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2016.03.14 Council Workshop Packet
AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. March 14, 2016 Page 1. CALL TO ORDER: 2. ROLL CALL: (a) Pledge of Allegiance 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: 3 -7 (a) Presentation of Visit Tri -Cities Annual Report and Tourism Promotion Area Reserve Fund Request 8-13 (b) Vehicular Parking and Storage 14-20 (c) Financial Support for Legal Work on Possible Turnback of USACE Lands to Cities 21 -22 (d) Renaming US Highway 395 to Thomas Steven Foley Memorial Highway 23-27 (e) 2015 Community Survey 28-31 (f) Reimbursement of Costs and Fee for Collection Administration for Developer Reimbursement (Latecomer) Agreements 32-37 (g) City View Cemetery Regulations - Amend PMC 2.48 38-42 (h) City and Port Interlocal Agreement 43-65 (i) Fire and Ambulance Medical Services Program Master Plan 66-73 (j) Sole Source Purchase of Paco Pumps for the East Side Booster Station Upgrade (BS 2.1) 74-81 (k) Water Follies Agreement Page 1 of 81 Workshop Meeting 5. MISCELLANEOUS COUNCIL DISCUSSION: 6. EXECUTIVE SESSION: 7. ADJOURNMENT. REMINDERS: March 14, 2016 11:45 a.m., Monday, March 14, Pasco Red Lion — Pasco Chamber of Commerce Membership Luncheon. (Columbia Basin College Update, Keynote Presentation: Dr. Rich Cummins, CBC President) 4:00 p.m., Thursday, March 17, Tri -Cities Regional Business & Visitor Center — Manhattan Project National Historical Park Advocacy Committee Meeting. (MAYOR MATT WATKINS) 11:30 a.m., Friday, March 18 — Benton -Franklin Council of Governments Board Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.) 5:00 p.m. — 10:00 p.m., Friday, March 18, Pasco Red Lion, 2525 N. 20th Avenue — Council Retreat. (Councilmember dinner 5:00-6:30 p.m.; no City business to be discussed or conducted) 7:30 a.m. — 3:00 p.m., Saturday, March 19, Best Western Inn & Suites, 2811 N. 20th Avenue — Council Retreat. (Councilmember breakfast 7:30-8:00 a.m.; no City business to be discussed or conducted) This meeting is broadcast live on PSC -TV Channel 191 on Charter Cable and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Page 2 of 81 AGENDA REPORT FOR: City Council March 9, 2016 TO: Dave Zabell, City Manager Workshop Meeting: 3/14/16 FROM: Stan Strebel, Deputy City Manager SUBJECT: Presentation of Visit Tri -Cities Annual Report and Tourism Promotion Area Reserve Fund Request I. REFERENCE(S): Letter from Visit Tri -Cities dated March 4, 2016 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: Visit Tri -Cities provides an annual report for the prior year plus an outline of the current year work plan. Kris Watkins, President and CEO will present the reports as well as the request for approval to spend from the Tourism Promotion Area (TPA) Reserve Account. The TPA was formed in late 2004 to generate and administer the proceeds of a "per room night assessment" on hotels/motels in the Tri -Cities, imposed by the hotels themselves. The interlocal agreement (between Pasco, Kennewick and Richland) that created the TPA requires the annual budget, and any expenditures from the TPA reserve account, to be first approved by the City Council. V. DISCUSSION: The TPA "assessment" is remitted by the hotels to the state which, in turn, distributes it to the City in which it was collected. The City is obligated to pass the funds to the TPA, for use in accordance with the approved budget. Page 3 of 81 The TPA Commission has voted unanimously to request an additional $283,000 in special project expenditures for 2016 from the reserve account for the following: Manhattan Project National Historical Park Marketing - $50,000 Wine Tourism Strategic Planning - $29,000 Advertising - $79,500 Visitor Center Improvements - $30,000 Website Upgrades and Future Investment - $67,000 Trade Shows - $27,500 Council should approve the additional allocations of the reserve account or indicate changes necessary to gain approval. Page 4 of 81 visivqY TIMI -CITIES WASHINGTON March 4, 2016 Ms. Dave Zabell City of Pasco P.O. Box 293 Pasco, WA 993Q] Dear Mr. ell: P.O. Box 2241 Tri -Cities, WA 99302-2241 509-735-8485 1-800-254-5824 www.VisitTR1-CITIES.corii Thank you for the opportunity to present Visit TRI -CITIES 2015 Annual Report, 2016 Work Plan and a request to utilize Tourism Promotion Area reserve funds to the Pasco City Council on Monday, March 14, 2016. On behalf of the Tri -City Regional Hotel -Motel Commission, Visit TRI -CITIES would Iike to request the transfer of $283,000 from Tourism Promotion Area Reserve Account to be used for supplemental tourism related projects this year. We prepare the Tourism. Promotion Area (TPA) budget in July of each year for the following calendar year. As is the case with most every budget process, there are always more worthy projects to be considered than funds to support them. We manage our resources carefully to ensure our expenses never exceed our projected income and we budget conservatively. As a result, there is currently $309,323 in funds available for reinvestment in tourism related projects. The funds available for project investment are in addition to the minimum reserve requirement of $300,000, the amount set based on the recommendation of the City Managers who participate in at Commission meetings as Ex-Officios. It is the Commission's position that once the reserve account reaches this level, that any additional funds should actively be used to promote the Tri -Cities as a destination; creating increased visitor spending in the community. The projects under consideration accomplishes that goal. Given that the balance of the Tourism Promotion Area Reserve Account exceeds the acceptable leve] of $300,000; the Commissioners of the Tri -City Regional Hotel -Motel Commission have voted in favor of re- investing the surplus revenues, in the amount of $283,000 that will help tourism related projects including advertising, visitor center improvements, website upgrades and future investment, trade shows, marketing the Manhattan Project National Historical Park and wine tourism strategic planning. A summary of the projects and the associated expenditures is attached for your review. Again, thank you for your consideration and support of the tourism industry. I am available for any questions or comments you may have. Sincerely, Kris Watkins President and CEO Enclosures Page 5 of 81 visivy4WV TRI -CITIES WASHINGTON Tri -City Hotel -Motel Commission Tourism Reserve Balance Request There is currently $309,323 available for re -investment in new projects. P.O. Box 2241 Tri -Cities, WA 99302-2241 509-735-8486 1-800-254-5824 T111' I T I[I.. , www.visitTRI-CITIES.com The TPA Commissioners have voted to request $283,000 from the reserve account for the following future projects: • Manhattan Project National Historical Park Marketing $ 50,000 The opening of the Manhattan Project National Historical Park in Oak Ridge, Los Alamos and Hanford is expected to have significant impacts in travel spending at all three locations. In preparation for the opening of the park there is a need for advance advertising and marketing of the new park collectively as a group and individually. This is a new expense for Visit Tri -Cities and there is a provision for some limited marketing in the 2016 operations budget. These funds would supplement the budget for 2016 and 2017 and allow for sufficient advance marketing of the National Park. • Wine Tourism Strategic Planning $ 29,000 The Mid -Columbia Wine Tourism Council, a division of Visit Tri -Cities was launched in 2015. The council has improved the cohesiveness and communication between the winery members but there is still a need to undergo strategic planning in order to develop a clear common vision and set of goals for the council. Funds also include implementation of the strategies listed in completed plan as well as the actual deveiopment of the strategic plan. • Advertising $ 79,500 Advertising projects include a fall television ad campaign in the Portland/Spokane/Boise markets, convention and sports opportunity marketing funds, print advertising in convention trade publications and a data management program targeted and meeting planners. 1 Page 6 of 81 Tri -City Regional Hotel -Motel Commission Tourism Reserve Balance Requests • Visitor Center Improvements $ 30,000 Similar to the new Visit Tri -Cities kiosk at the airport, two kiosks with touch screen technology linking to VisitTRI-CITIES.com will be constructed and installed at the Visitor Center and at the Three Rivers Convention Center. These kiosks are designed to enhance the visitor experience and to drive visitors to local businesses in the community. • Website Upgrades and Future Investment $ 67,000 Visit Tri -Cities recently launched a new state of the art website which promotes the region as a premier travel destination. One of the most attractive and popular features on the site are the movie vignettes featuring local experts. There are three vignettes currently. This item provides for the addition of three more vignettes as well as setting aside funds for the next website re -design, which should occur in 2018 or 2019. • Trade Shows $ 27,500 Visit Tri -Cities currently attends three national tradeshows for the promotion of the Tri -Cities as a prime destination for sports events and tournaments. These funds would allow for increased visibility at these events through sponsorship opportunities and to add two national tradeshows targeted at the convention market. 2 TOTAL $283,000 Page 7 of 81 AGENDA REPORT FOR: City Council March 8, 2016 TO: Dave Zabell, City Manager Workshop Meeting: 3/14/16 FROM: Rick White, Director Community & Economic Development SUBJECT: Vehicular Parking and Storage I. REFERENCE(S): Draft Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: Use of the public right-of-way for vehicle storage can become problematic for neighborhoods and commercial areas. Vehicles stored within the right of way for long periods of time can block access for emergency response, limit the access of abutting property owners/residents, impact the ability to conduct maintenance activities and in some cases decrease the value or marketability of a property. In commercial areas parking is typically limited by ordinance or is sufficiently distant from residential areas unattended vehicles over a prolonged period of time are not common. In contrast, residential street parking is largely unregulated and complaints from within residential areas are however on the rise. As an example, in January this year, Council received input from a citizen that was concerned with long term parking of vehicles on public streets. In that situation, the vehicle was licensed, not obviously disabled, was accumulating debris underneath as it had not moved for a long period of time and was owned by a person near to where the vehicle is parked. It appeared obvious the public street was being used for vehicle storage. Complaints with the Police Department and Code Enforcement were lodged. As the vehicle was on a public street, Code Enforcement did not have jurisdiction through the Pasco Municipal Code. As the vehicle was licensed and was not by definition "junk" or "abandoned," the Police Department was not able to cite the vehicle's owner for a Page 8 of 81 traffic or code offense. An inventory of applicable PMC regulations as well as the applicable State law and Administrative Code confirm that this situation does not fall cleanly into a category for enforcement. For example: Title 9 of the PMC (Nuisances) regulates nuisances but basically limits regulating vehicles to those "abandoned, "junk" or determined to be "vehicle hulks." Title 10 of the PMC (Vehicles and Traffic) regulates vehicles in a variety of settings on public streets but not if the vehicle is less than 14,000 lbs. gross weight, is licensed and isn't a recreational vehicle (including RV's, boats, trailers...). Title 12 of the PMC (Streets and Sidewalks) regulates vehicles in a variety of settings including spillage of material on public streets, parking on swales or planting strips or otherwise interfering with normal use of the street - but not the parking (even for long periods) of licensed and maintained vehicles. Title 25 of the PMC (Zoning) regulates vehicles in a variety of settings but limits the regulations to those occurring on private property. V. DISCUSSION: Staff has researched regulations from other municipalities and concluded that the most direct way to address issues of this type is to amend the PMC to provide a restriction on the parking of vehicles on public streets for longer than a set amount of time and/or other locations. It is most likely that enforcement of this issue will be by complaint and the initial notice or "tag" upon an unauthorized vehicle will be placed by a Police Officer or a Code Enforcement Officer. The proposed ordinance establishes impoundment of the vehicle as the end result of enforcement. At the Workshop meeting of February 22, 2016 Council reviewed the draft Ordinance and expressed concerns related to the time period that would comprise a violation of the proposed PMC revision. Based on those concerns staff has revised the draft Ordinance to extend the initial grace period from 72 hours to seven days and to extend the timeframe for moving the vehicle from 72 hours to five days. The timeframe for the vehicle to remain relocated has also been extended from 24 hours to 48 hours. Council also requested information on the number of complaints received for issues about parking otherwise legal vehicles on public streets. In 2015 and so far in 2016, staff can determine that approximately 25 complaints have been received for issues Page 9 of 81 matching the parameters in the proposed ordinance. Page 10 of 81 CI : 1 L .Wye -013 AN ORDINANCE of the City of Pasco, Washington, adding a new Section 10.48.015 "Parking Across Designated Parking Lines" and adding a new Section 10.52.035 "Prohibiting Extended Unauthorized Parking" to the Pasco Municipal Code WHEREAS, Title 10 of the Pasco Municipal Code regulates parking on public streets; and WHEREAS, Title 10 of the Pasco Municipal Code does not contain a provision for regulation of parking on public streets otherwise functioning and licensed vehicles for extended periods of time; and WHEREAS, Parking of vehicles for extended periods of time on public streets or other municipal property causes build - up of debris under vehicles and invites acts of vandalism or other crime; and WHEREAS, Parking of vehicles for extended periods of time and storage of other personal effects on public streets or other municipal property has adverse effects on the ability of the street or property to effectively serve its main purpose of providing a safe and efficient mode of transportation or location for public services; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That a new Section of the Pasco Municipal Code, shall be and hereby is added and shall read as follows: 10.48.015 PARKING ACROSS DESIGNATED LINES PROHIBITED. Parkin across cross designated parking space lines is prohibited on public streets as identified in 10.48.020. 