HomeMy WebLinkAbout2015.01.20 Council Meeting PacketAGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. January 20, 2015
Please note that our Council meeting will take place on Tuesday, January 20
as City Hall will be closed Monday, January 19 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
Councihnembers or the public, the item may be removed from the Consent Agenda to the Regular
Agenda and considered separately.
(a) Approval of Minutes:
1. Minutes of the Pasco City Council Meeting dated January 5, 2015.
(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 $2,525,209.99.
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 $304,205.22 and, of that amount,
authorize $204,467.95 be turned over for collection.
(c) Waiver of Sewer Utility Service Requirement (MF #USW2014-004):
1. Agenda Report from Rick White, Community & Economic Development Director
dated January 6, 2015.
2. Sewer Waiver — Vicinity Map.
3. Sewer Waiver — Overview Map.
4. Sewer Waiver — Proposed Utility Service Waiver Agreement.
To conditionally approve the sewer utility service waiver at 1209 Road 62 and, further,
authorize the City Manager to execute the waiver agreement.
(d) Road 80 Annexation Committee:
1. Agenda Report from Rick White, Community & Economic Development Director
dated January 7, 2015.
2. Road 80 Annexation — Boundary Map.
3. Road 80 Annexation — Vicinity Map.
To authorize staff to initiate formation of an ad-hoc citizen committee to analyze the impact
of annexation on properties in the Road 80 area.
(e) Certified Local Government Agreement (MF #PLAN2014-001):
1. Agenda Report from Jeffrey Adams, Associate Planner dated January 7, 2015.
2. Certified Local Government — 2015 Agreement.
To approve the Certified Local Government Agreement with the Washington State
Department of Archaeology and Historic Preservation (DAHP) and, further, authorize the
Mayor to execute the agreement.
(f) Argent Road Widening Professional Services Agreement — Amendment No. 1:
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated January 7, 2015.
2. Argent Road Widening — Amendment No. 1 Summary Sheet.
3. Argent Road Widening — Area Vicinity Map.
4. Argent Road Widening — Argent Road/Road 36 Intersection Map.
To approve Amendment No. 1 to the Professional Services Agreement with MacKay
Sposito, continuing professional services with respect to the Argent Road Widening
Project, in the amount of $13,905.29 and changing the completion date to May 31, 2015
and, further, authorize the City Manager to execute the agreement.
Regular Meeting 2 January 20, 2015
(g) GESA Stadium Upgrades:
1. Agenda Report from Rick Terway, Administrative & Community Services Director
dated January 7, 2015.
2. GESA Stadium Upgrades — Amendment No. 2.
3. GESA Stadium Upgrades — Section 6.3.
To approve Amendment No. 2 with the Tri -City Dust Devils and, finther, authorize the
City Manager to execute the agreement.
(h) I Solan Utility Easement (MF #ESMT2015-001):
1. Agenda Report from Dave McDonald, City Planner dated January 14, 2015.
2. Solano Utility Easement — Overview Map.
3. Solano Utility Easement — Vicinity Map.
4. Solano Utility Easement — Easement.
To accept the permanent utility easement from Solano Enterprises.
(i) Resolution No. 3613, a Resolution approving the 2014 Subrecipient Agreements for
HOME Programs and Authorizing the City Manager to execute HOME Consortium
Subrecipient Agreements for Program Years 2014.
1. Agenda Report from Angela Pitman, Block Grant Administrator dated January 5, 2015.
2. HOME Consortium Subrecipient Agreements — Proposed Resolution.
3. HOME Consortium Subrecipient Agreements — Subrecipient Agreements for Down
Payment Assistance and Administration.
To approve Resolution No. 3613, authorizing the City Manager to execute the 2014
Administrative and Down Payment Assistance Subrecipient Agreements with the Tri -Cities
HOME Consortium Lead Agency.
(j) Resolution No. 3614, a Resolution waiving competitive bidding requirements for the
purchase of new Variable Frequency Drives (VFDs) and Allen-Bradley Programmable
Logic Controller (PLCs) and authorizing the purchase and installation of said equipment by
H&N Electric.
1. Agenda Report from Kent McCue, Interim Engineering Manager dated January 8,
2015.
2. Determination of Sole Source Provider, 9s' & Washington VFD Equipment — Proposed
Resolution.
3. Determination of Sole Source Provider, 9th & Washington VFD Equipment — Price
Quote.
4. Determination of Sole Source Provider, 9'" & Washington VFD Equipment — Memos.
To approve Resolution No. 3614, waiving competitive bidding requirements and approving
the purchase of Variable Frequency Drive (VFD) units and the Programmable Logic
Controller (PLC) and, further, approving installation of the equipment.
(RC) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a)
(b)
(e)
5. VISITORS - OTHER THAN AGENDA ITEMS:
(a)
(b)
(e)
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers
(b)
(c)
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
(None)
Regular Meeting 3 January 20, 2015
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
(None)
9. UNFINISHED BUSINESS:
(None)
10. NEW BUSINESS:
(a) Canter Club Estates Latecomers Agreement:
1. Agenda Report from Kent McCue, Interim Engineering Manager dated January 8,
2015.
2. Canter Club Estates — Proposed Agreement.
3. Canter Club Estates — Memorandum from Mike Pawlak, PE, City Engineer,
MOTION: I move to approve the Latecomers Agreement water system extension
agreement with J&J Kelly Construction, Inc., and, further, authorize the City Manager to
sign the agreement.
(b) 1 Collective Bargaining Agreement with IAFF, Local 1433:
1. Agenda Report from Colleen Chapin, Human Resources Manager dated January 15,
2015.
2. Collective Bargaining Agreement with IAFF, Local 1433 — Proposed Collective
Bargaining Agreement.
MOTION: I move to approve the Collective Bargaining Agreement with the IAFF, Local
1433, for years 2014-2015 and, further, authorize the Mayor to execute the agreement.
11. MISCELLANEOUS DISCUSSION:
(a)
(b)
(e)
12. EXECUTIVE SESSION:
(a)
(b)
(c)
rRoll Call Vote Required
Item not previously discussed
Quasi -Judicial Matter
MF# "Master File #...: .
1. 6:00 p.m., Tuesday, January 20, City Hall Conference Room #1 — LEOFF Disability Board Meeting.
(MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK)
2. 5:00 p.m., Tuesday, January 20, TRAC — TRAC Advisory Board Meeting. (MAYOR MATT
WATKINS and COUNCILMEMBER AL YENNEY)
3. 4:00 p.m., Thursday, January 22, 7130 W. Grandridge Blvd — TRIDEC Board Meeting.
(COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.)
4. 7:30 a.m., Friday, January 23, Richland City Hall, Council Chambers — Hanford Communities
Governing Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep., AL YENNEY, Alt.)
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JANUARY 5, 2015
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffinann, Tom
Larsen, Saul Martinez and Matt Watkins. Excused: Al Yenney.
Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager; Leland
Kerr, City Attorney; Richard Terway, Administrative & Community Services Director;
Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public
Works Director and Bob Metzger, Police Chief.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
Approval of Minutes:
Minutes of the Pasco City Council Meeting dated December 15, 2014.
Bills and Communications:
To approve claims in the amount of $3,769,950.47. ($1,588,030.07 in Check Nos.
201669-201970; $566,327.33 in Electronic Transfer Nos. 803696-803759, 803762-
803766, 803773-803801, 803803-803830, 803833-803948; $91,932.17 in Check Nos.
47620-47669; 900000091-900000092, 900000094; $1,342,895.83 in Electronic Transfer
Nos. 30076406-30077348; $2,000.00 in Electronic Transfer Nos. 107-108; $178,765.07
in Electronic Transfer Nos. 102-107).
Northwest Commons, Phase 9 Final Plat (MF #FP2014-007):
To approve the final plat for Northwest Commons, Phase 9.
Resolution No. 3610, a Resolution fixing the time and date for a public hearing to
consider vacating a portion of Colorado Avenue within the Frey's Addition.
To approve Resolution No. 3610, setting 7:00 pm, Monday, February 2, 2015 as the time
and date to conduct a public hearing to consider vacating a portion of Colorado Avenue.
Resolution No. 3611, a Resolution fixing the time and date for a public hearing to
consider vacating a portion of Road 60.
To approve Resolution No. 3611, setting 7:00 pm, Monday, February 2, 2015 as the time
and date to conduct a public hearing to consider vacating the east 15 feet of Road 60,
south of Sylvester Street.
Resolution No. 3612, a Resolution fixing the time and date for a public hearing to
consider vacating the utility easement in Lots 6 & 7, Columbia East #2.
To approve Resolution No. 3612, setting 7:00 pm, Monday, February 2, 2015 as the time
and date to conduct a public hearing to consider vacating the utility easement through Lot
6 & 7, Columbia East #2.
MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison
seconded. Motion carried by unanimous Roll Call vote.
3(a).1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JANUARY 5, 2015
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Mr. Garrison attended the TRIDEC Board of Directors meeting and the Visit Tri -Cities
Board meeting.
NEW BUSINESS:
City Council Districts:
Mr. Richard Reuther, 4302 Desert St., noted he appreciates staff's attention to the
redistricting process.
Council and staff discussed the details of the redistricting process and directed staff to
schedule public hearings on the matter, with final action to be taken at the March 2
meeting.
MISCELLANEOUS DISCUSSION:
Mr. Zabell welcomed Councilmembers back for 2015 and noted the Downtown Pasco
Development Authority has received the Washington State Main Street Program
Certification.
EXECUTIVE SESSION:
Council adjourned to Executive Session at 7:30 p.m. for approximately 45 minutes to
establish sales price or lease amount of real estate and discuss litigation or potential
litigation with the City Manager, Deputy City Manager and the City Attorney.
Mayor Watkins called the meeting back to order at 8:16 p.m.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:16 p.m.
APPROVED:
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
PASSED and APPROVED this 20th day of January, 2015.
2
CITY OF PASCO
Council Meeting of: January 20, 2015
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby cerfify under penalty of perjury that the materials have been fumished, the
services rendered or the labor performed as described herein and that the claim is a just, due and unpaid
ligation against the city and that we are authorized to authenticate and certify to said claim.
C
Dave Zabell, City Manager Rick Tenvay, A&CS Director
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify, on this
20 day of January, 2015 that the merchandise or services hereinafter specified have been received and are approved for payment:
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
Claims Bank
Pavroll Bank
Gen'I Bank
Electronic Bank
Combined
Check Numbers
201971-202205
47670-47699
40,109.33
HOME CONSORTIUM GRANT
0.00
NSP GRANT
0.00
900000097
2,145.37
AMBULANCE SERVICE
52,225.32
Total Check Amount
$1,346,748.73
$34,067.91
13,681.77
Total Checks $
1,380,816.64
Electronic Transfer Numbers
804046-804047
30077349-30077819
109-113
108-116
74,296.00
SPECIAL ASSESSMNT LODGING
804050-804051
LITTER CONTROL
0.00
REVOLVING ABATEMENT
1,061.98
Total EFT Amount
$325,429.32
$527,647.63
$12,368.35
$278,948.15 Total EFTS $
1,144,393.35
GENERAL CAP PROJ CONSTRUCTION
131,802.83
WATERISEWER
217,415.91
Grand Total $
2,525,209.99
Councilmember
8,299.36
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
21,115.48
Councilmember
0.00
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
728,804.86
STREET
21,590.53
ARTERIAL STREET
0.00
STREET OVERLAY
0.00
C. D. BLOCK GRANT
40,109.33
HOME CONSORTIUM GRANT
0.00
NSP GRANT
0.00
KING COMMUNITY CENTER
2,145.37
AMBULANCE SERVICE
52,225.32
CEMETERY
1,109.19
ATHLETIC PROGRAMS
13,681.77
GOLF COURSE
34,252.60
SENIOR CENTER OPERATING
5,785.20
MULTI MODAL FACILITY
924.92
SCHOOL IMPACT FEE
74,296.00
SPECIAL ASSESSMNT LODGING
21,021.89
LITTER CONTROL
0.00
REVOLVING ABATEMENT
1,061.98
LID 145
67,76
PARKS
0.00
STADIUM/CONVENTION CENTER
0.00
GENERAL CAP PROJ CONSTRUCTION
131,802.83
WATERISEWER
217,415.91
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
25,873.27
EQUIPMENT RENTAL - OPERATING BUSINESS
8,299.36
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
21,115.48
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
0.00
MEDICAL/DENTAL INSURANCE
262,333.76
FLEX
6,246.04
PAYROLL CLEARING
855,046.62
GRAND TOTAL ALL FUNDS:
$ 2,525,209.99
3(b).1
AGENDA REPORT
FOR: City Council / c/ DATE: January 14, 2015
TO: Dave Zabell, City Manager REGULAR: January 20, 2015
Rick Terway, Administrative Community Services Director
FROM: Eva Lindgren, Interim Finance Manager
SUBJECT: BAD DEBT WRrrE-OFF'S/COLLECTION.
I. REFERENCE (S):
Write-off and collection lists are on file in the Finance Department.
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
MOTION: I move to approve bad debt write-offs for utility billing, ambulance, cemetery, general
accounts, miscellaneous accounts, and Municipal Court (non -criminal, criminal, and
parking) accounts receivable in the total amount of $304,205.22 and, of that amount,
authorize $204,467.95 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.
3(b).2
Amount
Direct
Referred to
Total
Write-offs
Collection
Write-offs
Utility Billing
$
314.43
1,553.79
1,868.22
Ambulance
$
91,571.02
18,115.16
109,686.18
Court A/R
$
.00
184,799.00
184,799.00
Code Enforcement
$
3,175.00
.00
3,175.00
Cemetery
$
.00
.00
.00
General
$
4,676.82
.00
4,676.82
Miscellaneous
$
.00
.00
.00
TOTAL:
$
99,737.27
204,467.95
304,205.22
3(b).2
AGENDA REPORT
FOR: City Council January 6, 2015
TO: Dave Zabell, City Manager Workshop Mtg.: 1/12/2015
Regular Mtg.: 1/20/2015
FROM: Rick White,
Community & Economic Development Director
SUBJECT: Waiver of Sewer Utility Service Requirement (MF# USW 2014-004)
I. REFERENCE(s):
1. Sewer Waiver — Vicinity Map
2. Sewer Waiver — Overview Map
3. Sewer Waiver — Proposed Utility Service Waiver Agreement
11. ACTION REQUESTED OF COUNCEUSTAFF RECOMMENDATIONS:
1/12: DISCUSSION
1/20: MOTION: I move to conditionally approve the sewer utility service waiver at
1209 Road 62 and authorize the City Manager to execute the
waiver agreement.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A. The applicant has applied for a utility service waiver to install a septic system for
new construction of a single family dwelling at 1209 Road 62 on an existing lot.
PMC 16.06 requires connection to the utility system when a building permit is
issued unless such requirement is waived by action of City Council.
B. Utility waivers are granted/denied by City Council in accord with the
requirements of PMC 16.06.050. This section of the PMC requires that City
Council base their decision on the following criteria:
• Special circumstances applicable to the property in question or the
intended use that do not generally apply to either properties or classes of
uses in the same vicinity or zoning classification.
• A waiver is necessary for the preservation and enjoyment of a substantial
property right or use possessed by other properties in the same vicinity and
same zoning classification, which because of special circumstances is
denied to the property in question.
• The granting. of the waiver will not be detrimental to the public welfare or
egregious to other property improvements in such vicinity and zoning
classification, which the subject property is located.
• The granting of a waiver will not conflict with the general intent of this
chapter.
C. The above criteria contained in PMC16.06.050 is established to measure unusual
or unique circumstances peculiar to a certain property that would justify waiver of
a requirement for utility connections similar to the way a land use variance would
be evaluated.
3(c)
V. DISCUSSION:
A. Presently, the nearest existing sewer line is approximately 389 feet from the
applicant's property and it is not cost effective for a private party or the City to
provide for the extension of such line at this time.
B. Single family homes in this vicinity have been developed with septic systems on
roughly two -acre lots. The subject site was recently created by dividing one
approximately two -acre parcel while under city jurisdiction. A local improvement
district to extend sewer to this part of Pasco is not likely in the near future due do
the existing development pattern in the area.
C. Standards for septic systems are administered through the Benton Franklin Health
Department and will apply to the installation of septic systems on this property. It
is not expected that the waiver will be detrimental to public health or welfare in
this vicinity.
D. The granting of a waiver will not conflict with the intent of Chapter 16.06 of the
PMC. The significant costs associated with sewer line extension and the
unlikelihood of a local improvement district in the near future leads staff to
recommend that a sewer connection waiver be granted for the property.
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Engineering Department
525 North 3rd Avenue
Pasco, WA 99301
UTILITY SERVICE WAIVER AGREEMENT
(CHAPTER 16.06 PMC)
1) The undersigned is the owner of the real property situated in Franklin County, Washington
addressed as 1209 Road 62 and described as:
Tax Parcel (parent) #: 119-651-085
Legal: Lot 2, Short Plat 2014-38, according to the Plat thereof recorded
in Volume 1 of Plats Page 987, records of Franklin County
Auditor's Office, Washington
2) The undersigned has made application for waiver of the utility service requirements of Chapter
16.06 PMC and the Pasco City Council has by motion approved said waiver based on the
following Findings:
a) Presently, there is no sewer service provided near the property. The nearest existing sewer
line is approximately 389 feet from the applicant's property and it is not cost effective for a
private party or the City to provide for the extension of such line.
b) Standards for septic systems are administered through the Benton Franklin Health
Department and will apply to the installation of septic systems on this property. It is not
expected that the waiver will be detrimental to public health or welfare in this vicinity;
c) Single family homes in this vicinity have been developed with septic systems on roughly two
acre lots. The subject site was recently created by dividing one approximately two -acre
parcel. A local improvement district to extend sewer to this part of Pasco is not likely in the
near future due do the existing development pattern in the area;
d) The granting of a waiver will not conflict with the intent of Chapter 16.06 of the PMC. The
significant costs associated with sewer line extension, the timeframe expected for the
provision of infrastructure to allow the area to be served by city sewer, and the unlikelihood
of a local improvement district in the near future support the granting of a waiver for
connection to the city sewer system for the property.
UTILITY SERVICE WAIVER AGREEMENT (MF#USW2014-004)
In consideration of the mutual covenants contained herein, the sufficiency of which are
hereby acknowledged, the parties agree as follows:
3) The City waives connect of the above described properly to the City sanitary sewer system prior
to granting of a development permit as required by PMC 16.06.010 until such time as the utility
services are available as defined in PMC 16.06.010 or the basis for the waiver as provided in
PMC 16.06.050 ceases to exist.
4) The waiver is conditioned upon the undersigned making the following agreements and
acknowledgments with the City, which the undersigned does hereby freely and voluntarily
make:
a) The undersigned agrees to provide the City of Pasco with all necessary Health District
approvals for the use of a septic tank system at the above referenced property,
b) The undersigned acknowledges that the granting of a sewer utility waiver does not exempt
him/her from any obligation that results from the formation of a Local Improvement District
to provide sanitary sewer and water to the undersigned's property;
c) The owners jointly and severally hereby (1) make, constitute and appoint the City as the
owners' true and lawful attorney in fact for them in their name, place and stead and as an
irrevocable proxy to sign a petition for the formation of a local improvement district or utility
local improvement district ("LID") hereafter to be formed by the City or its successors for
the improvement that will provide utilities available for the benefit of the real property
describe above and (2) waive their right under RCW 35.43.180 to protest formation of such
LID for such improvements. The property owners reserve and retain the right to object to the
amount of the LID assessment levied against the property and to appeal that assessment to
the Franklin County Superior Court;
d) The undersigned shall pay an equitable share of any private sewer utility extensions abutting
the undersigned's property;
e) This Agreement shall be a conveyance of an irrevocable interest in land and the owners do
by these presents convey to the City such limited interest in the property. The above
covenants to the City shall run with the land and be binding on the owner, on the
undersigned, his/her heirs, devisees, successors and assigns and all owners now or hereafter
of the land above described, or of any of said land described above;
f) A violation of any of the above covenants may be enjoined and the same enforced at the suit
of the City with attorney fees awarded to the substantially prevailing party;
g) The owners do hereby warrant that the persons named as "property owner" on the signature
lines below are all of the persons or entities having any interest in the property and that they
have full power to execute this Agreement.
UTILITY SERVICE WAIVER AGREEMENT (MF# USW2014-004)
This utility waiver and agreement has been approved by the Pasco City Council on day of
,20
Signature of Legal Property Owner(s)
STATE OF WASHINGTON )
6*A
County of Franklin
On this day personally appeared before me , to be known
to be the individual(s) described in and who executed the within and foregoing instrument, and
acknowledged that they signed the same as their free and voluntary act and deed for the uses and
purposes therein mentioned.
GIVEN under my hand and official seal this day of 20_.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
Signature of Legal Property Owner(s)
STATE OF WASHINGTON )
ss.
County of Franklin )
On this day personally appeared before me , to be known
to be the individual(s) described in and who executed the within and foregoing instrument, and
acknowledged that they signed the same as their free and voluntary act and deed for the uses and
purposes therein mentioned.
GIVEN under my hand and official seal this day of
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
20_
UTILITY SERVICE WAIVER AGREEMENT (MF# USW2014-004)
........................................................................... a...
This utility service waiver and agreement has been approved by the Pasco City Council on
_ day of 20_
Dave Zabell, City Manager
STATE OF WASHINGTON )
ss.
County of Franklin
On this day personally appeared before me, Dave Zabell, City Manager, to be known to be
the individual(s) described in and who executed the within and foregoing instrument, and
acknowledged that they signed the same as their free and voluntary act and deed for the uses and
purposes therein mentioned.
GIVEN under my hand and official seal this day of 20.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
UTILITY SERVICE WAIVER AGREEMENT (MF# USW2014-004)
AGENDA REPORT
FOR: City Council January 7, 2015
I'- Workshop Mtg.: 1/20/15
TO: Dave Zabell, City Manager �I� Regular Mtg.: 1/12/15
FROM: Rick White,
Community & Economic Development Director
SUBJECT: Annexation RD 80 Area
1. REFERENCE(S):
1. Annexation RD 80 Area - Boundary Map
2. Annexation RD 80 Area — Vicinity Map
11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
1/12: DISCUSSION
1/20: MOTION: I move to authorize staff to initiate formation of an ad hoc citizen
committee to analyze the impact of annexation on properties in the
RD 80 Area.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A. With City and County approval, the Pasco Urban Growth Area (UGA) was adopted in
1995 and joint zoning standards were adopted in 1999. The UGA serves as an important
tool for effective capital investment and financial planning. The City relies on this
boundary to make investments in water and sewer plants and facilities, fire stations, parks
and road maintenance operations and equipment. An example of such a capital
investment for eventual use in the Riverview unincorporated island is the City's Fire
Station on Road 68 just north of Argent.
B. The City has also installed utility and transportation infrastructure to serve the entire
UGA. When City water service (and recently sewer service) has been extended to
properties outside the City limits but within the UGA, the extension has been conditioned
on agreements (binding on successor owners), granting the City the power of attorney to
sign a future annexation petition on behalf of the property owner.
C. Through the accumulation of outside utility agreements/powers of attorney over several
years, the boundaries of a potential annexation area west of RD 80 have been identified
and annexation of this area is now possible.
D. Though challenged by a group of "donut hole" residents, a ballot issue in November 2013
resulted in city voters (and in excess of 60% of the annexed area voters) confirming that
Annexation Area 42 should remain part of Pasco.
E. Council adopted Resolution 3552 in May of 2014 expressing Council goals for calendar
years 2014 — 2015. Goal # 11 of that Resolution express the City's goal to reduce the size
of the unincorporated "donut hole" through continued orderly annexation.
V. DISCUSSION
A. The RD 80 area as shown on Reference #1 is that portion of Pasco's UGA that is not yet
incorporated but is able to be annexed through the use of outside utility
agreements/powers of attorney. It has an assessed value of approximately $156,700,000,
is surrounded by City limits and City utilities extend to much of the area. RD 80 Area
residents use City streets for access to their homes and businesses, City police continually
drive through this area while on patrol, and residents participate in City recreational
programs and use City parks.
3(d)
B. An important part of paying for these services and facilities is property tax the City
receives. County residents do not contribute payment of property tax for use by the City,
and fees and charges for services are often not set to recover their full cost.
C. Potential annexation of the RD 80 Area would result in increased revenues from property
and utility taxes and State shared revenue. There would be loss of revenue from the
surcharge on water and an overall (although moderate) increase of expenditures for
governmental service (police, fire and general government).
D. Formation and use of a citizen committee to analyze impacts to properties and residents
of any potential annexation area is seen as an important step to objectively identify (by
citizens not necessarily staff) positive or negative impacts of annexation. Such a citizen
committee was formed and used for that purpose in conjunction with the Area #2
Annexation in late 2012. Staff requests Council concurrence to solicit members for such
a committee with the intent of providing the Mayor a list of potential candidates for
appointment.
E. This activity is predicated on Council's willingness to proceed with an annexation process
for this area with conclusion of such a process before August of this year. Staff would
benefit from Council discussion and direction on this issue.
AGENDA REPORT
FOR: City Council January 7, 2015
TO: Dave Zabell, City Manager�W/ Workshop Mtg.: 1/12/15
Rick White, Regular Meeting: 1/20/15
Community & Economic Development Directo444
-
FROM: Jeffrey B. Adams, Associate Planner
SUBJECT: Certified Local Government Aezeement (MF# PLAN 2014-001)
I. REFERENCE(S)-
Certified Local Government— 2015 Agreement
H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
1/12: DISCUSSION
1/20: MOTION: I move to approve the Certified Local Government Agreement
with the Washington State Department of Archaeology and
Historic Preservation (DAHP), and, further, authorize the Mayor
to execute the agreement.
III. FISCAL IMPACT:
!i0 1_w
IV. HISTORY AND FACTS BRIEF:
A. One of Council's 2012-2013 goals was to "assist the Historic Preservation
Commission with the development of a Historic Preservation Plan for the City." In
November of 2013 the City approved a Historic Preservation Work Plan (Resolution
3521), which includes an action item to obtain approval as a Certified Local
Government (CLG).
B. City Council approved an amended Title 27 Historic Preservation (Ordinance 4178)
in October 2014 in partial f ilfihnent of the CLG application requirements. The
Historic Preservation Commission subsequently updated its Bylaws to align with the
revised Ordinance.
C. Finally, City Planning staff submitted Commissioner and staff resumes, along with a
letter detailing the City's HPC recruitment efforts to the Washington State
Department of Archaeology and Historic Preservation (DAHP) to complete the
Certified Local Government application.
V. DISCUSSION:
A. Local governments that establish a historic preservation program which meets federal
and state standards are eligible to apply to the State Historic Preservation Officer
(SHPO) and the National Park Service for certification. A local government that
receives such certification is known as a "Certified Local Government."
B. Benefits of participating in the program include eligibility to apply for special grants
from the State Historic Preservation Office (SHPO), authority to offer Special Tax
Valuation to locally listed properties, technical assistance and training from the
SHPO, access to the national historic preservation. assistance network, and to the State
Historic Preservation Office data exchange. CLGs are expected to maintain a historic
preservation commission, maintain a survey of local historic properties, enforce local
preservation laws, review National Register Nominations, and engage the public in
historic preservation activities.
C. Among the requirements for CLG status are passage of a Historic Preservation
Ordinance, adoption of a Historic Preservation Commission with qualified
commissioners, and adoption of HPC Bylaws.
3(e)
D. Staff has guided these efforts through the HPC and City Council, and the Department
of Archaeology and Historic Preservation has accepted the application and has sent
the attached Certified Local Government Agreement to the City for approval.
E. In addition, the CLG Agreement requires the City to do the following:
a. Enforce appropriate state or local legislation for the designation and protection
of historic properties.
b. Maintain a system for the survey and inventory of historic properties, and
employ the use of Statewide Historic Property Inventory Online Entry System
for future survey work within the City of Pasco.
c. Provide for adequate public participation in the local preservation program,
including the process of recommending properties to the National Register.
d. Employ sufficient professional staff to carry out its federal historic
preservation responsibilities.
e. Adhere to requirements outlined in the State of Washington's Certified Local
Government Program Requirements and Procedures, as amended 2002, issued
by the Department of Archaeology and Historic Preservation.
F. If Council concurs with the proposed agreement, it should be approved.
CERTIFICATION AGREEMENT
Pursuant to the provisions of the National Historic Preservation Act, as amended, to applicable
federal regulations (36 CFR 61), and to the State of Washington's Certified Local Government
Program Requirements and Procedures, as amended 2002, the City of Pasco agrees to:
1. Enforce appropriate state or local legislation for the designation and protection of historic
properties [Section 101(c)(1)(A)].
2. Establish an adequate and qualified historic preservation review commission by state or
local law [Section 101(c)(1)(B)].
3. Maintain a system for the survey and inventory of historic properties [Section 101(c)(1)(C)].
Employ the use of Statewide Historic Property Inventory Online Entry System for future
survey work within the City of Pasco.
4. Provide for adequate public participation in the local preservation program, including the
process of recommending properties to the National Register [Sections101 (c)(1)(D),
(c)(2)(A) and (c)(2)(13)].
S. Satisfactorily perform the responsibilities delegated to it under the National Historic
Preservation Act, as amended [Section 101(c)(1)(E)].
6. Employ sufficient professional staff to carry out its federal historic preservation
responsibilities.
7. Adhere to requirements outlined in the State of Washington's Certified Local Government
Program Requirements and Procedures, as amended 2002, issued by the Department of
Archaeology and Historic Preservation.
Upon its designation as a Certified Local Government, the City of Pasco shall be eligible for all
rights and privileges of a Certified Local Government specified in the Act, federal procedures, and
the procedures of the State of Washington. These rights include eligibility to apply for available
CLG grant funds in competition only with other Certified Local Governments.
The following signatures imply consent to this Certification Agreement and any attachments
herein.
STATE:
LOCAL GOVERNMENT:
Allyson Brooks, Ph.D. Director Matt Watkins, Mayor
State Historic Preservation Officer City of Pasco
Date
Date
AGENDA REPORT NO. 37
FOR: City Council January 7, 2015
TO: Dave Zabell, CityManager
FROM: Abroad Qayoumi, Public Works Director Workshop Mtg.: 1/12/2015
Regular Mtg.: 1/20/2015
SUBJECT: Argent Road Widening Professional Services Agreement — Amendment No. 1
I. REFERENCE(S):
1. Argent Road Widening — Amendment No. 1 Summary Sheet
2. Argent Road Widening — Area Vicinity Map
3. Argent Road Widening —Argent Rd/Rd 36 Intersection Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
1/12: Discussion
1/20: MOTION: I move to approve Amendment No. 1 to Professional Services
Agreement with MacKay Sposito, continuing professional
services with respect to the Argent Road Widening Project, in the
amount of $13,905.29 and change the completion date to May 31,
2015 and further, authorize the City Manager to execute the
agreement.
III. FISCAL IMPACT:
Arterial Fund — $13,905.29
IV. HISTORY AND FACTS BRIEF:
A) Argent Road is a principal arterial that provides vital east and west connection from
4th Avenue to Road 100. One section of the corridor (200' Ave to Road 44) runs
along Port of Pasco and Columbia Basin College property.
B) In early 2011, the Port of Pasco and Columbia Basin College entered into discussions
regarding the future of Argent Road and the needs of the Port of Pasco, Pasco
Airport, the Fire Department, Columbia Basin College and the City as the area grows
and additional demand is placed on the corridor.
C) In October 2011, the City entered into an agreement with MacKay Sposito to deliver
a conceptual design development phase for the corridor from 20th Ave to Road 44.
The concept development scope included road widening to five lanes to meet the
future and current needs of the area, landscaping, bike lanes and access management.
D) Through a number of interactions and meeting with the Port of Pasco and Columbia
Basin College, a final concept plan was developed.
E) City staff allocated federal funds in the amount of $200,000 for the design of the
project.
V. DISCUSSION:
A) During the design phase of the project a traffic study was completed for the Argent
Road Corridor from 2011 Avenue to Rd 44. This traffic study showed that all
warrants are met for a new signal to be installed at the intersection of Argent Rd and
Rd 36. At the time of the original contract it was not known if a new signal would be
warranted at this location, so the design cost of this new signal was not included in
the original contract. The work needed for this design was shown as an optional task
15 in the original scope of work in the event that a traffic study was needed at the
intersection. The new traffic signal will improve safety and traffic flow through the
corridor. Design cost for this addition work will be $13,905.29.
B) The original Professional Services Agreement was scheduled to begin April 1, 2013
and end December 31, 2014. Due to unexpected delays in the project, outside of the
consultant's control, and the addition of a new traffic signal, the design of the project
is anticipated to be completed by May 31, 2015.
C) It is the City's goal to construct the traffic signal as Phase I, while seeking available
grants to complete the road improvements.
3(f)
w
TO: CITY OF PASCO
Attn: Ahmad Qayoumi
City of Pasco
525 N. V Avenue
Pasco,
DATE: NOVEMBER 20, 2014
CHANGE ORDER # 2
FOR: 15620
Argent Road Widening Project
All terms and conditions of Contract dated May 18, 2013 shall apply to this authorization to provide necessary professional services and
professional costs to perform the following task(s). Per the signed contract, extra services will be billed on a time -and -materials basis.
However, for budgeting purposes an estimated date and cost to complete the tasks are provided below.
DESCRIPTION / SCOPE OF CHANGE ORDER AMOUNT
Task 15.0 Signal Design for Argent Road and Road 36 Intersection (Final Design) as previously proposed in
original contract. $13,905.29
TOTAL 1 $13,905.29
OriginalContract Amount.........................................................................................................................................
$225,416.00
PreviousChange Orders Subtotal..............................................................................................................................
$1,712.00
TotalContract Amount to Date.................................................................................................................................
$227,128.00
CurrentChange Order Amount................................................................................................................................
$13,905.29
RevisedContract Amount.........................................................................................................................................
$ 241,033.29
Estimated Completion Date: March 31, 2015
Work Authorized By:
CLIENT REPRESENTATIVE SIGNATURE
Printed Name:
Work Authorized By:
�&c!(Avtmoirro REPRESENTATIVE SIGNATURE
COMPANY
Date:
Printed Name: Nw} , ff A -17-M1 S &,-/ Date: 1II/LO J Za /Y
www.mackaysposito.com
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AGENDA REPORT
FOR: City Council j„ January 7, 2015
TO: Dave Zabell, City Manager'1A Workshop Mtg.: 1/12/15
Regular Mtg.: 1/20/15
FROM: Rick Terway, Director, Administrati ommunity Services
SUBJECT: Gesa Stadium Upgrades
I. REFERENCE(S):
1. Gesa Stadium Upgrades - Amendment # 2
2. Gesa Stadium Upgrades - Section 6.3
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
1/12: Discussion
1/20: MOTION: I move to approve the Amendment # 2 with the Tri -City Dust
Devils, and authorize the City Manager to execute the agreement.
III. FISCAL IMPACT:
Neutral
IV. HISTORY AND FACTS BRIEF:
A) The City of Pasco and the Tri -City Dust Devils have created a strong partnership that
has helped keep Professional Baseball in Pasco. The City of Pasco and the entire
community have benefited from this partnership through economic development,
civic pride and the improved quality of life that flows from a successful local
professional sports team. The partnership began in 2004 and continues to flourish.
