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HomeMy WebLinkAbout2014.01.21 Council Meeting PacketAGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. January 21, 2014 Please note that our Council meeting will take place on Tuesday, January 21 as City Hall will be closed Monday, January 20 in honor of Martin Luther King Jr. 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 4. 5. 6. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated January 6, 2014. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve claims in the total amount of $4,830,814.40. 2. To approve bad debt write -offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non - criminal, criminal, and parking) accounts receivable in the total amount of $278,411.50 and, of that amount, authorize $213,005.91 be turned over for collection. (c) Easement Agreement with Department of Natural Resources (Road 68) (ME #ESMT 2014 -001): 1. Agenda Report from Rick White, Community & Economic Development Director dated January 7, 2014. 2. Vicinity Map. 3. Easement Agreement. To approve the Agreement with the Department of Natural Resources for a public roadway easement for Chapel Hill Boulevard east of Road 68 and, further, authorize the City Manager to sign the Agreement. *(d) State Administration of Tourism Promotion Area Charges: 1. Agenda Report from Gary Crutchfield, City Manager dated January 14, 2014. 2. Proposed Agreement. To approve the Agreement with the Department of Revenue for administration of the Tourism Promotion Lodging charge imposed by the City. (RC) MOTION: I move to approve the Consent Agenda as read. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) VISITORS - OTHER THAN AGENDA ITEMS: (a) (b) (c) REPORTS FROM COMMITTEES AND /OR OFFICERS: (a) Verbal Reports from Councilmembers (b) (c) Regular Meeting 2 January 21, 2014 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (None) 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: (a) Ordinance No. , an Ordinance of the City of Pasco, amending Pasco Municipal Code Sections 3.07.010 (Ambulance), 3.07.160 (Water User Fees) and 3.07.190 ( Stormwater) regarding utility rates. 1. Agenda Report from Dunyele Mason, Finance Manager dated January 2, 2014. 2. Proposed Ordinance. 3. Comparative City Rates. 4. Water Fund Analysis. 5. Sewer Fund Analysis. 6. Stormwater Fund Analysis. 7. Irrigation Fund Analysis. 8. Ambulance Fund Analysis. MOTION: I move to adopt Ordinance No. adjusting the water, stormwater and ambulance utility rates effective February 1, 2014 and adjusting the water utility rate effective January 1, 2015 and, further, authorize publication by summary only. (b) Ordinance No. , an Ordinance relating to Local Improvement District No. 148 fixing the amount, form, date, interest rate and maturity of the Local Improvement District No. 148 installment note; providing for the purchase of such note by the city from funds on deposit in the Boulevard Maintenance Fund and fixing the interest rate on Local Improvement District No. 148 assessment installments. 1. Agenda Report from Dunyele Mason, Finance Manager dated January 9, 2014. 2. Ordinance. 3. Local Improvement District No. 148 Installment Notes. 4. Vicinity Map. MOTION: I move to adopt Ordinance No. relating to Local Improvement District No. 148 fixing the amount, form, date, interest rate and maturity of the Local Improvement District No. 148 installment note; providing for the purchase of such notes by the city from funds on deposit in the Boulevard Maintenance Fund and fixing the interest rate on Local Improvement District No. 148 assessment installments and, further, authorize publication by summary only. (c) Ordinance No. , an Ordinance concerning wages for temporary non - management, non - represented personnel. 1. Agenda Report from Lynne Jackson, Human Resources Manager dated January 8, 2014. 2. Proposed Ordinance. 3. Proposed Wage Plan. MOTION: I move to adopt Ordinance No. revising the Temporary Employee Wage Plan for calendar year 2014 and, further, authorize publication by summary only. (d) Resolution No. . a Resolution approving Amendment No. 2 to the HOME Cooperative Agreement for Tri- Cities HOME Consortium of Kennewick, Pasco and Richland under the National Affordable Housing Act. 1. Agenda Report from Angela Pitman, Block Grant Administrator dated January 7, 2014. 2. Proposed Resolution. 3. Amendment No. 2 to Cooperative Agreement of the Tri- Cities HOME Consortium. MOTION: I move to approve Resolution No. , approving Amendment No. 2 to the HOME Cooperative Agreement between the cities of Pasco, Kennewick and Richland for Program Years 2011 -2013. (e) Resolution No. , a Resolution confirming Mayoral appointments of Councihnembers to various Boards and Committees. 1. Agenda Report from Gary Crutchfield, City Manager dated January 16, 2014. 2, Resolution. 3. Proposed List of Board and Committee Assignments for 2014 -2015. MOTION: I move to approve Resolution No. _, confirming Mayoral appointments of Councilmembers to various Boards and Committees. Regular Meeting 3 January 21, 2014 *(f) Resolution No. , a Resolution authorizing an interfund loan to the Economic Development Fund. 1. Agenda Report from Gary Crutchfield, City Manager dated January 17, 2014. 2. Proposed Resolution. MOTION: I move to approve Resolution No. _, authorizing an interfund loan to the Economic Development Fund. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: (a) Funding Proposal for the DPDA Strategic Plan: 1. Agenda Report from Rick White, Community & Economic Development Director dated January 15, 2014. 2. Letter of Request from the Downtown Pasco Development Authority (DPDA). 3. Proposed Funding Agreement. MOTION: I move to approve the funding agreement with the DPDA for the strategic planning process, including website and brand development and, further, authorize the City Manager to sign the Agreement. *(b) Oregon Avenue Corridor PSA Amendment No. 1: 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated January 15, 2014. 2. Amendment No. 1 to Professional Services Agreement. MOTION: I move to approve Amendment No. 1 to Professional Services Agreement with CH2MM11, continuing professional services with respect to the Oregon Avenue Corridor, in the amount of $25,829 and, further, authorize the Mayor to sign the agreement. 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: 6:00 p.m., Tuesday, January 21, City Hall Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK) REGULAR MEETING CALL TO ORDER: MINUTES PASCO CITY COUNCIL JANUARY 6, 2014 The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Mike Garrison, Tom Larsen, Saul Martinez, and Matt Watkins. Excused: Robert Hoffinann and Al Yenney. 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; Bob Gear, Fire Chief and Mike Pawlak, City Engineer. The meeting was opened with the Pledge of Allegiance. Election of Mayor and Mayor Pro -Tem: Ms. Francik nominated Matt Watkins for Mayor. With no further nominations, Mayor Watkins closed nominations. Mr. Watkins was declared Mayor for the years 2014 and 2015 by unanimous Roll Call vote. Mr. Garrison nominated Rebecca Francik for Mayor Pro -Tem. With no further nominations, Mayor Watkins closed nominations. Ms. Francik was declared Mayor Pro -Tem by the following Roll Call vote: Yes — Martinez, Watkins, Francik, Garrison. No — Larsen. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated December 16, 2013. (b) Bills and Communications: To approve Claims in the amount of $2,332,349.01 ($1,563,726.50 in Check Nos. 196001- 196299; $219,264.17 in Electronic Transfer Nos. 0, 1, 6 -69, 71 -164, 166 -203, 235 -239; and $549,358.34 in Electronic Transfer Nos. 7, 9, 11 and 5 -8). MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. VISITORS - OTHER THAN AGENDA ITEMS: Mr. John Talbot, 6712 W. Octave, provided Council with a letter outlining his concerns about the city policy on merit pay and awards. REPORTS FROM COMMITTEES AND /OR OFFICERS: Ms. Francik attended an Open House for the Chiawana Riverhawks, the Grand Re- opening of the downtown Mid - Columbia Public Library and Aegis Crossfit Grand Re- opening. 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 6, 2014 HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Final Assessment Roll for Local Improvement District No. 149, Kurtzman Park Street Improvements, Phase 3. Mr. Pawlak explained the details of the final assessment roll. MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE FINAL ASSESSMENT ROLL. Mr. Eddie Barajas, 303 S. Hugo Ave., is concerned about the height of the water meter box on his property and inquired why the road is patched and not paved. Ms. Shirley Allen, representing Gemella Jackson owner of 211 S. Hugo Ave., addressed Council about the assistance program process and the final assessment amount. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. Council and staff discussed the details of LID 149. Ordinance No. 4137, an Ordinance of the City of Pasco, Washington, relating to Local Improvement District No. 149; approving and confirming the assessments and assessment roll of Local Improvement District No. 149 for the purpose of making roadway improvements, curb and gutter, sidewalk, storm drainage, and handicap ramps to current ADA standards, driveway approaches and other associated street work of South Cedar, South Hugo Avenues and East Alton Street, as provided by Ordinance No. 4035; levying and assessing a part of the cost and expense of the improvements against the lots, tracts, parcels of land and other property as shown on the assessment roll; and, providing for collection of assessments. MOTION: Ms. Francik moved to adopt Ordinance No. 4137, relating to Local Improvement District No. 149; approving and confirming the assessments and assessment roll of Local Improvement District No. 149 for roadway improvements, curb and gutter, sidewalk, storm drainage, and handicap ramps to current ADA standards, driveway approaches and other associated street work of South Cedar, South Hugo Avenues and East Alton Street, as provided by Ordinance No. 4035; levying and assessing a part of the cost and expense of the improvements against the lots, tracts, parcels of land and other property as shown on the assessment roll; and providing for collection of assessments; and, further, authorize publication by summary only. Mr. Martinez seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Ordinance No. 4138, an Ordinance of the City of Pasco, Washington amending the zoning classification of East 841.21 feet of Franklin County Tax Parcel #116- 020 -010 from RT (Residential Transition) to R -1 (Low- Density Residential) and R -2 (Medium- Density Residential). Council and staff discussed the details of the proposed zoning amendment. MOTION: Ms. Francik moved to adopt Ordinance No. 4138, rezoning property at the northwest corner of Sandifur Parkway and Convention Drive From RT to R -1 and R -2 and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. Resolution No. 3527, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit allowing a height increase for a detached residential garage at 5417 Dradie Street. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 6, 2014 Mr. Martinez recused himself from this item due to the applicant being a family member and left the Council Chambers. Mr. White explained the details of the proposed special permit. MOTION: Ms. Francik moved to approve Resolution No. 3527, approving the Special Permit allowing a height increase for a detached residential garage at 5417 Dradie Street as recommended by the Planning Commission. Mr. Garrison seconded. Motion carried unanimously. Mr. Martinez returned to the Council Chambers. NEW BUSINESS: Bargaining Contract for Code Enforcement Officers and Permit Technicians: Council and staff discussed the details of the contract. Mr. Talbot inquired about the fiscal impact of the contract. MOTION: Ms. Francik moved to approve the Collective Bargaining Agreement with the International Union of Operating Engineers (IUOE), Local 280, Code Enforcement Officers and Permit Technicians, for years 2013 -2015 and, further, authorize the Mayor to sign the Agreement. Mr. Martinez seconded. Motion carried 4 -1. No — Larsen. Bargaining Contract for Public Works and Facilities Maintenance Employees: Council and staff discussed the details of the contract. MOTION: Ms. Francik moved to approve the Collective Bargaining Agreement with the International Union of Operating Engineers (IUOE), Local 280, for years 2013 -2015 and, further, authorize the Mayor to sign the Agreement. Mr. Garrison seconded. Motion carried 4 -1. No — Larsen. MISCELLANEOUS DISCUSSION: Mayor Watkins noted committee assignments will be discussed at the next workshop meeting and commented on memos from Mr. Crutchfield relating to changes in the claims approval form and City Manager compensation comparisons. EXECUTIVE SESSION: Council adjourned to Executive Session at 8:03 p.m. for approximately 15 minutes to review the performance of a city employee. Mayor Watkins called the meeting back to order at 8:20 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:20 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk PASSED and APPROVED this 21" day of January, 2014. CITY OF PASCO Council Meeting of: January 21, 2014 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 fumished, the LIdescribed herein and that the claim is a just, due antl unpaid bbliga n against the city and that vre are authorized to authenticate and certify to sa d claim. Gary Crutchfield, Ci ager� Dunyele Mas n, 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 21 day of January, 2014 that the merchandise or services hereinafter specified have been received and are approved for payment: Claims Bank Payroll Bank Gen'I Bank Electronic Bank Combined Check Numbers 196300- 196552 46365- 46436, 80349-60358 900000002,900000004 -5 900000008 -9 Total Check Amount $2,441,630.39 $116,045.61 Total Checks $ 2,557,576.00 Electronic Transfer Numbers 286,346 30064063- 30065449 13 -20 9 -12 Total EFT Amount $32,940.96 $1,945,794.05 $188,800.16 $105,703.23 Total EFTS $ 2,273,238.40 Grand Total $ 4,830,814.40 Councilmember Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND 694,515.88 STREET 4,920.80 ARTERIAL STREET 0.00 STREET OVERLAY 0.00 C. D. BLOCK GRANT 4,200.77 HOME CONSORTIUM GRANT 4,552.53 NSP GRANT 66.85 KING COMMUNITY CENTER 3,134.73 AMBULANCE SERVICE 9,186.31 CEMETERY 234.63 ATHLETIC PROGRAMS 5,317.13 GOLF COURSE 29,583.35 SENIOR CENTER OPERATING 5,736.54 MULTI MODAL FACILITY 1,508.58 SCHOOL IMPACT FEES 32,781.00 SPECIAL ASSESSMNT LODGING 17,231.88 LITTER CONTROL 668.82 REVOLVING ABATEMENT 1,500.57 TRAC DEVELOPMENT & OPERATING 16,641.00 ECONOMIC DEVELOP 5,000.00 STADIUM /CONVENTION CENTER 12,021.59 GENERAL CAP PROJ CONSTRUCTION 1,023,573.65 WATERISEWER 416,105.54 EQUIPMENT RENTAL - OPERATING GOVERNMENTAL 21,891.60 EQUIPMENT RENTAL - OPERATING BUSINESS 4,881.91 EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL 0.00 EQUIPMENT RENTAL - REPLACEMENT BUSINESS 92,884.45 MEDICAL/DENTAL INSURANCE 141,193.28 FLEX 4,059.12 PAYROLL CLEARING 2,277,421.89 GRAND TOTAL ALL FUNDS: $ 4,830,814.40 3(b).1 AGENDA REPORT FOR: City Council DATE: January 15, 2014 TO: Gary Crutchfield, City Manager �� REGULAR: January 21, 2014 Rick Terway, Administrative & Manager Services Director FROM: Dunyele Mason, Financial Services Manage' SUBJECT: BAD DEBT WRITE -OFF'S /COLLECTION. I. REFERENCE (S): Write -off and collection lists are on file in the Finance Department. 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve bad debt write -offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non - criminal, criminal, and parking) accounts receivable in the total amount of $278,411.50 and, of that amount, authorize $213,005.91 be turned over for collection. III. HISTORY AND FACTS BRIEF: 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write -offs are under $10 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for collection exceed $10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non - criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are either un- collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY — These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. IV. ADMINISTRATIVE ROUTING: cc: Dot French, Municipal Court Clerk 3(b).2 Amount Direct Referred to Total Write -offs Collection Write -offs Utility Billing $ 241.79 2,763.12 3,004.91 Ambulance $ 62,984.80 12,426.35 75,411.15 Court A/R $ .00 197,087.80 197,087.80 Code Enforcement $ 2,179.00 608.64 2,787.64 Cemetery $ .00 .00 .00 General $ .00 .00 .00 Miscellaneous $ .00 120.00 120.00 TOTAL: $ 65,405.59 213,005.91 278,411.50 IV. ADMINISTRATIVE ROUTING: cc: Dot French, Municipal Court Clerk 3(b).2 AGENDA REPORT FOR: City Council January 7, 2014 TO: Gary Crutchfie it anager Workshop Mtg.: 1/13/14 Regular Mtg.: 1/21/14 i FROM: Rick White, Community & Economic Development Director�v SUBJECT: Easement Agreement with Department of Natural Resources (RD 68) (MF# ESMT 2014 -001) I. REFERENCE(S): 1. Vicinity Map 2. Easement Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1/13: DISCUSSION 1/21: MOTION: I move to approve the Agreement with the Department of Natural Resources for a public roadway easement for Chapel Hill Boulevard east of Road 68, and further, authorize the City Manager to sign the Agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. Recent property improvements at the southeast corner of RD 68 and Chapel Hill Boulevard this past year has resulted in the City and DNR reviewing the agreements for public roadway use. B. A small section of existing Chapel Hill Boulevard on DNR property east of RD 68 remains outside any formalized agreement for use as a roadway. C. DNR is precluded from selling lands within their Trust Portfolio without legislative action. DNR has agreed to provide the City with a perpetual easement for use of a portion of their property as a public roadway as outlined in Reference #2. D. There is no financial consideration for use of this property as a public roadway. The fee consideration will be the City's conformance with the terms of the agreement with DNR. DISCUSSION: A. The easement agreement is necessary to memorialize the use of the DNR property for a public roadway. B. Once the agreement is fully executed the City will have assurances that use of the property for a public roadway is allowed. C. Staff recommends approval of the agreement. 