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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 NF:51 mzd�� Wmi I �,\\ / \� � \ \ Ak � \ 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) moz •o • � '5V •1� F1 r a. J 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 My Commission Expires:"N +Er11ja,,`r � 0\ \ a §/-b# V) \ LJ . ) � t § 2 � \ k < - � w � Ln q § R� ( § x (n w g a 6 � k � z / \ Vo 10. CIA 20' CN 0\ \ I §/-b# V) \ - . ) � t § 2 \ \ j \ Vo 10. CIA 20' CN \ g N �--/ -MMEK I� 0\ ` I §/-b# V) \ - . \ - � § R� �\Q a \ g N �--/ -MMEK I� ` I §/-b# V) \ - V) \ (\m Do < 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 Local No. 1433, International Association of Fire Fighters — Page 16 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. 2014-2015 Collective Bargaining Agreement between City of Pasco and 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. 2014-2015 Collective Bargaining Agreement between City of Pasco and 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). 2014-2015 Collective Bargaining Agreement between City of Pasco and Local No. 1433, International Association of Fire Fighters — Page 20 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. 2014-2015 Collective Bargaining Agreement between City of Pasco and 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. 2014-2015 Collective Bargaining Agreement between City of Pasco and 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. i1a-0E-V4\W7A-01eliJW"CWP 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 2014-2015 Collective Bargaining Agreement between City of Pasco and 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