons or property in distress. However, "emergency management' does not mean preparation for emergency evacuation or relocation of residents in anticipation of nuclear attack. G. "Hazard" is a dangerous event or circumstance which has the potential to escalate into an emergency or a disaster. H. "Incorporated Municipalities" refers to the cities of Pasco, Mesa, Connell, and Kahlotus. Section 2. Purpose. As a result of existing increasing possible occurrences of disasters, and in order to ensure jointly shared capacity to respond to such emergencies within Franklin County, the purpose of this Agreement is to create an emergency management agency and establish the rights and responsibilities of its members. Section 3. Agency Established. A. The Agency hereby established by this Agreement is to be comprised of the County and the Incorporated Municipalities and shall be designated The Franklin County Emergency Management Agency as defined in RCW 38.52.005. B. The Agency shall commence its existence upon the approval of this agreement by appropriate ordinance or resolution adopted by the Board of Franklin County Commissioners and the Councils of the Incorporated Municipalities, subject to the approval of the State Emergency Management Division. C. Any incorporated city or town within the county may become a participating member of this agency upon the adoption of the resolution by its council to that effect, its Agreement to the provisions hereof, and the deposit with the Director of Franklin County Emergency Management, a copy of this Agreement duly executed by such city or town. Section 4. Powers and Responsibilities of the Aeency. In accordance with RCW 38.52.070, the agency is designated as the local organization for emergency management for the incorporated municipalities, and shall: Page 2 of 13 A. Operate and have emergency powers as authorized by RCW 38.52.070 and exercise disaster control and coordination through the agency office or through the Emergency Operations Center. B. Provide service, equipment, and personnel to the member jurisdictions to assist them with emergency management functions. C. Provide an emergency management organization to coordinate organizational activities and to minimize death, injury, and damages during natural disasters or man-made disasters. D. Coordinate local emergency service planning with the federal government, State of Washington, neighboring counties and states, military organizations, and other support networks. E. Provide for the effective utilization of resources within or from outside the Incorporated Municipalities to minimize the effects of disaster and to request assistance as needed through established emergency service avenues, county to state, state to region, region to national levels. F. Seek compensation coverage for volunteers who suffer injury or equipment loss or damage as a result of emergency service duty. G. Establish and maintain training and public information programs. H. Identify and develop capability and protection for the population to monitor and decontaminate the effects of radioactivity. I. Develop a system for warning and providing information and instruction to the general public. J. Perform routine office procedures, correspondence, and inventory K. Retain and maintain such books, records, documents and other evidence and accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs expended in the performance of this Agreement subject to reasonable inspection, review, or audit by any of the parties hereto, or the Office of the State Auditor, and shall promptly provide copies of such records which are not exempt or priviledge as requested under the Public Records Act. Section 5. Board of Directors. A. Board of Directors is created to directly govern the Agency for the executive heads of the Incorporated Municipalities signatory to this Agreement and to establish policies and to do all things necessary to insure efficient and functional operation thereof. B. The Board of Directors shall consist of seven (7) members as follows: Page 3 of 13 I . The executive head of the County of Franklin or his or her officially designated representative. 2. One appointee by the executive head of the County of Franklin or his or her officially designated representative. 3. The mayor of the City of Pasco or his or her officially designated representative. 4. One appointee by the executive head of the City of Pasco or his or her officially designated representative. 5. The executive head of the City of Mesa or his or her officially designated representative. 6. The executive head of the City of Connell or his or her officially designated representative. 7. The executive head of the City of Kahlotus or his or her officially designated representative. The Director of the Agency shall be the ex- officio, nonvoting member of the Board. C. The Board shall follow the approved By -laws of the Agency. Section 6. Powers and Responsibilities of the Director. A. Subject to the direction and control of the Board, the Director shall have direct responsibility for the day to day development, operation, and management of the Agency, including, but not limited to: 1. Implementation of policies, programs, and directives of the Board. 2. Issuance of recommendations and reports to the Board as deemed necessary by the Board. 3. Representation of Agency programs on behalf of the Board in dealings with public and/or private organizations pertaining to emergency services and disasters. 4. Recruitment, development, and training of employees and volunteers in the coordination, advancement, and exercising of an overall Agency effort for the purposes of this Agreement. 