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HomeMy WebLinkAbout2013.02.11 Council Workshop PacketAGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. February 11, 2013 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3, VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) Downtown Pasco Development Authority Annual Report: 1. Agenda Report from Rick White, Community & Economic Development Director dated February 6, 2013. (b) Pasco Municipal Code Title 3 and Title 13 Updates: 1. Agenda Report from Dunyele Mason, Finance Manager dated February 7, 2013. 2. Proposed Ordinance. (c) Public Records Requests: 1. Agenda Report from Stan Strebel, Deputy City Manager dated February 4, 2013. 2. December 2011 - January 2012 Public Records Requests Log. 3. December 2012 - January 2013 Public Records Requests Log. 4. Recent Complex Records Requests. 5. WAC 44 -14- 04003. 6. Proposed Resolution. (d) Boat Basin Marina Sublease Agreement: 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated February 4, 2013. 2. Proposed Sublease Agreement. (e) Spray Park Locations: 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated February 5, 2013. 2. Memo from Rick Terway dated 1/29/13. (f) Process Water Treatment System Optimization - Project Management: 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated February 6, 2013. 2. Vicinity Map. 3. Professional Services Agreement with Scope of Work. (g) Utility Easement / Harris Property: 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated February 6, 2013. 2. Vicinity Map. 3. Utility Easement. (h) Interagency Agreement for School Resource Officer Services: 1. Agenda Report from Bob Metzger, Chief of Police dated February 6, 2013. 2. Proposed Interagency Agreement. (i) Disposal of Surplus Property: 1. Agenda Report from Debbie Clark, City Clerk dated February 5, 2013. 2. Proposed Resolution. (j) Property Purchase: 1. Agenda Report from Stan Strebel, Deputy City Manager dated February 5, 2013. 2. Vicinity Map. 3. Overview Map. 4. Real Estate Purchase Agreement. Workshop Meeting 2 February 11, 2013 (k) City Council Districts: 1. Agenda Report from Stan Strebel, Deputy City Manager dated February 4, 2013. 2. Map of Current Council Districts. 3. Matrix Population by Precinct/District, Current. 4. Map, 5- District Option A. 5. Map, 5- District Option B. 6. Map, 5- District Option CX. 7. Map, 5- District Option CY. 8. Map, 3- District Option A. 9. Map, 3- District Option B. 10. Map, 3- District Option C. 11. RCW 29A.76.010(4). 12. District Option Summary Table. (1) Agreement for Administrative Services to Pasco PFD: 1. Agenda Report from Gary Crutchfield, City Manager dated February 4, 2013. 2. Proposed Agreement. 5. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 6. EXECUTIVE SESSION: (a) (b) (c) 7. ADJOURNMENT REMINDERS: 1. 12:00 p.m., Monday, February 11, Pasco Red Lion — Pasco Chamber of Commerce Membership Luncheon. ( "Health Insurance Options for your Employees" presented by, Lee Brillhart, CEO of LyfeBank) 2. 7:00 a.m., Thursday, February 14 — BFCG Tri-Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) 3. 7:00 p.m., Thursday, February 14, Transit Facility — Ben - Franklin Transit Board Meeting. (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER MIKE GARRISON, Alt.) 4. 11:30 a.m., Friday, February 15 — Benton - Franklin Council of Governments Board Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.) AGENDA REPORT FOR: City Council TO: Gary Crutchf Manager FROM: Rick White, Q Community & Economic Development Director 4vi SUBJECT: Downtown Pasco Development Authority Annual Report L REFERENCE(S): February 6, 2013 Workshop Mtg.: 2/11/13 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 2/11: DISCUSSION III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. City Council formed a Public Development Authority in December of 2010 to undertake revitalization of the Downtown area, provide management of the Pasco Specialty Kitchen and Farmer's Market and promote utilization of the facade improvement program funded through Community Development Block Grant funds. B. The Downtown Pasco Development Authority (DPDA) was licensed in Washington State as a non - profit corporation in May of 2011 and a full Board was appointed in July of 2011. C. Through the remainder of 2011 and into 2012, the DPDA was involved in the job search for the Executive Director position and in March of 2012, the Director was hired. D. In creating the Downtown Pasco Development Authority (DPDA), City Council acknowledged that the Authority would have operational expenses that exceed revenues and through a funding agreement with the DPDA, has obligated an annual amount of $60,000 for a three year period to supplement their revitalization efforts. E. The funding agreement with the DPDA is in effect from January 2012 through December of 2014. The agreement also calls for submitting quarterly written reports to the City Manager and an annual report to City Council. F. The DPDA Board Chair and Executive Director will provide the Annual Report presentation to Council. 4(a) AGENDA REPORT FOR: City Council TO: Gary Crutch eld Manager Rick Terway, lr r, Admin & Corr11 Services f FROM: Dunyele Mason, Financial Services Manager SUBJECT: Pasco Municipal Code Title 3 and Title 13 Updates I. REFERENCE(S): 1. Proposed Ordinance February 7, 2013 Workshop Mtg.: 2/11/13 Regular Mtg.: 2/19/13 II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 2/11: Discussion 2/19: 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. II. 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: A) 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 six staff recommendations as follows: 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 while leaving regular bill charges less than 20 days old unpaid. 4. No longer require deposits for owner accounts. 5. Add a $15 "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. 6. Authorize the Finance Manager to make payment arrangements and specify the conditions under which full payment would be required in order to restore service. B) 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 discussed at the November 13, 2012 Council Workshop meeting. The following staff recommendations from that meeting were follows: 1. Consolidate customer responsibilities and billing rules into a new chapter in Title 3 of the Pasco Municipal Code. 2. Lower the fee and clarify the application fee and process. 3. Update the authorized fees to include electronic payment fees, to raise existing late penalty to $10 and add new $10 fee for phone collection service along with specifying the condition under which the fees can be waived. 4. Authorize the city to require city issued locks for gates that block access to city water meters. 4(b) V. DISCUSSION: Some additional changes in the proposed ordinance not previously discussed: A) Deposit Calculation. The current deposit requirement is for three months of the base fee for water and sewer service. This deposit is not sufficient to recover the full amount of services rendered from the time service is incurred to the time water is shut -off for lack of payment. The time frame of 3 months is correct, but staff recommends the change to include all applicable base service fees for the property plus a $75 estimate for 3 months of water consumption. This is approximately $217 for a residential customer as compared to the current amount of $112 (if there is a landlord lien) or $172 (if the landlord has an approved "Release of Lien (ROL)" on file). B) Deposit Retention. Currently the city has two sets of rules for tenant deposits depending on whether the landlord has an approved "Release of Lien" (ROL) on file. If there is a ROL then the tenant deposit is held for the life of the account; if there is no ROL then the deposit can be waived or returned based on tenant good customer credit. The effect of this split policy is to put some landlords at risk for tenant bills by the city returning the tenants deposit when the landlord guarantees the account. The proposed ordinance changes the deposit policy such that the current policy for tenants with a ROL would apply to all tenants; i.e. all tenant deposits would be held until the tenant account was closed, the deposit applied automatically to all outstanding charges, and any remaining amount would be refunded to the tenant. This approach places the burden and responsibility for the bill primarily on the tenant and the city is acting to protect landlords by imposing a reasonable level of deposit protection; which also eliminates any impact on new tenants from dealing with issues of prior tenants' unpaid bills. C) Deposit Retention Transition. The change to hold all tenant deposits until the account closes will apply to new tenant accounts with a start date later than February 28, 2013. The authority to require the tenant with poor payment history to re- establish a deposit that has been previously waived will continue for all tenant accounts with a start date prior to February 28, 2013. D) Release of Lien. The city's current municipal code defines the tenant and not the property owner liable for payment of the tenant utility charges. Also, per current municipal code and past practice the granting of a release of lien to the owner of a rental property is automatically available upon request. Furthermore, since the city is currently willing to grant the release automatically, to all requestors, the requirement to request the release has been removed and the benefit is now automatically available by code. This significantly simplifies and thereby reduces the cost of managing tenant accounts. What this change means is that the unpaid portion of a tenant bill when the account is closed will be sent to an outside collection agency for collection and the property owner will not be responsible for payment of the tenant bill in all cases rather than just in the case where property owners who were aware of their rights requested the benefit. E) Utility Deposit Comparison. The following compares how other utilities in the area handle deposits: UTILITY DEPOSIT POLICY COMPARISON CITIES PUBLIC UTILITY DISTRICT5 Utility Deposit Comparisons: Pasco Kennewick Richland Franklin Benton Deposit calculation method 3 month No deposits Flat $150 2 highest 2 x's highest Current: water /sewer bills in the bills in the base fees last 12 months last 12 months $112 $350 max $100 min Proposed: 3 month all base fees +$75 if water $217 Deposit required if not good credit Yes N/A Yes Yes Yes Return deposit for good credit? Current: If Lien - Yes Yes Yes Yes No Lien - No Proposed (low risk) No (lien and no lien same) OR Proposed (higher risk) Yesfor (lien and no lien same) Action taken if good credit turns bad None N/A None now Every time Every time may start shut -off shut -off re- requiring collect $200 Deposit recalc to in the future more deposit 2x's highest i.e. off times in bills in the oneyearthen last 12 months deposit builds to $600 Pay current as well as delinquent to reconnect? Not By Code yes; No No No unless defined By Practice not Just collect Just collect Just collect poorpay unless unusual past due past due past due criteria circumstances ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, unifying and revising the City procedures for utility billing with amendments to Title 3 "Revenue and Finance" and Title 13 "Water and Sewer" WHEREAS, the City operates several utility services including water, sewer, stormwater, irrigation and ambulance service utilities which have heretofore had separate procedures for application, billing and collections; and WHEREAS, changes in the City's financial systems and procedures and definitions under the Generally Accepted Accounting Principles (GAAP) warrant changes in the City's Code to update its Code and provide for consistency in the utility billing system; and WHEREAS, unifying utility billing systems will provide a more efficient means of administering the City's utilities and provide a more convenient and equitable system for the City's utility customers; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the following Sections of the Pasco Municipal Code shall be and hereby are repealed in their entirety: A) Section 13.04.080 entitled "Liability for Water and Sewer Charges." B) Section 13.16.030 entitled "Billing." C) Section 13.16.035 entitled "Utility Deposits." D) Section 13.16.040 entitled "Failure to Receive Mail Change in Address or Ownership." E) Section 13.16.050 entitled "Delinquent Bills." F) Sectionl3.16.060 entitled "Back Bills Payment Required." G) Section 13.16.070 entitled "Acceptance of Contract." H) Section 13.16.090 entitled "Miscellaneous Charges." I) Section 13.16. 100 entitled "Change of Occupancy and Fractional Months." J) Section 13.16.120 entitled "Unauthorized Turn On." L K) Section 13.20.040 entitled "Other Minimum Monthly Rates." L) Section 13.24.020 entitled "Accounting of Readings." M) Section 13.40.050 entitled "Other Minimum Monthly Rates." N) Section 13.48.010 entitled "Lien for Water Sewer Charges." O) Section 13.60.080 entitled "Stormwater Management Fund." P) Section 13.60.085 entitled "Sewer Utility Funding Source." Q) Section 13.60.090 entitled "Billing." R) Section 13.60.100 entitled "Remedies.," S) Section 13.61.090 entitled "Unauthorized Turn On." T) Section 13.61.200 entitled "Irrigation Water Fund." U) Section 13.61.210 entitled "Billing." V) Section 13.61.220 entitled "Remedies." W) Section 13.60.120 entitled "Liens." X) Section 13.61.090 entitled "Unauthorized Turn On." Y) Section 13.61.250 entitled "Liens." Section 2. That Section 3.05.026 entitled "Collection of Monthly Utility Service Fee" of the Pasco Municipal Code, regarding the "Ambulance Service Fund" 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 3.200 from each oar presidential dwelling unit (for the "family residential" classification and for the "multi- family residential" classification to the extent that each unit is separately billed for utilities) and from the of each commercial /business or industrial facility (for classifications other than "family residential" and separately billed "multi- family residential" units). The Gity Manager, « his designee ..hall be responsible for the i__ __ n._ and _ll utility serviee fee. Paytaent of the etifivy seniee fee shall be dee and awing thirty (30) days after the billing date and shall be delinquefft if not paid by the due da4e. b E Section 3. That Section 3.05.027 entitled 'Responsibility for Utility Service Fee" of the Pasco Municipal Code regarding the "Ambulance Service Fund" shall be and hereby is amended to read as follows: 3.05.027 RESPONSIBILITY FOR UTILITY SERVICE FEE. The customer for ambulance utility service shall be personally liable for all utility charges applicable to the property for which service is rendered from the time the service begins until the service to that customer is terminated or the account is closed. The owner of each commercial /business and industrial facility shall be jointly and severally responsible and liable for the utility service fee. Notice Rf the utility sentiee fee shall be sent to the applieeat for sewer and- ier- wa4ef setwiees-4 the senriee ' City regiiesting that the r.o..y .. be billed. in all ether eases, t i pr-epeAy awnef "I b billed. 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 applied in the priority provided in section 3.200.030 (B). Section 4. That Section 3.07.150 entitled "Fee Summary - Utilities - Billing" of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 3 3.07.150 UTILITIES — BILLING: Fee /Charge Reference A) Aeceunt c PApplication Fee $25.00 1 Service to new connection $15.00 13.16.010 2) Service to existing connection $15.00 3.200.140 (A) B) Utility Deposit Water Consumption Factor $75.00 3.200.040 CR) Reeen. /delinquent serviee before 4:39 $50.00 13.16.0903.200.14 p ..Disconnect Collection Process Fee O(C) 1) Field Service 11 Field Service Fee $15.00 3.200.140(D) 2) After Hours Fee $75.00 3.200.140(E) 3) After Hours Fee /Collection $25.00 3.200.140(F) ED) Unauthorized twin on (an), repairs eest $50.00 3.200.140z--14642 additienal}Reconnect Penaltv 0 FE) Late Ppay penalty $10-5.00 13.16.030 & 13.16.09 03.200 .140 G) Phone Collection Process Fee $10.00 3.200.140(B) H) Debit Card Convenience Fee (Counter) $0_50 3.200.140(G) 3 1) Debit /Credit Card Convenience Fee (Web) J) Phone Operator Assist Payment Fee K) Phone No Assist Payment Fee FL) Meter test (accuracy test of meter) GM) Fire Line — per month 14N) Meter repair 19) Sewer tap and inspection (In/ Out City) 3P) Water tap application fee (each) 10 $3.00 $2.00 i..l 11 $100.00 plus time /material $75.00 $150.00 3.200.140(G) 3.200.140(H) 3.200.140(I) 13.24.030 13.28.060 13.24.100 13.52.140 Section 5. That a new Chapter 3.200 entitled "Utility Billing Management' of the Pasco Municipal Code, shall be and hereby is created and shall read as follows: Chapter 3.200 UTILITY BILLING MANAGMENT Sections: 3.200.010 "Application" means an application for utility services at a designated service Definitions. 3.200.020 or electronic request and verified by the applicant as accurate. Application for Utility Service - Existing Connection. 3.200.030 Acceptance of Contract. 3.200.040 Deposits 3.200.050 Accounting of Readings. 3.200.060 Billing Frequency. 3.200.070 Change of Occupancy and Fractional Months. 3.200.080 Delinquency. 3.200.090 Failure to Receive Mail - Change in Address or Ownership. 3.200.100 Back Bills - Payment Required. 3.200.110 Unauthorized Reconnection. 3.200.120 Lien for Utility Charges. 3.200.130 Liability for Utility Charges/Release of Lien. 3.200.140 Miscellaneous Utility Charges. 3.200.150 Senior Discount. 3.200.160 Hearing and Appeal. 3.200.010 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. A) "Application" means an application for utility services at a designated service location by written, telephonic, or electronic request and verified by the applicant as accurate. Ell The application is a request for service and does not, in itself, bind the City to provide utility service. The City's acceptance of the application by providing access to the utility shall constitute a contract between the applicant and the City incorporating the terms and responsibilities of this Title. B) "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. C) "Customer" means any person or entity to whom utility services are provided by the City, including the owner, occupants, spouses, domestic partners, and other non - dependent residing in the residential properties receiving benefit from the utility and, all owners and occupants of commercial and industrial properties receiving a benefit from the utility. D) "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. E) "Field service nonbusiness hours" means any other days and time outside of field service business hours. F) "Manager" means the Finance Manager, and his or her designee. G) "Office business hours" means Monday through Friday from 8:00 a.m. to 5:00 p.m. excluding holidays where city offices are closed. H) "Office nonbusiness hours" means any days and hours not included in office business hours. I) "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 warrants that he or she has the authority under the terms of the contract to commit for utility services to with the property in such manner. J) "Owner account" means a utility account for a service location for which the owner is responsible for payment. K) "Paid" means payment that has been received, processed and posted to the customer's utility account. L) "Service — existing connection" means any request for service provided through an existing water system, irrigation system, stormwater system or existing sewer system service connection. 5 M) "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. N) "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. O) "Tenant account" means a utility billing account for which the tenant is responsible for payment. P) "Utility billing office" means the office inside City Hall, which is located at 525 N 3`a Ave Pasco, WA where the cashiering and billing takes place. It specifically excludes the drop box located at City Hall or any other location. Q) "Utility charges" means any and all charges, fees, penalties and interest processed through the city utility billing system. 3.200.020 APPLICATION FOR UTILITY SERVICE - EXISTING CONNECTION. Utility services shall only be provided upon an application for utility services for an existing utility connection or for obligations for new utility connections through the City utility billing office. 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; 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; 0 E) Provide proof of identification. F) Provide a local phone number for collection notifications. 3.200.030 ACCEPTANCE OF CONTRACT. A) If utility service is provided as a result of an application being accepted, the application 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. B) Payments received to the City for utility services shall be applied against outstanding utility charges in the following order: 1) Late fees. 2) Unpaid utility accounts commencing with application of the oldest balances due to the newest and most current charges. 3) Payments shall be applied to accounts sharing the same due date in the following order: a) Ambulance utility service fee. b) Stonnwater utility fee. C) Irrigation d) Water 3) Sewer section. 3.200.040 DEPOSITS. Owner accounts are exempt from the deposit requirements of this A) Deposits Required on Initial Service. At the time of application for utility service the manager, 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 three times the base fees for all service applicable to an occupied unit at the service location (excluding City irrigation system service) the total to which an additional water consumption factor amount as specified in PMC 3.07.150 B) will be added if the location is served by the City domestic water system. Applicable surcharges to outside City service rates shall also apply to the deposit calculation. A customer rA shall make a deposit or satisfy the credit policy described in subsection B of this section before utility services will be provided. B) Upon Deposit Waiver. Accounts opened prior to February 28, 2013 and for which the location, be transferred to a new utility customer deposit was waived shall continue to be waived until the account is closed or until such time as required by subsection C) to be paid. 1) The account has been assessed a Disconnect Process Collection Fee. C) Deposits on Continued Service. Any utility customer that has a tenant account that was opened prior to February 28, 2013 shall pay a deposit at the then current rate if the customer has: (1) Within a 12 -month period, had two or more defaulted or delinquent payments; or (2) The customer, having filed bankruptcy, request continuing utility services by making the deposit as adequate assurance of payment for utility services, or in such other deposit amount as may the Bankruptcy Court may order. (3) The account has been assessed a Disconnect Process Collection Fee. D) Interest on Deposits. Deposits collected under this section shall not bear interest. 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 3.200.050 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 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. 3.200.060 BILLING FREQUENCY. The City Manager shall establish utility billing on a basis whereby each customer will receive a billing approximately once a month. 3.200.070 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. 9 3.200.080 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 local 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 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 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 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. 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 fall unless: 1) The property has been released from responsibility for utility charges pursuant to Section 3.200.130, 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 utility charges owing on the property or some other property served by the city utilities; or 2) The manager and the customer establish a written and signed payment arrangement pursuant to the payment arrangement policy referred to in 3.200.080(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. 01 3.200.090 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. 3.200.100 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 deceptive, unlawful, or misleading means or device whatsoever to avoid or minimize the payment for services or other charges owed. 3. 200.110 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, direct, permit, 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 customer is responsible for all breaches of the above - referenced contract in violation of this section. 3.200.120 LIEN FOR UTILITY CHARGES /RELEASE OF LIEN. 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 35.21290, 35.21.3003 35.67.200 through 35.67.290 or as hereafter amended or supplemented. The City shall have the authority to terminate domestic and nondomestic water service to said property or customer. Termination of such water service shall not limit other remedies available to the City under state law. The property shall be released from lien in the case of a closed tenant account with unpaid charges. 3.200.130 LIABILITY FOR UTILITY CHARGES. The customer for utility service shall be personally liable for all utility charges applicable to the property for which service is rendered from the time the service begins until the service to that customer is terminated or the account is closed. When a tenant account is closed and there is no new customer tenant account to start the same day, an owner account will be created the same day, applicable services will be billed to the owner account and the owner shall be the customer. 3.200.140 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. This fee shall be waived in the case where: 1) A new account (owner) is created at the same time a tenant account is closed; and 2) The closing account and the new account (owner) both remain in full service; and 3) The existing (owner) customer information already exists and does not require updating. 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 manager is hereby authorized to waive this fee once in a rolling twelve calendar month period if the customer acknowledges understanding of and future compliance with the utility payment and collection policies. If the charges remain unpaid at eleven days past the past due bill date then the account 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 manager is hereby authorized to waive this fee once per account in a rolling twelve calendar month period if the customer acknowledges understanding of and future compliance with 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 3.200.080 (B) there shall be a charge known as the "Disconnect Collection Fee ", as set forth in Chapter 3.07 of this code. The Disconnect 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 manager is hereby authorized to waive this fee once during the duration of the account, 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 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 as well as in the case where there is a request for emergency service to shut -off water due to a broken pipe or valve. kill 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 which takes into account the cost of service covered by the fee authorized in subsection C) above. 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 Disconnect Collection Charge required in 3.200.140 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. I) Interest on the unpaid balance shall be eight percent (8 %) per annum or such higher rate as authorized by state law. Additionally, there shall be a penalty known as the "Turnover Penalty" a one -time penalty of five percent (5 %) of the unpaid, account balance outstanding at 41 days from account close date shall be assessed. 3.200.150 SENIOR DISCOUNT. A) 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 manager 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 States Federal Poverty Level. Such poverty level shall be determined by the "Very Low Income Limits" and updated annually by the manager; 3) The person must be the customer for the water service and must be directly responsible for the payment of the water bill; 12 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. B) The manager 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." 3.200.160 HEARING AND APPEAL. Any person aggrieved by the assessment of any utility charge, fee, or penalty, including termination of utility services, may, within ten (10) days of receipt of the City's billing to which they are objecting, or not later than five (5) days prior to the date of termination of services, in writing, upon a form provided by the City, request an informal administrative hearing before the manager. Utility services shall not be termination while this hearing is pending. The manager hearing this dispute, shall be authorized to correct any errors to the utility customer's billing. The appeal hearing shall be scheduled by the manager at City Hall and conducted during regular business hours within seven (7) business days of receipt of the appeal. A written decision shall be delivered to the customer at the address designated on the appeal within ten (10) days of the hearing. 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: Chanter 3.147 WATER/SEWER FUND Sections: 3.147.010 Created/Use, 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. That Section 13.12.010 entitled "Water /Sewer Utility Created - Responsibilities" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 13 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 carry 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 Section 8. That Section 13.16.010 entitled "Connection to Water System or Initiation of Customer Application" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 13.16.010 CONNECTION TO WATER SYSTEM OR INITIATION Or CUSTOMER SERVIC - 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 o- °mss to have water sen4ee shall make applieation at the office designated by the City Manager on the forms provided. in the event the r ded ift Chapter 13.3 6 as herea #°- a a d 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; 14 (3) Give the names of their spouse and all non - dependents residing on or using the property; (4) Provide proof of identification (5) Provide a local phone number for collection notifications. (6) Agree to conform to all ordinances, rules and regulations now in existence and as hereafter amended or supplemented governing the water -sewer utility; (7) 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. Section 9. That Section 13.16.160 entitled "Access to Premises" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 6 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 Rate 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 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 anv premises shall villa }e. any nrncricinn . fth;c ,,,to 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. Section 10. That Section 13.24.090 entitled "No Rent Charged by Customer" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 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. 15 Section 11. That Section 13.60.020 entitled " Stormwater Management Utility Created - Responsibilities" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 13.60.020 STORM WATER 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 " -as a component of the This i,,;,:...:. r ' 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. Section 12. That Section 13.61.020 entitled "Irrigation Water Utility Created - Responsibilities" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 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:" as a component of the Tw ' r 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. Section 13. That Section 13.61.070 entitled "Connection to Irrigation Water or Initiation of Customer Service- Application" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 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 3.200.020 and 13.16.010 of this Code. Section 14. 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 19th3fd day of n°e= ,i February, 2013. 