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HomeMy WebLinkAbout2017.05.22 Council Workshop PacketWorkshop Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. May 22, 2017 Page 1. CALL TO ORDER: 2. ROLL CALL: (a) Pledge of Allegiance 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: 3 - 26 (a) 2016 Fire Department Performance Measures Report 27 - 30 (b) Professional Services Agreement with Murraysmith for the Facility Plan for the Wastewater Treatment Plant 31 - 37 (c) Summer School Services Interagency Agreement 38 - 40 (d) Interlocal Procurement Agreement 41 - 54 (e) Metro Drug Task Force Interlocal Agreement 5. MISCELLANEOUS COUNCIL DISCUSSION: 6. EXECUTIVE SESSION: 7. ADJOURNMENT. REMINDERS: 1. 7:30 a.m., Wednesday, May 24, 7130 W. Grandridge Blvd – Visit Tri-Cities Board Meeting. (COUNCILMEMBER CHI FLORES, Rep.; COUNCILMEMBER TOM LARSEN, Alt) 2. 4:00 p.m., Wednesday, May 24, City View Cemetery – Traveling Vietnam Wall Welcome Address. (MAYOR MATT WATKINS) 3. 4:00 p.m., Thursday, May 25, Springhill Suites, Vista Hall Conference Room – TRIDEC Board Meeting. (COUNCILMEMBER CHI FLORES, Rep.; COUNCILMEMBER TOM LARSEN, Alt.) Page 1 of 54 Workshop Meeting May 22, 2017 4. 11:00 a.m., Friday, May 26, 4805 Pinehurst Drive – Pasco School District’s “Team Pasco Homes” Dedication Ceremony. (ALL COUNCILMEMBERS INVITED TO ATTEND) 5. 10:30 a.m., Monday, May 29, City View Cemetery – Traveling Vietnam Wall Address. (COUNCILMEMBER AL YENNEY) 6. 11:30 a.m., Wednesday, May 31, Three-Rivers Convention Center – Tri-City Regional Chamber’s State of the Cities Luncheon Meeting. (MAYOR MATT WATKINS) 7. 4:00 p.m., Thursday, June 1, 505 N. 4th Avenue – Flavorful Dish Restaurant’s Ribbon Cutting Event. (COUNCILMEMBER BOB HOFFMANN) 8. 5:30 p.m., Thursday, June 1, P&R Classroom – Parks & Recreation Advisory Board Meeting. (COUNCILMEMBER SAUL MARTINEZ, Rep.; CHI FLORES, 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. City Hall will be closed on Monday, May 29 in honor of Memorial Day. The next meeting of the Pasco City Council will be conducted on Monday, June 5, 7:00pm. Page 2 of 54 AGENDA REPORT FOR: City Council May 17, 2017 TO: Dave Zabell, City Manager Workshop Meeting: 5/22/17 FROM: Bob Gear, Fire Chief Fire Department SUBJECT: 2016 Fire Department Performance Measures Report I. REFERENCE(S): 2016 Fire Department Performance Measures Report II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On February 21, 2006, the Pasco City Council adopted performance standards and objectives for the Fire Department as outlined in the Performance Standards Resolution No. 2938 and, as required by RCW 35.103.010. The aforementioned resolution and statute require annual reporting by the Department to the City Council. V. DISCUSSION: Highlights of the 2016 Performance Report are as follows: Call Processing Time: Performance is 94 seconds from the receipt of call at the Franklin County Dispatch Center until units are dispatched to respond. Call process times have improved over the previous few years; however, they continue to exceed the NFPA standards of 60 seconds. Turnout Time: This past year saw continued improvement in the time it takes after the department is notified of an emergency until the responding units(s) are mobile. Fire calls saw a slight increase from 3:00 minutes to 3:10 and medic call times are within Page 3 of 54 the standard, fire turnout times fall short of the adopted 2:00 minute time standard. Travel Time: Fire related travel times decreased from 6:00 minutes to 5:54 as compared to the previous year. Medical travel times decreased by 2 seconds to 5:55 which is within the adopted standard time. For 2014 (the last data point), the total tim e from 911 call receipt to arrival of equipment for fires was 11:24 and it decreased in 2016 to 9:04, and for medical calls the times decreased slightly from 9:59 to 9:57 during the same time frame. The time to assemble our desired fire ground staffing of 11 people, increased significantly from 20:58 in 2014, to 22:31 in 2016. The department met the adopted goal of 12 minutes 50% of the time, down from 75% in 2014. This is attributed to increased call volume and over-lapping calls and to the reliance on mutual aid from neighboring agencies in order to meet staffing levels at emergencies. Mutual and Automatic Aid from our neighboring agencies, particularly from the cities of Richland and Kennewick, have increased significantly. The City's population and commercial/industrial enterprises have increased robustly over the past decade or more. This growth has steadily increased calls for service to the point where response times are no longer sustainable with the two engine companies and one ladder company we have serviced the City with since 1997. In response to these factors the City Council approved in the 2017 Annual Budget partial staffing of a fourth fire station in order to reduce medical response times in the Riverview area. Recruitment has been completed with staffing coming on board within the next 30 days to begin the training process. The station is expected to be operational by October of 2017. As authorized, the station house's an ambulance to reduce medical response times in the area, however this remains a partial solution, as additional staffing will be required to provide a fully staffed fire engine and a WSRB compliant station. As discussed recently during the presentation of the adoption of the Pasco Fire Department Master Plan, in the near future, staff will be bringing forward for Council consideration options to improve services to better meet the adopted standards and allow for quicker response times to the residences and businesses throughout the City. Page 4 of 54 City of Pasco Fire Department 2016 Fire Department Performance Measures Report Page 5 of 54 2016 Fire Department Performance Measures Table of Contents Contents Pasco Fire Department Mission Statement ............................................................................................................................ 1 Fire Department Organizational Overview ............................................................................................................................. 2 Pasco Fire Department Organizational Chart ......................................................................................................................... 3 Staffing Levels and Distribution .............................................................................................................................................. 4 2016 Response Statistics ......................................................................................................................................................... 5 Temporal Response Statistics – 2016 ..................................................................................................................................... 6 Call Processing ........................................................................................................................................................................ 7 Turnout Time........................................................................................................................................................................... 8 Fire Suppression Travel Time for 1st Arriving Engine ............................................................................................................. 9 Travel time for the deployment of a full first alarm assignment at a fire suppression incident. ......................................... 10 Emergency Medical Services Travel Time ............................................................................................................................. 11 Basic Life Support .................................................................................................................................................................. 11 Emergency Medical Services Travel Time ............................................................................................................................. 12 Advanced Life Support .......................................................................................................................................................... 12 Hazardous Materials Travel Time ......................................................................................................................................... 13 Technical Rescue Travel Time ............................................................................................................................................... 14 Aircraft Rescue and Firefighting Travel Time ........................................................................................................................ 15 Wildland Firefighting Travel Time ......................................................................................................................................... 16 2016 Results Analysis ............................................................................................................................................................ 17 Plan of Action ........................................................................................................................................................................ 18 Attachment A ........................................................................................................................................................................ 19 Attachment B ........................................................................................................................................................................ 