HomeMy WebLinkAbout2013.02.19 Council Meeting PacketAGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. February 19, 2013
Please note that our Council Meeting will take place on Tuesday, February 19
as City Hall will be closed Monday, February 18 in honor of Presidents' Day.
11 CALL TO ORDER
2, ROLL CALL:
(a) Pledge of Allegiance
3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the
City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be
no separate discussion of these items. If further discussion is desired by Councilmembers or the public,
the item may be removed from the Consent Agenda to the Regular Agenda and considered separately.
(a) Approval of Minutes:
1. Minutes of the Pasco City Council Meeting dated February 4, 2013.
2. Minutes of the Special Pasco City Council Meeting dated February 11, 2013.
(b) Bills and Communications: (A detailed listing of claims is available for review in the Finance
Manager's office.)
To approve General Claims in the amount of $966,444.61 ($79,672.40 in the form of
Electronic Fund Transfer Nos. 13806, 13807, 13812, 138395 13840 and 13860; and
$886,772.21 in the form of Wire Transfer Nos. 1291, 1294 and 1295; and Claim Warrants
numbered 191527 through 191752).
2. To approve bad debt write -offs for utility billing, ambulance, cemetery, general accounts,
miscellaneous accounts, and Municipal Court (non - criminal, criminal, and parking) accounts
receivable in the total amount of $202,919.50 and, of that amount, authorize $136,591.28 be
turned over for collection.
(c) 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.
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.
(d) Utility Easement / Harris Property:
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated February 6, 2013.
2. Vicinity Map.
3. Utility Easement.
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.
(e) Interagency Agreement for School Resource Officer Services:
1. Agenda Report from Bob Metzger, Chief of Police dated February 6, 2013.
2. Proposed Interagency Agreement.
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.
(f) Agreement for Administrative Services to Pasco PFD:
1. Agenda Report from Gary Crutchfield, City Manager dated February 4, 2013.
2. Proposed Agreement.
To approve the interlocal agreement with the Pasco Public Facilities District for administrative
services and, further, authorize the Mayor to sign the agreement.
(g) Resolution No. 3459, a Resolution authorizing the sale of equipment surplus to City needs.
1. Agenda Report from Debbie Clark, City Clerk dated February 5, 2013.
2. Proposed Resolution.
To approve Resolution No. 3459, authorizing the disposal of a check signer machine and a star
dock surplus to City needs.
(RC) MOTION: I move to approve the Consent Agenda as read.
Regular Meeting 2 February 19, 2013
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a)
(b)
(c)
5. VISITORS - OTHER THAN AGENDA ITEMS:
(a)
(b)
(e)
6. REPORTS FROM COMMITTEES AND /OR OFFICERS:
(a) Verbal Reports from Councilmembers
(b)
(c)
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING
THERETO:
(None)
81 ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
(a) 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."
1. Agenda Report from Dunyele Mason, Finance Manager dated February 7, 2013.
2. Proposed Ordinance.
MOTION: I move to adopt Ordinance No. , authorizing amendment of Pasco Municipal
Code Title 3 and 13 to remove, add and update various sections relating to definitions of city fund
and, further, to authorize publication by summary only.
(b) Resolution No. a Resolution of the City of Pasco, Washington, amending Resolution
No. 3446 regarding Public Records Requests.
1. Agenda Report from Stan Strebel, Deputy City Manager dated February 13, 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.
MOTION: I move to approve Resolution No. amending Resolution No. 3446 regarding
Public Records Requests.
9. UNFINISHED BUSINESS:
(None)
10. NEW BUSINESS:
(a) 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.
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.
11. MISCELLANEOUS DISCUSSION:
(a)
(b)
(c)
12. EXECUTIVE SESSION:
(a)
(b)
(c)
Regular Meeting 3 February 19, 2013
13, ADJOURNMENT.
(RC) Roll Call Vote Required
* Item not previously discussed
MF# "Master File #...."
Q Quasi - Judicial Matter
REMINDERS:
6:00 p.m., Tuesday, February 19, City Hall Conference Room #1 — LEOFF Disability Board Meeting.
(MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK)
2. 5:30 p.m., Wednesday, February 20 — Benton, Franklin & Walla Walla Counties Good Roads &
Transportation Association Meeting. ( COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA
FRANCIK, Alt.)
REGULAR MEETING
CALL TO ORDER:
MINUTES
PASCO CITY COUNCIL FEBRUARY 4, 2013
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor,
ROLL CALL:
Councilmembers present: Rebecca Francik, Mike Garrison, Tom Larsen, Saul Martinez,
Matt Watkins and Al Yenney. Excused: Robert Hoffmann.
Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel,
Deputy City Manager; Richard Terway, Administrative & Community Services Director;
Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public
Works Director; Bob Metzger, Police Chief and Mike Pawlak, City Engineer.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
(a) Approval of Minutes:
Minutes of the Pasco City Council Meeting dated January 22, 2013.
(b) Bills and Communications:
To approve General Claims in the amount of $202,555.69 ($202,555.69 in the form of
Wire Transfer No. 1285; and Claim Warrants numbered 191339 through 191408). (2012
EXPENSES)
To approve General Claims in the amount of $615,208.10 ($110,665.00 in the form of
Electronic Fund Transfer Nos. 13570 and 13672; and $504,543.10 in the form of Wire
Transfer Nos. 1286, 1287, 1289 and 1290; and Claim Warrants numbered 191322
through 191338, and 191409 through 191526). (2013 EXPENSES)
To approve Payroll Claims in the amount of $2,154,092.30, Voucher Nos. 45166 through
45228 and 80230 through 80239; and EFT Deposit Nos. 30056933 through 30057490.
(c) Process Water Treatment System Optimization Phase III:
To approve the Professional Services Agreement with CES, authorizing professional
services with respect to Phase III of the Process Water Treatment System Optimization
project in the amount of $129,000 and, further, authorize the Mayor to sign the
agreement.
Removed from Consent Agenda and moved to Item 10(b) — New Business.
(d) Agreement with Franklin County Historical Society:
To approve the proposed agreement with the Franklin County Historical Society and,
further, authorize the Mayor to sign the agreement.
(e) Resolution No. 3455, a Resolution rescinding Resolution No. 3383 Awarding
2011 HOME CHDO Set -Aside Funds.
To approve Resolution No. 3455, Rescinding Resolution No. 3383 Awarding 2011
CHDO Set -Aside Funds.
(f) Resolution No. 3456, a Resolution adopting the ADA Sidewalk Transition
Plan.
To approve Resolution No. 3456, adopting the ADA Sidewalk Transition Plan.
3(a).1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 4, 2013
(g) Resolution No. 3457, a Resolution fixing the time and date for a public
hearing to consider the vacation of a portion of Washington Street.
To approve Resolution No. 3457, setting 7:00 p.m., Monday, March 4, 2013 as the time
and date to conduct a public hearing to consider vacating Washington Street adjacent to
Block 18, Riverside Addition.
MOTION: Ms. Francik moved to approve the Consent Agenda as amended. Mr.
