HomeMy WebLinkAbout2015.04.13 Council Workshop PacketAGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. April 13, 2015
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance.
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR
(a) Parks and Recreation Advisory Council Interviews:
1. Agenda Report from Stan Strebel, Deputy City Manager dated April 8, 2015.
2. Parks and Recreation Advisory Council - Applications (Council only).
(b) Police Training. (NO WRITTEN MATERIAL ON AGENDA) Presented by Captain Ken
Roske, Police Department.
(c) Annexation, Road 80 Area (MF#ANX2015-001):
1. Agenda Report from Dave McDonald, City Planner dated April 7, 2015.
2. Annexation, Road 80 Area - Overview Map.
3. Annexation, Road 80 Area -Notice of Intent to Commence Annexation.
(d) Annexation, Road 80 Area Zoning (MY#ZD2015-001):
1. Agenda Report from Dave McDonald, City Planner dated April 7, 2015.
2. Annexation, Road 80 Area Zoning - Overview Map.
(e) Archer Estates, Phase 1 Water System Extension Agreement (Dent Road):
1. Agenda Report from Kent McCue, Construction Manager dated March 4, 2015.
2. Archer Estates - Vicinity Map.
3. Archer Estates - Agenda Report, Water Extension Agreement.
4. Archer Estates - Agenda Report, Amendment 1 - Water System Extension.
5. Archer Estates - Proposed Agreement.
(f) Waiver of Sewer Utility Service Requirement (MF#USW2015-001):
1. Agenda Report from Shane O'Neill, Planner I dated April 8, 2015.
2. Sewer Waiver - Vicinity Map.
3. Sewer Waiver - Overview Map.
4. Sewer Waiver -Proposed Utility Service Waiver Agreement.
(g) Street Vacation: Kurtzman Alley Vacation Plan (MF#VAC2015-003):
1. Agenda Report from Shane O'Neill, Planner I dated April 1, 2015.
2. Kurtzman Alley Vacation - Overview Map.
3. Kurtzman Alley Vacation - Vicinity Map.
4. Kurtzman Alley Vacation - Proposed Ordinance.
(h) Aircraft Rescue and Firefighting Services:
1. Agenda Report from Robert Gear, Fire Chief dated April 7, 2015.
2. Aircraft Rescue and Firefighting Services - Interlocal Cooperation Agreement.
(i) Bonds for Police Community Services Building:
1. Agenda Report from Stan Strebel, Deputy City Manager dated April 7, 2015.
5. MISCELLANEOUS COUNCIL DISCUSSION:
(a)
(b)
(c)
6. EXECUTIVE SESSION:
(a)
(b)
(c)
Workshop Meeting 2 April 13, 2015
7. ADJOURNMENT
REMINDERS:
1. 11:45 a.m., Monday, April 13, Pasco Red Lion — Pasco Chamber of Commerce Membership
Luncheon. ("Protect Yourself from Identity Theft" presented by United States Secret Service)
2. 6:00 p.m., Monday, April 13, Conference Room #1 — Old Fire Pension Board Meeting.
(COUNCILMEMBER REBECCA FRANCIK, Rep.; SAUL MARTINEZ, Alt.)
3. 4:00-6:00 p.m., Tuesday, April 14, Tri -Cities Business & Visitor Center — Port of Kennewick's
Centennial Celebration. (ALL COUNCILMEMBERS INVITED TO ATTEND)
4. 5:30 p.m., Tuesday, April 14, Port of Benton Office — Reception for the National Park Service to
celebrate the Manhattan Project National Historical Park. (MAYOR MATT WATKINS)
5. 6:00 p.m., Tuesday, April 14, Senior Center — City of Pasco Volunteer Reception. (MAYOR MATT
WATKINS; ALL COUNCILMEMBERS INVITED TO ATTEND)
6. 4:30-6:30 p.m., Wednesday, April 15, Red Lion Hanford House — Community Open House with the
National Park Service and the Department of Energy on the Manhattan Project National Historical
Park. (MAYOR MATT WATKINS; ALL COUNCILMEMBERS INVITED TO ATTEND)
7. 5:30 p.m., Wednesday, April 15 — Benton, Franklin & Walla Walla Counties Good Roads &
Transportation Association Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA
FRANCIK, Alt.)
8. 5:45 p.m., Wednesday, April 15, Pasco City Hall, Council Chambers — Tri -Cities Regional Public
Facilities District Board Meeting. (MAYOR MATT WATKINS, COUNCILMEMBERS REBECCA
FRANCIK and SAUL MARTINEZ)
9. 3:30 p.m., Thursday, April 16, FCEM Office — Franklin County Emergency Management Board
Meeting. (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER TOM LARSEN, Alt.)
10. 7:30 a.m., Friday, April 17, Richland City Council Chambers — Hanford Communities Governing
Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep., AL YENNEY, Alt.)
11. 11:30 a.m., Friday, April 17 — Benton -Franklin Council of Governments Board Meeting.
(COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.)
AGENDA REPORT
FOR: City Council April 8, 2015
TO: Dave Zabell, City Manager Workshop Mtg.: 4/13/15
FROM: Stan Strebel, Deputy City Manager
SUBJECT: Parks & Recreation Advisory Council Interviews
I. REFERENCE(S):
1. Parks & Recreation Advisory Council - Applications (Council only)
H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
4/13: Council to conduct brief interviews with Molly Harker and John Nielsen.
III. HISTORY AND FACTS BRIEF:
A) The Parks and Recreation Advisory Council is composed of nine members; terms
are three years. The board meets on the 1st Thursday of every month at 5:30 p.m.
B) The Parks and Recreation Advisory Council advises the City Council on recreation
activities and facilities needed in the community.
C) There are three positions whose term have expired:
1. Position No. 3 (currently Arthur Job)
2. Position No. 5 (currently Edmon Daniels)
3. Position No. 8 (vacant)
D) The Council screening committee concluded that, as outlined in Ordinance No.
3388, the incumbents in Position Nos. 3 and 5 be reappointed without interview.
F) At the present time there is one vacant, unexpired term:
1. Position No. 1 (vacant) term expiration date of 2/2/17.
G) After Council Screening Committee review of all applications, the following have
been selected to interview for possible appointment to Position Nos. 1 and 8 (three
additional applicants were invited to interview but were unable to or declined the
offer):
1. Molly Harker................................................................4204 Sedona Drive
2. John Nielsen...........................................................6121 Dorchester Court
IV. DISCUSSION:
A) After conduct of interviews at the April 13 Workshop meeting, it is proposed that
appropriate appointments be made by the Mayor, subject to confirmation by the
Council, at the April 20 meeting.
4(a)
AGENDA REPORT
FOR: City Council April 7, 2015
TO: Dave Zabell, City Manager b✓ ► yy Workshop Mtg.: 4/13/15
Rick White, j% �( Regular Mtg.: 4/20/15
Community & Economic Development Director
FROM: Dave McDonald, City Plann
SUBJECT: Annexation: Road 80 Area (MF# ANX2015-001)
I. REFERENCE(S):
1. Annexation, Road 80 Area - Overview Map
2. Annexation, Road 80 Area - Notice of Intent to Commence Annexation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
4/13/15:
4/20/15: MOTION: I move to authorize the City Manager to sign the Notice of
Intent to Commence Annexation Proceedings and any
follow-up petitions for the Road 80 Annexation Area.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A. In January of this year the Council approved the formation of an "Annexation
Facts Committee" to review information related to the possible annexation of all
unincorporated properties west of Road 80. The committee held its last meeting
on April 7, 2015.
B. The next step in the annexation process involves the development of an
annexation petition. The petition method of annexation is a two-step process
requiring an initial Notice of Intent to commence annexation proceedings. The
Notice of Intent must represent 10 percent of the property values in a given area to
be valid to initiate annexation. Following Council acceptance of the Notice of
Intent a petition representing 60 percent of the property values is required to be
submitted.
C. Valid Notices of Intent and petitions carry either the direct signatures of property
owners or the signatures of the owners through the use of power of attorney
agreements necessary for water service. The annexation agreements signed by
property owners when they received the benefit of water service beyond the City
Limits establishes the City as the attorney in fact authorized to sign annexation
petitions on their behalf. The motion above authorizes the City Manager to sign
the Notice of Intent and subsequent annexation petition for the City.
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NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEDURES
TO: The City Council of the City of Pasco
525 North Third Avenue
Pasco, Washington 99301
Council Members:
The undersigned, who are the owners of not less than ten percent in
value, according to the assessed valuation for general taxation of the
property for which annexation is sought, hereby express our intention to
the City Council of the City of Pasco to commence annexation
proceedings.
The property herein referred to is generally described in Exhibit "A"
attached hereto and is depicted in Exhibit "B" further attached hereto.
It is requested that the City Council of the City of Pasco hold a public
meeting to determine:
(1) Whether the City Council will accept the proposed annexation;
and,
(2) Whether the City Council will require the assumption of existing
City indebtedness by the area to be annexed; and,
(3) Whether the City Council will require simultaneous zoning.
This page is one of a group of pages containing identical text material
and is intended by the signers of this Notice of Intention to be presented
and considered as one Notice of Intention and may be filed with other
pages containing additional signatures which cumulatively may be
considered as a single Notice of Intention.
1. Please print your name in addition to signing.
NAME ADDRESS DATE
The City of Pasco as Attorney in fact hereby signs this Notice of Intent to
Commence Annexation for and in behalf of the properties identified by Parcel
# attached to this signature page:
The recorded Power of Attorney documents (owner Approval for Annexation)
for each parcel are attached hereto and are a part of this annexation petition.
Dave Zabell
City Manager, City of Pasco
Date
EXHIBIT "A"
LEGAL DESCRIPTION
ROAD 80 ANNEXATION AREA
Beginning at a point on the south line of the FCID canal right-of-way, said point being the intersection
with the west right-of-way line of Road 96 and the south right-of-way line of the FCID canal right-of-
way; Thence southerly along the west right-of-way line of Road 96 to the intersection with the northeast
corner of Lot 2 Short Plat 99-05; Thence westerly along the north line of Lot 2 Short Plat 99-05 to the
northwest corner thereof; Thence southerly along the west line of Lot 2 Short Plat 99-05 to the
southwest corner thereof, said southwest corner also being a point on the north line of Lot, 3 Basswood
Estates; Thence westerly along the north line of Lot 3, Basswood Estates to the northwest comer of said
Lot 3; Thence southerly along the west line of said Lot 3 to the southwest comer of said Lot 3, said
corner also being the northwest corner of Lot 4, Basswood Estates; Thence southerly along the west line
of Lot 4, Basswood Estates to the southwest corner of said Lot 4, said southwest corner also being the
northwest corner of Lot 4 Short Plat 2003-01; Thence southerly along the west line of Lot 4, Short Plat
2003-01 to the north right-of-way line of West Argent Road; Thence west along the north right-of-way
line of West Argent Road to the intersection with the northerly projection of the east right-of-way line of
Road 100; Thence southerly along said projection to the intersection with the south right-of-way line of
West Argent Road; Thence continuing southerly along the east right-of-way line of Road 100 to the
intersection with the north right-of-way line of West Court Street; Thence easterly along the north right-
of-way line of West Court Street to the intersection with the east right-of-way line of Road 84; Thence
southerly along the east right-of-way line of Road 84 to the intersection with the northwest comer of Lot
13, Block 1, Back Roads Country Estates; Thence easterly along the north line of said Lot 13, Back
Roads Country Estates and continuing easterly along the north line of Lots 14, and 15, Block 1, Back
Roads Country Estates to the intersection with the northeast corner of said Lot 15, said corner of said Lot
15, being 635.78 feet more or less from the east right-of-way line of West Court Street; Thence southerly
for a distance of 24 feet; Thence easterly for a distance of 6 feet to the northeast/southwest line of Lot 17,
Block 1, Back Roads Country Estates; Thence easterly along the north line of said Lot 17 and Lots 18,
19, 20, 21 and 22, Block 1, Back Roads Country Estates to the intersection with the west right-of-way
line of Road 80; Thence continuing easterly along the easterly projection of the north line of Lot 22,
Block 1 Back Roads Country Estates to the intersection with the east right-of-way line of Road 80;
Thence northerly along the east right-of-way line of Road 80 to the intersection with the northwest corner
of Lot 4, Short Plat 76-10; Thence westerly along the westerly projection of the north line of Lot 4,
Short Plat 76-10 to the intersection with the west right-of-way line of Road 80; Thence northerly along
the west right-of-way Road 80 to the intersection with the south right-of-way line of West Argent Road;
Thence westerly along the south right-of-way line of West Argent Road to the intersection with the east
right-of-way line of Road 84; Thence westerly along the westerly projection of the south right-of-way
line of West Argent Road to the intersection with the southerly projection of the west right-of-way line of
Road 84; Thence northerly along said projection of Road 84 and continuing northerly along the west
right-of-way line of Road 84 to the intersection with the south right-of-way line of the FCID canal right-
of-way; Thence westerly along said canal right-of-way to the point of beginning.
