HomeMy WebLinkAbout2015.03.16 Council Meeting PacketAGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. March 16, 2015
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance
3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by
the City Council and will be enacted by roll call vote as one motion (in the form listed below).
There will be no separate discussion of these items. If further discussion is desired by
Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular
Agenda and considered separately.
(a) Approval of Minutes:
1. Minutes of the Pasco City Council Meeting dated March 2, 2015.
(b) Bills and Communications: (A detailed listing of claims is available for review in the
Finance Manager's office.)
1. To approve claims in the total amount of $2,221,109.60.
2. To approve bad debt write-offs for utility billing, ambulance, cemetery, general
accounts, miscellaneous accounts, and Municipal Court (non -criminal, criminal, and
parking) accounts receivable in the total amount of $243,733.31 and, of that amount,
authorize $169,466.65 be turned over for collection.
(c) 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.
To approve the Tourism Reserve Balance request for the Tourism Promotion Area in the
amount of $241,945.
(d) 2014 Fire Department Performance Report:
1. 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.
To accept the Pasco Fire Department 2014 Performance Report.
(e) Meter Reading Contract:
1. Agenda Report from Eva Lindgren, Deputy Administrative & Community Services
Director dated March 3, 2015.
2. Meter Reading Contract — Meter Reading and Related Services Contract.
To approve the contract for meter reading services with Columbia Meter Reading, Inc.,
and, further, authorize the Mayor to execute the contract documents.
(f) I Utility Easement: Lots 6 & 7, Columbia East #2 (MF #ESMT2015-002):
1. Agenda Report from Dave McDonald, City Planner dated March 9, 2015.
2. Utility Easement, Lots 6 & 7, Columbia East #2 — Overview Map.
3. Utility Easement, Lots 6 & 7, Columbia East #2 — Vicinity Map.
4. Utility Easement, Lots 6 & 7, Columbia East #2 — Easement.
To accept the Utility Easement from the owners of Jim's Pacific Garage for Lots 6 & 7,
Columbia East #2.
(g) Resolution No. 3624, a Resolution amending Resolution No. 3552, Council Goal No. 4
"Senior Center."
1. Agenda Report from Rick Terway, Administrative & Community Services Director
dated March 2, 2105.
2. Senior Center Council Goal — Resolution No. 3552, Council Goals for 2014-2015.
3. Senior Center Council Goal — Proposed Resolution.
To approve Resolution No. 3624, amending Resolution No. 3552, Council Goal No. 4,
regarding the Pasco Senior Center.
Regular Meeting 2 March 16, 2015
(h) I Resolution No. 3625, a Resolution accepting work performed by C&E Trenching, LLC
under contract for the Road 40 East Storm Drainage Project.
1. Agenda Report from Kent McCue, Construction Manager dated March 4, 2015.
2. Road 40 East Storm Drainage - Vicinity Map.
3. Road 40 East Storm Drainage - Resolution.
To approve Resolution No. 3625, accepting the work performed by C&E Trenching, LLC
under contract for the Road 40 East Storm Drainage Project.
(i) ' Resolution No. 3626, a Resolution accepting work performed by Sierra Electric, Inc.,
under contract for the School Zone Safety Improvements Project.
1. Agenda Report from Kent McCue, Construction Manager dated March 6, 2015.
2. School Zone Safety Improvements - Vicinity Map.
3. School Zone Safety hnprovements - Resolution.
To approve Resolution No. 3626, accepting the work performed by Sierra Electric, Inc.,
under contract for the School Zone Safety Improvements Project.
(j) ' Resolution No. 3627, a Resolution accepting work performed by Sierra Electric, Inc.,
under contract for the School Zone Flashing Beacons Upgrade Project.
1. Agenda Report from Kent McCue, Construction Manager dated March 6, 2015.
2. School Zone Flashing Beacons - Vicinity Map.
3. School Zone Flashing Beacons - Resolution.
To approve Resolution No. 3627, accepting the work performed by Sierra Electric, Inc.,
under contract for the School Zone Flashing Beacons Upgrade Project.
(k) ' Resolution No. 3628, a Resolution fixing the time and date for a public hearing to
consider vacating a portion of North Commercial Avenue located in Binding Site Plan
2014-01.
1. Agenda Report from Dave McDonald, City Planner dated March 10, 2015.
2. Street Vacation, Portion of Commercial Avenue - Overview Map.
3. Street Vacation, Portion of Commercial Avenue - Vicinity Map.
4. Street Vacation, Portion of Commercial Avenue - Proposed Resolution.
5. Street Vacation, Portion of Commercial Avenue - Petition.
To approve Resolution No. 3628, setting 7:00 pm, Monday, April 20, 2015 as the time and
date to conduct a public hearing to consider vacating a portion of Commercial Avenue.
(RC) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a) I Found Property - Japanese Yen:
1. Agenda Report from Stan Strebel, Deputy City Manager dated March 11, 2015.
2. Found Property - Appraisal.
3. Found Property - Claim.
4. Found Property - Property Deed.
To present 695 Japanese Yen bills to the Yamauchi family in attendance: Brenda Kupfer,
Gail Pittman, Bruce Yamauchi, Linda Adkinson and Roy Satoh.
5. VISITORS - OTHER THAN AGENDA ITEMS:
(a)
(b)
(c)
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers
(b)
(c)
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
(a) 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.
Regular Meeting 3 March 16, 2015
CONDUCT A PUBLIC HEARING
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.
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,
authorize publication by summary only.
(b) I Easement Vacation Lot 7, Columbia East #2 (MF #VAC2015-004).
1. Agenda Report from Dave McDonald, City Planner dated March 9, 2015.
2. Easement Vacation, Lot 7, Columbia East #2 — Overview Map.
3. Easement Vacation, Lot 7, Columbia East #2 — Vicinity Map.
4. Easement Vacation, Lot 7, Columbia East #2 — Proposed Ordinance.
CONDUCT A PUBLIC HEARING
Ordinance No. an Ordinance vacating the Utility Easement on Lot 7, Columbia
East #2.
MOTION: I move to adopt Ordinance No. vacating the Utility Easement through
Lot 7, Columbia East #2 and, finther, authorize publication by summary only.
(c) I Street Vacation: Kurtzman Alley Vacation Plan (MF #VAC2015-003).
1. Agenda Report from Shane O'Neill, Planner I dated March 10, 2015.
2. Kurtzman Alley Vacation — Overview Map.
3. Kurtzman Alley Vacation — Vicinity Map.
4. Kurtzman Alley Vacation — Proposed Ordinance.
CONDUCT A PUBLIC HEARING
Ordinance No. , an Ordinance vacating north/south alleys in Kurtzman's First
Addition and Acre Park Addition.
MOTION: I move to adopt Ordinance No. , vacating several north/south alleys in
the Kurtzman's Addition and Acre Park neighborhoods and, further, authorize publication
by summary only.
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
(a) I Resolution No. , a Resolution approving the contract amendment for the
additional services provided for the Clarifier Project at the Wastewater Treatment Plant.
1. Agenda Report from Kent McCue, Construction Manager dated March 5, 2015.
2. Clarifier Project Contract Amendment — Resolution.
3. Clarifier Project Contract Amendment — Vicinity Map.
4. Clarifier Project Contract Amendment — Primary Clarifier Vicinity Map.
MOTION: I move to approve Resolution No. _, approving the contract amendment for
the additional services provided for the Clarifier Project at the Wastewater Treatment Plant.
9. UNFINISHED BUSINESS:
(None)
10. NEW BUSINESS:
(a) I Bargaining Unit Contract with Pasco Police Officers Association (PPOA) Uniform
Employees:
1. Agenda Report from Colleen Chapin, Human Resources Manager dated March 12,
2015.
2. PPOA, Uniform Employees — Proposed Collective Bargaining Agreement Addendum
for 2014-2015.
MOTION: I move to approve the Addendum to 2011-2013 Collective Bargaining
Agreement with the PPOA — Uniform Employees, for years 2014-2015 and, further,
authorize the City Manager to execute the agreement.
(b) I Bid Award: 2015 Micro -Surfacing, Project #M3 -OV -3R-15-03:
1. Agenda Report from Kent McCue, Construction Manager dated March 5, 2015.
2. 2015 Micro -Surfacing — Vicinity Map.
3. 2015 Micro -Surfacing — Bid Summary.
(RC) MOTION: I move to award the low bid for the 2015 Micro -Surfacing Project, to
include the Base Bid and Alternates 1 and 2, to Intermountain Slurry Seal, Inc. in the
amount of $365,242.00 and, further, authorize the City Manager to execute the contract
documents.
Regular Meeting 4 March 16, 2015
(c) I Bid Award: 2015 Overlays, Project #M3 -OV -3R-15-01:
1. Agenda Report from Kent McCue, Construction Manager dated March 5, 2015.
2. 2015 Overlays —Vicinity Maps.
3. 2015 Overlays — Bid Summary.
(RC) MOTION: I move to award the low bid for the 2015 Overlays Project, to include the
Base Bid and Alternates 1, 4 and 5, to Central Washington Asphalt, Inc., in the amount of
$588,440.50 and, further, authorize the City Manager to execute the contract documents.
11. MISCELLANEOUS COUNCIL DISCUSSION:
(a)
(b)
(c)
12. EXECUTIVE SESSION:
(a)
(b)
(c)
13. ADJOURNMENT.
rRoll Call Vote Required
Item not previously discussed
Quasi -Judicial Matter
MF# "Master File #......
1. 6:00 p.m., Monday, March 16, City Hall Conference Room #1 — LEOFF Disability Board Meeting.
(MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK).
