HomeMy WebLinkAbout2017.05.15 Council Meeting PacketRegular Meeting
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
May 15, 2017
Page
1. CALL TO ORDER:
2. ROLL CALL:
(a) Pledge of Allegiance
3. CONSENT AGENDA: All items listed under the Consent Agenda are considered
to be routine by the City Council and will be enacted by roll call vote as one motion
(in the form listed below). There will be no separate discussion of these items. If
further discussion is desired by Council members or the public, the item may be
removed from the Consent Agenda to the Regular Agenda and considered
separately.
5 - 10 (a) Approval of Minutes
To approve the Minutes of the Pasco City Council Meeting dated May 1,
2017 and the Special Meeting dated May 8, 2017
11 - 13 (b) Bills and Communications
To approve claims in the total amount of $2,629,856.96 ($1,551,646.53 in
Check Nos. 215858-216098; $1,078,210.43 in Electronic Transfer Nos.
815384, 815385-815387, 815389-815394, 815568-815569); $46,520.57 in
Check Nos. 50373-50418; $662,284.28 in Electronic Transfer Nos.
30106771-30107278; $891.58 in Electronic Transfer No. 359-361.
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
$170,662.03 and, of that amount, authorize $108,623.26 be turned over for
collection.
14 - 27 (c) Interagency Agreement for Fire Suppression
To approve the Interagency Agreement No. IAA 93-095394 with
Washington Department of Natural Resources and, further, authorize the
City Manager to execute the Agreement.
28 - 36 (d) Physio Control LifePak Defibrillators
To approve Resolution No. 3770, waiving the competitive bidding
Page 1 of 55
Regular Meeting May 15, 2017
requirements and approving the purchase of defibrillators from Physio
Control.
(RC) MOTION: I move to approve the Consent Agreement as read.
4. PROCLAMATIONS AND ACKNOWLEDGEMENTS:
37 (a) Presentation of Proclamation for "Older Americans Month"
Council to present Proclamation to Frances Beltran, SE Washington Aging
and Long Term Care Advisory Council Member
38 (b) Presentation of Proclamation for "Public Works Week"
Council to present Proclamation to Curt Shaw, Public Works Division
Manager and Troy Phillips, Senior Program Manager
39 (c) Presentation of Proclamation for "National Police Week" and "Peace
Officer's Memorial Day"
Council to present Proclamation to Bob Metzger, Chief of Police, Pasco
Police Department
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
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
40 (b) General Fund Operating Statement
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
41 - 46 (a) Trespassing on Public Property
Page 2 of 55
Regular Meeting May 15, 2017
MOTION: I move to adopt Ordinance No. 4349, creating PMC Chapter
9.50 "Notice of Trespass for Public Property" and, further, authorize
publication by summary only.
47 - 52 (b) 911 Misuse Ordinance
MOTION: I move to adopt Ordinance No. 4350, amending Section
9.06.100 “Failure to Supervise a Child”; Repealing Section 9.64.080
“Wrongful Use of Telephone”; Repealing Section 9.64.090 “Refusal to
Yield Party Line”; Repealing Section 9.64.100 “Request for Party Line on
Pretext of Emergency; and Creating Chapter 9.65 “Misuse of 911
Emergency Call System” and, further, authorize publication by summary
only.
9. UNFINISHED BUSINESS:
10. NEW BUSINESS:
53 - 55 (a) * Bid Award - Chemically Enhanced Primary Treatment Containment
Pad Project
(RC) MOTION: I move to award the Chemically Enhanced Primary
Treatment Containment Pad project to Industrial Constructors, Inc., in the
amount of $66,897.60 and further, authorize the City Manager to execute the
contract documents.
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:
1. 6:00 p.m., Monday, May 15, City Hall Conference Room #1 – LEOFF Disability
Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER REBECCA
FRANCIK)
2. 9:00 a.m., Tuesday, May 16 – BNSF Re-Spray Facility Tour. (COUNCILMEMBER
Page 3 of 55
Regular Meeting May 15, 2017
CHI FLORES)
3. 9:00 a.m., Friday, May 19, Pasco Red Lion – Washington State Association of Letter
Carriers Convention, Welcome Address. (MAYOR MATT WATKINS)
4. 11:30 a.m., Friday, May 19, 107 E. Columbia Drive, Kennewick – Benton-Franklin
Council of Governments Board Meeting. (MAYOR MATT WATKINS, Rep.;
COUNCILMEMBER REBECCA FRANCIK, Alt.)
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 4 of 55
AGENDA REPORT
FOR: City Council May 9, 2017
TO: Dave Zabell, City Manager Regular Meeting: 5/15/17
FROM: Sandy Kenworthy, Administrative Assistant II
Administrative & Community Services
SUBJECT: Approval of Minutes
I. REFERENCE(S):
Minutes 05.01.17 and 05.08.17
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the Minutes of the Pasco City Council Meeting dated May 1, 2017 and the
Special Meeting dated May 8, 2017
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 5 of 55
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL MAY 1, 2017
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Chi Flores, Rebecca Francik, Robert Hoffmann, Tom
Larsen, Saul Martinez, Matt Watkins and Al Yenney.
Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager;
Leland Kerr, City Attorney; Richard Terway, Interim Public Works Director;
Rick White, Community & Economic Development Director; Richa Sigdel,
Finance Director; Bob Metzger, Police Chief; Dave Hare, Assistant Fire Chief;
Dan Dotta, Acting Administrative & Community Services Director and
Michael Morales, Economic Development Program Manager.
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 April 17,
2017.
Bills and Communications
To approve claims in the total amount of $2,624,085.47 ($1,050,104.94 in
Check Nos. 215604-215857; $813,994.28 in Electronic Transfer Nos. 814940-
815117, 815120-815156, 815158-815383; $41,512.84 in Check Nos. 50331-
50372; $716,473.41 in Electronic Transfer Nos. 30106275-30106770;
$2,000.00 in Electronic Transfer No. 358).
Planning Commission Appointments
To appoint Joe Campos to Position No. 2 (term expiration date 2/2/22), and
Ruben Alvarado to fill Position No. 6 (term expiration date 2/2/19) to the
Planning Commission.
City and Port Interlocal Agreement
To approve the Interlocal Agreement with the Port of Pasco for economic
development services, and further, authorize the City Manager to execute the
Agreement.
HOME Consortium Agreement Amendment 2 (MF# AGRMT2017-008)
To approve Amendment 2 to the Tri-Cities HOME Consortium Cooperative
Agreement and further authorize the City Manager to execute the revised
agreement.
Interlocal Procurement Agreement
To approve Resolution No. 3766, approving the Interlocal Agreement with the
City of Tacoma, and further, authorize the City Manager to execute the
Agreement.
Page 1 of 4 Page 6 of 55
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL MAY 1, 2017
MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr.
Yenney seconded. Motion carried by unanimous Roll Call vote.
PROCLAMATIONS AND ACKNOWLEDGEMENTS:
Presentation of Proclamation for "Cinco de Mayo ~ Latino Cultural
Awareness Week"
Mayor Watkins presented a Proclamation to Luke Hallowell, DPDA Executive
Director and Gabriel Portugal, DPDA Cinco de Mayo Committee Chair
proclaiming May 1-6, 2017 Cinco de Mayo ~ Latino Cultural Awareness Week.
Gabriel Portugal, Luke Hallowell and the Committee Members commented on
Cinco de Mayo events.
Presentation of Proclamation for "Public Service Recognition Week"
Mayor Watkins presented a Proclamation to Matt McGetrick, Tri-City Public
Service Recognition Week Planning Committee Chair, proclaiming May 7 -13,
2017 "Public Service Recognition Week."
Matt McGetrick commented on the Public Servant Event at Southridge Sports
Complex.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Mr. Yenney reported on the Hanford Area Economic Investment Fund
Committee meeting and the City of Pasco Volunteer Reception.
Ms. Francik reported on the Volunteer Reception, the Taco Crawl, the Latino
Coalition Rally, and the Pasco Public Facilities District Board meeting.
Mr. Flores reported on the Visit Tri-Cities Board meeting, the Pasco Public
Facilities District Board meeting and the Cinco de Mayo Pageant.
Mr. Hoffmann reported on the Volunteer Reception and attended the
groundbreaking for the new Union Gospel Mission.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
Street Vacation: A Portion of Commercial Ave. (MF# VAC 2017-002)
Mr. White explained the details of the proposed vacation.
Mayor Watkins continued the Public Hearing to consider the proposed
vacation.
Following three calls for comments, and there being none, Mayor Watkins
declared the Public Hearing closed.
MOTION: Ms. Francik moved to accept the deed from TSK LLC for the PK
Highway lift station property. Mr. Yenney seconded. Motion carried
unanimously.
MOTION: Ms. Francik moved to adopt Ordinance No. 4345, vacating a
portion of Commercial Avenue, and further, authorize publication by summary
only. Mr. Yenney seconded. Motion carried unanimously.
Page 2 of 4 Page 7 of 55
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL MAY 1, 2017
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Council Voting Districts
Mayor Watkins noted this item will be moved to a Special Meeting scheduled
on May 8.
PMC Amendment Regarding Revocation of Business License
Council and staff discussed the details of the proposed ordinance.
MOTION: Ms. Francik moved to adopt Ordinance No. 4347, amending PMC
2.19.080 "Powers" of the Hearing Examiner; amending PMC 5.04.110
"Revocation of License" providing for an appeal hearing before the Hearing
Examiner; amending PMC 5.04.115 "Reinstatement Procedures and Standards
for Reviewing an Application for Reinstatement" (and Business License); and
amending PMC 11.02.010 "Applicability of Chapter" and, further, authorize
publication by summary only. Mr. Yenney seconded. Motion carried
unanimously.
Rezone: Loyalty Inn, C-1 (Retail Business) to C-3 (General Business) (MF#
Z 2016-005)
Council and staff discussed the details of the proposed ordinance.
MOTION: Ms. Yenney moved to adopt Ordinance No. 4348, rezoning Lots 2
and 3 Short Plat 2010-08 from C-1 (Retail Business) to C-3 (Retail Business),
and further, authorize publication by summary only. Mr. Martinez seconded.