AGENDA REPORT
FOR: City Council April 7, 2015
TO: Dave Zabell, City Manager Workshop Mtg.: 4/13/15
Rick White, Regular Mtg.: 4/20/15
Community & Economic Development Director f Y
FROM: Dave McDonald, City Planner
SUBJECT: Annexation: Road 80 Area Zoning (MF# ZD2015-001)
I. REFERENCE(S):
1. Annexation, Road 80 Area Zoning - Overview Map
H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
4/13/15: DISCUSSION
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A. In January of this year the Council approved the formation of an "Annexation
Facts Committee" to review information related to the possible annexation of all
unincorporated properties west of Road 80. The committee held its last meeting
on April 7, 2015.
B. In addition to processing the necessary petition forms (Notice of Intent and 60%
Petition) to effectuate an annexation the City must consider zoning in advance of
the adoption of an annexation ordinance. Typically the zoning review process for
annexations coincides with the submittal of a Notice of Intent.
C. The Planning Commission is scheduled to hold a zoning determination hearing on
April 16th. Typically the Planning Commission holds one hearing and the Council
considers their recommendation during the annexation hearing.
D. Individuals within the annexation area have requested that the determination for
zoning be established in advance of the Council's consideration on the
annexation. To accommodate that request staff has consulted with the City
Attorney and formulated a process that resembles "pre -zoning" a potential
annexation area in accord with State law. Reconciling that process with our own
municipal code will necessitate a hearing with the Planning Commission on April
16th and two hearings before the City Council — one on April 2e and one at least
30 days later on June I'`.
E. This process will allow a zoning determination to be established prior to Council
consideration and decision on an annexation ordinance - likely in July.
4(d)
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AGENDA REPORT NO. 11
FOR: City Council March 4, 2015
TO: Dave Zabell, City Manager
Abroad Qayoumi, PE, Public orks Directo
���pAAorkshop Mtg.: 04/13/2015
FROM: Kent McCue, Construction Manager O r' l Regular Mtg.: 04/20/2015
SUBJECT: Archer Estates, Phase 1 Water System Extension Agreement (Dent Road)
I. REFERENCE(S):
1. Archer Estates — Vicinity Map
2. Archer Estates — Agenda Report, Water Extension Agreement
3. Archer Estates — Agenda Report, Amendment 1— Water.System Extension
4. Archer Estates — Proposed Agreement
H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
04/13: Discussion
04/20: MOTION: I move to approve the Water System Extension Agreement with
Big Sky Developers, LLC. and, further, authorize the City Manager
to execute the Agreement.
M. FISCAL IMPACT:
Water Utility Fund ($44,253.45)
IV. HISTORY AND FACTS BRIEF:
A) Big Sky Developers owns a 37.85 acre parcel of land along Dent Road, north of
Burns Road, and is planning for the subdivision and development of single family
residences on the parcel. The parcel currently lies outside the City boundaries, but
within the Pasco Urban Growth Area (UGA). Consequently, the owner has
determined it most appropriate for their development to connect to City water for
domestic use.
B) The Developer has coordinated with City staff over the past several months to
identify an appropriate extension of the City's water system. It was determined
that there was a need to upsize 2,609 linear feet of pipe from 8" to 12". A Water
System Extension Agreement has been drafted to memorialize the obligations of
the Developer and the City, respectively, in terms of cost-sharing for the
extension, as well as design requirements, annexation agreements and water
rights. In essence, the Developer will pay the cost equivalent to an 8" waterline
(minimum size) the entire length of the extension, while the City will pay the
incremental increase in cost between the 8" pipe system and the actual pipe size
required to function as a distribution main for the water system and serve the
larger vicinity in the future (this will avoid duplicate line installations in the
future).
C) Previously, in October 2013, Council approved a similar Water Extension
Agreement with Big Sky Developers, LLC and Ted Tschrky. At that time, it was
determined by Council that it was in the best interest of the City to cost -share the
expenses to "oversize" the waterline so it could function as a distribution main for
the water system and serve the larger vicinity after future development.
4(e)
D) In anticipation of future development, the Developer and the City Engineer
verbally agreed to the terms of this agreement. The verbal agreement took place
approximately in May 2014, prior to the commencement of the design of the
current project.
E) The City's share of the extension project shall not exceed $44,253.45, or about
26% of the total project cost. The Developer will pay the balance of the project
costs and the City will provide them a "Latecomer Agreement," whereby future
connections to the water main will reimburse the Developer their fair share of the
Developer's expense not attributable to their own property. Participation in the
Developer's extension results in a much lower cost project, as it is a private
project not subject to prevailing wages; consequently, the City's cost is likewise
lower.
F) The Agreement includes a provision to ensure the development provides for or
offsets their consumption of the limited pool of water rights owned by the City.
The calculation of average domestic use by a home which has separate lawn
irrigation water is .45 acre-feet. At a market value of $1,500 per acre-foot, that
represents approximately $700 per dwelling unit. The Agreement provides for
payment of that amount before the City accepts the waterline improvements.
However, staff intends to propose an ordinance for Council's consideration in the
near future to establish that fee as part of the cost of connecting a new home
outside the City boundary to the City's water system (currently, new homes
outside the City are not compensating the City for the water rights they are
consuming).
V. DISCUSSION:
A) The proposed agreement ensures appropriate extension of the City's water system
to a portion of its UGA that is quite likely to experience growth over the next
decade. If not extended, development will either not occur at all or will occur
with wells and septic tanks on one acre lots. The latter scenario would frustrate
the logical extension of the water system over time, eventually increasing costs for
rate payers and retarding development values.
B) Staff recommends approval of the Water System Extension Agreement as
presented.
WATER SYSTEM EXTENTION AGREEMENT
BIG SKY DEVELOPMENT, LLC
AGENDA REPORT
TO: City Council II
FROM: Gary Crutchfi anager
SUBJECT: Water Extension Agreement (Bums/Kohler Roads)
I. REFERENCE(S):
1. Vicinity Map
2. Proposed Agreement
October 10, 2013
Workshop Mtg.: 10/14/13
Regular Mtg.: 10/21/13
IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
10/14: Discussion
10/21: MOTION: I move to approve the water system extension agreement with Big Sky
LLC and Ted Tschrky and, further, authorize the City Manager sign the
agreement.
III. FISCAL IMPACT:
Water Utility Fund ($290,000)
IV. HISTORY AND FACTS BRIEF:
A) Owners of two parcels of land in the northwest quadrant of the Pasco Urban Growth Area
(UGA) have planned for residential development of their respective parcels. Both parcels
are currently outside the city boundaries but within the Pasco UGA. Consequently, they
have determined it most appropriate for their developments to extend city water for domestic
use. Doing so allows half -acre lots with septic tanks, rather than one -acre lots with septic
tank and on-site well. Franklin County has approved the zoning to accommodate half -acre
lots dependent on city water service and is scheduled to approve the first plat later this
month.
B) The developers (Big Sky LLC and Ted Tschrky) have coordinated with city staff over the
past several months to identify an appropriate extension of the city's water system. A water
extension agreement has been drafted to memorialize the obligations of the developers and
the city, respectively, in terms of cost-sharing for the extension as well as design
requirements, annexation agreements and water rights. In essence, the developers will pay
the cost equivalent to an 8" waterline (minimum size) the entire length of the extension,
while the city will pay the equivalent cost of `oversizing" the waterline (to 12" and 16"
sizes) so it can function as a distribution main for the water system and serve the larger
vicinity in the future (this will avoid duplicate line installations in the future).
C) The city's share of the extension project will not exceed $290,000, or about 43 percent of the
total project cost. The developers will pay the balance of the project costs and the city will
provide them a "latecomer agreement", whereby future connections to the water main will
reimburse the developers their fair share of the developers' expense not attributable to their
own properties. Participation in the developers' extension results in a much lower cost
project, as it is a private project not subject to prevailing wages; consequently, the city's cost
is likewise lower.
D) The agreement includes provision to ensure the developments provide for or offset their
consumption of the limited pool of water rights owned by the city. The calculation of
average domestic use by a home which has separate lawn irrigation water is .45 acre-feet. At
a market value of $1,500 per acre-foot, that represents approximately $700 per dwelling unit.
The agreement provides for payment of that amount before the city accepts the waterline
improvements. However, staff intends to propose an ordinance for Council consideration in
the near future to establish that fee as part of the cost of connecting a new home outside the
city boundary to the city's water system (currently, new homes outside the city are not
compensating the city for the water rights they are consuming).
4(f)
V. DISCUSSION:
A) The proposed agreement ensures appropriate extension of the city's water system to a portion
of its UGA that is quite likely to experience growth over the next decade. If not extended,
development will either not occur at all or will occur with wells and septic tanks on one acre
lots. The latter scenario would frustrate the logical extension of the water system over time,
eventually increasing costs for rate payers and retarding development values.
B) Staff recommends approval of the extension agreement as presented.
AGENDA REPORT NO. 26
FOR: City Council September 3, 2014
TO: Dave Zabell, City Manager
Ahmad Qayoumi, Public Works Director
Workshop Mtg.: 9/8/14
FROM: Michael A. Pawlak, City Engineer Regular Mtg.: 9/15/14
SUBJECT: Amendment No. 1 to Water System Extension Agreement
I. REFERENCE(S):
1. Amendment 1 -Water System Extension - Vicinity Map
2. Amendment 1 -Water System Extension — Proposed Amendment No. 1
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
09/08: Discussion
09/15: MOTION: I move to approve Amendment No. 1 to the Water System
Extension Agreement with Big Sky LLC and Ted Tschirky and,
Rather, authorize the City Manager sign the agreement.
III. FISCAL IMPACT:
Water Utility Fund ($50,145)
IV. HISTORY AND FACTS BRIEF:
A) Owners of two parcels of land in the northwest quadrant of the Pasco Urban Growth
Area (UGA) have planned for residential development of their respective parcels.
Both parcels are currently outside the City boundaries but within the Pasco UGA.
Consequently, they have determined it most appropriate for their developments to
extend City water for domestic use. Doing so allows half -acre lots with septic tanks,
rather than one -acre lots with septic tank and on-site well. Franklin County has
approved the zoning to accommodate half -acre lots dependent on City water service.
B) The developers (Big Sky LLC and Ted Tschirky) have coordinated with City staff
over the past several months to identify an appropriate extension of the City's water
system. A water extension agreement was approved by City Council on October 21,
2013 to memorialize the obligations of the developers and the City, respectively, in
terms of cost-sharing for the extension as well as design requirements, annexation
agreements and water rights. In essence, the developers will pay the cost equivalent
to an 8" waterline (minimum size) the entire length of the extension, while the
City will pay the equivalent cost of "oversizing" the waterline (to 12" and 16"
sizes) so it can function as a distribution main for the water system and serve the
larger vicinity in the future (this will avoid duplicate line installations in the future).