20 Page 6 of 54 1 Pasco Fire Department Mission Statement “Honorably Protect and Serve our Community” Pasco Fire Department Vision Statement • Maintain a highly qualified workforce grounded in humility, integrity, and respect for all cultures • Promote progressive growth and expansion to meet the changing needs of the community • Conduct ourselves professionally in our community at all times • Promote a healthy and safe work environment • Be the leading resource for community safety, education, and information • Work collaboratively with labor and management to meet the community’s expectations • Integrate the department into the community activities and events Pasco Fire Department Values • Promote morale, pride and accountability from the top down • Maintain collaborative relationships with city departments and neighboring agencies • Honor tradition and provide training and education by highly experienced personnel • Remain progressive with innovation and technology through education and training • Engage in active sharing of your knowledge and experience • Earn respect daily Page 7 of 54 2 Fire Department Organizational Overview The Pasco Fire Department (PFD) was established by council action on July 16, 1908 after a series of fires destroyed portions of the town. The current service area incorporates approximately 37 square miles with an additional seven square miles in the urban growth boundary. The department is led by the fire chief who is an at will position that is appointed through a competitive process by the city manager. The Pasco Fire Department is an all-hazards career response force that provides Fire (urban structural, wildland and vehicle), Advanced Life Support Emergency Medical Services (EMS), Hazardous Materials, Technical Rescue (high and low angle rope, confined space, trench, swift-water, structural collapse and vehicle/machinery), and Aircraft Rescue and Fire Fighting services to the community. The department responds to an average of 5100 calls for service per year (2015-2016). It is important to note that most uniformed members of the department are cross qualified in other disciplines such as incident command, technical rescue, aircraft rescue and firefighting, hazardous materials, public education, fire investigation and hostile environment response. PFD has earned a Public Protection Class 5 from the Washington Surveying & Rating Bureau (WSRB) in 2016. The rating is the benchmark for many insurance companies in determining their insurance premiums for privately insured properties. The higher the rating, the greater likelihood of insurance premium increases. The WSRB rates four major categories: Fire Department (40% of total score), Water Supply (35% of total score), Fire Safety Control (16% of total score) and Emergency Communications (9% of total score). Each major category contains several subcategories. The total points issued in these areas is combined to provide a rating of a scale of 1 to 10, in which 10 is equal to being without fire protection and 1 representing the best fire protection available. The fire department staffs three fire stations on a 24 hr. /7 day per week basis. The city is divided into three primary station response areas. Each response area is further sub-divided into fire management zones. Page 8 of 54 3 Pasco Fire Department Organizational Chart The Pasco Fire Department operates under an established chain-of-command which has been determined by the City Council, who represent the public. Page 9 of 54 4 Staffing Levels and Distribution In 2016, The City of Pasco Fire Department employed 60.75 uniformed career staff (6 of which are funded by contract with the Port of Pasco to provide Aircraft Rescue and Firefighting services to the Tri- Cities Airport) and 2.25 civilians. The department’s operations branch supported 57 of those uniformed members divided into 3 equal shifts of 19 members. The operations branch was supported by 4 uniformed members and 2.25 civilian personnel. Maximum operational staffing was 19 and minimum operational staffing was 15 personnel. The staffing distribution is indicated in the table below: Station 81 310 N. Oregon Ave. 1 Command vehicle 1 Type 1 Engine 1 Type 2 ALS Ambulance 1 Type 6 Engine 1 Type 4 Rescue Boat 1 Battalion Chief 1 Captain & 1 Firefighter 1 EMT & 1 Paramedic Unstaffed Unstaffed Minimum Staffing 5 Maximum Staffing 7 Station 82 3502 Varney Lane 1 Type 1 Ladder 1 Type 2 ALS Ambulance 2 Type 1 ARFF 1 Type 2 Tender 1 Type 4 Light Rescue 1 Captain & 1 Firefighter 1 EMT & 1 Paramedic 1 Lieutenant & 1 Firefighter Unstaffed Unstaffed Minimum Staffing 6 Maximum Staffing 7 Station 83 3203 Rd. 68 1 Type 1 Engine 1 Type 2 ALS Ambulance 1 Type 6 Engine 1 Captain & 1 Firefighter 1 EMT & 1 Paramedic Unstaffed Minimum Staffing 4 Maximum Staffing 5 Station 84 1208 Rd. 48 Unstaffed The Administrative Staff which includes the Chief, Assistant Chief, Training Officer, EMS Officer and secretarial staff are located at 1011 E. Ainsworth Ave. at the Fire Department Headquarters building. Page 10 of 54 5 2016 Response Statistics The heat map above indicates the 2016 call volume concentration within the City of Pasco. The orange shading represents the areas with the highest density call volumes. The chart and tables above indicate the types and numbers of events that the Pasco Fire Department responded to in 2016. During 2016, 42.95% of all calls occurred while units were already engaged on another emergency. MAJOR INCIDENT TYPE # INCIDENTS % of TOTAL Fires 239 4.67% Overpressure rupture, explosion, overheat - no fire 4 0.08% Rescue & Emergency Medical Service 3960 77.39% Hazardous Condition (No Fire) 72 1.41% Service Call 237 4.63% Good Intent Call 295 5.77% False Alarm & False Call 304 5.94% Special Incident Type 6 0.12% TOTAL 5117 100.00% Page 11 of 54 6 Temporal Response Statistics – 2016 The charts below reflect the temporal call statistics experienced during 2016. Call volume by month tended to be higher during the summer months and during the holiday season, and hour of day tended to reflect the activity levels of the population. The call volume by weekday indicates very minimal change in activity from day to day. 0 200 400 600 Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec Call Volume by Month 0 200 400 600 800 1000 Sun Mon Tues Wed Thurs Fri Sat Call Volume by Weekday 0 50 100 150 200 250 300 350 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Call Volume by Hour Page 12 of 54 7 Call Processing Definition: Call processing is a measurement of the time from when the 911 call is answered at the Public Safety Answering Point (PSAP) until appropriate units are notified to respond. This performance standard is not a Washington State required performance measurement but is included here to more clearly define the total time involved in a response. The National Fire Protection Association (NFPA) standard for call processing is 60 seconds, 90% of the time. Actual Dispatch Center Performance for 2016 The Franklin County Communications Center met the 60 second performance 68.7% of the time. 90% of the dispatches were processed in 1:34 seconds or less. Page 13 of 54 8 Turnout Time Definition: The time after dispatch of the incident to don safety equipment and start the vehicles response to the incident (wheels rolling). Turnout Time Standard: The Pasco Fire Department has adopted a turn out time standard of 2 minutes, which the department should meet 90 % of the time. All firefighting safety equipment must be donned before the vehicle can leave the station for a fire response. Actual Department Performance for 2016 All calls including outgoing mutual aid The Pasco Fire Department met the Turnout Performance Objective 87.4% of the time. 90% of the fire department incidents experienced a turn out time of 2:08 minutes or less on 10,438 apparatus responses for calls within the city. Page 14 of 54 9 Fire Suppression Travel Time for 1st Arriving Engine Definition: Travel time for the arrival of the first arriving engine company at a fire suppression incident. Response time starts after turnout when wheels are rolling and ends upon arrival at the incident. Response Time Standard: The Pasco Fire Department has adopted a response/travel time standard of 6 minutes for the arrival of the first engine company to a fire suppression incident, which the department should meet 90 % of the time. Actual Department Performance for 2016 The Pasco Fire Department met the Response/Travel Time Performance Objective 91.6% of the time. 90% of the fire department incidents experienced a 1st unit response time of 5:54 minutes or less. NFIRS Codes 100 through199, aid types, N, 1, 2. Page 15 of 54 10 Travel time for the deployment of a full first alarm assignment at a fire suppression incident. Definition: The total number of personnel and equipment the fire department has recognized as the minimum needed to combat a fire in a single family residence. Travel Time Standard for Full 1st Alarm Response: The Pasco Fire Department has adopted a response/travel time standard of 12 minutes for the arrival of the full complement of a 1st alarm assignment to a fire suppression incident, which the department should meet 90% of the time. Further, the Pasco Fire Department has adopted a 1st alarm response of 11 firefighters and or 2 engine companies (if applicable), 2 aid units, 1 ladder truck and 1 Command Officer (if applicable). Actual Department Performance for 2016 The Pasco Fire Department met the standard of 11 or more personnel arriving on scene in 12 minutes or less 66.7% for residential structure fires when 11 or more personnel were initially dispatched. The 90th percentile for 11 or personnel more arriving was 16:17. Page 16 of 54 11 Emergency Medical Services Travel Time Basic Life Support Definition: Travel time for the arrival of the first arriving unit with a first responder or higher level capability at an emergency medical incident. Response Time Standard: The Pasco Fire Department had adopted a response/travel time standard time of 6 minutes/seconds for the arrival of the first emergency medical unit with appropriately trained personnel on board to an emergency medical incident, which the department should meet 90% of the time. Actual Department Performance for 2016 The Pasco Fire department met the Emergency Medical Services, Basic Life Support Performance Objective 90.8% of the time. 90% of the fire department incident experienced an Emergency Medical Services response time of 5:55 minutes or less. NFIRS Incident Type codes 311, 321 through 324 Mutual Aid types 1,2 N Page 17 of 54 12 Emergency Medical Services Travel Time Advanced Life Support Definition: Travel time for the arrival of an advanced life support unit to an emergency medical incident, where this service is provided by the fire department. Response Time Standard: The Pasco Fire Department has adopted a response/travel time standard of 6 minutes for the arrival of an advanced life support (ALS) unit with appropriately trained personnel (paramedics) on board to an ALS emergency medical incident, which the department should meet 90% of the time. Actual Department Performance for 2016 The Pasco Fire Department met the Emergency Medical Services Performance, Advanced Life Support Objective 