HomeMy WebLinkAbout2013.03.04 Council Meeting PacketAGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m.
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance
March 4, 2013
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 19, 2011
2. Minutes of the Special Pasco City Council Meeting dated February 25, 2013.
(b) Bills and Communications: (A detailed listing of claims is available for review in the Finance
Manager's office.)
1. To approve General Claims in the amount of $1,700,437.94 ($66,111.29 in the form of
Electronic Fund Transfer Nos. 14026, 14080 and 14092; and $1,634,326.65 in the form of
Wire Transfer Nos. 1292, 1293, 1296, 1297 and 1298; and Claim Warrants numbered 191753
through 191940).
2. To approve Payroll Claims in the amount of $2,234,611.51, Voucher Nos. 45229 through
45290 and 80240 through 80249; and EFT Deposit Nos. 30057491 through 30058056.
(c) Reject Bids for 4`" Avenue Corridor (Court Street to I -182) Project No. C2- 10- 06 -STR:
1. Agenda Report from Mike Pawlak, City Engineer dated February 21, 2013.
2. Vicinity Map.
3. Bid Summary.
To reject all bids for the 4" Avenue Corridor (Court Street to I -182) Project in as much as all of
the bids received significantly exceeded the Engineer's Estimate and approved project budget.
(d) Resolution No. 3461, a Resolution approving a sublease for the Pasco Boat Basin.
1. Agenda Report from Rick Terway, Administrative & Community Services Director dated
February 28, 2013.
2. Proposed Resolution.
3. Proposed Sublease Agreement.
To approve Resolution No. 3461, approving the Boat Basin Marina Sublease Agreement with
Columbia Marine Center.
(RC) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a)
(b)
(c)
5. VISITORS - OTHER THAN AGENDA ITEMS:
(a)
(b)
(c)
6. REPORTS FROM COMMITTEES AND /OR OFFICERS:
(a) Verbal Reports from Councilmembers
(b)
(c)
Regular Meeting 2 March 4, 2013
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING
THERETO:
*(a) Street Vacation (MF #VAC2013 -001) Portion of Washington Street (Port of Pasco/Morales).
1. Agenda Report from Dave McDonald, City Planner dated February 26, 2013.
2. Overview Map.
3. Vicinity Map.
CONDUCT A PUBLIC HEARING
MOTION: I move to continue the public hearing to the March 18 Council meeting.
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
(a) Ordinance No. an Ordinance of the City of Pasco, Washington, Amending Chapter 1.10
of the Pasco Municipal Code regarding Voting Districts.
1. Agenda Report from Stan Strebel, Deputy City Manager dated February 27, 2013.
2. Map of Current Council Districts.
3. Matrix, Population by Precinct / District, Current.
4. Map, 5- District Option.
5. Proposed Ordinance.
MOTION: I move to adopt Ordinance No. , revising City Council District Boundaries to
comply with population limitations and, further, to authorize publication by summary only.
(b) Resolution No. 3460, 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 27, 2013.
2. Proposed Resolution.
MOTION: I move to approve Resolution No. 3460, as amended, amending Resolution No. 3446
regarding Public Records Requests.
91 UNFINISHED BUSINESS:
(None)
10. NEW BUSINESS:
*(a) 2013 Crack Sealing Project No. M3- OV- 3R- 13 -02:
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated February 25, 2013.
2. Vicinity Map.
3. Bid Summary.
(RC) MOTION: I move to award the low bid for the 2013 Crack Sealing Project to B.C.V. Inc., in the
amount of $143,430 and, further, authorize the Mayor to sign the contract documents.
11. MISCELLANEOUS DISCUSSION:
(a)
(b)
(c)
12. EXECUTIVE SESSION:
(a)
(b)
(c)
13. ADJOURNMENT.
(RC) Roll Call Vote Required
* Item not previously discussed
MF# "Master File #.....
Q Quasi - Judicial Matter
REMINDERS:
1:30 p.m., Monday, March 4, KGH — Emergency Medical Services Board Meeting.
(COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.)
2. 12:00 p.m., Wednesday, March 6, 2601 N. Capitol Avenue — Franklin County Mosquito Control District
Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.)
3. 5:30 p.m., Thursday, March 7, P &R Classroom — Parks & Recreation Advisory Board Meeting.
(COUNCILMEMBER SAUL MARTINEZ, Rep.; MIKE GARRISON, Alt.)
REGULAR MEETING
CALL TO ORDER:
MINUTES
PASCO CITY COUNCIL FEBRUARY 19, 2013
The meeting was called to order at 7:00 p.m. by Rebecca Francik, Mayor Pro -Tem.
ROLL CALL:
Councilmembers present: Rebecca Francik, Mike Garrison, Tom Larsen, Saul Martinez
and Al Yenney. Excused: Robert Hoffmann, Mayor Watkins.
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, Mike Pawlak, City Engineer and Dunyele
Mason, Financial Services Manager.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
(a) Approval of Minutes:
Minutes of the Pasco City Council Meeting dated February 4, 2013.
Minutes of the Special Pasco City Council Meeting dated February 11, 2013.
(b) Bills and Communications:
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, 13839, 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).
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:
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:
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:
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:
To approve the interlocal agreement with the Pasco Public Facilities District for
administrative services and, further, authorize the Mayor to sign the agreement.
3(a).1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 19, 2013
(g) Resolution No. 3459, a Resolution authorizing the sale of equipment surplus
to City needs.
To approve Resolution No. 3459, authorizing the disposal of a check signer machine and
a star dock surplus to City needs.
MOTION: Mr. Garrison moved to approve the Consent Agenda as read. Mr. Martinez
seconded. Motion carried by unanimous Roll Call vote.
REPORTS FROM COMMITTEES AND /OR OFFICERS:
Mr. Yenney attended the Benton Franklin Council of Governments Board meeting and,
along with Ms. Francik and Mr. Crutchfield, attended the Association of Washington
Cities Legislative Action Conference in Olympia.
Mr. Garrison attended the TRIDEC Board of Directors meeting.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Ordinance No. 4096, 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."
MOTION: Mr. Garrison moved to adopt Ordinance No. 4096, 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. Mr.
Yenney seconded. Motion carried unanimously.
Resolution No. 3460, a Resolution of the City of Pasco, Washington, amending
Resolution No. 3446 regarding Public Records Requests.
Council and staff discussed the proposed resolution.
Mr. John Talbot, 6712 W. Octave, suggested the process be simple for smaller
requests.
MOTION: Mr. Martinez moved to table Resolution No. 3460 to the next workshor
meeting to discuss refining the method of identifying complex requests. Mr. Larsen
seconded. Motion carried unanimously.
NEW BUSINESS:
Property Purchase:
Council and staff discussed the proposed property purchase.
MOTION: Mr. Garrison moved 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. Mr.
Yenney seconded. Motion carried 4 -1. No — Larsen.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 7:58 p.m.
APPROVED:
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
PASSED and APPROVED this 4th day of March, 2013.
2
SPECIAL MEETING
CALL TO ORDER:
MINUTES
PASCO CITY COUNCIL FEBRUARY 25, 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; Lee Kerr, City Attorney; Rick White,
Community & Economic Development 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 — CITY COUNCIL DISTRICTS:
Conduct a Public Hearing:
Mayor Watkins explained the 5- District Option and 3- District Option.
Council discussed each option.
MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER
THE 5- DISTRICT OPTION AND 3- DISTRICT OPTION.
No comments were received.
FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST,
MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED.
Council discussion continued.
Mayor
Watkins asked
staff to
prepare
the
5- District Option and
place on the
March
4, 2013 Council
Meeting
Agenda
for
consideration and final
action.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 7:15 p.m.
APPROVED:
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
PASSED and APPROVED this 4th day of March, 2013.