V. DISCUSSION:
A) Minor League Baseball has repeatedly notified the City of Pasco and the Dust Devils
that the Home Clubhouse/Locker Room fails to meet professional baseball standards
because it is roughly 500 square feet below the minimum size allowed. Since this is a
structural improvement to the stadium, as per the City's lease agreement with the
team, the responsibility for this change falls on the City. However, in the spirit of the
partnership between the team and the City, the team has worked with an architect to
identify a possible solution and is willing to work with the City in order to make this
improvement a reality.
B) The Dust Devils propose to help the City with this improvement similar to the way
the team supported the City with the Office Building Improvement (Section 6.3 of our
lease agreement).
C) The Dust Devils will agree to pay for the clubhouse improvement project (up to
$40,000) in exchange for an annual rent credit for the next 8 years, starting in 2015.
The rent credit will be equal to 1/8th of the cost of the project, not to exceed $40,000.
The details of the advance payment and rent credit would mirror the partnership
language included in Section 6.3 of the current lease. In addition, the team will pay
the cost of furnishing the new area and the cost of furnishing does not need to be
reimbursed to the team by the City.
D) Staff recommends approval of amendment #2.
SIM
SECOND AMENDMENT TO
BASEBALL STADIUM LEASE
THIS SECOND AMENDMENT TO BASEBALL STADIUM LEASE is made and
entered into this day of January, 2015, by and between the City of Pasco, a Washington
Municipal Corporation ("City"), and Northwest Baseball Ventures I, LLC, a Washington limited
company (the "Tenant").
RECITALS:
A. City and Tenant have executed that certain Baseball Stadium Lease Agreement
dated January 14, 2008 (the "Lease"), which was subsequently amended by the First Amendment
to Baseball Stadium Lease ("First Amendment") on the2nd day of June, 2008; and
B. City and Tenant desire to modify certain terms of the Baseball Stadium Lease as
provided below.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is
agreed as follows;
1. Rent. Section 4.1 entitled "Rent" shall be and hereby is amended and shall read
as follows:
4.1 Rent. Tenant agrees to pay annual rent in the following amounts ("Rent"):
Period Annual Rent
From the Effective Date to 12/31/08
$25,000.00
1/1/09 to 12/31/09
$26,000.00
1/l/10 to 12/31/10
$27,000.00
1/l/11 to 12/31/11
$28,000.00
1/1/12 to 12/31/12
$29,000.00
1/1/13 to 12/31/13
$30,000.00
1/1/14 to 12/31/14
$31,000.00
1/1/15 to 12/31/15
$28,358.74
1/1/16 to 12/31/16
$29,244.95
1/1/17 to 12/31/17
$30,131.16
Rent shall be paid to City at 525 North 3rd Avenue, Pasco, Washington 99301, Attention:
City Treasurer ("City's Address"). Tenant shall pay Rent in a lump sum annually on June 15 of
each calendar year during the Term. Tenant shall pay a late service charge on all past due rent at
the rate of five percent (5%) per month, but in no event higher than the legit limit. In addition to
the Rent specified in Section 4. 1, from and after January 1, 2015, the Tenant shall pay leasehold
excise tax in accordance with Chapter 82.29A RCW (the "Leasehold Tax") for the remainder of
the terms in the following amounts:
Second Amendment to
Baseball Stadium Lease - I
Period Tax
1/1/15 to 12/31/15 $3,641.26
1/1/16 to 12/31/16 $3,755.05
1/1/17 to 12/31/17 $3,868.84
If City raises the admission tax on rickets to view events in the Baseball Stadium above
two and one-half percent (2.51/o), the Rent set forth above shall be reduced on a dollar for dollar
basis for each year the dollar amount of admission taxes collected by Tenant has already paid
Rent, City shall refund to Tenant a portion of the Rent overpaid as a result of the application of
this provision.
2. Improvements. That Section 6.3 entitled "Improvements" shall be and hereby is
amended by the addition of the following:
6.3 Improvements.
f. In addition to the Improvements as provided in Section 6.3.a above, the
City shall allow Tenant to make and install Improvements to the clubhouse facility having an
approximate value of $40,000. Tenant shall use good faith and diligent efforts to complete the
construction of the Improvements and for the Improvements to be ready for occupancy no later
than June 1, 2015. The Improvements shall be constructed and installed according to all
governing laws and regulations, including but not limited to, the Americans with Disabilities
Act. Prior to constructing or installing the Improvements, Tenant shall submit to City plans and
specifications for the Improvements for City approval, such approval not to be unreasonably
withheld. The location of the Improvements shall be subject to the prior approval of City.
During the term of the Lease, Tenant shall maintain ownership of the Improvements; however, at
the expiration of the Term, City may (i) require Tenant to remove the Improvements or (ii) allow
Tenant to abandon the Improvements, at which time, the Improvements shall become part of the
Property and be owned by City.
g. In addition to the Improvements as provided in Section 6.3.b above,
Tenant shall provide City with an accounting of the actual third -party costs and expenses
incurred by Tenant to install the Improvements to the clubhouse facility, including paint,
carpet/flooring and any built-in cabinets and counters, such costs not to include fees to Tenant or
affiliates of Tenant, furniture or fixture costs, or other non -third party expenses. If requested by
the City, the accounting shall be accompanied by receipts, contracts, or any other reasonable
evidence of the costs incurred by Tenant for the Improvements. Upon City review and approval
of such accounting, the costs incurred by Tenant to install the Improvements shall constitute the
Approved Costs.
h. In addition to the Improvements as provided in Section 6.3.c above, City
shall provide Tenant with an annual credit for the against the Rent in an amount equal to one-
eighth (1/8th) of the Approved Costs for the clubhouse facility, such credit shall not exceed
$5,000 annually, or $40,000 in the aggregate (the "Rent Credit").
Second Amendment to
Baseball Stadium Lease - 2
i. If City and Tenant mutually agree upon the Rent during the Extension
Term and extend this Lease through the Extension Term for the clubhouse facility, then Tenant
shall be eligible for the Rent Credit through the Extension Term in accordance with the rate
provided in subsection h above. If Tenant terminates this Lease after the expiration of the Initial
Term without exercising its option to extend the lease, then Tenant shall have forfeited any
remaining Rent Credit.
j. If Tenant exercises its option to extend this Lease for the clubhouse
facility, but City and Tenant have not mutually agreed on the Rent for the Extension Term at
least twelve (12) months prior to the last day of the Initial Term, then (i) upon expiration of this
Lease following the end of the Initial Term and provided that Tenant has otherwise complied
with the terms of this Lease, Tenant shall receive one-third (1/3) of the Rent Credit as a
termination fee within sixty (60) days following the last day of the Initial Term; and (ii) this
Lease shall terminate upon the expiration of the Initial Term. Notwithstanding the preceding
sentence, if City proposes an amount for annual Rent for the Extension Term which does not
exceed $34,000, and Tenant does not accept this proposal, then Tenant shall have forfeited any
right to a termination fee upon the expiration of this Lease.
3. Remaining Terms and Conditions. All remaining terms and conditions of the
Baseball Stadium Lease as amended by the First Amendment to Baseball Stadium Lease not
inconsistent with the Amendments provided by this Agreement, shall remain in full force and
effect. If there are any conflicts between the terms and provisions of the Lease, the First
Amendment, and this Second Amendment, the terms of the Second Amendment shall control.
4. Counterparts. This Second Amendment may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument. This Lease or any counterpart may be executed and delivered by
facsimile transmission with an executed hard copy to follow.
5. Definitions. All terms and definitions used in this Second Amendment hot herein
defined are to be give the definition of the term as provided in the Lease, unless specifically
stated otherwise.
6. Authorization. Each party represents and warrants to the other that it fully
empowered and authorized to execute and deliver this Second Amendment, and the individual
signing this Second Amendment on behalf of such party represents and warrants to the other
party that he or she is fully empowered and authorized to do so.
IN WITNESS WHEREOF, City and Tenant have executed this Second Amendment the
day and year first above written.
Second Amendment to
Baseball Stadium Lease - 3
CITY:
City of Pasco, a Washington
Municipal Corporation
Dave Zabell, City Manager
TENANT:
Northwest Baseball Ventures I, LLC, a
Washington Limited Liability Company
0
Title:
Second Amendment to
Baseball Stadium Lease - 4
e. If the Additional Rent is included in contract rent for purposes of
calculating the Leasehold Tax, City shall pay such Leasehold Tax, including all applicable
penalties and interest thereon, from the Additional Rent remitted by Tenant and the Additional
Rent shall be deemed to have been reduced by the amount of such Leasehold Tax.
f. Tenant shall include in all written agreements with third parties that
sponsor Other Events, the right of City to audit such third parties' records regarding payment of
sublease/license fees.
V. UTILITIES
5.1 Utilities
a. Utility Charges. Tenant shall pay or cause to be paid when due, and shall
indemnify, protect and hold harmless City and the Premises from all charges for public or private
utility services to the Premises during the Term, including without limiting the generality of the
foregoing, all charges for heat, light, electricity, potable water, gas, telephone service, garbage
collection and sewer and drainage service. Notwithstanding the foregoing, the City shall provide
un -metered well irrigation water to Tenant at no cost to Tenant.
b. Interruptions of Utility Services. City shall not be liable to Tenant in
damages or otherwise (i) if any utility shall become unavailable from any entity (including City)
supplying or distributing such utility, or (ii) for any interruption in any utility service (including,
without limitation, any heating, air-conditioning or sprinkler) caused by the making of any
necessary repairs or improvements or by any cause, and the same shall not constitute a
termination of this Lease or an eviction of Tenant. If any utility service, used at the Premises and
for which City is responsible, shall be interrupted, City shall restore such utility service as soon
as practical.
VI. CONDITION OF PREMISES; IMPROVEMENTS
6.1 Current Condition. Tenant agrees to accept the Premises and Baseball Stadium in
its current "as is, where is" condition. Tenant acknowledges the opportunity prior to its
execution of this Lease to conduct a thorough inspection of the Premises.
6.2 Air Conditioning.
The air conditioning, previously installed by Tenant in the "home team" clubhouse/locker
room, is part of the Premises, and during the Term shall be maintained by Tenant at Tenant's
cost. Upon expiration or earlier termination of this Lease, the air conditioning equipment shall
become the property of City, without additional cost or expense to City.
6.3 Improvements. Tenant has requested City's permission to install certain fixtures
on the Premises during the Lease Tenn. City consents to Tenant's request pursuant to the
requirements and conditions contained in this Section 6.3.
so
a. City shall allow Tenant to install a modular office building on the Property
containing approximately square feet (the "Improvements"). Tenant shall use good
faith and diligent efforts to complete the construction of the Improvements and for the
Improvements to be ready for occupancy no later than June 15, 2008. The Improvements shall
be constructed and installed according to all governing laws and regulations, including but not
limited to, the Americans with Disabilities Act. Prior to constructing or installing the
Improvements, Tenant shall submit to City plans and specifications for the Improvements for
City approval, such approval not to be unreasonably withheld. The location of the Improvements
shall be subject to the prior approval of City. During the Term of the Lease, Tenant shall
maintain ownership of the Improvements; however, at the expiration of the Term, City may (i)
require Tenant to remove the Improvements or (ii) allow Tenant to abandon the Improvements,
at which time, the Improvements shall become part of the Property and be owned by City.
b. Following completion of the Improvements, Tenant shall provide City
with an accounting of the actual third -party costs and expenses incurred by Tenant to install the
Improvements, including paint, carpet/flooring and any built-in cabinets and counters, such costs
not to include fees to Tenant or affiliates of Tenant, furniture or fixture costs, or other non -third
party expenses. If requested by the City, the accounting shall be accompanied by receipts,
contracts, or any other reasonable evidence of the costs incurred by Tenant for the
Improvements. Upon City review and approval of such accounting, the costs incurred by Tenant
to install the Improvements shall constitute the Approved Costs.
C. City shall provide Tenant with an annual credit against the Rent in an
amount equal to one -fifteenth (1/15`b) of the Approved Costs, such credit not to exceed $11,666
annually or $175,000 in the aggregate (the "Rent Credit').
d. If City and Tenant mutually agree upon the Rent during the Extension
Term and extend this Lease through the Extension Term, then Tenant shall be eligible for the
Rent Credit through the Extension Term. If Tenant terminates this Lease after the expiration of
the Initial Term without exercising its option to extend the Lease, then Tenant shall have
forfeited any remaining Rent Credit.
e. If Tenant exercises its option to extend this Lease but City and Tenant
have not mutually agreed on the Rent for the Extension Term at least twelve (12) months prior to
the last day of the Initial Term, then (i) upon expiration of this Lease following the end of the
Initial Term and provided that Tenant has otherwise complied with the terms of this Lease,
Tenant shall receive one-third (1/3) of the Rent Credit as a termination fee within sixty (60) days
following the last day of the Initial Term; and (ii) this Lease shall terminate upon the expiration
of the Initial Term. Notwithstanding the preceding sentence, if City proposes an amount for
annual Rent for the Extension Term which does not exceed $34,000, and Tenant does not accept
this proposal, then Tenant shall have forfeited any right to a termination fee upon the expiration
of this Lease.
VII. REPAIRS AND MAINTENANCE
7.1 City Obligati . City shall, at its own cost and expense, maintain and repair all
structural portions of the Premises in a good and safe condition during the Term, reasonable wear
and tear excepted, promptly after City is made aware of the need for such structural maintenance
and/or repair. Structural portions of the Premises shall include, without limitation, all sidewalks
WA
AGENDA REPORT
FOR: City Council January 14, 2015
TO: Dave Zabell, City Manages') Regular Mtg.: 1/20/15
Rick White, (v%
Community &Economic Development Di
rectorw
FROM: David I. McDonald, City Planner
SUBJECT: SOLANO UTILITY EASEMENT: (MF # ESMT 2015-001)
I. REFERENCE(S):
1. Solano Utility Easement - Overview Map
2. Solano Utility Easement - Vicinity Map
3. Solano Utility Easement - Easement
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
MOTION: I move to accept the permanent utility easement from Solano
Enterprises.
HI. FISCAL IMPACT
None
IV. HISTORY AND FACTS BRIEF:
A. Solano Enterprises, LLC is in the process of developing a new restaurant at 1325
North 40' Avenue. Sewer service for the Solano property extends from 1st Avenue
west through an easement on Housing Authority property. The Housing
Authority easement terminates on the eastern line of the Solano property.
B. To serve the new restaurant the existing sewer line on the Solano property needs
to be rebuilt and extended. However, no utility easement exists on the Solano
property. Hence the need for Mr. Solano to dedicate an easement to the City.
C. All work associated with the reconstruction and extension of the public sewer line
in the Salon property will be undertaken by Solano Enterprises.
3(h)
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After Recording, Return To -
City Engineer
City of Pasco
PO Box 293
Pasco, WA 99301
UTILITY EASEMENT
Tax Parcel No. 112023042
THE GRANTOR, Solano Enterprises LLC, a Washington State Limited Liability Corporation,
by donation dedicates, conveys and hereby grants to the City of Pasco, Franklin County,
Washington, a Municipal Corporation, and to its successors or assigns, an easement to
construct, operate, maintain, repair, replace or remove on and under the below described
land City utilities service lines and components with surface obstructions associated with
said utility service (i.e. valve covers, meters, manholes, etc.):
AN EASEMENT 20.00 FEET IN WIDTH AFFECTING THAT PORTION OF BLOCK 11,
NORTHERN PACIFIC FIRST ADDITION TO PASCO, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME B OF PLATS, PAGE 60, RECORDS OF FRANKLIN
COUNTY, WASHINGTON, THE CENTERLINE DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK THENCE SOUTH
18043'14" EAST49~ NOW ALONG THE EASTERLY LINE OF SAID BLOCK 10.00
FEET TO THE TRUE POINT OF BEGINNING;
THENCE ALONG A LINE 10.00 FEET SOUTHERLY OF AND PARALLEL WITH THE
NORTHERLY LINE OF SAID BLOCK SOUTH 71 °22'09" WEST 192.50 FEET TO THE
POINT OF TERMINUS.
SEE EXHIBIT A
DATED tlris T day of (r;,,,, ,, 2015.
GRANTOR(S)
Owner(s) �^
STATE OF WASHINGTON )
:ss
County of Franklin )
On this Pday of January, 2015, before me, the undersigned, duly
commissioned and sworn, personally appeared to me known to be
individual(s) described above and an authorized representative of the Solano Enterprises LLC and
who executed the within and foregoing instrument as a managing member of said LLC, and
acknowledged to me that he/she/they signed the same as his/her/their free and voluntary act and
deed, for the uses and purposes therein mentioned, and on oath stated that he/she/they is/are
authorized to execute the said instrument.
GIVEN under by hand and official seal this—1day of 2015.
Print Name: L j/ME—T ►alW I YqAX
NOTARY PUBLIC in nd for t Sta f ashington ..\""""`+111{h
Residing at: � NDN LOpq,AAA�j'It
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AGENDA REPORT
FOR: City Council �� January 5, 2015
TO: David Zabell, City Manager �iSF/1 Workshop Mtg.: 1/12/15
Rick White, A ��/I Regular Mtg.: 1/20/15
Community & Economic Development Director J
FROM: Angela R. Pitman, Block Grant Administrator
SUBJECT: HOME Consortium Subrecipient Agreements for 2014 Administration and Down
Pavment Assistance (DPA)
L REFERENCE(S):
I"
IV.
V.
1. Proposed Resolution
2. Subrecipient Agreements for Down Payment Assistance and Administration
ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
1/12: DISCUSSION
1/20: MOTION: I move to approve Resolution No.,-? /Q authorizing the City Manager
to execute the 2014 Administrative and Down Payment Assistance
Subrecipient Agreements with the Tri -Cities HOME Consortium Lead
Agency.
FISCAL IMPACT:
Pasco's current and future share of federal HOME entitlement funds ($200,000 for Program Year
2014), and administrative funds from Program Income when received.
HISTORY AND FACTS BRIEF:
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. The original consortium agreement ran from 1995 through 1998. In
2007, the agreement was amended to renew automatically unless one of the cities objects.
B. Per HUD regulations the Lead Agency (Richland) is required to execute subrecipient
agreements with each member city, which authorizes each member city to carry out
projects on behalf of the Consortium.
C. The requirement for subrecipient agreements formalizes Pasco's relationship to the Lead
Agency. Without the subrecipient agreements, only the Lead Agency is authorized to
expend funds and carry out projects.
A. In November, the 2014 subrecipient agreements were revised, beginning with 2014 grant
funds forward, as follows:
• DPA awards will be converted from loans to grants.
• DPA loans to be standardized and capped at $10,000 per household (depending
on need).
• In the event that any consortium -wide administrative shortfalls occur, the cost of
such shortfalls shall be shared equally by all members. Members agree that
compliance with new standardized forms, checklists, and processes are required
in order to keep the administrative costs to currently projected levels.
• In the event that negative interest occurs as a result of the action(s) of a particular
Member, then that Member is fully responsible for reimbursing the Lead Entity;
However, if negative interest occurs that's not directly related to a single
Member's actions, then each Member shall equally share in that cost.
• Funding timelines are reduced to allow time to redirect funds to other areas prior
to timeliness becoming an issue.
B. As the proposed 2014 subrecipient agreement reflects the consensus of each member city
and will reduce administrative effort and costs for all, staff recommends Council 3(��/1
approval.
RESOLUTION NO.
A RESOLUTION APPROVING THE 2014 SUBRECIPIENT AGREEMENTS FOR HOME
PROGRAMS AND AUTHORIZING THE CITY MANAGER TO EXECUTE HOME
CONSORTIUM SUBRECIPIENT AGREEMENTS FOR PROGRAM YEARS 2014
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 (NARA); and
WHEREAS, Council has previously approved HOME programs contained in Consolidated Plan
for program years 2015-2019; and
WHEREAS, each program year Council approves programs to be carried out in the supplemental
Annual Action Plan, and
WHEREAS, HUD regulations require subrecipient agreements between the HOME Consortium
Lead Agency and the City of Pasco authorizing the City to carry out programs, expend funds and execute
agreements; and
WHEREAS, HUD has further advised that subrecipient agreements for past, current and future
years and for each type of program will be required, NOW THEREORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That the City Council approves subrecipient agreements for City of Pasco HOME programs to be
executed for program year 2014 to increase the supply of decent and affordable housing to low income
residents, and authorizes the City Manager to execute them.
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, 2015
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
MMC City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
TRI -CITIES HOME CONSORTIUM
SUBRECIPIENT WRITTEN AGREEMENT
DOWNPAYMENT ASSISTANCE MANAGED BY SUBRECIPIENT
March 4, 2014
This HOME Program Subrecipient Agreement is made and entered into as of the _
day of , 20 , between the City of Richland, Lead Entity of the Tri -Cities
HOME Consortium, 505 Swift Avenue, Richland, Washington, hereinafter referred to as
"Consortium," and , a member City of the Consortium, whose
address is hereinafter referred to as "Subrecipient." This Agreement
is authorized by Title II, Sections 216 and 217 of the Cranston -Gonzalez National Affordable
Housing Act of 1990, as amended, and the correlating federal regulations found at 24 CFR Part
92, together known as the HOME Investment Partnerships (HOME) Program.
W -1 -T -N -E -S -S -E -T -H:
I. RECITALS
WHEREAS, the Federal Government has made funds available to the Consortium
pursuant to the HOME Program CFDA 14.239 to increase the number of families, especially low
income families, served with decent, safe, sanitary and affordable housing, and to expand the
long term supply of affordable housing; and
WHEREAS, the Consortium seeks to invest a portion of its HOME allocation to support
affordable home ownership opportunities through the provision of Downpayment Assistance to
eligible homebuyers; and
WHEREAS, the HOME Program authorizes contracts with public agencies to carry out
the objective identified above; and
WHEREAS, the City of Richland has been designated as the Lead Entity of the Tri -Cities
HOME Consortium as delineated in the 'Tri -Cities HOME Consortium Agreement;" and
WHEREAS, the Lead Entity is responsible for the distribution of funds to the
Subrecipient(s) who manage projects utilizing said HOME funds; and
WHEREAS, the Lead Entity is also responsible for monitoring, reporting, and record-
keeping to assure compliance with federal regulations of the HOME Investment Partnership
Program; and
WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") requires
the Lead Entity to execute Subrecipient Agreements when applicable;
NOW, THEREFORE, the parties, for and in consideration of the promises and mutual
obligations set forth below, agree as provided for in this Agreement.
DPA Subrecipient Agreement Pasco 2014 Page 1 of 22
IL Definitions
Section 1 — Definitions (92.2)
Downoavment Assistance - HOME funds provided to assist eligible buyers in purchasing eligible
homes. Up to $10,000 in direct assistance will be used to assist eligible buyers purchase
eligible homes.
HOME Funds - The total amount of HOME Program dollars being provided to the Subrecipient
under this Agreement.
HOME Assisted Unit - Those units in the Project, which are assisted with the use of HOME
Funds in the form of Downpayment Assistance
Lead Entity - The unit of local government designated by the Tri -Cities HOME Consortium to act
in a representative capacity of all members for the purposes of this Agreement (City of
Richland). The Lead Entity will assume overall responsibility for ensuring that the Tri -Cities
HOME Consortium is administered and operates in compliance with the requirements of the
HOME Program. The Lead Entity serves as the official and primary contact between HUD and
the Tri -Cities HOME Consortium.
Project - The activity and result for which HOME Funds are being provided under this
Agreement. Under this Agreement, "Project' refers exclusively to HOME Downpayment
Assistance.
Project Delivery Costs - Reasonable and necessary costs incurred by the Subrecipient and/or
Lead Entity associated with the financing housing assisted with HOME funds. These may
include, but are not limited to, direct staff costs for work associated with a specific address and
costs for services required by private lenders.
Regulations - The requirements in 24 CFR Part 92 which govern the HOME Investment
Partnership Program and the use of HOME Funds, and all related and applicable OMB
Circulars, Codes, Regulations, State of Washington, and local requirements. Subrecipient
agrees to comply, and, as applicable, to require all third parties to comply with the requirements
of the regulations. Should anything in this Agreement be construed to conflict with HOME
regulations, the regulations shall prevail.
Subrecipient Administrator - HOME Consortium member(s) other than the non -Lead Entity who
perform some HOME administrative roles as delineated under separate, specific HOME written
Agreements. This term refers to the City of Kennewick and/or the City of Pasco.
Tri -Cities HOME Consortium - The particular Consortium operating under the HOME Program
consisting of the Cities of Kennewick, Pasco, and Richland. These three cities are each
"Consortium Members."
DPA Subrecipient Agreement Pasco 2014 Page 2 of 22
III. Agreement
Section 2 — The Project (92.205)
HOME Funds are being made available to the Subrecipient for the purpose of promoting
affordable housing to very low (50% and below median), and low-income (51 % to 80% median)
households through the provision of Downpayment Assistance, hereinafter called the "Project."
Project Description and Schedule of Completion:
Use of HOME funds:
Provision of direct assistance to buyers - down payment loan,
selling a home at a price below fair market value, principal
reduction, and/or prepay and closing cost assistance. Program
may be city-wide or limited to areas targeted for revitalization.
Role of Subrecipient:
Program marketing, intake and screening of prospective
homebuyers, thorough buyer underwriting, income calculation
and documentation, executing required agreements with
buyers, recordkee in , and ensuring long-term compliance.
Role of Lead Entity:
Final buyer underwriting and approval. Data entry into IDIS.
Date funds must be
December 31, 2015
committed:
Date funds must be
June 30, 2016
expended:
The Subrecipient acknowledges and agrees that time is of the essence in this Agreement.
HOME funds uncommitted as of December 31, 2015 will be reallocated by the Lead Entity to a
CHDO development project or Downpayment Assistance in 2016.
All project work will be completed no later than June 30, 2016. Failure to complete the project as
agreed upon, or to comply with HOME Program and other applicable local, state or federal
requirements, can result in a breach of this Agreement and cause any HOME funds drawn or
incurred to become immediately due and repayable to the City of Richland, Lead Entity for the
Tri -Cities HOME Consortium.
Section 3 — Sources and Uses of Funds (92.504)
The total amount of HOME Funds to be allocated to this Downpayment Assistance Project is
$200,000 plus Program Income earned in fiscal year. The Project will use a combination of
HOME Funds from consortium fiscal year (Jan -Dec) 2014 and unallocated HOME Funds.
The Subrecipient will grant up to a maximum of $10,000 in funds to individuals in an amount
sufficient to make the homes affordable per underwriting guidelines established by the
Consortium. The Subrecipient, and/or Consortium Member, will be named as mortgagee on the
properties secured by a recorded Deed and Note as required by 24 CFR 92.254 for a period not
less than the period of affordability. The HOME funds shall be no lower in priority than second
position on the property unless prior written authorization is granted by the Consortium. The
property must be used as the household's primary residence during the term of the HOME
Program loan for both homebuyer and homeowner projects.
DPA Subrecipient Agreement Pasco 2014 Page 3 of 22
Section 4 — Income Eligibility (5.609)
Homebuyers assisted with HOME funds must have household incomes at or below 80% of Area
Median Income, as published annually by the Department of Housing and Urban Development.
Income documentation will be in a form consistent with HOME requirements as stated in the
HUD handbook "Technical Guide for Determining Income and Allowances Under the HOME
Program," 24 CFR Part 5. Documentation of household income must be examined in
accordance with Consortium HAP guidelines and projected for the next 12 -month period to
determine income eligibility. Household income must be re-examined to determine continued
eligibility for the HOME Program if the loan closing or recordation of the Deed of Trust occurs
later than 6 months from initial income verification. All household members aged 18 or older
must certify their gross annual income, including household members who declare no income
and non -related adults sharing a household.
Section 5—Minimum HOME Investment (92.205(c))
Homeownership projects must meet the minimum per-unit subsidy amount at 24 CFR 92.205(c),
currently established as a minimum of one percent of the purchase price or $1,000, whichever is
greater.
Section 6 — Maximum HOME Investment (92.250)
The Consortium's maximum allowed Downpayment Assistance is $10,000 per household.
If Consortium HOME assistance is provided to a household that is receiving HOME assistance,
total HOME investment must not exceed the HOME subsidy limits set at 240% of the per unit
dollar limits established under Section 221(d)(3)(ii) of the National Housing Act (12 USC
17151(d)(3)(ii)) for elevator -type projects that apply to Area 4 Benton and Franklin counties (per
24 CFR 92.250). HUD periodically establishes this amount, and once known, the Lead Entity is
responsible for forwarding these limits to Subrecipient.
If Downpayment Assistance is provided to a buyer purchasing a home developed with HOME
funds, this activity must fall under the provisions of a HOME written agreement between the
Subrecipient and the Lead Entity separate from this Agreement.
Section 7 — Maximum Purchase Price (92.254(a)(2)
HOME funds are intended to provide modest housing. The maximum purchase price for existing
standard housing cannot exceed 95% of the median area purchase price for single family
housing in the jurisdiction as determined annually by HUD, or as determined by the Consortium
with written approval from HUD. A newly -constructed home may not exceed the maximum
purchase price limit as established annually by HUD. In addition, the purchase price of a
property may not exceed the appraised value of the property.
Section 8 — Displacement/Relocation Requirement (92.353) and URA
Any project that might displace a person, family, business, non-profit organization, or farm must
be approved by the Consortium prior to any commitment of HOME funds for the project, or of
entering into any type of agreement, whether verbal or written, with another party. Failure to
DPA Subrecipient Agreement Pasco 2014 Page 4 of 22
receive prior approval may cause the forfeiture/repayment of any and all sums under this
Agreement by the Subrecipient.
Section 9 — Environmental Review (92.352)
The effects of each activity related to the Project must be assessed in accordance with the
provisions of the National Environmental Policy Act of 1969 and the related authorities in 24
CFR Parts 50 and 58, and as detailed in 24 CFR 92.352. The Subrecipient must, prior to
committing or undertaking any activity that has physical impacts or limits the choice of
alternatives with respect to the Project, regardless of whether such activity is to be funded by
the HOME Program or other funds, comply, to the extent applicable, with the regulations found
at 24 CFR Part 58. For HOME activities involving only Downpayment Assistance, the 58.6
"Short Form" shall be completed to ensure that there is no environmental impact to the project.
Although the Consortium assumes overall responsibility for the environmental review, the
Subrecipient agrees to assist in providing information relating to the environmental review. All
applicable environmental review and mitigation requirements as provided in 24 CFR 58.5 must
be completed by the Lead Entity and approved by the U.S. Department of Housing and Urban
Development. The Subrecipient will abide by any special conditions, procedures and
requirements of the environmental review, and will advise the Consortium of any proposed
change in the scope of the Project or any change in environmental conditions in accordance
with 24 CFR 58.71(b).
The Subrecipient may not use any of the HOME Funds for acquisition or construction in
identified special flood hazard areas unless the Project is subject to the mandatory purchase of
flood insurance as required by Section 102(a) of the Flood Disaster Protection Act of 1973.
Failure to comply with this provision will cause an immediate cancellation of this Agreement and
forfeiture/repayment of HOME funds.
Section 10 — Disbursement of Funds (85.22)
The Subrecipient may request funds under this Agreement only when a written agreement (per
24 CFR 92.504(c)) has been fully executed, the funds are needed for payment of specific
allowable costs (per 24 CFR 92.206), and only in amounts needed to pay such costs as
identified in 24 CFR 85.22. The Subrecipient shall be reimbursed for eligible project costs after
review and approval by the Consortium of invoices, statements and other billings, supporting
documentation, and property inspection, if applicable. Upon prior approval from the Lead Entity,
the Consortium may pay a vendor or contractor directly.
Section 11 — Relationship
The relationship of the Subrecipient to the Consortium shall be that of an independent agency.
Nothing herein shall be deemed to create the relationship of employer/employee or
principal/agent between the parties.
Section 12 — Modifications and Amendments
This Agreement may only be amended in writing signed by the Consortium and the
Subrecipient. All modifications and amendments to this Agreement shall be in writing; such
DPA Subrecipient Agreement Pasco 2014 Page 5 of 22
modification or amendment shall not take effect until specifically approved in writing by the Lead
Entity of the Consortium and signed by all parties to this Agreement.
Section 13 —Waivers
No conditions or provisions of this Agreement shall be waived unless approved by the
Consortium in writing.
Section 14—Assignment
The Subrecipient shall not assign any interest in this Agreement, and shall not transfer any
interest in this Agreement to any party (whether by assignment or novation) without prior written
consent of the Consortium.
Section 15 — Severability
If any provision of this Agreement, or portion thereof, is held invalid by any court of rightful
jurisdiction, the remainder of this Agreement shall not be affected, providing the remainder
continues to conform to applicable Federal and State law(s) and regulations and can be given
effect without the invalid provision.
Section 16 — Insurance and Bonds
The Subrecipient and its employees, volunteers, contractors or consultants shall carry
throughout the life of this Agreement General Liability Insurance, Comprehensive Automobile
Liability Insurance, and other such coverage as may be appropriate or required by State or
Federal law, for the services to be performed. This insurance shall include the following:
Professional Legal Liabilitv: Subrecipient shall maintain Professional Legal Liability or
Professional Errors and Omissions coverage appropriate to the Subrecipient's
profession and shall be written subject to limits of not less than $1 million per claim and
$1 million policy aggregate limit. The coverage shall apply to liability for a professional
error, act, or omission arising out of the scope of the work for this Agreement. Coverage
shall not exclude bodily injury, hazards, or property damage related to the work in this
Agreement, including testing, monitoring, measuring operations, or laboratory analysis
where such services are rendered as part of the Agreement.
2. Worker's Compensation (Industrial Insurance): Workers' Compensation insurance as
required by Title 51 RCW shall be maintained, and Subrecipient shall provide evidence
of coverage if so required.
3. Commercial General Liabilitv: Commercial General Liability coverage shall be written on
ISO occurrence form CG 00 01 and shall cover liability arising from premises,
operations, independent contractors, personal injury and advertising injury. The
insurance shall include the Consortium, its members, officers, officials, employees and
agents with respect to performance of services, and shall contain no special limitations
on the scope of protection afforded as an additional insured. If this Agreement is over
$50,000 then Employers Liability Coverage shall also be maintained. Coverage shall
include limits of not less than $1 million per occurrence, and $2 million aggregate.
DPA Subrecipient Agreement Pasco 2014 Page 6 of 22
4. Automobile Liability: Business Automobile Liability insurance with a minimum combined
limit no less than $1 million per accident for bodily injury and property damage shall be
maintained. Coverage shall include owned, hired, leased, and non -owned automobiles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If deemed necessary, the policy
shall be endorsed to provide contractual liability coverage.
Insurance is to be placed with insurers with a current A.M. best rating of not less than A: VII.
Subrecipient shall furnish the Consortium with original certificates and a copy of the amendatory
endorsements, including, but not necessarily limited to, the additional insured endorsement,
evidencing the insurance requirements prior to the commencement of the work.
The insurance coverage shall be primary with respect to any insurance or self-insurance
covering the Consortium, its members, elected and appointed officers, officials, employees and
agents. Any insurance, self-insurance, or insurance pool coverage maintained by the
Consortium shall be excess of the Subrecipient's insurance and shall not contribute with it.
Subrecipient shall give 30 days' prior written notice by certified mail, return receipt requested, to
the Consortium prior to any attempt to cancel any insurance policy maintained under this
Agreement.