Martinez seconded. Motion carried by unanimous Roll Call vote.
REPORTS FROM COMMITTEES AND /OR OFFICERS:
Mr. Larsen reported on the Emergency Medical Services Board meeting.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Ordinance No. 4095, an Ordinance of the City of Pasco, Washington, amending the
Zoning classification of property located in Block 2 and 3, Whitehouse Addition
from R -1 (Low Density Residential) and C -1 (Retail Commercial) to R -3 (Medium -
Density Residential) with a Concomitant Agreement.
MOTION: Ms. Francik moved to adopt Ordinance No. 4095, rezoning the property from
R -1 and C -1 to R -3 with a concomitant agreement and, further, to authorize publication
by summary only. Mr. Garrison seconded. Motion carried unanimously.
Resolution No. 3458, a Resolution authorizing acquisition and disposal of certain
vehicles in relation to emergency services.
MOTION: Ms. Francik moved to approve Resolution No. 3 45 8, authorizing acquisition
and disposal of certain vehicles in relation to emergency services. Mr. Garrison seconded.
Motion carried unanimously.
NEW BUSINESS:
Bid Award: PWRF Optimization, Phases 1 & 2, Project No. C7- SR- 1A- 12 -01:
Council and staff discussed the proposed project.
MOTION: Ms. Francik moved to award the low bid for the PWRF Optimization, Phases
I & 2 Project to Culbert Construction, Inc., in the amount of $2,072,312.61, including
applicable sales tax and, further, authorize the Mayor to sign the contract documents. Mr.
Martinez seconded. Motion carried by unanimous Roll Call vote.
Process Water Treatment System Optimization Phase III:
Council and staff discussed the proposed agreement.
MOTION: Ms. Francik moved to approve the Professional Services Agreement with
CES, authorizing professional services with respect to Phase III of the Process Water
Treatment System Optimization project in the amount of $129,000 and, further, authorize
the Mayor to sign the agreement. Mr. Garrison seconded. Motion carried unanimously.
MISCELLANEOUS DISCUSSION:
Mayor Watkins noted the adjustment of Council District boundaries will be discussed at
the February 11th workshop meeting.
Ms. Francik commented on a letter Mr. Crutchfield sent to Dot French, Municipal Court
Administrator, thanking her for the excellent audit results received by Pasco Municipal
Court.
2
REGULAR MEETING
EXECUTIVE SESSION:
MINUTES
PASCO CITY COUNCIL FEBRUARY 4, 2013
Council adjourned
to Executive Session at 7:25
p.m.
for approximately 15
minutes to
discuss litigation or potential litigation with the
City
Manager and the City
Attorney.
Mayor Watkins called the meeting back to order at 7:42 p.m.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 7:42 p.m.
APPROVED:
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
PASSED and APPROVED this 19th day of February, 2013.
SPECIAL MEETING
CALL TO ORDER:
MINUTES
PASCO CITY COUNCIL FEBRUARY 11, 2013
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Rebecca Francik, Michael Garrison, Saul Martinez, Matt
Watkins, Robert Hoffmann, Tom Larsen and Al Yenney.
Staff present: Gary Crutchfield, City Manager; Patrick Galloway, City Attorney; Stan
Strebel, Deputy City Manager; Rick White, Community & Economic Development
Director; Rick Terway, Administrative & Community Services Director; Ahmad
Qayoumi, Public Works Director; Bob Gear, Fire Chief, and Bob Metzger, Police Chief.
The meeting was opened with the Pledge of Allegiance.
BUSINESS ITEM:
Commercial - Kahlotus Sanitary Sewer Lift Station Project No. C2- 11- 02 -SWR:
MOTION: Ms. Francik moved to award the low bid for the Commercial - Kahlotus
Sanitary Sewer Lift Station Project to Watts Construction, Inc., in the amount of
$1,003,252.21, including applicable sales tax and, further, authorize the Mayor to sign the
contract documents. Mr. Garrison seconded.
Mayor Watkins explained the item had been discussed earlier by City Council.
Council discussion followed.
Motion passed 7 — 0.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 7:03 p.m.
APPROVED:
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
PASSED and APPROVED this 19th day of February, 2013.
3(a).2
CITY OF PASCO
Council Meeting of: February 19 2013
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
o hereby certify under penalty of perjury that the materials have been furnished, the
or tN labor performed as described herein and that the claim is a just, due and unpaid
ainst'dhe city and that we are authorized to authenticate and certify to said claim.
unyele MasoriyFinance Services Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do
hereby certify on this 19 day of February, 2013 that the merchandise or services hereinafter specified have been received:
Check Numbers and 191527- 191752 In The Amount Of: $ 886,77221
Electronic Funds Transfers: 1291, 1294, 1295
Electronic Funds Transfers: 13806, 13807, 13812 In The Amount Of: $ 79,672.40
(Journal Entries) 13839, 13840, 13860 Combined total of $966,444.61
Councilmember
GENERALFUND:
Legislative
Judicial
Executive
Police
Fire
Administration & Community Services
Community Development
Engineering
Non - Departmental
Library
TOTAL GENERAL FUND:
Councilmember
SUMMARY OF CLAIMS BY FUND:
STREET
ARTERIAL STREET
STREET OVERLAY
C. D. BLOCK GRANT
HOME CONSORTIUM GRANT
NSP GRANT
KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI MODAL FACILITY
SCHOOL IMPACT FEES
RIVERSHORE TRAIL & MARINA MAIN
LITTER CONTROL
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
ECONOMIC DEVEL & INFRASTRUCT
STADIUM /CONVENTION CENTER
GENERAL CAP PROJ CONSTRUCTION
WATER /SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - OPERATING BUSINESS
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICAUDENTAL INSURANCE
CENTRALSTORES
PAYROLL CLEARING
LID CONSTRUCTION
PUBLIC FACILITIES DIST
TRI CITY ANIMAL CONTROL
SENIOR CENTER ASSOCIATION
GRAND TOTAL ALL FUNDS:
292,320.55
1,073.25
20,252.00
9,869.01
0.00
112.00
2,391.29
0.00
$ 966,444.61
3(b).1
AGENDA REPORT
FOR: City Council DATE: February 13, 2013
TO: Gary Crutchfi anager REGULAR: February 19, 2013
Rick Terway, It strative & Community Services Director
FROM: Dunyele Mason, Financial Services Manager
SUBJECT: BAD DEBT WRITE -OFF'S /COLLECTION.
I. REFERENCE (S):
Write -off and collection lists are on file in the Finance Department.
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
MOTION: I move to approve bad debt write -offs for utility billing, ambulance, cemetery, general
accounts, miscellaneous accounts, and Municipal Court (non - criminal, criminal, and
parking) accounts receivable in the total amount of $202,919.50 and, of that amount,
authorize $136,591.28 be turned over for collection.
Ill. HISTORY AND FACTS BRIEF:
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write -offs are under
$10 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for
collection exceed $10.00.
2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs
including DSHS and Medicare customers; the law requires that the City accept assignment in these
cases.