16 Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk 17 APPROVED AS TO FORM: Leland B. Kerr, City Attorney AGENDA REPORT FOR:. City Council TO: Gary Crutchf. Manager Workshop Mtg.: 2/11/13 Regular Mtg.: 2/19/13 FROM: Stan Strebel, Diputy City Manager SUBJECT: Public Records Requests I. REFERENCE(S): 1. December 2011 / January 2012 Public Records Requests Log 2. December 2012 / January 2013 Public Records Requests Log 3. Recent Complex Records Requests 4. WAC 44 -14 -04003 February 4, 2013 Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 2/11: Discussion 2/19: MOTION: I move to approve Resolution No. amending Resolution No. 3446 regarding Public Records Requests. III. FISCAL IMPACT: Absent some method to reasonably manage large or complex public records requests within existing staff resources, the City will be required to dedicate additional personnel to handling public records requests and/or significantly impact the volume /pace of work in certain functions. IV. HISTORY AND FACTS BRIEF: A) In recent years, the City has seen a rapid growth in the number and complexity of public records requests. In addition to having to defend its response to numerous requests in 2011 by litigation, the City has seen the number of requests and the complexity of requests increase dramatically. For example, in the months of December 2011 and January 2012, the City received a total of 17 requests with none of the requests needing more time (beyond five days) for response. During December 2012 and January 2013, requests have tallied 60 in number with 23 of them requiring extended time to complete (see Reference Nos. 1 and 2). B) The City Clerk is the City's Public Records Officer and had typically spent three to four hours per week (10% of time) coordinating the City's response to and fulfilling records requests. For the past year or so, the Clerk has been spending 90 -95% of her time, or 36 plus hours per week, on records requests. Additionally, other city departments (from Information Services to Human Resources, plus operating departments) have been called upon to devote significant staff resources to the increasing workload associated with records requests. C) Not only has the number of requests increased dramatically, but the complexity of requests has also increased with citizens asking for records (or in some cases, information) requiring significant research, and for all types of records including electronic, video and metadata. See reference No. 3 for samples of some of the complex requests recently received. 4(c) D) The number and complexity of records requests have the potential to consume significant staff resources and, because there is no protection of the City's resources from the "serial" or abusive records requester, cost the taxpayer in terms of service delivery or higher expenses due to staffing increases. In a time of restricted local government revenue, the cost implications of a system that has virtually no checks and balances are clearly some of the unintended consequences of the state's approach to public records. E) While some may suggest that believe that is not entirely the received, together with the expe state (i.e., Mesa, Prosser, Gold framework that will enable it to while maintaining a reasonable and budget. the condition is temporary, staff is inclined to case. The diversity of requests that are being riences of other local governments throughout the Bar) suggests that the City must put in place a respond to the demands of the public and the law deployment and allocation of its staff resources F) Because the matter of records production can be very complex in type, subject, location and efficiency and because the law is still so much open to interpretation, the City cannot simply hire additional "clerks" on a temporary basis to respond to increases in workload. The nature of the work requires scheduling, coordinating and decision making, coupled with considerable training, in order to avoid legal pitfalls and wasted effort. As the City Clerk's office is the central place of contact and coordination it becomes the critical "choke- point" in the City's handling of all requests. G) Relying on its experience and guidance from the State Attorney General (WAC44 -14- 04003), staff has developed an approach that will help preserve the City's ability to process relatively simple requests quickly and efficiently and without the need to be held up when staff resources are required for large, complex requests. The proposed process will allow staff to use several criteria to determine if a request is simple and routine or large and complex. (See pages 4 and 5 of the attached Resolution.) Large and complex requests will be processed in the order that they are received and staff proposes, initially, to allocate approximately 50% of available time to responding to such requests. Simple requests will also be processed in the order received with an initial allocation of one half of estimated staff resources. The system may be likened to that implemented in grocery stores with "express lanes" for those with a limited number of items and regular lanes for those with fuller baskets. As this is a concept with which the public is thoroughly familiar, staff feels there will be understanding and acceptance by most. (Note: the proposed amendment to the City's Resolution on Public Records Requests provides the option for a records requester to simplify their request, thus providing the option to move their request to the "express" lane.) H) Until and unless the state legislature is willing to consider the budgetary demands on local governments, which are being brought about in the absence of any reasonable limits in the public records law, the City must manage its resources to provide the best service to the most citizens. Absent this approach, the City will have no alternative but to increase trained staffing to respond to requests which, seemingly, have no limits. V, DISCUSSION: A) Staff urges approval of the Resolution. 0 +. v v E Q +. ti ti ti ti ti ti N N 0/ L ti. 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Q s Q '^ O O Z O Z Z w a O w z x J Z 0= Y Y m 2 3 0 Q Q Z Z m m W Z N 0 Q Q 0 W z= a `c V) Y Q LL V=j V=j U U Q a 0 W W m m m m m m m m m 0 0 0 0 0 0 0 0 0 v\i v\i v\i 0\0 0000 000 m o 0 � � N ti ti ti ti ti ti �D N 00 Ol O N N m N N N N N N 00 0 00 0 00 00 co 00 00 00 00 00 - m t NI N M c 07 G ur 0 Sae City of Pasco f1F- t^Gk'C 525N3id Ave POBOX293 Pasco WA 99301 Ph: 509- 545 -3402 Feu: 509- 543 -5727 wxa.pssmwe.gov Request for Public Records I am requesting the records described be low. (Please provide any additional information that will help us locate them for you as quickly as possible. Use correct address, date, document title, etc.) See Ancached. Pasoo Police Records Request (if applicable): Name of person involved: DOB Incident type: Incident Dace I Time: Pasco PD Case No Incident location: ❑ I will inspect the documents at City Hall (no fce). ❑ I request the documents be copied for we (see page2 for foes). M I request the documents be sent to me electronically at the email address written below (no fee). Within five business days of receiving the request, the City will respond by: • Providing the record, or, • Acknowledge the receipt of the request and provide a reasonable estimate of time to respond or, • Denying the request. Washington State law, RCW 4256.070(9), prohibits the use of public record lists of individuals for commercial purposes. The undersigned acknowledges that if hdshe uses, or allows others to use, such records for commercial purposes, they may violate the rights of the individuals listed and may be liable for damages. "Commercial purposes" mews that the person requesting the record intends that the list will be used to communicate with the individuals named in the record for the purpose of facilitating profit - expecting activity. I certify that any lists of individuals obtained through this request for public records will not be used for commercial purposes. In the event of dispute, such dispute shall be resolved by arbitration unless litigation is elected by checking this box: M Fax Email u —�. Sze Any and all documents related to expenses, costs and fees associated with annexations from September 1, 2009 to present for each of the following categories: I . October 2011 City of Pasco Annexation Questions and Answers publication sett out by Mayor Watkins, including preparation, publication, production and mailing, 2. Litigation under Franklin County Superior Court cause 11- 2- 50910 -1; 3. Litigation under Franklin County Superior Court cause 12- 2- 50849 -9; 4. Litigation under Franklin County Superior Court cause 12 -2- 50949 -5; 5. Any and all other annexation related litigation; 6. Attorney fees for items not related to litigation enumerated herein; T Consultant fees; 8. Monday morning broadcasts on KONA 610 AM; 9. Annexation "Facts" Committee; 10. Any and all publications, including preparation, publication, production and mailing; 11. Any and all utility bill publications, including preparation, publication, production and mailing; 12. Any and all Pulse Articles, including preparation, publication, production and mailing; 13. Press releases; 14. Videography; 15. City staff letters to the editor for the Tri -City Herald; 16. Updates to the City's website; 17. Meeting and agendas; 18. Meetings with Fire Protection District No. 3; 19. Staff time; 20. Any and all categories not enumerated above. Electronic format. Thank you. City of P� P�SGO' v • r P� WA 99301 Ph- 509-545-3402 Fvc 509-543-5727 Request for Public Records I am requesting the records described below. (Please provide any additional information that will help us locate them for you as quickly as possible. Use correct address, date, document title, etc.) For the recent census of Riverview Area •2, any and all documents, including but not l i mi reel rrn. A' ' 1 _$,.e &ja d 11 jnn f , 1 l time records, census takers, addresses visited, individuals talked to, notices posted, responses received, reports generated, etc. Electronic format. Pasco Police Records Request (if applicable): Name of person involved: Incident type: Incident Date / Time: Incident location: el LJ I will inspect the documents at City Hall (no fee). ❑ I request the documents be copied for me (see page2 for fees). ❑x I request the documents be sent to me electronically at the email address written below (no fee). Within five business days of receiving the request, the City will respond by: •. Providing the record, or, • Acknowledge the receipt of the inquest and provide a reasonable estimate of time to respond or, • Denying the request. Washington State law, RCW 42.56.070(9), prohibits the use of public commercial purposes. The undersigned acknowledges that if he/she use records for commercial purposes, they may violate the rights of the indn for damages. "Commercial purposes,' means that the person requesting will be used to communicate with the individuals named in the record profit - expecting activity. record fists of individuals for 4 or allows others to use, such iduals listed and may be liable the record intends that the list for the purpose of facilitating I certify that any lists of individuals obtained through this request for public records will not be used for commercial purposes. In the event of dispute, such dispute shall be resolved by arbitration unless litigation is elected by checking this box: Signature Dam 'i ll Print�N}ame S�i� o ro iY vl o X Address &d'4.5 Zzl /o Cit: S L v St jf —Zip Phone U Fax Email _! 4-/i iv�P�cdi•�lr�L��eS •1/J�,� � e 8/y city of Pasty 525 N 3id Ave PO Box 293 Pasco WA 99301 Ph: 509 - 545-3402 Fax: 509. 543.5727 vmw.pasco- wa.gov Request for Public Records 1 am requesting the records described below. (Please provide any additional information that will help us locale them for you as quickly as possible. Use correct address, date, document title, etc.) See Attached. Pasco Police Records Request (if applicable): Name of person involved: DOB Incident type: Incident Date I Time: Incident location: Pasco PD Case L l I will inspect the documents at City Hall (no fee). ❑ I request the documents be copied for me (sec page2 for fees), 1 request the documents be sent to me electronically at the email address written below (no Poe). Within five business days of receiving the request, the City will respond by: • Providing the record, or, • Acknowledge the receipt of the request and provide a reasonable estimate of time to respond or, • Denying the request. Washington State law, RCW 42.56.070(9), prohibits the use of public record lists of individuals for commercial purposes. The undersigned acknowledges that if he/she toes, or allows others to use, such records for commercial purposes, they may violate the rights of the individuals listed and may be liable for damages. "Commercial purposes" means that the person requesting the record intends that the list will be used to communicate with the individuals named in the record for the purpose of facilitating profit - expecting activity. I certify that any lists of individuals obtained through this request for public records will not be used for commercial purposes. In the event of dispute, such dispute shall be resolved by arbitration unless litigation is eloctod by checking this box: Q Signature Print Name Mark Mansell Address Pasco Date 1123/13 St WA Zip 99301 Phone 509 -547 -6173 Email marka,saracon.net M Any and all documents (including but not limited to invoices; requisitions; work orders; approval documents; inspection documents; expense statements; total payments made by the City; payments made by the City for each address; payments made by residents or others for each address; liens against properties related to subject public improvements; completion records; LID documents; certificates of acceptance; emails; letters; easements; dedications; location of improvements; etc.) for any and all public improvements, repairs, modifications, vacations and maintenance equal to or exceeding $1.00 in value made within two thousand five hundred (2,500) feet of the outer perimeter of each of following property addresses: 1. 8616 Massey Drive, Pasco, Washington 99301; 2. 8914 Whipple Avenue, Pasco, Washington 99301; 31 2904 Road 68, Pasco, Washington 99301; 4. 3114 W. Wilcox Drive, Pasco, Washington 99301; 5. 909 N. 26d' Avenue, Pasco, Washington 99301; 6. 1020 N. Oregon Avenue, Pasco, Washington 99301; 7, 5008 Desert Plateau Drive, Pasco, Washington 99301; 8. 9715 Nottingham Drive, Pasco, Washington 99301; 9, 9004 Whipple Avenue, Pasco, Washington 99301; 10.6203 Maryhill Lane, Pasco, Washington 99301; 11. 2903 N Commercial Avenue, Pasco, Washington 99301. 11/21/2012 11:36 5097035319 MAHONEY LAW OFFICE TIMOTHY W. MAHONEY, P. S AUORNE ATUW 2690 WEST ENTIAT AVENUE KENNEWICK, WA 99308 IN' TELEPHONE (509) 783 -7437 T FAX (509) 783-5319 21, 2012 Debbie Clark City Clerk 525 North 3ta Avenue PO Box 29$ Pasco, WA 99301 RE: 681 through 726 Public Record Request City of Kennewick v. Rigoberto Hernandez PAGE 02/19 ~.Jli Pursuant to Chapter 42,56 of the Revised Code of Washington, I am hereby requesting that you provide me with a copy of the following documents or materials: Please provide records of funds received by Tri -City Animal Control (TCAC), Animal Control Authority (ACA) and A2Z Animal Sheltering Service from Washington State University Veterinary School of Medicine (WSU -VM) since January lot 2007 through 2012. Please provide the outreach programs (including those that.give support, education and assistance to pet - owners) offered by annual canvassers representing TCAC and A2Z Animal Sheltering Service in the cities of Pasco, Kennewick and Richland regarding pet training classes, adoption programs, low -cost spay - neuter services and volunteer partnering programs for foster - care as well as volunteers to partner for pet - socialization. Please provide the promotions for programs set for adoptions on Black Friday (November 23, 2012) See attached Blog from YesBiscuit! (11 120/ 12) Please provide similar programs as those outlined in the attached Blog from Nathan J. Winograd - The Keys to the Kingdom (11/25/12) Please provide records of funds received by TCAC, ACA and A2Z Animal Sheltering from Paul G. Allen for Global Animal Health since January lot 2007 through 2012. Please provide the number of animals sent to WSU -VM by TCAC since April 16, 2003 through January 1st 2007. 11/21/2512 11:35 5097835319 MAHONEY LAW OFFICE PAGE e3/19 Please provide the number of animals sent to WSU -VM by TCAC and A2Z Animal Sheltering Service from January 1st 2007 through 2012. Please provide the number of animals returned alive from WSU -VM to TCAC Since April 16, 2003 through January lvi 2007. Please provide the number of animals returned alive from WSU -VM to TCAC and A2Z Animal Sheltering Service from January 1st 2007 through 2012. Please provide all correspondence including emails between WSU -VM and TCAC and A2Z Animal Sheltering Service pertaining to animals sent to WSU - VM according to the contract between TCAC and A2Z Animal Sheltering Service signed on April 16, 2003 through 2012. Please provide all correspondence including email between WSU -VM and all members listed below on the Operating Jurisdiction Agreement for the Animal Control Authority (ACA) from January Is', 2007 through 2012. Members are listed but as new names may be included since January lut, 2007 - Please include new members as well. (i.e., the Mayor of Pasco is now Mayor Watkins) ACA Members: City of Kennewick Robert R. Hammond, City Manager Valerie J. Loftier, City Clerk John S. Ziobro, City Attorney City of Pasco Gary Crutchfield, City Manager Joyce Olson, Mayor Debra 1. Clark, City Clerk Leland B. Kerr, Attorney Sylvia Glover, Assistant Attorney General City of Richland John C, Darrington, City Manager Cynthia Johnson, City Clerk Thomas O. Lampson, City Attorney Please provide all correspondence and emails from Charlie Powell, WSU -VM staff and Warwick Bailey, WSU -VM Veterinarian (and his replacement) to 11/21/2012 11:36 5097335319 MAHONEY LAW OFFICE PAGE 04/19 TCAC, ACA and A2Z Animal Sheltering Service from April 16, 2003 through 2012. Please provide all correspondence and emails from any representative from the Paul G. Allen for Global Animal Health to TCAC, ACA and A2Z Animal Sheltering Service from January 1st 2007 through 2012. Please provide the number of animals that have been sent to the Paul G. Allen for Global Animal Health from TCAC and A2Z Animal Sheltering Service from January lit 2007 through 2012. Please provide the yearly budget of the ACA from January 151 2007 through 2012. Please provide a record of a separate fund for the receipt of fund from the ACA cities and for the payment of expenses for the ACA from January 1st 2007 through 2012. Please provide the definition of administrative oversight to the ACA's contractor for animal control and sheltering services from January lit 2007 through 2012. Please provide records on ACA owned equipment and inventory, including vehicle maintenance and replacement accounting from January list 2007 through 2012. Please provide records from ACA scheduled meetings including agenda and minutes from January lit 2007 through 2012. Please provide all correspondence and emails from ACA members to the TCAC and A2Z Animal Sheltering Service from January lot 2007 through 2012. Please provide all correspondence and emails from TCAC and A2Z Animal sheltering Service to the ACA from January lit 2007 through 2012. Please provide a certifted copy of the Annual Report filed by A2Z Animal Sheltering Service from January 15t 2007 through 2012. Please provide the number of research laboratories, teaching facilities and businesses (i.e., domestic and foreign - Nihon University and any others) that receive harvested animal parts from WSU -VM via the animals culled from TCAC and A2Z Animal Sheltering Service since April 16, 2003 through 2012. Please provide an accounting of the funds received by ACA, TCAC and A2Z Animal Sheltering Service from research laboratories, teaching facilities and businesses (foreign and domestic) for the animals and harvested animal parts 11/21/2012 11:36 5097535319 MAHONEY LAW OFFICE PAGE 05/19 supplied by ACA, TCAC and A2Z Animal Sheltering Service since April 16, 2003 through 2012. Please contact for any clarification - Thank you. Sincerely, Mary Mall Enc. 11/21/2012 11:36 5097535319 MAHONEY LAW OFFICE CITY CLERK (509) 545 -3402 / Fax (509) 543 -5727 525 North 3rd Ayeoue Po Box 293 Pasco WA 99301 www.pSco,gm Fax 509-783-5319 November 6, 2012 Mary Mahoney, Attorney at law 2630 West Entlat Avenue Kennewick WA 99336 Re: 681 through 726 Public Record Requests Dear Mary, PAGE 66/19 At this time we would like to renew our invitation to you to view the records you had requested. Please advise when you would like to schedule a time to view the records and 1 will gladly reserve a conference room and have staff available to assist. Also please advise if there are still any documents outstanding on requests b681 through #726, as always we welcome any clarifications concerning these public record requests. However, if you are satisfied with the documents that you have previously been provided and no longer wish to view the documents that are available please advise. If I have not received a response from you within 30 -days from the date of this letter providing new search criteria, clarifying your requestis), or scheduling a time to view the records, then your requests will be closed. I look forward to receiving a response from you, If I can be of further assistance at this time, do not hesitate to contact the undersigned. Sincerely, Debbie Clark, City Clerk Administrative and community Services $09 -544 -3096 clarkd @pasco- wa -gov 11/21/2012 11:36 5097835319 MAHOMEY LAW OFFICE PAGE 07/19 The Keys to the Kingdom: Nathan J Winograd • Home • About ° Bio ° lt4edia Center Where to Purchase Book Praise ° BOUk Awards ° All American Vegan ° Friendly Fire No Kill Advocacy Center ° Contact • Bookstore • BIoL • Atloearallces ° Public Speakin Radio & Television • o '1 • Virtual Shelter Tour • No lull Advocacy Center ° No Kiil Declaration ° No Kill Conference ° Rescue Five-0 - Jennifer search our site... Browse > HPIne / BlQg Posts / The Keys to the Kingdom The Keys to the Kingdom November 15; 2012 by Nathan T Winograd Page 1 of S 11/21/2012 11:36 5097835319 MAHONEY LAW OFFICE PAGE 08/19 The Keys to the Kingdom: Nathan 3 Winograd Page 2 of 9 Chippewa County is located on the Upper Peninsula of Michigan. It isn't a wealthy community: the average per capita income is only $19,334. And it is cold. It gets an average of 99 inches of snow every year, In January, the average temperature is six degrees. But what it makes up for in big dollars and warmth is something worth much more: big hearts and a burning desire to save lives. In 2011, Chippewa County bad a 95% rate of lifesaving. The year before it was 93 %- It was not always like that. Cats were often killed on intake. There were very limited times that the "pound" was open to the public. The facility had no outside area for dogs. The dogs rarely if ever left the building. Volunteers were not allowed or welcome even though many tried to help. Despite promises of change, including the building of a new facility, things did not improve and in some cases, worsened. According Deborah Green, one of the leaders of the No Kill initiative, "A wonderful new facility was built in 2003 but unfortunately the old employees and their philosophy came with it." As many as eight out of 10 animals were killed. After members of the public agreed to find a foster home for a pregnant dog and committed to saving all of her puppies, staff killed the dog instead. That is when everything changed. The old regime left and Molly Henderson was hired. Deborah Green calls Holly's hiring the "best decision the County ever made." According to Green, She has had the interest of the animals as the first priority from day one. I have seen what having the wrong people in charge can result in, The goal has to be that "every animal that is savable must be saved ". You have to be dedicated and strong, umvaiverable, to make that happen and that is Holly. Holly has always found a way to make it work no matter how much effort or work it entails. The continued success of ... the Chippewa County Animal Control Shelter is due to Holly and all her hard work and determination. Meet Holly Henderson. 11/21/2812 11:36 5097835319 MAHONEY LAW OFFICE PAGE 69/19 The Kevs to the Kingdom : Nathan 1 Winograd Page 3 of S Holly came to the U.P. from Santa Monica. California. Although she did not bring sunny weather with her, she did bring a refreshing "can do" attitude, and a dedication to saving lives. She also brought a new mindset: she embraced the community. In fact, Holly is a self-admitted "broken record." Whenever she needs help, whenever things look tough, regardless of the challenges, her answer is always the same: she reaches out to her community. Holly attributes all of Chippewa's success to the support of her staff, the willingness of the volunteers, and the kindness of her community.' When I took over the animal shelter in Tompkins County, the then - shelter manager once told urge that volunteers "were more trouble than they are worth." Needless to say, she was replaced. And a dozen or so regular volunteers quickly became hundreds. They were kev to our success. In Reno, the Nevada Humane Society has grown their volunteer program from a small handful to nearly 8,000. They are key to their success, But Holly goes one stop further: she doesn't just embrace volunteers, she gives them the keys to the kingdom. Literally. She literally gives the keys to the shelter to a dedicated core of volunteers so that they can come and go as they please. "These are professional people," Holly explains, "[When they take a] genuine interest in the shelter and the needs of our pets I make sure they have access to the facility at their convenience." 11/21/2012 11:36 5097835319 MAHONEY LAW OFFICE PAGE 10/19 The Keys to the Kingdom: Nathan J Winograd According to Holly, Page 4 of! It allows key volunteers to come into the shelter when it best suits their schedule. For example, Don and Sharon, a husband and wife team, come in after hours to `interview' cats for their Petfrnder posting as well as writing a personality description for their cage. Don also keeps a long path mowed through the grass for volunteers who walk dogs. We also have another team, sisters Kristin and Tammi, who come in Sunday evenings, a day we are closed to the public, to let our dogs out for their potty break. Kristin also does our incredible pet pictures for our Petfinder site. Prior to coming to Chippewa, Holly's only previous shelter experience was as a volunteer for a kill shelter in California. When she found herself in charge of the shelter in Chippewa County and having to make the decision of who lives and who dies, she did not fall back on excuses_ As she has done over and over again, she reached out to her community for help. No matter what the topic and what area of shelter operations, Holly never takes credit for her success. She is always pointing at others: 1 know most of my answers are now beginning to sound like a broken record but I so often hear the complaint of `it's not possible to be no -kill being a municipal organization, we don't have the budget, we don't have the staff...' There is such an easy answer to this question, Volunteers! I absolutely cannot do this job without their help, plain and simple. You can't and you won't get to no -kill without them. In fact, I asked her if she had one piece of advice for other shelter directors, especially those who continue to kill healthy and treatable animals, it was —you guessed it volunteers: 11/21/2012 11:36 5097835319 MAHONEV LAW OFFICE PAGE 11/19 The Keys to the Kingdom! Nathan J Winograd Page 5 of 5 There are so many incredibly talented, kind, professional people out there willing to put their time and money into your organization. What I carne to realize after reading `Rcdemnrion' is that it wasn't enough to not [kill] adoptable animals; we owe it to them to provide more than just shelter. We need to make sure they stay with us the shortest amount of time possible as well as providing the best care possible, physical and emotional. As long as I am at the shelter we will always work, strive to become better; and in a municipal organization such as ours I can't get there without volunteers, Directors may claim volunteers are welcome in their shelter. Holly is willing to give them the keys to it. " Holly mentioned and thanked so many people in the interview that, unfortunately in the interest of length, X could not include them all. But a special thanks, from Holly to Dr. Christopher Halt Dr. Mandie Wehr, Marilyn Carter, .Don and Sharon Brunner, .Kristin Green and Tammi Proulx, and many, many others. Have a comment? Join the discussion by clicking here. My Facebook page is facebook.eom /nathanwinorrad. The Facebook page of my organization is facebook .com/nokilladvocaevicenter. Many people mistakenly believe that the Facebook pages at No Kill Nation and No Kill Revolution are my pages. They are not I AA Fri a'f tie >ctf. Share the No Kill )slog: Filed Under 13 log Posts Tagged: Chippewa County Animal Shelter, HoHv Henderson. Nathan Winograd, No Kill Comments Comments are closed. Follow • Recent Posts The Keys to the Kinodoin 4�r�4 ana o�.a�a vurers "A Breathtaking Piece of Work" You`ve Got To Be Carefiilly Taught Sign up 1br > C�t:'mdilieg ti7ti "�, I • Recent Posts The Keys to the Kinodoin 4�r�4 ana o�.a�a vurers "A Breathtaking Piece of Work" You`ve Got To Be Carefiilly Taught 11/21/2012 11:36 54397835319 MAHONEY LAW OFFICE PAGE 12/19 What is your local shelter doing for Black Friday^ o YcsBiscuit! YesBiscuit! Shelter (noun): Something that affords protection; a refuge, a haven, What is your local shelter doing for Black Friday? November 20, 2012 �: /lyesbiscuit files wordpress com /012 /11 /052108iwlbal j� Mack dog, green tennis ball. Page I of 3 Is your local shelter running an adoption promotion on Black Friday in order to take advantage of so many people being off work and out shopping? A long weekend is an excellent time to bring home a new pet since there will be extra time to spend helping him learn the new routine, 11/21/2012 11:35 5097835319 MAHONEV LAW OFFICE PAGE 13/19 What is your local shelter doing for Slack Friday? a YesBiscuit! Page 2 of 3 Kansas Humane Societ�(lttR: / /www.kansas.com /2012 11 /2012575340/widdta_&I- hopes- to -help- more.htmb in Wichita is waiving adoption fees on all black pets this Friday and discounting fees on their other pets. The Charlotte 12ound in NC will be closed to the public although the wvebsite doesn't state if the kill room will operate on normal hours. YEA. Posted by YesBiscuit Filed in animal shelter 4 Comments )> 4 Responses to "What is your local shelter doing for Black Friday ?" I. Brent Says: November 20. 2012 at 12:23 pm We have a local city shelter here that is going to be closed Thursday- Sunday. It makes me want to cry. our shelter will be open Friday - Sunday, and our new retail adoption center will have extended hours for the weekend. Reply 2. Vickie Brown Says: November 20, 2012 at 12:26 pm Seriously ? ?? The County of Sonoma is taking the Holiday! But I bet they will still kill ardmals in there, the ones that are working. They did on the 4th of July. Yep,. .1 guess I'll be doing another FOIA. on this wonderfully screwed up Holiday for the Shelter Animals of Sonoma County... Sigh... R14& 3. nkbn Says: November 20, 2012 at 12 :32 12 m 11/21/2012 11:36 5997635319 MAHONEY LAW OFFICE PAGE 14/19 What is your local shelter doing for Black Friday? « Ye3Biscult! Page 3 of 3 Buffalo Humane is having a Cat Friday adoption event h s www.faceboo .c v 4798967900X25 We adopted all our black cats at our Halloween event, so we couldn't do a black cat event;) It is rather silly to be closed on one of the biggest shopping days of the year. We tried to get a mall adoption event going, but we were too late this year to get a spot. Hopefully next year! ably 4. Karen Josephson Says: November 20, 20,12 &f 1:4812m County Governments RARELY take Animal Control OR adoptions into consideration for hodays - or any other day for that matter! For example - in Montgomery County Tennessee where I was Director- I was reprimanded when I had the facilely open for adoptions and had staff working to get animals to a safe home. The county HR Director informed me that I violated a Federal Wage and Hour Law doing so and that my staff needed their holiday more than anyone. We rotated shifts and holidays and the staff didn't mind ... except one who I subsequenity fired. But then in Cheatham County Tennessee where I was Director - it was supported for me to be open for adoptions whenever I felt it would benefit - AND it was allowed for staff to take their "holiday' another day. Staff has to work everyday to care for the animals so WHY NOT be open to the public too ? ?? It's all in who's running the local government. And most of them frankly don't give a damn. BUT we elect these people and need to do a better job vetting them!!! wp Theme: Simvla by Phu. Blog at WordPress.com. Follow Follow "YesBiscuit!" Powered by WordPress.com 11/21/2012 11 :36 5097835219 MAHONEY LAW OFFICE PAGE 15/13 Animal Sheltering in the Words of Those Who Don't and Those Who Do a YesBiscuit! Page I of 5 YesBiscuit! Shelter (noun): Something that affords protection; a refuge, a haven. Animal Sheltering .in the Words of Those Who Don't and Those Who Do November 19, 2012 No kill is not real, in the words of killing apologists: "[pllease don't believe that no kill shelters work. They simply do not." — Ed Smith (http• //vesbiscuir wordnresa cnm/2012/09/19/li of rho ia4 arrnll c a great safa place for a11- animals ACO Humane Society of Carroll Co in MD "When you have a no-kill shelter, someone else is going to have to kill." — Connie Kondraw (hU: / /vesbiscuit wordpress com /2012/10/ 0 /Ian aster c p f killer need to -step up to the plate /) co- founder Organization for Responsible Care of Animals in PA Compare to the words of people who were there when their shelters stopped killing pets: "When I hear someone deny that No Mn communities are possible, I think of a shelter in upstate New York, a place where one day it looked sickeningly hopeless, and the next day everything changed. - Valerie Hayes (hn //wwcv examiner com /article /i was there -on volunt r c riPw of a- shelter -s- transition -to-no- kill), former volunteer at Tompkins Co SPCA in NY 1 never knew how big of a change we could make, I just kept thinking, if we can save one scared kitten just by holding it every single day, it wouldn't be enough, but it would be a step in the right direction. [...1 All I ever thought about through the whole process was what type of organization this could be to work for. Now, it is a great one!!! I never imagined so many lives could be saved! — Davna Kennedy (httV //vesbiscuit.wordpr ss- com/2ntinrs 2/1Q/testify[[ former manager UPAWS in MI We all want the same thing/Nobody wants to kill shelter animals, in the words of those responsible for the killing. 