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HomeMy WebLinkAbout2015.03.09 Council Workshop PacketAGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. March 9, 2015 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) Tri -Cities Visitor & Convention Bureau Presentation. (NO WRITTEN MATERIAL ON AGENDA) Presented by Kris Watkins, President and CEO, Tri -Cities Visitor and Convention Bureau. (b) Tourism Reserve Balance Request: 1. Agenda Report from Stan Strebel, Deputy City Manager dated March 3, 2015. 2. Tourism Reserve Balance Request - Letter from Visit Tri -Cities. (c) 2014 Fire Department Performance Report: I. Agenda Report from Robert Gear, Fire Chief dated March 4, 2015. 2. 2014 Fire Department Performance Report - Report. 3. 2014 Fire Department Performance Report - RCW 35.103.010. (d) Senior Center Council Goal: 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated March 2, 2015. 2. Senior Center Council Goal - Resolution No. 3552, Council Goals for 2014-2015. 3. Senior Center Council Goal - Proposed Resolution. (e) Meter Reading Contract: 1. Agenda Report from Eva Lindgren, Deputy Director Administrative & Community Services dated March 3, 2015. 2. Meter Reading Contract - Meter Reading and Related Services Contract. (f) Franchise Agreement - Fatbeam, LLC: 1. Agenda Report from David Tanner, Senior Civil Engineer dated March 2, 2015. 2. Fatbeam, LLC - Proposed Ordinance. 3. Fatbeam, LLC - Proposed Franchise Agreement. 4. Fatbeam, LLC - Vicinity Map. 5. Fatbeam, LLC - Franchise Application. 5. OTHER ITEMS FOR DISCUSSION: (a) (b) (e) 6. EXECUTIVE SESSION: (a) (b) (c) 7. MISCELLANEOUS COUNCIL 8. ADJOURNMENT REMINDERS: 1. 11:45 a.m., Monday, March 9, Pasco Red Lion - Pasco Chamber of Commerce Membership Luncheon. ("Gas Price Volatility" presented by Justin Christensen, RE Powell) 2. 7:00 a.m., Thursday, March 12 - BFCG Tri -Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) 3. 7:00 p.m., Thursday, March 12, Transit Facility - Ben -Franklin Transit Board Meeting. (MAYOR MATT WATKINS, Rep.; MIKE GARRISON, Alt.) AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager FROM: Stan Strebel, Deputy City ManagySlo�' SUBJECT: Tourism Reserve Balance Request I. REFERENCE(S): March 3, 2015 Workshop Mtg.: 3/9/15 Regular Mtg.: 3/16/15 I. Tourism Reserve Balance Request -Letter from Visit Tri -Cities II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 3/9: 3/16: MOTION: I move to approve the Tourism Reserve Balance request for the Tourism Promotion Area in the amount of $241,945. HI. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: A) The Tourism Promotion Area (TPA) was formed in late 2004 to generate and administer the proceeds of a "per room night assessment" on hotels/motels in the Tri -Cities, imposed by the hotels themselves. B) The interlocal agreement (between Pasco, Kennewick and Richland) that created the TPA requires the annual budget and any expenditures from the TPA reserve account to be first approved by the City Council. V. DISCUSSION: A) The TPA "assessment" is remitted by the hotels to the state which, in tum, distributes it to the city in which it was collected. The city is obligated to pass the funds to the TPA, for use in accordance with the approved budget. B) The TPA Commission has voted unanimously to request an additional $241,945 in special project expenditures for 2015 from the reserve account for the following: QuickResponse Fund................................................................................ $50,000 hi -Flight Magazine Advertisements.......................................................... $32,000 2015/2016 Fall & Spring TV Ad Campaigns (Portland & Spokane) ....... $60,000 Revise Television Commercial................................................................. $10,000 TradeShow Booth....................................................................................... $2,500 2015 Bring Your Meering Home Campaign ....................................... $15,000 Increased Advertising for Sports............................................................... $24,300 Sports Industry Tradeshow Sponsorships ................................................. $15,000 Print Advertising WACVB Western Destinations Guide ........................... $4,645 Internet Marketing: Cvent Enhanced Listing .............................................. $8,500 Tri -Cities Airport Kiosk............................................................................ $20,000 TOTAL ........................ $241,945 C) Council should approve the additional allocations of the reserve account or indicate changes necessary to gain approval. 4(b) Tri -City Regional Hotel -Motel Commission Tourism Reserve Balance Request The Tri -City Hotel -Motel Commission currently has a balance of $264,672 available in reserves for reinvestment in new projects. The Commissioners have voted unanimously on the projects they want to invest in and are requesting Council's approval to use $241,945.00 from the reserve account for the following future projects: Quick Response Fund: This pool of funds is used to provide sponsorships to conventions and sporting events which are determined to have significant visitor impact during need periods. $50,000.00 • In -Flight Magazine Advertisements: The Commissioners would like to have a greater presence in quarterly publications produced by, Delta Airlines, United Express Airlines, Allegiant and Horizon Airlines. $32,000.00 2015/2016 Fall & Spring Television Ad Campaigns in Portland and Spokane: These campaigns would be similar in structure to our previous campaigns which have been placed in the greater Puget Sound Region and would increase the metropolitan markets that we advertise in to three. The campaign would be targeted to attract visitors for leisure travel during the shoulder seasons. $60,000.00 • Revise Television Commercial: The new bigger, bolder, brighter television commercial produced in 2014 would be complimented by producing the same or similar ad, but incorporating fall themed events such as fall festivals, grape harvest and grape stomps. $10,000.00 Trade Show Booth: Visit TRI -CITIES has a newly updated tradeshow booth which reflects the quality of life here in the Tri -Cities with general messaging. A second tradeshow booth focused solely on the wine industry and wine experiences available in the region could be used at industry specific tradeshows. With the addition of the new Mid -Columbia Wine Tourism Council it is likely that there will be an increase in the number of tradeshows and industry events that Visit TRI -CITIES will exhibit at. $ 2,500.00 Visit TRI -CITIES P.O. Box 2241 Tri -Cities, WA 99302-2241 Is YI TRS-CITIf.S 509-735-8486 1-800-254-5824 Fax 509-783-9005 ■ w .VisitTRI-CITIES.com WASHINGTON Info@Visitl'RI-CITIES.com Tri -City Regional Hotel -Motel Commission Tourism Reserve Balance Request The Tri -City Hotel -Motel Commission currently has a balance of $264,672 available in reserves for reinvestment in new projects. The Commissioners have voted unanimously on the projects they want to invest in and are requesting Council's approval to use $241,945.00 from the reserve account for the following future projects: Quick Response Fund: This pool of funds is used to provide sponsorships to conventions and sporting events which are determined to have significant visitor impact during need periods. $50,000.00 • In -Flight Magazine Advertisements: The Commissioners would like to have a greater presence in quarterly publications produced by, Delta Airlines, United Express Airlines, Allegiant and Horizon Airlines. $32,000.00 2015/2016 Fall & Spring Television Ad Campaigns in Portland and Spokane: These campaigns would be similar in structure to our previous campaigns which have been placed in the greater Puget Sound Region and would increase the metropolitan markets that we advertise in to three. The campaign would be targeted to attract visitors for leisure travel during the shoulder seasons. $60,000.00 • Revise Television Commercial: The new bigger, bolder, brighter television commercial produced in 2014 would be complimented by producing the same or similar ad, but incorporating fall themed events such as fall festivals, grape harvest and grape stomps. $10,000.00 Trade Show Booth: Visit TRI -CITIES has a newly updated tradeshow booth which reflects the quality of life here in the Tri -Cities with general messaging. A second tradeshow booth focused solely on the wine industry and wine experiences available in the region could be used at industry specific tradeshows. With the addition of the new Mid -Columbia Wine Tourism Council it is likely that there will be an increase in the number of tradeshows and industry events that Visit TRI -CITIES will exhibit at. $ 2,500.00 2015 Bring Your Meeting Home Campaign: Most all destination advertising is placed outside of the Tri -Cities, where our customer base resides, however there is value in educating the local residents about the value of putting forth the effort to secure conventions that take place outside the region. A "Bring Your Meeting Home' campaign would include a direct mail piece to business leaders, local print ads and community outreach to civic groups. $15,000.00 Increased Advertising for Sports: As we become more involved in marketing to tournament directors on a national level and participating in national tradeshows, it is becoming more important to create a presence in the mind of these clients by advertising in the publications that are distributed at the tradeshows and subscribed to by these clients. $24,300.00 • Sports Industry Tradeshow Sponsorships: Visit TRI -CITIES staff has identified three national sports industry tradeshows to sponsor. Top prospects attend these tradeshows and sponsorships allow more access to network and create brand awareness. The tradeshows recommended to sponsor are S.P.O.R.T.S. —The Relationship Conference; Connect Sports Marketplace; and TEAMS Conference. $15,000.00 • Print Advertising WACVB Western Destinations Guide On an annual basis, the Western Association of Convention and Visitors Bureaus partners with CONVENE to produce a special Western Destinations Guide, a resource guide for meeting professionals planning in the west. Pricing includes Ad plus matching editorial. $ 4,645.00 • Internet Marketing: Cvent Enhanced Listing: Cvent is an online network comprised of 200,000 suppliers worldwide. Planners can search for and compare destinations and venues, as well as find exclusive promotions. Planners send RFPs through the website to selected destinations and venues. $ 8,500.00 • Tri -Cities Airport Kiosk: Visit Tri -Cities has secured $40,000 in private sponsorships to design, build and maintain an interactive visitor station/kiosk at the newly renovated Tri -Cities Airport scheduled to be completed in 2016. In order to truly make the station complete with the most up-to-date technology and create the best visitor experience additional funding be needed. The Commissioners have stepped forward with additional support $20,000.00 TOTAL $241,945.00 AGENDA REPORT FOR: City Council Al March 4, 2015 TO: Dave Zabell, City Manager Workshop Mtg.: 3/9/15 '4 Regular Mtg.: 3/16/15 FROM: Robert W. Gear, F SUBJECT: 2014 Fire Department Performance Report I. REFERENCE(S): 1. 2014 Fire Department Performance Report — Report 2. 2014 Fire Department Performance Report — RCW 35.103.010 H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 3/9: Discussion 3/16: MOTION: I move to accept the Pasco Fire Department 2014 Performance Report. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) On February 21, 2006, the Pasco City Council adopted performance standards and objectives for the Fire Department as outlined in the Performance Standards Resolution No. 2938 and, as required by RCW 35.103.010. V. DISCUSSION: A) The 2014 performance report is similar to previous years in that: a. Call Processing: at 121 seconds from the receipt of call at the Franklin County PSAP until units are dispatched to respond, call processing times have improved over the previous few years; however, they continue to exceed the national standard of 60 seconds. b. Turnout Time: this past year saw continued improvement in the time it takes after the department is notified of an emergency until the responding unit(s) are mobile. Fire calls saw a slight decrease from 3:00 minutes to 2:58 and medic call response times decreased from 2:00 minutes to 1:54. While the medic call times are within standard, fire turnout times fall short of the adopted 2:00 minute standard. c. Travel Time: at 6:25 minutes, fire -related travel times remained unchanged from the previous year, but well off the adopted 6:00 minute standard. Medical response times decreased by 1 second to 5:57, within the standard. d. For 2014, the total time from 911 call to arrival for fires increased from 11:03 to 11:24 and decreased slightly for medical calls from 9:59 to 9:57. B) The time to assemble our desired fire ground staffing of 11 people, increased significantly from 15:17 in 2013 to 20:58 in 2014. The department met the adopted goal of 12:00 minutes 75% of the time, down from 85% in 2013. This is attributed to increased call volumes with our units being out of service on other calls, and having to rely more on aid from neighboring agencies. To expand, the adopted goal of 11 people numbers 4 less than the national standard of 15, which is what is actually being dispatched to a working fire in Pasco. 4(c) C) Mutual and Automatic Aid from our neighboring agencies, particularly the cities of Richland and Kennewick, have increased to the point that we receive over three times the hours in aid than we provide to the other cities. In 2013(current data available), we received 180 unit hours and 495 man hours of aid and provided 54 unit hours and 148 man hours back. D) The City's population and commercial/industrial enterprises have increased robustly over the past decade or more. This growth has steadily increased calls for service to the point where response times are no longer sustainable with the two engine companies and one ladder company we have serviced the City with since 1997. E) As discussed recently during the presentation on the upcoming Washington Survey and Rating Bureau review, in the near future, staff will be bringing forward for Council consideration options to improve service to better meet adopted standards and allow for quicker response times to the residences and business within the City. CITY OF PASCO FIRE DEPARTMENT RCW 35.103.010 PERFORMANCE MEASURES 2014 REPORT m �K IPASCO "I�lf ijlllll�u�; TABLE OF CONTENTS MISSIONSTATEMENT: ................................................................................................................................ 3 DEPARTMENT INFORMATION: ............................................................................................................... 3 FIRE DEPARTMENT FUNCTIONS: ........................................................................................................... 4 EMERGENCY RESPONSE SUMMARY: ..................................................................................................... 5 DEPARTMENT ORGANIZATIONAL CHART: ........................................................................................ 6 STAFFING LEVELS AND DISTRIBUTION: ............................................................................................. 7 CITYCOUNCIL RESOLUTION: ............................................................................................................ 8-10 STANDARDS OF RESPONSE PERFORMANCE MEASUREMENTS: ...................................... 11-20 PREDICTABLE RESULTS: ................................................................................................................... 21-22 TRAVEL TIME COMPLIANCE MAP: ....................................................................................................... 