5. Maintaining of the Franklin County Comprehensive Emergency Management Plan for the County and its Incorporated Municipalities which conforms to the State Comprehensive Emergency Management Plan and Program. Page 4 of 13 6. Preparation and submittal to the Board of an annual budget and work program for the Agency. B. In the event of a disaster as defined by RCW 38.52.010(6) or as declared by the Governor of the State of Washington as provided by law, the Director shall be empowered, with the concurrence of the Board: 1. To make and issue regulations and rules on matters reasonably related to the immediate protection of life and property as affected by such disaster, provided, however, such rules and regulations shall be confirmed by the Board at the earliest practicable time. 2. To obtain vital supplies, equipment, and such other properties found to be lacking and necessary for the protection of life and property, and to bind the Agency for the fair value thereof, and, if required immediately to commandeer the same for public use in accordance with law. 3. To acquire emergency services of any officer or employee of the parties signatory to this Agreement, to requisition necessary personnel or material of any County department or agency with concurrence of the Chair of the Board of Franklin County Commissioners or of any city department or agency with concurrence of the Mayor of such city, to command the aid of as many citizens of Franklin County as deemed necessary in the execution of the Director's duties, such persons to be entitled to all privileges, benefits, and immunities provided by State law for registered emergency workers. 4. To execute the special powers conferred upon the Director by this Agreement, or by resolution adopted pursuant hereto, or conferred upon the Director by statute, or by agreements approved by the Board, or other lawful authorities. Section 7. Fund Establishment. A. There is hereby created and established a special pooled fund designated the "Franklin County Emergency Management Fund ". It is agreed upon by the parties signatory to this Agreement that said fund shall be administered by the Treasurer of Franklin County. Any and all unexpended Agency monies at year end shall be carried forward into the following fiscal year budget. B. All monies collected and received on account of the Agency, including financial contributions by the parties' signatory to this Agreement in accordance herewith, shall be deposited into said fund. C. The Director of the Agency shall authorize expenditures from said fund in accordance with the Director's Extent of Administrative Authority approved by the Board. Page 5 of 13 Section 8. Budgets. A, Fiscal year budgets for the Agency shall be prepared by the Director not later than October 30, for the following year, subject to approval by the Board. B. Budgets shall not be approved at any meetings of the Board without at least fourteen (14) days notice thereof to members of the Board. C. Approval shall be by a simple majority of the voting members of the Board. Section 9. Funding. A. Deficit portions of Board approved Agency budgets not funded by grants or gifts shall be funded by contributions paid by the parties' signatory to this Agreement. B. The contribution amounts shall be reviewed yearly by the Board for inclusion into the annual budgets of the parties' signatory to this Agreement and shall be calculated by the following formula: POPULATION OF INCORPORATED MUNICIPALITY DIVIDED BY = % OF DEFICIT PORTIONS TOTAL COUNTY POPULATION FUNDED BY SIGNATORIES C. In the event of an emergency which results in costs to the agency above and beyond the normal, budgeted expenses for operation and administration, such excess costs shall be borne by the party or parties affected by the emergency and promptly remitted to the Agency fund, provided, that the Director of the agency shall obtain approval of the affected parties at the earliest opportunity. If in any case, the Board is unable to agree upon the proper contributions of the parties signatory to this Agreement for the cost of emergency management, the question of such decision shall be referred to the State Emergency Management Council for arbitration and the decision of that Council shall be final and binding upon the parties signatory to this Agreement. Section 10. Property. A. For the purposes of this Agreement, both monies and property shall be considered a part of the agency fund. B. The Director of the Agency shall maintain the custody and control of all property and equipment acquired by or loaned to the Agency fund. C. The ownership of all property, equipment, or monies acquired by or through the Agency fund on or after the execution of this Agreement shall be shared by the parties' signatory to this Agreement in proportion to the financial and contributed service value of each party in the year of acquisition of such property, equipment, or monies. Page 6 of 13 D. The ownership of property or equipment loaned or contributed for use by the Agency by any party signatory to this Agreement shall remain the property of the loaning or contributing party. E. In the event that any party signatory to this Agreement withdraws from this Agreement prior to its termination as provided herein, any property or equipment loaned or contributed by such party shall be returned to such party within ninety (90) days following the date of such party's withdrawal. Section 11. Rights and Liabilities. Whenever an employee of any of the parties of this Agreement is rendering aid outside his /her jurisdictional territory pursuant to this Agreement, such employee shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties within the jurisdiction of their employment. For any political jurisdiction within which any equipment as provided under this Agreement is used in response to emergency, that jurisdiction shall be liable for any loss or damage to such equipment and shall pay any expense incurred in the operation and maintenance thereof. No claim for such loss, damage, or expense shall be allowed, unless within sixty (60) days after the damage or expense is sustained or incurred, an itemized