11/21/2012 11:36 5897835319 MAHONEY LAW OFFICE PAGE 16/19 Animal Sheltering in the Words of Those Who Don't and Those Who Do a YesBiscuit! Page 2 of 5 "We're all here for the same reason. We should work together." — Mary Anne Tolbert LhLT : //vesbiscuit,wOrdl2ress.com/ 2012 /01131 /s� shelter- director -fired rescuers allege not - enough k1� director Chester Co pound in SC "We do not want to euthanize healthy dogs and cats," — Brandon Bennett Code Compliance Director Ft Worth AC & C in TX Compare to the words of no kill shelter directors: "Once you eliminate Idlling as an option, humans are incredibly creative." - Bonney Brown (hU:/Jvimeo.com /48445902#) director Nevada Humane Society in Reno "On my second day, the cages got full and as someone brought in a litter of puppies, one of my staff members turned to me and said, 'Who are you going to kill to make room for this litter of puppies ?' I turned to them and I said, 'What is Plan B ?` - Nathan Winograd fh1tp:(/vimeo.com148445902#1, former director Tompkins Co SPCA in NY, current director No Kill Advocacy Center (http• / /www nokiltadvocacvicenter oron„ Regarding advocates who protest for the right of shelter pets to live, in the words of no kill naysayers: "They may be well- meaning, but a lot of them are idiots and you can quote me on that." - JLim curry- co-poundh, president Surry Co 11S in "Volunteers who are spending their time organizing a protest are not spending their volunteer hours finding homes for dogs. That is what will cause more dogs to die," - Tommy Engram ( ht42:// yesbiscuit. wordvress .com /2012,1 7i2411ewishuxg -city_ officials bring the st bi�Q city manager in charge of the Lewisburg pound in TN Compare to the words of a no kill shelter director: "There is great public pressure to save the homeless dogs and cats and I think it's inevitable that every shelter will be a no kill shelter and that will be the norm -" - Bonney Brown (http: /lvimeo.com/48445902 #) director Nevada Humane Sodetv in Reno VAT Deflect, deny and spay /neuter - the mantra of those who needlessly kill shelter pets: 11/21/2012 11:36 5097835319 MAHONEY LAW OFFICE PAGE 17/19 Animal Sheltering in the Words of Those Who Don't and Those Who Do « YesBiscuit! Page 3 of 5 "The staff at the Cache Humane Society are professionals who are trained to give vaccines, implant microchips, and yes, perform eu.thanasias. As I am sure most people understand, this is not something that our staff enjoys doing. However, it is a reality when animals are injured or there are more animals then there are homes and funding for. I am thankful every day for our staff who continually and professionally work with a small budget, believing that their actions make a difference for animals that would not have a place to go if our shelter did not exist. This is why we advocate that everyone get their animals spayed and neutered and make sure they are wearing proper identification." — Brenda Smith (http: //)!esbiscuit wordpxes5 com /2012 /1006 /ca uman sc ie - w - executive director Cache HS in UT "We're on a positive trend. And we will continue to march forwaxd in terms of excellence." — fames Ro ers fht biscuit.w 27/t` .-to-care-in-mep2phis/� director Memphis pound in TN "This just goes to show you. If they would have their cat spayed or neutered, they would not have had the problem they have —198, that is a lot of animals." Chdsjgyal gassing= poun&knch, director Iredell Co pet gassing facility in Compare to the words of a no kill shelter director: "So long as the shelters engage the animal- loving American public in positive and constructive ways, they will swoop in to help the shelters to save lives." —Mike Fry lhttp : / /urww,prnewswire.coin/new - releas /tho sands • of - animals- saved - during- nAH^nAl- clav-nf- no- ki11-159874985.htm1 executive director Animal Ark shelter in MN w+, On the banning of volunteers, in the words of pound directors: "Congratulations [volunteerj,.you have managed to (expletive) me off for the last time, So thank You for the animals you've saved but you're no longer needed here at the shelter." - Gina Ford (ht42• / /MbiscuitwoEbress.com /2012 /09/05/shelter director positions available/1 director Humane Society of Central Texas (now terminated) "It's more of a safety precaution. When nobody is here, we don't know who's here for sure, If somebody were to fall and get hurt, you know." — Val McCullough (htip: /hresbiscuit wordpresg com /2012 /08/10 /this -is- how- its - done /) director Saginaw Co pound in MI Compare to the words of no kill shelter directors: "(1]t is the volunteers who always step up, I really couldn't do any of this without my volunteers. They are the true heroes in all this." - Sgt. Karl Bailey (http'//www nathanwinograd comL 88611. director Seagoville Animal Services in TX "I so often hear the complaint of 'its not possible to be no•kill being a municipal organization, we don't have the budget, we don't have the staff...' There is such an easy answer to this question, Volunteers! I absolutely cannot do this job without their help, plaint and simple. You can't and you won't get to no -kill without them." —Holly Henderson (ht tp: / /wwrv.nathanwinograd com /? 11170 ) director Chippewa Cc AC Shelter in MI 11/21/2012 11:36 6097835319 MAHONEV LAW OFFICE PAGE 18/19 .Animal Sheltering in the Words of Those Who Don't and Those Who Do << YesRiscuit! Page 4 of 5 Say what, pound directors ?: "One thing we've committed to is that we're going to scan them all (for microchips) after they've been euthartized." - oC lleert..acuk (http.-Ilyesbiscuit-wordpress.com/2012LOlao4ackson-co-outwo f She - frying -van/) director Jackson Co pound in OR from what I understand, can survive several — 2, 31 4 weeks without food." —Frances animal- huge- asteris /). director ]-torn Lake pound in MS Compare to the words of a no kill shelter director: "When we are faced with a challenge we work to find a solution that will not sacrifice the lives of animals. That may require being unconventional." — Bonney Brown ( http. l /wcvw.nathanwinograd.cQm�t-A335) director Nevada Humane Society in Reno xxxxxxxxwxxx. xx�xx», rxr»+ rMx> t. xxxx�rrxxtrtxxxxxxx�cxxwr +xxxr�Yrxx�xwx "Have faith in people_ That's the biggest thing." — Kelly TeX ki fhttn :/lwww.animalarkshelter.ory /a nimal/ArkArtieies nAfIViewArticle2 enForm& Photo= D049FF3AA487DDE686257A7600502EFA volunteer Shelby Co No Kill Mission ' rlamr,*} ";° Spa«3k de ?sttnln� Nd iiJi osO y� m '• I" 'i 11.14,IlLlCr� Y�gd}]tyll �: 6�tq) �.' F�Y:Sf lnLCl3igC�CR Sprxd StrcS+ L3mguaye Sfe a�apn rtnie Posted by YesBiscuit Filed in animal shelter, No Kill 2 Comments 2 Responses to "Animal Sheltering in the Words of Those Who Don't and Those Who Do" 1. Vicki Aucremanne Says: November 19, 2012 at 5:20 nm 11/21/2012 11:36 5097035319 MAHONEV LAW OFFICE PAGE 19/19 Animal Sheltering in the Words of Those Who Don't and Those Who Do a YesBiscuit! Page 5 of 5 The things the no kill haters say and are quoted saying make me iU and give cold chills.... things can go the other way,.. and with that said, I am going to email something to you in a bit- a story. A. true story - i all it "'The little shelter who did it right" - it is about a situation that happened this past weekend here in Ellcins WV- 33 cats abandoned in a rural shelter parking lot... and what happened next. &P-1y 2. Karen) Says: N vember 12, 2012 at 5:41 pm Such ignorance by the very position - Director - that should be the leader of change and education and public outreach. If you take out the "I hate No Kill" comments - you still have SUCH ignorance in what's being quoted. The VERY .reason that Shelter Reform is so desperately needed EVERYWHERE! R912-ly Theme: Impla by Phu. Elog at WordPress mm. Follow Fallow "Yesftculfl" Powered by WordPress.com 11/21/2012 11:36 5097635319 MAHONEY LAW OFFICE PAGE 01/19 "YE. M4k1.ONEY TIMOTHY W. M. ARONEY, .PS 2630 W. EntiatAvenue Kennewick, WA 99336 Facsimile transmittal irate: �i1/a/1/1114 To:�B Company: •4S Phone: (�",5 Ally. 3 j14 -,L.. ' Fax: ,5y3 -S7a7 From: Mary Mahoney Company: Timothy W, Mahoney, PS Phone: (509) 7834437 Fax: (509) 783 -53,19 Re: 17a ' tP $ �����- s -o-c�, Pages: (including this cover page) ice' Message: This facsimile transmission and the accompanying documents may contain confidential information which is protected by the attoney /client privilege. The information is intended only for the use of the individual or entilies named above, if you are not the intended recipient; you are hereby notified that any diWosw•e, copying or distribution of this information is strictly prohibited by law. Ifyou have received this transmission in error, plase WAC 44 -14- 04003: Responsibilities of agencies in processing requests. WAC 44 -14 -04003 Responsibilities of agencies in processing requests. Page I of 3 (1) Similar treatment and purpose of the request. The act provides: "Agencies shall not distinguish among persons requesting records, and such persons shall not be required to provide information as to the purpose for the request" (except to determine if the request is for a commercial use or would violate another statute prohibiting disclosure). RCW 42.17.270/42.56.080. The act also requires an agency to take the "most timely possible action on requests" and make records "promptly available." RCW 42.17.290/42.56.100 and 42.17.270/42.56.080. However, treating requesters similarly does not mean that agencies must process requests strictly in the order received because this might not be providing the "most timely possible action" for all requests. A relatively simple request need not wait for a long period of time while a much larger request is being fulfilled. Agencies are encouraged to be flexible and process as many requests as possible even if they are out of order.' An agency cannot require a requester to state the purpose of the request (with limited exceptions). RCW 42.17.270/42.56.080. However, in an effort to better understand the request and provide all responsive records, the agency can inquire about the purpose of the request. The requester is not required to answer the agency's inquiry (with limited exceptions as previously noted). (2) Provide "fullest assistance" and "most timely possible action." The act requires agencies to adopt and enforce reasonable rules to provide for the "fullest assistance" to a requester. RCW 42.17.290142.56100. The "fullest assistance" principle should guide agencies when processing requests. In general, an agency should devote sufficient staff time to processing records requests, consistent with the act's requirement that fulfilling requests should not be an "excessive interference" with the agency's "other essential functions." RCW 42.17.290/42.56.100. The agency should recognize that fulfilling public records requests is one of the agency's duties, along with its others. The act also requires agencies to adopt and enforce rules to provide for the "most timely possible action on requests" RCW 42.17.290/42.56.100. This principle should guide agencies when processing requests. It should be noted that this provision requires the most timely "possible" action on requests. This recognizes that an agency is not always capable of fulfilling a request as quickly as the requester would like. (3) Communicate with requestor. Communication is usually the key to a smooth public records process for both requesters and agencies. Clear requests for a small number of records usually do not require predelivery communication with the requester. However, when an agency receives a large or unclear request, the agency should communicate with the requester to clarify the request. If the request is modified orally, the public records officer or designee should memorialize the communication in writing. For large requests, the agency may ask the requester to prioritize the request so that he or she receives the most important records first. If feasible, the agency should provide periodic updates to the requester of the progress of the request. Similarly, the requester should periodically communicate with the agency and promptly answer any clarification questions. Sometimes a requester finds the records he or she is seeking at the beginning of a request. If so, the requester should communicate with the agency that the requested records have been provided and that he or she is canceling the remainder of the request. If the requester's cancellation communication is not in writing, the agency should confirm it in writing. (4) Failure to provide initial response within five business days. Within five business days of receiving a request, an agency must provide an initial response to requester. The initial response must do one of four things: (a) Provide the record; (b) Acknowledge that the agency has received the request and provide a reasonable estimate of the time it will require to fully respond; (c) Seek a clarification of the request; or (d) Deny the request. RCW 42.17.320/42.56.520. An agency's failure to provide an initial response is arguably a violation of the act .2 (5) No duty to create records. An agency is not obligated to create a new record to satisfy a records request' However, sometimes it is easier for an agency to create a record responsive to the request rather than collecting and making available voluminous records that contain small pieces of the information sought by the requester or find itself in a controversy about whether the request requires the creation of a new record. The decision to create a new record is left to the discretion of the agency. If the agency is considering creating a new record instead of disclosing the underlying records, it should obtain the consent of the requestor to ensure that the requester is not actually seeking the underlying records. Making an electronic copy of an electronic record is not "creating" a new record; instead, it is similar to copying a paper copy. Similarly, eliminating a field of an electronic record can be a method of redaction; it is similar to redacting portions of a paper record using a black pen or white -out tape to make it available for inspection or copying. (6) Provide a reasonable estimate of the time to fully respond. Unless it is providing the records or claiming an exemption from disclosure within the five- business day period, an agency must provide a reasonable estimate of the time it will take to fully respond to the request. RCW 42.17.320/42.56.520. Fully responding can mean processing the request (assembling records, redacting, preparing a withholding index, or notifying third parties named in the records who might seek an injunction against disclosure) or determining if the records are exempt from disclosure. An estimate must be "reasonable." The act provides a requester a quick and simple method of challenging the reasonableness of an agency's http: // apps .leg.wa.gov /wac /default.aspx ?cite =44 -14 -04003 2/1/2013 WAC 44 -14- 04003: Responsibilities of agencies in processing requests. Page 2 of 3 estimate. RCW 42.17.340(2)/42.56.550(2). See WAC 44 -14 -08004 (5)(b). The burden of proof is on the agency to prove its estimate is 'reasonable." RCW 42.17.340(2)/42.56.550(2). To provide a "reasonable" estimate, an agency should not use the same estimate for every request. An agency should roughly calculate the time it will take to respond to the request and send estimates of varying lengths, as appropriate. Some very large requests can legitimately take months or longer to fully provide. There is no standard amount of time for fulfilling a request so reasonable estimates should vary. Some agencies send form letters with thirty -day estimates to all requestors, no matter the size or complexity of the request. Form letter thirty- day estimates are rarely "reasonable" because an agency, which has the burden of proof, could find it difficult to prove that every single request it receives would take the same thirty -day period. In order to avoid unnecessary litigation over the reasonableness of an estimate, an agency should briefly explain to the requestor the basis for the estimate in the initial response. The explanation need not be elaborate but should allow the requestor to make a threshold determination of whether he or she should question that estimate further or has a basis to seek judicial review of the reasonableness of the estimate. An agency should either fulfill the request within the estimated time or, if warranted, communicate with the requestor about clarifications or the need for a revised estimate. An agency should not ignore a request and then continuously send extended estimates. Routine extensions with little or no action to fulfill the request would show that the previous estimates probably were not "reasonable." Extended estimates are appropriate when the circumstances have changed (such as an increase in other requests or discovering that the request will require extensive redaction). An estimate can be revised when appropriate, but unwarranted serial extensions have the effect of denying a requestor access to public records. (7) Seek clarification of a request or additional time. An agency may seek a clarification of an "unclear" request. RCW 42.17.320/42.56.520. An agency can only seek a clarification when the request is objectively "unclear." Seeking a "clarification" of an objectively clear request delays access to public records. If the requestor fails to clarify an unclear request, the agency need not respond to it further. RCW 42.17.320142.56.520. If the requestor does not respond to the agency's request for a clarification within thirty days of the agency's request, the agency may consider the request abandoned. If the agency considers the request abandoned, it should send a closing letter to the requestor. An agency may take additional time to provide the records or deny the request if it is awaiting a clarification. RCW 42.17.320/42.56.520. After providing the initial response and perhaps even beginning to assemble the records, an agency might discover it needs to clarify a request and is allowed to do so. A clarification could also affect a reasonable estimate. (8) Preserving requested records. If a requested record is scheduled shortly for destruction, and the agency receives a public records request for it, the record cannot be destroyed until the request is resolved. RCW 42,17.290/42.56.100.6 Once a request has been closed, the agency can destroy the requested records in accordance with its retention schedule. (9) Searching for records. An agency must conduct an objectively reasonable search for responsive records. A requestor is not required to "ferret out" records on his or her own a A reasonable agency search usually begins with the public records officer for the agency or a records coordinator for a department of the agency deciding where the records are likely to be and who is likely to know where they are. One of the most important parts of an adequate search is to decide how wide the search will be. If the agency is small, it might be appropriate to initially ask all agency employees if they have responsive records. If the agency is larger, the agency may choose to initially ask only the staff of the department or departments of an agency most likely to have the records. For example, a request for records showing or discussing payments on a public works project might initially be directed to all staff in the finance and public works departments if those departments are deemed most likely to have the responsive documents, even though other departments may have copies or alternative versions of the same documents. Meanwhile, other departments that may have documents should be instructed to preserve their records in case they are later deemed to be necessary to respond to the request. The agency could notify the requestor which departments are being surveyed for the documents so the requestor may suggest other departments. It is better to be over inclusive rather than under inclusive when deciding which staff should be contacted, but not everyone in an agency needs to be asked if there is no reason to believe he or she has responsive records. An e-mail to staff selected as most likely to have responsive records is usually sufficient. Such an e-mail also allows an agency to document whom it asked for records. Agency policies should require staff to promptly respond to inquiries about responsive records from the public records officer. After records which are deemed responsive are located, an agency should take reasonable steps to narrow down the number of records to those which are responsive. In some cases, an agency might find it helpful to consult with the requestor on the scope of the documents to be assembled. An agency cannot "bury" a requestor with nonresponsive documents. However, an agency is allowed to provide arguably, but not clearly, responsive records to allow the requestor to select the ones he or she wants, particularly if the requestor is unable or unwilling to help narrow the scope of the documents. (10) Expiration of reasonable estimate. An agency should provide a record within the time provided in its reasonable estimate or communicate with the requestor that additional time is required to fulfill the request based on specified criteria. Unjustified failure to provide the record by the expiration of the estimate is a denial of access to the record. (11) Notice to affected third parties. Sometimes an agency decides it must release all or a part of a public record affecting a third party. The third party can file an action to obtain an injunction to prevent an agency from disclosing it, but the third party must prove the record or portion of it http: // apps. leg. wa. gov /wac /default,aspx ?cite =44 -14 -04003 211/2013 WAC 44 -14- 04003: Responsibilities of agencies in processing requests. Page 3 of 3 is exempt from disclosure.' RCW 42.17.330/42.56.540. Before sending a notice, an agency should have a reasonable belief that the record is arguably exempt. Notices to affected third parties when the records could not reasonably be considered exempt might have the effect of unreasonably delaying the requestor's access to a disclosable record. The act provides that before releasing a record an agency may, at its "option," provide notice to a person named in a public record or to whom the record specifically pertains (unless notice is required by law). RCW 42.17.330/42.56.540. This would include all of those whose identity could reasonably be ascertained in the record and who might have a reason to seek to prevent the release of the record. An agency has wide discretion to decide whom to notify or not notify. First, an agency has the "option" to notify or not (unless notice is required by law). RCW 42.17.330/42.56.540. Second, if it acted in good faith, an agency cannot be held liable for its failure to notify enough people under the act, RCW 42.17.258/42.56.060. However, if an agency had a contractual obligation to provide notice of a request but failed to do so, the agency might lose the immunity provided by RCW 42.17.258/42.56.060 because breaching the agreement probably is not a "good faith" attempt to comply with the act. The practice of many agencies is to give ten days' notice. Many agencies expressly indicate the deadline date to avoid any confusion. More notice might be appropriate in some cases, such as when numerous notices are required, but every additional day of notice is another day the potentially disclosable record is being withheld. When it provides a notice, the agency should include the notice period in the "reasonable estimate" it provides to a requester. The notice informs the third party that release will occur on the stated date unless he or she obtains an order from a court enjoining release. The requester has an interest in any legal action to prevent the disclosure of the records he or she requested. Therefore, the agency's notice should inform the third party that he or she should name the requestor as a party to any action to enjoin disclosure. If an injunctive action is fled, the third party or agency should name the requester as a party or, at a minimum, must inform the requester of the action to allow the requeslor to intervene. (12) Later discovered records. If the agency becomes aware of the existence of records responsive to a request which were not provided, the agency should notify the requester in writing and provide a brief explanation of the circumstances. Notes: 'See also Op. Att'y Gen. 2 (1998). 2See Smith v. Okanogan County, 100 Wn. App. 7, 13, 994 P.2d 857 (2000) ( "When an agency fails to respond as provided in RCW 42.17.320 (42.56.520), it violates the act and the individual requesting the public record is entitled to a statutory penalty. "). 3While an agency can fulfill requests out of order, an agency is not allowed to ignore a large request while it is exclusively fulfilling smaller requests. The agency should strike a balance between fulfilling small and large requests. °Smith, 100 Wn. App. at 14. "An exception is some state - agency employee personnel records. RCW 42.17.295/42.56.110 6Daines v. Spokane County, 111 Wn. App. 342, 349, 44 P.3d 909 (2002) ( "an applicant need not exhaust his or her own ingenuity to 'ferret out' records through some combination of 'intuition and diligent research "'). 'The agency holding the record can also file a RCW 42.17.330/42.56.540 injunctive action to establish that it is not required to release the record or portion of it. [Statutory Authority: 2005 c 483 § 4, amending RCW 42.56.570. 07 -13 -058, § 44- 14- 04003, filed 6115/07, effective 7/15107. Statutory Authority: 2005 c 483 § 4, RCW 42.17.348. 06 -04- 079, § 44- 14- 04003, filed 1/31/06, effective 313/06.1 http: // apps .leg.wa.gov /wac /default.aspx ?cite =44 -14 -04003 2/1/2013 RESOLUTION NO, A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AMENDING RESOLUTION NO. 3446 REGARDING PUBLIC RECORDS REQUESTS WHEREAS, the City of Pasco previously adopted the Washington State Attorney General's advisory rules as Resolution No. 3267, and subsequently amended those rules including the most recent amendments pursuant to Resolution No. 3446; and WHEREAS, RCW 42.56.520 requires the City to promptly respond to all public record requests, and further ther requires the City to make a reasonable estimate of time required to produce public records based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request; and WHEREAS, RCW 42.56. 100 requires the City to take the most timely action possible in fulfilling requests and provide the fullest assistance to requestors in such a manner that prevents excessive interference with other essential functions of the agency; and WHEREAS, pursuant to WAC 44 -14- 04003, an agency should try to fulfill all requests in the most efficient manner including the processing of relatively routine requests prior to the fulfillment of much larger or complex, time consuming requests; and WHEREAS, in recent years the City has experienced an increase in the volume of public record requests, particularly an increase in the number of large or complex requests which require significant staff time, research, review, clarification with requestors, notification to third parties, and which otherwise consume a significant amount of City time and resources often causing delays in fulfilling other routine requests and carrying out other City functions; and WHEREAS, the City Council having considered the recommendations of staff, the availability of City resources, the requirements of law, and the current demand for public records, has determined that the most efficient and fair way to process public record requests on behalf of residents and nonresidents alike and to provide the fullest assistance, is to create a two - tier system whereby, routine requests are handled in the normal course of business in the order they are received, and large or complex requests are handled together in the order in which they are received. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1, Resolution No. 3446 is hereby amended to read as follows: Public Records Request Resolution - Amending Resolution No. 3446 - Page t AGENCY DESCRIPTION - CONTACT INFORMATION - PUBLIC RECORDS OFFICER. A) The City of Pasco is a Washington Municipal Corporation providing municipal services. The City's central office is located at the Pasco City Hall, located at 525 North 3rd, Pasco, WA. B) Any person wishing to request access to public records or seeking assistance in making a request should contact the City's Public Records Officer. The City Clerk has been designated by the City Manager as the City's Public Records Officer pursuant to RCW 42.56.580. While the public records officer may offer help and guidance relating to any public records request, requests for police records and municipal court records should be directed to the designated records officer within those departments at the contact information listed below. 1) Requests for records other than Police and Municipal Court records. Requests to inspect or copy any records maintained by the City, other than Police and Municipal Court records, should be made to the Public Records Officer at: Office of the City Clerk City of Pasco 525 North 3rd Pasco WA 99301 (509) 545 -3402 - telephone (509) 543 -5727 - facsimile Email address: CityClerkInfo @Pasco - wa.gov. 2) Request Request for Police records. Municipal Requests to inspect or copy records Court records. Requests to inspect or copy records maintained by the City's Police Department should be made to the Police Records Officer at: maintained Records Office City of Pasco Police Department 525 North 3`d Pasco WA 99301 (509) 545 -3421 - telephone (509) 545 -3423 —facsimile 3) Request for Municipal Court records. Requests to inspect or copy records maintained by the Pasco Municipal Court, should be made to the Court Administrator at: Court Administration City of Pasco 1016 North 4d' Pasco WA 99301 (509) 545 -3491 — telephone (509) 543 -2912- facsimile Public Records Request Resolution - Amending Resolution No. 3446 - Page 2 4) Internet access to records. Many records are also available on the City's web site at www.pasco- wa.gov. Requestors are encouraged to view the documents available on the website prior to submitting a public records request. C) The public records officer will oversee compliance with the act but another City staff member may process a request. Therefore, these rules will refer to the public records officer "or designee." The public records officer or designee and the City will provide the "fullest assistance" to requestors; ensure that public records are protected from damage or disorganization; and prevent fulfilling public records requests from causing excessive interference with essential functions of the City. Section 2. AVAILABILITY OF PUBLIC RECORDS. A) Hours for inspection of records. Public records are available for inspection and copying during normal business hours of the City, Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding legal holidays. Records must be inspected at the office of the City Clerk at City Hall. The City's Police Department hours are Monday through Friday, 8:00 a.m, to 5:00 p.m, excluding legal holidays. The Municipal Court hours are Monday through Friday, 8:30 a.m. to 12:30 p.m., and 1:3012.m. to 4:00 p.m., excluding legal holidays. B) Records Index. The City finds that maintaining an index is unduly burdensome and would interfere with City operations. The requirement would unduly burden or interfere with City operations in the following ways: 1) Given the number of different departments /divisions in the City, the maintenance of a single index is impractical; and 2) Due to activity levels in the City, the type and number of records is constantly changing. C) Organization of records. The City will maintain its records in a reasonably organized manner. The City will take reasonable actions to protect records from damage and disorganization. A requestor shall not take City records from City offices, or that location designated for the inspection of public records, without the permission of the public records officer or designee. A variety of records are available on the City's web site at www.pasco- wa.gov. Requestors are encouraged to view the documents available on the web site prior to submitting a records request. D) Making a request for public records. 