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2016.03.21 Council Meeting Packet
Page Regular Meeting 1. CALL TO ORDER: 2. ROLL CALL: AGENDA PASCO CITY COUNCIL 7:00 p.m. (a) Pledge of Allegiance March 21, 2016 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Council members or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 6-10 (a) Approval of Minutes To approve the Minutes of the Pasco City Council Meeting dated March 7, 2016. 11 - 13 (b) Bills and Communications To approve claims in the total amount of $2,454,974.01 ($1,157,774.63 in Check Nos. 208750-208972; $686,434.44 in Electronic Transfer Nos. 809496-809500, 809503, 809617-809621; $29,190.15 in Check Nos. 49008- 49031; $572,621.40 in Electronic Transfer Nos. 30091933-30092400; $8,953.39 in Electronic Transfer Nos. 231-233). To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non- criminal, criminal, and parking) accounts receivable in the total amount of $294,064.18 and, of that amount, authorize $211,613.33 be turned over for collection. 14-17 (c) Fire and Ambulance Medical Services Program Master Plan To approve the contract with Emergency Services Consulting International for the Fire and Ambulance Medical Services Program Master Plan, and further, authorize the City Manager to execute the contract. 18-22 (d) Interlocal Agreement for Economic Development Services To approve the Interlocal Agreement with the Port of Pasco for Economic Page 1 of 106 Regular Meeting March 21, 2016 Development Services and, further, authorize the City Manager to execute the Agreement. 23-29 (e) Financial Support for Legal Work on Possible Turnback of USACE Lands to Cities To authorize $1,000 for Pasco's share of the cost of writing legislation requesting turn back of federal land to local governments. 30-34 (f) Tourism Promotion Area Reserve Fund Request To approve the Tourism Reserve Balance request for the Tourism Promotion Area in the amount of $283,000. 35-43 (g) Water Follies Agreement To approve the five-year agreement with Tri -City Water Follies Association for the annual Water Follies event. 44-51 (h) 1 Annexation: Mullen Annexation (MF# ANX 2016-003) To set 7:00 pm, April 4, 2016 as the time and date for a public meeting to consider the Mullen Notice of Intent to annex 162 acres located east of Broadmoor Boulevard and north of Power Line Road. 52-58 (i) 1 Street & Alley Vacation: Block 104 NP Plat (MF# VAC 2016-004) To approve Resolution No. 3697, a resolution setting 7:00 P.M., Monday, April 18, 2016, as the time and date to conduct a public hearing to consider vacating all alleys and portions of street in and around Block 104, NP Plat. 59-66 (j) 1 Street Vacation: A Portion of West Henry Street (MF# VAC 2016- 005) To approve Resolution No. 3698, a resolution setting 7:00 P.M., Monday, April 18, 2016, as the time and date to conduct a public hearing to consider vacating a portion of West Henry Street. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGEMENTS: 5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow citizens the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best Page 2 of 106 67 68-73 Regular Meeting March 21, 2016 directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) General Fund Operating Statement 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (a) QA Street Vacation: A Portion of S. Walnut Ave. (MF# VAC 2016-002) CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No. 4275, an ordinance vacating a portion of South Walnut Avenue, and further, authorize publication by summary only. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: 74-79 (a) City View Cemetery Regulations - Amend PMC 2.48 MOTION: I move to adopt Ordinance No. 4276, amending PMC Sections 2.48.075, 2.48.150, 2.48.160 and 2.48.170 regarding regulations governing City View Cemetery and, further, authorize publication by summary only. 80-84 (b) Reimbursement of Costs and Fee for Collection Administration for Developer Reimbursement (Latecomer) Agreements MOTION: I move to adopt Ordinance No. 4277, 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 and, further, authorize publication by summary only. (c) Renaming US Highway 395 to Thomas Steven Foley Memorial Highway MOTION: I move to approve Resolution No. 3699, requesting the Washington State Transportation Commission commence proceedings to name US Highway 395, from the Washington/Oregon border to the Washington/Canada border, as the Thomas Stephen "Tom" Foley Memorial Page 3 of 106 87-94 95- 106 Regular Meeting Highway. March 21, 2016 (d) Sole Source Purchase of Paco Pumps for the East Side Booster Station Upgrade (BS 2.1) MOTION: I move to approve Resolution No. 3700, waiving the competitive bidding requirement for the purchase of two (2) Paco LF Series End Suction Centrifugal Pumps from Pump Tech, Inc., and authorize the purchase. 9. UNFINISHED BUSINESS: 10. NEW BUSINESS: (a) I Purchase of Real Property MOTION: I move to approve the purchase and sale agreement for the property at 4803 West Octave Street, to authorize the City Manager to execute the document and, further, to take all other action necessary to complete the transaction. 11. MISCELLANEOUS DISCUSSION: 12. EXECUTIVE SESSION: 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed Q Quasi -Judicial Matter MF# "Master File #...." REMINDERS: 6:00 p.m., Monday, March 21, City Hall Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK) 7:30 a.m., Wednesday, March 23, 7130 W. Grandridge Blvd — Visit Tri -Cities Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.) 4:00 p.m., Thursday, March 24, 7130 W. Grandridge Blvd — TRIDEC Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.) Page 4 of 106 Regular Meeting March 21, 2016 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 5 of 106 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager FROM: Rick Terway, Director Administrative & Community Services SUBJECT: Approval of Minutes I. REFERENCE(S): Minutes 03.07.16 March 11, 2016 Regular Meeting: 3/21/16 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the Minutes of the Pasco City Council Meeting dated March 7, 2016. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 6 of 106 MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 7, 2016 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Mayor Pro -tem Francik. ROLL CALL: Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom Larsen, Saul Martinez and Al Yenney. Excused: Matt Watkins. Staff present: Stan Strebel, Deputy City Manager; Eric Ferguson, Acting City Attorney; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Bob Gear, Fire Chief and Ken Roske, Police Captain. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: Approval of Minutes To approve the Minutes of the Pasco City Council Meeting dated February 16, 2016. Bills and Communications To approve claims in the total amount of $9,039,482.83 ($1,908,671.39 in Check Nos. 208452-208749; $6,512,436.88 in Electronic Transfer Nos. 809011-809071, 809079-809154, 809157-809216, 809218-809419, 809495; $27,038.58 in Check Nos. 48981-49007; $584,353.98 in Electronic Transfer Nos. 30091456-30091932; $6,982.00 in Electronic Transfer Nos. 227-230. Golf Course Project Funding To approve the expenditure of $60,000 for the planting of additional trees and other minor improvements throughout the golf course and, further, authorize the City Manager to make the necessary budget adjustments. Rezone Appeal: Rezone from R-1 (Low Density ) to R-3 (Medium Density) (MF# Z 2015-006) To set 7:00 p.m., April 4, 2016 as the time and date for a closed record hearing to consider the appeal of the Planning Commission recommendation under Master File Number Z 2016-006. Franklin County Comprehensive Emergency Management Plan To approve Resolution No. 3693, accepting and adopting the 2015 Franklin County Comprehensive Emergency Management Plan. Street Vacation: A Portion of 24th Ave. (Pasco School District) (MF # VAC 2016-003) Page 1 of 4 Page 7 of 106 MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 7, 2016 To approve Resolution No. 3694, a resolution setting 7:00 P.M., Monday, April 4, 2016, as the time and date to conduct a public hearing to consider vacating a portion of 24th Avenue. MOTION: Mr. Martinez moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. VISITORS - OTHER THAN AGENDA ITEMS: Thomas Granbois, 202 N. 8th Ave., commented on possible solutions to neighborhood parking issues and the possibility of a private water park investor. Eric Harrod, on behalf of Marvin Harrod, 3110 Rd. 101, addressed Council concerning a building permit issue. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Hoffmann reported on the Franklin County Mosquito Control District Audit. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Formation of Local Improvement District 150 - Public Hearing Council and staff discussed the status of the project and the reason for cancelling the public hearing. MOTION: Mr. Martinez moved to cancel the public hearing set in accordance with Resolution No. 3690 establishing Local Improvement District No. 150. Mr. Yenney seconded. Motion carried unanimously. Street Vacation: Unnamed Street in Short Plat 2010-15 (MF# VAC 2015- 019) Mr. White explained the details of the proposed vacation. Mayor Pro -tem Francik declared the Public Hearing open to consider the proposed vacation. Steve Hanson, 2400 Rd. 80, commented on the reason for the vacation request. Following three calls for comments Mayor Pro -tem Francik declared the Public Hearing closed. MOTION: Mr. Martinez moved to adopt Ordinance No. 4271, an Ordinance vacating the unnamed street right-of-way along the southern boundary of Short Plat 2010-15, and further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. Street Vacation: A Portion of East Clark St. and North Main Ave. (MF# VAC 2015-020) Page 2 of 4 Page 8 of 106 MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 7, 2016 Council and staff discussed the details of the proposed ordinance. Mayor Pro -tem Francik declared the Public Hearing open to consider the proposed vacation. Following three calls for comments, and there being none, Mayor Pro -tem Francik declared the Public Hearing closed. MOTION: Mr. Martinez moved to adopt Ordinance No. 4272, an ordinance vacating a portion of East Clark Street and a portion of North Main Avenue, and further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: PMC Amendments for Intentional Acts Mr. Strebel explained the details of the proposed ordinance. MOTION: Mr. Martinez moved to adopt Ordinance No. 4273, amending Pasco Municipal Code Chapter 9.44 "Street or Sidewalk Interference" to add the additional component of Intentional Action, and further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. Rezone: R-4 (High Density) to C-1 (Retail Business) (MF# Z 2015-008) Council and staff discussed the details of the proposed ordinance. MOTION: Mr. Martinez moved to adopt Ordinance No. 4274, an ordinance of the City of Pasco, Washington, rezoning a portion of Lots 5 and 6, Short Plat 2003-021 from R-4 (High- Density Residential) to C-1 (Retail Business) as conditioned with a concomitant agreement limiting driveway locations, and further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. Preliminary Plat: Columbia Villas, Phase 3 (MF# PP 2015-006) Council and staff discussed the details of the proposed resolution. MOTION: Mr. Martinez moved to approve Resolution No. 3695, a resolution approving a Preliminary Plat for Columbia Villas, Phase 3. Mr. Yenney seconded. Motion carried unanimously. Special Permit: Location of a Modular Building for Senior Services in an I- 1 Zone (MF# SP 2016-004) Council and staff discussed the details of the proposed resolution. MOTION: Mr. Martinez moved to approve Resolution No. 3696, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for the location of a modular building for senior services at 505 North First Avenue. Mr. Yenney seconded. Motion carried unanimously. NEW BUSINESS: Rezone: GESA, C-1 (Retail Business to C-3 (General Business) (MF# Z 2015-007) Page 3 of 4 Page 9 of 106 MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 7, 2016 Council and staff discussed the details of the rezone request. Mr. Yenney disclosed he has had communication with the property owner, but has no financial interest in the property. There were no objections to his participation. MOTION: Mr. Yenney moved to set a closed record hearing. Mr. Larsen seconded. Motion carried 4-2. No - Garrison, Francik. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:11 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra Clark, City Clerk PASSED and APPROVED this 21 st day of March, 2016 Page 4 of 4 Page 10 of 106 AGENDA REPORT FOR: City Council March 16, 2016 TO: Dave Zabell, City Manager Regular Meeting: 3/21/16 FROM: Ron Musson, Interim Finance Manager Administrative & Community Services SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 03.21.16 Bad Debt Write-off/Collection 02.29.16 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $2,454,974.01 ($1,157,774.63 in Check Nos. 208750-208972; $686,434.44 in Electronic Transfer Nos. 809496-809500, 809503, 809617-809621; $29,190.15 in Check Nos. 49008-49031; $572,621.40 in Electronic Transfer Nos. 30091933-30092400; $8,953.39 in Electronic Transfer Nos. 231-233). To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non -criminal, criminal, and parking) accounts receivable in the total amount of $294,064.18 and, of that amount, authorize $211,613.33 be turned over for collection. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 11 of 106 CITY OF PASCO Council Meeting of: March 21, 2016 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. Dave Zabell, City Manager Rick Terway, A&CS Director We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 21 day of March, 2016 that the merchandise or services hereinafter specified have been received and are approved for payment: Claims Bank Payroll Bank Check Numbers 208750-208972 49008-49031 Total Check Amount $1,157,774.63 $29,190.15 Electronic Transfer Numbers 809496-809500 30091933-30092400 809503 809617-809621 Total EFT Amount $686,434.44 $572,621.40 Councilmember Gen'I Bank Electronic Bank 231-233 $8,953.39 $0.00 SUMMARY OF CLAIMS BY FUND: GENERALFUND STREET ARTERIAL STREET STREET OVERLAY C.D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI -MODAL FACILITY SCHOOL IMPACT FEES RIVERSHORE TRAIL & MARINA MAIN SPECIAL ASSESSMENT LODGING LITTER ABATEMENT REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING PARKS ECONOMIC DEVELOPMENT STADIUM/CONVENTION CENTER LID GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE FLEX PAYROLL CLEARING GRAND TOTAL ALL FUNDS: Combined Total Checks $ 1,186,964.78 Total EFTs $ 1,268,009.23 Grand Total $ 2,454,974.01 Councilmember 212,426.36 33,974.02 0.00 0.00 16.37 0.00 0.00 1,909.01 14,377.20 77.04 4,688.00 55,931.19 2,986.12 617.19 194,790.00 0.00 0.00 1,213.14 1,714.16 0.00 0.00 162.90 0.00 0.00 395,044.15 238,130.77 17,992.29 7,736.50 5,134.69 0.00 140,081.72 17,250.22 1,108,720.97 $ 2,454,974.01 Page 12 of 106 BAD DEBT WRITE-OFF/COLLECTION February 1-29, 2016 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are under $10 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for collection exceed $10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write off including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non -criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT — LIENS - These are Code Enforcement violation penalties which are either un -collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Page 13 of 106 Direct Referred to Total Write-off Collection Write-off Utility Billing $ 0.00 85.96 85.96 Ambulance $ 82,386.85 10,525.17 92,912.02 Court A/R $ .00 188,435.00 188,435.00 Code Enforcement $ 64.00 12,446.00 12,510.00 Cemetery $ .00 0.00 .00 General $ .00 121.20 121.20 Miscellaneous $ .00 .00 .00 TOTAL: $ 82,450.85 211,613.33 294,064.18 Page 13 of 106 AGENDA REPORT FOR: City Council March 15, 2016 TO: Dave Zabell, City Manager Regular Meeting: 3/21/16 FROM: Bob Gear, Fire Chief Fire Department SUBJECT: Fire and Ambulance Medical Services Program Master Plan I. REFERENCE(S): Professional Services Agreement Summary -Fire and Emergency Medical Program Master Plan. IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the contract with Emergency Services Consulting International for the Fire and Ambulance Medical Services Program Master Plan, and further, authorize the City Manager to execute the contract. III. 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 14 of 106 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 15 of 106 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 16 of 106 Professional Services Agreement (Summary Sheet) Project: Fire and Emergency Medical Program Master Plan Consultant: Emergency Services Consulting International Address: 25030 SW Parkway Avenue Suite 330 Wilsonville, Oregon 97070 Scope of Services: Develop a Fire and Medical Services Master Plan that includes: Evaluation of current conditions, future system demand projections, future delivery ystem models and developments, review and delivery of report. Term: Four months Completion Date: July 31, 2016 Payments to Consultant: ❑ Hourly Rate: $ ® Fixed Sum of. $ 49,706 ❑ Other: Insurance to be Provided: 1. Commercial General Liability: ® $1,000,000 each occurrence; ❑ $2,000,000 general aggregate; or ❑ $ each occurrence; and $ general aggregate 2. Professional Liability: ® $1,000,000 per claim; ❑ $1,000,000 policy aggregate limit; or ❑ $ per claim; and $ per policy aggregate limit Other Information: Signature by: ❑ Mayor ® City Manager Page 17 of 106 AGENDA REPORT FOR: City Council March 15, 2016 TO: Dave Zabell, City Manager Regular Meeting: 3/21/16 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: MOTION: I move to approve the Interlocal Agreement with the Port of Pasco for Economic Development Services and further, authorize the City Manager to execute the Agreement. 