23 CALL DISTRIBUTION MAP: ...................................................................................................................... 24 PLANOF ACTION: ........................................................................................................................................ 25 2014 RESULTS TABLE: .............................................................................................................................. 26 K Pasco Fire Department Mission Statement: Make best use of Department resources to provide the Pasco community with effective mitigation of fire, rescue, hazardous materials and medical emergencies with compassion, j' J`i Department Information: Bob Gear, Fire Chief The City of Pasco Fire Department, Office of the Fire Chief was created by Ordinance #73 on July 16, 1908 with the responsibilities of caring for the fire equipment. The Department is currently staffed by 54 uniformed members and one admin personnel. Forty-nine members work a rotating 24 hours on duty, followed by 48 hours off duty. The operational staff consists of three shift platoons operating out of three fire stations. They are supported by the Fire Chief, Administrative Assistant, Training and Safety Battalion Chief, and the EMS Captain who work a forty -hour work week. Two members work a variable shift schedule or "D" shift, and fill vacant positions on the regular shift staffing. Firefighters respond to an average of 12 calls for service per day with approximately 78% of them being medical emergencies. Additionally, the Department provides aircraft rescue and firefighting services to the Tri Cities Airport, and Advanced Life Support (ALS) Ambulance service to Burbank and North Franklin County areas. Further, the Department actively participates in the regional Tri -County Technical Rescue Team and Hazardous Materials Response Team. 3 Fire Department Functions • Structural, Vehicle and Wildland Fire Suppression • Advanced Life Support (ALS) Emergency Medical Services and transport • Public information and education • Hazardous Materials Operations level response • Hazardous Material Technician level response with six members • Aircraft Rescue and Firefighting (ARRF) capability within the airport as well as within the surrounding community • Technical Rescue Operations level response • Technical Rescue Technician level response with nine members to include confined space, trench rescue, rope rescue • Machinery & Vehicle Operations level response • Machinery & Vehicle Technical Rescue level response To accomplish these tasks Pasco Firefighters will: • Study, train and practice the skills and tasks they are expected to master • Maintain physical fitness • Check and maintain the apparatus and equipment they work with • Be familiar with the community and any hazards they may encounter Emergency Response Summary • Emergency Medical Responses: • Structural Fire Responses: • Mobile Property Fire Responses: • Wildland Responses: Hazardous Materials Responses: • Aircraft Responses: w Technical Rescue Responses: Other Miscellaneous/False Responses: Total Responses: 2012 2013 2014 3444 3382 3715 103 97 71 56 48 55 57 47 42 7 11 14 3 6 3 1 1 1 729 749 807 4,400 4,341 4,708 2010 2011 2012 2013 2014 3815 4238 4400 4341 4708 Includes all calls including mutual aid given, received and none received. 5 Department Organizational Chart Program Management Responsibilities "A" Shift Battalion Chief: Facilities Maintenance & Repairs, Violent Incident Response Program "B" Shift Battalion Chief: Equipment Maintenance & Repair, Shift Fire Investigator Coordinator "C Shift Battalion Chief: Apparatus Maintenance Repair, Technical Rescue Team Coordinator "D" Shift Battalion Chief: Safety, Training, ARFF and HazMat Team Coordinator Staffing Levels and Distribution In 2014, the City of Pasco Fire Department employed 55 career members. Three of the day staff are uniformed and one is a civilian. Four of the shift positions are funded by contract with the Port of Pasco. This staffing level has been in place since 2005 when the Cit/,s population was approximately 44,000. We staff three fire stations with a minimum of 12 personnel and one additional person to cover airport only emergencies. 2014 staff are assigned as follows: Day staff Fire Chief Training and Safety Battalion Chief Emergency Medical Services Captain Secretary/Receptionist "D„ Shift Paramedic/Firefighter Paramedic/Firefighter Levels: Shift Staffing (each shift) Assigned Minimum • Shift Battalion Chief 1 1 • Station Captains 3 3 • Shift Lieutenant 1 1 • Firefighters 4 4 • Firefighter/Paramedics 6 3 • Aircraft Rescue FF 1 (assigned to airport only) 1 Total staffing assigned to each shift 16 13 Distribution: 7 RESOLUTION NO. a✓D A Resolution approving performance standards for Pasco Fire Department emergency responses. WHEREAS, the City of Pasco Fire Department is legally established as a fire department to provide certain emergency medical, fire and rescue services; and, WHEREAS, the Pasco Fire Department has a mission statement and goals and objectives to guide the organization in providing fire and emergency medical services to our community; and, WHEREAS, the Pasco Fire Department has a basic organizational structure which includes the City Council, City Manager, Chief, Officers, Firefighters, Paramedics and EMTS; and, WHEREAS, the Pasco Fire Department is required by statelaw(SHB 1756, laws of 2005) to establish turnout and response time goals for various emergency responses; and, WHEREAS, the Pasco Fire Department has developed written response coverage objectives required to comply with applicable provisions of SHB 1756; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the Pasco -City Council hereby approves the attached Response Standards as the Pasco Fire Department policy for determining resource deployment for emergency medical, fire and rescue services; and, This resolution was adopted at a regularly scheduled public meeting of the City of Pasco City Council for City of Pasco Fire Department on this :)-t � day of February, 2006. Joyce lso Mayor A T: Sandy Kenw y, Deputy Citylerk APPROVED. AS TO FORM: t.. � Leland B. Kerr, City Attorney PASCO FIRE DEPARTMENT RESPONSE STANDARDS 1. Mission Statement The Pasco Fire DepartmenCs mission is to provide rapid mitigation of fire, rescues, hazardous materials and medical emergencies with compassion, integrity, and respect for the people we serve. To be the premier provider of public safety services, utilizing our people as the critical resource to accomplish our goals. IL Response Standards The following standards represent the minimum desired service level for the. respective. emergency response services provided by the Fire Department. Affected managers shall deploy appropriated resources so as to best achieve the standards set forth herein. A. TURNOUT: A tum out time of two (2) minutes, which the department should meet 85% of the time. All firefighting safety equipment must be donned before the vehicle can leave the station for a fire response. B. FIRST ENGINE ARRIVAL: A response/travel time (after turnout) of six (6) minutes for the arrival of the first engine company (at least two (2) firefighters) to a fire suppression incident, which the department should meet 85% of the time. C. FIRST FULL ALARM ARRIVAL: A response/travel time (after turnout) of twelve (12) minutes for the arrival of the full complement of a 0 alarm response to a fire suppression incident, which the department should meet 85% of the time. "Full complement' means at least two (2) engine companies (trucks) with associated firefighters and one (1) command officer. D. BLS AMBULANCE ARRIVAL: A response/travel time (after turnout) of six (6) minutes/seconds for the arrival of the first emergency medical unit with at least one (1) EMT on board to an emergency medical incident, which the department should meet 85% of the time. E. ALS AMBULANCE ARRIVAL: A response/travel time (after turnout) of six (6) minutes for the arrival of an advanced life support unit with at least one (1) paramedic on board to an ALS emergency medical incident, which the department should meet 85% of the time. R HAZARDOUS MATERIALS: A response/travel time (after turnout) of six (6) minutes for the arrival of the first unit with at least one (1) appropriately trained Hazardous Materials Technician on board to a hazardous materials incident, which the department should meet 85% of the time. PASCO FIRE DEPARTMENT RESPONSE STANDARDS G. TECHNICAL RESCUE INCIDENT: A response/travel time (after turnout) of six (6) minutes for the arrival of the first unit with appropriately trained and equipped personnel on board to a technical rescue incident, which the department should meet 85% of the time. H. AIRCRAFT RESCUE AND FIREFIGHTING: A total responsettravel time of three (3) minutes for the arrival of the first unit with appropriately trained and equipped aircraft rescue and firefighting personnel on board to the site of an aircraft incident, which the department should meet 100% of the time (required standard of FAA). 1. WILD LAND FIREFIGHTING: A response/travel time (after turnout) of six (6) minutes for the arrival of the fust unit with appropriately trained and equipped wild land firefighting personnel on board to a wild land fire incident, which the department should meet 85% of the time. HI. ANNUAL REPORT The Fire Chief shall report the department's performance relative to these standards to the City Manager and City Council annually. February 2006 10 Standards of Response Performance Measurements Call Processing Definition: Call processing is the measurement of time from when the 911 call is answered at the Public Safety Answering Point (PSAP) until appropriate units are notified to respond. This performance standard is not a Washington State required performance measurement, but is included here to more clearly define the total time involved in a response. The National Fire Protection Association (NFPA) standard for call processing is 60 seconds, 90% of the time. Actual Dispatch Center Performance for 2014 The Franklin County Communications Center met the 60 second performance 48.6% of the time. 90x/0 of the dispatches were processed in 121 seconds or less. 90% Call Processing Seconds 2910 2191:1 2012 2013 2,914 138 153 154 141 121 11 Turnout Time Definition: The time after notification to the Fire Department of the incident to the start of vehicles responding to the incident (wheels rolling). Turnout Time Standard: The Pasco Fire Department has adopted a turn out time standard of 2 minutes, which the Department should meet 90% of the time. All firefighting safetyquipment must be donned before the vehicle can leave the station for a fire response _Actual Department Performance for 2014 The Pasco Fire Department met the Turnout Performance objective 86.2% of the time. 90% of the Department incidents experienced a turn out time of 2:10 minutes or less. 90% Turnout Time 2101!0 1 2011 2012 23013 2914 2:44 1 2:30 2:22 2:14 2:10 12 Fire Suppression Travel Time for First Arriving Engine Definition: Travel time for the arrival of the first arriving engine company at a fire suppression incident. Travel time starts after turnout when wheels are rolling and ends upon arrival at the incident. Travel Time Standard: The Pasco Fire Department has adopted a travel time standard of 6 minutes for the arrival of the first engine company to a fire suppression incident, which the Department should meet 90% of the time. Actual Department Performance for 2014 The Pasco Fire Department met the Travel Time Performance objective 84.8% of the time. 90% of the Department incidents experienced a first unit travel time of 6:25 minutes or less. 90% Fire Suppression Response Time for first Arriving Engine 2010 2301II 2012 2013 2414 6:19 6:04 6:17 6:25 6:25 13 Travel /Response Time for the Deployment of a Full First Alarm Assignment at a Fire Suppression Incident Definition: The total number of personnel and equipment the fire department has recognized as the minimum needed to combat a fire in a single- family residence. We measured the travel time for only those incidents that we were able to assemble the required number of personnel. Incidents that we were not able to assemble the minimum number of personnel were not used in Response Time Standard for Full First Alarm Response: The Pasco Fire Department has adopted a response travel time standard of 12 minutes for the arrival of the full complement of a first alarm assignment to a fire suppression incident, which the Department should meet 90% of the time. Further, the Pasco Fire Department has adopted a first alarm response of 11 firefighters and/or 2 engine companies (if applicable), 2 aid units,1 ladder truck and 1 Command Officer (if applicable). Actual Department Performance for 2014 The Pasco Fire Department met the standard of 11 or more personnel arriving on scene in 12 minutes or less 75% for residential structure fires where 11 or more personnel were initially dispatched. The 90th percentile for 11 or more arriving was 20:58. Full First Alarm Assignment % of Response/Travel meeting 90% goal of 11 Firefighters in 12:00 minutes 2010 2011 2012 21013 2014 81.8% 78.95% 87.5% 67% 75% 14 Emergency Medical Services Travel Time Basic Life Support Definition: Travel time for the arrival of the first arriving unit with a first responder or higher level capability at an emergency medical incident. Travel Time Standard: The Pasco Fire Department has adopted a travel time standard time of 6 minutes for the arrival of the first emergency medical unit, with appropriately trained personnel on board to an emergency medical incident, which the Department should meet 90% of the time. Actual Department Performance for 2014 The Pasco Fire Department met the Emergency Medical Services, Basic Life Support Performance objective 89.9% of the time. 90% of the Department incidents experienced an Emergency Medical Services travel time of 6.02 minutes or less. 90% Emergency Medical BLS Travel Time 2010 2011 2012 20113 2014 6:19 6:07 6:00 5.58 6:02 15 Emergency Medical Services Travel Time Advanced Life Support Definition: Travel time for the arrival of an advanced life support unit to an emergency medical incident, where this service is provided by the Fire Department. Travel Time Standard: The Pasco Fire Department has adopted a travel time standard of 6 minutes for the arrival of an Advanced Life Support (ALS) unit with appropriately trained personnel (paramedics) on board to an ALS emergency medical incident within the City limits, which the Department should meet 90% of the time. Actual Department Performance for 2014 The Pasco Fire Department met the Emergency Medical Services Performance, Advanced Life Support objective 90.5% of the time. 90% of the Department incidents experienced an Emergency Medical Services travel time of 5.57 minutes or less. 90% Emergency Medical ALS Travel Time 2010 2011 2012 2013 2014 6:11 6:03 6:01 5:54 5:57 W, Hazardous Materials Travel Time Definition: Travel time for the arrival of the first arriving apparatus with appropriately trained and equipped Hazardous Materials Level "A" Technicians on board at a hazardous materials incident, where this service is provided by the Fire Department. Travel Time Standard: The Pasco Fire Department has adopted a travel time standard of 6 minutes for the arrival of the first unit with appropriately trained Hazardous Materials Technicians on board to a hazardous materials incident, which the Department should meet 90% of the time. Actual Department Performance for 2014 The Pasco Fire Department met the Hazardous Material Response time Performance objective 53.8% of the time. 90% of the Department incidents experienced a Hazardous Materials travel time of 8:09 minutes or less. 90% Hazardous Material Travel Time 2010 20.11 29012 2613 2014 4:44 9:00 5:58 5:08 8:09 17 Technical Rescue Travel Time Definition: Travel time for the arrival of the first arriving apparatus with appropriately trained and equipped Technical Rescue Technicians on board at the technical rescue incident, where this service is provided by the Fire Department. Travel Time Standard: The Pasco Fire Department has adopted a travel time standard of 6 minutes for the arrival of the first unit with appropriately trained and equipped personnel on board to a Technical Rescue incident, which the Department should meet 90% of the time. Actual Department Performance for 2014 There were not any calls of this nature in the City in 2014. There was one mutual aid assistance call in 2014. 