Motion carried by the following 5-2 Roll Call vote: Yes - Yenney, Flores,
Hoffmann, Larsen, Martinez. No - Francik, Watkins.
Special Permit: Shop Height Variance (MF# SP 2017-005)
Mr. White explained the details of the proposed resolution.
MOTION: Ms. Francik moved to approve Resolution No. 3767, accepting the
Planning Commission's recommendation and granting a special permit for an
increase in shop height at 1125 Road 44. Mr. Martinez seconded. Motion
carried unanimously.
Special Permit: Maria Segura Beauty School (MF# SP 2017-004)
Mr. White explained the details of the proposed resolution.
MOTION: Ms. Francik moved to approve Resolution No. 3768, approving a
special permit for the location of a beauty school in a C-3 Zoning district at
2508 W Sylvester Street, Suite E, as recommended by the Planning
Commission. Mr. Martinez seconded. Motion carried unanimously.
Preliminary Plat: Chiawana Heights (MF# PP 2017-002)
Council and staff discussed the details of the proposed resolution.
MOTION: Ms. Francik moved to approve Resolution No. 3769, approving the
Preliminary Plat for Chiawana Heights. Mr. Yenney seconded. Motion carried
unanimously.
Page 3 of 4 Page 8 of 55
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL MAY 1, 2017
NEW BUSINESS:
Bid Award: Traffic Signal Improvements - City Wide Phase 1
MOTION: Ms. Francik moved to award the Traffic Signal Improvements -
City Wide Phase 1 project to Sierra Electric, Inc. in the amount of
$1,399,982.00 and, further, authorize the City Manager to execute the contract
documents. Mr. Martinez seconded. Motion carried by unanimous Roll Call
vote.
MISCELLANEOUS DISCUSSION:
Mr. Flores reported the local Boys and Girls Club is a recipient of $50,000 from
Lowe's Renovation Across the Nation Grant.
Mr. Zabel noted the following items:
• There is an increase in demand for preschool recreational programs.
• The Broadmoor Area Master Plan Open House is Tuesday, May 9th,
from 4-8 p.m. in the Council Chambers.
• The Traveling Vietnam Memorial Wall event will be held May 24-30 at
City View Cemetery.
• The City and the Port of Pasco will be sharing an information booth at
the Cinco de Mayo event.
• Recognized the Public Works and Parks Deptartment on the cleanup
and upgrades in the Downtown area.
Mr. Hoffmann thanked staff for the City employee medical/dental program cost
comparison report.
EXECUTIVE SESSION:
Council adjourned to Executive Session at 7:57 p.m. for approximately 10
minutes to establish sales price or lease amount of real estate with the City
Manager, Deputy City Manager and the City Attorney.
Mayor Watkins called the meeting back to order at 8:06 p.m.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:06 p.m.
APPROVED: ATTEST:
Matt Watkins, Mayor Sandy Kenworthy, Interim City Clerk
PASSED and APPROVED this 15th day of May, 2017
Page 4 of 4 Page 9 of 55
SPECIAL MEETING
MINUTES
PASCO CITY COUNCIL MAY 8, 2017
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Chi Flores, Rebecca Francik, Robert Hoffmann, Tom
Larsen, Saul Martinez, Matt Watkins and Al Yenney.
Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager;
Eric Ferguson, Acting City Attorney; Richard Terway, Interim Public Works
Director; Rick White, Community & Economic Development Director; Dan
Dotta, Acting Administrative & Community Services Director; Bob Metzger,
Police Chief; Bob Gear, Fire Chief and Michael Morales, Economic
Development Program Manager.
The meeting was opened with the Pledge of Allegiance.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Council Voting Districts
Council and staff discussed the details of the proposed ordinance.
MOTION: Ms. Francik moved to adopt Ordinance No. 4346, amending
Chapter 1.10 of the Pasco Municipal Code regarding Voting Districts and,
further, authorize publication by summary only. Mr. Yenney seconded. Motion
carried unanimously.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 7:05.
APPROVED: ATTEST:
Matt Watkins, Mayor Sandy Kenworthy, Interim City Clerk
PASSED and APPROVED this 15th day of May, 2017
Page 1 of 1 Page 10 of 55
AGENDA REPORT
FOR: City Council May 10, 2017
TO: Dave Zabell, City Manager Regular Meeting: 5/15/17
FROM: Richa Sigdel, Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
2017 Accounts Payable 05.15.17
Bad Debt Write-off/Collection 04.30.17
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $2,629,856.96 ($1,551,646.53 in Check Nos.
215858-216098; $1,078,210.43 in Electronic Transfer Nos. 815384, 815385-815387,
815389-815394, 815568-815569); $46,520.57 in Check Nos. 50373-50418;
$662,284.28 in Electronic Transfer Nos. 30106771-30107278; $891.58 in Electronic
Transfer No. 359-361.
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 $170,662.03 and, of that amount,
authorize $108,623.26 be turned over for collection.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 11 of 55
May 15, 2017
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 215858-216098 50373-50418
Total Check Amount $1,551,646.53 $46,520.57 Total Checks 1,598,167.10$
Electronic Transfer Numbers 815384 30106771-30107278 359-361 N/A
815385-815387
815389-815394
815568-815569
Total EFT Amount $1,078,210.43 $662,284.28 $891.58 $0.00 Total EFTs 1,741,386.29$
Grand Total 3,339,553.39$
Councilmember
624,139.86
30,019.74
0.00
0.00
15.19
20,000.00
0.00
1,890.07
47,981.50
3,083.20
1,140.34
21,301.96
558.82
1,072.79
159,222.00
177.03
22,146.87
0.00
336.00
18,045.00
0.00
41,763.72
10,732.80
0.00
203,046.54
238,419.53
44,862.65
16,596.57
0.00
0.00
223,674.19
0.00
3,085.69
1,606,241.33
GRAND TOTAL ALL FUNDS:3,339,553.39$
The City Council
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
STREET OVERLAY
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 Richa Sigdel, Finance Director
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
15th day of May, 2017 that the merchandise or services hereinafter specified have been received and are approved for payment:
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
ARTERIAL STREET
RIVERSHORE TRAIL & MARINA MAIN
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
EQUIPMENT RENTAL - OPERATING BUSINESS
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 - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICAL/DENTAL INSURANCE
OLD FIRE OPEB
FLEX
PAYROLL CLEARING
Page 12 of 55
BAD DEBT WRITE-OFF/COLLECTION
April 1-April 30, 2017
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.
Direct
Write-off
Referred to
Collection
Total
Write-off
Utility Billing $ 70.73 141.41 212.14
Ambulance $ 61,968.04 16,780.85 78,748.89
Court A/R $ .00 86,827.00 86,827.00
Code Enforcement $ .00 4,874.00 4,874.00
Cemetery $ .00 .00 .00
General $ .00 .00 .00
Miscellaneous $ .00 .00 .00
TOTAL: $ 62,038.77 108,623.26 170,662.03
Page 13 of 55
AGENDA REPORT
FOR: City Council May 10, 2017
TO: Dave Zabell, City Manager Regular Meeting: 5/15/17
FROM: Bob Gear, Fire Chief
Fire Department
SUBJECT: Interagency Agreement for Fire Suppression
I. REFERENCE(S):
Interagency Agreement No. IAA 93-095394
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the Interagency Agreement No. IAA 93-095394 with
Washington Department of Natural Resources, and further Authorize the City Manager
to execute the Agreement.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
After the 2015 fire season the Washington Department of Natural Resources was
criticized for its lack of ability to mobilize sufficient numbers of local government
resources and reliance on other states and foreign countries to aid in fire suppression.
V. DISCUSSION:
In past years the Pasco Fire Department has not been a very active participant in large
wildfire responses within Washington State. During the last 2-3 years members have
become sufficiently trained to provide large incident management staffing. These
qualifications are important to the City since they can be applied locally in the event of
a major incident, such as a large hazardous materials incident. However, the
opportunities to practice these skills during a major incident within the City are rare
and it is necessary for our staff to be able to attend large wildfire incidents in order to
maintain those qualifications.
This agreement provides the mechanism for participation on large fires on state
protected lands while providing the total cost of compensation (TCC) back to the City
assuring that we are able to maintain our staffing levels without incurring any
Page 14 of 55
additional costs.
Page 15 of 55
I
INTERAGENCY AGREEMENT WITH THE CITY OF
PASCO FIRE DEPARTMENT
Agreement No. IAA 93-095394
This Agreement is between the City of Pasco Fire Department, referred to as Pasco_and the
Washington State Department of Natural Re sources, Southeast Region , referred to as DNR.
DNR falls under authority of RCW Chapter 43.30 of Washington State, Department of Natural
Resources. DNR and Pasco enter into thi s agreement und er Chapter 39.34, lnterlocal
Cooperation Act.
The purpose of this Agreement is for Pasco to allow department personnel, referred to as
employee(s), to act as single resources for DNR wildfire and emergency response, and for DNR
to reimburse Pasco for all incurred costs associated with the u se of Pasco employees.
IT IS MUTUALLY AGREED THAT:
1.01 Statement of Work. Pasco will permit, as available, requested overhead and re so urce
personnel, equipment, and/or services to function as sing le resources for DNR within the State of
Washington. This service is limited to the State of Washington, with the exception of Type I and
2 Incident Management Team (IMT) members and designated alternates, when dispatched as part
of a team order. Pasco rese rves the right to deny DNR req uests for resources if s uch requests
will impede Pasco's abi lit y to adequately provide the nece ssary protection and support to the
community within its own jurisdiction and/or the immediate s urrounding areas.
2.01 Resource Order Authority. A resource order number is the authority reference for all
claims, including tho se of the perso nnel assigned to units . Each dispatched unit or person mu st
have an assigned resource order number, including overhead personnel , equipment, crews, and
s upplies . AH re so urce order numbe rs are issued by the Central Was hington lnterage ncy Dispatch
(CWICC) office.