C) The City's share of the extension project as described in the original agreement is not
to exceed $290,000, or about 43 percent of the total project cost. The developers will
pay the balance of the project costs and the City will provide them a "latecomer
agreement", whereby future connections to the water main will reimburse the
developers their fair share of the developers' expense not attributable to their own
properties. Participation in the developers' extension results in a much lower cost
project, as it is a private project not subject to prevailing wages; consequently, the
City's cost is likewise lower.
D) The original agreement includes provision to ensure the developments provide for or
offset their consumption of the limited pool of water rights owned by the City.
The calculation of average domestic use by a home which has separate lawn irrigation
water is .45 acre-feet. At a market value of $1,500 per acre-foot, that represents
approximately $700 pet dwelling unit. The agreement provides for payment of that
amount before the City accepts the waterline improvements.
V. DISCUSSION:
A) The original agreement ensures appropriate extension of the City's water system to a
portion of its UGA that is quite likely to experience growth over the next decade.
B) During construction of the water system extension, the City was approached by other
potential water users north of the subject development (Spencer Estates). City staff
recognized the long-term need to provide a reliable water system along Kohler Road
north of the Spencer Estates subdivision, and determined that the prudent course of
action would be to upsize the watermain along the Kohler Road frontage of Spencer
Estates. Staff proposes that the City cost share the upsizing of their section of watermain
in the same manner as specified in the original agreement. City share of the costs is
estimated at $14,145.
C) The City requires a particular pre-packaged Pressure Reducing Valve Assembly and
Vault (PRV) for use in the City's water systems. The size and cost of the required PRV
was not known at the time of the original agreement. Staff recommends that the City
share 75% of the cost of the PRV as it is a system component that will regulate water
pressures to a larger area that the Spencer Estates subdivision. City share of the costs is
estimated at $36,000.
D) Due to certain construction difficulties and the delay in receiving the PRV, the
construction has taken longer than originally anticipated. The term of the original
agreement needs to be extended to reflect construction delays.
E) Staff recommends approval of Amendment No. 1 of the Water System Extension
Agreement.
WATER SYSTEM EXTENSION AGREEMENT
THIS WATER SYSTEM EXTENSION AGREEMENT is entered into this day of
April, 2015, by and between Big Sky Developers, LLC, a Washington Limited Liability Company
(hereinafter referred to as Big Sky) and the City of Pasco, Washington, a Washington Municipal
Corporation (hereinafter referred to as "City"), for the purpose of extending water system
improvements for the benefit of the properties to be developed by Big Sky.
WHEREAS, Big Sky has entered into negotiations to purchase and develop certain real
property adjacent to Dent Road, north of Burns Road for residential use, known as Archer Estates,
Phase 1, and said real property is situated within the Pasco Urban Growth Area as designated by
Franklin County; and
WHEREAS, Big Sky desires to have City of Pasco water service extended to the developed
properties for domestic use; and
WHEREAS, Big Sky is committed to constructing a water system trunk line extension and
distribution lines to the proposed developments as described in Exhibit A, and then dedicate the waterlines
and appurtenances to the City; and
WHEREAS, the City of Pasco possesses the capacity to provide water utility services to citizens
and real properties within its municipal boundaries and its urban growth boundaries; and
WHEREAS, the City of Pasco's long range water plan provides for the systematic extension
-of water utilities throughout the City's urban growth area; and
WHEREAS, the parties desire, by this cooperation agreement, to jointly participate in the cost
of the waterline construction that provides benefits to all parties and their respective properties.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
agree as follows:
1. BIC. SKY OBLIGATIONS. Big Sky shall:
A. Provide the complete design of the proposed water system extension, as described in
Exhibit A by a Professional Engineer registered to practice Engineering in the State of Washington.
The water system design shall include pipe and all appurtenances from a connection point with the
City's existing system at the intersection of Burns Road and Dent Road and extending north along Dent
Road to the northern most boundary of Archer Estates, Phase 1. The design of the water system
extensions shall be in accordance with the latest City of Pasco requirements and standards including
any adopted or referenced state and federal requirements and standards. The engineering design,
construction plans and specifications shall be submitted to the City for review and/or approval at
the 60% and Final stages of design.
B. From the design, as approved by the City, construct the system extensions including
all valves, hydrants and appurtenances in accordance with applicable City, state and federal standards
and requirements.
Water System Extension Agreement —Big Sky Developers, LLC Page 1 of 5
Dent Road
April _, 2015
C. Be responsible for one-half (50%) of the cost of the design of the water system extension
along Dent Road to the northern most boundary of Archer Estates, Phase 1, plus Washington State Sales
Tax.
D. Be responsible for the costs associated with the furnishing of materials and labor,
and construction of the equivalent of an 8 -in. diameter pipeline including valves, hydrants and
associated appurtenances necessary to provide adequate domestic water service to the proposed
development, as follows: along Dent Road from Burns Road to the northern most boundary of Archer
Estates, Phase 1 (50%), as described in Exhibit A, plus Washington State Sales Tax.
E. Shall at its own cost and efforts secure all reviews, approvals and permits from any
and all applicable jurisdictions, and pay all associated fees.
F. Shall execute all deeds, documents, permits, annexation agreements and checklists
necessary for the permitting and conveyance of property and construction of the system extension
described above and the performance of this Agreement.
G. Shall, prior to City acceptance of the waterline improvements contemplated herein,
provide the City certificated surface water rights within the McNary Pool equal to one-third acre-foot
per platted lot contained within the respective development or a payment to the city in an amount equal
to $700 for each platted lot contained within the respective development, unless mutually agreed
otherwise in writing prior to City acceptance of the improvements.
H. Enter into a Latecomer's Agreement with the City, to provide for future
reimbursement of incurred costs from owners/developers of property who desire to connect but did not
contribute to the costs of the water system extension improvements.
2. CITY OBLIGATIONS. City shall:
A. Process in its usual course, Big Sky's applications for plan review and permits
associated with the water system extension project as described above and in Exhibit A, in a timely
manner.
B. Provide project design criteria, and determine the size of pipe, spacing of isolation valves
and hydrants and other appurtenances required to maintain the integrity of the City's water system.
C. Provide timely reviews of the engineering design, construction plans and
specifications at the 60% and Final submittals.
D. Provide inspection services during the course of construction consistent with the level
of effort utilized on other capital and development projects within the City, or as may be required to
ensure the required quality of the completed work.
E. Be responsible for one-half (50%) of the costs of design of the water system extension.
The City's share of the design and construction engineering and inspection costs shall not exceed
$3,881.25.
F. Be responsible for the incremental increase in cost between an 8 -in. pipe system and
the actual pipe size required, as estimated in the construction cost estimates prepared by E -Mac
Corporation and provided by Big Sky in November 2014, and as summarized in Exhibit B. The
Water System Extension Agreement —Big Sky Developers, LLC Page 2 of 5
Dent Road
April _, 2015
City's share of the construction costs shall not exceed $44,253.45, including Washington State Sales
Tax.
G. Be responsible for a share of the total costs associated with this Agreement, including
design, engineering, construction, inspection, and incidentals as described hereinbefore, not to exceed
$48,134.70, except as may be negotiated and agreed upon by both parties, in writing, by amendment to
the Agreement.
H. Upon satisfactory completion of the improvements described above, accept the
dedication of the water system improvements as described in Exhibit A and by Council resolution
accept ownership thereof, and maintenance and operation of the improvements thereafter.
I. Enter into Latecomer's Agreements with Big Sky to provide for future reimbursement
of incurred costs from owners/developers of property who desire to connect but did not contribute to the
costs of the water system extension improvements.
4. TERM. This Agreement shall be effective commencing on the day of April,
2015, and all improvements, conveyances and obligations of the parties shall be complete on or before
July 1, 2015. The Agreement shall terminate on August 1, 2015, or with the completion and
acceptance of the water system extension improvements, whichever is sooner.
5. AUTHORITY TO APPROVE AGREEMENT. The parties represent and warrant that
all steps necessary for the approval of this Agreement have been completed by:
A. Big Sky Developers, LLC by its Managing Member.
B. City of Pasco by the Pasco City Council.
The officers signing below are authorized to do so and that the execution of this Water System
Extension Agreement is valid and binding for all purposes.
6. DISPUTE RESOLUTION. In the event of a dispute between the parties regarding the
interpretation, breach or enforcement of this Agreement, the parties shall first meet in a good faith
effort to resolve the dispute by themselves or with the assistance of a mediator. The remaining
dispute shall be resolved by arbitration pursuant to RCW 7.04A, the Mandatory Rules of Arbitration
(MAR), with all parties waiving the right of a jury trial upon de novo review, with the
substantially prevailing party being awarded its reasonable attorney fees and costs against the other.
7. GENERAL PROVISIONS
A. This Water System Extension Agreement constitutes the entire agreement between the
parties, and no prior oral or written agreement shall be valid, and any modifications of this Agreement
must be in writing signed by all parties.
B. This Water System Extension Agreement shall be binding on the parties, and their
heirs, successors and assigns.
C. For the purpose of this Agreement, time is of the essence.
8. MUTUAL COOPERATON AND FURTHER AGREEMENTS The parties agree to
cooperate in good faith, with regard to each and every aspect required for the completion of the
Water System Extension Agreement —Big Sky Developers, LLC Page 3 of 5
Dent Road
April _, 2015
construction of the roadway which is the object of this Agreement, and the transfer of property, and
to further sign all documents, deeds and permits reasonably necessary to accomplish the purposes of
this Agreement.
DATED this
CITY OF PASCO
Dave Zabell
City Manager
ATTEST:
Debbie Clark, City Clerk
day of April, 2015.
BIG SKY DEVELOPERS, LLC
Dave Greeno
Managing Member
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Water System Extension Agreement —Big Sky Developers, LLC Page 4 of 5
Dent Road
April _, 2015
EXHIBIT A
CITY OF PASCO WATER SYSTEM EXTENSION
IN NORTHWEST CITY URBAN GROWTH AREA
DESCRIPTION OF PROJECT
Introduction: For the past several months, Mr. Dave Greeno of Big Sky Developers, LLC, a private
landowner, hae been discussing development plans with the City for parcels of land on Dent Road, north
of Burns Road, west of the City. Mr. Greeno proposes to develop the land for large lot single-family
residential purposes. He has approached the City of Pasco and requested that the City provide domestic
water service for the developments. At a meeting on August 13, 2014, Mr. Greeno presented a cost
estimate for the waterline extension along with a proposal of cost sharing percentages. Since that
time, the City and Mr. Green have been in discussions with regard to the feasibility of providing City
water system extension improvements to the sites and the potential cost sharing options. The
development is located within the City of Pasco Urban Growth Area, although outside the Pasco City
Limits.
Project Description: The proposed project will extend City of Pasco domestic water service from the
existing 12" waterline stub at the intersection of Burns and Dent Road, north to the northern most
boundary of Archer Estates, Phase 1.
The water system extension will include necessary inline isolation valves, fittings, fire hydrants and
other appurtenances as determined by the City of Pasco. Design and construction will be in accordance
with all current applicable City of Pasco standards and requirements and all applicable state and
federal standards and requirements as may be adopted or referenced by the City. The water system
trunk line alignment will be located as determined by the City and in coordination with Franklin
County. Franklin County currently owns the right-of-way along Bums Road and Dent Road.
General Cost Sharing Proposal: All parties have negotiated a cost sharing arrangement that generally
provides for the following:
• Desi -The City of Pasco will share 50% of the cost of design, topographical survey, preparation
of construction documents, construction survey, and City construction inspection efforts for the
work associated with the water system extensions as defined in the Description of the Project above.
Big Sky Developers, LLC will be responsible for the other 50% of the costs in proportion to the
estimated footage of pipe necessary to serve their respective developments.
• Construction — Big Sky Developers, LLC will be responsible for the entire cost of the equivalent
of an 8 -inch pipe system as defined above. The City of Pasco will be responsible for the cost
differential to provide the large pipe system.