90.8% of the time. 90% of the fire department incidents experienced an Emergency Medical Services response time of 5:53 minutes or less. NFIRS Incident Type codes 311, 321 through 324 Mutual Aid types 1, 2, N Page 18 of 54 13 Hazardous Materials Travel Time Definition: Travel time for the arrival of the first arriving apparatus with appropriately trained and equipped Hazardous Materials Level “A” Technicians on board at a hazardous materials incident, where this service is provided by the fire department. Response Time Standard: The Pasco Fire Department has adopted a response/travel time standard of 6 minutes for the arrival of the first unit with appropriately trained Hazardous Materials Technicians on board to a hazardous materials incident, which the department should meet 90 % of the time. Actual Department Performance for 2016 The Pasco Fire Department met the Hazardous Material Response time Performance Objective 88.9% of the time. 90% of the fire department incidents experienced a Hazardous Materials response time of 6:27 minutes or less. NFIRS Incident Type codes 410 through 413, 420 through 424 and 430 through 431. Mutual Aid types 1, 2, N Page 19 of 54 14 Technical Rescue Travel Time Definition: Travel time for the arrival of the first arriving apparatus with appropriately trained and equipped Technical Rescue Technicians on board at the technical rescue incident, where this service is provided by the fire department. Response Time Standard: The Pasco Fire Department has adopted a response/travel time standard of 6 minutes for the arrival of the first unit with appropriately trained and equipped Personnel on board to a technical rescue incident, which the department should meet 90% of the time. Actual Department Performance for 2016 The Pasco Fire Department met the Response/Travel Time Performance Objective 62.5% of the time. 90% of the fire department incidents experienced a 1st unit response time of 19:18 minutes or less. NFIRS Incident Type codes 351, 354, 355, 356 and 360 through 365. Mutual Aid types 1, 2, N Page 20 of 54 15 Aircraft Rescue and Firefighting Travel Time Definition: Travel time for the arrival of the first arriving apparatus with appropriately trained and equipped Aircraft Rescue and Firefighting personnel on board at an aircraft incident, where this service is provided by the fire department. Response Time Standard: The Pasco Fire Department has adopted a response/travel time standard of 3 minutes for the arrival of the first unit with appropriately trained and equipped Aircraft Rescue and Firefighting personnel on board to an aircraft incident, which the department should meet 100% of the time. This standard is adopted to meet Federal Aviation Administration requirements, 14 CFR Parts 121 and 139. Actual Department Performance for 2016 The Pasco Fire Department met the Aircraft Rescue and Firefighting performance Objective 75% of the time. 90% of the fire department incidents experienced an Aircraft Rescue and Firefighting response time of 3:33 minutes or less. NFIRS Incident Type code 462 Page 21 of 54 16 Wildland Firefighting Travel Time Definition: Travel time for the arrival of the first arriving apparatus with appropriately trained and equipped Wild land Firefighting personnel on board at a wild fire incident, where this service is provided by the fire department. Response Time Standard: The Pasco Fire Department has adopted a response/ travel time standard of 6 minutes for the arrival of the first unit with appropriately trained and equipped Wildland Firefighting personnel on board to a wildland fire incident, which the department should meet 90% of the time. Actual Department Performance for 2016 The Pasco Fire Department met the Wildland Firefighting Performance objective, 94.4% of the time. 90% of the fire department incidents experienced a Wildland Firefighting response time of 5:41 minutes or less. NFIRS Incident Type codes 140, 141, 142 and 143 Mutual Aid types 1, 2, N Page 22 of 54 17 2016 Results Analysis The City Council set the level of response times and level of service for the demographics of the City of Pasco. Total response times are a combination of three separate events (call processing, turnout time, and travel time). The fire department has direct control over only one of these factors ........turnout time. The Pasco Fire Department contracts dispatching services with the Franklin County Sheriff's office and as such does not have direct control over improvements to the call processing time. Travel times are affected by emergency vehicle speed, traffic congestion and response routing. New construction has contributed to an increase in population (over 5% per year for the last three years) and has contributed to greater traffic congestion, especially on the Road 68 and 20th Ave. corridors. While traffic control improvements have been made on the Rd. 68 corridor, the increased traffic volume has kept response times substandard in the areas north of highway 182. Traffic improvements are planned for the 20th Avenue corridor (a main response route for stations 81 & 82) during FY-2017. It is expected that these improvements will negate the continuing volume growth of traffic for the next 5 - 10 years. Temporal statistical analysis indicates that the department tends to be busier at those times when the population is more active, during the warmer months, weekends and daylight hours. Call volumes drop significantly during the early morning hours and colder months. Travel time standards for those event types that did not require the activation of specialized resources, personnel or equipment (technical rescue, aircraft rescue and firefighting, and hazardous materials) are within the Council mandated time frames. Travel times for technical events are often skewed due to the nature of the incident. Factors that affect technical response times include the location of the incident (often outside of the normal response areas or zones) and the need for specialized resources. The travel time for the arrival of the full first alarm assignment is entirely dependent upon the availability of auto/mutual aid units. The Incidents Heat Map (pg. 5) and the 2016 Fire Travel Times Map (Attachment A) indicate that the call volume concentration continues to grow to the north and west, and that those areas are not meeting the travel time standards. This can be attributed to increased population densities resulting in increased traffic congestion, especially during peak activity hours, and travel distances from the currently located station. As the population increases in the northwest sections of the City, we can expect a greater increase in travel times resulting in a declination of service provision. Page 23 of 54 18 Plan of Action To meet the response time objectives for items above, the Pasco Fire Department will continue to evaluate its response data to determine if relocating resources, improving personnel reliability or other organizational changes may improve our ability to accomplish our response time standards. The Pasco Fire Department will continue to engage the public so they fully understand the level of service available based on the resources provided. The data indicates that the fire department is unable to meet the response standards as mandated by the City Council in the northwest sections for the City. Growth in this area has out-paced the ability to provide timely services. The department will continue to monitor the growth in this area, and develop plans to mitigate the response times. These plans should include the provision for the development of a fourth fully-staffed station in the area. Page 24 of 54 19 Attachment A Page 25 of 54 20 Attachment B Page 26 of 54 AGENDA REPORT FOR: City Council May 18, 2017 TO: Dave Zabell, City Manager Rick Terway, Interim Public Works Director Workshop Meeting: 5/22/17 FROM: Dan Ford, City Engineer Public Works SUBJECT: Professional Services Agreement with Murraysmith for the Facility Plan for the Wastewater Treatment Plant I. REFERENCE(S): Vicinity Map Professional Services Agreement Summary II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Sewer Utility Fund - $399,860.00 IV. HISTORY AND FACTS BRIEF: The current Comprehensive Sewer Plan (Comp Plan) was completed in late 2013, reviewed and approved by the Washington State Department of Ecology (DOE) in early 2014 and adopted by the City Council in May of 2014. The Comp P lan identified several long-term capital improvement projects at the Wastewater Treatment Plant (WWTP) that will allow the City to continue to meet the needs of our expanding population. In the ensuing years since the adoption of the Comp Plan, Pasco has also experienced success in attracting significant industrial growth and the strong interest in our community as a place for industries to locate continues. To stay ahead of capacity and regulatory issues, it is important that the City plans, as early as possible, to address significant changes to the WWTP through the creation and adoption of a Facilities Plan. Staying ahead of the curve is also part of the City's strategy to remain competitive on significant economic development projects appropriate for the community. Page 27 of 54 With the help of a consulting firm, Murray, Smith and Associates, Inc., (now Murrysmith), the City completed the first phase of an engineering effort to identify operational and/or capital improvements that could be implemented immediately to improve the overall capacity of the WWTP. The second phase of the Murraysmith's consulting effort will require specialized analyses, planning, and engineering services to determine which long-term capital improvement projects will provide the most appropriate and cost effective solutions at the WWTP. V. DISCUSSION: The primary purpose of Murraysmith's scope of services is to assist the City of Pasco in developing a Facilities Plan and Engineering Report for the existing wastewater treatment plant (WWTP). By developing a Facilities Plan, eligibility for funding assistance through Ecology’s water quality program phase will be expedited. In order to create the Facilities Plan to document the processes in use at WWTP, Murraysmith will: • Perform general existing and age condition assessments of the components of the WWTP; • Determine future WWTP treatment requirements based on population growth projections; • Analyze the liquid and solids processes at the WWTP; • Develop appropriate and cost effective solutions; and • Create a capital improvement plan for the required improvements. Murraysmith will also provide design services for the remaining four immediate needs projects. Craig Anderson, P.E., a Principal Engineer with Murraysmith, will share the major components required to create a Facility Plan as part of the presentation to Council. The fee for the work proposed is the Not To Exceed Sum of $399,860. Staff recommends approval of the proposed Professional Services Agreement with Murraysmith. Page 28 of 54 P a g e 2 9 o f 5 4 Professional Services Agreement (Summary Sheet) Project: Professional Services Agreement for the Facility Plan for the Waste Water Treatment Plant (WWTP) Project Consultant: Murrysmith Address: 345 Bobwhite Court, Suite 230, Boise, Idaho 83706 Scope of Services: Perform general existing and age condition assessments of the components of the WWTP; determine future WWTP treatment requirements based on population growth projections; analyze the liquid and solids processes at the WWTP and develop appropriate and cost effective solutions; create a capital improvement plan for the required improvements; and author a Facility Plan to document the processes in use at WWTP; obtain approval of the Plan from the Department of Ecology. This consultant will also provide design services for the remaining four immediate needs projects. Term: Completion Date: December31, 2018 Payments to Consultant: ☐ Hourly Rate: $ ☐ Fixed Sum of: ☒ Other: Hourly (Multiple Rate) plus actual expenses incurred, but not to exceed a total amount of $399,860.00 Insurance to be Provided: 1. Commercial General Liability: ☐ $1,000,000 each occurrence; ☐ $2,000,000 general aggregate; or ☒ $1,000,000 each occurrence; and $2,000,000 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 30 of 54 AGENDA REPORT FOR: City Council May 4, 2017 TO: Dave Zabell, City Manager Workshop Meeting: 5/22/17 FROM: Bob Metzger, Police Chief Police Department SUBJECT: Summer School Services Interagency Agreement I. REFERENCE(S): Proposed Interagency Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Pasco School District Funds - $12,865.56 IV. HISTORY AND FACTS BRIEF: School Resource Officers (SRO) are full-time uniformed police officers primarily dedicated to providing law enforcement resource services to assigned schools and surrounding neighborhoods. The Pasco School District has requested an extension of the SRO services for the 2017 Summer School at Chiawana and Pasco High School. Normally, SRO services are not provided during summer months; however, as a proactive measure, the School District has requested SRO services for up to eight hours each day of summer school. There are 14 summer school days from June 19 to July 7. SROs are assigned to work normal patrol duties when school is not in session. V. DISCUSSION: The proposed Interagency Agreement is effective June 19 through July 7, 2017 and provides two School Resource Officers for the 2017 Summer School. The School District will reimburse the City for the salary and fringe benefits costs for two officers during 14 days of summer school. Council’s approval of the Agreement is all that is required for the Police Department to proceed. Page 31 of 54 Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 1 of 6 INTERAGENCY AGREEMENT Between Pasco School District No. 1 And City of Pasco, Washington This agreement, pursuant to Chapter 39.34 RCW is made and entered into by and between the Pasco School District No. 1, hereafter referred to as the “District” and the City of Pasco, a municipal corporation of the State of Washington, hereafter referred to as the “City.” No special budget or funds are anticipated, nor shall be created. It is not intended that a separate legal entity be established to conduct this cooperative undertaking, nor is the acquiring, holding, or disposing of real or personal property other than as specifically provided within the terms of this Agreement, anticipated. The Chief of Police of the City of Pasco, Washington, shall be designated as the Administrator of this Interlocal Agreement. This Agreement shall be filed with the Franklin County Auditor, or alternatively listed by subject on either parties’ website or other electronically retrievable public source. It is the purpose of this agreement to: 1. Enhance the safety and security of students, teachers, staff, and visitors and provide patrol of the various campuses of the District located within the City of Pasco, Washington. 2. Provide for the presence of armed and uniformed City Police Officers both inside and outside the school buildings on selected campuses of the District during certain school hours in support of such safety and security and the maintenance of a secure and peaceful learning atmosphere. 3. Provide for prevention, intervention, and prompt effective enforcement by the City’s Police Department in situations involving, but not limited to: a. Maintenance of order b. Use, possession, or sale of illegal drugs and alcohol on school premises c. Crimes against persons d. Crimes against property e. Any other situations or activities which require the intervention of law enforcement officers; and 4. Provide for participation by police officers in the educational activities and role modeling to foster and enhance knowledge of and respect for law enforcement and law enforcement officers by students and the community. 5. Provide positive and supportive interface between law enforcement representatives and the District’s substance abuse and harassment prevention efforts including, but not Page 32 of 54 Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 2 of 6 limited to Natural Helpers, Student Assistance Teams, Anti-Harassment and Bullying Project and other intervention and prevention efforts by the District. It is therefore mutually agreed that: 1. Statement of Work. The City shall furnish the necessary personnel and services and otherwise do all things necessary for and incidental to the performance of the work stated herein. The City shall: a. Assign two full-time uniformed police officers for eight consecutive hours each day from 07:30 AM to 3:30 PM to provide School Resource Officer services at specific schools June 19 – July 7, 2017 (except July 4, 2017) in accordance with the following schedule: i. Chiawana High School: June 19 – July 7, 2017 Monday – Friday ii. Pasco High School: June 19 – July 7, 2017 Monday – Friday One SRO will be assigned to Chiawana High School beginning June 19. The second SRO will be assigned to Pasco High School beginning June 19. Both officers are responsible for responding to incidents at the other schools as needed during the overlap period. Each SRO shall make certain that the Administration at their assigned school is notified when they are required to respond to another school. Generally, the quickest way to get an SRO to respond to an alternate school will be to call the Franklin County Emergency Dispatch Center and request an SRO be sent to the incident at a specific school. Except in incidents where a particular SRO may have prior knowledge or involvement in a specific case or other extenuating factors, the on-duty police supervisor will designate which SRO responds. Office space shall be provided as available at each school for the use of the School Resource Officer. Such office shall be equipped with one office desk and chair, and one locking cabinet. The City shall provide a lockable cabinet capable of securing police department equipment when not in use by the officer. b. Cooperate with the District to provide training and education to each assigned officer to insure effective communication and interrelation with the school community and its students; c. Cooperate with the District to monitor and evaluate the effectiveness of the assigned officers and the program; d. Meet as needed during the academic year with the District’s representative (as designated by the District) to evaluate the effectiveness of the program; e. Cooperate with the District’s representative to investigate and report on any complaints regarding the conduct of an assigned officer, share fully, as permitted by law, with the District’s representative all results of such investigations for the purpose of responding to each complaint and cooperate to resolve each complaint. Provided, Page 33 of 54 Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 3 of 6 that it shall be the responsibility of the District to respond to any complaint the District received from a student, parent or patron of the District and communicate the results of any investigation to such person or persons. 2. Terms and Conditions. All rights and obligations of the parties to this agreement shall be subject to and governed by the terms and conditions contained in the text of this agreement. 3. Period of Performance. Subject to its other provisions, the period of performance of this agreement shall commence on June 19, 2017 and be completed on July 7, 2017 with July 4th scheduled off, unless terminated sooner as provided herein. The principal shall be responsible for notifying the Chief of the City’s Police Department of the school calendar, schedule of events and activities, and any changes in the same. The principal shall determine the specific hours when an officer shall be present within the limits set forth in Section 1.a. of the Agreement. 4. Payment. The District shall reimburse the City for its expenses in employing two officers for 224 hours as follows: a. For June 19, 2017 through July 7, 2017, an estimated total of twelve thousand eight hundred and sixty-seven dollars ($12,867). b. Actual amount will be determined by the parties based upon any negotiated wage increase between the City and the police officer’s collective bargaining unit. The current wage rate with benefits is $57.44 per hour. 5. Billing Procedure. The City shall submit a monthly invoice or billing statement to the District. Payment shall be made to the City according to the regular procedures of the District. 6. Funding. If for any reason the District exhausts its budgeted funds for payment to the City for its services described herein or funds from any expected funding source become unavailable, the District shall notify the City and the obligations of the City shall immediately cease and this agreement terminate, unless the district otherwise assumes the obligations for the payment of services rendered by the Police Department. 