Agreement No. 93 -095394 Page 16 of 55
3.01 Period of Performance. The period of performance of this Agreement shall begin on
the date of the la st signature to this agree ment, and end on December 31, 2019, unless terminated
soo ner as p rov ided herei n.
4.01 Payment. Payment for services rendered i s established under RCW 39.34.130 and is
intended to make the department whole. P asco s hall rece ive full reimbursement of all actual costs
incurred, as outline d in Attachment A -Cost Re imbursement Procedures, from the point of
s tagin g/mob ili zation, including t rans p ort atio n, salary for ho urs worked, benefits, overtime
premiu ms, per diem, backfilling of employees, and t rave l, to the point of demobilization.
5.01 Billing Procedures . DNR s hall reimburse Pasco upon the receipt of invoiced claim
fo rms submitted by P asco as outli ned in Attachment A. In vo iced costs will be billed within one
hundred-twenty ( 120) bu si ness days of de mobili zation. Payment to Pasco for in curred costs w ill
be made by warrant or acco unt transfer w ithin ninety (90) d ays of receiving the in voice.
6.01 Records Maintenance. In acco rd ance with RCW 40.14 Preservation and Destruction of
Public R ecords, Pasco preserves a nd maintains all records, documents and other evidence
suffi cient to supp ort a nd verify all direct and indirect costs incurred by Pasco in t he use of
personnel a nd o ther resources by the D NR. These records are available for in spection, review, or
aud it by personnel of the D N R , other personnel a uth ori zed by the DNR, the Office of the State
Auditor, and federal officials as authorized by law. Pasco agreement expiration. The Office of th e
State Auditor, federa l audito rs , and a ny persons authorized by the parties shall have full acce ss to
a nd the right to examine any of th ese ma teria ls during thi s period.
R ecords a nd othe r documents in a ny medium furni shed by o ne party to this agreement to the
other party w ill remain the property of the furnishing party, unl ess otherwise agreed. The
receivi ng party will not disclose this m ateri a l to an y thi rd parties wit ho ut notifying t he furnishing
party. Each party w ill use reaso nable secu ri t y procedures t o ensure th at records and documents
provided by the other party are protected to the fullest exte nt possibl e . Both parties acknowledge
that Pasco bound by the Public R ecord s Ac t (PRA), C hapter 42.56 RCW govern in g release of
publ ic rec ords. An injunction filed under the PRA i s re quired to prevent release of public records
th at do n ot fall w ithin a clearly de fin ed and applicab le s ta tutory exempti o n, as determined by the
City of Pasco.
7.01 Independent Capacity. T he employees or agents of each party who are e ngaged in
performing this agreement s hall c9ntinu e to be employees or agents of that party and shall not be
considered for any purpose to be empl oyees o r agen ts of the other party.
8.01 Amendments. This Agreement may b e ame nded by mutu a l agreement of th e parties.
Amendments s h all be in writin g a nd s ig ned by personn e l a uth orized to bind each of the parties.
9.01 Termination. Either party may te rmin ate this Ag reement by giving the ot he r party 30
d ays prior written no ti ce. If this Agreement is ter mi n ated, the terminatin g party shall be li abl e to
pay o nl y for those serv ices provided or cos ts in curred prior t o the termination date accordi ng to
the terms of thi s Ag ree m ent.
Agreement No. 93 -095394 Page 17 of 55
10.01 Termination for Cause. If for any cause either party does not fulfill in a timely and
proper manner its obligations under this Agreement, or if either party violates any of the terms
and conditions, the aggrieved party will give the other party written notice of the failure or
violation . The aggrieved party will give the other party 15 working days to correct the violation
or failure. If the failure or violation is not corrected within 15 days, the aggrieved party may
immediately terminate this Agreement by notifying the other party in writing.
11.01 Disputes. If a dispute arises , a dispute board shall resolve the dispute like thi s : Each
party to this agreement shall appoint a member to the dispute board. These board members shall
jointly appoint an additional member to the dispute board. The dispute board shall evaluate the
facts, contract terms, applicable statutes and rules , then determine a resolution. The dispute
board's determination shall be final and binding on the parties . As an alternative to the dispute
board, either of the parties may request intervention by the Governor, as provided by RCW
43.17.330. In this case, the Governor's process will control the dispute resolution.
12.01 Governance. This contract i s entered into the authority granted by the laws of the State
of Was hington and any applicable federal laws. The provisions of this agreement shall be
construed to conform to those laws.
If there is an inconsistency in the terms of this Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the
following order:
(1) Applicable State and federal statutes and rules;
(2) Statement of Work ; and
(3) Any other provisions of the agreement, including materials incorporated by
reference.
13.01 Assignment. The work to be provided under this Agreement and any claim arising from
this agreement cannot be assigned or delegated in whole or in part by either party, without the
express prior written consent of the other party. Neither party shall unreasonably withhold
consent.
14.01. Waiver. A party that fails to exercise its rights under this agreement is not precluded
from subsequently exercising its rights. A party's rights may only be waived through a written
amendment to his agreement.
15.01 Severability. The provisions of thi s agreement are severable. If any provis ion of this
Agreement or any provis ion of any document incorporated by reference should be held invalid ,
the other provisions of this Agreement without the invalid provision remain valid.
16.01 Insurances. DNR acknowledges that Pasco is a member of the Washington Cities
Insurance Authority (WCIA) risk pool. In lieu of Certificate(s) of Insurance, DNR agrees to
accept a signed evidence of coverage letter (see Attachment B -Evidence of Coverage) as
evidence of adequate liability coverage.
Agreement No. 93-095394 Page 18 of 55
17.01 Indemnities. Each Party shall hold harmless, a nd ind emnify the other Party a nd it s
directors, officers, agents a nd employees against any and all loss, liability, damage , or expen se,
includin g any direct, indirect or consequenti al loss, liability, d a mage, or e xpense, but no t
including attorneys' fee s unless awarded by a court of compe tent juris dicti o n, for injury or deat h
t o pe rson s , including employees of either Pa rty, and damage or loss of use to prope rty, including
property of either Party, arising out o f or in connection with inte nti o nal , willful, wanton, reckle ss
or grossly negli ge nt conduct. H owever, neither P a rty sha ll be indemnified he re unde r for a ny
loss, liability, damage, or expense res ulting from its so le negligence or willful gross mi sco nduc t.
18.01 Complete Agreement in Writing. This Agreement contains all the terms and
conditions agreed upon by the parties. No other unde rstanding, oral or oth erwise, regarding the
subjec t matter of thi s Agreement s h a ll be deemed to exist o r to bind any of the parties.
19.01 Contract Management. The Proj ect Coordinator for each of the p a rti es sha ll be th e
contact person for this ag reement. All communi catio ns s h ould be directed to th e proj ect
coordinator(s), w ith the exceptio n of billing inquiries. For Pasco, billing inquiri es s ho uld be
directed to Pasco's D ata An alyst ; DNR billing inquiri es s h o uld be directed to DNR's Fiscal
Analyst.
20.01 Project Coordinators.
The Proj ect Coordinator for Pasco i s :
Bob Gear, Operations Chief
Pasco Fire Department
PO Box 293
Pasco, WA 9930 l
Phone: (509) 545-3426, Office
Phone: (509) 528-1650, Cell
For Pasco billing inquiries, cont act:
Susan Billings
P asco Fire Department
1011 E. Ainsworth Ave
Pasco, WA 9930 l
Phone: (5 09 ) 545 -3 426, Office
billingss@pasco-wa.gov
Agree me nt No. 93 -095394
The P roject Manager for DNR is:
Wyatt Leighton
713 B owers Road
Ell e nsburg, WA 98926
Pho ne: (509) 925-0959
For DNR billing inquiries, contact:
Sara h Thorson
Fi scal Analyst
SE Reg ion DNR
Pho ne: (509) 925-0915, Offi ce
sarah.tho rson @dnr.wa.gov
Page 19 of 55
IN WITNESS WHEREOF, the parties have executed this Agreement.
CITY OF PASCO
PASCO FIRE DEPARTMENT
Dated: ________ , 20_ By:
Dave Zabel!
Title: City Manager
Address: __ P_O_B_o_x_2~9_3 _______ _
Pasco WA 99301
ST A TE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Date d : ________ , 20_ By:
Todd Welker
Title: Regional Mana ger
Address: __ 7_1_3_B_o_w_e_r_s _R_o_ad ______ _
Ellensburg, WA 98926
Agreement No. 93-0 95394 Page 20 of 55
ATTACHMENT A -COST REIMBURSMENT PROCEDURES
Payment for services provided to Pasco is established under RCW 39.34.130 and is intended to
make the department whole. DNR will reimburse Pasco for a ll actual costs incurred while
dispatched to incidents in Was hington State according to the terms outlined below.
Travel Time
Travel time is calculated as the mile age from the home agency to the incident divid ed by 45mph. A
computer program s uch as MapPoint , MapQuest, Google Maps, or another s imilar mapping
program will be used to determine mileage. This calculation takes into consideration re s t breaks
and fueling. Travel will be documented on the Crew Time Report (CTR).
It i s understood that road and weather conditions may vary causing excessive travel time. In such
cases, the extra travel time and rationale will be documente d on the CTR and approved by the
record keeper and Division Supervi sor via s ign ature on the CTR.
Staging Hours
When resources are assigned to staging for initial attack or emergency deployment to the fi e ld , all
hours will be reimbursable . This condition requires d ocumentation on a CTR and s ignature of the
Division Supervisor on the CTR.
Non-Compensable Time
Time when an individual is not on assigned duty and is fr ee to leave the area is no n-reimbursable ,
including the foJlowing:
1. Unscheduled hours for meals
2. Sleeping periods
3. Time required for vehicle/equipment servicing or maintenance
4. Crew change travel time for crew members
5. Out-of-service time (i.e., unit decommi ssioned or broken down). If crew is reassigned , it
must be documented on the CTR.
Crew Change
Whe n accepting a dispatch to an incident, resources are expected to stay 72 hours. After 72 hours
the resources wiJI be released or given opportunity to remain based on the needs of the incident. If
Pasco wishes to replace a crew after 72-hours assigned to an incident, they may do so. However, no
cos ts will be reimbursed.