2. 5:00 p.m., Tuesday, March 17, TRAC — TRAC Advisory Board Meeting. (MAYOR MATT
WATKINS and COUNCILMEMBER AL YENNEY)
3. 11:30 a.m., Friday, March 20 — Benton -Franklin Council of Governments Board Meeting.
(COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.)
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MARCH 2, 2015
CALL TO ORDER
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Rebecca Francik, Mike Garrison, Tom Larsen, Saul Martinez,
Matt Watkins, Robert Hoffmann and Al Yenney.
Staff present: Dave Zabell, City Manager; Lee Kerr, City Attorney; Rick White,
Community & Economic Development Director; Rick Terway, Administrative &
Community Services; Ahmad Qayoumi, Public Works Director; Bob Gear, Fire Chief and
Ken Roske, Police Captain.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
Approval of Minutes:
Minutes of the Pasco City Council Special Session dated February 13, 2015.
Minutes of the Pasco City Council Meeting dated February 17, 2015.
Minutes of the Pasco City Council Public Meeting dated February 23, 2015.
Bills and Communications:
To approve claims in the total amount of $2,136,282.51.
Purchase of Mobile and Portable 800MHz Radios:
To authorize the City Manager to purchase mobile and portable 800MHz radios in the
amount up to $370,000, utilizing the vendor's zero percent financing option.
MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison
seconded. Motion carried by unanimous Roll Call vote.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Mr. Garrison attended the Visit Tri City Board of Directors meeting and TRIDEC Board
Meeting.
d
Ms. Francik attended the Subgroup for the Public Facilities Group.
Mr. Yenney attended DPDA Pasco Cleanup along with high school participants.
Mayor Watkins reported while awaiting a plane at SEATAC Airport he had an opportunity
to visit with Pasco School Board Representatives.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Ordinance No. 4209, an Ordinance of the City of Pasco, Washington amending
Chapter 1.10 of the Pasco Municipal Code regarding Voting Districts.
Council and staff discussed the details of the proposed ordinance.
MOTION: Ms. Francik moved to adopt Ordinance No. 4209, revising City Council district
boundaries to comply with population limitations and, further, authorize publication by
summary only. Mr. Yenney seconded. Motion carried by the following Roll Call vote:
Yes — Watkins, Yenney, Francik, Garrison, Martinez, Hoffmann. No - Larsen
I 3(a).1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MARCH 2, 2015
Ordinance No.4210, an Ordinance of the City of Pasco, Washington amending the
zoning classification of property located in the 9500 block of Sandifur Parkway from
C-1 (Retail Business) to CR (Regional Commercial).
Council and staff discussed the details of the proposed ordinance.
MOTION: Ms. Francik moved to adopt Ordinance No. 4210, rezoning property located in
the 9500 block of Sandifur Parkway from C-1 to CR and, further, authorize publication by
summary only. Mr. Garrison seconded. Motion carried unanimously.
Ordinance No. 4211, an Ordinance of the City of Pasco, Washington amending the
zoning classification of property located in the 8800 and 8900 block of Sandifur
Parkway from C-1 (Retail Business) to R-1 (Low Density -Residential).
Council and staff discussed the details of the proposed ordinance.
MOTION: Ms. Francik moved to adopt Ordinance No. 4211, rezoning property located in
the 8800 block of Sandifur Parkway from C-1 to R-1: and, further, authorize publication by
summary only. Mr. Garrison seconded. Motion carried 6-1. No — Larsen.
Ordinance No. 4212, an Ordinance of the City of Pasco, amending Pasco Municipal
Code Sections 3.07.190, Stormwater Utility.
Council and staff discussed the details of the proposed ordinance.
MOTION: Ms. Francik moved to adopt Ordinance No. 4212, adjusting the stormwater
utility rates effective April 1, 2015 and, further, authorize publication by summary only.
Mr. Yenney seconded. Motion carried 5 — 2. No — Hoffinann and Larsen.
Resolution No. 3621, a Resolution accepting the Planning Commission's
recommendation and approving a special permit for the location of a Police
Community Services Building at 525 N. 3'd Avenue.
Council and staff discussed the details of the proposed resolution.
MOTION: Ms. Francik moved to approve Resolution No. 3621, approving the special
permit for the location of a Police Community Services Building at 525 N. 3rd Avenue as
recommended by the Planning Commission. Mr. Martinez seconded. Motion carried
unanimously.
Resolution No. 3622, a Resolution approving a preliminary plat for Broadmoor
Terrace.
Council and staff discussed the details of the proposed resolution
MOTION: Ms. Francik moved to approve Resolution No. 3622, approving the
Preliminary Plat for Broadmoor Terrace. Mr. Garrison seconded. Motion carried 6-1. No
— Larsen.
Resolution No. 3623, a Resolution, accepting the Planning Commission's
recommendation and approving a special permit for the location of a mini -storage
facility near the corner of Argent Road and Road 44.
Council and staff discussed the details of the proposed resolution
MOTION: Ms. Francik moved to approve Resolution No. 3623, approving a special
permit for the location of a mini -storage facility near the corner of Argent Road and Road
44 as recommended by the Planning Commission. Mr. Yenney seconded. Motion carried
unanimously.
2
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MARCH 2, 2015
NEW BUSINESS:
Consideration of Multi -Agency Three Rivers Information & Communication Services
(MATRICS) Interlocal Agreement:
Council and staff discussed the details of the proposed agreement.
MOTION: Ms. Francik moved to approve the Interlocal Agreement for the creation of the
Multi -Agency Three Rivers Information & Communication Services (MATRICS) with the
cities of Richland and Kennewick, and Benton and Franklin Counties. Mr. Martinez
seconded. Motion carried unanimously.
Broadmoor Area Development Professional Services Agreement:
Council and staff discussed the details of the proposed agreement.
MOTION: Ms. Francik moved to approve a Professional Services Agreement with
Hansen Design in the amount of $127,700 and, further, authorize the City Manager to sign
the Professional Services Agreement. Mr. Garrison seconded. Motion carried
unanimously.
Bid Award: 2015 Water Meter Relocations, Project #M7 -WT -2R-15-02:
Council and staff discussed the details of the proposed agreement.
Laurie Castellanos, 1814 W Octave St., inquired about back flow devices.
MOTION: Ms. Francik moved to award the low bid for the 2015 Water Meter
Relocations Project to Puget Sound Utility Services, Inc., in the amount of $100,485.41
and, further, authorize the City Manager to execute the contract documents. Mr. Garrison
seconded. Motion carried unanimous Roll Call vote.
Bid Award: 2014-2015 Chip Seal, Project #C5 -ST -3R-14-01:
Council and staff discussed the details of the proposed agreement.
MOTION: Ms. Francik moved to award the low bid for the 2014-2015 Chip Seal Project,
to include all areas, to Central Washington Asphalt, Inc., in the amount of $248,120.86 and,
further, authorize the City Manager to execute the contract documents. Mr. Martinez
seconded. Motion carried unanimous Roll Call vote.
MISCELLANEOUS DISCUSSION:
Frances Wilson, 725 W Bonneville, inquired about a statement the Mayor made earlier in
the meeting.
Jeremy Peterson, 1414 W 6th Avenue — Kennewick, read a statement regarding social
injustices.
Christine Tucker, 1212 W 10th Avenue — Kennewick, shared concerns about parks for
children on the eastside of Pasco.
Councilmembers reminded the public that all council meetings are broadcast online at the
City of Pasco webpage www.pasco-wa. ov.
EXECUTIVE SESSION:
Council adjourned to Executive Session at 8:13 p.m. for approximately 15 minutes to
discuss litigation or potential litigation with the City Manager and City Attorney.
Mayor Watkins called the meeting back to order at 8:26 p.m.
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MARCH 2, 2015
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:26 p.m.
APPROVED:
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
PASSED and APPROVED this 16th day of March, 2015.
CITY OF PASCO
Council Meeting of. March 16, 2015
Accounts Payable Approved
The Cly Council
City of Pasco. Franklin County, Washington
We, the undersigned, do hereby certify under penalty of pedury that the materials have been furnished, the
services rendered or the labor performed as described herein and that the claim is a just, due and unpaid
obligation against the city and that we are authorized to authenticate and certify to sai
N
Dave Zabell, Cly Manager ick I erway, A&CS i r
We, the undersigned City Councllmembers of the City Council of the Cly of Pasco, Franklin County, Washington, do hereby certify on this
16 day of March. 2015 that the merchandise or services hereinafter specified have been received and are approved for payment:
Claims Bank Payroll Bank Genl Bank Electronic Bank Combined
Check Numbers 202838.203042 47782-47813
900000106
Total Check Amount $891,051.58 $32,987.84 Total Checks $ 924,039.42
Electronic Transfer Numbers 804558:804624 30079246.30079724 121.126 125-129
804633-804635
804663
Total EFT Amount $478,098.70 $562,308.44 $76,800.94 $179,862.10 Total EFTS $ 1,297,070.18
Grand Total $ 2,221,109.60
Councilmember Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERALFUND
STREET
ARTERIAL STREET
STREET OVERLAY
C. D. BLOCK GRANT
HOME CONSORTIUM GRANT
NSP GRANT
KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI MODAL FACILITY
SCHOOL IMPACT FEE
SPECIAL ASSESSMNT LODGING
LITTER CONTROL
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
ECONOMIC DEVELOPMENT
STADIUM/CONVENTION CENTER
GENERAL CAP PROJ CONSTRUCTION
WATER/SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - OPERATING BUSINESS
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICALIDENTAL INSURANCE
FLEX
PAYROLL CLEARING
GRAND TOTAL ALL FUNDS:
0.00
1,797.86
20,240.17
8,350.73
0.00
52,538.35
290,393.72
21,045.93
12,999.12
43,992.99
64,617.00
167,243.65
13,228.28
958,137.19
S 2,221,109.60
3(b).1
AGENDA REPORT
FOR: City Council M/ DATE: March 11, 2015
TO: Dave Zabell, City Mana REGULAR: March 16, 2015
Rick Terway, Administrative & Comm ' is Director
FROM: Eva Lindgren, Administrative & Community
v Deputy Director
SUBJECT: BAD DEBT WRITE-OFFS/COLLECTION.