3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non - criminal and criminal fines, and
parking violations over 30 days past due.
4. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are
either un- collectable or have been assigned for collections because the property owner has not
complied or paid the fine. There are still liens in place on these amounts which will continue to be in
effect until the property is brought into compliance and the debt associated with these liens are paid.
5. CEMETERY — These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
6. GENERAL - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
TOTAL: $ 669328.22 136,591.28 202,919.50
IV. ADMINISTRATIVE ROUTING:
cc: Dot French, Municipal Court Clerk
3(b).2
Amount
Direct
Referred to
Total
Write -offs
Collection
Write -offs
Utility Billing
$
614.71
1,048.57
11663.28
Ambulance
$
65,713.51
139089.71
789803.22
Court A/R
$
.00
118,050.00
1189050.00
Code Enforcement
$
.00
3,753.00
3,753.00
Cemetery
$
.00
.00
.00
General
$
.00
.00
.00
Miscellaneous
$
.00
650.00
650.00
TOTAL: $ 669328.22 136,591.28 202,919.50
IV. ADMINISTRATIVE ROUTING:
cc: Dot French, Municipal Court Clerk
3(b).2
FOR:
TO:
FROM:
SUBJECT:
AGENDA REPORT NO. 08
City Councilro,
Gary Crutchfie' , Manager
Ahmad Qayouti, Public Works Director
J
February 6, 2013
Workshop Mtg.: 2/11/13
Regular Mtg.: 2/19/13
Process Water Treatment System Optimization — Project Management
I. REFERENCE(S):
1. Vicinity Map
2. Professional Services Agreement with Scope of Work
H. 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.
of the BOD and Grit and Sedimentation, that were causing reduction in ergonomic
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) The City treats and re -uses the process water generated by the Pasco processing
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
3(c)
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
3(c)
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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:
11 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, 2013,
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.
91 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. 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 parry 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
By:
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
CITY OF PASCO
Matt Watkins, Mayor
ATTEST:
Debbie Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
DAY OF , 20
CONSULTANT:
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).
a CES
Cascade Earth Sciences
3 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
Process Water Treatment System Optimization and Improvement Plan L
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. Abroad Qayoumi - City of Pasco
Process Water Treatment System Optimization and Improvement Plan CUES
System Management Improvement and Data Management System
January 29, 7013
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. Abroad Qayoumi - City of Pasco CAS
Process Water Treatment System Optimization and Improvement Plan a
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 CE
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:
(if other than Client)
Date
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:
CES
Cascade Earth Sciences
A varnont'V comPANr
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 Q 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 Q $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 Q 18% per annum.
AGENDA REPORT NO. 09
FOR: City Councir February 6, 2013
TO: Gary Crutcli€ty Manager
FROM: Ahmad Qayouuri, 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.
3(d)
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/a 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 1
2012
THE HARRIS REVOCABLE LIVING TRUST
On this _ day of , 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:
Leland B. Kerr, City of Pasco Attorney
Notary Public in and for the State of
Washington residing at
My Commission expires:
ACCEPTANCE OF DEDICATION
Date Gary Crutchfield, City of Pasco City Manager Date
EXHIBIT "A"
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
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AGENDA REPORT
FOR: City Council February 6, 2013
r
TO: Gary Crutchfield 4-ana ger Workshop Mtg.: 2/11/13
Regular Mtg.: 2/19/13
FROM: Bob Metzger, Chief of Polic
SUBJECT: Interagency Agreement for School Resource Officer Services
I.
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.
3(e)
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 I 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. I
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 3rd 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
Sherry Lancon
President, Board of Directors
Saundra Hill
Superintendent
orn n
General Counsel
Interagency Agreement between Pasco School District No. 1 and the City of Pasco.
Page 6 of 6
day of
AGENDA REPORT
TO: City Council
FROM: Gary Crutchfie i anager
SUBJECT: Agreement for'Administrative 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.
3(fi)
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 20133
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 terns 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 31St 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 PASCO PUBLIC FACILITIES DISTRICT
Matt Watkins
Mayor
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
AGENDA REPORT
FOR: City Council _oices
TO: Gary Crutch fi anager
Rick Terway, dminis
Community S
FROM: D ebbie 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.�3 59authorizing the disposal of a
check signer machine and a star dock surplus to City needs.
III. FISCAL IMPACT:
►0
1MW
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 Manna 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.
3(g)
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:
APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
AGENDA REPORT
FOR: City Council
TO: Gary Crutch eld Manager
Rick Terway, tr r, Admin & Co n1 Services
I
FROM: Dunyele Mason, Financial Services Manager
SUBJECT: Pasco Municipal Code Title 3 and Title 13 Updates
I. REFERENCE(S):
I. Proposed Ordinance
February 7, 2013
Workshop Mtg.: 2/11/13
Regular Mtg.: 2/19/13
H. 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.
13) 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.
8(a)
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 DISTRICTS
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
$100min
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
2 x's highest
i.e. off times in
bi [Is in the
one year then
last 12 months
deposit builds
to $600
Pay current as well as delinq uent to reconnect?
Not
By Code yes;
No
No
No
unlessdefined
By Practicenot
Justcollect
Justcollect
Justcollect
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)
Section13.16.060
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."
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."
1
T)
Section
13.61.200
gee W-411K.11 1. 1
hb
entitled "Irrigation Water Fund."
U)
Section
13.61.2
10
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 ova or a— residential 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 owner ef each commercial /business or industrial
facility (for classifications other than "family residential" and separately billed "multi- family
residential" units).
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.
billed. In all ether eases, w propefty t
billed. hi 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:
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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.
billed. In all ether eases, w propefty t
billed. hi 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:
E
3.07.150 UTILITIES —BILLING:
A)
3.200.140(D)
$75.00
D
$25.00
3.200.140(F)
B)
3.200.14013 1 2
CB)
0
D)
13: 16.030 _&
2)
3�
ED)
3.200.140(B)
FE)
3.200.140(G)
J)
K)
FD
6N4)
44N)
40)
4P)
Fee /Charge Reference
Aeeeunt get- 3pApplication Fee $23.00
Service to new connection $15.00 13.16.010
Service to existing connection $15.00 3.200.140 (A)
Utility Deposit Water Consumption Factor $75.00 3.200.040
Re /delinquent serviee — before —4 30 $50.00 13.' 03.200.14
p- nr:Disconnect Collection Process Fee
Field Service
Field Service Fee
After Hours Fee
After Hours Fee /Collection
Unauthorized eest
additienal)Reconnect Penalty
Late Ppay 1?penalty
Collection Notification Fee
Debit Card Convenience Fee (Counter
Debit/Credit Card Convenience Fee (Web)
Phone Operator Assist Pavment Fee
Phone No Assist Payment Fee
Meter test (accuracy test of meter)
Fire Line — per month
Meter repair
Sewer tap and inspection (In/ Out City)
Water tap application fee (each)
3
$15.00
3.200.140(D)
$75.00
3.200.140(E)
$25.00
3.200.140(F)
$50.00
3.200.14013 1 2
0
$103.00
13: 16.030 _&
44444490(B)3:200
.140(B)
$10.00
3.200.140(B)
$0_50
3.200.140(G)
$1_50
3.200.140(G)
$3_00
3.200.140(H)
$2_00
3.200.140(I)
$60.00
13.24.030
$8.00
13.28.060
$100.00 plus
13.24.100
time /material
$75.00
13.52.140
$150.00
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:
Chanter 3.200
UTILITY BILLING MANAGMENT
Sections:
3.200.010
Definitions. -
3.200.020
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 Appeah
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.