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. Page 18 of 106 V. DISCUSSION: 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). City Council considered the proposed Interlocal Agreement at the Workshop Meeting of March 14, 2016. Page 19 of 106 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 the Port with the following economic development tasks on an "as needed" basis, the Port will confirm and notify the City of the Ports ability to provide such assistance: Page 20 of 106 Business Retention & Expansion, including but not limited to: • 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. Page 21 of 106 8. 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 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: APPROVED AS TO FORM: Leland Kerr, City Attorney Page 22 of 106 AGENDA REPORT FOR: City Council March 15, 2016 TO: Dave Zabell, City Manager Regular Meeting: 3/21/16 FROM: Stan Strebel, Deputy City Manager SUBJECT: Financial Support for Legal Work on Possible Tumback 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: MOTION: I move to authorize $1,000 for Pasco's share of the cost of writing legislation requesting turn back of federal land to local governments. 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 23 of 106 V. DISCUSSION: This item was discussed at the March 14 Workshop meeting. Staff recommends Council approval of the motion. Page 24 of 106 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 25 of 106 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 26 of 106 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 27 of 106 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 28 of 106 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 29 of 106 AGENDA REPORT FOR: City Council March 15, 2016 TO: Dave Zabell, City Manager Regular Meeting: 3/21/16 FROM: Stan Strebel, Deputy City Manager SUBJECT: 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: MOTION: I move to approve the Tourism Reserve Balance request for the Tourism Promotion Area in the amount of $283,000. 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 30 of 106 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. This item was presented to Council at the March 14 Workshop meeting. Page 31 of 106 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 32 of 106 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 33 of 106 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 34 of 106 AGENDA REPORT FOR: City Council March 15, 2016 TO: Dave Zabell, City Manager Regular Meeting: 3/21/16 FROM: Rick Terway, Director Administrative & Community Services SUBJECT: Water Follies Agreement I. REFERENCE(S): Proposed Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the five-year agreement with Tri -City Water Follies Association for the annual Water Follies event. 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 35 of 106 This item was discussed at the March 14th workshop meeting. Staff recommends approval of the proposed agreement. Page 36 of 106 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 37 of 106 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 38 of 106 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 39 of 106 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 40 of 106 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 41 of 106 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 42 of 106 E Fruitland ro� ,,,,. l 81 HX3 Page 43 of 106 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 43 of 106 AGENDA REPORT FOR: City Council March 14, 2016 TO: Dave Zabell, City Manager Regular Meeting: 3/21/16 Rick White, Director Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Annexation: Mullen Annexation (MF# ANX 2016-003) I. REFERENCE(S): Overview Map Vicinity Map Notice of Intent to Commence Annexation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to set 7:00 pm, April 4, 2016 as the time and date for a public meeting to consider the Mullen Notice of Intent to annex 162 acres located east of Broadmoor Boulevard and north of Power Line Road. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The owners of property located east of Broadmoor Boulevard and north of Power Line Road have submitted a Notice of Intent to Commence Annexation. The Notice of Intent has been reviewed by staff, and has been determined to contain sufficient signatures to initiate the annexation process. Notices of Intent are required to contain the signatures of property owners representing at least 10 percent of the assessed value of an area proposed for annexation. In this case, the Notice of Intent contains the signatures of owners representing approximately 75 percent of the assessed value within the proposed annexation area. V. DISCUSSION: Page 44 of 106 The petition method of annexation requires the Council to set a date for a public meeting within sixty days of receipt of a notice of intent to begin annexation proceedings. The first available date for a public meeting with the petitioners would be April 4, 2016. Page 45 of 106 Vicinity Item: Mullen Annexation Map Applicant: Randy Mullen N File ANX 2016-003 0 0 < 0 CITY LIMITS` Urban Growth Boundary t14 L,.L a\\\\\\\\\\\\\\INN No s xkxxxxxxxs SITE 11 dIN E ,D 0, M CHESHIESC; UO M z :Z=17r, lop 11 W Is 4 Iowa ------ HOME 0. WHOWWWWO no I - ENRON MW11WHINNOW 11MINSHOR: NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEDURES TO: The City Council of the City of Pasco 525 North Third Avenue Pasco, Washington 99301 Council Members: The undersigned, who are the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is sought, hereby advise the City Council of the City of Pasco that it is the desire of the undersigned owners of the following area to commence annexation proceedings. The property herein referred to is described on Exhibit " 1" attached hereto and is depicted on Exhibit "2" further attached hereto. It is requested that the City Council of the City of Pasco set a date not later than sixty days after the filing of this request for a meeting with the undersigned to determine: (1) Whether the City Council will accept the proposed annexation; and, (2) Whether the City Council will require the assumption of existing City indebtedness by the area to be annexed; and, (3) Whether the City Council will require simultaneous zoning. This page is one of a group of pages containing identical text material and is intended by the signers of this Notice of Intention to be presented and considered as one Notice of Intention and may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. Page 48 of 106 1e pleoe prima yuuz mume nen aiddiftiun to sinn& NAME. ADDRESS DATE E /)6 Page 49 of 106 EXHIBIT "1" Annexation Legal Beginning at a point on the north line of the south half of the southwest quarter of Section 5, Township 9 North, Range 29 East W.M. said point being the northeast corner of the southwest quarter of the southwest quarter of said Section 5; Thence easterly along the north line of the south half of the southwest quarter of said Section 5, and continuing easterly along the north line of the south half of the southeast quarter of said Section 5 to the intersection with the east line of said Section 5; Thence southerly along the east line of said Section 5 to the intersection with the south line of said Section 5; Thence westerly along the south line of said Section 5 to the intersection with the east right-of-way line of Broadmoor Boulevard; Thence westerly along the westerly projection of said south line to the intersection with the west right- of-way line of Broadmoor Boulevard; Thence northerly along the northerly projection of the west right-of-way line of Broadmoor Boulevard to the intersection with the north right-of-way line of Burns Road; Thence northerly along the west right-of-way line of Broadmoor Boulevard to the intersection with the north line of the southeast quarter of the southeast quarter of Section 6, Township 9 North, Range 29 East W.M.; Thence easterly along the easterly projection of said north line to the intersection with the east right-of-way line of Broadmoor Boulevard; Thence easterly along the north line of the south half of the southwest quarter of said Section 5, Township 9 North, Range 29 East W.M. to the point of beginning. Page 50 of 106 EXHIBIT # 2 Mullen Annexation CITY MIT "Anne xation J /Area H U N K DR AI IE m Mo MIA V{NCCkiO ➢R P EA HE P SANDIFUR PARKWAY i I � Page 51 of 106 AGENDA REPORT FOR: City Council March 15, 2016 TO: Dave Zabell, City Manager Regular Meeting: 3/21/16 Rick White, Director Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Street & Alley Vacation: Block 104 NP Plat (MF# VAC 2016-004) I. REFERENCE(S): Overview Map Vicinity Map Proposed Resolution Vacation Petition II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. , a resolution setting 7:00 P.M., Monday, April 18, 2016, as the time and date to conduct a public hearing to consider vacating all alleys and portions of street in and around Block 104, NP Plat. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: Rosa Cantu, of Cantu Trucking, has petitioned for the vacation of all the alleys in Block 104, NP Plat and the 10 feet of the excess right-of-way of North Main and East Clark and East Bonneville adjoining said Block. Block 104, NP Plat was included in the Oregon Avenue Circulation Plan adopted by Ordinance # 3255. The streets and alleys around Block 104 have been identified as right-of-way that can be vacated with the exception of Bonneville Street. Bonneville Street is identified as a "keeper street", however, the width of "keeper streets" can be reduced from 80 feet to 60 feet. The petitioner is only seeking a reduction in the width of Bonneville Street. The north 10 feet of East Clark street was vacated in 2012 and does not need to be included with this vacation request. Page 52 of 106 The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular Council meeting for a public hearing, which provides the statutory 20 -day hearing notice, is April 18, 2016. V. DISCUSSION: Page 53 of 106 Overview Item: Street & Alleys - Blk 104 NP Add'n Ap Map plicant: Rosa Cantu N File #. VAC 2016-004 T - , �' ®♦ ry . - ADELIA ST'= EQ } - lop -�;" � �♦ � ' �! ��" E ADELIA CT . _ F 9 ,,„� ♦ ♦p� E GEOORG�E CTGE:�_R�GE-ST ♦ ♦ r Pr- , n SITE, Vin. ' ♦ ♦�� ♦ " E� 2 , J ' �, ! p m,�. i r ♦ e �. , � � vM8 a eE � 1 ♦ ; ��i; , GSL , 1 � t Vicinity Item: Street & Alleys - Blk 104 NP Add'n� Map Applicant: Rosa Cantu -(N�- File #: VAC 2016-004 i SITE o� 2 RESOLUTION NO. A RESOLUTION SETTING 7:00 PM, MONDAY, APRIL 18, 2016 AS THE TIME AND DATE TO CONDUCT A PUBLIC HEARING TO CONSIDER VACATING IN AND ADJACENT OT BLOCK 104 NP PLAT. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate easements; and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating the east/west alley and the north/south alley in Block 104, NP Plat together with west 10 feet of North Main Avenue and the south 10 feet of East Bonneville Street adjacent to Block 104 NP Plat, will be held before the City Council of the City of Pasco in the Council Chambers at 525 N. Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on April 18, 2016. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. Passed by the City Council of the City of Pasco this 21 st day of March, 2016. Matt Watkins Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney Page 56 of 106 Exhibit #1 Item: Street & Alleys - Applicant: Rosa Cantu File #: VAC 2016-004 v�v,E s ,aoo SITE:--� Blk 104 NP Add'n� CITY OF PASCO STREEWALLEY VACATION PETITION MASTER FILE # DATE SUBMITTED: FEE $200 I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: I / At - t v, z a,/ K d:06 V 1 d y k l?► ,nom- si �'� c W.S. S U_.A r_ )e Print Name: P� yo s� A-bMk6r—i .S.io tpy OWNED (,egai Description) Print Name: Sign Name: Date Print Name: Sign Name: Print Name: Sign Name: Date Date i 1 -0,©-2 �5p4- D Page 58 of 106 AGENDA REPORT FOR: City Council March 15, 2016 TO: Dave Zabell, City Manager Regular Meeting: 3/21/16 Rick White, Director, Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Street Vacation: A Portion of West Henry Street (MF# VAC 2016-005) I. REFERENCE(S): Overview Map Vicinity Map Proposed Resolution Vacation Petition II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. , a resolution setting 7:00 P.M., Monday, April 18, 2016, as the time and date to conduct a public hearing to consider vacating a portion of West Henry Street. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: Russ Dean (Russ Dean RV), and William Dolsen, (Coke Pasco) have submitted a petition to vacate the remaining portion of West Henry Street between Road 34 and Highway 395. The Coke distribution facility, owned by Mr. Dolsen, at the corner of Road 34 and Henry Street is again receiving pressure from the Coca-Cola Company to expand in the Tri -Cities. To facilitate that expansion and remain in Pasco Mr. Dolsen is proposing to vacate West Henry Street east of Road 34 to enable the combination of the Coke property with the Russ Dean RV storage lot to the south to create a parcel large enough to facilitate the required expansion. Portions of West Henry Street east of Road 34 have been vacated in the past to accommodate activities at the Ford Dealership and all of the streets in the Riviera Page 59 of 106 Trailer Park connecting with West Henry Street have been vacated. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular Council meeting for a public hearing, which provides the statutory 20 -day hearing notice, is April 18, 2016. V. DISCUSSION: Page 60 of 106 Overview Item: Portion of West Henry Street A inFpMap Dean File VAC 2016-005 t� ANEMONE." '404f. Mn I IWO- ism X k law Mir— INIR =ail) �� • •� \ _- • x INS zi �.�.. 1 g � NEE • Item: Portion of West Henry Street Vicinity • MapApplicant: Russ Dean N File #. VAC 2016-005 Aft - 1,259.4' 664' ti ' 595' 8' 40' - - 77 co o bL SITEIT, r . i 1 RESOLUTION NO. A RESOLUTION SETTING 7:00 PM, MONDAY, APRIL 18, 2016 AS THE TIME AND DATE TO CONDUCT A PUBLIC HEARING TO CONSIDER VACATING A PORTION OF WEST HENRY STREET. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate easements; and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating all of West Henry Street between the east right-of-way line of Road 34 and the west right-of-way line of Highway 395, will be held before the City Council of the City of Pasco in the Council Chambers at 525 N. Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on April 18, 2016. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. Passed by the City Council of the City of Pasco this 21St day of March, 2016. Matt Watkins Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney Page 63 of 106 Exhibit Item: Portion of West Applicant: Russ Dean #1 File #: VAC 2016-005 - 40' M r) Q O ry MARGARET ST C*M OCTAVE ST 1,259.4' Henry Street SITE X LU J r O H Q 595' -300 CITY OF PASCO STREEW ALLEY VACATION PETITION FEE $200 MASTER FILE # y'AP.Z12/6 — 005 -DAVE SUBMITTED: a OJ I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: West Henrn_ Street EAST of Road 34 to Highway 395 Running adjacent to Parcel Numbers_ 119391185, 119370155, 119402012 Print Name: Ku r 1 >Jea , rr sent Sign Name: Address: 700 Road 32, Pa co, WA 99301 Phone # (5091 521-4414 Date . Russ Dean, Inc. Print Name: Russell 1. Dean, President 32 est Octave, Pasco, WA Sign Name: Date 2126116 Russ Dean, Inc. Punt Name: _j31igsell I Deam President 102 Road 34, Pasco, WA99301 Sign Name: Date -2/26/16 Print Name: Sign Name: Date Print Name: Sign Name: Date PROPERTY OWNED (Legal Description) Tarcel #119402012 & Parcel #700008384 Parcel #119370155 Parcel #119391185 Page 65 of 106 2I FN XTY tjijjcASCf1f��������l�lll���I�i��f CITY OF PASCO STREET/ALLEY VACATZON PETITION MASTER FILE # -z 00'f DATE SUBMITTEDA411 Q- A - FEE $200 I, we the undersigned, owners of two elY - property hereby petition the City Council of th,e Ci, of Pasco abutting following described street/alley rights_of-way co to vacate the West Hen r Str. Fast of Road 34. Adjacent to Parcel # 119370164 APPLICANT: Print Name- f�.W i a m en Sign Nam Address: 1225 Road 34 Pasco WA Phone # _509_248_2831 Date ' Print Name: Sign Name: Date Print Name: Sign Name: Date Print Name: Sign Name: Date Print Name: Sign Name: Date PROPERTY' OWNEDC.OkA Pa (Legal I3escripdonj Tractl0, Auto Park A zti` n Page 66 of 106 GENERAL FUND OPERATING STATEMENT THROUGH FEBRUARY 2016 UNRESTRICTED CASH AND INVESTMENTS: 5,395,052 EXPECTED PERCENTAGE OF REVENUES AND EXPENDITURE, FOR 2 MONTHS: These statements are intended for Management use only. 5,176,646 16.6% Page 67 of 106 ADOPTED YTD % OF ADOPTED YTD % OF 2015 2015 TOTAL 2016 2016 ANNUAL BUDGET ACTUAL ACTUAL BUDGET ACTUAL BUDGET REVENUE SOURCES: TAXES: PROPERTY 7,159,507 0 0.0% 7,655,000 79,271 1.0% SALES 9,090,765 1,804,426 19.8% 11,780,000 