I
3(a).2
CITY OF PASCO
Council Meeting of: March 4, 2013
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the
services rendered a labor performed as described herein and that the claim is a just, due and unpaid
obligatio gain the city and that we are authorized to authenticate and certify to said claim.
t
Id, CTIManagacr Du , ffyU16-Masopr Finance Services Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do
hereby certify on this 4 day of March, 2013 that the merchandise or services hereinafter specified have been received:
Check Numbers and 191753- 191940 In The Amount Of: $ 1,634,326.65
Electronic Funds Transfers: 1292, 1293, 1296
1297,1298
Electronic Funds Transfers:
(Journal Entries)
Councilmember
GENERALFUND:
Legislative
Judicial
Executive
Police
Fire
Administration & Community Services
Community Development
Engineering
Non - Departmental
Library
TOTAL GENERAL FUND:
Combined total of $1,700,437.94
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
RIVERSHORE TRAIL & MARINA MAIN
SPECIAL ASSESSMNT LODGING
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
MEDICAL/DENTAL INSURANCE
CENTRALSTORES
PAYROLL CLEARING
LID CONSTRUCTION
PUBLIC FACILITIES DIST
TRI CITY ANIMAL CONTROL
SENIOR CENTER ASSOCIATION
GRAND TOTAL ALL FUNDS:
464,368.90
14,467.87
0.00
41,816.19
3,119.48
1,590.41
2,834.42
0.00
1,543.37
19.50
0.00
60,000.00
9,521.59
0.00
52,186.00
0.00
$ 1,7009437.94
3(b).1
In The Amount Of: $
66,111.29
14026,
14080,
14092
GENERALFUND:
Legislative
Judicial
Executive
Police
Fire
Administration & Community Services
Community Development
Engineering
Non - Departmental
Library
TOTAL GENERAL FUND:
Combined total of $1,700,437.94
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
RIVERSHORE TRAIL & MARINA MAIN
SPECIAL ASSESSMNT LODGING
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
MEDICAL/DENTAL INSURANCE
CENTRALSTORES
PAYROLL CLEARING
LID CONSTRUCTION
PUBLIC FACILITIES DIST
TRI CITY ANIMAL CONTROL
SENIOR CENTER ASSOCIATION
GRAND TOTAL ALL FUNDS:
464,368.90
14,467.87
0.00
41,816.19
3,119.48
1,590.41
2,834.42
0.00
1,543.37
19.50
0.00
60,000.00
9,521.59
0.00
52,186.00
0.00
$ 1,7009437.94
3(b).1
CITY OF PASCO
Payroll Approval
The City Council
City of Pasco
Franklin County, Washington
Council Meeting of:
March 4, 2013
The following is a summa payroll claims against the City of Pasco for the month of
February 2013 Uareprese d r ewith for your review and approval.
!i V.XJj,4c�
Gary Cru chfie d, City ager Rick Terway,'Administrative &Comm ity Services Director
We, the undersigned City Council members of the City Council of the City of Pasco, Franklin County,
Washington, do hereby certify that the services represented by the below expenditures have been received
and that payroll voucher No's. 45229 through 45290 and 80240 through 80249 and EFT deposit
No's. 30057491 through 30058056 and City contributions in the aggregate amount of $2,234,611.51 are
approved for payment on this 4th day of March 2013.
Councilmember
GENERALFUND
Councilmember
SUMMARY OF PAYROLL BY FUND
Legislative
$ 8,012.34
Judicial
86,763.11
Executive
88,442.41
Police
6851074.10
Fire
324,727.65
Administrative & Community Services
243,868.15
164,095.35
Community Development
94,912.99
10,844.62
Engineering
111,313.96
TOTAL GENERAL FUND 1,643,114.71
CITY STREET
36,095.02
BLOCK GRANT
7,177.84
HOME CONSORTIUM
11936.87
NSP
876.94
MARTIN LUTHER KING CENTER
7,977.59
AMBULANCE SERVICE FUND
164,095.35
CEMETERY
10,844.62
ATHLETIC FUND
4,735.32
SENIOR CENTER
14,869.15
STADIUM OPERATIONS
0.00
MULTI -MODAL FACILITY
0.00
BOAT BASIN
0.00
REVOLVING ABATEMENT FUND
0.00
TASK FORCE
0.00
WATER/SEWER
306,870.09
EQUIPMENT RENTAL - OPERATING
29,164.09
OLD FIRE PENSION FUND
6,853.92
GRAND TOTAL ALL FUNDS
$ 2,234,611.51
Payroll Summary
Net Payroll 975,202.36
Employee Deductions 647,571.33
Gross Payroll 11622,773.69
City of Pasco Contributions 611,837.82 3(b) 2
Total Payroll $ 2,234,611.51
FOR:
TO:
FROM:
AGENDA REPORT NO. 5
City Council
Gary Crutchfi117( Manager
Ahmad Qayoc Works Director
Michael A. Pawlak, City Engineer NAN
February 21, 2013
Workshop Mtg.: 02/25/13
Regular Mtg.: 03/4/13
SUBJECT: Reject Bids for 4`h Avenue Corridor (Court Street to I -182)
Project #C2- 10- 06 -STR
I. REFERENCE(S):
1. Vicinity Map
2. Bid Summary
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
02/25: Discussion
03/04: MOTION: I move to reject all bids for the 4`1` Avenue Corridor (Court
Street to I -182) Project in as much as all of the bids received
significantly exceeded the Engineer's Estimate and approved
project budget.
III. FISCAL IMPACT:
Surface Transportation Program (STP) Funds ($485,977)
Arterial Street Funds ($161,350)
Franklin County PUD Contribution ($102,500)
IV. HISTORY AND FACTS BRIEF:
A) This project involves installation of landscaping including irrigation, updating
sidewalks and handicap ramps to current ADA standards, driveway approaches
and other associated street work.
B) The project was originally advertised for construction bids in July 2012. There
were two (2) submitted bids, both of which exceeded the Engineer's Estimate and
funding constraints of the project.
C) At its August 7, 2012
meeting, City Council
rejected all bids
and directed staff to
re- evaluate the project
and re- advertise it for
construction at a
later time.
D) The
project was re- advertised on
January 13, January 20 and January 27, 2013,
with
a bid opening
on February 5,
2013.
V. DISCUSSION:
A) At the bid opening, staff received two (2) bids for the project. The low bid was
received from Inland Asphalt Company in the amount of $857,135.00. The
second lowest bid was received from A &B Asphalt, Inc. in the amount of
$924,331.35. The Engineer's Estimate for the project was $445,206.50.
B) Engineering staff reviewed the bids and researched the potential reasons for the
receipt of high bids. Based on the research it appears the high bids are due to the
combination of the type and nature of the project, involvement of federal funding,
and willing bidders. To be more specific, the project is primarily a landscape and
sidewalk improvement project (enhancement project) not providing for a desirable
profit level for paving companies (prime bidders). The more likely bidders for
3(c)
this type of project would be landscaping companies. The use of federal STP
Enhancement grant funds includes additional requirements of the prime contractor
including additional documentation. The local landscape companies were not
eager to act as prime bidders due to the extra federal funding requirements and
were willing to act as subcontractors only. In an attempt to secure work, the
paving companies (who were interested in the concrete work; e.g, sidewalks and
driveway approaches) bid the project as prime contractors.
Q Staff has evaluated a number of options including breaking the project into
smaller pieces and separating the landscaping out using local funds, and "tying" a
rebid of this project to another larger project. All options have been discussed
with WSDOT Highways & Local Programs, since H &LP administers the federal
funds and must approve bid advertisement and award. Breaking the project into
pieces will have negative impacts on the project's readiness for construction
approval as its competitive point award will need to be re- evaluated to determine
if it is still eligible for the grant. The environmental review would also need to be
revised. On the other hand, combining or tying the bid of this project to a larger
project (more attractive /profitable for the paving companies, such as an overlay)
would not include either of these issues. Engineering recommends tying a rebid
of the 4th Avenue North Project to the STP Overlay Project due to be advertised
for construction in March 2013. WSDOT H &LP supports this approach.
D) Staff, therefore, recommends that all bids be rejected due to the fiscal constraints
of the project and that the project be rebid in Spring 2013 as a tied bid to a larger
project.
City of Pasco
4t" Avenue Corridor (Court Street to I -182)
Project No. C2- 10- 06 -STR
February 5, 2013
BID SUMMARY
BASE BID EVALUATION:
Engineers Estimate
Inland Asphalt Co.
A &B Asphalt, Inc.
$445,206.50
$8575135.00
$924,331.35
AGENDA REPORT
FOR: City Council February 28, 2013
TO: Gary Crutchfi V Manager Regular Mtg.: 3/4/13
FROM: Rick Terway, D rector, Administrative & Community Services
SUBJECT: Boat Basin Marina Sublease Agreement
I. REFERENCE(S):
1. Proposed Resolution
2. Proposed Sublease Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
3/4: MOTION: I move to approve Resolution No. i364 approving the Boat
Basin Marina Sublease Agreement with Columbia Marine Center.
III. FISCAL IMPACT:
Revenue for 2013 - $14,400
IV. HISTORY AND FACTS BRIEF:
A) In 2012 City Council authorized staff to issue an RFP for a Boat Basin Marina
Operator. The City, in conjunction with the Port of Pasco and Tri- Cities Rivershore
Enhancement Council, completed two separate plans to identify and recommend
improvements to the Pasco Boat Basin as well as other areas along the rivershore.
These improvements were a major focus in the RFP as the City moves forward in its
efforts to improve the public's connection to the river.
B) We received one proposal that fit the City's goal to improve the operation of the Boat
Basin and Council approved an Interim Agreement on December 15, 2012 with
Columbia Marine Center.