7. Non-discrimination. In the performance of this agreement, the District and the City shall comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC 200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 7904) and Chapter 49.60 RCW, as now and hereafter amended. Both shall not, except as they may be specifically allowed by laws to do so, discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam-Era and Disabled Veterans status, or the presence of any sensor, mental, or physical handicap. Page 34 of 54 Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 4 of 6 In the event of non-compliance by either party or refusal to comply with the above provisions this agreement may be rescinded, canceled, or terminated in whole or in part. The non-complying party shall, however, be given a reasonable time in which to cure this non-compliance. Any dispute may be resolved in accordance with the “Disput es” procedure set forth herein. 8. Records Maintenance. The City shall maintain books, records, documents and other evidence that sufficiently and effectively reflect all direct and indirect cost expended in the performance of the services described herein. These records shall be subject to inspection, review or audit by the personnel of both parties, other personnel authorized by either party, the Office of the State Auditor and federal officers, if any, so authorized by law. The City and District shall retain all books, records, documents, and other materials relevant to this agreement for five (5) years after expiration. The office of the State Auditor, federal auditors, and any persons authorized by the parties shall have full access and the right to examine any of these materials during this five-year period. 9. Responsibilities and Authority of School Administrator. The principal or other administrator designated by the District is responsible for the supervision and daily operations of the school shall, subject to the lawful exercise of the officer’s law enforcement responsibilities, schedule, assign and direct the officer’s duties under this agreement. The principal is responsible for the investigation of non-criminal incidents that occur at or are related to the school. If the principal finds that he or she or any individual is in physical danger, the principal may request the law enforcement officer to assist him or her. In the case of a search of student property for the violation of District rules or other administrative reasons, the school principal or designated administrator or District employee will conduct the search. Once the principal has reason to believe that a crime has been or may be committed, the principal or other designated administrator shall request the law enforcement officer to assume responsibility. The building administrator shall have the responsibility to contact and report to parents and patrons regarding activities and findings of the law enforcement officer, where appropriate. 10. Indemnification. Each party shall defend, protect and hold harmless the other party from and against all claims, suits and/or actions arising from any negligent or intentional act or omission of that party’s employees or agents while performing under this agreement. 11. Agreement Alterations and Amendments. The District and the City may mutually amend this agreement. Such amendments shall not be binding unless they are in writing and signed by the personnel authorized to bind the District and the City. Page 35 of 54 Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 5 of 6 12. Termination. Except as otherwise provided in this agreement, either party may terminate this agreement by providing sixty (60) days advance written notification to the other party of their intent to terminate the agreement. If this agreement is so terminated, the terminating party shall be liable only for performance, in accordance with the terms of this agreement for performance rendered prior to the effective date of termination. 13. Savings. Should any portion of this agreement be declared illegal, the balance of the agreement shall remain in full force and effect to carry out the purposes of this agreement. 14. Disputes. In the event that a dispute arises under this agreement, it shall be resolved in the following manner: The Director of Educational Services of the District shall appoint a member to the Dispute Board. The Pasco Chief of Police shall appoint a member to the Dispute Board. The Director of Educational Services and the Pasco Chief of Police shall jointly appoint a third member to the Dispute Bo ard. That person shall act as chairperson, convene the Dispute Board and cause a determination of the dispute, arrived at by a majority of the Board, to be rendered in a timely manner. The determination of the Dispute Board shall be final and binding on the District and the City. 15. Notices. Any notices required herein or related hereto shall be delivered in writing to the District at: Pasco School District No.1 Attn.: Executive Director, Operations 1215 West Lewis Street Pasco, WA 99301 And to the City at: Pasco Police Department Attn: Chief of Police 525 North 3rd Avenue Pasco, WA 99301 16. All Writings Contained Herein. This agreement contains all the terms and conditions agreed to by the parties. No understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties to this agreement. Page 36 of 54 Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 6 of 6 In Witness whereof, the parties have executed this agreement effective this day of 2017. City of Pasco: Pasco School District No. 1: Matt Watkins, Mayor Michelle Whitney, Superintendent Attest: Sandy Kenworthy, Interim City Clerk Sarah Thornton, School District Counsel Approved as to Form: Leland Kerr, City Attorney Page 37 of 54 AGENDA REPORT FOR: City Council May 19, 2017 TO: Dave Zabell, City Manager Workshop Meeting: 5/22/17 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Interlocal Procurement Agreement I. REFERENCE(S): Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: Under RCW Chapter 39.34, local government agencies may make purchases using another agency's purchasing contract. This cooperation among agencies saves time and maximizes savings through better pricing and terms. V. DISCUSSION: In February, Council approved $116,649 for the purchase of equipment to upgrade the City's government TV channel broadcast signal to HD. The price was obtained from a lowest-cost vendor identified through a bidding process undertaken by the City of Seattle which staff accessed through a Cooperative Purchasing Agreement. At the time, staff overlooked the need to have Council approve the interlocal agreement with the City of Seattle. The attached resolution approves and ratifies the City Manager's execution of the agreement. Staff recommends approval of the resolution in order to correct the oversight and to continue to allow the City to access best pricing on items which may be procured most efficiently and economically through the interlocal process. Page 38 of 54 RESOULTION NO.__________ A RESOLUTION of the City of Pasco, Washington, authorizing the City Manager to execute an Interlocal Procurement Agreement with the City of Seattle, Washington. WHEREAS, the City of Pasco, Washington, and the City of Seattle, Washington, each possess the power to procure goods and services; and WHEREAS, the City of Pasco and the City of Seattle desire to enter into an Interlocal Procurement Agreement to make the most efficient use of their powers; and WHEREAS, the City Council of the City of Pasco has after due consideration, determined that it is in the best interest of the City of Pasco to enter into an Interlocal Procurement Agreement with the City of Seattle; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Pasco approves the terms and conditions of the Interlocal Procurement Agreement between the City of Pasco and the City of Seattle, Washington, as attached hereto and incorporated herein as Exhibit A. Section 2. The action of the City Manager to enter into an interlocal Procurement Agreement with the City of Seattle is hereby authorized and ratified. 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: ___________________________________ ___________________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 39 of 54 COOPERAT IVE PU RCHASI NG AGREEM E NT In accordance with RCW Chapter 39.34 and to all other applicable laws, The City of Seattle and the City of Pasco, hereby agree to cooperative governmental purcha sing agreement for various supplies, materials, equi pment and ro utine , expert and/or consultant services, using competitively awarded contracts . The following terms and cond itions shall apply: 1. Each agency, in contracting for the pu rchase of supplies, materials, equ ip ment and services, agrees at its d iscret ion, to extend co nt ra cts for s hared use to the extent permitted by law and agreed upon by th ose part ies and vendors. 2 . Each agency is responsible for compliance with any additiona l or varyi ng laws and regulations regarding purchases . 3. Any purchases shall be effected by a purchase order from the purchasing agency and directed to the vend or(s). 4. The originating contracting agency does not accept res pon sib ility or liabi lity for the performance of any vendor used by t he purchasing agency as a result of this agreement. 5. Each agency shall be responsible for the payment of any item(s) purchased through a contract or purchase order that resulted from this A greement. 