Section 17 — Procurement Standards (84.40-48 Non Profit or 85.36(b) Government)
If applicable to its Downpayment Assistance program, the Subrecipient will establish
procurement procedures to ensure that materials and services are obtained in a cost-effective
manner. At a minimum, the Subrecipient shall comply with the nonprofit procurement standards
at 24 CFR 84.40-48, or 24 CFR 85.36(b) for governmental entities.
Section 18 — Program Income (92.503) and Administrative Funds (92.207)
Program income must be remitted to the Lead Entity within thirty (30) days of receipt to assist
the Consortium from drawing additional funds from the U.S. Treasury. The Subrecipient will
provide information as to the Project that generated the funds. Subrecipient will be eligible to
use 10% of its own generated program income for administrative purposes, and the balance of
90% will be distributed to projects in accordance with the approved Annual Action Plan.
Section 19 — Match Requirement (92.218)
The HOME program requires a non -federally funded 25% match to funds drawn from the federal
government. The Subrecipient is required to document sources of match, both cash and in kind,
and submit this information quarterly to the Lead Entity. The Subrecipient is responsible for
tracking and reporting any HOME Match generated by its Downpayment Assistance Program.
As written in the Tri -Cities HOME Consortium Agreement:
Should the Consortium's accrued HOME Match balance fall below one full year's
Match obligation, each Member shall be responsible for generating the required match
based on their share of funds. If the Match cannot be supplied by the responsible
Member, then HOME funds and associated match obligation may be transferred to
another Member by Lead Entity. If a member fails to supply sufficient match, their
share of HOME funding may be reduced commensurate with the match deficiency, as
delineated in any related Subrecipient Agreements.
DPA Subrecipient Agreement Pasco 2014 Page 7 of 22
Section 20 — Period of Compliance/Period of Affordability (92.254(b)4 Owner or 92.252(e)
Rental
The HOME -assisted housing must meet the affordability requirements established at 24 CFR
92.254(4) for owner -occupied units, or for a period not less than specified in the following table:
Homeownership Assistance
HOME amount per unit*
Minimum Period of Affordability
In Years
Under $15,000
5
$15,000 to $40,000
10
Over $40,000 or rehabilitation involving
refinancing
15
This period of compliance is called the "Period of Affordability" for the Project, beginning after
the Project is completed and occupied by an eligible household, and without regard to the term
of the loan or the transfer of ownership, except as noted below. The terms of affordability and
reporting requirements must be conveyed to the owner.
Section 21 — Termination of Period of Affordability (92.254(a)(5)(i)(A)
The applicability of the regulations may be terminated upon foreclosure or transfer in lieu of
foreclosure. The applicability of the affordability regulations shall be revived according to the
original terms if during the original Period of Affordability, the owner of record, before the
foreclosure or deed in lieu of foreclosure, or any entity that includes the former owner or those
with whom the former owner has or had family or business ties, obtains an ownership interest in
the project or property. Subrecipient may use purchase options, rights of first refusal, or other
preemptive rights to purchase the housing before foreclosure in order to preserve affordability.
Section 22 — Recapture Requirements (92.254)
Section 215 of the HOME statute requires that to be classified as affordable housing, the
property must have an initial purchase price that does not exceed 95% of the median purchase
price for the area, the house must be the principal residence of an owner who qualifies as low
income (80% or below median as established annually by HUD) at the time of purchase, and be
subject to either resale or recapture provisions. The Consortium uniformly applies the recapture
provision to ensure affordability as set forth in 24 CFR 92.254(a)(4), and 24 CFR
92.254(a)(5)(ii)(A)(1) and (A)(2), and (A)(5). Homebuyer direct assistance including
downpayment, closing costs and other direct subsidies such as principal reduction, interest buy -
downs, etc. are subject to recapture provisions. It also includes any HOME investment that
reduced the initial purchase price from fair market value to an affordable price (direct subsidy),
and/or principal and interest balance.
Deed of Trust restrictions, promissory notes, and written agreements are required on each
HOME assisted unit during the period of affordability, with specific loan terms and conditions
established by the Consortium. These documents enforce the recapture provision throughout
the period of affordability, which starts when all funds have been drawn, information has been
entered into HUD's Integrated Disbursement and Information System (IDIS), and the Project
has been closed in IDIS.
DPA Subrecipient Agreement Pasco 2014 Page 8 of 22
Recapture is triggered by any transfer of title, either voluntary or involuntary, or if the housing
does not continue to be the principal residence of the family during the period of affordability.
This period is not contingent on loan terms and an amortization period.
If the property is not used as the primary residence yet is held in ownership by the HOME -
assisted owner, under recapture provisions the entire HOME investment must be repaid, less
any HOME Program principal repayments already made, but is not subject to prorated or other
reductions during the period of affordability.
Recaptured funds from the sale are determined by the amount of net proceeds available from
the sale. Net proceeds are defined as the sales price minus superior loan repayment (other than
HOME funds) and any closing costs. The amount recaptured will not exceed the total net
proceeds available. Funds that are recaptured from the sale or transfer of property during the
period of affordability must be immediately returned to the City of Richland, as Lead Agency of
the Consortium.
Recapture Provisions
The method the Tri -Cities HOME Consortium will use to structure its recapture provisions is as
follows:
Direct HOME Subsidy. The PJ recaptures the entire amount of the direct HOME subsidy
provided to the homebuyer before the homebuyer receives a return. The recapture
amount is limited to the net proceeds available from the sale of the property during the
period of affordability. If there are insufficient net proceeds available at sale, the
homebuyer is not required to repay the difference between the total direct HOME
subsidy and the amount that is available from net proceeds, and the PJ is not required to
pay the difference to HUD.
Example: A homebuyer receives $5,000 of direct HOME Downpayment Assistance to
purchase a home at zero percent interest. The homebuyer sells the home after three years,
during the required 5 -year period of affordability. The PJ would recapture, assuming there
are sufficient net proceeds, the entire $5000 direct HOME subsidy. The homebuyer would
receive any net proceeds in excess of $5,000.
The HOME Consortium will provide up to $10,000 in direct assistance to an eligible homeowner
for an eligible property. The direct assistance will be forgiven at the end of the five year period
of affordability.
The loan will become immediately due and payable to the HOME Consortium if any of the
following occurs during the duration of the loan: (1) the transfer or attempted transfer of an
interest in a portion or all of the Property, whether by sale, refinance, contract, assignment or
otherwise; (2) the death of all persons comprising the Borrower; (3) a default on any terms of
the First Subordinate Deed of Trust, the First Promissory Note or the First Deed of Trust; (4)
failure of the Borrower to use the Property continuously as the Borrower's principal or primary
residence; (5) the renting, leasing or subletting of the Property to any third party for any
purpose.
To preserve affordability, Consortium members may use purchase options, rights of first refusal,
or other preemptive rights to purchase previous HOME assisted housing prior to foreclosure or
at a foreclosure sale. HOME funds may not be used to repay a HOME loan or investment. The
DPA Subrecipient Agreement Pasco 2014 Page 9 of 22
additional HOME assistance, combined with the initial HOME investment, may not exceed the
maximum per unit subsidy limits established at 221(d)(3) for elevator construction. The
affordability restrictions may terminate upon foreclosure, transfer in lieu of foreclosure, or
assignment of an FHA insured mortgage to HUD. However, affordability restrictions must be
revived per the original terms if during the original affordability period, the owner of record,
before the termination event, obtains an ownership interest in the housing.
Section 24 — Property Standards (92.251)
All existing housing assisted with Homebuyer/Downpayment Assistance must be decent, safe,
sanitary, and in good repair. Acquisition of existing housing must be decent, safe, and sanitary,
meet Housing Quality Standards (HQS), pass a visual paint assessment if constructed prior to
1978, and meet local ordinances and zoning at the time of project completion. Homes must
meet all applicable Washington State and local City housing quality standards and code
requirements. If the property is new construction and not assisted with HOME funds during the
construction activities, it must have a Certificate of Occupancy issued prior to HOME
Homebuyer/Downpayment Assistance and loan closing.
Under the New HOME Final Rule, released in July 2013, homes must be free of any
deficiencies identified by HUD in the UPCS (pursuant to 24 CFR 5.705) based on the
inspectable items and inspected areas in HUD -determined physical inspection procedures. If
the housing does not meet these standards, the housing must be rehabilitated to meet the
standards or it cannot be acquired using HOME Downpayment Assistance funds. Note: Until
HUD issues specific guidance on OPCS standards, the property standard requirements in the
paragraph above will apply to all Projects.
Section 25 — Non -Discrimination and Equal Opportunity
The Subrecipient agrees that it will utilize and make available the HOME funds in conformity
with the non-discrimination and equal opportunity requirements set out in the HUD regulations in
the National Housing Affordability Act. These regulations include:
1. The requirements of the Fair Housing Act, 42 U.S.C. 3601-20, and implementing
regulations at 24 CFR Part 100; Executive Order 11063 (Equal Opportunity in Housing)
as amended by Executive Order 12259 and implementing regulations at 24 CFR 107;
and Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, and implementing
regulations at 24 CFR Part 1 (Nondiscrimination in Federally Assisted Programs);
2. The prohibitions against discrimination on the basis of age under the Age Discrimination
Act of 1975 (42 U.S.C. 6101-07) and the regulations at 24 CFR 146;
3. The prohibitions against discrimination on the basis of handicap under Section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR,
Part 8;
4. The requirements of the Executive Order 11246 (Equal Employment Opportunity) and
the regulations issued under the Order at 41 CFR Chapter 60;
5. The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12
U.S.C. 1702u (Employment Opportunities for Business and Lower Income Persons in
Connection with Assisted Projects); and
DPA Subrecipient Agreement Pasco 2014 Page 10 of 22
6. The requirements of Executive Orders 11625 and 12432 regarding Minority Business
Enterprise, and 12138 regarding women's Business Enterprise, and regulations
S.85.36(e) of Section 281 of the National Housing Affordability Act.
7. The requirements of Washington State law as found at RCW 49.60.
8. Equal Access to Housing in HUD Program Regardless of Sexual Orientation and Gender
Identity FR -5359 February 2012. Through this final rule, HUD implements policy to
ensure that its core programs are open to all eligible individuals and families based on
their need regardless of sexual orientation, gender identity, or marital status. This rule
follows a January 24, 2011 proposed rule which noted evidence suggesting that lesbian,
gay, bisexual, and transgender (LGBT) individuals and families are being arbitrarily
excluded from housing opportunities in the private sector. The rule clarifies that
individuals and families may not be excluded from participation because one or more
members of the household may be an LGBT individual, have an LGBT relationship, or
be perceived to be such an individual or in such relationship. Owners and operators of
HUD assisted housing or housing financed or insured by HUD may not inquire about the
sexual orientation or gender identity of the applicant for, or occupant of, the dwelling,
whether renter or owner occupied.
Section 26—Affirmative Marketing (92.351(a), MBE/WBE Records (92.351(b) and 85.36(e)
and Reports)
The Consortium's policy is to provide information and attract eligible persons to available
housing without regard to race, color, national origin, sex, religion, familial status (persons with
children under 18 years of age, including pregnant women), or disability. The procedures
followed are intended to further the objectives of Title VIII of the Civil Rights Act of 1968 (Fair
Housing Act), and Executive Order 11063, which prohibits discrimination in the sale, leasing,
rent and other disposition of properties and facilities owned or operated by the federal
government or provided with federal funds.
In accordance with the Affirmative Marketing regulations of the HOME Program 24 CFR
§92.351, the Consortium has established an "Affirmative Marketing Plan" to ensure that all
Subrecipient who are allocated HOME Funds employ a marketing plan that promotes fair
housing and ensures outreach to all potentially eligible households, especially those least likely
to apply for assistance.
Affirmative marketing steps will be taken by the Subrecipient to provide information and
otherwise attract eligible persons in the housing market area to the available housing without
regard to race, color, national origin, sex, religion, familial status or disability. A detailed
affirmative marketing plan must be submitted to the Lead Entity of the Tri -Cities HOME
Consortium at the start of the Project. The Subrecipient will document and provide data on the
outreach steps taken.
Reports will be provided in accordance with 92.508(3) that gives a description of each project
assisted, including the location, form, and term of assistance.
DPA Subrecipient Agreement Pasco 2014 Page 11 of 22
Section 27 — Lead -Based Paint
The Subrecipient must comply with the U.S. Department of Housing and Urban Development
Lead -Based Paint Regulations (24 CFR Part 35) issued pursuant to the Lead -Based Paint
Poisoning Prevention Act (42 U.S.C. Sections 4821-4846, et seq.) and the Residential Lead -
Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856) requiring elimination of
immediate lead-based paint hazards in residential structures; and notification of the hazards of
lead-based paint poisoning to purchasers and/or owners of residential structures constructed
prior to 1978. Properties must pass the lead-based paint visual inspection (if home built prior to
1978). The Subrecipient will be responsible for conducting a visual inspection of any homes built
prior to 1978 to identify any potential issues with lead-based paint. Should the visual inspection
identify potential issues, the prospective buyer will be informed, and the buyer and/or seller shall
be responsible for all lead-based paint testing, required repairs using safe work practices or a
certified lead-based paint abatement firm, and a clearance exam.
Section 28- Reimbursement for Project Costs
The Lead Entity shall reimburse the Subrecipient for the following documented costs:
1. Direct Assistance to Eligible Homebuyers: The Lead Entity shall reimburse the
Subrecipient for HOME Downpayment Assistance provided to eligible buyers for eligible
home purchases as delineated in this Agreement.
2. Proiect Delivery Costs: The Lead Entity shall reimburse the Subrecipient for eligible
project delivery costs as defined in Section II of this Agreement. Staff hours and all other
costs must be thoroughly documented to be fully reimbursed.
3. Administrative Costs for Projects that do NOT go forward: If costs are incurred for a
project/homebuyer that does not result in a HOME assisted unit those costs then
become the financial responsibility of the Subrecipient and will not be reimbursed by the
Lead Entity.
The Subrecipient shall submit requests for reimbursement of eligible costs, along with all
appropriate documentation to the Lead Entity within 60 days of loan closing. Failure to submit
requests for reimbursement shall result in those costs becoming the financial responsibility of
the Subrecipient.
Section 29 — Conflict of Interest (92.356)
Generally, no employee, agent, member, consultant, officer or elected or appointed official of
the members in the Consortium or Subrecipient who exercises or has exercised any functions or
responsibilities with respect to any activities that are in any way connected with the decision to
provide the HOME Funds may obtain a financial interest, reside in, or benefit from those
activities, or have an interest in any contract, subcontract or agreement with respect thereto, or
the proceeds thereunder, either for themselves or those with whom they have family or business
ties, during their tenure or for one year thereafter as stated in 24 CFR 92.356, and the
Subrecipient must take appropriate steps to assure compliance.
Section 30 — Records (92.508)
Project beneficiary information pertaining to household size, income levels, racial/ethnic
characteristics, disability status, household composition, female head of household composition,
DPA Subrecipient Agreement Pasco 2014 Page 12 of 22
and any other information required by the Consortium and HUD, will be collected and
documented in an individual and cumulative manner. Project management records must be kept
which demonstrate compliance with this Agreement and related regulations of the HOME
Program 24 CFR 92.
Records must be kept by the Subrecipient and be made available to the Consortium that
demonstrate compliance with this Agreement and with 24 CFR 92.508. Records must be
maintained for at least five (5) years after the Project completion date, except for documents
imposing recapture restrictions, which must be retained for five (5) years after the expiration of
the period of affordability, as specified above, or as any of the following apply:
1. Records that are the subject of audit findings must be retained for three (3) years after
such findings have been resolved;
2. Records for non -expendable property (as defined in OMB Circular #A-110 for non-profit
organizations) shall be retained for three (3) years after its final disposition.
If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started
before the expiration of the required record retention period, records must be retained until
completion of the action and resolution of all issues which arise from it, or until the end of the
required period, whichever is later.
Upon request, the Subrecipient agrees to immediately provide to the Lead Entity any and all
information to document compliance with the HOME Program and related laws, rules,
regulations and policies.
Section 31 — Public Records
The Subrecipient understands that this Agreement is subject to public records disclosure
pursuant to RCW 42.56 and agrees to timely provide documents as required by law. The
Subrecipient shall indemnify, defend and hold harmless the Lead Entity of the Consortium for
any liability arising out of the Subrecipient's failure to produce public records as required.
Section 32 — Monitoring
At least annually, or more often if deemed necessary, the Lead Entity will monitor the
performance of the Subrecipient to assure compliance with the requirements of this Agreement.
The review may include on-site inspections and review of records to determine compliance with
this Agreement through the contract period. Monitoring forms primarily used can be found at:
hh»://portal.hud.gov/hudportal/HUD?src=/program offices/administration/hudclips/handbooks/cod/6509 2
Chapter 7 for the HOME Investment Partnership Program.
The Subrecipient agrees to provide any and all information to the Consortium to assist in
meeting administrative and monitoring requirements, including reporting progress of the Project
in IDIS. The Subrecipient agrees to work cooperatively with the Consortium to assist in meeting
its obligations to HUD.
Any duly authorized representative of the U.S. Department of Housing and Urban Development,
authorized federal or state agent, or the Consortium shall at all reasonable times have access to
and the right to inspect, copy, audit, and examine all books, records and other documents
relating directly to the Subrecipient's receipt and disbursement of the HOME funds, as well as
DPA Subrecipient Agreement Pasco 2014 Page 13 of 22
access to the project site(s) and all project records. The Subrecipient agrees to immediately
correct any deficiencies as noted by the Lead Entity, HUD, and/or other authorized entities.
The Subrecipient agrees to assist and cooperate with the Consortium in monitoring each
housing unit for principal residency as provided in 24 CFR 92.254(a)(3) upon completion of the
project and during the period of affordability.
Section 33 — Financial Responsibility and Timeliness of Reimbursement Requests
The Subrecipient agrees that it is financially and legally responsible for any monitoring/audit
exception which occurs due to its negligence or failure to comply with the terms of this
Agreement and/or HOME regulations. As provided in Section 28 regarding Reimbursement, the
Subrecipient acknowledges that failure to submit reimbursement requests with all appropriate
supportive documentation within 60 days of loan closing and direct assistance to the homebuyer
shall result in those costs becoming the financial responsibility of the Subrecipient.
The Subrecipient further acknowledges that if costs are incurred for a project/homebuyer that
does not result in a HOME assisted unit, those expenditures may be reimbursed from the
Subrecipient's administration funds derived from program income generated by other HOME
projects. If the Subrecipient has no balance of HOME program income from which such costs
can be reimbursed, those costs then become the financial responsibility of the Subrecipient and
will not be reimbursed by the Lead Entity.
Section 34 — Indemnification
The Subrecipient will save and hold harmless and indemnify the Lead Entity against any and all
liability, claims and costs of whatever kind and nature for injury to or death of any person or
persons, and for loss or damage to any property, occurring in connection with or in any way
incident to or arising out of activities undertaken under this Agreement. Further, Subrecipient
shall reimburse the Lead Entity for all costs incurred in connection with a negative audit finding
resulting from Subrecipient's negligent or willful mismanagement of HOME funds, or its
negligent or willful disregard for the laws, rules and regulations governing the HOME Investment
Partnership Program.
Section 35 — Corrective and Remedial Action
Subrecipient will immediately correct or cause to be immediately corrected any and all actions
or performance deficiencies in the Project as may be determined by the Lead Entity, or the U.S.
Department of Housing and Urban Development (HUD). Failure to correct such actions or
performance deficiencies within thirty (30) days from written notification from the Lead Entity
shall result in suspending all HOME -funded projects, the cancellation of this Agreement and
other HOME Program contracts, the reprogramming of HOME funds to other eligible activities,
and/or the repayment of the HOME funds from non-federal sources.
Section 36 — Attorney's Fees and Costs
In the event of a lawsuit between the parties to this Agreement, the prevailing party shall be
entitled to recover judgment against the other party for reasonable attorney's fees and other
costs either at trial or on appeal. If either party exercises any non -judicial right or remedy to
enforce such party's rights hereunder, it shall be a condition for the cure of the default that the
defaulting party will pay the non -defaulting party's reasonable attorney's fees incurred and all
DPA Subrecipient Agreement Pasco 2014 Page 14 of 22
reasonable costs. Failure to pay such costs and reasonable attorney's fees shall constitute an
event of default under this Agreement.
Section 37 — Venue and Law
Except where federal law controls, this Agreement shall be governed by the laws of the State of
Washington. Venue for any action under this contract shall be in Benton County, Washington.
Section 38 — Suspension or Termination of Agreement
The Consortium may cancel this Agreement "for cause' or "not for cause" by providing written
30 days' notice by certified mail, return receipt requested, to the other signatory members of this
Agreement.
There are three (3) separate methods of suspension or termination of this Agreement:
By fulfillment. The Agreement will be considered to be terminated upon fulfillment
of its terms and conditions.
ii. By mutual consent. The Agreement may be terminated or suspended in whole or
in part, at any time, if both parties consent to such termination or suspension.
The conditions of the suspension or termination shall be documented by giving a
minimum of thirty (30) days' written notice.
iii. For cause. The Consortium may suspend or terminate this Agreement in whole
or in part, for cause, when the Subrecipient has failed in whole or in part to meet
its commitments and obligations as outlined, and when the Consortium deems
continuation to be detrimental to its interest. Failure to carry out the project as
described and in compliance with HOME Program regulations found at 24 CFR
92 shall be deemed a failure to perform, and cause the immediate relinquishment
of any interest in future HOME funds and/or require repayment of expended
HOME funds.
In the event of suspension, the Consortium will notify the Subrecipient in writing of the corrective
action required. Further payment may be withheld at the Consortium's discretion until the
Subrecipient causes corrective action or the Agreement is terminated.
For cause" includes:
a. Failure to comply with the terms and conditions of this Agreement, or to
substantiate compliance;
b. Improper or illegal use of project funds or resources;
C. Any illegal act by the Subrecipient and its representatives;
Failure to submit required reports on or before the due date or failure to
document compliance with the terms and conditions contained herein.
In the event of termination, the Lead Entity will notify the Subrecipient in writing of its
determination to terminate, the reason for such termination, and the effective date of the
DPA Subrecipient Agreement Pasco 2014 Page 15 of 22
termination. Payments made to the Subrecipient or recoveries by the Consortium will be in
accordance with the legal rights and liabilities of the parties. Recoveries include all HOME funds
on hand at the time of Agreement termination, any accounts receivable attributable to the use of
HOME funds, and any other assets acquired with HOME funds.
Actions by either party under this article shall not constitute a waiver of any claim by either party
arising from conditions or situations leading to such suspension or termination.
HOME funds not committed to specific projects as of the termination date will be relinquished to
the Consortium for redistribution to other qualified projects.
Section 39 — Dispute Resolution
The Lead Entity and the Subrecipient agree to negotiate in good faith for a period of 30 days
from the date of notice of all disputes between them prior to exercising their legal rights under
this Agreement or other law. All disputes not resolved by negotiation between the parties may
be arbitrated only by mutual agreement of the parties. If not mutually agreed to resolve the claim
by arbitration, the claim will be resolved by legal action. Arbitration of all claims will be in
accordance with the RCW 7.04A and the mandatory rules of arbitration with venue being placed
in Benton County, Washington. Arbitration shall include an award to the prevailing party of its
reasonable attorney fees and costs in action against the other.
Section 40 — Written Agreement with Homebuyers (92.504(a))
In accordance with the provisions of 24 CFR 92.504(c)(5), when assistance is provided to a
homebuyer or homeowner, a written agreement separate from deeds, promissory notes, or
other security instruments must be entered into that includes, at a minimum:
For homebuyers, the agreement must conform to the requirements in 92.254(a)
and specify the value of the property, principal residence, recapture provisions,
and lease -purchase, if applicable. The agreement must specify the amount of
HOME funds, the term and form of assistance whether grant or loan, the use of
the funds for down payment, closing costs, rehabilitation, etc., and the date by
which the housing must be acquired.
For homeowners, the written agreement must conform to the requirements in
92.254(b) and specify the amount, term, and form of HOME assistance,
rehabilitation work to be undertaken, roles and responsibilities, date for
completion, and property standards to be met.
The approved written agreement shall be provided to the Subrecipient by the Lead Entity
Section 41 - Debarment and Suspension (2 CFR 2424)
The Subrecipient may not award or permit an award of a contract to any party which is
debarred, suspended or ineligible to participate in a federal program. The Subrecipient certifies
that it is not debarred, suspended or ineligible to participate in a federal program. The
Subrecipient will submit to the Consortium the names of contractors and any subcontractors
prior to signing contracts to ensure compliance with 24 CFR Part 24, "Debarment and
Suspension." The Subrecipient will also assure that language pertaining to debarred,
suspended or ineligibility to participate is inserted in all contract agreements. If, during the time
DPA Subrecipient Agreement Pasco 2014 Page 16 of 22
of this Agreement, the Subrecipient is debarred, suspended or ineligible to participate in a
federal program, the Consortium may terminate this Agreement for cause.
Section 42 — Financial Management and Audits (92.506)
The Subrecipient shall adhere to the generally accepted accounting principles and procedures
issued by the American Institute of Certified Public Accountants, and will utilize adequate
internal controls and maintain necessary source documentation for all costs incurred. The
Subrecipient shall comply with cost principles as established by OMB Circulars A-87, relocated
to 2 CFR, Part 225, and with administrative requirements at A-102 if a state, local government,
or Indian tribe. If the Subrecipient is a non-profit organization, it will comply with cost principles
of OMB Circular A-122, relocated to 2 CFR, Part 230, and administrative requirements
established at OMB Circular A-110. All costs must be reasonable and necessary.
The Subrecipient shall also comply with auditing standards issued by the Comptroller General of
the United States and be conducted in accordance with 24 CFR 84.26 and 85.26. All
subrecipients who expend $500,000 or more in a year in federal awards, whether a direct
subrecipient of this Agreement or a sub-subrecipient receiving federal funds through a pass-
through entity, shall have a single audit conducted for that year in accordance with the provision
of OMB A-133, Subpart B. When a Subrecipient expends federal awards under only one federal
program, excluding Research and Development performed by a non-federal entity, and the
program's laws, regulations, or grant agreements do not require a financial statement audit, the
subrecipient may elect to have a program -specific audit conducted in accordance with Subpart
B, Section 235. A program -specific audit may not be elected for Research and Development
unless all of the federal awards expended were received from the same federal agency, or the
same federal agency and the same pass-through entity, and that federal agency, or pass-
through entity approves in advance a program -specific audit. The audit must be conducted
within 60 days of completion of this Agreement.
Non-federal entities who expend less than $500,000 a year in federal awards are exempt from
federal audit requirements for that year, except this does not limit the authority of federal
agencies, including HUD, Inspectors General, or General Accounting Office to conduct or
arrange for additional audits. All records shall be made available for review or audit by
appropriate local, state and federal entities.
Section 43 — Title Insurance
The title policy will name the Consortium as a beneficiary. For acquisition projects not involving
any type of construction, the Subrecipient may request a copy of the first lien right lender's title
insurance policy. Ownership must be fee simple.
Section 44 — DUNS Number
A Dun and Bradstreet Data Universal Numbering System (DUNS) number is required for any
business or agency that receives federal assistance per the Federal Funding Accountability and
Transparency Act of 2006 (FFATA). The Subrecipient will provide information on itself, will
assure that all assisted agencies/businesses have been assigned a DUNS number, and shall
provide this information to the Lead Entity. A free DUNS number may be requested via the web
at htto://fedgov.dnb.com/webform/index.isi) or by calling 1-866-705-5711.
DPA Subrecipient Agreement Pasco 2014 Page 17 of 22
Section 45 — SAM Registration
The Federal Funding Accountability and Transparency Act of 2006, as amended (FFATA)
requires the Office of Management and Budget (OMB) to maintain a single, searchable website
that contains information on all federal spending awards. As part of this, all agencies/businesses
that meet the following thresholds must register in SAM and report to the Consortium if they
had:
a) A gross income from all sources over $300,000 in the agency's previous tax year;
and
b) Are awarded HOME funds of $25,000 and over.
This information must be reported to the Consortium within five (5) days of signing this
Agreement. Free registration can be obtained at hftps://www.sam.gov/portal/public/SAM/.
Because this registration expires annually, it must be updated and kept current during the
contract period. The Subrecipient will provide information on itself and will assure that all
assisted agencies/businesses have registered and remain current in SAM. Additional
information is required if more than 80% of annual gross revenues of $25 million or more come
from the federal government, and employee and compensation information is not already
available through reporting to the SEC.
Section 46 — Assessment of Homebuyer Underwriting
Before a Subrecipient enters into a legally binding written agreement to provide 2012 and later
HOME funds for downpayment assistance, the Subrecipient will assist the Lead Entity in
conducting an underwriting review to ensure adequate need for HOME assistance. For all 2012
projects, the Subrecipient must certify to the Consortium that it has fully executed a written
agreement with a homebuyer that meets the requirements of the HOME regulations, and that all
statements and claims made are true and correct.
Section 47 — Reversion of Assets
Upon expiration of this Agreement, any HOME funds or accounts receivable that can be
attributed to the use of HOME funds will revert to the Lead Entity of the Consortium. Should the
Consortium Member stop participating in consortium programs or fail to perform in compliance
with program requirements, assets are subject to reversion to the Lead Entity.
Section 48 — Drug Free Workplace
In accordance with the Drug Free Workplace Act of 1988, Subrecipient will, or will continue to,
provide a drug-free workplace by:
Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace,
and specifying the actions that will be taken against employees for violation of such
prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about:
a) The dangers of drug abuse in the workplace;
DPA Subrecipient Agreement Pasco 2014 Page 18 of 22
b) The Subrecipient/employer's policy of maintaining a drug-free workplace;
C) Any available drug counseling, rehabilitation, and employee assistance
programs; and
d) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
3. Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of
employment under the grant, the employee will:
a) Abide by the terms of the statement; and
b) No later than five (5) calendar days after such conviction, notify the employer in
writing of his or her conviction for a violation of a criminal drug statute occurring
in the workplace;
5. Notifying the agency in writing within ten (10) calendar days after receiving notice under
subparagraph 4(b) from an employee, or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position
title, to every grant officer or other designee on whose grant activity the convicted
employee was working, unless the federal agency has designated a central point for the
receipt of such notices. Notice shall include the identification number(s) of each affected
grant;
Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph 4(b), with respect to any employee who is so convicted:
a) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act
of 1973, as amended; or
b) Requiring such employee to participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such purposes by a federal, state, or local
health, law enforcement, or other appropriate agency;
Making a good faith effort to continue to maintain a drug-free workplace by
implementation and enforcement of this article while carrying out all HOME Program -
related activities.
Section 49 — Anti -Lobbying Certification
To the best of the signatory party's knowledge and belief:
No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and the extension,
DPA Subrecipient Agreement Pasco 2014 Page 19 of 22
continuation, renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement;
If any funds other than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with this federal contract, grant, loan, or cooperative agreement, it will complete and
submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions; and
The language of the above paragraphs of this anti -lobbying certification must be included in the
award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and
contracts under grants, loans, and cooperative agreements) and all subrecipients/sub-
subrecipients shall certify and disclose accordingly.
The signatory parties are in compliance with restrictions on lobbying required by 24 CFR Part
87, together with disclosure forms, if required by that part.
Section 50 — Uniform Administrative Requirements (92.505)
Governmental subrecipients must comply with OMB Circular A-87 for determining allowable
costs and the following sections of 24 CFR Part 85:
85.6 Additions and Exceptions
85.12 Special Grant or Subgrant Conditions for "high-risk" Grantees
85.20 Standards for financial management systems
85.22 Allowable costs
85.26 Non -Federal Audit
85.32 Equipment
85.33 Supplies
85.34 Copyrights
85.36 Procurement
85.44 Termination for Convenience
85.51 Later Disallowances and Adjustments
85.52 Collection of Amounts Due
Nonprofit (nongovernmental) subrecipients must comply with OMB Circular A-122 and the
following section of 24 CFR Part 84:
84.2 Definitions
84.5 Subawards
84.13 Debarment and suspension; Drug -Free Workplace
84.14 Special Award Conditions
84.15 Metric System of Measurements
84.16 Resource Conservation and Recovery Act
84.21 Standards for Financial Management Systems
84.22 Payment
84.26 Non -Federal Audits
84.27 Allowable Costs
84.28 Period of Availability
DPA Subrecipient Agreement Pasco 2014 Page 20 of 22
84.30 Purpose of Property Standards
84.31 Insurance Coverage
84.34 Equipment
84.35 Supplies and Other Expendable Property
84.36 Intangible Property
84.37 Property Trust Relationship
84.40 Purpose of Procurement Standards
84.41 Recipient Responsibilities
84.42 Codes of Conduct
84.43 Competition
84.44 Procurement Procedures
84.45 Cost and Price Analysis
84.46 Procurement Records
84.47 Contract Administration
84.48 Contract Provisions
84.51 Monitoring and Reporting Program Performance
84.52 Financial Reporting
84.53 Retention and Access Requirements for Records
84.60 Purpose of Termination and Enforcement
84.61 Termination
84.62 Enforcement
84.72 Subsequent Adjustments and Continuing Responsibilities
84.73 Collection of Amounts Due
Section 51 — Homeownership Assistance Program (HAP)
Subrecipient agrees that it will follow and comply with Consortium -adopted HAP Guidelines 8.13
and forms, which may be modified periodically by Consortium members with Lead Entity final
approval.
FORM #
FORM E:
01
Borrower(s) Application
01a -Non Borrower Certification of Income
01 b- Borrower/Applicant Release of Information
02
Addendum to Sales Agreement
Notice of Voluntary Arm's Length Transaction
03
Addendum to Sales Agreement
3a-HQS Inspection and Visual LBP Inspection (pre -1978)
3b-HQS Inspection post -1978
04
Seller Disclosure Fair Market Value
05
Needs Assessment
06
Financial Records Disclosure
07
Employment Security Department. Self -Request for Records
08
Verification of Employment (VOE)
09
4506-T Request for Transcript of Tax Return
10
Initial Disclosures/Final Disclosures
11
Initial Disclosure Letter
12
Protect Your Family From Lead In Your Home Notification Pamphlet EPA
DPA Subrecipient Agreement Pasco 2014 Page 21 of 22
13
Fair Housing — E ual Opportunity for All Notification Pamphlet
14
For Your Protection: Get a Home Inspection
15
Homebu er Agreement
16
17
HOME Activity Funding Certification
18a
Commitment Letter
18b
Denial Letter
19
Visual Inspection Form
20
HQS Inspection Form
20a-HQS Homebuyer Self -Certification for Kitchen Appliances
21
Lead Safe Housing Requirements Screening Worksheet
22
Escrow Closing Instructions
23
Correction Agreement
24
Deed of Trust
25
Promissory Note
261
Individual Loan Data Form
271
Subsidy Layering Review—Acquisition Only
28 1
Sources/Uses Statement
The Agreement will be effective upon the date of signing by the City of Richland, Lead Entity of
the Tri -Cities HOME Consortium.