3(c) r U ^ �rc'u• �� '�y7,j�^O "`''°��`` b m O J J W .. CL s � ctF 4 i AINTREE Df2— L� 15 6$ LU J � . ' 1, } Ai Cja v l 1� When recorded return to: Department of Natural Resources Southeast Region Attn: Matt Fromherz 713 East Bowers Road Ellensburg, Washington 98926 -9301 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES PETER GOLDMARK, Commissioner of Public Lands LtT�717�.�1u I �ii;Y Y Grantor(s): State of Washington Grantee(s): City of Pasco Legal Description: SE' /< S16 T9N R29E Assessor's Property Tax Parcel: 117510016 Cross Reference: AFN 1800469 DNR Easement No. 50- 090771 This Easement is between CITY OF PASCO, a political subdivision of the State of Washington herein called "Grantee" and the STATE OF WASHINGTON, acting by and through the Department of Natural Resources, herein called "State" dated as of "Effective Date" Conveyance. State for and in consideration of the terns and conditions specified herein, hereby grants and conveys to the Grantee a non - exclusive easement in gross for the sole purpose of construction, operation, use, and maintenance of a public road over and across portions of the Southeast Quarter of Section 16, Township 9 North, Range 29 East more specifically described on that Record of Survey, recorded in Franklin County, Washington on February 27, 2004 under Auditor File Number 1640675 and by this reference made a part hereof (hereinafter Easement Area). Consideration. The consideration by Grantee to State is the performance by Grantee of the terms and conditions specified herein. Relinquishment. In additional consideration Grantee hereby relinquishes and quitclaims all rights and interest in and to that easement dated November 5, 1982 between Franklin County, 1 of 14 Easement No. 50- 090771 predecessor in interest to Grantee, as Grantee, and State filed in the Office of the Commissioner of Public Lands in Olympia, Washington under File No. 50- CR3182, attached as Exhibit A. Term. The term of this Easement shall be perpetual unless vacated as provided by law. Assignment. Neither this Easement, nor any of the rights granted herein, shall be assigned without prior written consent of State. Compliance with Laws. Grantee shall, at its own expense, conform to all applicable laws, regulations, permits, or requirements of any public authority affecting the Easement Area and the use thereof. Upon request, Grantee shall supply State with copies of permits or orders. Indemnity. Grantee shall indemnify, defend with counsel acceptable to State, and hold harmless State, its employees, officers, and agents from any and all liability, damages, expenses, causes of action, suits, claims, costs, fees (including attorney's fees), penalties, or judgments, of any nature whatsoever, arising out of the use, occupation, or control of the Easement Area by Grantee, its contractors, subcontractors, invitees, agents, employees, licensees, or permittees, including but not limited to the use, storage, generation, processing, transportation, handling, disposal, release, or threatened release of any hazardous substance or materials. To the extent that RCW 4.24.115 applies, Grantee shall not be required to indemnify State from State's sole or concurrent negligence. This indemnification shall survive the expiration or termination of the Easement. Grantee waives its immunity under Title 51 RCW to the extent required to indemnify State. Insurance. Before using any of said rights granted herein and at its own expense, the Grantee shall obtain and keep in force during the term of this Easement and require its contractors, sub - contractors, or other permittees to obtain while operating on the Easement Area, the following liability insurance policies, insuring Grantee against liability arising out of its operations., including use of vehicles. Failure to buy and maintain the required insurance may result in the termination of the Easement at State's option. The limits of insurance, which may be increased by State, as deemed necessary, shall not be less than as follows: (a) Commercial General Liability (CGL) insurance with a limit of not less than $1,000,000 per each occurrence. If such CGL insurance contains aggregate limits, the general aggregate limits shall be at least twice the "each occurrence" limit, and the products - completed operations aggregate limit shall be at least twice the "each occurrence" limit. (b) Employer's liability ( "Stop Gap ") insurance, and if necessary, commercial umbrella liability insurance with limits not less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury by 2 of 14 Easement No. 50- 090771 disease. (c) Business Auto Policy (BAP) insurance, and if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 per accident, with such insurance covering liability arising out of "Any Auto ". Business auto coverage shall be written on ISO form CA 00 01, or substitute liability form providing equivalent coverage. If necessary the policy shall be endorsed to provide contractual liability coverage and cover a "covered pollution cost or expense" as provided in the 1990 or later versions of CA 00 01. Grantee waives all rights against State for the recovery of damages to the extent they are covered by business auto liability or commercial umbrella liability insurance. (d) Grantee shall comply with all State of Washington workers' compensation statutes and regulations. Workers' compensation coverage shall be provided for all employees of Grantee and employees of any contractors, sub - contractors or other permittees. Except as prohibited by law, Grantee(s) waives all rights of subrogation against State for recovery of damages to the extent they are covered by workers compensation, employer's liability, commercial general liability or commercial umbrella liability insurance. All insurance must be purchased on an occurrence basis and should be issued by companies admitted to do business within the State of Washington and have a rating of A- or better in the most recently published edition of Best's Reports. Any exception shall be reviewed and approved in advance by the Risk Manager for the Department of Natural Resources. If an insurer is not admitted, all insurance polices and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and Chapter 284 -15 WAC. The State of Washington, Department of Natural Resources, its elected and appointed officials, agents and employees shall be named as an additional insured on all general liability, excess, and umbrella insurance policies. Before using any said rights granted herein, Grantee shall furnish State with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements specified above. Certificate(s) must reference State's easement number. State shall be provided written notice before cancellation or non - renewal of any insurance referred to herein, as prescribed in statute (Chapter 48.18 RCW or Chapter 48.15 RCW). Grantee shall include all contractors, sub - contractors and other permittees as insureds under all required insurance policies, or shall furnish separate certificates of insurance and endorsements for each. Contractors, sub - contractors and other permittees must comply with all insurance requirements stated herein. Failure of contractors, sub - contractors and other 3 of 14 Easement No. 50- 090771 permittees to comply with insurance requirements does not limit Grantee's liability or responsibility. All insurance provided in compliance with this Easement shall be primary as to any other insurance or self - insurance programs afforded to or maintained by State. Grantee waives all rights against State for recovery of damages to the extent these damages are covered by general liability or umbrella insurance maintained pursuant to this Easement. By requiring insurance herein, State does not represent that coverage and limits will be adequate to protect Grantee, and such coverage and limits shall not limit Grantee's liability under the indemnities and reimbursements granted to State in this Easement. If Grantee is self - insured, evidence of its status as a self - insured entity shall be provided to State. If requested by State, Grantee must describe its financial condition and the self - insured funding mechanism. Waste. Grantee shall not cause nor permit any filling activity to occur in or on the Easement Area, except by prior written approval of State. Grantee shall not deposit refuse, garbage, or other waste matter not in use, store, generate, process, transport, handle, release, or dispose of any hazardous substance, or other pollutants in or on the Easement Areas except in accordance with all applicable laws. The term hazardous substance means any substance or material as those terms are now or are hereafter defined or regulated under any federal, state, or local law in including but no limited to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA 42 USC et seq.), or the Washington Model Toxic Control Act (MICA RCW 70.105D.010.). Grantee shall immediately notify State if the Grantee becomes aware of any release or threatened release of hazardous substance on the Easement Area or adjoining the Easement Area. If the release of hazardous substance occurs in, on, under, or above the Easement Area arising out of any action of the Grantee, its contractors, subcontractors, invitees, agents, employees, licenses, or permittees, the Grantee shall, at its sole expense, promptly take all actions necessary or advisable to clean up, contain, and remove the hazardous substance in accordance with applicable laws. Any cleanup shall be performed in a manner approved in advance in writing by State, except in emergency situations Grantee may take reasonable and appropriate actions without advance approval. Survey Markers. Grantee shall not destroy any land survey corner monuments and/or reference points (including but not limited to corner markers, witness objects, or line markers) without prior written approval from State, which shall not be unreasonably withheld. 4 of 14 Easement No. 50- 090771 Monuments or reference points that must necessarily be disturbed or destroyed during road construction or maintenance activities must be adequately referenced and replaced, at the Grantee's cost, under the direction of a State of Washington Professional Land Surveyor, in accordance with all applicable laws of the State of Washington in force at the time of construction, including but not limited to RCW 58.24, and all Department of Natural Resources regulations pertaining to preservation of such monuments and reference points. Construction/Reconstruction. Sixty (60) days prior to any construction or reconstruction by Grantee on the Easement Area, Grantee shall submit a written plan of construction to State outlining the construction or activity for State's approval, which shall not be unreasonably withheld. In the event of an emergency requiring immediate action to protect person or property, Grantee may take reasonable corrective action without prior notice to State. All construction or reconstruction shall comply with applicable state or local laws. Maintenance, Repair, and Improvements. Grantee shall have sole responsibility for the maintenance, repair and improvement of the road to applicable road standards. Weed Control/Pesticides. The Grantee shall control at its own cost, all noxious weeds on any portion of the Easement Area herein granted. Such weed control shall comply with county noxious weed control board rules and regulations established under the Uniform Noxious Weed Control Statute (Chapter 17.10 RCW). The Grantee shall be responsible for, or shall immediately reimburse State any weed control cost incurred as a result of the Grantee's failure to control weeds on the Easement Area. The aerial application of pesticides is not permitted. Notice. Any notices or submittals required or permitted under this Easement may be delivered personally, sent by facsimile machine or mailed first class, return receipt requested, to the following addresses or to such other place as the parties hereafter direct. Notice will be deemed given upon delivery, confirmation of facsimile, or three days after being mailed, whichever is applicable. To State: DEPARTMENT OF NATURAL RESOURCES Atm. Rodney Rennie, Product Sales and Leasing Division 1111 Washington Street SE PO Box 47016 Olympia WA 98504 -7016 5 of 14 Easement No. 50- 090771 To Grantee: City of Pasco Attn: City Manager 525 North Third Avenue Pasco, Washington, 99301 Recording. Grantee shall record this Easement in the county in which the Easement Property is located, at Grantee's sole expense. Grantee shall provide State with a copy of the recorded Easement. Grantee shall have thirty (30) days from the date of delivery of the final executed agreement to comply with the requirements of this section. If Grantee fails to record this Easement, State may record it and Grantee shall pay the costs of recording, including interest, upon State's demand. Abandonment. In the event any portion of the road is abandoned, the Grantee shall take the necessary legal action to vacate such portions and shall immediately restore the land within all vacated portions to natural conditions as may be directed by State. In restoring the land, all asphalt shall be removed from the vacated portion; the asphalt shall not be deposited on the adjacent State land. In addition, the land surface shall be scarified to blend with the adjoining landscape. Noncompliance. State shall notify the Grantee of any instance of noncompliance by the Grantee, its contractors, subcontractors, invitees, agents, employees, licensees, or permittees with any of the terms and conditions hereof. Such notice will specifically identify the manner of noncompliance herewith. In the event the Grantee does not undertake, or cause to be undertaken, remedial action within forty five (45) days following receipt of said notice, State, acting by and through its Region Manager at Ellensburg, Washington, may suspend the Grantee's operations until such time as effective remedial action is taken. Construction. The terns of this Easement shall be given their ordinary meaning unless defined herein and shall not be presumed construed against the drafter. Effective Date. The Effective Date of this Easement shall be the date on which the last party executes this Easement. The Effective Date will be inserted on the first page of the Easement when such date is determined. Exhibits. All exhibits referenced in this Easement are incorporated as part of the Easement. Headings. The headings in this Easement are for convenience only and are not intended to, and shall not be construed to, limit, enlarge, or affect the scope or intent of this Easement nor the meaning of any of its provisions. 6 of 14 Easement No. 50- 090771 Modification. Any modification of the Easement must be in writing and signed by the parties. State shall not be bound by any oral representations or statements. Non - waiver. The waiver by State of any breach or the failure of State to require strict compliance with any term herein shall not be deemed a waiver of any subsequent breach. Severability. If any provision of this Easement shall be held invalid, it shall not affect the validity of any other provision herein. 