6 . This Agreement shall remain in force until cancelled in writing by either party. Accepted for the City of Pasco: Accepted for the City of Seattle : Name: Dave Zabell T itle: City Manager Title: Purchasing & Contracting Director Date: 8/11/16 D ate: ~ !l= /;~ Page 40 of 54 AGENDA REPORT FOR: City Council May 16, 2017 TO: Dave Zabell, City Manager Workshop Meeting: 5/22/17 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Metro Drug Task Force Interlocal Agreement I. REFERENCE(S): Proposed Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The cities of Kennewick, Richland, Pasco and West Richland, along with Benton and Franklin counties, have operated the Metro Drug Task Force through an Interlocal Agreement (ILA) for nearly 30 years. The proposed ILA continues this enduring partnership by updating language in context of current operations and modifies the formula used to determine the status of equipment acquired for Metro in the event the agreement is subsequently terminated (Section 7). The City of Kennewick will remain as the administrative agency for Metro. V. DISCUSSION: METRO continues to play an integral role in combating controlled substances trafficking within the Tri-Cities community, accordingly staff recommends approval of the updated ILA as presented. Page 41 of 54 METRO INTERLOCAL AGREEMENT Page 1 of 13 Please return recorded document to: Kennewick City Clerk P. O. Box 6108 Kennewick, WA 99336 METRO INTERLOCAL AGREEMENT LOCAL NARCOTICS CONTROL PROGRAM AND METROPOLITAN CONTROLLED SUBSTANCE ENFORCEMENT GROUP INTER-LOCAL AGREEMENT This Interlocal Agreement is made and entered into pursuant to the provisions of Chapter 39.34 RCW, by and among the following parties: City of Pasco City of Kennewick City of Richland City of West Richland Benton County Franklin County RECITALS 1. Prior to 1987, the Cities of Kennewick, Pasco, Richland, and West Richland, and the Counties of Benton and Franklin, through their law enforcement agencies, maintained a working agreement for the purpose of combating controlled substances trafficking within the Tri-Cities community. This quasi-organized effort was known as the Metropolitan Enforcement Group (“Metro”). 2. The original parties entered into an Interlocal Agreement in 1987 which provided a more formal organization in order to centralize supervision and to qualify for federal funds dispensed by Washington State’s Department of Community Trade and Economic Development (“CTED”). In November of 1990, the Cities of Connell and Prosser desired to also participate in the group, and the original parties desired to include them. In October of 1991 and January of 1994, respectively, the cities of Prosser and Connell decided to no longer participate. In December of 2004 the City of West Richland also decided to no longer participate. 3. The financial officer of Kennewick initially administered a Metro Drug Forfeiture Fund consisting of the proceeds of forfeitures, federal grants and court ordered contributions. In Page 42 of 54 METRO INTERLOCAL AGREEMENT Page 2 of 13 January 1990, the City of Pasco took over administration of the Metro Drug Forfeiture Fund. In January of 2009 the City of Kennewick took over all administrative functions except for financial administration. Effective July 1, 2009, the City of Kennewick took over the financial administrative function and control of the Metro Drug Forfeiture Fund. 4. On December 30, 2009, the Cities of Kennewick, Richland and Pasco and the Counties of Benton and Franklin entered into a revised Metro Interlocal Agreement reflecting this transfer of administrative duties to the City of Kennewick. 5. In January 2010 the City of West Richland notified the member agencies of Metro of its desire to rejoin Metro. 6. Also in January 2010 an Agreement was signed between the United States Department of Justice, Drug Enforcement Administration/Yakima Resident Office (hereinafter referred to as “DEA), and Metro. DEA agreed to assign two (2) Special Agents from the Tri-Cities POD to assist/ support and work in conjunction with Metro. DEA would also, subject to any availability of annually appropriated funds or any continuing resolution there, provide necessary funds and equipment to support activities of the Special Agents. This support will include: Payment for office space, investigative equipment, training and other support items. 7. In 2013 the Cities of Kennewick, Pasco, Richland, and West Richland, and the Counties of Benton and Franklin, through their law enforcement agencies, signed a Provisional State and Local Task Force Agreement. This agreement provided that the Metro detectives would be federally deputized as DEA Task Force Officers (“TFO’s”) pursuant to 21 U.S.C. Section 878. These TFO positions would be “unfunded” positions. 8. The federal government has appropriated monies to the State of Washington to fund a coordinated state-wide narcotics control program. These funds were administered by DCD until the spring of 1993, at which time DCD became the State of Washington Department of Community, Trade, and Economic Development (“CTED”). The Department of Commerce or a successor state agency will continue to administer these funds. 9. Based upon established criteria, the parties are eligible to apply for a grant to assist them in their efforts to combat controlled substances trafficking. Department of Commerce desires to enter into a contract with one participating jurisdiction, to be named in the grant application as the applicant jurisdiction, and which shall have the duty of administering the grant on behalf of the participating jurisdictions. 10. The parties desire to enter into an Agreement to enable the applicant jurisdiction to receive the grant, to administer the grant, and to be responsible for compliance with its terms on behalf of the participating jurisdictions. Page 43 of 54 METRO INTERLOCAL AGREEMENT Page 3 of 13 11. The City of Kennewick has consented to act as the applicant jurisdiction with regard to future applications to Department of Commerce and any funds supplied by a Department of Commerce grant. 12. Chapter 39.34 RCW provides that local jurisdictions may enter into cooperative agreements in order to best serve the needs of their local communities. Now, therefore, the parties hereto, through their governing bodies, do hereby agree as follows: SECTION 1 – DEFINITIONS a. “Application” means an application submitted to Department of Commerce for a controlled substance law task force grant. b. “Agency” and “Agencies” shall mean the member agencies of Metro, that being the Police Departments of the Cities of Kennewick, Pasco, Richland, West Richland, and the Sheriff’s Departments of Benton and Franklin Counties. c. “Department of Commerce” means the Washington State Department of Commerce. d. “DEA” means Drug Enforcement Administration from within the United States Department of Justice. e. “Executive Board” means the oversight committee consisting of one City Manager from each of the cities of Pasco, Kennewick, Richland and the Mayor of West Richland, or the designee from among the members of each City Council and one County Commissioner from each of the Counties of Benton and Franklin, or their designee from among non- judicial elected officials of their County or a county administrator working for the County Commissioners. The Chairperson of the Governing Board or his/her designee from among its members and the Support Service Executive Director of the City of Kennewick shall be non-voting members of the Executive Board. The Executive Board shall be the Chief administrative officer for the purpose of budget transfers within each fund. f. “Governing Board” shall mean the law enforcement policy body for Metro and will consist of the Chiefs of Police of Kennewick, Pasco, Richland, West Richland and the Sheriffs and Prosecuting Attorneys of Benton and Franklin Counties. It shall recommend the budget for the grants funds and their disbursement and be responsible for preparing applications for any additional grants or renewal of the CTED grant. The Support Services Executive Director of the City of Kennewick shall be a non-voting member of the Governing Board for the purposes of advisement on financial and fund administrative matters. Prosecuting Attorneys shall refrain from voting on purely investigative issues. The Kennewick Police Chief shall serve as chairperson. g. “Jurisdictions” mean the cities of Kennewick, Pasco, Richland, West Richland, the counties of Benton and Franklin. Page 44 of 54 METRO INTERLOCAL AGREEMENT Page 4 of 13 h. “Local Narcotics Control Program Fund” (LNCPF”) means the fund to be administered by the City of Kennewick for purposes of grant administration and the receipt and disbursement of grant funds. i. “Metro” means the Metropolitan Controlled Substance Enforcement Group which is a multi-jurisdictional investigative group consisting of the law enforcement officers and the support personnel of the ember jurisdictions. j. “Metro Drug Forfeiture Fund” means the existing Metro fund of that name, which was transferred to and administered by the City of Kennewick effective July 1, 2009. This fund may receive the proceeds of forfeiture, federal grants, and the court ordered or other contributions for the purpose of enforcement of the controlled substance laws of the State of Washington. k. “Metro Operations” means any controlled substance law enforcement activity in which an officer assigned to Metro takes an active part, either as part of a surveillance team, raid team, or an arresting officer. Metro operations may also include controlled substance law enforcement activity in which Metro’s sole participation was to supply intelligence information to the arresting agency. The Governing Board, in accordance with the provisions of Section 8.h, shall determine whether the providing of information in any given case has been substantial enough to constitute making that activity a Metro operation. l. “Paid Vouchers” means all purchase orders, invoices, payroll, records, etc., to back up expenditures by participating jurisdictions. SECTION 2 – PURPOSE The purpose of this Agreement is to establish an organized effort to combat violations of controlled substance laws within the contracting jurisdictions and to take advantage of Department of Commerce and any other available grants. SECTION 3 – GENERAL DUTIES OF THE PARTIES The parties have or shall: a. Authorize their respective representative to execute any and all necessary documents to obtain grant funds available pursuant to State and Federal Law for the purpose of establishing a regional, multi-jurisdictional Task Force; b. Authorize their officials and employees to participate in the activities of Metro according to this Agreement, the work plan established in the application, and as determined by the appropriate administrative body; Page 45 of 54 METRO INTERLOCAL AGREEMENT Page 5 of 13 c. Authorize their law enforcement officials to enter into operating agreements, such as the one in existence pursuant to 10.93 RCW to enable these agencies to participate in Metro. SECTION 4 – DURATION/WITHDRAWAL/TERMINATION a. This Agreement shall commence immediately upon its execution by all of the parties and filing with the auditors for Benton and Franklin counties and shall continue until terminated by the jurisdictions. To comply with the requirements of the Department of Justice, the Governing Board will annually vote to reaffirm the terms and conditions of this Interlocal Agreement. b. The grant from