1) Any person wishing to inspect or copy public records of the City should make the request in writing on the City's request form, or by letter, fax, or e-mail addressed to the public records officer and including the following information: Public Records Request Resolution - Amending Resolution No. 3446 - Page 3 a) Name of requestor; b) Address of requestor; C) Other contact information, including telephone number and /or e- mail address; d) Identification of the public records adequate for the public records officer or designee to locate the records; and e) The date, and if presented at City Hall, the time of day of the request. 2) If the requestor wishes to have copies of the records made instead of simply inspecting them, he or she should so indicate and make arrangements to pay for copies of the records or a deposit. Standard photocopies will be provided at 15 cents (15¢) per page. 3) A form is available for use by requestor at the office of the public records officer and online at www.pasco - wa.gov. 4) The public records officer or designee may accept requests for public records that contain the above information by telephone, facsimile, email, or in person. If the public records officer or designee accepts such a request, he or she will confirm receipt of the information and the substance of the request in writing. 5) In the event the records requested in any department are readily available, of a routine nature, and do not involve the interest of any other person, the public records officer or the department head may authorize the immediate inspection and /or copying of such record without the necessity of filing the request as provided in subsection (1) above. Section 3. PROCESSING OF PUBLIC RECORDS REQUEST - GENERAL. A) Providing "fullest assistance." The City is charged by statute with adopting rules which provide how it will "provide full access to public records," "protect records from damage or disorganization," "prevent excessive interference with other essential functions of the City," provide "fullest assistance" to requestors, and provide the "most timely possible action" on public records requests. The public records officer or designee will process requests in the order allowing the most requests to be processed in the most efficient manner. requests will be processed separate from routine requests and will be processed to ether with other large or complex requests in the order such requests were received Public Records Request Resolution - Amending Resolution No. 3446 - Page 4 The public records officer or designee shall develop a reasonable method of identifying large or complex requests, which method may be amended from time to time as the demand for records and the availability of resources change The public records officer or designee shall document the basis for determining whether a request is a routine request or is a large or complex request. In making this determination the public records officer or designee should consider relevant factors including but not limited to: (1) the general, expansive or all inclusive nature of the request; (2) the number of departments involved; (3) the location of records and available method of searching records• (4) the potential number of records implicated• (5 ) the rights of third parties (6) the need for clarification of the request; (7) administrative tasks necessary to process the request; (8) the amount of time needed to review documents for applicable exemptions; (9) the need for legal review of the public records request and (10) the format of relevant records. All requests not otherwise identified as large or complex shall be considered routine requests and will be handled in the normal course of business consistent with these policies and without undue delay caused by the processing of large or complex requests. 2) A requestor is always free to choose to narrow or clarify a large or complex request. A requestor is always free to make a new public records request that specifically identifies records needed and otherwise qualifies as a routine request Requestors are encouraged to consider the needs of others and utilize the public records request process responsibl B) Acknowledging requested and payment of a deposit receipt eceipt of request. Within five (5) business days of receipt of the request, the public records officer will do one or more of the following: five (5) business 1) Make the records available for inspection or copying; 2) If copies are requested and payment of a deposit for the copies, if any, is made or terms of payment are agreed upon, send the copies to the requestor; 3) Provide a reasonable estimate of when records will be available; 4) If the request is unclear or does not sufficiently identify the requested records, request clarification from the requestor. Such clarification may be requested and provided by telephone. The public records officer or designee may revise the estimate of when records will be available; or 5) Deny the request. C) Consequences of failure to respond. If the City does not respond in writing within five (5) business days of receipt of the request for disclosure, the requestor should consider contacting the public records officer to determine the reason for the failure to respond. Public Records Request Resolution - Amending Resolution No. 3446 - Page 5 D) Protecting rights of others. In the event that the requested records contain information that may affect rights of others and may be exempt from disclosure, the public records officer may, prior to providing the records, give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possible for those other persons to contact the requestor and ask him or her to revise the request, or, if necessary, seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the request. E) Records exempt from disclosure. Some records are exempt from disclosure, in whole or in part. If the City believes that a record is exempt from disclosure and should be withheld, the public records officer will state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the public records officer will redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted. F) Privilege Log. If the City determines that a record is exempt and should be withheld, the City will maintain a privilege log of those withheld records. The privilege log will identify: 1) Type of record withheld. 2) Date of record. 3) Number of pages. 4) Author or recipient. 5) The exemption invoked. A copy of the privilege log will be produced to the records requestor. G) Inspection of records. 1) Consistent with other demands, the City shall promptly provide a location to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any documents. The requestor shall indicate which documents, if any, he or she wishes the City to copy. 2) The requestor must claim or review the assembled records within thirty (30) days of the City's notification to him or her that the records are available for inspection or copying. The City will notify the requestor in writing of this requirement and inform the requestor that he or she should contact the City to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to claim or review the records within the thirty -day period or make other arrangements, the City may close the request and refile the assembled records. Other public records Public Records Request Resolution - Amending Resolution No. 3446 - Page 6 requests can be processed ahead of a subsequent request by the same person for the same or almost identical records, which can be processed as a new request. H) Providing conies of records. is no fee for inspecting After inspection is complete, the public records officer or designee shall make any requested copies or arrange for copying. I) Providing records in installments. When the request is for a large number of records, the public records officer or designee will provide access for inspection and copying in installments, if he or she reasonably determines that it would be practical to provide the records in that way. If, within thirty (30) days, the requestor fails to inspect the entire set of records or one or more of the installments, the public records officer or designee may stop searching for the remaining records and close the request. J) Completion of inspection. When the inspection of the requested records is complete and all requested copies are provided, the public records officer or designee will indicate that the City has completed a diligent search for the requested records and made any located nonexempt records available for inspection. K) Closing withdrawn or abandoned request. When the requestor either withdraws the request or fails to fulfill his or her obligations to inspect the records or pay the deposit or final payment for the requested copies, the public records officer will close the request and indicate to the requestor that the City has closed the request. L) Later discovered documents. If, after the City has informed the requestor that it has provided all available records, the City becomes aware of additional responsive documents existing at the time of the request, it will promptly inform the requestor of the additional documents and provide them on an expedited basis. Section 4. EXEMPTIONS. A) The Public Records Act provides that a number of types of documents are exempt from public inspection and copying. In addition, documents are exempt from disclosure if any "other statute" exempts or prohibits disclosure. Requestors should be aware of other exemptions, outside the Public Records Act, that restrict the availability of some documents held by the City for inspection and copying. A list of such laws is available at the office of the City Clerk and may be available at the City's website. B) The City is prohibited by statute from disclosing lists of individuals for commercial purposes. Section 5, COSTS OF PROVIDING COPIES OF PUBLIC RECORDS. A) Costs for paper copies. There is no fee for inspecting public records. A requestor may obtain copies for the following costs: 1) Standard black and white photocopies - 15 cents (15¢) per page; Public Records Request Resolution - Amending Resolution No. 3446 - Page 7 2) Standard color photocopies - 15 cents (15¢) per page; Before beginning to make the copies, the public records officer or designee may require a deposit of up to ten percent of the estimated cost of copying all the records selected by the requestor. The public records officer or designee may also require the payment of the remainder of the copying cost before providing all the records, or the payment of the cost of copying an installment before providing that installment. The City will not charge sales tax when it makes copies of public records. B) Costs for electronic records. The costs of electronic copies of records shall be One Dollar ($1.00) for information on a floppy disk and One Dollar ($1.00) for information on a CD- ROM. C) 3) Scanned copies (if records are not already in electronic format - 10 cents (10¢) per page. the size of the request or Before beginning to make the copies, the public records officer or designee may require a deposit of up to ten percent of the estimated cost of copying all the records selected by the requestor. The public records officer or designee may also require the payment of the remainder of the copying cost before providing all the records, or the payment of the cost of copying an installment before providing that installment. The City will not charge sales tax when it makes copies of public records. B) Costs for electronic records. The costs of electronic copies of records shall be One Dollar ($1.00) for information on a floppy disk and One Dollar ($1.00) for information on a CD- ROM. C) Costs for specialized of mailing. services. In the event the City is required due to the size of the request or there is a need for specialized copying equipment (i.e., photographs, blueprints, taped or video recordings) to use the services of an outside source designated by the City, the requestor shall be required to pay the actual costs of such service, including delivery and return of public records for the purpose of copying. records, the parties shall first meet in a good -faith attempt D) Costs of mailing. The City may also charge actual costs of mailing (including the In the event of a dispute regarding the inspection costs of the shipping container) and the actual costs of long distance facsimile transmission. E) Payment. Payment may be made by cash, check or money order to the City. Section 6. REVIEW OF DENIALS OF PUBLIC RECORDS. A) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a records request may petition in writing (including e-mail) to the public records officer for a review of that decision. The petition shall include a copy of, or reasonably identify, the written statement by the public records officer or designee denying the request. B) Consideration of petition for review. The public records officer shall promptly provide the petition and any other relevant information to the City Attorney. The City Attorney will immediately consider the petition and either affirm or reverse the denial within two business days following the City's receipt of the petition, or within such other time as City and the requestor shall mutually agree. The comments incorporated in Chapter WAC 44 -14 may be relied upon as authority for determinations made by the City in applying or interpreting this Resolution. C) Alternative Dispute Resolution. In the event of a dispute regarding the inspection or copying of public records, the parties shall first meet in a good -faith attempt to resolve the dispute by agreement of the parties or by mediation. In the event the dispute remains, the dispute Public Records Request Resolution - Amending Resolution No. 3446 - Page 8 shall be resolved by arbitration pursuant to RCW 7.04A, the Mandatory Rules of Arbitration, and venue being placed in Franklin County, Washington. The mediators and arbitrators will be selected from an approved list maintained by the City and available upon request. The party wishing to seek mediation or arbitration shall provide fifteen (15) days written notice to the City. D) Judicial review. Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal. Section 7. The City Manager is hereby authorized and directed to institute such administrative policies and practices as necessary and appropriate to fully affect this policy. This Resolution shall be retroactively effective upon all pending public record requests. PASSED by the City Council of the City of Pasco, Washington, at its regular meeting on the _ day of 2013. Matt Watkins Mayor Attest Approved as to Form: Debbie Clark Leland B. Kerr City Clerk City Attorney Public Records Request Resolution - Amending Resolution No. 3446 - Page 9 AGENDA REPORT FOR: City Council C February 4, 2013 TO: Gary Crutchfie ' "Mana Manager g Workshop Mtg.: 2/11/13 Regular Mtg: 2/19/13 FROM: Rick Terway, Virector, Administrative 6 unity Services SUBJECT: Boat Basin Marina Sublease Agreement I. REFERENCE(S): 1. Proposed Sublease Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 2/11: Discussion 2/19: MOTION: I move to approve the Manna Sublease Agreement with Columbia Marine Center and authorize staff to forward the document to USACE for final review. III. FISCAL IMPACT: Revenue for 2012 - $14,400 IV. HISTORY AND FACTS BRIEF: A) In 2012 City Council authorized staff to issue an RFP for a Boat Basin Marina Operator. The City, in conjunction with the Port of Pasco and Tri-Cities Rivershore Enhancement Council, completed two separate plans to identify and recommend improvements to the Pasco Boat Basin as well as other areas along the rivershore. These improvements were a major focus in the RFP as the City moves forward in its efforts to improve the public's connection to the river. B) We received one proposal that fit the City's goal to improve the operation of the Boat Basin and Council approved an Interim Agreement on December 15, 2012 with Columbia Marine Center. V. DISCUSSION: A) The City has obtained additional covered docks that were acquired from Clover Island Yacht Club, as well as the permit to install the docks at the boat basin. These docks have been secured with pilings and Columbia Marine Center continues to make much needed improvement to the facility such as painting the building, cleanup of old docks and repairs to the existing covered docks as well as the east long dock. Storm damage has been cleaned up along with the parking lots and fence repair. B) The terms of the new lease are for an initial 10 year period with two (2) additional renewals periods available as long as the terms of the lease are being followed. Future capital improvements include installation of additional docks, if permitted by the USACE. The operation of the manna will include moorage rental, boat repair, boating supplies and a vending area for snacks and drinks. C) Staff has now completed negotiations for a long term lease with Columbia Marine Center. The agreement must also be approved by the USACE and staff would like Council approval before sending it to the USACE. 4(d) BOAT BASIN SUBLEASE AGREEMENT THIS AGREEMENT is effective on the _ day of February, 2013, by and between the City of Pasco, a Municipal Corporation of the State of Washington, hereinafter referred to as the "City ", and JT &T, LLC, a Washington Limited Liability Company, doing business as Columbia Marine Center, hereinafter referred to as "Columbia." WHEREAS, the City has leased from the United States Department of the Army Corps of Engineers Lease to Non -State Governmental Agencies for Public Park and Recreational Purposes (Lease No. W912EF- 1- 04 -13) for that property generally referred to as the Pasco Boat Basin and more legally described on Exhibit A; and WHEREAS, the City has for a number of years maintained the boat basin as a recreational marina facility, for the benefit of the citizens of Pasco; and WHEREAS, the City has adopted a Boat Basin and Marine Terminal Plan for the improvement and enhancement of the boat basin and surrounding properties including improvements consistent with the Tri- Cities Rivershore Master Plan and the Port of Pasco Improvements of Osprey Pointe; and WHEREAS, the City has sought a request for proposal for the operation and improvement of the boat basin to which Columbia has responded with a proposal that is acceptable to the City to be implemented by this Sublease. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties agree as follows: ARTICLE 1- LEASE OF PREMISES 1.1 Lease of Premises. The City hereby leases to Columbia and Columbia leases from the City, for the purpose of developing, operating, and providing a marina at the Pasco Boat Basin on the real property more particularly described in Exhibit A which is attached hereto and included by this reference. The premises include: A. Boat basin marina consisting of approximately two acres, a building, docks, slips and other improvements (hereinafter "Improvements ") as more particularly on the Premises Inventory attached as Exhibit B. The real property and the improvements are collectively referred to as 'Premises." ARTICLE 2 - INCORPORATION OF UNDERLYING LEASE 2.1 Columbia acknowledges that the City is subject to an underlying lease on the Premises from the Department of Army designated as Department of the Army Lease to the City of Pasco, Washington, for Public Park and Recreational Purposes, Levee 12 -1, the Pasco Boat Boat Basin Sublease Agreement - 1 Basin, designated as Lease No. W9- 12EF- 1- 04 -13, and amendments thereto ( "underlying Lease "), and further acknowledges that this Sublease is expressly made subject to all the terms, conditions, and limitations contained in the underlying Lease. Columbia shall perform and comply with all obligations and performance required of the City, as Lessee thereunder, including the Annual Management Plan (AMP) as provided in Section 5 thereof, requiring submission by January 1 of each year during the tern of this Lease, an AMP acceptable to the City and the underlying Lessor's District Engineer. The underlying Lease is attached as Exhibit C, and incorporated by this reference. Any breach of the terms of the underlying Lease by Columbia shall also constitute a material breach of this Sublease. In the event the terms of this Sublease conflict with the terms of the underlying Lease, the terms of the underlying Lease shall control. Columbia acknowledges that this Sublease is contingent upon approval by the underlying Lessor. ARTICLE 3 - TERM 3.1 Initial Term. This Sublease shall commence on the 15th day of December, 2012, and shall end at midnight on December 31, 2022, unless extended as hereinafter provided or unless earlier terminated. 3.2. Option to Extend Terms. Columbia is given the option to extend the term of this Sublease for two (2) consecutive periods of ten (10) years upon the expiration of the initial term by giving notice of the exercise of the option to the City at least twelve (12) months prior to expiration of the initial term or any extended term. In no event, however, shall Columbia be entitled to renew a term hereof, even though such notice was timely given, unless Columbia shall have timely performed all of its obligations hereunder, and shall not be in default in the performance of any payments, duties, or responsibilities required under this Sublease or the underlying Lease on the date the expiration of the initial term, or extended term, of this Sublease. 3.3 Option of City to Terminate Sublease. Notwithstanding any other provision of this Sublease regarding termination, if the City acquires ownership of the Premises, the City shall have the right to terminate this Sublease after the initial term, by giving Columbia at least twelve (12) months prior written notice of its intent to terminate this Sublease. A. Within 30 days of City's notice, the parties shall agree upon an early termination fee, including the remaining unamortized value (calculated on a straight -line basis) of capital improvements made to the Premises by Columbia. B. City shall pay the early termination fee to Columbia in one lump sum within sixty (60) days of the date of early termination of this Sublease. C. City may withhold from the early termination fee an amount equal to any outstanding sums due from Columbia to City. Boat Basin Sublease Agreement - 2 3.4 If the parties are unable to agree upon an early termination fee, they shall proceed to establish the fee as a purchase price by arbitration as provided in Section 15.4, Dispute Resolution. ARTICLE 4 - RENT 4.1 Rent Accrual. Rent accrual shall begin on the effective date of this Sublease. The first month's rent shall be prorated and thereafter, full rental payments shall be due on the first day of each month. Rent shall be payable to the City without demand and without deduction, setoff, or counter claim. 4.2 Rent. Commencing on January 1, 2013, the monthly rental amount shall be One Thousand Two Hundred Dollars ($1,200.00); commencing on January 1, 2014, the monthly rental amount shall be One Thousand Three Hundred Dollars ($1,300.00); commencing on January 1, 2015, the monthly rental amount shall be One Thousand Four Hundred Dollars ($1,400.00); and beginning on January 1, 2016, the monthly rental amount shall be increased, and shall thereafter increase each year, including any period of extension, on the first day of January of each year in an amount equal to the greater of. a) 18% of the total rental income of all moorage and boat storage revenues or, b) an amount equal to 105% of the previous rental rate. 4.3. Late Charge. In any installment of rent or payment due from Columbia not received prior to or on the date when due, Columbia shall pay to the City an additional sum equal to 15% of the overdue portion of the rent as late charge. Notice of late payment is not required, but may be provided by the City to Columbia. The unpaid rent together with the late charge shall accrue interest at the rate of 12% per annum until paid in full. Acceptance of any late charge shall not constitute a waiver of Columbia's default with respect to the overdue payment or prevent the City from exercising any of the other rights and remedies available to it. 4.4 Security De osit. Upon execution of this Sublease, Columbia shall deposit Three Thousand Six Hundred Dollars ($3,600.00) with the City as a security deposit. This sum shall guarantee Columbia's performance of its obligations hereunder. If Columbia fails to perform any of its obligations hereunder, the City may apply the appropriate portion of the security deposit to cure the default or to compensate the City for damage it has sustained as a result of Columbia's default, including attorney fees and administrative costs, including notices, which shall be reimbursed at the rate of $100.00 per each such notice provided to Columbia. If any portion of the deposit is so used, Columbia shall, upon demand, deposit sufficient cash with the City to restore the security deposit to its original amount. If Columbia fully performs its obligations under this Sublease, the security deposit or any balance thereof shall be returned to Columbia at the expiration of this Sublease, or after Columbia has vacated the Premises, whichever last occurs. Boat Basin Sublease Agreement - 3 ARTICLE 5 - REMEDIATION AND CAPITAL DEVELOPMENT PLAN 5.1 In addition to the AMP, as well as the Recreation, Development and Management Plan as required under the underlying Lease, Columbia shall immediately implement and comply with the Remediation Plan providing for the timely removal of derelict docks, flotation material, overgrown and dead vegetation, and other waste and debris upon the Premises which is attached hereto and incorporated as Exhibit D. 5.2 Columbia shall immediately initiate and implement the Capital Development Plan in a timely manner as provided in Exhibit E, attached hereto and incorporated by this reference. 5.3 The Remediation Plan and the Capital Development Plan are material conditions of this Sublease, and failure to timely comply with such terms shall constitute a materially breach of the Sublease. Such Plans may only be modified in writing signed by both parties. ARTICLE 6 - INDEMNIFICATION 6.1 The City shall not be liable for any loss, injury, death or damage to persons or property which at any time may be suffered or sustained by Columbia or by any person whomsoever may at any time be using or occupying or visiting the Premises, whether such loss, injury, death or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of Columbia or any of its occupants, subtenants, invitees, or other users of any portion of the Premises. Columbia shall indemnify the City against all claims, liability, loss, or damage whatsoever on the account of any such loss, injury, death or damage. Columbia shall defend, indemnify and hold the City harmless in any action at law or equity, the City, its officers, employees, agents and elected officials and appointive boards from any and all claims, losses, damages, including property damage, personal injury, including death, and liability of every kind, nature and description arising from or connected with the use or occupancy of the Premises by Columbia or the performance of this Sublease by Columbia or any person directly its control. ARTICLE 7 - INSURANCE 7.1. Liability Insurance. Supplement to those requirements under Section 19 "Insurance" of the underlying Lease, Columbia shall secure, maintain and pay for general liability insurance coverage in the amount of One Million Dollars ($1,000,000.00) per occurrence, with a general aggregate limit of Two Million Dollars ($2,000,000.00) including coverage for environmental liability in an amount of One Million Dollars ($1,000,000.00) per occurrence, with a general aggregate limit of $2,000,000.00, at all times during the term or extended term of this Sublease, insuring Columbia and naming the City as an additional named insured. Columbia shall provide the City a certificate of insurance and a copy of the insurance policy prior to taking possession of the premises, and annually thereafter. Such policies shall provide that no cancellation, major change in coverage, or nonrenewal by the insurance company will be made during the tern of this Sublease, without 30 days written notice to the City prior to the effective date of such cancellation, nonrenewal, or change in coverage. Boat Basin Sublease Agreement - 4 7.2. Fire and Casualty Insurance. Columbia, as an operating expense, shall maintain and keep on all of its personal property, improvements, and alterations in, on or about the Premises, including, but not limited to, buildings, docks, boat slips, and other improvements, a policy of standard fire, casualty, and extended or other coverage insurance to the extent of 100% of their full replacement value, without reduction for depreciation of Columbia's improvements or alterations if damaged, with the loss payable to the City and Columbia as their interest may appear. 7.3. Workers' Compensation Insurance. Full workers' compensation insurance necessary in connection with the performance of this Sublease to protect Columbia and its employees under the Workers' Compensation Act. Such insurance shall relieve the City from any all responsibility therefore. However, in no event, shall any employee of Columbia be construed to be an employee or "loaned" servant of the City. 7.4 Payment. Payment of policy premiums required under this Article shall be construed as additional rent subject to timely payment by Columbia. 7.5 Subrogation. Notwithstanding any other provision of this Lease to the contrary, and without limitation of the provisions of this Article 7, whenever (a) any loss, cost, damage or expense resulting from fire, explosion or any other casualty or occurrence is incurred by either of the parties hereto, or anyone claiming by, through, or under it in connection with the Premises, and (b) such party then is covered in whole or in part by insurance with respect to such loss, cost, damage or expense or is required under this Lease to be so insured, then the party so insured (or so required) hereby waives any claims against and releases the other party from any liability said other party may have on account of such loss, cost, damage or expense to the extent of any amount recovered by reason of such insurance (or which could have been recovered had such insurance been carried as so required). The parties agree to furnish to each insurance company which has or will issue policies of casualty insurance on the Improvements, written notice of said waivers and to have the insurance policies properly endorsed, if necessary, to acknowledge such subrogation waivers. Such release of liability and waiver of the right of subrogation shall not be operative in any case where the effect thereof is to invalidate such insurance coverage or increase the cost thereof (except that in the case of increased cost, the other party shall have the right, within thirty (30) days following written notice, to pay such increased cost, thereby keeping such release and waiver in full force and effect). ARTICLE 8 - TAXES AND UTILITIES 8.1 Taxes as Additional Rental. As additional rental hereunder, Columbia shall promptly pay when due, and before delinquency, all taxes, including leasehold excise tax, assessments, rates, charges, license fees, liens, levies which may be levied, assessed, charged or imposed or upon which may become liens or charged upon or against the Premises. Columbia shall have full right of contest of validity or amount of any tax, assessment, levy, or other governmental charge that may be required to pay under the terms of this Sublease. Boat Basin Sublease Agreement - 5 8.2 Utilities as Additional Rental. As additional rental hereunder, Columbia shall promptly pay, when due and before delinquency, all water, sewer, gas, heat, light, power, telephone service, garbage removal and all other utility services of any kind and nature whatsoever supplied to, for the benefit of, or used on the Premises by Columbia. ARTICLE 9 - USE OF THE PREMISES 9.1 The Premises shall be used solely for the purpose of providing quality manna services and products to the public including providing moorage services, boat sales and service, watercraft sales and service, and all other uses incident to, accessory to, or necessary for marina services. These uses shall include the development, construction, and improvements on structures, docks, and fueling facilities, and improvements as provided in the Capital Improvement Plan and the May 18, 2010, Army Corps of Engineers Permit for the installation of additional ramps, docks and marina improvements. 