SUBRECIPIENT:
Signature Date
Print Name and Title
APPROVED AS TO FORM:
Heather Kintzley, City Attorney
City of Richland
CONSORTIUM:
Tri -Cities HOME Consortium
P.O. Box 190, MS 19
Richland, WA 99352
Cynthia D. Johnson, City Manager Date
City of Richland
DPA Subrecipient Agreement Pasco 2014 Page 22 of 22
TRI -CITIES HOME CONSORTIUM
SUBRECIPIENT WRITTEN AGREEMENT
GOVERNING ADMINISTRATIVE FUNDS
This HOME Program Subrecipient Agreement, hereinafter called "Agreement," has been
made and entered into as of the _day of , 20_, between the City of
Richland, Lead Entity of the Tri -Cities HOME Consortium, 505 Swift Avenue, Richland,
Washington, hereinafter referred to as "Consortium" or "Lead Entity', and
a member City of the Consortium, whose address is
hereinafter referred to as "Subrecipient." This Agreement is authorized
by Title II, Sections 216 and 217 of the Cranston -Gonzalez National Affordable Housing Act of
1990, as amended, and the correlating federal regulations found at 24 CFR Part 92, together
known as the HOME Investment Partnerships (HOME) Program.
W -1 -T -N -E -S -S -E -T -H:
I. RECITALS
WHEREAS, the Federal Government has made funds available to the Consortium
pursuant to the HOME Program CFDA 14.239 to increase the number of families, especially low
income families, served with decent, safe, sanitary and affordable housing, and to expand the
long term supply of affordable housing; and
WHEREAS, the HOME Program authorizes contracts with public agencies to carry out
the objective identified above; and
WHEREAS, the City of Richland has been designated as the Lead Entity of the Tri -Cities
HOME Consortium as delineated in the "Tri -Cities HOME Consortium Agreement"; and
WHEREAS, projects overseen by a Consortium Member acting as a Subrecipient may
generate HOME Program Income, ten percent (10%) of which may be utilized for administrative
costs incurred by the Subrecipient: and
WHEREAS, Consortium Members will be equally responsible for Lead Entity
administrative shortfalls; and
WHEREAS, the Lead Entity is responsible for the distribution of administrative funds
generated by HOME Program Income to the subrecipient when the Subrecipient's HOME
activities generate program income; and
WHEREAS, the Lead Entity is also responsible for monitoring, reporting, and record-
keeping to assure compliance with federal regulations of the HOME Investment Partnership
Program; and
WHEREAS, HUD requires the Lead Entity to execute Subrecipient Agreements when
applicable;
HOME Subrecipient Agreement - Administrative Activities 2014 Page 1 of 14
NOW, THEREFORE, the parties, for and in consideration of the promises and mutual
obligations set forth below, agree as provided for in this Agreement.
II. Definitions
Section 1 — Definitions (92.2)
Consortium Agreement - An executed written agreement governing how the Consortium
operates and outlining the roles and responsibilities of the Lead Entity and Consortium
Members.
HOME Funds - The total amount of HOME Program dollars being provided to the Subrecipient
under this Agreement.
Lead Entitv - The unit of local government designated by the Tri -Cities HOME Consortium to act
in a representative capacity of all members for the purposes of this Agreement (City of
Richland). The Lead Entity will assume overall responsibility for ensuring that the Tri -Cities
HOME Consortium is administered and operates in compliance with the requirements of the
HOME Program. The Lead Entity serves as the official and primary contact between HUD and
the Tri -Cities HOME Consortium.
Program Income - Funds received by the Lead Entity or Subrecipient Administrators that are
directly generated by the use of HOME funds or matching contributions. Program income
includes, but is not limited to:
• Proceeds from the sale or long-term lease of real property acquired, rehabilitated or
constructed with HOME funds or matching contributions;
• Income from the use or rental of real property owned by the Lead Entity or Subrecipient
that was acquired, rehabilitated, or constructed with HOME funds or matching
contributions, minus the costs incidental to generating that income;
• Payments of principal and interest on loans made with HOME or matching funds, and
proceeds from the sale of loans or obligations secured by loans made with HOME or
matching contributions;
• Interest or other return on investment of HOME and matching funds;
• Interest on program income;
• Any other interest or return on the investment of HOME and matching funds.
Note: Recaptured HOME funds are the repayment of original HOME investments, and are not
technically program income.
Project Delivery Costs - Reasonable and necessary costs incurred by the Subrecipient and/or
Lead Entity associated with the development and/or financing of housing assisted with HOME
funds. These may include, but are not limited to, direct staff costs for work associated with a
specific address and costs for services required by private lenders.
Regulations - The requirements in 24 CFR Part 92 which govern the HOME Investment
Partnership Program and the use of HOME Funds, and all related and applicable OMB
HOME Subrecipient Agreement - Administrative Activities 2014 Page 2 of 14
Circulars, Codes, Regulations, State of Washington, and local requirements. Subrecipient
agrees to comply, and, as applicable, to require all third parties to comply with the requirements
of the regulations. Should anything in this Agreement be construed to conflict with HOME
regulations, the regulations shall prevail.
Subrecipient Administrator - HOME Consortium member(s) other than the non -Lead Entity who
perform some HOME administrative roles as delineated under separate, specific HOME written
Agreements. This term refers to the City of Kennewick and/or the City of Pasco.
Tri -Cities HOME Consortium - The particular Consortium operating under the HOME Program
consisting of the Cities of Kennewick, Pasco, and Richland. These three cities are each
"Consortium Members."
III. Agreement
Section 2 — Use & Amount of HOME Funds
Use of HOME At the Member's option, the allowable percentage (10%) of program
Funds: income generated by the Subrecipient HOME activities may be used
Administrative & by the Subrecipient to be applied towards eligible and allowable
planning costs administrative costs,
related to Eligible administrative costs include:
administering the
HOME Program and Staff Costs: Salaries, wages, and related costs of Subrecipient staff
HOME projects persons responsible for HOME Program administration.
Other Administrative Costs:
• Goods and services necessary for administration (such as
utilities, office supplies, etc.);
• Administrative services under third party agreements (such as
legal services);
Providing public information;
• Fair housing activities;
• Indirect costs under a cost allocation plan prepared in
accordance with applicable OMB Circular requirements;
• Preparation of the Consolidated Plan; and
• Complying with other Federal requirements;
NOTE: Some of the costs described above can be categorized as
either a project -related soft cost or an administrative cost.
Subrecipients must count each cost as either a project -related cost or
an administrative cost, but may not count a cost as both. In other
words, the Subrecipient cannot be reimbursed twice for the same
HOME Subrecipient Agreement - Administrative Activities 2014 Page 3 of 14
Amount of HOME
The Subrecipient may receive up to ten percent (10%) of the program
Funds:
income generated by HOME activities overseen and/or implemented
by the Subrecipient.
Administrative
Administrative costs over the allowable percentage of program
Costs Exceeding
income are the responsibility of the Subrecipient.
the Allowable 10%
Section 3 — Disbursement of Funds (85.22)
The Subrecipient may request funds under this Agreement only when a written agreement (24
CFR 92.504(c)) has been fully executed, the funds are needed for payment of specific allowable
costs (24 CFR 92.206), and only in amounts needed to pay such costs as identified in 24 CFR
85.22. The Subrecipient shall provide clear documentation of administrative costs to be
reimbursed by the HOME program. Documentation may include, but is not limited to, staff
timesheets, description of administrative activities conducted by staff, and receipts for supplies
and/or office rent. The Subrecipient shall be reimbursed for eligible administrative costs after
review and approval by the Lead Entity of invoices, statements, billings, and other supportive
documentation. Upon prior approval by the Lead Agency, the Consortium may pay a vendor or
contractor directly.
Section 4 — Subrecipient Administrator Responsibilities.
The Subrecipient Administrator shall be responsible for the following:
To supply to the Lead Entity, within fourteen (14) days after request, copies of all
documents which the Lead Entity is required to submit to HUD, including, but not limited to,
the Consortium Member's HOME -related Consolidated Planning Strategy and Annual
Action Plan.
To supply to the Lead Entity a written description(s) of their HOME program(s) prior to
contracting with another entity to deliver the program(s). Lead Entity retains final approval
and contracting authority. Descriptions should include:
o copies of program description
o listing of responsible staff for each step in the delivery of the program
o methods of affirmative marketing
o methods of procurement
o steps taken and standards imposed for the application and review process
leading to the award of funds
• To utilize Consortium -approved forms, policies, and procedures.
• To affirmatively further fair housing in their jurisdictions. Such actions may include planning,
education, outreach, and enforcement activities.
• To provide quarterly and annual performance reports to the Lead Entity regarding HOME
activities.
• To provide other documents as required by separate HOME written agreements governing
relationship between the Lead Entity and Members acting as Subrecipient Administrators.
HOME Subrecipient Agreement - Administrative Activities 2014 Page 4 of 14
Section 5 — Relationship
The relationship of the Subrecipient to the Consortium shall be that of an independent agency.
Nothing herein shall be deemed to create the relationship of employer/employee or
principal/agent between the parties.
Section 6 — Modifications and Amendments
This Agreement may only be amended in writing signed by the Consortium and the
Subrecipient. All modifications and amendments to this Agreement shall be in writing; such
modification or amendment shall not take effect until specifically approved in writing by the Lead
Entity of the Consortium and signed by all parties to this Agreement.
Section 7 — Waivers
No conditions or provisions of this Agreement shall be waived unless approved by the
Consortium in writing.
Section 8 — Assignment
The Subrecipient shall not assign any interest in this Agreement, and shall not transfer any
interest in this Agreement to any party (whether by assignment or novation) without prior written
consent of the Consortium.
Section 9 — Severability
If any provision of this Agreement, or portion thereof, is held invalid by any court of rightful
jurisdiction, the remainder of this Agreement shall not be affected, providing the remainder
continues to conform to applicable Federal and State law(s) and regulations and can be given
effect without the invalid provision.
Section 10 — Insurance and Bonds
The Subrecipient and its employees, volunteers, contractors or consultants shall carry
throughout the life of this Agreement, General Liability Insurance, Comprehensive Automobile
Liability Insurance and other such coverage as may be appropriate or required by State or
Federal law, for the services to be performed. This insurance shall include the following:
Professional Legal Liability: Subrecipient shall maintain Professional Legal Liability or
Professional Errors and Omissions coverage appropriate to the Subrecipient's
profession and shall be written subject to limits of not less than $1 million per claim and
$1 million policy aggregate limit. The coverage shall apply to liability for a professional
error, act, or omission arising out of the scope of the work for this Agreement. Coverage
shall not exclude bodily injury, hazards, or property damage related to the work in this
Agreement, including testing, monitoring, measuring operations, or laboratory analysis
where such services are rendered as part of the Agreement.
HOME Subrecipient Agreement - Administrative Activities 2014 Page 5 of 14
2. Worker's Compensation (Industrial Insurance): Workers' Compensation insurance as
required by Title 51 RCW shall be maintained, and Subrecipient shall provide evidence
of coverage if so required.
3. Commercial General Liability: Commercial General Liability coverage shall be written on
ISO occurrence form CG 00 01 and shall cover liability arising from premises,
operations, independent contractors, personal injury and advertising injury. The
insurance shall include the Consortium, its members, officers, officials, employees and
agents with respect to performance of services, and shall contain no special limitations
on the scope of protection afforded as an additional insured. If this Agreement is over
$50,000 then Employers Liability Coverage shall also be maintained. Coverage shall
include limits of not less than $1 million per occurrence, and $2 million aggregate.
4. Automobile Liability: Business Automobile Liability insurance with a minimum combined
limit no less than $1 million per accident for bodily injury and property damage shall be
maintained. Coverage shall include owned, hired, leased, and non -owned automobiles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If deemed necessary, the policy
shall be endorsed to provide contractual liability coverage.
Insurance is to be placed with insurers with a current A.M. best rating of not less than A: VII.
Subrecipient shall furnish the Consortium with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements prior to the commencement of the work.
The insurance coverage shall be primary with respect to any insurance or self-insurance
covering the Consortium, its members, elected and appointed officers, officials, employees and
agents. Any insurance, self-insurance, or insurance pool coverage maintained by the
Consortium shall be excess of the Subrecipient's insurance and shall not contribute with it.
Subrecipient shall give 30 days' prior written notice by certified mail, return receipt requested, to
the Consortium prior to any attempt to cancel any insurance policy maintained under this
Agreement.
Section 11 — Procurement Standards (84.40-48 Non Profit or 85.36(b) Government)
If applicable to its HOME administration activities, the Subrecipient will establish procurement
procedures to ensure that materials and services are obtained in a cost-effective manner. At a
minimum, the Subrecipient shall comply with the nonprofit procurement standards at 24 CFR
84.40-48, or 24 CFR 85.36(b) for governmental entities.
Section 12 — Conflict of Interest (92.356)
Generally, no employee, agent, member, consultant, officer or elected or appointed official of
the members in the Consortium or Subrecipient who exercises or has exercised any functions or
responsibilities with respect to any activities that are in any way connected with the decision to
provide the HOME Funds may obtain a financial interest, reside in, or benefit from those
activities, or have an interest in any contract, subcontract or agreement with respect thereto, or
the proceeds thereunder, either for themselves or those with whom they have family or business
ties, during their tenure or for one year thereafter as stated in 24 CFR 92.356, and the
Subrecipient must take appropriate steps to assure compliance.
HOME Subrecipient Agreement - Administrative Activities 2014 Page 6 of 14
Section 13 — Records (92.508)
Records documenting time and costs related to HOME administration must be kept which
demonstrate compliance with this Agreement and related regulations of the HOME Program 24
CFR 92.
Records must be kept by the Subrecipient and be made available to the Consortium that
demonstrate compliance with this Agreement and with 24 CFR 92.508. Records must be
maintained for at least five (5) years after expenditure of administrative funds, except when any
of the following apply:
Records that are the subject of audit findings must be retained for three (3) years after
such findings have been resolved;
2. Records for non -expendable property (as defined in OMB Circular #A-110 for non-profit
organizations) shall be retained for three (3) years after final disposition of the property.
If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started
before the expiration of the required record retention period, records must be retained until
completion of the action and resolution of all issues which arise from it, or until the end of the
required period, whichever is later.
Upon request, the Subrecipient agrees to immediately provide to the Lead Entity any and all
information to document compliance with the HOME Program and related laws, rules,
regulations and policies.
Section 14 — Public Records
The Subrecipient understands that this Agreement is subject to public records disclosure
pursuant to RCW 42.56 and agrees to timely provide documents as required by law. The
Subrecipient shall indemnify, defend and hold harmless the Lead Entity of the Consortium for
any liability arising out of the Subrecipient's failure to produce public records as required.
Section 15 — Monitoring
At least annually, or more often if deemed necessary, the Lead Entity will monitor the
performance of the Subrecipient to assure compliance with the requirements of this Agreement.
The review may include on-site inspections and review of records to determine compliance with
this Agreement through the contract period. Monitoring forms primarily used can be found at:
http://portal.hud.gov/hudportal/HUD?src=/i)rogram offices/administration/hudclios/handbooks/cod/6509 2
Chapter 7 for the HOME Investment Partnership Program.
The Subrecipient agrees to provide any and all information to the Consortium to assist in
meeting administrative and monitoring requirements. The Subrecipient agrees to work
cooperatively with the Consortium to assist in meeting its obligations to HUD.
HOME Subrecipient Agreement - Administrative Activities 2014 Page 7 of 14
Any duly authorized representative of the U.S. Department of Housing and Urban Development,
authorized federal or state agent, or the Consortium shall at all reasonable times have access to
and the right to inspect, copy, audit, and examine all books, records and other documents
relating directly to the Subrecipient's receipt and disbursement of the HOME funds. The
Subrecipient agrees to immediately correct any deficiencies as noted by the Lead Entity, HUD,
and/or other authorized entities.
Section 16 — Financial Responsibility & Timeliness of Reimbursement Requests
The Subrecipient agrees that it is financially and legally responsible for any monitoring/audit
exception which occurs due to its negligence or failure to comply with the terms of this
Agreement and/or HOME regulations. The Subrecipient acknowledges that failure to submit
reimbursement requests with all appropriate supportive documentation within 120 days of
incurring administrative costs shall result in those costs becoming the financial responsibility of
the Subrecipient.
Section 17 — Indemnification
The Subrecipient will save and hold harmless and indemnify the Lead Entity against any and all
liability, claims and costs of whatever kind and nature for injury to or death of any person or
persons, and for loss or damage to any property, occurring in connection with or in any way
incident to or arising out of activities undertaken under this Agreement. Further, Subrecipient
shall reimburse the Lead Entity for all costs incurred in connection with a negative audit finding
resulting from Subrecipient's negligent or willful mismanagement of HOME funds, or its
negligent or willful disregard for the laws, rules and regulations governing the HOME Investment
Partnership Program.
Section 18 — Corrective and Remedial Action
Subrecipient will immediately correct or cause to be immediately corrected any and all actions
or performance deficiencies in the project as may be determined by the Lead Entity, or the U.S.
Department of Housing and Urban Development (HUD). Failure to correct such actions or
performance deficiencies within thirty (30) days from written notification from the Lead Entity
may result in suspending the disbursement of HOME administrative funds, suspending all
HOME funded projects, cancellation of this contract and other HOME Program contracts,
reprogramming of HOME funds to other eligible activities, and/or repayment of the HOME funds
by the Subrecipient from non-federal sources.
Section 19 — Attorney's Fees -Costs
In the event of a lawsuit between the parties to this Agreement, the prevailing party shall be
entitled to recover judgment against the other party for reasonable attorney's fees and other
costs either at trial or on appeal. If either party exercises any non -judicial right or remedy to
enforce such party's rights hereunder, it shall be a condition for the cure of the default that the
defaulting party will pay the non -defaulting party's reasonable attorney's fees incurred and all
reasonable costs. Failure to pay such costs and reasonable attorney's fees shall constitute an
event of default under this Agreement.
Section 20 — Venue and Law
HOME Subrecipient Agreement - Administrative Activities 2014 Page 8 of 14
Except where federal law controls, this Agreement shall be governed by the laws of the State of
Washington. Venue for any action under this contract shall be in Benton County, Washington.
Section 21 — Suspension or Termination of Agreement
The Consortium may cancel this Agreement "for cause" or "not for cause" by providing written
30 days' notice by certified mail, return receipt requested, to the other signatory members of this
Agreement.
There are three (3) separate methods of suspension or termination of this Agreement:
By fulfillment. The Agreement will be considered to be terminated upon fulfillment of
its terms and conditions.
ii. By mutual consent. The Agreement may be terminated or suspended in whole or in
part, at any time, if both parties consent to such termination or suspension. The
conditions of the suspension or termination shall be documented by giving a minimum
of 30 days' written notice.
iii. For cause. The Consortium may suspend or terminate this Agreement in whole or in
part, for cause, when the Subrecipient has failed in whole or in part to meet its
commitments and obligations as outlined, and when the Consortium deems
continuation to be detrimental to its interest. Failure to carry out the project as
described and in compliance with HOME Program regulations found at 24 CFR 92 will
be deemed a failure to perform, and cause the immediate relinquishment of any
interest in future HOME funds and/or require repayment of expended HOME funds.
In the event of suspension, the Consortium will notify the Subrecipient in writing of the corrective
action required. Further payment may be withheld at the Consortium's discretion until the
Subrecipient causes corrective action or the Agreement is terminated.
"For cause" includes:
a. failure to comply with the terms and conditions of this Agreement, or to
substantiate compliance;
b. Improper or illegal use of project funds or resources;
C. Any illegal act by the Subrecipient and its representatives.
d. Failure to submit required reports on or before due date or failure to document
compliance with the terms and conditions contained herein.
In the event of termination, the Lead Entity will notify the Subrecipient in writing of its
determination to terminate, the reason for such termination, and the effective date of the
termination. Payments made to the Subrecipient or recoveries by the Consortium will be in
accordance with the legal rights and liabilities of the parties. Recoveries include all HOME funds
on hand at the time of Agreement termination, any accounts receivable attributable to the use of
HOME funds, and any other assets acquired with HOME funds.
HOME Subrecipient Agreement - Administrative Activities 2014 Page 9 of 14
Actions by either party under this article shall not constitute a waiver of any claim by either party
arising from conditions or situations leading to such suspension or termination.
HOME funds not committed to specific projects as of the cancellation date will be relinquished to
the Consortium for redistribution to other qualified projects.
Section 22 — Dispute Resolution
The Lead Entity and the Subrecipient agree to negotiate in good faith for a period of 30 days
from the date of notice of all disputes between them prior to exercising their legal rights under
this Agreement or other law. All disputes not resolved by negotiation between the parties may
be arbitrated only by mutual agreement of the parties. If not mutually agreed to resolve the claim
by arbitration, the claim will be resolved by legal action. Arbitration of all claims will be in
accordance with the RCW 7.04A and the mandatory rules of arbitration with venue being placed
in Benton County, Washington. Arbitration shall include an award to the prevailing party of its
reasonable attorney fees and costs in action against the other.
Section 23 - Debarment and Suspension (2 CFR 2424)
The Subrecipient may not award or permit an award of a contract to any party which is
debarred, suspended or ineligible to participate in a federal program. The Subrecipient certifies
that it is not debarred, suspended or ineligible to participate in a federal program. The
Subrecipient will submit to the Consortium the names of contractors and any subcontractors
prior to signing contracts to ensure compliance with 24 CFR Part 24, "Debarment and
Suspension." The Subrecipient will also assure that language pertaining to debarred,
suspended or ineligibility to participate is inserted in all contract agreements. If, during the time
of this Agreement, the Subrecipient is debarred, suspended or ineligible to participate in a
federal program, the Consortium may terminate this Agreement for cause.
Section 24 — Financial Management and Audits (92.506)
The Subrecipient shall adhere to the generally accepted accounting principles and procedures
issued by the American Institute of Certified Public Accountants, and will utilize adequate
internal controls and maintain necessary source documentation for all costs incurred. The
Subrecipient shall comply with cost principles as established by OMB Circulars A-87, relocated
to 2 CFR, Part 225, and with administrative requirements at A-102 if a state, local government,
or Indian tribe. If the Subrecipient is a non-profit organization, it will comply with cost principles
of OMB Circular A-122, relocated to 2 CFR, Part 230, and administrative requirements
established at OMB Circular A-110. All costs must be reasonable and necessary.
The Subrecipient shall also comply with auditing standards issued by the Comptroller General of
the United States and be conducted in accordance with 24 CFR 84.26 and 85.26. All
subrecipients who expend $500,000 or more in a year in federal awards, whether a direct
subrecipient of this Agreement or a sub-subrecipient receiving federal funds through a pass-
through entity, shall have a single audit conducted for that year in accordance with the provision
of OMB A-133, Subpart B. When a Subrecipient expends federal awards under only one federal
program, excluding Research and Development performed by a non-federal entity, and the
program's laws, regulations, or grant agreements do not require a financial statement audit, the
subrecipient may elect to have a program -specific audit conducted in accordance with Subpart
B, Section 235. A program -specific audit may not be elected for Research and Development
HOME Subrecipient Agreement - Administrative Activities 2014 Page 10 of 14
unless all of the federal awards expended were received from the same federal agency, or the
same federal agency and the same pass-through entity, and that federal agency, or pass-
through entity approves in advance a program -specific audit. The audit must be conducted
within 60 days of completion of this Agreement.
Non-federal entities who expend less than $500,000 a year in federal awards are exempt from
federal audit requirements for that year, except this does not limit the authority of federal
agencies, including HUD, Inspectors General, or General Accounting Office to conduct or
arrange for additional audits. All records shall be made available for review or audit by
appropriate local, state and federal entities.
Section 25 — DUNS Number
A Dun and Bradstreet Data Universal Numbering System (DUNS) number is required for any
business or agency that receives federal assistance per the Federal Funding Accountability and
Transparency Act of 2006 (FFATA). The Subrecipient will provide information on itself, will
assure that all assisted agencies/businesses have been assigned a DUNS number, and shall
provide this information to the Lead Entity. A free DUNS number may be requested via the web
at http://fedgov.dnb.com/webform/index'sp or by calling 1-866-705-5711.
Section 26 — SAM Registration
The Federal Funding Accountability and Transparency Act of 2006, as amended (FFATA)
requires the Office of Management and Budget (OMB) to maintain a single, searchable website
that contains information on all federal spending awards. As part of this, all agencies/businesses
that meet the following thresholds must register in SAM and report to the Consortium if they
had:
a) A gross income from all sources over $300,000 in the agency's previous tax year;
and
b) Are awarded HOME funds of $25,000 and over.
This information must be reported to the Consortium within five (5) days of signing this
Agreement. Free registration can be obtained at https://www.sam.gov/portal/public/SAM/.
Because this registration expires annually, it must be updated and kept current during the
contract period. The Subrecipient will provide information on itself and will assure that all
assisted agencies/businesses have registered and remain current in SAM. Additional
information is required if more than 80% of annual gross revenues of $25 million or more come
from the federal government, and employee and compensation information is not already
available through reporting to the SEC.
Section 27 — Reversion of Assets
Upon expiration of this Agreement, any HOME funds or accounts receivable that can be
attributed to the use of HOME funds will revert to the Lead Entity of the Consortium. Should the
Consortium Member stop participating in consortium programs or fail to perform in compliance
with program requirements, assets are subject to reversion to the Lead Entity.
Section 28 — Drug Free Workplace
HOME Subrecipient Agreement - Administrative Activities 2014 Page 11 of 14
In accordance with the Drug Free Workplace Act of 1988, Subrecipient will, or will continue to,
provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace,
and specifying the actions that will be taken against employees for violation of such
prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about:
a) The dangers of drug abuse in the workplace;
b) The Subrecipient/employer's policy of maintaining a drug-free workplace;
C) Any available drug counseling, rehabilitation, and employee assistance
programs; and
d) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
3. Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of
employment under the grant, the employee will:
a) Abide by the terms of the statement; and
b) No later than five (5) calendar days after such conviction, notify the employer in
writing of his or her conviction for a violation of a criminal drug statute occurring
in the workplace;
5. Notifying the agency in writing within ten (10) calendar days after receiving notice under
subparagraph 4(b) from an employee, or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position
title, to every grant officer or other designee on whose grant activity the convicted
employee was working, unless the federal agency has designated a central point for the
receipt of such notices. Notice shall include the identification number(s) of each affected
grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph 4(b), with respect to any employee who is so convicted:
a) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act
of 1973, as amended; or
b) Requiring such employee to participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such purposes by a federal, state, or local
health, law enforcement, or other appropriate agency;
Making a good faith effort to continue to maintain a drug-free workplace by
implementation and enforcement of this article while carrying out all HOME Program -
related activities.
HOME Subrecipient Agreement - Administrative Activities 2014 Page 12 of 14
Section 29 — Anti -Lobbying Certification
To the best of the signatory party's knowledge and belief
No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement;
If any funds other than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with this federal contract, grant, loan, or cooperative agreement, it will complete and
submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions; and
The language of the above paragraphs of this anti -lobbying certification must be included in the
award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and
contracts under grants, loans, and cooperative agreements) and all subrecipients/sub-
subrecipients shall certify and disclose accordingly.
The signatory parties are in compliance with restrictions on lobbying required by 24 CFR Part
87, together with disclosure forms, if required by that part.
Section 30 — Uniform Administrative Requirements (92.505)
Governmental subrecipients must comply with OMB Circular A-87 for determining allowable
costs and the following sections of 24 CFR Part 85:
85.60 Additions and Exceptions
85.12 Special Grant or Subgrant Conditions for "high-risk" Grantees
85.20 Standards for financial management systems
85.22 Allowable costs
85.26 Non -Federal Audit
85.32 Equipment
85.33 Supplies
85.34 Copyrights
85.36 Procurement
85.44 Termination for Convenience
85.51 Later Disallowances and Adjustments
85.52 Collection of Amounts Due
HOME Subrecipient Agreement - Administrative Activities 2014 Page 13 of 14
The Agreement will be effective upon the date of signing by the City of Richland, Lead Entity of
the Tri -Cities HOME Consortium.
SUBRECIPIENT: City of [Pasco/Kennewick] CONSORTIUM:
Signature
Print Name and Title
APPROVED AS TO FORM:
Heather Kintzley, City Attorney
City of Richland
Date
Tri -Cities HOME Consortium
P.O. Box 190, MS 19
Richland, WA 99352
Cynthia D. Johnson, City Manager Date
City of Richland
HOME Subrecipient Agreement - Administrative Activities 2014 Page 14 of 14
AGENDA REPORT NO. 29
FOR: City Council j
TO: Dave Zabell, City Manager P t tt
Ahmad Qayoumi, P.E., Public Works Director
FROM: Kent McCue, Interim Engineering Manager I"
SUBJECT: 9'h & Washington Lift Station VFD Equipment
I. REFERENCE(S):
1. 9h & Washington VFD Equipment - Proposed Resolution
2. 9h & Washington VFD Equipment - Price Quote
3. 9h & Washington VFD Equipment — Memo
January 8, 2015
Workshop Mtg.: 1/12/15
Regular Mtg.: 1/20/15
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
01/12: Discussion
01/20: MOTION: I move to approve Resolution No. AP [ 4 , waiving competitive
bidding requirements and approving the purchase of Variable Frequency
Drive (VFD) units and the Programmable Logic Controller (PLC), and
approving install of the equipment.
III. FISCAL IMPACT:
Sewer Funds
IV. HISTORY AND FACTS BRIEF:
V.
A) The Public Works Department Plan Division is requesting the installation of new Allen-Bradley
Variable Frequency Drive (VFD) units, Programmable Logic Controllers (PLC), and associated
electrical appurtenances for controlling the pumps in the 9`h & Washington Sanitary Sewer Lift
Station. A VFD is a type of adjustable -speed drive used in the electro -mechanical drive
systems to control AC motor speed and torque by varying motor input frequency and voltage.
The PLC is the "brain" behind the entire lift station control and functionality. The unit
monitors wet well levels which sends a message to the VFDs to start, stop, ramp up/down,
cycle pumps, etc.
B) Plant Division staff has been experiencing equipment failure on several occasions during the
past year. The existing equipment is old (installed in 1997), has been rebuilt on at least two
occasions, and is now beyond reasonable repair and is considered functionally obsolete.
C) Failure of one or more of the VFD units could yield the Lift Station inoperable, create sewer
flow backups in the system, and result in an emergency/potentially catastrophic event. The
majority of city wide sanitary sewer flows through this lift station prior to its discharge to the
wastewater treatment plant.
D) The initial installation of the equipment was completed by H&N Electric, a local company.
They have also provided all of the maintenance and repairs during the lifetime of the
equipment. The configuration of the existing system was specifically developed to conform to
the electrical and control systems used by the City.
A) Allen-Bradley equipment is the current standard being used for City of Pasco Water and
Wastewater electrical plant equipment to increase serviceability and functionality. With Allen-
Bradley equipment the City would own the operating software and be able to make changes
when needed and not have to hire an outside contractor.
B) The Allen-Bradley PLC's do not use proprietary "black box" programming, which eliminates
the strict dependence on the supplier for programming modifications. A new Allen-Bradley
PLC will optimize controllability, maximize station capacity and increase station efficiency.
C) The City's Instrument Technician is fluent in Allen-Bradley software and programming; and
Allen-Bradley technicians are available locally through H&N Electric. H&N Electric originally
built the current panels and system and has serviced these units for the past 17 years. Using
H&N Electric will save time and money as they would not have to re-engineer the project.
Additionally, H&N Electric has the VFD specialist who worked on the initial build of the
current VFD's and who has performed the work on the system since its installation.
D) Original funding for this project was slated under 2014's maintenance budget. In late January:
2015 the funds will be reallocated through a supplemental budget request.
RESOLUTION NO.
A RESOLUTION WAIVING COMPETITIVE BIDDING REQUIREMENTS FOR THE
PURCHASE OF NEW VARIABLE FREQUENCY DRIVES (VFDs) AND ALLEN -BRADLEY
PROGRAMMABLE LOGIC CONTROLLER (PLCs) AND AUTHORIZING THE PURCHASE AND
INSTALLATION OF SAID EQUIPMENT BY H&N ELECTRIC.
WHEREAS, the existing VFDs are becoming unreliable due to age and lack of spare parts, and
must be replaced to maintain proper operation, and
WHEREAS, the City is now considering conversion to Allen-Bradley equipment to increase
serviceability and functionality, whenever existing outdated equipment is routinely replaced, and
WHEREAS, it is functionally desirable for the City to be able to own the operating software and
for City staff to be able to make changes when needed for ease of maintenance and efficiencies in order to
facilitate consistent and dependable operations, and
WHEREAS, the purchase of VFDs and Allen-Bradley PLCs will allow the City to reduce the
costs of operation, maintenance and repair, and the inventory of parts by having one system that is easily
programmable from a remote location, and
WHEREAS, H&N Electric installed and has provided all of the maintenance on the existing
equipment and system, and
WHEREAS, pursuant to RCW 39.04.280 H&N Electric is the sole source of the VFDs and
Allen-Bradley PLCs that are interchangeable with the equipment already installed, and the sole source
that will allow the City to interchange equipment; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City
Council does hereby declare that the purchase of VFDs and Allen-Bradley PLCs is clearly and
legitimately limited to a single source of supply, and that the sole source of supply is H&N Electric, and
BE IT FURTHER RESOLVED, that the competitive bidding requirements for the City of
Pasco are hereby waived and the Pasco Public Works Department is authorized to purchase VFDs and
Allen-Bradley PLCs from H&N Electric who will install said equipment for the sum of $
PASSED by the City Council of the City of Pasco this 20th day of January, 2015.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
Leland B. Kerr
City Attorney
Kent McCue
From: Barney, Kim M. <kbarney@hnelectric.com>
Sent: Friday, September 26, 2014 2:51 PM
To: Todd Marden
Subject: RE: Contractor
Good afternoon Todd,
Below is a re -quote based on the quote of Aug. 29th to Brett C. and adding a line item for installation. Let me know if
you need anything further. We are looking forward to helping you complete this project!
Regards,
Kim
Brett,
We basically finished with the design work for the 4 retrofit UL assemblies for 9th & Washington. 1 know this took a bit
longer than I had hoped, but Mike and Steve had to make sure all the issues related to the retrofit were addressed, of
which there were quite a number. Anyway, I think we have a tentative 'final design" that will work like you want. Here
are costs for the basic assemblies/back panels, which would have all the components for a complete working system
once installed.
1) 75hp, UL Back panel assembly, w/New SVX9000, 75hp CT/100hp VT Drive, Nema 1, input fusing, w/remote keypad
kit, adapter plate, control power transformer, Thermostat (cooling), output filter, terminals/relays as required $
12,240.00 ea. (x2)
2) 150hp, UL Back panel assembly, w/New SVX9000, 125hp CT/150hp VT Drive, Nema 1, input fusing, w/remote
keypad kit, adapter plate, control power transformer, Thermostat (cooling), output filter, terminals/relays as
required $15,454.00 ea.
3) 150hp, UL Back panel assembly, w/New SVX9000, 125hp CT/150hp VT Drive, Nema 1, w/New 5811, Solid State
Starter Bypass (3 contactor), w/remote keypad kit, adapter plate, control power transformer, Thermostat (cooling),
output filter, 24VDC Power supply, terminals/relays as required
$ 21,817.00 ea.