1,858,711 15.8% PUBLIC SAFETY 1,300,000 210,934 16.2% 1,365,000 219,554 16.1% UTILITY 8,349,000 1,429,422 17.1% 8,595,000 1,549,290 18.0% OTHER 1,046,000 274,015 26.2% 1,138,000 295,102 25.9% LICENSES & PERMITS 1,304,500 534,957 41.0% 1,738,400 592,293 34.1% INTERGOV'T REVENUE 1,566,170 81,453 5.2% 2,122,148 84,329 4.0% CHARGES FOR SERVICES 6,224,521 947,012 15.2% 6,455,114 984,196 15.2% FINES & FORFEITS 806,650 122,468 15.2% 876,600 103,086 11.8% MISC. REVENUE 437,465 63,800 14.6% 454,840 87,626 19.3% DEBT AND TRANSFERS IN 8,471,423 23,000 0.3% 1,153,000 23,834 2.1% TOTAL REVENUES 45,756,001 5,491,487 12.0% 43,333,102 5,877,292 13.6% BEGINNING FUND BALANCE 6,501,765 9,383,161 10,566,361 15,984,332 TOTAL SOURCES 52,257,766 14,874,648 28.5% 53,899,463 21,861,624 40.6% EXPENDITURES: CITY COUNCIL 113,543 16,702 14.7% 114,323 17,377 15.2% MUNICIPAL COURT 1,564,015 239,503 15.3% 1,607,000 211,259 13.1% CITY MANAGER 1,291,940 183,162 14.2% 1,447,608 249,197 17.2% POLICE 14,271,196 1,889,405 13.2% 14,054,117 1,826,553 13.0% FIRE 6,379,042 950,299 14.9% 5,602,747 860,243 15.4% ADMIN & COMMUNITY SVCS 8,047,581 1,029,673 12.8% 8,411,191 1,339,752 15.9% COMMUNITY DEVELOPMENT 1,518,261 218,932 14.4% 1,507,525 224,659 14.9% ENGINEERING 1,839,064 237,082 12.9% 1,765,221 247,250 14.0% LIBRARY 1,261,686 200,335 15.9% 1,305,200 207,032 15.9% NON -DEPARTMENTAL 1,408,466 405,432 28.8% 2,648,832 570,682 21.5% DEBT AND TRANSFERS OUT 10,430,777 247,076 2.4% 7,752,675 130,521 1.7% TOTAL EXPENDITURES 48,125,571 5,617;601 11.7%a 46,216,439 5,884,525 12.7% ENDING FUND BALANCE 4,132,195 9,257,047 7,683,024 15,977,099 TOTAL EXPEND & END FUND BAL 52,257,766 14,874,648 53,899,463 21,861,624 UNRESTRICTED CASH AND INVESTMENTS: 5,395,052 EXPECTED PERCENTAGE OF REVENUES AND EXPENDITURE, FOR 2 MONTHS: These statements are intended for Management use only. 5,176,646 16.6% Page 67 of 106 AGENDA REPORT FOR: City Council March 14, 2016 TO: Dave Zabell, City Manager Regular Meeting: 3/21/16 Rick White, Director Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Street Vacation: A Portion of S. Walnut Ave. (MF# VAC 2016-002) I. REFERENCE(S): Overview Map Vicinity Map Proposed Ordinance IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No. , an ordinance vacating a portion of South Walnut Avenue, and further, authorize publication by summary only. III. FISCAL IMPACT: Will facilitate construction of a new industrial building. IV. HISTORY AND FACTS BRIEF: The owner of the Verdesian Life Sciences property, formally Northwest Ag -Services, has filed a petition requesting the vacation of the east 10 feet of South Walnut avenue between East "B" Street and East "A" Street. As previously recommended, the City Council set March 21, 2016 as the date to consider the proposed vacation. V. DISCUSSION: Verdesian Life Sciences is in the process of expanding their facilities on East "B" Page 68 of 106 Street. The company needs to construct a new 42,000 square foot building at the northeast corner of East "B" Street and South Walnut Avenue. To facilitate the new building Verdesian Life Sciences has petitioned to vacation a portion of South Walnut Avenue. Without the vacation the building will not fit on the property. South Walnut Avenue is an old 80 -foot right-of-way that terminates into railroad property one block south of "B" Street. Verdesian is requesting the east 10 feet of Walnut Avenue adjacent to their building site be vacated. South Walnut is a local access street that only needs to be 60 feet wide. The proposed vacation will reduce the right-of-way to 70 feet until property owners on the west side of the street redevelop and request a further reduction to the 60 standard. Verdesian now operates out of nine buildings in the neighborhood most of which required street and alley vacations before they could be built. There are no utility lines within the proposed vacation area therefore no easements are needed. Page 69 of 106 • Item: Street Vacation - Ptn. of Walnut Av Overview • Applicant: Verdesian Life Sciences N Map2016-002File #. VAC 1V ~ _ ,� `'' ✓ to �� 1 � ;� ,n �«d�?'"" SITE ; w- Ilk LIU 6 O2, WK ' � e `r �1 •'04 v JIM y r =a MMAAr rrN i R _ Vicinity Item: Street Vacation - Ptn. of Walnut Av Applicant: Verdesian Life Sciences N Map File #: VAC 2016-002 10' 1 "A" ST i 64 ffln WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3' Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF SOUTH WALNUT AVENUE. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the east 10 feet of South Walnut Avenue between East "A" Street and East `B" except that a 25 foot radius shall be retained at the intersection of South Walnut Avenue and East "B" Street and the intersection of East "A" Street and South Walnut Avenue, as depicted in Exhibit "1" be and the same is hereby vacated. Section 2. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 3. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 21 st day of March 2016. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney 1 Page 72 of 106 Exhibit Item' Street Vacation - Ptn. of Walnut Av Applicant: Verdesian Life Sciences x � File #: VAC 2016-002 I w Q w J ry 10 ' W Q� z J Q E "A" ST 11114� SITE f "B" ST z 14w AGENDA REPORT FOR: City Council March 15, 2016 TO: Dave Zabell, City Manager Regular Meeting: 3/21/16 Rick Terway, Director, Admin & Comm Services FROM: Dan Dotta, Facilities Division Manager Administrative & Community Services 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: MOTION: I move to adopt Ordinance No. , amending PMC Sections 2.48.075, 2.48.150, 2.48.160 and 2.48.170 regarding regulations governing City View Cemetery and, further, authorize publication by summary only. 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: Page 74 of 106 Staff proposes amending PMC 2.48.075 requiring customers to purchase gravestones and monuments only from an approved list of providers provided through City View Cemetery. These vendors offer products that have been proven over 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. This item was discussed at the March 14th workshop meeting. Staff recommends adoption of the ordinance. Page 75 of 106 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 purchased from a list of approved providers supplied by City View Cemetery. All grave stones and monument bases shall be of solid 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 Hearing Examiner. 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 76 of 106 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 77 of 106 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 78 of 106 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 79 of 106 AGENDA REPORT FOR: City Council March 15, 2016 TO: Dave Zabell, City Manager Regular Meeting: 3/21/16 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: MOTION: I move to adopt Ordinance No. , 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 and, further, authorize publication by summary only. 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. Page 80 of 106 Other minor changes to Chapter 3.07 and 14.12 are proposed to provide clarity. V. DISCUSSION: This item was discussed at the March 14 Workshop meeting. Staff recommends Council adopt the ordinance. Page 81 of 106 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 Reference 14.12.120 B) Developer Reimbursement Agreements $30.00 14.12.090 Segregation C) Cost Recovery of Engineering Staff Engineering services Time Review Legal and Recording Minimum Fee: Costs for Developers Reimbursement $90.00 for first hour; Agreements thereafter, $60/hr. Actual costs for legal recording and other incurred costs. Page 1 14.12.120 Page 82 of 106 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^' en -i i - 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 83 of 106 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 84 of 106 AGENDA REPORT FOR: City Council March 15, 2016 TO: Dave Zabell, City Manager Regular Meeting: 3/21/16 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: MOTION: I move to approve Resolution No. , requesting the Washington State Transportation Commission commence proceedings to name US Highway 395, from the Washington/Oregon border to the Washington/Canada border, as the Thomas Stephen "Tom" Foley Memorial Highway. 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. This item was discussed at the March 14 Workshop meeting. Page 85 of 106 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 86 of 106 AGENDA REPORT FOR: City Council March 11, 2016 TO: Dave Zabell, City Manager Regular Meeting: 3/21/16 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 Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. waiving the competitive bidding requirement for the purchase of two (2) Paco LF Series End Suction Centrifugal Pumps from Pump Tech, Inc., and authorize the purchase. 