Personnel Compensated by Pasco
Regular Hours: All hours regularly sc heduled at the home agency (i.e., Pasco) for perso nnel
assigned to a mobilization incident. These hours will be calculated the same as Pasco calculates
Agreement No. 93-095394
Page 21 of 55
' .
their regular hours for days scheduled for duty at their regular hourly rate. Pasco operates on 24-
hour shifts, beginning and ending at 8:00 a.m.
Overtime Hours : Overtime hourly rates for personnel assigned to an incident for overtime hours
worked. Overtime hours are those hours not regularly scheduled to work at the home agency (i.e.,
Pasco) that are assigned on the incident action plan. Compensable overtime hours are the same as
those in "time-in assigned status" (on-duty time). DNR does not compensate employees on a portal-
to-portal bas is.
Back fill
Backfill is intended to make the department whole. Pasco will be reimbursed the overtime premium
differential for positions that require replacement staff.
For the purpose of this agreement, "backfill" is defined as any and all additional costs required to
cover an individua l that has been mobilized, including overtime premiums or out of class premiums.
The term Backfill Personnel applies to those persons who come in on a non-scheduled work day to
replace those persons assigned to a mobilization incident. Only regularly scheduled hours will be
e ligible for backfi ll consideration.
When required to comply with local minimum staffing requirements, the overtime premium costs of
a replacement firefighter filling in for a firefighter dispatched to an incident will be reimbursed .
When the firefighter arrives back h ome, eligibility for cost reimbursement will end for both that
firefighter and the backfilling replaceme nt firefighter.
If the di spatched firefighter arrives home during hi s/her regular work s hift, the expectation is that
he/s he will report for and return to work. If Pasco chooses to allow the returning firefighter to go
home (i.e., to his/her personal res ide nce) rather than to return to work, it will do so at its own
expense.
How Backfill Works
l. Agency has firefighter scheduled 2. Agency allows firefighter 3. Agency calls in a firefighter
to work. to respond to an Incident at who is not scheduled to
beginning of shift. work.
Agency has fund s allotted for Incident covers cost of Since agency hasn't
Shift to be worked. Firefighter who left. Agency Expended the allotted funding
Still has funds allotted for Incident will pick up 1/3 of
Shift to be worked. The cost for the Backfill.
Firefighter who goes to Firefighters cost to agency When the firefighter is called
Incident is paid $10/hr. The of $240 is reimbursed by in , he i s paid at overtime rate.
Agency has set aside $240 incident. If this firefighter is paid $10
for the 24 hour shift. an hour for regular time,
Then he/she is compensated
at $15 for overtime.
Cost to Agency: $240 Cost to Agency: $0 Cost to Agency: $360:
Cost to Incide nt: $240 Agency reimbursed 113 of
$360 = $120 for overtime.
$240 for regular shift.
Agree ment No. 93 -095394 Page 22 of 55
Scheduled Cos t to agency:
$240
Backfill cost to Incident:
$120
Total cost to agency for scheduled firefi ghte r = $240
Total cost to agency to se nd firefighter to in c ide nt = $0
Total cost to in c ident for firefighter sent to in c ident= $360 ($240 regular shift + $120 backfill.
Total cost to agency for backfill firefighter = $240
Total Cost of Compensat io n CTCC): All personnel claims submitted will utilize the TCC meth od.
TCC compen sa tes for a regular hourly wage plus be nefits.
Life insu rance, Medical, De nt a l, Employee As s istance Pro grams and Di sabi lity in surance is a ll
included in th e Medical/Dental Section and i s appli ed only to the regul ar hour rate. While the
overtime base rate may be 1.5 times mo re than the regular time, o n ce benefits are added , this is no
longer a true statem ent. Overtime TCC s hou ld a lways be les s than 1 .5 times the regular TCC rate.
Time Keeping
Eq uipme nt use sha ll be recorded by time unit personnel as fo ll ow s :
• H ourl y Rate -to the nearest quarter-hour
• Mileage R ate -neares t mile
Wet R ate
All apparatus and equipment will be paid at the same "wet rates " as those li sted in the c urre nt
Washington Fire Services R esource Mobilization Pl an W age and Eq u ipme nt R ates.
Paid as Ordered
Resources will be paid based on the re source o rder.
Out-of-Service Units
Out-of-service a pparatus are not e li gible for a ny in c id e nt ass ignments o r payment until repaired a nd
accepted b y the Ground Support Unit.
Mech ani cal Failure -The cost of mec h a ni cal or othe r physical damage repair i s deemed to be
included within the cost of the "wet rate" paid for apparatu s . There is no reimbursement for these
cost s.
Examp les:
Ag reement No. 93-095394
Page 23 of 55
. .
• Mechanical breakdowns, including major items (e.g., motor, tran smission, differential).
• Body d amage, minor (e.g., scratched paint from brush and trees, or damage sustained
running through fences) or major (e.g., body and fender damage).
• Cost inc urred due to in cidental loss or damage to apparatus, equipment, or personal property
are not reimbursable.
• Cost of temporary replacement for l ost or damaged apparatus, equipment, or personal
property (e .g., rental expense) while permanent repairs or replacement are being pursued is
not reimbursable.
Travel
Time spent trave ling from home agency to an event and back is considered compensable time . Costs
incurred while traveling may also be compensable. Thes e are:
Per Diem:
Reso urces are expected to be se lf-sufficient for up to 24 hours depending on the
condition s of the incident. Per diem cannot be claimed during this initial 24 hour time p e riod
unless:
o Travel will be in excess of 6 hours and out of your home jurisdiction, or
otherwise approved by the Incident Commander.
After 24 hours, resources may s ubmit per diem claims only for those meals that are not
available at camp. The following guidelines apply:
o Paid in accordance with Washington State Offi ce of Financial Manageme nt
(OFM) rates;
o Reimbursed for actual per diem expenses (receipts required). M ay not exceed
OFM rates. Receipts must be itemized showing what was purchased, not jus t the
total. If purchas ing for a group, mu s t have each individual s ign receipt.
o For travel home in excess of 6 hours, if sack lun ches are provided , per diem
claims will not be allowed .
Personnel Accommodations:
o Established camp accommodati ons for housing, feeding , and support of
mobilized perso nnel shall be used whe n provided.
o Alternate accommodations may be utilized at the expense of the user. The costs
for alternative accommodations are not reimbursable.
DNR agrees to the following:
• Record Employee's time s pent in performance of this Agreement.
• Provide a copy of the employee's time record to the employee, who wi ll provide a copy to
Pasco .
• Contact Pasco Fire Department 's Admini stration at (509) 545-3426 immediately with any
billing questions.
Agreeme nt No. 93-095 394 Page 24 of 55
• Ensure the citizens of Pasco are made whole by providing full compensation to the City of
Pasco for personnel , services, equipment, etc. provided .
Pasco agrees to the following:
• Pasco will permit, as available, requested overhead and resource personnel , equipment,
and/or services to function as single re sources for DNR within the State of Washington
when reque ste d by the cwrcc office via resource order.
• Send a final billing to the address below within one hundred-twenty (120) days of
demobilization. Invoices will be identified by incident name, location and incident number,
and will be supported by adequate documentation. Adequate documentation includes th e
following: copies of resource orders and shift tickets, transaction statements (or equivalent),
individual time records and original OF288s/OF286s, copies of employee shift rosters
showing regular and overtime hours , and any other original receipts or documents pertinent
to invo iced costs.
Bills will be sent to:
DNR Southeast Region
Attn: Finance
713 Bowers Road
Ellensburg, WA 98926
Agreement No. 93 -095394
Page 25 of 55
Attachment B
PERSONNEL
FIRE DEPARTMENT PERSONNEL
Agreement No. !AA 93-0953 96
Page 26 of 55
Page 27 of 55
AGENDA REPORT
FOR: City Council May 10, 2017
TO: Dave Zabell, City Manager Regular Meeting: 5/15/17
FROM: Bob Gear, Fire Chief
Fire Department
SUBJECT: Physio Control LifePak Defibrillators
I. REFERENCE(S):
Sole Source Worksheet for Physio Control LifePak Defibrillators
Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ______, waiving the competitive
bidding requirements and approving the purchase of defibrillators from Physio Control.
III. FISCAL IMPACT:
$53,446.37- Budget Capital Expense for 2017
IV. HISTORY AND FACTS BRIEF:
The Pasco Fire Department currently supports four Physio Control LifePak 15, one
Physio Control LifePak 12, nine Physio Control LifePak 1000 automatic external
defibrillators (AED's) and five Physio Control LifePak 500 AED's. The Pasco Fire
Department currently pays for existing computer programming, modems, maintenance
and warranty with Physio Control.
V. DISCUSSION:
Staff has evaluated the current inventory and replacement options and proposes to trade
in a LifePak 12 for a LifePak 15, trade in five LifePak 500 AED's and replace with six
LifePak 1000 AED's. Physio Control products continues to stay consistent with the
control panel of their units which lessens the need for re-training of personnel. Timing
and familiarity with lifesaving equipment is critical during emergent situations.
The Physio Control LifePak 500 model is no longer supported by the company.
Page 28 of 55
Because of the need for consistency and to minimize the impact of new equipment we
ask that the council approve this sole source request.
Page 29 of 55
SOLE SOURCE WORKSHEET
Sole source purchases are de?ned 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:Physio Control Life Pak De?brillators Requisition No.
Prior Purchase Order Number (if item had been approved previously):
Budget Item l50.23.400.54.49l0
1.Please describe the items and its ?mction:
1 Ph sio Control LifePak 15 cardiac de?brillator.Re lacement of LifePak 12.
6 Physio Control LifcPak 1000 external automated device (AED).Replacement of AED 500.
Budgeted replacement item/defibrillators.
2.This is a sole source because:
El
El
El
El
sole provider of a licensed or patented good or service
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 infomiation on market price survey,availability,
etc.)
3.What necessary features does this vendor provide which are not available from other vendors?
Please be speci?c.