4) Installation of the 4 pre -assembled Back Panels above. Includes all work @ prevailing wage, electrical permit. $
17,950.00
Total for 4 drive packages and install - $ 79,701.00
Regards,
Kim
Kim Barney
Electrical Services Manager
H & N Electric — A Timken Brand
4224 E. B Street
Pasco, Washington 99301
PH: (509) 547-1691, EXT: 739
Memo
To: Dave Zabell, City Manager
Ahmad Qayoumi, PE, Public Works Director
From: Michael A. Pawlak, PE, City Engineer
Date: November 18, 2014
Public Works Department
Engineering Division
Re: 9P & Washington Lift Station Programmable Logic Controller (PLC) Equipment—Sole
Source
Introduction. The Public Works Department Plant Division has requested the installation of a new
Programmable Logic Controllers (PLC), and associated electrical appurtenances for controlling the
pumps in the 9'" & Washington Sanitary Sewer Lift Station. (A programmable logic controller,
PLC or programmable controller is a digital computer used for automation of typical industrial
electro -mechanical processes, such as control of machinery on factory assembly lines, amusement
rides, or light fixtures. PLCs are used in many industries and machines.) Plant Division staff has
been experiencing equipment failure at the Lift Station, on several occasions during the past year.
Staff has determined that it is necessary to update the existing controller equipment.
Evaluation. Plant Division staff has been experiencing failure of the Variable Frequency Drives
(VFDs) that drive the pumps at the Lift Station on a more frequent basis over the past year. The PLC
is the "brain" behind the entire lift station control and functionality.
Members of the Engineering Division have had numerous conversations with Derek Benningfield
regarding the use of various manufactured Programmable Logic Controllers (PLCs) at City of Pasco
water and wastewater facilities. Derek has suggested that we migrate from the use of Siemens PLC
equipment to Rockwell's Allen-Bradley PLC equipment on all new and remodel installations of the
City's supervisory control and data acquisition (SCADA) system. Upon listening to Derek's rationale
and conferring with Murray Smith and Associates (the City's Consultant on the Columbia Water
Supply Intake Project), a recommendation was made to City Council to sole source Allen-Bradley
PLCs on that project. That recommendation was approved by Council on November 3, 2014.
Either brand of PLC is likely reliable and capable of operating the City's SCADA system, as
evidenced by the fact that the City has owned and operated equipment from both manufacturers.
The more significant issues concerning the City are the ease of maintenance/modification of the
programming software and the availability of outside support in the event City staff cannot correct a
problem within the system. Maintenance issues seldom seem to be concerned with which PLC is
actually in use, but rather with how easy it is to understand the operating program and how the
affected instruments and separate components are attached to the system. For SCADA system
0 Page 1
maintenance personnel, software is very essential and needs to be straightforward, readily usable,
and easily modified. The product supplied by Siemens does not provide these features.
As in many regions of the United States, it is hard to find local Siemens support talent. Our current
use of Siemens equipment requires a sole source maintenance arrangement with S&B, Inc., located
in Bellevue, Washington. Additionally, S&B uses proprietary programming within a "black box" which
leaves the City further dependent upon them for subsequent modifications to the PLC coding. By
definition, S&B's on-site response time from Bellevue is often less than ideal and does not satisfy the
immediate needs of continuously maintaining a reliable municipal system.
Conversely, as Rockwell's Allen-Bradley has always been viewed in the U.S. as the benchmark for
easy to use software, experienced local support for Allen-Bradley PLC installations is more readily
available. In addition, the City's Instrumentation Technician has 15 years of experience working with
Allen-Bradley equipment and can personally modify the open sourced programming of these PLCs to
better match the needs of the City's water/sewer/irrigation support personnel. All future
instrumentation technicians hired by the City will also have (or receive training) the ability to work with
the open source code of the Allen-Bradley PLCs.
The SCADA system at the City's Process Water Reuse Facility (PWRF) is a prime example of an in-
house success story. During construction of the recent expansion project, Allen-Bradley PLCs were
substituted for the previously specified Siemens PLCs. Since completion of the project, the City's
Instrumentation Technician has, performed numerous small adjustments to the control logic
programming at the request of the PWRF staff, in order to fine tune the operation of the facility.
Utilization of S&B to perform these modifications on a propriety Siemen's system would have likely
been both more time consuming and costly.
Responses to the Sole Source Worksheet questions. The following are responses to the Sole
Source Worksheet developed by the City Attorney for the purposes of ensuring that a reasonable
and rationale evaluation is conducted in accordance to WA State Law for these types of purchases.
1. Please describe the items and its function:
The 9" and Washington Lift Station pumps approximately 75% of Pasco's wastewater
through the system and to the Wastewater Treatment Plant. The existing VFDs that control
the pumps are experiencing periodic failure (which often precedes complete failure); a failure
of one or more of those units would yield the Lift Station inoperable, create sewer flow
backups in the system, and result in an emergency / potentially catastrophic event including
but not limited to potential discharge of raw sewage to the Columbia River.
The PLC is the "brain" behind the entire lift station control and functionality. This unit monitors
wet well levels which sends a message to the VFD's to start, stop, ramp up/down, cycle
pumps etc. The existing PLC is nearly 20 years old and functionally obsolete. A new
updated Allen-Bradley PLC will optimize controllability, maximize station capacity and
increase station efficiency.
0 Page 2
2. This is a sole source because:
(a) Sole provider of items that are compatible with existing equipment, inventory systems,
programs or services.
(b) Sole provider of goods or services that will meet the specialized needs of the City or
perform the intended function.
The more significant issues concerning the City are the ease of maintenance/modification of
the programming software and the availability of outside support in the event City staff cannot
correct a problem within the system. Maintenance issues seldom seem to be concerned with
which PLC is actually in use, but rather with how easy it is to understand the operating
program and how the affected instruments and separate components are attached to the
system. For SCADA system maintenance personnel, software is very essential and needs to
be straightforward,. readily usable, and easily modified. The product supplied by Siemens
does not provide these features.
As in many regions of the United States, it is hard to find local Siemens support talent. Our
current use of Siemens equipment requires a sole source maintenance arrangement with
S&B, Inc., located in Bellevue, Washington. Additionally, S&B uses proprietary programming
within a "black box" which leaves the City further dependent upon them for subsequent
modifications to the PLC coding. By definition, S&B's on-site response time from Bellevue is
often less than ideal and does not satisfy the immediate needs of continuously maintaining a
reliable municipal system.
3. What necessary features does this vendor provide which are not available from other
vendors?
The more significant issues concerning the City are the ease of maintenance/modification of
the programming software and the availability of outside support in the event City staff cannot
correct a problem within the system. Maintenance issues seldom seem to be concerned with
which PLC is actually in use, but rather with how easy it is to understand the operating
program and how the affected instruments and separate components are attached to the
system. For SCADA system maintenance personnel, software is very essential and needs to
be straightforward, readily usable, and easily modified. The product supplied by Siemens
uses proprietary programming within a "black box' which leaves the City further dependent
upon them for subsequent modifications to the PLC coding.
Why use Allen-Bradley PLC:
• City-wide we are converting to Allen-Bradley from Siemens to increase serviceability and
functionality. Siemens (S&B programming) is proprietary software to which we do not
own the rights. With Allen-Bradley electrical equipment, we would own the operating
software and be able to make changes when needed and not have to hire an outside
contractor to do so;
• There are fewer technicians that work on Siemens products compared to Allen-Bradley;
• Allen-Bradley technicians are available locally;
0 Page 3
City of Pasco's instrument technician is fluent in Allen-Bradley software and
programming;
The City is currently using Allen-Bradley equipment in the following locations: Ultraviolet
Disinfection Building, Headworks Building, Rotating Drum Thickener VFD's at the
Wastewater Treatment Plant, East Side Booster Pump Station, Foster Wells Road Lift
Station, Industrial Pump Station at the Process Water Reuse Facility, and the Pall water
treatment system at the West Pasco Water Plant.
The City is currently in the process of installing Allen-Bradley equipment at: Harris Road
Irrigation Pump Station, Butterfield Water Treatment Plant, Riverview Pump Station, and
the Maitland Sanitary Sewer Lift Station.
4. What steps were taken to verify that these features are not available elsewhere?
Other brands/manufacturers were examined. Public Works staff has used both Allen-Bradley
and Siemens equipment and have found the Allen-Bradley equipment more desirable due to:
• technical support is more readily available (and local),
• equipment is easier to operate and maintain,
• equipment & controls are more flexible and can be adjusted by in-house staff
(Siemens software is proprietary and can only be adjusted by a Siemens technical
support staff member),
5. Sole source vendor certifies that the City is getting the lowest price offered for this
item.
On previous installations, Allen-Bradley PLC equipment has been competitive with similar
products from Siemens. The City will solicit bids for the furnishing and installation of the
equipment through an open bidding process to provide for overall competition.
Recommendation. Staff recommends that the City of Pasco sole source the purchase of a new
Allen-Bradley Programmable Logic Controller (PLC) for the 9h & Washington Sewer Lift Station
through a competitive bid solicitation for the furnishing, installation, and initial programming of the
PLC and associated equipment.
0 Page 4
Memo
To: Dave Zabell, City Manager
Ahmad Qayoumi, PE, Public Works Director
From: Michael A. Pawlak, PE, City Engineer
Date: November 17, 2014
Public Works Department
Engineering Division
Re: 91h & Washington Lift Station VFD Equipment— Sole Source
Introduction. The Public Works Department Plant Division has requested the installation of new
Variable Frequency Drive (VFD) units, and associated electrical appurtenances for controlling the
pumps in the 9t' & Washington Sanitary Sewer Lift Station. (A VFD is a type of adjustable -speed
drive used in electro -mechanical drive systems to control AC motor speed and torque by varying
motor input frequency and voltage.) Plant Division staff has been experiencing equipment failure on
several occasions during the past year. The existing equipment is old (installed in 1997), has been
rebuilt on at least two occasions, and is now beyond reasonable repair and is considered functionally
obsolete.
Evaluation. Plant Division staff has been experiencing failure of the VFDs on the smaller sized
pumps at the Lift Station on a more frequent basis over the past year. The VFDs that control the
larger (main) pumps are the same type of equipment and a failure of one or more of those units
would yield the Lift Station inoperable, create sewer flow backups in the system, and result in an
emergency / potentially catastrophic event. The current approved 2014 Public Works Department
operating budget does include a line item for the replacement of this equipment.
Staff continuously researches equipment, suppliers and technical support providers for the various
pieces of equipment used in the wastewater treatment process, as the system is required to be
functional and operational at all times. Outside consultants and contractors are routinely used to
maintain and repair pumps, VFDs, electrical components, etc. H&N Electric (local company)
completed the initial installation and has provided all of the maintenance and repairs during the
lifetime of the equipment, for the 9" & Washington Lift Station. The configuration of the existing
system was specifically developed for that particular lift station to conform to the electrical and control
systems used by the City.
This request to sole source the purchase and installation of specific equipment is recommended
based on the following points and more specifically addressed in the responses for the attached Sole
Source Worksheet:
0 Page 1
• The current VFDs were installed more than 18 years ago, and are outdated, functionally
obsolete, and experiencing breakdowns that could cause a potentially catastrophic event;
• Replacement parts for the existing VFDs, which were readily available in the past are now
becoming very difficult to locate due to the age of the equipment and the advent of newer
technologies and improvements;
• Cutler -Hammer "EATON" drives (VFDs) are a "like kind" replacement for the older existing
units, and are similar as VFDs used throughout other Plant Division facilities in the City;
• The Cutler -Hammer "EATON" drives are proven reliable pieces of equipment, used by the
City in other facilities associated with wastewater treatment and discharge;
• H&N Electric is familiar with the current system (having built, installed and maintained it for
nearly 20 years), provides nearly immediate response time, will not need to "learn the
installation" in order to make these upgrades, and therefore, would be more cost effective.
Responses to the Sole Source Worksheet questions. The following are responses to the Sole
Source Worksheet developed by the City Attorney for the purposes of ensuring that a reasonable
and rational evaluation is conducted in accordance to WA State Law for these types of purchases.
1. Please describe the items and its function:
The 9t' and Washington Lift Station pumps approximately 75% of Pasco's wastewater
through the system and to the Wastewater Treatment Plant. The existing VFDs that control
the pumps are experiencing periodic failure (which often precedes complete failure); a failure
of one or more of those units would yield the Lift Station inoperable, create sewer flow
backups in the system, and result in an emergency / potentially catastrophic event including
but not limited to potential discharge of raw sewage to the Columbia River.
A VFD is a type of adjustable -speed drive used in electro -mechanical drive systems to
control AC motor speed and torque by varying motor input frequency and voltage. The
existing Cutler -Hammer drives have served the City well for more than 18 years. Historically,
replacement parts have been readily available but have since become increasingly more
difficult to obtain due to the age of the equipment.
The proposed new replacement equipment will be a "like kind" replacement utilizing the same
interfaces, operational protocols and features with which Plant Division staff are familiar. The
Cutler -hammer equipment would be similar to other VFDs currently being used by the City in
both Water and Wastewater operations.
H&N Electric installed and configured the existing electrical/mechanical system in the 9r" &
Washington Lift Station to the customized specifications provided by the City nearly 20 years
ago. While certain pieces of equipment are being updated, the overall system will remain
intact. H&N has maintained, serviced and repaired the equipment since its installation. The
company is uniquely qualified and knowledgeable with the equipment and system having
maintained it since it was installed.
2. This is a sole source because:
(a) Sole provider of items that are compatible with existing equipment, inventory systems,
programs or services.
• Page 2
Cutler -Hammer "EATON" drives are "like kind" replacements for the existing drives,
are compatible with the systems and pumps in the Lift Station and are consistent
with the equipment currently in use in other City of Pasco Wastewater treatment
and discharge facilities.
(b) Sole provider of goods or services that will meet the specialized needs of the City or
perform the intended function.
While there are more than one provider who can install VFDs in facilities, H&N
Electric is uniquely qualified in as much as the company installed to original custom-
designed system and has exclusively maintained and repaired the equipment and
operating systems for nearly 20 years. Any other installer would need to "learn the
system" to replace the old VFDs. Staff believes that another installer would take
additional time and costs would be greater. Possible downtime of the Lift Station
would also likely be greater with another installer. Minimizing downtime during
equipment replacement is extremely critical given the importance of the 9'" &
Washington Lift Station to the City's overall wastewater conveyance and treatment
system.
3. What necessary features does this vendor provide which are not available from other
vendors?
H&N Electric originally built the current panels and system; since we are reusing the cabinets
and air conditioning ducting, it stands to reason that they will be able to retrofit the equipment
and instrumentation in less time and money. H&N Electric has also serviced these units for
more than 18 years; they know what Inputtoutputs are needed which will save time and
money as they will not have to re-engineer the project. Finally, this provider has the VFD
specialist who worked on the initial build of the current VFD's and who has performed the
work on the system since its installation.
Reason's for replacing VFD's:
• Current VFD's are obsolete, parts are harder and more expensive to attain;
• VFD's are becoming unreliable due to age and lack of spare parts;
• Lift station needs to have reliable and serviceable equipment to maintain proper
operation; and
• New VFD's will be able to operate larger horsepower (HP) pumps to accommodate
future growth.
4. What steps were taken to verify that these features are not available elsewhere?
While there are more than one provider who can install VFDs in facilities, H&N Electric is
uniquely qualified in as much as the company installed to original custom-designed system
and has exclusively maintained and repaired the equipment and operating systems for nearly
20 years. Any other installer would need to "learn the system" to replace the old VFDs. Staff
believes that another installer would take additional time and costs would be greater.
Possible downtime of the Lift Station would also likely be greater with another installer.
Minimizing downtime during equipment replacement is extremely critical given the
importance of the 9h & Washington Lift Station to the City's overall wastewater conveyance
and treatment system.
• Page 3
5. Sole source vendor certifies that the City is getting the lowest price offered for this
item.
H&N Electric has provided all of the maintenance and repair efforts on this equipment and
has historically presented the City with competitive invoices. The City will include a
certification statement in the contract agreement requiring H&N Electric to certify that the
pricing for this work will be competitive (lowest price).
Recommendation. Staff recommends that the City of Pasco sole source the purchase of new
Cutler -Hammer "EATON" variable frequency drives (VFDs) and further contract with H&N Electric for
the installation of this equipment and any appurtenances at the 9U'& Washington Lift Station.
0 Page 4
AGENDA REPORT No. 33
FOR: City Council January 8, 2015
TO: Dave Zabell, City Manager
Ahmad Qayoumi, PE, Public orks Director
FROM: Kent McCue, Interim Engineering Manager Workshop Mtg.: 1/12/15
Regular Mtg.: 1/20/15
SUBJECT: Canter Club Estates Latecomers Agreement
I. REFERENCE(S):
1. Canter Club Estates - Proposed Agreement
2. Canter Club Estates - Memorandum from Michael A. Pawlak, PE, City Engineer
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
01/12: Discussion
01/20: Public Hearing
MOTION: I move to approve the Latecomers Agreement water system
extension agreement with J&J Kelly Construction, Inc. and,
further, authorize the City Manager to sign the agreement.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A) The Owner of Parcel #118 501009, J&J Kelly Construction, Inc. (Jeff & Jennifer
Kelly) constructed a single-family residential development known as Canter Club
Estates. As part of the development, J&J Kelly Construction extended City of
Pasco watermain along N. Pearl Street from Road 64 to Road 67, including
necessary valving, fittings, hydrants and other appurtenances.
B) J&J Kelly provided the City with notice at the start of construction if it's intent to
request a Latecomers Agreement and provided a construction cost estimate. At
the conclusion of construction, J&J Kelly filed an application for Latecomers
Agreement and supplied the required documentation to substantiate the request.
C) During the construction of Canter Club Estates and the installation of the N. Pearl
Street watermain extension, Mr. Leonid Parkhotyuk, owner of Parcel #18 591
043, requested that a watermain stub be extended to the north to facilitate the
development of the parcel, which is located on the north side or and immediately
adjacent to the N. Pearl Street right-of-way. That request was accommodated.
V. DISCUSSION:
A) City staff reviewed the actual construction cost documentation provided by J&J
Kelly Construction, Inc. and determined it to be reasonable. The request for
reimbursement is for 635 LF of 8 -inch watermain, valves, hydrants and
appurtenances that fronts both parcels. The requested reimbursement amount
included the costs for furnishing and installing materials, required construction
inspection and testing, and appropriate permit fees.
10(a)
B) Development of both parcels would require the watermain extension including
connection to both existing watermains located along Roads 64 and 67, prior to
development approval. Development of parcels, within the City of Pasco, are
required to extend public infrastructure, including watermains, along the frontage
of the parcel. Fronting parcels may seek reimbursement from other adjacent or
benefitting landowners at the time of development of those parcels; i.e.
Latecomers Agreement.
C) In this circumstance, both parcels would be required to extend the watermain.
The timing of which development preceded the other would make no difference in
the responsibility of either parcel. Nor would the timing of either development
preclude the property owner/developer from seeking a Latecomers Agreement for
reimbursement of certain costs.
D) Staff determined that Parcels #118 591 043 and 118 601 009 received direct
benefit from the installation of and connection to the watermain extension.
Considering that either parcel would be required to extend the watermain in order
to create a subdivision of buildable single-family residential lots, and that neither
subdivision of property could happen without the presence of a water source; it
stands to reason that each parcel would gain the same benefit, regardless of how
the parcels might be subdivided. Staff, therefore, determined that it is reasonable
to assess fifty percent (50%) of the actual costs to each property owner.
E) Staff recommends approval of the Latecomers Agreement and individual
assessments.
WHEN RECORDED RETURN TO:
City of Pasco, Washington
525 North 3b Avenue
Pasco, WA 99301
CITY OF PASCO
LATECOMERS AGREEMENT
THIS AGREEMENT, made and entered into this day of January 2015,
by and between the City of Pasco, a Municipal Corporation of the State of Washington,
hereinafter referred to as "City", and J & J Kelly Construction, Inc., their heirs,
successors and assigns, hereinafter referred to as "Developers"; and
WHEREAS, RCW Chapter 35.91 authorizes contracts between City and
owner/developers of real estate within City, or within 10 miles of the City limits, who
construct facilities to serve their own properties and other properties whereby such
owner/developer may be reimbursed by the owners of other real property who did not
contribute to the original cost of the construction of the facilities, but who later desire to
connect their properties to the facilities previously constructed.
NOW, THEREFORE, the parties hereby mutually agree as follows:
Developers have constructed or will construct the following described
improvement to City's facilities:
'635 feet of 8 inch ductile iron waterline including fire hydrants, valves and
other appurtenances on the new Pearl St., _west of Road 64.
A. The improvements have been or will be constructed in accordance
with plans and specifications approved by City prior to construction
and Developers have supplied City with reproducible as -built drawings
regarding the facilities.
B. Developers shall deed to City any and all easements pertaining to the
facilities, said easements to be recorded concurrently with the final
acceptance of this Agreement.
2. The facilities to be constructed will serve the following described real
property:
Parcel 118-591-043 and 118-601-009 (see Exhibit A)
3. If the facilities are certified as acceptable to City by the City Administrator or
his designee, Developers will convey such facilities and the easements or
lands wherein they lie to City for the monetary consideration provided herein
Latecomers Agreement - I
and the benefits of City services and of this Agreement. City will thereafter
own and operate said facilities as part of City water/sewer system subject to
all of the laws and regulations, fees and assessments of City.
4. City and Developers agree that the actual costs for the construction of the
facilities is or will be Thirty nine thousand, six hundred eighteen dollars and
seventy-eight cents ($39,618.78) and may be recovered for Developers in
accordance with this Agreement.
5. Developers are the owners of the real property described above which will be
served by the facilities described herein.
6. Unless the City provides written notice to the Developer of its intent to request
a comprehensive plan approval, the Developer must request a comprehensive
plan approval for utility system improvements, if required.
7. Connections of the sewer water facility to the municipal system must be
further conditioned upon:
a. Inspection and approval of the utility system improvements by the City;
b. Full compliance with the Developers obligations under the Agreement and
with the City's rules and regulations;
c. Provision of sufficient security to the City to ensure completion of the
utility system improvements and other performance under the Agreement;
d. Payment by Developers to the City of all the City's costs associated with
the utility system improvements including, but not limited to, engineering,
legal, and administrative costs;
e. Verification and approval of all Agreements and costs related to the utility
system improvements; and
f. Within one hundred and twenty (120) days of the completion of the utility
system improvements, the Developers must submit the total cost of the
utility system improvements to the City.
8. For a period of twenty (20) years from the date thereof, any person, firm or
corporation now or hereafter owning real estate as described above, desiring
to connect to the described facilities shall pay the cost of the construction of
said facilities; i.e. $25.00, per each linear frontage foot of each parcel or
portion of the real property above described that is connected to the City
sewer services.
9. No person, firm or corporation shall be granted a permit or be authorized by
City to tap into or use the referenced facilities during the period of time
prescribed in Paragraph 6 above without first paying to City, in addition to any
Latecomers Agreement - 2
and all other costs, assessments and charges made and assessed for such tap or
use, the amount required by the provisions of this contract. All amounts so
received by City shall be remitted to Developers or assigns within sixty (60)
days of the receipt thereof.
10. Whenever any tap or connection is made into the described facilities, without
such payment having first been made, the City may remove, or cause to be
removed, such unauthorized tap or connection and all connecting tile or pipe
located in the facilities right of way and dispose of unauthorized material so
removed without any liability whatsoever.
11. Any funds collected by City in accordance with the terms of this contract shall
be remitted Developers at the following address:
Address: 1006 Christopher Lane, Pasco, WA 99301
Email: KellvfamilyVagmail.com
Developers shall notify City in writing of any change in address.
12. If prior to the expiration of one (1) year after the date of execution of this
Agreement or the completion of the construction of the facilities, whichever
occurs later, any work is found to be defective, Developers shall promptly
without cost to City, either correct such defective work or, if it has been
rejected by City, remove and replace it with non -defective work. If
Developers do not promptly comply with the terms of such instructions, City
may have the defective work corrected or the rejected work removed and
replaced and all direct and indirect costs of such removal and replacement,
including compensation for professional services, shall be withheld from the
latecomer's payment to Developers.
13. Developers agree that once Developers have been paid the total amount
authorized for reimbursement as set forth in Paragraph 4 above, City shall
collect no further fees under this contract and the provisions of this
Latecomers Agreement for the collection of latecomer fees shall terminate.
14. Developers hereunder are an independent contractor and are not an agent or
employee of City.
15. Developers agree to indemnify, defend and hold the City harmless from any
action, claim or proceeding brought or maintained by any latecomer
challenging the validity or enforceability of this Agreement. In turn, the City
agrees to cooperate with the developer in the course of any such claim,
proceeding or action to provide reasonable and lawful access to City records
and witnesses.
Latecomers Agreement - 3
CITY OF PASCO, WA
David Zabell
City Manager
DEVELOPERS:
Jeff Kelly Jennifer Kelly
STATE OF WASHINGTON
:as
County of Franklin )
On this day personally appeared before me DAVE ZABELL, City Manager of the City of Pasco,
to be known to be the individual described in and who executed the within and foregoing instrument, and
acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes
therein mentioned.
GIVEN under my hand and official seal this day of 20_.
NOTARY PUBLIC in and for the State of
Washington residing
My Commission Expires:
STATE OF WASHINGTON
:as
County of Franklin )
On this day personally appeared before me Jeff and Jennifer Kelly, husband and wife, to be known
to be the individuals described in and who executed the within and foregoing instrument, and
acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes
therein mentioned.
GIVEN under my hand and official seal this day of , 20 .
NOTARY PUBLIC in and for the State of
Washington residing
at:
My Commission Expires:
Latecomers Agreement - 4
Memo
To: Dave Zabell, City Manager
Ahmad Qayoumi, PE, Public Works Director
From: Michael A. Pawlak, PE, City Engineer
Date: November 14, 2014
Public Works Department
Engineering Division
Re: Canter Club Estates — Latecomers Agreement Request
Introduction. Jeff Kelly of J&J Kelly Construction, Inc., developer of Canter Club Estates, has
applied for a Latecomers Agreement with regard to the new watermain installed along N. Pearl
Street, west of Road 64. As part of the installation of public infrastructure to serve the new
residential development (Canter Club Estates), J&J Kelly Construction installed 635 LF of 8 -inch
Ductile Iron Water Pipe, including fire hydrants, valves and other appurtenances. The new
watermain will also serve the adjacent undeveloped property along the N. Pearl Street right-of-way,
upon its future development. The owner of that property, Leonid Parkhotyuk, negotiated with J&J
Kelly Construction and the City at the time of the watermain installation, to have a stub watermain
installed to the north for future connection.
Cost and Assessment Evaluation. Mr. Kelly submitted documentation quantifying the cost of
construction of the line including pipe, fittings, hydrants, tap to the existing City watermain in Road
64, engineering plan review and construction inspection costs, and utility costs. That
documentation has been reviewed by the Pasco Engineering Division and found to be reasonable
and complete. Staff has also reviewed the proposed assessment area and is in agreement that the
costs associated with the watermain installation should be shared equally (50/50) by each of the
properties abutting N. Pearl Street along the length (635 LF) of pipe installation.
The attached Exhibit A depicts both properties and the location of the new watermain. Upon
development application either property would be required to extend City water along the N. Pearl
Street alignment and connect to existing watermains at Road 64 and Road 67. Both property
owners would also be eligible to make application for a Latecomers Agreement for partial
reimbursement of eligible costs.
Assessment of costs may be determined in a variety of methods; front footage, square footage,
number of units, or zone and termini (PMC 14.12.040). Canter Club Estates ultimately developed a
total of 27 lots. At the time of application and calculation of assessments, no proposals had been
received for the property on the north side of the N. Pearl Street extension. In accordance with
PMC 12.36.050, properties are required to extend utilities along the frontage of the parcels to be
developed. The typical approach to assessing proportionate share of latecomer reimbursements
0 Page 1
along utility installations is the front footage method. A total estimated cost for the installation of the
watermain is $39,618.78. Assessments to the two property owners would then equal:
• Canter Club Estates (applicant) $19,809.39
• Leonid & Larisa Parkhotyuk (property located to the north of Pearl St) $19,809.39
Subsequent Development Application. Subsequent to the original application for developer
reimbursement by J&J Kelly Construction, an application for development of the parcel on the north
side of the N. Pearl Street alignment was received from Leonid Parkhotyuk. The application for
Legacy Flats (Parkhotyuk) is for subdivision of the property into 4 lots fronting N. Pearl Street and 2
lots fronting on Road 64. The development application was received on September 11, 2014; two
weeks after the August 29, 2014 preliminary assessment notification was sent to both property
owners.
Had Parkhotyuk applied for development of his parcel prior to the development of Canter Club
Estates, he would have been required to extend the watermain from Road 64 to Road 67 and tie
into both existing mains. He would have also been eligible to apply to the City Council for a
Latecomers Agreement in order to receive some reimbursement from the adjoining property owner
(Canter Club Estates) for a proportionate share of the watermain costs. That calculation would
have been prepared suing the front footage method. To change the method of calculation at this
time would not be fair and equitable, would place an additional burden on one property owner for
the benefit of the other.
Staff, therefore, recommends notification of the affected property owners and assessment of
proportionate share of costs in accordance with PMC Chapter 14.12. Street and Utilities
Assessment Reimbursement Agreements — Latecomers Agreements
0 Page 2
AGENDA REPORT
FOR: City Council Q/
TO: Dave Zabell, City Manager q
FROM: Colleen Chapin, Human Resources Manager G.
SUBJECT: Collective Bargaining Agreement with IAFF, Local 1433
I. REFERENCE(S):
January 15, 2015
Regular Mtg.: 1/20/15
1. Collective Bargaining Agreement with IAFF, Local 1433 - Proposed Collective
Bargaining Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
1/20: MOTION: I move to approve the Collective Bargaining Agreement with the IAFF,
Local #1433, for years 2014 - 2015 and, further, authorize the Mayor to
execute the agreement.
III. FISCAL IMPACT:
■ Increases average annual cost of fire operations (base wages and benefits) by
approximately $94,600.
IV. HISTORY AND FACTS BRIEF:
The previous contract terminated December 31, 2013.
V. DISCUSSION:
Negotiations commenced in July 2010. The parties reached a tentative agreement
November 25, 2014. Local 1433 notified the City on 1/15/15 that the members had voted to
ratify the tentative agreement. Following are the significant changes reflected in the new
agreement.
■ Effective January 1, 2014: 2% increase
■ Effective January 1, 2015: 2% increase
■ Incentive pay is added for the following certification: Public Fire Educator.
Staff recommends Council ratification of the Agreement.
10(b)
2014-2015
COLLECTIVE BARGAINING AGREEMENT
between
CITY OF PASCO
and
LOCAL NO. 1433
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
2014-2015
TABLE OF CONTENTS
Section A. General articles
ARTICLE 1— RECOGNITION.......................................................................1
Section 1.1—Union Recognized
Section 1.2—Negotiations
Section 1.3 — Classifications
ARTICLE 2 — TERM OF AGREEMENT..........................................................1
ARTICLE 3 — UNION SECURITY / PAYROLL DEDUCTION.................................2
Section 3.1— Assessment — Exceptions
Section 3.2 — Payroll Deductions
Section 3.3 — Hold Harmless
ARTICLE 4 — DISCRIMINATION......................................................................2
Section 4.1 — No Discrimination
ARTICLE 5— UNION BUSINESS......................................................................2
ARTICLE 6 — LEGISLATIVE COST INCREASES.............................................3
ARTICLE 7 — PREVAILING RIGHTS............................................................3
ARTICLE S — MANAGEMENT RIGHTS............................................................3
ARTICLE 9 — GRIEVANCE PROCEDURE...................................................4
Section 9.1— Procedure Steps
Section 9.2 — Non Compliance With Time Limits
Section 9.3 — Exceptions To Grievance Procedure
Section 9.4 — Election Of Remedies / Waiver
ARTICLE 10 — SUPPLEMENTAL AGREEMENT..............................................5
ARTICLE 11— PERFORMANCE OF DUTY — NO STRIKE AGREEMENT ............5
ARTICLE 12 — SAVINGS CLAUSE.................................................................5
ARTICLE 13 — FIRE CODE ENFORCEMENT.................................................6
Section B. Benefits
ARTICLE 14 — VACATIONS.......................................................................6
Section 14.1— Accrual
Section 14.2 — Vacation and Holiday Scheduling
2014 — 2015 Collective Bargaining Agreement between the City of Pasco and
Local 1433, International Association of Firefighters
i
Section 14.3 - Usage / Maximum Accrual
Section 14.4 - Separation From Service
Section 14.5 - Temporary and Probationary Employees
Section 14.6 - Vacation Cash Out
ARTICLE 15 - SICK LEAVE ........................................................