1 17►�11•►�%9i. 12=11 7LoI.r 11 1M."Iffi" 11ol 7.11101 ,41210 ANGLE PARKING PERMITTED NAME OF STREET FROM TO S. 2nd Avenue, west side Lewis Columbia N. 2nd Avenue, west side Clark Bonneville N. 2nd Avenue, west side Yakima Shoshone S. 3rd Avenue, west side Lewis Columbia S. 4th Avenue, west side Columbia South Street S. 4th Lane "A" Street "C" Street N. 4th Avenue Clark Columbia S. 5th Avenue, west side "A" Street "B" Street N. 5th Avenue, east side Jan Bypass S. 6th Avenue Columbia, south 170 ft. N. 6th Avenue Shoshone North to alley S. 7th Lane, west side "A" Street "B" Street S. 7th Avenue ANGLE PARKING PERMITTED (continued) Lewis Columbia Page 11 of 81 N. 8th Avenue Clark Lewis 9th Avenue, east side `B" Street, north 300 ft (head -in) 9th Avenue Clark Lewis 10th Avenue, west side Nixon Sylvester (head -in) N. 11th Avenue Bonneville Shoshone N. 12th Avenue, west side Sylvester, south Irving N. 12th Avenue, west side Sylvester, north Nixon Ainsworth 1 Ith Avenue, east 130 ft. Columbia, south side Tacoma 1 st Avenue Columbia, north side 2nd Avenue 5th Avenue Columbia 5th Avenue 7th Avenue Columbia, north side 7th Avenue, west 560 ft. Clark, south side 2nd Avenue 5th Avenue Bonneville, north side 1 st Avenue 2nd Avenue 2nd Avenue 5th Avenue (except west of 4th Avenue for 150 ft.) Bonneville, south side 14th Avenue, east 230 ft Bonneville, north side 14th Avenue 15th Avenue Bonneville, north side 14th Avenue, east 300 ft Hopkins, south side 14th Avenue, 180 ft. Hopkins, north side 14th Avenue, east 250 ft. Hassalo, north side 14th Avenue 15th Avenue Shoshone, south side 14th Avenue, east 130 ft. Shoshone, south side 15th Avenue 16th Avenue Shoshone, north side 6th Avenue, west 200 ft. Shoshone, north side 10th Avenue, west 315 ft. Yakima, south side 10th Avenue, west 245 ft. Sylvester, north side 10th Avenue 12th Avenue Irving, south side 10th Avenue 15th Avenue Irving, south side 14th Avenue 15th Avenue (head -in) Irving, north side 10th Avenue 12th Avenue Nixon, south side 10th Avenue 12th Avenue Nixon, south side 7th Avenue, east 5th Avenue Nixon 3rd Avenue, east One-half block Margaret, north side 12th Avenue, west 200 ft. Henry, north side 14th Avenue, east One-half block Henry, north side 10th Avenue, west One-half block and east 200 ft. Court, north side 7th Avenue, west 300 ft. Section 2. That a new Section of the Pasco Municipal Code, shall be and hereby is added and shall read as follows: 10.52.035 EXTENDED UNAUTHORIZED PARKING PROHIBITED. (1) No person shall park a vehicle on any street or other municipal property for a period of time longer than eenseeutive4ietws 7 days, unless an official posted sign provides a shorter period of time, or unless otherwise provided by law. Page 12 of 81 (2) Authorized vehicles on municipal property are excluded from the provisions of this Section, as are vehicles displayin vg alid proof of payment when parked in spaces controlled by a parking pgMent device. (3) Impound: Any vehicle found to be in violation of this Section is declared to be a public nuisance, and such vehicle may be impounded if no operator is present who will immediately comply_ with this Section. (4) Notice to Owner: a) A law enforcement officer discovering an unauthorized vehicle left within a street ri hg tof- way or other municipal property shall attach to the vehicle a readily visible notification. The notification shall contain the following information: b_) The date and time the notification was attached; c) The identity of the officer; d) A statement that if the vehicle is not removed within seventy twe (7Z � 5 days from the time the notification is attached, the vehicle may be taken into custody and stored at the owner's expense; e) A statement that if the vehicle is not redeemed as provided in RCW 46.55.120, the vehicle may be declared an abandoned vehicle and sold according to the terms of RCW 46.55.130; f) The address and telephone number where additional information may be obtained. (5) Relocation of a vehicle for purposes of avoiding impound or citation is prohibited. Vehicles must be relocated a minimum of 100 feet for a minimum duration of -24 48 hours from the location where the vehicle was noticed or the citation issued. (6) Unauthorized storage of personal effects, in conjunction with use of a vehicle or not, on any public street or municipal property is prohibited. Section 3. This ordinance shall be in full force and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting of 2016. Matt Watkins, Mayor ATTEST: Debra Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Page 13 of 81 AGENDA REPORT FOR: City Council March 9, 2016 TO: Dave Zabell, City Manager Workshop Meeting: 3/14/16 FROM: Stan Strebel, Deputy City Manager SUBJECT: Financial Support for Legal Work on Possible Turnback of USACE Lands to Cities I. REFERENCE(S): Resolution of Benton County Resolution of City of Kennewick Tri -Cities Rivershore Enhancement Timeline II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: $1,000 ($10,000 total cost - from other entities and TRIDEC) IV. HISTORY AND FACTS BRIEF: The federal government, through the Corps of Engineers has controlled 16 miles of Pasco shoreline (four miles with levees) since 1948. For many years, the local governments in the area have considered the possibility of requesting turn back of the federal lands (to the extent possible) to control of the local governments. In the mid 2000s, the Corps had signaled a willingness to turn back certain lands associated with the shoreline; however, as the proposed strings and regulations associated with the turn back proposal afforded no advantage or reason for the City to accept the property; the City declined to further pursue ownership at that time. A new effort, with the objective of writing legislation which eliminates the strings and requirements associated with the turn back property, is now underway, spearheaded by the City of Kennewick. In order to complete the work needed for the proposed legislation, the law firm of K&L Gates has been contacted. The total estimated cost for the work is $10,000 of which Pasco has been asked to contribute $1,000. Page 14 of 81 V. DISCUSSION: If Council concurs with the suggested approach and developing the legislation, staff recommends it go on the record and approve the cost share of $1,000. Page 15 of 81 RESOLUTION 201 09� BEFORE THE BOARD OF COMMISSIONERS OF BENTON COUNTY, WASHINGTON IN THE MATTER OF CONVEYANCE OF OWNERSHIP OF FEDERALLY -OWNED LANDS ALONG THE COLUMBIA RIVER TO LOCAL OWNERSHIP WHEREAS, most of the Columbia River shoreline and some of the lower Yakima River shoreline in Benton County was expropriated from local public and private ownership and placed into federal ownership after the floods of 1948 and subsequent construction of the McNary and John Day projects; and, WHEREAS, after several decades, management of the Columbia River is now a refined practice that has changed the hydrology of the river such that its flow is generally static, predictable, and not subject to the threats of dynamic fluctuations; and, WHEREAS, there is a sense in the Tri -Cities community that local ownership and control over these shore lands would improve opportunities for economic development and recreational enhancements; and, WHEREAS, Benton County finds the time appropriate for detailed discussions about the long-term ownership of rivershore areas, and is ready to engage in such discussions with its local, state, tribal, and federal partners and stakeholders; NOW THEREFORE, BE IT RESOLVED, by the Benton County Board of Commissioners that interested local governments and stakeholders should convene formal discussions with the appropriate federal land management agency — meaning the United States Army Corps of Engineers — regarding administration and ownership of federally -owned rivershore lands along the Columbia and Yakima Rivers in the Tri -Cities area, and the long-term future of that administration and ownership. Benton County will be an active participant in such discussions. Dated this day of _ , 2016 Attest................L.1�..::. -. Clerk of the Boa( orig: Commissioners cc: Prosecutor, Parks, Sustainable Development 1 Chairman of the Board Member ern er Constituting the and of Commissioners of Benton County, Washington. Prepared by: A.J. Fyall Page 16 of 81 CITY OF KENNEWICK RESOLUTION NO. 15-23 A RESOLUTION SUPPORTING THE CONCEPTUAL CONVEYANCE OF COLUMBIA PARK TO THE CITY OF KENNEWICK WHEREAS, in 1981 Benton County entered into a 50 -year lease with the US Army Corps of Engineers; and WHEREAS, in 1989 the City of Kennewick entered into a sublease agreement with Benton County to maintain and operate Columbia Park; and WHEREAS, in I996 WRDA '96 was established, aIIowing for Land Conveyance to the Cities of Kennewick, Richland and Pasco for Park and Recreation purposes; and WHEREAS, in 2004 the City of Kennewick entered into a 50 -year shoreline lease with the Army Corps of Engineers, in an effort to continue to maintain and develop Columbia Park; and WHEREAS, the City of Kennewick wishes to have some commercial activity at Columbia Park to offset a portion of Maintenance and Operations costs; and WHERAS, the City of Kennewick is interested in partnering with our stakeholders to develop the details for full conveyance of Columbia Park to pursue Economic Development and tourism opportunities in addition to Park and Recreation activities; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEWICK, WASHINGTON that the City Council has reviewed the merits of conceptually pursuing the conveyance of Columbia Park and has concluded the following: It is critical to begin the process of working with our stakeholders and partners on the concept of conveyance of Columbia Park from the US Army Corps of Engineers and staff is directed to assist in those efforts and develop the details and work plan to pursue this effort. PASSED BY THE CITY COUNCIL OF THE IT WICK, WASHINGTON, this i� day of July, 2015, and signed in authenticat' n of its `� ay of July, 2015. Attest; TEVE C. OUN ayor RESOLUTION NO. 15-23 filed and recorded in the office of the City Clerk of the City of Kennewick, TERRI L. WRIGHT, City Clerk Washington, this 8`h day of July, 2015. Approved as to Form: LISA BEATON, City Attorney RESOLUTION 15-23 - Page I J'" I/ V" _ TERRI L. WRIGHT, City Clerk Page 17 of 81 Tri -Cities Rivershore Enhancement — and the Corp of Engineers, Facts — Since 1948 the Corp of Engineers controls; o 18 miles of shoreline on Richland/Kennewick side of the River o -8 miles of which has levees o 16 miles of shoreline on Pasco side of the River o —4 miles of which has levees Total = Some 32-34 miles of shoreline in both Franklin and Benton Counties; —12 miles of levees (3 different reports have the length on both sides of the river as either 32 miles, or 34 miles) o Three Cities have been paying for all maintenance of parks and trails since about 1998. (need to get estimate of onnuoi costs to each of the 3 cities) Timeline 1948- 0 948— • Columbia River Flood — caused extensive damage from Trail, British Columbia to Astoria, Oregon; and completely destroyed the City of Vanport-2"d largest city in Oregon. • Corp of Engineers built some of the existing levees (dikes) along the Columbia River through Richland, Pasco and Kennewick during this flood. • 1948 flood also was instrumental in development of the Columbia River Treaty between U.S. and Canada (signed by President Eisenhower & Prime Minister Diefenbaker in 1961) 1952— • 952— • Corp of Engineers began building the McNary Damn • Corp purchased some land along McNary Pool in Pasco, Richland & Kennewick on both sides of the river to protect against the coming McNary Pool. • Corp built additional levees for the McNary Damn and Pool based on the "unregulated flood of record." o Largest Columbia River 'flood of record' occurred in 1894—NO dams on the Columbia River at that time. This flood became the Standard Project Flood (SPF) of record for the Columbia River. The 1894 flood was classified as larger than the 1948 flood. o The 1894 flood was used by the Corp for building levees behind what was to become the McNary Pool behind the Corp of Engineers built McNary Dam, Page 18 of 81 o Urban levees built by the Corp in 1952 were designed to a height of 8 feet ABOVE the SPF (of 1894). 1988 — • TCVCB & Council of Governments identified Rivershore Enhancement as a community goal. Through two State grants totaling $70k, a contract was let to Naramore-Baine- Brady and Johanson (NBBJ) of Seattle to develop a Rivershore master plan. o "Columbia fiver shoreline is a treasured resource that could greatly benefit the Tri -Cities" -- parks, trails, beaches, & boating would enhance economic development as would some commercial and residential development. o "minimum" option recommended would be to lower all the levees by 3 or 4 feet o "maximum" option would be to lower levees by 8 to 10 feet o Corp notified Kennewick that if they didn't maintain Columbia Park, the Corp would close the park (padlock it?) (Brad Fisher was Mayor of Kennewick) 1992 — (4 years later) • Corp of Engineers completed a Reconnaissance Report on the McNary Darn Levee System (Tri -Cities Levees). o Report designed to see if there was federal interest in lowering and/or beautifying the levees. o This Corp study showed the levees were constructed with as much as "10 to 12 feet of freeboard." o And, study showed there was "no federal interest in lowering or beautifying the levees." 1996-- • Local govts. Were successful in getting Congressional action on Water Resource Development Act (WRDA) passed in 1996 • TCVCB secured DOE "3161" funding from TRIDEC, and established the Tri -Cities Rivershore Enhancement Council (TREC). Funded 2nd Major Rivershore Enhancement Study (completed in 19971). • Bones of "Kennewick man" were found during Water Follies in 1996. 2004-2008 -- o After WRDA bill passage, local govts. Formally signed a "Non -Standard Parks and Recreation Lease" with the Corp in 2004 — $ years after WRDA was signed! Page 19 of 81 2009- M 009- o In 2005 PASCO was allowed to lower 1% miles of levee (levee 12-1) by -6 feet -- at a cost of $1.4 million - which included new pumps, a paved trail, benches and landscaping. o In 2004/2005 KENNEWICK was allowed to lower 1 % miles of levee (levee 5D) at a cost of $1.7 million - with drainage pumps, paved trail, benches, covered picnic tables and landscaping improvements. a In 2008 RICHLAND lowered -% mile of levee north of Howard Amon Park by -10 feet (cost of this not readily available in Corp documents—Walt Kirkpatrick apparently paid for part of this when starting to build Waterford Place). o Kennewick, Masco, Richland and the 3 Ports (Kennewick, Pasco, Richland) celebrate completion of the Sacagawea Heritage Trail, in part located along levees. Page 20 of 81 AGENDA REPORT FOR: City Council March 3, 2016 TO: Dave Zabell, City Manager Workshop Meeting: 3/14/16 FROM: Stan Strebel, Deputy City Manager SUBJECT: Renaming US Highway 395 to Thomas Steven Foley Memorial Highway I. REFERENCE(S): Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: There is a significant regional movement which supports the naming of US395 after former 5th Congressional District Congressman Tom Foley. Foley became the first Speaker of the US House of Representatives from a western state (the 57th Speaker in History), and served in the capacity from 1989 to 1995. V. DISCUSSION: If Council is inclined to support the naming of US395, from the Washington/Oregon border to the US/Canadian border, as the Thomas Stephen "Tom" Foley Memorial Highway in honor of the services of Speaker Foley, passage of the attached Resolution would be in order. Page 21 of 81 RESOLUTION NO. A RESOLUTION of the City of Pasco, requesting naming of the US Highway 395 after Thomas Stephen Foley. WHEREAS, U.S. Highway 395 between the Tri -Cities and Ritzville was expanded to four lanes with the support of Thomas Stephen Foley, and the expansion of U.S. Highway 395 has increased safety and expedited the movement of people and freight between the two largest population centers in eastern Washington; and WHEREAS, Thomas Stephen "Tom" Foley, a Washington native, served in the United States House of Representatives for thirty years representing the 5th Congressional District from 1965 to 1995; and WHEREAS, Thomas Stephen Foley Became the 57th Speaker of the House of Representatives from 1989 to 1995, and has the distinction of being the first Speaker of the House of Representatives from a state west of the Rocky Mountains; and WHEREAS, before joining the United States House of Representatives, Thomas Stephen Foley joined the Office of the Washington State Attorney General in 1960; and WHEREAS, Thomas Stephen Foley was appointed as the 25th United States Ambassador to Japan and served as ambassador from 1997 to 2001; and WHEREAS, Thomas Stephen Foley was awarded the Washington State Medal of Merit in 2003 by Governor Gary Locke; NOW, THEREFORE, BE IT RESOLVED that the City of Pasco respectfully requests that the Washington State Transportation Commission commence proceedings to name U.S. Highway 395, beginning at the Washington/Oregon border in the vicinity of Plymouth, Washington, thence in a northerly direction to the Washington/Canada border in the vicinity of Laurier, Washington, as the Thomas Stephen "Tom" Foley Memorial Highway to honor his service to Washington State. BE IT FURTHER RESOLVED, that this Resolution be transmitted to the Washington State Transportation Commission. PASSED by the City Council of the City of Pasco at its regular meeting this 21 st day of March 2016. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney Page 22 of 81 AGENDA REPORT FOR: City Council March 9, 2016 TO: Dave Zabell, City Manager Workshop Meeting: 3/14/16 FROM: Stan Strebel, Deputy City Manager SUBJECT: 2015 Community Survey I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The City has contracted with the National Research Center in Colorado every odd year since 2005 to conduct the "National Citizen Survey" (a trademarked, uniform survey methodology) in Pasco. The survey information has subsequently been used in developing Council goals for the ensuing biennia. The National Research Center was again contracted in 2015 to conduct the survey for the City. The survey documents which report the results of the survey have been earlier provided to Council and are also available on the City's website (hqp://www.pasco- wa.gov/DocumentCenterNiew/56648). The 2015 survey reflects a slightly better response rate (260 surveys returned in 2015 as opposed to 214 in 2013). Though the number of surveys completed was significantly increased, the original sample size of 1,400 represents an increase of 200 over 2013 (1,200), therefore, the rate of responses was only up by 1%. Of the 260 surveys completed, 23 were completed online and five of the surveys were completed in Spanish. The results are statistically valid with an error factor of 6%. Surveys returned reflect about 19% (up from 18% in 2013) of the total distributed. V. DISCUSSION: Given the number of times that the survey has been used in the City, one would expect Page 23 of 81 data to become more meaningful in terms of viewing and understanding trends over time. While the nature of surveying (using a similar size, but a different sample for each year of the survey) will naturally yield some variance in results, some significant trends may begin to be recognized, while survey results may establish that "things are pretty stable" in other areas. The overall presentation of survey results consists of seven individual reports including: 1. The Community Livability Report. An overview of "Quality of Life in Pasco" based on ratings for Community Characteristics, Governance and Participation. 2. The Dashboard Summary. Reports ratings for eight facets of Community Livability. 3. Trends Over Time. Reports ratings over Pasco's 10 -year (six biennial surveys) history of having the survey conducted. 4. Comparison by Demographic Subgroups. Demographic subgroups include: a) Housing Type; b) Housing Tenure; c) Age; and d) Sex. 5. Supplemental Report by Hispanic, Non -Hispanic Respondents. 6. Supplemental Online Survey Results. The online survey was open for participants during January and through February 15. Online results are kept separate from the random survey results. 7. Technical Appendices. As noted above, the survey groups responses about the community into categories for focus and summary purposes. Responses in the area of "Governance" most closely relate to the services and programs that the City provides. "Community Characteristics" and "Participation" categories include broader consideration which may extend to the natural environment, schools, cultural opportunities or other factors which may be beyond the control or outside the influence of the City government. Generally, for the eight facets of Community Livability under Participation and Governance, Pasco was rated similar to other communities across the nation (however, Safety, under Governance, rated slightly lower). In more than half of the livability facets of Community Characteristics, residents rated the City lower than ratings in other communities (see Dashboard Summary, page 1). Overall, ratings in Pasco for 2015 remained generally stable. Of 131 items surveyed, 99 were rated similar to 2013; 10 items showed a decrease in positive rating while 22 items showed an increase in positive rating (see Trends Summary, page 1). Some items of note which rated higher in positive response include: Safety on Paths and Trails: 2015 — 61%; 2013 — 47%. Cleanliness of Community: 2015 — 52%; 2013 — 32%. Opportunities to Participate in Community Matters: 2015 — 47%; 2013 — 37%. On the negative side of result trends (combined "excellent" and "good" responses): Page 24 of 81 Overall Image has trended downward for most every survey, from 46% in 2005 to 23% in 2015. Traffic Flow has had a similar trend line: 65% in 2005 to 47% in 2013. Land use and Zoning, likewise has shown a decrease from 53% in 2005, to 33% in 2015. The respondents' perception of local government compared to state and federal government remains positive at 56% with federal only 36% positive and state at 39%. In addition to the standard survey questions, included were three policy questions designed to gauge the opinion in the community regarding three particular, current issues. The results are as follows: Recycling: The City is considering providing curbside container recycling and yard waste services. To what extent would you support or oppose these services being offered? 66% somewhat or strongly support curbside recycling (paper, tin, aluminum and plastics) at an additional monthly cost per household of $4.50-$5.50. 55% somewhat or strongly support curbside yard waste collection at an additional monthly cost per household of $3.50-$4.50. Traffic Cameras: In order to reduce the rate of serious traffic accidents at major intersections, the City is considering installing cameras to increase red light compliance. To what extent do you support or oppose the installation of traffic cameras at select intersections in Pasco? 66% of the respondents somewhat or strongly support the idea of installing traffic cameras to reduce the rate of traffic incidents at intersections by increased red light compliance. District -Based Voting: Of the seven members of City Council, five members are district -based, with only residents within the district able to run for election and only voters residing within the district voting on district candidates in primary elections and city-wide voting in the general (final) election. The method of voting for district -based candidates (district -based voting at the primary level and city-wide voting in the general election) is dictated by state law. The City is considering whether to push to change the law to allow for district -based voting in the general election in communities that choose this approach. 35% strongly supported and 36% somewhat supported (71%) the concept of district -based voting for the general election. At the same time, however, 31 % strongly supported and 43% somewhat supported (74%) retaining the current system. The City, for the first time provided the option for the public to self-select online participation in the survey. There were a total of 327 surveys which were completed in this manner. Results of this effort are included in the documents as Supplemental Page 25 of 81 Online Survey Results. For comparison purposes, this section includes the online responses for the questions cited above as notable, with regard to the random survey: Items rated higher in positive response — 2015 vs 2013: Safety on Path and Trails - Online: 50% / Random:61% Cleanliness of Community - Online: 44% / Random: 52% Opportunities to Participate in Community Matters - Online: 46% / Random: 47% Items rated lower in positive response — 2015 vs 2013: Overall Image - Online: 18% / Random: 23% Traffic Flow - Online: 45% / Random: 47% Land Use and Zoning - Online: 29% / Random 33% Positive Perception of Local, State and Federal Governments 2015: Local - Online: 51% / Random: 56% Federal - Online: 30% / Random: 36% Policy questions responses for the online survey compared to the random survey are as follows (percent somewhat or strongly supportive): Recycling (paper, tin, aluminum, plastics) - Online: 68% / Random: 66% Recycling (yard waste) - Online: 51% / Random: 55% Traffic Cameras - Online: 59% / Random: 66% District -Based Voting - Online: 71% / Random: 71% Council originally expressed a preference for receiving survey results by geographic (i.e., City Council District); however, due to an error NRC did not set up for compiling the results geographically. As a result, the City did not pay the fee of $750 for this service, plus NRC provided results by demographics (age, sex, housing type and housing tenure), also a $750 cost, at no charge to the City. The demographic report is contained in a separate document. Additionally, as part of the NRC's compensation to the City for the mix-up and inability to provide survey data by Council District, the group provided the City with a supplemental demographic analysis of Hispanic/Non-Hispanic participant survey results. These results are found in the document titled Supplemental Demographic Crosstabs. While, in most instances, the responses by Hispanics and Non -Hispanic residents are not too divergent, some notable differences are as follows: Percent rating positively (e.g., excellent/good) Page 26 of 81 Neighborhood as place to live - Hispanic: 67% / Non -Hispanic: 80% Feeling of safety in downtown - Hispanic: 62% / Non -Hispanic: 46% Pasco as a place to visit - Hispanic: 45% / Non -Hispanic: 25% Confidence in Pasco Government - Hispanic: 42% / Non -Hispanic: 31% Police/Sheriff services - Hispanic: 54% / Non -Hispanic: 71% Fire service - Hispanic: 82% / Non -Hispanic: 91% Ambulance or EMS - Hispanic: 79% / Non -Hispanic: 90% Watched (online or TV) a local public meeting - Hispanic: 41% / Non - Hispanic: 29% Quality of overall built environment - Hispanic: 81% / Non -Hispanic: 67% Sense of community - Hispanic: 89% / Non -Hispanic: 75% With regard to the three policy questions asked together with the survey, Hispanics were slightly more favorable than Non -Hispanics with regard to each of the concepts: Recycling (paper, tin, aluminum, plastics) - Hispanic: 72% / Non -Hispanic: 64% Recycling (yard waste) - Hispanic: 69% / Non -Hispanic: 55% Traffic Light Cameras - Hispanic: 69% / Non -Hispanic: 62% District -Based Voting - Hispanic: 80% / Non -Hispanic: 69% Page 27 of 81 AGENDA REPORT FOR: City Council February 26, 2016 TO: Dave Zabell, City Manager Workshop Meeting: 3/14/16 FROM: Stan Strebel, Deputy City Manager SUBJECT: Reimbursement of Costs and Fee for Collection Administration for Developer Reimbursement (Latecomer) Agreements I. REFERENCE(S): Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: Recent legislation requires cities, at the request of a property developer, to enter into latecomer agreements (Development Reimbursement Agreements) which provide for the future reimbursement of the developer's expense of constructing a public facility. Expenses associated with the processing and review should be reimbursed to the City and the obligation to collect reimbursement payments can extend for up to 20 years. In consideration of the staff time and other expense necessary to review agreement applications and to monitor, collect and account for reimbursement payments for a 20 - year timeframe, staff proposes amendments which provide for the reimbursement of actual legal and recording expenses in review and for a collection/disbursement administration fee for payments collected over the years. The attached, proposed ordinance provides for amendments to PMC Chapter 3.07 and 14.12 in order to adopt a the reimbursement requirement for actual legal and recording fees and a $100 fee as the City's reimbursement for processing each payment under a latecomer agreement. Other minor changes to Chapter 3.07 and 14.12 are proposed to provide clarity. V. DISCUSSION: Page 28 of 81 ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington amending PMC 3.07.180 "Public Works Agreements Inspections" setting the Developer Reimbursement Agreements application fee; amending PMC 14.12.120 "City Administrative Fee, Costs and Recording"; and amending PMC 14.12.130 "Payment of Development Reimbursement Charge" to provide for the collection of an administration fee. WHEREAS, by recent amendment, the Washington legislature has required the cities, at the request of the developer, to enter into Developer Reimbursement Assessment Agreements (Latecomer Agreement) providing for the future reimbursement for the developer's expense of constructing a public facility; and WHEREAS, the City may have the responsibility for a period up to twenty (20) years to collect and disburse such reimbursement assessments which will add to the administrative expenses of the City and to provide revenues for the payment of such additional costs, administrative fees need to be established and authorized; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 3.07.180 of the Pasco Municipal Code entitled "Public Works Agreements and Inspections" shall be and hereby is amended and shall read as follows: 3.07.180 PUBLIC WORKS AGREEMENTS AND INSPECTIONS: Fee/Charge A) Developmen Developer Reimbursement $100.00 Agreements (Latecomer's) "ar. inistFative Application Fee B) Developer Reimbursement Agreements Segregation C) Cost Recovery of Engineering Staff Time Review Legal and Recording Costs for Developers Reimbursement Agreements Page 1 $30.00 Engineering services Minimum Fee: $90.00 for first hour; thereafter, $60/hr. Actual costs for legal recording and other incurred costs. Reference 14.12.120 14.12.090 14.12.120 Page 29 of 81 D) Developer Reimbursement Agreements $100.00 14.12.130 Collection Administration Fee DE) Water Crews on Contractor Site - (after 1 st visit) (per hour) EF) Sewer Crews on Contractor Site - (after 1 st visit) (per hour) FG) Public Works Construction Development Inspection $160.00 Ord. 3543 $160.00 Ord. 3543 Minimum Fee: 14.08.030 $90 for first hour; thereafter, $60/hr (Ord. 4156, 2014; Ord. 3979, 2010; Ord. 3543, 2002.) Section 2. That Section 14.12.120 of the Pasco Municipal Code entitled "City Administrative Fee, Costs, and Recording" shall be and hereby is amended and shall read as follows: 14.12.120 CITY ADN41NISTRATINIE APPLICATION FEE; AND COSTS, AND RECORD RECOVERY. The City shall charge an application fee for processing Deye'„pY,.o„* Developer Reimbursement Agreements; ;n^' engineeri - sts, and eests of ,.oeer-ding,- as identified in Chapter 3.07 of the Pasco Municipal Code. In addition, the applicant shall pay all of the City's costs associated with the facility including, but not limited to, enizineerina costs as set forth in PMC Chanter 3.07. and the actual legal. recording. and administration costs. Developer Reimbursement Agreements and extensions thereof, shall be recorded with the Franklin County Auditor within thirty (30) days of the final execution of the Agreement, and shall be binding on owners of record within the assessment area who are not parties to the Agreement. (Ord. 4156, 2014; Ord. 3709 Sec. 1, 2004.) Section 3. That Section 14.12.130 of the Pasco Municipal Code entitled "Payment of Development Reimbursement Charge" shall be and hereby is amended and shall read as follows: 14.12.130 PAYMENT OF DEVELOPMENT llDMENT DEVELOPER REIMBURSEMENT CHARGE – COLLECTION ADMINISTRATION FEE. Each assessment shall be due in its entirety upon connection to or use of a street and/or utility system improvement by a property subject to an assessment, and shall be paid to the City. The City shall deduct from all reimbursement assessments it collects. an amount as desiLnated in PMC 3.07.180 to cover its collection administration costs. The City will pay over to developer the amounts collected, less administration costs, within sixty (60) days of receipt. When the assessment for any property has been paid in full, the Public Works Director shall issue a certification of payment that will release such property from the Developer Reimbursement Agreement which may be recorded by the owner. (Ord. 3709 Sec. 1, 2004.) Page 2 Page 30 of 81 Section 4. This Ordinance shall take full force and effect five (5) days after its approval, passage, and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this day of 12016. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Page 3 Page 31 of 81 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager Rick Terway, Director, Admin & Comm Services FROM: Dan Dotta, Facilities Division Manager Administrative & Community Services February 25, 2016 Workshop Meeting: 3/14/16 SUBJECT: City View Cemetery Regulations - Amend PMC 2.48 I. REFERENCE(S): Proposed Ordinance Memo from Lee Kerr, City Attorney II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: In the past, families have purchased headstones of inferior quality from vendors other than the vendors offered at City View Cemetery. These inferior headstones have greatly deteriorated over time causing maintenance problems and customer complaints about the overall character and quality of the cemetery. As time passes, families move out of the area or there are no family members left to replace the dilapidated marker. The City is not responsible for the maintenance of individual headstones, therefore, the only choice the City has is leaving the damaged marker or removing it and leaving the grave unmarked. V. DISCUSSION: Staff proposes amending PMC 2.48.075 requiring customers to purchase all gravestones and monuments through City View Cemetery. The Cemetery offers Page 32 of 81 multiple vendors that offer a variety of choices while maintaining the quality needed to stand the test of time. Language has also been added allowing staff the ability to maintain the traditional atmosphere customers have come to expect at City View Cemetery. Proposed changes to PMC 2.48.150 and 2.48.170 update language to agree with "City View Cemetery Policies and Procedures" and fees set by City Manager per PMC 2.48.180 and approved by City Council on October 20, 2008. Page 33 of 81 ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, amending Sections 2.48.075, 2.48.150, 2.48.160 and 2.48.170 of the Pasco Municipal Code regarding regulations governing City View Cemetery. WHEREAS, The City Council of the City of Pasco, Washington, has determined that certain amendments to the regulations governing City View Cemetery are necessary, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 2.48.075 of the Pasco Municipal Code is hereby amended to read as follows: 2.48.075 MONUMENT REGULATIONS. All grave stones and monuments shall be procured through City View Cemetery. All grave stones and monument bases shall be of granite, marble, limestone, or other approved materialstene and shall be set in a foundation of concrete. No concrete or other similar material shall be permitted above ground level. All stones and monuments shall be set flush with the ground in Blocks 4, 5, 12 and 13 and in all sections of the Cemetery developed after January 1, 2000. Upright monuments will be permitted in all other blocks. With the exception of multiple part monuments installed by authorized vendors no monuments, markers or grave stones shall be placed in said cemetery except by cemetery personnel. The Cemetery is intended to be a tranquil and non-partisan place and no objectionable monuments or messages will be allowed. The facilities manager has the sole discretion to determine what would be objectionable to a reasonable person without regard to a particular viewpoint. Any appeal regarding the provisions of this section shall be directed to the Citv of Pasco Director of Administrative and Communitv Services for final determination. Section 2. That Section 2.48.150 of the Pasco Municipal Code is hereby amended to read as follows: 2.48.150 BURIAL CLASSIFICATION. Burials shall be classified as follows: Baby: Persons under three years of age; Juvenile: Persons from three to ten years of age, inclusive; Adult: Persons over ten years of age; Urn/Lot: Cremated remains of one individual; Urn/Grave: Cremated remains (up to twos urn burials may be allowed on individual lots designated for that purpose or Leone urn burials may be allowed in a grave with one body with the consent of the owner or guardian, pfovided, pfoper Niche: Cremated remains in columbarium. Section 3. That Section 2.48.160 of the Pasco Municipal Code is hereby amended to read as follows: 2.48.160 BURIALS - GENERAL. All burials will be scheduled to give cemetery personnel at least one hour to transfer equipment to the subsequent burial. Saturday or Monday morning burials will be permitted only if arrangements are made before noon on the previous Page 34 of 81 Friday. In the event a burial is scheduled on Saturday and other than between eight a.m. and five p.m., Monday through Friday, a Saturday service fee will be appliedehar-ge of Two 14tin ,.oa Seventy Five Dellafs ($275.00) in addition to all other charges sh-a" h-o m�a Section 4. That Section 2.48.170 of the Pasco Municipal Code is hereby amended to read as follows: 2.48.170 BURIALS - HOLIDAY. No interments, disinterments, removals, cremation or interment service shall be permitted on Sundays, or on any City recognized holiday; without special written permission of the City and a Sunday/Holiday service fee will be gppliedeharge-ef Foul u„na.-oa Seventy Five Dollars ($475.00) in addition to all other charges shall be ffia When any of the aforementioned holidays fall or are legally observed on a Friday or Monday, burials must be arranged no later than twelve noon on the last business day preceding the holiday. Section 5. This ordinance shall take effect and be in force 5 days after its passage and publication as required by law. PASSED by the City Council of the City of Pasco at its regular meeting this day of .2016. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney Page 35 of 81 KERR LAW GROUP 7025 Grandridge Blvd., Suite A Kennewick, Washington 99336-7724 (509) 735-1542 MEMORANDUM TO: Rick Terway, Director Administrative & Community Services City of Pasco FROM: Leland B. Kerr Attorney -at -Law DATE: January 28, 2016 RE: Cemetery Headstone Policy RECEIVED FEB 0 3 2016 )MIN & COMM SERVICE The first question is whether a City owned and operated cemetery can, as a condition of using the cemetery's services, require their customers to purchase a headstone from the cemetery rather than allow the customer to provide their own. The answer is probably yes. RCW 68.52.030 provides that a city shall have the power "to procure and hold lands for burying grounds, and to make regulations and fence the same." Additionally, RCW 35.22.280(20) provides that any first class city shall have power "to regulate the burial of the dead, and to establish and regulate cemeteries within or without the corporate limits..." The City of Pasco, as a code city, is granted the same power. These statutes make it clear that the City can regulate the burial of the dead as they see fit, which would include conditioning the use of the City's cemetery on allowing only headstones that were purchased directly from the cemetery. There are no cases, however, to assist us in interpreting these sections. This analysis also satisfies the second question, whether the City operated cemetery can establish size, quality, and configuration restrictions to avoid poor workmanship and offensive displays. Again, it would seem that the answer is probably yes. The best practice would be for the City to offer a number of alternative headstones, each comply with the City's standard for size, quality, shape and configuration. If the City's policy permits third party produced headstones, it can regulate the size, quality, shape and configuration of the headstone or monument being provided to the customer to provide predicable quality and uniformity within the cemetery. There is, however, a question in regards to the regulation of content of the headstone's message in light of the recent Town of Gilbert case. Thereby, using the best practice as suggested above of a choice from among City provided available headstones is preferable. Page 36 of 81 Rick Terway January 28, 2016 Page 2 PMC 2.48 sets forth the ordinances that regulate City View cemetery. PMC 2.48.075 already provides that "all grave stones and monuments shall be of granite, marble, limestone, or other approved stone and shall be set in a foundation of concrete." If the City chooses either of the above options, PMC 2.48 can be amended to include language that would establish the policy of the cemetery to incorporate either of the two options discussed above. LBK/sla Page 37 of 81 AGENDA REPORT FOR: City Council March 7, 2016 TO: Dave Zabell, City Manager Workshop Meeting: 3/14/16 FROM: Rick White, Director Community & Economic Development SUBJECT: Interlocal Agreement for Economic Development Services I. REFERENCE(S): Draft Interlocal Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: DISCUSSION III. FISCAL IMPACT: Reimburse the Port of Pasco per the terms of the proposed interlocal agreement for Port staff time and expenses utilized on the City's behalf. IV. HISTORY AND FACTS BRIEF: The 2016 Adopted Budget does not contain funding for City staff devoted entirely to economic development activities but does include an allocation for economic development services. As the Port of Pasco employs various personnel to specifically focus on economic development efforts, the City has been in discussions with the Port to leverage staff resources for economic development services that would directly benefit the City. The City and Port of Pasco propose to enter into an interlocal agreement whereby Port Staff would provide these services and devote a certain amount of time to creating City - specific economic development products. Reimbursement to the Port for these services would be from the existing Economic Development Fund approved by Council for 2016. V. DISCUSSION: Page 38 of 81 Both the City and the Port have the authority to engage in economic development activities through State law and the City and the Port share similar economic development goals. Use of an interlocal agreement for shared staff to accomplish specific activities for economic development is a cost effective way increase the effectiveness of recruitment efforts, interact with TRIDEC and the State in pursuing leads on facility location and develop timely and effective marketing materials. The proposed interlocal agreement establishes the parameters for oversight of this effort and the reimbursement amount to the Port for the staff services (flat fee of $96 per hour). Page 39 of 81 INTERLOCAL AGREEMENT between the City of Pasco and the Port of Pasco for the Promotion of Economic Development in Pasco This INTERLOCAL COOPERATIVE AGREEMENT ("Agreement") is entered into pursuant to RCW 39.34, as of this day of , 2016, by the City of Pasco, a municipal corporation of the State of Washington, hereinafter the "City", and Port of Pasco, a public body corporate of the State of Washington, hereinafter "Port", collectively referred to in this Agreement hereafter as the "Parties". WHEREAS; The City has authority to engage in economic development per RCW 35.21.703; and WHEREAS; The City contains a division of operations in the Community and Economic Development Department that operates programs and efforts to promote economic development and expansion of the tax base within the City. Currently this division is not staffed with personnel exclusively devoting time and effort towards economic development; and WHEREAS; the City 2016 Budget has an approved funding amount of $60,000 to engage in economic development; and WHEREAS; The Port has authority to engage in economic development per RCW 53.08.245; and WHEREAS; The Port's mission is to develop the economy of the Port District in a manner that creates sustainable jobs and a healthy tax base and the Port has dedicated staff to promote that mission; and WHEREAS; Both the Port and the City share similar economic development goals and are pursuing similar activities to promote economic development; and WHEREAS; The City and the Port desire to better achieve these goals and objectives by leveraging resources and staff to maximize the results of economic development efforts; NOW THEREFORE; The City and Port agree to the following: 1. The City may request the assistance of Port staff with the following economic development tasks on an "as needed" basis: Business Retention & Expansion, including but not limited to: Page 40 of 81 • Meet with major employers in Pasco • Workforce/talent development • Industrial and Retail Recruitment efforts Recruitment efforts, including but not limited to: • Retail Recruitment and development of marketing materials • Industrial Recruitment and development of marketing materials • Food Processing and Manufacturing Recruitment • Project Development • TRIDEC and interaction/response with State generated leads • Attendance/assistance with trade shows, expositions and similar marketing events 2. The City agrees to reimburse the Port at an hourly flat rate of $96.00 for this staff assistance. This rate includes all associated staff costs including benefits and overhead. The Port shall invoice the City on a monthly basis. 3. Costs for materials, professional assistance outside that of Port staff and specific travel costs (pre -approved) will be the responsibility of the City. 4. Work performed per this Interlocal Agreement shall be approved by the Community and Economic Development Director. S. Either the City or the Port may terminate this Interlocal Agreement with 30 days notice to other party. Notice to the City shall be directed to the Pasco City Manager and notice to the Port shall be directed to the Port Executive Director. In the event the Interlocal Agreement is terminated, neither the City nor the Port will pursue an action to recover costs incurred by either party, with exception that costs necessary for services approved by the City and incurred by the Port prior to the termination will be reimbursed per the terms of this Interlocal Agreement. 6. Term of Agreement and Termination. This Agreement is effective upon the signature of all Parties and terminates on December 31, 2016. 7. The records and documents associated with all matters covered by this Agreement shall be jointly owned by the City and the Port and all non -privileged records and documents shall be subject to inspection by any Party during the term of this Agreement. S. No Separate Legal Entity. No new, separate administrative or legal entity is to be established in association with this Agreement nor to conduct the cooperative Page 41 of 81 undertaking described herein. The Community and Economic Development Director of the City and the Director of Economic Development of the Port shall be joint administrators of this cooperative undertaking. 9. Severability. In the event that any term or condition of this Agreement or application thereof to any person, entity, or circumstance is held invalid; such invalidity shall not affect any other terms, conditions, or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this Agreement are declared severable. 10. Recording. This Agreement shall be filed with the Franklin County Auditor or posted on each Parties web site. In Witness Whereof, the Parties have signed this Agreement as of the day and year written below. PORT OF PASCO By: Randy Hayden Its: Executive Director Date: APPROVED AS TO FORM: Port of Pasco APPROVED AS TO FORM: Debbie Clark, City Clerk CITY OF PASCO By: Dave Zabell Its: City Manager Date: Leland Kerr, City Attorney Page 42 of 81 AGENDA REPORT FOR: City Council March 1, 2016 TO: Dave Zabell, City Manager Workshop Meeting: 3/14/16 FROM: Bob Gear, Fire Chief Fire Department SUBJECT: Fire and Ambulance Medical Services Program Master Plan I. REFERENCE(S): Fire and Ambulance Medical Services Program Master Plan- Emergency Services Consulting International Scope of Work- Emergency Services Master Plan- Attachment A Timeline- Exhibit B II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion IH. FISCAL IMPACT: Study cost: $49,706 Sufficient funds were appropriated in the 2016 Fire and Ambulance budgets. IV. HISTORY AND FACTS BRIEF: The City last completed a Fire/Medical Service Master Plan in 2002. The City has experienced tremendous growth in area, population, commercial and industrial development in the ensuing years, to the extent the 2002 plan has long since had any real value other than historical. V. DISCUSSION: The City of Pasco and its Fire department face numerous challenges in meeting the current and future needs of the community. Population of the City has doubled since 2002, and while efforts have been made to improve staffing levels, equipment and facilities, they have not maintained pace with growth. Below are some of the current challenges to be evaluated as well as significant items or Page 43 of 81 events on the near-term horizon. Current conditions: Station 81 - the headquarters station cannot meet current or projected needs. The station is significantly under -sized and there is limited administrative space, overcrowded employee parking with little or no room for expansion. Station 82 - the airport station, owned by the Port of Pasco and is poorly located for the City response areas it covers. The facility lacks adequate; administrative space, employee parking and apparatus storage ability (currently one rescue vehicle and two response trailers are parked outside). Station 83 - the Road 68 station is situated between two under -served areas, Riverview and Broadmoor and as such struggles to meet Council adopted response time goals. Near-term items: NW Area - the City is currently planning for considerable mixed use development of more than 1,000 acres. Rd 68 - DNR will be auctioning off approximately 235 acres of land in the SW quadrant of I-182 and Rd 68 for development, including an additional 50 acres for commercial lease. The property is located in a high growth area and is expected to develop quickly. Industrial development - the City is focused on building its industrial base to grow jobs and promote economic diversification. Areas like King City and the industrial areas along the I-182 corridor in the eastern portion of the City are being discovered. The recent success of Autozone will bring attention to the area and likely spur additional development. These are large and active facilities that the department will need to plan strategically to serve. Affordable Care Act - it is widely anticipated, due to the Affordable Care Act, there will be program requirements to reduce the emergency room and hospital visits and utilize alternative care options. The increasing public awareness of mental illness will necessitate a non-traditional role for the Fire/Ambulance services. As the City expands the demand for services increases proportionately, in order to plan and respond efficiently and economically, it is essential that the most scientific and modern tools to analyze station facilities and locations be employed. The proposed Fire and Ambulance Service Master Plan will assist the city and department by providing an unbiased and transparent review of current conditions and the employment of modern data analysis methodology to determine future service demands, strategies, methodologies and associated costs. Page 44 of 81 Staff solicited and evaluated proposals from qualified consulting firms. Emergency Services Consulting International (ESCI) is recommended due to their extensive experience and proposed approach to this effort. Page 45 of 81 PROFESSIONAL SERVICES AGREEMENT Fire and Emergenty EmergentMedical Services pr9gram Master Plan THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as "City", and Emergency Services Consulting International, hereinafter referred to as "Consultant." RECITALS WHEREAS, the City desires to have certain services and/or tasks performed as set forth below requiring specialized skills, training, equipment, and other supportive capabilities; and WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills, experience, equipment, and necessary capabilities, including technical and professional expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon which the City is relying. NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein, the parties agree as follows: I. Scope of Services. The Consultant shall perform such services and accomplish such tasks, including the furnishing of all labor, materials, facilities and equipment necessary for full performance thereof, as identified and designated as Consultant's Responsibilities throughout this Agreement, and as more particularly described in Scope of Work detailed in Exhibit A, attached hereto and incorporated herein (the "Project"). 