notice of such claim, under oath, is served by mail or otherwise upon the executive head of such political jurisdiction in which the equipment was used. Section 12. Hold Harmless and Indemnification. Except in those situations where the parties have statutory or common -law immunity, or those governed by RCW 38.52.190 through RCW 38.52.260, each party shall defend, indemnify and hold harmless the others from liability or any claim, demand, or suit arising from that party's participation under the terms of this Agreement because of said party's negligent actions or omissions. Each party shall promptly notify the other in the event of such a claim. Section 13. Dispute Resolution. In the event a dispute arises among, or between any of the parties regarding enforcement, breach, or interpretation of this Agreement, the Director of the Agency established under Section 3 shall meet with the executive head of the jurisdiction in dispute, in a good faith effort to resolve the dispute, with or without agreed mediation, All disputes other than those required to be arbitrated before the State Director as required by RCW 38.52, shall be resolved by binding arbitration pursuant to RCW 7.04A, with venue being placed in Pasco, Franklin County, Washington; and the arbitrator shall award to the substantially prevailing party, judgment for its attorney fees and costs against the other. In the event of a de novo review, all parties waive their right to a jury trial. Page 7 of 13 Section 14. Interlocal Agreement Provisions. This Agreement is entered into pursuant to RCW 39.34 as an interlocal cooperation agreement. This Agreement shall be filed with the Franklin County Auditor or placed on any participating agency's website or other electronically retrievable public source. Section 15. Compensation Board Established. A Compensation Board if required, shall be established, meet, and perform such duties in the manner authorized and required by RCW 38.52.210 -280. Section 16. Term. This Agreement shall commence upon execution by all the parties, and shall terminate at midnight on the thirty -first day of December, 2020. Section 17. Withdrawal. Any party signatory hereto may withdraw from this Agreement effective December 31, of any year by providing written notice to the Board at least 6 months prior to the planned termination date. Section 18. Amendments. This Agreement may be amended only by a written agreement signed by all parties hereto. Section 19. Waiver. Failure by either party at any time to require performance by any party to this Agreement, or to claim a breach of any provision of this Agreement, shall not be construed as affecting any subsequent breach or the right to require performance or affect the ability to claim a breach with respect thereto. Section 20. Severabilitv. If any portion of this Agreement or its application to any person, place, or circumstance is held invalid, the remainder or application to other persons or circumstances shall not be affected. Page 8 of 13 COUNTY OF FRANKLIN County Commissioner County Commissioner County Commissioner ATTEST: County Clerk to the Board Approved As To Form: Prosecuting Attorney, Deputy Page 9 of 13 CITY OF PASCO Mayor ATTEST: City Clerk Approved As To Form: City Attorney Page 10 of 13 CITY OF CONNELL ATTEST: Mayor City Clerk Approved As To Form: City Attorney Page I 1 of 13 CITY OF MESA Mayor ATTEST: City Clerk Approved As To Form: City Attorney Page 12 of 13 CITY OF KAHLOTUS ATTEST: Mayor City Clerk Approved As To Form: City Attorney Page 13 of 13 n FRANKLIN COUNTY EMERGENCY MANAGEMENT 502 Boeing Street Pasco, WA 99301 (509) 545 -3546 Fax: (509) 545 -2139 September 4, 2012 MEMORANDUM TO: Franklin County Emergency Management Board FROM: Franklin County Emergency Management (FCEM) SUBJECT: 2013 Local Jurisdiction Assessment 2013 Local Jurisdiction Assessment Jurisdiction Population* % 2013 ASSESSMENT $202719.09 MINUS MATCH 2013 NET ASSESSMENT $10,519.09 $10,200.00 Pasco 62,670 75.96% $15,738.97 $7,748.29 $7,990.68 Franklin County 13,820 16.75% $3,470.76 $1,708.65 $1,762.11 Connell 5,320 6.45% $1,336.07 $657.75 $678.32 Mesa 495 0.60% $124.31 $61.20 $63.11 Kahlotu5 195 0.24% $48.97 $24.11 $24.86 TOTALS: 82,500 1 100% $20,719.09 $10,200.00 $10,519.09 68,680 Incorporated population for the cities 13,820 Unincorporated population for the county 82,500 Total estimated Franklin County Population for 2012 * Population data was taken from the State of Washington, Office of Financial Management's April 1 Population report for 2012 * Does not include expenses incurred for the MCC in 2012 CAFCEMI sessmen1=lM20AJUrisdtc[on -A sessmem 9W2Y12 MEMORANDUM FOR: City TO: Gary Crutch ie Manager Rick White, Community & c De velopment V—V4 FROM: Mitch Nickolds, Inspection Services Manager SUBJECT: Title 11 Civil Infractions Amendment L REFERENCE(S): Proposed Ordinance November 20, 2012 Workshop Mtg.: 11/26/12 Regular Mtg.: 12/3/12 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 11/26: DISCUSSION 12/3: MOTION: I move to adopt Ordinance No. amending Section 1 1.02.050 and 11.02.060 of the Pasco Municipal Code, and further, authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. The City has adopted procedures for issuing civil infractions to property owners to compel abatement of public nuisances on private property (Title I 1 Civil Infractions). Unabated public nuisances result in hearings before the Pasco Code Enforcement Board (Board). At the hearing, the Board may impose monetary penalties or order the City to complete the necessary abatement in the interest of public health or safety. B. Language in Pasco Municipal Code (PMC) 11.02.050 and 11.02.060 contains a provision that cancels the hearing and dismisses without penalty the civil infraction if it is abated prior to the date of the required hearing. This incentive was intended for first time violators. C. Occasionally, the same public nuisance by the same