90% Technical Rescue Travel Time 2016 2811 2012 2D:13 2!01 7:23 6:51 6:52 4:49 0 18 Aircraft Rescue and Firefighting Turnout and Travel Time Definition: Turnout and travel time for the arrival of the first arriving apparatus with appropriately trained and equipped Aircraft Rescue and Firefighting personnel on board at an aircraft incident, where this service is provided by the Fire Department. Travel Time Standard: The Pasco Fire Department has adopted a turnout and travel time standard of 3 minutes for the arrival of the first unit with appropriately trained and equipped Aircraft Rescue and Firefighting personnel on board to an aircraft incident, which the Department should meet 100% of the time. This standard is adopted to meet Federal Aviation Administration requirements, 14 CFR Parts 121 and 139. Actual Department Performance for 2014 The Pasco Fire Department met the Aircraft Rescue and Firefighting Performance objective 80% of the time. 90% of the Department incidents experienced an Aircraft Rescue and Firefighting travel time of 2:59 minutes or less. 90% Aircraft Rescue and Firefighting Turnout and Travel Time 2Y3't4r 2011 2012 21413 21014 3:52 2:37 1:37 2:54 2:59 19 Wildland Firefighting Response Time Definition: Travel time for the arrival of the first arriving apparatus with appropriately trained and equipped Wildland Firefighting personnel on board at a wild fire incident, where this service is provided by the Fire Department. Travel Time Standard: The Pasco Fire Department has adopted a travel time standard of 6 minutes for the arrival of the first unit with appropriately trained and equipped Wildland Firefighting personnel on board to a wildland fire incident, which the Department should meet 90% of the time. Actual Department Performance for 2014 The Pasco Fire Department met the Wildland Firefighting Performance objective, 83.8% of the time. 90% of the Department incidents experienced a Wildland Firefighting response time of 6:31 minutes or less. 90% Wildland Response Time 20110 2011 2012 2013 2014 5:26 6:59 5:46 1 6:25 6:31 20 Predictable Results As the City continues to grow, call volumes will increase proportionately. Currently the Department is fully realizing the impact of the last growth cycle as families and businesses have moved in and established demand patterns. To illustrate, calls for service in 2014 were approximately 9% over the 2013 numbers. The first two months of 2015 saw a 14% call volume increase over the same time frame in 2014. In 2014, there were 1,521 instances where the Department was responding to two or more calls occurring simultaneously. 3807 4234 4399 4331 4708 —Overlapping Calls 1070 1302 1334 1370 1521 2010 2011 2012 2013 2014 Reducing the total response time (which includes call processing, turnout and travel time), to the Council -adopted and National standard, is the top priority of the Fire Department. A number of near-term items are in play or under consideration in order to address substandard performance in terms of response times and to meet Council goals: 1. Call Processing a. Current call processing performance continues to exceed the national standard of 60 seconds. Since the prospect of consolidation of the areas' two Public Safety Answering Points (PSAP) into one central PSAP and the development of the Multi -Agency Three Rivers Information and Communications Services (MATRICS), there has been little effort to invest in expensive time -saving technology at the Franklin County Emergency Communication Center. The City Council has recently approved the MATRICS Interlocal Agreement, and once the other member agencies do likewise, and MATRICS becomes a reality, the incorporation of automated dispatching into the system will significantly reduce call processing times. While MATRICS holds promise in bringing call processing times into standard, there are many steps ahead in the implementation process that will take time. b. The Department remains committed to working with the current dispatch center and, helping facilitate the PSAP consolidation effort. 21 2. Turn Out Time a. Need to address performance. Crew times are way off standard. This is something we can control with no additional dollars - we cannot ignore this issue. b. Improving the mobile data terminal routing and the fire station alerting systems can reduce turnout times. 3. Travel Time a. The Public Works Department is implementing the traffic signal modernization plan Council approved in the 2015 budget. These upgrades include the installation of Opticom, a system that allows for approaching emergency vehicles equipped with an Opticom emitter to safely change the signal to allow for quicker passage through signalized intersections. The Opticom system will help to reduce travel times, but not nearly enough to meet the standard for fire calls. b. The greatest single impact on bringing the Department within Council - adopted and National standards for travel, is the addition of an engine company. Based on the call volumes, expansion and response times to areas within the City, a third engine company would be most appropriately located in the Riverview area. While the City Council has made improvements through the budget this past year, the addition of a Firefighter position (effectively pulling Battalion Chiefs off the engines) and the initiation of a Fire Safety Inspection Program, maintaining the City's current Washington Survey and Rating Bureau classification with two engine companies and one ladder company is unlikely. The addition of this engine will also significantly reduce the time required to assemble a full effective response force by adding additional on -duty staffing within the City and reducing our reliance and burden on neighboring cities to provide personnel and resources. The need for a fire station in the Riverview area is well documented by looking at the call volume and response times to that area from the Airport Fire Station. As the City struggles to address near-term performance concerns, the pace of growth of the City to the northwest is picking up momentum. We are seeing interest in the area, including retail auto dealers, a significant rezone of 145 acres to commercial and the extension of water and sewer to the northwest of the City. With planning and economic development efforts currently underway, we have the opportunity to conduct some longer-term planning for emergency medical and fire services to meet the demands as the area develops. Pro -active planning and strategic action today will help the City avoid future Washington Survey and Rating Bureau issues. 22 Travel Time Compliance Map 2014 FRE RESPONM TIMES Q i4'd-i005 UNOEh 6MI�� Q i49�P5.9694 Wi0FA6 Nlro 4�. w.Y9fiui1GEfl 6A9W F-1 MUMMY ENRON ?,I BUD agoa :aM:a00 ONN .M M 23 ON ' :SRI 'D 'RM ,rA ��--\\ � OR , _A M' iy��p�fS� -M i--M�U:�M MUMMER i F-1 MUMMY ENRON ?,I BUD agoa :aM:a00 ONN .M M 23 Call Distribution Map NINO MOM QrMa 2014 TOTAL CALLS BY FMZ �CALLSORlE65 O M-0SCALL - 16-t00CAR5 t00CAll50AIWflE 24 Plan of Action The City will be facing increasing financial challenges to maintain the current level of service as call volume continues to increase. Additional funding will be needed to maintain the current level of service. Call Processing • Maintain the goal of call processing within 60 seconds 90% of the time. • Implement automated dispatching with the establishment of MATRICS. Turnout Times • Continue the past efforts to reduce turnout times by the firefighters. • Implement fire station alerting improvements that provide for the rapid response of personnel to a call. • Continue efforts to provide reliable and regularly updated mobile data terminals and maps to reduce the time that personnel use to verify the address at the wall map prior to responding. • Complete the 'vehicle routing" database in the CAD system to also reduce the time spent looking at the wall map. Travel Time • Provide and staff an additional engine company in the Riverview area. • With the completion of vehicle routing, implement Automatic Vehicle Location (AVL) as a dynamic dispatch method to dispatch the closest available unit. • Complete the upgrade of intersection signals to provide emergency vehicle preemption. • Work closely with Public Works and Community and Economic Development to minimize the impact of future road networks and modifications to existing roads. Full Effective Response Force • Provide and staff an engine company in the Riverview area before neighboring cities begin limiting automatic aid to Pasco. • Begin proactively planning for a Broadmoor station before the call volume further reduces available staffing for simultaneous calls. • Regionalize PSAPs and communications centers to maximize automatic aid responses and reduce disparate impacts on other agencies. 25 a� z z z z z z z H d C H _ O O w 00 LO Q Q Q d Q aA � z z z z z z z y y v 0. aaF£ z z z z z z z PO 00 ol A. y co W LO z OJ W 00 U R Rad+ 7 In N N O l� to ON O m M H {p+ �p OJ \ z O.Oi a Y ~G �o LO N l0 l0 u 0. 961 y l0 d d h O O V o 0 0 o O o y 7 N N d' Lq M QQ L9 a N N Ln z z LO �O 0.to 01 O+ L� co H u 7 � N ] Q .--1 O q tMA \ H L N z M N y 0. i p Itl O Cl O O 0C) O O -0 p OC oC O O O O O \ O O a ccF.• r •� N v N N N N N z N N W O 61 N NLn O to M 7 d NIM za [+ 6 IZ m v rs y poo C F y >❑ a O ,-a 7 a v w'47 d' ti E-' FIRE DEPARTMENTS PERFORMANCE MEASURES RCW 35.103.010 "Intent" The legislature intends for city fire departments to set standards for addressing the reporting and accountability of substantially career fire departments, and to specify performance measures applicable to response time objectives for certain major services. The legislature acknowledges the efforts of the international city/county management association, the international association of fire chiefs, and the national fire protection association for the organization and deployment of resources for fire departments. The arrival of first responders with automatic external defibrillator capability before the onset of brain death, and the arrival of adequate fire suppression resources before flash -over is a critical event during the mitigation of an emergency, and is in the public's best interest. For these reasons, this chapter contains performance measures, comparable to that research, relating to the organization and deployment of fire suppression operations, emergency medical operations, and special operations by substantially career fire departments. This chapter does not, and is not intended to, in any way modify or limit the authority of cities and towns to set levels of service. AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager FROM: Rick Terway, Director, Administrative & con ,y Services SUBJECT: Senior Center Council Goal I. REFERENCE(S): March 2, 2015 Workshop Mtg.: 3/9/15 Regular Mtg.: 3/16/15 1. Senior Center Council Goal -Resolution No. 3552, Council Goals for 2014-2015 2. Senior Center Council Goal - Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 3/9: Discussion 3/16: MOTION: I move to approve Resolution No. , amending Resolution No. 3552, Council Goal No. 4, regarding the Pasco Senior Center. M. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) In 2007, the city conducted a study of the Senior Center for the purpose of developing ideas and evaluating opportunities to make the center more viable. Due to fiscal restraints, none of the major renovations identified in the report have taken place. In the 8 years since the study was completed, staff has offered different programs for seniors with some successes and some failures. Federal funding for Aging and Long Term Care programs has been reduced causing the city budget subsidy to grow to $250,000. B) In the recent past the Senior Association disbanded due to lack of participation, terminating their weekly dances and the gift shop is no longer operational. C) The Senior Advisory Board has been folded into the Park and Recreation Advisory Board as few seniors volunteered. D) Meals on Wheels currently uses the kitchen to prepare meals for Pasco residents, but they anticipate being out of the kitchen by the end of 2015 as they are building their own facility. The city has no other plans or need to operate the kitchen at this time. E) Nationally, this trend is not unique to the City of Pasco. Some reasons for this might be that the current population of Baby Boomers do not relate to traditional "Senior Center" offerings. A growing number of assisted living facilities offer on-site programing, lessening the demand for a community based senior center. In addition, the majority of the assisted living facilities in the Tri -Cities are not located in Pasco making it difficult for seniors to access the center. Many Senior Centers are closing and or being repurposed into "Community Centers" which include programing for all ages, young and old. The 2014 Community survey indicated that 70% of the respondents favor programing the facility for all age groups; 61% favored reprograming the facility to provide opportunities for all ages. V. DISCUSSION: A) On May 19, 2014, City Council approved Resolution No. 3552, establishing primary goals of the City of Pasco for calendar years 2014-2015. B) Staff recommends that goal No. 4 be amended to read as follows: Senior Center: while the City's population has grown dramatically over the last 15 years, citizen use of the Senior Center has declined. The decline in use is a result of a changing culture and an older population which is more active in lifestyle and less interested in traditional "senior citizen" programming. The large size of the facility and its declining use has resulted in an imbalance in resources to community benefit. Believing that there is still a need for specialized services and programs for the senior population, as well as all other age groups the City will provide an appropriately sized and located Community Center to replace the current facility. 4(d) RESOLUTION NO. 3552 A RESOLUTION establishing primary goals of the City of Pasco for the ensuing calendar years 2014-2015. WHEREAS, the City of Pasco organization desires to focus the allocation of its resources toward primary goals selected to fulfill the vision of Pasco's future, as held by its elected representatives; and WHEREAS, the City Council conducted Community Forums on March 18 and 19 to elicit the concerns of residents about the present condition of the City, as well as thoughts and suggestions for Pasco's future; and WHEREAS, the City managerial staff has shared with the City Council its concerns for the present as well as visions for the future of the Pasco community; and WHEREAS, the City Council conducted a goal setting retreat on Saturday, April 19, 2014 to discuss all the various concerns for the present as well as visions for the future; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the following goals shall be considered primary goals for the City of Pasco for the ensuing two years (calendar years 2014 and 2015): 1. Industrial Development: the Pasco community relies on one of the lower "per capita" assessed values (total taxable property value divided by total population) in the state. The City needs to foster more industrial investment to increase the non-residential tax base and, in turn, improve the ability of local public agencies to deliver needed services. The City has worked diligently with its partners (Port, PUD, County, etc.) to create "development ready" industrial sites, particularly the Heritage Industrial Center, Foster Wells area and along the SR12 corridor. The City will continue to partner with the Port, TRIDEC and others to focus on the development of "professional wage" jobs through aggressively marketing industrial development opportunities and will provide sewer service to the Kartchner interchange industrial area. 2. Road 68 Congestion: the extent and nature of urban growth on the plateau, combined with the limitations imposed by the current configuration of the Road 68 interchange at I-182, have led to a pattern of intolerable congestion at the intersection of Road 68 and Burden Blvd. Though the City has made numerous improvements, and has plans to make additional improvements, the most promising solutions require modification to the I-182 freeway and are, therefore, subject to approval of WSDOT and FHWA. The City will construct an additional south (Road 68) to west bound (1-182) right turn lane at the Road 68 interchange, obtain approvals for additional on/off ramps east of Road 68, and plan for the completion of the necessary linkages surrounding the Road 68/1-182 corridor. 