V. DISCUSSION:
A) The City has obtained additional covered docks that were acquired from Clover
Island Yacht Club, as well as the permit to install the docks at the boat basin. These
docks have been secured with pilings and Columbia Marine Center continues to make
much needed improvement to the facility such as painting the building, cleanup of old
docks and repairs to the existing covered docks as well as the east long dock. Storm
damage has been cleaned up along with the parking lots and fence repair.
B) The terms of the new lease are for an initial 10 year period with two (2) additional
renewals periods available as long as the terms of the lease are being followed. Future
capital improvements include installation of additional docks, if permitted by the
USACE. The operation of the marina will include moorage rental, boat repair,
boating supplies and a vending area for snacks and drinks.
C) Staff has completed negotiations for a long term lease with Columbia Marine Center
and received approval of the lease from USACE.
D) Staff recommends approval of the Sublease Agreement
3(d)
RESOLUTION NO. 3L 01
A Resolution approving a sublease for the Pasco Boat Basin.
WHEREAS, since 1978, the City has leased from the US Army Corps of Engineers a
portion of the McNary Levy Project on the Columbia River near 4`h Avenue South in Pasco, said
area being designed to provide a park and marina and commonly referred to as the Pasco Boat
Basin; and
WHEREAS, the City has continually subleased the marina portion of the boat basin area
to private operators for the provision of boat moorage and related services to the Pasco
community; and
WHEREAS, City staff has negotiated a new sublease involving a new marina operator
and expected improvements to the marina intended to expand and enhance the boating services
available to the Pasco community; and
WHEREAS, the US Army Corps of Engineers has given its approval; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
Section 1. That the City Council hereby approves the sublease attached hereto as Exhibit 1.
Section 2. That the City Manager is hereby authorized to execute the sublease and carryout
administrative responsibilities to ensure its implementation and fulfillment of lease
obligations.
PASSED by the City Council of the City of Pasco, Washington, at its regular meeting on
the 4th day of March, 2013.
Matt Watkins, Mayor
Attest
Debra L. Clark, City Clerk
Approved as to Form:
Leland B. Kerr, Attorney
BOAT BASIN SUBLEASE AGREEMENT
THIS AGREEMENT is effective on the _ day of February, 2013, by and between
the City of Pasco, a Municipal Corporation of the State of Washington, hereinafter referred to as
the "City ", and JT &T, LLC, a Washington Limited Liability Company, doing business as
Columbia Marine Center, hereinafter referred to as "Columbia."
WHEREAS, the City has leased from the United States Department of the Army Corps
of Engineers Lease to Non -State Governmental Agencies for Public Park and Recreational
Purposes (Lease No. W912EF- 1- 04 -13) for that property generally referred to as the Pasco Boat
Basin and more legally described on Exhibit A; and
WHEREAS, the City has for a number of years maintained the boat basin as a
recreational marina facility, for the benefit of the citizens of Pasco; and
WHEREAS, the City has adopted a Boat Basin and Marine Terminal Plan for the
improvement and enhancement of the boat basin and surrounding properties including
improvements consistent with the Tri- Cities Rivershore Master Plan and the Port of Pasco
Improvements of Osprey Pointe; and
WHEREAS, the City has sought a request for proposal for the operation and
improvement of the boat basin to which Columbia has responded with a proposal that is
acceptable to the City to be implemented by this Sublease. NOW, THEREFORE,
IN CONSIDERATION of the mutual covenants contained herein, the parties agree as
follows:
ARTICLE 1- LEASE OF PREMISES
1.1 Lease of Premises. The City hereby leases to Columbia and Columbia leases
from the City, for the purpose of developing, operating, and providing a marina at the Pasco Boat
Basin on the real property more particularly described in Exhibit A which is attached hereto and
included by this reference. The premises include:
A. Boat basin marina consisting of approximately two acres, a building,
docks, slips and other improvements (hereinafter "Improvements ") as more particularly
on the Premises Inventory attached as Exhibit B.
The real property and the improvements are collectively referred to as "Premises."
ARTICLE 2 - INCORPORATION OF UNDERLYING LEASE
2.1 Columbia acknowledges that the City is subject to an underlying lease on the
Premises from the Department of Army designated as Department of the Army Lease to the City
of Pasco, Washington, for Public Park and Recreational Purposes, Levee 12 -1, the Pasco Boat
Boat Basin Sublease Agreement - 1
Basin, designated as Lease No. W9- 12EF- 1- 04 -13, and amendments thereto ( "underlying
Lease "), and further acknowledges that this Sublease is expressly made subject to all the terms,
conditions, and limitations contained in the underlying Lease.
Columbia shall perform and comply with all obligations and performance required of the
City, as Lessee thereunder, including the Annual Management Plan (AMP) as provided in
Section 5 thereof, requiring submission by January 1 of each year during the term of this Lease,
an AMP acceptable to the City and the underlying Lessor's District Engineer. The underlying
Lease is attached as Exhibit C, and incorporated by this reference. Any breach of the terms of
the underlying Lease by Columbia shall also constitute a material breach of this Sublease. In the
event the terms of this Sublease conflict with the terms of the underlying Lease, the terms of the
underlying Lease shall control. Columbia acknowledges that this Sublease is contingent upon
approval by the underlying Lessor.
ARTICLE 3 - TERM
3.1 Initial Term. This Sublease shall commence on the 15th day of December, 2012,
and shall end at midnight on December 31, 2022, unless extended as hereinafter provided or
unless earlier terminated.
3.2. Option to Extend Terms. Columbia is given the option to extend the term of this
Sublease for two (2) consecutive periods of ten (10) years upon the expiration of the initial term
by giving notice of the exercise of the option to the City at least twelve (12) months prior to
expiration of the initial term or any extended term. hi no event, however, shall Columbia be
entitled to renew a term hereof, even though such notice was timely given, unless Columbia shall
have timely performed all of its obligations hereunder, and shall not be in default in the
performance of any payments, duties, or responsibilities required under this Sublease or the
underlying Lease on the date the expiration of the initial term, or extended term, of this Sublease.
3.3 Option of City to Terminate Sublease. Notwithstanding any other provision of
this Sublease regarding termination, if the City acquires ownership of the Premises, the City shall
have the right to terminate this Sublease after the initial term, by giving Columbia at least twelve
(12) months prior written notice of its intent to terminate this Sublease.
A. Within 30 days of City's notice, the parties shall agree upon an early
termination fee, including the remaining unamortized value (calculated on a straight -line
basis) of capital improvements made to the Premises by Columbia.
B. City shall pay the early termination fee to Columbia in one lump sum
within sixty (60) days of the date of early termination of this Sublease.
C. City may withhold from the early termination fee an amount equal to any
outstanding sums due from Columbia to City.
Boat Basin Sublease Agreement - 2
3.4 If the parties are unable to agree upon an early termination fee, they shall proceed
to establish the fee as a purchase price by arbitration as provided in Section 15.4, Dispute
Resolution.
ARTICLE 4 - RENT
4.1 Rent Accrual. Rent accrual shall begin on the effective date of this Sublease. The
first month's rent shall be prorated and thereafter, full rental payments shall be due on the first
day of each month. Rent shall be payable to the City without demand and without deduction,
setoff, or counter claim.
4.2 Rent. Commencing on January 1, 2013, the monthly rental amount shall be One
Thousand Two Hundred Dollars ($1,200.00); commencing on January 1, 2014, the monthly
rental amount shall be One Thousand Three Hundred Dollars ($1,300.00); commencing on
January 1, 2015, the monthly rental amount shall be One Thousand Four Hundred Dollars
($1,400.00); and beginning on January 1, 2016, the monthly rental amount shall be increased,
and shall thereafter increase each year, including any period of extension, on the first day of
January of each year in an amount equal to the greater of. a) 18% of the total rental income of all
moorage and boat storage revenues or, b) an amount equal to 105% of the previous rental rate.
4.3. Late Charee. In any installment of rent or payment due from Columbia not
received prior to or on the date when due, Columbia shall pay to the City an additional sum equal
to 15% of the overdue portion of the rent as late charge. Notice of late payment is not required,
but may be provided by the City to Columbia. The unpaid rent together with the late charge
shall accrue interest at the rate of 12% per annum until paid in full. Acceptance of any late
charge shall not constitute a waiver of Columbia's default with respect to the overdue payment or
prevent the City from exercising any of the other rights and remedies available to it.
4.4 Security Doosit. Upon execution of this Sublease, Columbia shall deposit Three
Thousand Six Hundred Dollars ($3,600.00) with the City as a security deposit. This sum shall
guarantee Columbia's performance of its obligations hereunder. If Columbia fails to perform any
of its obligations hereunder, the City may apply the appropriate portion of the security deposit to
cure the default or to compensate the City for damage it has sustained as a result of Columbia's
default, including attorney fees and administrative costs, including notices, which shall be
reimbursed at the rate of $100.00 per each such notice provided to Columbia.