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. Page 87 of 106 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: 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. This item was discussed at the March 14, 2016 Council Workshop. Page 88 of 106 T.9N. R30E. W.M. NTS Page 89 of 106 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 90 of 106 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 91 of 106 /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 92 of 106 /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 93 of 106 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 94 of 106 AGENDA REPORT FOR: City Council March 3, 2016 TO: Dave Zabell, City Manager Regular Meeting: 3/21/16 FROM: Stan Strebel, Deputy City Manager SUBJECT: Purchase of Real Property I. REFERENCE(S): Purchase and Sale Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the purchase and sale agreement for the property at 4803 West Octave Street, to authorize the City Manager to execute the document and, further, to take all other action necessary to complete the transaction. III. FISCAL IMPACT: Sale price $198,000, per appraisal Source of funds: Fund Balance IV. HISTORY AND FACTS BRIEF: At the meeting of February 22, staff presented various options for utilization of the newly acquired Fire Station property located at the NW corner of Road 48 and Octave Street. It was demonstrated that the City has little flexibility for use of the property as an operating fire station, and higher overall costs for the development of the minimal - sized facility, unless the adjacent property to the west is acquired. The property owner of the subject parcel has approached the City with the offer to sell. Staff and the owner have tentatively agreed on the purchase price, which matches the value of the property determined by the City's appraiser. Acquiring the property at this time provides the City with the most flexibility in considering possible configurations for the Road 48 Fire Station. The City will consider a number of options for the existing structure including possible removal to another City -owned property for ultimate sale, sale of the structure only, or the possible Page 95 of 106 use of the structure for Fire Department or other City purposes. When final plans on the ultimate City use of its Road 48 property are completed, in the event the parcel to the west is not needed, it can always be surplussed and sold. V. DISCUSSION: Staff recommends approval of the purchase and sale agreement. Page 96 of 106 PURCHASE AND SALE AGREEMENT (4803 West Octave Street) THIS PURCHASE AND SALE AGREEMENT (hereinafter "Agreement') is entered into on this _ day of March, 2016, by and between the City of Pasco, a Washington Municipal Corporation (hereinafter "City") and Janey Diane Gutierrez, a single woman, (hereinafter "Seller") for establishing the terms and conditions for the sale of real property and improvements thereon (hereinafter "Property") and legally described as follows: The North half of the Southeast quarter of the Northwest quarter of the Northwest quarter of Section 26, Township 09 North, Range 29 East, Willamette Meridian, Franklin County, Washington. EXCEPT the North 166 feet thereof and Except the West 421.94 feet thereof and Except the South 30 feet thereof and Except the East 135 feet thereof, records of Franklin County Washington Tax Parcel No. 119-541-069 WHEREAS, Seller it is the owner of the above-described real property and improvements thereon, commonly known as "4803 West Octave Street" located in Franklin County, Washington, which it is willing to sale; and WHEREAS, the City desires to purchase such real property and the improvements thereon under those certain terms and conditions as set forth below; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: 1. Purchase and Sale. Seller agrees to sell, and City agrees to purchase: (a) That certain parcel of real property described above; (b) All development rights relating to the real property; (i) all rights to obtain utility service in connection with the real property; (ii) assignable licenses and other governmental permits and permissions relating to the real property and the operation thereof (c) The land, improvements, and appurtenances which constitute real property are hereafter collectively defined as the "Real Property." All of the Property included by reference within the foregoing paragraphs 1(a) through 1(c), both real and personal, is hereinafter collectively referred to as the "Property." Purchase and Sale Agreement, City of Pasco & Janey Gutierrez - Page l Page 97 of 106 2. Purchase Price/Financing. The purchase price for the Property and improvements thereon is One Hundred Ninety -Eight Thousand Dollars ($198,000,00), including the Option Payment in the sum of Two Thousand Dollars ($2,000.00) which amount also constitutes the earnest money deposit in consideration for this Agreement. The total unpaid principal balance shall be paid in cash at closing. 3. Method of PayMent. Within thirty (30) business days following the last party's execution of this Agreement and delivery of a fully executed original thereof to the other party, City will deposit with an escrow agent (Chicago Title), the balance of the purchase price for closing as provided. 4. Inspection and Feasibility Period. (a) City shall have 15 days from the date of the last party's execution of this Agreement within which to conduct an inspection of the Property to determine within its sole discretion the suitability of the Property for its intended purpose. The City, and their authorized agents, contractors, and consultants, shall have the right to go upon the Property at reasonable tunes for the purpose of inspecting each and every part thereof to determine its present condition and, at City's sole cost and expense, to prepare such reports, tests, and studies as City deems appropriate, including but not limited to surveys, soil tests, engineering studies and environmental tests. Before conducting any invasive or intrusive testing such as borings or test holes, City shall give Seller at least forty-eight (48) hours prior written notice, and shall coordinate the date and time of such testing to enable Seller's representatives and/or consultants to be present to take duplicate samples and record the methods used by the City's consultants. (b) As -is. Except for those representations and warranties specifically included in this Agreement: (i) Seller makes no representations or warranties regarding the Property; (ii) Seller hereby disclaims, and City hereby waives, any and all representations or warranties of any kind, express or implied, concerning the Property or any portion thereof, as to its condition, value, compliance with laws, status of permits or approvals, existence or absence of hazardous material on site, occupancy rate or any other matter of similar or dissimilar nature relating in any way to the Property, including the warranties of fitness for a particular purpose, tenantability, habitablity and use, (iii) City otherwise takes the Property "AS IS;" and (iv) City represents and warrants to Seller that the City has sufficient experience and expertise such that it is reasonable for City to rely on its own pre- closing inspections and investigations. The City waives the right to receive a Seller's Disclosure Statement as required by RCW 64.06 relying on its own inspection of the Property. Initials: City Date Selle Date (c) Feasibility Contingency. The City's obligation under this Agreement are conditioned upon the City's satisfaction in the City's sole discretion concerning all aspects of the Property, including its physical condition; the presence of or Purchase and Sale Agreement, City of Pasco & Janey Gutierrez - Page 2 Page 98 of 106 absence of any hazardous substances; the availability of government permits and approvals; and the feasibility of the Property for the City's intended purpose. Upon written notice prior to the expiration of the Feasibility Period, the City may terminate this Agreement. 