7 of 14 Easement No. 50- 090771 IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate, as of the day and year first above written. CITY MANAGER CITY OF PASCO WASHINGTON Dated: 20. By: GARY CRUTCHFIELD 525 North Third Avenue Pasco, Washington, 99301 (509) 545 -3404 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated: 120_. By: PETER GOLDMARK Commissioner of Public Lands P.O. Box 7000 1111 Washington Street SE Olympia WA 98504 -7000 Affix the Seal of the Commissioner of Public Lands Approved as to form October 18, 2002 by Mike Rollinger Assistant Attorney General for the State of Washington 8 of 14 Easement No. 50- 090771 REPRESENTATIVE ACKNOWLEDGMENT State of Washington County of I certify that I know or have satisfactory evidence that is the individual who appeared before me, and said individual acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the City Manager of Pasco Washington to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: (Signature) (Seal or stamp) (Print Name) Notary Public in and for the State of Washington, residing at My appointment expires 9 of 14 Easement No. 50- 090771 STATE ACKNOWLEDGMENT State of Washington County of Thurston I certify that I know or have satisfactory evidence that PETER GOLDMARK is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Commissioner of Public Lands, and administrator of the Department of Natural Resources of the State of Washington to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: (Seal or stamp) (Signature) (Print Name) Notary Public in and for the State of Washington, residing at My appointment expires 10 of 14 Easement No. 50- 090771 Exhibit A: Easement 50- CR3182 -9 i o STATE OF RAMTKOTON OMr.r.,ENT OF i NATNRAL f PEE CEH _ N BRIM J. gdYLF., CammlmeloneT o[ Public Lands 0 Easement No. CA-3182 -'�- i Tins EASPM. T, made and entered lot. this Yi"day a . 19 by and between FRANKLIN MUM, herein celled the 'Grantee,' end the STATE CP MBRIMTON, acting by and through the Department of Natural Resource.. hereto pulled the "State," WITNP.SSETH, The State for and in consideration of the terms and conditions specified herein, hereby grants and conveys t. the Grantees An easement fm a Tight of way for the wale purpose a construction, operation, use, end aineenance of a road war and eeto.. a location as .hewn on Plat We. CR -9182 filed 1. the office of the Commissioner cf Public Led. at Olympia. Washintou. a reduction of which is attached as Exhibit As Indicating aaid right oP may In rd, and by this reference made a part hereof, all in Franklin County, Washington. Provided, the Create. ay permit the Installation of utilities specifically pertaining to ele,tronle transmission line., telaphoie lines, or pipeline, but for a other purposes. This masseur granted herein Ss subject to the following tame" eondltiow, and pr.atsiaat Subject, Iwwever, to wa mamat for right of my for a State highway by a transfer of jurisdiction granted to the State a[ Wmehiegta, Department d Transportation on September Rl, 1982, order Appllcetia We. SR -1194. Subject, homwer, to an easement for eight of ay for a gas pipeline granted to Northwest Pipeline on Nay 7, 1956, under Application No, 24266. Conmfdevatlon The consideration Paid by the Grantee to the State is as folloat Nome, The benefits stewing to the State fr= the scanting the public merge. right. affect the damage done to the land by the ma A.M. Drape and Protection from Damage Grantee. vhen using the rights granted herein, shall repair or cause to be repaired at Its sale cat and expense, all damage to tmprwementa on State Land. occasioned by At. which 1. In =case my that vhlch it would cause through normal ad prudent nee of said rights. During operations under thin easement. Including the construction of sonde and lending.. the Grantee shall coke inch preemptions in necessary to minimize insofar as poaclble, moil megaton ad damage to the moil. Rqulpmevt will not be .parard when ground condition. are much that =passive damage x111 result. All coil warfacea on the right of way, temporary wads aid skid trails which are devoid of =rural cover as a result of the operations hereuuder, shall M reseeded to a Stage mixture recommended by the local office of the County Estimation Agent. All legal land subdivision suevey afoem end witmees object* eta to be premiered. If such are destroyed or disturbed, the Grantee shall re-establish than by a registered professional engineer or licensed land Surveyor in accordance with 8. S. General lad Offtae Standards at Me wan =M... Cawem and/or Mtness object. that must necessarily be disturbed or destroyed In pro=w of construction meet be adequately referenced and/or replaced in Accordance with ell applicable lave of the State a Wa.blmt*n In force at the time of construction, reconstruction, or development at the eight a may Including but not limited to chapter 5844 RCw, and all Department of Natural Resources mice and regulations pertaining to preservation of such cormere and/or witness objects. Such reference. must be approved by the State =lot to removal of maid enforce and/or Winces object.. 11 of 14 Easement No. 50- 090771 .i i Q �N The Grantee shall prevent the my herein granted of weeds upon, adjacent the to spread cultivated of weeds � from, any portion of the right of `rap herein granted which is sd jecmt to tvltiveted Sta19 lands and shall further comply with the county noxious seed control board rules and regulations established under the Uniform Noxious Weed Control Statute (Chapter 113. Lass of 1969 Ex. Sees.). Payment of weed control coats will be the Creates's responsibility. In the event the county noxious weed control board direct, the Grantee to control weed, or the Grantee elects to kill or control the growth of weeds and /or brush by chemical treatment within or in proximity to said right of way, he shall use only those chemical agents, the contafner label@ of which have been registered with the Washington State Department of Agriculture. Such use suet be in accordance with the labeled directions and approved of jointly by the Washington State Department of Agriculture and the County Fxteneton Agent before commencement of any control program. Preoperating Requirement The Granteet, operations specified herein shall be conducted in accordance with the provisions of the State approved plan of Operation in force at the time of construction, reconstruction, or development of the right of way. Provided, however, thirty (30) days prior to commencement of said operations, the Grantee shall submit to the Area Wanager at Ellensburg, Washington, for written approval, a complete and detailed Plan of Operation for the development of the right of way. The Grantee shell provide for the examination of the right of way, with the State's Area Manager, before any construction, reconstruction, or development is commenced, Restoration It is understood and agreed that in the event any portion of the toed described heroin is abandoned, the Grantee shall take the necessary legal action to vacate such portions and shall immediately motors the land within all abandoned portions to a natural condition as say, be directed by the State. On those portion* designated for restoration, all asphalt shall be removed from the abandoned right of way and shall not be deposited on the adjacent State land; in addition, the land surface shall be scarified to bland with the adjoining landecape. Notice of Noncompliance The State shall notify the Grantee by United State* mail, addressed to the address shown on the application for this easement on file with the State in Olympia. Washington, of any instance of noncompliance by the Grantee, its employees, permittees, contractors or subcontractors with any of the terms and conditions hereof. Such notice will specifically Identify the manner of noncompliance herewith. In the event the Grantee does not undertake, or cause to be undertaken, remedial action within fifteen (15) days fallowing, receipt of said notice, the State, acting by and through its Area %neger at Ellensburg, Washington, may suspend the Grantee's operations until such time as effective remedial action is taken. APP. No. CR -3182 -2- 1771 O" to IN day UTTWSS and year WHEREOP, fir the above we hereto have executed this Snatzumant, to duplleate, of the dap eM year £Stet above written. N STATE OF NAERINGTON ~ App. No. CR -3182 0141109 mm vue _,r_w.�2od� PxooFFOI ..:_ exFCrc u5i'•.,46......... DEPARTMENT OF NATURAL RESOURCES 6IIIAN fammiseloner of Public. Lends BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY Courthouse 1016 North 4th Pasco, NA 99301 —3— Chairman Commlesioner Commissioner 1771 0 N M N N P M PLAT OF RIGHT OF WAY FOR STATE HOOTS W& 182 f.B INTFRGjAKG VIfINiTV ro SR D9.i.INIEBGtt9NGE vICINIzY_ Yf{.IMM[p Iq rt f[[ CR 3182 STATE OF WASHINGTON CR 3182 ..s b u. 21 _ ' 2 CR 9182. - r.� r MYSrF�wr..� �u..w...1 r... N..rr .7�1 ..♦ 1771 FXHIRIT A 1 lI vw:ii.. r9i,e 1 b u. 21 _ ' 2 CR 9182. - r.� r MYSrF�wr..� �u..w...1 r... N..rr .7�1 ..♦ 1771 FXHIRIT A AGENDA REPORT TO: City Council FROM: Gary Crutchfie Manager SUBJECT: State Administration of Tourism Promotion Area Charges I. REFERENCE(S): 1. Proposed Agreement January 14, 2014 Regular Mtg.: 1/21/14 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1/21: MOTION: I move to approve the Agreement with the Department of Revenue for administration of the Tourism Promotion Lodging charge imposed by the City. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: A) The Tourism Promotion Area (TPA) was formed in late 2004 to generate and administer the proceeds of a "per room night assessment" on hotels /motels in the Tri- Cities, imposed by the hotels themselves. kvI 1) 041WS3 OW A) The TPA "assessment" is remitted by the hotels to the state which, in turn, distributes it to the city in which it was collected. The city is obligated to pass the funds to the TPA, for use in accordance with the approved budget. B) The TPA Commission recently requested the city approve an increase in the room assessment ($2 /night). The City Council approved the request, effective January 1, 2014. C) The State Department of Revenue requires a formal agreement with the city to continue collecting the TPA funds. Staff recommends Council approval of the agreement with the Department of Revenue. 3(d) AGREEMENT FOR THE STATE ADMINISTRATION OF THE CITY OF PASCO TOURISM PROMOTION AREA THIS AGREEMENT ("Agreement! ') is entered into by and between the City of Pasco, a political subdivision of the State of Washington (herein referred to as "City") and the State of Washington Department of Revenue ( "Department") for the administration of the tourism promotion lodging charge imposed by the City. This Agreement is effective January 1, 2014. RECITALS WHEREAS, the Legislature of the State of Washington by RCW 35.101 authorizes a City to establish a Tourism Promotion Area to permit the levy of lodging charges to be expended exclusively for tourism promotion, and; WHEREAS, RCW 35.101 provides that a City imposing a lodging charge by resolution or ordinance shall contract with the Department for the administration and collection of the levy of lodging charges, and; WHEREAS, The City has by ordinance, copy attached hereto, indicated its intention to fix and impose a lodging charge of $2.00 per night of stay in addition to all other sales and use taxes and any special assessments that may be levied (Pasco City Ordinance No. 4123); NOW, THEREFORE, to provide for the administration of lodging charges, the parties agree as follows: AGREEMENT 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference as if fully set forth. 2. Functions of the Department. The Department shall exclusively perform all functions incident to the administration and collection for the lodging charges imposed by the Ordinance. The Department shall collect the charges from lodging businesses that furnish lodging taxable by the state under Chapter 82.08 RCW. 3. Collection Not Authorized. Pursuant to RCW 35.101.050, the Department is not authorized or required to administer and collect on behalf of the City any charge for which there are more than six classifications. 4. New or Additional Legislation. In addition to the Ordinance attached hereto, the City shall provide the Department with copies of any new and/or additional ordinances imposing any new charges or changing the rate of any charge. Such copies shall be provided to the Department no later than 75 days prior to the effective date of the resolution. Subject to the limitations under RCW 35.101.050, the Department shall administer and collect those charges that are identified in the new and/or additional ordinance pursuant to this Agreement under the same terns and conditions as for the charges imposed under the Ordinance. 5. Collection of Lodging Charges. The Department shall collect the lodging charges by the end of the following month after the due date of the taxable period for which lodging charges are imposed pursuant to the ordinance. In accordance with RCW 35.101.090, the charges so collected shall be deposited by the Department in the local tourism promotion account in the custody of the state treasurer. The Department shall provide the state treasurer with instructions on the proper monthly distribution of the deposited funds in accordance with RCW 35.101.100. 6. Rules and Regulations Adopted by the Department. Any specific rules and, regulations adopted by the Department to facilitate the administration and distribution of the lodging charges shall be in accordance with the State Administrative Procedure Act and RCW 35.101. Until specific rules and regulations are adopted, the Department shall apply the provisions contained in chapters 82.03, 82.08, 82.12, 82.14, and 82.32 RCW, as the same exist or may hereafter be amended and insofar as the same are relevant to lodging charges. Such provisions shall have full force and effect of Department Hiles when applied to lodging charges. 7. Uniform Collection. The Department performs its duties hereunder so that as far as possible the lodging charges shall be administered and collected uniformly with the state's sales and use taxes. 8. Refunds or Credits. Any refunds or credits the Department finds are owed relating to the lodging charges shall be refunded to the taxpayer from the City's portion of the local tourism promotion account. 9. Notification of Error of Fund Distribution. Either party shall have six months from the date funds are distributed by the state treasurer to notify the other parry in writing of any error in the amount of distributed funds. The party receiving such notice shall have sixty (60) days to review the claim. Upon agreement of the parties, the Department shall deposit any necessary additional funds with the state treasurer for distribution to the City; or in the event of an over - distribution to the City, the City shall return such over - distribution to the Department. If the City and the Department cannot reach an agreement, the parties agree to attempt mediation or other dispute resolution process prior to instigating litigation in Superior Court. 10. Disclosure of Taxpayer Information, Documentation and Reports. The Department shall provide taxpayer information, documentation and reports to the City in accordance with the disclosure limitations of RCW 82.32.330. The City shall require its authorized representatives that have access to confidential taxpayer information to sign a Department Secrecy Clause and shall ensure such representatives comply with RCW 82.32.330. 11. Parties' Communication and Cooperation. The parties agree to establish and maintain open lines of communication and to work cooperatively in order to improve administration and public understanding of the City lodging charges (special assessments). Either party may initiate a meeting, to be held at a mutually convenient time and place, to share information and to discuss matters related to administration and collection of the City lodging charges. 12. Disputes. In the event a dispute arises under this Agreement that cannot be resolved by mutual agreement of the parties, either party may elect arbitration in which the Department and City shall each individually appoint one member to a Dispute Board and those members shall select a third member. The Dispute Board shall evaluate the dispute and make a written determination after considering the relevant facts and legal authorities. The Dispute Board's determination shall be given significant weight by both parties who will meet after the determination is issued to resolve the dispute. If a resolution is not reached, the determination of the Dispute Board shall be admissible in any future legal proceeding between the parties concerning the dispute. Each party shall be responsible for a proportionate share of the costs of the member of the Dispute Board. This remedy is not intended to be exclusive of other remedies existing in law, by statute, or otherwise. . 13. Indemnification. To the extent permitted by law, the City agrees to indemnify, defend, and hold harmless the Department for the State of Washington from claims that challenge the authority of the City to impose lodging charges pursuant to the Ordinance. The City agrees that in the event there shall be a legal challenge to the Ordinance or resolutions, the Department shall not be obligated to represent the City or otherwise defend its position in any proceeding relating to such challenge. 