Section 15.1- Accrual
Section 15.2 - LEOFF Disability Leave
Section 15.3 - LEOFF II Employees
Section 15.4 - LEOFF Benefit Changes
Section 15.5 - Illness of Family Members
Section 15.6 - Notification and Reporting
Section 15.7 - Family and Medical Leave Act
ARTICLE 16 - SICK LEAVE BUY BACK.........................................................9
ARTICLE 17 - HOLIDAY PAY......................................................................10
Section 17.1- Holidays
Section 17.2 - Accrual / Utilization
ARTICLE 18 - BEREAVEMENT..................................................................11
ARTICLE 19 - HEALTH INSURANCE...........................................................11
Section 19.1 - Employee Medical Coverage
Section 19.2 - Employee Prescription Coverage
Section 19.3 - Employee Dental Coverage
Section 19.4 - Employee Vision Coverage
Section 19.5 - Dependent Medical Coverage
Section 19.6 - Dependent Prescription Coverage
Section 19.7 - Dependent Dental Coverage
Section 19.8 - Dependent Vision Coverage
Section 19.9
Section 19.10
Section 19.11- Re -opener Due to State or Federal Legislation
ARTICLE 20 - GROUP TERM LIFE INSURANCE...........................................13
ARTICLE 21- EDUCATION & TRAINING.....................................................13
Section 21.1- Employer Initiated Training
Section 21.2 - Employee Initiated Training
Section 21.3 - Fire Science and Advanced Life Support
ARTICLE 22 - UNIFORM / PROTECTIVE CLOTHING...................................14
Section 22.1 - Provisions and Maintenance
Section 22.2 - Quantity Provided to Each Employee
Section 22.3 - Replacement
Section 22.4 - Routine Safety Equipment Inspections
Section 22.5 - Cleaning
2014 - 2015 Collective Bargaining Agreement between the City of Pasco and
Local 1433, International Association of Firefighters
ii
Section C. Wages
ARTICLE 23 — WAGES...............................................................................15
Section 23.1 — 2014
Section 23.2 — 2015
Section 23.3 — Incentive Pay
Section 23.4 — Continuous Service Pay
Section 23.5 — Battalion Chief Pay
Section 23.6 — Captain Pay
Section 23.7 — Lieutenant Pay
Section 23.8 — Paramedic Pay
Section 23.9 — Firefighter Pay Steps
Section 23.10 — Adjusted Hourly Rate of Pay
ARTICLE 24 — OVERTIME PAY..................................................................16
Section 24.1 — Pre Scheduled Overtime
Section 24.2 — Time Paid
Section 24.3 — Call Back Pay
Section 24.4 — Off Duty Events
Section 24.5 — Overtime Rates
Section 24.6 — Exceptions
ARTICLE 25 — WORKING OUT OF CLASSIFICATION...................................18
ARTICLE 26 — BILINGUAL INCENTIVE PAY................................................18
ARTICLE 27 — HAZARDOUS MATERIALS INCENTIVE PAY ........................... 18
ARTICLE 28 — OFFICER / PARAMEDIC INCENTIVE PAY...............................18
Section D. Hours/Working Conditions/Rules
ARTICLE 29 — HOURS............................................................................19
Section 29.1— Shifts and Work Periods
Section 29.2 — Kelly Days
Section 29.3 — New Hires — Special Scheduling
Section 29.4 — Time Off Approvals
Section 29.5 — Productivity Emergency Stand-by Schedule
ARTICLE 30 — SHIFT REASSIGNMENT.......................................................20
ARTICLE 31— SHIFT EXCHANGE.................................................................20
ARTICLE 32 — VACANCIES / PROMOTIONS..................................................20
Section 32.1— Temporary Upgrade — Battalion Chief
Section 32.2 — Temporary Upgrade — Captain
Section 32.3 — Temporary Upgrade — Lieutenant
2014 — 2015 Collective Bargaining Agreement between the City of Pasco and
Local 1433, International Association of Firefighters
iii
ARTICLE 33 — STATION BIDDING..............................................................22
ARTICLE 34 — PROBATIONARY EMPLOYEES.............................................22
ARTICLE 35 — PARAMEDIC PERSONNEL....................................................23
ARTICLE 36 — INTER -FACILITY TRANSPORTS...........................................24
Section 36.1
Section 36.2 — Current Practice
Section 36.3 - Negotiations
ARTICLE 37 — STAFF MEETINGS................................................................24
Section 37.1 —Regular Meering
Section 37.2 — Decisions Regarding Department Operations
Section 37.3 — Off Duty Employees Required to Attend
ARTICLE 38 — RULES AND REGULATIONS...................................................24
ARTICLE 39 — WORK REQUIREMENTS.......................................................25
ARTICLE 40 — TOBACCO USE...................................................................25
ARTICLE 41— SUBSTANCE FREE WORK PLACE.........................................25
ARTICLE 42— OUTSIDE EMPLOYMENT.....................................................25
ARTICLE 43 — PHYSICAL FITNESS..............................................................25
Section 43.1 — Goals and Testing
Section 43.2 — Time
Section 43.3 — Place
Section 43.4 — Physical Exam
Section 43.5 — Physical Fitness Activities
Section 43.6 — Record of Employee Participation
Section 43.7 — Rules and Regulations / Safety Precautions
ARTICLE 44 — PERSONNEL REDUCTION.....................................................27
Section 44.1— Reductions Re -Employment
Section 44.2 — Seniority Defined
Section 44.3 — Seniority Listing
ARTICLE 45 — DISCIPLINE.........................................................................28
Section 45.1— Just Cause
Section 45.2 — Progressive Discipline
2014 — 2015 Collective Bargaining Agreement between the City of Pasco and
Local 1433, International Association of Firefighters
iv
ARTICLE 46 — 40-HOUR/WEEK UNIFORMED FIRE PERSONNEL...................29
Section 46.1
Section 46.2
Section 46.3
Section 46.4
Section 46.5
Section 46.6
Section 46.7
Section 46.8 — Vacation Cash Out
ARTICLE 47 — MODIFIED DUTY................................................................3 0
ARTICLE 48 —WSCFF MEDICAL EXPENSE REIMBURSEMENT PLAN (MERP).31
ARTICLE 49 — EMERGENTY CALLBACK PAGERS........................................31
SIGNATURE SHEET.................................................................................32
APPENDIX "A" — HOURLY WAGE RATES
APPENDIX "B" — SENIORITY LISTING
APPENDIX "C" — PHYSICAL FITNESS
APPENDIX "D" — SUBSTANCE FREE WORK PLACE
APPENDIX "E" — NOTIFICATION OF EMPLOYMENT
2014 — 2015 Collective Bargaining Agreement between the City of Pasco and
Local 1433, International Association of Firefighters
v
2014-2015
COLLECTIVE BARGAINING AGREEMENT
between
CITY OF PASCO
and
LOCAL #1433, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
This Agreement is made and entered into by and between the City of Pasco, Washington,
hereinafter referred to as the Employer and its Fire Department, and Local No. 1433 of the
International Association of Firefighters, hereinafter referred to as the Union.
ARTICLE 1— RECOGNITION
Section 1.1 — Union Recognized. The City recognizes the Union as the sole and exclusive
bargaining agent, for the purpose of establishing wages, hours and condition of employment, as
authorized by the Washington Public Labor Relations Act, for all full-time, regular, provisional or
temporary Fire Department employees in LEOFF classifications, with the exception of the Fire
Chief and Assistant Fire Chief. Said employees shall be covered by Civil Service as provided by
RCW 41.08.050.
Section 1.2 — Negotiations. The City, for the life of this agreement, agrees not to negotiate with
any other employee organization or its representative on matters pertaining to wages, hours or
conditions of employment for the employees represented by the Union as stated in this Article.
Section 1.3 — Classifications. If the City creates a new job classification and if the new
classification is a successor title to a classification covered by the agreement and the job duties are
not significantly altered or changed, the new classification shall automatically become a part of
this Agreement.
If the new classification contains a significant part of the work now being done by any of the
classifications covered by this Agreement, or if functions are similar to employees in this
bargaining unit, and the Union notifies the City of a desire to meet within ten (10) days of its
receipt of the City's notice, the parties will then meet to review the proposed classification and, if
unable to reach agreement as to its inclusion or exclusion from the unit, shall submit the question
to the Washington State Public Employment Relations Commission. If the inclusion of the
proposed classification is agreed to by the parties or found appropriate by the Washington State
Public Employment Relations Commission, the parties shall then negotiate as to proper pay for
the classification, the city being free to assign a temporary rate pending the resolution of
negotiations.
ARTICLE 2 — TERM OF AGREEMENT
This Agreement shall be effective January 1, 2014 and shall remain in full force and effect through
the 31' day of December, 2015.
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 1
ARTICLE 3 — UNION SECURITY/PAYROLL DEDUCTION
Section 3.1 Assessment — Exception. Any present employee of the Pasco Fire Department or any
future employee in the Pasco Fire Department coming within the classifications covered by this
Agreement shall pay the Union a monthly assessment as a contribution toward the administration
of this Agreement which shall be equivalent to the regular monthly dues of the Union, except under
circumstances of objection based upon bona fide religious beliefs. Said employee shall make the
same contribution to a charitable organization as agreed upon jointly between the Local #1433 and
the employee.
Section 3.2 Payroll Deductions. The City will deduct membership dues and any assessments
from all employees of the department covered under this Agreement, upon the receipt by the City
of a signed payroll deduction from each respective employee. The membership dues and
assessments shall be equal for all of said employees and the City shall pay the same monthly dues
or assessments withheld to the Secretary/Treasurer of said Local No. 1433. Further, the City will
submit a monthly accounting of said deductions, giving the amount deducted opposite the
employee's name. The City will also deduct the monthly sum for LEOFF II disability insurance
premiums for each employee who has submitted a signed request for payroll deduction. Such
deduction shall be remitted by the City to the Secretary/Treasurer of Local No. 1433 with the dues
deduction. The disability insurance deduction is a fixed monthly amount for each employee for
whom the deduction is taken, not a percentage of their pay.
Section 3.3 Hold Harmless. The Union shall indemnify, defend, and save harmless the Employer
against any and all claims, demands, suits or other forms of liability (monetary or otherwise) and
for all legal costs that shall arise out of or by reason of action taken or not taken by the employer
in complying with the provisions of this Article.
ARTICLE 4 — DISCRIMINATION
Section 4.1 No Discrimination. There shall be no discrimination against any employees because
of Union membership or non -Union membership. In accordance with applicable law, neither the
employer nor the Union shall discriminate against any employee covered by this Agreement
because of race, creed, color, national origin, sex, age, religion, marital status or disability, except
in the instance where age, sex, or absence of a disability may constitute a bona fide occupational
qualification under applicable law.
Whenever a male gender word is used in this Agreement it shall be construed to include male and
female employees.
ARTICLE 5 — UNION BUSINESS
Any employee elected or appointed to a Union position which occasionally requires his absence,
may, upon request of the Union, receive leave of absence for such activity. It is agreed that any
employee exercising this leave of absence will be permitted to arrange for qualified replacements
at no costs to the City. An employee requesting a leave of absence under this Article shall furnish
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 2
the Fire Chief with written notice from the Union President why the employee's absence is
required to attend the Union function.
ARTICLE 6 — LEGISLATIVE COST INCREASES
Should the Washington State Legislature enact legislation benefiting employees or immediate
families of employees covered by this Agreement, where the effect is to increase costs to the City
above those which exists at the time this Agreement is executed, the Union agrees to enter into
negotiations with the City, if requested, to negotiate the impact of the change.
ARTICLE 7 — PREVAILING RIGHTS
All rights and privileges held by the employees at the present time, which are not included in this
Agreement and which do not conflict with any provision of this Agreement shall remain in full
force and effect.
ARTICLE 8 — MANAGEMENT RIGHTS
The Union recognizes the exclusive right and prerogative of the City to make and implement
decisions with respect to the operation and management of the Fire Department. Provided,
however, that the exercise of any and all these rights shall not conflict with any provision of this
Agreement. Such rights include but are not limited to the following:
1. To establish the qualifications for employment and to employ employees.
2. To establish the makeup of the Fire Department's work force and make changes from time
to time, including the number and kinds of classifications, and direct the work force toward
the organizational goals established by the City.
3. The right to determine its mission, policies, and all standards of service offered to the
public.
4. To plan, direct, schedule, control and determine the operations or services to be conducted
by the employees of the Pasco Fire Department and City.
5. To determine the means, methods and number of personnel needed to carry out the
departmental operations and services.
6. To approve and schedule all vacations and other employee leaves.
7. To hire and assign or transfer employees within the Department or fire -related functions.
8. To lay off any employees from duty due to insufficient funds.
9. To introduce and use new or improved methods, equipment or facilities.
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 3
10. To assign work to and schedule employees.
11. To take whatever action necessary to carry out the mission of the City in emergencies.
12. To determine the department budget.
Any employee within the bargaining unit, who may feel aggrieved by the unfair or discriminatory
exercise of any of the management rights specified above, may seek his remedy by the Grievance
Procedure provided for in this Agreement.
ARTICLE 9 — GRIEVANCE PROCEDURE
Section 9.1 Procedure Steps. Disputes regarding the interpretation of this Agreement shall be
handled in the following manner:
Step 1: The Union shall formally submit grievances in writing to the Fire Chief or his
designee. Such submission shall state the factual basis for the grievance, the provision
or provisions of the Agreement allegedly violated, and the remedy requested.
Grievances which are not filed within thirty (30) calendar days from the date of the
alleged violation shall be deemed waived for all purposes.
The Fire Chief or designee shall convene a Step 1 meeting within seven (7) calendar days of receipt
of the grievance. Attendance at such meeting may include appropriate supervisors, a Union
representative and the individual grievant. The Fire Chief or designee shall render a decision in
writing to the Union within fourteen (14) calendar days after the conclusion of the Step 1 meeting.
Step 2: The decision of the Fire Chief maybe appealed in writing to the City Manager within
seven (7) calendar days of its receipt. The City Manager shall review the facts, convene
a meeting with the parties, and shall issue in writing the final decision of the employer
within fifteen (15) days of receipt of this Step 2 appeal.
Step 3: Disputes remaining unresolved shall be submitted to arbitration within thirty (30)
calendar days of the Step 2 answer of the employer. The arbitrator shall be selected
from a list of seven (7) requested from the Northwest FMCS Arbitrator pool. Selection
shall be made by alternative striking, with the parry requesting the arbitration striking
first. Only grievances which involve an alleged violation by the employer or a specific
article or provision of the Agreement and which are presented to the employer in
writing during the term of this Agreement and which are processed in the manner and
within the time limits herein provided shall be subject to arbitration.
The decision of the arbitrator shall be final and binding upon the parties. Provided, however, no
arbitrator shall have the authority to render a decision or award which modifies, adds to, subtracts
from, changes or amends any term or condition of this Agreement; further provided, a rendition of
a decision or award shall be in writing within thirty (30) calendar days of the close of the hearing
(or submission date of written briefs) and shall include a statement of the reasoning and grounds
upon which such decision or award is based.
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 4
The cost of the arbitration shall be born equally by both parties, including arbitrator's fees and
expenses, room rental and cost of record. Each party shall bear the cost of the preparation of its
own case.
Section 9.2 Non -Compliance With Time Limits. Failure of the aggrieved employee to comply
with the time limits set forth above will serve to declare the grievance is settled based upon the
last answer received and no further action can be taken. The time limits set forth herein may be
extended by mutual agreement.
Section 9.3 Exceptions To Grievance Procedure. Any grievance which is not filed in
accordance with the provisions of Section 9.1 of this Article is not subject to the grievance
procedures of this Agreement.
Section 9.4 Election Of Remedies/Waiver. The taking of a grievance through arbitration
constitutes an election of remedies and a waiver, where lawful, of all rights to litigate or otherwise
contest the appealed subject matter in any court or other available form. Likewise, litigation or
the contest of the grievance subject matter in any court or other form shall constitute an election
of remedies and a waiver of right to arbitrate the matter.
ARTICLE 10 — SUPPLEMENTAL AGREEMENT
This Agreement may be amended, provided both parties concur. Supplemental agreements may
be completed through negotiations at any time during the life of this Agreement. Either party may
notify the other party, in writing, of its desire to negotiate. Supplemental agreements, thus
completed, will be signed by the responsible Union and City officials. Supplemental agreements
thus completed shall become a part of the larger agreement and subject to all its provisions. The
parties agree that this Agreement constitutes all agreements with regard to wages, hours and
working conditions, and any and all negotiable items. This Agreement shall be amended only
upon mutual agreement of the parties.
ARTICLE 11— PERFORMANCE OF DUTY — NO STRIKE AGREEMENT
It is agreed that employees shall not plan, promote or be part of a strike, slowdown, sit-down, or
other stoppage of work which would reduce the effectiveness of the City in any way.
ARTICLE 12 — SAVINGS CLAUSE
If any provisions of this Agreement or the application of such provisions should be rendered or
declared invalid by any court action or by reason of any existing or subsequently enacted
legislation, the remaining parts or portions of this Agreement shall remain in full force and effect.
Any provisions declared invalid would be subject to re -negotiation by the parties.
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 5
ARTICLE 13 — FIRE CODE ENFORCEMENT
Bargaining unit work concerned with and related to the enforcement of the Uniform Fire Code
has been transferred outside of the bargaining unit at the discretion of the employer.
ARTICLE 14 — VACATIONS
Section 14.1 Accrual. Employees working twenty-four (24) hour shifts shall accrue vacation
credit at the rate of eleven (11) hours per month of continuous service (5 hours per pay period).
Upon completion of five (5) years of continuous service, each employee shall accrue thirteen (13)
hours per month of continuous service (6 hours per pay period). Upon completion of ten (10)
years of continuous service, each employee shall accrue vacation credit at fifteen (15) hours per
month of continuous service (7 hours per pay period). Upon completion of fifteen (15) years of
continuous service, each employee shall accrue vacation credit at the rate of seventeen (17) hours
per month (8 hours per pay period). Upon completion of twenty (20) years of continuous service,
each employee shall accrue vacation credit at the rate of nineteen (19) hours per month (9 hours
per pay period). Employees on extended sick leave (ninety-six (96) or more continuous hours)
due to off -the job incurred illness or injury, shall not earn vacation credit during the entire term of
such leave beyond the first forty-eight (48) hours. NOTE: the numbers in parentheses are rounded
off and reflect the existing two week pay period.
Section 14.2 Vacation and Holiday Scheduling. Vacation shall be scheduled to be taken at any
time from January 1St to December 31'. Preference shall be given to personnel with the greatest
seniority by rank provided operational requirements are met. Leave of absence over accrued
vacation time may be granted by the Fire Chief with approval of the City Manager. In addition,
the following shall apply to the scheduling of both vacation and holiday time off:
a. Minimum Time. Leave shall be taken for a minimum of two (2) consecutive hours.
b. Long Term Time Off. Employees shall be eligible to request long term time off (at least
three (3) full shifts) anytime throughout the calendar year. Long term time -off requests
shall have preference over shorter -term requests for time -off.
c. Short Term Time Off. Employees requesting time -off that is at least one full shift but
less than three full shifts shall be eligible to make such requests at any time within sixty
(60) days of the requested time -off. Short term time -off requests shall have preference
over time -off requests of less than a complete shift.
d. Less Than Complete Shift. Employees shall be eligible to apply for time -off requests
using less than twenty-four (24) hours at any time within forty-five (45) days of the
requested time -off.
e. Additional Preferences. Preference in multiple requests for time -off of otherwise equal
duration shall be given to an employee with the greater seniority by rank, provided
operational requirements are met and the less senior employee will not suffer unreasonable
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 6
hardship due to commitments (financial or otherwise) previously made following the
granting of their earlier submitted request.
Section 14.3 Usage/Maximum Accrual. Normally, employees will be required to take annual
vacation. Employees shall be permitted to accumulate vacation time equal to the amount which
can be earned in two (2) years at the applicable accrual rate. Time not taken which causes accrual
beyond two (2) full years will be lost to the employee unless, in the case of unique hardship, an
extension may be approved by the City Manager. Normally, employees will not take more than
one and one-half (1-1/2) years accumulation in any one year; however, the City Manager may
authorize longer leave in special cases.
Section 14.4 Separation From Service. Employees shall be granted pay in lieu of accrued
vacation leave at their adjusted hourly rate of pay at such time as they are separated from City
employment unless such separation is made during entrance probation periods.
Section 14.5 Temporary and Probationary Employees. Neither probationary employees nor
temporary employees are entitled to take vacation or holiday leave unless authorized by the Fire
Chief. A probationary employee will earn vacation credit which shall be credited to him when he
becomes a regular employee.
Section 14.6 Vacation Cash Out. Effective January 1, 2015, employees entering their tenth (10')
year of continuous service may cash out up to forty-eight (48) hours of vacation in December each
year, provided the employee has maintained satisfactory work performance and has taken at least
ninety-six (96) hours of vacation time.
ARTICLE 15 — SICK LEAVE
Section 15.1 Accrual. All twenty-four (24) hour shift employees covered by this Agreement shall
earn seven (7) hours of sick leave per pay period to an annual maximum of 182 hours. Sick leave
may be accumulated to a maximum of eight hundred and forty (840) hours for LEOFF I employees
and one thousand two hundred (1,200) hours for LEOFF II employees. Any employee using more
than forty-eight (48) successive hours of sick leave shall apply for disability leave and retain the
services of a physician. The City may, at its discretion, require an employee who has taken ninety-
six (96) or more hours of sick leave in any year to submit to a physician's verification of illness or
injury (medical exam) for any illness or injury immediately preceding or following a paid leave
day (holiday, personal, vacation day, etc.) or when there exists cause to believe that there may be
sick leave abuse. If it is a family member who is sick, the employer may require a doctor's
verification of the illness. Further, a statement by an attending physician may be required by the
City from an employee who utilizes more than ninety-six (96) hours of sick leave in a calendar
year.
Upon separation from the Department, twenty-five percent (25%) of all unused sick leave, to a
maximum of eight hundred and forty (840) hours, shall be paid at the prevailing hourly rate to
employees with less than twenty (20) years of service.
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 7
Effective January 1, 2015, upon separation from the Department, fifty percent (50%) of all unused
sick leave, to a maximum of eight hundred and forty (840) hours, shall be paid at the prevailing
hourly rate to employees with twenty (20) years or more of service.
Section 15.2 LEOFF I Disability Leave. The firefighters will have the protection of either the
provisions of sick leave in this Article of the contract, or the disability provisions of LEOFF I. If
the leave is of a long-term duration and if the LEOFF I provisions are reasonably available,
applications must be made to the LEOFF I system. In such situations where benefits are not
available under the LEOFF I system, sick leave provisions of this Article may be utilized.
Section 15.3 LEOFF II Employees. Upon initial employment, LEOFF II employees shall be
credited four hundred and twenty (420) hours of sick leave and no additional sick leave shall accrue
for the second through the thirtieth calendar months of the employee's service with the City.
Thereafter, commencing with the thirty-first full calendar month of service, such employee shall
accrue sick leave at the rate of seven (7) hours per pay period. Should a LEOFF II employee
terminate with a sick leave deficit (more hours used than would have been earned during the period
of service), the City shall be reimbursed out of other employee earnings. In addition, no sick leave
buy-back shall apply unless the net hours would have accrued during the period of service. These
provisions shall apply retroactively for currently employed LEOFF II personnel and prorated based
upon sick leave earned, used and/or borrowed.
Section 15.4 LEOFF Benefit Changes. In the event the LEOFF I or LEOFF II benefits are
increased or decreased by the legislature, the City and Union retain the right to open negotiations
regarding the provisions of this Article.
Section 15.5 Illness of Family Members.
1. In the event of a serious illness/injury in the immediate family of the employee, the
employee, at his request, shall be granted time off utilizing earned sick leave time.
Immediate family shall be defined as the spouse of the employee and his or her mother and
father.
2. Accumulated sick leave may be used to care for a child of the employee under the age of
eighteen (18) years of age with a health condition that requires treatment or supervision.
"Health condition that requires treatment or supervision" means:
(a) Any medical condition that requires medication that the child cannot self -medicate.
(b) Any medical or mental health condition that would endanger the child's safety or
recovery without the presence of a parent or guardian; or
(c) Any condition warranting preventative health care, such as physical, dental, optical or
immunization services, when a parent must be present to authorize treatment and when
sick leave may otherwise be used for the employee's preventative health care.
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters —Page 8
(d) Sub -sections (b) and (c) above are not intended to include medical or mental health
conditions which could adequately be supervised by a child's regular daycare provider.
(e) When both the employee and their spouse are employed and eligible for the family sick
leave benefits under Chapter 49.12 RCW, the employee shall use reasonable efforts to
annually equalize the use of the family sick leave benefit between the employee and
the employee's spouse. The employer may deny the use of this family sick leave
benefit who does not exercise such reasonable efforts.
(f) Any employee shall return to work and complete his regular shift assignment as soon
as the reason justifying the use of this family sick leave provision no longer exists,
whether due to betterment of the child's condition, completion of any required health
care services, completion of a spouse work day, or other reason justifying the use of
family sick leave.
"Child of the employee" means any child under the age of eighteen (18) years of age, who
is:
(1) The natural offspring of the employee.
(2) The adopted child of the employee.
(3) The natural or adopted child of the employee's spouse; or
(4) Under the employee's legal guardianship, legal custody, or foster care.
Section 15.6 Notification and Reporting. Notification of absence due to sickness shall be given
to the Fire Chief or his designee as soon as possible on the first day of such absence and every day
thereafter (unless this requirement is waived by the Chief) in as far in advance of the scheduled
work as possible. Generally, this report shall be made no later than one-half (1/2) hour before the
start of a shift. The notification must include the reason for the taking of the sick leave, including
the nature of the illness or injury and the general symptoms experienced. Failure to promptly
report an illness or injury may be considered an absence without pay and may subject the employee
to discipline as well. Employees on extended sick leave (96 or more continuous hours) due to off
the job incurred illness or injury shall not earn vacation or holiday time credits during the entire
term of such leave beyond the first forty-eight (48) hours.
Section 15.7 Family and Medical Leave Act. The requirements of the Federal Family and
Medical Leave Act will be administered as set forth in City Administrative Order No. 231
originated November 22, 1993: PROVIDED, HOWEVER, nothing therein shall reduce any leave
or payroll benefit otherwise provided for in this Agreement.
ARTICLE 16 — SICK LEAVE BUY BACK
Local #1433 and the City of Pasco agree that LEOFF II members may purchase, at their option
and at no cost to the City of Pasco, supplemental disability insurance coverage through agreement
with the Washington State Council of Fire Fighters and Local #1433.
LEOFF II members on extended sick/disability leave may apply to the insurance carrier of this
plan for benefits as provided under the plan, currently thirty (30) consecutive days of leave. The
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 9
Local and the City agree that any employee who receives benefit payments under this plan will
sign over these benefit payments to the City of Pasco for the sole purpose of buying back sick
leave hours used during the employee's sick/disability leave, on a dollar for dollar basis.
ARTICLE 17 — HOLIDAY PAY
Section 17.1 Holidays. The following and other such days as the City Council, by Resolution,
may fix are official holidays for all regular employees of the department:
l [1711117:V1
DATE
New Year's Day
January ls`
Martin Luther King's Birthday
3' Monday in January
Presidents' Da
3''a Monday in February
Memorial Day
Last Monday in May
Independence Day
Jul 4'
Labor Da
1' Monday in September
Veterans' Day
November l l'
Thanksgiving Day
4' Thursday in November
Day after Thanksgiving Da
4' Friday in November
Christmas Day
December 25`s
Personal Holiday
Employee's Choice
Section 17.2 Accrual/Utilization. Employees on extended sick leave (96 or more continuous
hours) due to off -the job incurred illness or injury, shall not earn holiday pay during the entire term
of such leave beyond the first forty-eight (48) hours. Subject to this exemption, all twenty-four
(24) hour shift personnel covered by this Agreement shall earn twelve (12) hours of time for each
holiday, which shall be utilized as follows:
(a) Eighty-four (84) hours per year will be cashed out at the employee's adjusted hourly rate
of pay and each employee will have the option of using or cashing out (or a combination
thereof) the remaining forty-eight (48) hours. Zero (0) hours carry-over.
(b) Cash -out of time shall occur on either or both (to the extent of holiday hours actually earned
or accrued prior to such date) the first paycheck in April or on the first paycheck in
December at the employee's adjusted hourly rate of pay. In order for holiday time to be
paid in April, the employee must submit a written request to the Chief at least two (2)
weeks prior to the first payday in April. The December payment shall be made
automatically by the employer. The cut-off date for scheduling of holiday time usage shall
be the first day of the pay period for the first payday in December. Holiday hours not
schedule or paid in April for the year by that day shall be cashed out by the City at the
employee's adjusted hourly rate of pay the first payday in December. For rules regarding
the scheduling of Holiday time off see Section 14.2
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 10
ARTICLE 18 — BEREAVEMENT
In the event of a death in the immediate family of an employee, the employee shall be granted up
to forty-eight (48) hours of leave from scheduled work with pay. Additional leave for such purpose
may be taken and charged to other earned leave upon authorization of the Fire Chief.
Documentation for need of such leave shall be provided when required by the City.
humediate family for these purposes should be defined as follows: spouse and children, parents,
grandparents, grandchildren, and siblings of the employee and his/her spouse.
ARTICLE 19 — MEDICAL/DENTAL/VISION INSURANCE
Section 19.1 Employee Medical Coverage. The City will provide medical insurance coverage
for LEOFF I and LEOFF II employees who will be covered by a plan providing for no deductible,
one hundred percent (100%) coverage. In addition the City will provide routine
wellness/preventive care coverage services with the first two hundred dollars ($200.00) being
covered at one hundred percent (100%), not subject to deductible or coinsurance; thereafter,
wellness/preventive care shall be covered at fifty percent (50%) not subject to deductible.
Section 19.2 Employee Prescription Coverage. The City will provide prescription insurance
coverage for LEOFF I and LEOFF II employees who will be covered by a plan providing for no
deductible, one hundred percent (100%) coverage of eligible expenses. The employee will not be
required to pay for any prescription costs at time of prescription pickup. Employee pays zero
percent (0%), one hundred percent (100%) coverage.
Section 19.3 Employee Dental Coverage. The City will provide dental insurance coverage for
LEOFF I and LEOFF II Employees who will be covered by a plan providing one hundred percent
(100%) coverage of Class 1 expenses (i.e., covered diagnostic and preventive care), eighty percent
(801/o) coverage of Class 2 expenses and fifty percent (50%) coverage for Class 3 expenses. The
maximum annual benefit for dental expenses is one thousand five hundred dollars ($1,500) per
employee. The dental coverage shall be subject to a maximum twenty-five dollar ($25.00)
deductible per person per calendar year to a maximum of seventy-five dollars ($75.00) per family;
provided the dental deductibles shall not apply to covered Class 1 expenses and shall apply to the
medical deductible limitation established in sections 19.5 and 19.6.
Section 19.4 Employee Vision Coverage. The City will provide vision insurance coverage for
LEOFF I and LEOFF II employees who will be covered by a plan providing for a twenty-five
dollar ($25.00) co -pay every plan year. Employee coverage will include a wellness exam every
plan year; prescription lenses every plan year, frames every other plan year, (or) contact lens care
every plan year. In addition employees will receive extra discounts and savings on glasses,
sunglasses, contacts, laser vision correction. (See attached VSP benefit summary)
Section 19.5 Dependent Medical Coverage. The City will provide medical insurance coverage
for dependents of LEOFF I and LEOFF II employees who will be covered by a plan providing for
a two hundred dollar ($200.00) deductible per person per calendar year, to a maximum of six
hundred dollars ($600.00) deductible per covered family per calendar year. Dependent coverage
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 11
will be an eighty/twenty percent (80% / 20%) co-insurance which applies to all covered expenses
incurred. In addition, the City will provide routine wellness/preventive care coverage services
with the first two hundred dollars ($200.00) being covered at one hundred percent (1000/o), not
subject to deductible or co-insurance; thereafter, wellness/preventive care shall be covered at fifty
percent (50%), not subject to deductible.
Section 19.6 Dependent Prescription Coverage. The City will provide prescription insurance
coverage for dependents of LEOFF I and LEOFF II employees. Dependent coverage will be an
eighty/twenty percent (80% / 20%) co-insurance which applies to all covered expenses incurred.
Dependents will only be required to pay their portion (20%) of the prescription costs at time of
prescription pickup.
Section 19.7 Dependent Dental Coverage. The City will provide dental insurance coverage for
dependents of LEOFF I and LEOFF II employees who will be covered by a plan providing one
hundred percent (100%) coverage of Class 1 expenses (i.e., covered diagnostic and preventive
care), eighty percent (80%) coverage of Class 2 expenses and fifty percent (50% coverage for
Class 3 expenses. The maximum annual benefit for dental expenses is one thousand five hundred
dollars ($1,500) per dependent. The dental coverage shall be subject to a maximum twenty-five
dollar ($25.00) deductible per person per calendar year to a maximum of seventy-five dollars
($75.00) per family; provided the dental deductibles shall not apply to covered Class 1 expenses
and shall apply to the medical deductible limitation established in section 19.5 and 19.6.
Section 19.8 Dependent Vision Coverage. The City will provide vision insurance coverage for
dependents of LEOFF I and LEOFF II employees who will be covered by a plan providing for a
twenty-five dollar ($25.00) co -pay every plan year. Dependent coverage will include a wellness
exam every plan year, prescription lenses every plan year, frames every other plan year, (or)
contact lens care every plan year. In addition, dependents will receive extra discounts and savings
on glasses, sunglasses, contacts, laser vision correction. (See attached VSP benefit summary.)
Section 19.9 The City agrees to provide a Medical/Dental/Vision hisurance plan that is equal to
or better than the plans currently in effect. The City retains the right to maintain a self-insurance
program or to select insurance carriers for the purpose of containing premium rate increases.
Section 19.10 Each employee (except LEOFF I employees without dependents) will pay two
percent (2%) of the top step Firefighter classification base monthly wage toward the monthly
assessment for said Medical/Dental Insurance. Vision coverage premium covered by the City.
Section 19.11 Nothing in this article reduces benefits that the employee and/or their dependents
have a right to under State and/or Federal legislation.
Section 19.12 Re -opener Due to State or Federal Legislation. Notwithstanding the above, in
the event State or Federal legislation required the City to make changes in the group medical
benefits provided employees during the life of this agreement, the City reserves the right to make
required changes; provided, however, the City provides the bargaining representative with, at least,
thirty (30) days' advance notice of the change(s) and, further provided, that either the City or the
Union may require that this article be reopened in negotiations if the change(s) result in a reduction
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 12
of benefits or an increase (by at least ten percent) in the then existing premium paid for an
employee, his/her spouse and dependents by providing the other with written notice within
fourteen (14) days receipt by the bargaining representative of the notice from the City of the
proposed change(s).
ARTICLE 20 — GROUP TERM LIFE INSURANCE
The City agrees to provide group term life insurance coverage for employees in the current group
term life insurance plan provided by the City as a benefit to its employees city-wide, or its
equivalent, with face -value coverage of Fifteen Thousand Dollars ($15,000.00) for each employee.
ARTICLE 21— EDUCATION & TRAINING
Section 21.1- Employer Initiated Training. Is training directly related to the employee's job if
it is intended to help the employee learn, maintain, or improve any job functions and/or activities
more effectively, that the employee is expected or could be expected to perform at their current
job. Or, any training that is desired by the city for the employee's current job functions and/or
activities.
The following shall apply to Employer Initiated Training;
a. Education/Training must be approved by the Fire Chief or his designee.
b. Actual costs of books, fees, tuition, registration, or any other costs shall be
covered by the City.
C. Employee(s) shall receive overtime compensation as per Article 24 for all actual
hours in class/training and travel time outside their regular scheduled shift/hours.
d. If the training duration is of multiple days and over fifty (50) miles away from the
Tri -Cities metropolitan area, the employee(s) attending training shall be backfilled
to cover their regular scheduled shift as needed to meet staffing levels.
Employee(s) shall receive per diem for mileage, meals, and lodging based on the
Standard Federal Rate, for the specific travel destination.
e. If the training is less than fifty (50) miles away from the Tri -Cities metropolitan
area employee(s) attending training shall be backfilled to cover their regular
scheduled hours for training and travel time as needed to meet staffing levels.
Employee(s) shall receive per diem for mileage and meals based on the Standard
Federal Rate, for the specific travel destination. Normally the employee(s) will be
expected to return to work after their education/training for the day has
concluded.
f. The Fire Chief or his designee may deem it unsafe to travel back from training
for any reason including but not limited to weather and road conditions, time of
day travel is to take place, etc. In cases where the Fire Chief or his designee
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 13
deems it unsafe to travel, the employee(s) attending training shall be backfilled to
cover their regular scheduled shift/hours as needed to meet staffing levels.
Employee(s) shall receive per diem for lodging based on the Standard Federal
Rate, for the specific travel destination in addition to per diem mentioned in
paragraph (e) above.
Section 21.2 - Employee Initiated Training — Employee initiated training is training sought by
an employee for the purpose of preparing for advancement, and is not intended to maintain or
improve their current job functions and/or activities. The department supports professional
development for its members and may elect to support the employee's requests to attend
Employee Initiated Training in one (1) or more ways as provided for Employer Initiated
Training. The determination of any support will be subject to seniority, financial resources, and
department staffing needs.
Section 21.3 — Fire Science and Advanced Life Support. Employees shall be eligible for
reimbursement for the actual cost of books, fees, and tuition and the payment of per diem for
courses in fire science or advanced life support. A grade of "C" or better must be obtained if it is
a graded course, or a certificate of completion be issued to an employee in a non -graded course.
a. Employees intending to take classes in fire science shall submit a letter of intent to do so
by June I", prior to the year seeking reimbursement.
b. Paramedics shall be eligible for overtime pay for actual hours in attendance at no more than
one (1) meeting per month called by the physician advisor, subject to approval of the Fire
Chief; however, no call out pay shall be required.
c. Paramedics shall be eligible for off duty overtime for attendance at courses that are required
by the regional Medical Program Director (MPD) and approved by the Fire Chief. Such
training will be allowed "on duty" if response status and/or manpower allows. No call
back pay shall be required.