I. REFERENCE (S):
Write-off and collection lists are on file in the Finance Department.
H. ACTION REOUESTED OF COUNCHJSTAFF RECOMMENDATIONS:
MOTION: I move to approve bad debt write-offs for utility billing, ambulance, cemetery, general
accounts, miscellaneous accounts, and Municipal Court (non -criminal, criminal, and
parking) accounts receivable in the total amount of $243,733.31 and, of that amount,
authorize $169,466.65 be turned over for collection.
III. HISTORY AND FACTS BRIEF:
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs are under
$10 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for
collection exceed $10.00.
2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs
including DSHS and Medicare customers; the law requires that the City accept assignment in these
cases.
3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non -criminal and criminal fines, and
parking violations over 30 days past due.
4. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are
either un -collectable or have been assigned for collections because the property owner has not
complied or paid the fine. There are still liens in place on these amounts which will continue to be in
effect until the property is brought into compliance and the debt associated with these liens are paid.
5. CEMETERY — These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
6. GENERAL - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
3(b).2
Amount
Direct
Referred to
Total
Write-offs
Collection
Write-offs
Utility Billing
$
.00
.00
.00
Ambulance
$
74,266.66
11,223.65
85,490.31
Court A/R
$
.00
142,379.00
142,379.00
Code Enforcement
$
.00
15,864.00
15,864.00
Cemetery
$
.00
.00
.00
General
$
.00
.00
,00
Miscellaneous
$
.00
.00
.00
TOTAL:
$
74,266.66
169,466.65
243,733.31
3(b).2
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
FROM: Stan Strebel, Deputy City ManagaeW
SUBJECT: Tourism Reserve Balance Request
I. REFERENCE(S):
March 3, 2015
Workshop Mtg.: 3/9/15
Regular Mtg.: 3/16/15
1. Tourism Reserve Balance Request - Letter from Visit Tri -Cities
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
3/9: DISCUSSION
3/16: MOTION: I move to approve the Tourism Reserve Balance request for the Tourism
Promotion Area in the amount of $241,945.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
A) The Tourism Promotion Area (TPA) was formed in late 2004 to generate and administer
the proceeds of a "per room night assessment' on hotels/motels in the Tri -Cities,
imposed by the hotels themselves.
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 turn, distributes it
to the city in which it was collected. The city is obligated to pass the funds to the TPA,
for use in accordance with the approved budget.
B) The TPA Commission has voted unanimously to request an additional $241,945 in
special project expenditures for 2015 from the reserve account for the following:
Quick Response Fund................................................................................ $50,000
In -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 Meeting 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.
3(c)
.
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Visit TRI -CITIES
P.O. Box 2241
Tri -Cities, WA 99302-2241
Y I/sI����
509-735-8486
TRS -CITIES
1-800-254-5824
Fax 509-783-9005
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w .VisitTRI-CITIES.com
WASHINGTON
Info@VisirrRI-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 All March 4, 2015
TO: Dave Zabell, City
FROM: Robert W. Gear, F
SUBJECT: 2014 Fire Department Performance Report
I. REFERENCE(S):
Workshop Mtg.: 3/9/15
Regular Mtg.: 3/16/15
1. 2014 Fire Department Performance Report — Report
2. 2014 Fire Department Performance Report — RCW 35.103.010
II. 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 I 1 people numbers 4 less than the national standard of 15, which
is what is actually being dispatched to a working fire in Pasco.
3(d)
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
Y.
!trim
- T -O
F9
F` a nepa"t"" n
r
TABLE OF CONTENTS
MISSION STATEMENT:
DEPARTMENT INFORMATION: .... .................
FIRE DEPARTMENT FUNCTIONS: ..................
EMERGENCY RESPONSE SUMMARY: ............
DEPARTMENT ORGANIZATIONAL CHART:
STAFFING LEVELS AND DISTRIBUTION:
3
3
4
5
6
7
CITYCOUNCIL RESOLUTION: ............................................................................................................ 8-10
STANDARDS OF RESPONSE PERFORMANCE MEASUREMENTS: ...................................... 11-20
PREDICTABLERESULTS: ..................................................................................... ............................. 21-22
TRAVEL TIME COMPLIANCE MAP; .................................................. .................................................... 23
CALL DISTRIBUTION MAP: ...................................................................................................................... 24
PLANOF ACTION: ........................................................................................................................................ 2S
2014 RESULTS TABLE:
2
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,
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.
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
onse S
• Emergency Medical Responses:
• Structural Fire Responses:
• Mobile Property Fire Responses:
• Wildland Responses:
• Hazardous Materials Responses:
• Aircraft Responses:
• 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
201w+
3815
4238
4400
4341
4708
Includes all calls including mutual aid given, received and none received.
i.7
rtment 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 City 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" Sift 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:
RESOLUTION NO.%�
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 state law (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 withapplicable 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 5 day of February, 2006.
Joyce Iso Mayor
A
Joyce
Sandy Kenwtlikhy, Deputy City rlerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
12
.ASCO EIRE DEPARTMENT
RESPONSE STANDARDS
I. Mission Statement
The Pasco Fire Department's 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.
II. 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 turn 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 I" alarm response to a fire
suppression incident, which the department should meet 850/o 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.
F. 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 responseltravel 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 responseltravel time (after tumout) of six (6)
minutes for the arrival of the first 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 Processinl�
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. 90% of the dispatches were processed in 121 seconds or less.
900/h Call Proceccina Sernn`ic
20ao
2011
262
2013
20114
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 safety equipment 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.
900/n Turnout Time
201
2011
2012
2013
2014
2:44
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 uppression Response Time for first Arriving Enkqne
2016
2011
21012
2013
2014
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 ResDonse/Travel meeting 900% goal of 11 FirnfiahtPrc in 19 -nn .,,i....4®e
21010
2 011
21912
2813
2014
81.8%
78.95%
87.5%
670A 175%
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% Emereencv Medical BLS Travel Time
2018
2011
2112
201
2014
6:10
5:07
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.
900/n Emerpencv Medirnl AI.0 Trnvnl Timm
2616
.20 la
2+013
21414
6:11
6:03
6:01
5:54
5:57
16
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
Mile.
2011
2012
2013
2�1�
4:44
9:00
5:58
5:p81
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
2011Lii
2011
3
2D 14
7:23
6:51 JE]2EJE!4!49
0
M
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 FirL-. iohtinv Tnrnnnt nnri
2Li1
2011
2Oi2
20113
2014
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 Resnonse Time
216
1 2011
2012
— 2013
2:014
5:26
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 FM RESPONSE TRIES
® sox-iwxwm GWN
E= 70%-«rcexw+ OMM
OJ t6999i Utl Rsmft
7MM7MM�MM7ME
ERNI —w M
23
000
ERNI —w M
23
Call Distribution Map
OWN
PASCO FIRE DEPARTMENT
2014 TOTAL CALLS BY FM2
'SGLLS OX IESS
Q 36 -TS CALLS
T6-100 CPLS
® 10CG1150fl YOAE
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.
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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
Rick Terway, D'Bator A&CS
FROM Eva Lind gre puty 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
II. 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, Inc., and authorize the Mayor to sign
the contract documents.
III. 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 first 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 tum 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
3(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 lifting 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, inputing
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 tum -ons and turn-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 tum -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 tum -ons and tum -offs.
3. For after hours and emergency tum -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 tum -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.
7. 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 tum -ons and tum -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:
I. 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 20 1010 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 famish 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.
12. INDEMNITY.
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 fiuther 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 further 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 CONTRACT/TERMINATION.
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 party 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:
1. Per meter Read
2. Per tum -off or turn -on
and simultaneous turn -ons and tum -offs
3. Per non-scheduled after hours call outs
"After hours" means a turn -on or tum -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:
Old New
$4-.24 $1.23
$4.46 $4.35
$42.77 $43.63
" $7.27
$0.00
$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.
AGENDA REPORT
FOR: City Council March 9, 2015
TO: Dave Zabell, City Manager kk Regular Mtg.: 3/16/15
Rick White,
Community & Economic Development Director
FROM: David I. McDonald, City Plannet —.
SUBJECT: UTILITY EASEMENT: Lots 6 & 7 Columbia East # 2 (MF # ESMT 2015-002)
I. REFERENCE(S):
1. Utility Easement, Lots 6 & 7, Columbia East # 2 - Overview Map
2. Utility Easement, Lots 6 & 7, Columbia East # 2 - Vicinity Map
3. Utility Easement, Lots 6 & 7, Columbia East # 2 - Easement
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
3/16: MOTION: I move to accept the utility easement from the owners of Jim's
Pacific Garage for Lots 6 and 7, Columbia East # 2.
III. FISCAL IMPACT
None
IV. HISTORY AND FACTS BRIEF:
A. The owners of Jim's Pacific Garage are in the process of making improvements to
their property at 2897 N. Commercial Avenue (Lots 6 and 7, Columbia East #2).
The location of a utility easement has prohibited the issuance of a building permit
for the improvement project.
B. The owners of Jim's Pacific Garage have petitioned for the vacation of the
easement that limits their construction project. Simultaneously they have also
provided an alternate easement to replace the one proposed to be vacated.
C. By accepting the new easement the public interest and need for an easement
across Lots 6 and 7, Columbia East # 2 will be preserved and the construction
project can move forward.