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 terns 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.
a
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.
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 3rd Ave Pasco, WA where the cashiering and billing takes place. It specifically excludes the
drop box located at City Hall or any other location.
5
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;
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:
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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) Stormwater utility fee.
C) Irrigation
d) Water
e -3) Sewer
3.200.040 DEPOSITS. Owner accounts are exempt from the deposit requirements of this
section.
A) Deposits Required on Initial Service. At the time of application for utility service,
the manager; 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 services
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
shall make a deposit or satisfy the credit policy described in subsection B of this section before
utility services will be provided.
B) Deposit Waiver. Accounts opened prior to February 28, 2013 and for which the
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
7
(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; or
2)
Upon
termination of
utility
services at one
location, be transferred to a
new utility
customer
service location
within
the City;
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.
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
R
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 tamed
off until the
delinquency and
all resulting charges are paid
in full 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.
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
0
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 35.21.2903 35.21.300, 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 Ppenalty" 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
w
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.
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.
11
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.
1) 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 ofer the water service and must be
directly responsible for the payment of the water bill;
4) The person must have resided at such place for a period of not less than
ninety consecutive days prior to the effective date of the rate set forth below and must
intend to remain at such place.
5) The person must state under oath that he or she will inform the City in
writing if there is any change in their or the household's status as it relates to the
requirements set forth above.
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
terminatedien while this hearing is pending. The manager hearing this dispute, shall be
12
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:
13.12.U10 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
reuses stem. 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
13.16.010 CONNECTION TO WATER SYSTEM OR 011TT ^ TION 0mo12
CUSTOMER cvnvrrr- 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) of—whe
desires te have water sen7ioe shall make appheation at the office designated by the City Manager
on the forms provided.
hi the event the applioation is for aft initial eonneetion to the water sefviee s5r6tem (as
provided in Chapter 13.36 er as hereafter am 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;
(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
10
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:
13.16.160 ACCESS TO PREMISES. The Water Superintendent or his duly
authorized representatives shall be allowed free access at all reasonable hours to all parts of
buildings or premises supplied with water from the municipal water system for the purpose of
inspecting the condition of pipes and fixtures and noting the amount of water used and the
manner in which it is used. If access to the meter is located outside a building but is blocked by a
locked gate, then the customer shall pay the cost to relocate the meter to outside the fenced area
pursuant to 13.24.080 or shall utilize a lock provided by the city to secure the gate The owner
shall be provided a key to the lock and the meter readers shall have access through a master key.
It shall be the responsibility of the customer to keep the area of the meter free of rubbish debris
rock, soil and vegetation and to keen the meter free of obstruction at all times for the Purpose of
meter reading. -If any owner or occupant of any premises shall violate any provision of this rule
the Water Superintendent may shut off such service and such owner or occupant shall be
required to pay any and all unpaid charges against such premises together with a charge, per
Section 13.16.090(C), for shutting off and turning on such service before the same shall be again
turned on.
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.
it shall be the responsibility ef the -eessteme- �Le area of the meter free of nabbish and
debris
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 'T4*i ili of the Water /Sewer
Utility. All references to "the utility" in this chapter refer to the Stormwater Management Utility.
The utility shall be administered and enforced by the Director of Public Works, or his/her duly
authorized designee. The Director is hereby authorized to specify such stormwater facility
operation, maintenance and performance standards, in the public rights -of -ways of the City, as
necessary to implement the requirements of this code and carry out the duties of the Director.
15
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 BA- • t' ?' „ago „�cWater /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 19th3rd day of
Deee�.z =biFebruary, 2013.
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
16
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
AGENDA REPORT
FOR: City Council February 13, 2013
TO: Gary Crutchfield, City Manager Workshop Mtg.: 2/11/13
Regular Mtg.: 2/19/13
FROM: Stan Strebel, Deputy City Manager 59'
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
5. 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:
Since Council discussion on this item on February 11, staff has added changes to Section
lof the proposed resolution, providing for identification of contact information for those
requesting fire and emergency medical services incident records (see Ref 5, p.2).
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.
8(b)
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 requestor, 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
requestor 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.
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City of Pave
525 N 3`° Avc PO Box 293
Pasco WA 99301
P6: 509 -545 -3402 Fax 509 -543 -5727
w .Pam Wcgov
Request for Public Records
I am requesting the records described below. (Please provide my additional information that will help us
locate them for you a quickly as possible. Use correct address, date, document title, etc.)
See Attached.
Pasco Police Records Request (if applicable):
Name of person involved: DOH
Incident type:
Incident Dam / Time Pasco PD Case No
Incident location:
Ell will inspect the documents at City Hall (no fee).
❑ I request the documents be copied for me (eve page2 for fees).
® I request the documents be sent to me electronically at the mail 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 Stare law, RCW 42.56.070(9), prohibits the use of public record lists of individuals for
commensal purposes. The undersigned acknowledges that if he/she 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" 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
profncxpecting activity.
I certify that my lists of individuals obtained through this request for public records will not be used for
commercial purposes.
dispute, In the event of
checking this box:
sign ate
Print Name A A�.
CbZ�
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:
1. October 2011 City of Pasco Annexation Questions and Answers publication sent 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;
7. 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. Vdeography;
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 Pasco
525 N 3ei Avc PO Box 293
O Paces WA 99301
Pb: 509 -545 -3402 Faz 509 -543 -5727
w .pasoo wa.gov
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
limirAa rn ^' ns w Batas r jnn fn: r1
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:
R7:
I will inspect the documents at City Hall (no fee).
I request the documents be copied for me (see page2 for fees)_
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 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 indir
for damages. "Commercial purposes" means that the person requesting
will be used to communicate with the individuals named in the record
profit- expocting activity .
record lists of individuals for
r, or allows others to use, such
riduals 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: B /
Signature��, , �G� Dace
Print Name &4 G.,� if v o X Address &' /Z/ -ma-4�f 2% k
Cit Cc, S L v St _ f Zip,`�7 Phone
tttt �
Fax Email
City orPMW
525 N 3id Ave PQ Box 293
Pasco WA 99301
Ph: 509. 545.3402 Fax; 509. 543.5727
www.puco.wa.gov
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.)
See Attached.
Pasco Police Records Request (if applicable):
Name of person involved:
Incident type:
Incident Date / Time:
Incident location:
E
Pasco PD Case No
1 will inspect the documents at City Hall (no fee).
i request the documents be copied for me (sec page2 for fees).