Pasco Fire Department currently supports 4 Physio Control LifePak 15.l Physio Control LifePak
12 9 Physio Control I_ifePak l000(AED’s).&5 Physio Control LifePak 500(AED’s).Pasco Fire
Department currently pays for existing computer programming.Modems.maintenance &
warranty with Physio Control.Physio Control continues to stay consistent with the control panel
which eases trairtingand use amongst the staff in emergent situations.
4‘What steps were taken to verify that these features are not available elsewhere?
E
D
Other brands/manufacturerswere examined (please list phone numbers and names,and
explain why these were not suitable).
Zoll LifePak demonstrationat RFD
Other vendors were contacted (please list phone numbers and names,and explain why
these were not suitable).
Page 30 of 55
5.Sole source vendor certi?es that the City is getting the lowest price offered for the item.
State contract bid.
Certi?cation 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 ?rm been a
deciding in?uence on my request to sole source this purchase.
By EMJ Date:'[Z
Page 31 of 55
PHYSIU
CONTROL
To PASCO FD
Alln Michele Crowiey.Caplam
310 N OR AVE
PASCO.WA 99301
(509)543-5702
crowiexmggsctrwa gov
Contract NASPO VSWSOO v2
Quote Number 00072085
Quole Number
Revision #
Created Date
Sales Consultant
FOB
Terms
NET Terms
Expiration Date
Physic-Control,Inc
11811 WcllowsRoad NE
F’O Box 97006
Redmond.WA 98073-9706 U S A
www physb-cunlrol com
let 800 442.1142
Sales Order fax 800 732 0956
SEFVICEPlan fax 500 772 3340
00072085
1
3/1/20!7
Paula Park
(425)28345707
Deslinaluon
All quoles subject to credit approval and me
tollowlng lerms and condmons
NET 30
5/30/2017
Page 32 of 55
Product Description Quantity List Price UM
Discount
11140-000015 AC power oord 1.00 81.00 -15.03 64.97 64.97
11160-000013 'NIBP CUFF-REUSEABLECHILD.BAYONET ;1.00 24.00 I -3.6020.40 20.40
11160-000019 NIBP CUFF-REUSEABLEX-LARGEADULT,BAYONET 1.00 48.00 -7.20 40.80 40.80
11171000049 1Rainbow DCI Adt Reusable Sensor.1lbox 1.00 ‘640.00 -98.55 I 541.45 541.45
11220-000028 Carry case too pouch for use w/LIFEPAK 12 or LIFEPAK 15 1.00 57.00 -10.59 46.41 46.41
11260-000039 LIFEPAK 15 Carry case back pouch 1.00 82.00 -14.68 67.32 67.32
LIFEPAK 15 Basic carry case wl right &left pouches.
‘
11577-000002 INCLUDED AT NO CHARGE WHEN ORDERED WITH 1.00 32000 -57.18 262.82 262.82
DEVICE:11577-000001 Shoulder Strap
11577-000004 Station Battery Charger -For the LP15 1.00 1.86000 -402.55 1,457.45 1.457.115
21330-001176 LP 15 Lithium-ion Battery 5.7 amp hrs 3.00 469.00 -99.58 369.42 1,108.26
LIFEPAK 1000 (Kit #5)
ECG Display.Standard Setup w/carry case.battery 8:
electrodes
Included at No Charge‘
41425-000034-ShipKit r
11425-000012-Strap lor Carrying Case ‘
I 11141-000156-Battery ‘
11996-000017-QUIK-COMBOREDI-PAKe|ectrodes(2pair 63°3'355'°°‘Q6848 2'385‘52 “'31”?
per unit)
11111-000016-3 Wire Monitoring Cable
11425-000001-Accessory Pouch
11100-000001-LIFEPATCHECG ELECTRODES (3 per
package)
26500-003457-Operating Instructions
99425-000025
LIFEPAK 15 V4
MonitorIDe?b,Adaptive Biphasic.Manual 5 AED.Color LCD.
100mm Printer.Noninvasive Pacing.Metronome.Trending.
SpO2.NIBP.12~Lead ECG.EtCO2.Carbon Monoxide.
Bluetooth
INCLUDED AT NO CHARGE:2 PAIR QUIK-COMBO
ELECTRODES PER UNIT —11996-000091.TEST LOAD -
21330-001365,IN—SERVlCEDVD -21330-001486.
SERVICE MANUAL CD—26500-003612 (one per order)and
SHIP KIT (RC Cable)41577-000288 INCLUDED.HARD
I’-‘ADDLES.BATTERIES AND CARRYING CASE NOT
INCLUDED.
99577-001957 1.00 34360.00 -4835.73 30.02427 30.02427
LIFEPAK 15 Service -4 YEAR.
On-site Comprehensive Coverage.Annual Payments.1'00 6'8g6'0o -1 03440 5'Ba1'60 SBGLSDLP15-OSCOM P-4-POS
Trade in of LIFEPAK 12 Biphasic —3 Feature towards the
-...0 -.-.Trade In product
purchase 0‘Llfepak 15 1 O0 0 00 0 0 5.000 00 5,000 00
Trade in of LIFEPAK 500 Biphasic towards the purchase ofTrade-in product
CR+ILP10DU 5.00 0.00 0.00 -150.00 -750.00
Subtotal USU 4b 064 21*‘
Estimated Tax USE L 381 bi‘
Estimated Shipping 8 Handling USD 0 00
Grand Total USD 53.446 37
Quote NUrr1I:iC—.r00072085
Page 33 of 55
Pricing Summary Totals
List Price Total
Total Contract Discounls Amounl
Total Discount
Trade In Discounts
Tax +S&H
USD 66505.00
USD 712,690.13
USD 0.00
USD -5 750.00
USD $381.50
GRAND TOTAL FOR THIS QUOTE
PHYS|0»(ONTROL,INC.REQUIRESWRITTENVERIFICATION OF
THISORDER.A PURCHASEORDER IS REQUIREDON ALL
ORDERS55,000 OR GREATERBEFOREAPPLICABLEFREIGHT
AND TAXES THE UNDERSIGNEDIS AUTHORIZEDTO ACCEPT
THISORDER IN ACCORDANCEWITH THE TERMS AND PRICES NAME
DENOTED HEREIN
CUSTOMERAPPROVAL (AUTHORIZE D SIGNATURE)
TITLE
DATE
Reference Number P P/00172 702/105009
Phys-o-Cormul.Inc (‘Phys-op accepts Buy-are order nus-soy mmnonen an Buyers asset D be Iarrms 5:1 Gum n has
uecvmant Buy-as omen ma aecwtmce at my womanMme goods.semen or subscrulcru shun eorltm Buyers axxqnmceafanaaenunsUmssspannedbmswsehelernha:levrrcs nonsmme ht corrume aoveevnambezwecn he names ANIH\dIl'ID1S
to ho aecumanx shall be In wmog and no prim or suuaquem aaxmlanu by Salter or my pumase arner aamoaneapme-1|orownercoca.-mernhnrnsuyet specrymg uneven sown:nanmonallerms shall be uvectwe untussrgneu by bum namesPricing.Pnees as not name mam:Insurance Iragm brwuump lees mu.-5 names -r/man av eupon permn Ies.at any emu
snmlnrauxge at my Inna appnuble In negoaus and samcs Slls or use Iaxs an amnesia |usA)neIvunes mu be lwencaunaaomnInhepnceofhegoodsat-cs services unless R1)-sea teen-aes a copy or a use stunptcn cmame not to netwery
Dnscourlsmay nmbecombinaawuthelmrspeeaalxerms mscounxs analarpromcmu-ts
Paymevn.Daymmrlbv goods and serves snu be suzieci ta npprwu blues!by Phys»:unless chemise snuw?euby Pnyyo m
wrmrug.he more payment at an name:5 due may (30;any:mar he -mace one to:as-vanes on he USA and sugru arm or
acceplanleuaorlmnea;mevoeable lane:ovcreanls reumenvovsalesnumaeme USA
Ilnhnmn omcvannnuty.Phys-oreseivaslhe ngrno charge a servo:fee tor any moea lass min $200 00
Puemu-uncanny.Prysro snarl mnenu-my Bwer ma neon nmrrnlss ham and aganm an aem-ms,ununs.aamaga seas:andaoaraesmungoutMorrsmng.tom any anon by a turn parry aqunsl Sayer ha:5 base:on any elem rm the names
Inmnge a unnee Sn-rs pexem.eepyngm or tvaaemuk or v-cute a lune secret or any oner pmpraemy nan:or any person atermy31539;-new-mcnorv ubhgnons he-vemuer MII be sumac:no 1:)reaewng nremm wm-nanname cl he euslence or any
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fRCHA|l'TABKl'I'V OR FITIIESS FOR A PARTICULAR PLRFOSE.AND ID!ID EVEN‘?SMALL PNYSIO BE LIAQE FOR
IIIClDEllTAL,CO|lSEOUEl'|’lA|.SPECIALOR OTHER DAMAGES
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cnnfndefl-llty laws
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body mas gavems ornpplesto me-r respeclrve dunes am:obngahonshereunaev
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renrrlbuvsed by me omer parry
Quote Number 00072085
USD 53.446 37
Page 34 of 55
of I.
In aummnm the General arms abm/o,lhaVclcNvn1glerms appvym all purchases olpraauusfrom Pnysm
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sha?955 I.)Buy:It hll punt Flflll aemenes may be mad:U16 Dlfl?rmoices shall be pummel:and shall bmame due InIcaxuarlcawulhhepaymauIevms.h he absmce olsnnpping InSVUdIO?§from Bo/er.R'1ysno will amam xranspananon on Buyers
behalf and to!Buyer‘:Iccoun Dawery cats are appmmmate Fragm is pr:-pad and added kw Bwerx umcuce Fvoaucvs av:subjeci to avaulanlty.
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Quote humbe:00072065
Page 35 of 55
RESOLUTION NO.
A RESOLUTION of the City of Pasco, Washington, waiving the
competitive bidding requirements and approving the purchase of defibrillators from
Physio Control.