3. Police Station: the explosion of residential growth in the City over the past decade has led to a corresponding increase in City staff necessary to sustain and improve municipal services. The Police Department has outgrown available space at the civic center which is at capacity for virtually all departments. Voter approval of a sales tax for public safety purposes in 2011 provides the City with a funding source which should allow the issuance of bonds for the construction of a new police station. To that end, the City will construct and occupy a new police station by 2016. 4. Senior Center: while the City's population has grown dramatically over the last 15 years, citizen use of the Senior Center has declined. The decline in use is a result of a changing culture and an older population which is more active in lifestyle and less interested in traditional "senior citizens" programs. The large size of the facility and declining use has become an unnecessary drain on the City's resources. Believing that there is still a need for specialized services and programs for the senior population, the City will provide an appropriately sized and located senior center to replace the current facility. 5. Northwest Area Utilities: the northwest comer of the City's urban growth area represents an area of approximately 2,000 acres; including the acreage near the Road 100/I-182 interchange, which is designated as the City's primary future growth area. With the availability of urban utility services, the area will develop in an efficient and orderly pattern; without such services, primarily sewer, the area will not develop to urban levels and much land will be underutilized. In order to assure that the City can foster appropriate development in this area, the City will complete Phase 1 of the Northwest Element of the City's Sewer Services Plan. 6. Priority Parks Facilities: while rapid growth of the City's residential housing stock has resulted in demands for new neighborhood parks (paid for by park impact fees on new building permits), the size of the community creates a demand for more specialized facilities and some larger park and recreation venues. In order to fulfill the growing demand for such facilities, the City will develop a Priority Parks Facilities Plan and implement Phase I of the plan. Primary Goals - 2014-2015 Page 2 7. Emergency Communications: for more than 30 years, the City has relied on the Franklin County Sheriff for emergency communication services (police and fire). Operational and technological constraints along with growth of the City have led to an increasingly ineffective emergency system. Regionalization of call processing and dispatch services has been evaluated and promises to be the most cost effective and reliable way to assure future emergency communication services for the public as well as emergency responders. To that end, the City Council will diligently work to complete the transition to a single Public Safety Answering Point (PSAP) for the Tri -Cities region and convert law enforcement communications to 800 MHZ. 8. Lewis Street Overpass: the existing underpass (now 77 years old) continues to show signs of deterioration, posing an eventual threat to public safety as well as potential harm to the BNRR system which has mainline tracks over it. The City has secured the necessary right- of-way and has completed final design, thus making the project "shovel ready" but cannot afford to finance construction of the project. Thus, the City will work to obtain state and federal funding commitments for at least 85% of the estimated $31 million project construction cost. 9. DNR: the state Department of Natural Resources controls the western half of the property adjacent to the City's busiest freeway interchange — I-182/Road 68 — and gateway to the center of commercial activity in Pasco. As DNR's experience/focus is largely on rural property, it is ill-equipped to manage property within an urbanizing area. While limited commercial development has been established in the quadrant north of I-182, the property lease required by DNR effectively discourages retail developers, indirectly harming the Pasco community. Further, while the City was successful in securing legislative direction to DNR requiring the sale of residential property south of the anticipated Chapel Hill Boulevard extension, continued DNR control of the commercial property (and its use for farming) at this high traffic interchange neither benefits the state nor allows the City the advantage of urbanization (highest and best use) of the property in this area and conflicts with objectives of the state's Growth Management Act. To address this issue, the City will work to foster the earliest feasible and appropriate development of commercial property at the Road 68 interchange; facilitate the extension of Chapel Hill Blvd from Road 84 to Road 68; and prepare to accommodate residential development on property south of the Chapel Hill extension. 10. Animal Shelter: the Tri -Cities Animal Control Authority (ACA) was formed in 1998 as a cooperative effort between the cities of Kennewick, Richland and Pasco. In 2001, the City purchased the shelter formerly occupied by the Humane Society (located in Pasco) and leased it to the ACA. With the facility reaching 50 years of age, the costs of maintenance are beginning to become unreasonable. More importantly, the facility no longer has adequate capacity to house the number of impounded animals, as the population of the three cities has Primary Goals — 2014-2015 Page 3 grown dramatically in the past 15 years. As the operating agency for the ACA, Pasco must assume a leadership role to address the need for a new facility and a shelter plan was proposed in 2009. While a site for a new facility has been identified and is generally accepted by all three cities, there is no consensus on when and how to move forward. Pasco will foster agreement on a shelter replacement plan, and have a new animal shelter under construction by 2016. 11. Annexation: the City's Urban Growth Area (UGA) was designated by Franklin County, to include all of the area south of I-182, in 1993. Since that time, the City has planned utility and transportation infrastructure as well as the siting of other important public facilities to serve the entire UGA. When City water service has been extended to properties outside the City limits but within the UGA, the extension has been conditioned on agreement (binding on successor owners), granting the City the power of attorney to sign a future annexation petition on behalf of the property owner. Clearly, the most efficient delivery of services to the "donut hole" will come about upon annexation, as the City already has most of the staffing and infrastructure in place to serve the area. Additionally, a ballot issue in November 2013 resulted in 70% of city voters confirming that the donut hole should be part of Pasco. For these reasons, the City will reduce the size of the unincorporated "donut hole" through continued orderly annexation. 12. Gang Prevention/Suppression: Pasco has managed its gang problem relatively well, but the problem requires constant vigilance. The growth of gang activities in the region could lead to escalation of criminal and nuisance activities in Pasco. In addition to the deployment of a new street crimes police unit, the City will encourage gang prevention programs by assisting in the provision of program facilities while improving the effect of its graffiti abatement program. 13. Oregon Avenue: Oregon Avenue is a major arterial serving a primary industrial area of the City. Recent efforts with WSDOT have produced an agreement on concepts for development of the roadway to more adequately accommodate traffic and better serve adjacent property which is intended to encourage more private investment in that vicinity. To that end, the City will complete Phase 1 of the Oregon Avenue Improvement Plan. 14. Downtown Revitalization: as have many older urban centers, the downtown business district continues to struggle in its effort to revitalize itself. The formation of the Downtown Pasco Development Authority and the recent contracting with a downtown revitalization consultant will help the new organization take its first steps toward revitalization. To further encourage downtown improvement efforts, the City will complete the design of the one- way couplet system proposed to accommodate the Lewis Street Overpass and determine the feasibility and appropriate timing of the project, as it will present significant opportunity for streetscape renovations in the downtown core. Primary Goals — 2014-2015 Page 4 15. Neighborhood Revitalization: residential areas in the central portion of the City include many homes approaching 60-75 years of age. Designed for a different age, the neighborhoods often lack adequate off-street parking, experience higher population densities, and are frequently characterized by planting strips with large (and often problematic) shade trees. To address these issues, the City will implement the neighborhood revitalization plan for the area between 10th and 5th Avenues. 16. Waterfront Plan: over the past decade, the City has made notable improvements along the Columbia River shoreline. Both the City and the Port of Pasco control a significant amount of shoreline property east of the Cable Bridge. Given the unique opportunity to develop the area as an economic and recreational asset, the City will work in partnership with the Port of Pasco to develop and implement a common plan for redevelopment of the waterfront area between the Cable Bridge and Osprey Point. 17. Marine Terminal Rail Spur: a Burlington Northern rail spur line extends from its main line, westerly, then circling to the east to service the Port of Pasco's marine terminal area. With only one remaining tenant in the area receiving rail service, the line will have no further use after 2015. Given the wide right-of-way adjacent to much of the spur, there is significant potential for development and redevelopment of property if the railroad will agree to removal of the spur and disposal of the associated right-of-way. In order to encourage the eventual redevelopment of the area, the City will foster an agreement with BNSF and the Port of Pasco for the removal of the unnecessary rail spur west of the mainline and plan for the redevelopment of associated lands. Section 2. The City Manager is hereby directed and authorized to formulate appropriate implementation strategies to achieve the goals set forth hereinabove, consistent with appropriation policies and procedures. PASSED by the City Council of the City of Pasco at a regular meeting this 19th day of May, 2014. Matt Watkins, Mayor AT EST: Debra Clark, City Clerk Leland B. Ken, City Attorney Primary Goals - 2014-2015 Page 5 RESOLUTION NO. A RESOLUTION amending Resolution No. 3552, Council Goal No. 4 "Senior Center." WHEREAS, on May 19, 2014 City Council approved Resolution No. 3552 establishing primary goals for the City of Pasco, and WHEREAS, City Council has determined a need to amend Goal No. 4, "Senior Center"; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the Pasco City Council hereby amends Goal No. 4 to read as follows: Senior Center: while the City's population has grown dramatically over the last 15 years, citizen use of the Senior Center has declined. The decline in use is a result of a changing culture and an older population which is more active in lifestyle and less interested in traditional "senior citizens" programs -.ming. The large size of the facility and its declining use has beee f _ an ameeessafy a_..:~ on the Gity's r-esetffees resulted in an imbalance in resources to community benefit. Believing that there is still a need for specialized services and programs for the senior population, as well as all other age eroupss the City will provide an appropriately sized and located senier eenteF Community Center to replace the current facility. PASSED by the City Council of the City of Pasco at its regular meeting this 16th day of March, 2015. Matt Watkins Mayor ATTEST: Debra Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager 4, Rick Terway, D' ector A&CS FROM Eva Lindgre eepputy Director A&CS SUBJECT: Meter Reading Contract I. REFERENCE(S): March 3, 2015 Workshop Mtg.: 3/9/15 Regular Mtg.: 3/16/15 1. Meter Reading Contract - Meter Reading and Related Services Contract H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 3/9: Discussion 3/16: MOTION: I move to approve the contract for meter reading services with Columbia Meter Reading, hic., and authorize the Mayor to sign the contract documents. HI. FISCAL IMPACT: A. The current contract with Columbia Meter Reading, Inc. (CMR) is set to expire on March 31, 2015. CMR has agreed to an extension of 5 additional years with a 2 % increase in the fust year of extension, with no additional increases per year in subsequent years covered by the extension. B. The City paid CMR approximately $363,000 for their 2014 services. This includes routine meter reading, meter turn ons and turn offs when a customer moves in or out, delinquent turn ons and offs due to delinquent amounts owing (including after hours), confined space readings and requested re -reads. The staff at CMR is virtually on-call 24/7. They also respond to emergency shut offs where a customer has a pipe break or is working on the plumbing. The estimate for 2015, including the 2% increase is $370,500 - an increase of $7,500. IV. HISTORY AND FACTS BRIEF: A. The city has contracted with CMR for meter reading services for the past 15 years. This contract will expire at the end of this month. Staff last advertised in January 2005 for Request for Proposals for meter reading services. Only CMR responded to that request. B. There are currently approximately 18,100 water meters to read. In 2012 there were approximately 17,600 meters. All water meters are currently read every month. C. In 2012, the alternative of hiring City employees to read meters was examined and determined to not a viable alternative at the time and continues to be the case. D. Meter -reading technology continues to develop and evolve. The capital costs of implementing "remote read" technology is significant, and at this time, the City is not in a position to implement this technology. However, as technology costs continue to drop, this alternative to manual read meters will continue to be evaluated for implementation feasibility 4(e) V. DISCUSSION: A. Mr. Lemieux was employed by a previous contractor prior to being awarded the contract 15 years ago. He