owner on the same property occurs within 2 years of a previous civil infraction. When this occurs, a notice of a repeat civil violation is issued; however the incentive contained in PMC 11.02.050 and 11.02.060 and discussed above treat first time violators and repeat violators the same — requiring cancellation of the hearing and dismissal of the penalties if the nuisance is abated prior to the date of the hearing. This is contrary to the City's original intent of requiring mandatory Board hearings of all repeat civil infractions, regardless of the compliance status of the infraction. D. The proposed amendment to PMC Title 11.02.050 and 11.02.060 clarifies that repeat nuisance violations (only those occurring in a 2 year period) require a hearing before the Board and a minimum penalty, even when the nuisance conditions have been abated. V. DISCUSSION A. The proposed amendment to Title 11 mandating Board hearings and penalties for repeat violations is a necessary correction that assists the Board in emphasizing the importance of continued code compliance, discouraging abuse and additional violations and makes the most efficient use of City resources. B. A property owner that has been issued a repeat civil violation is always provided the opportunity to address the Board if he or she believes that extenuating circumstances warrant a reduction or dismissal of the minimum penalty. If the owner makes a successful case, the Board has the ability to reduce, defer or dismiss the penalty. 4(e) ORDINANCE NO, AN ORDINANCE of the City of Pasco, Washington Amending PMC 11.02.050 "Notice of Civil Violation" and PMC 11.02.060 "Hearing Before the Code Enforcement Board" Providing for Mandatory Appearance and Minimum Penalties for Repeat Violations WHEREAS, under PMC 11.02.060, a person receiving a Notice of Civil Violation may avoid the scheduled hearing before the Code Enforcement Board and be in a position of any penalty if corrective abatement action is completed at least forty -eight (48) hours prior to the scheduled hearing; and WHEREAS, this incentive was intended for first time violations, and is subject to abuse by repeat offenders requiring multiple inspections, temporary corrections, and a waste of City resources; and WHEREAS, a correction is necessary to encourage long term abatement and provide for the more efficient use of City resources; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 11.02.050 of the Pasco Municipal Code entitled "Notice of Civil Violation" shall be and hereby is amended and shall read as follows: 11.02.050 NOTICE OF CIVIL VIOLATION. (1) Issuance. (a) When the applicable department director determines that a violation has occurred or is occurring, and is unable to secure voluntary correction pursuant to Section 11.02.040, the applicable department director may issue a Notice of Civil Violation to the person responsible for the violation. (b) The applicable department director may issue a Notice of Civil Violation without having attempted to secure voluntary correction as provided in Section 11.02.040 under the following circumstances: (i) When an emergency exists; or (ii) When a repeat violation occurs; or (iii) When the violation creates a situation or condition which cannot be corrected; or (iv) When the person knows or reasonably should have known that the action is in violation of the City of Pasco regulation. Page 1 of 1 (2) Content. The Notice of Civil Violation shall include the following information: (a) The name and address of the person responsible for the violation; and (b) The street address or a description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and (c) A description of the violation and a reference to the provisions(s) of the City of Pasco regulation which has been violated; and (d) The required corrective action and a date and time by which the correction must be completed after which the City may abate the unlawful condition in accordance with Section 11.02.070 and the Code Enforcement Board's Order; and (e) The date, time and location of an appeal hearing before the Code Enforcement Board which will be at least 10 days from the date of the Notice of Civil Violation is issued; and (f) A statement indicating that the hearing, other than the repeat violation hearing, will be canceled and no monetary penalty will be assessed if the applicable department director approves the completed, required corrective action at least 48 hours prior to the hearing; and (g) A statement that the costs and expenses of abatement incurred by the City pursuant to Section 11.02.070(4) and a monetary penalty in an amount per day for each violation as specified in Section 11.02.050(5) may be assessed against the person whom the Notice of Civil Violation is directed as specified and ordered by the Code Enforcement Board. (3) Service of Notice. The applicable department director shall serve the Notice of Civil Violation upon the person to whom it is directed, either personally or by mailing, by both regular mail and certified mail, a copy of the Notice of Violation to such person at their last known address. If the person to whom it is directed cannot after due diligence be personally served within Franklin County and if an address for mailed service cannot after due diligence be ascertained, notice shall be served by posting a copy of the Notice of Civil Violation conspicuously on the affected property or structure. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made, and if by posting the facts showing that due diligence was used in attempting to serve the person personally or by mail. (4) Extension. No extension of the time specified in the Notice of Civil Violation for correction of the violation may be granted, except by order of the Code Enforcement Board. (5) Monetary Penalty. The maximum monetary penalty for each separate violation per day or portion thereof shall be as set forth in Chapter 3.07 of this Code. Page 2 of 2 (6) Continued Duty to Correct. Payment of the monetary penalty does not relieve the person to whom the Notice of Civil Violation was issued of the duty to correct the violation. (7) Collection of Monetary Penalty. (a) The monetary penalty constitutes a personal obligation of the person to whom the Notice of Violation is directed. Any monetary penalty assessed must be paid to the City of Pasco within 10 calendar days from the date of mailing of the Code Enforcement Board's decision or a notice from the City that penalties are due. (b) The City Manager or his /her designee is authorized to take appropriate action to collect the monetary penalty. (Ord. 3873, 2008; Ord. 3190 Sec. 1, 1996.) Section 2. That Section 11.02.060 of the Pasco Municipal Code entitled "Hearing Before the Code Enforcement Board ", shall be and hereby is amended and shall read as follows: 11.02.060 HEARING BEFORE THE CODE ENFORCEMENT BOARD. (1) Notice. A person to whom a Notice of Civil Violation is issued will be scheduled to appear at a hearing before the Code Enforcement Board not less than 10 calendar days after the Notice of Civil Violation is issued. (2) Prior Correction of Violation. Except in the case of a repeat violation as defined in PMC 11.02.030(12), the hearing will be canceled and no monetary penalty will be assessed if the applicable department director approves the completed required corrective action at least 48 hours prior to the scheduled hearing. A hearing for a repeat violation shall not be canceled and a minimum monetary ep nalty of $200.00 will be assessed even if corrective action has been completed at least 48 hours prior to the scheduled hearing_ (3) Procedures. The Code Enforcement Board shall conduct a hearing on the civil violation pursuant to the rules of procedure of the Code Enforcement Board. The applicable department director and the person to whom the Notice of Civil Violation was directed may participate as parties in the hearing and each party may call witnesses. The City shall have the burden of proof to demonstrate by a preponderance of the evidence that a violation has occurred and that the required corrective action is reasonable. The determination of the applicable department director as to the need for the required correction action shall be accorded substantial weight by the Code Enforcement Board in determining the reasonableness of the required corrective action. (4) Decision of the Code Enforcement Board. (a) The Code Enforcement Board shall determine whether the City has established by a preponderance of the evidence that a violation has occurred and that the required corrective action is reasonable and shall affirm, vacate, or modify the City's decision regarding the alleged violation and /or the required corrective action, with or without conditions. Page 3 of 3 (b) The Code Enforcement Board shall issue an Order to the person responsible for the violation which contains the following information: (i) The decision regarding the alleged violation including findings of fact and conclusion based thereon in support of the decision. The required corrective action. The date and time by which the correction must be completed. (iv) The monetary penalties assessed based on the criteria in Section 11.02.060(4)(c). (v) The date and time after which the City may proceed with abatement of the unlawful condition if the required correction is not corrected. (c) Assessment of Monetary Penalty. Monetary penalties assessed by the Code Enforcement Board shall be in accordance with the monetary penalty schedule in Section 11.02.050(5). (i) The Code Enforcement Board shall have the following options in assessing monetary penalties: 1. Assess monetary penalties beginning on the date of the Notice of Civil Violation was issued and thereafter; or 2. Assessed monetary penalties beginning on the correction date set by the applicable department director or an alternate correction date set by the Code Enforcement Board and thereafter; or 3. Assess no monetary penalty; or 4. Assess less that the maximum monetary penalty. (ii) In determining the monetary penalty assessment, the Code Enforcement Board shall consider the following factors: 1. Whether the person responded to staff attempts to contact the person and cooperated with efforts to correct the violation; 2. Whether the person failed to appear at the hearing; 3. Whether the violation was a repeat violation; 4. Whether the person showed due diligence and/or substantial progress in correcting the violation; 5. Whether a genuine code interpretation issue exists; and Page 4 of 4 6. Any other relevant factors. (iii) The Code Enforcement Board may double the daily monetary penalty schedule if the violation is a repeat violation. In determining the amount of the monetary penalty for repeat violations, the Code Enforcement Board shall consider the factors set forth in Section 11.02.060(4)(c)(iii . (d) Notice of Decision. The Code Enforcement Board shall mail, by both first class and certified mail, a copy of the decision to the appellant and to the applicable department director within 10 working days of the hearing. (5) Failure to appear. If the person to whom the Notice of Civil Violation was issued fails to appear at the scheduled hearing, the Code Enforcement board will enter an order finding that the violation occurred and assessing the appropriate monetary penalty. The City will carry out the Code Enforcement Board's Order and recover all related expenses, plus the cost of the hearing and any monetary penalty from that person. (6) Appeal to the Superior Court. An appeal of the Code Enforcement Board's decision must be filed pursuant to the general appeal period as set forth in Chapter 1.01 of this Code, or is thereafter barred. (Ord. 3877, 2008; Ord. 3876, 2008; Ord. 3190 Sec. 1, 1996.) Section 3. This Ordinance shall take full force and effect five (5) days after its approval, passage, and publication as required by law. PASSED by the vote of the majority plus one of the City Council of the City of Pasco this_ day of 2012. Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Page 5 of 5 AGENDA REPORT FOR: City Council NOVEMBER 16, 2012 TO: Gary Crutchfi Manager Workshop Mtg.: November 26, 2012 Regular Mtg.: December 3, 2012 FROM: Rick Terway, ) ,irector, Administi ve & Community Services SUBJECT: Disposal of Police Seizure /Forfeiture Vehicles I. REFERENCE(S): 1. Memo from Chief Metzger 2. Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 11/26: Discussion 12/3: MOTION: I move to approve Resolution No. authorizing the sale of Police Department seizure /forfeiture vehicles considered surplus to City needs. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The Police Department has acquired 11 seized vehicles through Affidavits in Support of Default Judgment and Order of Forfeiture and has determined the vehicles to be surplus to City needs. B) Because of the age and/or condition of these vehicles, there is no blue book value available. Salvage value is $300.00 per vehicle. Staff requests Council declare the vehicles surplus to City needs and authorize staff to sell at auction. C) Staff proposes to have the auction consigned to H.A. Rowell Auctioneers, with a minimum bid of $300.00 each vehicle. A 25% commission is charged on the gross proceeds with no cost for transporting the items to auction or advertisement thereof. V. DISCUSSION: A) Staff recommends approval of the proposed resolution. 4(f) MEMORANDUM TO: Debbie Clark, City Clerk FROM: Bob Metzger, Police Chief RE: Seizure/Forfeited Vehicles DATE: 11/20/2012 Here is a list of cars that have been seized and forfeited to the city. These vehicles are in poor condition, not drivable and value is difficult to determine. We contacted a local salvage yard for an estimated value on each vehicle as salvage. He would take the vehicles for $300 each, for a total of $3,300. I would request that you forward these on to council and have them determined excess inventory and have them sold as per law. Model 1995 Pontiac Firebird 1977 Pontiac Firebird 2D 1985 Oldsmobile Cutlass 1992 Nissan Regular Cab 1993 Honda Civic 1979 Cadillac Deville 1999 Infiniti Q45 1983 Buick Regal 1992 Chevy Caprice 2000 Daewoo Leganza 1992 Honda Civic Thank you, Robert Metzger Chief of Police Vin # Vin# 2G2FVPXS2236128 Vin #2W87Z7N240765 Vin #1 G3GM47AXFH307811 Vin #1N6SD 11 S lNC325889 Vin #2HGEH3388PH504319 Vin #6D47S9C379803 Vin #JNKBY31 A8XM606237 Vin# 1 G4AM4748DH870176 Vin #1 GBL53EONW 144777 Vin #KLAVB6927YB286296 Vin #1 HGED3551 KA050906 RESOLUTION NO, A RESOLUTION authorizing the sale of Police Department seizure /forfeiture vehicles considered surplus to City needs. WHEREAS, there are seizure /forfeiture vehicles acquired by the Pasco Police Department that are surplus to City needs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: SECTION 1: The seizure /forfeiture vehicles listed are declared surplus property: Model 1995 Pontiac Firebird 1977 Pontiac Firebird 2D 1985 Oldsmobile Cutlass 1992 Nissan Regular Cab 1993 Honda Civic 1979 Cadillac Deville 1999 Infiniti Q45 1983 Buick Regal 1992 Chevy Caprice 2000 Daewoo Leganza 1992 Honda Civic Vin # Vin# 2G2FVPXS2236128 Vin #2W87Z7N240765 Vin #1 G3GM47AXFH307811 Vin #1N6SD 11 S INC325889 Vin #2HGEH33 88PH504319 Vin #6D47S9C379803 Vin #JNKBY31 A8XM606237 Vin# 1 G4AM4748DH870176 Vin #1 GBL53EONW 144777 Vin #KLAVB6927YB286296 Vin #1 HGED3551 KA050906 SECTION 2: City staff is hereby authorized to dispose of said surplus property at auction for a price that is in the best interest of the City. PASSED by the City Council of the City of Pasco this day of 2012. Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney TO: City Council FROM: Gary SUBJECT: Non- Repres I. REFERENCE(S): AGENDA REPORT Compensation Plans 1. Non - Management Wage Plan Comparisons 2. Managers Salary Plan Comparison November 19, 2012 Workshop Mtg.: 11/26/12 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 11/26: Discussion III. FISCAL IMPACT: Increase annual personnel cost by $160,000 IV. HISTORY AND FACTS BRIEF: A) Non - Management Wage Plan: overall, the non - management scale is fairly comparable. However, eight positions with strong comparability factors (number of comparators and internal correlation) reflect a gap sufficient to warrant adjustment, as highlighted on the exhibit. After adjustments, all but two positions will reflect a single -digit gap (the other two do not have strong comparability factors). B) Management Salary Plan: ten of the 21 manager positions require adjustment to reduce a gap between Pasco's maximum salary versus the respective position salary in comparable cities. Even after adjustment, all of the Pasco manager positions are somewhat lower than the comparables. Council should note, however, that Pasco managers are eligible for annual merit awards. C) As explained in previous years, the compensation plan for the managers and non. managers requires adjustment annually (Cost of Living Adjustment - COLA) to keep pace with the Consumer Price Index (CPI). That is accomplished by applying the CPI as of October of the current year to the current compensation plan for use next year. For 2012, the October CPI for "small cities /west coast" is 1.6 %. It is recommended that a COLA of 1.5% be applied to both compensation plans, effective January 1, 2013. 4(g) 2012 Comparability Non - Management Wage Plan All changes proposed are to the 2012 scale. Position Grade Pasco Hi Comp hi % diff comps Recommendation Dept. Assist. 