2. Term. This Project shall begin on April 1, 2016, and promptly be completed within One Hundred Twenty (120) days, in accordance with the schedule attached hereto as Exhibit B. 3. Compensation and Payment. 3.1 Payment for services provided hereunder shall be made following the performance of such services. Such payment shall be full compensation for work performed or services rendered, and for all labor, materials, supplies, equipment, and incidentals necessary to complete the Project. 3.2 No payment shall be made for any services rendered by the Consultant except for services identified and set forth in this Agreement except as may be authorized by a prior written supplemental agreement approved by the City. 3.3 The City shall pay the Consultant for work performed under this Agreement upon timely submitted invoices detailing work performed and expenses for which reimbursement is sought. The City shall approve all invoices before payment is Professional Services Agreement- 1 Page 46 of 81 issued. Payment shall occur within thirty (34) days of receipt and approval of an invoice. 3.4 The City shall pay the Consultant for such services as follows: Hourly: (Single Rate) $ per hour plus actual expenses incurred as provided under this Agreement, but not to exceed a total of $ without prior written authorization by the City; or [ ] Hourly: (Multiple Rate). Such rates as identified on Exhibit C, plus actual expenses incurred as provided under this Agreement, but not to exceed a total of $ without the prior written authorization by the City; or [ X ] Fixed Sum: A total of $49,706; or ] Other: for all work performed and expenses incurred under this Agreement. 4. Reports and Inspections. 4.1 The Consultant at such times and in such forms as the City may require, shall furnish to the City such statements, records, studies, surveys, reports, data, and information as the City may request pertaining to matters covered by this Agreement. 4.2 The Consultant shall, at any time during normal business hours and as often as the City or the Washington State Auditor may reasonably deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the City, or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The City shall receive a copy of all audit reports made by the agency or farm as to the Consultant's activities. The City may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the Consultant's activities which relate, directly or indirectly, to this Agreement. Consultant shall be provided a copy of such reports. 4.3 The Consultant, during the term of this Agreement, shall obtain all permits and registration documents necessary for the performance of its work and for the execution of services at its own expense, and shall maintain its validity. Upon request, the Consultant shall deliver to the City copies of these licenses, registration documents, and permits or proof of their issuance or renewal. 4.4 Consultant shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Professional Services Agreement- 2 Page 47 of 81 Agreement, and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit as provided above. 4.5 The Consultant shall retain all books, records, documents or other material relevant to this Agreement for three (3) years after its expiration. Consultant agrees that the City, or its designee, shall have full access and right to examine any of said materials at all reasonable times during this period. 5. Ownership and Use of Documents. 5.1 All research, tests, surveys, preliminary data, information, drawings and documents made, collected, or prepared by the Consultant for performing the services subject to this Agreement, as well as any final product, collectively referred to as "work product", shall be deemed as the exclusive property of the City, including copyright as secured thereon. Consultant may not use them except in connection with the performance of the services under this Agreement or with the prior written consent of the City. Any prior copyrighted materials owned by the Consultant and utilized in the performance of the services under this Agreement, or embedded in with the materials, products and services provided thereunder, shall remain the property of the Consultant subject to a license granted to the City for their continued use of the products and services provided under this Agreement. Any work product used by the Consultant in the performance of these services which it deems as "confidential", "proprietary", or a "trade secret" shall be conspicuously designated as such. 5.2 In the event of Consultant's default, or in the event that this Agreement is terminated prior to its completion, the work product of the Consultant, along with a summary of the services performed to date of default or termination, shall become the property of the City, and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of services provided shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. if the Agreement is terminated through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of services provided. 6. Public Records. 6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW "Public Records Act." All preliminary drafts or notes prepared or gathered by the Consultant, and recommendations of the Consultant are exempt prior to the acceptance by the City or its prior public citation by the City in connection with City action. Professional Services Agreement- 3 Page 48 of 81 6.2 If the Consultant becomes a custodian of public records of the City and request for such records is received by the City, the Consultant shall respond to the request by the City for such records within five (5) business days by either providing the records, or by identifying in writing the additional time necessary to provide the records with a description of the reasons why additional time is needed. Such additional time shall not exceed twenty (20) working days unless extraordinary good cause is shown. 6.3 In the event the City receives a public records request for protected work product of the Consultant within its possession, the City shall, prior to the release of any protected work product or as a result of a public records request or subpoena, provide Consultant at least ten (i 0) business days prior written notice of the pending release and to reasonably cooperate with any legal action which may be initiated by the Consultant to enjoin or otherwise prevent such release. 7. Independent Contractor Relationship. 7.1 The parties intend that an independent contractor relationship is created by this Agreement. The City is interested primarily in the results to be achieved, subject to the scope of services and the specific requirements of this Agreement, the implementation of services will lie solely with the discretion of the Consultant. No agent, employee, officer or representative of the Consultant shall be deemed to be an employee, agent, officer, or representative of the City for any purpose, and the employees of the Consultant are not entitled to any of the benefits or privileges the City provides for its employees. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, officers, subcontractors or representatives during the performance of this Agreement. 7.2 In the performance of the services provided in this Agreement, Consultant is an independent contractor with full authority to control and direct the performance of the details of the work, however, the results of the work contemplated herein must meet the approval of the City and shall be subject to the City's general rights of inspection and review to secure the satisfactory completion thereof. 7.3 The Consultant shall comply with all State and Federal laws including, but not limited to: 7.3.1 The definition requirements of RCW 50.04.140 (Employment Security). 7.3.2 RCW 51.08.195 (industrial Insurance). 7.3.3 Obtain a City of Pasco business license. 7.4 The City may, at its sole discretion, require the Consultant to remove any employee, agent or servant from employment on this Project who, in the City's sole discretion, may be detrimental to the City's interest. Professional Services Agreement- 4 Page 49 of 81 8. Indemnification. 8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers from any and all claims and causes of action, including, but not limited to, actions of law or administrative proceedings for all injuries to persons or damages to property, and all losses, damages, demands, suits, judgments, including attorney fees, arising out of, or as a result of, or in connection with the work performed under this Agreement, and caused or occasioned in whole or in part by reason of errors, negligent acts or omissions of the Consultant or its subcontractors in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City, its officers, employees, agents, and volunteers. 8.2 Should a Court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injuries or damages to property caused by or resulting from the concurrent negligence of the Consultant, and the City, its officers, employees, agents and volunteers, the Consultant's liability and obligation to defend hereunder shall only be the proportionate extent of the Consultant's negligence. 8.3 It is further agreed that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. 8.4 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 8.5 This indemnification shall include damages, penalties and attorney fees sustained as a result of Consultant's delayed or failed performance of Section 6 above. 8.6 This waiver has been mutually negotiated by the parties, and the provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or subcontractors. 9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: 9. 1.1 Automobile Liability insurance covering all owned, non -owned, hired and ]eased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability Professional Services AgTeemenl- 5 Page 50 of 81 coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 9.1.2 Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 9.1.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 9.1.4 Professional Liability insurance appropriate to the Consultant's profession. 9.2 Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 9.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 9.2.2 Commercial General Liability insurance shall be written with limits no less than: [ X ] $1,000,000 each occurrence; [ ] 52,000,000 general aggregate; or [ ] $ each occurrence; and $ general aggregate 9.2.3 Professional Liability insurance shall be written with limits no less than: [ X ] $1,000,000 per claim; [ ] $1,000,000 policy aggregate limit; or [ ] $ per claim; and $ per policy aggregate limit. 9.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: 9.3.1 The Consultant's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 9.3.2 The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either pally, except after thirty (30) days prior written Professional Services Agreement- 6 Page 51 of 81 notice by certified snail, return receipt requested, has been given to the City. 9.4 Acceptability of Insurers. Insurance is to placed with insurers with a current A.M. Best rating of not less than A: Vll. 9.5 Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 10. Nondiscrimination -- Title VI Assurances. During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: 10.1 Compliance with Regulations. The Consultant shall comply with the Regulations relative to Nondiscrimination in federally assisted programs of the City, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as "Regulations"), which are herein incorporated by reference and made a part of this Agreement. During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 20004 through 20OOd-4a) Federal -Aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 Professional Services Agreement- 7 Page 52 of 81 RCW 49.60.180 10.2 Nondiscrimination. The Consultant, with regard to the work performed during the Agreement, shall not discriminate on the grounds of race, color, sex, or national original in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 or the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations. 10.3 Solicitations for Subconsultants, Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiations made by the Consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subconsultant or supplier shall be notified by the Consultant of the Consultant's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, sex or national origin. 10.4 Information and Reports. The Consultant shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by City, State or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the City, State or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 10.5 Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such Agreement sanction as it, the State or the FHWA may determine to be appropriate, including, but not limited to: withholding or payments to the Consultant under the Agreement until the Consultant complies; and/or cancellation, termination, or suspension of the Agreement, in whole or in part. 10.6 Inco oration of Provisions. The Consultant shall include the provisions of paragraphs 10.1.1 through 10.1.5 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant shall take such action with respect to any subconsultant or procurement as the City, State or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the City and the State enter into such litigation to protect the interests of the City and the State and, in addition, the Consultant may request Professional Services Agreement- 8 Page 53 of 81 the United State enter into such litigation to protect the interests of the United State. 11. Covenant Against Contin ent Fees. The Consultant warrants that it has not employed nor retained any company, firm, or person, other than a bona fide employee working exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid or agreed to pay any company, person or firm, other than a bona fide employee working exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement. 12. Assignment and Subcontracting. 1-1.1 The City has awarded this Agreement to the Consultant due to its unique qualifications to perform these services. The Consultant shall not assign (or subcontract other than as specifically identified in Exhibit A) its performance under this Agreement or any portions of this Agreement without the prior written consent of the City, which consent must be sought at least thirty (30) days prior to the date of any proposed assignment. 