resides within the city limits of Pasco. He has demonstrated a history of high performance by notifying staff, on many occasions, when he or his staff notice illegal water connections. B. He and his staff do an excellent job reading meters. Over the past year CMR's reading accuracy rate has been 99.989%. C. Staff recommends the approval of the new contract with Columbia Meter Reading, which provides for a 2% increase in 2015, with no additional increases in subsequent 4 years covered by the contract. CONTRACT FOR METER READING SERVICES This agreement is made and entered into between the City of Pasco, a municipal corporation of the State of Washington, hereinafter referred to as the "City", and Columbia Meter Reading, Inc., hereinafter referred to as the "Contractor". In consideration of the mutual covenants and conditions herein contained the parties agree as follows: 1. SCOPE OF WORK. The Contractor shall read or cause to be read all meters measuring the flow of water from the City water transmission system in accordance with written schedules and maps supplied by the City. Such schedules will provide for the reading of water meters from specified areas or parts thereof within the City's water system at regular intervals. Such schedules may be suspended or revised by the City if, in its sole discretion, such action is required. The reading of water meters shall consist of; accessing the water meter, raising or lilting the lid of the meter box (small metal flap), raising the small metal cover -plate on the meter, wiping any dust or dirt accumulated since the prior reading, reading the numerical readout on the meter, igputing the reading into the electronic handheld device or writing down the reading for future input into electronic handheld device, replacing the small metal cover -plate on the meter and closing the meter box lid. In most instances the contractor will be required to bend down and in some cases get down on their hands and knees to read a meter. There will be a few meters were the contractor will be required to lift a heavy lid and climb down into a vault to obtain a reading. A vault is a confined space in which all applicable safety regulations must be followed. At the City's discretion, the contractor will also be required to replace broken meter box lids when found during the routine reading of a route. The City will provide the contractor with a supply of new meter box lids. All daily reading and other assignments shall originate and be dispatched from the Finance Department at Pasco City Hall located at 525 N. 3 Ave., Pasco, Washington. When reading meters, the Contractor shall check for and record obvious meter malfunctions and damages to the meter or the meter box or lid and report same to the City. If the Contractor deviates from the reading schedules provided by the City without prior approval (not having readings completed as scheduled) the City has the right to impose a penalty (see COMPENSATION). If the percentage of unread meters, excluding defective meters, is over 3% per book the City has the right to impose a penalty (see COMPENSATION). In addition to meter reading, the Contractor shall perform water meter turn -ons and tum -offs at the direction of the City and shall be responsible for emergency turn -on and turn-off services. The Contractor shall be available on a 24 hour basis, seven days a week, for such service. It is against City Ordinance for any unauthorized person to turn -on or turn-off a water meter. Any costs associated with the repair or replacement resulting from a violation of that ordinance, plus a penalty fee, will be billed to the customer. 2. COMPENSATION. The City agrees to pay the Contractor at the rates shown in Exhibit A. 1. For meter reading 2. For service turn -ons and turn-offs and simultaneous turn -ons and turn-offs. 3. For after hours and emergency turn -ons and turn-offs. "After hours" means a turn -on or turn-off assigned to/or received by the contractor after 5:00 p.m. and before 8:00 a.m. the following day. 4. For re -reading meters City staff suspects the original reading may not be accurate. 5. For meter box lid replacements. 6. For testing of the air in confined vault spaces for the breathing safety of the reader. 7. The City has the right to impose a penalty for not having meter reading completed as scheduled, to be deducted from the next regular payment. 8. The City has the right to impose a penalty when the percentage of unread meters and/or reading errors exceeds 3% per book, to be deducted from the next regular payment. 9. The City has the right to impose a penalty in the event the Contractor cannot be reached and sends a public works employee to respond to a call. The amount due the Contractor for services for the month shall be calculated from the 26th to the 25th of each month and paid to by the 10th of the following month. 3. PERSONNEL REQUIREMENTS. The personnel used by the Contractor in connection with the services rendered hereunder shall be persons of good character. Moreover, such personnel must be dressed to distinctively indicate their status as personnel of the Contractor and the Contractor shall employ a standard uniform in the conduct of its business. A standard uniform may either have a patch sewn on clothing or a separate vest with the words 'METER READER' visible. The Contractor shall provide a minimum of two persons to perform the work required in connection with the services to be rendered hereunder and shall have an adequate pool of reserve employees to fulfill the requirements specified herein within a reasonable amount of time. The City reserves the right to disapprove the continued use of any employee of the Contractor when it comes to the attention of the City that the employee has acted contrary to the best interest of the City in the performance of the services to be rendered hereunder. Such employee shall be immediately removed from performance of the services hereunder by the Contractor upon its receipt of written notice of disapproval from the City. 4. VEHICLE AND EQUIPMENT REQUIREMENTS. Vehicle and Equipment requirements are as follow: a. The Contractor shall supply at least two vehicles suitable for the services specified herein, and maintained in a condition acceptable to the city and identified with the words "WATER METER READER" (magnetic sign acceptable). The use of electric personal assistive mobility devices to obtain meter reads are specifically allowed, but not required. b. The Contractor will provide a cellular telephone for immediate communication with the Finance Department at City Hall and which shall be in the possession of the employee(s) or the reserve employee who has the immediate responsibility for the performance of the service requirements provided hereunder. c. All items of property provided to the Contractor by the City will remain the property of the City. The Contractor will be responsible for all property of the City delivered unto its custody until it is returned to the City. It shall provide or obtain written receipts therefore as required by the City Finance Manager. All property shall be returned in good working condition, normal wear and tear excepted. d. The Contractor shall supply all tools necessary to perform the requirements of the contract. (See DAILY REQUIREMENTS.) 5. CONTRACTOR'S EXPENSES. Costs and expenses incurred by the Contractor and/or its personnel in connection with the services rendered hereunder, except as may be specifically stated otherwise herein, shall be the sole cost and expense of the Contractor including, but not limited, to fuel costs, vehicle maintenance expenses, uniforms, wages and other employee benefits. 6. DAILY REQUIREMENTS. Monday through Friday of each week, except in the case of a holiday, the Contractor shall report to the Utility Billing Manager, or designee, at approximately 9:00 a.m., 12:30 p.m. and 4:30 p.m., to be given a schedule of work, including delinquent turn offs, hangers, re -reads, other turn -ons and turn-offs, and reads, if any, as prepared by the City. All work orders given to the Contractor must be completed and returned to the office at the next scheduled arrival. Any deviations from the schedule must be cleared through the Utility Billing Manager, or designee. Any work orders that are not completed in accordance for the schedule will not be compensated unless the deviation is approved by the Utility Billing Manager, or designee. The Contractor shall be available to the by cellular phone or by telephone 24 hours a day for the assigning of emergency water service turn -ons and turn-offs. It shall be the responsibility of the Contractor to keep any answering service used informed of which employee's are on call for emergency turn -ons and turn-offs. Emergency turn -ons and turn-offs shall be performed expeditiously, within 30 minutes of assignment, to minimize any potential property damage. Meter readings shall be performed within the schedule designated by the City but the actual hours worked by the Contractor in the performance of meter reading shall be at the Contractor's discretion, so long as the meter reading is performed within said schedule. Monday through Friday, as previously specified, the Contractor or a specifically designated employee of the Contractor shall give to the Utility Billing Manager, or designee, all required records of water turn -ons and turn-offs and meter readings performed by the Contractor's personnel but not yet reported to the City. The Contractor or its employees are not authorized to collect nor shall they collect any monies whatsoever from the City's utility customers for services performed or for payments on account. Each employee of the Contractor must have the following meter reading equipment available to them at all times: a flat -head screwdriver; a key for large meters; a key for padlocks used for lock - offs; a water pump; a shovel; a pick; blue paint; and door hangers. PERSONNEL TRAINING. The Contractor shall insure that all employees are properly trained, to the City's satisfaction, in the methods by which meters are to be read and the results recorded, and to insure the meters are read accurately and without damage to City property in accordance with the schedules established by the City. Contractor shall further insure that all employees are trained as to the location of the City's water meters for readings and service turn -ons and turn-offs without damage to the meters or others property. 8. ACCURACY OF READINGS. The accuracy for each meter reading and the reporting thereof shall be the responsibility of the Contractor and/or its personnel. Re -reads requested by the City shall be without compensation to the Contractor if the original read was in error. If a meter is re -read and no error is found to have occurred the Contractor shall be compensated by the City at the rate shown in Exhibit A. 9. ACCESSIBILITY OF METERS. It is acknowledged by both parties that the City's water meters can be obscured from vision by physical elements, water and/or other materials. It is the responsibility of the customer to keep the meter free from overgrown shrub growth and debris and to maintain the area around the meter to allow easy access for meter reading purposes. If a meter is obscured from vision due to water or dirt in the meter box, the Contractor and/or its personnel shall be required to pump out the water or dig out the dirt and obtain a reading. If a meter is unable to be found, due to it being covered by substantial sand, dirt or other debris, then the meter reader shall have the responsibility of leaving a door hanger at the location and reporting such failure to find the meter and the reason therefore on their report sheet for follow-up action by the City and shall be paid at the regular meter reading rate. If the meter reader cannot obtain a meter reading for safety reasons (i.e., a mean animal in the area), the reader shall try to obtain the residence's assistance, or leave a door hanger explaining when he/she will return to obtain a reading. If, upon returning, the animal is still loose and a reading cannot be obtained, the reader will leave another door hanger notifying the customer the reading will be estimated. The reader must keep a log of the addresses that have been left a hanger, the date it was left, and the reason the hanger was needed. The log should be turned into the Finance Department along with the readings for that particular route and the contractor shall be paid at the regular meter reading rate. 10. INCLEMENT WEATHER/SUSPENSION OF METER READING SERVICES. Parties recognize that snow or extreme cold or other weather conditions may substantially affect the accessibility of City water meters and their susceptibility to damage from the cold if a reading is attempted. The City, in its sole discretion, shall have the authority to suspend meter reading for such periods of time deemed appropriate and reasonably necessary. 11. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 2010 10 01 and Additional Insured - Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products - completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall fiunish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. ii�1�IB�uli;lYM•� In the performance hereunder, Contractor is an independent contractor, the City being interested only in the result obtained. The manner and means of conducting such work will be under the sole controls of Contractor, except as herein specifically provided. However, all work performed hereunder will be done in accordance with the provisions hereof and be subject to the right if of inspection by the City and its representatives. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Contractor agrees to indemnify the City for loss or damage to any of the City's property or equipment issued or obtained in connection with the work to be performed hereunder. 13. REQUIREMENTS OF LAW. In the performance of the work provided for herein, the Contractor agrees that it shall be conducted in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any government agency or regulatory body, either municipal, state or federal. The Contractor expressly agrees that in the performance of work hereunder compliance will be had with the applicable provisions of the Fair Labor Standards Act of 1938 as amended, and with all valid regulations having applications thereto. The Contractor assumes sole responsibility for the payment of all contributions, payroll taxes or assessments, state or federal, as to all employees engaged in the performance of work hereunder, and farther agrees to meet all requirements that may be specified under regulations of administrative officials or bodies charged with enforcement of any state or federal act, upon the subject referred to. The Contractor assumes and agrees to pay any and all gross receipts, compensation, use, transaction, sale, or other taxes or assessments of whatever nature or kind levied or assessed as a consequence of the work to be performed or on the compensation to be paid hereunder. 14. ATTORNEYS FEES AND COSTS. For the purpose of this Contract, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Contract, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney's fees and costs. 