1 5 2,447 3,179 -29.91% 4 Admin. Assistant 1 25 3,637 3,768 -3.60% 6 Cemetery Cost Serv. 26 0 Department Asst. 2 27 3782 3,802 -0.53% 5 Deputy Court Clerk 3782 4,092 -8.20% 2 Legal Secretary 1 0 Probation Serv. Clk 0 Accounting Clerk 33 4,261 4,489 - 5.357, 5 Admin Assistant 2 4,261 4,511 -5.87% 8 Engineering Tech l 4,261 4,375 -2.68% 3 IS Technician: CIS 0 Lead Court Clerk 0 Legal Secretary 2 0 _ 0 9atadese£peeialist 38 4302 5,334 - 13:42;6 7 moved to grade 41 Court Services Specialist 4,703 0 Paralegal 4,703 4,750 -1.00% 4 Payfell Specialist 4,703 5,452 X694 7 moved to grade 41 PC speeiaAst 4,783 &1224 - 13.42% 6 moved to grade 41 Planner 1 4,703 4,973 -5.74% 5 Recreation Specialist 4,703 4,627 1.62% 8 RN 0 Engineering Tech 2 40 4,893 5,012 - 2.43% 5 Executive Admin Asst. 4,893 4,942 -1.00% 7 Court Probation Officer 41 0 Lead Recreation Spec. 0 Database Specialist 4,990 5,334 7 from grade 38 Payroll Specialist 4,990 5,253 -5.27% 7 from grade 38 PC Specialist 4,990 5,334 -6.89% 6 from grade 38 Engineering Tech 3 4,990 5,157 3.35% 5 Sta€- AeeearHant 4,980 5;746 - 14,X54 7 moved to grade 45 Block Grant Admin. 43 5,193 5,904 - 13.69% 3 Building Inspector 5,193 5,341 -2.85% 6 Construction Inspector 5,193 5,399 -3.97% 4 Safety/Envir. Reg. Spec. I Staff Accountant 45 5401 5,706 -5.65% 7 from grade 41 Associate Planner 47 5,621 5,434 3.33% 5 &14R 6,480 352&,6 5 moved to grade 51 Plans Examiner 5,321 5,776 -8.55% 6 City Clerk 49 5,848 6,079 -3.95% 6 :".n,.er.. .- &,449 6,9475 - 1&2646 6 moved to grade 53 Associate Engineer 51 6,084 5,541 8.93% 3 HR Analyst /Assistant 6,084 6,480 -6.51% 5 from grade 47 Network Administrator 53 6,330 6,915 - 9.24% 6 from grade 49 tread -.4c t 54 6115; 6$43 -6-75% 4 moved to grade 56 Cam+.- - `='.-fir 6;457 " 7,439 39:87% 5 moved to grade 56 Communication Spec 6,457 5,319 17.62% 3 Instrumentation Tech 0 City Planner 56 6,716 6,976 - 3.874, 6 Civil Engineer 6,716 7,159 -6.60% 5 from grade 54 Lead Accountant 6,716 6,893 - 2.64 "6 4 from grade 54 Sef ee 58 6;939 7461 -6 -75'16 7 moved to grade 61 Senior Civil Engineer 61 7,417 7,461 -0591% 7 from grade 58 Construction Manager 61 7,417 1 All changes proposed are to the 2012 scale. 2012 Comparability Management Salary Plan Position 2012 Comp Ma proposed changes after adjustment # comps out of 8 City Manager F201 13,086 -3.74% 6 Deputy City Manager 101175 10,895 101375 - 5.01% 3 Public Works Director 10,043 91866 91808 -0.59% 8 Police Chief 94431 10,037 94808 - 2.33% 8 A &CS Director 90431 0 Fire Chief 81939 90649 90296 -3.80% 8 C &ED Director 81939 9,104 - 1.85% 6 Police Captain(s) 80083 81979 8,567 -4.81% 7 Finance Manager 8,327 91170 8,743 - 4.88% 8 City Engineer 81327 91011 8,743 -3.07% 6 Municipal Court Judge 80318 0 IS Manager 81083 81480 -4.91% 8 Field Divisions Manager 7,716 80496 81083 -5.11% 3 HR Manager 71716 71996 - 3.63% 8 WW /W Divisions Mgr 71102 7,029 1.03% 8 Inspection Serv. Mgr 61735 71455 7,102 -4.97% 5 Recreation Manager 61735 61552 2.72% 8 Facilities Manager 61368 7,317 6,735 -8.64% 4 Court Administrator 6,368 6528 -2.51% 1 Asst. Field Div. Mgr 51879 60341 6,114 -3.71% 6 Cust. Sery /Billing Mgr 5,618 60488 - 15.49% 3 AGENDA REPORT TO: City Counc FROM: Gary Crutchfield Manager SUBJECT: Federal Legislative Consulting Agreement I. REFERENCE(S): Proposed Agreement November 20, 2012 Workshop Mtg.: 11/26/12 Regular Mtg.: 12/3/12 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 11/26: Discussion 12/3: MOTION: I move to approve the agreement with Gordon Thomas Honeywell Governmental Affairs for federal legislative consultant services and, further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: $60,000 annually IV. HISTORY AND FACTS BRIEF: A) The city has contracted with the consulting firm of Gordon Thomas Honeywell (GTH) for legislative assistance at the state level for several years. In early 2009, the city entered into a separate agreement with the Washington DC division of GTH to provide for legislative consulting services specifically geared to federal funding for the Lewis Street Overpass Project. B) The agreement with the Washington DC office will expire on 12/31/12 and a new agreement is needed to sustain the consulting effort on the city's behalf in Washington DC. V. DISCUSSION: A) The proposed agreement is identical to the prior agreements, except for the dates. The scope of work, as identified in the attachment to the agreement, still focuses on funding for construction of the Lewis Street Overpass project but also includes lowering Pasco Levee 12 -2 as the final link in the Sacajawea Heritage River Trail. B) The expense of the contract remains at $5,000 monthly ($60,000 annually). The assistance of the consultant was beneficial in 2009 through Representative Hastings' effort to obtain a $750,000 allocation for the project in the 2010 federal budget. It is also critical to work with other legislative offices to assure the best opportunity to have Pasco's projects included in new federal funding bills expected sometime within the next 18 months. C) In view of the substantial financial benefit for this particular project, staff recommends the agreement continue for another year. 4(h) CONSULTING AGREEMENT GORDON THOMAS HONEYWELL & CITY OF PASCO This Agreement is entered into by and between City of Pasco and any other party hereto, as is identified in the consultant's signature block below (hereinafter referred to as "Consultant "), upon the following terms and conditions: A. Scope of Work. Consultant will advise and assist the City of Pasco in accordance with Consultant's Scope of Work, described in Attachment "A" hereto and incorporated herein, and Consultant will do and produce such other things as are set forth in the Scope of Work (the "Services "). Consultant's Services will be in compliance with applicable laws, regulations, rules, orders, licenses and permits, now or hereinafter in effect, and Consultant shall furnish such documents as may be required to effect or evidence such compliance. B. Compensation; Expenses. The City of Pasco will pay Consultant for satisfactorily rendered Services in accordance with the specific terms set forth in Attachment "A." C. Invoices; Payment. Consultant will furnish the City of Pasco invoices at regular