ARTICLE 22 — UNIFORM/PROTECTIVE CLOTHING ARTICLES
Section 22.1 Provisions and Maintenance. All uniforms, protective clothing, or protective
devices required for employees in the performance of their duties shall be furnished to the
employees by the City. The cleaning of safety clothing shall be accomplished on duty or by the
City through commercial facilities. The cleaning of daily duty uniforms shall be the responsibility
of the employer.
Section 22.2 Quantity Provided to Each Employee. In the first year of employment, five (5)
sets of daily uniforms will be furnished to each employee. Thereafter, one (1) uniform per year
will be purchased as needed to maintain uniform appearance. Winter coats and cold weather gear
will be purchased and replaced by the City as conditions warrant. The employer will maintain on
hand "throw -away" coveralls for the use of employees as conditions warrant.
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 14
Section 22.3 Replacement. Equipment and/or clothing lost, stolen, destroyed, or damaged in the
line of duty, and without negligence on the part of the employee, will be replaced by the City
without cost or charge to the employee. Clothing and equipment provided by the City shall be
purchased and maintained with regard to employee's health and safety.
Section 22.4 Routine Safety Equipment Inspections. Safety equipment will be inspected and
maintained to meet vertical standards of safety and operational conditions.
Section 22.5 Cleaning. Exercise clothing consisting of T-shirts and shorts shall be provided and
laundered by the employer. Employees shall provide and launder off the work premises their own
socks, athletic shoes, under clothing and personal equipment.
ARTICLE 23 — WAGES
Section 23.1 2014. Effective January 1, 2014, the base hourly wage rate for top -step firefighter
under this agreement shall increase by two percent (2%).
Section 23.2 2015. Effective January 1, 2015, the base hourly wage rate for top -step firefighter
under this Agreement shall increase by two percent (2%).
Section 23.3 Incentive Pay. Employees may only receive incentive pay for up to two (2) skills
from this section. If an employee qualifies for more than two (2) skills s/he shall receive the two
(2) highest percentage incentives qualified for.
TRT
3% of top -step firefighter
HazMat
2% of top -step firefighter
SCBA Technician
2% of top -step firefighter
Communications Technician 2% of top -step firefighter
Bilingual (certified)
2% of top -step firefighter
Fire Investigator
2% of top -step firefighter
Public Fire Educator
2% of top -step firefighter — Effective 01/01/2015 —1 per shift
Section 23.4 Continuous Service Pay. Continuous service pay shall be computed on the
individual employee's hourly rate of pay at two percent (2%) after ten (10) years of continuous
service with the department; three percent (3%) after fifteen (15) years of continuous service with
the department; four percent (4%) after twenty (20) years of continuous service with the
department; and five percent (5%) after twenty-five (25) years of continuous service with the
department.
Section 23.5 Battalion Chief Pay. The base hourly rate of pay for the Battalion Chief position
shall be maintained at twenty-five (25%) above top -step firefighter.
Section 23.6 Captain Pay. The base hourly rate of pay for the Captain position shall be
maintained at fifteen percent (15%) above top -step firefighter.
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 15
Section 23.7 Lieutenant Pay. The base hourly rate of pay for the Lieutenant position shall be
maintained at ten percent (10%) above top -step firefighter.
Section 23.8 Paramedic Pay. The base hourly rate of pay for the paramedic position shall be
maintained at ten percent (10%) above the firefighter step s/he falls under.
Section 23.9 Firefighter Pay Steps. All firefighter pay steps will be figured on a percentage of
top -step firefighter.
Step 1 firefighter
Step 2 firefighter
Step 3 firefighter
Step 4 firefighter
Step 5 firefighter
0 —12 months 80% of top -step firefighter
13 — 24 months 85% of top -step firefighter
25 — 36 months 90% of top -step firefighter
37 — 48 months 95% of top -step firefighter
49+ months 100% of top -step firefighter
Lateral hires for Firefighter and Paramedic shall start at pay Step 3 — 25 months.
Section 23.10 Adjusted Hourly Rate of Pay. Adjusted hourly rate of pay, when used in this
agreement, means the employee's base hourly rate of pay plus incentives and continuous service
pay.
Note:
The Battalion Chief position is a name change only. All current Captains (three 24-hour shift and
one day shift) will now be called Battalion Chiefs. This does not change their duties or how they
carry out their duties.
The Captain position is a name change only. All current Lieutenants (nine 24-hour shift and one
day shift) will now be called Captains. This does not change their duties or how they carry out
their duties.
The Lieutenant position, as it pertains to this Agreement, is a new position (three in total, one per
shift.)
ARTICLE 24 — OVERTIME PAY
The City shall administer overtime according to the following provisions:
Section 24.1 Pre -Scheduled Overtime. Any pre -scheduled overtime must be approved by the
Fire Chief. Any emergency overtime may be approved by the Duty Officer, but only in accordance
with departmental regulations.
Section 24.2 Time Paid. Time worked to the nearest greater one-half hour beyond an employee's
regularly scheduled shift shall be paid at one and one-half times the employee's adjusted hourly
rate of pay. The time and one-half shall be paid for all hours worked rounded to the greater half
hour.
2014-2015 Collective Bargaining Agreement between City of Pasco and
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Section 24.3 Call Back Pay. Effective January 1, 2015, except as otherwise stated herein below,
an employee who is called back to duty from off the station site after his normal shift has ended,
but before the scheduled start of his next shift, shall receive the sum of sixty Dollars ($60.00) plus
one hour minimum of overtime pay.
Section 24.4 Off -Duty Events. Any employee attending a meeting, public function, schooling or
training outside his regular shift shall not be eligible for call back pay per subsection 24.3, except
when the employee's attendance is required by the administration and the employee has not been
given at least seventy-two (72) hours' notice of said function, in which case the employee shall be
paid call back pay per subsection 24.3.
Section 24.5 Overtime Rates. When it is necessary to hold an employee beyond his regular or
exchange shift, he shall be paid at the time and one-half rate and no call-back pay shall apply. In
the event coverage is required due to the absence of another employee, as soon as practical either
a twelve (12) or twenty-four (24) hour shift shall be offered to employees in inverse order of
accumulated overtime (those with least amount first). However, if an employee is willing to work
the full twenty-four (24) hours they shall bump the employee/employees wanting to split the shift.
Call-back pay shall not apply when employees work the full twenty-four (24) hours or voluntarily
split the twenty-four (24) hour shift.
Section 24.6 Exceptions. The City and Local have agreed to the following exceptions of having
to first offer overtime to all employees in inverse order of accumulated overtime (those with the
lease amount first), in the following two (2) situations:
a. In the event coverage is required due to the absence of another employee and there
are less than two (2) officers on duty; an Officer/Paramedic counts as an officer on
duty.
b. In the event coverage is required due to the absence of another employee and there
are less than three (3) paramedics on duty; an Officer/Paramedic counts as a
paramedic on duty.
In either of these two situations, as soon as practical, either a twelve (12) or twenty-four (24) hour
shift shall be offered to officers and/or paramedics in inverse order of accumulated overtime (those
with the least amount first) before having to offer overtime to all employees in inverse order of
accumulated overtime (those with the least amount first.) However, if an employee is willing to
work the full twenty-four (24) hours they shall bump the employee/employees wanting to split the
shift. Call-back pay shall not apply when employees work the full twenty-four (24) hours or
voluntarily split the twenty-four (24) hour shift.
The City and Local have also agreed that at any time the City reduces the number of officers and/or
paramedics on the department below the following levels, this Section 24.6 Exceptions, will be
null and void and this contract will revert back to Sections 24.1 through 24.5 only.
Four (4) Battalion Chiefs on department. One (1) per shifts A, B, C and one (1) day shift.
Ten (10) Captains on department. Three (3) per shifts A, B, C and one (1) day shift.
Three (3) Lieutenants on department. One (1) per shifts A, B, C
Six (6) Paramedics per first run Medic Ambulance.
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 17
ARTICLE 25 — WORKING OUT OF CLASSIFICATION
Any person covered by this Agreement who is required to accept responsibilities in carrying out
the duties of position or rank above which they normally hold, shall be paid at the base hourly rate
of pay and incentives for that position or rank plus the employee's continuous service pay, or his
regular adjusted hourly rate of pay, whichever is higher, while so acting.
ARTICLE 26 — BILINGUAL INCENTIVE PAY
Bilingual incentive pay shall be paid to any Local member who demonstrates fluency in the
Spanish language. Proof of fluency shall be determined by a test approved by the Civil Service
Commission. Bilingual incentive pay shall be computed as outlined in Article 23 Wages, Section
23.3 Incentive Pay.
ARTICLE 27 — HAZARDOUS MATERIALS INCENTIVE PAY
The Union and the City recognize that response to Hazardous Materials incidents and Technical
Rescue incidents are basic to the fire service and the duty of a firefighter. The Union and the City
also recognize that employees who have received special training at least equivalent to qualify as
a "specialist" under the National Fire Protection Association Standard 472 "Professional
Competence of Responders to Hazardous Materials Incidents" and those who qualify for and are
appointed by the Fire Chief to the Technical Rescue Team, who utilize and exercise such training,
knowledge and experience in emergency response calls in their work for their department should
receive additional compensation. Hazardous Materials and Technical Rescue incentive pay shall
be computed as outlined in Article 23 Wages, Section 23.3 Incentive Pay. Hazardous Materials
and Technical Rescue Team members shall also be eligible for pay at the individual's overtime
rate with no call -out pay, to attend all schedule team drills or classes as required by the Hazardous
Materials Team Coordinator or Technical Rescue Team Coordinator. The Union and the City
agree that the number of team members shall be limited to six (6) employees for Hazardous
Materials Team members and nine (9) employees for Technical Rescue Team members, as
approved by the Fire Chief. On duty members of both teams shall be allowed to respond when
their respective teams are activated and the City will call back personnel, as needed, to backfill
their positions. Off duty team members recognize the method of notification for incidents will be
by way of cell phone text and will be allowed to respond when their team is activated and will be
subject to overtime and call back pay.
ARTICLE 28 — OFFICER/PARAMEDIC INCENTIVE PAY
Effective January 1, 2015, Four percent (4%) of base hourly rate shall be paid to any
Firefighter/Paramedic, Lieutenant, or Captain who satisfactorily maintains a Washington State
Paramedic Certification and performs said duties while in an upgrade position (lieutenant/captain
upgrade.) The City shall offer those training benefits listed in Article 21 (Education article) for
maintenance of Paramedic Certification. This article does not pertain to the position of Battalion
Chief as the Battalion Chief s responsibility is incident commander.
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Local No. 1433, International Association of Fire Fighters — Page 18
ARTICLE 29 — HOURS
Section 29.1 Shifts and Work Periods. The duty schedule for Suppression and Paramedic
personnel shall consist of a twenty-eight (28) day work period wherein 192, 200, or 208 duty hours
are scheduled on a regular, cyclical basis. This averages to a fifty (50) hour duty week. Shifts will
commence at 8:00 a.m. and will terminate at 8:00 a.m. the following day. Normally, the cycle will
be twenty-four (24) hours on duty followed by forty-eight (48) hours off duty with a Kelly Day
(additional shift off) scheduled during every work period for a total of thirteen (13) annually.
Section 29.2 Kelly Days. Kelly Days must be taken within the work period earned. The scheduled
date of a Kelly Day may be changed provided a request is submitted to the Fire Chief at least forty-
eight (48) hours in advance and said request is approved. The Fire Chief shall post the schedule
in December for Kelly Days to be taken for the following year. A draft schedule shall first be
submitted to the Chief by each shift Battalion Chief following the procedure established by the
department rule.
Section 29.3 New Hires — Special Scheduling. New hires may be assigned a five (5) day/ten —
(10) hour per day work week scheduled during the first two (2) months of employment to facilitate
their training. New hires shall receive fourteen (14) days' advance notice of any schedule change.
Section 29.4 Time Off Approvals. Approval of any requests for time off from a scheduled work
shift is subject to the discretion of the Fire Chief or his designee. Up to four (4) men will be given
time off at any given time from any shift for Kelly Day, Vacation Leave, Holiday Leave, or any
combination thereof; provided, this "four (4) employees off rule" shall not include any employee
on sudden sick leave, disability leave, bereavement leave, civil leave, jury service or required
appearance at legal proceedings due to a work related incident, or an approved leave of absence
without pay.
Section 29.5 Productivity Emergency Stand -By Schedule. On -duty employees shall maintain
a productivity/emergency stand-by schedule. Except as otherwise stated below, productivity time
with scheduled work or training shall normally be from 0800 to 1600, with a lunch hour from 1200
to 1300 and fifteen (15) minute breaks in the morning and afternoon. 1600 to 1800 hours Monday
through Friday, and 1300 to 1500 hours on Saturdays, Sundays, and Holidays, shall normally be
for physical fitness as stated in the Physical Fitness Article. 1600 to 1800 hours on Saturdays,
Sundays, and Holidays, shall normally be for assigned training and work. 1800 to 2000 hours
shall be the dinner hour. 2000 to 2200 hours shall be for training (limited to four (4) days in any
calendar week and excepting Sundays and holidays if other days in the week are otherwise
available). 2200 to 0800 hours shall be considered emergency stand-by time.
Exceptions:
• Stand-by for emergency medical services at Pasco high schools' athletic events may take
place during emergency stand-by time.
• Transports as outlined in Article 36 — Inter -Facility Patient Transports may take place
during emergency stand-by time.
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Local No. 1433, International Association of Fire Fighters — Page 19
ARTICLE 30— SHIFT REASSIGNMENT
The City will cooperate to the extent reasonably possible with the affected employees to minimize
or eliminate any loss of hours or benefits due to a shift reassignment initiated by the City, through
the use of advance notice, voluntary shift exchanges, working additional hours, or other available
means not increasing the wages or benefits that would be paid by the City to the employees had
the shift reassignment not occurred. However, any planned shift reassignment for an upcoming
year shall normally take place early in the calendar year to facilitate the scheduling and taking of
vacations, holiday leave or other long-range time -off benefits.
ARTICLE 31— SHIFT EXCHANGE
Employees shall be permitted to change shifts or portions thereof when the change does not
interfere with the best interest of the Fire Department and with the approval of the Fire Chief or
his designee. Approval of the Fire Chief is contingent upon the employees meeting the following
conditions:
1. The exchange is voluntary and upon the written request of the two involved employees.
Documentation shall not be required for requests under twelve (12) hours.
2. The exchange is between individuals of equal rank and/or there will be no increased costs
to the City. Paramedics will be permitted to exchange shifts with firefighters provided at
least one (1) paramedic per station remains on the regular shift at the time the written
request is submitted and approved. For the purpose of this section, it is understood that if
it is necessary to call back a paramedic, only a paramedic shall be called back. The
paramedic with the lowest overtime hours shall be called first...
3. The time will be paid back within twelve (12) months.
4. The voluntary request for such change or trade is submitted on the proper form provided
by the Fire Chief.
ARTICLE 32 — VACANCIES/PROMOTIONS
Section 32.1 Temporary Upgrade —Battalion Chief. In the event a twenty-four (24) hour shift
Battalion Chief is absent from his regular scheduled shift, the position shall be filled within the
ranks of the department in the following order.
1) Captain from duty shift with highest score on Battalion Chief's Eligibility List.
2) Captain from duty shift by seniority based on time in grade. The senior Captain on duty may
tum down the upgrade provided another Captain on duty takes the upgrade.
3) Off duty Battalion Chief or Captain in inverse order of accumulated overtime (those with the
least amount first).
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4) Lieutenant from duty shift with the highest score on the Captain's Eligibility List. Minimum of
four (4) years of officer experience.
5) Off duty Lieutenant in inverse order of accumulated overtime (those with the least amount
first). Minimum of four (4) years of officer experience.
6) However, in order to work as an upgrade Battalion Chief, personnel must have the following,
or the equivalent for each:
IFSAC FF 1
IFSAC FF 2
IFSAC Fire Officer 1
Hazardous Materials Operations
HazMat On Scene IC
NFA Incident Safety Officer
IS -100, IS -200,1-300
Confined Space Operations
Trench Rescue Operations
It is understood that a firefighter shall not upgrade to acting Battalion Chief.
When it is necessary to establish a Battalion Chief s Eligibility List, a Civil Service examination
will be given to employees within the department with at least four (4) years' experience and to
persons outside the department with at least four (4) years' experience in a full-time position (at
least 2,000 hours per year) in a fire suppression agency. Employees shall be given a six (6) month
notification that a Battalion Chief s Civil Service Examination will be given.
Section 32.2 Temporary Upgrade — Captain. In the event a twenty-four (24) hour shift Captain
is absent from his regularly scheduled shift, the position shall be filled by a Lieutenant from the
duty shift. If no Lieutenant is on duty, see Section 32.3 Temporary Upgrade Lieutenant.
When it is necessary to establish a Captain's Eligibility List, a Civil Service examination will be
given to employees within the Department with at least four (4) years' experience and to persons
outside the department with at least (4) years' experience in a full-time position (at least 2,000
hours per year) in a fire suppression agency. Employees shall be given a six (6) month notification
that a Captain's Civil Service Examination will be given.
Section 32.3 Temporary Upgrade — Lieutenant. If there is no Lieutenant on duty to fill a
temporary Captain upgrade, the employee with the highest score on the Lieutenant's Eligibility
List, amongst the duty shift, shall be upgraded to Lieutenant, unless an officer has accepted a
twenty-four (24) overtime shift. In the event no one from the eligibility list is on the shift, then
the senior firefighter with regard to continuous service shall be appointed to the upgrade. The
firefighter shall be allowed to refuse an upgrade to Lieutenant, provided that another member of
the shift accepts the upgrade and no overtime costs are incurred.
A Lieutenant's Eligibility List shall be maintained from a Civil Service examination given at least
every two (2) years to employees within the department with at least four (4) years' experience
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 21
and to persons outside the department with at least four (4) years' experience in a full-time position
(at least 2,000 hours per year) in a fire suppression agency.
The City and Local have also agreed that at any time the City reduces the number of officers on
the department below the following levels, this Article will revert back to the intent as in the 2008-
2010 CBA. This would mean any officer could serve as a Battalion Chief upgrade, and any
firefighter on an officer promotional list could serve as a Battalion Chief upgrade.
Four (4) Battalion Chiefs on department. One (1) per shifts A, B, C and one (1) day shift.
Ten (10) Captains on department. Three (3) per shifts A, B, C and one (1) day shift.
Three (3) Lieutenants on department. One (1) per shifts A, B, C
ARTICLE 33 — STATION BIDDING
Since the Pasco Fire Department operates out of three fire stations, employees on each of the (3)
three shifts A, B, and C, will be allowed to bid for station assignments every two years on their
shift.
Management will coordinate the bid process. The Fire Chief shall issue a memorandum with an
accompanying Station Bid form to each employee and record each response until all of the station
assignments for each shift are completed. The employees within each classification on their
respective shift shall bid based on descending seniority with the most senior having preference on
station assignments. The order of bidding will start with the Captains and be followed by the
Lieutenants, the Firefighter/Paramedics, and then the Firefighters. Battalion Chiefs will not bid
on station assignments. Seniority is defined in Article 44 — Personnel Reduction.
Bidding will not occur due to vacancies.
Notwithstanding the above, the Fire Chief, at his discretion and for reasonable cause, may make
changes in the shift or station assignments to meet the operational needs of the department,
including, but not limited, to staffing of shift officers and firefighter/paramedics. Except in
emergencies, thirty (30) days advanced notice will be given any employee who will be transferred
and the Fire Chief shall provide a statement in writing to the affected employee(s) giving the
reasons for the transfer.
Employees on probation upon entering city service shall not be entitled to take vacation or holiday
leave. A probationary employee will earn vacation credit which shall be credited to the employee
when s/he becomes a regular employee. A probationary employee shall earn sick leave credit in
accordance with Article 15 and shall be allowed to utilize sick leave benefits as set forth in Article
15. However, probationary employees must provide documentation (a written explanation from
health care provider or employee) to the Fire Chief or his designee for all sick leave used.
Probationary employees who do not pass their probation for any reason shall not receive any
accumulated leave benefits under this agreement, except any holiday hours they were required to
cash out by contract.
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Local No. 1433, International Association of Fire Fighters — Page 22
ARTICLE 35 — PARAMEDIC PERSONNEL
Section 35.1 The Union agrees to actively support the paramedic program and agrees to support
the maintenance and operation of the paramedic program, as determined by the City, to provide an
effective level of service to the community. Further, the Union shall work jointly with the City in
securing committed applicants for open positions.
Section 35.2 From time to time, as a local paramedic training program is available, the City may
offer employees in the Firefighter classification the opportunity to participate in the local
paramedic training program by reimbursement to the employee of their tuition and cost of their
books and other training materials. Employees requesting employer assistance in paramedic
training as set forth herein shall be screened by a committee whose membership shall include
Union representatives. The committee shall rank and make recommendation to the Fire Chief of
a list of the applicants showing the greatest potential to complete the training program and
commitment to long-term paramedic service for the City. The Chief's determination as to the
employee(s) selected for the City -assisted paramedic training program shall be final.
Section 35.3 Employees selected for the paramedic training program by the Fire Chief, once
enrolled, shall utilize their best efforts to successfully complete the program. Any request by
trainees to drop out of the program must be made in writing to the Fire Chief. Approval to
discontinue training shall be given only by the Fire Chief, with concurring approval of the City
Manager.
Section 35.4 Any Firefighter promoted to the Paramedic/Firefighter classification is expected to
remain in the Paramedic/Firefighter classification unless promoted or permission is granted by the
Fire Chief to transfer back to the Firefighter classification pursuant to Section 35.5 below.
Section 35.5 Paramedic/Firefighter personnel may, after eight (8) years in the classification of
Paramedic/Firefighter, make written request to the Fire Chief to be allowed to return to the
Firefighter classification. The request shall be granted provided there are vacant Firefighter
position(s) available in the Fire Department due to resignation, dismissal, promotion or expansion.
In the event two or more Paramedic/Firefighters request reclassification to the Firefighter
classification and there are insufficient available positions, the most senior Paramedic/Firefighter
shall have first preference. Seniority for purposes of this Article shall be determined by time
served as a Paramedic/Firefighter with the City.
Section 35.6 Those Paramedic/Firefighters promoted from the Firefighters classification prior to
1984 (or enrolled in a paramedic training program prior to 1984 and subsequently promoted to the
Paramedic/Firefighter classification during the calendar year 1984) have the prevailing right to
become decertified as a Paramedic and transfer back to the Firefighter classification, provided the
City shall have not more than six (6) months (from the date it receives written request for such
transfer) to effect the transfer and, provided farther, the Union acknowledges and agrees the City
is not obligated to create a new position to accommodate the transfer.
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Local No. 1433, International Association of Fire Fighters — Page 23
ARTICLE 36 — INTER -FACILITY TRANSPORTS
Section 36.1 The parties agree that inter -facility transports for Lourdes Medical Center and other
care facilities for the aged and infirm in Pasco that are currently taking place at the time of the
ratification of this collective bargaining agreement are within the scope of public services to be
provided by the Fire Department.
Section 36.2 Current Practice. Currently, the transports described in Section 36.1 are performed
as a backup to a private transport provider, and are generally performed from Lourdes Medical
Center to Kennewick General Hospital, Kadlec Medical Center or other area care facilities for the
aged and infirm, and/or the transport of flight crews and/or patients to and from the Tri -Cities
airport and Lourdes Medical Center. Long-haul transports (transports outside of the Tri -Cities
area) are not currently being performed by fire department personnel. In addition, the transports
currently being performed are less than one (1) transport per twenty-four (24) hour shift on average
over a period of ninety (90) consecutive days.
Section 36.3 Negotiations. The parties agree to open bargaining on the impacts and effects of the
transports described in Section 36.1 and Section 36.2 if the volume of transports exceeds one (1)
transport per twenty-four (24) hour shift over a period of ninety (90) consecutive days, otherwise,
the employer's obligation to participate in impacts and effects bargaining for making changes to
the current practice described in Section 36.2 shall be consistent with requirements of Chapter
41.56 RCW.
ARTICLE 37 — STAFF MEETINGS
Section 37.1 Regular Meeting. A staff meeting comprised of the Fire Chief, Battalion Chiefs,
and day shift personnel shall be called as often as determined by the Fire Chief, but not less than
quarterly. The length of such meetings shall be determined by the Chief.
Section 37.2 Decisions Regarding Department Operations. The Chief shall take into
consideration the discussion and input he receives at the meetings in his decision-making
concerning department operations. Nothing herein, however, shall be interpreted to prevent the
Chief from making a change in department operations that he otherwise has the discretion to make.
Section 37.3 Off -Duty Employees Required to Attend. Off-duty employees required to attend
any staff meetings shall be paid at the overtime rate of pay. No call-back premium or minimum
hours of pay requirement is applicable.
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The Union agrees that its members shall comply in full with Fire Department rules and regulations,
as currently in effect or hereafter amended, including those relating to conduct and work
performances. The Employer agrees that departmental rules and regulations which affect working
conditions and performance shall be subject to the Grievance procedure. In addition, the employer
agrees that any changes in rules and regulations which affect working conditions, other than for
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 24
emergency matters, will be posted thirty (30) days in advance of their effective date, unless said
posting period is waived by the Union.
Inter -office memos that amend working conditions shall be incorporated in departmental rules and
regulations within forty-five (45) days of the date issued.
ARTICLE 39 — WORK REQUIREMENTS
The City agrees that members of the Fire Department shall not be required to perform work
normally performed by members of another Union or another City department outside of the
station, except where danger to life and property exists.
ARTICLE 40 — TOBACCO USE
At the discretion of their immediate supervisor an employee may use tobacco products, but only
outside any city fire station and off any city apparatus, vehicle or equipment.
The City will reimburse a current employee for the tuition or fee for attending and successfully
completing an anti-smoking treatment program in an amount up to $300 one time only.
ARTICLE 41— SUBSTANCE FREE WORKPLACE
The Substance Free Workplace policy consisting of seven pages and attached hereto as Appendix
"D" is incorporated herein by this reference.
ARTICLE 42— OUTSIDE EMPLOYMENT
Employees holding outside jobs, including self-employment, shall not: (1) advertise on City
property, (2) involve the use of City equipment or supplies; (3) infringe on their ability to do their
job; (4) result in a conflict of interest. hi cases where the City feels a problem exists, then the City
must notify the employee and the Union of the perceived conflict in writing within 48 hours of
notification. The Local may then file a formal grievance as allowed in Article 9 if this issue could
not be resolved prior to the time line allowed in Article 9. The affected employee would be able
to continue their outside employment during pendency of the grievance procedure. The parties
agree that an expeditious resolution of the Grievance is desirable for all parties involved. Therefore
the Local may initiate this type of grievance at the step 2 level of Article 9.
Employees will notify the city at least 48 hours before commencing new outside employment.
Notification will be by means of a form agreed to by the parties and as found in the appendices of
this Collective Bargaining Agreement.
ARTICLE 43 — PHYSICAL FITNESS
Section 43.1 Goals and Testing. Employees agree to attempt to maintain an acceptable level of
body fat (less than 20% and less than 25% for women). Employees further agree to attempt to
maintain a rating of "adequate" or better on the performance standards for cardiovascular
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 25
endurance, upper body strength, abdominal strength, and trunk flexion, set forth in the appendix
to this Agreement.
Testing shall occur up to quarterly (four times a year) at the direction of management. All
employees are required to participate in the required testing, except that members with temporary
physical limitations which prevent or substantially hinder an employee from safely performing
any or all of the tests, should be granted an exemption from those tests he or she cannot safely
perform. To be eligible for such an exemption, a member must submit to the City a written
statement from the member's physician establishing the condition or disability. If the City
disagrees with the judgment of the member's physician, then the City shall have the right to have
the member examined by the physician of its choice and at its expense. If the physician utilized
by the City disagrees with the member's physician, then the two physicians shall select a third
physician, who shall examine the employee at the City's expense. The judgment of the third
physician as to the member's physical condition shall be binding, unless mutually agreed to the
contrary by the parties.
Section 43.2 Time. The hours of 1600 to 1800, Monday through Friday, and 1300 to 1500,
Saturdays, Sundays and holidays, shall normally be utilized for physical fitness activities. These
activities shall not, however, disrupt emergency duties or a scheduled training or work activity that
for unanticipated reasons has carried over into the normal period of physical fitness activity.
Section 43.3 Place. Physical fitness activities shall take place only in the assigned stations for all
employees using the employer provided exercise equipment.
Section 43.4 Physical Exam. Annually, all employees shall be given a baseline physical
examination by Lourdes Occupational Health. Thereafter, the duty officer shall maintain a
monthly log of each employee's weight, blood pressure, and resting heart rate. Costs for all testing
shall be the responsibility of the City.
Section 43.5 Physical Fitness Activities. Physical fitness activities shall be as follows: Normally,
activities shall be performed for a minimum of one hour. All employees covered by this
Agreement shall participate in physical fitness activity as time allows, excluding the time
necessary for showers and changing, unless excused by the Fire Chief or his designee, or
interrupted by emergency duties or an unanticipated unfinished work or training activity as set
forth above.
Employees may utilize all exercise equipment and facilities available in their program of exercise,
subject to the following: A minimum of 10 minutes shall be spent on warn -up exercises and
stretching, followed by a minimum of 20 minutes of weight/aerobic circuit training. The circuit
shall include, minimally, the following weight exercises:
Shoulder Press
Sit-ups
Abdominal Crunch
Hip Extension
Heel Raise
Back Press
Leg Press
Leg Curl
Hip Flexor
Chest Press
Low Pulley -arm Curl
Lat Pulldown
Leg Squat
Low Pulley -arm Curl Reverse
Back Press
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Local No. 1433, International Association of Fire Fighters — Page 26
During an exercise circuit, each weight training exercise shall be performed for 30 seconds.
Between each weight training exercise shall be 30 seconds of aerobic activity. Typical aerobic
activity shall be running in place, jumping jacks, or rope -skipping.
Section 43.6 Record of Employee Participation. A record shall be completed by the duty officer
to ensure that all on -duty employees complete the required circuit training. A check list shall be
utilized for each employee showing the weight selected at each circuit weight station by the
employee.
The duty officer will determine by observation and/or questioning that each member has fulfilled
the obligation.
(a) If all personnel have completed their obligation, the duty officer will make a notation on
the duty activity report to indicate that fact.
(b) If the fitness activities have not been completed, the duty officer will make a notation on
the daily activity report to indicate the fact.
(c) The duty officer will complete a written report and attach the report to the daily activity
report. This report will contain:
1. The names of all persons not completing their obligation.
2. The reason(s) those persons did not complete their obligation.
3. The steps the duty officer took to cause those persons to fulfill their obligation.
All exercise records shall be kept by the Fire Chief as part of the employee's permanent record.
Section 43.7 Rules and Regulations/Safety Precautions. Employees shall follow all rules and
regulations regarding the use of exercise equipment and wear proper clothing and safety devices
when recommended for the physical activity they are performing.
ARTICLE — 44 PERSONNEL REDUCTION
Section 44.1 Reductions Re -Employment. In the case of a personnel reduction within any
classification, the employee with the least seniority shall be laid off first. When two or more
employees of the same classification being reduced have the same date of employment, they shall
be laid off by inverse ranking off the Civil Service list from which they were hired. An employee
being laid off may choose to transfer to a lower classification for which he is qualified and may do
so provided he has more seniority than other employees occupying that classification. Any
employee who has been laid off shall be first offered re-employment in a position within the
bargaining unit which becomes vacant subsequent to the individual being laid off, provided the
individual meets the minimum qualifications for the position and was laid off within the
immediately preceding three (3) years. Any employee turning down the re-employment offer shall
forfeit his right to future re-employment offers. Any employee(s) holding an officer position that
was eliminated due to personnel reductions and who transferred to a lower classification shall be
first offered the opportunity to return to his prior rank when a position becomes available.
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 27
Section 44.2 Seniority Defined. Seniority shall be defined as the date of hiring to a regular full-
time position. Rank shall be defined as Battalion Chief, Captain, Lieutenant, Paramedic -
Firefighter and Firefighter. The rank of Paramedic -Firefighter and Firefighter shall be considered
the same with respect to the choosing of Kelly Days, Vacation, and Holiday time off.
Section 44.3 Seniority Listing. Appendix "B" hereto is a current listing of seniority in the
department's bargaining unit according to the preceding criteria. This list shall be maintained by
the Human Resources Manager and updated as new employees are hired and existing employees
leave city service.
ARTICLE 45 — DISCIPLINE
Section 45.1 Just Cause. The City shall not take disciplinary action against any employee without
just cause. The City retains the right to discharge new employees at will during or at the end of
the probationary period and the discharge shall not be made the subject of a grievance either by
the employee or the Union.
Section 45.2 Progressive Discipline. The purpose of discipline is to correct behaviors which are
in need of change.
Informal discipline consists of coaching/counseling/teaching. Informal discipline notes/
documentation are for use by the employee's supervisor. Informal counseling may be documented
on the corrective counseling form for annual performance evaluation purposes and is not placed
in the official personnel file.
Formal discipline of non -probationary employees in circumstances not warranting termination will
normally follow a progressive disciplinary pattern with the objective of correcting the problem.
When deciding the degree of discipline, the City will take into consideration the circumstances
surrounding the incident(s), the severity of the offense, and the past work record and past conduct
of the employee. When meeting with a management supervisor or at any hearing where discipline
is being considered, the employee shall be entitled to union representation. The term progressive
discipline, as used herein, refers to a discipline process normally including the following steps:
(a) A verbal warning will be documented in writing and placed in the official personnel file.
(b) A written reprimand (warning); discussion between the disciplined employee and
administrative officers. The written reprimand shall be placed in the employee personnel
file.
(c) A 2nd written reprimand (warning) and referral to City Manager for possible suspension.
(d) 3rd written reprimand (warning) and referral to City Manager for demotion/suspension/
termination.
At any time during this formal process an employee is entitled to union representation. This
process normally shall be specific to each alleged violation.
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 28
ARTICLE 46 — 40-HOUR/WEEK UNIFORMED FIRE PERSONNEL
40-hr/week personnel under this contract will be governed by all articles of this collectively
bargaining contract with the exceptions as below:
Section 46.1 40 hour/week personnel will generally be scheduled a 40 -hour work week, as
approved by the Fire Chief.
Section 46.2 Eleven (10 calendar, 1 personal) paid holidays per year, taken on the day of or as
approved by the Fire Chief.
Section 46.3 The following formula for accruing sick leave and vacation time will be utilized.
The employee(s) in this category will earn leave time at 80% of the rate earned by 24-hour shift
personnel as written in the collective bargaining agreement.
Sick leave accrual: hrs/iav period
40 -hour 50 -hour
5.6 7
Vacation accrual: hrs/pav
period
Year
40 -hour
50 -hour
0-5
4
5
6-10
4.8
6
11-15
5.6
7
16-20
6.4
8
21+
7.2
9
When employees move from 24-hour shifts to 40-hours/week, they cavy their current accruals
with them at the amount shown on the accrual records. When they move from 40-hours/week
positions to 24-hour shift positions they will again carry their current accruals with them to the
new schedule. Maximum accruals will remain the same for both assignments.
Section 46.4 In the event of a line officer position opening after two years, a 40-hour/week staff
officer will have the right of first refusal for that position, providing s/he was number one on the
eligibility list at the time of the staff appointment. 40-hour/week staff officers below the number
one position on the eligibility list will be considered for appointment along with the top two
candidates on the new list.