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 42.56.070(9), prohibits the use of public record lists of individuals for
commercial purposes. The undersigned acknowledges that if he/she 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' 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 elected by
checking this box: ❑x
Signature pate 1/23/13
Print Name Mark Mansell Address
Pasco
City St WA Zip 99301 Phone 509- 547 -6173
Email mark(r@,,saracon.net
$)L
t
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;
3. 2904 Road 68, Pasco, Washington 99301;
4, 3114 W. Wilcox Drive, Pasco, Washington 99301;
5. 909 N. 261 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 5097835319
212012
21, 2012
Debbie Clark
City Clerk
525 North 3rd Avenue
PO Box 293
Pasco, WA 99301
MAHONEY LAI4 OFFICE
TIMOTHY W. MAHONEY, P. S
970Me AT uw
2630 WEST ENTIAT AVENUE
KENNEWICK, WA 99338
TELEPHONE (509) 783.7437
FAX (609) 783 -5318
RE: 681 through 726 Public Record Request
City of Kennewick v. Rigoberto Hernandez
PAGE 02/19
f
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! (11/20/12)
Please provide similar
programs
as those outlined in the attached
Slog 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 Cr. Allen for Global Animal health since January let 2007
through 2012.
Please provide the number of animals sent to WSU -VM by TCAC since April 16,
2003 through January lst 2007.
11/21/2012 11:35 5097635319 MAHONEY LAW OFFICE PAGE 03/19
Please provide the number of animals sent to WSU -VM by TCAC and A2Z
Animal Sheltering Service from January 151 2007 thraugb. 2012.
Please provide the number of animals returned alive from WSU -VM to TCAC
since April 16, 2003 through January lvt 2007.
Please provide the number of animals returned alive from WSU -VM to TCAC
and A2Z Animal Sheltering Service from January 151 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 WSUNM and all
members listed below on the Operating Jurisdiction Agreement for the Animal
Control Authority (ACA) from January 1st, 2007 through 2012.
Members are listed but as new names may be included since January lst, 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. Loffler, 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 5097835319 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 IS, 2007 through 2012.
Please provide the number of animals that have been sent to the Paul G. AIlen
for Global Animal Health from TCAC and A2Z Animal Sheltering Service from
January 15t 2007 through 2012,
Please provide the yearly budget of the ACA from January 1st 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 1512007
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 15t 2007
through 2012.
Please provide records from ACA scheduled meetings including agenda and
minutes from January l5t 2007 through 2012.
Please provide all correspondence and emads from ACA members to the TCAC
and A2Z Animal Sheltering Service from January 15t 2007 through 2012.
Please provide all correspondence and emails from TCAC and A2Z Animal
Sheltering Service to the ACA from January 1St 2007 through 2012,
Please provide a certified 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 5097835319 MAHONEY LAW OFFICE PAGE 05/19
supplied by ACA, TCAC and A2Z Anima]. Sheltering Service since April 16, 2003
through 2012.
Please contact for any clarification - Thank you.
SY>
ti t
Enc.
11/21/2012 11136 5097035319 MAHONEY LAW OFFICE PAGE 06/19
CITY CJEFr K (509) 545 -3402 / Fax
525 North 3rd Avenue PO B" 293 Pasco WA 9931
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,
i09)543 -5727
www.pawo•wa.grn
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 I will gladly reserve a conference
room and have staff available to assist.
Also please advise if there are still any documents outstanding on requests 6681 through 6726, 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 requestjs), 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
509- 544 -3096
clarkd @pasco- wa -gov
11/21/2012 11:36 5097935319 MAHONEY LAW OFFICE PAGE 07/19
The Keys to the Kingdom: Nathan J Winograd
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Browse > Hg tie / Bleg Posts / The Keys to the Kingdom
The Keys to the Kingdom
November 15, 2012 by Nathan T Winograd
Page 1 of 5
11/21/2012 11:36 5097835319 MAHONEY LAW OFFICE PAGE 08/19
The Keys to the Kingdom: Nathan J 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 arches 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. Tbore were very )united 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 Holly 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.
11/21/2012 11:36 5097035319 MAHONEY LAW OFFICE PAGE 09/19
The Keys to the Kingdom: Nathan .1 Winograd
Page 3 of 4
Holly came to the U.P. from Santa Monica. California. Although she did not bring stymy 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 me 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 key 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
snake 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 Petfinder 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:
I 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 5097035319 NAHONEY L4) OFFICE PAGE 11/19
The Keys to the Kingdom! Nathan ] 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 came to realize after reading 'Rcde,On' 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 !'hanks, from Holly to Dr, Christopher Hall, Dr. Mandie Wehr, Marilyn Carter,
.Don and Sharon Brunner, !Kristin Green and Tammi pr0ulz, and many, many others.
Have a comment? Join the discussion by clicking here.
My Facebook page is facebook.com /nathanwinoirad. The Facebook page of my organization
is facebook .com/nokilladvocacvicenter. Many people mistakenly believe that the Facebook pages at No
Kill Nation and No Kill Revolution are my pages. They are not
Krum rk w 7ctf.
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11/21/2012 11:36 5097835319 MAHONEY LAID OFFICE PAGE 12/19
What is your local shelter doing for Black Friday^ o YesBiscuit!
YesBiscuit!
Shelter (noun): Something that affords protection; a refuge, a haven.
What is your local shelter doing for Black Friday?
November 20, 2012
(http:ayesbiiscuit. files. wordpre ss.com /2012/11/051108 .jwlbal jpg)
Black dog, green tennis ball.
Page I of 3
Is your local shelter running an adoption promotion on Slack 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 11:36 5097$35319 MAHONEY LAW OFFICE PAGE 13/19
What is your local shelter doing for Black Friday? « it esBiscu.it!
Page 2 of 3
more,htmb in Wichita is waiving adoption fees on all black pets this Friday and discounting fees on
their other pets. The Charlotte pound
(hU:j/charmeck.org/ci!y&ha
in NC will be closed to the public although the website doesn't state if the kill room will operate on
normal hours.
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.
Rely
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 animals in
there, the ones that are working. They did on the 4th of July. Yep., .I guess I'll be doing another
FOIA on this wonderfully screwed up Holiday for the Shelter Animals of Sonoma County... Sigh...
3, nkbn Says:
November 20, 2012 at 12:32 tam
11/21/2012 11:36 5997835319 MAHONEY LAW OFFICE PAGE 14/19
What is your local shelter doing for Black Friday? (i YesBiscult! Page 3 of 3
Buffalo Humane is having a Cat Friday adoption event
hMs://vtrww.facebook.comieventsL4M798967900125 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!
euly
4. Karen Josephson Says:
November 20.2012 at 1:48 nm
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 fadltiy 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 cohere 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 therm frankly don't give a damn.
BUT we elect these people and need to do abetter job vetting them!!!
a'
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11/21/2012 11:36
5097835319
MAHONEY LAW OFFDCF
PAGE 15/19
Animal Sheltering in the
Words of Those
Who Don't and Those Who Do a YesBisettit!