3(f)
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After Recordine, Return To:
City of Pasco, Washington
Attn: City Planner
525 North 3rd
Pasco, WA 99301
UTILITY EASEMENT
Tax Parcel No. 113280165
Lot 6 and 7, Columbia East #2
THEGRANTOR(S), JAMES R & ESTHER REHWALT, by
donation dedicates, conveys and hereby grants to the GRANTEE, THE
CITY OF PASCO, a Municipal Corporation of the State of Washington,
a utility easement, over across and upon the property described in Exhibit
"A" and depicted in Exhibit `B" attached hereto.
DATED this (o day of, 2015.
STATE OF WASHINGTON )
ss.
County of Franklin )
On this 01 day of � 2015, before me, the
ndersigned, duly comm'i iof ed � swol�eWnally appeared
)
� s > >� ttm kky to a to be individual(s)
described above and who ex� the within and foregoing instrument as
owner(s) of record, and acknowledged to me that he/she/they signed the same as
his/her/their free and voluntary act and deed, for the uses and purposes therein
mentioned, and on oath stated that he/she/they is/are authorized to execute the
said instrument.
GIVEN under by hand and official seal i
_ Print Name: c
OTARY PUBI
Notary Publicesiding at:
State of Wabinon y Commission
JOSE A RAWREZ
My Appoilnment Eapim May 21, 2018
day of12015.
IS -6d for eState of ineton
January 21, 2015
4922SK1.dwg
SEWER EASEMENT
Exhibit 'A'
STRATTON SURVEYING & MAPPING, PC
7525 W. DESCHUTES PL. UNIT 1C
KENNEWICK, WA 99336
PHONE: (509) 735-7364
(800)730-7364
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AN EASEMENT BEING 20.00 FEET WIDE AND AFFECTING LOTS 6 AND 7,
COLUMBIA EAST 2, RECORDED IN VOLUME D OF PLATS AT PAGE 49,
RECORDS OF FRANKLIN COUNTY, WASHINGTON, LYING 10.00 FEET ON
EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE SOUTHEAST CORNER OF ABOVE SAID LOT 7, WHICH
BEARS NORTH 66029'08° EAST 444.56 FEET FROM THE SOUTHWEST
CORNER OF SAID LOT; THENCE NORTH 86°46'19" WEST 456.32 FEET TO
THE NORTHWEST CORNER OF SAID LOT AND THE TERMINUS OF SAID
CENTERLINE.
SIDELINES TO BE LENGTHENED OR SHORTENED TO TERMINATE AT THE
BOUNDARIES OF ABOVE SAID LOTS.
SEE EXHIBIT
TOGETHER WITH AND SUBJECT TO EASEMENTS, RESERVATIONS, COVENANTS
AND RESTRICTIONS OF RECORD AND IN VIEW.
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AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
FROM: Rick Terway, Director, Administrative & C041tyJServices
SUBJECT: Senior Center Council Goal
L 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
H. 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 gown 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. ------- ��
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):
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 1-182 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 corner 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 Goats — 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 10`h and 5`h 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:
o
Debra Clark, City Clerk
mo
Leland B. Kerr, City Attorney
Primary Goals - 2014-2015
Page 5
RESOLUTION NO. SP;
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:mine. The large size of the facility and its declining use has
beeeme an ameeessafy drain en the City's reseumes 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 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 NO. 12
FOR: City Council March 4 2015
TO: Dave Zabell, City Manager
Ahmad Qayoumi, Public Works Director 1
FROM: Kent McCue, Construction Manager J UM Regular Mtg.: 3/16/15
SUBJECT: Accept Road 40 East Storm Drainage
I. REFERENCE(S):
1. Road 40 East Storm Drainage — Vicinity Map
2. Road 40 East Storm Drainage — Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
03/16: MOTION: I move to approve Resolution No.(34 ;2r accepting the
work performed by C&E Trenching, LLC, under contract for the
Road 40 East Storm Drainage project.
III. FISCAL IMPACT:
Stormwater Rates
IV. HISTORY AND FACTS BRIEF:
A) On September 2, 2014, Council awarded the Road 40 East Storm Drainage project
to C&E Trenching, LLC for $61,215.18.
V. DISCUSSION:
A) The project involved the installation of gravel V -ditches, concrete lined ditches,
an 8" and 12" storm sewer and an infiltration trench. The project was
implemented to eliminate the severe erosion on the eastern side of Road 40 East
north of Sacajawea Park Road, and ponding at the intersection being caused by
quick flowing storm water.
B) The final project construction contract totaled $85,520.24, an increase of
approximately 29%. The overage was partially due to the in-kind replacement of
the paved apron discovered under the graveled area where the infiltration trench
was constructed, and unknown utility conflicts. Additional overages were
incurred when the newly constructed gravel ditches were severely damaged by
local residents who began driving and parking in the ditch line while waiting for
the school bus. The damaged gravel ditches were repaired with concrete and
quarry spall rock, which provides erosion protection and discourages future ditch
driving/parking activities.
C) The work is now complete and staff recommends City Council acceptance of this
work.
3(h)
VICINITY MAP
ROAD 40 EAST STORM DRAINAGE
RESOLUTION NO.o?S
A RESOLUTION ACCEPTING WORK PERFORMED BY C&E TRENCHING, LLC,
UNDER CONTRACT FOR THE ROAD 40 EAST STORM DRAINAGE PROJECT.
WHEREAS, the work performed by C&E Trenching, LLC, under contract for the Road
40 East Storm Drainage project has been examined by Engineering and has been found to be in
apparent compliance with the applicable project specifications and drawings, and
WHEREAS, it is Engineering's recommendation that the City of Pasco formally accept
the contractor's work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the
City Council concurs with Engineering's recommendation and thereby accepts the work
performed by C&E Trenching, LLC, under contract for the Road 40 East Storm Drainage
project, as being completed in apparent conformance with the project specifications and
drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Public Works Director and Finance Manager.
PASSED by the City Council of the City of Pasco this 16th day of March, 2015.
Matt Watkins
Mayor
ATTEST:
APPROVED AS TO FORM:
Debra L. Clark Leland B. Kerr
City Clerk City Attorney
AGENDA REPORT NO. 13
FOR: City Council March 6, 2015
TO: Dave Zabell, City Manager
Ahmad Qayoumi, Public Works erector
FROM: Kent McCue, Construction Manager 14M Regular Mtg.: 3/16/15
SUBJECT: Accept School Zone Safety Improvements
I. REFERENCE(S):
1. School Zone Safety Improvements — Vicinity Map
2. School Zone Safety Improvements — Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
03/16: MOTION: I move to approve Resolution No. '56;; (a accepting the
work performed by Sierra Electric, Inc., under contract for the
School Zone Safety Improvements project.
III. FISCAL IMPACT:
Street Funds - $59,227.67
Pasco School District Committed to Reimbursement (2/3 of the cost for Flashing Beacons
At 20th & Pearl) - $25,039.33
IV. HISTORY AND FACTS BRIEF:
A) On July 21, 2014, Council awarded the School Zone Safety Improvements project
to Sierra Electric, Inc. for $79,223.00.
B) In 2013, the City had received Safe Routes to School grants to improve the
crossing at Sylvester Street and other locations. The improvements were very
positive. Staff evaluated a couple of other locations that would benefit from the
improvements. However, the grant funds were exhausted at other projects.
C) Staff entered into discussion of partnership with Pasco School District to share the
cost. The School District agreed to participate for the Pearl and 20th intersection
as this location is another high student crossing.
V. DISCUSSION:
A) The project involved the installation of Rectangular Rapid Flashing Beacons at
two locations, as well as the installation of four other school zone flashing
beacons and associated signage.
B) The final project construction contract totaled $84,267.00, an increase of
approximately 6%. The overage came as a result of additional materials needed
to connect the flashing beacons at 2e and Pearl, and unused solar power
equipment. Franklin PUD required each of the beacons to be connected
separately instead of tying into the existing street light circuits as originally
designed; and when initially installing the clock and modem for the flashing
beacon on 22°d south of Court Street, the contractor was unable to find a power
source to access. For cost effectiveness, the City approved the purchase of solar
power equipment. Upon installation of the equipment, live power was found to
the sign for the clock and modem. The solar equipment will be used in future
project(s).
C) The work is now complete and staff recommends City Council's acceptance of
this work.
3(i)
RESOLUTION NO. 3�a�
A RESOLUTION ACCEPTING WORK PERFORMED BY SIERRA ELECTRIC,
INC., UNDER CONTRACT FOR THE SCHOOL ZONE SAFETY IMPROVEMENTS
PROJECT.
WHEREAS, the work performed by Sierra Electric, Inc., under contract for the School
Zone Safety Improvements project has been examined by Engineering and has been found to be
in apparent compliance with the applicable project specifications and drawings, and
WHEREAS, it is Engineering's recommendation that the City of Pasco formally accept
the contractor's work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the
City Council concurs with Engineering's recommendation and thereby accepts the work
performed by Sierra Electric, Inc., under contract for the School Zone Safety Improvements
project, as being completed in apparent conformance with the project specifications and
drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Public Works Director and Finance Manager.
PASSED by the City Council of the City of Pasco this 16th day of March, 2015.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
AGENDA REPORT NO. 14
FOR: City Council (j
TO: Dave Zabell, City Manager's V
Ahmad Qayoumi, Public Works Director
FROM: Kent McCue, Construction Manager 01
SUBJECT: Accept School Zone Flashing Beacons Upgrade
I. REFERENCE(S):
1. School Zone Flashing Beacons — Vicinity Map
2. School Zone Flashing Beacons — Resolution
March 6, 2015
Regular Mtg.: 3/16/15
H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
03/16: MOTION: I move to approve Resolution No. Z 10 al accepting the
work performed by Sierra Electric, Inc., under contract for the
School Zone Flashing Beacons Upgrade project.