12.2 Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement including Section 6, Public Records; Section 10, Nondiscrimination; proper bidding procedures where applicable; and all local, State and Federal statutes, ordinances and guidelines. 12.3 Any technical or professional service subcontract not listed in this Agreement, must have prior written approval by the City 13. Termination. 13.1 Termination for Convenience. Either party may terminate this Agreement for any reason upon giving the other party no less than ten (10) calendar days written notice in the advance of the effective date of such termination. 13.2 Termination for Cause. if the Consultant fails to perform in the manner called for in this Agreement, or if the Consultant fails to comply with any other provisions of this Agreement and fails to correct such noncompliance within five (5) calendar days of written notice thereof, the City may terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the Consultant setting forth the manner in which the Consultant is in default. The Consultant will only be paid for services for complying with the terms of this Agreement. Professional Services Agreement- 9 Page 54 of 81 14. General Provisions. 14.1 For the purpose of this Agreement, time is of the essence. 14.2 Notice. Notice provided for in this Agreement shall be sent by: 14.2.1 Personal service upon the Project Administrators. 14.2.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. 14.3 The Project Administrator for the purpose of this Agreement shall be: 14.3.1 For the City: fire Chief, or his designee 310 N. Oregon Pasco WA 99301 gearb@pasco-wa.gov 14.3.2 For the Consultant: Emergency Services Consulting International 25030 SW Parkway Ave.,Suite 330 Wilsonville, OR 97070 andrea.hobi@esci.us 15. Dispute Resolution. 15.1 This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington, and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington.. 15.2 In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, 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. Nonwaiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement, shall not constitute a waiver of any other similar event or other provision of this Agreement. 17. Integration. This Agreement between the parties consist in its entirety of this document and any exhibits, schedules or attachments verified by initials as a part of Exhibit A. Any Professional Services Agreement- 10 Page 55 of 81 modification of this Agreement or change order affecting this Agreement shall be in writing and signed by both parties. 18. Authorization. By signature below, each party warrants that they are authorized and empowered to execute this Agreement binding the City and the Consultant respectively. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. CITY OF PASCO, WASHINGTON CONSULTANT 525 North 3rd Pasco WA 99301 (509) E -Mail ATTEST: Debbie Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Professional Services Agreement- I 1 M. E -Mail Page 56 of 81 Attachment A Scope of Work — Emergency Services (Master Plan Phase 1: Project Initiation Task 1-A: Project Initiation & Development of Work Plan ESCI will develop a project work plan based on the scope of work and converse with the community's project team to gain a comprehensive understanding of the organization's background, goals, and expectations for the project. This work plan will be developed identifying: • Primary tasks to be performed • Person(s) responsible for each task • Time table for each task to be completed Method of evaluating results Resources to be utilized • Possible obstacles or problem areas associated with the accomplishment of each task This meeting will also help to establish working relationships, make logistical arrangements, determine an appropriate line of communications, and finalize contractual arrangements. Task 1-13: Acquisition & Review of Background Information ESCI will request pertinent information and data from the organization's assigned project manager. This data will be used extensively in the analysis and development of the master plan document. The documents and information relevant to this project will include, but not be limited to, the following: • Past or current fire department studies or research • Community Comprehensive Plan documents, including current and future land use information • Local census and demographics data • Zoning maps and zoning code • Financial data, including debt information, long-range financial plans and projections • Department administrative policies and procedures • Standard Operating Guidelines (SOGs) and service delivery practices • Current service delivery objectives and targets • Facilities and apparatus inventories • Local collective bargaining agreement(s), if applicable • Automatic and mutual aid agreements • Records management data, including National Fire Incident Reporting System (NFIRS) incident data • Computer -Aided Dispatch (CAD) incident records • Local Geographic Information Systems (GIS) data, where available ESC! Project: Emergency Services Moster Plan, Pasco, INA Page 3 Page 57 of 81 Task 1-C: Site Visit & Stakeholder Input The ESCI project team will conduct interviews with and gather information from key personnel including: • Elected or appointed officials • Fire department managers and other key staff • Finance function manager • Community planning staff • Human resource function coordinator • External Fire and EMS agencies within the region • Medical facilities, medical director for regional or community EMS, if necessary • Employee and volunteer groups • Others as they may contribute to this project The project team will interview key stakeholders of any organization associated with this study. At a minimum, members of the project team will interview appropriate community officials, fire department officials, volunteer association leaders, labor organization representatives and others that the project team deems necessary. From these interviews, ESCI will obtain additional perspective on operational, economic, and policy issues facing the agency. In addition, the project team will learn more about availability of data necessary to meet projected goals. Phase It: Evaluation of Current Conditions The initial phases of the study focus on a baseline assessment of the current conditions and current service performance. ESCI will conduct an organizational analysis of the department based on the elements included in the following tasks. The purpose of this evaluation is to assess the agency's operations in comparison to industry standards and best practices, as well as to create a benchmark against which the options for future service delivery can be measured. Task 2-A: Organization Overview An overview of the organization and community will be developed discussing: • Service area population and demographics • History, formation, and general description of the fire agency • Description of the current service delivery infrastructure • Governance and lines of authority • Foundational policy documents • Organizational design ESCI Project: Emergency Services Master Plan, Pasco, WA Page 4 Page 58 of 81 Task 2-113: Management Components The organization's basic management processes will be reviewed, including: • Mission, vision, strategic planning, goals, and objectives • Internal assessment of critical issues • Internal assessment of future challenges • Internal and external communications processes • Document control and security • Reporting and recordkeeping • Information technology systems Task 2-C: Capita! Assets and Capital Improvement Programs ESCI will review status of current major capital assets (facilities and apparatus) and analyze needs relative to the existing condition of capital assets and their viability for continued use in future service delivery, including: Facilities —Tour and make observations in areas related to station efficiency and functionality. Items to be contained in the report include: • Design • Code compliance • Construction • Staff facilities • Safety • Efficiency • Environmental issues • Future viability Apparatus/Vehicles— Review and make recommendations regarding inventory of apparatus and equipment. Items to be reviewed include: • Age, condition, and serviceability • Distribution and deployment • Maintenance • Regulations compliance • Future needs Task 2-D: Staffing ESCI will review the department's staffing levels. Areas to be considered include: • Review and evaluate administration and support staffing levels • Review and evaluate operational staffing levels • Review staff allocation to various functions and divisions • Review staff scheduling methodology • Analyze current standard of coverage and staffing performance for incidents • Review firefighter/EMS staff distribution • Review utilization of career and volunteer companies (if applicable and in accordance with methodologies recommended in NFPA 1710 and 1720) • Review responsibilities and activity levels of personnel ESC! Project: Emergency Services Master Plan, Pasco, WA Page 5 Page 59 of 81 Task 2-E: Service Delivery and Performance ESCI will review and make observations in areas specifically involved in, or affecting, service levels and performance. Areas to be reviewed shall include, but not necessarily be limited to: • Demand Study — ■ Analysis and geographic display of current service demand by incident type and temporal variation • Distribution Study — ■ Overview of the current facility and apparatus deployment strategy, analyzed through Geographical Information Systems software, with identification of service gaps and redundancies • Concentration Study — ■ Analysis of response time to achieve full effective response force ■ Analysis of company and staff distribution as related to effective response force assembly • Reliability Study — ■ Analysis of current workload, including unit hour utilization of individual companies (to the extent data is complete) ■ Review of actual or estimated failure rates of individual companies (to the extent data is complete) ■ Analysis of call concurrency and impact on effective response force assembly • Performance Summary — + Analysis of actual system reflex time performance, analyzed by individual companies (to the extent data is available) • Incident control and management Task 2-F: Training Program ESCI will review and make overall observations involving the training program. Items to be reviewed include: • General training competencies • Training administration • Training schedules • Training facilities • Training procedures, manuals, and protocols • Training record keeping ESCI will review and make overall observations involving the fire prevention program. Items to be reviewed include: • Code enforcement activities • New construction inspection and involvement • General inspection program • Fire and Life -Safety public education programs • Fire investigation programs • Pre -incident planning • Statistical collection and analysis ESC! Project: Emergency Services Master Plan, Pasco, WA Page 6 Page 60 of 81 Task 2-H: Emergency Medical Services System, Support and Oversight Evaluate the current Emergency Medical Services system, support and oversight mechanisms to include, but not limited to, the following: • Review of EMS service delivery system and logistical support services • Review of current medical control and oversight • Review of quality assurance/quality improvement mechanisms in place • Review of system integrity in regards to required credentialing Task 2-I: HAZMAT Services Support and Response Capability Evaluate the agencies' capabilities in regards to hazardous materials incident responses to include, but not limited to, the following: Review of physical and personnel resources Review of training and educational compliance Review of historical staffing performance in regards to hazardous materials responses Task 2-J: Technical Rescue Services Support and Response Capability Evaluate the agencies' capabilities in regards to technical rescue incident responses to include, but not limited to, the following: • Review of physical and personnel resources • Review of training and educational compliance • Review of historical staffing performance in regards to technical rescue responses Task 2-K: Fire Department Planning The planning processes within the agency shall be reviewed. Key components will include: • Review and evaluate the adequacy of the current planning process • Review elements of tactical planning and operational planning within the organization • Review mid- or long range or other planning efforts • Make recommendations relative to future planning process needs Task 2-L: Airport Impacts ESCI will evaluate the airport response system as provided by PFD currently, and the impact of planned expansion on PFD. Key components will include: • Review and evaluate the adequacy of the current response capability at the airport • Evaluate the potential impact to growth in the city based on the planned growth of the airport • Make recommendations relative to future deployment decisions and response demand Task 2-M: Fiscal Analysis of Current Conditions ESCI will examine the actual public costs for the Pasco Fire Department by reviewing not only the fire department budget, but overhead costs the city incurs in support of the fire department. Funding mechanisms are identified and a comprehensive financial assessment is provided. • Review and analysis of each departments budgets and revenues • Current costs of providing fire protection and EMS ESC! Project: Emergency Services Master Plan, Pasco, WA Page 7 Page 61 of 81 • Budgets and revenues • Financial issues • Develop projected budget extending to five years at status quo • Critical issues regarding funding, taxation, values, and economic trends • Community economics, demographics, and risk levels Phase 111: Future System Demand Projections The project moves forward with an assessment of the future community conditions, service demand, and fire protection risks that the organization can be expected to serve. ESCI will conduct an analysis of community growth projections and interpret their impact on emergency service planning and delivery. Task 3-A: Population Growth Projections An interpretation of available census and community development data will be provided indicating: • Population history • Census -based population growth projections • Community planning -based population growth projections Task 3-B: Service Demand Projections Population growth projections, along with historical and forecast incident rates, will be utilized to develop projections for future service demand. Task 3-C: Community Risk Analysis Land use and zoning classifications will be used, along with specific target hazard information, to analyze and classify community fire protection risk by geography. This process will be completed with GIS software and will consider: • Population and population density • Demographics • Community land use regulations • Occupancy types by land use designation • Hazardous substances and processes Phase !V: Future Delivery System Models The project concludes with strategies intended to place the organization in a position to successfully serve its future demand and risk. ESCI will develop and analyze various operational models to provide the desired levels of service identified in the previous task at the most efficient cost. Recommendations will be provided identifying the best long-range strategy for service delivery and the impact of initiating such a strategy. In addition, short and mid-term strategies will be recommended for service delivery improvement or increased efficiency. Task 4-A: Development of Response Standards and Targets An appropriate set of response performance goals will be developed for the fire department matching the nature and type of risks identified in the previous report sections. The performance goals shall be developed with consideration to: ESCI Project: Emergency Services Master Plan, Pasco, WA Page 8 Page 62 of 81 • Incident -specific staffing levels to meet the critical tasking analysis for the identified risks • Apparatus assignments to accommodate the anticipated fire flows and other critical functions of the identified risks • Time standards that will provide for effective initiation of critical tasks and functions Task 4-B: Short and Mid -Term Strategies Recommendations for improving service delivery and system efficiency prior to any full implementation of the long-term strategy will be provided in areas such as: • Agency management and organization • Staffing and personnel deployment • Service delivery methods • Training programs • Prevention programs • Enhanced cooperative service agreements with other communities or agencies • System funding and cost recovery Task 4-C: Recommended Long -Term Strategy ESCI will develop a recommended