9.2 Any other uses not prohibited by the underlying Lease and proposed by Columbia shall be reviewed and approved by the City and the United States Army Corps of Engineers District Engineer. Approvals must be obtained prior to Columbia proceeding with the implementation of any such additional uses. 9.3 Columbia shall comply with and conform with all laws and regulations relating to the condition, use or occupancy of the Premises as required by Federal, State, County or City laws, ordinances or regulations. 9.4 Columbia shall have full right and authority to rent slip, moorage and dryland storage of boats for periods not exceeding one (1) year with all revenues therefrom belonging to Columbia. Columbia shall be entitled to all revenues generated by its operations, sales and services upon the Premises. 9.5 Columbia shall maintain the Premises in a clean and orderly condition and shall not cause nor permit litter, garbage, or other refuse or debris to accumulate on the Premises and shall, at its own expense, control or eliminate any pests, insects, overgrown or dead vegetation and noxious weeds. 9.6 Columbia shall not cause or permit any Hazardous Substance, including petroleum products or sewage that may be spilled, leaked, disposed of, or otherwise released on or under the Premises or its adjoining waters. Columbia may use or otherwise handle on the Premises only those Hazardous Substances typically sold or used in the prudent and safe operation of a marina. Columbia may store such Hazardous Substances on the Premises only in such quantities necessary to satisfy Columbia's reasonably anticipated needs. Columbia shall comply with all Environmental Laws and exercise the highest degree of care in the use, handling, and storage of Hazardous Substances, and shall take all practical measures to minimize the quantity and toxicity of Hazardous Substances used, handled, or stored on the Premises. Upon the expiration or termination of this Sublease, Columbia shall remove all Hazardous Substances from the Premises. The term "Environmental Law" shall mean any Federal, State or local Boat Basin Sublease Agreement - 6 statute, regulation, or ordinance, or any judicial or other governmental order pertaining to the protection of health, safety, or the environment. The term "Hazardous Substance" shall mean any hazardous, toxic, infectious, or radioactive substance, waste, and material as defined or listed by any environmental laws and shall include, without limitation, petroleum, oil, or their constituents. 9.7 Notwithstanding anything in the Article 9 to the contrary, Columbia shall not be liable and the City shall fully indemnify and hold Columbia harmless from and against any and all liabilities, damages, expenses, costs and losses arising from, or as a result of, any use and occupancy of the Premises prior to the Commencement Date, including any violation of any Environmental Laws attributable to the period prior to the Commencement Date, and from, or as a result of, any breach of the City's obligations under this Lease. 9.8 Columbia will not limit or exclude public use of the existing boat launch ramp or the park portions of the marina. 9.9 Columbia shall not discriminate against any person as set forth in Section 22 of the underlying Lease. 9.10 Columbia agrees to cooperate and assist as is reasonable in any agreement between the City of Pasco and the Port of Pasco for the improvement of adjacent properties owned by the Port as well as the properties included in this sublease (Exhibit A). ARTICLE 10 - REPAIR AND MAINTENANCE 10.1 Columbia's Repair and Maintenance Obligation. Except for the maintenance and repair obligations specifically assumed herein by the City, Columbia shall, at its expense, keep and maintain the Premises, including but not limited to, the Manna components identified in Exhibit B and such other buildings, structures, improvements, fixtures, trade fixtures, equipment and utility systems which may now or hereafter exist on the Premises, in good, operable, usable and sanitary order, appearance, repair and in a good, safe, operating and attractive condition throughout the term of this Sublease, timely providing for such repairs, replacement, rebuilding and restoration as may be required to comply with the requirements of this Sublease. Such maintenance and repair shall include all roadways, parking areas, common areas, walkways, utility service and lines, shorelines and trees, shrubbery, grass and vegetation on the entire Premises; and maintenance and repair of the existing sales and service building, all interior repairs including ordinary electrical and HVAC maintenance, all interior and exterior doors, windows, flooring or restrooms, equipment, and fixtures. A. Should Columbia fail to perform such maintenance or repair within thirty (30) days of written notice from the City, the City may enter upon the Premises and perform the required maintenance for repair, unless, such lack of maintenance and repair creates an unsafe or hazardous condition for which the City may immediately enter the premises to accomplish such repairs as necessary. Columbia shall reimburse the City of all costs incurred in effectuating such maintenance or repair. Boat Basin Sublease Agreement - 7 10.2 Citv's Obligation for Maintenance and Repair. The City shall be responsible for maintaining the major structural components of the existing sales and service building including: A. Repairs of the roof and gutters, exterior walls (not including painting), bearing walls, structural members, floor slabs, and foundation. B. Repair of exterior water, sewer and electrical services up to the point of entry to the Premises. C. Repair of the heating and air conditioning components, other than ordinary maintenance. D. City shall not, however, be responsible for any repairs necessitated by the negligence of or improper maintenance by Columbia, its agents, employees or invitees. Such repair shall be the responsibility of Columbia. E. To facilitate prompt repair and minimize the affect upon Columbia's business, the City may authorize Columbia, or its subcontractors, to perform the maintenance and repair as provided above with the City promptly reimbursing Columbia for the actual costs of such maintenance, repairs and any improvements authorized. 10.3 Inspection. The City shall have the right to enter the Premises upon 24 -hour notice during regular business hours, or such time as mutually agreed between the parties, for inspection of the Premises to determine Columbia's compliance with this Sublease, to make necessary repairs to the building or to the Premises, and to fulfill its obligations under the underlying Lease. ARTICLE 11 - ASSIGNMENT AND SUBLETTING 11.1 Other than short term slip rental and boat storage, no part of the Premises may be assigned, mortgaged, subleased, nor may a right of use of any portion of the Premises be conferred on any third person without the prior written consent of the City. This shall include the sale or transfer of any interest exceeding 25% in the ownership of Columbia. ARTICLE 12 - CONSTRUCTION OR MODIFICATION OF MARINA FACILITY 12.1 Prior to Columbia's construction, modification, alteration or renovation of any new or existing building, structure or improvement, Columbia shall provide the following: A. Plans and Specifications. Columbia shall at Columbia's sole expense, prepare plans and specifications for any new building, structure or improvement the cost of which is in excess of $25,000.00, to be erected on the premises. Such plans and specifications shall be submitted to the City and the Corps of Engineers for the prior written approval of, or any revisions required by the City and the Corps of Engineers. Boat Basin Sublease Agreement - 8 The City and the Corps of Engineers shall not unreasonably withhold such approval, and in the event of disapproval, the City and the Corps of Engineers shall give to Columbia an itemized statement of reasons therefore within sixty (60) days after the same are submitted to them. Prior to the commencement of any such work, the City may require Columbia to furnish the City with a good and sufficient surety bond guaranteeing the completion of such building, structure or improvement and the payment of all bills therefore. B. Alterations, Improvements and Changes Permitted. Columbia shall have the right to make such alterations, improvements and changes to any building, structure or improvement which may from time to time be on the premises as Columbia may deem necessary, or to replace any such building, structure or improvement with a new one of at least equal value, provided that prior to making any structural alterations, improvements or changes, or to replacing any such building, structure or improvement, Columbia shall obtain written approval of plans and specifications therefore from the City and the Corps of Engineers, which approval the City nor the Corps of Engineers shall not unreasonably withhold, provided that the value of the building, structure or improvement shall not be diminished and the structural integrity of the building, structure or improvement shall not be adversely affected by any such alterations, improvements or changes, or that any proposed new building, structure or improvement is at least equal in value to the one which it is to replace, as the case may be. In the event of disapproval, the City and the Corps of Engineers shall give to Columbia an itemized statement of reasons therefore. Columbia will in no event make any alterations, improvements or other changes of any kind to any building, structure or improvement on the premises that will decrease the value of such building, structure or improvement or that will adversely affect the structural integrity of the building, structure or improvement. Prior to commencing any work that will cost in excess of Twenty -Five Thousand Dollars ($25,000.00), the City may require Columbia to furnish the City and the Corps of Engineers, on demand, with a good and sufficient surety bond insuring the completion of such work and the payment of all bills therefore. C. Restoration and Replacement of Currently Existing Structure. Columbia shall have no obligation to restore or replace at the expiration or other termination of the Lease, the buildings located on the land hereby demised at the commencement of the term hereof, except that, prior to the time Columbia may demolish such building, Columbia shall keep and maintain the same in a condition comparable to its condition when delivered to Columbia. D. Disposition of New Improvements. Any new building, structure or improvement constructed by Columbia on the premises, and all alterations, improvements, changes or additions made in or to such premises, shall be the property of City, and Columbia shall have only a leasehold interest therein, subject to the terms hereof. E. Improvements and alterations installed by Columbia shall, at Columbia's Boat Basin Sublease Agreement - 9 option, be removed by Columbia and the Premises restored unless the applicable Columbia's consent specifically provides otherwise. Existing improvement to buildings and grounds may not be removed without the prior written consent of the City. ARTICLE 13 - DEFAULT 13.1. The City may, at its option and without limiting the City in the exercise of any other right or remedy it may have on account of a default or breach by Columbia, exercise the rights and remedies specified herein if: A. Columbia defaults in the payment of any money agreed to be paid by Columbia to City for rent or to be paid for taxes, utilities, insurance or for any other purposes under this Sublease, and if such default continues for ten (10) days after the date due. B. Columbia abandons the Premises for a period of thirty (30) days. C. Columbia defaults in the performance of any of its agreements, conditions or covenants, other than the payment of rent or additional rent, and any such default continues for thirty (30) days from the date of notice. However, not withstanding any other provisions herein, the thirty (30) day notice shall be required for the first default only; the second default shall require a ten (10) day notice period; and the third such default shall require no notice which shall constitute an automatic termination of the Sublease. The purpose of this provision is to prevent habitual defaults and performances required under this Sublease. If two or more years have passed since the date of the last default, Columbia shall be entitled to reinstatement of the notice feature provided above with first such default allowed up to thirty (30) days to cure. If, any such delay in the performance of the cure of any default by Columbia is the direct result of reasons or matters beyond the control of Columbia, such period may be extended for such reasonable period as is necessary to cure the default. D. The levy of a writ of attachment or execution or lien on this Sublease or any other property of the Subleasee located on the Premises which is not released or terminated within thirty (30) days. E. A general assignment by Columbia for the benefit of its creditors, or an attempted assignment or transfer of any of the rights provided under this Sublease. F. The filing by or against Columbia of a petition for relief in bankruptcy. G. Failure of Columbia to timely fulfill or comply with the Corps of Engineers AMP, or the Remediation Plan or Capital Development Plan as provided in Article 5 of this Sublease. H. Columbia's failure to perform any material provision of this Sublease or Boat Basin Sublease Agreement - 10 the underlying Lease. ARTICLE 14 - REMEDIES 14.1 Remedies. In the event of Columbia's default hereunder, and in addition to any other rights or remedies the City may have under this Sublease or under law, City may elect: A. To immediate terminate this Sublease and Columbia's right to possession of the Premises by giving written notice to Columbia and (1) to recover from Columbia an award of damages equal to the sum of the unpaid rental which had been earned at the time of termination; (2) to recover any other amount necessary to compensate City for all the detriment either proximately caused by Columbia's failure to perform Columbia's obligations under this Sublease or which in the ordinary course of things would be likely to result therefrom; and (3) to recover all such other amounts in addition or in lieu of the foregoing as may be permitted from time to time under applicable law. B. To have this Sublease continue in effect for so long as City does not terminate this Sublease and Columbia's right to possession of the Premises, in which event City shall have the right to enforce all of the rights and remedies provided by this Sublease and by law, including the right to recover the rental and other charges payable by Columbia under this Sublease as they become due. C. To have a receiver appointed to collect rent and conduct Columbia's business. Neither the filing or a petition for the appointment of a receiver nor the appointment itself shall constitute an election by City to terminate this Lease. D. To exercise any or all of the remedies set forth in this Sublease. E. In the event of a reentry, the City shall have the right to take over management of the Manna including, but not limited to, communications with slip rental tenants and boat storage customer, and collection of rents and other payments due for the use of the Marina. To facilitate the transfer of management, Columbia shall immediate provide to the City with its most current customer contact information and rental payment ledger. 14.2 Rieht of Entry and Expenses of Columbia's Default. If Columbia shall default in the performance of any obligation on Columbia's part to be performed under this Sublease, City may, following reasonable notice to Columbia, enter the premises and perform the same for Columbia's account with City personnel and equipment or with the services of a private contractor. If City at any time is compelled or elects to pay or incur any cost or expense (including, but limited to, reasonable attorneys' fees) by reason of Columbia's default, Columbia shall, upon demand, pay to City as additional rental the amount of such costs and expenses, together with interest at the maximum rate set forth in this Sublease from and after the date paid or incurred. Boat Basin Sublease Agreement - 11 14.3 City's Default. In the event City fails to perform any covenant, condition, or agreement contained in this Sublease within thirty (30) days after written notice from Columbia specifying such default or, where City's default cannot reasonably be cured within thirty (30) days and City fails to commence to cure within that period, then City shall be liable to Columbia for any damages sustained by Columbia as a result of City's breach. Columbia shall not have the right to terminate this Sublease or to withhold, reduce or offset any amount against any payments of rents or charges due and payable under this Sublease, except as may be specifically provided herein. Columbia shall not have, and hereby waives, any claim against City for money damages arising by reason of any refusal, withholding or delay by City in giving any consent, approval or statement of satisfaction. City will not unreasonably withhold any such consent, approval or statement of satisfaction. Columbia's only remedies for any such refusal, withholding or delay shall be an action for specific performance, injunction or declaratory judgment. ARTICLE 15 - GENERAL PROVISIONS 15.1 Time is of the essence. For the purpose of this agreement, time is of the essence for the prompt performance of all terms and conditions of this Sublease. 15.2 Nonwaiver. Waiver by either party of the strict performance of any provision of this Sublease shall not be a waiver of nor prejudice the party's rights to require strict performance of the same provision in the future or of any other provision. 15.3. Notice. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party, shall be in writing and either served personally or transmitted by electronic mail, or prepaid certified mail, effective as of the date of posting. Notices shall be addressed to the parties as follows: The City of Pasco Rick Terway, Director Administrative & Community Services CITY OF PASCO PO Box 293 Pasco WA 99301 JT &T, LLC d/b /a Columbia Marine Center 1315 S. 4a' Ave Pasco WA 99301 writing. Either party may change its address by notifying the other of the change of address in 15.4 Dispute Resolution. Except for disputes involving the payment of rent, or those disputes required under Section 30 of the underlying Lease to be resolved under the Contract Boat Basin Sublease Agreement - 12 Dispute Act of 1978, in the event of a dispute in regards to the enforcement, interpretation or breach of this Sublease, the parties shall first meet in a good faith attempt to resolve the dispute. In the event the dispute cannot be resolved by agreement of the parties either with or without the assistance of mediation, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. IN WITNESS WHEREOF, the parties have hereunto set their hands as of the date first above written. CITY OF PASCO Gary Crutchfield, City Manager APPROVED AS TO FORM: Leland B. Kerr, City Attorney Boat Basin Sublease Agreement - 13 JT &T, LLC d/b /a Columbia Marine Center STATE OF WASHINGTON) :ss County of Franklin ) On this day personally appeared before me GARY CRUTCHFIELD, City Manager for the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of February, 2013. Notary Public in and for the State of Washington Residing at My Commission Expires STATE OF WASHINGTON ) :ss County of Franklin ) On this day personally appeared before me JT &T, LLC, d/b /a Columbia Marina Center, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of February, 2013. Notary Public in and for the State of Washington Residing at My Commission Expires Boat Basin Sublease Agreement - 14 AGENDA REPORT FOR: City Council FEBRUARY 5, 2013 TO: Gary Crutchfield, City Manager Workshop Mtg.: 2/11/13 FROM: Rick Terway, Director, Administrative & Cogxiity Services SUBJECT: Spray Park Locations �� L REFERENCE(S): 1. Memo from Rick Terway dated January 29, 2013 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 2/11: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Both Kurtzman and Richardson pools have exceeded their life expectancy. The pools were originally built in the late 60's and mechanical/building renovations took place in the 80's. B) Water Technology Inc. (WTI) was retained to study the two pools and has determined that they in fact have met their useful life and then some. C) In October, the Park and Recreation Advisory Board held two neighborhood meetings to get public input on the future of Kurtzman and Richardson Pools. At the November meeting the board voted to support replacing the pools with spray parks on a City wide basis, based on fund availability and at the January 14th workshop meeting Council concurred. V. DISCUSSION: A) After an in depth review of spray park requirements, it was learned the health department requires a full service restroom be located at the park in the vicinity of the spray park. This will add a minimum of $100,000 construction cost to each spray park project plus around $10,000 annually for operation and maintenance. B) Since 2000, the City has had a policy not to place flush restrooms in neighborhood parks due to the cost and potential vandalism. Selecting parks to locate spray parks will be more difficult with this requirement. Therefore, the Park Board recommends the following: • Kurtzman Park has a small restroom located next to the current pool. This will allow us to move forward with this project in 2013 as planned. • The second spray park in the CIP budget for 2014 should be located on the west end of the City, due to the fact that Memorial Pool is only a short distance from Richardson Park, and located in the east half of the City. • Currently, the City is looking for a site for a community park to be located north of 1 -182 in the northwest quadrant of the city. This would have a full service restroom due to the capacity of the park and its features. This would be the logical park to add a spray park facility for the west side of the City. • Beyond these two spray parks, with the possible development of an aquatic facility in the near future we should wait and evaluate the need once this project has been completed. C) Staff requests Council's concurrence in the Park Board's recommendations. 4(e) 1 j Administrative & Community Service Department February 8, 2013 Memorandum To: City Council Gary Crutchfield, City Manager From: Park and Recreation Adv y Board Rick Terway, Director A Subject: Spray Parks After an in depth review of spray park requirements, it was learned the health department requires a full service restroom be located at the park in the vicinity of the spray park. This will add a minimum of $100,000 construction cost to each spray park project plus around $10,000 for operation and maintenance annually. The City does not place flush restrooms in neighborhood parks due to the cost and potential vandalism. This policy has been in place since 2000. Selecting parks to locate spray parks will be more difficult with this requirement. Therefore, I would suggest the following: 1. Kurtzman Park has a small restroom located next to the current pool. This will allow us to move forward with this project in 2013 as planned. 2. The second spray park in the CIP budget for 2014 should be located on the west end of the City, due to the fact that Memorial Pool is only a short distance from Richardson Park, and located in the east half of the City. 3. Currently, the City is looking for a site for a community park to be located north of 1 -182 in the northwest quadrant of the city. This would have a full service restroom due to the capacity of the park and its features. This would be the logical park to add a spray park facility for the west side of the City. 4. Beyond these two spray parks, with the possible development of an aquatic facility in the near future we should wait and evaluate the need once this project has been completed. As we have discussed in the past, budgets are tight and the requirements are becoming more stringent as more spray parks are added to park systems throughout the state. At the February 7, 2013 meeting of the Park and Recreation Advisory Board, locations and cost of spray parks were discussed and a motion was made by Edmon Daniels, seconded by Duane Taber, to support the content of the this memorandum. The motion carried unanimously. FOR: City Cc TO:. Gary C. FROM: Ahmad AGENDA REPORT NO. 08 Manager lic Works Director February 6, 2013 Workshop Mtg.: 2/11/13 Regular Mtg.: 2/19/13 SUBJECT: Process Water Treatment System Optimization — Project Management I. REFERENCE(S): 1. Vicinity Map 2. Professional Services Agreement with Scope of Work IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 2/11: Discussion 2/19: MOTION: I move to approve the Professional Services Agreement with CES authorizing professional services with respect to Project Management of the Process Water Treatment System Optimization project in the amount of $75,000, and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: IV, HISTORY AND FACTS BRIEF: A) The City treats and re -uses the process water generated by the Pasco processing center during vegetable processing by applying it to agricultural crops grown on the City's farm circles. The agronomic capacity of the land dictates the maximum process water volume that can be delivered from the processing center to farm circles for treatment and reuse. Without additional land or other changes, the City cannot accommodate a new processor, nor expansion of existing processors. B) In Fall of 2011, CES completed the optimization plan that included improvement plans divided into four phases. Phase I & II included improvements to remove some of the BOD and Grit and Sedimentation, that were causing reduction in ergonomic capacity. Phase I & II have been designed and was bid in Summer 2012, however the bids were rejected since the bids were significantly higher than the engineers estimate. Staff and CES completed value engineering of Phase I and II and the bid was awarded on February 4, 2013. C) The optimization includes a number of Capital Improvement and the addition of infrastructures that need to be managed as a system. D) Staff employed the services of CES to design Phase III of the improvements as outlined in the optimization study. Council approved the professional services agreement on 2/4/2013. V. DISCUSSION: A) Staff proposes to complete management of the system that will include the following objectives: 1. Improve monitoring, management, and irrigation of the land treatment fields. 2. Design and implement a data management system. The following tasks are part of the proposed professional services: Task 1 — Soil Moisture Monitoring Task 2 — Crop Rotation Design and Harvest Management Task 3 — Land Treatment System Operation and Management Manual Task 4 — Irrigation System Improvements Task 5 — Solids Management Plan Task 6 — Data Management System Task 7 — Project Management 4(f) LL. L 4) V O L a PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City ", and Cascade Earth Sciences (CES) hereinafter referred to as the "Consultant ". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide Project Management Services with respect to the Process Water Treatment System Optimization, and Consultant has demonstrated that it is highly qualified to perform these services. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with Exhibit A, 2. Ownership and use of documents, A. The parties acknowledge that this Agreement shall be governed by RCW Chapter 42.56 and any other State or Federal law relating to confidentiality, intellectual properties, and public disclosure. The parties shall make a good faith effort to comply with such laws, and to the fullest extent allowed by law, comply with the provisions of this section. B. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered shall not be considered public records, provided, however, that: (1) All final reports, presentations and testimony prepared by Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. (2) The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of Consultant, copy any work product. (3) In the event that Consultant shall default on this Agreement, or in the event that this Agreement shall be terminated prior to its completion as herein provided, the work product of Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of work done shall be prepared at no additional cost, if the Agreement is terminated through default by Consultant. If the Agreement is terminated CES Professional Services Agreement - PROJECT MANAGEMENT 1 through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of work done. (4) Consultant shall maintain all documents associated with work performed under this Agreement for a minimum period of three (3) years after completion of the work. This provision shall survive termination of this Agreement. (5) Consultant shall respond to requests by the City for records within five (5) business days by either providing the records, or by identifying in writing that additional time is necessary to provide the records with a description of the reasons why additional time is needed. Records shall be provided to the City within twenty (20) days of the date of the request. Provisions of Section 5 in this Agreement shall specifically apply to any claim arising out of Consultant's failure to properly maintain or timely produce records as described herein and as otherwise required by law. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and material basis as set forth on the fee schedule found in Exhibit A, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $75,000, without approval from the City. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly and before December 31, 20130 5. Hold harmless agreement. In performing the work under this Agreement, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnitees "), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnitees from: CES Professional Services Agreement - PROJECT MANAGEMENT 2 A. All damages or liability of any character including in part costs, expenses and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement; and B. All liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Consultant or any person or organization for whom the Consultant may be responsible, arising out of, in connection with, resulting from or caused by the performance or failure of performance of any work or services under this Agreement, or from conditions created by the Consultant performance or non - performance of said work or service. 6. General and Professional liability insurance. Consultant shall secure and maintain in full force and effect during the performance of all work pursuant to this Agreement a policy of comprehensive general liability insurance providing coverage of at least $1,000,000 per occurrence and $2,000,000 aggregate for personal injury; $1,000,000 per occurrence and $2,000,000 aggregate for property damage; errors and omissions insurance in the amount of $1,000,000; and automobile insurance as required by law. Each such insurance policy shall name the city as an additional insured. The Consultant agrees to provide thirty (30) days written notice to the City if the policies are cancelled for any reason. The City shall be named as a certificate holder on each insurance policy. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractor during the performance of this Agreement. Consultant shall make no claims for benefits for employment against the City including, but not limited to, sick leave, medical insurance, coverage under the City's State Department of Labor and Industries policy, vacation benefits, retirement, or unemployment benefits. Consultant shall comply with all State and Federal laws including, but not limited to, the requirements of RCW 50.04.0140 and RCW 51.08.195. 9. City approval. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City. CES Professional Services Agreement — PROJECT MANAGEMENT 3 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document and any schedules or exhibits listed in this agreement and attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Non- waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 13. Non - assignable. provision of this The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 14. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 15. General Provisions. For the purpose of this Agreement, time is of the essence. In the event a dispute regarding the enforcement, breach, default or interpretation of this Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Arbitration Rules (MAR); venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply; and the prevailing party shall be entitled to its reasonable attorney fees and cost. In the event any provision of this Agreement is deemed to be unenforceable, the other provisions of the Agreement shall remain in full force and effect. 16. Notices. Notices to the City of Pasco shall be sent to the following address: City of Pasco P. O. Box 293 Pasco, WA 99301 CES Professional Services Agreement — PROJECT MANAGEMENT 4 Notices to the Consultant shall be sent to the following address: Cascade Earth Sciences 12720 E. Nora Ave., Ste. A Spokane, WA 99216 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U. S. mails, with proper postage and properly addressed. DATED THIS DAY OF 120 CITY OF PASCO CONSULTANT: By: Matt Watkins, Mayor ATTEST: Debbie Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Steven L. Venner, CPAg Managing Soil Scientist CES Professional Services Agreement — PROJECT MANAGEMENT 5 Exhibit A Ahmad Qayoumi Director of Public Works City of Pasco PO Box 293 525 N. Third Avenue Pasco, WA 99301 SUBJECT: Proposal/Scope of Work for the Process Water Treatment System Optimization and Capital Improvement Plan - System Management Improvements and Data Management System Dear Mr. Qayoumi: Cascade Earth Sciences (CES) is pleased to submit this proposal for the System Management Improvements and Data Management System associated with the Process Water Treatment System Optimization and Capital Improvement Plan. Background The City of Pasco (City) treats and reuses the process water produced by the Pasco Processing Center by applying it to agricultural crops grown on the City's land treatment fields. The current treatment capability of the system is limited to the gross agronomic capacity of the soils and annual crop rotation. In an effort to optimize and increase the treatment capacity of the system, the City investigated the influence that process water pre - treatment and improved farm management techniques would have on its capacity. CES conducted a comprehensive inspection of the system from process water source to irrigation field with a team of specialists in engineering, agronomy, irrigation design, and operations. While the results of this assessment confirmed that the fields were essentially at their agronomic capacity, several strategies were identified whereby the City would be able to increase the overall capacity of the treatment system by using specific management and operational improvements and making several capital improvements. CES developed a Process Water Treatment System Optimization and Capital Improvement Plan consisting of four phases to implement these strategies and increase agronomic capacity. • Phase 1 improvements include fine screening and implementation of improved field monitoring and management. • Phase 2 improvements include sediment removal and surface (skim) removal of fats, oil, and grease (FOG). r CES Cascade Earth Sciences A vaknontV COMPANY Conserving Resources. Improving Life. 12720 E. Nora Ave., Ste. A Ph: 509.921.0290 Spokane, WA 99216 Fax: 509.921.1788 January 29, 2013 Ahmad Qayoumi Director of Public Works City of Pasco PO Box 293 525 N. Third Avenue Pasco, WA 99301 SUBJECT: Proposal/Scope of Work for the Process Water Treatment System Optimization and Capital Improvement Plan - System Management Improvements and Data Management System Dear Mr. Qayoumi: Cascade Earth Sciences (CES) is pleased to submit this proposal for the System Management Improvements and Data Management System associated with the Process Water Treatment System Optimization and Capital Improvement Plan. Background The City of Pasco (City) treats and reuses the process water produced by the Pasco Processing Center by applying it to agricultural crops grown on the City's land treatment fields. The current treatment capability of the system is limited to the gross agronomic capacity of the soils and annual crop rotation. In an effort to optimize and increase the treatment capacity of the system, the City investigated the influence that process water pre - treatment and improved farm management techniques would have on its capacity. CES conducted a comprehensive inspection of the system from process water source to irrigation field with a team of specialists in engineering, agronomy, irrigation design, and operations. While the results of this assessment confirmed that the fields were essentially at their agronomic capacity, several strategies were identified whereby the City would be able to increase the overall capacity of the treatment system by using specific management and operational improvements and making several capital improvements. CES developed a Process Water Treatment System Optimization and Capital Improvement Plan consisting of four phases to implement these strategies and increase agronomic capacity. • Phase 1 improvements include fine screening and implementation of improved field monitoring and management. • Phase 2 improvements include sediment removal and surface (skim) removal of fats, oil, and grease (FOG). Mr. Ahmad Qayoumi - City of Pasco ��C Process Water Treatment System Optimization and Improvement provement Plan System Management Improvement and Data Management System January 29, 2013 Page 2 • Phase 3 includes the construction of an Advanced Facultative Pond (AFP) to provide further biochemical oxygen demand (BOD) reduction and additional storage capacity. • Further increases in system capacity will come from expanding the total land base, which is considered Phase 4. Schedule The Process Water Treatment System Optimization and Capital Improvement Plan was completed in 2011. The engineering and design of Phase 1 (Screening) and Phase 2 (Sedimentation) was completed during 2012 and construction is planned for 2013. Also scheduled for 2013 is the Phase 1 implementation of improved field monitoring and management. This includes the System Management Improvements and the Data Management System. The engineering and design of Phase 3 (BOD Reduction and Additional Storage) is scheduled for early 2013 to meet a construction scheduled for late 2013 or early 2014. The water quality and operational improvements with Phases 1, 2, and 3 will allow consideration of Phase 4 planning for the 2014 crop growing season. Funding The Process Water Treatment System Optimization and Capital Improvement Plan project cost will be covered through a debt service plan recently approved by the Food Processors who use the treatment system. The Food Processors have agreed to move the project forward. Objectives This proposal is for System Management Improvement and Data Management System as described in the Process Water Treatment System Optimization and Capital Improvement Plan. This proposal has been prepared to provide a scope of work and cost estimate to: 1. Improve monitoring, management, and 'irrigation of the land treatment fields 2. Design and implement a data management system Scope of Work This scope of work has been prepared to optimize the existing system by improving the monitoring, management, and irrigation of the land treatment fields. Task 1 Soil Moisture Monitoring CES will evaluate, recommend, and help the City with the correct soil moisture monitoring system, monitoring location in each field, monitoring frequency, data outputs, and data use. Task 2 Crop Rotation Design and Harvest Management CES will work with the farmer co- operators to improve crop rotations and harvest timing favorable for increasing biomass production and process water application. CES will help the City to be more involved in farmer harvest schedules and initiate incentives for proper operation and information from the farmer co- operators. Mr. Ahmad Qayoumi - City of Pasco Process Water Treatment System Optimization and Improvement Plan System Management Improvement and Data Management System January 29, 2013 Page 3 Task 3 Land Treatment System Operation and Management Manual CES will design and implement a Land Treatment System Operation and Management Manual that explains specifically how to operate the land treatment fields. It will prescribe the monitoring and operating protocols in a way that the operators can use to properly operate the site. It will describe the soil moisture monitoring; the soil, water, and tissue monitoring; crop rotation and harvest control; irrigation uniformity and rate; and all other day to day operational aspects to achieve maximize system capacity. Task 4 Irrigation System Improvements CES will consult with Valmont Northwest to inspect and recommend pivot upgrades as needed. Of the 14 existing irrigation pivots, one pivot needs to have its sprinkler assembly completely reviewed and upgraded. In addition, an estimated 10 pivots have nozzle, regulator, and end gun issues due to the amount of sand and silt pumped through them in recent years. Task 5 Solids Management Plan CES will prepare a solids management plan for submittal to the Washington State Department of Ecology (Ecology) for approval of a pilot project to land apply the silts and other fine materials (solids) that will settle out in the sedimentation basins constructed as part of Phase 2. This plan is necessary before the solids can be land applied. Task 6 Data Management System CES will design and implement a data management system specific to process water reuse that will provide the operators and farmer co- operators with near real -time field -by -field nitrogen balances, hydraulic and nutrient loadings by field by day, and system management reports on- demand using the Water Sentinel®. It will track all important monitoring results such as process and fresh water flow, process and fresh water flow - weighted quality, soil nutrient levels, soil moisture, crop yield, crop tissue tests, etc. As part of this task, CES will provide training to the City and City - authorized personnel on how to use the Water Sentinel and includes the first year of annual maintenance. Task 7 Project Management CES will meet with the City to ascertain the City's project management expectations and requirements. Pending City approval, CES proposes to provide one detailed project update letter each month and to meet with the City over the phone at their convenience to review it and help ensure a thorough understanding of the project status. This update will include detailed information on work completed, projected work, and the budget. A summary budget status report will also be submitted with each monthly invoice. Deliverables: CES will meet with the City and farmer co- operators to gain the necessary information for Tasks 1 and 2. The information gained from these meetings will be used to develop the Task 1 and 2 outcomes. The appropriate operational instructions will be submitted to the City via email, technical memorandum, or in in- person meetings. This information will also be used, in part, Mr. Ahmad Qayoumi - City of Pasco US Water Treatment System Optimization and Improvement Plan System Management Improvement and Data Management System January 29, 2013 Page 4 for Land Treatment System Operation and Management Manual developed in Task 3. CES will subsequently deliver the Manual for City review and approval/ modification. CES will work with the City to track the irrigation pivots upgrades as they are approved by the City and completed by Valmont Northwest. CES will submit the Solids Management Plan to Ecology (Ecology) for their review and approval. We will also respond and address Ecology comments regarding the plan. Ecology invited the City to submit such a plan during the City's project kickoff meeting with Ecology in early 2012. If Ecology is not favorable or does not approve the plan, the City will need to explore alternative solids management options. Any such option could cost more than the land application option. CES will launch the data management system online with secure access for City approved personnel to begin managing the land treatment fields as described above. CES will also provide training and 3 hardcopies of a user manual to the City and City - authorized personnel on the use of the Water Sentinel. Project Cost Total Cost: $75,000.00 CES will honor the quoted cost estimate for ninety (90) days from the date of this estimate and thereafter reserves the right to make any necessary modifications. Schedule CES is prepared to begin work immediately upon authorization. The target date for completion of the System management improvement and data management system is late- summer 2013. Another schedule will be developed, if requested by the City. Quality CES is committed to providing quality products and services that consistently meet or exceed our clients' expectations. Safety CES is committed to its safety mission: "A passion for world -class safety: excellence in execution, employee commitment, innovation, exceptional communications... globally." CES employees will apply the principles of this mission to ensure that safety is a priority for the duration of the project and for everyone involved in its completion. Compensation The attached cost estimate is not a lump sum. Total estimated costs are based on available information used to develop the scope of work and are a "good faith" estimate of charges that will not be exceeded without additional authorization by the City. Actual billings will be based Mr. Ahmad Qayoumi - City of Pasco ��� Process Water Treatment System Optimization and Improvement Plan System Management Improvement and Data Management System January 29, 2013 Page 5 on a time and materials basis per the Schedule of Fees attached. CES reserves the right to change our Schedule of Fees on a yearly basis to reflect inflation and any increase in the cost of conducting business. Project related outside services and other direct expenses, as well as the markup associated with these items, are included in the overall cost of the project. If variables unknown at this time become apparent during the course of performing the services outlined and it is shown that additional staff time, materials, testing, etc. will be required; CES will suspend work until a revised Work Authorization has been signed by the City authorizing CES to proceed. The cost quotes contained in this proposal do not include sales or other applicable taxes. If it is determined that taxes are required, they will be in addition to cost quotes provided. All invoices net 30 days, 18% per annum. Terms and Conditions All work under this authorization shall be in accordance with the City of Pasco Professional Service Agreement provided by the City to CES. Work will commence upon receipt of this signed document, or a City of Pasco Purchase Order listing CES proposal number P201323003 for the amount of $75,000.00 at our Spokane field office. Please retain the copy of this proposal, with attached CES Schedule of Fees, for your files. Thank you for the opportunity to propose this scope of work and cost estimate. Please contact me at (509) 921 -0290 if you have any questions or comments. We look forward to working with you. Sincerely, CASCADE EARTH SCIENCES Steven L. Venner, CPAg Managing Scientist II SLV /sjr Enc: Schedule of Fees PPN: P201323003 Doc: P201323003 Pasco CIP Ops Improv.docx Mr. Ahmad Qayoumi - City of Pasco ��� Process Water Treatment System Optimization and Improvement Plan System Management Improvement and Data Management System January 29, 2013 Page 6 Authorization for CES to Provide Services CES is authorized to provide the services outlined for the estimated cost of $75,000.00. I understand this is an estimate of the project costs and that the estimate will not be exceeded without additional authorization. I also understand the scope of work, compensation, and terms and conditions provided in the proposal. Reviewed and Authorized By: Signature Date (if other than Client) or We have several invoicing options available. If you have special invoicing needs, please contact Dawn Nelson at (541) 812 -6617 or dawn.nelson@cascade- earth.com. If you would prefer to have us contact someone in your organization, please feel free to provide their contact information below: C� Cascade Earth Sciences a varnont V comPann SCHEDULE OF FEES Professional Services* • Administrative Support / Field Technician • Administrative Coordinator • Technician / Drafter / Technical Editor • Technician II / Engineering Designer • Environmental Scientist • Staff • Staff II • Project • Project II • Senior • Senior II • Managing • Managing II • Principal • Expert testimony @ 150% of the above rates $56 /hour $68 /hour $77 /hour $83 /hour $88 /hour $91 /hour $98 /hour $105 /hour $113 /hour $124 /hour $131 /hour $142 /hour $153 /hour $183 /hour *Professional staff including soil scientists, hydrologists, geologists, engineers, biologists, and contract administrators Reimbursables Expenses associated with the performance of services, including but not limited to: • CES -owned equipment, meals and lodging, and project materials as proposed • Mileage @ $0.65/ mile ($0.75 for 1/2-ton vehicle or larger) Outside Services Subcontracted services and equipment rental as proposed. Taxes Sales and other applicable taxes will be charged when necessary to meet tax requirements. Payment Invoices are to be paid within 30 days from date of invoice. Interest on late payments @ 18% per annum. AGENDA REPORT NO, 09 FOR: City Counci February 6, 2013 TO: Gary Crutch,! I ty Manager FROM: Ahmad Qayouei, Public Works Director Workshop Mtg.: 2/11/2013 Regular Mtg.: 2/19/2013 SUBJECT: Utility Easement Harris Property I. REFERENCE(S): 1. Vicinity Map 2. Utility Easement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 2/11: Discussion 2/19: MOTION: I move to accept the perpetual utility easement from The Harris Revocable Living Trust, for the Harris Road Irrigation Project and, further, authorize the City Manager to sign the easement document III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A) The subject property is situated north of the Columbia River and west of I -182, contiguous to the City's existing 10 -foot wide permanent easement. B) The City has been working with the Bureau of Reclamation (USBR) to obtain additional water rights. The Washington State Department of Ecology has also granted the City approximately $2 million in grants that will be used toward construction of an irrigation line and the design of a raw water intake. V. DISCUSSION: A) The Harris Revocable Living Trust, property owner, has agreed to grant the City temporary construction easements and joint use of a temporary 15 -foot construction easement for the purpose of constructing, operating, maintaining and all other uses or purposes related to an underground water main on parcels recorded as Tax Parcel ID No 118- 180 -068 & 118 -180 -139, in the amount of $16,500 compensation. Acceptance of the easements and conditions would allow construction of the underground water main. B) The easements are needed to construct an irrigation line along the existing 20" water main and to meet the Department of Health requirements. Staff recommends acceptance of the easements from The Harris Revocable Living Trust. 4(9) PERPETUAL UTILITY EASEMENT /TEMPORARY CONSTRUCTION EASEMENT Document Title: Perpetual Utility Easement/Temporary Construction Easement Grantor: The Harris Revocable Living Trust 11516 W. Court St. Pasco, WA 99301 Grantee: City of Pasco, Washington Abbreviated Legal Description: Ptn of NW 1/4 of Section 18, Township 9 North, Range 29 East, W.M. Assessor's Tax Parcel Number: 118180068&118180139 The GRANTOR, The Harris Revocable Living Trust, a legal entity, for mutual consideration acknowledged, being the owner of the following described lands, hereby grants to the GRANTEE, the City of Pasco, Washington, a Municipal Corporation, and to its successors or assigns, the following: The joint use of a perpetual non - exclusive 15 -foot utility easement for the purpose of constructing, operating, maintaining, and all other uses or purposes which are or may be related to an underground water main with appurtenances, upon, over, and under that portion of real property as legally described on the attached and incorporated Exhibit A. Together with The joint use of a temporary 15 -foot construction easement for the purpose of constructing an underground water main with appurtenances, upon, over, and under that portion of real property as legally described on the attached and incorporated Exhibit A. It is expressly understood that the Grantee shall have full power and authority of ingress and egress over and across the above described property to construct, operate, and maintain an underground water main with appurtenances, on or under the said easement area; to inspect and make such repairs, changes, alterations, improvements, removals from, and substitutions and additions to, their facilities as the Grantee may from time to time deem advisable; to cut, trim and control the growth by chemical means, machinery or otherwise, of trees and shrubbery located within the easement area; to keep said easement area clear of all buildings, structures or other obstructions and to license, permit or otherwise agree to the joint use of occupancy of the trench and related underground facilities, by any other person, association, corporation, or municipality. Grantor reserves the right to the use and enjoyment of the property described herein, but such use shall not conflict or interfere with the Grantee's right herein granted. Grantor will not cut off access to the property. Grantee shall cause no liens to stand against the property. The Grantee agrees to indemnify, defend and hold harmless the Grantor from any and all claims, causes of action, losses, damages, and expenses which arise solely from the negligent acts or omissions of the Grantee, its employees, agents or contractors or any breach by them of applicable law or agreement. However, the Grantee shall not be responsible for Grantor or Grantor's agents, guest, or employees for any damages or injury to any person or property caused by acts or omissions of Grantor, including Grantor's agents, guests, or invitees pursuant to this Easement. The rights and obligation of the parties shall be for the benefit of and be binding upon their respective successors, heirs, and assigns. The Perpetual Easement described herein touches and concerns that real property described above and shall run with the land. The temporary easement, and all rights granted herein, shall terminate automatically without notice to the Grantor thirty days following final acceptance by the City of the constructed improvements within the easement. DATED this day of STATE OF WASHINGTON ) ss: COUNTY OF 2012 THE HARRIS REVOCABLE LIVING TRUST On this _ day of 0 2012, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared who acknowledged him /herself to be the of The Harris Revocable Living Trust, the legal entity that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said legal entity, for the uses and purposes therein mentioned, and on oath states that he /she, as such officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained, by signing the name of the legal entity as said officer. APPROVED AS TO FORM ONLY: Notary Public in and for the State of Washington residing at My Commission expires: ACCEPTANCE OF DEDICATION Leland B. Kerr, City of Pasco Attorney Date Gary Crutchfield, City of Pasco City Manager Date EXHIBIT " A I CITY OF PASCO WATER LINE EASEMENT (HARRIS) A 15.00 FOOT PERMANENT WATER LINE EASEMENT LYING NORTHWESTERLY AND CONTIGUOUS TO THE 10.00 FOOT WIDE PERMANENT EASEMENT GRANTED TO THE CITY IN VOL. 398, PG 237 RECORDS OF FRANKLIN COUNTY, BEING A PART OF SECTION 18, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERDIAN. A 15.00 FOOT TEMPORARY CONSTRUCTION EASEMENT BEING THE NORTHWESTERLY 15.00 FEET (TO BE VOID AT THE END OF CONSTRUCTION) OF A 30.00 FOOT STRIP LYING NORTHWESTERLY AND CONTIGUOUS TO THE 10.00 FOOT WIDE PERMANENT EASEMENT GRANTED TO THE CITY IN VOL. 398, PG 237 RECORDS OF FRANKLIN COUNTY, BEING A PART OF SECTION 18, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERDIAN -7/2-3/ V1, . � w U �_ } J 5 3w maw pod W�o 00 �Om rn C.7 Q \ CL Z 0 0 0 a��30) \ \\ HWm �I tO \ \\ mOLO V1M pmJ \ \\ XO ^ wx�oaQrnLC)00 LLF rn O \ \\ \ 0 0 F- \ \\ \ v' ° zz \ ~ 0 v z \ \\ LS a � \\ \ ° CD NZ aN \ Y. wa W� UH Q� il1� OH \\ U Z \ \\ \ W Q O } W \ \\ K < Q F Z \ d \ \ 5::3 Of N F- a � W O Z \ \\ W \\ OQ }:2 \ Q d W N 3 U N �\\ _0 0 z oW a WZ � o CL a � ZN w 1= a �' d X w R7 OJ V AGENDA REPORT FOR: City Council P, February 6, 2013 TO: Gary Crutchfield, 4'anager Workshop Mtg.: 2/11/13 Regular Mtg.: 2/19/13 FROM: Bob Metzger, Chief of Police SUBJECT: Interagency Agreement for School Resource Officer Services I. REFERENCE: A. Proposed Interagency Agreement II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS: 2/11: Discussion 2/19: MOTION: I move to approve the two -year Interagency Agreement with the Pasco School District for school resource officer services and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: 2012 — 2013 City Funds: $272,736, for 4 school officers 2013 — 2014 Pasco School District Funds: $277,344, for 4 school officers. IV. HISTORY AND FACTS BRIEF: A) School Resource Officers (SRO) are full -time uniformed police officers primarily dedicated to providing law enforcement resource services to assigned schools and surrounding neighborhoods. SRO's are assigned to work at their assigned school for eight hours each scheduled school day. SRO's are assigned to work normal patrol duties when school is not in session. B) The Interagency Agreement between Pasco School District and the City of Pasco provides four SRO's (one SRO per school) at Stevens Middle School, Ochoa Middle School, Pasco High School, and Chiawana High School. C) The proposed Interagency Agreement is a two -year agreement effective August 2012 through June 2014. The School District will reimburse the City for the salary and fringe benefits costs for four (4) officers at the top salary level for police officer for 180 school days per year (8 hours per school day). D) It is understood by both parties that negotiations will be done in 2013 for a successor Collective Bargaining Agreement between the City of Pasco and the Pasco Police Officer's Association. The current agreement expires 1/2014. A settlement of that contract will likely include an increased wage provision. Any increase in the wage rates or fringe benefit costs for the officers in the successor agreement would require an adjustment of the reimbursement costs paid by the School District for services in 2013 and 2014, including retroactive payments. 4(h) INTERAGENCY AGREEMENT Between Pasco School District No. 1 And City of Pasco, Washington This agreement, pursuant to Chapter 39.34 RCW is made and entered into by and between the Pasco School District No. 1, hereafter referred to as the "District" and the City of Pasco, a municipal corporation of the State of Washington, hereafter referred to as the "City." No special budget or funds are anticipated, nor shall be created. It is not intended that a separate legal entity be established to conduct this cooperative undertaking, nor is the acquiring, holding, or disposing of real or personal property other than as specifically provided within the terms of this Agreement, anticipated. The Chief of Police of the City of Pasco, Washington, shall be designated as the Administrator of this Interlocal Agreement. This Agreement shall be filed with the Franklin County Auditor, or alternatively listed by subject on either parties' website or other electronically retrievable public source. It is the purpose of this agreement to 1. Enhance the safety and security of students, teachers, staff, and visitors and provide patrol of the various campuses of the District located within the City of Pasco, Washington. 2. Provide for the presence of armed and uniformed City Police Officers both inside and outside the school buildings on selected campuses of the District during certain school hours in support of such safety and security and the maintenance of a secure and peaceful learning atmosphere. 3. Provide for prevention, intervention, and prompt effective enforcement by the City's Police Department in situations involving, but not limited to: a. Maintenance of order b. Use, possession, or sale of illegal drugs and alcohol on school premises C. Crimes against persons d. Crimes against property e. Any other situations or activities which require the intervention of law enforcement officers; and 4. Provide for participation by police officers in the educational activities and role modeling to foster and enhance knowledge of and respect for law enforcement and law enforcement officers by students and the community. 5. Provide positive and supportive interface between law enforcement representatives and the District's substance abuse and harassment prevention efforts including, but not limited to Natural Helpers, Student Assistance Teams, and other intervention and prevention efforts by the District. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 1 of 6 It is therefore mutually agreed that: 1. Statement of Work. The City shall furnish the necessary personnel and services and otherwise do all things necessary for and incidental to the performance of the work stated herein. The City shall: a. Station a full -time uniformed police officer at each of the following schools during the 180 days when school is in session during the months of August through June: (1) Pasco High School (8 hours /day) (2) Chiawana High School (8 hours /day) (3) Stevens Middle School (8 hours /day) (4) Ochoa Middle School (8 hours /day) Office space shall be provided as available at each school for the use of the School Resource Officer. Such office shall be equipped with one office desk and chair, and one locking cabinet. The City shall provide a lockable cabinet capable of securing police department equipment when not in use by the officer. b. Cooperate with the District to provide training and education to each assigned officer to insure effective communication and interrelation with the school community and its students; C. Cooperate with the District to monitor and evaluate the effectiveness of the assigned officers and the program; d. Meet as needed during the academic year with the District's representative (as designated by the District) to evaluate the effectiveness of the program; e. Cooperate with the District's representative to investigate and report on any complaints regarding the conduct of an assigned officer, share fully, as permitted by law, with the District's representative all results of such investigations for the purpose of responding to each complaint and cooperate to resolve each complaint. Provided, that it shall be the responsibility of the District to respond to any complaint the District received from a student, parent or patron of the District and communicate the results of any investigation to such person or persons. 2. Terms and Conditions. All rights and obligations of the parties to this agreement shall be subject to and governed by the terms and conditions contained in the text of this agreement. 3. Period of Performance. Subject to its other provisions, the period of performance of this agreement shall commence in August 2012 and be completed in June 2014 unless terminated sooner as provided herein. The principal of each building shall be responsible for notifying the Chief of the City's Police Department of the school calendar, schedule of events and activities, and any changes in the same. The principal shall determine the specific hours when an officer shall be present within the limits set forth in Section La. of the Agreement. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 2 of 6 4. Payment. Based upon the negotiated wage agreement between the City and the police officers collective bargaining unit, the District shall reimburse the City for its expenses in employing four (4) officers for 180 days or 5,760 hours each year of this agreement as follows: a. For August 2012 through June 2013, an estimated total of two hundred seventy - two thousand seven hundred thirty -six dollars ($272,736). b. For August 2013 through June 2014, an estimated total of two hundred seventy - seven thousand three hundred forty -four dollars ($277,344). Actual amounts are to be determined by the parties based upon any negotiated wage increase between the City and the police officer's collective bargaining unit. C. Due to early release days and other regularly scheduled non - school days when an officer's presence is not required for a full eight (8) hours, in consideration for compensation as stated in section 4 above, the City agrees to provide officers during the school year for activities outside of the regularly scheduled school assignment. Requests for an officer's presence at school activities outside of the officer's regularly scheduled school assignment during the school year will be compensated separately at the estimated rate of $46.95 per hour for 2012, $47.75 per hour for 2013, and $48.56 per hour for 2014. 5. Billing Procedure. The City shall submit a monthly invoice or billing statement to the District. Payment shall be made to the City according to the regular procedures of the District. If for any reason the District exhausts its budgeted funds for payment to the City for its services described herein or funds from any expected funding source become unavailable, the District shall notify the City and the obligations of the City shall immediately cease and this agreement terminate, unless the district otherwise assumes the obligations for the payment of services rendered by the Police Department. 6. Non - discrimination. In the performance of this agreement, the District and the City shall comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC 200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 7904) and Chapter 49.60 RCW, as now and hereafter amended. Both shall not, except as they may be specifically allowed by laws to do so, discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam -Era and Disabled Veterans status, or the presence of any sensor, mental, or physical handicap. In the event of non - compliance by either party or refusal to comply with the above provisions this agreement may be rescinded, canceled, or terminated in whole or in part. The non- complying party shall, however, be given a reasonable time in which to cure this non- compliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 7. Records Maintenance. The City shall maintain books, records, documents and other evidence that sufficiently and effectively reflect all direct and indirect cost expended in the performance of the services described herein. These records shall be subject to inspection, review or audit by the personnel of both parties, other personnel authorized by either party, the Office of the State Auditor and federal officers, if any, so authorized by law. The City and Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 3 of 6 District shall retain all books, records, documents, and other materials relevant to this agreement for five (5) years after expiration. The office of the State Auditor, federal auditors, and any persons authorized by the parties shall have full access and the right to examine any of these materials during this five -year period. 8. Responsibilities and Authority of School Administrator. The principal or other administrator designated by the District is responsible for the supervision and daily operations of the school shall, subject to the lawful exercise of the officer's law enforcement responsibilities, schedule, assign and direct the officer's duties under this agreement. The principal is responsible for the investigation of non - criminal incidents that occur at or are related to the school. If the principal finds that he or she or any individual is in physical danger, the principal may request the law enforcement officer to assist him or her. In the case of a search of student property for the violation of District rules or other administrative reasons, the school principal or designated administrator or District employee will conduct the search. Once the principal has reason to believe that a crime has been or may be committed, the principal or other designated administrator shall request the law enforcement officer to assume responsibility. The building administrator shall have the responsibility to contact and report to parents and patrons regarding activities and findings of the law enforcement officer, where appropriate. 9. Indemnification. Each party shall defend, protect and hold harmless the other party from and against all claims, suits and/or actions arising from any negligent or intentional act or omission of that party's employees or agents while performing under this agreement. 10. Agreement Alterations and Amendments. The District and the City may mutually amend this agreement. Such amendments shall not be binding unless they are in writing and signed by the personnel authorized to bind the District and the City. 11. Termination. Except as otherwise provided for in this agreement, either party may terminate this agreement by providing sixty (60) days advance written notification to the other party of their intent to terminate the agreement. If this agreement is so terminated, the terminating party shall be liable only for performance, in accordance with the terms of this agreement for performance rendered prior to the effective date of termination. 12. Savings. Should any portion of this agreement be declared illegal, the balance of the agreement shall remain in full force and effect to carry out the purposes of this agreement. 13. Disputes. In the event that a dispute arises under this agreement, it shall be resolved in the following manner: The Director of Educational Services of the District shall appoint a member to the Dispute Board. The Pasco Chief of Police shall appoint a member to the Dispute Board. The Director of Educational Services and the Pasco Chief of Police shall jointly appoint a third member to the Dispute Board. That person shall act as chairperson, convene the Dispute Board and cause a determination of the dispute, arrived at by a majority of the Board, to be rendered in a timely manner. The determination of the Dispute Board shall be final and binding on the District and the City. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 4 of 6 14. Notices. Any notices required herein or related hereto shall be delivered in writing to the District at: And to the City at: Pasco School District No.1 Attn.: Superintendent 1215 West Lewis Street Pasco, WA 99301 Chief of Police Pasco Police Department 525 North 3'd Avenue Pasco, WA 99301 15. All Writings Contained Herein. This agreement contains all the terms and conditions agreed to by the parties. No understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties to this agreement. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 5 of 6 In Witness whereof, the parties have executed this agreement effective this January 2013. City of Pasco: Matt Watkins Mayor Attest: Debbie Clark City Clerk Approved as to Form: Leland Kerr City Attorney Pasco School District No.1 a6xw, Sherry Lancon President, Board of Directors Saundra Hill Superintendent hom n General Counsel Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 6 of 6 day of AGENDA REPORT FOR: City Council ,\ TO: Gary Crutchfi anager Rick Terway, M'rt d mini Community Services FROM: Debbie Clark, City Clerk SUBJECT: Disposal of Surplus Property I. REFERENCE(S): 1. Proposed Resolution February 5, 2013 Workshop Mtg.: 02/11/13 Regular Mtg: 2/19/13 II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 02/11: Discussion 02/19: Motion: I move to approve Resolution No. authorizing the disposal of a check signer machine and a star dock surplus to City needs. III. FISCAL IMPACT: None IV, HISTORY AND FACTS BRIEF: A) The Administrative and Community Services Department has two items which are surplus to City needs. The first item is a Headman Check Signer /Dater Machine purchased in 1992 that is now technologically obsolete. The new value is $3,500 and estimated disposal value is over $500. This item will be disposed of by auction consignment for a price that is in the best interest of the city. B) The second item is a Star Dock which was acquired as part of the property remaining at the Pasco Boat Basin when Cascade Marina vacated the property. This dock was located where the new 30 slip dock is now positioned. The Star Dock was dismantled and 40% of it will be reused to facilitate access to the newly installed covered moorage and the remaining dock part could exceed $500 in salvage value. The current lessee will transport the dock to the salvage yard. C) Staff recommends approval of the proposed Resolution. 4(i) RESOLUTION NO. A RESOLUTION authorizing the sale of equipment surplus to City needs. WHEREAS, there are certain equipment items surplus to City needs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: SECTION 1: The equipment listed are declared surplus property: 1) Headman Check Signer /Dater Machine, purchased 1992, estimated value is over $500 2) Star Dock, estimated 20 years old, value maybe over $500 SECTION 2: City staff is hereby authorized to dispose of said surplus property at auction or for scrap for a price that is in the best interest of the City. PASSED by the City Council of the City of Pasco, at a regular meeting this day of February 2013. CITY OF PASCO Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council p i TO: Gary Crutchfi 0 Manager FROM: Stan Strebel, DEputy City Manager 4V51� SUBJECT: Property Purchase I. REFERENCE(S): 1. Vicinity Map 2. Overview Map 3. Real Estate Purchase Agreement February 5, 2013 Workshop Mtg.: 2/11/13 Regular Mtg.: 2/19/13 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 2/11: Discussion 2/19: MOTION: I move to authorize the City Manager to provide written "Notice to Proceed" for the purchase of real property from Old Standard Life Insurance Company, in Liquidation; and to convert the Earnest Money Note ($60,000) to cash. III. FISCAL IMPACT: Earnest Money /Deposit of $60,000; Economic Development Fund IV. HISTORY AND FACTS BRIEF: A) Council approved execution of the purchase agreement with Old Standard Life Insurance Company for the property to accommodate the proposed regional aquatics facility in November. The agreement provides that the City, after a 90- day due diligence period (expiring February 24) must issue a notice to proceed and convert the $60,000 earnest money note to cash (the City has until January 31, 2014 to complete closing); failure to do so will terminate the purchase agreement. B) In January, the Tri- Cities Regional Public Facilities District (TCRPFD) confirmed the aquatics facility as the project it will submit for voter approval, with the subject property as the preferred site. The TCRPFD is in the process of refining the plan for the aquatics facility and determining whether to place the sales tax issue on the August (primary) or November (general) election ballot. C) The City has completed a Phase I Environmental Review (with no resulting issues identified), and is in the process of completing its review of documents affecting the title to the property. (At this writing, staff is waiting to complete resolution of some questions regarding the restrictive covenants and the Architectural Review Committee established by the covenants.) Staff is confident that the final questions can be addressed and resolved prior to the expiration of the due diligence time period. D) The properties in the Broadmoor area (including the subject) are covered by covenants and assessments for common area landscape (along Sandifur Parkway) maintenance. The annual assessment for the property (28 acres) is about $18,000, which would not have to be assumed until closing. V. DISCUSSION: A) Staff recommends Council authorize the City Manager to issue the notice to proceed. 4(j) REAL ESTATE PURCHASE AGREEMENT, SUBJECT TO LIQUIDATION COURT CONFIRMATION THIS REAL ESTATE PURCHASE AGREEMENT, SUBJECT TO LIQUIDATION COURT CONFIRMATION ( "Agreement") is entered into as of the date signed by the last of the parties hereto (the "Effective Date") by and between OLD STANDARD LIFE INSURANCE COMPANY, IN LIQUIDATION, an Idaho Corporation ( "Seller") and THE CITY OF PASCO, and /or assigns ( "Buyer'). ARTICLE 1. PROPERTY: PURCHASE PRICE SECTION 1.01. Buyer agrees to purchase from Seller all of Seller's right title and interest in and to that certain real property located in the City of Pasco, Franklin County, State of Washington, more particularly described on Exhibit A attached hereto and by this reference incorporated herein and all fixtures, buildings, and improvements thereon (the "Property') on the terms and conditions set forth below. SECTION 1.02. The purchase price for the Property shall be the sum of Two Million Eight Hundred Thousand and No /100ths Dollars ($21800,000.00) payable by Buyer to Seller as follows: (a) $60,000 To be deposited by the Buyer in escrow with the Title Company within one (1) business days after the Effective Date (the "Deposit"). Initially, the Deposit shall consist of an earnest money note in the form attached hereto as Exhibit B (the °Earnest Money Note "). The Earnest Money Note shall be converted to cash upon Buyer's issuance of a Notice to Proceed. (b) $2,740,000 Balance due at Closing. (c) $2,8007000 Total Purchase Price ARTICLE 2. ESCROW SECTION 2.01. OPENING ESCROW AND CLOSING. An escrow shall be opened at First American Title Insurance Company, 200 SW Market Street, Suite 250, Portland, Oregon 97201, herein referred to as the "Title Company", to consummate the purchase of the Property pursuant to this Agreement. The closing of the sale and conveyance of title on the terms and conditions hereof (the "Closing") will take place commencing at 10:00 A.M. at the office of the Title Company, or at such other time and /or location as the parties agree, on January 31, 2014 (the "Closing Date "); provided that if such date is not a business day, on the next succeeding business day. SECTION 2.02, CONDITIONS OF CLOSING. The Closing of sale and conveyance of title to the Buyer and the respective obligations of Buyer and Seller to consummate the transactions contemplated under this Agreement are conditioned on: 37711010 1 V2011z Mh1WeY%01d standard Ufeibmdm pesco paa.3 (a) Liquidator and/or Court Confirmation of this sale as follows: Seller shall have accepted this Agreement by executing below in the space provided. When this Agreement has been accepted in this manner, it shall constitute a binding obligation upon the Buyer to purchase and Seller to sell the Property on the terms and conditions as set forth herein. Seller shall petition the District Court of the Fourth Judicial District of the State of Idaho, in and for the County of Ada, in connection with Case Number CV OC 0401574D (hereinafter "Courf') for confirmation of this Agreement no later than thirty (30) days after the date of Buyer's issuance of the Notice to Proceed. The Court shall have entered an order approving this Agreement and the transactions contemplated hereunder (the "Sale Ordel ). Upon the Court's entry of the Sale Order, the Deposit shall be disbursed to Seller; provided, however, if a party objected to entry of the Sale Order, then the Deposit shall not be disbursed to Seller until the Sale Order becomes a Final Order. The parties hereby authorize and direct the Title Company to disburse the Deposit to Seller. If the Court denies Seller's motion for the Sale Order, then this Agreement shall automatically terminate and the Deposit shall be refunded to Buyer. 4. The Sale Order shall have become a Final Order. As used in this Agreement the term "Final Order' shall mean an order of the Court as to which the time for appeal has expired without a notice of appeal having been filed or, if a notice of appeal has been filed, as to which no stay pending appeal has been entered; provided that the possibility that a motion under Rule 59 or Rule 60 of the Idaho Rules of Civil Procedure, may be filed with respect to such order shall not cause such order not to be a Final Order. (b) No domestic or foreign, federal, state, county, parish, municipal or other local court, agency, department, legislative body, commission, council, board or other administrative of governmental body shall have issued any order, writ, judgment, injunction, decree, determination or award that directs that the transactions contemplated hereunder not be consummated. (c) The conveyance to Buyer of title by Special Warranty Deed free of liens, encumbrances, easements, restrictions, rights and conditions of record or known to Seller, other than the following (each a "Permitted Encumbrance "): 1. Current property taxes and current bond(s) or improvement assessment(s), if any; 2. Matters not in the public record which would be disclosed by a survey or physical inspection of the Property; and 3771/010 11/20/12 _ aN&A01d *Wderd IXe%!Xwdm r 2 Pae pm.3 3. Covenants, conditions, restrictions, easements, and other matters of record, if any, unless disapproved by Buyer in writing within twenty (20) days of receipt of a current commitment for issuance of an ALTA owner's policy in the amount of the Purchase Price issued by the Title Company, together with legible copies of all documents referenced therein (collectively, the "Title Commitment'), which shall be furnished at Seller's expense. Any matter shown on such Title Commitment and not objected to by Buyer shall be a Permitted Encumbrance hereunder. Seller will have five (5) days after receipt of Buyer's objections to cure such objections. If Buyer's objections are not cured within such 5-day period, Buyer will have the option to either: (a) terminate this Agreement, in which case the Deposit shall be refunded to Buyer; or (b) waive the objections and proceed to Closing, in which case such matters shall be Permitted Encumbrances. Seller shall furnish the Title Commitment to Buyer within ten (10) days after Seller's acceptance. At the Closing, Seller shall cause the Title Company to irrevocably commit to issue an owner's policy of title insurance in the form of a "marked up" Title Commitment or a proforma showing title to the Property vested in Buyer subject only to the Permitted Encumbrances. Seller shall pay the portion of the title insurance premium applicable to a standard ALTA form owner's policy. Buyer shall pay the portion of the premium attributable to extended coverage and the cost of any endorsements required by Buyer. (d) [Intentionally omitted]. (e) The purchase of the Property is contingent upon a ninety (90) day due diligence and feasibility period (hereinafter referred to as the "Due Diligence Term ") which shall commence upon the Effective Date. During the Due Diligence Term, Buyer may complete physical and geological inspections of the Property and improvements thereon, including but not limited to, taking soil borings as desired, obtaining engineering studies, and such other matters relating to the Property as Buyer deems appropriate, so as to ensure that the Property is acceptable in its "As -Is" condition. Such inspection shall be at Buyer's sole cost and expense. Buyer will indemnify, defend, and hold Seller harmless from and against any claims for injury or death to persons, damage to property or other losses, actual damages or claims, including, without limitation, claims of any tenants, and including, in each instance, reasonable attomeys' fees and litigation costs, arising out of any action of any person or firm entering the Property on Buyer's behalf as aforesaid, which indemnity shall expressly survive Closing or the earlier expiration or termination of this Agreement. BUYER IS PURCHASING THE PROPERTY "AS IS, WHERE IS" IN ITS PRESENT CONDITION. BUYER HAS THE OPPORTUNITY TO INSPECT THE PROPERTY AS PROVIDED HEREIN. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH 3771/010 11(20/12 3 cshlpleyVd standard 11f0 bMadmm pasm psa,3 i RESPECT TO, HEREBY DISCLAIMS, AND SHALL HAVE NO LIABILITY FOR; (A) THE CONDITION OF THE PROPERTY OR ANY BUILDINGS, n STRUCTURES OR IMPROVEMENTS THEREON OR THE SUITABILITY OF THE PROPERTY FOR HABITATION OR FOR BUYER'S INTENDED USE, 9 (B) ANY APPLICABLE BUILDING, ZONING OR FIRE LAWS OR r s REGULATIONS OR WITH RESPECT TO THE EXISTENCE OF OR COMPLIANCE WITH ANY REQUIRED PERMITS, IF ANY, OF ANY GOVERNMENTAL AUTHORITY; (C) THE AVAILABILITY OR EXISTENCE OF ANY WATER, SEWER OR UTILITIES, ANY RIGHTS THERETO, OR ANY r WATER, SEWER OR UTILITY DISTRICTS; (D) ACCESS TO ANY PUBLIC OR > PRIVATE SANITARY SEWER OR UTILITY SYSTEMS; OR (E) THE v r s PRESENCE OF ANY HAZARDOUS SUBSTANCES AT THE PROPERTY OR IN .� ANY IMPROVEMENTS ON THE PROPERTY, INCLUDING WITHOUT ai LIMITATION ASBESTOS OR UREA - FORMALDEHYDE, OR THE PRESENCE T OF ANY ENVIRONMENTALLY HAZARDOUS WASTES OR MATERIALS ON IN OR UNDER THE PROPERTY. BUYER ACKNOWLEDGES THAT BUYER IS , L GIVEN THE OPPORTUNITY UNDER THIS AGREEMENT TO FULLY INSPECT THE PROPERTY AND BUYER ASSUMES THE RESPONSIBILITY AND RISKS OF ALL DEFECTS AND CONDITIONS AT THE PROPERTY, INCLUDING = - WITHOUT LIMITATION, SUCH DEFECTS AND CONDITIONS, IF ANY, THAT CANNOT BE OBSERVED BY CASUAL INSPECTION. V During the term of this Agreement and at any time following the expiration or # r earlier termination thereof, upon Seller's request, Buyer shall provide Seller with t 3 copies of any third party reports or surveys obtained by Buyer during the Due Diligence Term and any extensions thereof at no cost to the Seller. Upeq Vpy v'5 Prior to the end of the Due Diligence Term, the Buyer must accept the Property in its "As Is" condition. Said acceptance must be delivered to the Seller in writing reflecting that all contingencies set forth in this subsection (e) have been removed and Buyer's acceptance or waiver of all title matters in Section 2.02(c) (the "Notice to Proceed"). Upon Buyer's issuance of the Notice to Proceed (i) the Earnest Money Note shall be converted to cash, and (ii) subject to Section 2.03 below, the Deposit shall be non - refundable to Buyer but applicable to the Purchase Price. If for any reason during Due Diligence Term, Buyer finds the Property unacceptable, in Buyer's sole and absolute discretion, Buyer must advise Seller in writing and the Agreement thereupon shall be terminated and the Earnest Money Note shall be returned to Buyer. If Buyer fails to issue the Notice to Proceed on or before the last day of the Due Diligence Term, then this Agreement shall automatically terminate and the Earnest Money Note shall be returned to Buyer. SECTION 2.03. FAILURE OF CONDITIONS. If any condition specified in Section 2.02 above is not satisfied or waived within one hundred eighty (180) days after the Effective Dale, then either party may, at any time thereafter, elect to terminate this Agreement by giving written notice to the other party and the Title Company. The Title Company shall be, and is hereby, irrevocably instructed by Seiler on receipt of such notice from either 37711010 1112(Y12 _ A - czhVeylold standard lifelbroadmoor pasco psa.3 party, to immediately refund to Buyer all monies and instruments deposited in escrow pursuant to this Agreement by Buyer. SECTION 2.04. PRORATIONS. The following prorations shall be made between Buyer and Seller at Closing: property taxes, rents, homeowner's /association dues (if applicable), and N/A SECTION 2.05. BONDS AND ASSESSMENTS. Any bonds or improvement assessments which are a lien on the Property shall, at Closing, be paid /assumed by Buyer, except any past due/delinquent amounts shall be paid by Seller at Closing. SECTION 2.06. BROKERS' COMPENSATION AND DISPOSITION FEES. If Buyer is confirmed as the purchaser of the Property and thereafter performs in accordance with this Agreement, any and all compensation and disposition fees due to real estate or other brokers shall be paid by Seller at Closing based upon the confirmed sales price or, if no overbidding occurs, as follows: NIA of the accepted price to N/A , who represents Seller; and NIA of the accepted price to N/A who represents Buyer. Seller and Buyer each warrant that they have dealt with no other real estate brokers in connection with this transaction except those brokers stated above. SECTION 2.07. EXPENSES OF ESCROW. The expenses of the escrow described in this section shall be paid in the following manner: (a) The cost of recording any deeds or other instruments required to convey title of the Property to Buyer as described in Section 2.02 of this Agreement shall be paid by Buyer. (b) Seller shall pay all real estate excise tax payable in connection with this transaction. (c) Any escrow fee charged by the Title Company shall be paid as follows 50% by Seller and 50% by Buyer. SECTION 2.08. POSSESSION. Possession of the Property shall be delivered to Buyer upon Closing. SECTION 2.09. TITLE. Title shall vest as follows: to Buyer, or an assign or a nominee, with Buyer remaining liable for the Purchase Price and any and ail duties and obligations of the Buyer until the Close of Escrow, which shall be designated in writing by Buyer no later than 5 days prior to the Closing. SECTION 2.10. DISCLOSURE STATEMENT. Buyer and Seller agree and acknowledge that the Real Property constitutes "Commercial Real Estate" as defined in RCW 64.06.005. Buyer hereby waives receipt of a seller disclosure statement required 377110101120/12 mhVeylcid standard I(felbr edm ' S - paste pea.3 under RCW 64.06 for transactions involving the sale of commercial real estate except for the section entitled "Environmental ". The seller disclosure statement as completed by Seller is attached to this Agreement as Exhibit C (the "Disclosure Statement"). Buyer acknowledges its receipt of the Disclosure Statement and waives its right to rescind the Agreement under RCW 64.06.030. Buyer further agrees and acknowledges that the Disclosure Statement (a) shall be for disclosure only, (b) shall not be considered part of this Agreement, and (c) shall not be construed as a representation or warranty of any kind by the Seller. ARTICLE 3. MISCELLANEOUS SECTION 3.01. DEFAULT BY Buyer. Should Buyer fail to complete said purchase as herein provided by reason of any default of Buyer, Seller shall be released from its obligation t sell the Property to Buyer and Seller shall retain the Deposit, as liquidated damages f default as Seller's sole and exclusive remedy hereunder. Buyer: SECTION 3.02. TIME. /Time is of the essence in the performance of this Agreement. SECTION 3.03. MODIFICATIONS. All modifications or extensions shall be in writing signed by all parties. SECTION 3.04. LAND USE RESTRICTIONS. Buyer shall satisfy itself through sources of information, other than the Seller or real estate brokers, or salespersons of such brokers in this transaction, whether any public or private action in the form of a vote, initiative, referendum, local ordinance, law, or other measure presently in force or contemplated by a governing or other body may halt entirely or otherwise restrict Buyer's use of the Property for improvement or other use, and Buyer acknowledges that it has not relied on any advice or representations by the Seller or real estate representatives in this transaction for such independent information to any extent. SECTION 3.05. NOTICES. Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either party hereto, or the Title Company, shall be in writing and shall be deemed duly served and given when (a) personally delivered to any of the parties, to whom It is directed; (b) by deposit in the United States mail as first -Gass certified mail, return receipt requested, postage paid; (c) by overnight nationwide commercial courier service; or (d) by telecopy transmission with a confirmation copy to be delivered by duplicate notice in accordance with any of clauses (a) through (c) above, in each case, to the party intended to receive the same at the following address(es): 37711010 1120/12 _ C%Weybid Nandard IMolbroadm B Paaw psa.3 If to Buyer: City of Pasco 525 North Third Avenue P.O. Box 293 Pasco, WA 99301 Attn: City Manager Phone: 509 - 545 -3404 Fax: 509 -545 -3403 With copy to: Kerr Law Group 7025 West Grandridge Blvd., Suite A Kennewick, WA 99336 Attn: Lee Kerr Phone: 509 -735 -1542 Fax: 509- 735 -0506 If to Seller: Old Standard Life Insurance Company. In Liquidation C/o VIDA Consulting, Inc. 1520 Hill Drive Los Angeles, CA 90041 Attn: Jackie Muro Phone: 310- 801 -0611 Fax: 323 - 259 -9773 With copy to: Old Standard Life Insurance Company, In Liquidation c/o Kane Corporation 67 Selby Lane, Suite 100 Atherton, CA 94027 -3926 Attn: Peter C. Kane Phone: 650 - 369 -9100 Fax: 650 - 369 -9106 3771/010 I MM12 .7- mhigle&ld B+.ndMd IiWbm dm r pae PU.3 and to Alston Courtnage & Bassetti LLP 1420 Fifth Avenue, Suite 3650 Seattle, WA 98101 Attn: Charles E. Shigley Phone: 206- 623 -7600 Fax: 206- 623 -1752 If to the Title Company: First American Title Insurance Company 200 SW Market Street, Suite 250 Portland, OR 97201 Attn: Rachael Rodgers Phone: 503- 795 -7608 Fax: 866 -406 -9291 Notice delivered in accordance with the foregoing shall be effective (a) when delivered, if delivered personally or by receipted -for telex, telecopier or facsimile transmission, (b) on the next business day after being delivered in the United States (properly addressed and all fees paid) for overnight delivery service to a courier (such as Federal Express) which regularly provides such service and regularly obtains executed receipts evidencing delivery, or (c) five (5) days after being deposited (properly addressed and stamped for first -class delivery) in a daily serviced United States mail box. Either party, Buyer or Seller, may change its address for the purposes of this section by giving written notice of such change to the other party in the manner provided in this section. SECTION 3.06. DISCLAIMER OF WARRANTIES. The parties acknowledge that this transaction is entered into by them in full reliance on their own independent investigations, and not on any statements, representations, or agreements made by the other party, or by the broker(s), if any herein, or any salesperson(s) of such broker. It is also agreed by both parties that no statements, representations, or agreements made by either party, the broker(s), or any sales - persons) of such broker(s), are valid unless such statements, representations or agreements are reduced to writing and made a part hereof. Seller expressly makes no warranties regarding the suitability of the Property for any purpose and Buyer acknowledges that all real property and improvements, if any, there are taken in an "As Is" Condition including all known and unknown defects. Buyer: ( Seller: SECTION 3.07. ATTORNEY'S FEES. Should any litigation be commenced between the parties hereto concerning the Property, this Agreement, or the rights and duties of either in relation thereto, the party, Buyer or Seller, prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorney's fees in such litigation which shall be determined by the Court in such litigation or in a separate action brought for that purpose. 