• Development specific costs — Each developer will be responsible for the costs associated with their
individual developments. The City shall bear no responsibility for these costs.
AGENDA REPORT
FOR: City Council April 8, 2015
Workshop Mtg.: 4/13/15
TO: Dave Zabell, City Manager Regular Mtg.: 4/20/15
Rick White,
Community & Economic Development Director Y
FROM: Shane O'Neill, Planner I ';o�
SUBJECT: Waiver of Sewer Utility Service E auirement (MF# USW 2015-001)
I. REFERENCE(s):
1. Sewer Waiver — Vicinity Map
2. Sewer Waiver—Overview Map
3. Sewer Waiver — Proposed Utility Service Waiver Agreement
H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
4/13: DISCUSSION:
4/20: MOTION: I move to conditionally approve the sewer utility service
waiver for 6505 Pearl Court and authorize the City Manager to
execute the waiver agreement.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A. The applicant has applied for a utility service waiver to install a septic system for new
construction of a single family dwelling at 6505 Pearl Court on an existing lot. PMC
16.06 requires connection to the utility system when a building permit is issued
unless such requirement is waived by action of City Council.
B. Utility waivers are granted/denied by City Council in accord with the requirements of
PMC 16.06.050. This section of the PMC requires that City Council base their
decision on the following criteria:
• Special circumstances applicable to the property in question or the intended
use that do not generally apply to either properties or classes of uses in the
same vicinity or zoning classification.
• A waiver is necessary for the preservation and enjoyment of a substantial
property right or use possessed by other properties in the same vicinity and
same zoning classification, which because of special circumstances is denied
to the property in question.
• The granting of the waiver will not be detrimental to the public welfare or
egregious to other property improvements in such vicinity and zoning
classification, which the subject property is located.
• The granting of a waiver will not conflict with the general intent of this
chapter.
C. The above criteria contained in PMC 16.06.050 is established to measure unusual or
unique circumstances peculiar to a certain property that would justify waiver of a
requirement for utility connections similar to the way a land use variance would be
evaluated.
4(f)
V. DISCUSSION:
A. Presently, the nearest existing sewer line is approximately 2,500 feet from the
applicant's property and it is not cost effective for a private party or the City to
provide for the extension of such line at this time.
B. Legacy Flats is a 6 -lot suburban subdivision bordering the city limits line to the
south. Each lot in the subdivision was designed to meet Health District standards for
accommodating septic systems. Single family homes in this vicinity have been
developed with septic systems on roughly half -acre lots. A local improvement district
to extend sewer to this part of Pasco is not likely in the near future due do the existing
development pattern in the area.
C. Standards for septic systems are administered through the Benton Franklin Health
Department and will apply to the installation of septic systems on this property. It is
not expected that the waiver will be detrimental to public health or welfare in this
vicinity.
D. The granting of a waiver will not conflict with the intent of Chapter 16.06 of the
PMC. The significant costs associated with sewer line extension and the unlikelihood
of a local improvement district in the near future leads staff to recommend that a
sewer connection waiver be granted for the property.
J -
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Engineering Department
525 North 3rd Avenue
Pasco, WA 99301
UTILITY SERVICE WAIVER AGREEMENT
(CHAPTER 16.06 PMC)
1) The undersigned is the owner of the real property situated in Franklin County, Washington
addressed as 6505 Pearl Court and described as:
Tax Parcel (parent) #: 118-591-117
Legal: Lot 4, Legacy Flats, according to the Plat thereof recorded in
Volume 2 of Plats Page 1, records of Franklin County Auditor's
Office, Washington
2) The undersigned has made application for waiver of the utility service requirements of Chapter
16.06 PMC and the Pasco City Council has by motion approved said waiver based on the following
Findings:
a) Presently, there is no sewer service provided near the property. The nearest existing sewer line is
approximately 2,500 feet from the applicant's property and it is not cost effective for a private
party or the City to provide for the extension of such line.
b) Standards for septic systems are administered through the Benton Franklin Health Department
and will apply to the installation of septic systems on this property. It is not expected that the
waiver will be detrimental to public health or welfare in this vicinity;
c) Single family homes in this vicinity have been developed with septic systems. The subject site
was recently created by a recent plat which created six (6) lots roughly one-half acre in area. The
subject parcel is 0.59 acres in area. A local improvement district to extend sewer to this part of
Pasco is not likely in the near future due do the existing development pattern in the area;
d) The granting of a waiver will not conflict with the intent of Chapter 16.06 of the PMC. The
significant costs associated with sewer line extension, the timeframe expected for the provision
of infrastructure to allow the area to be served by city sewer, and the unlikelihood of a local
improvement district in the near future support the granting of a waiver for connection to the city
sewer system for the property.
UTILITY SERVICE WAIVER AGREEMENT (MF# USW2015-001)
In consideration of the mutual covenants contained herein, the sufficiency of which are hereby
acknowledged, the parties agree as follows:
3) The City waives connect of the above described property to the City sanitary sewer system prior to
granting of a development permit as required by PMC 16.06.010 until such time as the utility
services are available as defined in PMC 16.06.010 or the basis for the waiver as provided in PMC
16.06.050 ceases to exist.
4) The waiver is conditioned upon the undersigned making the following agreements and
acknowledgments with the City, which the undersigned does hereby freely and voluntarily make:
a) The undersigned agrees to provide the City of Pasco with all necessary Health District approvals
for the use of a septic tank system at the above referenced property;
b) The undersigned acknowledges that the granting of a sewer utility waiver does not exempt
him/her from any obligation that results from the formation of a Local Improvement District to
provide sanitary sewer and water to the undersigned's property;
c) The owners jointly and severally hereby (1) make, constitute and appoint the City as the owners'
true and lawful attorney in fact for them in their name, place and stead and as an irrevocable
proxy to sign a petition for the formation of a local improvement district or utility local
improvement district ("LID") hereafter to be formed by the City or its successors for the
improvement that will provide utilities available for the benefit of the real property describe
above and (2) waive their right under RCW 35.43.180 to protest formation of such LID for such
improvements. The property owners reserve and retain the right to object to the amount of the
LID assessment levied against the property and to appeal that assessment to the Franklin County
Superior Court;
d) The undersigned shall pay an equitable share of any private sewer utility extensions abutting the
undersigned's property;
e) This Agreement shall be a conveyance of an irrevocable interest in land and the owners do by
these presents convey to the City such limited interest in the property. The above covenants to
the City shall run with the land and be binding on the owner, on the undersigned, his/her heirs,
devisees, successors and assigns and all owners now or hereafter of the land above described, or
of any of said land described above;
f) A violation of any of the above covenants may be enjoined and the same enforced at the suit of
the City with attorney fees awarded to the substantially prevailing party;
g) The owners do hereby warrant that the persons named as "property owner" on the signature lines
below are all of the persons or entities having any interest in the property and that they have full
power to execute this Agreement.
UTILITY SERVICE WAIVER AGREEMENT (MF# USW2015-001)
This utility waiver and agreement has been approved by the Pasco City Council on day of
,2015.
Signature of Legal Property Owner(s)
STATE OF WASHINGTON )
as.
County of Franklin )
On this day personally appeared before me , to be known to
be the individual(s) described in and who executed the within and foregoing instrument, and
acknowledged that they signed the same as their free and voluntary act and deed for the uses and
purposes therein mentioned.
GIVEN under my hand and official seal this day of 2015.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
...............................................................................
This utility service waiver and agreement has been approved by the Pasco City Council on day
of 2015.
Dave Zabell, City Manager
STATE OF WASHINGTON )
ss.
County of Franklin )
On this day personally appeared before me, Dave Zabell, City Manager, to be known to be the
individual(s) described in and who executed the within and foregoing instrument, and acknowledged that
they signed the same as their free and voluntary act and deed for the uses and purposes therein
mentioned.
GIVEN under my hand and official seal this _ day of 2015.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
UTILITY SERVICE WAIVER AGREEMENT (Ivff'# USW2015-001)
AGENDA REPORT
FOR: City Council April 1, 2015
Workshop Mtg.: 4/13/15
TO: Dave Zabell, City Managerkpd( Regular Mtg.: 4/20/15
Rick White,
Community & Economic Development Director
FROM: Shane O'Neill, Planner I r7apo
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:
4/13: DISCUSSION:
4/20: MOTION: I move to adopt Ordinance No. > repealing
Ordinance #4215, vacating several no 11 alleys in the
Kurtzman's Addition and Acre Park neighborhoods and
retaining utility easements, and further, authorize publication
by summary only.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. On March 16, 2015 Council adopted Ordinance #4215 vacating a series of
north/south alleys in the Kurtzman's Addition and Acre Park Addition. The intent
of the ordinance was achieved however; language including the retention of utility
easements for natural gas, electric power, television and telephone facilities was
unintentionally missing from the ordinance.
B. In order to secure utility easements where the alleys previously existed, staff
requests that Council adopt a second ordinance which repeals and replaces
Ordinance #4215 while also securing utility easements.
4(g)
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WHEN RECORDED PLEASE RETURN TO:
City of Pasco
Attn: City Planner
525 North 3d
Pasco, WA 99301
ORDINANCE NO.
AN ORDINANCE REPEALING ORDINANCE # 4215 VACATING NORTH/SOUTH
ALLEYS IN KURTZMAN'S FIRST ADDITION AND ACRE PARK ADDITION AND RE-
ESTABLISHING THE VACATION OF SAID ALLEYS WITH RETENTION OF
EASEMENTS.
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, Ordinance #4215, passed on March 16, 2015, inadvertently left out easement
retention language for the alleys vacated in said ordinance; 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. That the City shall retain an easement and the right to exercise or grant easements
with respect to the vacated right-of-way as described in Section 1 above for the construction, repair and
maintenance of public utilities and services.
Section 3. That a certified copy of this ordinance be recorded by the City Clerk of the City of
Pasco in and with the office of the Auditor of Franklin County, Washington.
Section 4. 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 20th day of April, 2015.
Matt Watkins
Mayor
ATTEST:
APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
Exhibit Item: Kurtzman Alley Vacation flan
f i t Applicant: City of Pasco N
File #:VAC 2015-003
0'
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
FROM: Robert W. Gear, Fire Chief V ---
SUBJECT:
Aircraft Rescue and Firefighting Services
I. REFERENCE(S):
April 7, 2015
Workshop Mtg.: 4/13/15
Regular Mtg.: 4/20/15
Aircraft Rescue and Firefighting Services - Interlocal Cooperation Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
4/13: Discussion
4/20: MOTION: I move to approve the Interlocal Cooperation Agreement between
the City of Pasco and the Port of Pasco for Aircraft Rescue and
Firefighting Services.
III. FISCAL IMPACT:
2015 Revenue ......................$663,563 2015 Expenditures ..............$663,563
2016 Revenue ......................$699,996 2016 Expenditures ..............$699,996 Est.
IV. HISTORY AND FACTS BRIEF:
A) The City of Pasco has provided Aircraft Rescue and Firefighting (ARFF) Services
to the Port of Pasco at the Tri -Cities Airport since 1996. The current contract was
modified in 2005 to provide for the construction of the airport fire station and the
sharing of expenditures for said construction.
B) Changes are needed in the current airport contract to address ARFF staffing levels,
shared expenses and liability for actions. The contract is intended to be
revenue/expenditure neutral, it is expected that the City's expenses under the
revised agreement will be offset by increased payments from the Port.
V. DISCUSSION:
A) The current contract provides for staffing the ARFF truck with one firefighter. A
recent change in Labor and Industries regulations require that hot zone entries must
be in a team of two. This new requirement significantly reduces of the department's
ability to efficiently respond to aircraft related emergencies. The proposed contract
will provide for an ARFF driver/operator and an officer/supervisor on the truck
thereby reducing response times into a hot zone and increasing effectiveness and
safety of the firefighters and service to the public.