WHEREAS, it is critical for the City of Pasco to have proper equipment to perform fire and
ambulance functions; and
WHEREAS, the City has the need to purchase replacement defibrillator and external
automated device (AED) equipment; and
WHEREAS, the City currently uses Physio Control defibrillators and pays for computer
programming, modems and a maintenance and warranty program with Physio Control; and
WHEREAS, the City has established work standards that are supported by the use o f Physio
Control defibrillators; and
WHEREAS, the City examined the use of a similar product and found training and
proprietary ancillary equipment issues that would require additional costs including defibrillator
pads, cabling and wiring and receiving equipment at the hospitals and allowed the determination of
the use of Physio Control defibrillators to be necessary; and
WHEREAS, the use of Physio Control defibrillator equipment is clearly and legitimately
limited to a single source of supply to support current operation standards, this purchase becomes
subject to waiving competitive bidding requirements per RCW 35.23.352(9) competitive bidding
requirements and RCW 39.04.280(1)(a) sole source and RCW 39.04.280 (1)(b) special market
conditions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DOES RESOLVE AS FOLLOWS:
Section 1. That the City of Pasco Fire Department purchase defibrillator equipment and
related services from Physio Control.
Section 2. The above-described circumstance is justification for the waiver of bidding
requirements under the authority of RCW 35.23.352(9) and pursuant to sole source provider RCW
39.04.280(1)(a) and special market conditions RCW 39.04.280(1)(b) and, therefore, the bidding
requirement is hereby waived for the purchase of fire department equipment from Physio Control.
PASSED by the City Council this _____ day of ______________, 2017.
Matt Watkins, Mayor
ATTEST:
Sandy Kenworthy, Interim City Clerk Leland B. Kerr, City Attorney
Page 36 of 55
Proclamation
” “Older Americans Month
May 2017
WHEREAS, the City includes a community of older Americans who richly contribute to
our community; and
WHEREAS, the City is committed to supporting older adults as they take charge of
their health, explore new opportunities and activities, and focus on independence; and
WHEREAS, the City can provide opportunities to enrich the lives of individuals of all
ages by:
Involving older adults in the redefinition of aging in our community;
Promoting home and community-based services that support independent living;
Encouraging older adults to speak up for themselves and others; and
Providing opportunities for older adults to share their experiences.
NOW, THEREFORE, I, Matt Watkins, Mayor of the City of Pasco, Washington,
encourage all citizens to take time during this month to acknowledge older adults , and the
people who serve them, as influential and vital individuals who greatly contribute to our
community, and to observe the month of May 2017 as
“Older Americans Month”
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal
of the City of Pasco, State of Washington, to be affixed this 15th day of May 2017.
Matt Watkins, Mayor
City of Pasco
Page 37 of 55
Proclamation
“Public Works Week”
May 21-27, 2017
WHEREAS, public works services provided in our community are an integral part of our citizens’
everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation
of public works systems and programs such as water, sewer, streets and highways, public buildings, and
solid waste collection; and
WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities
and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design,
construction and continued maintenance is vitally dependent upon the efforts and skill of public works
employees; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works
departments is materially influenced by the people’s attitude and understanding o f the importance of the
work they perform;
NOW, THEREFORE, I, Matt Watkins, Mayor of the City of Pasco, Washington, do hereby
proclaim May 21-27, 2017 as
“Public Works Week”
in the City of Pasco, and call upon all citizens and civic organizations to acquaint themselves with the
challenges and diversity of public works projects and operations, and to recognize the contributions
which public works employees make every day to our health, safety, comfort, and quality of life.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of
Pasco, State of Washington, to be affixed this 15th day of May 2017.
Matt Watkins, Mayor
City of Pasco
Page 38 of 55
Proclamation
“National Police Week”
May 14-20, 2017
WHEREAS, the City of Pasco Police play an essential role in safeguarding the rights and freedoms of the
citizens of the City of Pasco; and
WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and
sacrifices of their police; and
WHEREAS, City of Pasco Police recognize their duty to serve the people by safeguarding life and property,
by protecting them against violence and disorder, and by protecting the innocent against deception and the weak
against oppression; and
WHEREAS, the men and women of the City of Pasco Police unceasingly provide a vital public service;
NOW, THEREFORE, I, Matt Watkins, Mayor of the City of Pasco, Washington, call upon all citizens of the
City of Pasco and upon all patriotic, civic and educational organizations to o bserve the week of May 14-20, 2017
as
“National Police Week”
with appropriate ceremonies and observances in which all of our citizens may join in commemorating law
enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have
rendered a dedicated service to their communities and, in so doing, have established for themselves an enviable
and enduring reputation for preserving the rights and security of all citizens.
I further call upon all citizens of the City of Pasco to observe Monday, May 15, 2017 as
“Peace Officers’ Memorial Day”
in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice
in service to their community or have become disabled in the performance of duty, and let us recognize and pay
respect to the survivors of our fallen heroes.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Pasco,
State of Washington, to be affixed this 15th day of May 2017.
Matt Watkins, Mayor
City of Pasco
Page 39 of 55
APPROVED YTD % OF ADOPTED YTD % OF
2016 2016 ANNUAL 2017 2017 ANNUAL
BUDGET ACTUAL BUDGET BUDGET ACTUAL BUDGET
REVENUE SOURCES:
TAXES:
PROPERTY 7,905,000 349,637 4.4%7,825,655 224,267 2.9%
SALES 12,207,000 2,753,834 22.6%12,475,000 3,056,550 24.5%
PUBLIC SAFETY 1,365,000 327,895 24.0%1,400,000 337,633 24.1%
UTILITY 9,228,000 2,629,793 28.5%9,092,000 2,786,230 30.6%
OTHER 1,158,000 302,758 26.1%1,204,000 298,021 24.8%
LICENSES & PERMITS 1,843,400 749,088 40.6%1,921,964 845,420 44.0%
INTERGOV'T REVENUE 2,151,648 287,436 13.4%2,118,837 350,799 16.6%
CHARGES FOR SERVICES 6,508,414 1,476,546 22.7%6,523,656 1,612,272 24.7%
FINES & FORFEITS 879,800 162,899 18.5%872,100 179,543 20.6%
MISC. REVENUE 493,440 122,552 24.8%498,260 97,725 19.6%
DEBT AND TRANSFERS IN 1,268,000 35,751 2.8%493,000 348,252 70.6%
TOTAL REVENUES 45,007,702 9,198,188 20.4%44,424,472 10,136,713 22.8%
BEGINNING FUND BALANCE 17,289,115 17,289,115 13,038,450 13,038,450
TOTAL SOURCES 62,296,817 26,487,303 42.5%57,462,922 23,175,163 40.3%
EXPENDITURES:
CITY COUNCIL 113,338 25,425 22.4%111,975 30,223 27.0%
MUNICIPAL COURT 1,666,508 353,064 21.2%1,467,115 352,213 24.0%
CITY MANAGER 1,444,191 333,327 23.1%1,593,838 453,462 28.5%
POLICE 15,092,148 2,801,054 18.6%15,483,731 3,686,587 23.8%
FIRE 5,545,292 1,388,158 25.0%7,075,164 1,806,535 25.5%
ADMIN & COMMUNITY SVCS 8,426,763 1,643,869 19.5%9,096,593 2,226,130 24.5%
COMMUNITY DEVELOPMENT 1,499,956 336,848 22.5%1,592,376 412,936 25.9%
ENGINEERING 1,806,118 352,321 19.5%1,798,269 436,667 24.3%
LIBRARY 1,305,200 307,053 23.5%1,330,220 422,540 31.8%
NON-DEPARTMENTAL 3,064,010 548,780 17.9%2,219,313 534,360 24.1%
DEBT AND TRANSFERS OUT 8,752,675 312,874 3.6%2,647,400 186,136 7.0%
TOTAL EXPENDITURES 48,716,199 8,402,772 17.2%44,415,994 10,547,789 23.7%
ENDING FUND BALANCE 13,580,618 18,084,531 13,046,928 12,627,374
TOTAL EXPEND & END FUND BAL 62,296,817 26,487,303 57,462,922 23,175,163
UNRESTRICTED CASH AND
INVESTMENTS:11,764,059 10,514,175
EXPECTED PERCENTAGE OF REVENUES AND EXPENDITURE, FOR 12 MONTHS : 25%25%
These statements are intended for Management use only.
GENERAL FUND OPERATING STATEMENT
THROUGH MARCH 2017
Page 40 of 55
AGENDA REPORT
FOR: City Council May 10, 2017
TO: Dave Zabell, City Manager Regular Meeting: 5/15/17
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Trespassing on Public Property
I. REFERENCE(S):
Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. _____, creating PMC Chapter 9.50 "Notice
of Trespass for Public Property" and, further, authorize publication by summary only.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
While all residents have the right to use and enjoy most properties owned for public
purposes, there are times when certain individuals, whose behavior is dangerous,
unsafe, illegal or unreasonably disruptive to others or endangers the public health,
safety and welfare, may necessarily be excluded from public properties.
The attached proposed ordinance outlines a legally sound process whereby such
individuals may be temporarily prohibited from entering a City facility building or
outdoor area, including municipal parks (but excluding rights-of-way), by the issuance
of a notice of civil trespass. The ordinance further sets limits on the duration of such
notices and provides for appeals of the same to the City's hearing examiner.
V. DISCUSSION:
This item was discussed at the May 8 Workshop Meeting. Staff recommends adoption
of the ordinance to ensure that the City's process for protecting the public in this regard
is in compliance with legal standards.