III. FISCAL IMPACT:
Street Funds - $32,688.00
Pasco School District Committed to Reimbursement (50%) - $16,344.00
IV. HISTORY AND FACTS BRIEF:
A) On July 21, 2014, Council awarded the School Zone Flashing Beacons Upgrade
project to Sierra Electric, Inc. for $25,656.00.
V. DISCUSSION:
A) The project involved the removal of existing flashing beacon controllers and the
installation and programming of AP -22 Time Switches, and TSC2G M2M
Cellular Communications Modems, and other related work.
B) The final project construction contract totaled $32,688.00, an increase of
approximately 22%. The overage was due to four additional beacons being added
for the new Franklin Elementary School. The additional cost is also being
absorbed into the previously agreed upon 50% funding of the project by the Pasco
School District.
C) The work is now complete and staff recommends City Council acceptance of this
work.
3(j)
SCHOOL ZONE FLASHING BEACONS
URBAN (;R0 I "NJWY
VICINITY
SCALE: NONE
'PASCO
RESOLUTION NO.
A RESOLUTION ACCEPTING WORK PERFORMED BY SIERRA ELECTRIC,
INC., UNDER CONTRACT FOR THE SCHOOL ZONE FLASHING BEACONS UPGRADE
PROJECT.
WHEREAS, the work performed by Sierra Electric, Inc., under contract for the School
Zone Flashing Beacons Upgrade project has been examined by Engineering and has been found
to be in apparent compliance with the applicable project specifications and drawings, and
WHEREAS, it is Engineering's recommendation that the City of Pasco formally accept
the contractor's work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the
City Council concurs with Engineering's recommendation and thereby accepts the work
performed by Sierra Electric, Inc., under contract for the School Zone Flashing Beacons Upgrade
project, as being completed in apparent conformance with the project specifications and
drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Public Works Director and Finance Manager.
PASSED by the City Council of the City of Pasco this 16th day of March, 2015.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
AGENDA REPORT
FOR: City Council March 10, 2015
TO: Dave Zabell, City Manager Regular Mtg.: 3/16/15
Rick White,
Community & Economic Development Director
FROM: David I. McDonald, City Pl�
SUBJECT: STREET VACATION: Portion of Commercial Avenue (MF# VAC 2015-005)
I. REFERENCE(S):
1. Street Vacation, Portion of Commercial Avenue - Overview Map
2. Street Vacation, Portion of Commercial Avenue - Vicinity Map
3. Street Vacation, Portion of Commercial Avenue - Proposed Resolution
4. Street Vacation, Portion of Commercial Avenue - Petition
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
3/16: MOTION: I move to approve Resolution No.a.Pa g, setting 7:00
P.M., Monday, April 20, 2015, as the time and date to conduct
a public hearing to consider vacating a portion of Commercial
Avenue.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. In 2014 the Fifties LLC, the owner of Lot 2, Binding Site Plan 2014-01 (600
Block of N commercial Ave.) was endeavoring to realign Commercial Avenue to
better utilize a parcel of land between Commercial Avenue and SR 12. To that
end a portion of right-of-way was dedicated to effectuate the realignment.
B. Fifties LLC has now developed an alternate plan for providing access through
Binding Site Plan 2014-01 and is seeking to vacate the portion of right-of-way
dedicated for the realignment of Commercial Avenue.
C. The petition requires the City Council to fix a public hearing to consider the
vacation request. The earliest regular City Council meeting available for a public
hearing, which provides the statutory 20 -day hearing notice, is April 20, 2015.
3(k)
RESOLUTION NO. ,3&;�g
A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC
HEARING TO CONSIDER VACATING A PORTION OF NORTH
COMMERICAL AVENUE LOCATED IN BINDING SITE PLAN 2014-01
WHEREAS, from time to time in response to petitions or in cases where it serves the
general interest of the City, the City Council may vacate easements and rights-of-way; and
WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by
Resolution, NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That a public hearing to consider vacating the That certain parcel of land being a portion of Lot 1
of Binding Site Plan 2013-04, located in a portion of the Northwest Quarter of Section 27 and in
a portion of the Southwest Quarter of Section 22, Township 9 North, Range 30 East, Willamette
Meridian, Franklin County, Washington described as follows;
Beginning at the Northwest comer of said Section 27; Thence North 89°20'33" East along the
North line of said Section 27, 797.38 feet; Thence South 00°39'27" East, 119.34 feet to the
Easterly Right -of -Way line of Commercial Ave and being the TRUE POINT OF BEGINNING;
Thence along the arc of a 805.00 foot radius non -tangent curve to the left, the long chord
of which bears South 25°29'54" East for a chord distance of 4.55 feet through a central
angle of 00°19'27" for an arc distance of 4.55 feet to the Southerly line of said Lot;
Thence North 89°19'15" East along said Southerly line, 89.34 feet; Thence along the arc
of a 725.00 foot radius non -tangent curve to the right, the long chord of which bears
North 22°45'26" West for a chord distance of 148.70 feet through a central angle of
11°46'21" for an arc distance of 148.96 feet; Thence North 16°52'16" West, 21.64 feet;
Thence along the arc of a 575.00 foot radius non -tangent curve to the right, the long
chord of which bears South 10'04'19" West for a chord distance of 157.20 feet through a
central angle of 15°42'50" for an arc distance of 157.70 feet to the TRUE POINT OF
BEGINNING;
Together with the following described property;
That certain parcel of land being a portion of Lot 2 of Binding Site Plan 2014-01, located in a
portion of the Northwest Quarter of Section 27 and in a portion of the Southwest Quarter of
Section 22, Township 9 North, Range 30 East, Willamette Meridian, Franklin County,
Washington described as follows;
Beginning at the Northwest corner of said Section 27; Thence North 89020'33" East along the
North line of said Section 27, 797.38 feet; Thence South 00°39'27" East, 119.34 feet to the
Easterly Right -of -Way line of Commercial Ave; Thence along the arc of a 805.00 foot radius
non -tangent curve to the left, the long chord of which bears South 25°29'54" East for a chord
distance of 4.55 feet through a central angle of 00°19'27" for an arc distance of 4.55 feet to the
Northerly line of said Lot 2 and being the TRUE POINT OF BEGINNING;
Thence continuing along the arc of a 805.00 foot radius curve to the left, the long chord
of which bears South 27037'25" East for a chord distance of 55.16 feet through a central
angle of 03°55'36" for an arc distance of 55.17 feet; Thence along the arc of a 20.00 foot
radius curve to the right, the long chord of which bears South 13°19'40" West for a chord
distance of 27.24 feet through a central angle of 85049'46" for an arc distance of 29.96
feet; Thence South 56014'32" West, 104.48 feet to the Easterly Right -of -Way line of
Commercial Avenue; Thence South 32°01'39" West along said Right -of -Way line
146.17 feet;
Thence along said Right -of -Way line, along the arc of a 725.00 foot radius tangent curve
to the left, the long chord of which bears South 28°24'41" West for a chord distance of
91.45 feet through a central angle of 07°13'56" for an arc distance of 91.51 feet; Thence
along the arc of a 470.00 foot radius non -tangent curve to the right, the long chord of
which bears North 47°18'46" East for a chord distance of 145.91 feet through a central
angle of 17°51'33" for an arc distance of 146.50 feet; Thence North 56°14'32" East,
174.52 feet; Thence along the arc of a 20.00 foot radius tangent curve to the right, the
long chord of which bears South 80°50'35" East for a chord distance of 27.24 feet,
through a central angle of 85°49'46" for an arc distance of 29.96 feet; Thence along the
arc of a 805.00 foot radius reverse curve to the left, the long chord of which bears South
38°19'43" East for a chord distance of 11.25 feet through a central angle of 00°48'02"
for an arc distance of 11.25 feet; Thence North 51'16'16" East, 80.00 feet; Thence along
the arc of a 725.00 foot radius non -tangent curve to the right, the long chord of which
bears North 33'41'10" West for a chord distance of 127.45 feet through a central angle of
10°05'08" for an arc distance of 127.62 feet to the Northerly line of said Lot 2; Thence
South 89019'15" West along said Northerly line, 89.34 feet to the TRUE POINT OF
BEGINNING , will be held before the City Council of the City of Pasco in the Council
Chambers at 525 N. Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on
March 16, 2015. That the City Clerk of the City of Pasco give notice of said public
hearing as required by law.
Passed by the City Council of the City of Pasco this 16a' day of March, 2015.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark, City Clerk
2
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
1 ..
CITY OF PASCO
STREET/ALLEY VACATION PETITION
MASTER FILE it V L_2 jV 5�- Oli DATE SUBMITTED:
FEE $200
I, we the undersigned, owners of two-thirds of the privately owned abutting
property hereby petition the City Council of the City of Pasco to vacate the
following described street/allev,;m,*._ �...___.