B) The proposed contract clarifies language concerning cost assignment between the
Port and the City. Changes were made to provide clear language on the
responsibilities and cost allocations occasioned by the sharing of people, facilities
and equipment.
C) The proposed contract also modifies language in Section 6, Indemnification and
Hold Harmless, relating to liability associated with services provided to the Port by
the City under this agreement.
4(h)
WHEN RECORDED RETURN TO:
City of Pasco, Washington
525 North 3rd
Pasco WA 99301
INTERLOCAL COORPERATION AGREEMENT
BETWEEN THE CITY OF PASCO AND THE PORT OF PASCO
FOR AIRCRAFT RESCUE AND FIREFIGHTING SERVICES
BY THIS INTERLOCAL COOPERATION AGREEMENT entered into this
day of 20_, between the City of Pasco, a Washington Municipal Corporation,
hereafter referred to as "City" and the Port of Pasco, a Washington Municipal Corporation,
hereinafter referred to as "Airport" or "Port" as appropriate.
WHEREAS, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, the Parties
hereto desire to enter into an agreement for the purpose of staffing, equipping and operating a
city/airport fire station at the Tri -Cities Airport, hereinafter referred to as "Airport." Said facility,
equipment and personnel will provide Aircraft Rescue and Firefighting (ARFF) services to the
airport as well as surrounding areas of the City.
WHEREAS, the Port owns, maintains, and operates the Airport under Chapter 14.08 RCW
and is empowered thereby to contract with any political subdivision of the State for the furnishing
of fire protection; and
WHEREAS, the City maintains a Fire Department and is able and willing to render aircraft
rescue and firefighting services at the Airport upon reasonable terms; and
WHEREAS, the City has provided such services in the past, and will continue to do so at
the Port's fire station facility.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is
agreed between the parties as follows:
1. Aircraft Rescue/Firefiahtina Services. The Port shall provide full access to the
existing fire station facility located at the Airport, and the City shall provide for aircraft rescue and
firefighting services for the benefit of the Port as provided in the Aircraft Rescue and Firefighting
Services Operating Plan, which is attached hereto and incorporated hereinby this reference as
Exhibit A. The Aircraft Rescue and Firefighting Services Operating Plan may be modified and
amended by written agreement between the Director of Airport and the City Fire Chief.
The Port recognizes the Fire Chief of the City as the Airport Fire Chief and hereby
delegates authority to the Fire Chief to operate the Aircraft Rescue and Firefighting program per
the operating plan. Further the Port recognizes that by delegating authority they still maintain
responsibility for providing aircraft rescue and firefighting services that comply with FAA part
139 and WAC 296-305, except for those responsibilities undertaken by the City under the aircraft
Rescue and Firefighting Services Operating Plan.
2. Service Payments.
above:
A. The Port agrees to pay to the City for services provided under Section 1
(1) For the calendar year the Port shall pay $663,563 which shall be
payable at the rate of $55,296.92 per month commencing on the 15th day of January
2015, and payable on the 15th day of each month thereafter.
(2) For the calendar year 2016, the Port shall pay $699,996 which shall
be payable at the rate of $58,333 per month commencing on the 15th day of January
2016, and payable on the 15th day of each month thereafter.
(3) Commencing January 1, 2017, the annual service payment above
shall be increased above the 2016 annual rate by the actual costs for personnel as
established through collective bargaining for the respective calendar year. During
protracted contract negotiations exceeding one year, the annual service payment
shall be increased by the Consumer Price Index issued by the US Department of
Labor for the West Coast Class B/C Cities. Once contract negotiations are finalized
the service payment shall be adjusted to the actual salaries. If the collective
bargaining agreement occurs after the first of any new calendar year, the sum shall
be revised accordingly and the City reimbursed by the Port for such retroactive
payments. The annual payments as determined shall be divided into 12 equal
monthly installments an payable on the 15th day of each month during the term.
B. For the period commencing January 1, 2015, and expiring on July 1, 2015,
the Port shall be entitled to a "capital contribution credit' in the sum of $7,289.50 applied
against the monthly payments for that period in the amount of $1,215.00 per month.
3. Provided Equipment and Facilities. The City shall provide the equipment and
facilities for the Airport fire station and the provision of fire suppression, emergency medical,
hazardous materials and rescue services as required under the Aircraft Rescue and Firefighting
Services Operating Plan, attached as Exhibit A.
The Port shall provide the equipment and facilities for the Airport fire station and the
provision of aircraft rescue and firefighting services as required under the Aircraft Rescue and
Firefighting Services Operating Plan, attached as Exhibit A.
Pasco/Port Airport Interlocal Agreement
Page 2
As a part of the Aircraft Rescue and Firefighting Services Operating Plan, each party shall
maintain an inventory of all equipment owned by that party having a value in excess of $5,000.
Such equipment identified in the inventory shall remain the property of that party who shall assume
full responsibility for its maintenance, repair, and replacement.
4. Fire Station Utility Costs. The Port shall provide water, sewer, natural gas,
electricity and garbage to the fire station. The City shall reimburse the Port sixty percent (60%)
of the sum expended by the Port for said utilities. All other utilities (e.g. telephone, cable) utilized
by the City shall be at the City's sole expense.
5. Term of Agreement. This Agreement shall commence on the 1 st day of January,
2015, for a term of fifty (50) years terminating on December 31, 2065, unless earlier terminated
as provided in Section 9 below.
6. Indemnification and Hold Harmless. The City agrees that it will protect, save,
defend, and hold harmless and indemnify the Port, its employees, volunteers, officers and agents
from any and all demand, claims, judgments, or liability for loss or damage arising from the
negligent acts or omissions, or intentional damage for injury caused by a City employer, agent,
volunteer or officer, except for losses or injuries occurring in whole or in part as a result of the
negligence of the Port, its agents, officers, volunteers or employees.
The Port agrees that it will protect, save, defend, and hold harmless and indemnify the City,
its employees, volunteers, officers and agents from any and all demand, claims, judgments, or
liability for loss or damage arising from the negligent acts or omissions, or intentional damage for
injury caused by a Port employee, agent, volunteer or officer, except for losses or injuries occurring
in whole or in part as a result of the negligence of the City, its agents, officers, volunteers or
employees.
Port shall name the City as an additional insured on its airport liability policy covering the
service to be provided by the City to the Port upon the Airport property. Port shall furnish the City
proof of such an endorsement within 30 days of the date of this Agreement. In the event the policy
of insurance providing such coverage is cancelled or amended substantially limiting the coverage
available for the City as an additional insured under the Port's policy, the Port shall provide the
City notice within 3 days of the receipt of notice by the Port of such cancellation or modification
to the policy. Cancellation or modification of the policy as provided above, shall be cause for
early termination of this Agreement by the City as provided in Section 9 below, however, such
termination shall not occur prior to the effective date of the cancellation or modification of
coverage as described above, and such early termination shall not in any event occur earlier than
90 days from the date of notice to the City of cancellation or modification to the policy.
7. Waiver of Subrogation. Port and City hereby mutually release each other from
liability and waive all right of recovery against each other for any loss or damage to property from
perils insured against under their respective property insurance contracts, including any extended
coverage endorsements thereto; provided, that this Section 7 shall be inapplicable if it would have
the effect, but only to the extent that it would have the effect of invalidating any insurance coverage
of Port or City.
Pasco/Port Airport Interlocal Agreement
Page 3
8. Discrimination Unlawful. Neither party shall discriminate against any employee
or applicant for employment because of race, color, religion, sex or national origin.
9. Early Termination. In the event of default of the terms of this Agreement, either
party may cause the early termination of this Agreement for breach of this Agreement upon giving
at least thirty (30) days' written notice of default. The notice shall set forth the cause for
termination and the compliance period. In the event the default cannot be cured within thirty (30)
days, the defaulting party shall be provided a reasonable time within which to cure the default.
The Agreement shall be terminated at the end of the compliance period, if the cause for termination
has not been cured. PROVIDED, and notwithstanding any other provision herein to the contrary,
the City will immediately upon notification commence to cure any default which could result in
the loss of the Port's FAA certification and shall complete correction as soon as possible thereafter.
Either party may at any time cause this Agreement to terminate without cause upon at least two
(2) years' advance written notice to the other party prior to the intended date of termination.
10. Maintenance and Repair of Airport Station. The City shall provide all
maintenance and repair services reasonably necessary for the proper maintenance of the fire station
facility. The Port shall reimburse the City forty percent (40%) of the annual sum expended by the
City for said purposes; provided, however, each party shall pay one hundred percent (100%) of
any repairs required as a result of negligent acts of its employees, agents, contractors or
representatives.
To minimize the cash flow burden on the Port, the Port shall provide the City with an
invoice for "utilities" and "maintenance and repairs" on a monthly basis. The City shall pay to the
Port sixty percent (60%) of the actual cost.
11. Equipment Maintenance and Testing. The City shall provide regular checks,
maintenance and certification testing on aircraft rescue and firefighting equipment and apparatus
in compliance with WAC 296-305-04507. The Port shall reimburse the City for the cost of all
parts and supplies for all preventative maintenance, repair and testing work performed on
equipment owned by the Port, and for the entire costs of any repair necessarily performed by a
third party on said apparatus to maintain said equipment and apparatus in operational condition.
12. Training. The City shall provide the training necessary to meet the goals and
objectives of aircraft rescue and firefighting services incident to fire suppression services at the
Port's Airport. The Port shall cooperate and support these services by permitting and facilitating
practice drills, planning exercises and airport familiarization.
13. Renegotiation. This Agreement or any section thereof may be renegotiated by the
parties and any agreement as a result of such renegotiation shall be by written amendment to this
Agreement and signed by the parties.
14. Interlocal Cooperation Act Provisions. All vehicles, equipment, inventory and
any improvement thereon or fixtures purchased by the City, shall remain the sole property of the
City. All vehicles, equipment, inventory and any improvements thereto and nonfixture
Pasco/Port Airport Interlocal Agreement
Page 4
improvements to the premises purchased by the Port, shall remain the sole property of the Port.
All personnel utilized by the City in the fulfillment of this Agreement shall be solely within the
supervision, direction and control of the City and shall not be construed as "loan servants" or
employees of the Port. The City Manager of the City of Pasco, Washington, shall be designated
as the Administrator of this Interlocal Agreement.
No independent special budget or funds are anticipated, nor shall be created without the
prior written agreement of the parties. It is not intended that a separate legal entity be established
to conduct this cooperative undertaking, nor is the acquiring, holding, or disposing of real or
personal property other than as specifically provided within the terms of this Agreement.
A copy of this Agreement shall be filed with the Franklin County Auditor's office or posted
on the City or Port's website as required by RCW 39.34.040.
15. General Provisions. For the purpose of this Agreement, time is of the essence.
This Agreement is governed, construed and enforced in accordance with the substantive
laws of the State of Washington. Should any dispute arise concerning the enforcement, breach or
interpretation of this Agreement, venue shall be placed in Franklin County, Washington, and the
prevailing party shall be entitled to its reasonable attorney fees and costs as additional judgment.
In the event of a dispute regarding the enforcement, breach, default, or interpretation of
this Agreement, the City Manager and Port Manager, or their designees, shall first meet in a good
faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of
the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with
both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin
County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney
fees and costs as additional award and judgment against the other.
16. Termination of Former Agreement. All prior Agreements between the parties
for aircraft rescue and firefighting services to be provided at the Airport premises are hereby
superseded upon the execution of this Agreement and terminated.
17. Responsibility for Actions of Agents, Employees, or Representatives. No agent,
employee, servant or representative of the City shall be deemed to be an employee, agent, servant
or representative of the Port for any purpose and vice versa. Each party shall be solely and entirely
responsible for its acts and for the acts of its agents, employees, servants, subcontractors or
otherwise during the performance of this Agreement except as may be set forth herein.