14: Effective Date. This Agreement shall take effect at 12:01, January 1, 2014, and shall thereafter be automatically renewed on December 31, of each year unless one of the parties gives written notice of termination on or before November 1, or each year. The parties to this Agreement will notify each other in a timely manner when they find it necessary to request an amendment to this Agreement. 15. Waiver. Any failure by any party to insist upon strict performance of any provision of this Agreement shall not be deemed a waiver of the right to require future strict performance of such provision; No failure or delay in exercising any right or remedy hereunder shall be deemed a waiver of such right or remedy. No tern or condition of this Agreement shall be waived, modified or deleted except by an instrument, in writing, signed by personnel authorized to bind each of the parties. 16. Modification. This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 17. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 18. Counterparts. This agreement may be executed in two or more counterparts, each of which shall be deemed an original and which together constitute one and the same. IN WITNESS WHEREOF, the State of Washington, Department of Revenue and City of Pasco have executed this contract as of the day and year written below. Date Carol Nelson Department of Revenue Date Matt Watkins Mayor Date Approved as to Form only: oshua Weissman Assistant Attorney General City Attorney Attest: City Clerk AGENDA REPORT FOR: City Council January 2, 2014 TO: Gary Crutchfi i Manager Workshop Mtg: 1/13/14 Rick Terway, l i tor, Administrativ ommunity Regular Mtg: 1/21/14 Services FROM: Dunyele Mason, Financial Services Manager SUBJECT: UTILITY RATES L REFERENCE(S): 1. Proposed Ordinance 2. Comparative City Rates 3. Water Fund Analysis 4. Sewer Fund Analysis 5. Stormwater Fund Analysis 6. Irrigation Fund Analysis 7. Ambulance Fund Analysis II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 1/13: Discussion 1/21: MOTION: I move to adopt Ordinance No. adjusting the water, stormwater and ambulance utility rates effective February 1, 2014 and adjusting the water utility rate effective January 1, 2015 and, further, authorize publication by summary only. III. FISCAL IMPACT: Water Utility, Sewer Utility, Stormwater Utility, Ambulance Fund, Utility Tax IV. HISTORY AND FACTS BRIEF: A) Each utility is analyzed annually and projections made for a 5 year planning window. This 2014 -2018 Utility Rate Plan contemplates operating needs, construction impacts (as approved by the 2014 -2019 Capital Improvement Plan) and the impacts of current and future debt issuances. By using a five year planning window, rate impacts can be managed. The current goal is to contain rate increases to no more often than every two years. B) WATER. The last water rate increase was authorized in 2010; four years ago and in conjunction with the issuance of new debt. The next debt issuance is planned for 2015. To lower costs and keep rates down, the utility has used its reserves to fund construction costs and delay additional debt. The 2014 -2018 Utility Rate Plan for water calls for a 30% increase in base fees ($3.75 /month for residential, from $12.50 to $16.25) and a 5% increase in water consumption rate (from $0.65 to $0.68 per 100 Cubic Ft.) in 2014. Effective January 1, 2015, there will be no increase in the base rates but a 3% increase in consumption rates (from $0.68 to $0.70 per 100 Cubic Ft.). The 2015 increase is necessary to restore operating reserve balances to preserve the utility's credit rating. There are 221 accounts receiving the Low Income Sr. Discount of 67% (i.e. the reduced rate is 1/3 the regular base fee) so this base fee would increase $1.23 per month from $4.17 to $5.40 in 2014. C) SEWER. The last sewer increase took place in 2004; ten years ago. In 2013, the sewer utility received $2.4 million in bond proceeds for construction projects and maintained the reserve balances. In conjunction with the water utility, the next debt issuance is planned for 2015 to provide funding for capital projects as listed in the 2014 -2019 Capital Improvement Plan and the 20 Year Sewer Master Plan. There is no rate increase planned for 2014 or 2015. S(a) D) STORMWATER. The last stormwater increase took place in 2012. This utility currently has no debt and renews its system using rates revenues. The 2014 -2018 Utility Rate Plan calls for a 13% increase in base fees ($0.50 /month for residential, $3.90 to $4.40) in 2014. E) IRRIGATION. The last irrigation increase took place in 2011. This utility currently has no debt and renews its system using rates revenues. Continued growth in the number of customers has been sufficient to offset increasing costs of doing business. There is no rate increase planned for 2014 or 2015. F) AMBULANCE. The last ambulance rate increase took place in 2013. The utility currently has no debt but faces on -going revenue challenges to keep pace with operating increases. The 2014 -2018 Utility Rate Plan calls for a 24% increase in base fees ($1.50 /month for residential, $6.25 to $7.75) in 2014. V. DISCUSSION: A) WATER. 1) Included in the analysis is the impact of several new programs. The first program is the Fire Hydrant Flushing program. This program provides resources to carry out a preventative maintenance program to flush, service, repair and test the fire hydrants city wide to better ensure they are properly working and available in an emergency. The second program, the Hydrant Addition program provides resources to add fire hydrants west of 20 Avenue where sufficient fire protection should be improved. The third program is the Water Meter Relocation program. This program increases efforts to move existing water meter /services from troublesome areas (in parking strips, secured areas, etc.) to readily accessible and serviceable locations. The total impact of these new programs is about $412,000 per year. 2) There is an additional impact of approximately $590,000 per year that includes a 2% increase in the O &M on -going costs ($90,000); increases in state and city utility taxes ($156,000), increases in interfimd administrative charges ($144,000) and a contribution to replenish reserves ($305,000) over the next several years required to maintain the utility's credit rating. B) SEWER. 1) Sewer rates are impacted by the new Department of Ecology requirement that the City take on the responsibility of pre - treatment permit process. The impact of the new requirement is estimated at $216,000 per year. There is an additional impact of approximately $200,000 per year that includes a contribution to replenish reserves over the next several years required to maintain the utility's credit rating. 2) Continued growth in the customer base has allowed these costs to be absorbed without a 2014 rate increase. C) STORMWATER. 1) Included in the analysis are the impacts of additional maintenance programs and the addition of a 0.5FTE (re- assigned from the Street Division) devoted to street sweeping. A new Retro -Fit program ($60,000) has been added along with a new Recondition Storm Drain Pipes ($25,000 in 2014 increasing to $50,000 in 2015). These programs were added to meet Department of Ecology permitting requirements. A $0.50 increase in 2015 may be necessary to cover 2014 service levels. As an alternative to the 2015 rate increase, Council might decrease the sweeping frequency. D) IRRIGATION. 1) Continued growth in the number of customers has been sufficient to offset increasing costs of doing business which means no rate increase is required. Reserves remain adequate. E) AMBULANCE. 1) Ambulance rate increases are driven by continued increases in costs and continued state and federal caps on medical reimbursements. Personnel costs represent 72% of all operating costs. The settlement of the union contract resulted in an operating cost increase of approximately $86,000 per year. The balance of revenue generated by the proposed increase will reduce the General Fund subsidy to the previous $420,000 level. The 2015 rate increase and ambulance rate model will be discussed in detail later this year. ORDINANCE NO AN ORDINANCE of the City of Pasco, amending Pasco Municipal Code Sections 3.07.010 (Ambulance), 3.07.160 (Water User Fees) and 3.07.190 ( Stormwater) regarding utility rates. WHEREAS, The City Council has determined that certain amendments to the Ambulance, Water and Stormwater user fees are needed; NOW, THEREFORE, the City Council of the City of Pasco, Washington, Does Ordain as Follows: Section 1. PMC Section 3.07.010, subsections A) and B) are amended to read as follows: 3.07.010 AMBULANCE: A) Ambulance Service Rates: Fee /Charge Reference 1) Resident Rate $660.00 $700.00 3.05.040 2) Non - Resident Rate $990.0 $1,050.0 0 3.05.040 3) Mileage Rate, per mile $i&90 $11.00 3.05.040 4) Non - Transport Medical Services Rate $200.00 $250.00 3.05.040 B) Monthly Ambulance Service Fees: 1) Family Residential Ambulance Utility Fee $6.23 $7.75 3.05.025 2) Multi - Family Residential Ambulance $6:23 $7_75 3.05.025 Utility Fee 3) Commercial/Business Ambulance Utility %45 $7.75 3.05.025 Fee 4) hidustrial Ambulance Utility Fee $6-23 $7_75 3.05.025 Section 2. PMC Section 3.07.160, subsections A), B), C) and D) are amended to read as follows: 3.07.160 WATER USER FEES: A) Inside City: Fee /Charge Reference 1) Consumption — per 100 cubic foot $0.5 $0.68 13.20.050 (effective 2/1/14 Consumption — per 100 cubic foot $0.70 (effective 111115 2) Bulk — per 1000 gallons $0,90 $1.15 13.20.070 a C) D) Residential — single family base fees: Fee /Charge 1) 3/4 and 5/8 inch — per month $12.5v 16.25 13.20.020 2) 1 inch — per month M8.74 24.35 13.20.020 3) Outside City; effective 11/1/2002 90% surcharge 13.20.080 Sr. Citizen/Low Income: 4) 3/4 and 5/8 inch — per month $4.4-7 $5_40 13.� X40 13.200.150 5) 1 inch — per month $6.25 $8.15 13.''� X40 13.200.150 6) Outside City; effective 11/1/2002 90% surcharge 13.20.080 Commercial — Multi- family, irrigation, commercial base fees: 1) 3/4 — per month 617.61 $22.90 13.20.030 2) 1 inch — per month $2543 $33.05 13.20.030 3) 1 1/2 inch — per month $49.61 $64.50 13.20.030 4) 2 inch — per month $7939 $103.45 13.20.030 5) 3 inch — per month $188.69 $141.3 0 13.20.030 6) 4 inch — per month $156..60 $203.60 13.20.030 7) 6 inch — per month $244.46 $317.80 13.20.030 8) 8 inch — per month $339.77 $440.40 13.20.030 9) Outside City; effective 11/1/2002 90% surcharge 13.20.080 Fire Hydrants: Fee /Charge Reference 1) Meter Rental: a) Refundable Deposit Not to exceed 110% 13.20.070 of Cost, as determined by the Finance Manager b) Non - refundable Removal Fee $25.00 $30.00 13.20.070 c) Monthly Base Rental Fee $47:93 $62.00 d) Late Payment and Not Returning $50.00 Meter after 48 Hrs. (per day) 2) Hydrant Rental — outside corporate $1580 $20.00 13.20.060 limits, per year Section 3. PMC Section 3.07.190 is amended to read as follows: 3.07.190 STORMWATER UTILITY: Monthly Charges A) Residential Fee / Charee Reference 1) Single - Family Residential (unit) $3.-90 $4.40 13.60.070 2) Multi - Family Residential (per unit) $4-.9-5 $2_20 13.60.070 3) Apartments (per unit) $1115 $2_20 13.60.070 4) Undeveloped parcel (per mo) $0.00 13.60.070 5) Vacant building (per mo) $3-99 $5_52 13.60.070 B) Industrial /Commercial: Fee / Charee Reference 1) Parking for 0 to 5 vehicles (per mo) $3-90 $4_40 13.60.070 2) Parking for 6 to 10 vehicles (per mo) S4.40 13.60.070 3) Parking for 11 to 15 vehicles (per mo) $15:69 $17.60 13.60.070 4) Parking for 16 plus vehicles (per mo) $19.50 $22.00 13.60.070 This ordinance shall be in full force and effect on and after February 1, 2014 after passage and publication, as provided by law. PASSED by the City Council of the City of Pasco at a regular meeting the 21 st day of January 2014. Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Comparative Monthly Utility Rates for 2014 WATER Single Family Number of Connections 9.30.13 Monthly Charge (1,000 /CF) City Residential Commercial Inside City City of Kennewick 20,582 2,417 $21.62 City of Richland 15,733 2,103 $34.50 City of Pasco 15,761 1,012 $23.05 City of Walla Walla 9,417 1,126 $43.60 City of Moses Lake 6,839 1,383 $22.00 AMBULANCE Single Family Number of Units 9.30.13 * Monthly City of Kennewick 21,220 SEWER City of Richland 16,175 Number of Accounts 9.30.13 Single Family Single Family Residential Number of Connections 9.30.13 Monthly Charge (1,000 /CF) City Residential Commercial Inside City City of Kennewick 16,428 1,666 $20.90 City of Richland 16,618 1,107 $25.60 City of Pasco 13,952 1,480 $24.80 City of Walla Walla 9,469 929 $52.10 City of Moses Lake 6,817 920 $32.15 AMBULANCE Single Family Number of Units 9.30.13 * Monthly City of Kennewick 21,220 STORMWATER City of Richland 16,175 Number of Accounts 9.30.13 Single Family 21,798 Residential Commercial Monthly City of Kennewick 19,375 1,845 $2.71 City of Richland 17,179 981 $3.85 City of Pasco 15,303 1,388 $4.90 City of Walla Walla $6.90 City of Moses Lake 5,797 827 $5.20 AMBULANCE Single Family Number of Units 9.30.13 * Monthly City of Kennewick 21,220 $5.67 City of Richland 16,175 $7.18 City of Pasco 21,798 $7.75 City of Walla Walla EMS Levy City of Moses Lake 9,183 $8.25 Inlcudes multifamily units 1/2/201411:23 AM \ \nu \Finance \A FINANCE MANAGER \UTILITY RATE MODEL- DM \Utilities \2013 Rate Changes \Comparative City Rates 9.30.13.xlsx N co U O O O N a U N O N H Y/ N d U O d � J O N Q a Z Q a W ID M Z O N Q a` J QM � W � V N Q O N Z (L LL. d J3 U m Z °' Q O N a` W Co H N U O N J_ H (0 r O W < N a o °J � � O � Cl) m 01 M 0) 0 n 0 N to N O a M O U) N •- u? n n n M n N C N R m V N O O 7 N Oct O rn n ��tC� N cq cc (nn N M (MO N v P- n v (a M rn n .- N O M W N OD N m N N N O (00_ co 1, V o° to M It CD 00 qt rn n rn n w n rn n W O v M v N n N o7 N N O M m� � r m M r O O00 M O (6 V O N M o W N N N a M n? 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H rn a10i o w as �' v K c t O x e o N o K m N w U_ W m Faw O�w CL Z D J m U (D W W 0 0 co Z Z ZH J m U C9 (n w Q J O J m U C9 j O U J) Z w W W> J J_ CO F Z N Z W W N g as�� H Z W Z it 0 M z M D (1) Z W U Lu Q Z ¢U J M } F G^' W D W w F Z W z d w (;i ) ( w Q F Z c ycG +a N v .. a e 0 N EXODI DM1 [01l'�lI FOR: City Council January 9, 2014 TO: Gary Crutchfie anager Rick Terway, fi trative &Community Services Director Workshop: 1/13/14 FROM: Dunyele Mason, Financial Services Manager Regular Meeting: 1/21/14 SUBJECT: Ordinance Approving Issuance of Note Funding LID 148 Expenditures I. REFERENCE(S): 1. Ordinance 2. Local Improvement District No. 148 Installment Notes 3. Vicinity Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1/13: Discussion 1/21: MOTION: I move to approve Ordinance No. _ relating to Local Improvement District No. 148 fixing the amount, form, date, interest rate and maturity of the Local Improvement District No. 148 installment note; providing for the purchase of such notes by the city from funds on deposit in the Boulevard Maintenance fund and fixing the interest rate on Local Improvement District No. 148 assessment installments. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) LID 148 was formed by Ordinance No. 3988 on January 18, 2011. B) LID 148 included improvements to Sycamore, Hugo, Waldemar and Cedar Avenues from Butte Street to Alton Street and Helena Street 150 feet west of Sycamore Ave to Cedar Avenue and on Alton Street from Hugo Avenue to 200 feet east of Waldemar Avenue. Improvements included street widening, curb, gutter, sidewalks, storm drainage, and street lighting. C) Construction work is now complete. The final assessment roll for LID 148 was approved by Ordinance No. 4125 on November 4, 2013 for $258,734.48. D) 30 day interest free letters were mailed on November 27, 2013. With the December 1st publication notice, the 30 day interest free period expires on December 31, 2014. E) Due to the cost of debt issuance and the size of the debt issuance, the city has opted to fund Local Improvement District No. 148 internally with a ten year instalhent note rather than issuing an external bond and set the assessment collections for the same ten year term. F) The collections of pre - payments as of December 31, 2013 for Local Improvement District No. 148 is $34,100.80 and the amount to be funded by the LID Assistance grant is $46,369.36 leaving a balance of $177,964.32 to be funded by the installment note. V. DISCUSSION: A) The interest on the installment note is set at the rate quoted by Piper Jaffray & Co. for this type of debt of 4.0 %. B) The interest on the assessments includes a 0.5% administrative and processing fee for a total rate of 4.5 %. C) Staff recommends the approval of the issuance and purchase of the installment note and setting of the interest rates for the note and assessments. 