Print Name: �M �.1� ,/F� r wvrr is 1 t 'J"ZD (Legal Description)
Sign Name: - �p_`�1-% �� e
Address: 9r22� `_— p6quO
Phone #/— Date i /s
Print Name:
Sign Name:a&�d�
Date ✓ 4(s'
Print Name:
Sign Name:
Date
Print Name:
Sign Name:
Date
Print Name:
Sign Name:
Date
Commercial Avenue Vacation Legal
Tom Kidwell & Fifties LLC
That certain parcel of land being a portion of Lot 1 of Binding Site Plan 2013-04, located in a
portion of the Northwest Quarter of Section 27 and in a portion of the Southwest Quarter of
Section 22, Township 9 North, Range 30 East, Willamette Meridian, Franklin County,
Washington described as follows;
Beginning at the Northwest comer of said Section 27; Thence North 89°20'33" East along the
North line of said Section 27, 797.38 feet; Thence South 00°39'27" East, 119.34 feet to the
Easterly Right -of -Way line of Commercial Ave and being the TRUE POINT OF BEGINNING;
Thence along the are of a 805.00 foot radius non -tangent curve to the left, the long chord
of which bears South 25029'54" East for a chord distance of 4.55 feet through a central
angle of 00°19'27" for an arc distance of 4.55 feet to the Southerly line of said Lot;
Thence North 89019'15" East along said Southerly line, 89.34 feet; Thence along the arc
of a 725.00 foot radius non -tangent curve to the right, the long chord of which bears
North 22°45'26" West for a chord distance of 148.70 feet through a central angle of
11°46'21" for an are distance of 148.96 feet; Thence North 16052'16" West, 21.64 feet;
Thence along the are of a 575.00 foot radius non -tangent curve to the right, the long
chord of which bears South 10'04'19" West for a chord distance of 157.20 feet through a
central angle of 15°42'50" for an arc distance of 157.70 feet to the TRUE POINT OF
BEGINNING;
Containing 6,182 square feet;
Together with the following described property;
That certain parcel of land being a portion of Lot 2 of Binding Site Plan 2014-01, located in a
portion of the Northwest Quarter of Section 27 and in a portion of the Southwest Quarter of
Section 22, Township 9 North, Range 30 East, Willamette Meridian, Franklin County,
Washington described as follows;
Beginning at the Northwest corner of said Section 27; Thence North 89°20'33" East along the
North line of said Section 27, 797.38 feet; Thence South 00°39'27" East, 119.34 feet to the
Easterly Right -of -Way line of Commercial Ave; Thence along the arc of a 805.00 foot radius
non -tangent curve to the left, the long chord of which bears South 25029'54" East for a chord
distance of 4.55 feet through a central angle of 00°19'27" for an are distance of 4.55 feet to the
Northerly line of said Lot 2 and being the TRUE POINT OF BEGINNING;
Thence continuing along the arc of a 805.00 foot radius curve to the left, the long chord
of which bears South 27°37'25" East for a chord distance of 55.16 feet through a central
angle of 03°55'36" for an are distance of 55.17 feet; Thence along the are of a 20.00 foot
radius curve to the right, the long chord of which bears South 13°19'40" West for a chord
distance of 27.24 feet through a central angle of 85°49'46" for an arc distance of 29.96
feet; Thence South 56°14'32" West, 104.48 feet to the Easterly Right -of -Way line of
Commercial Avenue; Thence South 32°01'39" West along said Right -of -Way line
146.17 feet;
Thence along said Right -of -Way line, along the are of a 725.00 foot radius tangent curve
to the left, the long chord of which bears South 28024'41" West for a chord distance of
91.45 feet through a central angle of 07°13'56" for an arc distance of 91.51 feet; Thence
along the arc of a 470.00 foot radius non -tangent curve to the right, the long chord of
which bears North 47°18'46" East for a chord distance of 145.91 feet through a central
angle of 17°51'33" for an arc distance of 146.50 feet; Thence North 56°14'32" East,
174.52 feet; Thence along the arc of a 20.00 foot radius tangent curve to the right, the
long chord of which bears South 80°50'35" East for a chord distance of 27.24 feet,
through a central angle of 85°49'46" for an are distance of 29.96 feet; Thence along the
arc of a 805.00 foot radius reverse curve to the left, the long chord of which bears South
38°19'43" East for a chord distance of 11.25 feet through a central angle of 00°48'02"
for an arc distance of 11.25 feet; Thence North 51°16'16" East, 80.00 feet; Thence along
the arc of a 725.00 foot radius non -tangent curve to the right, the long chord of which
bears North 33°41' 10" West for a chord distance of 127.45 feet through a central angle of
10°05'08" for an arc distance of 127.62 feet to the Northerly line of said Lot 2; Thence
South 89019115" West along said Northerly line, 89.34 feet to the TRUE POINT OF
BEGINNING;
Containing 30,142 square feet;
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager it
FROM: Stan Strebel, Deputy City Manager.;:�A
SUBJECT: Found Property — Japanese Yen
I. REFERENCE(S):
1. Found Property — Appraisal
2. Found Property — Claim
3. Found Property — Property Deed
March 11, 2015
Regular Mtg.: 3/16/15
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
3/16: Present 695 Japanese Yen bills to the Yamauchi family in attendance: Brenda
Kupfer, Gail Pittman, Bruce Yamauchi, Linda Adkinson and Roy Satoh.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
A) During demolition of a building acquired for construction of the Lewis Street
overpass, a significant quantity of Japanese paper money was found in the basement
of a building.
B) Pursuant to law, the City acquired an appraisal of the property and provided notice of
the discovery of the personal property, inviting prospective claimants to file any
claims with the City Clerk.
C) Only one claim was received (attached), from the Yamauchi family. Mr. Harry
Yamauchi, the grandfather of the claimants, came to Pasco in 1906. Mr. Charles
Yamauchi, son of Harry Yamauchi, purchased the building in which the money was
found in 1937.
D) Having completed the legal process for the identification of the owner of the property,
staff recommends that the Council present the Japanese Yen to the Yamauchi family
members in attendance at the meeting.
4(a)
THE COIN CRADLE
2810 W. Kennewick Ave.
KENNEWICK, WA 99336
(509) 735-1507 Fax (509) 783-8042
C'l/ fi2R
81771 J`tan� om�
cirri' or
PASCO
���uIIIIIIII������illillluluu,��
Claim for Damages Form
Date Received from Claimant
Claimant Information
Claimant's
Current residential
Return To:
City of Pasco
City Clerk's Office
525 N 3r° Ave PO Box 293
Pasco WA 99301
Ph: 509-544-3096
RECEIVED
DEC 151014
PASCO CITY CLERK
of Birth:
&5clf-) &ek rr f -3W
Mailing address (if different) ---e-0, 62K t e42 --PA:Scf% (i44ft2,J A
Residential address at the time of the incident (if different from current address):
Claimant's daytime phone number (work home or cell) d46U4 5'S'/- 5re eli) a
Claimant's email
Incident information
Date of the incident: / i Time: am/pm
v
If the incident occurred over a period of time, date of first and last occurrences:
Location of incident: _,_/ W / _LcJlS /D/ d% /=l/LSi�
Name, addresses and telephone numbers of all persons involved in or witness to this incident:
Name of all of our employees having knowledge of this
Name, addresses and telephone numbers of all individuals not already identified above that have knowledge
regarding the issues involved in this Incident or knowledge of the claimant's resulting damages. Please include
a brief description as to the nature and extent of each person's knowledge. Attach additional sheets if
necessary.
111111111111111p1l Jig
Claim for Damages 3/4 7/2014
RECEIVED
DEC 15 2014
RASCO CITY CLERK
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DEED RECORD NW 56 505
w616 PMlgQ.IM C!D11N1Y;;tlY�14lIMl.ATON
.. WAMOTY -DEED -
The Grantors P S DezUth and Dells Dea.:tw _1s e1re of Sea Vice, C__ _y or Pacific.
State of Washington ear -and 'in Consideration of Five Thousand Dollars (a5000.00) Dollars,)
In hand paid, convey and Mrrant totheGrantee Charles S. Yamouchi, an unmerdad man, Ijl
the folio u., described real estate, Situated in a Caun-y of Fran..lin, State of '
.I aashinetoq
The East thirty-five and ano half feet (35p) of Lot Sixteen (185 in Black Thirteen
(13) of :lorthoru Pacific uailway Coapony.S Plat of Che City of Pcscc, subject to a party I
hall iatoreat in the sell on the best side'or theSaidproperty, heretofore conveyed to
tine owaor of the adjacent- property.
Subject to
Dated this 12th day of June, 1937.
- - .
Conven¢nce Stamps 15.00 S. w. Doyuth(SEAL)
Documentary Stamps-j:i.00 Della Delfuth (S")
® STATS of.wMiNGTUd, ) ,
as.
County of Pacific )
1, the undersigned, a Notary public in and for the above-named :aunty end State,
do•hereby card Fy that on this 12th day of Juno, 1957, persunally appeared Lefore me
9. IV. 0or:uth and Delia DeUuth his 'eife to me'knorn to be the indiwl duals described in
and oho executed the rithin instrument,., and acimuwledr;ed that they 316acd and sealed the
same as their free and YGlunt¢ act and deed, for the uses and purposes therein
mentioned. a
Given under my hand and offtciupl'SoulA he day end year last
tonW. aesmmr, above nrl sten.
)ni' .
•1 NCV[A
PUBuC Botary Public for State of nnnhlneton,
residing -at Long Beach'
Filed, foorr'jrecord.Feb. 24, 1943 at 9:10 6,D. -by Charles. S. Ypmeunni, Passe, wHSh.-
Louise S. Lewis, County Auditor
PrtaGl.rV�JI! �.
• cot Mims -Y DT Fee S.65
tmp awwW......
18
1
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):
II.
IV.
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
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.
FISCAL IMPACT:
N/A
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:
1. 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;
7(a)
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 16th 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 16"' day of March, 2015.
Matt Watkins, Mayor
ATTEST:
Debbie Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
FILED 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 fords 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 furnish 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 pen -nits 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
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 furnish 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 Em loyment 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.
F. 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.
I. Entire Agreement. 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 12015.
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,
��c-r G�enr , 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.
STATE OF IDAHO )
County of Lcx�
Notary Public in and for the State of Washington
Residing at
My Commission Expires
ss
On this day personally appeared before me 4nw�- �b2v lin , 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 06 day of t uw L, 2015.