If any portion of the deposit is so used, Columbia shall, upon demand, deposit sufficient
cash with the City to restore the security deposit to its original amount.
If Columbia fully performs its obligations under this Sublease, the security deposit or any
balance thereof shall be returned to Columbia at the expiration of this Sublease, or after
Columbia has vacated the Premises, whichever last occurs.
Boat Basin Sublease Agreement - 3
ARTICLE 5 - REMEDIATION AND CAPITAL DEVELOPMENT PLAN
5.1 In addition to the AMP, as well as the Recreation, Development and Management
Plan as required under the underlying Lease, Columbia shall immediately implement and comply
with the Remediation Plan providing for the timely removal of derelict docks, flotation material,
overgrown and dead vegetation, and other waste and debris upon the Premises which is attached
hereto and incorporated as Exhibit D.
5.2 Columbia shall immediately initiate and implement the Capital Development Plan
in a timely manner as provided in Exhibit E, attached hereto and incorporated by this reference.
5.3 The Remediation Plan and the Capital Development Plan are material conditions
of this Sublease, and failure to timely comply with such terms shall constitute a materially breach
of the Sublease. Such Plans may only be modified in writing signed by both parties.
ARTICLE 6 - INDEMNIFICATION
6.1 The City shall not be liable for any loss, injury, death or damage to persons or
property which at any time may be suffered or sustained by Columbia or by any person
whomsoever may at any time be using or occupying or visiting the Premises, whether such loss,
injury, death or damage shall be caused by or in any way result from or arise out of any act,
omission, or negligence of Columbia or any of its occupants, subtenants, invitees, or other users
of any portion of the Premises. Columbia shall indemnify the City against all claims, liability,
loss, or damage whatsoever on the account of any such loss, injury, death or damage. Columbia
shall defend, indemnify and hold the City harmless in any action at law or equity, the City, its
officers, employees, agents and elected officials and appointive boards from any and all claims,
losses, damages, including property damage, personal injury, including death, and liability of
every kind, nature and description arising from or connected with the use or occupancy of the
Premises by Columbia or the performance of this Sublease by Columbia or any person directly
its control.
ARTICLE 7 - INSURANCE
7.1. Liability Insurance. Supplement to those requirements under Section 19
"Insurance" of the underlying Lease, Columbia shall secure, maintain and pay for general
liability insurance coverage in the amount of One Million Dollars ($1,000,000.00) per
occurrence, with a general aggregate limit of Two Million Dollars ($2,000,000.00) including
coverage for environmental liability in an amount of One Million Dollars ($1,000,000.00) per
occurrence, with a general aggregate limit of $2,000,000.00, at all times during the term or
extended term of this Sublease, insuring Columbia and naming the City as an additional named
insured. Columbia shall provide the City a certificate of insurance and a copy of the insurance
policy prior to taking possession of the premises, and annually thereafter. Such policies shall
provide that no cancellation, major change in coverage, or nonrenewal by the insurance company
will be made during the term of this Sublease, without 30 days written notice to the City prior to
the effective date of such cancellation, nonrenewal, or change in coverage.
Boat Basin Sublease Agreement - 4
7.2. Fire and Casualty Insurance. Columbia, as an operating expense, shall maintain
and keep on all of its personal property, improvements, and alterations in, on or about the
Premises, including, but not limited to, buildings, docks, boat slips, and other improvements, a
policy of standard fire, casualty, and extended or other coverage insurance to the extent of 100%
of their full replacement value, without reduction for depreciation of Columbia's improvements
or alterations if damaged, with the loss payable to the City and Columbia as their interest may
appear.
7.3. Workers' Compensation
Insurance.
Full workers' compensation insurance
necessary in connection with
the performance of
this Sublease to
protect Columbia and its
employees under the Workers'
Compensation Act.
Such insurance
shall relieve the City from
any all responsibility therefore. However, in no
event, shall any
employee of Columbia be
construed to be an employee or
"loaned" servant of
the City.
7.4 Payment. Payment of policy premiums required under this Article shall be
construed as additional rent subject to timely payment by Columbia.
7.5 Subrogation. Notwithstanding any other provision of this Lease to the contrary,
and without limitation of the provisions of this Article 7, whenever (a) any loss, cost, damage or
expense resulting from fire, explosion or any other casualty or occurrence is incurred by either of
the parties hereto, or anyone claiming by, through, or under it in connection with the Premises,
and (b) such party then is covered in whole or in part by insurance with respect to such loss, cost,
damage or expense or is required under this Lease to be so insured, then the party so insured (or
so required) hereby waives any claims against and releases the other party from any liability said
other party may have on account of such loss, cost, damage or expense to the extent of any
amount recovered by reason of such insurance (or which could have been recovered had such
insurance been carried as so required). The parties agree to furnish to each insurance company
which has or will issue policies of casualty insurance on the Improvements, written notice of said
waivers and to have the insurance policies properly endorsed, if necessary, to acknowledge such
subrogation waivers. Such release of liability and waiver of the right of subrogation shall not be
operative in any case where the effect thereof is to invalidate such insurance coverage or increase
the cost thereof (except that in the case of increased cost, the other party shall have the right,
within thirty (30) days following written notice, to pay such increased cost, thereby keeping such
release and waiver in full force and effect).
ARTICLE 8 - TAXES AND UTILITIES
8.1 Taxes as Additional Rental. As additional rental hereunder, Columbia shall
promptly pay when due, and before delinquency, all taxes, including leasehold excise tax,
assessments, rates, charges, license fees, liens, levies which may be levied, assessed, charged or
imposed or upon which may become liens or charged upon or against the Premises. Columbia
shall have full right of contest of validity or amount of any tax, assessment, levy, or other
governmental charge that may be required to pay under the terms of this Sublease.
Boat Basin Sublease Agreement - 5
8.2 Utilities as Additional Rental. As additional rental hereunder, Columbia shall
promptly pay, when due and before delinquency, all water, sewer, gas, heat, light, power,
telephone service, garbage removal and all other utility services of any kind and nature
whatsoever supplied to, for the benefit of, or used on the Premises by Columbia.
ARTICLE 9 - USE OF THE PREMISES
9.1 The Premises shall be used solely for the purpose of providing quality marina
services and products to the public including providing moorage services, boat sales and service,
watercraft sales and service, and all other uses incident to, accessory to, or necessary for manna
services. These uses shall include the development, construction, and improvements on
structures, docks, and fueling facilities, and improvements as provided in the Capital
Improvement Plan and the May 18, 2010, Army Corps of Engineers Permit for the installation of
additional ramps, docks and manna improvements.
9.2 Any other uses not prohibited by the underlying Lease and proposed by Columbia
shall be reviewed and approved by the City and the United States Army Corps of Engineers
District Engineer. Approvals must be obtained prior to Columbia proceeding with the
implementation of any such additional uses.
9.3 Columbia shall comply with and conform with all laws and regulations relating to
the condition, use or occupancy of the Premises as required by Federal, State, County or City
laws, ordinances or regulations.
9.4 Columbia shall have full right and authority to rent slip, moorage and dryland
storage of boats for periods not exceeding one (1) year with all revenues therefrom belonging to
Columbia. Columbia shall be entitled to all revenues generated by its operations, sales and
services upon the Premises.
9.5 Columbia shall maintain the Premises in a clean and orderly condition and shall
not cause nor permit litter, garbage, or other refuse or debris to accumulate on the Premises and
shall, at its own expense, control or eliminate any pests, insects, overgrown or dead vegetation
and noxious weeds.
9.6 Columbia shall not cause or permit any Hazardous Substance, including
petroleum products or sewage that may be spilled, leaked, disposed of, or otherwise released on
or under the Premises or its adjoining waters. Columbia may use or otherwise handle on the
Premises only those Hazardous Substances typically sold or used in the prudent and safe
operation of a manna. Columbia may store such Hazardous Substances on the Premises only in
such quantities necessary to satisfy Columbia's reasonably anticipated needs. Columbia shall
comply with all Environmental Laws and exercise the highest degree of care in the use, handling,
and storage of Hazardous Substances, and shall take all practical measures to minimize the
quantity and toxicity of Hazardous Substances used, handled, or stored on the Premises. Upon
the expiration or termination of this Sublease, Columbia shall remove all Hazardous Substances
from the Premises. The term "Environmental Law" shall mean any Federal, State or local
Boat Basin Sublease Agreement - 6
statute, regulation, or ordinance, or any judicial or other governmental order pertaining to the
protection of health, safety, or the environment. The term "Hazardous Substance" shall mean
any hazardous, toxic, infectious, or radioactive substance, waste, and material as defined or listed
by any environmental laws and shall include, without limitation, petroleum, oil, or their
constituents.