Department of Commerce is made for one year at a time, beginning October 1st of each year. Any party may withdraw from Metro effective the beginning of the next grant year by giving written notice by July 1st of that year to the parties subject to this Agreement. A party that withdraws from Metro before termination of Metro as defined in Section 4.c shall forfeit 100% of their share of the Metro Forfeiture Fund equity and assets. c. Termination of this Agreement shall only occur upon written mutual agreement of all the parties that are at the time of termination participants in Metro and subject to this Agreement. The written agreement for termination shall be executed by April 1st of any given year to be effective on July 1st of that year. SECTION 5 – TASK FORCE a. Each party has committed to providing, as long as their respective budgets allow, the following personnel with their assigned equipment to Metro: City of Kennewick - 2 Investigators City of Pasco - 1 Investigator City of Richland - 1 Investigator City of West Richland - 1 Investigator Benton County - 2 Investigators/ 1 Prosecutor Franklin County - 1 Investigator/ 1 Prosecutor Each party has the option of amending the number of personnel assigned to Metro. Notice of any change in the number of personnel committed to Metro shall be given to the Executive Board by January 1st of that year to take effect by January 31st of that same year. b. The City of Kennewick shall supply a supervisory person of the grade of Commander/Captain or above to act as a part-time administrator. That person shall serve approximately one-fourth of his/her time administering Metro. The City of Kennewick shall be reimbursed by Metro for one fourth of the administrator’s salary and benefits. The administrator may be delegated such administrative duties as the Governing Board shall see fit. Page 46 of 54 METRO INTERLOCAL AGREEMENT Page 6 of 13 Selection and retention of the administrator shall be done by the Kennewick Police Chief. If the majority of the Governing Board does not support selection or retention of the administrator, the City of Kennewick may either name a different administrator or choose to withdraw as the administering agency. One of the two investigators assigned from the City of Kennewick shall be a Sergeant. That Sergeant will perform supervisory duties in Metro. The City of Kennewick shall be reimbursed by Metro for the difference between the salary and benefits of a Sergeant and the salary of the other investigator assigned by the City of Kennewick to Metro. c. The offices of the Prosecuting Attorney for Benton and Franklin Counties may each assign lawyers from their respective staffs for the purpose of handling cases generated by the Task Force and this assignment may be contingent upon funding. Secretarial staff may be assigned or employed by one or more of the parties in the support of the investigation and prosecution of cases arising as a result of Task Force operations and this may be contingent upon funding. d. The Executive Board, by majority vote may, in the event that any party to this Agreement fails at any time during the term of this Agreement to provide or maintain the commitment of personnel to Metro as set forth above, impose the following penalties on the party in breach of this Agreement. (1) The forfeiture of all (100%) of the party’s share of forfeiture fund (see section 8.) equity and assets; and (2) The immediate payment upon determination of amount to the Metro Drug Forfeiture Fund of an amount equal to any loss of federal and/or state grant funds for the operating year arising from or caused by the party’s failure to provide or maintain their commitment of personnel to Metro. SECTION 6 – ADMINISTRATION a. The City of Kennewick shall be the applicant jurisdiction for Department of Commerce grants. It shall provide the necessary documentation to receive grant funds and ensure that the provisions of the application are met. Kennewick shall maintain budgetary control of grant funds and maintain records as required by applicable laws and regulations. Participating jurisdictions shall incur, and pay individually, those expenses accruing to activities or employees of their jurisdictions. Paid vouchers for reimbursable expenses are to be transmitted to the Support Services Executive Director of the City of Kennewick immediately after payment. The City of Kennewick shall request funds for grant reimbursement on a monthly basis and distribute grant proceeds accordingly upon receipt of said funds. The City of Kennewick shall set up and administer the LNCPF for the purposes of accounting for grant fund receipts and disbursements and to prevent the commingling of grant funds and drug forfeiture and other funds recovered pursuant to this Page 47 of 54 METRO INTERLOCAL AGREEMENT Page 7 of 13 Agreement with any other funds. The LNCPF shall be subject to the same audit and fiscal controls as the public treasury of the City of Kennewick. b. The City of Kennewick assumes the responsibilities of the applicant jurisdiction on behalf of, and for the benefit of, all the jurisdictions that are parties to this Agreement. All the jurisdictions shall share, on a pro-rata basis as set forth in Section 7.b, any loss other than a loss covered by Section 10 of the Agreement suffered by any jurisdiction arising solely and directly as the result of the City of Kennewick’s role as the applicant jurisdiction. In the event that there is any recapture of grant funds by the Department of Commerce pursuant to the provisions of the City of Kennewick contract with it, the jurisdictions shall share responsibility on the pro-rata basis as set forth in Section 7.b of this Agreement. However, in the event that there is a recapture of grant funds originally disbursed due to an identifiable discretionary expenditure of any jurisdiction or agency, that jurisdiction or agency shall bear the sole responsibility for payment and indemnify the City of Kennewick for any loss of funds it may suffer due to any such recapture. If any loss of funds, other than a loss covered by Section 10 of the Agreement, is covered by a fidelity bond or other insurance, covering one of the jurisdictions employees, that jurisdiction shall be responsible for said loss to the extent of the coverage provided by said bond or insurance and any remaining loss shall be shared as set forth above. c. The City of Kennewick shall administer the Metro Drug Forfeiture Fund, and it shall be subject to the same audit and fiscal controls as the public treasury of the City of Kennewick. d. The Executive Board shall be responsible for the budget and all other administrative duties of the LNCPF and of Metro. The Executive Board may delegate any or all of these duties to the Governing Board. The Executive Board shall be responsible for submitting both the LNCPF budget and the Metro Drug Forfeiture Fund budget to the City Council of the City of Kennewick for approval as provided by law. The Executive Board shall elect a chairperson and vice-chairperson, meet at least twice a year, and adopt such procedural rules to govern its meetings as it deems necessary. e. The Governing Board shall meet at least quarterly, adopt such procedural rules to govern its meetings as it deems necessary, and provide policy recommendations to the Executive Committee regarding the LNCPF, Metro Drug Forfeiture Fund, Metro, and related Task Force expenditures and operations, and may delegate any administrative duties delegated to it. f. Nothing in this Agreement shall be construed as authorizing any party or official of said party to direct the Prosecuting Attorney or any Deputy Prosecuting Attorney in the performance of his or her duties. g. To comply with Metro’s obligation to respond to Public Records Requests, and to minimize legal risk to each participating jurisdiction, the parties agree that all original Page 48 of 54 METRO INTERLOCAL AGREEMENT Page 8 of 13 police reports, correspondence, e-mail communications, or other “records” related to Metro operations and investigations shall be provided to Kennewick and will be maintained by Kennewick as the administrative agency. The parties agree that to the extent a participating jurisdiction concludes it needs a copy, it may maintain a copy. When a Public Records Request is received by Metro, administrative staff for Metro will complete a search for responsive records and respond to the request. To the extent legal review is needed to respond to a request the City Attorney for Kennewick will provide the review. SECTION 7 – ACQUISITION AND USE OF EQUIPMENT a. In the event that any equipment is acquired with grant funds received from Department of Commerce, the parties agree to use the equipment only for specified program purposes during the life of the grant. All equipment purchased by Kennewick on behalf of Metro using grant funds shall be owned by the applicant jurisdiction, the City of Kennewick. After the grant period ends, the parties agree to use the equipment only for controlled substance enforcement purposes and to dispose of said property as set forth in Section 7.b unless federal and state requirements provide for a different disposition. b. Upon termination of this Agreement, all equipment contributed by the jurisdictions shall be returned to the contributing agency. All property and equipment purchased with monies from the LNCPF or with monies from the Metro Drug Forfeiture Fund shall be distributed so as not to violate Section 7.a above, and on a pro-rata basis as set forth below, and this property shall be used by the receiving party only for controlled substance enforcement purposes unless federal and state requirements provide for a different disposition. The Governing Board shall see to it that a separate inventory for property and equipment purchased from each fund shall be kept and, if money from the LNCPF is used to reimburse any other fund for any property and equipment purchased, the property or equipment shall be transferred to the LNCPF inventory. This inventory shall go back to at least January, 1988, and continue for the duration of this Agreement. Upon termination of this Agreement, the items purchased with monies from the LNCPF fund or with monies from the Metro Drug Forfeiture Fund shall be distributed to each participating jurisdiction under a formula that divides the cumulative number of investigators or prosecutors assigned to Metro by each jurisdiction starting with the fiscal year ended June 