Page 41 of 55
Ordinance Creating 9.50 –
Notice of Civil Trespass for Public Property - 1
ORDINANCE NO.__________
AN ORDINANCE of the City of Pasco, Washington,
Creating Chapter 9.50 “Notice of Trespass for Public
Property”
WHEREAS, the City recognizes that members of the public have legitimate interests and
rights regarding the use and enjoyment of City-owned property, as well as certain rights
protected by the United States Constitution and the Washington State Constitution and laws,
including, but not limited to, the right to petition the government, the right to assembly, and the
right to access sources of information; and
WHEREAS, the City of Pasco finds that there is a need for the City to adopt a legally
sound process for excluding from City property any individual whose behavior is dangerous,
unsafe, illegal, unreasonably disruptive to others or in any way endangers the public health,
safety, and welfare; and
WHEREAS, the City desires to provide a specific method for the issuance of notices of
civil trespass to such individuals, including placing limitations on civil trespass notices and
providing procedures for such individuals to promptly appeal the issuance of civil trespass
notices; and
WHEREAS, this Ordinance is enacted as an exercise of the City’s authority to protect
and preserve the public health, safety and welfare, while recognizing the rights of individuals to
engage in legitimate activities that may occur on City-owned property; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That a new Chapter 9.50 entitled "Notice of Trespass for Public Property"
of the Pasco Municipal Code shall be and hereby is created and shall read as follows:
Chapter 9.50
NOTICE OF TRESPASS FOR PUBLIC PROPERTY
Sections:
9.50.010 Purpose.
9.50.020 Authorization to issue notice of civil trespass – City employees.
9.50.030 Authorization to issue notice of civil trespass – Law enforcement.
9.50.040 Right-of-way defined.
9.50.050 Limitations on trespass duration.
9.50.060 Service of notice – Content.
9.50.070 Violations – Penalty.
9.50.080 Protected First Amendment activity.
Page 42 of 55
Ordinance Creating 9.50 –
Notice of Civil Trespass for Public Property - 2
9.50.090 City property closed to the public.
9.50.100 Appeal of notice of civil trespass.
9.50.110 Additional enforcement procedures.
9.50.120 Severability.
9.50.010 PURPOSE. The purpose of this chapter is to adopt a legally sound process
for excluding from City property any individual whose behavior is dangerous, illegal, unsafe, or
unreasonably disruptive to other users while recognizing the rights of individuals to engage in
legitimate activities that may occur on City-owned property. This chapter is enacted as an
exercise of the City’s authority to protect and preserve the public health, safety and welfare.
9.50.020 AUTHORIZATION TO ISSUE NOTICE OF CIVIL TRESPASS – CITY
EMPLOYEES. The City employees or officials, or their designees, having control over a City
facility, building, or outdoor area, including municipal parks, are authorized to issue a notice of
civil trespass to any individual who violates any City ordinance, rule or regulation, or
Washington State law or lawful directive of a City employee or official, when such violation was
committed while on or within a City facility, building, or outdoor area, including municipal
parks (but excluding rights-of-way). Notice of civil trespass shall prohibit the violator from
entering in or upon or accessing any portion of the specific property where the violation occurred
during the term of the notice.
9.50.030 AUTHORIZATION TO ISSUE NOTICE OF CIVIL TRESPASS – LAW
ENFORCEMENT. A law enforcement officer is authorized to issue a notice of civil trespass to
any individual who violates any City ordinance, rule or regulation, or Washington State law or
lawful directive of a City employee or official, when such violation was committed while on or
within a City facility, building, or outdoor area, including municipal parks (but excluding rights-
of-way). Notice of civil trespass shall prohibit the violator from entering in or upon or accessing
any portion of the specific property where the violation occurred during the term of the notice.
9.50.040 RIGHT-OF-WAY DEFINED. For the purpose of this chapter, right-of-
way shall include those sidewalks which are closest to a paved street; provided, that the street-
side edge of the sidewalk is within 20 feet of the curb-line closest to the property.
9.50.050 LIMITATIONS ON TRESPASS DURATION. Notices of civil trespass
shall be issued as follows:
A) For the first violation under Section 9.50.030 or 9.50.040, the individual may be
issued a notice of civil trespass for a period not to exceed six (6) months. Any failure to comply
with said notice during this six (6) month term shall be penalized pursuant to Section 9.50.070.
B) For a second or subsequent violation within twenty-four (24) months of the first
notice of civil trespass, the individual may be issued a notice of civil trespass for a period not to
exceed twenty-four (24) months. Any failure to comply with said notice during this twenty-four
(24) month term shall be penalized pursuant to Section 9.50.070.
Page 43 of 55
Ordinance Creating 9.50 –
Notice of Civil Trespass for Public Property - 3
9.50.060 SERVICE OF NOTICE – CONTENT. A copy of the civil trespass notice
shall be provided by certified mail or hand delivery to the individual and to the City employee or
official having control over the City park, facility, building or outdoor area. The written trespass
notice shall advise of the right to appeal and the procedure for filing the appeal.
9.50.070 VIOLATIONS – PENALTY. Any person found on or within any City
facility, building, or outdoor area, including municipal parks, in violation of a notice of civil
trespass may be arrested for trespassing pursuant to PMC 9.54.020, except as otherwise provided
in this chapter.
9.50.080 PROTECTED FIRST AMENDMENT ACTIVITY. The City employee or
official having control over a City facility, building, or outdoor area, including municipal parks,
may authorize an individual who has received a notice of civil trespass to enter the property or
premises to exercise his or her First Amendment rights if there is no other reasonable alternative
location to exercise such rights or to conduct necessary municipal business. Such authorization
must be in writing, shall specify the duration of the authorization and any conditions thereof, and
shall not be unreasonably denied.
9.50.090 CITY PROPERTY CLOSED TO THE PUBLIC. This chapter shall not be
construed to limit the authority of any City employee or official to issue a notice of civil trespass
to any person for any lawful reason for any City property, including rights-of-way, when closed
to general vehicular or pedestrian use. This chapter shall not be construed to limit the
enforcement of Pasco Municipal Code 9.48.045 or 9.54.040.
9.50.100 APPEAL OF NOTICE OF CIVIL TRESPASS. A person to whom a
notice of civil trespass is issued under this chapter shall have the right to appeal as follows:
A) An appeal of the notice of civil trespass must be filed, in writing, within ten (10)
calendar days of the issuance of the warning, and shall include the appellant’s name, address and
phone number, if any. No fee shall be charged for filing the appeal.
B) The appeal shall be filed with the City Clerk’s office.
C) Appeals shall be heard by the Pasco Hearing Examiner.
D) Upon receipt of the appeal by the City Clerk, a hearing on the matter shall be
scheduled with the Pasco Hearing Examiner in accordance with PMC 2.19. Notice of the hearing
shall be provided to the appellant by U.S. first-class mail to the address listed in the written
appeal. If no address is provided, notice shall be sufficient when left at the front desk of the
Pasco police department no less than ten (10) calendar days prior to the scheduled hearing.
E) Copies of documents in the City’s control which are intended to be used at the
hearing, and which directly relate to the issuance of the notice of civil trespass to the appellant,
shall be made available upon request to the appellant at no cost.
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Ordinance Creating 9.50 –
Notice of Civil Trespass for Public Property - 4
F) The appellant and the City shall have the right to attend with or without an
attorney, the right to testify, to call witnesses, to cross-examine witnesses and to present
evidence. All appeal hearings shall be recorded. The appellant shall have the right to bring a
court reporter at his or her own expense, and/or to commission a transcription of the recording of
the hearing at his or her own expense.
G) The Hearing Examiner shall consider the testimony, reports or other documentary
evidence, and any other evidence presented at the hearing. Formal rules of evidence shall not
apply, but fundamental due process shall govern the proceedings.
H) The City shall bear the burden of proof by a preponderance of the evidence that
the notice of civil trespass was properly issued pursuant to the criteria of this section.
I) If the appellant fails to attend a scheduled hearing, the Hearing Examiner shall
dismiss the appeal and affirm the notice of civil trespass issued by the City.
J) At the conclusion of the hearing, the Hearing Examiner shall consider all the
evidence and render a decision. Within ten (10) business days of the hearing, the Hearing
Examiner shall reduce the decision to writing, a copy of which shall be mailed certified and U.S.
first-class mail to the appellant at the address provided. If no address is provided, a copy of the
decision shall be posted at the front desk of the Pasco Police Department.
K) The decision of the Hearing Examiner shall be final and the appellant shall be
deemed to have exhausted all administrative remedies. An appeal of the Hearing Examiner’s
decision must be filed with Franklin County Superior Court no later than 5:00 p.m. on the
fourteenth (14) day following the date the written decision is provided to the appellant either by
mail or by posting as described herein.
L) The notice of civil trespass shall remain in effect during the appeal and review
process, including any judicial review.
9.50.110 ADDITIONAL ENFORCEMENT PROCEDURES. The provisions of
this chapter are not exclusive, and may be used in addition to other enforcement provisions
authorized by the Pasco Municipal Code except as precluded by law.
9.50.120 CONSTRUCTION OF CHAPTER. Nothing in this chapter shall be
construed to prohibit or penalize any activity consisting of the lawful exercise of freedom of
speech, freedom of press and the right to peaceably assemble and petition the government for a
redress of grievances, provided, that such activity neither does nor threatens imminently to
materially disturb or interfere with or obstruct any lawful task, function, process or procedure of
the owner, operator, or other person controlling the premises, or any lawful task, function,
process or procedure of any official, employee or invitee of the owner, operator or controller of
the premises; provided further, that such activity is not conducted in violation of a prohibition or
limitation lawfully imposed by the owner, operator or controller of the premises upon entry or
use of the premises.
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Ordinance Creating 9.50 –
Notice of Civil Trespass for Public Property - 5
9.50.130 SEVERABILITY. If any one or more sections, subsections or sentences
of this chapter are held to be unconstitutional or invalid, such decision shall not affect the
validity to the remaining portions of this chapter and the same shall remain in full force and
effect.
Section 2. 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 _________________, 2017.
_____________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ____________________________________
Sandy Kenworthy, Interim City Clerk Leland B. Kerr, City Attorney
Page 46 of 55
AGENDA REPORT
FOR: City Council May 10, 2017
TO: Dave Zabell, City Manager Regular Meeting: 5/15/17
FROM: Bob Gear, Fire Chief
Fire Department
SUBJECT: 911 Misuse Ordinance
I. REFERENCE(S):
Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. ______, amending Section 9.06.100
“Failure to Supervise a Child”; Repealing Section 9.64.080 “Wrongful Use of
Telephone”; Repealing Section 9.64.090 “Refusal to Yield Party Line”; Repealing
Section 9.64.100 “Request for Party Line on Pretext of Emergency; and Creating
Chapter 9.65 “Misuse of 911 Emergency Call System” and, further, authorize
publication by summary only.