9.7 Notwithstanding anything in the Article 9 to the contrary, Columbia shall not be
liable and the City shall fully indemnify and hold Columbia harmless from and against any and
all liabilities, damages, expenses, costs and losses arising from, or as a result of, any use and
occupancy of the Premises prior to the Commencement Date, including any violation of any
Environmental Laws attributable to the period prior to the Commencement Date, and from, or as
a result of, any breach of the City's obligations under this Lease.
9.8 Columbia will not limit or exclude public use of the existing boat launch ramp or
the park portions of the manna.
9.9 Columbia shall not discriminate against any person as set forth in Section 22 of
the underlying Lease.
9.10 Columbia agrees to cooperate and assist as is reasonable in any agreement
between the City of Pasco and the Port of Pasco for the improvement of adjacent properties
owned by the Port as well as the properties included in this sublease (Exhibit A).
ARTICLE 10 - REPAIR AND MAINTENANCE
10.1 Columbia's Repair and Maintenance Obli ation. Except for the maintenance and
repair obligations specifically assumed herein by the City, Columbia shall, at its expense, keep
and maintain the Premises, including but not limited to, the Marina components identified in
Exhibit B and such other buildings, structures, improvements, fixtures, trade fixtures, equipment
and utility systems which may now or hereafter exist on the Premises, in good, operable, usable
and sanitary order, appearance, repair and in a good, safe, operating and attractive condition
throughout the term of this Sublease, timely providing for such repairs, replacement, rebuilding
and restoration as may be required to comply with the requirements of this Sublease. Such
maintenance and repair shall include all roadways, parking areas, common areas, walkways,
utility service and lines, shorelines and trees, shrubbery, grass and vegetation on the entire
Premises; and maintenance and repair of the existing sales and service building, all interior
repairs including ordinary electrical and HVAC maintenance, all interior and exterior doors,
windows, flooring or restrooms, equipment, and fixtures.
A. Should Columbia fail to perform such maintenance or repair within thirty
(30) days of written notice from the City, the City may enter upon the Premises and
perform the required maintenance for repair, unless, such lack of maintenance and repair
creates an unsafe or hazardous condition for which the City may immediately enter the
premises to accomplish such repairs as necessary. Columbia shall reimburse the City of
all costs incurred in effectuating such maintenance or repair.
Boat Basin Sublease Agreement - 7
10.2 Citv's Obligation for Maintenance and Repair. The City shall be responsible for
maintaining the major structural components of the existing sales and service building including:
A. Repairs of the roof and gutters, exterior walls (not including painting),
bearing walls, structural members, floor slabs, and foundation.
B. Repair of exterior water, sewer and electrical services up to the point of
entry to the Premises.
C. Repair of the heating and air conditioning components, other than ordinary
maintenance.
D. City shall not, however, be responsible for any repairs necessitated by the
negligence of or improper maintenance by Columbia, its agents, employees or invitees.
Such repair shall be the responsibility of Columbia.
E. To facilitate prompt repair and minimize the affect upon Columbia's
business, the City may authorize Columbia, or its subcontractors, to perform the
maintenance and repair as provided above with the City promptly reimbursing Columbia
for the actual costs of such maintenance, repairs and any improvements authorized.
10.3 Inspection. The City
notice during regular business hours,
inspection of the Premises to detern
necessary repairs to the building or
underlying Lease.
shall have the right to enter the Premises upon 24 -hour
or such time as mutually agreed between the parties, for
iine Columbia's compliance with this Sublease, to make
to the Premises, and to fulfill its obligations under the
ARTICLE 11- ASSIGNMENT AND SUBLETTING
11.1 Other than short term slip rental and boat storage, no part of the Premises may be
assigned, mortgaged, subleased, nor may a right of use of any portion of the Premises be
conferred on any third person without the prior written consent of the City. This shall include
the sale or transfer of any interest exceeding 25% in the ownership of Columbia.
ARTICLE 12 - CONSTRUCTION OR MODIFICATION OF MARINA FACILITY
12.1 Prior to Columbia's construction, modification, alteration or renovation of any
new or existing building, structure or improvement, Columbia shall provide the following:
A. Plans and Specifications. Columbia shall at Columbia's sole expense,
prepare plans and specifications for any new building, structure or improvement the cost
of which is in excess of $25,000.00, to be erected on the premises. Such plans and
specifications shall be submitted to the City and the Corps of Engineers for the prior
written approval of, or any revisions required by the City and the Corps of Engineers.
Boat Basin Sublease Agreement - 8
The City and the Corps of Engineers shall not unreasonably withhold such approval, and
in the event of disapproval, the City and the Corps of Engineers shall give to Columbia
an itemized statement of reasons therefore within sixty (60) days after the same are
submitted to them. Prior to the commencement of any such work, the City may require
Columbia to furnish the City with a good and sufficient surety bond guaranteeing the
completion of such building, structure or improvement and the payment of all bills
therefore.
B. Alterations, Improvements and Changes Permitted. Columbia shall have
the right to make such alterations, improvements and changes to any building, structure
or improvement which may from time to time be on the premises as Columbia may deem
necessary, or to replace any such building, structure or improvement with a new one of at
least equal value, provided that prior to making any structural alterations, improvements
or changes, or to replacing any such building, structure or improvement, Columbia shall
obtain written approval of plans and specifications therefore from the City and the Corps
of Engineers, which approval the City nor the Corps of Engineers shall not unreasonably
withhold, provided that the value of the building, structure or improvement shall not be
diminished and the structural integrity of the building, structure or improvement shall not
be adversely affected by any such alterations, improvements or changes, or that any
proposed new building, structure or improvement is at least equal in value to the one
which it is to replace, as the case may be. In the event of disapproval, the City and the
Corps of Engineers shall give to Columbia an itemized statement of reasons therefore.
Columbia will in no event make any alterations, improvements or other changes of any
kind to any building, structure or improvement on the premises that will decrease the
value of such building, structure or improvement or that will adversely affect the
structural integrity of the building, structure or improvement. Prior to commencing any
work that will cost in excess of Twenty -Five Thousand Dollars ($25,000.00), the City
may require Columbia to furnish the City and the Corps of Engineers, on demand, with a
good and sufficient surety bond insuring the completion of such work and the payment of
all bills therefore.
C. Restoration and Replacement of Currently Existing Structure. Columbia
shall have no obligation to restore or replace at the expiration or other termination of the
Lease, the buildings located on the land hereby demised at the commencement of the
tern hereof, except that, prior to the time Columbia may demolish such building,
Columbia shall keep and maintain the same in a condition comparable to its condition
when delivered to Columbia.
D. Disposition
of New Improvements. Any new building,
structure or
improvement constructed
by Columbia on
the premises, and all
alterations,
improvements, changes or
additions made in or to
such premises, shall be the
property of
City, and Columbia shall
have only a leasehold
interest therein, subject
to the terms
hereof.
E. Improvements and alterations installed by Columbia shall, at Columbia's
Boat Basin Sublease Agreement - 9
option, be removed by Columbia and the Premises restored unless the applicable
Columbia's consent specifically provides otherwise. Existing improvement to buildings
and grounds may not be removed without the prior written consent of the City.
ARTICLE 13 - DEFAULT
13.1. The City may, at its option and without limiting the City in the exercise of any
other right or remedy it may have on account of a default or breach by Columbia, exercise the
rights and remedies specified herein if:
A. Columbia defaults in the payment of any money agreed to be paid by
Columbia to City for rent or to be paid for taxes, utilities, insurance or for any other
purposes under this Sublease, and if such default continues for ten (10) days after the date
due.
B. Columbia abandons the Premises for a period of thirty (30) days.
C. Columbia defaults in the performance of any of its agreements, conditions
or covenants, other than the payment of rent or additional rent, and any such default
continues for thirty (30) days from the date of notice. However, not withstanding any
other provisions herein, the thirty (30) day notice shall be required for the first default
only; the second default shall require a ten (10) day notice period; and the third such
default shall require no notice which shall constitute an automatic termination of the
Sublease. The purpose of this provision is to prevent habitual defaults and performances
required under this Sublease. If two or more years have passed since the date of the last
default, Columbia shall be entitled to reinstatement of the notice feature provided above
with first such default allowed up to thirty (30) days to cure. If, any such delay in the
performance of the cure of any default by Columbia is the direct result of reasons or
matters beyond the control of Columbia, such period may be extended for such
reasonable period as is necessary to cure the default.
D. The levy of a writ of attachment or execution or lien on this Sublease or
any other property of the Subleasee located on the Premises which is not released or
terminated within thirty (30) days.
E. A general assignment by Columbia for the benefit of its creditors, or an
attempted assignment or transfer of any of the rights provided under this Sublease.
F. The filing by or against Columbia of a petition for relief in bankruptcy.
G. Failure of Columbia to timely fulfill or comply with the Corps of
Engineers AMP, or the Remediation Plan or Capital Development Plan as provided in
Article 5 of this Sublease.