15. TERM OF CONTRACTlTERMINATION. The term of this contract shall be for a period beginning 12:00 a.m. April 1, 2015 and ending at 11:59 p.m. March 31, 2020, unless earlier terminated as provided hereunder. Either party may, without cause, terminate this contract by providing 90 days written notice to the other. Either party has the right to terminate this agreement if the other defaults in performing any of the covenants and agreements contained in, provided that prior thereto the party terminating the contract shall have given the other parry written notice of the facts constituting the default and the other party shall have not remedied the same within thirty days of the receipt of the notice. Upon mutual agreement of both parties, this contract may be extended for one additional year term. 16. COMPLETE AGREEMENT. This agreement is the whole and complete agreement of the parties, superceding and replacing all others and may not be replaced, modified or revoked without the same being in writing signed by all of the parties. In witness whereof, the parties hereto have executed this agreement this 16th day of March, 2015. CONTRACTOR: Representative: CITY OF PASCO: Matt Watkins, Mayor ATTEST: Sandy Kenworthy, Deputy City Clerk APPROVED AS TO FORM: Leland Kerr, City Attorney Exhibit A COMPENSATION: The City agrees to pay the contractor at the following rates: Old New 1. Per meter Read $4-.24 $1.23 2. Per turn-off or tum -on $4-.M $4.35 and simultaneous turn -ons and turn-offs 3. Per non-scheduled after hours call outs $42.77 $43.63 "After hours" means a turn -on or turn-off assigned to/or received by the contractor after 5:00 p.m. and before 8:00 a.m. the following day. 4. Per re -read, when the original read turns out to be correct when the original read turns is NOT correct 5. Per meter box lid replacement If done by work order If done while on route being read Contractor will carry a small inventory of meter box lids, provided by the City, to replace damaged lids. 6. Per each air test for breathing safety in confined vault spaces Penalties: $7-.44 $7.27 $0.00 1 11 $14.26 $14.55 7. There shall be a $100.00/day penalty for not having meter reading completed as scheduled. 8. There shall be a $100.00 penalty per every 1% when the percentage of unread meters exceeds 3% per book. 9. There shall be a $150.00 penalty when the City sends a public works employee to respond to a location when the Contractor cannot be reached. FOR: TO: FROM: AGENDA REPORT City Council Dave Zabell, City Manager Ahmad Qayoumi, PE, Public Works David Tanner, PE, Senior Civil Engineer SUBJECT: Franchise Agreement — Fatbeam, LLC I. REFERENCE(S): 1. Fatbeam, LLC - Proposed Ordinance 2. Fatbeam, LLC - Proposed Franchise Agreement 3. Fatbeam, LLC — Vicinity Map 4. Fatbeam, LLC — Franchise Application March 2, 2015 Workshop: 03/09/2015 Regular Mtg.: 03/16/2015 H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 03/09: Introduction and Discussion 03/16: CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No. granting a franchise to Fatbeam, LLC, and to authorize the City Manager to execute the franchise agreement and, further, to authorize publication of the Ordinance by summary only. III. FISCAL IMPACT: M IV. HISTORY AND FACTS BRIEF: A) Fatbeam, LLC is a telecommunications internet service provider with headquarters in Coeur d'Alene Idaho which has been contracted by Pasco School District to construct a fiber optic network. The company offers wholesale and enterprise telecommunications services and bandwidth infrastructure services. Fatbeam leases dark and lit fiber to school districts, government entities, healthcare entities, and businesses. Fatbeam,, LLC intends to locate its facilities in conjunction with existing Franklin PUD and Century Link facilities, as well as some new underground conduit installation. This Franchise Agreement will facilitate the construction of a fiber optic network which will greatly improve the communications capabilities for the Pasco School District. Additionally, in the future there is an opportunity for the City to lease fiber strands on the network along with businesses, hospitals, and other government agencies. B) Franchises are reviewed and granted pursuant to Title 15 of the Pasco Municipal Code. Prior to granting a franchise, the City Council must conduct a public hearing and thereafter make a decision on the franchise based on the following standards: Whether the applicant has received all requisite licenses, certificates, and authorizations from the Federal Communications Commission, the Washington Utilities and Transportation Commission, and any other federal or state agency with jurisdiction over the activities proposed by the applicant; 4(f) 2. The capacity of the public ways to accommodate the applicant's proposed facilities; 3. The capacity of the public ways to accommodate additional utility, cable, open video, and telecommunications facilities if the franchise is granted; 4. The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the franchise is granted; 5. The public interest in minimizing the cost and disruption of construction within the public ways; 6. The service that applicant will provide to the community and region; 7. The effect, if any, on public health, safety and welfare if the franchise is granted; 8. The availability of alternate routes and/or locations for the proposed facilities; 9. Applicable federal and state communications laws, regulations and policies; 10. Such other factors as may demonstrate that the grant to use the public ways will serve the community interest and; 11. Such other and further factors as may be deemed appropriate by the City. C) In accordance with RCW 35A.47.040, Council must approve a franchise at a regular meeting and can do so no sooner than five (5) days after its introduction for discussion and initial presentation before Council. Assuming Council agrees to grant the franchise, adoption of the attached proposed ordinance is recommended. A written determination is required for denial of a franchise. V. DISCUSSION: A) The Applicant has demonstrated, in the attached franchise application, that the standards stated above will be met through the installation/operation of the franchisee's improvements within the city's rights-of-way. B) The franchise document grants authority and establishes essential parameters for the installation/operation of the franchisee's improvements within the city's rights-of-way, such as permitting, insurance, records, fees, etc. C) Staff has prepared the attached, proposed franchise agreement in compliance with Title 15 and applicable state and federal law. The City Attorney has reviewed the attached Ordinance and Franchise Agreement, and has found them to be consistent with other similar franchises granted by the City. State law prohibits the City from imposing a franchise fee on utility providers other than cable television operations. Federal law prohibits the taxation of internet services. D) Individual permit applications for specific installations are required of franchisees. ORDINANCE NO. AN ORDINANCE granting a Franchise to Fatbeam, LLC for the location of fiber optic cable within the right-of-way of the City of Pasco. WHEREAS, an application has been received from Fatbeam, LLC, for the grant of a franchise for the location of fiber optic cable to provide wholesale and enterprise telecommunications services and bandwidth infrastructure services to be located within and under the right-of-way of the City of Pasco, as specially granted by a negotiated Franchise Agreement; and WHEREAS, the parties have negotiated a Franchise Agreement in compliance with Title 15 of the Pasco Municipal Code and governing telecommunication franchises; and WHEREAS, a public hearing on the grant of the franchise was conducted on the 16s` day of March, 2015; and WHEREAS, based upon the evidence received at the public hearing and the Staff Report, the City Council determines it to be in the best interest of the citizens of the City of Pasco; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Grant of Franchise. Pursuant to Chapter 35A.47.040 of the Revised Code of Washington, the City of Pasco grants to Fatbeam, LLC, a franchise for the location of fiber optic cable offering wholesale and enterprise telecommunication services and bandwidth infrastructure services to be located within the right-of-way of the City of Pasco as designated within the Application of Fatbeam, LLC, as Franchisee, according to the terms and conditions of the Franchise Agreement negotiated between Fatbeam, LLC, as Franchisee, and the City of Pasco, as Franchisor, a copy of which is attached hereto and incorporated hereinby this reference as Exhibit A. Section 2. Signature Authorized. The City Manager is hereby authorized and directed to execute that Franchise Agreement attached hereto as Exhibit A. Section 3. Effective Date. This Ordinance, and the Franchise Agreement authorized hereby, shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this 16a' day of March, 2015. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney FH.ED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Pasco WA 99301 FRANCHISE AGREEMENT THIS FRANCHISE AGREEMENT entered into this day of 2015, by and between the City of Pasco, Washington, a Washington Municipal Corporation (hereinafter referred to as "City", and Fatbeam, LLC, an Idaho Corporation (hereinafter referred to as "Franchisee"). WHEREAS, Section 35A.47.040 of the Revised Code of Washington authorizes the City to grant, permit, and regulate non-exclusive franchises for the use of public ways; and WHEREAS, Franchisee has applied to the City for a non-exclusive franchise to enter, occupy, and use public ways to construct, install, operate, maintain, and repair fiber optic facilities to offer and provide telecommunications service for hire, sale, or resale in the City of Pasco; and WHEREAS, a franchise is a legislatively approved master permit granting general permission to a service provider to enter, use, and occupy the public ways for the purpose of locating facilities subject to requirements that a franchisee must also obtain separate use permits from the City for use of each and every specific location in the public ways in which the franchisee intends to construct, install, operate, maintain, repair or remove identified facilities; and WHEREAS, a franchise does not include, and is not a substitute for any other permit, agreement, or other authorization required by the City, including without limitation, permits required in connection with construction activities in public ways which must be administratively approved by the City after review of specific plans; and WHEREAS, the City has conducted a public hearing on the 16th day of March, 2015, and reviewed the application based upon the standards set forth in Pasco Municipal Code Section 15.10.050 (A); and Franchise Agreement - Page I WHEREAS, the City approved this Franchise Agreement pursuant to RCW 35A.47.040 at the next regularly scheduled Council meeting following the public hearing pursuant to Ordinance No. ; and WHEREAS, the City finds that the franchise terms and conditions contained in this Agreement are in the public interest. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other valuable consideration, the Parties do agree as follows: 1. DEFINITIONS. For the purposes of this Agreement, all terms shall have the meaning as defined in PMC 15.10.020. Terms not specifically defined therein shall be given their ordinary meaning. 2. FRANCHISE. A. The City grants to Franchisee, subject to the terms and conditions of this Agreement and PMC Title 15, a non-exclusive franchise for providing wholesale and enterprise telecommunications (i.e., data transmission) services and bandwidth infrastructure services, not including voice, cable, video or other residential services; and to enter, occupy, and use public ways for constructing, installing, operating, maintaining, repairing, and removing wireline facilities necessary to provide telecommunications services. Franchisee shall construct, install, operate, maintain, repair, and remove its facilities at its expense. B. Any rights, privileges, and authority granted to Franchisee under this Franchise are subject to the legitimate rights of the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the public, and nothing in this Franchise excuses Franchisee from its obligation to comply with all applicable general laws enacted by the City pursuant to such power. Any conflict between the terms or conditions of this Franchise and any other present or future exercise of the City's police powers will be resolved in favor of the exercise of the City's police power. C. Nothing in this Franchise excuses Franchisee of its obligation to identify its facilities and proposed facilities and their location or proposed location in the public ways and to obtain use and/or development authorization and permits from the City before entering, occupying, or using public ways to construct, install, operate, maintain, repair, or remove such facilities. D. Nothing in this Franchise excuses Franchisee of its obligation to comply with applicable codes, rules, regulations, and standards subject to verification by the City of such compliance. Franchise Agreement - Page 2 E. Nothing in this Franchise shall be construed to create a duty upon the City to be responsible for construction of facilities or to modify public ways to accommodate Franchisee's facilities. F. Nothing in this Franchise grants authority to Franchisee to provide or offer cable television service. G. Nothing in this Franchise shall be construed to create, expand, or extend any liability to the City or to any third party user of Franchisee's facilities or to otherwise recognize or create third party beneficiaries to this Franchise. 3. TERM. Authorization granted under this Franchise shall be for a period of ten (10) years from the effective date of this Franchise. The Franchise may be renewed as provided in PMC Chapter 15.20. . This Agreement shall be effective five (5) days following the passage of an authorizing Ordinance and publication of this Franchise, or a summary thereof, occurs in a newspaper of general circulation in the City pursuant to RCW 35A.47.040, or upon execution by all parties hereto whichever occurs later. 4. LOCATION OF FACILITIES. Franchisee will locate its facilities as identified in the Fiber Network Map drawings, attached hereto and incorporated herein by this reference as Exhibit A; and will locate its facilities consistent with the requirements of PMC Title 15. Prior to installation of any facilities, Franchisee shall obtain all required City permits. 5. COORDINATION OF CONSTRUCTION AND INSTALLATION ACTIVITIES AND OTHER WORK. A. All construction or installation locations, activities and schedules shall be coordinated, as ordered by the City, to minimize public inconvenience, disruption or damages. B. At least twenty four (24) hours prior to entering a public way to perform construction and installation activities or other work, Franchisee shall give notice, at its cost, to owners and occupiers of property adjacent to such public ways indicating the nature and location of the work to be performed. Such notice shall be physically posted by door hanger. Franchisee shall make a good faith effort to comply with the property owner or occupier's preferences, if any, on location or placement of underground facilities, consistent with sound engineering practices. 