Pasco/Port Airport Interlocal Agreement
Page 5
DATED this day of
CITY OF PASCO:
Matt Watkins, Mayor
ATTEST
Deputy City Clerk
,to
ommission President
ST
f, r
Se etary
2015.
APPROVED AS TO FORM
Leland Kerr,
City Attorney
APP S TO FORM
Dan F. Hult'e
Attorney for Port of Pasco
Pasco/Port Airport Interlocal Agreement
Page 6
STATE OF WASHINGTON)
as.
County of Franklin
On this day personally appeared before me MATT WATKINS, Mayor of the City of Pasco,
Washington, to be known to be the individual described in and who executed the within and
foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and
deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of 2015.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
STATE OF WASHINGTON)
ss.
County of Franklin )
On this day personally appeared before m WY\ .oft Jo r* A- e P f akco,
to be known to be the individual des 'be in d who executed the within and foregoing
instrument, and acknowledged that he! greed the same as his free and voluntary act and deed for
the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of 2015.
.4n
NOTARY PUBLIC in and for the State of Washington
Residing at: L C3-!
My Commission Mpires: `�-o
Pasco/Port Airport Interlocal Agreement
Page 7
TRI -CITIES AIRPORT LIFE SAFETY OPERATING PLAN
I. GENERAL
The Port of Pasco, hereby referred to as the PORT is required to furnish ARFF services in
accordance with the applicable sections of the Federal Aviation Administration (FAA)
Part 139 and WAC 296.305. The Port contracts for these services with the City of Pasco
as defined in the interlocal agreement dated
The City of Pasco (City) hereby referred to as CITY agrees to provide Aircraft Rescue
and Firefighting and other services in accordance with the interlocal agreement
dated and pursuant to this Operating Agreement, and in
compliance with Part 139 and WAC 296-305 and other relevant documents (NFPA,
FAA, WAC etc.).
H. PURPOSE
A. To provide well -supervised, qualified, and professional aircraft rescue and
firefighting (ARFF), structural fire suppression, emergency medical, technical rescue,
hazardous materials, and incident management services at the Tri -Cities Airport.
B. To provide aircraft rescue and firefighting services in accordance with FAA Part 139,
WAC 296-305, and the applicable sections of NFPA 402, with consideration given to
the procedures recommended in FAA Advisory Circulars, International Fire Service
Training Association (IFSTA) and the National Fire Protection Association (NFPA).
C. To maintain quality and responsiveness in the delivery of ARFF and other services.
D. To identify and delineate the roles and responsibilities of the PORT and CITY in
administration, management and implementation of the interlocal agreement and
service delivery.
III. MANAGEMENT AND ADMINISTRATION OF THE TRI -CITIES AIRPORT
OPERATING PLAN
The Director of the Tri -Cities Airport and the Fire Chief of the City of Pasco Fire
Department mutually agree that services provided as listed above will be organized and
provided as described in this plan.
A. Management and Administration of ARFF Program
1. Standard practice provides for the designation of an airport Fire Chief. The CITY
Fire Chief is designated as the airport Fire Chief and delegated the associated
roles and responsibilities. The CITY Fire Chief will work under the direction of
the Director of Airports.
March 2015 Page 1
2. ARFF services to the airport will be managed by a qualified chief officer of the
CITY Fire Department under the direction of the airport Fire Chief. This position
will be referred to as the ARFF program manager.
3. Day to day program implementation and shift supervision of CITY personnel will
be provided by the on -duty shift Battalion Chief as designated by the Fire Chief.
B. Inter -Agency Communications
1. Matters related to modification or intemretation of this agreement should be
mutually decided between the Director of Airport and the Airport Fire Chief.
2. Matters related to the management of this agreement will be mutually decided
between the Deputy Director of Airports and the ARFF Program Manager, who is
designated by the Airport Fire Chief.
3. Matters related to the implementation of this agreement will be mutually decided
between the on -duty Shift Battalion Chief or on -duty ARFF Officer and the
Deputy Director Airports.
4. Emergent tactical decisions will be made by the on -duty incident commander.
C. Automatic/Mutual Aid Agreements
1. The CITY and PORT will individually, maintain local automatic/mutual aid
agreements/contracts with surrounding cities, Fire Districts and other Non -Profit
Corporations (Tri -Cities Hazardous Materials Response Team) for response to
major incidents.
2. Franklin County Emergency Management will maintain associated
plans/agreements that will at a minimum, define policies, procedures, resources,
and personnel information.
D. Emergency/Disaster Planning
1. Emergency Planning is the responsibility of the PORT as required under FAA
Regulation 139.201, Subpart C. The CITY as the provider of ARFF and other
emergency services will assist the PORT in the emergency planning and related
exercise development.
E. Committee Representation
1. CITY representation on airport committees may be provided as requested by the
PORT and will be determined by the Airport Fire Chief.
2. PORT representatives may be invited to participate in the testing process of the
Fire Captain and Lieutenant positions at the CITY.
3. The Deputy Director of Airports may have input into the selection of the ARFF
Program Manager.
F. Maintenance of Records
1. The CITY will maintain current and past records and documentation of fire
prevention, training, and operational activities as required by FAA regulations,
CITY standard procedures, Fire Department standard operating guidelines, and
PORT procedures for CITY employees. Such records will be made available for
periodic inspection as required pursuant to public records legislation.
March 2015 Page 2
2. The CITY will participate in the periodic inspection and evaluation of the airport
and tenant facilities, equipment and operations by the FAA.
3. The CITY will maintain records of inspections, maintenance and repairs of PORT
owned apparatus and equipment.
4. The PORT will maintain records of security and required specific training of CITY
personnel.
5. The PORT will maintain records of training provided by the fire department to
airport employees and vendors.
G. Safety Insuections and Other Pro¢rams
1. Fire Code Enforcement
i. CITY is responsible and authorized to administer and enforce all building and
life safety codes as adopted by the CITY for all property, businesses, and
operations within the jurisdiction. Within the CITY inspections are done by
staff of the Community and Economic development, inspection services
department. Personnel assigned to ARFF will accompany the Building
Services Department in code enforcement inspections of airport property and
other occupancies located on airport property.
2. Fuel Storage. Handling, and Dispensing
i. ARFF personnel will inspect all fuel storage, handling, and dispensing
facilities as determined, or at least quarterly, for compliance with the Uniform
Fire Code and FAA regulations. The CITY will work in cooperation with
operators of airport fuel storage, handling and dispensing facilities to insure
compliance. Fire prevention activities at the airport will be conducted
according to the policies and procedure of the CITY under the direction of the
airport Fire Chief. These activities will be scheduled with the Deputy
Director of Airports.
ii. CITY personnel will inspect all aircraft refueler vehicles as necessary and at
least quarterly for compliance with the FAA and the Uniform Fire Code
requirements.
3. Aircraft Refueler Training
i. ARFF personnel may at the discretion of the Deputy Director of Airports, and
the ARFF Program Manager, provide operating safety and fire prevention
classes for aircraft refueler employees of Fixed Base Operators and Refueler
Operators. The PORT is responsible for all costs, billing and records retention
associated with these training classes.
ii. The classes may be scheduled based upon the availability of resources and
time commitments.
4. Airport Employee Safety Training
i. ARFF personnel may at the discretion of the Deputy Director of Airports and
the ARFF Program Manager, provide safety training including, CPR and Fire
Extinguisher training classes to airport employees and air carrier or Fixed
Based Operators. The PORT is responsible for all costs, billing and records
retention associated with these training classes.
ii. The classes may be scheduled based upon the availability of resources and
time commitments.
March 2015 Page 3
H. Aimaratus and Eauiament
1. ARFF Apparatus
i. The PORT is responsible for providing the number and type of ARFF
apparatus to be operated by CITY personnel required by FAR 139.317 for
index classification. The apparatus provided will meet the requirements of the
latest edition of NFPA 1901 and FAA Advisory Circular # 150/5220-10E and
shall include a full complement of ARFF specific equipment, rescue tools, and
fire suppression agents. Additionally, the PORT will provide one ARFF fire
apparatus with at least 1,500 gallon water capacity as a reserve unit.
ii. The CITY is not obligated to provide ARFF specialized apparatus, or other fire
apparatus for use on or by the airport, except as specified in this agreement.
iii. Additional ARFF vehicles and support vehicles may be provided for use on
the airport by agreement of the Airport Director and the Airport Fire Chief.
2. ARFF Anoaratus Maintenance
i. In compliance with WAC 296-305-04507, the CITY will service, maintain,
and repair ARFF apparatus and equipment. Regular apparatus and equipment
preventive maintenance, repairs and testing will be completed by certified
Emergency Vehicle Technicians or by authorized vendors under contract with
the CITY.
ii. The Director of Airports or Deputy Director Airport must provide written
approval prior to any purchase or repair made directly by the CITY which
exceeds $1000.00.
3. ARFF Apparatus Replacement
i. The CITY and PORT will regularly review the serviceability and performance
of airport ARFF apparatus during the annual budget development process.
The Airport Fire Chief may, at his discretion, discontinue the use of an ARFF
apparatus if in the opinion of the ARFF Program Manager, or designee, the
vehicle does not meet safety or serviceability standards as defined by Pasco
Fire Department Standard Operational Guideline #30-8.2.1 Out of Service
Criteria for Apparatus, as attached and incorporated herein by as Exhibit Al
4. ARFF Fire Suppression Agents
i. Fire suppression agents utilized at the Airport will meet the requirements of
FAR Part 139.317 and NFPA 11.
ii. ARFF fire suppression agents will be purchased through the PORT purchasing
procedures.
iii. The PORT will be responsible for maintaining vendor contracts for supply and
testing.
iv. The PORT will maintain appropriate quantities of each type of agent to satisfy
FAA requirements, training, and emergency needs.
v. Costs for annual foam testing as defined by NFPA 11, section 12.6 shall be
borne by the PORT.
March 2015 Page 4
5. ARFF Personal Protective Equipment (PPE)
i. The PORT will be responsible for the supply and maintenance of a number of
personnel protective firefighting ensembles equal to 15% of the CITY fire
department line staffing or as agreed to by the Director Airports and the city
Fire Chief.
ii. Personal protective clothing and equipment will meet, or exceed NFPA
standards at the time of purchase.
iii. Personal protective ensembles shall include: coat, pants, boots, helmet, gloves,
SCBA face piece, and flash -hood.
iv. Personal protective equipment shall be maintained in accordance with WAC
296-305 and manufacturer's instructions. PORT will be responsible for costs
of laundering and repair of designated PPE. CITY is responsible for routine
inspection.
v. CITY will be responsible to conduct a PPE hazard risk analysis as required by
WAC 296-305 for hazards encountered under this operating plan.
6. Fuel
i. PORT will provide all fuel for ARFF equipment and apparatus.
7. Firefighting Equipment
i. Fire Hose
a. The PORT will provide sufficient amounts of fire hose to meet the NFPA
1901 and FAR 139.317 compliment for each "in-service" ARFF
apparatus.
b. The PORT will provide a reserve hose inventory that is equal to the full
complement of one ARFF apparatus.
c. The CITY will test all hose annually and maintain records of such testing
(see above).
ii. Fire Service Ladders
a. The PORT will provide enough fire service ladders to meet the NFPA
1901 and FAR 139.317 compliment for each "in-service" apparatus.
b. The CITY will test all fire service ladders annually and maintain records of
such testing (see above).
iii. Specialized Rescue Equipment
a. The port will provide specialized rescue equipment for ARFF operations
as defined and or required by the FAA Circular 150/5210-14B and NFPA.
8. Self -Contained Breathing Apparatus (SCBA)
SCBA assembly includes: bottle, harness, pack frame, primary and secondary
regulators, hoses and facepiece assembly.
i. The PORT will maintain an inventory of six SCBA's and six spare SCBA
bottles that are compatible with those of the Pasco Fire Department and
meeting FAA Circular 150/5210-14B.
ii. The PORT will pay a proportional fee [annual Southeastern Washington Air
Group (SEWAG) assessment to the City of Pasco Fire Department divided by
the total number of SCBA contracted multiplied by 6 (to get the cost per
SCBA)] to the CITY for the annual maintenance and testing of the SCBA.
iii. The CITY will perform routine inspections and maintenance of the SCBA.