intervals, as set forth in Attachment "A." D. Term. Consultant shall promptly begin the Services hereunder on the date set forth in Attachment "A" and shall terminate same on the date set forth in Attachment "A." The City or Consultant may terminate Consultant services for convenience at any time prior to the termination date set forth in Attachment "A," provided that the terminating party provides 30 -days written notice to the other party. E. Ownership of Work Product. The product of all work performed under this agreement, including reports, and other related materials shall be the property of the City of Pasco or its nominees, and the City of Pasco or its nominees shall have the sole right to use, sell, license, publish or otherwise disseminate or transfer rights in such work product. G. Independent Contractor. Consultant is an independent contractor and nothing contained herein shall be deemed to make Consultant an employee of the City of Pasco, or to empower Consultant to bind or obligate the City of Pasco in any way. Consultant is solely responsible for paying all of Consultant's own tax obligations, as well as those due for any employee /subcontractor permitted to work for Consultant hereunder. H. Release of Claims; Indemnity. Consultant hereby releases, and shall defend, indemnify and hold harmless the City of Pasco from and against all claims, liabilities, damages and costs arising directly or indirectly out of, or related to, Consultant's fault, negligence, strict liability or produce liability of Consultant, and /or that of any permitted employee or subcontract or Consultant, pertaining to the Services hereunder. I. Assignment. Consultant's rights and obligations hereunder shall not be assigned or transferred without the City of Pasco's prior written consent; subject thereto, this Agreement shall be binding upon and inure to the benefit of the parties' heirs and successors. J. Governing Law; Severability. This Agreement shall be governed by the laws of the State of Washington, U.S.A. (excluding conflict of laws provisions). If any term or provision of this Agreement is determined to be legally invalid or unenforceable by a court with lawful jurisdiction hereover (excluding arbitrators), such term or provision shall not affect the validity or enforceability of any remaining terms or provisions of this Agreement, and the court shall, so far as possible, construe the invalid portion to implement the original intent thereof. K. Arbitration. Any dispute between the parties related to or arising out of the subject matter of this Agreement shall be resolved exclusively through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association in Washington State. L. Entire Agreement; Etc. This Agreement, and its incorporated attachments hereto, state the entire agreement between the parties regarding the subject matter hereof and supersede any prior agreements or understandings pertaining thereto. Any modification to this Agreement must be made in writing and signed by authorized representatives of both parties. Any provision hereof which may be reasonably deemed to survive the expiration or termination of this Agreement shall so survive, and remain in continuing effect. No delay or failure in exercising any right hereunder shall be deemed to constitute a waiver of any right granted hereunder or at law by either party. CONSULTANT: CITY OF PASCO Gordon Thomas Honeywell Governmental Affairs Sign: Print: Tim Schellberg Title: President Date: Sign: Print: Gary Crutchfield Title: City Manager Date: Federal Consulting Agreement Gordon Thomas Honeywell & City of Pasco Page 2 of 3 ATTACHMENT "A" TO CONSULTING AGREEMENT GORDON THOMAS HONEYWELL & CITY OF PASCO A. Scope of Work: Consultant shall provide the City of Pasco with the following federal governmental affairs services: • Identify and track all federal grants and initiatives that are available to the City of Pasco that impact funding for the Lewis Street Overpass Project. • Lobby the Washington State Congressional delegation and other federal officials as necessary to pursue federal grants and initiatives, including various federal infrastructure packages: 1) for a road and/or bridge project related to the Lewis Street Overpass Project; 2) authorization and potential funding for lowering Pasco Levee 12 -2 as the final link in the Sacajawea Heritage River Trail in the Tri- Cities. • Identify, track and lobby for federal grants and initiatives that benefit the City of Pasco. • Work with the City's state legislative consultant to identify, track and lobby for joint state and federal initiatives, grants and programs that could benefit the City. • Work as a liaison between the City of Pasco and federal officials, Members of Congress, congressional staff and Administration representatives to impact issues and projects important to the City. • Organize meetings for City of Pasco officials, local community leaders and business leaders to support the congressional requests and provide the City of Pasco with periodic reports and updates on effort, status and progress. • Periodically meet in- person with City of Pasco officials to discuss issues, projects and the status of the City's federal program. B. Compensation/Expenses: The City of Pasco shall pay Consultant a monthly fee of $5,000 for the services listed above. Consultant shall only bill communication expenses. The expenses shall not exceed $2,500 for the term of the contract. C. Invoices/Payments: (a) Consultant shall furnish the City of Pasco with invoices for services performed on a monthly basis, and (b) the City of Pasco shall pay each of Consultant's invoices within thirty (30) days after the City's receipt and verification of invoice. D. Term of Agreement: Consultant's services shall commence on January 1, 2013 and shall terminate on December 31, 2013. Federal Consulting Agreement Gordon Thomas Honeywell & City of Pasco Page 3 of 3