Section 46.5 40 hour/week personnel shall be able to fill a vacant line position equal to their rank
and qualifications for up to twelve (12) hours and a maximum of six (6) times per year. This will
be done on days approved by the Fire Chief or his designee. The intent of this article is to enable
40-hour/week personnel to maintain qualifications, such as paramedic qualification, without
having to work overtime shifts.
Section 46.6 40-hour/week personnel will be paid time and one-half, at their adjusted rate, if they
work over forty (40) hours in the seven day period. 40 -hour personnel may respond to incidents
in support of regular staffing as needed or directed. After hours response will be requested by the
Fire Chief or his designee and agreed to by the 40-hour/week personnel. Overtime shall be paid
for worked hours exceeding forty (40) in a seven (7) day period, from midnight Sunday to midnight
Sunday. Holidays, when they fall on a regular schedule day of work for 40-hour/week personnel,
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 29
shall count as hours worked for the purpose of figuring overtime. 40-hour/week personnel, at
their choice, may be placed in the overtime rotation per terms of the current collective bargaining
agreement. 40 -hour personnel may only work overtime positions during their scheduled days off.
Section 46.7 Adjust base hourly rate for the 40-hour/week positions:
Current base hourly rate X 2,600 hours / 2,080 hours + 5% day shift differential
When applicable: Pay for longevity, paramedic or other applicable premiums will be added.
Section 46.8 Vacation Cash Out. Effective January 1, 2015, employees entering their tenth (10`x)
year of continuous service may cash out up to forty (40) hours of vacation in December each year,
provided the employee has maintained satisfactory work performance and has taken at least eighty
(80) hours of vacation time.
ARTICLE 47 — MODIFIED DUTY
LEOFF II employees who have a temporary medical condition that restricts their ability to perform
their regular duties may agree to work modified duty assignments. The employee shall present the
Fire Chief with a release form from his/her doctor that includes restrictions on the type of work
the employee may perform. If possible, the release form should include an estimated date of full
recovery for return to full duty.
Hours worked shall not exceed the employee's assigned average work week. The actual number
of hours worked will be agreed upon by the employee, Local and the Fire Chief.
If more than one employee is eligible and agrees to a modified duty assignment, the Fire Chief
shall split available work as evenly as possible among the eligible employees. The determination
as to whether modified duty work exists rests solely with the Fire Chief. The determination as to
accept modified duty work rests with the employee and the Local. Accepting or declining modified
duty shall not result in any decrease in pay and benefit levels of the employee. All parties
participating in modified duty shall have the right to discontinue the modified duty whenever they
deem that the modified duty is not in their best interest.
Modified duty work may include, but not limited to, such duties as:
■ Training that does not go against the employee's doctor's restrictions on the type
of work s/he may perform. (Example: computer training vs. climbing ladders.)
■ Station deliveries
Picking up supplies
Clerical functions such as record keeping, filing, and answering phones
Housekeeping duties such as washing windows, dusting, sweeping and mopping
floors.
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters —Page 30
ARTICLE 48 — WSCFF MEDICAL EXPENSE REIMBURSEMENT PLAN (MERP)
The City shall contribute $75.00 per month on a pre-tax basis for all LEOFF II bargaining unit
members to the Washington State Council of Fire Fighters (WSCFF) MERP. These contributions
shall be included as salary for the purpose of calculating retirement benefits.
The Union and the employees agree to hold the City harmless and indemnify the City from any
and all liability, claims, demands, law suits, and/or losses, damage, or injury to persons or property,
of whatsoever kind, arising from and in any way related to the implementation and administration
of the Trust Fund. The Union and employees shall be one hundred percent (100%) liable for any
and all liabilities inclusive of any federal, state, or local agency determination regarding any
liabilities that arise out of the Trust Fund. The Union and employees shall be liable for any and
all tax penalties, as well as any other liabilities arising out of the implementation and administration
of the MERP.
Under no circumstances whatsoever will the City be liable for direct pay of any MERP benefit to
the employees and/or retired employees and/or their beneficiaries.
ARTICLE 49 — EMERGENCY CALLBACK PAGERS
Up to four (4) employees may check out and carry Emergency Callback Pagers for call -ins. The
Fire Chief may allow an increase in the number of Emergency Callback Pagers at any time. Pager
storage and check outs will take place at Station 82. Employees lowest on the overtime list shall
have first choice for checking out and carrying an Emergency Callback Pager until 0800 hours.
After 0800 hours, employees shall be allowed to check out Emergency Callback Pagers on a first
come basis. Going off duty personnel may call and reserve a pager to allow travel time from their
duty station to Station 82. After checking out and carrying an Emergency Callback Pager,
employees shall return the pager to Station 82 by 0800.
In compensation for carrying an Emergency Callback Pager, the employee will be paid thirty
($30.00) dollars for each uninterrupted twenty-four (24) hour shift carried.
When an employee is paged, they shall receive sixty ($60.00) callback pay plus one hour minimum
of overtime pay. When the employee is paged, or goes out of service during the twenty-four (24)
hour period, they shall not receive the thirty ($30.00) dollars for carrying the pager.
Any employee electing to cavy an Emergency Callback Pager shall remain within a twenty (20)
minute average response time to the City limits of Pasco, with their turnout gear, wild land gear
and uniforms in their vehicle.
When an employee is paged, s/he shall obey all traffic laws while responding to a fire station or
an emergency scene.
Emergency Call Pagers shall be activated whenever the on duty Battalion Chief has reason to
believe that the Pasco Fire Department may be committed to providing and/or receiving Mutual
Aid/Automatic Aid that may extend beyond thirty (30) minutes.
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 31
The on -duty Battalion Chief shall activate Emergency Callback Pagers whenever the Pasco Fire
Department resources are being depleted with multiple and/or extended calls.
Dated at Pasco, Washington, this
CITY OF PASCO
Matt Watkins, Mayor
ATTEST:
Debbie L. Clary City Clerk
day of
LOCAL #1433, I.A.F.F.:
2015.
Kenneth Meyers, President LIFF #1433
Michael Maier, Secretary/Treasurer LIFF #1433
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 32
2014-2015
APPENDIX A
Hourly Wage Rates - IAFF Local #1433 Employees
Effective 01/01/2014
Effective 01/01/2015
FF Rate
FF/PM Rate
FF Rate
FF/PM Rate
FF 0-12
80%
23.75
26.13
FF 0-12
80%
24.22
26.64
FF 13-24
85%a
25.24
27.76
FF 13-24
85%
25.74
28.31
FF 25-36
90%
26.72
29.39
FF 25-36
90%
27.25
29.98
FF 37-48
95%
28.21
31.03
FF 37-48
95%
28.77
31.65
FF 49+
100%
29.69
32.66
FF 49+
100%
30.28
33.31
LT
110%
32.66
LT
110%
33.31
Capt.
115%
34.14
Capt.
115%
34.82
BC
125%
37.11
BC
125%
37.85
40 Hrs./Week (2080 Hrs lYear) Positions:
40 Hrs /Week (2080 Hrs /Year) Positions:
Capt./MO
+5%
44.81
Capt./MO
+5%
45.70
Bum
+5%
48.71
Bum
+5%
49.68
• All steps refer to months of continuous service.
• Lateral hires for FF and FF/PMshall start at Step 25-36.
Section 23.1 2014. Effective January 1, 2014, the base hourly wage rate for top -step firefighter
under this agreement shall increase by two percent (2%).
Section 23.2 2015. Effective January 1, 2015, the base hourly wage rate for top -step firefighter
under this Agreement shall increase by two percent (2%).
I - L4FFLoml #1433 (2014-2015)
2014-2015
Section 23.3 Incentive Pay. Employees may only receive incentive pay for up to two (2) skills
from this section. If an employee qualifies for more than two (2) skills s/he shall receive the two
(2) highest percentage incentives qualified for.
Incentive Pay
Effective
Date
Top Step FF Base
Hourly Rate
2%
3%
1/1/2014
29.69
0.59
0.89
1/1/2015
30.28
0.61
0.91
Section 23.3
Continuous Service Pay
Percentage of increase calculated
Years of Service:
on individual base hourly rate:
2%
10+ Years
3%
15+ Years
4%
20+ Years
5%
25+ Years
Section 23.4
ARTICLE 18 — Officer/Paramedic Incentive Pay.
Effective January 1, 2015, four percent (4%) of base hourly rate shall be paid to any
Firefighter/Paramedic, Lieutenant, or Captain who satisfactorily maintains a Washington State
Paramedic Certification and performs said duties while in an upgrade position (lieutenant/captain
upgrade.) The City shall offer those training benefits listed in Article 21 (Education article) for
maintenance of Paramedic Certification. This article does not pertain to the position of Battalion
Chief as the Battalion Chief's responsibility is incident commander.
2 - L4FF Lon! #1433 (2014-2015)
APPENDIX B
2014 Seniority List
Employee
Hire Date
Position Title
MCDONALD, JOHN J
1977-04-13
Firefighter/Paramedic
ELSTON, WAYNE
1978-06-16
Firefighter
ELIASON, JEFFREY L
1979-08-21
Captain
ANDERSON, JERRY P
1980-01-30
Firefighter/Paramedic
MARCH, HARRY
1983-07-19
Captain
MEYERS, KENNETH A
1984-09-15
Captain
SYDOR,FRANK A
1986-09-24
Captain
SHEARER, BENJAMIN 0
1989-11-30
Firefighter
HARE JR., DAVID
1991-02-17
Battalion Chief/Training Officer (40HR)
TVEIT, THOMAS C
1991-07-22
Battalion Chief
DONAIS, DON F
1991-07-24
Battalion Chief
SUAREZ, JOSE M
1991-07-26
Firefighter
MEEKS, FRED L
1991-08-05
Fire Captain
MICHEL, THOMAS J
1991-08-05
Firefighter
LUMBURG, SCOTT
1991-08-05
Fire Captain
STRATTON, GARY R
1991-10-01
Fire Lieutenant
ADAMSON, EVERETT
1993-10-04
Firefighter/Paramedic
PATTERSON, CRAIG
1993-10-04
Captain
HITTINGER, ANDREW M
1996-01-29
Firefighter/Paramedic
SUGDEN, KEVIN L
1998-01-26
Firefighter/Paramedic
WILLIAMS, GRANT A
1998-12-14
Firefighter
SULLIVAN, DAN W
1998-12-14
Firefighter/Paramedic
ANDREWS, CHRISTOPHER
1998-12-14
Lieutenant
TOMREN, VALORIE J
1998-12-14
Firefighter
CROWLEY, MICHELE D
1998-12-14
Firefighter/Paramedic
FERGUSON, DAVID L
2000-08-21
Battalion Chief
TORRES, JESSE 1
2002-05-13
Firefighter
SANCHEZ, JUAN R
2002-05-13
Firefighter
GUZMAN, LEONEL M
2002-05-13
Firefighter
GONZALEZ, JOSUE A
2002-06-21
Firefighter
DELAHUNT, KYLE R
2003-01-06
Firefighter
ROYBAL, ANDRE M
2003-09-29
Firefighter/Paramedic
KRUEGER, MICHAEL 1
2003-09-29
Firefighter/Paramedic
COOLEY, GEOFFERY R
2003-09-29
Captain/Medical Officer (40HR)
JENKS, GARRETT A
2005-08-25
Captain
ARTEAGA, EDGAR A
2005-08-25
Firefighter
GIBBON, MICHAEL
2005-08-29
Firefighter
NELSON, MATTHEW T
2006-02-09
Captain
WENGER, RONALD E
2008-03-03
Firefighter/Paramedic
ROHRER, SETH R
2008-07-14
Lieutenant
SULLENGER, BENJAMIN L
2010-03-08
Firefighter
MAIER, MICHAEL G
2011-02-28
Firefighter/Paramedic
NAVARRETE, ERIK
2011-02-28
Firefighter/Paramedic
SCHMIDTGALL, MICHAEL!
2011-04-20
Firefighter/Paramedic
MCGARY, JASON 0
2012-11-13
Firefighter/Paramedic
LOCKMAN, JUSTIN W
2012-11-13
Firefighter/Paramedic
MICHELES, RICARD L
2013-02-11
Firefighter/Paramedic
SCELLICK, RYAN P
2013-02-11
Firefighter/Paramedic
QUESENBERRY, RYAN D
2013-05-28
Firefighter
REED, SMAUELS
2013-05-28
Firefighter/Paramedic
PHILLIPS, MICHAEL K
2013-05-28
Firefighter/Paramedic
WADDINGTON, MARK
2013-11-12
Firefighter
ELLINGSON, TYLER C
2014-04-28
Firefighter
APPENDIX C
PHYSICAL FITNESS
Fatness Testing 15
3. The duty officer will determine by observation and/or questioning
Cardiovascular Endurance -1.5 mile Ron
that each member bas fulfilled the obligation, per
Females
tour, prior to the time limit set in paragraph #2
A. If all personnel have completed their obligation in the
Under 30
30-39
40-49
50+
allotted time in Paragraph #2, the duty officer will make a
Time Score
Time Score
Time
Store
Time
Son -
notation on the Daily Activity Report to indicate the fact.
EXCELLENT
EXCELLENT
EXCELLENT
EXCELLENT
B. If the fitness activities have not been completed in the
11:45 100
12:30 100
13:00
100
13:30
100
time allotted in paragraph #2, the duty officer will make a
12:00 98
12:45 98
13:15
98
13:45
98
notation on the Daily Activity Report to indicate the fact.
12:15 96
13:00 96
13:30
96
14:00
96
12:30 94
13:15 94
13:45
94
14:15
94
The duty officer will complete a written report and attach
12:45 92
13:30 92
14:00
92
14:30
92
the report in the Daily Activity Report. This written
report will contain:
GOOD
GOOD
GOOD
GOOD
1. The name of all persons not completing their obligation.
13:00 90
13:45 90
14:15
90
14:45
90
2. The reason or reasons these persons did not complete
13:15 88
14:00 88
14:30
88
15:00
88
their obligation.
13:30 86
14:15 86
14:45
86
15:15
86
3. The steps the duty officer took to cause these persons
13:45 84
14:30 84
15:00
84
15:30
84
to fulfill their obligation.
14:00 82
14:45 82
15:15
82
15:45
82
4. Persons performing physical fitness activities will be allowed
to be "out of uniform' as long as their quick hitch or other
ADEQUATE
ADEQUATE
ADEQUATE
ADEQUATE
uniform clothing is kept nearby to provide for appropriate
14:15 80
15:00 80
15:30
80
16:00
80
dress for response to incidents.
14:30 78
15:15 78
15:45
78
16:15
78
5. No activities, other than physical fitness, are permitted while
14:45 76
15:30 76
16:00
76
16:30
76
"out of uniform" and in clothing for physical fitness activities.
15:00 74
15:45 74
16:15
74
16:45
74
No person, while on duty, will respond to an incident in
15:15 72
16:00 72
16:30
72
17:00
72
workout clothing.
POOR
POOR
POOR
POOR
15:30 70
16:15 70
16:45
70
17:15
70
APPENDIX C: Scoring for Fitness
15:45 68
16:30 68
17:00
68
17:30
68
Evaluations—Waterville, Maine
16:00 66
16:45 66
17:15
66
17:45
66
16:15 64
17:00 64
17:30
64
18:00
64
Cardiovascular Endurance— 1.5 mile Run
16:30 62
17:15 62
17:45
62
18:15
62
Males
Upper Body Strength— Push-ups
Under 30 30-39 40-49 50+
Male
Time Score Time Score Time Score Time
Score
EXCELLENT EXCELLENT EXCELLENT EXCELLENT
Under 30
30-39
40-49
50+
9:45 100 10:30 100 11:00 100 11:30
100
Reps Score
Reps Score
Reps
Score
Reps
Scour
10:00 98 10:45 98 11:15 98 11:45
98
EXCELLENT
EXCELLENT
EXCELLENT
EXCELLENT
10:15 96 11:00 96 11:30 96 12:00
96
43 100
37 100
28
100
23
100
10:30 94 11:15 94 11:45 94 12:15
94
42 98
36 98
27
97
22
97
10:45 92 11:30 92 12:00 92 12:30
92
41 96
35 96
26
94
21
94
40 94
34 94
25
91
20
91
GOOD GOOD GOOD GOOD
39 92
33 93
11:00 90 11:45 90 12:15 90 12:45
90
38 91
32 92
11:15 88 12:00 88 12:30 88 13:00
88
31 91
11:30 86 12:15 86 12:45 86 13:15
86
11:45 84 12:30 84 13:00 84 13:30
84
GOOD
GOOD
GOOD
GOOD
12:00 82 12:45 82 13:15 82 13:45
82
37 90
30 88
24
88
18
88
36 88
29 86
23
84
17
84
ADEQUATE ADEQUATE ADEQUATE ADEQUATE
35 86
28 84
22
80
16
80
12:15 80 13:00 80 13:30 80 14:00
80
34 84
27 82
21
76
15
76
12:30 78 13:15 78 13:45 78 14:15
78
33 82
26 80
12:45 76 13:30 76 14:00 76 14:30
76
32 81
13:00 74 13:45 74 14:15 74 14:45
74
31 80
13:15 72 14:00 72 14:30 72 15:00
72
ADEQUATE
ADEQUATE
ADEQUATE
ADEQUATE
POOR POOR POOR POOR
30 79
25 75
20
72
14
72
13:30 70 14:15 70 14:45 70 15:15
70
29 78
24 72
19
68
13
68
13:45 68 14:30 68 15:00 68 15:30
68
28 76
23 69
18
64
12
64
14:00 66 14:45 66 15:15 66 15:45
66
27 74
22 66
17
60
14:15 64 15:00 64 15:30 64 16:00
64
26 72
14:30 62 15:15 62 15:45 62 16:15
62
POOR
POOR
POOR
POOR
25 70
21 63
16
56
10
50
24 68
20 60
15
52
9
47
23 66
19 57
14
48
8
45
22 64
13
44
APPENDIX C (cont.)
Management Information Service
Push-ups
Female
Under 30
30-39
GOOD
40-49
50+
Reps Score
Revs
Score
Reps Score
Reps Score
EXCELLENT
EXCELLENT
25
EXCELLENT
EXCELLENT
32 100
28
100
21 100
17 100
31 98
27
98
20 97
16 97
30 96
26
96
19 94
15 94
29 94
25
94
18 91
14 91
28 92
24
93
28 94
46
27 91
23
92
80
27 90
22
91
ADEQUATE
ADEQUATE
GOOD
30-39
GOOD
100
GOOD
98
26
90
21
88
17
88
25
88
20
86
16
84
24
86
19
84
15
80
23
84
18
82
14
76
22
82
17
80
94
42
21
81
28 94
46
92
41
20
80
27 90
ADEQUATE
ADEQUATE
ADEQUATE
19
79
16
75
13
72
18
78
15
72
12
68
17
76
14
69
11
64
16
74
13
66
10
60
15
72
POOR
POOR
POOR
14
70
12
63
9
56
13
68
11
60
8
52
12
66
10
57
7
48
11
64
6
44
10
62
Method:
1. Toes and nose tomb floor
2. Hands shoulder -width apart
3. Straight body
Flexibility — Trunk Flexion
Males & Females
Distance Covered Points
EXCELLENT
30-39
25
100
24
98
23
95
22
91
GOOD
30-39
21
89
20
85
19
81
18
80
ADEQUATE
59
17
78
16
75
15
71
POOR
30-39
14
69
13
67
12
64
11
61
10
59
GOOD
13 88
12 84
11 80
10 76
ADEQUATE
9 72
8 68
7 64
POOR
6 50
5 47
4 45
Males & Females
Under 30
30-39
40-49
50+
Revs
Sc om
Reps
Score
Reps Score
Revs Score
EXCELLENT
EXCELLENT
EXCELLENT
EXCELLENT
50
100
45
100
34 100
31 100
49
98
44
98
33 98
30 98
48
96
43
96
32 96
29 96
47
94
42
94
31 94
28 94
46
92
41
92
30 90
27 90
GOOD
45 90
44 88
43 86
42 84
41 82
ADEQUATE
40 80
39 78
38 76
37 74
36 72
POOR
35 70
34 68
33 66
32 64
31 62
30 60
29 58
28 56
27 54
GOOD
40 90
39 88
38 86
37 84
36 82
ADEQUATE
35 80
34 78
33 76
32 74
31 72
POOR
30 70
29 68
28 66
27 64
26 62
25 60
24 58
23 56
22 54
21 52
20 50
19 48
Method:
1. Feet restrained
2. Bent knee
3. Hands behind head
4. Continues motion
5. Amus touch floor each time
6. 2 minute limit
GOOD
29 87
28 84
27 81
26 78
ADEQUATE
25 75
24 72
23 69
22 66
POOR
21 63
20 60
19 57
18 54
17 51
16 49
GOOD
26 88
25 85
24 83
23 81
22 80
ADEQUATE
21 76
20 72
19 69
18 66
POOR
17 63
16 60
IS 57
14 54
13 50
APPENDIX D
SUBSTANCE FREE WORK PLACE
I. Purpose.
Employees are the City of Pasco's most valuable resource and their health and safety is
therefore a serious concern. The City of Pasco will not tolerate any drug or alcohol use
which imperils the health and well-being of its employees or threatens it business.
The use of illegal drugs and abuse of other controlled substances, on or off duty, is
inconsistent with law abiding behavior expected of all citizens. Employees who use
illegal drugs or abuse other controlled substances or alcohol, on or off duty, tend to be
less productive, less reliable, and prone to grater absenteeism resulting in the potential for
increased costs, delay and risk in the City's business.
Furthermore, employees have the right to work in an alcohol and drug-free environment
and to work with persons free from the affects of alcohol and drugs. Employees who
abuse alcohol or drugs are a danger to themselves and to other employees. In addition,
drug and alcohol abuse inflicts a terrible toll on the nations' productive resources and the
health and well-being of American workers and their families.
The City of Pasco is therefore committed to maintaining a safe and healthy work place
free from the influence of alcohol and drugs. In addition, the City of Pasco will
vigorously comply with the requirements of the Drug-free Work Place Act of 1988.
II. Drug -Free Awareness Program.
1. To assist employees and their families to understand and avoid the perils of drug and
alcohol abuse, the City of Pasco is developing a drug -awareness program. The city
will use that program in an on-going educational effort to prevent and eliminate drug
and alcohol abuse that may affect the work place. A drug-free awareness program
will inform employees and their families about:
(a) The dangers of alcohol and drug abuse in the work place;
(b) The City's alcohol and drug abuse policy;
(c) The availability of treatment and counseling for employees who voluntarily seek
such assistance; and
(d) The sanctions the City will impose for violation of its alcohol and drug abuse
policy.
III. Substance Abuse as a Medical Problem.
The City of Pasco recognizes that substance abuse is a medical problem which can be
successfully treated. Almost all substance abusers deny they have a problem, however,
and ordinarily do not seek treatment voluntarily. This denial is the single most
significant obstacle to successful treatment.
APPENDIX D
Recognizing this reality, although the City of Pasco encourages voluntary drug and
alcohol abuse treatment, the City will take strong action against employees who do not
seek treatment on their own. This strong action is designed to break through the denial
barrier and convince substance abusing employees of the need for treatment.
IV. Assistance in Overcoming alcohol or Drug Abuse for Employees who Voluntarily
Seek Help.
Early recognition and treatment of alcohol or drug abuse is important for successful
rehabilitation and for reduced personnel, family, and social disruption. The City of Pasco
encourages the earliest possible diagnosis and treatment for alcohol or drug abuse. The
City of Pasco supports sound treatment efforts. Whenever feasible, the City of Pasco will
assist employees in overcoming drug or alcohol abuse. However, the decision to seek
diagnosis and accept treatment for alcohol or drug abuse is primarily the individual
employee's responsibility.
The City has contracted with Lourdes Business Health Services for an employee
assistance program, which program includes confidential referral to drug and alcohol
treatment.
The City's self-insurance program provides benefits to help pay for treatment for
chemical dependency, up to a maximum of $1,000 per calendar year. The City of Pasco
also offers a variety of leave options for employees who need time off work for treatment
of substance abuse problems. To insure that these benefits are available, however,
employees mustvoluntarily seek help.
Employees with personal, alcohol or drug abuse problems may seek help without the
approval or even knowledge of their supervisor. Employees who voluntarily request the
City's assistance in dealing with an alcohol or drug abuse problem may do so without
jeopardizing their continued employment with the City.
The City will not discriminate against or discipline an employee on the basis of illegal
use of drugs, provided the employee in not engaging in a current illegal use of drugs and
who (a) has successfully completed a supervised drug rehabilitation program or who has
otherwise been rehabilitated successfully, or (b) is participating in a supervised
rehabilitation program.
Voluntary requests for assistance from the City for appropriate counseling and treatment
services will not prevent disciplinary action for violation of the prohibitions set forth in
Article VIII, however. The City will not use a voluntary confession of a violation of a
prohibition of Article VIII as a basis for discipline, absent other corroborative evidence.
Employees who undergo voluntary counseling or treatment and who continue to work
must meet all established standards of conduct in job performance.
APPENDIX D
V. Supervisory Training.
The City of Pasco will train its supervisors in:
1. Identifying and documenting job performance and on-the-job behavior that may
reflect the impact of personal problems;
2. Identifying evidence of on-the-job use or impairment by alcohol or drugs;
3. Procedures for referral of troubled employees for assessment;
4. Procedures for conducting work place inspections; and
5. Procedures for encouraging voluntary referrals to appropriate counseling and
treatment services.
VI. Authorized Use of Prescribed or Over -the -Counter Medicine.
Employees undergoing prescribed medical treatment with any drug or taking over-the-
counter medication, which they have reason to believe may alter their behavior or
physical or mental ability must report this treatment to their supervisor. The supervisor
will determine whether the City should temporarily change the employee's job
assignment during the period of treatment, or permit the employee to work at all. Under
no circumstances shall an employee be allowed to operate equipment or vehicles when it
reasonably appears his/her ability to do so is impaired.
Employees must keep all prescribed drugs in its original container, which identifies the
drug, date of prescription, and prescribing doctor. Provided, an employee may satisfy
this requirement by notifying their supervisor of the prescription, show the prescription if
requested, and carry the drug in an alternative container.
VII. Arrest or Conviction Under Criminal Drug Statute.
Employees must notify their immediate supervisor within five days of any conviction
under any criminal drug statute or any arrest under any criminal drug statute that affects
their employment.
VIII. Prohibitions.
The City of Pasco policy prohibits the following:
1. Unauthorized use, possession, manufacture, distribution, dispensation or sale of an
illegal drug, controlled substance or drug paraphernalia on City property or city
business, in City supplied vehicles, or during working hours.
APPENDIX D
2. Unauthorized use, manufacture, distribution, dispensation, or possession or any sale
of alcohol on city premises or City business, in City supplied vehicles, or during
working hours.
3. Storing in a locker, desk, city supplied vehicle or other repository on city premises,
any illegal drug, drug paraphernalia, or any controlled substance whose use is
unauthorized, or any container of alcohol. Provided, unopened containers of alcohol
in private vehicles parked on City premises shall not be a violation of this policy.
4. Being under the influence of an unauthorized controlled substance, illegal drug or
alcohol on City premises or on City business, in City supplied vehicles, during
working hours. "Under the influence" as used herein means their work performance
or conduct on the job is affected in any appreciable degree.
5. If you are an employee who is subject to call by assignment of a pager, beeper or
special response status during off-duty hours for emergency response, being in an
unfit condition to respond and effectively perform assigned duties when called to
report due to the consumption of alcohol. It is not a violation hereof for an employee
who carries a beeper more frequently than on a rotation or sporadic basis to
occasionally engage in social drinking of alcoholic beverages when off-duty or that
such an employee, on occasion, be in a condition unable to respond to an anticipated
off-duty call to return to duty, due to the consumption of alcohol.
6. Possession, use, manufacture, distribution, dispensation or sale of an illegal drug off
City premises or off duty that adversely affects the employee's work performance or
his own or another's safety during working hours.
7. Refusing to submit to an inspection authorized by Article IX when requested by
management.
8. Refusing to submit to a breath or blood testing authorized by Article IX to determine
blood/alcohol level when requested by management.
9. Failing to adhere to the requirements of any drug or alcohol treatment, or counseling
program in which the employee is to be a participant as a condition of continued
employment or required by written agreement between the employer and employee,
resulting from a violation of this policy.
10. Conviction under any criminal drug statute.
11. Failure to notify the City of any arrest or conviction covered under Article VII.
12. Failure to report to the employee's supervisor the use of a prescribed drug or over-
the-counter medication which the employee has reason to believe may alter the
employee's behavior or physical or mental abilities.
APPENDIX D
13. Failure to keep prescribed medicine in its original containers, except as provided in
Article VI.
14. Refusing to sign a statement acknowledging that the employee has read and received
a copy of this policy, or the refusal of an employee assigned to work funded by
Federal grant monies to sign any drug free -certificate required by Federal law or
regulations as a condition of receiving the grant monies.
IX. Inspections.
1. Definition. "Reasonable suspicion" exists when a person responsible for a search is
aware of specific articulable facts, and inferences from those facts, which reasonably
warrant suspicion that evidence will be uncovered.
2. City furnished work place, vehicles, lockers and other receptacles The City may
search at any time for any administrative or work-related reason, including
investigation of the violation of the prohibitions listed in Article VIII, any employer
famished office space, desk, locker, which has no employee -provided lock on it, file
cabinet, motor vehicle, or any other item of City property maintained for the use of
employees in their work. Lockers with employee -provided locks on them may be
searched by the City for evidence of a violation of any prohibition listed in Article
VIII only when reasonable suspicion exists.
Employees are discouraged from bringing to the work place items of a personal
nature they would not want viewed or inspected by others.
3. Personal items. Closed personal containers and pockets of trousers, shirts, coats and
jackets brought to the work place or placed in City furnished vehicles but not being
worn by an employee may be searched for evidence of a violation of any prohibition
listed in Article VIII only when reasonable suspicion exists.
4. Notice and employee presence. The City will provide the Local 1433 member who is
the subject of the search, or the Union's designated shift representative in the absence
of the affected employee, with prior written notification of the specific facts which
have caused the City to have reasonable suspicion that such a search is necessary and
appropriate. Searches will be conducted in the presence of the employee if on duty.
If off duty, the City shall make a reasonable effort to advise the employee of the
search and give the employee a reasonable opportunity to return and observe the
search. Searches conducted in the employee's absence will be conducted before the
Union's designated shift representative.
5. Alcohol testing. Whenever the City of Pasco has a reasonable suspicion either that an
employee is consuming alcohol on City premises or during working hours in violation
of this policy, or that an employee is under the influence of alcohol in violation of this
policy, the City may request one or more samples of the employee's breath or blood
for testing for alcohol level. The employee will be given the election of breath or
blood testing for his or her initial test.
APPENDIX D
If blood testing is requested, two samples shall be drawn. One sample shall be sent to
the State Toxicologist for analysis and the second sample shall be analyzed by either
the local Lourdes Hospital Business Health Service facility or a laboratory certified
by the National Institute for Drug Abuse or the National Institutes of Health. If such
a medical laboratory is not available locally, the second blood sample will also be
sent to the State Toxicologist for analysis.
If breath testing is requested, it shall be performed by qualified personnel on
equipment and utilizing procedures approved by the State Toxicologist and
promulgated in the Washington Administrative code. In the event of a positive breath
test, the employee shall have the option of requesting a blood alcohol test to
determine whether the results of the breath test that was conducted were accurate. If
such a blood test is requested, only one sample will be drawn and it shall be analyzed
by either the local Lourdes Hospital Business Health Service facility or a laboratory
certified by the National Institute for Drug Abuse or the National Institutes of Health.
If such a medical laboratory is not available locally, the blood sample will be sent to
the State Toxicologist for analysis.
A "positive" test administered for the purpose of collecting evidence with respect to
the question whether an employee has violated the rule against consuming alcohol on
City premises or during working hours shall be one which demonstrates the presence
of any amount of alcohol in the employee's body. A `positive" test administered for
the purpose of determining whether an employee is under the influence of alcohol
shall be one which demonstrates the presence of alcohol in an amount equal to or
greater than .10 grams per 100 milliliters of blood or .10 grams per 210 liters of
breath in the employee's body. All testing shall be performed at the City's expense.
6. Firefighters. When probable cause exists, an item -by -item search of the uniform parts
and personal clothing of a firefighter, down to the firefighter's skin or underwear,
may occur in investigation of a violation of a prohibition listed in Article VIII. Any
such search shall be conducted out of view of persons not responsible for the search
and without physical contact.
Searches will be conducted in the presence of the employee if on duty, if off duty the
employer shall make a reasonable effort to advise the employee of the search and give
him a reasonable opportunity to return and observe the search. Searches conducted in
the employee's absence will be conducted before a bargaining unit representative if
the employee is represented.
Whenever the City of Pasco has a reasonable suspicion that an employee is
consuming alcohol on City premises or during working hours in violation of this
policy, the City may request one or more samples of the employee's breath or blood
for testing for blood/alcohol level. The employee will be given the election of breath
or blood testing. Breath testing shall be performed by qualified personnel on
equipment and utilizing procedures approved by the State Toxicologist and
promulgated in the Washington Administrative Code.
APPENDIX D
If a blood sample is requested, two samples shall be drawn. One sample shall be sent
to the State Toxicologist for analysis and the second sample shall be analyzed by a
local medical laboratory. Of a local medical laboratory is unavailable, then the
second sample shall also be sent to the State Toxicologist for analysis.
X. Consequences for Violation of This Policy.
Violation of the City of Pasco's alcohol and drug policy may result in severe disciplinary
action, including discharge for a first offense. It may also result in a mandatory referral
to a treatment or counseling program. The City believes that discharge of an employee is
appropriate discipline for the following cases:
When the employee uses, possesses, manufactures, distributes, dispenses, or sells
illegal drugs or drug paraphernalia on City premises or City business, in City supplied
vehicles, or during working hours.
2. When the employee uses or possesses without authorization, manufactures,
distributes, dispenses, or sells a controlled substance on City premises or City
business, in City supplied vehicles, or during working hours.
3. When the employee stores in a locker, desk, City supplied vehicle or other repository
on City premises any illegal drug, drug paraphernalia or any controlled substance
whose use is unauthorized: except in the performance of official duties.
4. When the employee is convicted under any criminal drug statue for a violation
occurring on or off the job.
5. When the employee refuses to submit to an inspection permitted by Article IX when
requested by management.
6. When the employee fails to notify the City of any arrest or conviction covered under
Article VII.
When the employee refuses to sign a statement that he has read and received a copy
of this policy.
XI. Employees Subject to Collective Bargaining Agreement.
Nothing herein shall be interpreted to supersede or override any provision of any
collective bargaining agreement between the City of Pasco and any employee bargaining
group; nor shall any provision hereof be interpreted as being enforceable against any
employee who is a member of an employee bargaining unit when such provision is
required by the laws of the State of Washington to be collectively bargained, without the
City of Pasco first complying with the requirements of Washington State law.
I:] J220011 :40
NOTIFICATION OF EMPLOYMENT
In accepting this employment, I fully realize that my primary responsibility is to the City of
Pasco, and that my outside employment will not interfere or conflict with my position with the
City. I also understand that I shall not work outside employment within eight (8) hours of my
scheduled shift start time.
Employee (please print name) Date
Employee signature
Name of Outside Employer:
Business Name (if different):
Business Address:
Business Phone:
Type of Work:
Description of possible hours of work:
Received by:
Received by:
Fire Chief Date
City Manager Date