30, 2012, and continuing through the most recently completed fiscal year by the cumulative total of investigators or prosecutors assigned to Metro by all participating jurisdictions during this same period. Jurisdictions shall only receive credit in the calculation for those investigators that remain assigned to Metro for the entirety of a fiscal year. At such time that a jurisdiction removes all of the investigators that it had previously assigned to Metro, it shall also forfeit its right to any future distribution of accumulated assets under this section and be removed from the calculation. As of September 30, the result of the formula outlined in this section was as follows Fiscal Year Ended September 30 Agency 2012 2013 2014 2015 2016 Total % Page 49 of 54 METRO INTERLOCAL AGREEMENT Page 9 of 13 City of Kennewick 2.00 2.00 2.00 2.00 2.00 10.00 21.3% City of Pasco 2.00 2.00 2.00 1.00 0.00 7.00 14.9% City of Richland 1.00 1.00 1.00 1.00 1.00 5.00 10.6% City of West Richland 1.00 1.00 1.00 1.00 1.00 5.00 10.6% Benton County 2.00 2.00 2.00 2.00 2.00 10.00 21.3% Franklin County 2.00 2.00 2.00 2.00 2.00 10.00 21.3% Total Investigators 10.00 10.00 10.00 9.00 8.00 47.00 100% SECTION 8 – FUND ADMINISTRATION AND FORFEITURES a. All property, proceeds from property, and cash forfeited pursuant to RCW 69.50.505 by Metro operations and all other contributions to the Metro Drug Forfeiture Fund shall be managed and disbursed as provided in this Section. On or after July 1, 2009, all forfeited property, all proceeds in the Metro Drug Forfeiture Fund and/or LNCPF fund and all accounting records related to such were transferred from the City of Pasco to the City of Kennewick. b. The City of Kennewick shall administer the Metro Drug Forfeiture Fund and shall make expenditures from the fund only as appropriately directed. All interest attributed to investment of monies in the Metro Drug Forfeiture Fund shall be deposited into the fund. This fund shall be established so that it may accept court ordered contribution or other contributions as well as funds disbursed by the federal government or other agencies involving the enforcement of controlled substance laws. Disbursements from this fund shall be for controlled substance enforcement purposes. c. To the extent that RCW 69.50.505 requires that the forfeiture funds be deposited in the current expense fund of the jurisdiction in which the forfeiture takes place, that requirement shall be met by depositing said funds in the Metro Drug Forfeiture Fund. Forfeitures shall be in accordance with RCW 69.50.505 or other applicable law and all funds which may be retained by the local jurisdiction as a result of said forfeiture shall be deposited into the Metro Drug Forfeiture Fund. d. All property forfeited pursuant to Metro operations shall be immediately delivered to Metro for use in Metro operations, unless use of such property is declined by the Governing Board, in which case the jurisdiction in which the forfeiture took place may use the property in accordance with RCW 69.50.505. The City of Kennewick shall see to it that a property inventory is kept of all the property seized, whether or not it has yet been forfeited, and of its sale or other disposition. e. The Governing Board may authorize the transfer of forfeited property of any law enforcement agency in this state upon application for the exclusive use of enforcing the provisions of Chapter 69.50.505 RCW as now or hereafter amended. Page 50 of 54 METRO INTERLOCAL AGREEMENT Page 10 of 13 f. Firearms confiscated as a result of Metro operations will be placed into Metro evidence and the disposal of the firearms will occur after adjudication of the case in court and at the direction of the Governing Board. g. Upon termination, the Executive Director of Support Services of the City of Kennewick, or his or her designee, using established governmental accounting standards shall determine the balance of the LNCPF and the Metro Drug Forfeiture Fund available for distribution as of the termination date. All jurisdictions shall share in the amount available for distribution on a pro-rata basis as set forth in section 7.b. Any balances that become available for distribution within the LNCPF and the Metro Drug Forfeiture Fund after the date of termination, including but not limited to, the net proceeds derived from any property that was seized or forfeited prior to the termination date, shall be distributed in the same manner, Funds distributed may be used for the expansion of controlled substance enforcement purposes and may not supplant pre-existing funding services unless otherwise authorized by applicable law. h. In order to ensure compliance with the Agreement, the parties agree that all forfeitures made pursuant to RCW 69.50.505 by each party shall be disclosed to the Governing Board. The Governing Board shall review each case to determine if the action was a Metro operation. The decision of the Governing Board shall be binding upon all parties. However, Metro operations shall expressly not include drug arrests and forfeitures which are incidental to an unrelated activity, e.g., a routine traffic stop, arrests and forfeitures from operations which were made after consultation with and agreement of the Metro supervisor that Metro would not participate; and cases which are not considered a Metro case for prosecution purposes. SECTION 9 – ARBITRATION The parties agree that any dispute arising from this Agreement relating to the distribution of monies and or property or penalty provisions shall be submitted to an arbitrator for a binding decision pursuant to Chapter 7.05 RCW unless the parties agree to another manner of arbitration. If the parties cannot agree on an arbitrator(s), the court shall appoint an arbitrator from a list compiled as follows: each party shall submit a list of three persons not associated with any of the parties who have agreed to act as an arbitrator and each party may strike up to two names from the total list thereby compiled. The court shall select an arbitrator from among the names remaining unless there is none, in which case the court shall select an arbitrator no associated with any of the parties. SECTION 10 – LIABLITIY Each party shall be responsible for the wrongful or negligent actions of its employees while assigned to Metro as their respective liability shall appear under the laws of the State of Washington and/or Federal Law and this Agreement is not intended to diminish or expand such liability. Page 51 of 54 METRO INTERLOCAL AGREEMENT Page 11 of 13 To that end, each party promises to hold harmless and release all the other participating parties from any loss, claim or liability arising from or out of the negligent tortious actions or inactions of its employee, officers and officials. Such liability shall be apportioned among the parties or other at-fault persons or entities in accordance with the laws of the State of Washington. Nothing herein shall be interpreted to: a. Waive any defense arising out of RCW Title 51. b. Limit the ability of a participant to exercise any right, defense, or remedy which a party may have with respect to third parties or the officer(s) whose action or inaction give rise to loss, claim or liability, including, but not limited to, an assertion that the officer(s) was acting beyond the scope of his or her employment. c. Cover or require indemnification or payment of any judgment against any individual or Agency for intentionally wrongful conduct outside the scope of employment of any individual or for judgment for punitive damages against any individual or Agency. Payment of punitive damage awards, fines or sanctions shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her Agency employer, should that employer elect to make said payment voluntarily. This Agreement does not require indemnification of any punitive damage awards or for any order imposing fines or sanctions. SECTION 11 – AMENDMENT This Agreement may be amended from time-to-time as deemed appropriate by the parties, provided that such amendment shall become effective only after it has been adopted in writing by authorized representatives of each of the parties. SECTION 12 – INTEGRATION This Agreement and the application contain all the terms and conditions agreed upon by the parties, except necessary operational agreements between the law enforcement agencies of the respective jurisdictions pursuant to Chapter 10.93 RCW. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. This Agreement shall expressly supersede all prior Agreements among the jurisdictions regarding Metro creation, operation, and administration. Dated this ________ day of _____________, 2017. CITY OF KENNEWICK CITY OF RICHLAND _________________________________ ____________________________________ STEVE C. YOUNG, Mayor ROBERT THOMPSON, Mayor Page 52 of 54 METRO INTERLOCAL AGREEMENT Page 12 of 13 Attest: Attest: _________________________________ ____________________________________ TERRI WRIGHT, City Clerk MARCIA HOPKINS, City Clerk Approved As To Form: Approved As To Form: _________________________________ ____________________________________ LISA BEATON, City Attorney HEATHER KINTZLEY, City Attorney CITY OF PASCO CITY OF WEST RICHLAND _________________________________ ____________________________________ MATT WATKINS, Mayor BRENT GERRY, Mayor Attest: Attest: _________________________________ ____________________________________ SANDY KENWORTHY, Interim City Clerk JULIE RICHARDSON, City Clerk Approved As To Form: Approved As To Form: _________________________________ ____________________________________ LELAND B. KERR, City Attorney BRONSON BROWN, City Attorney BENTON COUNTY FRANKLIN COUNTY _________________________________ ____________________________________ JEROME DELVIN, Commissioner ROBERT E. KOCH, Commissioner _________________________________ ____________________________________ SHON SMALL, Commissioner BRAD PECK, Commissioner _________________________________ ____________________________________ JAMES BEAVER, Commissioner RICK MILLER, Commissioner Attest: Attest: _________________________________ ____________________________________ CAMI MCKENZIE, Clerk to the Board KARIN MILHAM, Clerk to the Board Page 53 of 54 METRO INTERLOCAL AGREEMENT Page 13 of 13 Approved As To Form: Approved As To Form: _________________________________ ____________________________________ ANDREW MILLER SHAWN SANT Benton County Prosecutor Franklin County Prosecutor Page 54 of 54