H. Columbia's failure to perform any material provision of this Sublease or
Boat Basin Sublease Agreement - 10
the underlying Lease.
ARTICLE 14 -
14.1
Remedies. In the event of
Columbia's default
hereunder, and in addition to any
other rights
or remedies the City may have
under this Sublease
or under law, City may elect:
A. To immediate terminate this Sublease and Columbia's right to possession
of the Premises by giving written notice to Columbia and (1) to recover from Columbia
an award of damages equal to the sum of the unpaid rental which had been earned at the
time of termination; (2) to recover any other amount necessary to compensate City for all
the detriment either proximately caused by Columbia's failure to perform Columbia's
obligations under this Sublease or which in the ordinary course of things would be likely
to result therefrom; and (3) to recover all such other amounts in addition or in lieu of the
foregoing as may be permitted from time to time under applicable law.
B. To have this Sublease continue in effect for so long as City does not
terminate this Sublease and Columbia's right to possession of the Premises, in which
event City shall have the right to enforce all of the rights and remedies provided by this
Sublease and by law, including the right to recover the rental and other charges payable
by Columbia under this Sublease as they become due.
C. To have
a receiver
appointed to collect rent and conduct Columbia's
business. Neither the
filing or a
petition for
the appointment of a receiver nor the
appointment itself shall
constitute an election by
City to terminate this Lease.
D. To exercise any or all of the remedies set forth in this Sublease.
E. In the event of a reentry, the City shall have the right to take over
management of the Marina including, but not limited to, communications with slip rental
tenants and boat storage customer, and collection of rents and other payments due for the
use of the Marina. To facilitate the transfer of management, Columbia shall immediate
provide to the City with its most current customer contact information and rental payment
ledger.
14.2 Right of Entry and Expenses of Columbia's Default. If Columbia shall default in
the performance of any obligation on Columbia's part to be performed under this Sublease, City
may, following reasonable notice to Columbia, enter the premises and perform the same for
Columbia's account with City personnel and equipment or with the services of a private
contractor. If City at any time is compelled or elects to pay or incur any cost or expense
(including, but limited to, reasonable attorneys' fees) by reason of Columbia's default, Columbia
shall, upon demand, pay to City as additional rental the amount of such costs and expenses,
together with interest at the maximum rate set forth in this Sublease from and after the date paid
or incurred.
Boat Basin Sublease Agreement - 11
14.3 City's Default. In the event City fails to perform any covenant, condition, or
agreement contained in this Sublease within thirty (30) days after written notice from Columbia
specifying such default or, where City's default cannot reasonably be cured within thirty (30)
days and City fails to commence to cure within that period, then City shall be liable to Columbia
for any damages sustained by Columbia as a result of City's breach. Columbia shall not have the
right to terminate this Sublease or to withhold, reduce or offset any amount against any payments
of rents or charges due and payable under this Sublease, except as may be specifically provided
herein. Columbia shall not have, and hereby waives, any claim against City for money damages
arising by reason of any refusal, withholding or delay by City in giving any consent, approval or
statement of satisfaction. City will not unreasonably withhold any such consent, approval or
statement of satisfaction. Columbia's only remedies for any such refusal, withholding or delay
shall be an action for specific performance, injunction or declaratory judgment.
ARTICLE 15 - GENERAL PROVISIONS
15.1 Time is of the essence. For the purpose of this agreement, time is of the essence
for the prompt performance of all terms and conditions of this Sublease.
15.2 Nonwaiver. Waiver by either party of the strict performance of any provision of
this Sublease shall not be awaiver of nor prejudice the party's rights to require strict performance
of the same provision in the future or of any other provision.
15.3. Notice. Any notice, demand, request, consent, approval or communication that
either party desires or is required to give to the other party, shall be in writing and either served
personally or transmitted by electronic mail, or prepaid certified mail, effective as of the date of
posting. Notices shall be addressed to the parties as follows:
The City of Pasco
Rick Terway, Director
Administrative & Community Services
CITY OF PASCO
PO Box 293
Pasco WA 99301
JT &T, LLC
d/b /a Columbia Marine Center
1315 S. 4a` Ave
Pasco WA 99301
writing. Either party may change its address by notifying the other of the change of address in
15.4 Dispute Resolution.
Except
for disputes involving the payment of rent,
or those
disputes required under Section 30
of the
underlying Lease to be resolved under the
Contract
Boat Basin Sublease Agreement - 12
Dispute Act of 1978, in the event of a dispute in regards to the enforcement, interpretation or
breach of this Sublease, the parties shall first meet in a good faith attempt to resolve the dispute.
In the event the dispute cannot be resolved by agreement of the parties either with or without the
assistance of mediation, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as
amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed
in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its
reasonable attorney fees and costs as additional award and judgment against the other.
IN WITNESS WHEREOF, the parties have hereunto set their hands as of the date first
above written.
CITY OF PASCO
Gary Crutchfield, City Manager
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Boat Basin Sublease Agreement - 13
JT &T, LLC
d/b /a Columbia Marine Center
STATE OF WASHINGTON )
:ss
County of Franklin )
On this day personally appeared before me GARY CRUTCHFIELD, City Manager for
the City of Pasco, Washington, described in and who executed the within and foregoing
instrument, and acknowledged that he signed the same as his free and voluntary act and deed for
the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of February, 2013
Notary Public in and for the State of Washington
Residing at
My Commission Expires
STATE OF WASHINGTON)
:ss
County of Franklin )
On this day personally appeared before me JT &T,
LLC, d/b /a Columbia Marina Center, described in and who executed the within and foregoing
instrument, and acknowledged that he signed the same as his free and voluntary act and deed for
the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of February, 2013.
Notary Public in and for the State of Washington
Residing at
My Commission Expires
Boat Basin Sublease Agreement - 14
AGENDA REPORT
FOR: City Council February 26, 2013
TO: Gary Crutch fi anager Regular Mtg.: 3/4/13
Rick White,
Community & conomic Development Director
FROM: David I. McDonald, City Planner.
SUBJECT: STREET VACATION (MF# VAC 2013 -001) Portion of Washington St. (Port of
Pasco /Morales)
I. REFERENCE(S):
1. Overview Map
2. Vicinity Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Conduct Public Hearing:
3/4: MOTION: I move to continue the public hearing to the March 18th
Council meeting.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. The Port of Pasco and a private property owner petitioned to vacate that portion of
Washington Street lying between 5 Avenue and the BNSF railroad right -of -way.
B. The City Council set March 4, 2013 as the date to consider the vacation.
V. DISCUSSION:
A. The right -of -way in question is located within the Boat Basin and Marine
Terminal Planning Area. The Port has requested the hearing be continued for at
least two weeks to allow Port staff time to meet with the other party to the
vacation petition. The Port plans to review the Boat Basin Marine Terminal Plan
with the property owner to ascertain the extent and type of development the
property owner plans to undertake.
B. Because the hearing was set for March 0 the Council will need to briefly open
the hearing and then continue the hearing to the next regular meeting date of
March 18th.
7(a)
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AGENDA REPORT
FOR: City Council
TO: Gary Crutchfie anager
FROM: Stan Strebel, D putt' City Manager
SUBJECT: City Council Districts
I. REFERENCE(S):
1. Map of Current Council Districts
2. Matrix, Population by Precinct / District, Current
3. Map, 5- District Option
4. Proposed Ordinance
February 27, 2013
Regular Mtg.: 3/4/13
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
3/4: MOTION: I move to adopt Ordinance No. revising City Council District
Boundaries to comply with population limitations and, further, to
authorize publication by summary only.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
A) PMC Chapter 1.10 currently provides that five of the seven City Council positions
be elected by district (candidates residing in the respective district) with the other
two positions elected "at large" (without regard to residence). Districts are
formed based on population and pursuant to requirements of the PMC, must not
be greater or smaller than any other district by more than 10 %; and pursuant to
the requirements of the RCW, must be compact, contiguous; and to the extent
possible, coincide with recognized natural boundaries and preserve existing
communities of related and mutual interest (see reference #6).
B) Current districts do not meet the 10% requirement. On previous occasions,
Council has discussed alternatives of revising districts under the 5- District plan or
the possibility of changing to a 3- District plan (with two Councilmembers elected
from each of three districts and only one at -large position). Because the
population of districts would be larger under the 3- District plan, it would more
easily satisfy "equal" population requirements and require less maintenance over
time.
C) Council conducted a public hearing on February 25; no one offered testimony or
comment on either the 5- District or 3- District options. The Franklin County
Auditor requires notice of any change by early /mid -March to allow preparation
for the 2013 election cycle.
V. DISCUSSION:
A) The proposed ordinance reflects the
5- District
option, as was indicated by most
individual Councilmember comments
following
the February
25 hearing.