06 1, ORDINANCE NO. AN ORDINANCE RELATING TO LOCAL IMPROVEMENT DISTRICT NO. 148 FIXING THE AMOUNT, FORM, DATE, INTEREST RATE AND MATURITY OF THE LOCAL IMPROVEMENT DISTRICT NO. 148 INSTALLMENT NOTE; PROVIDING FOR THE PURCHASE OF SUCH NOTE BY THE CITY FROM FUNDS ON DEPOSIT IN THE BOULEVARD MAINTENANCE FUND AND FIXING THE INTEREST RATE ON LOCAL IMPROVEMENT DISTRICT NO. 148 ASSESSMENT INSTALLMENTS WHEREAS, pursuant to RCW 35.45.150, the City Council of the City of Pasco, Washington (the "City"), has determined to issue its Local Improvement District No. 148 Installment Note in the aggregate principal amount of $177,964.32 and finds it is in the best interest of the City that such note be purchased by the City from funds on deposit in the Boulevard Maintenance Fund of the City and available for investment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. AUTHORIZATION AND DESCRIPTION OF NOTE. The total amount of the assessment roll in Local Improvement District No. 148 in the City of Pasco, Washington (the "City"), created under Ordinance No. 4125 which passed November 4, 2013 was $258,437.48. The 30 -day period for making cash payments of assessments without interest in the District expired on December 31, 2013 and the total amount of assessments paid to date is $80,470.16 leaving a balance of assessments unpaid on the assessment roll in the sum of $177,964.32. The Local Improvement District No. 148 Installment Note (the "Note ") shall, therefore, be issued pursuant to RCW 35.45.150 as a single installment note in the total principal sum of $177,964.32. The Note shall be dated February 1, 2014 shall mature on February 1, 2024 shall be in fully registered form; and shall be numbered R -2. The Note shall bear interest at the rate of 4.0% per annum (computed on the basis of a 360 -day year of twelve 30 -day months), payable annually on each February 1, beginning February 1, 2015. Section 2. APPOINTMENT OF NOTE REGISTRAR; REGISTRATION AND TRANSFER OF NOTE. The Financial Services Manager of the City is appointed Note Registrar for the Note. The Note shall be issued to the City's Boulevard Maintenance Fund (the "Registered Owner ") only in the registered form as to both principal and interest and shall be recorded on books or records maintained by the Note Registrar (the "Note Register "). The Note Register shall contain the name and mailing address of the Registered Owner. The Note may not be assigned or transferred by the Registered Owner. When the note has been paid in full, both principal and interest, it shall be surrendered by the Registered Owner to the Note Registrar, who shall cancel the Note. The Note Registrar shall keep, or cause to be kept, at her office, sufficient books for the registration of the Note. The Note Registrar is authorized, on behalf of the City, to authenticate and deliver the note in accordance with the provisions of the Note and this ordinance, to serve as the City's paying agent for the Note and to cant' out all of the Note Registrar's powers and duties under this ordinance. The Note Registrar shall be responsible for the representations contained in the note registrar's Certificate of Authentication on the Note. Section 3. PAYMENT OF NOTE. Both principal of and interest on the Note shall be payable solely out of the Local Improvement Fund, District No. 148 (the "Note Fund'), and from the Local Improvement Guaranty Fund of the City, and shall be payable in lawful money of the United States of America. Interest on the Note, and any prepaid principal thereof, shall be paid by check, draft or interfund transfer on the interest payment date to the Registered Owner at the address appearing on the Note Register. The final installment of principal of and interest on the Note at maturity or prior repayment is payable at the office of the Note Registrar in Pasco, Washington, upon presentation and surrender of the Note. Section 4. PREPAYMENT PROVISIONS. The City reserves the right to prepay principal of the Note prior to its stated maturity on any interest payment date, at par plus accrued interest to the date fixed for prepayment, whenever there shall be sufficient money in the Note Fund to prepay the principal of the Note over and above the amount required for the payment of the interest then due on the Note. No notice of prepayment to the Registered owner is required. Interest on the principal of the Note so prepaid shall cease to accrue on the date of such prepayment. Section 5. PLEDGE OF ASSESSMENT PAYMENTS. Assessments collected in Local Improvement District No. 148 together with interest and penalties, if any, are pledged to the payment of the Note, and shall be deposited in the Note Fund. The Note is payable solely out of the Note Fund and the Local Improvement Guaranty Fund of the City in the manner provided by law and constitutes a lien and charge upon such Note Fund and Local Improvement Guaranty Fund. The Note is not a general obligation of the City. Section 6. FAILURE TO REDEEM NOTE. If the Note is not redeemed when properly presented at its maturity or prepayment date, the City shall be obligated to pay interest on the Note at the same rate provided therein from and after its maturity or prepayment date until the Note, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Note Fund and the note has been called for payment by giving notice of that call to the Registered Owner. Section 7. FORM AND EXECUTION OF NOTE. The Note shall be printed, lithographed or typed on good bond paper in a form consistent with the provisions of this ordinance and state law, shall be signed by the Mayor and the City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. Only the Note bearing a Certificate of Authentication in the following form, manually signed by the Note Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. CERTIFICATE OF AUTHENTICATION This Note is the fully registered City of Pasco, Washington, Local Improvement District No. 148 Installment Note described in the Note Ordinance. Financial Services Manager Note Registrar The authorized signing of the Certificate of Authentication shall be conclusive evidence that the Note has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance. Section 8. PURCHASE AND SALE OF NOTE. The City will purchase the Note from funds available for investment on deposit in the Boulevard Maintenance Fund of the City at a price of par plus accrued interest from the date of the Note to the date of its transfer to the City. The proper City officials are authorized and directed to do everything necessary for the prompt delivery of the Note and for the proper application and use of the proceeds of the sale thereof. Section 9. FIXING INTEREST RATE ON ASSESSMENTS. The interest rate on the installments and delinquent payments of the special assessments in Local Improvement District No. 148 are revised and fixed at the rates of 4.5% per annum and 8.00% per annum, respectively. Section 10. EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect February 1, 2014. Adopted by the City Council of the City of Pasco, on this 21 st day of January, 2014. City of Pasco: Matt Watkins, Mayor Attest: Approved As To Form: Debra Clark, City Clerk Leland B. Kerr, City Attorney No. R -2 $177,964.32 UNITED STATES OF AMERICA STATE OF WASHINGTON CITY OF PASCO LOCAL IMPROVEMENT DISTRICT NO. 148 INSTALLMENT NOTE Interest Rate: 4.0% Maturity Date: 2/1/2024 Registered Owner: CITY OF PASCO BOULEVARD MAINTENANCE FUND Principal Amount: $177,964.32 N.B. The laws of the State of Washington under which this Note is issued contain the following section (RCW 35.45.070): "Neither the holder nor owner of any bond, interest coupon, warrant, or other short -term obligation issued against a local improvement fund shall have any claim therefore against the city or town by which it is issued, except for payment from the special assessments made for the improvement for which the bond or warrant was issued and except also for payment from the local improvement guaranty fund of the city or town as to bonds issued after the creation of a local improvement guaranty fund of that city or town. The city or town shall not be liable to the holder or owner of any bond, interest coupon, warrant, or other short -term obligation for any loss to the local improvement guaranty fund occurring in the lawful operation thereof. A copy of the foregoing part of this section shall be plainly written, printed or en graved on each bond. " The CITY OF PASCO, WASHINGTON (the "City"), a municipal corporation of the State of Washington, promises to pay to the Registered Owner identified above on the Maturity Date indentified above the Principal Amount identified above and to pay interest (computed on the basis of a 360 -day year of twelve 30 -day months) thereon from the date of this Note or from the most recent interest payment date to which interest has been paid at the Interest Rate per annum identified above, payable annually beginning September 25, 2014 to the maturity or earlier prepayment of this Note. If this Note is not redeemed when property presented at its maturity date, then interest shall continue to accrue at the Interest Rate identified above until this Note, both principal and interest, is paid in full or until sufficient money for its payment in full has been deposited in Local Improvement Fund, District No. 148 (the "Note Fund "), and this Note has been called for payment. This Note, designated the Local Improvement District No. 148 Installment Note, is issued by the City in fully registered form pursuant to and in full compliance with the Constitution and laws of the State of Washington and ordinances of the City, including Ordinance No. (the "Note Ordinance "). This Note is issued for the purpose of providing the fimds necessary to pay the costs of constructing the improvements within Local hnprovement District No. 148 of the City as ordered to be carried out by Ordinance No. of the City. The City has reserved the right to prepay principal of this Note prior to its stated maturity date on any interest payment date, at par plus accrued interest to the date fixed for prepayment, whenever there is sufficient money in the Note Fund to prepay the principal of the Note over and above the amount required for the payment of the interest then due on the unpaid Note. No notice of prepayment to the Registered Owner is required. Interest on the principal of this Note so prepaid shall cease to accrue on the date of such prepayment. Both principal of and interest on this Note are payable in lawful money of the United States of America. Interest on this Note, and any prepaid principal thereon, shall be paid by check, draft or interfund transfer on the interest payment date to the Registered Owner at the address appearing on the registration books of the City (the "Note Register ") maintained by the Finance Services Manager of the City (the "Note Registrar "). The final installment of principal and interest on the Note at maturity or prior repayment is payable at the office of the Note Registrar in Pasco, Washington, upon presentation and surrender of this Note. The funds deposited in the Note Fund and the Local Improvement Guaranty Fund of the City have been and are pledged irrevocably to the payment of the principal of and interest on this Note. This note is not a general obligation of the City. This Note shall not be valid or become obligatory for any purpose until the Certificate of Authentication hereon has been signed by the Note Registrar. The principal of and interest on this note shall be paid only to the Registered Owner and to no other person or entity, and this Note may not be assigned or transferred. The City and the Note Registrar may deem and treat the Registered Owner of this Note as its absolute owner for the purpose of receiving payment of principal and interest and for all other purposes, and neither the City nor the Note registrar shall be affected by any notice to the contrary. As used herein, Registered Owner means the person or entity named as Registered Owner of this Note on the first page hereof and on the Note Register. It is certified, recited and declared that all acts, conditions and things required to be done precedent to and in the levying of any assessments and the issuance of this Note have been done properly, have happened and have been performed in regular and due form, as required by law, and that this Note has not been issued in an amount in excess of the cost of improvements in Local Improvement District No. 148. IN WITNESS WHEREOF, the City has caused this Note effective February 1, 2014 to be executed on behalf of the City by its Mayor and City Clerk, and the seal of the City to be impressed hereon, this 21" day of January, 2014. (SEAL) Date of Authentication: CITY OF PASCO, WASHINGTON Mayor City Clerk CERTIFICATE OF AUTHENTICATION This Note is the fully registered City of Pasco, Washington, Local Improvement District No. 148 Installment Note described in the Note Ordinance. Financial Services Manager, Note Registrar LID NO. 148 INSTALLMENT NOTE PAYMENT RECORD Interest Principal Payment Date Payment Interest Principal Balance Received Paid Prepaid Due Beginning principal balance: 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Note Registrar ul Art fA Py t AGENDA REPORT FOR: City Council TO: Gary Crutchfi i Manager FROM: Lynne Jackson,iHuman Resources Manager SUBJECT: 2014 Temporary Employee Wage Plan I. REFERENCE(S): 1. Proposed Ordinance 2. Proposed Wage Plan January 8, 2014 Workshop Mtg.: 01/13/14 Regular Mtg.: 01/21/14 H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 01/13: Discussion 01/21: MOTION: I move to adopt Ordinance No. , revising the Temporary Employee Wage Plan for calendar year 2014 and, further, authorize publication by summary only. III. FISCAL IMPACT: • Approximately $4,000 annually IV. HISTORY AND FACTS BRIEF: A) The state minimum wage is recalculated each year in September as required by voter approved Initiative 688, which was passed in 1998. The law requires that the state minimum wage be adjusted each year according to the change in the US City Average CPI for urban wage earners and clerical workers (CPI -W) during the 12 months ending each August 31. Washington's minimum wage increased to $9.32 per hour as of January 1, 2014 (from $9.19, the 2013 state minimum wage). V. DISCUSSION: A) The proposed 2014 wage scale reflects the entry level step and grade wage rate as the state minimum wage requirement. Entry level rates for all grades were adjusted upward (modestly) to maintain adequate separation between classifications. Maximum step rates increased only slightly within the new scale structure; increases are between $0.13/hour to $0.18/hour. B) Staff recommends Council approval. 8(c) ORDINANCE NO. AN ORDINANCE CONCERNING WAGES FOR TEMPORARY NON- MANAGEMENT, NON - REPRESENTED PERSONNEL WHEREAS, the City Manager has recommended the wage scale for temporary positions be modified to include adjustments due to change in the minimum wage; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The wage scale for those temporary positions specified in the attached Exhibit "A" and not represented by a certified bargaining unit, shall be as set forth in Exhibit "A" attached hereto, which Exhibit is incorporated by reference as if fully set forth herein. The City shall designate the appropriate hourly wage step in Exhibit "A" for each employee covered by this Ordinance, considering their time in the position for which they are employed, their current hourly wage, and the evaluation of their performance. Section 2. The step increases set forth in Exhibit "A" are dependent upon satisfactory work performance. Section 3. The wage scale set forth in Exhibit "A" shall be effective with the pay period beginning on January 1, 2014 and remain in effect until this Ordinance is amended or superseded by subsequent Ordinance. Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting provision of a prior Ordinance. This Ordinance shall take effect five (5) days after passage and publication according to law. PASSED by the City Council of the City of Pasco at a regular meeting this 21St day of January, 2014. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney 0 Part - Time /Irregular/Temporary Employees Wage Scale - 2014 Position Grade Step 01 Step 02 Step 03 Step 04 Step 05 Clerk/Cashier Department Aide I TP 01 9.32 9.46 9.60 9.74 9.89 Department Aide 2 TP 02 9.46 9.60 9.74 9.89 10.04 Lifeguard TP 03 9.60 9.74 9.89 10.04 10.19 Instructor Guard TP 05 9.89 10.04 10.19 10.34 10.50 Head Lifeguard Facility Supervisor 2 Professional Instructor TP 12 10.98 11.14 11.31 11.48 11.65 Facility Supervisor 3 Professional Instructor 2 TP 18 12.00 12.18 12.36 12.55 12.74 Below Grades /Steps are not calculated a11.5% between step /grade. Pool Manager Professional Instructor 3 TP 27 11.00 12.00 13.00 14.00 15.00 Lifetime Fitness Instructor I TP 30 1 15.00 16.00 17.00 18.50 20.00 Must complete term of employment to move to next step (i.e., not quit or have employment terminated except for end of work). AGENDA REPORT FOR: City Council January 7, 2014 E TO: Gary Crutchfie JManager Workshop Mtg.: 1/13/14 Rick White, f Regular Mtg.: 1/21/14 Community & l conomic Development Director// .V,�I FROM: Angela R. Pitman, Block Grant Administrator �(/ SUBJECT: Amendment No. 2 of HOME Consortium Agreement for Kennewick. Pasco and Richland for Program Years 2011 -2013 (AGRMT2013 -006) I. REFERENCE(S): A. Proposed Resolution B. Amendment No. 2 to Cooperative Agreement of the Tri- Cities HOME Consortium H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1/13: 1/21: MOTION: I move to approve Resolution No. , approving Amendment No. 2 to the HOME Cooperative Agreement between the Cities of Pasco, Kennewick and Richland for Program Years 2011 -2013. III. FISCAL IMPACT: Pasco's share of federal HOME funds in 2013 is $145,256, approximately $435,000 will be available over the next three years. IV. HISTORY AND FACTS BRIEF: V A. Pasco entered into a HOME consortium agreement with Richland and Kennewick in 1995, making the city eligible for federal HOME funds. The populations of the individual cities alone do not meet the U.S. Department of Housing and Urban Development (HUD) minimum. By joining together in a consortium, funds are available to the three cities. B. In June 2013, Amendment #1 was approved to incorporate an automatic renewal clause into the HOME consortium agreement. The renewal clause requires the City of Richland as lead representative for the consortium to notify participating jurisdictions of their opportunity to not participate in each subsequent three -year period. C. In June 2013, with aforementioned revisions to the agreement, Richland expressed their willingness to continue as lead representative to the consortium, and the agreement was renewed for the next three -year period (2014- 2016). A. In December 2013, the City of Richland executed the grant agreement to receive 2013 funds on contingent upon all three member cities agreement to reduce the administrative burden and refrain from conducting activities other than down payment assistance. B. Amendment 2 to the Cooperative Agreement revises Section 4 to define annual activities to be performed by the member cities under this agreement as follows: 10% Administration, 15% Community Housing Development Organization (CHDO), and 75% to down payment assistance and/or qualified CHDO project. No funds will be allocated for rehabilitation or new construction projects. C. HUD regulations and interpretations have evolved over the past several years. The HOME Final Rule was revised in 2012, and again in 2013, increasing administrative responsibility at the same time shortening deadlines for compliance and reducing funding. The HOME Consortium is reluctant to use HOME funds to engage in construction rehabilitation and infill activities with the increased risk for non - compliance. 8(d) RESOLUTION NO. A RESOLUTION APPROVING AMENDMENT NO.2 TO THE HOME COOPERATIVE AGREEMENT FOR TRI- CITIES HOME CONSORTIUM OF KENNEWICK, PASCO, AND RICHLAND UNDER THE NATIONAL AFFORDABLE HOUSING ACT WHEREAS, the Cities of Kennewick, Pasco and Richland entered into a cooperative agreement to form a consortium to increase the local supply of decent affordable housing to low income residents as authorized by Public Law 101 -625, the National Affordable Housing Act of 1990 (NAHA); and WHEREAS, the members of the Consortium desire to limit activities performed under the HOME Consortium Cooperative agreement as follows: 10% Administration, 15% Community Housing Development Organization (CHDO), 75% Down Payment Assistance and/or qualified CHDO project; NOW THEREORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the City Council approves Amendment No. 2 to the HOME Consortium Cooperative Agreement with the Cities of Kennewick and Richland and authorizes the City Manager to sign the agreement. BE IT FURTHER RESOLVED that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco this day of January, 2014. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney After recording please return to: City of Richland, Housing and Redevelopment Attn: Michelle Burden P.O. Box 190 MS 19 Richland, WA 99352 AMENDMENT #2 TO COOPERATIVE AGREEMENT THE TRI- CITIES HOME CONSORTIUM FORMED UNDER THE NATIONAL AFFORDABLE HOUSING ACT PROGRAM YEAR 2005 -2007 AS EXTENDED 2011 -2013 This Agreement is entered into between the Cities of Kennewick, Pasco, and Richland, municipal corporations of the State of Washington (Members), for the purpose of amending the Cooperative Agreement of the Tri- Cities HOME Consortium originally formed in 1996 under the HOME Investments Partnership (HOME) Program. This Agreement will become effective upon adoption of the parties and approval by the U.S. Department of Housing and Urban Development (HUD). The following sections are hereby amended as follows: SECTION 4: PROGRAM ADMINISTRATION e. HOME funds will be allocated between the Members according to the percentage each receives under the Community Development Block Grant Program for the preceding Program Year. Members may choose to collaborate in funding projects or activities or may choose to pursue projects independently as current housing needs change and opportunities arise. 1. For Program Year 2013, Consortium Members agree to define the allocation of 2013 Program Year Funds as follows: 10% Administration, 15% Community Housing Development Organization (CHDO), and 75% Downpayment Assistance and /or qualified CHDO Project(s). No funds will be allocated to Housing Rehabilitation/I N FILL projects. 2. Consortium Members shall actively participate as required by the Lead Entity in all processes necessary to amend the 2013 Annual Action Plan filed with HUD to reflect the allocation identified in Section 4 (e)(1) above. Upon execution of this document by the entities involved and approval by HUD, this document shall be recorded with the Benton and Franklin County Auditors for purposes of meeting the recording requirements of RCW 39.34 Interlocal Cooperation Act. The cost of said recording shall be paid from administrative funds of the HOME program. COOPERATIVE AGREEMENT — AMENDMENT #2 SIGNATURE PAGE THE TRI- CITIES HOME CONSORTIUM Marie E. Mosley, City Manager City of Kennewick Gary Crutchfield, City Manager City of Pasco Cynthia D. Johnson, City of Richland Approved as to Form: Manager Heather Kintzley, City Attorney City of Richland Approved as to Form: Lee Kerr, City Attorney City of Pasco Date Date Date Approved as to Form: Lisa Beaton, City Attorney City of Kennewick TO: City FROM: Gary SUBJECT: City Council I. REFERENCE(S): AGENDA REPORT on Boards and Committees January 16, 2014 Regular Mtg.: 1/21/14 1. Resolution 2. Proposed list of Board and Committee Assignments for 2014 -2015 II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 1/21 MOTION: I move to approve Resolution No. confirming Mayoral appointments of Councilmembers to various Boards and Committees. HI. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) City Council representation is required on a number of municipal and regional boards and committees. The practice of the City Council has been to make Council appointments to the various boards and committees on a biennial basis; thus, appointments generally are for a two -year period. Changes to these appointments, if necessary, can be made at any time by action of the Mayor and City Council. B) Council discussed the various appointment alternatives at the prior workshop meeting and generally concluded the proposed appointments to be appropriate for the 2014 -15 period. 8(e) RESOLUTION NO. A RESOLUTION confirming Mayoral appointments of Councilmembers to various Boards and Committees. WHEREAS, various boards and committees, serving both regional and local purposes, require representation by the Pasco City Council; and WHEREAS, PMC 2.06.020 reserves authority to the Mayor for appointment of members to advisory committees subject to confirmation of the City Council; and WHEREAS, Mayor Watkins, after consultation with Councilmembers, has declared appointments to the respective boards and committees reflected in the list attached hereto; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1: The Pasco City Council hereby confirms the appointments to the respective boards and committees reflected in the list attached hereto, until otherwise modified by action of the Mayor and City Council. Passed by the City Council of the City of Pasco this 21 st day of January 2014. Matt Watkins, Mayor ATTEST: Debra Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney rU yJ ow Z i� z N W w � r N U Z W .b O H Lu 0 a ems+ Z Z aQL QU�� m 0 F O d N C Q v b r. ti a N �r i� d �C [❑] V N ❑❑ Q N {{[ WyyJ tltl a w w w 4 1 a cn c� .a .a j. ro o cm Z 'y �a p by �¢ '9 F o c W o W -4 F 4 o P7 aAi U ' o G U o on U c°� co v °c� v U U U y O C tom„ d o O xx N a O v> id 9 H U O U�> R3 � CC) wo id > W � � M c�Uw "3 � w "U r- a a s a o. o. a s a a a. 0 0 0 0 In CD C)• Q C> o ° ° o ° C, ° •a N 'N T T �, � 'U T � c� 'D G � �y� 'O � � � •b cry, Q '� U � � T ,� >. •� cC � T b b �y N � 3 � � 3 F- � � � H 3 �' w � � U � 'c E E E E M E M E M 5 4 F• 6 V a V w 8 V' U U O O U +•+ ,d V) 0 'p 'd A A � b � bOtiq '�j •� [Q y � b q3 ? � gO o W0 ca> p 0.01 k W U o a yyy�jo spy �q y Cd a 41 0 b U P O oldW O O a d b O •% O g v o U wo U U 'o U o i 'b 'a U V W �i � m O� o � o d W Q +. 'C w d W o 0 0 u, U 0 W F O d N C Q v b r. ti TO: City FROM: Gary SUBJECT: Economic l I. REFERENCE(S): 1. Proposed Resolution AGENDA REPORT Fund Loan January 17, 2014 Regular Mtg.: 1/21/14 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1/21: MOTION: I move to approve Resolution No. , authorizing an interfund loan to the Economic Development Fund. III. FISCAL IMPACT: See below IV. HISTORY AND FACTS BRIEF: A) City Council authorized purchase of a 28 -acre site on Sandifur Parkway in conjunction with Columbia Basin LLC. The purchase is scheduled to close before the end of January. B) The Economic Development Fund will own the property but does not have sufficient cash balance to fund the purchase obligation ($1.4 million). The Government Equipment Replacement Fund contains sufficient cash balance to provide a short-term loan to the Economic Development Fund to facilitate the purchase. It is anticipated that the Economic Development Fund repay the short- term loan over a three -year period. C) An interfund loan is required to be memorialized by resolution of the City Council. V. DISCUSSION: A) The proposed resolution authorizes a three -year loan at a 2% interest rate and allows prepayment without penalty (should the Economic Development Fund be able to do so earlier). The interest rate reflects the current marketplace for the Economic Development Fund obligation and is more than the nominal rate of interest being earned by the Government Equipment Replacement Fund; thus, both funds benefit from the transaction. B) Staff recommends Council approval of the interfund and resolution. 8() RESOLUTION NO. A RESOLUTION AUTHORIZING AN INTERFUND LOAN TO THE ECONOMIC DEVELOPMENT FUND. WHEREAS, the City Council of the City of Pasco, pursuant to RCW 35.33.121, finds that it is in the best interest of the City to lend funds from the Government Equipment Replacement Fund to the Economic Development Fund and to provide for the repayment thereof; and, WHEREAS, the Economic Development Fund anticipates sufficient revenues over the period of the loan to make the payments of principle and interest required under the terns of the loan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. Authorization for Loans. The Financial Services Manager of the City of Pasco is hereby authorized and directed to make the following loan from the City of Pasco funds as follows: From the Government Equipment Replacement Fund to the Economic Development Fund in the amount of $1,400,000 to provide funds for the purchase of land. Section 2. Terms. The effective dates and payment terms of the loans shall be as provided below. Disbursement is authorized as of January 21, 2014, the interest rate is set at two percent (2.0 %), payable annually in three equal installments of principle and interest on or before January 21 of each year during the term of the loan, with a final due date of January 21, 2017, without penalty for prepayment of the loan in whole or in part. Section 3. Memorialization. This resolution shall constitute memorialization of the loan and its terms. 2014. PASSED by the City Council of the City of Pasco, Washington, this 21 st day of January SIGNED in authentication of its passage this 21 st day of January 2014. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council TO: Gary Crutchf Manager FROM: Rick White, I Community & Economic Development Director ��- SUBJECT: Funding Proposal for the DPDA Strategic Plan I. REFERENCE(S): January 15, 2014 Workshop Mtg.: 1/13/14 Regular Mtg.: 1/21/14 1. Letter of Request from the Downtown Pasco Development Authority (DPDA) 2. Proposed Funding Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1/13: 1/21: MOTION: I move to approve the Funding Agreement with the DPDA for the strategic planning process, including website and brand development and further, authorize the City Manager to sign the Agreement. III. FISCAL IMPACT: Approximately $35,000 from the Economic Development Fund. IV. HISTORY AND FACTS BRIEF: A. City Council formed the DPDA in December of 2010 to undertake revitalization of the Downtown area, provide management of the Pasco Specialty Kitchen and Farmer's Market and promote utilization of the fagade improvement program funded through Community Development Block Grant funds. B. This past year the DPDA has worked to find a replacement for the Executive Director, developed website and social media connections, assisted with a second fagade improvement project, initiated Downtown clean-up events, brought back the "Fiery Foods Festival" and completed the "Christmas Tree Lighting" event. C. Recognizing the importance of a strategic work plan and an updated internet presence - the DPDA Board published a Request for Proposals, conducted interviews and made a tentative choice on a firm for development of a strategic plan and a functional and contemporary website — dependent on receipt of funding from the Economic Development Fund (funding is available but not budgeted). D. The DPDA presented their request for funding through the City at the January 13, 2014 Council Workshop. V. DISCUSSION: A. This request is essential for the long term success of the DPDA and its revitalization efforts and is expected to result in a multi -year strategic work plan. This proposed plan is seen as a measurable task list that will establish working priorities for the DPDA Board and Executive Director. B. The strategic plan would include identifying the responsibilities and timeline necessary for achieving the outcomes identified in the Scopes of Work as contained in Reference #2. C. The request also includes the services necessary to establish a unique and consistent Downtown Pasco "brand" for the DPDA, the Pasco Farmers Market and the Pasco Specialty Kitchen and an improved and effective website. D. Staff recommends Council approval of funding for creation of a strategic plan, updated website and "branding" services for the DPDA. 10(a.) Aulftioloom PASCO Development Authority To: City Council From: Michael Miller, President DPDA Date: December 26, 2013 RE: Funding Request Dear Council Members 403 W. Lewis St., Suite A P.O. Box 688 Pasco, WA 99301 (509) 546 -1304 www.downtownpasco.com In December of 2010, the City determined that the creation of an independent public development authority to undertake specific activities and projects in Downtown Pasco is the best means to accomplish the City's management and revitalization goals. As a result, the Downtown Pasco Development Authority (DPDA) was formed by the Pasco City Council. With two full years of groundwork under our feet, the DPDA feels that the development of a multi -year strategic task plan is the next step in the revitalization process. The planning process is expected to identify and prioritize fundamental tasks for our manager and board to successfully revitalize Downtown Pasco. We have identified a preliminary scope of work with a company specializing in economic and development activities to help in this effort. We expect the end product to include a prioritized list of measures the DPDA must take for revitalization; development of a Downtown Pasco unique brand and development of a website that incorporates the Pasco Farmers Market, Pasco Specialty Kitchen and Downtown Development Authority into one contemporary and functional website location. The DPDA respectfully asks that City Council favorably consider funding the expected cost of this proposed task plan, recognizing that it is necessary to create a path for the Board of the DPDA to move forward with its fundamental task of making Downtown Pasco stronger. Thank you in advance for your consideration. Michael Miller President, DPDA Ourmission is to strengthen and develop Downtown Pasco as a center for culture, business, and community spirit. DOWNTOWN PASCO DEVELOPMENT AUTHORITY FUNDING AGREEMENT FOR STRATEGIC PLANNING AND WEBSITE SERVICES THIS AGREEMENT is made and entered into this day of January 2014, by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City," and the Downtown Pasco Development Authority, a non - profit Washington Corporation, hereinafter referred to as "DPDA" WHEREAS, the City Council desires to foster revitalization of the downtown business area and created the Downtown Pasco Development Authority (DPDA) in December 2010 under Ordinance No. 3985; and WHEREAS, DPDA has spent calendar years 2011, 2012 and 2013 to organize and develop payment and accounting procedures, hire an executive director, oversee operation of the Pasco Fanners Market and Pasco Commercial Kitchen, become a 501 C 3 organization, reinitiate public events in Downtown Pasco, and accomplish tasks and functions necessary to begin the revitalization process: and WHEREAS, the development of a strategic plan and contemporary and functional website is essential for the long term success of the DPDA and its revitalization efforts; and WHEREAS, the DPDA Board has published Request for Proposals, conducted interviews and made a tentative choice on a firm for development of a strategic plan and a functional and contemporary website dependent on receipt of funding from the Economic Development Fund; NOW THEREFORE, IN CONSIDERATION of the mutual covenants contained herein and other valuable consideration, it is agreed as follows: Section 1: DPDA Responsibilities The DPDA shall enlist consultant services and conduct the planning process in substantial conformance with the Scopes of Work as identified in Exhibits "A ", `B" and "C" including the necessary diligence to assure the ability to trademark resulting products. Section 2: City Responsibilities The City of Pasco will remit to DPDA funds, not to exceed a total of $35,000, as invoiced by the consultants performing the services identified in "Exhibit A" within 30 days of receipt of such invoices. Section 3: Term This agreement shall be effective January 22, 2014 and shall expire on August 1, 2014; provided however, either party may terminate the agreement with at least 30 days written notice delivered to the President of the DPDA or the Pasco City Manager. DPDA Funding Agreement - 1 Section 4: General Provisions For the purpose of this Agreement, time is of the essence. Failure of the DPDA to either provide the accounting or remit disallowed funds as required herein shall constitute a breach of this agreement. The remedies available to the City shall include but not be limited to, return of all funds delivered to the DPDA and denial of the right of the DPDA to apply for any future funding. In the event of a dispute regarding the enforcement, breach, default or interpretation of this Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Arbitration Rules (MAR); venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply; and the prevailing party shall be entitled to its reasonable attorney fees and costs. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this , day of 2014. CITY OF PASCO DOWNTOWN PASCO DEVELOPMENT AUTHORITY Gary Crutchfield, City Manager Michael Miller, President DPDA Funding Agreement - 2 EXHIBIT A Downtown Pasco Development Authority Strategic Plan Proposed Scope of Work E.D. Hovee and Company January 15, 2014 1. Step 1— Information Gathering & Outreach A. Project kick off with DPDA Board and Staff B. Background review I. The Consultant will conduct research to identify key issues and information. This will include an inventory of Downtown business and property conditions and include an interview process with 12 -15 representative downtown stakeholders. H. Demographic and market assessment will be prepared identifying local and regional trade areas with a retail/leakage analysis including potentials for adding office /service businesses. 11I. Review of the Farmer's Market and Specialty Kitchen operations through interviews with managers of each to determine the potential for increased marketing and /or business opportunities. IV. An outline of strategic options will be provided including an evaluation of the advantages and disadvantages of each and the implementation requirements for each option. Deliverable: Draft Background Report submitted for review with the DPDA Board C. DPDA review of the Background Report I. The Consultant will meet with the DPDA Board in a work session and present and discuss the report including questions /clarifications and potential revisions. 11. The Consultant will lead a discussion of the options so a preliminary recommendation of a preferred option is chosen. Deliverable: Meeting materials and a memorandum outlining the DPDA Board's direction for proceeding with the strategic plan. D. Draft Strategic Plan The Consultant will develop the draft strategic plan with agreed revisions from the background report. The draft strategic plan will include the following components: a) Business outreach — including near term priorities and on -going outreach roles. b) Promotion and marketing programs — distinct programs focused on neighborhood and destination customers. c) Property and real estate marketing — focused on existing business and property owners and on prospective development interests. d) Incorporation of the Main Street Program — addressing the four point approach covering organization, design, promotions and economic development. Deliverable: Draft Strategic Plan for DPDA and City review. Each of the above components will include delineation of lead and support responsibilities, estimated timelines and required resources. E. DPDA and City Review a) DPDA and City staff review to include fine tuning as appropriate. b) City staff may conduct review in conjunction with the Pasco City Council. Downtown Pasco Development Authority Strategic Plan Proposed Scope of Work E.D. Hovee and Company January 15, 2014 1. Step 1— Information Gathering & Outreach A. Project kick off with DPDA Board and Staff B. Background review I. The Consultant will conduct research to identify key issues and information. This will include an inventory of Downtown business and property conditions and include an interview process with 12 -15 representative downtown stakeholders. II. Demographic and market assessment will be prepared identifying local and regional trade areas with a retail/leakage analysis including potentials for adding office /service businesses. III. Review of the Farmer's Market and Specialty Kitchen operations through interviews with managers of each to determine the potential for increased marketing and/or business opportunities. IV. An outline of strategic options will be provided including an evaluation of the advantages and disadvantages of each and the implementation requirements for each option. Deliverable: Draft Background Report submitted for review with the DPDA Board C. DPDA review of the Background Report I. The Consultant will meet with the DPDA Board in a work session and present and discuss the report including questions /clarifications and potential revisions. II. The Consultant will lead a discussion of the options so a preliminary recommendation of a preferred option is chosen. Deliverable: Meeting materials and a memorandum outlining the DPDA Board's direction for proceeding with the strategic plan. D. Draft Strategic Plan The Consultant will develop the draft strategic plan with agreed revisions from the background report. The draft strategic plan will include the following components: a) Business outreach — including near term priorities and on -going outreach roles b) Promotion and marketing programs — distinct programs focused on neighborhood and destination customers. c) Property and real estate marketing — focused on existing business and property owners and on prospective development interests. d) Incorporation of the Main Street Program — addressing the four point approach covering organization, design, promotions and economic development. Deliverable: Draft Strategic Plan for DPDA and City review. Each of the above components will include delineation of lead and support responsibilities, estimated timelines and required resources. E. DPDA and City Review a) DPDA and City staff review to include fine tuning as appropriate. b) City staff may conduct review in conjunction with the Pasco City Council. EXHIBIT B SARA NELSON 1_7eAlo" PROJECT AGREEMENT: Downtown Pasco Development Authority Corporate Identity DATE: November 20, 2013 COMPANY: Downtown Pasco Development Authority Website ADDRESS: P.O. Box 688, Pasco, WA 99301 PHONE: 509 - 546 -1304 E -MAIL: director @downtownpasco.org CONTACTS: Michael Goins DECISION MAKER: Michael Goins PROJECT DESCRIPTION: Comprehensive Corporate Identity We will design a comprehensive corporate identity and develop brand standards for the DPDA and it's affiliated businesses. The package will include: - Branding for the DPDA - Branding for the Pasco Farmer's Market - Branding for the Pasco Specialty Kitchen - Written brand standards DPDA We will develop an identity for the DPDA that includes a logo, color palette and fonts. The elements will be designed to communicate stability, approachability and innovation as its primary goals. This identity may also communicate helpfulness, vibrance, strength, culture, safety, smart, fun and hip. The over - arching brand standards will influence the look of the Farmer's Market and Speciality Kitch- en brands, providing a level of consistency between the three brands. We will prepare five or more logo options for consideration and revise the selected logo as needed. We will design letterhead, envelope and business cards based on the selected logo design. When finished, we will prepare a CD containing variations in color, white and black. The files will be saved in both jpg and .eps formats. Pasco Farmer's Market The identity for the Farmer's Market will be designed to appeal to consumers who care about the quality of their food and value locally - produced raw and processed foods. The design will also communicate that this market is "the fun one" P.O. Box 2010, Pasco, WA 99302 1 27 North Auburn Street Kennewick, WA 99336 1 509.545.4584 1 www.saranelsondesign.com t SARA NELFN We will prepare five or more logo options for consideration and revise the selected logo as needed. When finished, we will prepare a CD containing variations in color, white and black. The files will be saved in both ,jpg and .eps formats, Pasco Specialty Kitchen With the change in mission of the Specialty Kitchen from "space to cook" to °food- business incubator', the identity will be designed to appeal to a visionary entrepreneur. The design will communicate first that it is a kitchen and, second, the values of cleanliness, seriousness, maturity and culinary finesse. We will prepare five or more logo options for consideration and revise the selected logo as needed. We will design business cards and signage based on the selected logo design. When finished, we will prepare a CD containing variations in color, white and black. The files will be saved in both .jpg and .eps formats. Brand Standards We will prepare a Brand Standards document that outlines the appropriate uses of each logo and provides color palette and font data The document will be easy to understand and use. It will be delivered in .pdf form accompanying the logo files on a CD. ESTIMATED COST: Design and Editing Fees: $5375' Cost of services is estimated. Fees will be billed based on normal hourly rates, Project estimates are valid for 90 days from the date of estimate, Project may be reestimated if, upon receipt of all project elements, the designer determines the scope of the project to have been altered dramatically from the originally agreed -upon concept PAYMENT SCHEDULE: A deposit in the amount of $1790 is due before work begins; balance is due upon completion. OWMERSHIP: Upon receipt of payment in full, the final logo designs may be copyright - protected and trademarked by Downtown Pasco Development Authority. Sara Nelson Design does not guarantee your ability to trademark your name or mark. Please consult an attorney for legal advice. P.O. Box 2010, Pasco, WA 99302 1 27 North Auburn Street, Kennewick, WA 99836 1 509.545.4584 1 www.saranelsondesign.com EXHIBIT C F401 SARA NELSON PROJECT AGREEMENT: Downtown Pasco Development Authority Website DATE: November 20, 2013 COMPANY: Downtown Pasco Development Authority Website ADDRESS: P.O. Box 688, Pasco, WA 99301 PHONE: 509 - 546 -1304 E -MAIL: director @downtownpasco.org CONTACTS: Michael Goins DECISION MAKER: Michael Goins PROJECT DESCRIPTION: Website We propose to design a clean, professional, responsive (mobile - friendly) website for the DPDA. The site will serve as both a community resource and to promote online social interaction. We will incorpo- rate the new DPDA identity into the design. We will design the site on a Sara Nelson Design development domain and transfer it to the final desti- nation upon project approval and completion. The structure of the site will be as follows: WELCOME - New DPDA logo in the header - Page navigation - Paragraph about the DPDA with link to 'Who We Are" page - Upcoming events - Attractive photos - Featured property for sale with link to more information - Button linked to Farmer's Market page - Button linked to Specialty Kitchen page - Link to Michael's blog (Tumblr blog site ?) - Twitter feed - Weather widget WHO WE ARE - Information about the DPDA - Mission and Vision statements - History of Downtown Pasco P.O. Box 2010, Pasco, WA 99802 1 27 North Auburn Street, Kennewick, WA 99336 1 509.545.4584 1 www.saranelsondesign.com 101 SARA NELS� N LEADERSHIP - Information on board meetings - List of DPDA Board Members and Staff SUPPORTERS - List of sponsors and business partners ANNUAL REPORTS - Annual reports for DPDA, Farmers Market and Specialty Kitchen (as downloadable .pdfs) PROJECTS & FUTURE PLANNING - Current downtown improvement project information EXPLORE DOWNTOWN - Map of downtown Pasco (a downloadable .pdf) - Business directory? ?? - Link to live downtown web camera REAL ESTATE - Link to a list of available properties downtown FARMERS MARKET - Information on the Pasco Farmers Market with schedule and hours - List of vendors and sponsors - Events - Downloadable documents (vendor application, etc) - Contact information and Google map SPECIALTY KITCHEN - Information about the Pasco Specialty Kitchen with hours of operation - List of clients and their products - Rules and regulations - Commercial Foods Academy information - Business plans and resources - Link to DPDA Schedulicity Account to reserve time in the kitchen - Contact information and Google map WHAT'S HAPPENING - List of news and events blog posts - Ability to upload video and photos, and for users to subscribe to blog PHOTO GALLERY - 20 photos of events in downtown Pasco P.O. Box 2010, Pasco, WA 99302 1 27 North Auburn Street, Kennewick, WA 99336 1 509.545.4584 1 www.saranelsondesign.com t: i •u 111111fflurs� SARA NELSON GET INVOLVED - Information how to help the downtown with link to "Volunteer" page VOLUNTEER - Promotions Team - Business Development Team - Design Team - Online signup form to join a Volunteer Committee CONTRIBUTE - Information on how to donate to the DPDA with Donate button CONTACT US - Contact information - Online contact/feedback form - Google map to downtown KIDS CORNER - Online kid - friendly games - List of downtown Pasco annual family - friendly activities and events INCLUDED ON ALL PAGES: - Basic contact information - Social media links - Link to live downtown web camera - Email signup form - Google translate feature for language translation CONSIDERATIONS: - Client will provide all content, Sara Nelson Design will edit for voice and grammar. - Client will provide all available photos. We estimate licensing 6 stock photos. PROJECT INCLUDES: - Half hour of training to update the website content and upload photos to the gallery - Two rounds of changes ESTIMATED ONE-TIME COST: Design and Editing Fees: $4500' Wordpress theme $50' Five stock photos: $300' P.O. Box 2010, Pasco, WA 99302 1 27 North Auburn Street, Kennewick, WA 99336 1 509.545.4584 1 www.saranelsondesign.com AGENDA REPORT NO. 17 FOR: City Council January 15, 2014 TO: Gary Crutchfiel , i anager FROM: Ahmad Qayou i, Public Works Director _ Regular Mtg.: 1/21/2014 SUBJECT: Oregon Avenue Corridor PSA Amendment No. 1 I. REFERENCE(S): 1. Amendment No. 1 to Professional Services Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1/21: MOTION: I move to approve Amendment No. 1 to Professional Services Agreement with CH2MHill, continuing professional services with respect to the Oregon Avenue Corridor, in the amount of $25,829 and further, authorize the Mayor to sign the agreement. HI. FISCAL IMPACT: LID, Local and STP Funds IV. HISTORY AND FACTS BRIEF: A) The City of Pasco is planning to widen the existing four -lane roadway to provide a five -lane section that offers a center two way left turn lane to accommodate turning movements. The City anticipates that vacant properties along the corridor will be developed to host additional industrial businesses in the foreseeable future and seeks to design the corridor improvements in a manner that safely and efficiently facilitates track and employee movements. The purpose of this effort is to develop a 20 -year plan for corridor study area. This plan will serve as a basis for identifying existing and future turn lane needs (length of storage, etc.), anticipated future traffic signal locations, and access management standards for the corridor. B) On November 19, 2012 City Council awarded a professional services agreement to CH2MHill in the amount of $350,000 to complete design of the Oregon Ave Corridor in accordance to agreed scope and fees. C) The project design work has started and to date, part of the NEPA process and 60% of design work is complete. D) The City has allocated $427,000 in ST? (federal) funds that will be used for design and project management. E) FHWA and WSDOT have advised that additional technical analysis are required to meet federal funding requirements. V. DISCUSSION: A) During the design process and preparation of the environmental documents for FHWA and WSDOT approval, standards changed and FHWA now requires all federally funded projects to complete a noise study. CH2MHill has completed a scope and fee for the noise study and is requesting to amend their contract in the amount of $14, 229.59 to complete the task. B) A goal of the roadway design is to infiltrate all existing storm water runoff and added runoff created from the projected pavement widening. The consultant completed a geotechnical investigation and report. The report indicates very low infiltration rates, especially for areas south of "A" Street. The low rates would require high costs and infrastructure to accommodate flows. Therefore, it needs to be reevaluated. Staff believes that we will have better infiltration rates at depths greater than 8 feet. To verify the higher infiltration rates and to meet WSDOT approval, a supplemental geotechnical investigation needs to be completed. The consultant has submitted a scope and fee in the amount of $11,529.17 to complete the task. C) Staff has reviewed the scope and fees and recommends approval of the amendment. 