/C-
a ��-
Notary Public in and for the State of Idaho
�f�VLIN. i��. Residingat C.O&.cr J'A(et, 1l'�. 8391LI
My Commission Expires 1E W2-(
G
STATE
Franchise Agreement - Page 14
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2o65 w riverstone drive
suite 105
coeur d'alene, idaho 83814
t 509 3441008
f 509 3441009
21.11.14
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 2o26. 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(@fatbeam.com or phone at 509.344.1008.
Kind regards,
Kim Devlin
Accounts Coord./Office Manager
Fatbeam
iVOV 1 a 2014
'cream
2065 w riverstone drive
suite 105
coeur d'alene, idaho 83814
- 509 3441008
'5093441009
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@fabeam.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 insufficient detail to identify:
1. The location(s) of existing communications facilities or other
equipment upon City property, whether publicly or privately owned;
L 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;
L 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.
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.
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.
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STARES ®p
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Secretary ®f State
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
UBl: 603-029-258
UC. Given under my hand and the Sea] of the State
.::::
... of Washington at Olympia, the State Capital
T' am
m"l
Business Name:
Business License
FATBEAM LLC
GREG GREEN/SHAWN SWANBY
971 S CLEARWATER LOOP
POST FALLS ID 83854
525 N 3rd Ave
PO Box 293
Pasco, WA 99301
License Number
25242
Business Locationaype:
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. SAIL) 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
Comments:
BY J
Debra L. Clark, City Clerk
1. Building, permits are required in Pasco for all new buildings, residences, garages, additions, remodels, rehabilitations, fire and flood
damage repair, fences, sheds, carports, gazebos, decks, swimming pools, spas, hot 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 lotsandsurfaces, athletic; courts; etc.) If there is a question about whether or not a permit is necessar please call
509-543-5726.
2. Dust control is mandatory 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 ground. cover is installed. Weekend and holiday dust control is required. No
work or inspections ace: permitted on. sites without adequate: dust controlinplace.
3. No construction or equipment noise in residential areas before 7:OOAM.
4. Building permits must be posted on the front of the home onproperty and be visibleand accessible to the inspector.
A1,00 ag ��'
' G 'i400•JC
THE POWER IS YOURS
Agreement #8572
POLE ATTACHMENT LICENSE
AGREEMENT
This Pole Attachment License Agreement (the "Agreement") dated this 3 rd day of
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 I of 32
AGENDA REPORT
FOR: City Council March 9, 2015
TO: Dave Zabell, City Manager Regular Mtg.: 3/16/2015
Rick White,
Community & Economic Development Director/
FROM: David I. McDonald, City Plaunn
SUBJECT: EASEMENT VACATION Lot 7, Columbia East # 2 (MF# VAC 2015-004)
I. REFERENCE(S):
L Easement Vacation, Lot 7, Columbia East # 2 - Overview Map
2. Easement Vacation, Lot 7, Columbia East # 2 - Vicinity Map
3. Easement Vacation, Lot 7, Columbia East # 2 - Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Conduct Public Hearing:
3/16:. MOTION: I move to adopt Ordinance No. an ordinance
vacating the utility easement through Lot 7, Columbia East # 2,
and further, authorize publication by summary only.
III. FISCAL IMPACT:
NONE
L&V
V.
HISTORY AND FACTS BRIEF:
A. To assist with the construction of a storage building on his property at 2708 North
Commercial Avenue owner of Jim's Pacific Garage submitted a petition to initiate
the vacation of the easement encumbering the construction project.
B. The Council set March 16, 2015 as the date for a hearing to consider vacating the
easement.
DISCUSSION:
A. Late last year the owner of Jim's Pacific Garage applied for a building permit to
construct a large three sided shed on his property on North Commercial Avenue.
During the plan review process it was learned the property was encumbered by
two utility easements. One easement ran through the main Pacific Garage building
and the other easement was located along the western and southern edges of the
property and prohibited the issuance of a permit for the new building. On
February 2, 2015 the easement through the garage building was vacated by the
Council.
B. The second easement along the outer edges of the property could not be vacated
on February 2, 2015 because a replacement easement was needed. The owner has
now provided a replacement easement. The replacement easement is on the
Council Agenda for acceptance on March 16, 2015.
7(b)
m(3n"
w
WHEN RECORDED PLEASE RETURN TO:
City of Pasco
Attn: City Planner
525 North 3`d
Pasco, WA 99301
ORDINANCE NO.
AN ORDINANCE VACATING THE UTILITY EASEMENT ON LOT 7, COLUMBIA
EAST # 2.
WHEREAS, from time to time in response to petitions or in cases where it serves the
general interest of the City, the City Council may vacate right-of-way; and
WHEREAS, all steps and procedures required by law to vacate said right-of-way have
been duly taken and performed; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That the 20 -foot utility easement located along the westerly and southerly
margins of Lot 7, Columbia East # 2, as depicted in Exhibit "1" be and the same is hereby
vacated.
Section 2. This ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, this 16' day of March, 2015.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Ken, City Attorney
GoQy
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AGENDA REPORT
FOR: City Council March 10, 2015
TO: Dave Zabell, City Manager Regular Meeting.: 3/16/15
Rick White,
Community & Economic Development Director
FROM: Shane O'Neill, Planner I %-e)
SUBJECT: STREET VACATION: Kurtzman Alley Vacation Plan (MF# VAC 2015-003)
I. REFERENCE(S):
1. Kurtzman Alley Vacation - Overview Map
2. Kurtzman Alley Vacation - Vicinity Map
3. Kurtzman Alley Vacation - Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Conduct Public Hearing:
3/16: MOTION: I move to adopt Ordinance No. an ordinance
vacating several north/south alleys in the Kurtzman's
Addition and Acre Park neighborhoods, and further, authorize
publication by summary only.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. The Kurtzman's First Addition and Acre Park Addition neighborhoods were
platted in the early 1900's with 20 foot wide alleys, many of which were never
improved to provide access to the rear of properties. Many years ago portions of
the alleys north of Alton Street were vacated, leaving behind 10 foot wide alleys.
To address the issue of illegal refuse dumping Staff has developed a plan to
vacate some of the neighborhood alleys.
B. The Kurtzman neighborhood has been the location for a concerted effort by the
City to physically improve the public infrastructure. The Community
Development Block Grant program has funded the majority of LID's 146, 148
and 149 for street improvements and for the Kurtzman pool demolition and spray
park installation.
C. Staff has conducted two neighborhood meetings whereby affected property
owners were invited to discuss the proposed alley vacation. Comments received
during the meetings together with phone conversations with property owners
indicated general support of the plan to vacate certain alleys.
D. This item was the subject of a Council Workshop on February 23, 2015.
7(c)
Overview Item: Kurtzman Alley Vacation Plan
A4 Applicant: City of Pascow
ap File #:VAC 2015-003
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ViCinity Item: Kurtzman Alley Vacation Plan
Map Applicant: City of Pasco N
File #:VAC 2015-003
$T
'All
WHEN RECORDED PLEASE RETURN TO:
City of Pasco
Attn: City Planner
525 North 3'd
Pasco, WA 99301
ORDINANCE NO.
AN ORDINANCE VACATING NORTH/SOUTH ALLEYS IN KURTZMAN'S FIRST
ADDITION AND ACRE PARK ADDITION.
WHEREAS, from time to time in response to petitions or in cases where it serves the
general interest of the City, the City Council may vacate right-of-way; and
WHEREAS, all steps and procedures required by law to vacate said right-of-way have
been duly taken and performed; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That the north/south alleys of Blocks 1 and 2, Acre Park Addition; together
with the north/south alleys of Blocks 3, 5 and 12, Kurtzman's First Addition, as depicted
in Exhibit "1" be and the same is hereby vacated.
Section 2. This ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, this 16th day of March, 2015.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Exhibit Item: Kurtzman Alley Vacation Plan
1 Applicant: City of Pasco N
File #:VAC 2015-003
0'
31
AGENDA REPORT NO.6
FOR: City Council
TO: Dave Zabell, City Manager Pt
Ahmad Qayoumi, P.E., Public Works Director
March 5, 2015
FROM: Kent McCue, Construction Manager 40 Regular Mtg.: 03/16/2015
SUBJECT: Clarifier Project Contract Amendment for Additional Services
I. REFERENCE(S):
1. Clarifier Project Contract Amendment -Resolution
2. Clarifier Project Contract Amendment - Vicinity Map
3. Clarifier Project Contract Amendment -primary Clarifier Vicinity Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
03/16: MOTION: I move to approve Resolution No. approving the
contract amendment for the additional services provided for the
Clarifier project at the Wastewater Treatment Plant.
III. FISCAL IMPACT:
Sewer Rates
IV. HISTORY AND FACTS BRIEF:
A) In spring of 2014, the City Council adopted the City's Sanitary Sewer Master Plan. The
Plan identifies strategies and outlines the capital improvement to address current and
future needs. One of the high priority projects is construction of an additional primary
clarifier. The existing clarifiers are nearing design capacity. A third primary clarifier is
needed in order to meet the future growth within the system.
B) In May 2014, the City Council awarded a Professional Services Agreement to HDR in
the amount of $239,000 to complete the design of a primary clarifier and primary pump
room.
C) During design, additional and necessary improvements were identified which exceeded
the original scoping for the project.
D) Design of these needed changes requires a contract amendment for an additional
$59,000 in order to maintain the schedule for the work that was authorized.
E) Sufficient funds are available in the current budget to cover additional and necessary
design fees.
V. DISCUSSION:
A) Throughout the project design, operations staff provided input based on the
functionality of the additional clarifier and the pump room from an operations side.
These changes were included in the design and necessarily differed from the original
scope of work.
B) Major improvements to the WWTP were accomplished in 1996. Some of the additional
items discovered during design of the primary clarifier were to upgrade and update the
operating system, which has lived its useful life.