8(a)
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Council District Options 2013
City of Pasco
Current Council nietricte
Precinct
1 2
3
4
5
001
5,150
at 3:59 PM
002
3,080
003
1,768
_
004
2,163
005
1,729
006
I
1,396 i
007
2,033
- -- --
-_
008
410 �-
009
1,338
1,126
"2-
1,147.- __ -__ -- 1,275
013
11232
- - --
014
015
1,151
016
1,525
017
1,908
018
1,113
019
988
020
396
021
121
022
816
023
1,015
024
407
025
270
026
438
027
398
028
254
029
_- -_.
275
_ --
030
238
031
--
- --
- - --
-- 136
032
1,722
033
598
034
538
035
306
036
896
037
1,694
038
887
039
871
040
1,515
041
393
042
1,027
043
973
044
965
045
1,743
046
1,592
047
100_
048
--
- --
_
-580
049
57.3
050
_
1,154
_
051
1,188
052
-
1,174
053
1,269
054
-
--
798
055
996
056
1,074
057
673
058
64
059
709
060
184
062
973
063
593
Total
1 13,393 12,045 11,464
13,934
13,401
Printed 2/12/2013
Council
District Options 2013
Page 1 of 1
at 3:59 PM
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I
ORDINANCE NO,
AN ORDINANCE of the City of Pasco, Washington, Amending Chapter 1.10 of
the Pasco Municipal Code regarding Voting Districts.
WHEREAS, state law requires that each voting district shall be as nearly equal in population
as possible to each and every other voting district within the City; and further by Ordinance, the
City Council is required to re- establish district boundaries whenever the population of any
district exceeds by ten percent or more the population of any other district; provided that no
change to the boundaries of any district shall be made within ninety days prior to the date of a
general municipal election, nor within twelve months after the districts have been established or
altered; and
WHEREAS, the City has experienced an increase in and redistribution of population since
the voting districts were last established, having occurred more than twelve months prior; and
WHEREAS, the City Council, over the course of multiple public workshop meetings,
analyzed several possible revisions to district boundaries, including 5- District options and 3-
District options; and,
WHEREAS, a public hearing, after due notice, was held by the City Council on February
25, 2013 to receive and consider public comment on the two options preferred by Council; and
WHEREAS, the City Council, after due and deliberate consideration, has determined the 5-
District option as the preferred plan, pursuant to RCW 29.70.100, for amending said voting
districts, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN
AS FOLLOWS:
Section 1. That Section 1. 10.030 entitled "District Two" of the Pasco Municipal Code, shall
be and hereby is amended and shall read as follows:
1.10.030 DISTRICT TWO. Voting district two shall encompass the area within the City of
Pasco comprised of precinct numbers ten, eleven, twelve, fourteen, fifteen, sixteen, seventeen,
eighteen, twenty, twenty -one, twenty- seven, twenty - eight, twenty -nine, and - thirty, and thirt y -one
(105 11 J2, 14, 15, 165 175 18, 20, 21, 27, 28, 29, and-30 and 31 ) as those precincts are described
on the maps and property descriptions on file with the Auditor of Franklin County.
Section
2. That
Section 1.10.040
entitled
"District
Three" of the Pasco Municipal Code,
shall be and
hereby is
amended
and shall read as
follows:
1.10.040 DISTRICT THREE. Voting district three shall encompass the area within the
City of Pasco comprised of precinct numbers, five, six, seven, eight, nine, twenty -two, twenty -
three, twenty -four, twenty -five, thirty -two, and - thirty- three, thirty -five and thirty- ei¢lrt (5, 6, 7, 8,
% 225 235 24, 25132, and -33, 35 and 38) as those precincts are described on the maps and
property descriptions on file with the Auditor of Franklin County.
Section 3. That Section 1. 10.050 entitled "District Four" of the Pasco Municipal Code, shall
be and hereby is amended and shall read as follows:
1.10.050 DISTRICT FOUR. Voting district four shall encompass the area within the City
of Pasco comprised of precinct numbers thirty -four, ''A.'-; thirty- seven, *w�- eigFt-,--thirty-
nine, forty -two, forty - three, forty -four, forty -five, forty -six, fifty, fifty -one and fifty -five (34,
37, 38-393 425 43, 44, 45, 46, 50, 51, and 55) as those precincts are described on the maps and
property descriptions on file with the Auditor of Franklin County.
Section 4. That Section 1.10.060 entitled "District Five" of the Pasco Municipal Code, shall
be and hereby is amended and shall read as follows:
1.10.060 DISTRICT FIVE. Voting district five shall encompass the area within the City of
Pasco comprised of precinct numbers nineteen, Vwerty fi3:e, twenty -six, thirty- , thirty -six,
forty, forty -one, forty- seven, forty - eight, forty -nine, fifty -two, fifty - three, fifty -four, fifty -six,
fifty- seven, fifty - eight, fifty -nine, acid- sixty, sixty two and sixt -three (19, 25 26, 34—,36, 40, 41,
47, 48, 49, 52, 535 54, 563 57, 58, 59, and-60,62-and 63) as those precincts are described on the
maps and property descriptions on file with the Auditor of Franklin County.
Section 5. That Section 1.10.090 entitled "Re- Establishment of District Boundaries" of the
Pasco Municipal Code, shall be and hereby is amended and shall read as follows:
1.10.090 RE- ESTABLISHMENT OF DISTRICT BOUNDARIES. In addition to
decennial census adjustments required by RCW 29A.76.010, the Council shall re- establish
district boundaries whenever the population in any district exceeds by ten percent or more the
population in any other district; provided, that no change in the boundaries of any district shall
be made within sixty aipety days next before the date of a general municipal election, nor within
twelve months after the districts have been established or altered.
Section
6. This Ordinance shall
take
full force and effect five days after its approval,
passage and
publication as required by
law.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided
by law this 4th day of March, 2013.
Matt Watkins, Mayor
ATTEST:
Debra Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Pasco City Council Districts - Page 2
AGENDA REPORT
FOR: City Council
TO: Gary Crutchfie t Manager
FROM: Stan Strebel, Die City Manager
SUBJECT: Public Records Requests
I. REFERENCE(S):
1. Proposed Resolution
February 27, 2013
Regular Mtg.: 3/4/13
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
3/4: MOTION: I move to approve
Resolution No. 3460 as
amended,
amending
Resolution No. 3446
regarding Public Records
Requests.
III. FISCAL IMPACT:
Absent some method to reasonably manage large or complex public records requests
within existing staff resources, the City will be required to dedicate additional personnel
to handling public records requests and /or significantly impact the volume /pace of work
in certain functions.
IV. HISTORY AND FACTS BRIEF:
A) In recent years, the City has seen a rapid growth in the number and complexity of
public records requests. In addition to having to defend its response to numerous
requests in 2011 by litigation, the City has seen the number of requests and the
complexity of requests increase dramatically. For example, in the months of
December 2011 and January 2012, the City received a total of 17 requests with
none of the requests needing more time (beyond five days) for response. During
December 2012 and January 2013, requests have tallied 60 in number with 23 of
them requiring extended time to complete.
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.
D) The number and complexity of records requests have the potential to consume
significant staff resources and, because there is no protection of the City's
resources from the "serial" or abusive records requester, cost the taxpayer in
terms of service delivery or higher expenses due to staffing increases. In a time of
restricted local government revenue, the cost implications of a system that has
virtually no checks and balances are clearly some of the unintended consequences
of the state's approach to public records.
8(b)
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. 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 faller 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) Since Council discussion of this item on February 11, staff has added changes to
Section I of the proposed resolution, providing for identification of contact
information for those requesting fire and emergency medical services incident
records.
B) In addition, the amendment language has been revised to permit temporary
changes (to be able to respond administratively to unanticipated circumstances)
but requires City Council approval of any long -term change in the method or
criteria. It also references the Evaluation Rating Sheet and sets the threshold at
nine points.
C) An administrative appeal process was added.
D) Following council discussion on February 25 a new paragraph was added to
identify the three general categories of requests. It is intended that the
categorization will help illustrate to the reader the options available to a requestor.
E) Staff urges approval of the Resolution.
RESOLUTION NO, 3460
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 11 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 reeerds incident reports, 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 incident reports, 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: cityclerkinfona Pasco- wa.gov
2) Requests for Police records. Requests to inspect or copy reeefds- Police
incident reports 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 3rd, Pasco WA 99301
(509) 545 -3421 - telephone
(509) 545 -3423 - facsimile
3) Requests for Fire and Emergency Medical Services Incident records
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.l)asco- 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.
1) The City Clerk hours are Monday through Friday, 8:00 a.m, to 5:00 p.m.,
excluding legal holidays. R.,eords must be i sre eied at the e ffi e fthe na. Clerk ._
at C:.
Hall.
2) The City's Police Department hours are Monday through Friday, 8:00 a.m.
to 5:00 p.m., excluding legal holidays.