10(b) ==ROM _ W //n Supplemental Agreement Organization and Address CH2M HILL, INC. Number 1 295 Bradley Boulevard, Suite 300 Richland, WA 99532 Original Agreement Number STPUS- 0397(008) Phone: 509,375.3444 Project Number Execution Date Completion Date STPUS -0397 008 11/26/2012 12/31/2014 Project Title New Maximum Amount Payable Oregon Avenue (SR 397) Corridor Traffic Study and $ 375,829.00 Description of Work Provide professional services to develop traffic noise study and report in support of the required NEPA documentation for the project. The Local Agency of City of Pasco, WA desires to supplement the agreement entered into with CH2M HILL, INC. and executed on 11/26/2012 and identified as Agreement No. STPUS- 0397(008) All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: Sea Exhihit A -t. Scope of Work attached II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: N/A - This is a Bern time change. sutpnlernerit III Section V, PAYMENT, shall be amended as follows: The total Maximum Amount P,)zable under the agreement iq increased by ,%95 979 to 1075 999 as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. '•' u.I u. L"61 MENERNMER Consultant Signature DOT Form 140 -063 EF Revised 9/2005 Approving Authority Signature Date CITY OF PASCO, WASHINGTON OREGON AVENUE (SR -397) CORRIDOR TRAFFIC STUDY & DESIGN Supplement #1 — Noise Study and Analysis and Supplemental Geotechnical Investigations EXHIBIT A -1: SCOPE OF WORK INTRODUCTION This Supplemental Agreement No. 1 scope of work modifies the scope of CH2M HILL's (CONSULTANT) professional engineering services and compensation for Environmental Documentation and Permitting efforts, authorized under Task 5 or the original agreement (dated 11/26/2012) to include additional services associated with developing a traffic Noise Study Report in accordance with 23 C.F.R. § 772 and the WSDOT Noise Manual. The scope of work also includes additional geotechnical field investigations, laboratory, and analysis to further investigate feasibility for stormwater infiltration on Oregon Avenue, between 'A' Street and Ainsworth Avenue. The noise study and report will be accomplished in the winter of 2013/2014 to support a NEPA decision anticipated In spring /summer of 2014. The CONSULTANT will provide the following services: TASK 5: ENVIRONMENTAL DOCUMENTATION AND PERMITTING 5.1.5 Traffic Noise Study and Report (New Subtask) The CONSULTANT will perform a traffic noise study and prepare a Traffic Noise Study Report to detail the findings of the traffic noise analysis. The required documentation contained in the Traffic Noise Study Report is found in 23 C.F.R. § 772 and the WSDOT Noise Manual. The WSDOT Noise Manual is the prime document to be followed in development of the traffic noise study and report. A site visit of the project study area will be conducted to identify land uses and locate noise sensitive locations within project area. Physical features that affect noise propagation and features that may be altered during construction will be noted. Noise measurements will be conducted at up to four locations to validate the traffic noise model. The measurements will be conducted for a single 15- minute sampling period at each location during free -flow traffic conditions. At each measurement site, traffic counts will be collected concurrently with the noise measurements. A Type I sound level meter will be used. Noise sources will Supplement #1, Exhibit A -1: Scope of Work Revised. 111412014 Page 1 of 4 CiH2MHtLL be noted. Traffic volumes counted during the noise measurement survey will be modeled using FHWA Traffic Noise Model (TNM) Version 2.5 and the resulting sound levels will be compared with the measured sound levels to validate the model. TNM 2.5 will be used to model three noise levels: existing, future no- build, and future build for a single alternative. Up to 20 noise - sensitive receptors will be identified. The receptors will exhibit land use characteristics similar to their surrounding area. Receptors will be located close to the proposed improvements. Design year (2030) noise levels will be compared to noise- abatement criteria to determine if the design year noise levels approach or exceed criteria thresholds. Design year noise levels will also be compared to existing noise levels to determine if the projected noise levels are "substantially higher" per WSDOT's criteria and therefore an impact. At locations predicted to experience impacts, potential noise - abatement measures will be discussed qualitatively. A quantitative noise barrier analysis will not be performed. If a quantitative barrier analysis is determined to be necessary, it would only be conducted after approval of an amendment to the scope of services and budget. Subtask 5.1.5 Assumptions: • No meetings are planned or included. • The CITY will obtain right of entry agreements prior to performing any work outside of the street right -of -way and provide permits required to performing work within the street right -of -way. Subtask 5 Deliverables: + Draft and final Traffic Noise Study Report; final will be attached to the ECS TASK 7. SUPPLEMENTAL GEOTECHNICAL EXPLORATION The CONSULTANT will conduct field explorations and geotechnical analyses to supplement engineering design of three potential stormwater infiltration basins between 'A' Street and Ainsworth Street. 7.1. Field Explorations and Laboratory Testing The work includes drilling and logging of test pits and /or borings, and laboratory testing to characterize and verify subsurface conditions for design of stormwater infiltration facilities. The CONSULTANT will work with the CITY who in turn will have CITY forces, field delineate proposed boring and test pit locations. The CONSULTANT will make calls to One -Call for locating utilities. • All drilling and test pit excavation will occur within 1 working day, at locations that coincide with borings B13, B14, and B15 from the original 2013 field exploration (all south of'A' Street) Supplement #1, Exhibit A -1: Scope of Work Revised: 111412014 Page 2 of 4 C*42MHILL • Boring depths are anticipated to be between 15 and 25 ft. • Field testing will include SPT and infiltration tests within the boreholes. Equipment and labor to locate the test borings, drill the borings, and restore the site upon completion will be provided. It is assumed that no groundwater monitoring standpipes will be installed. • CONSULTANT will be responsible for utility checks and vehicular traffic control during drilling operations. A traffic plan and flaggers are not included as work is being conducted off the existing roadway. • A backhoe and operator will be provided by the CITY, to excavate and backfill test pits for a period of up to 4 hours at selected locations, to determine soil types and to perform percolation tests at the locations of the proposed stormwater infiltration facilities. Test pits will be excavated, percolation measurements collected, and pit backfilled within the work period. • For planning purposes, it is assumed that CONSULTANT will perform percolation tests at nine locations, either In bore holes or test pits. CITY will provide water for the field percolation tests. A geotechnical engineer or engineering geologist will be provided during test borings and pit excavations to: • Visually classify soils and rock according to ASTM methods • Record drilling and test pit observations, including blow counts during SPTs on logs • Collect soil samples for laboratory analysis and classification The boring and test pit logs will include observations made by drilling crews during drilling. Depths at which groundwater is encountered also will be recorded. Test borings will be restored to grade to match the existing conditions. Laboratory tests will be conducted on selected soil samples to determine gradation and moisture content of site soils, and confirm engineering classification. For this scope of work, it is assumed that the laboratory testing program will consist of up to eight moisture contents, eight sieves, and two hydrometer tests. 7.2. Geotechnical Report Addendum CONSULTANT will prepare an Addendum to the Geotechnical Report, summarizing the field exploration, laboratory testing, and supplemental geotechnical recommendations for design of the infiltration facilities south of 'A' Street. The report will present: • A summary of field exploration methods, results, and interpretations, including boring and test pit logs, descriptions of soil conditions, and water levels encountered during drilling. • A summary of laboratory testing methods, data, and tabulated results. • Geotechnical design recommendations for stormwater infiltration facilities. Supplement #1, Exhibit A -1: Scope of Work eJ� Revised: 111412014 Page 3 of 4 CH2MHILL Quality Assurance /Quality Control (QA/QC) reviews for the geotechnical engineering aspects of the project will be performed. Task 7.2 Assumptions: + The CITY will obtain right of entry agreements prior to performing any work outside of the street right -of -way and provide permits required to performing work within the street right -of -way. + The CITY will field delineate proposed exploration locations for utility locating purposes. + The CITY will furnish a backhoe and operator for up to four hours. CITY will furnish a water truck and operator for up to eight hours. + In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and /or execution. These conditions and costlexecution effects are not the responsibility of CONSULTANT. Task 7.2 Deliverables: + Draft Addendum, which will be finalized and incorporated into the Geotechnical Report Supplement #1, Exhibit A -1: Scope of Work Revised: 111412014 Page 4 of 4 vi CH2MHILL City of Pasco, Washington Exhibit E -1 Oregon Avenue (SR -397) Corridor Traffic Study & Design CH2M HILL Labor Hours (See Attached Labor Summary) 206 $7,466.32 Direct Salary Cost $7,466.32 Direct Salary Escalation Cost (estimated) 2013 to 2014 0% $0.00 Total Direct Salary Cost $7,466.32 Overhead Cost 114.1804, of Total Direct Salary Cost $8,523.55 Fixed Fee @ 30,0% of Total Direct Salary Cost $2,238,88 Total Overhead & Fixed Fee Cost $10,783,45 Total Labor Cost $18,229.77 Direct Expenses No. Each Cost Reports 0 $0.05 $0.00 Misc. copies 0 $0.05 $0.00 Reprographics 0 $40 $0.00 Mali /Deliveries /etc. 0 $15 $0,00 Mileage 660 MI. C $0.560 /Mlle $369.60 Auto Rental /Gasoline 4 days @ $85 /day $340.00 Lodging 4 days C $110 /day $440.00 Aerial Photographs 0 $3,000 $0.00 Travel Total (alrfare, train, etc) 2 $500 $1,000.00 Equipment Rentals, EDM, GPS 1 $50 $50.00 Parkin 0 $30 M00 Per Diem 4 days $75 /day $300.00 Drilling 1 $4,500.00 $4,500.00 Excavating/Test Pit 0 $2,000.00 $0.00 Materials Lab 1 $600.00 $600.00 Total Expenses $7,600 Subcontracts Bernardo I Wills Architects $0.00 Total Subcontracts $0.00 Total Lump Sum Price (Labor, Expenses, Subcontracts) $25,829 Page 1 of 4 LABOR SUMMARY BY TASK Task CH2M HILL Hours CH2M HILL Labor Subcontracts Expense Total Overall Total TASK 1 - PROJECT MANAGEMENT AND COORDINATION 0 $0 $0 $0 TASK 2 - CORRIDOR TRAFFIC STUDY AND PRELIMINARY DESIGN 0 $0 $0 $0 $0 TASK 3 - FINAL ROADWAY DESIGN 0 $0 $0 $0 $0 $0 TASK 4 - OREGON AVE. & AINSWORTH ST. INTERSECTION ENTRYWP 0 $0 $0 $0 TASK 5- ENVIRONMENTAL DOCUMENTATION AND PERMITTING 156 $12,610 $0 $1,690 $0 $14,300 TASK 6 - RIGHT -OF -WAY PLANS 0 $0 $0 $0 $0 TASK 7 - SUPPLEMENTAL GEOTECHNICAL EXPLORATION 50 $5,620 $0 $5,910 $11,530 Total 206 $18,230 $0 $7,600 $25,829 Subs /Expenses Breakdown Bernardo I Wills Architects $ - CH2M HILL Expanses $ 7,600 Total $ 7,600 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 City of Pasco, Washington TASK 5 - ENVIRONMENTAL DOCUMENTATION AND PERMITTING M HILL Project Manager 4 $ 53..77 $215.08 Sr. Quality Control 0 $ 77.42 $0.00 Sr. Traffic Engineer 0 $ 38.85 $0.00 Traffic Engineer 0 $ 29.64 $0.00 Sr. Civil/Trans Engineer 0 $ 51.40 $0.00 Transportation Engineer 4 $ 37.00 $148.00 Utilities /Stormwater Engineer 0 $ 37.07 $0.00 Lead Geotech Engineer 0 $ 48.36 $0.00 Sr. Geotech Reviewer 0 $ 57.08 $0.00 Jr. Geotech Engineer 0 $ 49.53 $0.00 Project Archaeologist 0 $ 27.37 $0.00 Senior Environmental Reviewer 0 $ 44.51 $0,00 Senior Environmental Scientist 20 $ 41.59 $831.80 Environmental Scientist 96 $ 28.01. $2,688.96 NEPA Planner 8 $ 59.87 $478.96 Right -of Way Land Surveyor 0 $ 44.35 $0.00 Survey Technician 0 $ 23.58 $0.00 Technical Editor 0 $ 23.32 $0.00 CADD Designer 0 $ 26.16 $0.00 Project Acct/Procurement 4 $ 27.68 $110.72 Administrative Assistant 4 $ 25.90 $103.60 Senior GIS Analyst 16 $ 36.71 $587.36 Total Hrs. 156 $5,164.48 Direct Salary Cost $5,164.48 Direct Salary Escalation Cost (estimated) 2013 to 2014 0% $0.00 Total Direct Salary Cost $5,164.48 Overhead Cost @ 114.16% of Direct Labor $5,895.77 Fixed Fee @ 30.0% of Direct Labor $1,649.34 Total Overhead & Fixed Fee Cost $7,445.11 Total Direct Salary Cost $12,609.59 Direct Expenses Reproduction Cost No. Each Cost Reports 0 $0.05 $0.00 Misc. copies 0 $0.05 $0.00 Reprographics 0 $40 $0.00 Mail /Deliveries /etc. 0 $15 $0.00 Mileage 0 Mi. @ $0.560 /Mile $0.00 Auto Rental /Gasoline 2 days @ $85 /day $170.00 Lodging 2 days @ $110 /day $220.00 Aerial Photographs 0 $0 $0.00 Travel Total (airfare, train, etc) 2 $500 $1,000.00 Equipment Rentals, EDM, GPS 0 $0 $0.00 Parking 0 $0 $0.00 Per Diem 4 days @ $75 /day $300.00 $1,690.00 Subcontracts Bernardo I Wills Architects 0 $0 $0.00 Subtotal $0.00 $1,690.00 Total $14,299.59 ✓ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 City of Pasco, Washington TASK 7 - SUPPLEMENTAL GEOTECMNICAL EXPLORATION Project Manager 2 $ 53.77 $107.54 Sr. quality Control 0 $ 77.42 $0.00 Sr. Traffic Engineer 0 $ 38.85 $0.00 Traffic Engineer 0 $ 29.64 $0.00 Sr. Civil Trans Engineer 0 $ 51,40 $0.00 Transportation Engineer 0 $ 37.00 $0.00 Utilities /Stormwater Engineer 2 $ 37.07 $74.14 Lead Geotech Engineer 30 $ 48.35, $1,450.80 Sr. Geotech Reviewer 2 $ 57.08 $114.16 Jr. Geotech Engineer 8 $ 49.53 $396.24 Project Archaeologist 0 $ 27.37 $0.00 Senior Environmental Reviewer 0 $ 44.51 $0.00 Senior Environmental Scientist 0 $ 41.59 $0.00 Environmental Scientist 0 $ 28.01 $0.00 NEPA Planner 0 $ -59.87 $0.00 Right-of Way Land Surveyor 0 $ 44.35 $0.00 Survey Technician 0 $ 23.58 $0.00 Technical Editor 0 $ 23.32 $0.00 CADD Designer 0 $ 26.16 $0.00 Project Acct/Procurement 2 $- 27.68 $55.36 Administrative Assistant 4 $ 25..90 $103.60 Senior GIS Analyst 0 $ 36,71 $0.00 Total Hrs. 50 $2,301.84 Direct Salary Cost $2,301.84 Direct Salary Escalation Cost (estimated) 2013 to 2014 0% $0.00 Total Direct Salary Cost $2,301.84 Overhead Cost @ 114.18 % - of Direct Labor $2,627.78 Fixed Fee @ 30.0% of Direct Labor $690.55 Total Overhead & Fixed Fee Cost $3,318.33 Total Direct Salary Cost $5,620.17 Direct Expenses Reproduction Cost No. Each Cost Reports 0 $0.05 $0.00 Misc. copies 0 $0.05 $0.00 Reprographics 0 $40 $0.00 Mail /Deliveries /etc, 0 $15 $0.00 Mileage 660 Mi. @ $0.560 /Mile $369.60 Auto Rental /Gasoline 2 days @ $85 /day $170.00 Lodging 2 days @ $110 /day $220.00 Aerial Photographs 0 0 $0 $0.00 Travel Total (airfare, train, etc) 0 $350 $0.00 Equipment Rentals, EDM, GPS 1 $50 $50.00 Parking 0 $30 $0.00 PerDiem 0 days @ $75 /day $0.00 Drilling 1 $4,500.00 $4,500.00 Excavating/Test Pit - 0 $2,000.00 $0.00 Materials Lab 1 $600.00 $600.00 $5,909.60 Subcontracts Bernardo I Wills Architects 0 $0 $0.00 Subtotal 561909.60 Total $11,529,77