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 IdU is not real, in the words of killing apologists:
"[P] lease don't believe that no kill shelters work. They simply do not." — Ed Snaith
(http: //yesbiscuit.wordpleS com /2o12/09/l9/lie -of- the- dav- caffn1t co ya-a-great safe place for ^"-
animals6 ACO Humane Society of Carroll CO in MD
"When you have a no-kill shelter, someone else is going to have to kill." — Connie of drayy
(http: / /Ye.5bi5ccuit wordvress com/2012/10! 0/1 master co per killers need to- stepup to platel)
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 KiII 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 (http l/www examiner com/article/i-was-there-one-V oltint r view of
a- shelter -s- transition -to-no- kill), former volunteer at Tompkins CO SPCA in NY
I 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. [ ... ] All I ever thought about through the whole process was what type of organization
this could be to work for. blow, it is a great one!!! I never imagined so many lives could be saved! -
]Da=a Kennedy (h p: / /vesbiscuit.wordpress com /2QI 2 `18 /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 MAHONE`/ LAW OFFICE PAGE 16/19
Animal Sheltering in the Words of Those Who Don't and Those Who Do « YesBiscuit!
Page 2 of S
"We're all here for the same reason. We should work together." - Mary Anne Tolbert
LhU:Uyesbiscuit,wordl2ress com /2012/01 /31 /sc- shelter director fired rescuers allege not enough
wvll,tmZL 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
killing as
an option, humans are incredibly
creative." - BonnU Brown
(http:
/ /vimeo.com
/484459029)
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
puppiesT I turned to them and I said, 'What is Plan BY" - Nathan Winograd
(hft11vimeo.com/48445902#) former director Tompkins Co SPCA in W, current director No Kill
Advocacy Center (http• / /www no +lladvocacvicenter orro
sxM
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 " - Lim
Hazel (httv:! /yesbisc_ _- _uit wordvress mm/2012(06/25 /the - excellent care and g�people at the
sung- co-pound/L president Sur y Co HS in NC
"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
(http / /vesbiscuit.wordnress. com / 2012 /07/24 /lew;cbnr$ t_n�F:r nt_S 1)rinc the Stupa� city
manager in charge of the Lewisburg pound in IN
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." n
— Bonney Brown
(http: / /vimeoxom/48445902Q director Nevada Humane Society in Reno
:rte
Deflect, deny and spay /neutex — 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 Ao « YesBiscuiv Page 3 of 5
"The staff at the Cache Humane Society are professionals who are trained to give vaccines, implant
rrdcrochips, and yes, perform euthanasias. 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• //yesbiscuit wordp ess com /2012/10/06/ ach human
scoie - s-ownedzyetsh executive director Cache HS in UT
"We're on a positive trend. And we will continue to march forward in terms of excellence." -
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." CbdsS2yaI
OaU://vesbiscuitwordnress com /2012 /07!28 /cats sa;�ad fmm alleged hoardin sq ituation sent to-
gassing- pound -in -nc/1 director Iredell Co pet gassing facility in NC
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." Mi[ceFr_v
executive director Animal Ark shelter in MN
On the banning of volunteers, in the words of pound directors:
"Congratulations [volunteer],.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
(httn• // bi nit wo dpi com/2012109/D5 /shelter dir ctor positions .v.'Ula 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
(http-./Lyesbiscuit wordpress com /2012/081IWthis is how its -done/) director Saginaw Co pound in
MI
Compare to the words of no kill shelter directors:
I* 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 Baile (http / /www nathanwinog com / ?p. 8861
director Seagoville Animal Services in TX
"I so often hear the complaint of 'it's not possible to be no -k171 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." - Holly Henderson (http://www.,,r-tad)anwinograd-com/?
—11170 ) director Chippewa Co AC Shelter in MI
11/21/'101`'2 11:36 5097835319 MAHONEY LAW OFFICE PAGE 18/19
Animal Sheltering in the Words of Those Who Don't and Those Who Do « YesBiscuit! Page 4 of 5
Say what, pound directors?:
"One thing we've committed to is that we're going to scan there all (for microchips) after they've
been euthanized." - Colleen Macuk e bi cuit.word res .c 2012 0 26 " c s
the - frying -pan/) director Jackson Co pound in OR
"Dogs, from what x understand, can survive several — 2, 3, 4 weeks without food." — Frances
Williams (htW:/Lyesbiscuit,wordprqs.com/2012/10/18/we-will not tolerate -the abtyse o nv
animal - huge - asterisk/). director Horn 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
(ht!R://wcvw-natlianwiM&rad.co.m/?12=i235), director Nevada Humane Society in Reno
##% rt#+ F�Fkrt#.+ be+ r# k�wla» rt�e�rtrtxrMM�l .kt! #,v+r #k4rt#+F ##M! # #�Ff #M# WMritwKkrtM2 #4Mfi
"Have faith in people_ That's the biggest thing.
(htty: //www.animalarksheiter " /a
or nimal/ArkArtiele6 n f/ViemArticle?
Q_penForm& Photo= D049FF3AA487DDE886257A7600502EFA) volunteer Shelby Co No .Kill .Mission
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Posted by YesBiscuit
Filed izt 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 pm
11/21/2012 11:35 5097035319 MAHONE`/ LAW OFFICE PAGE 19/19
Animal Sheltering in the Words of Those W110 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 ill 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 Elkins WV- 33 cats abandoned in a rural shelter parking lot... and what
happened next.
&nlv
2. KarenjSays--
November 19.201:2 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!
Rmly
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11/21/2012 11:36 5097835319 MAHONEY LAW OFFICE PAGE 01/19
"YE MAHONEY
TIMOTHY W. MAHONEY, ,PS
2630 W. Entiat Avinue
Kennewick, WA 99336
Facsimile transmittal
To:
Company: �e4S•�"
Phone: ,3-D -
Fam
From: Mary Mahoney
Company:.Timothy W, Mahoney, PS
Phone: (509) 783 -7437
Fax: �`` (509) 783 -53.19
Re API
Pages: (including this cover page)
Message:
This facsimile transmission and the accompanying documents may contain confidential information which is
protected by the attorney /client privilege. The information is intended only for the use of the individual or entities
nernW above. If you are not the intended recipient; you are hereby notified that any disclosure, copyingor
distribution of this information is strictly prohibited by law. Ifyou have received this transmission in error, plene
WAC 44 -14- 04003: Responsibilities of agencies in processing requests.
WAC 44 -14 -04003
Responsibilities of agencies in processing requests.
Page 1 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 42.17.270/42.56.080.1 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 requestors 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 .3
An agency cannot require a requestor 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
requestor 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 requestor. RCW 42.17.290/42.56.100. 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 requestor would
like.
(3) Communicate with requestor. Communication is usually the key to a smooth public records process for both requestors and agencies.