March 2015 Page 5
9. Fixed Asset Equipment
i. A list of PORT provided fixed asset equipment with a value exceeding $5,000
is provided in Exhibit A2 as attached and incorporated herein by as Exhibit
A2 and may be modified as equipment is purchased or excessed.
ii. Equipment will be excessed by mutual agreement of the Director of Airports
and the Airport Fire Chief.
iii. The cost for replacement of aged or end of service life equipment/appliances
(not related directly to the ARFF program) shall be borne at a percentage of
60% CITY and 40% PORT. The cost of replacement for damaged equipment
shall be determined by the Director of Airports and the Airport Fire Chief.
10. Consumable Facility Supplies
i. The CITY will provide all consumable facility supplies utilized at the fire
station. Consumable facility supplies are defined as non -controlled
expendable items and housekeeping supplies and equipment. The PORT shall
reimburse the city for 40% of the cost of expendable supplies.
IV. COMMUNICATIONS
A. Fire Communications and Alarm Systems
1. CITY will provide for the installation, maintenance, replacement, and upgrading
of all alarm, radio, computers, network devices, and communications equipment
necessary for CITY fire agency resource communications including; dispatch
computers, mobile and portable radios, mobile data terminals and pagers in CITY
owned apparatus. The cost of any equipment and the cost of installation and
maintenance for such equipment in PORT owned apparatus or fire stations will be
paid by the PORT.
2. The CITY and PORT will jointly agree on communications vendors and
maintenance technicians in order to assure continuity of communications systems.
B. Airport Specific Communications and Alarm Systems
1. PORT will provide for the installation, maintenance, replacement, and upgrading
of all station alarm, radio, and equipment necessary for communications with the
Air Traffic Control Tower (ATCT), aircraft, and airport Administration.
2. PORT shall provide such communications equipment as required by the CITY for
CITY locations and units used regularly in command or support of ARFF
operations at the airport, including but not limited to, Communications Center,
command vehicles, and typical first alarm assignment vehicles. PORT may, at its
discretion, provide such communications equipment as requested by CITY for
other locations and units providing support to ARFF operations.
3. Use of airport administrative, aircraft, DEF (Discreet Emergency Frequency), and
ATCT frequencies by CITY must be approved by the airport Fire Chief, Director
Airports, or designee, and by the FAA as required by regulation.
March 2015 Page 6
C. Airport. City and FAA Radio Procedures
1. CITY, PORT and FAA will establish written operational procedures for routine
and emergent radio use. All emergency radio communications will be conducted
according to the procedures developed, and in accordance with relevant
regulations.
2. FAA Letter of Agreement, as attached and incorporated herein by as Exhibit A3.
V. TRAINING PROGRAMS
A. Minimum Qualifications
1. CITY Personnel assigned to ARFF duty at the airport will meet the minimum
qualifications as determined by the Airport Fire Chief in accordance with WAC
296-305 and NFPA 1003. These qualifications will include:
i. IFSAC Firefighter 1
ii. IFSAC Hazardous Materials Operations
iii. Washington State Department of Health EMT -13
iv. NFPA 1006 Vehicle and Machinery Rescue — Operations
v. ARFF Certification
vi. Emergency Vehicle Incident Prevention Certification
vii. NWCG Firefighter 2
viii. SIDA
ix. Airport Movement Endorsement
x. NFPA 1006 High and Low Angle Rope Rescue Awareness
xi. NFPA 1006 Trench Rescue Awareness
xii. NFPA 1006 Confined Space Awareness
B. ARFF Certification (Initial)
1. All CITY personnel in ARFF assignments will meet the minimum training and
certification standards of CITY, WAC 296-305-05013, NFPA 402, NFPA 1003
and FAR 139.319.
2. Initial ARFF certification training shall be conducted by a third party agreed upon
by the ARFF program manager and the Deputy Director of Airports. The training
shall be accredited.
3. The training shall be commensurate with nationally recognized industry standards
and identified local needs.
4. PORT will pay for all costs associated with initial ARFF Certification training for
a number of individuals as agreed between the Airport Director and the city Fire
Chief.
C. Continuing Education/Training
1. PORT will provide the annual live fire re -certification for 25% of the CITY line
firefighting personnel.
2. CITY will provide all continuing education required training (except Live Fire
Drill) that is required by the authority having jurisdiction.
3. Training will be commensurate with recognized local, regional and national
standards and/or best practices.
March 2015 Page 7
4. CITY will pay for costs of training materials, props, and other associated fees for
continuing education training/certifications (except Live Fire Drill).
5. CITY will maintain records of all such training. Records may be reviewed by
Deputy Director of Airports upon request.
6. PORT will provide such specialized training as SIDA, Airport Movement Area
Endorsement, etc. as required by PORT. Training will be pre -scheduled with the
CITY ARFF Program Manager.
1. In accordance with WAC 296-305-05502 table 2, and City of Pasco
Administrative Orders the CITY shall provide additional Federal and State
mandated applicable non -industry specific training to personnel assigned to ARFF
duty.
2. The PORT will provide training programs that meet the specific identified needs
of the PORT. Such training may include, but is not limited to Port of Pasco
Policies and Procedures, etc.
E. Trainin¢ Costs
1. Unanticipated costs for specialized ARFF training or PORT mandated training
shall be borne by the PORT. Unanticipated costs may include manpower costs
(including overtime), increases in tuition fees, travel costs, etc.
2. Training costs for classes/courses not identified shall be negotiated between the
Airport Fire Chief and the Director of Airport.
VI. RESPONSE TO EMERGENCIES AT THE AIRPORT
A. CITY will provide in addition to ARFF specific resources described in this agreement,
additional fire, medical, rescue, support, hazardous materials and incident
management resources to emergent situations at the airport in accordance with WAC
296-305, NFPA 402, FAR part 139.319 and City of Pasco Standard Operating
Guidelines. CITY will determine the amount and type of resources required for each
situation based upon incident type and complexity needs. However, in no case will an
ARFF response be less than that identified in NFPA 402.
1. Fire Suppression
i. The CITY will provide well-qualified and well-trained personnel for response
to and suppression of fire emergencies that occur at the Tri -Cities Airport.
Such responses may include aircraft, structural, wildland, vehicle and/or other
property-
ii.
ropertyii. Responses shall be made in accordance with City of Pasco Fire Department
Standard Operating Guidelines under the direction of the Airport Fire Chief or
his designee.
2. Medical Emergency
i. The CITY will provide well-qualified and well-trained basic and advanced life
support personnel for response to medical emergencies that occur at the Tri -
Cities Airport.
March 2015 Page 8
ii. Responses shall be made in accordance with City of Pasco Fire Department
Standard Operating Guidelines under the direction of the Airport Fire Chief or
his designee.
3. Technical Rescue
i. The CITY will provide well-qualified and well-trained personnel for response
to technical rescue emergencies that occur at the Tri -Cities Airport. Such
responses may include confined space, trench, vehicle and machinery,
structural collapse, and high and low angle rope rescue.
ii. Responses shall be made in accordance with City of Pasco Fire Department
Standard Operating Guidelines under the direction of the Airport Fire Chief or
his designee.
4. Incident Support
i. The CITY will provide well-qualified and well-trained personnel for incident
support response to emergencies that occur at the Tri -Cities Airport. Such
incident support functions may include logistics, planning, finance and
operations. AIRPORT will be responsible for all extraordinary actual costs,
utilizing the most current contract service fee formula.
ii. Responses shall be made in accordance with City of Pasco Fire Department
Standard Operating Guidelines under the direction of the Airport Fire Chief or
his designee.
5. Hazardous Materials
i. The CITY will provide well-qualified and well-trained personnel for all
reported hazardous materials spills on airport. ARFF personnel will take
necessary actions to control or mitigate the hazard and standby for responsible
party cleanup. PORT will be responsible for all actual costs, utilizing the
most current contract service fee formula, if a Spiller is not identified and
provides reimbursement.
ii. Responses shall be made in accordance with City of Pasco Fire Department
Standard Operating Guidelines under the direction of the Airport Fire Chief or
his designee.
6. Incident Managcment
i. The CITY will provide well-qualified and well-trained personnel to fill
incident management positions meeting the requirements of the National
Incident Management System (NIMS) as required by WAC 296.305 and the
FAA for all emergent incidents on the airport. Responses shall be made in
accordance with City of Pasco Fire Department Standard Operating
Guidelines under the direction of the Airport Fire Chief or his designee.
VII. AIRPORT STATION STAFFING LEVELS
A. ARFF Minimum Staffing
1. CITY will provide ARFF qualified personnel who will operate out of Fire Station
82 in accordance with the shift staffing level as defined by the Airport Fire Chief.
CITY will ensure that the staffing required is maintained at all times, except as
otherwise may be periodically necessary (due to unforeseen emergencies). Any
temporary reduction in normal staffing that affects the certification requirements
March 2015 Page 9
as defined by FAR 139.319 requires immediate notification of the Deputy
Director of Airports and the Airport Fire Chief. Full staffing as defined by FAR
139.319 will be reinstated as quickly as possible.
2. The Airport Fire Chief (with concurrence of the Deputy Director of Airports) will
determine specific staffing levels for individual ARFF units pursuant to FAR
139.319, WAC 296-305 and NFPA 402.
B. Regular Daily Staffing
1. The following table defines the regular daily staffing levels of =personnel to
Fire Station 82:
Classification
Minimum Skills Qualification
—Employee
Station Commander
ICTS, EMT, IFSAC FFI, ARFF, HMOps, VMOps, CSOps,
TrOps, NWCGFF1
Station Lieutenant
ICT5, EMT, IFSAC FF1, ARFF, HMOPS, VMOps, CSOps,
TrOps, NWCGFF1
Paramedic
EMT -P, HMOps, VMOps, CSOps, TrOps, NWCG FFII
Firefighter
EIVITHMOPS,VIVIOP5,C50psTrOps,NWCGFFII
Firefighter
EMT, HMO , VMO s, CSOPS,TrOps, NWCG FFII
Firefighter
EMT, HMOps, VMOps, CS Ops, TrOps, NWCG FFII
'Not-.Staffing"d Sidlssts be increased due to shift staffing levels
ICT5 = Incident Command Qualification Type 5 Incident
EMT =WA. State Emergency Medical Technician
EMT-P=WA. State Emergency Medical Technician - Paramedic
IFSAC FF1= International Fire Service Accreditation Committee Firefighter 1
VMOps = NFPA 1006 Qualifications in Vehicle and Machienery Rescue Operations
HMOps= NFPA 472 Qualifications in Hazardous Materials Operations
CSOps = NFPA 1006 Qualifications In Confined Space Reswe - Operations
Trops = NFPA IOO6 Qualifications in Trench Rescue - O rations
NWCG FFII = National Wildland Coordinating Group Qualification Firefighter 2
C. ARFF Oualified Relief
1. In order to provide sufficient personnel to maintain staffing levels in accordance
with FAR Part 139.319 and NFPA 403, PORT and CITY will jointly determine
the number of additional CITY personnel that will be trained and certified to
perform ARFF functions.
D. Extraordinary Operations
1. CITY and PORT agree to cooperate in providing additional ARFF personnel to
staff relief apparatus during times of extraordinary airport operations.
Extraordinary operations may include, but are not limited to temporary increases
in airport index, increased security alerts, and others as defined by NFPA 402.
An increase in ARFF staffing must be approved by the Airport Fire Chief and
Deputy Airport Director or their designees. PORT will pay for manpower costs
of extraordinary operations.