3) The City's Fire Department hours are Monday through Friday, 8:00 a.m,
to 12:00 p.m., and 1:00 p.m. to 4:30 p.m excluding legal holiday
4) 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:
Public Records Request Resolution - Page 3
1) Given the number of different departments /divisions in the City, the
maintenance of a single index is impractical; and
2) Due to activity levels in the City, the type and number of records is
constantly changing.
C) Organization of records. The City will maintain its records in a reasonably
organized manner. The City will take reasonable actions to protect records from damage and
disorganization. A requestor shall not take City records from City offices, or that location
designated for the inspection of public records, without the permission of the public records
officer or designee. A variety of records are available on the City's web site at www.pasco-
wa. ov. 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.
Public Records Request Resolution - Page 4
5) In the event the records requested in any department are readily available,
of a routine common nature, and do not involve the interest of any other person, the
public records officer or the department head may authorize the immediate inspection
and /or copying of such record without the necessity of filing the request as provided in
subsection (1) above.
Section 31 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, requests will be
categorized as "Immediate," "Routine" or "Complex" as set forth below. Complex
requests will be processed separate from Routine requests and will be processed together
with other Complex requests in the order such requests were received
The public records officer or designee shall use the method and criteria
enumerated below for identifying large or complex requests which criteria and method
may be amended from time to time as the demand for records and the availability of
resources change, provided, however, no such amendment shall remain in effect more
than thirty (30) days unless said amendment is ratified by resolution of the City Council
The public records officer or designee shall consider the following criteria when
identifying large or Complex requests: (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; (6) the need for clarification of the request (7) administrative
tasks necessary to process the request (8) the amount of time needed to review
documents for applicable exemptions; (9) the need for legal review of the public records
request; (10) the format of relevant records; and (11) other relevant circumstances
The method for applying the criteria in reviewing the requests shall be the use of
the Public Records Request Evaluation Sheet attached hereto as Exhibit A The up blic
records officer or designee shall score those requests which appear to be potentially large
or Complex by using the Public Records Request Evaluation Sheet A request that scores
8 points or less shall be considered a Routine request and will be processed together with
other Routine requests in the order such requests were received A request that scores 9
points or greater shall be considered a Complex request and will be processed to eg ther
with other Complex requests in the order such requests were received In the event the
records requested in any department are readily available of a common nature and do
not involve the interest of any other person the public records officer or the department
Public Records Request Resolution - Page 5
head
may
authorize
of a deposit for the copies, if any, is
the
of request. Within five (5) business
immediate
inspection
and
/or copying
of
such
record
without
the
contacting
necessity
failure to respond.
of
filing
the request
as provided
in subsection
(1)
above
2) Requestors are encouraged to narrow or clarify large or complex requests
A request that is narrowed or clarified will be rescored to determine if the request
qualifies as routine and can otherwise be processed with the other pending routine
requests. Requestors are encouraged to consider the needs of others and utilize the public
records request process responsibly.
3) A requestor may appeal the determination that a request is large or
determination. A written decision shall be issued by the City Manager or designee within
five (5) business days from receipt of the appeal unless extended or waived by mutual
written agreement.
B)
Acknowledging
requested and payment
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;
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 requestor and ask him or her to revise the request, or, if necessary,
seek an order from a court to prevent or limit the disclosure. The notice to the affected persons
will include a copy of the request.
Public Records Request Resolution - Page 6
E) Records exempt from disclosure. Some records are exempt from disclosure, in
whole or in part. If the City believes that a record is exempt from disclosure and should be
withheld, the public records officer will state the specific exemption and provide a brief
explanation of why the record or a portion of the record is being withheld. If only a portion of a
record is exempt from disclosure, but the remainder is not exempt, the public records officer will
redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why
portions of the record are being redacted.
F) Privilege Log. If the City determines that a record is exempt and should be
withheld, the City will maintain a privilege log of those withheld records. The privilege log will
identify:
1) Type of record withheld.
2) Date of record.
3) Number of pages.
4) Author or recipient.
5) The exemption invoked.
A copy of the privilege log will be produced to the records requestor.
G) Inspection of records.
1) Consistent with other demands, the City shall promptly provide a location
to inspect public records. No member of the public may remove a document from the
viewing area or disassemble or alter any documents. The requestor shall indicate which
documents, if any, he or she wishes the City to copy.
2) The requestor must claim or review the assembled records within thirty
(30) days of the City's notification to him or her that the records are available for
inspection or copying. The City will notify the requestor in writing of this requirement
and inform the requestor that he or she should contact the City to make arrangements to
claim or review the records. If the requestor or a representative of the requestor fails to
claim or review the records within the thirty -day period or make other arrangements, the
City may close the request and 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.
Public Records Request Resolution - Page 7
I) Providing records in installments. When the request is for a large number of
records, the public records officer or designee will provide access for inspection and copying in
installments, if he or she reasonably determines that it would be practical to provide the records
in that way. If, within thirty (30) days, the requestor fails to inspect the entire set of records or
one or more of the installments, the public records officer or designee may stop searching for the
remaining records and close the request.
J) Completion of inspection. When the inspection of the requested records is
complete and all requested copies are provided, the public records officer or designee will
indicate that the City has completed a diligent search for the requested records and made any
located nonexempt records available for inspection.
K) Closing withdrawn or abandoned request. When the requestor either withdraws
the request or fails to fulfill his or her obligations to inspect the records or pay the deposit or
final payment for the requested copies, the public records officer will close the request and
indicate to the requestor that the City has closed the request.
L) Later discovered documents. If, after the City has informed the requestor that it
has provided all available records, the City becomes aware of additional responsive documents
existing at the time of the request, it will promptly inform the requestor of the additional
documents and provide them on an expedited basis.
Section 4. EXEMPTIONS.
A) The Public Records Act provides that a number of types of documents are exempt
from public inspection and copying. In addition, documents are exempt from disclosure if any
"Other statute" exempts or prohibits disclosure. Requestors should be aware of other
exemptions, outside the Public Records Act, that restrict the availability of some documents held
by the City for inspection and copying. A list of such laws is available at the office of the City
Clerk and may be available at the City's website.
B) The City is prohibited by statute from disclosing lists of individuals for
commercial purposes.
Section 51 COSTS OF PROVIDING COPIES OF PUBLIC RECORDS.
A)
Costs
(if records
for paper
copies. There
is no fee for inspecting public records. A requestor
per page.
may obtain
copies for the
following costs:
1) Standard black and white photocopies - 15 cents (15¢) per page;
2) Standard color photocopies - 15 cents (15¢) per page;
Public Records Request Resolution - Page 8
3) Scanned copies
(if records
are not already
in electronic format) 10 cents
(10¢)
per page.
Public Records Request Resolution - Page 8
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 or DVD.
C)
Costs
for specialized
of
services.
In the event the City is required due to
the size of
charge
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.
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.
Public Records Request Resolution - Page 9
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 4th day of March, 2013.
Matt Watkins, Mayor
Attest
Approved as to Form:
Debra Clark, City Clerk Leland B. Kerr, City Attorney
Public Records Request Resolution - Page 10
AGENDA REPORT NO. 10
FOR: City Council
TO: Gary
FROM: Ahmad Oavoun i. Public Works Director
SUBJECT: Award 2013 Crack Sealing, Project No. M3- OV- 3R -13 -02
I. REFERENCE(S):
1. Vicinity Map
2. Bid Summary
February 25, 2013
Regular Mtg.: 3/4/13
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
03/04: MOTION: I move to award the low bid for the 2013 Crack Sealing
Project, to B.C.V. Inc. in the amount of $143,430 and, further,
authorize the Mayor to sign the contract documents.
III. FISCAL IMPACT:
Overlay Fund
IV. HISTORY AND FACTS BRIEF:
A) This project
involves
cleaning
and applying sealant to pavement cracks in
several areas
of Pasco.
This process will extend the life of the driving surface
and prepares
the streets
for future
overlays.
B) The project was bid with a base bid and eleven (11) alternates. This was done to
allow the City the flexibility to award the base bid with any or none of the
alternates.
V. DISCUSSION:
A) On February 22, 2013 staff received three (3) bids for 2013 Crack Sealing,
Project No. M3- OV- 3R- 13 -02. The low bid was received from B.C.V. Inc. in
the amount of $143,430. The second lowest bid received was in the amount of
$226,158. The Engineer's Estimate for the project is $244,800.
B)
Staff recommends award of the base bid
and all eleven (11)
of the alternates. The
attached vicinity map shows the base bid
area and all eleven
(11) alternates.
10(a)
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City of Pasco
2013 Crack Sealing
Project No. M3- OV- 3R -13 -02
February 22, 2013
BID SUMMARY
Engineer's Estimate
1. B.C.V.Inc.
2. Stripe Rite
3. Pavement Surface Control
Total
$24400.00
$1431430.00
$226358.00
$2631855.00