Clear requests for a small number of records usually do not require predelivery communication with the requestor. However, when an agency
receives a large or unclear request, the agency should communicate with the requestor 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 requestor 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 requestor of the progress of the request. Similarly, the requestor should periodicalty
communicate with the agency and promptly answer any clarification questions. Sometimes a requestor finds the records he or she is seeking
at
the beginning of a request. If so, the requestor 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 requestor'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 requestor. 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 42.17.320142.56.520. 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.4 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 requestor or find itself in a controversy about whether the request requires the creation of a new
- ecord. 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
fisclosing the underlying records, it should obtain the consent of the requestor to ensure that the requestor is not actually seeking the underlying
" ecords. Making an electronic copy of an electronic record is not "creating" a new record; instead, it is similar to copying a paper copy. Similarly,
:liminating 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
vhite -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
vithin the five- business day period, an agency must provide a reasonable estimate of the time it will take to fully respond to the request. RCN/
32.17.320/42.56.520. Fully responding can mean processing the request (assembling records, redacting, preparing a withholding index, or
iotifying third parties named in the records who might seek an injunction against disclosure) or determining if the records are exempt from
fisclosure.
An estimate must be "reasonable." The act provides a requestor a quick and simple method of challenging the reasonableness of an agency's
ittp:H 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
astimate. 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
:ime 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 -
Jay 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
:he estimate in the initial response. The explanation need not be elaborate but should allow the requestor to make a threshold determination of
Nhether 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
seed 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
Nhen the circumstances have changed (such as an increase in other requests or discovering that the request will require extensive redaction). An
:stimate 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
72.17.320/42.56.520. An agency can only seek a clarification when the request is objectively "unclear." Seeking a "clarification" of an objectively
-fear request delays access to public records.
If the requestor fails to clarify an unclear request, the agency need not respond to it further. RCW 42.17.320/42.56.520. 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
oroviding 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 e 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 .6 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
mportant 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
Norks project might initially be directed to all staff in the finance and public works departments if those departments are deemed most likely to
nave 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
ikely 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
:hose 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
farrow 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
:ommunicate with the requestor that additional time is required to fulfill the request based on specified criteria. Unjustified failure to provide the
-ecord 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
:hird 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
ittp:H 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 3 of 3
is exempt from disclosure .7 RCW 42.17.330142.56.540. 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 requester as a party to any action to enjoin disclosure. If an injunctive action is filed,
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 requester 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 requestor in writing and provide a brief explanation of the circumstances.
Notes: 'See also Op. Att'y Gen. 2 (1998).
'See 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.
5 A 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 463 § 4, amending RCW 42.56.570. 07 -13 -056, § 44 -14- 04003, filed 6/15/07, effective 7 /15/07. Statutory Authority: 2005 c 463 § 4, RCW 42.17.346. 06 -04-
)79, § 44- 14- 04003, filed 1/31106, effective 3/3/06.]
ittp: // 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 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:
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, fire and emergency medical services incident 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. Fire and Emergency Medical
Services Incidents and Municipal Court records. Requests to inspect or copy any records
maintained by the City, other than Police, Fire and Emergency Medical Services
Incidents and Municipal Court records, should be made to the Public Records Officer at:
Office of the City Clerk
City of Pasco
525 North 3`d, Pasco WA 99301
(509) 545 -3402 - telephone
(509) 543 -5727 - facsimile
Email address: cityclerkinfoQPasco- wa.gov
2) Requests for Police records. Requests to inspect or copy records
maintained by the City's Police Department should be made to the Police Records
Officer at:
Records Office
City of Pasco Police Department
525 North 3`d, Pasco WA 99301
(509) 545 -3421 - telephone
(509) 545 -3423 - facsimile
3)
Requests
for
Fire and
Emergency
Medical
Services
Incident
records
Requests to inspect or copy
records
for
fire and
emergency
medical services incidents
maintained
by
the City's
Fire
Department should
be
made
to
the
department at:
Fire Administration
City of Pasco
310 North Oregon Ave., Pasco WA 99301
(509) 545 -3426 - telephone
(509) 545 -3439 - facsimile
Public Records Request Resolution - Page 2
4) Requests 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 0', Pasco WA 99301
(509) 545 -3491 - telephone
(509) 543 -2912- facsimile
5) 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 1:30 p.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
Public Records Request Resolution - Page 3
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:
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.
Public Records Request Resolution - Page 4
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.
1) In order to accomplish the policy that requests be processed in the order
allowing the most requests to be processed in the most efficient manner, large or complex
requests will be processed separate from routine requests and will be processed together
with other large or complex requests in the order such requests were received
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
of request.
In making
days of receipt of the
this determination
public records
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, the rights of third parties,
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 responsibly.
B)
Acknowledging
of a deposit
for the copies, if any, is
receipt
of request.
Within five (5) business
days of receipt of the
request, the
public records
officer will
do one or more of the following:
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;
Public Records Request Resolution - Page 5
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.
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 requester 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 requester 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.
Public Records Request Resolution - Page 6
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 refrle the assembled records. Other public records
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 copies of records. 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.
Public Records Request Resolution - Page 7
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 51 COSTS OF PROVIDING COPIES OF PUBLIC RECORDS.
A)
Costs for Raper
copies. There
is no fee for inspecting public records. A requestor
may obtain
copies for the
following costs:
actual costs of mailing (including the
1) Standard black and white photocopies - 15 cents (15¢) per page;
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
actual costs of mailing (including the
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
services.
In the event the City is required due to
the size of
actual costs of mailing (including the
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.
D)
Costs
of mailing.
The City may also
charge
actual costs of mailing (including the
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.
Public Records Request Resolution - Page 8
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
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
Debbie Clark, City Clerk
Approved as to Form:
Leland B. Kerr, City Attorney
Public Records Request Resolution - Page 9
CC_►1:
FOR: City Council (�
TO: Gary Crutch f1 Manager
FROM: Stan Strebel, Deputy City Manager ��
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.
10(a)
REAL ESTATE PURCHASE AGREEMENT, SUBJECT TO LIQUIDATION
COURT CONFIRMATION
THIS REAL ESTATE PURCHASE AGREEMENT, SUBJECT TO LIQUIDATION
COURT CONFIRMATION ( "Agreemenr) 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 ($2,800,000.00) 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)
$2,800,000
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:
3771010 W20112
cshl0evWd standard life% adm 1 pasw psa.3
(a) Liquidator and /or Court Confirmation of this sale as follows:
1. 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
Seiler to sell the Property on the terms and conditions as set forth herein.
2. 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 "Court') for confirmation of this
Agreement no later than thirty (30) days after the date of Buyer's issuance
of the Notice to Proceed.
3. The Court shall have entered an order approving this Agreement and the
transactions contemplated hereunder (the "Sale Order"). 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 untl the Sale Order becomes a Final
Order. The parties hereby authorize and direct the Title Company to
disburse the Deposit to Seiler. 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.