long-term option for resource deployment that will improve the department's level of service towards the identified performance objectives and targets. This may include, but is not necessarily limited to, specific recommendations regarding: • Any relocation of existing facilities. • General locations of future necessary fire stations. • Selection and deployment of apparatus by type. • Deployment of operations personnel. • Future administrative and support personnel. • Deployment of special units or resources • Additional infrastructure or facilities for administration and support programs ESCI will evaluate and present in graphical and descriptive format for each of the deployment option(s): • Degree of benefit to be gained through its implementation • Extent to which it achieves established performance targets • Potential negative consequences Task 4-11): Cost Projections ESCI will provide general projections of the cost of recommended long-term strategies, specifically related to: • Facility changes or additions • Staff changes or additions • Primary apparatus changes or additions ESC! Project: Emergency Services Master Plan, Pasco, WA Page 9 Page 63 of 81 Cost projections will be provided for both capital expenditures and on-going operational costs. Operational costs will be provided as one-year projections of additional or reduced expenditures resulting from full implementation of the strategy. Additional findings and recommendations will be made, where appropriate, regarding: • Options for long-term funding strategies • Options for cost avoidance • Options for cost recovery Phase V. Development, Review, and Delivery of Report Task 5-A: Development and Review of Draft Report ESCI will develop and produce an electronic version of the draft written report for review by the client and client representatives. Client feedback is a critical part of this project and adequate opportunity will be provided for review and discussion of the draft report prior to finalization. The report will include: • Detailed narrative analysis of each report component structured in easy -to -read sections and accompanied by explanatory support to encourage understanding by both staff and civilian readers • Clearly designated recommendations highlighted for easy reference and cataloged as necessary in a report appendix • Supportive charts, graphs, and diagrams, where appropriate • Supportive maps, utilizing GIS analysis as necessary Task 5-B: Delivery and Presentation of Final Report ESCI will complete any necessary revisions of the draft and produce five publication -quality bound, final versions of the written report along with an electronic in PDF file format. A formal presentation of the project report will be made by ESCI project team member(s) to staff, elected officials, and/or the general public as necessary and will include the following: • A summary of the nature of the report, the methods of analysis, the primary findings, and critical recommendations • Supportive audio-visual presentation • Review and explanation of primary supportive charts, graphs, diagrams, and maps, where appropriate • Opportunity for questions and answers, as needed • All presentation materials, files, graphics, and written material will be provided to the client at the conclusion of the presentation(s) ESCI Project: Emergency Services Master Plan, Paseo, WA Page 10 Page 64 of 81 Exhibit B are -contract work Data Request =hale I - Project lnidaUon Task 1A: Project Initiation & Development of Work Pian Task 1B: Acquisition & Review of Background Information Task 1C: Stakeholder Input 'horse I/ - Baseline Evaluation of Agency Task 2A: Organization Overview Task 2B: Management Components Task 2C: Capital Assets & Improvements Task 2D: Staffing Task 2E: Service Delivery & Performance Support Program Task 2F: Training Program Task 2G: Fire Prevention Program Task 21+: Emergency Medical Services System, Support & Oversight Task 21: HazMat Services Support and Response Capability Task 2-J: Technical Rescue Services Support and Response Capability Task 2-K: Fire Department Planning Task 2-L• Airport Impacts Task 2-M: Fiscal Analysis of Current Conditions Kase til - Feasibility of Options Task 3-A: Population Growth Projections Task 3-B: Service Demand Projections Task 3-C: Community Risk Analysis oast IV: Future Delivery System Models Task 4-A: Development of Response Standards and Targets Task 4-B: Short and Mid -Term Strategies Task 4-C: Recommended Long -Term Strategy Task 4-D: Cost Projections lose V: Development Review, and Delivery of Report Task 5-A: Development and Review of Draft Report 7ask 5-0: Delivery and Presentation of Final Report Page 65 of 81 AGENDA REPORT FOR: City Council March 7, 2016 TO: Dave Zabell, City Manager Workshop Meeting: 3/14/16 Ahmad Qayoumi, PW Director FROM: Dan Ford, City Engineer Public Works SUBJECT: Sole Source Purchase of Paco Pumps for the East Side Booster Station Upgrade (BS 2.1) I. REFERENCE(S): Vicinity Map Sole Source Worksheet Sales Quotation Prososed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: 2015 Bond Proceeds - $55,846.46 (Purchase Price of Pumps) IV. HISTORY AND FACTS BRIEF: The East Side Booster Pump Station (BPS) is located adjacent to City Fire Department #81 at 310 North Oregon Avenue. This pump station is an essential facility to increase potable water pressure in the East Pasco area for domestic water service and fire flow. Recent commercial and residential growth within the BPS service area exceeds the original design capabilities of the BPS. The need for upgrades to the East Side BPS was first identified in the 2010 City of Pasco Comprehensive Water System Plan. The project is included in our 2016-2021 Capital Improvements Plan. V. DISCUSSION: Staff is recommending purchasing the two new pumps from a sole source supplier. See attached supporting documentation with the following justification for the same: Page 66 of 81 Public Works has previously explored the best options for pumps for the City of Pasco. Several criteria above efficiency and reputation were paramount for pump manufacturers under consideration, with the most important being increased serviceability and functionality, so that these pumps would continue to provide long lasting service to the citizens of Pasco. Paco pumps were found to be a superior product with over 100 years of innovative technological design, advanced performance, and thousands of reliable installations backing them. Paco pumps are one of the current equipment standards being used by the City. Existing City installations of Paco pumps continue to perform well, even in locations where the pumps were subjected to extreme operating conditions. The City of Pasco endeavors to develop relationships with local and regional businesses that supply equipment because these businesses can often provide more timely attention to the products they support. More often than not this equates to less cost for the life of the product and better attention to the end user, the public, than a similar product whose initial cost may be lower, but the life -cycle cost in parts and downtime can be much higher. These types of businesses are often better able to respond to emergency requests and tend to take more of a vested interest in the clients they support. With this in mind, the regional distributor for Paco pumps is Pump Tech, Inc., from Moses Lake, WA. Staff recommends the purchase of two (2) Paco LF Series End Suction Centrifugal Pumps from Pump Tech, Inc., as a sole source supplier due to the efficiencies, quality of the product and life -cycle cost. Page 67 of 81 T.9N. R30E. W.M. NTS Page 68 of 81 SOLE SOURCE WORKSHEET Sole source purchases are defined as clearly and legitimately limited to a single supplier. Sole source purchases are normally not allowed except when based upon strong technological grounds such as operational compatibility with existing equipment and related parts or upon a clearly unique and cost effective feature requirement. Requisition Item: Paco LF Series End Suction Centrifugal Pump Requisition No. 0121467 Prior Purchase Order Number (if item had been approved previously): Paco pumps were used at the Road 36 Booster Pump Station. Please describe the items and its function: 2 EA Paco LF Series End Suction Centrifugal Pump 2,000 GPS 100' TDH, Catalog #11-60123-X58201-XXXXEE, together with all Mpurtances. _ This pump is able to operate efficiently through the wide range of operating flow parameters that the new booster pump improvements will provide. 2. This is a sole source because: sole provider of a licensed or patented good or service Q sole provider of items that are compatible with existing equipment, inventory, systems, programs or services ❑ sole provider of goods and services for which the City has established a standard ❑ sole provider of goods or services that will meet the specialized needs of the City or perform the intended function (please detail below or in an attachment) ❑ the vendor/distributor is a holder of a used item that would represent good value and is advantageous to the City (please attach information on market price survey, availability, etc.) What necessary features does this vendor provide which are not available from other vendors? Please be specific. Paco pumps are one of the current equipment standards being used by the Ci 's Water Utili due to increased serviceability and functionality. Existing City installations of Paco pumps continue to perform well even in locations where the pumps were subjected to extreme operating conditions. Typically, the City prefers to purchase_ pumps from local distributors and not directly from the manufacturer. City pumps generally have longlife ife spans and require period maintenance and/or refurbishment. The City finds that developing relationships with local distributors ensures superb, personal service during the reconditioning process. Additionally, during an emergency, local distributors often have spare parts and consumables on hand that allow the City's pumps to be quickly re aired and working -with minimal down time. Pump Tech Inc. from Moses Lake WA is the nearest distributor of Paco brand pumps. 4. What steps were taken to verity that these features are not available elsewhere? Other brands/manufacturers were examined (please list phone numbers and names, and explain why these were not suitable). The Peerless brand of pump was briefly considered before the design team identified the Paco pump as the superior product for use in this installation. Grundfos one of the world's leading um manufacturers owns several pump brands including the American pump manufacturers Paco Pumps and Peerless Pump. ❑ Other vendors were contacted (please list phone numbers and names, and explain why these were not suitable). Other vendors were not contacted. Pump Tech, Inc., from Moses Lake, WA is the nearest distributor of Grundfos owned pump brands. Page 69 of 81 Sole source vendor certifies that the City is getting the lowest price offered for the item. The quoted price of the pumps includes an increase in cost due to the required factory performance testing and vibration testing that are a part of our City specifications. Without the testing requirements, the qLaoted.price is $22,256.33 per puMp, Certification of Need This recommendation for sole source is based upon on objective review of the product/service required and appears to be in the best interest of the City. I know of no conflict of interest on my part of personal involvement in any way with this request. No gratuities, favors or comprising actions have been taken. Neither has my personal familiarity with particular brands, types or equipment, materials or firm been a deciding influence on my request to sole source this purchase. n By;. dcp`l ! Date: 3 ' c9"0 i (o Page 70 of 81 /U/T7 ECH ArMCw. TO: Teresa Reed -Jennings Pasco, City of PO Box 293 Pasco, WA 99301 Phone: 509-545-3444 Fax: 509-543-5758 Sales Quotation PumDTech Inc. Page: 209 S Hamilton Rd Moses Lake, WA 98837 Phone: 509-766-6330 Fax: 509-766-6331 esmith@pumptechnw.com Customer#: 0117700 Salesperson: Ed Smith / Nathan Stark Quote #: 0121467 Lead Time: 6 weeks Date: 2/20/2016 FOB: FOB ORIGIN - FFA Expires: 3/31/2016 Ship Via: BEST WAY Project Name: East Side Booster Station -Pasco Item Price Qty Extend LF 60123 2,000GPM @ 100' TDH 25,712.00 2.00 51,424.00 PACO LF SERIES END SUCTION CENTRIFUGAL PUMP CATALOG #11-60123-X58201-XXXXEE, -CAST IRON BRONZE FITTED CONSTRUCTION - VERTICAL DISCHARGE - TAP IN TOP SIDE OF VOLUTE TO RELIEVE AIR -11.20" IMPELLER -SINGLE TYPE 21 S VITON/CARBON/Si-CBD MECHANICAL SEAL -FALK TYPE T10 COUPLING AND GUARD -BALDOR 75HP 180ORPM 230-460/3/60 TEFC PREM. EFF. MOTOR WITH ADDERS FOR HEATER, THERMISTORS, AND SHAFT GROUNDING RINGS. -FABRICATED STEEL BASE. -FACTORY TESTING -1 DAY OF START UP AND TRAINING Freight FOB; FACTORY FULL FREIGHT ALLOWED 0.00 1.00 0.00 SubTotal 51,424.00 The above order is subject to Pumptech Inc. standard terms and conditions and credit approval which are attached and made part of this agreement. We appreciate your interest in our products and services and if you have any questions on our offerings please do not hesitate to call. By signature below, I accept this offering: Sales Tax: 4,422.46 Signed: Total: 55,846.46 Name: Title: Page 71 of 81 /ui'T�,v/ECH STANDARD TERMS & CONDITIONS SHIPMENT Estimated shipment from manufacturer can proceed as quoted after receipt of approved submittals and purchase order. Quoted shipment time is not guaranteed and is based on information from our suppliers. Any late delivery charges due to shipment beyond the above estimated schedule will not be accepted. CONDITIONS OF SALE PUMPTECH INC is not bound by the terms and conditions in Purchaser's Purchase Order or in Purchaser's or Owner's Plans & Specifications unless such terms are delivered to PumpTech prior to quotation and referenced in the quotation . PUMPTECH INC is not responsible for delay, disruption, consequential or liquidated damages of any sort, unless Purchaser requests and receives a quotation which includes pricing and terms for such damages. CREDIT APPROVAL AND PAYMENT TERMS Credit approval is required by PUMPTECH INC. prior to release of order to manufacturer; however, submittal may begin at the time of receipt of purchase order.PUMPTECH, INC.'s payment terms are Net 30 days from invoice date. In some circumstances PUMPTECH, INC. may require Progress Payments. Progress payments are due and payable on receipt of invoice. "Standard Progress Payment Plan" is defined as a payment plan that includes the following terms in the Purchase Order or in the agreement: a. 15% - Fifteen percent on receipt of approved drawings b. 30% - Thirty percent with order of major components C. 20% - Twenty percent on receipt of major components at our facility d. 30% - Thirty percent upon shipment e. 5% - Five percent on start up A finance charge of 1.5% per month will be charged on all past due balances. If PUMPTECH, INC. is forced to turn this over to a collection agency; purchaser agrees to pay costs of the collection to the extent that is allowed by law for commercial accounts. Purchaser also agrees to pay attorney fees and court costs in the event of a suit. WARRANTY The only warranty/guarantee implied or applied to this quotation are those as put forth by the original manufacturer. Products manufactured by PUMPTECH INC. are warranted to be free from defects in material and workmanship for a period of one (1) year from the date of installation provided that the product is properly installed, serviced, and operated under normal conditions. TAXES The pricing in the quotation does not include any local, state, or federal taxes. If applicable, taxes will be included on the invoice. With the signature below, purchaser agrees to the above terms and conditions, and authorizes PUMPTECH INC. to proceed with the order. (Purchaser's signature) Printed Name & Title (Date) Page 72 of 81 RESOLUTION NO. A RESOLUTION WAIVING COMPETITIVE BIDDING REQUIREMENTS FOR THE PURCHASE OF TWO (2) PACO LF SERIES END SUCTION CENTRIFUGAL PUMPS FROM PUMP TECH, INC., AND AUTHORIZING THE PURCHASE. WHEREAS, the existing East Side Booster Pump Station must be upgraded to provide additional capacity, and WHEREAS, the City is now considering the purchase of Paco pumps similar to the ones in use at the Road 36 Booster Pump Station, and WHEREAS, the City has evaluated the performance of the proposed Paco pumps from Pump Tech, Inc., and found them it capable of providing the required capacity, and WHEREAS, pursuant to RCW 39.04.280, Pump Tech, Inc., is the nearest pump distributor of sole source Paco Pumps determined to be capable of supplying the East Side Booster Pump Station while meeting the wide range of operating flow parameters, thereby allowing the City to upgrade the pump station; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council does hereby declare that the purchase two (2) Paco LF Series End Suction Centrifugal Pumps and legitimately limited to a single source of supply, and that the sole source of supply is Pump Tech, Inc., and BE IT FURTHER RESOLVED, that the competitive bidding requirements for the City of Pasco are hereby waived and the Pasco Public Works Department is authorized to purchase two (2) Paco LF Series End Suction Centrifugal Pumps from Pump Tech, Inc., for an amount not to exceed the sum of $55,846.46. PASSED by the City Council of the City of Pasco this 21St day of March, 2016. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney Page 73 of 81 AGENDA REPORT FOR: City Council February 26, 2016 TO: Dave Zabell, City Manager Workshop Meeting: 3/14/16 FROM: Rick Terway, Director Administrative & Community Services SUBJECT: Water Follies Agreement I. REFERENCE(S): Proposed Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: In 2013, City Council approved a 3 year agreement with the Water Follies Association, setting forth the conditions of approval for the Water Follies event at Wade Park and allowing streets south of Sylvester Street between Roads 36 and 56 to be closed for such event. As the prior agreement has expired, staff proposes a new 5 year agreement, with a 5 year extension, and the ability to revisit fees and any necessary changes on an annual basis. V. DISCUSSION: The proposed agreement is essentially the same as prior years. The Association is allowed to close roads during the stipulated dates and will provide adequate crowd and traffic control as well as first aid services. They also deposit a check with the City in the amount of $1,500 to cover damage and clean-up and pay $1,000 to assist with the cost of onsite EMT's and an additional $500 to cover an on-site Rescue Boat. The Association will provide liability (including liquor liability) insurance and require all contract vendors to provide insurance as well. Page 74 of 81 AGREEMENT FOR OPERATION OF WATER FOLLIES EVENT (2016-2020) This agreement is made and entered into this day of , 2016, between the City of Pasco, hereinafter referred to as the "City," and the Tri -City Water Follies Association, hereinafter referred to as the "Association." WHEREAS, the Association has applied for the right to conduct the 2016-2020 Columbia Cup Unlimited Hydroplane Races on water adjacent to certain City lands and needs the temporary use of such lands for said activity, and; WHEREAS, this activity is planned for the enjoyment of the general public; NOW THEREFORE, in consideration of the covenants and agreements herein contained and the terms and conditions thereof, the parties agree to the following: I For the years 2016-2020, the City grants to the Association the temporary use of the property for the periods defined in Section VIII of this agreement and Schedule "1", within their respective boundaries described in Exhibit "A", attached hereto and by this reference made a part hereof, including all parking lots together with the right of access thereto and therefrom. This agreement may be extended for an additional 5 year period by request of either party. II The Association shall be allowed to collect a donation fee from each person over 5 years of age entering said land for viewing the hydroplane races, provided the proceeds are used solely for the conduct of the program and necessary expenses incidental thereto. An accounting of all revenue received shall be presented to the City before January 1 of the following year for each of the three years this agreement shall remain in effect. Donation and parking fee amounts and hours when fees may be collected are described in Schedule "1". By agreement of the parties, details included in Schedule "1" may be amended from year to year. III The Association shall be responsible for providing adequate personnel assistance in vehicle parking, traffic and crowd control. In addition to providing adequate personnel for vehicle parking, traffic and crowd control the Association must provide for adequate contract police services. Police personnel are to be provided access to the venue at all time and will maintain authority over civilian crowd control personnel in the event that police intervention is necessary. Pasco Police Reserves may qualify as contract police services in lieu of regular police officers as determined by the Chief of Police. Page 75 of 81 IV A traffic and crowd control plan will be submitted to and shall have the written approval of the City of Pasco Police Department no later than ten (10) days before the day race time trials are to be held. The use of any barricade proposed for traffic control shall be included in the traffic and crowd control plan. The City of Pasco will provide barricades for traffic control on the residential streets which intersect with Sylvester Street on the south side. Barricades will be delivered to the street corners designated in the plan. The Association shall be responsible for setting up barricades; maintaining barricades following setup; and returning them to the drop-off corners for City pickup. The Association shall be responsible for any damage to barricades. The Association shall be responsible for furnishing and installing "No Parking" signs on the north -south roads from Road 36 inclusive to Road 56 inclusive between Sylvester and Court Street and along Sylvester Street from Road 36 to Road 56 the morning of the day of the time trials, and for removing said signs by noon the following Monday. The signs and method of installation shall be approved in writing by the City Engineer no later than three (3) days before the day the time trials are to be held. V No costs or liability will accrue to the City due to the races, traffic control, and parking activities. VI The Association will not preempt the public use of all the project recreation resources in the area. Chiawana Park will remain open to the public during the races. VII The Association is responsible for returning all keys issued, clean up and restoration of the area to pre -use condition to the satisfaction of the Administrative and Community Services Director and Facilities Manager within ten (10) days of the day of the race. At least seven (7) days before the day the time trials are to be held, the Association agrees to deposit a check in the amount of One Thousand Five Hundred Dollars ($1,500) with the Administrative and Community Services Director, payable to the City of Pasco, to cover potential damages and extraordinary cleanup, repair and maintenance costs. If none accrue, the check will be returned to the Association; otherwise, the check will be deposited to the account of the City of Pasco. Any excess amount will be refunded. The Association agrees to pay any additional clean-up and/or repair costs incurred by the City. If, prior to the race, the City of Pasco Fire Chief requires fire control site preparation of the river shore viewing area, the association will perform the necessary work, at its sole expense. Agreement for Operation of Water Follies Event page 2 Page 76 of 81 VIII The Association will be permitted to restrict public use of said lands during the period of the hydroplane races from 3:00 p.m. the Thursday before the race, to 9:00 p.m., Sunday, the day of the race. It will be necessary to close the Columbia River in the vicinity of Columbia Park to commercial and pleasure boats during the hydroplane races. The closure will be of an intermittent type, as needed, when hydroplanes are actually on the course. Provisions to allow emergency traffic and commercial traffic to pass through the closed area will be made by the Association. River closure authorization must be obtained by a separate permit from the U.S. Coast Guard setting forth the specific dates and time periods involved. IX The Association shall comply with all Federal, State and local laws and regulations. The Association will further comply with standards and recommendations of the State and local health departments in all matters concerning health and sanitation. The Association shall be responsible for providing the necessary chemical toilets as required by the local health department to serve the general public on Saturday and Sunday during the races. The Association may authorize concessions to be operated to accommodate the public. All concessions will be operated under the supervision of the Benton -Franklin Public Health Department and, if applicable, a City of Pasco business license. If alcohol is sold or served, all necessary alcohol permits must be obtained, and sales and consumption shall be in accordance with Washington State Liquor Control Board rules and regulations. Alcohol consumption shall be permitted only within the designated beer/alcoholic beverages gardens and special tent areas. In addition to any alcohol permits or approvals required by the State of Washington, an alcohol permit must also be obtained from City of Pasco Administrative and Community Services Department. In all cases, admission to the various areas will not be limited to membership in any organization, and there will be no discrimination made against any person or persons because of race, color, religion, age, sex, national origin or disability. XII The Association agrees to maintain and pay for general liability insurance coverage through American Boat Racing Association (ABRA) at all times hereof insuring the Association, Agreement for Operation of Water Follies Event page 3 Page 77 of 81 and the City, such insurance to afford protection of a limit of not less than $5,000,000.00. The City shall be named as a certificate holder on the general liability insurance. Certificates of coverage shall be provided to the City as described below. The Association agrees to require liquor liability insurance and general liability insurance for the company with which it contracts for the fenced area commonly known as "the beer garden" and for the company with which it contracts for the fenced area commonly known as "Margarita Village" (spirituous liquor service). Such insurance shall afford protection to a limit of not less than $1,000,000.00 per claim, and $2,000,000.00 aggregate. The Association and the City shall be named as additional insureds on the policies. The City shall be named as a certificate holder. Certificates of coverage shall be delivered to the City as provided below. The Association agrees to require general liability insurance from each company with which it contracts as a vendor, such insurance to afford protection to a limit of not less than $1,000,000.00 per claim, and $2,000,000.00 aggregate. The Association and the City shall be named as additional insureds on the policies. The City shall be named as a certificate holder. Certificates of coverage shall be delivered to the City as provided below. Copies of the certificates of coverage shall be delivered to the City by the Association at least fourteen (14) days before the day race time trials are to be held. XIII The City and the Corps of Engineers shall not be liable or responsible for damages to property or injuries to persons which may arise from or be incident to the Tri -City Water Follies Association's use and occupation of said premises, including the areas shown on Exhibit "A" and the City roads and rights-of-way south of Court Street and east of Road 60 inclusive to Road 34 inclusive, the person of the Association's officers, agents, servants, employees, or others, including spectators or participants who may be on said premises at their invitation or the invitation of any one of them. The Association shall hold the City harmless from any and all such claims which may arise from any damage or injury above-mentioned, and shall at its expense defend any and all actions which may be brought against the City upon such claims and shall pay any and all judgments that may be recovered against the City upon such actions. Venue shall be in Franklin County. General Provisions. For the purpose of this Agreement, time is of the essence. In the event of a dispute regarding the enforcement, breach, default or interpretation of this Agreement, the parties 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, and the Mandatory Arbitration Rules (MAR); venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply; and the prevailing party shall be entitled to its reasonable attorney fees and costs. The Association shall provide the Administrative and Community Services Director and the Facilities Manager, or such other persons as designated by the Administrative and Community Services Director, passes for the purpose of inspections for compliance with the agreement. Agreement for Operation of Water Follies Event page 4 Page 78 of 81 XIV The Association shall provide one (1) first aid station in the park to provide public assistance within the premises regarding first aid treatment and assuming the assistance for public safety. Such activity shall meet all conditions and requirements of Mid -Columbia EMS Council and Franklin County Emergency Management. The Association shall ensure communication availability to contact Franklin County 911 Dispatch Center. The Association also agrees to assist with cost of onsite EMT's, including an on-site Rescue Boat, at a cost of $1,500 per year made payable to the City of Pasco prior to the event. This section is subject to amendment each year, if necessary. XV This agreement is subject to the terms and conditions of the lease granted City of Pasco by the United States dated July 29"', 2009, W912EF-1-04-13, and modifications thereto or any subsequent agreements that the United States and the City may enter into with respect to the premises. A copy of this agreement shall be on file in the office of the Pasco City Clerk, Pasco, Washington. In the event said lease is relinquished by the City or terminated by the Government, this agreement will also be canceled on the effective date agreed to between the City and the Government. K41" This agreement may be amended by mutual agreement of the parties. XVII This agreement may be cancelled by any party upon thirty (30) days written notice to the other parties to the agreement. Dated this day of 92016. TRI -CITY WATER FOLLIES ASSOCIATION, INC. By: President CITY OF PASCO By: Rick Terway, Director, Admin & Comm Services APPROVED AS TO FORM: Leland B. Kerr, City Attorney Date: Date: Date: Agreement for Operation of Water Follies Event page 5 Page 79 of 81 Schedule 1 TRI -CITY WATER FOLLIES AGREEMENT SCHEDULE 1: 2016 RACE The Tri -City Water Follies Association may collect donation fees at admission gates between the hours of 5:00am and 6:00pm on Saturday, July 30, and Sunday, July 31, 2016 as specified below: Donation Fee Weekender Pass (Sat/Sun) $25 Saturday, July 28 $15 Sunday, July 29 $25 Children ages 6 — 12 $ 5/day Children under 6 Free The Tri -City Water Follies Association may assess parking fees up to $10 per vehicle TRI -CITY WATER FOLLIES AGREEMENT SCHEDULE 1: 2017 RACE The Tri -City Water Follies Association may collect donation fees at admission gates between the hours of 5:00am and 6:00pm on Saturday, July 29, and Sunday, July 30, 2017 as specified below: Donation Fee Weekender Pass (Sat/Sun) $25 with a maximum option increase to $30 Saturday, July 28 $15 with a maximum option increase to $20 Sunday, July 29 $25 with a maximum option increase to $30 Children ages 6 — 12 $ 5/day with a maximum option increase to $10 Children under 6 Free The Tri -City Water Follies Association may assess parking fees up to $10 per vehicle TRI -CITY WATER FOLLIES AGREEMENT SCHEDULE 1: 2018 RACE The Tri -City Water Follies Association may collect donation fees at admission gates between the hours of 5:00am and 6:00pm on Saturday, July 28, and Sunday, July 29, 2018 as specified below: Donation Fee Weekender Pass (Sat/Sun) $25 with a maximum option increase to $30 Saturday, July 28 $15 with a maximum option increase to $20 Sunday, July 29 $25 with a maximum option increase to $30 Children ages 6 — 12 $ 5/day with a maximum option increase to $10 Children under 6 Free The Tri -City Water Follies Association may assess parking fees up to $10 per vehicle Page 80 of 81 E Fruitland ro� ,,,,. l 81 HX3 Page 81 of 81 G3 -� 0 EXHI IT "A" N� M rt Rd. 54 1 1 1 r Rd. 52 �3 � r r 1 / 1 1 0 49 pY Lu r w r> -T cp 1 r Rd. 48 a y i 1 Rd. 47 1, 1 1 1 1 N f D 1 ;. Rd. 46 �. CD 02 As + r CD 3 b p r Rd. 44 fp� M m we o r / 1 co Rd. 40 © 7C 1 1 91. 0 1 Rd. 39 o '• / 1 i 4 ` • '' CD cn 'b CD 2N to b at y n 70 Pasco 0 7C e s 395 N idana mD 21.9e 0 mmZ~ CD C 0 .. Hartford r. E Fruitland ro� ,,,,. l 81 HX3 Page 81 of 81