6. HOLD HARMLESS AND ASSUMPTION OF RISK. A. Hold Harmless. Franchise Agreement - Page 3 (1) Franchisee hereby releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its elected officials, officers, employees, servants, agents, and representatives against any and all claims, costs, damages, judgments, awards, or liability, of any kind whatsoever, to any person, including claims by Franchisee's own employees to which Franchisee might otherwise be immune under Title 51 RCW, arising from injury or death of any person or damage to property arising out of the acts or omissions of Franchisee, its officers, employees, servants, agents or representatives. (2) Franchisee further releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its elected officials, officers, employees, servants, agents, and representatives from any and all claims, costs, damages, judgments, awards, or liability to any person, including claims by Franchisee's own employees, including those claims to which Franchisee might otherwise have immunity under Title 51 RCW, arising out of Franchisee's exercise of the rights, privileges, or authority granted by this Franchise which are made against the City, in whole or in part, due to the City's ownership or control of the public ways or other City property, by virtue of the City permitting the Franchisee's entry, occupancy or use of the public ways, or based upon the City's inspection or lack of inspection of work performed by Franchisee, its officers, employees, servants, agents or representatives. (3) These hold harmless covenants include, but are not limited to claims against the City arising as a result of the acts or omissions of Franchisee, its officers, employees, servants, agents or representatives in barricading, instituting trench safety systems or providing other adequate warnings of any excavation, construction, or work in any public way or other public place in performance of work or services permitted under this Franchise. (4) Franchisee further agrees to indemnify, hold harmless and defend the City, its elected officials, officers, employees, servants, agents, and representatives against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of the Franchisee's facilities as the result of any interruption of service due to damage or destruction of the user's facilities caused by or arising out of damage or destruction of Franchisee's facilities, except to the extent any such damage or destruction is caused by or arises from the active sole negligence of the City. (5) In the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent Franchise Agreement - Page 4 negligence of Franchisee and the City, Franchisee's liability hereunder shall be only to the extent of Franchisee's negligence. (6) It is further specifically and expressly understood that the hold harmless covenants provided herein constitutes the Franchisee's waiver of immunity under Title 51 RCW. This waiver has been mutually negotiated by the parties. (7) Inspection or acceptance by the City of any work performed by Franchisee at the time of completion of construction or installation shall not be grounds for avoidance of any of these hold harmless covenants. Said hold harmless obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. (8) In the event that Franchisee refuses the tender of defense in any suit or any claim, said tender having been made pursuant to the hold harmless covenants contained herein, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Franchisee, then Franchisee shall pay and be responsible for all of the City's costs for defense of the action, including all reasonable expert witness fees and reasonable attorneys' fees and the reasonable costs of the City, including reasonable attorneys' fees of recovering under this hold harmless clause. B. Assumption of Risk. (1) Franchisee assumes the risk of damage to its facilities located in the City's public ways from activities conducted by third parties or the City, its elected officials, officers, employees, servants, agents, or representatives. Franchisee releases and waives any and all claims against the City, its elected officials, officers, employees, servants, agents, and representatives for damage to or destruction of the Franchisee's facilities except to the extent any such damage or destruction is caused by or arises from active sole negligence of the City. (2) Franchisee bears sole responsibility to insure its property. Franchisee shall ensure that its insurance contracts waive subrogation claims against the City, its elected officials, officers, employees, servants, agents, and representatives, and Franchisee shall indemnify, defend and hold harmless the City, its elected officials, officers, employees, servants, agents, and representatives against any and all subrogation claims if it fails to do so. Franchise Agreement - Page 5 7. INSURANCE. Franchisee shall obtain and maintain, at its cost, worker's compensation insurance and the following liability insurance policies insuring both Franchisee and the City, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers as additional insureds against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges, and authority granted to Franchisee: A. Comprehensive general liability insurance, written on an occurrence basis, with limits not less than: (1) $5,000,000.00 for bodily injury or death to each person; (2) $5,000,000.00 for property damage resulting from any one accident; and (3) $5,000,000.00 for all other types of liability. B. Automobile liability for owned, non -owned and hired vehicles with a limit of $1,000,000.00 per occurrence. C. The liability insurance policies required by this section shall be maintained by Franchisee throughout the term of this Franchise, such other periods of time during which Franchisee's facilities occupy public ways, and while Franchisee is engaged in the removal of its facilities. Franchisee shall provide an insurance certificate, together with an endorsement naming the City, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers as additional insureds, to the City prior to the commencement of any construction or installation of any facilities pursuant to this Franchise or other work in a public way. Any deductibles or self-insured retentions must be declared to and approved by the City. Payment of deductibles and self-insured retentions shall be the sole responsibility of Franchisee. The insurance certificate required by this section shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Franchisee's insurance shall be primary insurance with respect to the City, its officers, officials, employees, agents, consultants, and volunteers. Any insurance maintained by the City, its officers, officials, employees, consultants, agents, and volunteers shall be in excess of the Franchisee's insurance and shall not contribute with it. D. In addition to the coverage requirements set forth in this section, each such insurance policy shall contain an endorsement in a form which substantially complies with the following: Franchise Agreement - Page 6 "It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until 10 days after receipt by the City, by registered mail, of a written notice addressed to the Pasco City Manager of intent to cancel or not to renew for reason of nonpayment of premium and until 30 days after receipt by the City, by registered mail, of a written notice addressed to the Pasco City Manager of intent to cancel or not to renew for reason for any other reason." E. At least ten (10) days prior to said cancellation or non -renewal, Franchisee shall obtain and famish to the City replacement insurance policies meeting the requirements of this section. S. SECURITY FUND. The fund described herein shall be considered an additional security and protection above, beyond and in addition to those rights and remedies already provided by other law including, but not limited to, PMC Title 15. Franchisee shall establish and maintain a security fund in the amount of twenty thousand dollars ($20,000), at its cost, with the City by depositing such monies, bonds, letters of credit, or other instruments in such form and amount acceptable to the City. No sums may be withdrawn from the fund by Franchisee without consent of the City. The security fund shall be maintained at the sole expense of Franchisee so long as any of the Franchisee's facilities occupy a public way. A. The fund shall serve as security for the full and complete performance of this Franchise, including any claims, costs, damages, judgments, awards, or liability, of any kind whatsoever, the City pays or incurs, including civil penalties, because of any failure attributable to Franchisee to comply with the provisions of this Franchise or the codes, ordinances, rules, regulations, standards, or permits of the City. B. Before any sums are withdrawn from the security fund, the City shall give written notice to Franchisee: (1) Describing the act, default or failure to be remedied, or the claims, costs, damages, judgments, awards, or liability which the City has incurred or may pay by reason of Franchisee's act or default; (2) Providing a reasonable opportunity for Franchisee to first remedy the existing or ongoing default or failure, if applicable; (3) Providing a reasonable opportunity for Franchisee to pay any monies due the City before the City withdraws the amount thereof from the security fund, if applicable; and Franchise Agreement - Page 7 (4) Franchisee will be given an opportunity to review the act, default or failure described in the notice with the City or his or her designee. C. Franchisee shall replenish the security fund within fourteen (14) days after written notice from the City that there is a deficiency in the amount of the fund. D. Insufficiency of the security fund shall not release or relieve Franchisee of any i obligation or financial responsibility. 9. TAXES, CHARGES, AND FEES. A. Franchisee shall pay and be responsible for all charges and fees imposed to recover actual administrative expenses incurred by the City that are directly related to receiving and approving this Franchise, any use and/or development authorizations which may be required, or any permit which may be required, to inspect plans and construction, or to the preparation of a detailed statement pursuant to RCW Ch. 43.21C. Regular application and processing charges and fees imposed by the City shall be deemed to be attributable to actual administrative expenses incurred by the City but shall not excuse Franchisee from paying and being responsible for other actual administrative expenses incurred by the City. (1) Within fourteen (14) days of execution of this Franchise Agreement, Franchisee shall pay to the City reimbursement for actual administrative expenses incurred including, but not limited to, expenses for staff time, legal review and publication in the amount of $2,000.00. B. Franchisee shall pay and be responsible for taxes permitted by law. 10. VACATION OF PUBLIC WAYS. The City reserves the right to vacate any public way which is subject to rights, privileges,, and authority granted by this Franchise. If Franchisee has facilities in such public way, the City shall reserve an easement for Franchisee. 11. DUTY TO PROVIDE INFORMATION. Within ten (10) days of a written request from the City, Franchisee shall fumish the City with all requested information sufficient to demonstrate: A. That Franchisee has complied with all requirements of this Franchise; B. That taxes, fees, charges, or other costs owed or payable by Franchisee have been properly collected and paid; and 12. RECORDS. Franchise Agreement - Page 8 A. Franchisee will manage all of its operations in accordance with a policy of keeping its documents and records open and accessible to the City. The City will have access to, and the right to inspect, any documents and records of Franchisee and its affiliates that are reasonably necessary for the enforcement of this Franchise or to verify Franchisee's compliance with terms or conditions of this Franchise. Franchisee will not deny the City access to any of Franchisee's records on the basis that Franchisee's documents or records are under the control of any affiliate or a third party. Franchisee will take all steps necessary to assist the City in complying with the Public Records Act, RCW Chapter 42.56, including providing the City with a written statement identifying how long it will take to produce records not immediately available, and for any records that are not disclosed in whole or in part, a written statement from Franchisee's legal counsel stating the authority upon which the documents are withheld. B. All documents and records maintained by Franchisee shall be made available for inspection by the City at reasonable times and intervals; provided, however, that nothing in this section shall be construed to require Franchisee to violate state or federal law regarding subscriber privacy, nor shall this section be construed to require Franchisee to disclose proprietary or confidential information without adequate safeguards for its confidential or proprietary nature. C. One copy of documents and records requested by the City will be furnished to the City at the cost of Franchisee. If the requested documents and records are too voluminous or for security reasons cannot be copied or removed, then Franchisee may request, in writing within ten (10) days of the City's request, that the City inspect them at Franchisee's local office. If any documents or records of Franchisee are not kept in a local office and/or are not made available in copies to the City, and if the City determines that an examination of such documents or records is necessary or appropriate for the enforcement of this Franchise, or to verify Franchisee's compliance with terms or conditions of this Franchise, then all reasonable travel and related costs incurred in making such examination shall be paid by Franchisee. 13. NOTICES. A. Any regular notice or information required or permitted to be given to the parties under this Franchise may be sent to the following addresses unless otherwise specified: The City: City of Pasco Attn: Dave Zabell, City Manager 525 North 3rd Pasco WA 99301 Franchise Agreement - Page 9 Phone: (509) 545-3404 E -Mail Address: zabelld@pasco-wa.gov Franchisee: Fatbeam, LLC Attn: Kim Devlin 2065 W Riverstone Drive Coeur d'Alene ID 83814 (509)344-1008 E -Mail Address: kim@fatbeam.com B. Franchisee shall additionally provide a phone number and designated responsible officials to respond to emergencies. After being notified of an emergency, Franchisee shall cooperate with the City and make best efforts to immediately respond to minimize damage, protect the health and safety of the public and repair facilities to restore them to proper working order. 14. NON -WAIVER. The failure of the City to exercise any rights or remedies under this Franchise or to insist upon compliance with any terms or conditions of this Franchise shall not be a waiver of any such rights, remedies, terms or conditions of this Franchise by the City and shall not prevent the City from demanding compliance with such terms or conditions at any future time or pursuing its rights or remedies. 15. EMINENT DOMAIN. This Franchise is subject to the power of eminent domain and the right of the City Council to repeal, amend or modify the Franchise in the interest of the public. In any proceeding under eminent domain, the Franchise itself shall have no value. 16. DAMAGE TO FACILITIES. Unless directly and proximately caused by the active sole negligence of the City, the City shall not be liable for any damage to or loss of any facilities as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind on, in, under, over, across, or within a public way done by or on behalf of the City. 17. GOVERNING LAW AND VENUE. This Franchise and use of the applicable public ways will be governed by the laws of the State of Washington, unless preempted by federal law. Franchisee agrees to be bound by the laws of the State of Washington, unless preempted by federal law, and subject to the jurisdiction of the courts of the State of Washington. Any action relating to this Franchise must be brought in the Superior Court of Washington for Franklin County, or in the case of a Federal action, the United States District Court for the Eastern District of Washington at Richland, Washington, unless an administrative agency has primary jurisdiction. Prior to initiating any litigation under this Agreement, the parties shall meet in a good faith effort to mutually resolve disputes. Franchise Agreement - Page 10 18. SEVERABILITY. If any section, sentence, clause or phrase of this Franchise or its application to any person or entity should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality will not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Franchise nor its application to any other person or entity. 