5. Title. Title to the Property is to be so insurable at closing under terms of the title policy required to be delivered by Seller under terms of paragraph 6 hereof. All title insurance charges for the policy referenced in paragraph 6 below in the amount of the purchase price shall be equally divided between the parties, except for the cost of any special endorsements requested by City and cancellation fees shall be paid by City. 6. Preliminary Commitment. Within fifteen (15) days from the last party's execution of this agreement, Seller shall furnish City with a preliminary report/commitment from Chicago Title for an ALTA owner's policy of title insurance with respect to the Real Property, together with a copy of each document forming the basis for each exception referenced therein. City shall advise Seller of any title objections within five (5) days of its receipt of the report/commitment to remove all exceptions or conditions in the title commitment. If within ten (10) days after its notice to Seller, City have not received evidence satisfactory to it that such unsatisfactory items can and will be removed at or prior to closing at Seller's sole cost and expense, then City may elect to (a) terminate this Agreement and receive a full refund of the deposit, (b) waive such defects, or (c) continue this Agreement in effect pending their removal. Removal of unsatisfactory items or their waiver shall be a condition of closing. If City does not make an election within thirty (30) days of its execution of this Agreement, City shall be deemed to have waived the defects. 7. Title Inspection Period. Within fifteen (15) days following the last party's execution of this Agreement, Seller shall provide City with the title commitment described in paragraph 6 above, together with all relevant documents relating to the Property, including but not limited to copies of all casement, lot segregation and all other covenants and restrictions with respect to all or portions of the Property; and all existing surveys and other reports and studies relating to the Property or its use or development in the possession of Seller. 8. Pro -rations. Real Property taxes, assessments, water and other utilities, and all other expenses for the month of closing, shall be prorated as of closing. All expenses, fees and sums owing or incurred for the Property for periods prior to closing shall be paid by Seller, when and as due. 9. Closing. Closing shall be on or before April 25, 2016, by Chicago Title Company. By 12:00 p.m. on the closing date: (a) The Seller will deposit in escrow a duly executed statutory warranty deed covering the Property; a FIRPTA affidavit; and all other documents and monies required of it to close this transaction in accordance with the terms hereof. All such documents shall be in form satisfactory to City's counsel. Purchase and Sale Agreement, City of Pasco & Janey Gutierrez - Page 3 Page 99 of 106 (b) City will deposit in escrow the monies required of it to close the transaction in accordance with the terms hereof. Time is of the essence in the performance of this Agreement. 10. Closing Costs. All excise, transfer, sales and other taxes, if any, incurred in connection with the sale, the title insurance premium, recording fees on the deed and the escrow fee shall be equally divided between the parties. Each party shall bear its own attorneys' fees, except as otherwise expressly provided herein. 11. _Counterparts. This Agreement may be signed in counterparts which, taken together, shall constitute the complete Agreement. 12. Actions During Tezxn. During the term hereof, Seller shall not enter into any lease or other agreement affecting the Property or its operation, or modify, extend or otherwise change any interest in the Property subject to this Agreement, nor encumber, pledge, or permit any lien, judgment, or adverse interest to occur, or any other action or agreement affecting the Property or its operation or otherwise permit any change in the status of title to the Property without City's prior written consent. 13. Assia ment. City may not assign City's interest in this Agreement to any other party or entity without the prior written consent of the Seller. 14. Seller's 'Warranties; Indemnity. Seller makes the following representations and warranties, which shall be deemed remade as of the closing date: (a) The Property and improvements are not in violation of any applicable covenant, condition or restriction or any applicable statute, ordinance, regulation, order, permit, rule or law, including, without limitation, any building, private restriction, zoning or environmental restriction. (b) Other than the obligations of record, there are no obligations in connection with the Property, which will be binding upon City after closing other than liability for the payment of real estate taxes and utility charges. (c) There are no claims, actions, suits or governmental investigations or proceedings existing or, to the best of Seller's knowledge, threatened against or involving Seller or the Property (including, without limitation, any condemnation or eminent domain proceeding or matter related to the formation of or assessment by a local improvement district) and Seller has received no written notice thereof. (d) All insurance policies now maintained on the Property will be kept in effect, up to and including the closing. Seller has received no notice from any insurance company or rating organization of any defects in the condition of the Property or of the existence of conditions which would prevent the continuation of existing coverage or would increase the present rate of premium. Purchase and Sale Agreement, City of Pasco & Janey Gutierrez - Page 4 Page 100 of 106 (e) There are no leases affecting the Property. (f) There are no commissions due to any real estate broker or agent that arise from this Agreement. (g) All such representations and warranties shall be reaffirmed by Seller as true and correct as of the Closing Date and shall survive the Closing for a period of two (2) years. If, prior to closing, Seller becomes aware of any fact or circumstance which would change a representation or warranty, then Seller will immediately give notice of such changed fact or circumstance to City, but such notice shall not relieve the Seller of its obligations hereunder. 15. Environmental Indemnification. (a) Seller will defend, indemnify, and hold Seller and his partners, agents and employees and assignee (collectively, the "Indemnified Parties") harmless from and against any and all claims, obligations, damages, causes of action, costs and expenses, losses, fines, penalties, and liabilities, including, without limitation, attorneys' fees and costs, imposed upon or incurred by or asserted against an Indemnified Party arising out of or in connection with the occurrence of any of the following: (i) prior to closing: (A) any Environmental Matter affecting or relating to the Property arising out of Seller's use and ownership of the Property; or (E) any violation of any Environmental Law by Seller with respect to the Property; and (ii) subsequent to closing: (C) the manufacture, storage, sale, use, disposal, release, or discharge of Hazardous Substance in, on or under the Property by Seller; or (D) any violation of any Environmental Law by Seller with respect to the Property. Seller shall also be responsible for all costs, expenses, fines, and penalties arising out of or in connection with the investigation, removal, remediation, clean-up, and restoration work resulting from the matters described in the preceding sentence. Seller represents that to the best of its knowledge, after reasonable inquiry, it is not aware of any violation of any Environmental Laws relating to the Property, any Hazardous Materials located on the Property or any Environmental Matter relating to the Property. Seller's obligations and representations under this Section 20 shall survive closing. (b) "Environmental Laws" shall mean any federal, state or local laws, ordinance, permits or regulations, or any common law, regarding health, safety, radioactive materials or the environment, including but not limited to, the following federal statutes: Clean Air Act (42 U.S. C. §§ 7401 et sea.) ("CAA"), Clean Water Act (33 U.S.C. §§ 1251 et sea.) ("CWA"), resource Conservation and Recovery Act (42 U.S.C. §§ 6091 et sea.) ("RCRA"), Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. §§ 9601 et sea.) ("CERCLA"), Emergency Planning and Community Right -To -Know Act (41 U.S.C. §§ 11001 et seg.) ("EPCRA"), Safe Drinking Water Act (42 U.S.C, §§ 300f et seg.) ("SDWA"), Hazardous Material Transportation Act of 1975 (49 U.S.C. §§ 1801 Purchase and Sale Agreement, City of Pasco & Janey Gutierrez - Page 5 Page 101 of 106 et sea.) ("HMTA"), Toxic Substances Control Act (15 U.S.C. §§ 2601 et sea.) ("TSCA"), Endangered Species Act of 1973 (16 U.S.C. §§ 1531 et seq.) ("ESA"), Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. §§ 136 et seq.) ("FIFRA"), the Occupational Safety and Health Act (29 U.S.C. §§ 651 et seg.) ("OSHA"), the Washington Model Toxics Control Act (RCW Chapter 70.150D) ("MTCA"), or the Hazardous