The Sale Order shall have become a Final Order. As used in this
Agreement the tern "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
3771/0701120/12 .2-
mhiplaybW standard lde%Nr dm r Paeto p".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 attorneys' 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 11120/12 _3
NhVeylold standard Ilklbroadrnmr pasw pu.3
AIA RES
PECT TO, HEREBY DISCLAIMS, AND SHALL HAVE NO LIABILITY FOR;
(A) THE CONDITION OF THE PROPERTY OR ANY BUILDINGS,
STRUCTURES OR IMPROVEMENTS THEREON OR THE SUITABILITY OF
THE PROPERTY FOR HABITATION OR FOR BUYER'S INTENDED USE, 3
(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 2
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 ay
LIMITATION ASBESTOS OR UREA - FORMALDEHYDE, OR THE PRESENCE *gg
OF ANY ENVIRONMENTALLY HAZARDOUS WASTES OR MATERIALS ON , 1TiL
OR UNDER THE PROPERTY. BUYER ACKNOWLEDGES THAT BUYER IS y 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. L' i
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 J � 3
copies of any third party reports or surveys obtained by Buyer during the Due S U
Diligence Term and any extensions thereof at no cost to the Seller. Upitit to.lt is
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 Seller on receipt of such notice from either
3771101011120/12 -a _
csid0e0M siwdwo Iirerbroad r r 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:
N/A of the accepted price to N/A , who represents Seller; and
N/A 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 all 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
377110101 MM12
=hVe&4d etwdwd Idetb=dn 5 pa° pw.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: it 4!i;?
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 -class 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):
3771/010 1120/12
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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 11=12 - 7 - Pasco p".3 standard liletbroadm r
lam
Alston Courtnage 8 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: 866406 -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 - person(s) 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, 9
any, there are taken in an " s 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.
MUM 11120112
aMpleVWd clandald bfelbmadm" pnw pu,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]
3771/010 11120112
c Ngle&4d ataMard rdeUoadrtwor pasoo pu.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:
CIT\
By:
Nam
Title: ( 1 fi _.otti*4�j
T—
Date:
SELLER:
OLD STANDARD LIFE FRANCE COMPANY, IN
LIQUIDATION, an Idaho r�orporation
Vame: i
3771/010 1 V2011
cstupleMd standard life%t admoor 10 _
o Paswp",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, Auditors 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 °57'45' West,
along said Easterly right of way margin, for 120.26 feet; thence South 89 00215" 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 043100" 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 22 017'00" 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 °30'20 ", 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 16 947'20" East); thence Southeasterly along the arc of said
curve to the left, through a central angle of 15 °55'45 ", for an arc distance of 180.99 feet
to the point of tangency; thence South 89 °08'26" 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 °51'34" 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 °08'26" 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 20 941'02" West);
thence Northwesterly along the arc of said curve to the left, through a central angle of
09 929'140, for an arc distance of 680.55 feet; thence, leaving said curve, North
73 °25'12" West, along said Northerly right of way margin for 949.40 feet; thence North
64 038'05" West, along said Northerly right of way margin, for 293.45 feet; thence,
37711010 11120112
ahVeywd standard IifeWroadmoor Paw pw.3
leaving said Northerly right of way margin, North 22 017'000 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 °51'34" 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 °08'26" West
for 304.16 feet; thence North 00 051'34° East for 157.33 feet to the True Point of
Beginning.
APN: 115 -450 -045
3771/010 11 0/12
csh'Meyald $Mdard lifelbmadm palm psa.3
EXHIBIT B
EARNEST MONEY NOTE
$60,000.00
Pasco, Washington
(ate
12012 c�!,
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 terms 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:
Narr
Title:
37711010 1120/12
eshi&ybld WwWard Bfelbroadm ROW W.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=12
ohigleylold standard 11(ftroadrnoor 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.
3771/01011rM12
cshVeAdid standard firfe%medmoor Pasco px.3
1. TITLE AND LEGAL
(] Yes
[ ] No
[ ] Don't know
A. Do you have legal authority to
sell the property? If no, please
explain.
[ ] Yes
[ j No
[ ] 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?
[ ] Yes
[ ] No
[ ] Don't know
'E. Is there a private road or
easement agreement for access to
the property?
[ ] Yes
[ ] No
[ ] 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?
[ ] Yes
[ ] No
[ ] Don't know
"i. Is there a survey for the
property?
3771/01011rM12
cshVeAdid standard firfe%medmoor Pasco px.3
[ ] Yes
[ ] No
[ ] Don't know
`J. Are there any legal actions
pending or threatened that affect
the property?
[) Yes
[ ] No
[ ] Don't know
'K. Is the property in compliance
with the Americans with Disabilities
Act?
2. WATER
[)Yes
[ ] No
(] Don't know
'Are there any water rights for the
property, such as a water right
permit, certificate or claim?
3. SEWER/ON -SITE SEWAGE
SYSTEM
[]Yes
[]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?
4. STRUCTURAL
[I Yes [ ] 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 [ ] Don't know 'C. Have there been any
conversions, additions, or
(] No remodeling?
[ ] Yes [ ] Don't know '(1) If yes, were all building
permits obtained?
[ ] Yes (] No [ ] Don't know '(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?
37711010 11/20172
cshigleylold standard lirelbroadmoor Pasco Psa3
[ ] Yes
[ ] No
[ ]
Don't know
*E. Are there any defects with the
following: (If yes, please check
applicable items and explain).
[ ] Foundations
[ ] Slab Floors
[
] Doors
[
] Outbuildings
[
j Ceilings
(]
Exterior Walls
[ ] Sidewalks
[ ]
Siding
[ ]
Other
[ ]
Windows
[ j
Interior Walls
5. SYSTEMS AND FIXTURES
[ ] Yes
[ ] No
[)
Don't know
`Are there any defects in the
following systems? If yes, please
explain.
[ ]Yes
I ]
No
[ J
Don't know
(1) Electrical system
[ ]
Yes
[ j
No
[ ]
Don't know
(2) Plumbing system
[ ]
Yes
[ J
No
[ ]
Don't know
(3) Heating and cooling systems
[ ] Yes
[ ] No [ ]
Don't know
(4) Fire and security system
6. ENVIRONMENTAL
(]Yes
[ J 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 NJ
Don't know
•C. Are there any shorelines,
wetlands, floodplains, or critical
areas on the property?
(] Yes
[ ] No [xj
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
[ ] No [x]
Don't know
*E. Is there any soil or groundwater
contamination?
MUM 11/20t12
cshigleyWd standard U1e%ma*m Paso P80.3
(] Yes No (x] Don't know 'F. Has the property been used as
a legal or illegal dumping site?
(] Yes [ ] No [x) Don't know 'G. Has the property been used as
an illegal drug manufacturing site?
7, FULL DISCLOSURE BY
SELLERS
[ ]Yes []No Don't
A. Other conditions or defects:
(] know 'Are there any other existing
material defects affecting the
Property that a prospective buyer
should now about?
SELLER:
OLD STANDARD LIFE
LIQUIDATION, an Idah
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.
JSURANCE COMPANY, IN
corporation
/ z /C��
Name: h � 11 I'2
Title:
Date:
3771/010 11120112
mhi0eyldd standard lihcu6 dm.
pas psa 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 P�� P9
mhf&&Id standard ft broaden r sa
BUYER:
CIT`
By:
Narr
Title
Date: _ � /- ZI' i?�
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.
37771010 11rM12
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