III. FISCAL IMPACT:
Reduction in expenditures related to responding to false alarms.
IV. HISTORY AND FACTS BRIEF:
The current Pasco Municipal Codes relating to misuse of the phone system is outdated
and references party line communications systems. Due to the age of the ordinance, it
is difficult to enforce the misuse of the emergency reporting and communications
systems.
V. DISCUSSION:
The Fire and Police Departments routinely respond to 911 calls claiming an emergency
exists, but upon arrival to an incident it is then determined that there is no actual
emergency. Some of these occurrences can occur as often as 25 to 50 times a year
involving the same location/individual. We have worked with the Prosecutor's office
to minimize this issue, but they have been unable to cite for misuse due to current
Page 47 of 55
ordinances that are not specific regarding the misuse issue. This proposed ordinance
was prepared with the assistance of the Franklin County Prosecutor and modeled after
similar ordinances in neighboring communities.
Page 48 of 55
Ordinance - Misuse of the 911 Emergency Call System
Page 1
ORDINANCE NO.__________
AN ORDINANCE of the City of Pasco, Washington, Amending Section
9.06.100 “Failure to Supervise a Child”; Repealing Section 9.64.080 “Wrongful
Use of Telephone”; Repealing Section 9.64.090 “Refusal to Yield Party Line”;
Repealing Section 9.64.100 “Request for Party Line on Pretext of Emergency;
and Creating Chapter 9.65 “Misuse of 911 Emergency Call System.”
WHEREAS, the City of Pasco finds that the misuse of the 911 emergency call system
results in a waste of City resources by the dispatching of emergency fire, medical, or police
personnel when no emergency exists; and
WHEREAS, the City of Pasco finds that there is a need for the City to repeal its outdated
code provisions regarding wrongful use of the emergency telephone system and replace them
with a more comprehensive process and penalty that will apply to individuals who misuse the
911 emergency call system. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 9.06.100 of the Pasco Municipal Code shall hereby be
amended and shall read as follow:
9.06.100 FAILURE TO SUPERVISE CHILD.
(1) It is unlawful for any parent, parents, or legal guardians, or any other person
having the care or custody of a child under the age of eighteen (18), to fail to properly supervise
and care for such child, in that such failure of supervision or care contributes to the child
violating any law of the United States, the State of Washington, or any ordinance of the City of
Pasco, or County of Franklin.
(2) It is unlawful for any parent, parents or legal guardians, or any other person
having the care or custody of a child under the age of eighteen (18) to:
(A) Fail to provide a home or settled place of abode; or
(B) Fail to exercise proper parental control of such child; or
(C) Neglect, inflict cruelty or depravity upon or fail to provide a fit place for
such child to live; or
(D) Allow such child to frequent the company of reputed criminals, vagrants
or prostitutes; or
(E) Allow such child to live in a house of prostitution or assignation; or
Page 49 of 55
Ordinance - Misuse of the 911 Emergency Call System
Page 2
(F) Allow such child to visit any saloon or place where spiritus, venous or
malt liquors are consumed or sold, bartered or given away; or
(G) Allow such child to do activities beyond their control and power without
seeking the assistance of appropriate state or local authorities; or
(H) Allow such child to lead an idle, dissolute or immoral life; or
(I) Suffer such child to be truant; or
(J) Allow such child to use unlawful drugs, narcotics or other controlled
substances; or
(K) Grossly and willfully neglect any medical care necessary for the well-
being of such child; or
(L) Allow such child to misuse the emergency 911 system.
(3) Failure to supervise a child is a misdemeanor. (Ord. 3484 Sec. 2, 2001.)
Section 2. That Section 9.64.080 entitled “Wrongful Use of Telephone” of the Pasco
Municipal Code shall be and hereby is repealed in its entirety.
Section 3. That Section 9.64.090 entitled “Refusal to Yield Party Line” of the Pasco
Municipal Code shall be and hereby is repealed in its entirety.
Section 4. That Section 9.64.100 entitled “Request for Party Line on Pretext of
Emergency” of the Pasco Municipal Code shall be and hereby is repealed in its entirety.
Section 5. That a new Chapter 9.65 entitled “Misuse of 911 Emergency Call System”
of the Pasco Municipal Code shall be and hereby is created and shall read as follows:
Chapter 9.65
MISUSE OF 911 EMERGENCY CALL SYSTEM
Sections:
9.65.010 Purpose.
9.65.020 Definitions.
9.65.030 Misuse of 911 System and Affirmative Defenses.
9.65.040 Notice and Civil Penalty.
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Ordinance - Misuse of the 911 Emergency Call System
Page 3
9.65.010 PURPOSE. This chapter is intended to reduce the number of false requests
for emergency assistance or similar misuse of the 911 emergency response system which occur
within the City and result in waste of City resources by providing for corrective administrative
action, including fees and potential discontinuance of service for repeated violations.
9.65.020 DEFINITIONS. The following persons or words used in this chapter shall
be defined as set forth in this section:
A) “Emergency Services” shall include police, fire, ambulance and emergency public
works services provided by the City.
B) “Misuse of the 911 system” is a request for emergency services when no actual
emergency exists and when the caller cannot show the existence of an affirmative defense as
listed in PMC 9.65.030.
C) “Person” includes any natural person, partnership, joint stock company,
unincorporated association of society, or corporation of any character whatsoever.
9.65.030 MISUSE OF 911 SYSTEM AND AFFIRMATIVE DEFENSES. It shall
be unlawful for any person to misuse the 911 system by making a request for service when no
actual emergency situation exists. The following shall be an affirmative defense to any charge
made under this chapter:
A) It shall be an affirmative defense that the person charged has a good faith,
reasonable, factual basis for the request.
B) It shall be an affirmative defense that the person charged had an actual belief that
an emergency existed.
C) It shall be an affirmative defense that a person charged made an unintentional
request for service, including accidental dials, misdials, and mechanical activations. This
affirmative defense shall only apply to the first two (2) accidental dials, misdials, or mechanical
activations made within a 24- month period.
D) It shall be an affirmative defense that the request was made unintentionally by a
child at the location requesting the service.
9.65.040 NOTICE AND CIVIL PENALTY. Unless otherwise provided in this
chapter, any person violating any provision of this chapter shall be guilty of a civil infraction.
The City shall impose the following monetary penalties for civil infraction upon the request of
the police or fire departments for misuse of the emergency response system:
A) Upon a first response to a location at which a request for emergency assistance
has been made by misuse of the 911 system, a warning notice of potential violation of this
chapter, including the penalties for further violations, shall be given to the person responsible for
the requested emergency assistance.
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Ordinance - Misuse of the 911 Emergency Call System
Page 4
B) Upon a second response within a 24-month period to a location at which a request
for emergency assistance has been made by misuse of the 911 system by the same individual
who dialed the call pursuant to PMC 9.65.040, such individual shall be charged with a first
offense of violating the provisions of this Chapter and shall be issued a class 1 civil infraction
pursuant to PMC Chapter 1.02, along with a monetary penalty of $250.00.
C) Upon a third response within a 24-month period to a location at which a request
for emergency assistance has been made by misuse of the 911 system by the same individual
who dialed the call pursuant to PMC 9.65.040(A) and PMC 9.65.040(B), such individual shall be
charged with a second offense of violating the provisions of this Chapter and issued a civil
infraction and monetary penalty of $1,000.00.
D) Upon a fourth or subsequent response within a 24-month period to a location at
which a request for emergency assistance has been made by misuse of the 911 system by the
same individual who dialed the call pursuant to PMC 9.65.040(A) and PMC 9.65.040(B), such
individual shall be charged with a third or subsequent offense of violating the provisions of this
Chapter and shall be guilty of a misdemeanor and monetary penalty of up to $1,000.00 and/or
ninety (90) days in jail.
Section 6. 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 _________________, 2017.
_____________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ____________________________________
Sandy Kenworth y, Interim City Clerk Leland B. Kerr, City Attorney
Page 52 of 55
AGENDA REPORT
FOR: City Council May 11, 2017
TO: Dave Zabell, City Manager
Rick Terway, Interim Public Works Director
Regular Meeting: 5/15/17
FROM: Dan Ford, City Engineer
Public Works
SUBJECT: Bid Award - Chemically Enhanced Primary Treatment Containment Pad
Project
I. REFERENCE(S):
Vicinity Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to award the Chemically Enhanced Primary Treatment
Containment Pad project to Industrial Constructors, Inc., in the amount of $66,897.60
and further, authorize the City Manager to execute the contract documents.
III. FISCAL IMPACT:
Water/Sewer Utility Fund - $66,897.60
IV. HISTORY AND FACTS BRIEF:
Improvements to the Wastewater Treatment Plant were included in the 2017 annual
budget.
Chemically Enhanced Primary Treatment (CEPT) was identified as one of three
projects who's immediate implementation will bring about significant capacity
increases at the Waste Water Treatment Plant (WWTP). The process involves the use
of ferric chloride, which will be stored in a 6,600 gallon tank. Spill protection
regulations require that the tank be located within a secondary containment pad.
This project will construct a 20-foot by 20-foot concrete pad with 30-inch tall concrete
walls that will safely contain any unplanned discharges from the tank.
Notice of the bid opportunity was published through the City's MRSC Roster on May
1, 2017.
Page 53 of 55
V. DISCUSSION:
On May 9, 2017, the City received one (1) bid for the project from Industri al
Constructors, Inc., in the amount of $66,897.60. While not complex, the project is a
relatively small concrete project, economically limiting potential bidders to those
within the in area. The Tri-cities is experiencing a modest construction boom, which
limits local interest in a job this small. Accordingly, one-bidder is not surprising.
The Engineer's Estimate was $53,400.
Staff has reviewed the bid submittal and found no exemptions or irregularities and,
therefore, recommends award of the contract to Industrial Constructors, Inc. of
Kennewick, Washington.
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