Waste Management Act (RCW Chapter 70.105) ("HWMA"), each as amended, and any regulations promulgated thereunder, guidance and directives issued with respect thereto, or policies adopted by the applicable authorities thereunder. (c) "Hazardous Substances" shall mean: (i) any radioactive materials; (ii) any substance or material the transportation, storage, treatment, handling, use, removal or release of which is subject to any Environmental Law; or (iii) any substance or material for which standards of conduct are imposed under any Environmental Law. Without limiting the generality of the foregoing, "Hazardous Substances" shall include: asbestos and asbestos -containing materials (whether or not friable); urea -formaldehyde in any of its farms; polychlorinated biphenyls; oil, used oil; petroleum products and their by-products; lead-based paint; radon; and any substances defined as "hazardous waste ," ... hazardous substances," "pollutants or contaminants," "toxic substances," "hazardous chemicals," "hazardous pollutants," or "toxic chemicals "under the CAA, CWA, RCR.A, CERCLA, EPCRA, SDWA, HMTA, TSCA, OSHA, MTCA or HWMA. (d) "Environmental Matter" shall mean any of the following: (i) the release of any Hazardous Substance on or at the Property or any other property; (ii) the migration of any Hazardous Substance onto or from the Property; (iii) the environmental, health or safety aspects of transportation, storage, treatment, handling, use or release, whether any of the foregoing occurs on or off the Property, of Hazardous Substances in connection with the operations or past operations of the Property; (iv) the violation, or alleged violation with respect to the Property, of any Environmental Law, order, permit or license of or from any governmental authority, agency or court relating to environmental, health or safety matters; (v) the presence of any underground storage tanks within the confines of the Property; (vi) the presence of wetlands within the confines of the Property; (vii) the presence of any endangered species on, in or around the Property; or (viii) soil, groundwater and surface conditions on, in or around the Property which may have an adverse affect upon the use or value of the Property. 16. Costs and Expenses. Except as otherwise expressly provided herein, each party hereto will bear its own costs and expenses in connection with the negotiation, preparation and execution of this Agreement, and other documentation related hereto, and in the performance of its duties hereunder. 17. Notices. All notices provided for herein may be delivered in person, sent by commercial overnight courier, telecopied or mailed by U.S. registered or certified mail, return receipt requested, and, if mailed, shall be considered delivered three (3) business days after deposit in such mail. The addresses to be used in connection with such correspondence Purchase and Sale Agreement, City of Pasco & Janey Gutierrez - Page 6 Page 102 of 106 and notices are the following, or such other address as a party shall from time -to -time direct: City:. City of Pasco 525 North 3rd Pasco, WA 99301 Attn: Dave Zabel], City Manager (509) 545-3404 Seller: Ms. Janey Gutierrez 4803 West Octave Street Pasco, WA 99301 18. Miscellaneous. (a) Further Documentation. Each of the parties agrees to execute, acknowledge, and deliver upon request by the other party any document which the requesting party reasonably deems necessary or desirable to evidence or effectuate the rights herein conferred or to implement or consummate the purposes and intents hereof, so long as such imposes no different or greater burden upon such party than is otherwise imposed hereunder. (b) Headings. The headings in this Agreement are for convenience only and do not in any way limit or affect the terms and provisions hereof (c) Calculation of Time Periods. Unless otherwise specified, in computing any period of time described in this Agreement, the day of the act or event after which the designated period of time begins to run is not to be included and the last day of the period so computed is to be included, unless such last day is a Saturday, Sunday or legal holiday. The final day of any such period shall be deemed to end at 5 p.m., Pacific Time. (d) Time of Essence. Time is of the essence of this Agreement. (e) Gender. Wherever appropriate in this Agreement, the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of certain genders shall be deemed to include either or both of the other genders. (f) Exhibits. The Exhibits referred to herein and attached to this Agreement are incorporated herein as if set forth in full. (g) Unenforceability. If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the remainder of such provision or any other provisions hereof. Purchase and Sale Agreement, City of Pasco & Janey Gutierrez - Page 7 Page 103 of 106 (h) Amendment, Modifications. This Agreement may not be altered, amended, changed, waived, terminated or modified in any respect or particular unless the same shall be in writing and signed by or on behalf of the party to be charged therewith. 19. Attorneys' Fees. If any lawsuit or arbitration arises in connection with this Agreement, the substantially prevailing party therein shall be entitled to receive from the losing party, the substantially prevailing party's costs and expenses, including reasonable attorneys' fees incurred in connection therewith, in preparation therefore and on appeal therefrom, which amounts shall be included in any judgment entered therein. 20. Waiver. A party may, at any time or times, at its election, waive any of the conditions to its obligations hereunder, but any such waiver shall be effective only if contained in writing signed by such party. No waiver shall reduce the rights and remedies of such party by reason of any breach of any other party. No waiver by any party of any breach hereunder shall be deemed a waiver of any other or subsequent breach. 21. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. 22. Facsimile Signatures. Each party (a) has agreed to permit the use, from time -to -time and where appropriate, of telecopied signatures in order to expedite the transaction contemplated by this Agreement, (b) intends to be bound by its respective telecopied signature, (c) is aware that the other will rely on the telecopied signature, and (d) acknowledges such reliance and waives any defenses to the enforcement of the documents effecting the transaction contemplated by this Agreement based on the fact that a signature was sent by telecopy. 23. REMEDIES. IF CITY FAILS, AFTER THE REMOVAL OF ITS CONTINGENCIES, AND WITHOUT LEGAL EXCUSE, TO COMPLETE THE PURCHASE OF THE PROPERTY, THE DEPOSIT SHALL BE FORFEITED TO SELLER AS LIQUIDATED DAMAGES AND THE SOLE AND EXCLUSIVE REMEDY TO SELLER FOR SUCH FAILURE. IN THE EVENT OF SELLER'S DEFAULT, CITY MAY PURSUE ANY REMEDY AVAILABLE AT LAW OR IN EQUITY, INCLUDING SPECIFIC PERFORMANCE. City's Initials Seller's Initials 24. Entire Agreement. This Agreement and the exhibits hereto constitute the entire agreement among the parties with respect to the subject matter hereof and supersede all prior agreements, oral or written, express or implied, and all negotiations or discussions of the parties, whether oral or written, and there are no warranties, representations or agreements among the parties in connection with the subject matter hereof except as set forth herein. Purchase and Sale Agreement, City of Pasco & .Taney Gutierrez - Page 8 Page 104 of 106 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates noted below. SELLER Janey Dian ierrez CITY Dave Zabell, City Manager Attest: Debbie, City Clerk Date JJ Date Approved as to form: Leland Kerr, City Attorney Purchase and Sale Agreement, City of Pasco & Janey Gutierrez - Page 9 Page 105 of 106 STATE OF WASHINGTON) ) ss. County of Franklin ) On this day personally appeared before me Dave Zabell, City Manager of the City of Pasco, Washington, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes therein mentioned. SUBSCRIBED and sworn to before me this day of , 2016. Notary Public in and for the State of Washington, Residing at My Commission Expires: STATE OF WASHINGTON ) ss. County of�jt�� On this day personally appeared before me Janey Diane Gutierrez, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary deed for the uses and purposes therein mentioned. SUBSCRIBED and sworn to before me this day of %)ifj1�` , 2016. ptANq ��� Notary Public_ in and fo� the State of Washington, �`� U•''issr' ••'y ��� Residing at Q �•`j °� �� % My Commission Expires: TIN• =7 AUL /C •' �� 14 AeSoA,1 Purchase and Sale Agreement, City of Pasco & Janey Gutierrez - Page 10 Page 106 of 106