March 2015 Page 10
VIII. INCIDENT COMMAND
A. The CITY utilizes the National Incident Management System (NIMS) as required by
HSPD#5, WAC 296-305, and NFPA 1561, for incident management. The on -scene
CITY incident commander will have authority and control over an incident until such
time as the incident scene is stabilized and declared safe. The CITY Incident
Commander will establish contact and work in collaboration with the airport
authorities and other appropriate responders during incident operations.
B. The PORT will provide appropriately trained agency representation to the incident
command post.
C. The PORT will provide or approve a Public Information Officer who will serve as the
lead media contact for any evolving incident on the airport, and/or any aviation
incidents that require ARFF response.
IX. AIRCRAFT REMOVAL/WRECKAGE PRESERVATION
A. CITY personnel will take reasonable precautions to preserve aircraft wreckage for
post incident investigation.
B. PORT will be responsible for security and removal of aircraft wreckage. The CITY
will assist the PORT as needed and capable.
X. AMENDMENT
It is the intent of the parties, as regulations, standards, operating procedures and laws, the
parties may amend this Operating Plan and such amendments shall be effective upon
written approval of the Director of the Tri -City Airport and the Fire Chief of the City of
Pasco Fire Department, or their designees, and its incorporation as part of this Operating
Plan.
XI. DISPUTE RESOLUTION
In the event of a dispute in regards to the amendment, interpretation, or performance of
this Operating Agreement, such dispute shall be resolved pursuant to Section 15 of the
Interlocal Cooperation Agreement Between the City of Pasco and the Port of Pasco for
Aircraft Rescue and Firefighting Services entered into on the day of
, 2015, and as may thereafter be amended.
March 2015 Page 11
Exhibit Al
Fi aew oe
City of Pasco Fire Department
STANDARD OPERATING GUIDELINES
Subject:
Out of Service Criteria for Apparatus
Number:
30-8.2.1
Date Issued:
August 5, 2010
Revised Date:
May 27, 2011
Approved by:
D
PURPOSE
To provide guidance to fire department personnel in placing apparatus out of service. This
ensures that fire apparatus and motorized vehicles are safe to operate by identifying a list of
major defects that render an apparatus unsafe to operate
SCOPE
This guideline is applicable to all line personnel in the Pasco Fire Department
OBJECTIVE STATEMENT
This guideline is established to provide a foundational basis for determining whether a
mechanical deficiency of an apparatus merits an immediate withdraw from service, or whether
the unit can be placed into a scheduled maintenance rotation.
RESPONSIBILITIES
The Fire Chief and/or representative is responsible for:
■ Ascertaining by observation and/or other means that this guideline is being followed.
■ Immediately correcting any deficiency that may occur.
The Shift Commander and/or representative is responsible for:
■ Ascertaining by observation and/or other means, that this guideline is being followed.
Company Officers are responsible for:
■ Ensuring that all fire personnel are familiar and compliant with this SOG.
March 2015 Page 12
Exhibit Al
INSTRUCTIONS FOR DECLARING APPARATUS OUT OF SERVICE
A. The operator of any apparatus or motorized vehicle shall have the authority to place an
apparatus or vehicle out of service whenever one or more of the following defects are
discovered upon inspection of a vehicle.
1. A failure of the braking system that results in the vehicle being difficult or impossible to
stop safely, including any major air system leaks.
2. A failure of the windshield wipers during inclement weather. (Failure of wipers on a
sunny day would not justify placing an apparatus out of service.)
3. A failure of the headlights or tail -lights during a period of darkness or inclement
weather.
4. A failure of the brake lights at any time.
5. One or more flat tires.
6. Tires with cords showing, major bulges or irregularities
7. The inability to engage or operate the fire pump.
8. A failure of the hydraulic system or other component that prevents the operation of the
aerial device.
9. Any significant oil leak.
10. A failure of the power steering system.
11. Failure of the coolant system that causes leakage or the engine to overheat.
12. Battery, alternator, or electrical system failure that prevents the vehicle fiom being
started, or results in the discharge of the electrical system.
13. Any loss of a fan belt.
14. Failure of the mobile two-way radio if a portable is not available to replace the mobile
radio.
15. Any defect that if not immediately corrected would cause further damage to the
apparatus or vehicle, or would endanger the lives of the general public and/or the
personnel assigned to the vehicle.
B. When an apparatus is placed out of service for any reason the Station Officer and the Shift
Commander shall be immediately notified by the best available method. An apparatus and
equipment discrepancy report will be completed and faxed to the Department headquarters as
soon as possible. Dispatch will be notified. A sign will be placed on the apparatus or vehicle
and the on -coming station/shift officer notified in the morning tum -over briefing.
C. In the event that a vehicle needs immediate attention (catastrophic failure, towing, etc.), the
Shift Commander shall be notified by the most expedient means available. The Shift
Commander shall immediately notify City Shops (545-3463 during business hours and 531-
9919 after business hours) for instructions. The Shift Commander should provide a brief
description of the symptoms or any causal evidence leading to the event to the City Shops.
March 2015 Page 13
Exhibit A3
INVENTORY
This is an inventory of Port and City owned equipment at station 82 with a value exceeding
$5,000.
1.
2.
3.
4.
5.
This will be completed and updated annually.
March 2015 Page 14
Exhibit A3
Tri Cities Airport Traffic Control Tower, Port of Pasco, and Port of Pasco Aircraft Rescue and
Fire Fighting
LETTER OF AGREEMENT
Effective: March 1, 2015
SUBJECT: Aircraft Rescue and Firefighting Communications - Operating Procedures
1. PURPOSE: This agreement establishes operating procedures for direct radio communication
between the Port of Pasco Aircraft Rescue and Fire Fighting Incident Commander (ARFF IC),
an aircraft flight crew, and the Tri Cities Airport Traffic Control Tower (PSC ATCT).
2. SCOPE: The procedures outlined herein describe the authorization, limitations and use of a
Discrete Emergency Frequency (DEF) by air crews, ARFF IC and PSC ATCT during an aircraft
emergency. This Letter of Agreement (LOA) is used in conjunction with, and is subordinate to,
the Tri Cities ATCT, Pasco Fire Department, Franklin County Emergency Dispatch, and Port of
Pasco LOA, Subject: Airport Emergency Service.
3. RESPONSIBILITIES: Each party to this agreement must ensure compliance with the
provisions contained herein by personnel under their authority. Initial and recurrent training of
involved personnel is also the responsibility of each signatory agency.
4. DEFINITIONS: The following definition applies to procedures outlined below:
a. Discrete Emergency Frequency (DEF): A DEF is a frequency designated for direct
communications between the ARFF IC, flight crew, and Air Traffic Control during an
aircraft emergency.
b. ARFF IC: The Port of Pasco Fire Department official responsible for communications
with Airport Traffic Control and flight crew within the context of this letter of agreement, as
designated by Port of Pasco internal procedures.
c. Emergency Aircraft Identification (ACID): The authorized identification of the aircraft
experiencing difficulty to which ARFF response has been initiated. Communications to the
flight crew of the involved aircraft should normally start with the aircraft identification, i.e.,
airline company name and flight number, civil registration number, military call sign, etc.
5. PROCEDURES:
a. The Port of Pasco:
(1) Must comply with the communications requirements outlined in LOA, Subject:
Airport Emergency Service, using the appropriate control frequency and remaining on
such frequency until directed by PSC ATCT to change to the DEF.
(2) The ARFF IC must utilize the call sign "Airport Command."
March 2015 Page 15
Exhibit A3
Tri Cities Airport Traffic Control Tower, Port of Pasco, and Port of Pasco Aircraft Rescue and
Fire Fighting
(3) When directed to change frequencies by PSC ATCT, the ARFF 1C will utilize the
DEF for emergency communications with the flight crew, PSC ATCT and initial response
units. Note: PSCATCTpersonnel will use the phraseology: "Airport Command, (ACID)
is on (frequency). "
(4) The ARFF IC may request permission from PSC ATCT to establish direct
communications with the flight crew of the emergency aircraft. The ARFF IC must be
assigned to the DEF and receive direct authorization for its use from PSC ATCT prior to
transmitting on the frequency.
(5) At no time during direct communication with the emergency aircraft shall the ARFF
IC make issue with an ATC instruction or clearance. Communication protocol on the
DEF most be maintained in accordance with Federal Aviation Administration Advisory
Circular 150/5210-7C.
(6) The ARFF IC must notify the PSC ATCT when the status of the emergency allows
the release of the DEF.
b. PSC ATCT:
(1) Once an emergency response has been initiated, the PSC ATCT Watch Supervisor
may authorize use of a DEF.
(2) When appropriate, PSC ATCT must:
(a) Advise the ARFF IC and flight crew to change to the assigned DEF.
Phraseology:
"Airport Command, (ACID) is on 135.3. "
"(ACID), Airport Command is on 135.3 with transmit and receive
capability. "
(b) Authorize the ARFF IC to communicate directly with the flight crew of the
emergency aircraft.
(c) Utilize the DEF to issue control instructions and information to the emergency
aircraft flight crew and ARFF response vehicles.
(3) Aircraft/vehicles previously assigned to the DEF, but not involved in the emergency,
should normally be assigned another frequency when practical. The ATIS recording must
be updated to provide instruction for use of another frequency.
March 2015 Page 16
Exhibit A3
Tri Cities Airport Traffic Control Tower, Port of Pasco, and Port of Pasco Aircraft Rescue and
Fire Fighting
(4) When notified by the ARFF IC that the status of the emergency allows the release of
the DEF, (PHRASEOLOGY. "Situation Stabilized.') PSC ATCT must direct the
emergency aircraft and all responding vehicles to return to the appropriate ground control
or alternate frequency.
6. CANCELLATION: This Letter of Agreement may be cancelled by either party at any time.
Air
ATCT
� -&— (2 —Z -r— j
Fire Chief; Bob Gear, Pasco Fire Department
Airport Manager, Ron Foraker, Tri -Cities Airport
March 2015 Page 17
AGENDA REPORT
FOR: City Council April 7, 2015
TO: Dave Zabell, City Manager Workshop Mtg.: 4/13/15
FROM: Stan Strebel, Deputy City Manager.(1f v
SUBJECT: Bonds for Police Community Services Building
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
4/13: Discussion
III. FISCAL IMPACT:
Estimate: $9 Million, LTGO Bonds; Public Safety Sales Tax
IV. HISTORY AND FACTS BRIEF:
A) Bids for the Police Community Services Building are expected to be opened on April
17. Depending on the bids received, staff expects to bring a recommendation for
award of a construction project by May 4. While design work on the project did not
progress as rapidly as earlier estimated, staff believes that the bidding climate and
financial markets for bonding are still favorable to the City.
B) One of the reasons that completion of final plans was delayed was the addition of
basement space within the facility, designed to accommodate the City's future IS
network and server needs in a more controlled environment. The facility bid package
has also been designed with alternate construction plans, which will allow some
flexibility in setting the final construction cost.
C) The source of funding for the project is the City's revenue from the 3/10 of I% Public
Safety Sales Tax which was approved by voters in 2011. Staff has earlier provided
Council with projections showing that the resources of the sales tax, over its 30 -year
life, will be sufficient to pay for the now -completed Municipal Court facility, cover
operating expenses for the Police Street Crimes Unit and fund the debt service for the
Police facility over the expected 20 -year life of the anticipated bond issue.
D) Staff recommends a Limited Tax General Obligation (LTGO) Bond which the
Council can authorize as backed by the sales tax proceeds. Staff intends to employ
the services of a Financial Advisor to assist in the preparation of the City's Official
Statement for the bonds. It is anticipated that the City will be able to secure a
favorable bond rating to lower costs and facilitate bond sales. Finally, staff proposes
to utilize the services of the Advisor to assist in bond issue structure, timing and
negotiations with the Bond Underwriter to achieve the best possible result for the
City.
E) As soon as the cost of the Police Community Services Building is known, staff
intends to move quickly to be in a position to present a bond financing package for
Council's approval by late May — early June. If Council concurs with this approach,
staff will prepare as outlined.
4(i)