37711010 11110111 _ Mhryleybld slandaid blelbmadma 6 pmco psa.3 SECTION 3.08. ENTIRE AGREEMENT. This instrument contains the entire Agreement between Buyer and Seller respecting the Property, and any agreement or representation respecting the Property or the duties of either Buyer or Seller in relation thereto not expressly set forth in this instrument is null and void. SECTION 3.09. COUNTERPARTS, FACSIMILE SIGNATURES. This Agreement may be executed in any number of counterparts and all counterparts shall be deemed to constitute a single agreement. The execution of one counterpart by any party shall have the same force and effect as if that party had signed all other counterparts. The signatures to this Agreement may be executed on separate pages and when attached to this Agreement shall constitute one complete document. This Agreement may be signed by facsimile, and each facsimile copy so signed shall be deemed an original hereof. SECTION 3.10. GOVERNING LAW; VENUE. This Agreement is governed by and construed in accordance with the laws of the State of Washington. At the option of Seller, the venue of any action hereon may be laid in Franklin County, Washington, other than Seller's motion to obtain the Sale Order which shall be heard by the Court. [Signatures on following page] 37711010 11/20/12 _ caNgdeylold standard Ift%roadmoor 9 Pasco Psa.3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year shown opposite their signatures below, BUYER: CITY OF PA O / By: Name: �.L/G jC41f�IeW Title: Date: I I LI- 17� SELLER: OLD STANDARD LIFE IN RANCE COMPANY, IN LIQUIDATION, an Idaho korooration Title: Date: 3771/010 11120/12 celepleyldd standard Iile%mdm r 10 _ Pasco p".3 EXHIBIT A LEGAL DESCRIPTION Parcel A: Lot 8 of Binding Site Plan No. 96 -3, recorded in Volume 1 of Binding Site Plans, Pages 10 through 13, Auditor's File No. 530271, records of Franklin County, further described as follows: That portion of the North half of the Southwest quarter of Section 8, Township 9 North, Range 29 East, W.M., Records of Franklin County, Washington, described as follows: Commencing at the West quarter comer of said Section 8; thence south 89 008'26" East, along the North line of said Southwest quarter, for 75.00 feet to the Easterly right of way margin of Broadmoor Boulevard (Formerly Road 100); thence South 00 057'45" West, along said Easterly right of way margin, for 120.26 feet; thence South 89 002'15" East for 245.53 feet to the pint of curvature with a 275.00 foot radius curve concave to the South; thence Southwesterly along the arc of said curve to the right, through a central angle of 21 °19'15", for an arc distance of 102.33 feet to the point of tangency; thence South 67 043'00" East for 233.30 feet to the True Point of Beginning: Thence South 67 °43100" East for 5.45 feet to the point of curvature with a 175.00 foot radius curve concave to the Northeast; thence Northeasterly along the arc of said curve to the left, through a central angle of 90 000'00 ", for an arc distance of 274.89 feet to the Point of tangency; thence North 22 917'00" East for 96.67 feet to the point of curvature with a 20.00 foot radius curve concave to the Southeast; thence Northeasterly along the arc of said curve to the right, through a central angle of 84 030'20 ", for an arc distance of 29.50 feet to intersect the Southerly right of way margin of Sanidfur Parkway (Formerly Broadmoor Parkway) on a 651.00 foot radius curve concave to the Northeast (The radius point bears North 16 047'20" East); thence Southeasterly along the arc of said curve to the left, through a central angle of 15 055'45", for an arc distance of 180.99 feet to the point of tangency; thence South 89 008'26" East, along said Southerly right of way margin, for 811.56 feet to a point that bears South 87 037'04" East a distance of 1,919.67 feet from the said West quarter corner of Section 8; thence leaving said Southerly right of way margin, South 00 051'34" West for 157.33 feet; thence South 89 008'26" East for 304.16 feet; thence South 00 °11'09" West for 289.98 feet; thence South 89 008'26" East for 138.44 feet; thence South 00 °11'08" West for 545.73 feet to intersect the Northerly right of way margin of SR 182 on a 4,110.00 foot radius, non - tangent curve concave to the Southeast (The radius point bears South 20 041'02" West); thence Northwesterly along the arc of said curve to the left, through a central angle of 09 029'14 ", for an arc distance of 680.55 feet; thence, leaving said curve, North 73 025'12" West, along said Northerly right of way margin for 949.40 feet; thence North 64 °38'05" West, along said Northerly right of way margin, for 293.45 feet; thence, 37711010 11/20112 c hlgleyWd atwdard lftbr dmo pac pw3 leaving said Northerly right of way margin, North 22 017'00° East for 282.79 feet to the True Point of Beginning. APN: 115- 460 -056 Parcel B: Lot 9 of Binding Site Plan No. 96 -3, recorded in Volume 1 of Binding Site Plans, Pages 10 through 13, Auditor's File No. 530271, records of Franklin County, further described as follows: That portion of the North half of the Southwest quarter of Section 8, Township 9 North, Range 29 East, W.M., Records of Franklin County, Washington, described as follows: Commencing at the West quarter corner of said Section 8, thence South 89 008'26" East, along the North line of the Southwest quarter of said Section 8, for 1,918.99 feet; thence South 00 °51334" West for 51.01 feet to a point on the Southerly right of way margin of Sandifur Parkway (Formerly Broadmoor Parkway) with said point lying South 87 °37'04" East a distance of 1,919.67 feet from said West quarter corner and being the True Point of Beginning. Thence South 89 °08'26" East, along said Southerly right of way margin of Sandifur Parkway (Formerly Broadmoor Parkway), for 302.31 feet; thence leaving said Southerly right of way margin, South 00 °11'09" West for 157.34 feet; thence North 89 908'26" West for 304.16 feet; thence North 00 °51'34" East for 157.33 feet to the True Point of Beginning. APN: 115- 450 -045 3771/010 11/20(12 cshgVeybld standard lftbroadnmr palm psa.3 EXHIBIT B EARNEST MONEY NOTE Pasco, Washington � , 2012 For value received, the undersigned THE CITY OF PASCO ( "Maker), promises to pay to promise to pay to First American Title Insurance Company (the "Title Company) at 200 SW Market Street, Suite 250, Portland, Oregon 97201, the principal sum of Sixty Thousand and No /100ths Dollars ($60,000.00), with no interest on the terns and conditions contained in that certain Real Estate Purchase Agreement Subject to Liquidation Court Confirmation dated of even date herewith between Maker, as buyer, and Old Standard Life Insurance Company, In Liquidation, an Idaho corporation, as seller (the "Agreement). Maker shall pay the sum of Sixty Thousand and No /100ths Dollars ($60,000.00) upon Maker's issuance of the Notice to Proceed (as defined in the Agreement). In the event that Maker does not deliver a Notice to Proceed by the last day of the Due Diligence Period (as such terms are defined in the Agreement), then this Earnest Money Note shall be promptly returned to Maker by the Title Company, MAKER: THE By: Nam Title: 37711010 11rM12 cshigle&1d standard tffa%r adm Pasco psa.3 EXHIBIT C DISCLOSURE STATEMENT INSTRUCTIONS TO THE SELLER Please complete the following form. Do not leave any spaces blank. If the question clearly does not apply to the property write "NA." If the answer is "yes" to any " items, please explain on attached sheets. Please refer to the line number(s) of the question(s) when you provide your explanation(s). For your protection you must date and sign each page of this disclosure statement and each attachment. Delivery of the disclosure statement must occur not later than five business days, unless otherwise agreed, after mutual acceptance of a written contract to purchase between a buyer and a seller. NOTICE TO THE BUYER THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION OF THE PROPERTY LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT A (THE "PROPERTY "). SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER OTHERWISE AGREE IN WRITING, YOU HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN AGREEMENT BETWEEN BUYER AND SELLER. FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, OWSITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE 3771101011/20112 nhigleAold standard INe%roadm Pasco Psa.3 APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION, DEFECTS OR WARRANTIES. Seller is/ X is not occupying the property. I. SELLER'S DISCLOSURES: If you answer "Yes" to a question with an asterisk ('), please explain your answer and attach documents, if available and not otherwise publicly recorded. If necessary, use an attached sheet. 1. TITLE AND LEGAL [ ] Yes [ ] No [ ] Don't know A. Do you have legal authority to sell the property? If no, please explain. [ ] Yes [ ] No [ J Don't know `B. Is title to the property subject to any of the following: (1) First right of refusal (2) Option (3) Lease or rental agreement (4) Life estate? [ ] Yes [ ] No [ ] Don't know •C. Are they any encroachments, boundary agreements, or boundary disputes? [ ] Yes [ ] No [ ] Don't know `D. Is there any lease parking? [ J Yes (J No [ ] Don't know 'E. Is there a private road or easement agreement for access to the property? [ ] Yes [ ] No [ J Don't know •F. Are there any rights -of -way, easements, shared use agreements, or access limitations? [ ] Yes [ ] No [ ] Don't know 'G. Are there any written agreements for joint maintenance of an easement or right -of -way? [ ] Yes [ ] No [ ] Don't know •H. Are there any zoning violations or nonconforming uses? [ J Yes [ ] No [ ] Don't know •I. Is there a survey for the property? 377110101120/12 mhVeAdd standard lilelbroadnwr Pasco psa.3 [ ] Yes [ ] No [ J Don't know `J. Are there any legal actions pending or threatened that affect the property? [ J Yes [ ] No [ ] Don't know `K. Is the property in compliance with the Americans with Disabilities Act? [ j Yes [ ] No Don't 2, WATER [) know Are there any water rights for the property, such as a water right Permit, certificate or claim? 3. SEWERION -SITE SEWAGE [)Yes SYSTEM [ ] No [ ] Don't know 'Is the property subject to any sewage system fees or charges in addition to those covered in your regularly - billed sewer or on -site sewage system maintenance service? [ ]Yes 4. STRUCTURAL [ ] No [ ] Don't know 'A. Has the roof leaked within the last five years? [ ] Yes [ J No (] Don't know 'B. Has any occupied subsurface flooded or leaked within the last five years? [ ] Yes [ ] No (J Don't know 'C. Have there been any conversions, additions, or [ ]Yes remodeling? [ ] No [) Don't know '(1) If yes, were all building [ ]Yes [) No [ ]Don't know permits obtained? (2) If yes, were all final inspections obtained? [ ] Yes [ ] No [ ] Don't know •D. Has there been any settling, slippage, or sliding of the property of its improvements? 377110101120172 MNgleylold 5(mdard WeWoadmm Pasco M.3 [ ] Yes [ j No [ ] Don't know `E. Are there any defects with the following: (If yes, please check applicable items and explain). [ ] Foundations [ ] Slab Floors [ ] Doors [ j Outbuildings [ J Ceilings [ ] Exterior Walls [ ] Sidewalks [ J Siding [ ] Other (] Windows [ ] Interior Walls [ ]Yes No S. SYSTEMS AND FIXTURES [ ] [ ] Don't know "Are there any defects in the following systems? If yes, please [ ]Yes [ J No explain. [ j Yes [ 1 Don't know (1) Electrical system [ j No [ ] Don't know (2) Plumbing system [ ] Yes [ ] No [ ] Don't know (3) Heating and cooling systems [ ] Yes (] No [ ] Don't know (4) Fire and security system [ ] 6. ENVIRONMENTAL Yes [ ] No [x] Don't know 'A. Has there been any flooding, standing water, or drainage problems on the property that affect the property or access to the property? [ ] Yes [ ] No [x] Don't know 'B. Is there any material damage to the property from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides? [ ] Yes [ J No [x] Don't know •C. Are there any shorelines, wetlands, floodplains, or critical areas on the property? [ ] Yes [ ] No [x] Don't know •D. Are there any substances, materials, or products in or on the property that may be environmental concerns, such as asbestos, formaldehyde, radon gas, lead - based paint, fuel or chemical storage tanks, or contaminated soil or water? [ ] Yes [ J No [x] Don't know `E. Is there any soil or groundwater contamination? 3771/010 11/20112 cshigleYWId slandard Igelbroadn Pasco psa.3 [ ] Yes [ J No [xJ Don't know 'F. Has the property been used as a legal or illegal dumping site? [ ] Yes [ J No [x] Don't know 'G. Has the property been used as an illegal drug manufacturing site? 7. FULL DISCLOSURE BY SELLERS []Yes [ ] No A Other conditions or defects: [ J Don't know `Are there any other existing material defects affecting the Property that a prospective buyer should now about? B. Verification: The foregoing answer and attached explanations (if any) are complete and correct to the best of my /our knowledge and I /we have received a copy hereof. I /we authorize all of my /our real estate licensees, if any, to deliver a copy of this disclosure statement to other real estate licensees and all prospective buyers of the property. SELLER: OLD STANDARD LIFE SURANCE COMPANY, IN LIQUIDATION, an Idahq corporation rName: L.rW 11 f )JjVjg t1 Title: Date: 3771/010 ruzmlz mh'OeYbdd sla lord lrfe%r admo Pasco pW 3 NOTICE TO BUYER INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS. II. BUYER'S ACKNOWLEDGMENT A. Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to any material defects that are known to Buyer or can be known to Buyer by utilizing diligent attention and observation. B. The disclosures set forth in this statement and in any amendments to this Statement are made only by the Seller and not by any real estate licensee or other party. C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are not liable for inaccurate information provided by Seller, except to the extent that real estate licensees know of such inaccurate information. D. This information is for disclosure only and is not intended to be a part of the written agreement between the Buyer and Seller. E. Buyer (which term includes all persons signing the "Buyer's acceptance" portion of this disclosure statement below) has received a copy or this Disclosure Statement (including attachments, if any) bearing Seller's signature. DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. 37711010 11120112 c hlgleyWd 6%ndard INelbroedm P"W P".3 BUYER: CITI By: Nam Title: Date: I I- 2)- 17i The seller disclosure statement shall be for disclosure only, and shall not be considered part of any written agreement between the buyer and seller of residential property. The seller disclosure statement shall be only a disclosure made by the seller, and not any real estate licensee involved in the transaction, and shall not be construed as a warranty of any kind by the seller or any real estate licensee involved in the transaction. 3771/010 11120112 MhOGYAold slarMvd IBeYxoadmoor Pasco Psa.3 AGENDA REPORT FOR: City Council TO: Gary Crutchfi L t Manager FROM: Stan Strebel, D @putt' ity Manager. SUBJECT: City Council Districts I. REFERENCE(S): 1. Map of Current Council Districts 2. Matrix, Population by Precinct /District, Current 3. Map, 5- District Option A 4. Map, 5- District Option B 5. Map, 5- District Option CX 6. Map, 5- District Option CY 7. Map, 3- District Option A 8. Map, 3- District Option B 9. Map, 3- District Option C 10. RCW 29A.76.010(4) 11. District Option Summary Table February 4, 2013 Workshop Mtg.: 2/11/13 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 2/11: Consensus on Redistricting Plan and Set Public Hearing III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Following discussion with Council at the workshop meeting of January 28, staff has attempted to identify 5- District plans which avoid displacement (even if at the end of their term) of incumbents from their current districts and meet the "less than 10% difference" rule of the PMC. Two options are identified as the attached 5- District options CX and CY (Reference #5 and #6). While the two options meet the above measurable criteria, staff suggests that questions could easily be raised as to whether they would meet the requirements of RCW 29A.76.010(4) (Reference #10). B) As presented on 1/28/13, there can be other 5- District configurations which meet the legal tests but each would result in the displacement of at least one incumbent (Options 5A, 5B; References #3 and #4). C) As discussed at the prior workshop, the 3- District option can more easily satisfy state and city requirements and will require less maintenance over time, as larger district populations equate to larger allowable differences. The 3- District concept assumes two seats in each district with staggered terms in each district; thus, one seat in each district is open in each municipal election. With six Councilmembers in district seats, the seventh member must be an "at- large" position. As the Council currently has two at -large positions, moving to the 3- District option requires one of the at -large positions to be eliminated at the end of its term. D) Since the effect of the 3- District option is no greater than that which is likely necessary to implement a rational 5- District option, and it clearly offers better long -term stability for districts in the future, staff is inclined to recommend this option. Option 3 -C (Reference #9) appears to provide the most logical division into new districts under this option. E) The Franklin County Auditor has recently requested that all taxing districts with elections during the coming year finalize any district boundaries by March 1. Staff has requested a delay to mid - March, however, clearly Council must act soon. V. DISCUSSION: A) Staff requests that Council arrive at consensus on its preferred plan at the workshop meeting, which will allow adequate notice of a public hearing on February 25 or March 4; with a final decision to be made at the conclusion of the hearing or the following week. 4(k) s ° M J ° o !\ o, -o i °r o ° o w o � g +L+ M s 1 N r ° N N m o .L / N O 0 o c o c Q o Lm O U �np d o o � e Ul C N N 6 J c6 } (9 2 � li L �i N p y O O a rn ° � N J � IO N o N M V N Q U U iJ U U X N N y y VI C � C n o 0 0 o a F. ey &9ef! F Alt Council District Options 2013 City of Pasco Current Council Districts Printed 1/30/2013 EXEC 2012 -010 Council District Options Page 1 of 1 at 3:49 PM Precinct 1 2 3 4 5 001 5,150 002 3,080 003 1,768 004 2,163 005 1,729 006 1,396 007 2,033 008 410 009 1,338 010 1,126 011 1,147 012 1,275 013 1,232 014 1,118 015 1,151 016 1,525 017 1,908 018 1,113 019 988 020 396 021 121 022 816 _ 023 1,015 024 407 025 270 026 438 027 398 028 254 029 275 030 238 031 136 032 1,722 033 598 034 538 035 306 036 896 037 1,694 038 887 039 871 040 1,515 041 393 042 1,027 043 973 044 965 045 1,743 046 1,592 100 047 048 580 049 573 050 1,154 051 1,188 052 1,174 053 1,269 054 798 055 996 056 1,074 057 673 058 64 059 709 060 184 062 973 063 593 Total 13,393 12,045 11,464 13,934 13,401 Printed 1/30/2013 EXEC 2012 -010 Council District Options Page 1 of 1 at 3:49 PM 0 0 H 0 0 °s a 4 e °o N O O N g V .L 0 •� O y.1 Q o O ° o m I L o_ a o ^ ° O U N e O ° O O O l0 O ° r /N o OO Y �\ _y O y C o � N N O ti o s o 0 0 °a ° 0 m w o ° o i o ip H 0 0 °s a 4 e °o N O O N V .L •� O y.1 Q o O U 0 L N a o oLO U ° N l0 J o Y N y C N V ti m p� ° � N J # l0 N v v v v C N \ U1 N N U1 C _y C �AAAt evert 0 p u o Ink I p a � N S N N O 0 0 N � p N O O p 0 qi Kom N O �p n O O O N O O p � p s $ 9 m N V V C O Q. 0 0 U w 0 V_ V •L /A �L CL o 4� 1 o Lf) U 0 d N J o N N C y C Y C7 I LL > O N O J � t6 N U U V U U X C Ti =3 N O O O p p O N O O O O O O Ink I p a � N S N N O 0 0 N � p N O O p 0 qi Kom N O �p n O O O N O O p � p s $ 9 m N V V C O Q. 0 0 U w 0 V_ V •L /A �L CL o 4� 1 o Lf) U 0 d N J o N N C y C Y C7 I LL > O N O J � t6 N U U V U U X C Ti =3 a � N S N N O 0 0 N � p N O O p 0 qi Kom N O �p n O O O N O O p � p s $ 9 m N V V C O Q. 0 0 U w 0 V_ V •L /A �L CL o 4� 1 o Lf) U 0 d N J o N N C y C Y C7 I LL > O N O J � t6 N U U V U U X C Ti =3 p 0 qi Kom N O �p n O O O N O O p � p s $ 9 m N V V C O Q. 0 0 U w 0 V_ V •L /A �L CL o 4� 1 o Lf) U 0 d N J o N N C y C Y C7 I LL > O N O J � t6 N U U V U U X C Ti =3 0 d N J o N N C y C Y C7 I LL > O N O J � t6 N U U V U U X C Ti =3 0 p N o p M /V\ w O L s i s m p U •= O N � O O N O y ji'4 N O N O A O O 11 O O O G N p v O M m O o 0 o I N 0 LID N a U p $ p m s N t0 J N O y O p N O C � o J � (6 N o N M V M Q U U U U V X ig y N y N C C np`yR ]4 Qfl 1 FY 11 H m 0 (V O N O Q O N > S U ci c = O N V N O v ° m 0 IN V N N > S U c = O N V N O v ° O y N ° O p O J N O m 0 0 E IN V �L N > O U c = O V O O v (A L y N ° U J ° m Q H C O Q O ° c O N m J °s � s f0 d s m N N N U U U U O O O N N V] m o � C o Q N t9 I �.4 0 E p� O IN V �L N > O U c = O V O O v (A L y N o U p� O d N J C c N J � f0 d U U U U U X f/] N N V] C Q t9 I �.4 cl e 0 m m � 0 0 0 0 o 0 0 n 0 m N ML 0 N s 'N V C lima 0 N �^ O Y Ama Q Op U � A� l0 ci L s J a o C C N N U 0 � o C N 0 O 1° O O ry O O � l6 O N N cn Q` f U U U N O N O ( n C r O V + N O / W O Q 0 j N N N m e o n o 0 O 0 m 0 0 0 o N 0 4 N ' 0 o S 3 r e 0 m m � 0 0 0 0 o 0 0 n 0 m N ML 0 N 'N V C lima N �^ O Y Ama Q Op U A� l0 ci L J a o C C N N U C N Ul l0 J C C N N C N J � l6 N N cn Q` U U U X C 0 N t_ O O O IY+•'+� O v o / °1 0 •� O o M O V ° N N N G C N 0 0 � p1 M m ° �r N J ° vmi m T O N N Y N o' U1 t0 O N N N N •� O � O ° N O m O m � ° J � 0 d o N M Q U U U X VI N V5 C C �f�c�! m I s , ° Ali v_ O m L 8 m m m 0 - m O 0 0 o Q O O O O N ° v ° O O I+ V O v 'L N o M N y 0 o g n o o m ° m o n d w m J 0 LL m N O y ° N m � ^, W N ° � N J � la N U U U X C C C N \ N N N C C RCW 29A.76.010: Counties, municipal corporations, and special purpose districts. RCW 29A.76.010 Counties, municipal corporations, and special purpose districts. Page 1 of 1 (1) It is the responsibility of each county, municipal corporation, and special purpose district with a governing body comprised of internal director, council, or commissioner districts not based on statutorily required land ownership criteria to periodically redistrict its governmental unit, based on population information from the most recent federal decennial census. (2) Within forty -five days after receipt of federal decennial census information applicable to a specific local area, the commission established in RCW 44.05.030 shall forward the census information to each municipal corporation, county, and district charged with redistricting under this section. (3) No later than eight months after its receipt of federal decennial census data, the governing body of the municipal corporation, county, or district shall prepare a plan for redistricting its internal or director districts. (4) The plan shall be consistent with the following criteria: (a) Each internal director, council, or commissioner district shall be as nearly equal in population as possible to each and every other such district comprising the municipal corporation, county, or special purpose district. (b) Each district shall be as compact as possible. (c) Each district shall consist of geographically contiguous area. (d) Population data may not be used for purposes of favoring or disfavoring any racial group or political party. (e) To the extent feasible and if not inconsistent with the basic enabling legislation for the municipal corporation, county, or district, the district boundaries shall coincide with existing recognized natural boundaries and shall, to the extent possible, preserve existing communities of related and mutual interest. (5) During the adoption of its plan, the municipal corporation, county, or district shall ensure that full and reasonable public notice of its actions is provided. The municipal corporation, county, or district shall hold at least one public hearing on the redistricting plan at least one week before adoption of the plan. (6)(a) Any registered voter residing in an area affected by the redistricting plan may request review of the adopted local plan by the superior ;ourt of the county in which he or she resides, within fifteen days of the plan's adoption. Any request for review must specify the reason or reasons alleged why the local plan is not consistent with the applicable redistricting criteria. The municipal corporation, county, or district may be oined as respondent. The superior court shall thereupon review the challenged plan for compliance with the applicable redistricting criteria set out in subsection (4) of this section. (b) If the superior court finds the plan to be consistent with the requirements of this section, the plan shall take effect immediately. (c) If the superior court determines the plan does not meet the requirements of this section, in whole or in part, it shall remand the plan for further or corrective action within a specified and reasonable time period. (d) If the superior court finds that any request for review is frivolous or has been filed solely for purposes of harassment or delay, it may mpose appropriate sanctions on the party requesting review, including payment of attorneys' fees and costs to the respondent municipal ;orporation, county, or district. 2011 c 349 § 26; 2003 c 111 § 1901. Prior: 1984 c 13 § 4; 1983 c 16 § 15; 1982 c 2 § 27. Formerly RCW 29.70.100.] Votes: Effective date -- 2011 c 349: See note following RCW 29A.04.255. Severability -- 1984 c 13: See RCW 44.05.902. Contingent effective date -- Severability - -1983 c 16: See RCW 44.05.900 and 44.05.901. ittp:// apps.leg.wa.gov /rcw /default.aspx ?cite= 29A.76.010 1/30/2013 City of Pasco Council Districts 2013 District Option Summary Table District Option Minimum Legal Maximum Real Maximum Difference Current 113464 12,610 13,934 (1,324) 5 -A 12,628 13,891 13,232 659 5 -13 12,396 139636 13,331 305 5 -C 12,040 13,244 133628 (384) 5 -CX 12,217 13,438 135393 45 5 -CY 12,181 139399 13,393 6 3 -A 21,015 23,117 21,849 1,268 3 -13 21,189 23,308 21,622 1,686 3 -C 21,3111 233442 21,5141 13928 Printed 2/8/2013 EXEC 2012 -010 Council District Options Page 1 of 1 at 11:11 AM AGENDA REPORT TO: City Council FROM: Gary Crutchfie ` , i anager 3 r SUBJECT: Agreement forAdministrative Services to Pasco PFD I. REFERENCE(S): 1. Proposed Agreement February 4, 2013 Workshop Mtg.: 2/11/13 Regular Mtg.: 2/19/13 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 2/11: Discussion 2/19: MOTION: I move to approve the interlocal agreement with the Pasco Public Facilities District for administrative services and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Increased General Fund Revenue approximately $5,000 annually IV. HISTORY AND FACTS BRIEF: A) The city created the Pasco Public Facilities District (PFD) in 2003 in order to implement the authority granted by the state in 2002 for the creation of Public Facilities Districts throughout the state. The state authority included a certain portion of state sales tax to be distributed to each public facility district with a qualifying project in place by 2004. Pasco PFD, upon creation by the city, entered into an agreement with Kennewick PFD to allocate 100% of Pasco's share of the state sales tax be contributed to the Three Rivers Convention Center being developed by the Kennewick PFD. B) Creation of the Pasco PFD required its operation and fulfillment of basic administrative responsibilities. The city and PFD entered into an agreement in 2003 by which those services would be provided by the city in exchange for payment of $600 monthly. V. DISCUSSION: A) Over the past 10 years, the extent of administrative services was fairly minimal (quarterly meetings and an annual report as well as accounting for the receipt and distribution of the sales tax money from the state and to the Kennewick PFD). Over the past year, with the growing interest in possible development of a regional aquatic center, the Pasco PFD administrative services have increased. The proposed agreement reflects the current level of activity and has been approved by the Pasco PFD Board. Should the Pasco PFD become involved directly with the operation of a regional aquatics center (assuming voter approval), the administrative costs are likely to increase; if so, a new interlocal agreement will be developed for future presentation to Council. B) Staff recommends approval of the proposed agreement. 4(I) INTERLOCAL AGREEMENT Between CITY OF PASCO, WASHINGTON and THE PASCO PUBLIC FACILITIES DISTRICT for ADMINISTRATIVE SERVICES THIS AGREEMENT, is made and entered into this day of 2013, between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City "; and the Pasco Public Facilities District, a Municipal Corporation, hereinafter referred to as "District" and agrees to the following terms: WHEREAS, the District was created pursuant to Chapter 35.57 of the Revised Code of Washington for the purposes of acquiring, constructing, operating and financing one or more regional centers through cooperative and joint ventures with one or more qualifying public facilities district; and WHEREAS, the District possesses, by law, all of the usual powers of a corporation for public purposes, as well as all other powers that may now or hereafter be specifically conferred by statute, including but not limited to the authority to hire employees, staff, and services, as well as to enter into contracts and agreements; and WHEREAS, the District desires to contract with the City of Pasco for the purpose of securing those services necessary for fulfillment of the District's functions. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: SECTION I PURPOSE The purpose of this Interlocal Agreement is to create a cooperative basis upon which the Board may utilize the personnel, services, and resources of the City to fulfill its statutory function and to provide the basis of compensation to the City for such services. SECTION II SERVICES PROVIDED BY THE CITY The City shall provide, at the request of the District, the following services: (1) The City Clerk shall serve as the ex officio secretary of the Board for the purpose of acceptance of claims, statutory notice of public meetings, repository of official records of the District; keep and maintain minutes of District Board meetings (including tape- recorded records) and provide for the public inspection and copying of such records in accordance with the policies and such of the City. (2) The City Attorney shall serve as attorney for the District. (3) The City Manager, or his designee, shall serve as the Chief Administrative Officer for the District. (4) Other City officers, employees or agents providing specific or specialized services as may be necessary to the Board for the fulfillment of its purposes. (5) The City shall provide meeting space for the conduct of all District meetings. SECTION III PAYMENT FOR SERVICES The City shall charge to the District and the District shall pay to the City the amount of $1,000 per month to supply such services together with all ancillary costs of materials, fees, taxes or assessment incident to the provision of such services. City Attorney services rendered for the District shall be charged in addition to the above monthly charge and billed separately. SECTION IV INTERLOCAL COOPERATIVE ACT PROVISION The District shall be solely responsible for all costs, materials, supplies and services necessary for its performance under the terms of this Agreement. All property and materials secured by the District in the performance of this Agreement shall remain the sole property of the District. All funding incident to the fulfillment of this Interlocal Agreement, shall be borne by the party necessary for the fulfillment of their responsibilities under the terms of this Agreement. No special budgets or funds are anticipated, nor shall be created incident to this Interlocal Agreement. It is not the intention that a separate legal entity be established to conduct the cooperative undertakings, nor is the acquisition, holding, or disposition of any real or personal property anticipated under the specific terms of this Agreement. The City Manager of the City of Pasco, Washington, shall be designated as the Administrator of this Interlocal Cooperative Agreement. SECTION V TERM OF AGREEMENT The initial term of this Agreement shall commence on the 1St day of January, 2013, and terminate on the 31" day of December2013. This Agreement shall be automatically renewed for a successive one (1) year term, unless either party gives a ninety (90) days advanced written notice of its intent not to renew. Interlocal Agreement City of Pasco / Pasco Public Facilities District for Administrative Services Page 2 SECTION VI ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated by reference are attached. No other understandings, verbal or otherwise, in regards to the subject matter of this Agreement, shall be deemed to exist. Any modifications to this Agreement shall be in writing and signed by both parties to be effective. SECTION VII APPLICABLE LAW This Agreement is governed, construed and enforced in accordance with the substantive laws of the State of Washington. Should any dispute arise concerning the enforcement, breach, or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, and the prevailing party shall be entitled to its reasonable attorney fees and costs as additional judgment. SECTION VIII AUTHORITY FOR EXECUTION Each of the parties warrants and represents that its representatives, whose signatures are below, possess all required authority to sign this Agreement and such powers have not, as of the date of this Agreement, been revoked or revised. IN WITNESS WHEREOF, the parties have executed this Agreement by the duly authorized officers on the day and year first written above. CITY OF PASCO, WASHINGTON Matt Watkins Mayor I R189 -re" Mark Morrissette Chairman of the Board Interlocal Agreement City of Pasco / Pasco Public Facilities District for Administrative Services Page 3 STATE OF WASHINGTON) ss. County of Franklin On this day personally appeared before me Matt Watkins, Mayor for the City of Pasco, Washington, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 2013. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: STATE OF WASHINGTON ) ss. County of Franklin On this day personally appeared before me Mark Morrissette, Chairman of the Pasco Public Facilities District Board, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 2013. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: Interlocal Agreement City of Pasco / Pasco Public Facilities District for Administrative Services Page 4