C) The added design of work resulted in scope of project drawings increasing from the 30
listed in the original scope of services to 54.
D) These changes also resulted in the number of specifications increasing from 121 to 128.
E) HDR is requesting a contract amendment of $59,000 for the additional design scope
items. The amendment would increase the original design fee from $238,980 to
$297,980. In the adopted Sanitary Sewer Master Plan this project was identified with
an estimated total construction cost of $3.9 million. The amended total design cost of
$297,980 is equivalent to approximately 7% of the cost of construction. As a reference,
preliminary engineering generally falls within a range of 8.5%-10% of construction.
F) Staff recommends approval.
8(a)
RESOLUTION NO.
A RESOLUTION APPROVING THE CONTRACT AMENDMENT FOR THE
ADDITIONAL SERVICES PROVIDED FOR THE CLARIFIER PROJECT AT THE
WASTEWATER TREATMENT PLANT.
WHEREAS, operations staffs input based on the functionality of the additional clarifier
and the pump room from an operations side has differed from the original scope of work, and
WHEREAS, these changes have resulted in additional design work and construction
drawings and specifications, and
WHEREAS, HDR has requested a contract amendment of $59,000 for the additional
design scope items.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO that the
City Council does hereby declare that the contract amendment for the additional services
provided for the Clarifier project at the Wastewater Treatment Plant is approved.
PASSED by the City Council of the City of Pasco this 16s' day of March, 2015.
Matt Watkins
Mayor
ATTEST:
APPROVED AS TO FORM:
Debra L. Clark Leland B. Kerr
City Clerk City Attorney
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AGENDA REPORT
FOR: City Council March 12, 2015
TO: Dave Zabell, Cit Manage
Qi �! Regular Mtg.: 3/16/15
FROM: Colleen Chapin, Human Resources Manager
SUBJECT: Bargaining Unit Contract with Pasco Police Officers Association (PPOA) Uniform
Employees
I. REFERENCE(S):
PPOA, Uniform Employees - Proposed Collective Bargaining Agreement Addendum for
2014-2015.
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
3/16: MOTION: I move to approve the Addendum to 2011-2013 Collective Bargaining
Agreement with the PPOA — Uniform Employees, for years 2014-2015
and, further, authorize the City Manager to execute the agreement.
III. FISCAL IMPACT:
Increases average annual cost of Police operations (base wages and benefits) by
approximately $112,000.
IV. HISTORY AND FACTS BRIEF:
The previous contract terminated December 31, 2013
V. DISCUSSION:
Negotiations commenced in February 2014. The parties reached a tentative agreement March
2, 2015. PPOA notified the City on 03/12/15 that the members had voted to ratify the tentative
agreement. Following are the significant changes reflected in the new agreement.
• Effective January 1, 2014: 2% increase
■ Effective January 1, 2015: 2% increase
■ Effective July 1, 2015: 2% increase
• The PPOA agreed to an increased premium cap for the Medical Plan: 12% premium with
3.0% of Top Step Police Officer cap (up from 2.5%)
The agreement provides for Pasco members of the SWAT Team and Detectives, who live
within 15 miles of Pasco City limits, to "take home" their assigned vehicles.
Staff recommends Council ratification of the Agreement.
10(a)
Pasco Police Officers Association (PPOA) & City of Pasco
2011-2013 Collective Bargaining Agreement (CBA) Addendum
March 16, 2015
The parties have agreed to amend the signed CBA dated January 1, 2011 — December 31, 2013,
between the PPOA-Uniform Employees and the City of Pasco. It will be in effect upon ratification through
December 31, 2015. Current contract language will continue to be in effect, with the exception of the
items listed and agreed upon below:
Wa es:
Retro paid on 2014 (01.01.2014-12.31.2014) & 2015 gross salary for current employees and previous employees
that "retired" from employment (including those "retiring" from employment to advance in rank with another agency).
2014 2%
1/1/2015 2%
7/1/2015 2%
The parties agreed that for this and future bargaining June - June CPI U is used rather than October -October.
5 - effective 1"full pay period after ratification
• 12% premium with 3.0% premium cap of top step Police Officer (medical & dental)
• Prescription coverage (dependents):
o Generic prescriptions covered at 100%;
o Name brand covered at 80%.
• Prescription coverage (employees):
o Generic prescriptions covered at 100%;
o Name brand covered at 80%.
• If, no generic is available name brand covered at 100%
• If, generic is an ineffective method for treatment (provided the Rx protocol is
followed) coverage will be at 100%
• Prescription card — not reimbursement
Take Home Cars:
• Per Department policy— SWAT & Detectives
o Within 15 miles of Pasco City Limits
Dave Zabell Date
City Manager
Chad Pettijohn Date
on behalf of PPOA President
AGENDA REPORT NO. 10
FOR: City Council March 5, 2015
TO: Dave Zabell, City Manager
Ahmad Qayoumi, Public Works Director
FROM: Kent McCue, Construction Manager 14W Regular Mtg.: 3/16/15
SUBJECT: Bid Award: 2015 Micro -Surfacing, Project #M3 -OV -3R-15-03
I. REFERENCE(S):
1. 2015 Micro -Surfacing - Vicinity Map
2. 2015 Micro -Surfacing - Bid Summary
H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
03/16: MOTION: I move to award the low bid for the 2015 Micro -Surfacing project, to
include the Base Bid and Alternates 1 and 2, to Intermountain Slurry
Seal, Inc. in the amount of $365,242.00, and further, authorize the
City Manager to execute the contract documents.
III. FISCAL IMPACT:
Amount: $365,242.00
Source: Overlay Fund
IV. HISTORY AND FACTS BRIEF:
A) As part of the City's pavement management program, the City utilizes a number of best
management practices to extend the life of the roadway. One of the methods includes
micro -surfacing, which seals the roadway extending asphalt life.
B) The project involves the installation of up to approximately 72,000 square yards of
Micro -Surfacing Type III and striping on various streets throughout the City as shown
on the attached map.
C) The budgeted amount for the micro -surfacing is $500,000.
D) The project was advertised on February 8 and February 15, 2015, with the bid opening
held on February 24, 2015.
V. DISCUSSION:
A) On February 24, 2015, the City received two (2) bids for the project. The low bid was
received from Intermountain Slurry Seal, Inc. in the amount of $365,242.00. The
second low bid was from VSS International, Inc. in the amount of $545,963.00. The
Engineer's Estimate is $417,589.00.
B) Staff has reviewed the bid submittal and found no exceptions or irregularities.
C) Staff recommends award of the contract to Intermountain Slurry Seal, Inc.
10(b)
City of Pasco
2015 Micro -Surfacing
Project No. M3 -OV -3R-15-03
February 24, 2015
BID SUMMARY
Total
Engineer's Estimate $417,589.00
1. Intermountain Slurry Seal $365,242.00
2. VSS International $545,963.00
AGENDA REPORT NO.9
FOR: City Council
TO: Dave Zabell, City ManagerQ
Ahmad Qayoumi, Public Works Director
FROM: Kent McCue, Construction Manager JdW
SUBJECT: Bid Award: 2015 Overlays, Project #M3 -OV -3R-15-01
I. REFERENCE(S):
March 5, 2015
Regular Mtg.: 3/16/15
I. 2015 Overlays - Vicinity Maps
2. 2015 Overlays - Bid Summary
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
03/16: MOTION: I move to award the low bid for the 2015 Overlays project, to include
the Base Bid and Alternates 1, 4 and 5, to Central Washington
Asphalt, Inc. in the amount of $588,440.50, and further, authorize the
City Manager to execute the contract documents.
III. FISCAL IMPACT:
Overlay Fund - $324,328.00 (Argent Road)
Capital Improvement Fund - $203,477.50 (Softball Fields)
General Fund - $60,635.00 (City Hall Parking Lot)
IV. HISTORY AND FACTS BRIEF:
A) As part of the City's pavement management program, the City utilizes a number of best
management practices to extend the life of the roadway. Once the roadway is at or near
the end of its life, an overlay process is implemented using new asphalt to start the life
cycle over.
B) The project involves the installation of Hot Mix Asphalt, planning bituminous pavement
and striping on Argent Road from Road 68 to Road 48, and various other locations as
indicated on the attached map.
C) The available budget for the Base Bid and Alternate 1, Argent Road, is $350,000
(Overlay Fund); the available budget for Alternate 4, City Hall parking lot, is $60,000
(General Fund); and the available budget for Alternate 5, softball fields parking lot, is
$207,000 (Capital Improvement Fund).
D) The project was advertised on February 8 and February 15, 2015 with the bid opening
held on February 24, 2015.
V. DISCUSSION:
A) On February 24, 2015, the City received three (3) bids for the project. The low bid was
from Central Washington Asphalt, hie. in the amount of $588,440.50. The second low
bid was from Granite Construction, Inc. in the amount of $609,766.50. The Engineer's
Estimate is $797,455.00. Staff believes the favorable prices for the project were due in -
part to the recent decrease in oil prices.
B) The low bid received from Central Washington Asphalt, Inc, for the Overlays Base Bid
and Alternate 1 (Argent Road) was $324,328.00, for Alternate 4 (City Hall Parking Lot)
was $60,635.00, and Alternate 5 (Softball Fields Parking Lot) was $203,447.50.
C) Staff has reviewed the bid submittal and found no exceptions or irregularities,
D) Staff recommends award of the contract to Central Washington Asphalt, Inc.
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City of Pasco
2015 Overlays
Project No. M3 -OV -3R-15-01
February 24, 2015
BID SUMMARY
Total
Engineer's Estimate $797,455.00
1. Central Washington Asphalt $588,440.50
2. Granite Construction $609,766.50
3. Inland Asphalt $614,601.05