19. MISCELLANEOUS. A. Equal Employment and Nondiscrimination. Throughout the term of this Franchise, Franchisee will fully comply with all equal employment and nondiscrimination provisions and requirements of federal, state, and local laws, and in particular, FCC rules and regulations relating thereto. B. Local Employment Efforts. Franchisee will use reasonable efforts to utilize qualified local contractors, including minority business enterprises and woman business enterprises, whenever the Franchisee employs contractors to perform work under this Franchise. C. Descriptive Headings. The headings and titles of the sections and subsections of this Franchise are for reference purposes only and do not affect the meaning or interpretation of the text herein. D. Costs and Attorneys' Fees. If any action or suit arises in connection with this Franchise, the substantially prevailing party will be entitled to recover all of its reasonable costs, including attorneys' fees, as well as costs and reasonable attorneys' fees on appeal, in addition to such other relief as the court may deem proper. E. No Joint Venture. Nothing herein will be deemed to create a joint venture or principal -agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner that would indicate any such relationship with the other. Mutual Negotiation. This Franchise was mutually negotiated by the Franchisee and the City and has been reviewed by the legal counsel for both parties. Neither party will be deemed to be the drafter of this Franchise. G. Third -Party Beneficiaries. There are no third -party beneficiaries to this Franchise. H. Actions of the City or Franchisee. In performing their respective obligations under this Franchise, the City and Franchisee will act in a reasonable, expeditious, and timely manner. Whenever this Franchise sets forth a time for any act to be performed by Franchisee, such time shall be deemed to be of the essence, and any failure of Franchisee to perform within the allotted time may be considered a Franchise Agreement - Page 11 material breach of this Franchise, and sufficient grounds for the City to invoke any relevant remedy. Entire A erg ement. This Franchise represents the entire understanding and agreement between the parties with respect to the subject matter and supersedes all prior oral and written negotiations between the parties. J. Modification. The parties may alter, amend or modify the terms and conditions of this Franchise upon written agreement of both parties to such alteration, amendment or modification. Nothing in this subsection shall impair the City's exercise of authority reserved to it under this Franchise. K. Non -exclusivity. This Franchise does not confer any exclusive right, privilege, or authority to enter, occupy or use public ways for delivery of telecommunications services or any other purposes. This Franchise is granted upon the express condition that it will not in any manner prevent the City from granting other or further franchises in, on, across, over, along, under or through any public way. L. Rights Granted. This Franchise does not convey any right, title or interest in public ways, but shall be deemed only as authorization to enter, occupy, or use public ways for the limited purposes and term stated in this Franchise. Further, this Franchise shall not be construed as any warranty of title. M. Contractors and Subcontractors. Franchisee's contractors and subcontractors must be licensed and bonded in accordance with the City's ordinances, rules, and regulations. Work by contractors and subcontractors is subject to the same restrictions, limitations and conditions as if the work were performed by Franchisee. 20. INCORPORATION BY REFERENCE. This Agreement, specifically by this reference, incorporates PMC Title 15. In the event of any dispute between the terms of this Agreement and the provisions of Title 15 as they now exist, the provisions of Title 15 shall control. 21. PUBLICATION. The City Clerk is authorized and directed to publish a summary hereof in accordance with Revised Code of Washington §§ 35A.13.200 and 35A.12.160. 22. EFFECTIVE DATE. This agreement shall take effect five (5) days following the passage of an authorizing ordinance and publication of this Franchise, or a summary thereof, occurs in a newspaper of general circulation in the City pursuant to RCW 35A.47.040, or upon execution by all parties hereto, whichever occurs later. DATED this day of 2015. Franchise Agreement - Page 12 CITY OF PASCO Dave Zabell, City Manager Attest: Debra Clark, City Clerk Approved as to Form: Leland B. Kerr, City Attorney Franchise Agreement - Page 13 FATBEAM, �— 67-€.eN , President STATE OF WASHINGTON ) :ss County of Franklin ) On this day personally appeared before me Dave Zabell, City Manager of the City of Pasco, to me 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 deed for the uses and purposes therein mentioned. SUBSCRIBED and sworn to before me this _ day of 2015. Notary Public in and for the State of Washington Residine at My Commission Expires STATE OF IDAHO ) :ss County of On this day personally appeared before me �ev [' n President of Fatbeam, LLC, to me 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 deed for the uses and purposes therein mentioned. SUBSCRIBED and sworn to before me this 05 day of 2 , , 2015. \\\\\�\\\MMHui,,, Lary Public in and for the State of Idaho �EvtI. Residingat e4ur J'Rte,,.e Il) 83?31L1 My Commission Expires �' QZPR y ? a Franchise Agreement - Page 14 I IN i m m I r t 5 j - Pliq ufowPeo�� (10�.hN� - t 0 J T. J !fir a ,-,- •�..- r V+p. q� r r � v j fg I r t 5 j - Pliq ufowPeo�� (10�.hN� - i0rear a �• 00 i f • �`ii 2o65 w riverstone drive suite soy coeur d'alene, idaho 83814 t 509 3441oo8 f 509 3441009 12.12.3.4 To Whom It May Concern: Fatbeam is a provider of Fiber Optic -based Wide Area Networks. We will be constructing a fiber network for the Pasco School District that will be operational by or before June 1o16. Please find enclosed Fatbeam's Franchise Agreement application. I would appreciate a confirmation letter/email that you have received our application. If you have any questions, you can reach me via email at kim(.Dfatbeam.com or phone at 509.344•ioo8. Kind regards, Kim Devlin Accounts Coord./Office Manager Fatbeam rri� ''SOV I � ?014 0 0 ii 00000 0 tble am 2o65 w riverstone drive suite io5 coeur d'alene, idaho 83814 S093441008 ' 509 3441009 Fatbeam Franchise Agreement Application per City of Pasco Municipal Code 15.10.040 A. Fatbeam, LLC 1. Address: 2065 W Riverstone Dr, Ste. 105, Coeur d'Alene, ID 83814 2. Contact: Kim Devlin, Accts Coord/Office Mgr 3. Phone: (509)344-1008 4. Email: kim@fatbeam.com B. A description of the communications services that are or will be offered or provided by the applicant over its communications facilities. 1. Fatbeam leases dark and lit fiber to school districts, government entities, healthcare entities, and businesses. C. A description of the transmission medium that will be used by the applicant to offer or provide such communications services. 1. Fatbeam deploys fiber optics as its medium to provide the above services. D. An accurate map showing the location of any existing communications facilities in the City that applicant intends to use or lease. 1. Fatbeam does not intend to use any existing communications facilities at this time. E. A description of applicant's access and line extension policies, if applicable. 1. Any line extensions will be constructed upon customer requests. Fatbeam would then expect to obtain any necessary permitting from the City of Pasco for said line extension. F. The area or areas of the City the applicant desires to serve and a schedule for build -out to the entire franchise area. 1. Please see attached Map (subject to change) and Construction Schedule. G. A description of the City property upon which the applicant proposes to locate communications facilities or other equipment. 1. Fatbeam will not place fiber on any City properties other than existing utility ROW's unless the City requests such services. H. Preliminary plans and specifications in sufficient detail to identify: 1. The location(s) of existing communications facilities or other equipment upon City property, whether publicly or privately owned; i. N/A. Fatbeam does not have any existing facilities. 2. The location and source of electric and other utilities required for the installation and operation of the proposed facilities; i. N/A Accurate scale conceptual drawings and diagrams of sufficient specificity to analyze the aesthetic impacts of any proposed communications facilities or other equipment 1. Fatbeam's fiber will either be underground, in vaults, or on existing poles. Therefore, aesthetics will not be affected. J. Preliminary engineering plans, specifications and a network map of the facilities to be located within the City, all in sufficient detail to identify: 1. The location and route requested for applicant's proposed facilities; 2. The location of all overhead and underground public utility, telecommunication, cable, water, sewer and storm water drainage, natural gas, and other facilities in the public way along the proposed route; 3. The location(s), if any, for interconnection with the communications facilities of other communications operators, carriers or providers; and 4. The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate. *Fatbeam proposes to supply engineering/construction drawings as part of the permitting process before any construction begins. K. If applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its communications facilities on existing utility poles along the proposed route. 1. Fatbeam has a joint use agreement with Franklin PUD, and we will submit joint use applications as required by our agreement. if surplus space is not available, Fatbeam will redesign the fiber segment to utilize another pole lead or propose underground construction. L. If applicant is proposing an underground installation in existing ducts or conduits within the public ways, information in sufficient detail to identify: 1. The excess capacity currently available in such ducts or conduits before installation of applicant's communications facilities; 2. The excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's communications facilities; and 3. Evidence of ownership or a right to use such ducts or conduits. N/A. Fatbeam will not be proposing underground installation in existing ducts or conduits. M. If the applicant is proposing an underground installation within new ducts or conduits to be constructed within the public ways: 1. The location proposed for the new ducts or conduits; and i. Please see KMZ for underground routes. 2. The excess capacity that will exist in such ducts or conduits after installation of applicant's communications facilities. i. The excess capacity in the Fatbeam conduit will be for Fatbeam's use only. N. A preliminary construction schedule and completion date. 1. Please see Construction Schedule. 0. Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities, and to offer or provide the communications services, including, but not limited to, evidence that the applicant has registered with the WA UTC. 1. Please see included licensing: i. Registration with the WA UTC as a competitive telecommunications company ii. Registration with the WA Secretary of State. iii. City of Pasco Business License iv. Joint use agreement with Franklin PUD. The full agreement can be supplied upon request. 2. Fatbeam understands that we will be required to obtain permits for crossing WSDOT ROW's, railroad properties, and Franklin County RO W's. P. All deposits or charges required pursuant hereto; and Q. All applicable fees as set forth herein. 1. $300 application fee included. t Q ' k O O V yO ((ypp O Y1p @ C J ryO @ y 1 r � E EOR c E E T (aJi (� m O LL m m O LL m m O LL 9 m o Z. c p E yc E « H m �i E y m 5 yc mE O *y wF 6 � mE m "y $ ci VO c E y p c Ey p` c c E °.y2 p c c $L E $y LL V N u o Em y a O N O Q O C O O S N Z. 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SIS SPi C'l sP CP 8 � � o � v E � 0 o.. 0 0 m c o a+ d I E a c ro o 0 158 0 0 i � I i AEt'0 4 SecretaryR>� tO I, HIM WYMAN, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF EXISTENCE/AUTHORIZATION OF FATBEAM,LLC I FURTHER CERTIFY that the records on file in this office show that the above named Limited Liability Company was formed under the laws of the State of WA and was issued a Certificate Of Formation in Washington on 7/2/2010. I FURTHER CERTIFY that as of the date of this certificate, FATBEAM, LLC remains active and has complied with the filing requirements of this office. Date: August 25, 2014 UBI: 603-029-258 Given under my hand and the Seal of the State of Washington at Olympia, the State Capital Kim Wyman, Secretary of State qqa�c r T�sc ��o-ol t1�` �P !� ,;uu Business Name: Business License FATBEAM LLC GREG GREEN/SHAWN SWANBY 971 S CLEARWATER LOOP POST FALLS ID 83854 525N 3rd Ave. PO Box 293 Pasco, WA 99301 License Number 25242 Business Location/Type: 971 S CLEARWATER LOOP POST FALLS ID 83854 CONTR-GENERAL THE ABOVE NAMED BUSINESS IS HEREBY LICENSED TO DO BUSINESS IN THE CITY OF PASCO, WASHINGTON. SAID BUSINESS TO BE CONDUCTED ACCORDING TO THE ORDINANCES .OF THE CITY OF PASCO NOW IN FORCE OR HEREAFTER TO BE ENACTED, AND IN CONFORMITY WITH THE LAWS OF THE STATE OF WASHINGTON, AND AT ALL TIMES TO BE SUBJECT TO REVOCATION FOR THE VIOLATION OF ANY SUCH ORDINANCE OR REGULATION OR FOR VIOLATING THE LAWS OF THE STATE OF WASHINGTON. License Fee: $75.00 Date Issued: 06/20/2014 License Expires: 12/31/2014 BY Debra L. Clark, Citv Clerk Comments: 1. Building permits are -required in.Paseo forallnew .buildings, residences. garages, additions, remodels, rehabilitations, fire and flood damage repair, fences, sheds; carports, gazebos, decks; swimming pools, spas, hat tubs, siding, re -roofs, window and door replacement or installation,_ gas fired appliances, heat pumps, foundations, excavations, .parking areas, sidewalks, impervious surfaces and resurfacing (driveways, parking lots and surfaces; athletic courts, etc.) If there is a question about whether or not a permit is necessar please call 509-543,5726. 2. Dust control ismandatory for all grading and excavating activity in Pasco. All graded and excavated sites must be treated for dust control at the end of each workday until automatic sprinklers or permanent groun&caver is installed. Weekend and holiday dust control is required. No work or inspections are: permitted on sites without adequate dust control inplace. 3. No construction or equipment noise in residential areas before 7:OOAM. 4. Building permits must be posted on the front of the home or property and be visible and accessible to the inspector. Agreement #8572 POLE ATTACHMENT LICENSE AGREEMENT THE POWER IS YOURS This Pole Attachment License Agreement (the "Agreement") dated this 3"� day of,4_, 2014 is made by and between Public Utility District No. 1 of Franklin County (hereinafter referred to as "Utility"), a municipal corporation organized under the laws of the State of Washington, and Fatbeam. LLC (hereinafter referred to as "Licensee"). Recitals A. Whereas, Licensee proposes to install and maintain Communications Facilities and associated communications equipment on Poles to provide Communications Services to the public; and B. Whereas, Utility is willing, when it may lawfully do so, to issue one or more Permits authorizing the placement or installation of Licensee's Attachments on Poles, provided that Utility may refuse, on a nondiscriminatory basis, to issue a Permit where there is insufficient Capacity or for reasons relating to safety, reliability, generally applicable engineering purposes and/or any other Applicable Code; and now C. Therefore, in consideration of the mutual covenants, terms and conditions and remunerations herein provided, and the rights and obligations created hereunder, the parties hereto agree as set out below. Page 1 of 32